The New York Herald Newspaper, November 14, 1874, Page 3

UTAH. New Light on the Mormon Question. A True History of the Horrible Massacre at Mountain Meadow. Mormon Leader Arrested. ee ee Brigham Young and Polygamy Doomed. —_-_—____ AFTER THE PROPHET BRIGHAM---WHAT ? The Sat Lake City, Nov, 8, 1874, You have, no doubt, already veen advised by telegraph of the arrest of a man by the name of John D, Lee in Cedar City, Beaver county, on the charge of haying been the leader in the horrible Mountain Meadow massacre, the circumstances regarding which, the readers of the HERALD not, perbaps, being familiar with, I will relate:— NARRATIVE OF THE MASSACRE. William H. Rogers, a government agent, crossed the Plains with General Sidney Johnson’s army in 1857, im charge of the treasure train. Rogers heard of the terrible massacre at Mountain Meadow on his way across the Plains. It was re- ported that the emigrants were murdered by Indians, These emigrants were white men, American citizens of Arkansas. General Algernon 8. Johnson’s army was unable to reach Salt Lake | City in season, and was obliged to encamp at Fort Briager for the winter of 1857, In the | Spring of °53, however, the army marched into the valley of the Great Salt Lake. On approach- Ing the valley they were met by Peace Commis. Bloners, sent by our government, who had pre- ceded the army and had seen the great Prophet of the Latter Day Saints. Terms were made be- tween General Johnson and the Mormon Prophet to the effect that the army should not camp with. 4n flity miles of any Mormon settlement. Conse- quently the army was stationed at what is now calted “Old Camp Floyd,” a distance of fitty-tive | mnlies southwestward from Salt Lake City. While located here information was received in regard to the Mountain Meadow massacre, and the | action of the government at Washington, ap- Propriating $10,600 for the recovery of the chil- dren presumed to have been saved trom the mas- Bacre and supposed to be in the hands of the Judiang. Mr.. Rogers, being appointed Indian agent, was instructed, during the summer of 1858, to proceed to the scene of the massacre and rescue | the surviving children. He took a company of | cavalry and left Camp Floyd for Cedar City, near the scene of the massacre. On arriving on the ground he found the banes of a hundred and | thirty human beings, men women aad children. | In gathering up the remains for burial he discov: | ered that a large namber of the murdered | persons hed been shot through the head— | the ball entering the back part of the head and coming out at the front. Tne wolves | gna coyotes had eaten the flesh from the bones, | A two bushel basket of women’s hair that was strewn around among the sage brush was gathered Up by Mr. Rogers. It might be here stated that Mountain Meadow {3 situated twelve miles from Cedar City, and the samejiistance from a temple of | the Latter Day Saints. TAY CHARACTER OF THE MASSACRED EMIGRANTS, It appears that in 1849, upon the excitement created by the gold discoveries in Cuallfornia, Beveral pioucers of Arkansas went to California | in rearch of the precious metal. They were very | successful, In the fall of 1356, with thelr large ac- cumulated gains, they returned to Arkansas for the purpose of taking their families and some of their relatives to settle in the new E! Dorado, in ‘which they had heen so fortunate. They purchased a large amount o!f blooded stock, and fitted out a train of about forty wagons. They numbered about one hundred and forty-six, men, women and chil- Gren, They were known to be a very wealthy train. In the spring of 1857, a3 we have stated, they started across the Plains, On arriving at Salt Lake y they were told by the Mormons that they were too late to crags the Sterra Nevarta | Muvuntains by the oid emigrant route. The Mor- Mobs assured them that there was a ing down through Soutner Utah, passing Dy go! 0 rough Soutnern Utal tirougit southern Nevada, going over the rauge | of the mountains and coming out near Log Ange- Jes, Lower Caliiornia, This route the Mormons assured the emigrants to be practicable and sale. Placing confidence in the reports and statemenis | of the Mormons, the emlgrants started by the | southern route. Passing down through the set- | tements of the Latter Day Saints unmolested, they encampe at what is known ag MOUNTAIN MEADOW, } @ little narrow valley dividiug the hills and moun- walDB ON each side, with a hop supply of | grass and Water—a beautiiul place to camp. Little id these cmigran{s think that this beaati ul spot. would in @ short time be their sepuichre, the Beene Of a sanguinary massacre—the worst mag gacre that we have any record of in the history of the bloody deeds of the savages upon the early detenceless Aimericun settlements. The horrid story oi the Indian murders in Wyoming Valley, which Campbell so eloquentiy depicts, affords no paraliel to the butchery of these emigrants at Mountain Meadow. While en- camped in this lovely spot they were | attacked from behind the adjoining bills by, as they supposed, Indians. Several of their number were wounded, Tho pioneers, however, being used to Indian warfare and well skilled with the handiing of the old Kentucky rifle, were able to keep their assailunts at a long range. ‘Tneir wagons were drawn into a circle, forming gort of jortification. The wheels were sunken down to their axletrees. Earthworks were thrown up on the outside of the wagons, making a temporary but somewhat formidable defence. A ditch Was dug irom this iortification to a pring near at hand to enable the emigrants to reach water under cover, For tive long days they were able to sustain themselves here without any farther loss In wounded or kilied. Their stock had been captured and driven off early in the at- tack. On the sixth day, early in the morning, they discovered a large body of men conaing up the road from toward Cedar City. No firing bad been done that morning, and no supposed Indians insight. A white flag was holsted by the white mien approachlug them, and these duomea emi. | Grants, believing the new comers to be Iriends, Gressed A BRAUTIFUL YOUNG GIRL | in white and placed her outsiue of the fortification in token 01 Iriendship, The presumed iriends ab once Pipa They were Mormons—Latter Day Saints—and headed by JOHN D. LEB, the man just arrested for criminal participation | in the massacre that followed. <A parley cosued, Lee told the emigrants tnat there were large humbers of Indians in the hills; but if they (the emigrants) would lay down their arma they would protect them and tuke them back to the Mormon | Rettlements, they tben being 300 milea soulhwest from Salt Lake City and near the Nevada line, Alter along parley the cmigrants consented to the proposition of Lee. It may be here remarked ‘that these emigrants bad with them