The New York Herald Newspaper, February 14, 1875, Page 5

a THR GREAT SCANDAL CASE What We Shall Probably Read Twenty-Five Years from Now. A CASE THAT WILL NEVER END, The Herald Report of February 13, 1900, Anticipated. What win Become of Judge, Jury, Counsel, Parties and All? rom the New York Herald, of Feb. 13, 1900.) ‘The great trial of {heodore Tilton against Henry Ward Beecher, in an action for damages, yester- @ay entered upon its 65724 day. His Honor, Judge Neilson, was promptly on the bench at ten @ clock, looking fresh after bis vacation, nis white hatya and venerable appearance making a fine Mmpression upon the audience as a piciure of Maqjesty and justice in old age. There was some @elay before the counsel made their appearance, Mr. Evarts having been detained by an accident ‘whieh happened to the Rapid Transit Steam Tram- ‘way Line, on the New York side of the Brooklyn Bridge. Mr. Beach, wno shows remarkable elas- tholty for his years, came into court accom- panied by his great grandson, Theodore Tilton Beach, who has recently been admitted to the bar. The old gentleman had some aificulty tn mount- {mg the stairs, vut as he took his seat at the coun- wes table the fire in his eye and the clearness of IMs voice showed undiminished vigor. The vener- able Mr. Shearman was early on hand, bis usual Jarge bundle of law books being carried by his grandson, Henry Ward Beecher Shearman, a bright young man, whose recent eonduct of the Mel suit between the New York Star and the Beening Post has made him a great reputation. ‘The venerabie plaintif! was, as he has been for twenty-five years, punctually in attendance, and ‘Wok his seat near his counsel’s table, surrounded by his chitiren and his grandchildren, the eldest ef whem, Francis D. Moulton Tilton, is the cele- brated comedian now performing a successtul engagement at tne Park Theatre as Charles Sur- face in “The School for Scandal.” Mr. Tilton bears Dis years well. His white tresses were combed evér bis ears and he wore a high, clerical coat, ‘Weh a closely-buttoned vest. Hiseye had all its olé brightness, and, in spite of the lines which had gatkered on his brow and around bis firm lips ana ie full, bushy beard, he was the same Theodore Tilten who, more than sixty years ago, was “born jor the battle and the storm.” He was attended by his friend, the Rey. Francis D. Moulton, D. D., pastor of the Ebenezer Methodist Episcopal church @@lored), of Twenty-second avenue, Brooklyn. Tac Rev. Dr. Moulton, who e2 perienced religion in thegreat revival of 1887 and entered the ministry, as will be remembered, attracted much attention by his philanthropic efforts to alleviate the condi- tell of the colored race, which have brought him the benisons of the faithful and the [elicitations of the religious. He was congratulated by the counsel for his brilliant speech at Cooper Institute tn favor @f the admission of Hayti asa State. Dr. Moulton entered at the same time with General Pryor, of the counsel for the plaintiff, whose tal) form ana gray, flowing hair made him conspicuous, Gen- eral Pryor’s grandson, Colonel George Washington Pryor, in full cavalry uniform, accompanied hia Sather, and was an interested spectator during ‘the sitting. Shortly after the Judge took his seat the venerable defendant entered, his wie leaning on ais arm. Mr. Beecher bears his ninety years well, He was assisted to his seat by Mr. @hearman and is grandson, and, alter being helped oo} wita his overcoat and ploves, laying aside us goid headed cane and put- timg on his spectacies, he entered into a lively sonversation, expressing his thanks for the com- piiments he received on his last Sunday’s sermon wpon Uriah, the Hittite. The fears entertained that the secessions from Plymouth church to Mr. ‘Timon’s Church of Grace, Mercy and Peace would dajure the frst named pastor's popularity and use- falmess have not been realized, for, as Mr. Beecher mformed our reporter, with a twinkle in his eye, ;“Phere have been more pews sold since those eterodox follows went over to Tueodore’s church than at any time in the history of my church.” The Rey. Henry C. Bowen, of the Church of tho Oracifixion, shortly after entered court and took bis seat aoout half way between the plaintid and the defendant. The Rev. F. B. Carpenter, well mown in his earlier years as an artist, now the pastor of the Church of the Divine Harmonies and Bective Affinities, in which he succeeded Dr. Frothingham, entered the room with the Right Rev, Samuel Wilkeson, D. D., Catholic Bishop of Puget Sound, During the day the court room was visited by W. ©. Rigsby, Billy Fowler, James F. Pearce, Surrogate Veeder, W.C. Traphagen and Iva Shafer, all on crutches and wearing spectacies, Mr. Kvarts was assisted into the court room by IMs son-in-law, the venerable ©. ©. Beaman, and hte grandsons, Thurlow Weed Evarts and Andrew Jewnson Evaris, the well known members of the Bar. ‘he illustrious ex-President was treated with great respect by both the defendant and the Plaintif, the Judge also paying him especial at- tention, saying, a8 he took his seat, that he was giad to see him able to join in -the case te-day. Mr. Evarts thanked His Honor tor his kind remembrance, and remarked that since his retirement from the Presidency he had never enjoyed better health. Judge Porter came into the court room in an armchair carried by four stalwart negroes, and was with difficulty assisted t© @ seat. General Tracy, accompanied by his son, Henry Ward Beecher racy, and showing ll the marks of a ruday, vigorous old age, came in at this time, and was shortly followed py the pa- triarchal Judge Morris, whose flowing locks and Merce demeanor bore little trace of mis recent serious illness. ‘The jary tottered in slowly and took their seats, bet belore proceeding with the case General Tracy, who arose witn great difficulty, said that Be had a petition in his hand which he would like to present to His Honor, a proceeding in which Re was happy to say he bad obtained the consent Of bw learned associates on botn sides. * 8 Your Honor weil knows,” he said, “for the last eleven years seven of the jurors have been in the Brookiyn Alinshouse, one of them having been removed under tue care ot a learnéd physician for &@ @isease of the brain, which had not yet quite pronounced itself. As Your Honor knows, the de- mands of this case haye been of such @ character that these gentlemen have all gone into bank- ruptcy, their business has vanished, they nave Jost all means of livelinood, and are compelled, with theif families, to accept the gracious bounty of the city, You Honor will farther rememper that with due consideration for the rights of the Jurymen and a vigorous determination to uphold the majesty of the law, you issued an order that meat should be given to the jury- men at least once @ aay, and = tnat they should have certain privileges not generaily awarded to the inmates of the institutions of charity. Now, it is my painfol duty to inform Your Honor that since the advent of the Ring into office great frauds nave been committed, and it has been discovered that the inmates of that Aimshouse have been shamefully robbed, and our ‘intelligent and patientjurymen are permitted moat only twice @ week, While two of them, wno find pork and beans necessary for intelligent con- sideration of the case, have been, in deflance of Your Honor’s order, deprived of their beand! I Row ask Your Honor for an order to show cause why the officers of the Brooklyn Almshouse should mOt be compelled to appear belore tyis Court to answer for contempt.” bs General Pryor, who rose slowly and leaned heavily on his cane, but spoke with a voice of re- markable strength considering his yea) aid that he was glad to concur with the observations ot his learned antagoniat about the effect of depriv- ing the jury of beans, The deprivation of beans, as ‘Was seen irom recent discussions in Engiand, had Sterile efegs Bpon the invellecy Of @ jury. NEW YORK man. General Pryor reaa :rom rrofessor Lienig’s “History of the Sanitary Condition of tne Muman Frame” and from Professor Cochon de Féverole’s treatise. m support of his proposition, and con- tmued by citing many other authorities vo prove that nothing could be more a contempt of Court er more of a plot against his client’a interesis than this insidious effort to deprive the jJurymen of what was necessary to their happiness and the proper consideration of the case, “For, tn this Jand of liberty,” ne eloquently eontinued, “any attempt on the part of these stipendiaries of Cesarism, these janissartes of the military power, these brigande of the Brookiyn Ring, to intertere with the normal rights of the jurymen, sheuld be crushed.” There was @ burst of applause, which the Judge sternly checked, reminding the audience that this was @ case requiring serious considera- tion and that such trifling couid not ve permitted, His Honor granted the order to show cause, re- turnavle on Wednesday next, Mr. Tilton then took the stand aud Mr. Evarts resumed the erose- examination. Mr. Evarte—! will now ask you if you wrote this. (Handing a paper.) Mr. Tuton—No, sit; my hand wrote it. (Laugh- ter) Mr. .Evarts—I ask that the last section of this answer be stricken out, Mr. Beach objected, aud said his learned antag- onist was losing the precious time of the Court and that the witness Was entitled to be precise in his answers, Mr. Fullerton reminded the Court that people had written witn their toes, and that It was neces- sary for @ witness to explain what he meant when he said he wrote an article—whether with his hands or his toes, Judge Neilson admitted the question and Mr. Evarts took an exception, Mr. Evarts—Mr, Tilton, please listen while I read these lines, and see i you recognize them :— Thad a mother-in-law, Who once was délonnatre, Ate Stalled canbe With iron paw. ™ Mr. Tilton—They are from my poom “Lord Beel- zebub’s Musings,” pubsighed in the ola New York Times, . Mr. Evarts said he had quite forgotten that such &@ paper had ever exiated. Now will you tell the jury i these lines Bad any reference to your do- mestic hfe in Brooklyn? Mr. Tilton—My impression is they did; I am cer- tain— * Mr. Evarts—You mean you are sure—. Mr. Tilton—No, I am certain, Mr. Evarts—Weil, if you are certain you are sure. I hope you are sure you are certain. Judge Nellson—i hope the learned counsel will proceed with the inquiry. Mr. Tilton—I am willing to swear on my solemn oath that these lines relerred to my mother-in- law. Mr. Evarts—And by “tron paw” do you mean the poker or the shovel? Mr. Fullorton asked tue pertinence of this dis- tinction. The Judge thought it was most important for the interests of society that the distinction should be made. <A poker and a shovei were quite differ- ent; for the poker might be used as a weapon of affection, while no one could ever say that a shovel had been so used. Judge Porter coinciaed with the views of the learned Judge, and said the only case in which Snakespeare, the divine bard of Avon, introduced the shovel was certainly not as an instrument ot affection; for Hamlet spoke of being knocked about the pate with @ shovel, and he had no doubt the same thought was present in the mind of the witness when he made this poem. General Pryor called the atrention of his learned antagonist to the jact that even in Shakespeare the spade was mentioned in other associations; that in “Romeo aud Juhet,” the fact that Friar Laurence was seen coming with a spade from the scene of the tragedy was cause for serious suspi- cion. Mr. Evarts desired to know if the learned gen- tleman regarded a shovel and @ spade as similar; that Hamiet express Seid “shovel,” while Romeo it was “spade.” The Judge said this was a question for the jury, but Jor the purposes of this cage it was proper to ask the witness bis exact meaning. Mr. Titton answered that ne meant the poker, (Langoter.) The Judge sternly rebuked this levity and said a poker was not to be laughed at. The witness thanked the Judge for this observation, and said he had often said as much when occasion served. Mr, Evaris—I will now read further:— 1 lived in a boarding hail, ‘But when f frankly said ‘shat 1 had ne'er a red, She drove me trom my’ bed And board and ail. Is this in any way an actual transcript of your experiences during the time of your controversy with Mr. Beecher? Mr. Tilton said that he had used some poetic license in describing this incident. His idea was to represent a, proud man, who nad had a lolty name, but whose crown was tore down and tram. pled in the mire, and .reduced to