about GNE HUNDRED AND FIFTY THOUSAND DOLLARS IN GOLD, which they had procured by their previous ven- tures in Valuornia, Leo told them that if they | took thelr arms with tuem the Indians were 10 | such great numbers that they would massacre | them. Pluuder, said the Mormon chtel, was all the indians were after. The ploneera thereupon letd down ther arms, taking with them such of | their valuables as they could conveniently carry, gud conseated to accompany the Mormons vack to Cedar Cliy—twelve miles, The emigrants marched out of thelr fortifcations in the direction of the above numed piace. Mormons, HEADED RY LER, fell directly in their rear. At this time not an In- dian Was in sight, and 200 yards from the wagons of the cmigrants Was in@ugurated tbe scene of this TERRIBLE DEED, Ice and his party commenced firing upon the emt- grants, shooting several cf the moss prominent men through the head on tue first fire. Ihe emt grants being entirely unarmed, the slaughter w: an easy task, After all the men and most of the ‘women been killed ayoung lady of eighteen sunimers sprung forward, and, clasping her hands, Jeil upon her knees in !ront o1 Lue, begging him so SPARE HER LIFE. She then rose and clasped him around the neck, deviaring to him that she had a lover in Calilurnia to whom she owed ber Ite; that she was engaged to marry him on her arrival ther ) Alver hearing her pitiful story, took her uside, ravished her and then with bis knile OUT LER THROAT, Yeaving her body om the spot to be eaten by wolves, BIXTREN INNOCENT CHILDREN | Statement was made in full to Mr. Rogers by the | | pay for her presumption by taking a beating. wore paved srom (he weneval maxascre, Two Of NEW YORK HERALD, SATURDAY, NOVEMBER 14, 1874.—TRIPLE SHEET. the number were seven years old, the balance between one and five years of age. TO RETURN TO MR. ROGERS’ STATEMENT, After Mr. Rogers, the Indian agent, had buried the bones of the emigrants that had been lett to bleach within tweive miles of the Mormon temple, he returned to Cedar City and found she children in the hands of the Mormons, Lee having two of the number, The Mormons ASKED PAY from the agent for taking care of the children, | Up to this time the world supposed the emigrants were MURDERED BY THR INDIANA, but the sub-equent rejation will show how far the savage Indians were really connected with the air, Mr. Rogers gathered the children together, re- fusing to pay the ransom demanded for tneir release by the Mormons. Altey he had the ehildren | in bis Camp, near the Mormon settlement atCedar | two of tiem, then about eight years told Mr. Rogers that Lee and the white MURDERED THEIR PARENTS, Of course Mr. rogers Was astounded at thia, the first information he had received of the real au- thore of the diabolical massacre, He pursued his investigations among the children, and their testi- mony Was corrovorative of the intelligence he had reviousiy obtained, It shouid be here stated hat two Mormons came to the tent of Mr. Rogers ny lesisht about this time, and told him that ele HEARTS WERE PRESSED WITH GRIEF. If he (the agent) would spare thetr Wyes they would give hima true history of the awful mad sacre, Rogers toid them to proceed and open their hearts, These two Mormons (the names of whom Mr. Rogers does aot recall) told him they were summoned by Jonn D. Lee, the then commander of the Nauvoo Legion at Vedar City, to appear in INDIAN COSTUME, painted, witn long hair, fully to represent the na- tive savage, prepared to gv to Mountain Meadow. The Mormons attacked the train of emigrants ip the disguise of Indians, Lee, finding tnat the emigrants were too strongly fortified, after five days’ Siege, retired back and dressed in citizen's clothes, and as we have above described decoyed the emigrants Into a surrender of their arms, Tis two Mormons we have referred to, thus corrob- orating {fully the statements made oy the rescued children, Furthermore, they stated that the blooded stock and wagons of the emigrants were | | eyes do not need to be told that there seems a taken back to Cedar City to the Mormon tithing establisument, and there sold at pabite auction for the benefit of the Mormon Church, THE DOOM OF MORMONDOK, Tn connection with this brief recital of the fright- sal tragedy given above, for which the Mormons are substantially responsible, and for participat- ing in which the Mormon leader Lee ts now under arrest by the United States authorities, we ‘may Maehtion something concerning tue ‘reigning rophet, Brigham Young, and his adherents. The rophet is at the threshold of death, AFTER HIM—WHAT ? Polygamy {s pronounced a gin by civilization and a crime by the laws of the United States, As an illustration of its siofulness as practised by one of the scions of the house of the great and ini- maculate Prophet, JOHN W. YOUNG, son of the Prophet and expectant successor of the jarental mantle of the Church, is distinguished for the manner in which he has treated his wives, Some eight years ago he married two Mormon women. They are imdustrious, virtuous, good, plain women. After the marriage to these two | good Women the young man makes a visit to Phil. adelphia. There he happens by chance to become acquainted with a young laqy, whom he induced to accompany him to Utah, crossing the Plains by wagons. According to the Mormon faith, beliey- ing that it is necessary to have several wives to save their souls from eternal dampation, the lady from Vhiladelphia consented to be sealed to the son of the Prophet, and thereby passing through What 13 called in Mormon parlance the RNDOWMENT HOUSR. For some little time the young Prophet seemed to live happily with his three wives, but more re- cently, finding that it was a rather expensive luxury to support three wives, he has conciuded to discard his first and second wives. His first we secured a divorce from the Murman Church, the husband agreeing to gpm a house for her in Eg pe Vian (where she now gal And give her $60 per month ior her support, which he has | failed to do, She has calle spon the Prophet Brigham, the father of her husband, for ald. Brig- ham refused to aid her, stating that he was then supporting Jen W.’s sscond wife, and with the expenses of his own family he was unable to assist her, The two forsaken Wives may mourn the loss of their husband, but what erfoct will that have upon Eastern soctety? THE DOWNFALL OF MORMONIEM ia decreed tne inoment that Brigham Young dies, He has no progeny Who have the eulity aud nerve to carry out the grand project of his life; ne has not as much property as the world gives him credit for; he has no apostles to propagate his pecullar theories, and, as the wor:d grows older, Jewor fools to believe.4dn them, Hence we infer from the arrest of the Mormon fiend Lee for his Participation in the horrible Mountain Meadow