supmit to the contumely of an ingenious boarding house keeper. Waen the witness spoke these words the tears came into his eyes, end he glared at nis -antago- nist, Who sat writing in a little book, with the purple blood mantiing into his brow and covering it with blotches. Mrs, Beecher, with a diaphanous smnile stealing over her features, and a sphinxlike look, gazed sarcastically at the plaintiff. Judge Fullerton twirled his eyeglasses in an impressive manner, while Mr. Evarts stood stiMy’erect, his lips compressed, hia thin, wrinkled cheeks and overhanging brow, marked with stern decision, growing paler and paler. A thin ray of light stole in the windows, and our reporter, upon looking up, found everybody in tears. He also burst inio tears. Mr. Evarts, reading :— 1 seized a tiger's tall, And stroxed its velvet paws, And fondled with its claws, But that tiger without cause Made me wail—waill!! Is that an exact transcript of your experience in any way? Mr, Tilton—I am not certain that I wrote those lines, but they sound very much like my style, Mr. Evarte—Will you tell the jury who is meant by the tiger in this verse? Mr. Tilton—I don’t remember. Mr. Evarts—You must bave meant somobody; was it Mr. Beecner? Mr. Tilton—Never; I mean to drive him from Brooklyn and from Plymouth church, Mr. Evarts—So it seems; but ald you mean Mrs. Beecher? Mr. Tilton said it may have been. Mr. Evarts—Perbaps it was your mother-in-law? Mr. Fallerton—Do not answer that question. If Your Honor please, we object to this line of exam- ination, We are anxious to come to aresult. We are all advancing in years. Great changes have taken place since this sult began. One by one all the partics have undergone religious experiences, We saw our friend Mouitoa locked up in an in- sane asylum ander @ hallucination that he was a negro minstrel and coming out perfectly restored, and now an honored pastor of acolored cnurch. We saw Mr. Wilkeson, when his “Life of Christ’ made an ascending venture, enter the Catholic Church as @ monk of the Benedictine Order, ana now a Bishop in the Oregon regions of the Pacific, We saw Brooklyn Joe Howard joi the Latter Day Saints, and now a saint in the Utan Tabernacle, We saw Mr. Carpenter, so much under the in- fuence of the parties%o the scandal that he threw aside brushes and palettes and became the suc- cessor of Frothingham in the Church of the Elec tive AMnities. He might say that most of the counsel had been only prevented by their duty irom ylelding to this temptation. Befcre this ex- ample became contagious @ line should be drawn, For this reason, therefore, he objected to this line of miscellaneous examination. . General Tracy admitted the changes that had taken place in twenty-llve years. They had seen Mr. Evarts enter upon the Presidency; but so much jascinated was he with the Case that upon retiring from that lofty station he resumed his place at its head, They had seen Judge Fullerton fulfil the duties of the Collector of the Port under Mr, Evarts with great zeal, but unable to regiat the impulse which drew him back to the case, They had seen Mr. Bowen and Mr. Tilton both enter the ministry, But as His Honor ) 4 HERALD, SUNDAY, FEBRUARY 14, 1875—QUADRUPLE SHEET. 80 eloquently remarked about eleven years ago thie was @ case that the more you went into it the less you knew and the more you wanted toknow, It had become one of the institutions of the country. Already a second generation of lawyers had come into it; and we, Your Honor, judge, jury, counsel, parties contest- ing ana all, we must feel that our time must soon come, But, thank God, the scandal will neverdte, I¢is too precious a possession to pass away, and 1 pray Your Honor not to allow the impatience of heedieas counsel to interfere with ita natural hfe, Juage Neilson decided that Mr. Tilton must an- swer the question. Mr. Tilton—I dia not refer to my mother-in-law, but to my attorneys, Mr. Evarte—Cuder your oath you say that your counsel are personified as the tiger. Mr, Tilton—I do, 1 am justified in saying that once take hold of a lawyer and a case, and there Will be no letting go. Judge Neilson intimated that this, perhaps, was wandering trom the subject. i Mr. Evarts did not know but that it was, and so woud proceed to another branch of the sulject, (Reading :)— Now Tam all bereft ik Pious whem, sine! too ka ads when, alas! ‘That nene are Wit. ig Now, Mr. Tilton, will you tell the jury whether this—an tllnstration—is a metaphor, or in any way @ transcript of some event or incident or circum: stance, or happening, or remembrance of your personal or domestic life ? Mr. Tilton said he could not remember. This verse he did not quite understand; but the value of true poetry is that you cannot always under- stand tt. Mr. Evarts said he was willing to leave It to the jury. He then calied the Judge’s attention to the hour for recess, ‘Mr. Fullerton asked for a day’s adjournment to goto Albany to argue an appeal irom the sen- tenes of Tweed, who on a new trial had been sen- tenced to 300 years’ imprisonment, tor a misde- meanor, on 800 counts of an indictment. Tne Court said it would coMider the matter. ‘The jury all tottered out and were helpea down stairs by policemem Then the counsel slowly moved along, agstated by their Junior counsel and officers. Then the plaintiff, with tears in his eyes, kiased Mr. Beecher, who kissed alton, who kissed Wukeson, who kissea Carpenter, and the venerable procession paced its Way step by step Seeoly out to lunch, In response to a question, Mr. Evarts sald he thought the case, if as well manbged as it had been, would last for about # hundred years, BESSIE TURNER, A Brooklyn evening paper published yesterday what purported to be a curious revelation, namely, that Bessie Turner, Mr. Tilton’s adopted ani discarded daughter, was in a penniless and friendless condition, and unable to gain her livell- hood. A HERALD reporter called upon assistant pastor Halliday, of Plymouth church, at his resi- dence im Hicks street, last night, to gain further information about the matter. The reporter stated to Mr. Halliday what his errand was, and the old gentleman appeared to be highly amused at peing interviewed on the subject, The first question asked was, “Is there any trath im the report about Bessie Turner being in want ?” “Why, thunder, no!” said Mr, Halliday with one of his most genial smiles. “I saw her two days ago walking with a young man whom J now sup- pose to have veen the one named in the papers of this eventng, and she looked happy and contented. Ii Bessie Turnér wants money to pay for advertis- ing for employment from now to Christmas she can have it, and she bas plenty of friends who will see that she does not want. I have no doubt but that it 18 irksome to her to be without work. She, like the rest of us, must Javor for her living. 1 have to work, and my daughters work, and so should everypoay. You see, the papers have a large space to fill up when there is a halt in the trial, and something has te be written up more or less sensational. 1 don’t think the article ougut to have been written, especially the passage Wherein it is stated that she had ap- pited for assistance to Mrs, Beecher. The fact is that lady does not know her, and the statement that she reiused Bessie relief is incorrect. If they want you to write something about this thing at the office you can just say ‘tnere ain’t beans in tt.’ Bessie irves close round here with @ New York merchant whose family intend going to the country on the lst of ay, and that’s all the risk she runs of being turned out of her home. So you see ‘the subject won't bear much coloring. I told Bessie tne other day that 1 would try and get her employment as a music teacher if I could, she having taugnt while at Steubenville Academy, out that it was very diMcult, as there was so much competition. She thinks it hard, and with reason, that she should lose her position in that academy to come on to Brookiyn to give evidence, but it cannot be helped.” THE POLICE DILEMMA. MR. HALL'S CHARGES SENT TO THE COMMIS- SIONERS FOR EXAMINATION AND REPORT. The members of the Board of Police look upon themselves as entirely free from all blame in the matter of the charges preferred against them by Mr. Hall. From their point of view, the law makes it incumbent on them to enact rules in accoraance with the statutes and see tnat che members of the Jorce carry out those ruies. So far as tne confine. ment of the men arrested 1s concerned, they had nothing to do with it; all such business, they say, being left in the hands of the Superintendent. It was understood yesterday that the Mayor had sent the papers referred to him oy Mr. Hall and containing the charges against the Superintenaent and Commissioners, to the Board for ex- amination and report, As the Board holds the Superintendent is amenable to them; they have already commenced an inquiry into the de- tails of tne ci Mr. Walling’s defence will be that the necessities of the case demanded the greatest secrecy and care, because if the arresis of the parties became public those who had re- ceived the stolen property would be emabied to move away with it. When prisoners are taken before magistrates by members of the police force the dally prints notice them, and conceal- ment is no longer possible. In the case of Drew, who was discharged because no proof could be obtained against him, it is said the Superintend- ent will be able to show that the detention of him with the others was justifiable to secure the enas of justice. Drew, according to the testimony being gathered by Superintendent Walling, was im the company of Haurey and Sweeny, AFTER THE ROBBERY up to the time of the arrests and had shared in the disposition they mauve of the money. He is known to the police, as they state, as ‘‘a bauk robber,” and has been convicted oi crime and term in prison. His conduct and associa- ince bis Liberation from prison, and for some time belore the express robbery, were such 0 lead the police to suspect he was one of tue lead- ing parties in the crime, and so he was arrested with the others. He knew these two men beiore the crime was committed, kept close with them ser, saw the increased condition of their flnan- ces aud must have known a tneit had caused tne great difference. For all these reasons Superin- tendent Walling will plead he was justified tu lock- 1pg up this man, and that he was detained because some time was necessary TO HUNT UP EVIDENCE. The rule of the department under which the of- fence Superintendent Walling ts charged with comes, inflicts @ foe of ten days’ pay or dismissal from the { on the officer adjudged guilty; but it is more likely in this case the Board will 0 exonerate the Su, ntendent and plead justifica- tion to the Mayor. Mr. Wailing stoutly denies that he used Ly! violent language to the ladies wno called on him requesting to see the prisoners, or any words that could at all be construed as ol- fensive. These two ladies visited him on Saturday morning, and as he was then engaged im searching for tue stolen property he did not deem it advisa- ble to give them permission to enter the ceils. Ex % to hear news each moment that tne de- tectives nad discovered the property he desired the iadies to return in the course of the afternoon and be would then in ail probability do something in the matter—perhaps let them see tue prisoners, Superintendent Wailing said:—“l¢ is a very dangerous thing to allow prisoners in the situa- tion these men were to have interviews with friends and acquaintances, ior the reason that they could with, very little dificuity convey in- structions with fegard to vue secretion or removal of property that would entirely put it out of the reach Of the police without any officer who may be present being able to detect that anytuing unusual was bent The ladies calied again on Superintendent Walling on Saturday evening, when he declined to let tuem see the prisoners jor the reason tue case Was no further advanced. He conveyed this to them firmly but politery, and if it offended any pe ie course, he was sorry, but he could not glp tt. one of the Commissioners knew anything about the arresia until Sunday, and as the men were sent to Court on Monday morning they consider themselves free from censure, NOBODY TO BLAME. In the miast of all the sbiitiog of responsibility and the endeavoring to help eacn other out of the dilemma, both Mr. Walling and tne Commt: aor Jorgotien Rule No, 42, which rea ows :— The Superintendent shall re atl Pollee wheiner any person oF pecans have ad by ,the po