massacre and the rapid decline im physical strength of the great Mormon leader bimsell that the duys of Mormondom are numbered, HORRIBLE WIFE MURDER. A German Woman Kinea by Her Hus- band with a Club—Conjugal Dissipa- tion in Connecticut—The Sickening Details. NEW HAVEN, Nov. 13, 1874, The circumstances of & most revolting murder in the town of Cheshire, distant ten miles from this city, have just come to light. The murder oc- curred on Wednesday, in an ancient, low, wooden house one and a half miles distant from Cheshire, on the road to the town of Southington, and very near the region of the late forest fires, Jn the house for several years have lived a Ger- man named Henry Kraemer and his wie. Mrs, Kraemer had always been a working woman and endeavored to do her best toward earning a livelihood. Kraemer did not like work and would do nothing except when driven to it by necessity, He was o lover of ardent drink, and, while his money lasted, was 4 JOLLY GOOD FELLOW, but when it was gone he would adopt all sorts of means to obtain a fresh supply. One of his favor- ite plans was to lay in wait for his wife's pocketbuok, and when he had captured | it proceed with its contents to the business of jollitication again. Mrs, Kraemer was sagacious in her financial arrangements, and it happened that her tusband did not always get what he sought, Onsuen occasions Mra. Kraemer had to Both were inclined to tipple, but Kraemer was the worst of the two, as the sequel will show. On | Wednesday, in the midst of their cups, a uarre! arose, during which Kraemer attempted o bring nis wile to subjection, He used a heay, hickory club for the and with it beat id Jeeling consctous that he had taught his wife a lesson she would not soon forget, he left the house ond complained to the authorities in Cheshire that his wife had the “horrors,” tiat she was in a terri- ble mental condition, that she nad broken all the furniture and wiudows of his house, that he could not live in eon. with her, and he wanted her arrested. Soon alter the complaint was made, however, two persons were despatched to Kraemer’s house to see i there was trath ip what ho had alleged. Arriy- ing there they could see no broken windows and nothing to indicate that a fignt of apy kind hid taken place, Hearing groans isauing from a lower room they looked through one of the windows, and were horrified to behold a woman lying on the floor, apparently IN HER LAST AGONIES, Thoy entered the building, which had been par- posely locked by Kraemer, and found the woman to he Mrs, Kraemer, and that she was in an un- conscious condition, It was impossible to render assistance to the ing woman, and they returned to Cheshire and. cold | the story of what they had seen, Kraemer was arrested and locked up. Dr. Chamberlin, of Cheshire, was sent by the authorities to visit the woman, ascertain the character of her injuries and iioister to her wants. He did so, and the village constable, in company with Mr. H. Bristol, was delegated to stay with the woman, which they did, but despite their care she died early yesterday morning. A JURY OF INQUEST was summoned, who viewed the body. Tne most important witness examined was a boy, who testified that he saw Kraemer chasing his wife with a clad in his hand several hours betore the | Wagedy, and that he had seen Kraomer strike big wite several times, This was deemed suMcient to fix the crime, and a post-mortem to ascertain the character of the injuries inflicted was held | by Jrs. Chamberlin and Chipman. Alter the scalp had been taken of were found severe indenta- tions and bruises, any one of which was sufficient to have caused death, Back of the left ear wasa large contusion, and on the body were found hor- rible looking bruises. The jury rendered a verdict of death caused by blows on the head from a club in the hands ot Kraemer, Since hig arrest Kraemer has been confined tn Cheshire, but has said very little of the marder, Kraemer is flty years of age, and his wife was about the sume. The affair causes the greatest excitement, BOLD BURGLARY IN NEWARK, The details were divulged yesterday in Newark of a most daring burglary which took place there two days before, The family of John F, Schafer, of No, 189 Littleton avenue, had been sway from home for several days On Thursday it happened that Mr. Sulaffer himself Was home @ good part of the day. Two pediars came in, but were told Rothing was wanted, At noon Mr, Schader leit IX o'clock, h ail the silverware they could lay handa op, aud Much other valuable property, | &re engaged io them and who are as much en- SUNDAY AMUSEMENTS. Sha’l We Have the Puritan Sabbath or the Southern European Holiday ? VIEWS OF THE CLERGY. | } po EE Se Mr. Frothingham, in a Mimority of One, | Favors Popular Entertainment. BETTER ENJOY MUSIC THAN DO WORSE. pas The Mojority Speak for Sunday Sanctity and the Closing of Theatres, NEED OF A DAY OF REST. New Yorkers who see what comes before their general movement in certain circles, and wide ones, too, to radically change the traditional method of keeping or spending Sunday and Sun- ; day evening in this city. Within a short time quite a number of our large buildings, usnally devoted to amusements, have been opened on Sun- day afternoon and evening with popular entertain- ments, instrumentat music, singing, and, in some | cases, the representation of plays. That these concerts and theatricals have drawn in some | instances a large attendance shows that they to a | greater or less extent coincide with a popular wish or necessity, That the general adoption of this new Sunday custom would more or less shock the religious feelings of large classes of good citi- zens is obvivuus. To give the public tofor- | mation of the views ,on this subject of | Prominent clergymen of various churches and of Widely divergent general religious opinions, the HERALD has sent its representative among the recognized religious teachers. Below will be found the first instalment of the answers from several well known clerical gentlemen to the queries of the H&RALD reporters. They will be read with interest, and the subject promises soon to assume such practical shape and dimensions as to insure the most earnest action from men who hold opin- ions diametrically opposed to cach other on broad questions of individual rights and religious duty. Dr. Henry C. Potter’s Views. Dy. Henry C. Potter, rector of Grace church, ‘was called upon by a HsRALD reporter and re- quested to give his views on the Sunday amuse- Ment question. Like other clergymen he was against the opening of theatres on Sandays, but put his arguments on matniy practical grounds, He said, in answer to a question on the subject :— I should regret the opening of piaces of amuse- ment on Sunday—(a) As an JnDjustice to those who Utled to one unbroked day Of rest as