ioe force wader his command | ¢ preeeding twenty-four hours; and ir there have been, the reasons thersise, The men now charged with the robbery of the express Company were arrested by the @etectives on Thursday; they were transferred to the tral Office on Friday, and the Supermtendent the Commissioners only heard about the mate! on Sunday. General Duryea received bis iniorma- tion from the daily papers, and it is presumed tie same was the case wiih Commissioner Disbecker. When the Commissioners discovered the Superin- tendent had taiied to carry out the ra‘es of the Oepartmenut and his duty in this respect, it ve- came thelr province to cali him to account. In not doing this they become liable to censure, THE TRANSIT! OF VENUS. SUCCESSFUL OBSEBVATION—GRAPHIC DESORIP- \TION BY DR. OG. H. ¥. PETERS. {From the Utica Herald, Feb, 12.) Queunstown, O70, N. Z., Dec. 11, 1874, Hon. 0, 8. WILLIAMS:— My Deak Sin—The monthly mufl leaves to-night for San Francisco, and I cannot let it go without writing to you a/ew words announcing our almost complete success in observing the transit of Venus the day before yesterday, It is @ relief after al- most @ year’s anxiety, and I cannot yet gutte fully realize our good fortune, At three minutes Past one o'clock, according to computation, first contact had@ to occur, In the morn: ing telegrams dropped in {from all parte of the island (the telegraph wires and full apparatus, by disposition of the New Zealand government, being led into our transit house), “rain” here, “clouds” there, clouds all over ‘New Zealand, clouas also at Queenstown, jor Palmer, chief of the English party, had esiablished himself at Burnham, some miles from Christburgh, with five branch stations. Lieuten- t Crawiord, of the southernmost branch station, eleven o’olock telegraphed :—*“Ail overcast, What hope have you?” I answered :—‘Uvercast also here, but [ Go not despair yet. Clouds are thin.” But the clouds remained, nevertheless, nd other telegrams came—‘‘Raining at Dunedin,” ‘Raining at Biud Harbor,” &c. In the meantime we examined our instruments & last time, saw that the clockworks of heliostat for photographic lens, and of equatorial, ran well; the photographers put their glass plates (num- bered from 1 to 200) in their right order, looked after the water supply (we had a little aqueauct ‘built, so as to bave a running stream from a spring 600 feet distant pouring in over the sink in the hotographers’ building), tried the baths, &c, ‘ne curonometers were distributed, and l arranged my aeat, table, steps, sun curtain, &c., in the equatorial house. The time drew noarer and nearer, but stil the clouds were hiding the sun, I must coniess { got a little nervous, | shut myself with the equatorial two minutes yet onotil bezin- ning—and the sun suddenly has gained the vic- tory! It shines out brightly, and remains so for nearly two hours. By order, everybody does his duty silently, from the policeman on watch out- side the gate of the enclosure to the rather talka- tive young assistant photographers. So silent is all that in my house, uxt leet off, 1 can distinctly hear toe springing of the phoiographic slide— coavincing me of one picture more. 'of the photographers’ house we had arranyed & ‘speaking trumpet; ever; i—“Up, down, east, west! ¢ on watch at the mirror. That throws the light through the lens of tne pho- tographer’s telescope, whioh has a length of forty fees, ‘Ine clockwork driving that mirror some- times needed a little correction—therefore those calls, 1m my enclosure 1 continue to measure dis- tances of Venus’ and sun’s limb. Then, after the Planet had far advanced upon the disk, took ad- Vantage 1 the occasion jor measuring with the double-image micrometer the apparent diameter of Venus, tuus determining (for the first time, as 1 believe, since the creation of the world) the rea) size of Venus with the accuracy of about tne three-hundredth part of its value. Atabout three o'clock naugnty clouds began to interrupt our business, We came out ot our recesses, congratu- lated each other and had some minutes rest. As the sun louks through between the clouds another system was vow organized. Instead of at reguiar intervals, now & photograph was taken whenever the sun was shining through a gap, and I may well Buy, Our arrangements Were so complete, our machinery working so well, that the sun could not send @ ray through @ narrow gap during a jew seconds without being immediately caught and pictured. Thus we succeeded, as | find by a thorongh examination yesterday afternoon, in getting In ail 239 pictures, The last one ot'these was taken only sixteen minutes before egress. Then a heavy cloud put itseli obstinately in the way, and did not recede till exactly thirty-three seconds aiter the last contact, according to the computed time, Veuus was seen no more, called together the a:sistants to give three hearty cheers and to dip three times our glorious flag. At about @ quarter 01 81x o'clock 1t Was all enaed. At ha'l-past seven we had appointed with the other stations upon the island for a telegraphic chat. Cougratulations dropped in over the wires from all sides, but our jey was marred by the reports from our colleagues at the other stations. We alone in New Zealand were favored vy the heavens. It seems that gt Auckland the first contacts were also observed, but that Major Palmer (who, besides ourselves, alone nad pnotographic apparatus, as faras I know) did not succeed 1s very much to be regretted. ‘thus, my dear sir, 1 have given you a full exposition of our proceedings on ‘the ever- memorable day of the 9th of December. I am glad that our efforts bave not been in vain, and [ am sure that you and all iriends at Clinton and Hamilton College will rejoice with me, 1 must close now, but sali write to Clinton again from Melbourne, where | shall go about the end Of this or tue beginning of next month. Fare- weil, then, with my best regards. Yours, very truly, 0. H. F, PETERS. RETURN OF PROFESSOR HALL. . WASHINGTON, Feb, 12, 1875, Professor Asaph Hall, chief of the observing party of the transit of Venus at Viadivostock, Siberia, arrived here and reported his return to the President of the commission, Admiral Davis, this morning. Professor Hall left Yokohama on the oth of January, in advance of the regular mail steamer, reaching San Francisco after a passage of twenty-one days. He leit in Japan hig assistants, Messrs. Rockwell, Ranger, Qlurk and Gardner, two of whom aro probably by this time under appointments to instruct the Japanese. Mr. Gardner was to leave Japan January 29. In this conneotion tt ts of in- terést to note that the Japanese government showed their own practical interest in the astro. nomical phenomenon vy detailing one of their own ofiicers to be present at the observations of the transit at Nagasaki, They have also pubdiicly avowed thelr intention of erecting 4 national ob- Servatory, and haye siready instituted @ bydro- graphical office, at the head of which is Mr. Yan- agi, tor both of which enterprises they are looking to the Umited States for astronomical and hydro- rapbic assistance. The publications of the Wash- aren coment tres have been lorwarded to Mr. anag! Proiessor Hall reports that he secured thirteen Well and distinculy executed negatives of Venus while tne planet was 10 position, having very favorable observation of tne first and the second contact. In deternnning the longitude of his posi- tiom at Viadivostock he had exchanged several handred signals with Professor Davidson at Naga- saki. The readers of the HERALD must observe the coincidence of these points with the caple de- spatch which the HERALD printed on the loth of ecember, Protessor Hall met at Yorohama M. Janssen, the ohiel of the French Ei MeN aa who had succeeded in securing @ jew good daguerreotypes; for tt will be remembered that the French pre- lerred daguerreotypes to photographs Jor their ob- servations, ‘the French personnel and equipments were of the higuest order, and the party were in bigh spirits. A Mexican party were observers o1 the transit in Yokohama, Of tis party Sefor Dun Diaz Covarubias, of vne Mexican Board of Pavlic Works, hiei, and Don Manuel Fernandez, late chief of the Tehuantepec survey Oi 1871, was chief assistant, Their success, however, does not ap- Pear tu have been large. We rejol the success of every party from which we hear, for as it turns out that at different Poste, as Was to be expected, uniavoravie weather Impaired some observations, the success of one Party supplements the deficiencies of another. We rejoice most, very naturally, in the greater success of the Americans. PIGEON “SHOOTING AT MONACO. The pigeon shooting terminated at Monaco on Thursday, the 28th of January, when the principal event decided was the “Prix de Consolation,” tor Woich 42 competitors contended, The first prize was won by Count de Lambertye, who killed all his 14 birds; the second by tue Marquis Raymondi, with 18; the third by Mr, Arundel Yeo, with 12, and the fourth by Mr, Maskens, with Ll. A fowling piece given by the og tell gunosmitn Grant was carried off by Captain Shelley, and a sweepstakes Tell to Captain | ane. MASU ENTERTAINMENT, The Masonic fraternity will give agrana dra- Matic entertainment at the Academy of Music, Thursday evening next, the 18th inst., In ald of the fund for the dedication of the New Temple, Some of the prominent members of the Order will Appear Upon the stage, assisted by many members Ot bhe dramatic profession, and the prouramwe promises an ainpic Jund of enjoy mean RAPID TRANSIT. The Constitutional Amendments Do Not Forbid a City Railroad. Opinions of Members of the Con- stitutional Commission. THE EXCISE MONZYS AND CUARITIES. Views of Erastus Brooks, John J. Townsend, G. C, Burdett, B. W. Poster and Lorenzo Morris. Tn response to the following circular the com- munications given below, expressive of the opin- fons of members of the Constitutional Commis sion as to the effect of the recent amenaments, have been forwarded for Publication in the Her ALD:— HERALD OFFroR, Feb. 1, 1875, Srr—May I peg a reply trum you as a member of the late Constitutional Commiasion to the ioilow- tng inquiries :— Firsi—is there, in your opinion, anything in the 5 se, ess mterests of your city, I have no doubs thas stock might be issued as you indicate, if you can avoid coming in contact with section 18 of article 3, which says :—‘‘The Legisiature shall not pass @ private or iocal bill, granting to any corporationg aesoctation or individual the right to lay down ratiroad tracks.” I need not indicate to your Solons how this may be cone. “ in regard to excise licenses being appropriated to charitable institutions for the aid and support Of the city’s poor, the ‘moneys arising therefrom, in my judgment, should be devoted entirely towara the poor fund of the city, as-1t ia here in Troy. GEORGE C. BURDETT, Troy, N. Y., February 12, 18:5. VIEWS OF MR. E. W. FOSTER. To THe EDITOR OF THE HERALD:— Yours of the Ist is received; Iam nota lawyer and there/ore would not aitempt to give an opin- jon 10 answer to the questions proposed by you, excepting as 1 think jt expresses thc sense of the commission, and as my own individual belief. First—I think the amendments were designed to prevent the use of any monéy raised by taxae tion jor railroad purposes; if they fai! to do soit will be because the courts may give them a con- struction or interpretation not conicmplated by the originators, Second—The amendments do not prevent the uge of any public money for charitable purposes in public institutions, but in all private or other institutiona under the control of any religious or other organizations I believe the amendments constitutional amendments recently adopted to | were designed to be an absolute bar. prohibit such legislation as would enable the city of New York to construct @ rapid transit railroad @8 a public work, and to issue its stock for that vurpose, in a manner similar to that followed in the constraction af the Central Park, the buuding of docks, the supply of Croton water, &c.? Second—Do the amendments in question prevent PortspaM, Feb. 9, 1875. E. W. FOSTER. OPINION OF MR. LORENZO MORRIS. | TO THE Eprror OF THE HERALD:— To the interrogatories of your circular of Pebru- the appropriation of the moneys recetved in New | ary 1, I answer, to the first, as a public highway York through the sale of excise ilceuses to charit- able institutions, for the aid and support of the city’s poor, in accordauce with the provisions of existing State laws? for the benefit of the ctty—“No.”