any other class of persons in the community; (b) 48 au in- justice to those whose worship hours may be dis- turbed by them and who have a right to such worsbip without distraction or interrup- tion; (¢.) a5 @ violation of that idea of the first | jay Of the week, which separates it, or which should separate it, by the broadest possible line from any other day of the week. Leaving out of view entirely any especially sacred or religior somcepelan of the day, it will not be dented that i isan immense advantage both to body and mind to turn them off, sharply and completely, at stated iniervals, (rom the track of wonted occupations, But todo this, the occupations, the duties, the amusements of Sunday should not be those of the week. And if it be said that the opening of places of amusement on Sundays would simply place them within the reach of those to whom such means of recreation are not wanted nor available during the week, then I should venture to neeicn the accuracy of such a statement; or if it should prove tobe borne out by the facts, then to affirm that it simply demonstrated the need of mhartonl lig hours of labor, s0 a8 to leave some week nights free; or of some half holiday in the middle of the week, which should make the evening available for ali classes of workers, At the root of the sunday question lies the law of periodic rest. Uniess al! history and all experi- ence are false, no nature, whether of man or beast, thrives without stated pauses between stretches of cfort, Butto fillup a part of aday devoted to such reat wiih week-day excitements, even though those excitements be designed to divert or amuse, cannot be healthful and wili not prove ennobling. We Americans sadly want repose, It oar national defect of thonght and action, But it is diMcalt to see how devoting part of that only day, during wntch many men and women can be gail to own themselves, to what taxes the atcention, and often greatly overstrains the feelings, can be said to be a means of providing them with repose or with the leisure in which such a temper may best acquire Of course there arc higher and more sacred reasons for respecting and preserving the sanctity of Sunday, but these must necessarily appeal chiefly to those who own the suthority and respect | the injunctions of the Christian reugion, What the Rev. J. Hyatt Smith Says. The popular pastor of the Lee avenue Baptist church, Williamsvurg, expressed his opinion on he Sunday amusement question to a reporter of the HERALD yesterday. Sy Mr. Smith sald that he thought that the Church | had not been liberal enoagh on the question of Sunday rest and recreation, The grand thing was two find out where man conld get nearest to God, and if hoe could com- mune with his Maker in Prospect Park better than at @ meetinghouse, why, by all means let him go. There were many meetinghouses where a tired mechanic could obtain no exhilara- tion, either mental ur spiritual, and in guch a case Prospect Park would be far the better means of grace to suchaman, In this respect he thought the Church hat mach to learn. There was pleuty of sap in the gospel trees, and they only needed | tapping for all men to obtain a fulness of joy. Re- ligion should be made more attractive and joyous than tt was made by the generality of the churches. There was & very large margin of lawful enjoyment that the Church never | utilized, and neglecting this it either drove men away from the Church, or made them annatural when they did get into the church. As to the opera on Sunday be that in itself might have its uses, but alter all it was but the presentation of the face of a saint with the hoof of the devil. If opera were to be allowed because it had features in it that were very commendable, there was no reason why all the theatros should not be opened, and that would include variety honuuniioes at the Theatre Comique and the Long Branch pathing scene at Robinson Hull; from all he bad heard be sup- roe nobody would pretend that those were it Sunday evening recreations. He, however, could see Ro reason why these theatres should be closed and the opera opeued. As far as the at- tendance on the churches was concerned ho did not think that Sunday evening amusements would diminish that in any perceptible degree. The people who would go to the operas or the theatres are Dot the people wio attend churches, They are those who either now stay at home or go to ques- Uonabdie places of recreation, He believed that this innovation could only be mot by the presen- tation of Christian truth by the ministers and the exemplification of it in the lives of Christians in KO AtLiractive & manner as to constrain men to the couviction that in the keeping of the Command. ie there was @ well-spring Of joy that never et ‘What Mr. Talmage Says. Mr. Talmage was found by @ reporter of the HERALD yesterday at his house in Adelphi street, Brooklyn, Inreply to an inquiry as to what he thought of the giving of opera on Sunday evening in New York, he said that he thought that it was objectionable on several grounds—not, probably, in itself, but it was certain that God bad given us six days 11 which we might have a good time, and the seventh the Creator asked for Himself. Now he thougnot it was mean of us to try to rob God of that, Sunday was a day for this worship and to be devoted to religious uses. By diverting It to other uses men, In elfect, say that they want all the time that God has given them for their own selfish and material ends. As to whether this innovation would affect the attend- ance on the churches Mr. Talmage was of on opinion that it would not, He did not believe that those who went to churches now would cease to Reet all the places of aimusement open. ‘hose who* patronized Sunday ecvenng amusements now were the people who did not go tochurches. There seemed to bea popular error revaient (hat everybody went to church. The fact is that not one family out of three in Brooklyn went to church, although Brookiyn was known as the City of Churches. ‘ith regard to the attend- ance on oper. on Sunday evening, Mr. Talmage said it might be true that it would attract a large number of persons there who might do worse ifthey dia not go there. That, however, did not do away with the fact that it was tho “shin end of | stand me mente that there could be no doubt about their objectionable character must be allowed. He aid not see how those in authority could draw a line that would exciude Any licensed place of amusement. It was in fact bringing Paris to the United States, and he was alraid it would rob America of that which had veen her characteristic among the nations—a respect for the outward ob- servance of godliness. The churches had probably erred in a tendency toward a strictness that was too Puritanical, but that was being greatly modi- fied. He earnestly hoped