? To the second, if the money be applied exe'n- sively to the support or in aid of the city poor, § JAMES GORDON BENNETT. | aiso answer—"No”, OPINION OF MR ERASTUS BROOKS. THE CITY CAN CONSTRUCT A RAPID TRANSIT ROAD AND APPROPRIATE THE EXCISE MONEYS TO THE SUSTENANCE OF THE POOR. New York, Feb. 10, 1875, To THE EDITOR OF THE HERALD:— =~ In reply to your inquiry, addressed to me by letter, as @ member of the late Constitutional Com- Mission, in my opinion there ia nothing in the amended constitution to prohibit the city of New York, under authority of law, ‘to construct a Tapid transit ratiroad, as s public work, and 10 issue tte stock for that purposes.” such a road would for its purpose be as much a pub- Mo work ‘‘as the Central Park, the building of docks, supply of Croton water,” £0. The wisdom or expediency of having the city engage in such a werk is quite a different question, and one in regard to which any Intelligent citizen is capable of giving as correct an opinion as myself. The prohibition imposed by the constitution 18 that “neither the credit nor the money of the State shall be given or loaned to or in aid of any association, corporation or private undertaking.” What the city does, therefore, it must doin and Of itself, and for itself, asin the Central Park, for public docks.or Croton water, all eminently bene- ficial to each and every citizen, but in no public sense are they am “associate, corporate or private undertaking.” Ta reply to your inquiry whether the amend- ments “prevent the appropriation of moneys re- ceived in New York through the sale of excise licenses to charitable institutions, for the aid and support of the city’s poor, under existing state laws,’ my answer 1s, that the constitution does not repeal or change any existing law where “counties, cities, towns and villages are autnor- ized by law to make provision for the aid and sup- port of their poor.” The amendment (article 8, section 11) expressly declares this. Such, also, was the intent of the mover of the amendment, such the declarations im the general discussion upon it, such the understanding of the commission and such the very woras of the ‘con- stitation itself, The object of the amendment was to prevent the old-time State aid for local pur- poses, which became a great abuse, in appropria- tions for railroads, corporations, associations and Private undertakings. Two things, however, ave Tequisitve to insure @ just interpretation of the article in question, The money or ald given must, in good faith, be to support “the poor,” aud must be “authorized by law.” RB By no just construction, with these limitations, can it be said that the constitution repeals existe ing provisions oi law, or tnat the laws referred to are inconsistent with the constitution. The words ‘may be authorized by law,” in the constitution, have no more force than ‘aré authorized by law.” And if this 13 not the true construction, then there is now no law in existence tor providing for any of the paor, and the absurdity is presented of a constitution that repeals all eXisting statutes relating to. the poor everywhere in the State. “Hereafter,” or “thereaiter,” are words which, if the framers of the constitution had meant to | adopt, they would have iuserted im their proper | place, The sole question tobe considered by whe proper authorities is, “Who are the poor?’ are they | only the general poor under the control of the Board of Charities and Correction? Or are they also the poor who would have to be supported wholly in pabitc inst{tutions if not partially aided or supported elsewhere? The mode of support is not for our discussion essential, but the fact of Poverty is, and this is to be ascertained, as ‘“‘au- thorized by law,” and “aid or support’ then pro- vided for, when neither age nor sex in persons, | nor measures nor condition of neal poverty can be debarred from relief. ‘This is certainly what the framers of the consti-) tution meant, and, in my judgment, it ts the only fair or legitimate interpretation of the instrument itself. Very respectiully yours, « ERASTUS BROOKS. VIEWS OF MR. JOHN J. TOWNSEND. A RAPID TRANSIT ROAD MAY BE CONSTRUCTED BY THE CITY—THE EXCISE LICENSE MONEYS CAN- NOT BE APPROPRIATED FOR THE POOR OF THE | orry. To THE EDITOR OF THE RERALD:— I nave no hesitation in answering the first in- quiry in the negative, with the qualification that if the plan of the public work shall involve the construction of ® street raliroad, the conditions prescribed by the last clause of the eighteenth sec- tion of the third article are applicable, 1 answer the second inquiry in the affirmative. Although tire eleventn section of the eignth article provides that nothing therein contained shall prevent the county, city, town or village from making such provision for the aid or sup- Port of its poor as may Be authorized by law, you will perceive, on reterring to the first section of chapter 642 of tne session, Laws of 1874, that the autnority for the appropriation of Excise moneys in New York is in the following lan- guage:—“And, provided farther, that all Excise moneys hereafter derived from licenses for the ie of intoxicating liquors by said Commission. ers, except as above provided, shall, from time to time, and in sums accgrding to their discretion, be appropriated by the Board of Apportionment and Estimate of said city by resolution of the said Board to whatever benevolent, charitable or humane institutions may seem to such Board de- serving or proper.” Ihave no doubt that the limitation expressed in the constitution is inconsistent with and for- | bids the exercise of the broad discretion conferred by the statute, JOHN J. TOWNSEND. No, 76 WALL STREET, Feb. 5, 1875, OPINION OF MR. GEORGE ©, BUR- DETT. SECTION EIGHTEEN OF ARTICLE THREE INTER- FERES WITH APPROPRIATIONS FOR RAPID TRANSIT—THE EXCISE MONEYS MAY BE DE- VOTED TO THE POOR, To THs EpiToR or THE HERALD :— In response to your inquiries asking my opinion | of certain constitutional amendments adopted by the commission, of which I was # member, permit me to say that, while it would please me to see | some measure successfully carried out by which }- Most capacity. LORENZO MORRIS. FREDONIA, N. Y., Feb. 5, 1875. THE CITY’S WANT. DIVERSE VIEWS AMONG FRIENDS AND PRO- MOTERS OF THE