that no steps would be taken to Frencbily our American institutions, Dr. McGlynn’s Opinion. Yesterday afternoon a Hrraup reporter mounted | | the stoop of the pastoral residence of St. Stephen’s church and inquired for Dr. McGlynn, The re- Poster told Dr. McGlynoin a few words that his Visit was for the purpose of hearing from him an expression of opinion regarding Sunday amuse- ments, The Doctor's opinion was that Sunday amuse- ments should not be, He was emphatically adverse to them. RePORTER—Are you against performances for doctrinal reasons ? Dr, MCGLYNN—No; there ts nothing that J can remember in Catholic theology which animadverta upon them, and the Church has not pronounced | against them. Under the Pontifical rule the thea- tres of Rome were allowed to keep open on Sun- day, while on Friday they were closed, thus show: | ing that Friday, the day on which Christ died, was held a8 a day of devotion, while Sunday was regarded more as @ day of rest. Now in France Sunday is more of a tiresome holiday than | @ day ofrest, They go to races and theatres and | & thousand and one amusements, which sre tn- trinsically harmless, but which tend to inculcate a Sort of disregard tor the sacred character of the day. This disregard. for the Sabbath acts ui favorably on religion, The Sabbath | have a! Ways regarded as a great social conservator in this conntry. The regard in which Sunday has been held by the English speaking nations nas had much tu do with their keen sense of decorum and eMcient social organization, Do not under- as romuigating the doctrine | that Sunday should be observed Puritanically, for my intention is far from that. 1 can see no harm | in parlor music or amusements on Sunday after- noon or night, provided they are not allowed to in- | terfere with the religious observance which th> Church has set down. Rational amusements in | Moderation tend to divest Sunday of the severe and tiresome res'raint which some people couple with it. Sunday night public performances tend to destroy the line of demarcation between Sun- | day and the rest of the week. The Sunday rest | should be @ set-off to the weekday work, and | Sunday night quiet to the boisterousness and enjoyment of the week nights. I think that the theatre has its miasion to periorm, and I consider young ladies just as safe looking at a play which | i3 not immoral as they would be in the parlors of their parents, provided always they are protected, 1 do not wish to be understood as tuking a fanatical view of the question of theatres; on the contrary, Irebuke such a view, for I know that there are as Mavy good and true Men and women in that pro- | fession as there are proportionally in any other. in fact, stage folk are very much like other classes of people, and who will say that every profession and stage of life has not tts sinnets ? win speaking of the law on the subject of Sunday theatricals Or. McGlynn said that if the Legisla- j ture had the power to stop civil processes on Sun- das and enact Sunday excise laws it had the same prerogative in regard to theatres, But it was not g0 Mich legisiation that was wanted as a good, | healthy public sentiment. Public sentiment, if tt had vigor in it, was sure to act on the legislative body in the State and produce results which would tend to make things as they suould be. In bidding the reporter goodday the Doctor in- formed him that he wished to be put on the record as emphatically against Sunday performances, it was adding insult to {njury, he thought, to call the beer shop discords ‘social concerts,” Dr. Preston’s Opinion. A HERALD reporter called yesterday afternoon | on the Rev. Dr. Preston to hear what he had to | gay on the subject of Sunday amusements. The | Doctor had nothing further to state than that he, i personally, was adverse to Sunday amusements Of a the-trical and operatic character, when the} were dignified with the appellation of ‘“sacrei concerts,”? He was not so emphatic in his expression of opinion as was Dr, McGlynn, whose opinions are found above. Dr. Jonn Cotton Smith, Dr. John Cotton Smith, rector of the Episcopal Church of the Ascension, in Filth avenue, was | called upon by the Henaud reporter and asked for an expression of his views on the question of Sun- day amusements. The Doctor considered it a | Matter demanding the most careful thonght in | discussion and expression, and one not lightly to | bo dealt with, by clergymen particularly. * “To put a leading question, Doctor,” asked the reporter, ‘do you approve of theatres being open to the public on Sunday evenings ?” “T most decidedly do not,’ said Dr. Smitn. “it | is imevery way detrimental to public morality and can only succeed in weaning many away | from Christian duty. I see that at present the opera is being givon every Sunday evening, and that some of the theatres are open. I hope some | means will he devised to put a atop to this on the one day in the week now particularly devoted to the worship of God. I am confident the system Will not become general, because I belleve there is | too much respect for the Sabbath day here to make iva paying matter to the managers, and then, of course, it will die out for want o1 support. For this reason 1 do not view the movement with any special alarm.” “But, ou the other hand, Doctor, there is a large population here who do not go to church, and would, perhapa, be giad to find some menns of Worldly enjoyment to pass away Sunday even- ngs fe ‘4 doubt that there are enough o! these to make | the plan a generally paying one, and 1 think, for | the reason I stated, that the present movement 1s | merely spasmodic. That a general non-ovservauce | of the Sabbath, Such as this would bring about, 1f successinl, Would tend to lesson the influence of Christian teachings there is no doubt. ‘the system of Sunday amusements and theatrical | performances is not simply injurious here, out everywhere where it is In vogue. in those countries which tolerate a similar desecration of the Sabbath We find religion and its influenct are most disregarded, and in Paris, where thea- tres are Open every night in the year, we find that rellgion 1s almost a mere form. ‘the effect would be finally the same here, at all events as regards a very important part of our pubilc. For these reasons 1 am againet any such practices being carried on.” on general princt- 1 “Do you object to theatres ple as being morally injurious ?' “This 18 almost too general a question to be an- swered except 10 @ general way. It all depends.” “Would you deprecate then, for instance, your own church members attending theatres t” “That is a matter which Lleave them to judge ofentirely for themselves, and I think they are best competent to know the etlects of theatre- | going upon themselves, I do not think that, asa general rule, the associations are good.” | “Do you mean in’ regard to the people who be- long to the theatres?” “In s0 much as I mean the plays which are given, sticheas 1arces and those French plays | which seem to abound to such aa extent to-day. There are rome plays which 4 consider, on the contrary, might be good in their infuences as much as the others are bad. But, as I said theatre-goers must judge for themselves, aud | I would not consider it my province to interfere with those who choose to attend theatres, 1 do not go to theatres myself, and 1 am thereiore not as competent to judge of the good and the bad in thom to the same extent as those who do go. The | general meretricious attractiveness of these places of resort is not very consistent, however, with the practice of religion j and the fact that they begin to desecrate the Sunday evenings is prool, to u certain extent, of how little those con- nected with theatres value ttre Lord’s day.’’ JOURNALISTIO COURTESY. A Letter from J. D. Daly, of the Conti-= nental Herald and Swiss Times. GENEVA, Oct. 26, 1874, To rae EDITOR OF TRE HERALD:— This cutting from your paper is very grossly un- falr toward us, There may have been reasons why your correspondent should have cracked up the American Register, but why do so at the expense of every other Iingtish or American paper on the Continent of Europe? As @ matter of fact the American Register is @ very one-horse weekly shect, with little circulation and no influence. Ours ts a daily paper, and the only one on the Con- tinent which realizes the idea of a live Pnglish or American journal. Look at both papers and judge for yourself if the paragraph is not moustrously unjust, It is merely absurd to peo- ple who know both papers, but to those who do not itis calculated to ome damage, especiall as we are now spending largely in order to push | our taterests and reputation in America. Ask | such men as Judge Daly, Dudiey Field, Dr, Miles, Professor ‘Thompson, Judge Peabody and other Americans Who have recently been in Murope what they think eeepecryely of the Continei Herald and the American Register. We recently made an offer to buy the American Register, and in afew monthe we hope to be able to take @ course which will prove that ours ts the real Moses’ rod which alone can be turned into the big serpent capable of swallowiug all tue litte ne begat , our conscience prompts you to give some roctiteation of the injurious paragraph in yours of | the sth inst. I shall be glad of it, If not, { beg that | you Will not at least permit @ repetition oi the statement, Meanwhile believe me, with fraternity, vory singerely yourg J, DOMINICK DALY, the Wedge,” Uf opera wore allowed ober puuse- Radacteur en Chet | Upon a re-examination of his view of the Presi- | to the United States to be guaranteed against do- | THE CONSTITUTIONAL QUESTION, A Final Letter from Mr. George Ticknor Curtis, He Differs Materially from Mr. Reverdy Johnson. PRESIDENT GRANT'S FALSE POSITION The Executive Not Bound to Acknowledge Kellogg in 1874. New Yors, Nov, 10, 1874 To THE EDITOR OF THE HERALD:— When, a few weeks ago, | responded to your ree quest to give my views of the President’s action in the Louisiana case, I did not write with any purpose of controversy with Mr. Reveray Johnson or any one else. J tormed my opinions upon the historical facta and upen constitutional principles which I supposed to be settled, I bad not then at- tentively read Mr. Johnson's first letter; but, dent's course, 1am constrained to adhere to my own opinion, as expressed in my letter of Octoder 12, 14030 with the utmost respect for Mr. Jonnson, for whom I have the strongest personal regard, dating back for a period of twenty years. Ido not know that the ‘further continuance of this discnssion, so far as 1am concerned in it, can be very profitable to your reaaers, and 1 propose, therefore, to leave it with a brief restatement of my position. Mr. Johnson concedes that the | President's orginal act in enforcing Judge Durell’s decrees in 1872, by the operation of which Kellogg became the defacto Governor of Louisiana Was illegal; but he considers that when this de Jacto Governor, who had no legal title to the office, applied to the President, in 1873 and again in 1874, to be protected and maintained in the office by the | power of the United States, the President had only | to consider that he was the actual Governor, There is just where I have the misfortune to differ from my excellent and distinguished friend, As I understand the President's constitutional duty when applications of this kind are made to him, he js bound to do two things; first, to receive the application and consider it; second, to deciae whether the person making the application is the lawful Governor of the State, In ordinary cases, and probably in all that are within the intent of the constitation, this latter inquiry will require no investigation and cause no delay; but it is always to be presumed that the decision that the applicant 1s lawfully entitled to hold tho office is involved in the consi: eration of hie prayer, for it is clear that the constitution never intended that anyone who was not law- fully entitled to hola the office should have the ald of the United States to maintain him in it. This, however, was no ordinary case. It was the case of a person who had become de facto Governor through an unlawiul act performed by the very President to whom he appited for further forcible interference to enabic him to keep possession; | and if I am right in wy proposition that the con- stitutional duty of the President, when an appil- cation is made to him for the protection of the guarantee pledged by the constitution, is to decide on the legality of that person’s title, then Iam | Tight in saying that President Grant was bound to | know officially in 1873 and 1874 that Mr. Kellogg was not the lawful Governor of Louisiana, and | therefore could not have the aid he asked for, 3 aaty of the President to decid Jn cases of commotion, whew is the nwial ovens: ment of tne State. He cannus avoid such dect- sions. And in this case he decided. of course, that the existing government, the charter gov- ernment, wag the htiul government, He could not possibly have decided otherwise, Chief Justice Taney, in pronouncing the opinion of the Court, evidently took the same view of the President's duty, for he said :-—‘‘He (the:President) is toact upon the application of the Legislature or of the Executive, and consequently he must determine what body of men constitute the Legis lature and who ts the Governor before he can act.- The fact that both parties claim the right to the government cannot alter the case, for both cannot be entitled to it. If there is @n Sruec confict, like the one of which we are Speaking, itis a case of domestic violence, and one Of the parties must be in insurrection against the lawful government. And the President must of necessity decide which is the government and which ts unlawfully arrayed against it besore he can perform the duty imposed upon nim by the act of Congress.’ Does this language, which I have italicized in some places in order to show Its meaning, read asif the Chief Justice understood that the President is only to tnquire for a de sacto government? If thar is true, he mignt in such a case as that of which the Chief Justice was speak- ing, recognize either of the two contending goy- ernments that were engaged at the moment in an armod conflict, Indeed, Mr. Editor, until thia discussion arose 2 never heard it suggested that the law/ulness of the applying government is not involved in the President's action, or that it 1s not his duty to con- sider it before he acts, It was the very turning point on which the Rhode Isiand case was dis- posed of, and on principle it should be, in my opin- fon, the turning point in every case. I must, therefore, reafirm my position, that the Presi- dent, having, by his own unlawiul act, made Kel- logg the de facto Governor in 1872, was not at liberty to recognize him in 1873 and 1874 a8 enti- tied to be maintained in the office by the power of the Unitea States, in disregard of the notorious fact that he was never elected to the office. Your obedient servant, GEV. TICKNOR CURTIS, TILTON VS. BEECHER. Argument on the Question of Requiring the Plaintiff to File a Bill of Particue lars—Mr. Shearman Sheds Tears—Shall Mr. Beecher Be Allowed To Prepare an Alibi? The argument upon appeal from the a ecision of Juage Neilson in the suit of Theodore Tilton against Henry Ward Beecher, denying the motion o1 counsel for the aefendant fora bill of particu. lars, was heard before the General Term of the Brooklyn City Court yesterday afternoon. There was a very large attendance of Brooklyn and New York lawyers, among whom were District Attor- ney elect Britton and the present District Attor- ney, John Winslow, Messta. Beach and Morris appeared for the plaintiff and Messrs, Tracy, Shearman and Hill forthe Gefendant, At half past twothe case was called, when Juége Rey- nolds said it would be necessary to decide whether the case would be tried next, as extraordinary efforts would then have to be made to obtaina jury. Mr. Beach replied that they would be ready on behalf of Mr. Tilton, but they would not press. the case against the wishes of the Court. Judge Reynolds suggested naming some day in December for the trial, whereupon Mr. Beach re- marked that some regard should be paid to the order in which these cases are to be tried. There are one or wore indictments growing ont of the case, and he supposed the civil cases should be tried first. Mr. Shearman dla not believe in any farce before the Court, and his chent was ready; but &¥. Mor- ris agreed that this case sould not be tried before December. After como argument as to the pro- DEFINITE LANGUAGE OF THE CONSTITUTION. Why, then, @o I say that the President must | always decide thatthe person appiying as Gov. | ernor ig the lawiul Governor of the State? I as- | sert, it first upon principle; secondly upon prece- } dent. Upon principle it seems to me impossibie | to suppose that when the constitution speaks of | the Legislature of a State (when in session), or of | the Governor when the Legislature is not in ses- sion, as the organ by which the State is to apply | mestic violence, it means anything but the de jure Legislature or the de jure Governor, And in this | respect this constitutional duty differs widely | from tne practice that prevails between nations in the recognition of de arto governments, That international practice is to recognize ag the organ | of the foreign State any power that seems for the time being to have the control of the State. It is not @ practice that is governed by xed rules, which confine the recognition to any particular | organ known to the law of the foreign State as | previously understood. The organ may be one | utterly revolutionary and unknown to all the pre- vious laws and traditions of the foreign State, aud yet if It practically wields the political power of that State it may be recognized and dealt with by other nations as the representative of the foreign State. Itis not so that the guarantee clause of our | federal constivution deals with the States. of this Union. It uses definite terms known | to our republican forms of government. and to our constitutional law. It names | the organs through whom the State is to | apply for protection against domestic violence, | and consequently, by a iamiliar rule of interpre- | tation, {t excludes all other organs. Toey are | the Legislature and the Governor, and they are | the lawful Legislature and the lawful Governor, | because any other bodies, although assuming | those offcial names, are just as much excluded as if they called themselves a Directory, or a Council of Five Hundred, or a Committee of Vigilance, Their right to be regarded as the organs of the | State, for the purpose of obtaining this constitu. | ional guarantee, does not depend upon their present actual control of the State, | but it depends upon their being the Legisiature | and the Governor; functionaries known to our republican system, and incapable of existing in point of law excepting when they exist lawtuily. For this reason, and also for others that I have ; not space to detail, I think that the international recognition of foreign de /acto governments affords | no analogy that will assist us in determining how this constitutional daty of the United States to. ward the several States of this Union Is to be dis- charged, THE RODE I3LAND CASE REVIEWED. As to the precedent, I understand the Rhode Island case to have decided that the President's duty requires time to consider the legal title of a Governor before he responds to an application to be protected against an insurrection. | Living at the time of this occurrence in the neigh- boring State of Massachusetts I naturally took a strong interest in the questions which it involved; and four years before those questions came before the Supreme CourtI made myself thoroughly ac- quainted with the facts. { recoliect them as if they bad occurred last weok; but I speak now from the record as well as {rom memory. Gover- nor King was Governor of the State under the charter, Thomas W. Dorr claimed to be Governor under a constitution which was (crroneousiy) alleged to have been regularly adoptea by the people. Both governments were organized; both } had forcesin the field; cach was as much a de facto | government as the other, for the people were about equally divided in thoir adherence to | them, The charter government, however, was Tegarded out of the State, and by the | President, aa the “existing” government, in the | sense of being the one against which the other was in insurrection, Now, did President ‘yler re- ceive and act upon Governor King’s application to the President to put down an insurrection simply upon the ground that Governor King was tne ex- isting or actual Governor? Certainly not. He decided that the existing Governor was also the lawful Governor, because the pretended constitu. tion had not been #o initiated and adopted as to displace the charter as the fundamental law of the State. And when this matter afterward came before the Supreme Court of the United States, Mr, Webster asserted in the strongest and plain- est terms that the lawiulness of the recognized goveroment was imvolved in the President's de- ' Bel priety of fixing some day in December for the trial, it was finally dectted that it should not be tried on Wednesday next, but it would remain on the calendar and would be disposed of on that day. Mr. Shearman then opened an argument for ap- peal irom the decision of Judge Netlson and in suppor& of the rights of Mr. Beecher to a bill of particulars, This case was more important to him than his life, and more important to Brooklyn than all the brick ano mortar io it. He then cited several points of common law in support of nis position that the Court has power to order a bill a in any action, without regard to its nature, subject or form. This power 1s inde- pendeut of statute, and ts incident +o the general adaupistration of justice. In the case found in Pickering 15, 321, @ bill of particulars was re- quired upon an tnaictment for libel. The code of procedure does not diminish the power which the Court had at common law to order a bill of particulars, but rather en- larges that power. The Court may, in all casea, ORDER A BILL OF PARTICULARS to be furnished by either party. He then read a series of divorce and crim. con. cases, in which bills had been ordered, In a prosecution for em- bezziement, Rex vs. Roeean, Carr 10, p. 442, and Rea vs. Bootyman, 5. id., 300, particulars were ordered. Although there 1s no direct precedent reported in (his State of an order for a bill of par- ticulars in an action jor criminal conversation, or for orn dt there are express precedents In Eugland and in other States of this Uniou where the common Jaw prevalis; and there are plain in- dications in the decisions of our own courts that it la the policy of the law here, ; give the defendants in such actiol | precision, and particularly in the charge brought ainst them, The Court had no right to believe ir. Beecher guilty of the acts charged against him until he had been #0 proven. Coun- said he was as pure and spotiess as the judges ou the bench. low could he know of the offences if he ha? not committed them, The Court had a right to assame the respondent Inno- cent and the plaintiff’ a misied man. The plaintiff haa the times and places of the alleged criminal acts down to a fine point, and he should not be allowed to withhold those facts, He was glad t@ say that actions for crim. con. were very rare Im this State, while in Kngland they are common enough; hence the precedents In tis State on the subdject are rare, In England no man can come into Court and whip his adversary (his wile) over the back of & man {her alleged paramour) while her mouth is closed. This is just what is at- tempted in this case. Tilton wants to whip his wife over Mr. Beecher wile her mouth is closed, she not being a party to the action. He held th: Mr. Tilton, knowing the particulars, should make them knowil. No delicacy restrained Tilton from putting his wife in the gutter and trampling on her then, from charging that tis youngest child is illegitimate, and @ great many other outrageous things, though he (the counsel) believed her vire {uous and pure, and respected her as much as any lady of bis acquaintance. Mr, Tilton was now trying to spring A TRAP UNDER MR. BEECHER'S FRET, and asks the Court to protect him. ‘Tne counsel ed to the Court to grant an order for @ bill ticulats that there should be an end of this Matter forever, This privilege, which would be granted to the most miserable man im the Jana should not be refused one wuo had done 60 much in the interest of society and his fellow man. As the matter stands we don’t kuow now but what this man of war, who has been hawking his bieed- ing heart on his sleeve before the public for #0 long a. time, may char; five hundred adultery agains the defendant, and yet would it not oe preposterons and absurd to make such an overwhelm charge without furnisning the times and places a which the alleged offences were committed? Mr. Beecher had eee his whote life for his fellow man aud now he asks for a jew days time to think where Ne waa on certain days when Mr. Tilton says he was somewhere else. He spoke of Mr, Beecher not as ® common lawyer speaks of his client, but as a man with whom he hoped to stand or fall. If he was to fall, then the counsel would fall by the side of him near whom he had been proud to live. HERE MR, SHRARMAN BURST [NTO TEARS, and as goon as he could control bis rising emoe tions asked pardon of the Court Jor the tnuswal exhibition of teeling and continued his rei ‘The point they want to establish ig to know just What they want to meet; for, as Mr. Evarts said to him, when they came to try the case they would try It, and not fool with it. Had the application been granted it would not have delayed the trial one day. It the pame of the dsicndant 15 to be clouded it will cloud the name of the city itself, and they asked that the case be tully examined and justice done Mr. Beecher, THE ARGUMENT POR THE PLAINTIFF, Ex-Jadge Morris, on betal€ of ‘theodore Tiltom, ee for Lag Of half an bour in opposition to the motion for a bill of particulars, ‘The object of the motion was to obtain possession of the evi- dence of the plaintif in advance of the trial. The claim ts for the loss of the wile of plaintiff, the home and her alienation from it, If they are co- titled to one branch of the evidence then they aro entitied to ital, He claimed that the divorce case cited had no analogy to this case. The com. plainant gives the specific Loy where it 4 Allewed the acts took place. ‘The application Ip made under section 1: Thay: at ene which application is the sup) perdi) t wee piainti® intends to produce aise and man tured evidence on the tri app of par Mr. Beach followed Mr. Morris: argaing against dwe! mn the that had beraiien, othe Heusonold % Mr. Tilton In feelin: H of the defendant sarcastically pried” Weecner, ‘and contended that the Court should not grant a bill of particulars ag the de- fendant knew what he had said in his coniessions, and could not reqnire any further informati ciston, Re said:i— ‘These conatitnsinnal and legal proviaians make lq The Court the papers and reserved } GiBNO Re