IMPROVEMENTS—LEGISLATIVE OBSTACLES. As the HERALD reporter called yesterday here and there upon gentlemen wno have taken an in- terest in the subject of rapid transit, ne encoun- tered many variations in feeling as to the proba-~ bility of a railway for, speedy trains being con- structed, There were decided opinions, Some were in favor of the city building and operating auch a railroad; others desired a general railroad” law, under which capitalists could construct and control it; yet, after all, the enthusiasm inspired by these subjects was expended, and there was generally a glum remark uttered to the effect thad the Legislature will not pass @ bill that will give the slightest opportunity for the accomplishment of rapid transit. The most decided in nis ut- terance to this effect was Mr. 8 E. Church, When tne writer called upon him Mr. Church explained the “Act to confer upon the cities of this State power to provide and con- struct railways for rapid transit,’ which he has. drafted, and copies of which he has presented to tue Aldermanic and Assembly committees, and sald that the bill has been approvea by the North: Side Association and will be indorsed by the other large organizations of uptown real estate owners.’ Continuing, Mr. Church said that the bill satisdes the Aldermanic Committee on Rapid Tranalt, an@ that body will report in favor of it this week. “But,” said he, ‘16 does not satisfy the Assembly committee, and that body will report against the construction of a rapid transit road by! the city. We must play against loadea dice im Albany. The railroad cémpanies of this city rum tne Legtsiature, and 1do not think that rapid transit will b aided by that body. My experience’ of two years in Albany taught me how work is done by the railroad committees. The present Senate committee will crush every project thaw looks toward a confict with the interests of ex- isting railway companies. Selkreg, the chairman of the committee, is a railroad man; Wagner. owns palace cars and runs them on Vanderbilt's roads; Baker is connected with the Rensselaer and Seratoga Rauroad. Nor is there a better chance for. rapid transit in the Assemoly. The committes from that body that came to this city may not want to learn the merits of the rapid transit ques- tion. How could its members inform themselves: properly at one session? Evidence of care for the: interests of the present railroads may be-iound in! the committee itself, Mr. Seward, one of the members, although a very gentlemanly and hon- orable man, is the representative of Mr. Thurlow. Weed. By the latter he berg 4 latroduced into poi- itics, and he must uphold his patron’s interests, 1t 1s not strange, then, that, as 1am intormed by Mr. Purroy, the Assembly select committee in- tend to report against authorizing the city to build a rapid transit railway. Private capital Will not build the railway, and so rapid transis will languish.” i “Have you any idea, Mr. Charch, of how large an imterest Mr. Weed has in tle City railroads Y? “| have heard,” was the answer, “that stock has been given to Mr. Weed by every railway com- any in this city. Yeurs ago the Third, Sixih and dighth avenue companies, J have heard, gave him stock for his influeuce in the Legislature, and now the Third and Kiguti avenue companies elect bim a divector to keep his interest in their afairs lively.?” “Have you any particular scheme for a rapid transit railway, Mr. Church }? “4 have not. Idid atone time wish to have an arcade or depressed way tor tour tracks con- structed, and I tad a bill introduced into the Legislature, deciaring thatthe city might oulld a Tapid transit railway ata costofnot more than $20,000,000, It Was estimated that an arcade raii- way Would cost $20,000,000, and 1 expected that uf the bill was passed such & raiiroad would be con- structed. Mr, Ohanute, o! the Society of Orvil Ko« gineers, has iuiormed me that an eievated rail- Way can be putit sor $300,000 per mile, and be made to yield fe of twelve percent per an- num. | amin favor of that railway which can ve built cheaply aud well.” “why do you say, Mr. Church, that a rapid tran- mt railway Cannot be built by private capivaltets 7"? “I argue {rom experience. Even now there is: on which demonstrates what I say to e-Greenwich Street Kievated Ratlroad Company ia strengthening its structure, and de- fires to extend it to Seventy-second sireet. To do this, and make other improvements that will render the road safe from accidents, money is required. Subscription to the necessary tund are now being solicited, the mouey subscribeu to ve secured by first mort+ gage se per vent convertible bouds; and, though the company promises to commence extension of its road witniu thirty days after $100,000 nas been subscribed that sum ia being ledged very slowly. Now, if capitalists won't feip ‘on 8 acheme that ts already in practical ope ration they certainly wou’t undertake ano entirely new projeet,’” TEMPERANCE CONVENTION AT NEW. BURG. On Monday, February 22, the fourth annual Convention of the Metropolitan Catholic fem- perance Union will be held at Newburg, N.Y. Ag business of vital interest to the temperance cause is to be transacted at this Convention, in- vitations have been sent to the President and other officers of the Temperance Union of America, officers of the different State unions throughout the country and to all the Catholic clergymen in the joceses of New York, Brooklyn, Albany, Rocuester and jens- burg. All temperance societies in the State not connected with the union are requested to send delegates. The night previous to the Convention a grand demonstration wit take place at Newburg, and in order to take part init the central olficers of the union, to- gether with the New York city delegates, will leave the Grand Central depot next Sunday morning a& eight o'clock. ° NEW JERSEY MANUFACTURES. \ The Paterson silk mills are running to their uw ‘rhe Grant Locomotive Works are virtually suspended, and it 1s probable that they, will gointo bankruptcy within week; their Ilabile ities are about $800,000, The Rogers Locomotive Works have avout 200 men at work and the Dan~ forth Works are quite busy. The Ivanhoe Papor Mill is busy. Barbour’s Flax Mill ts again bootand, full time in suppiying linen thread jor the boot an shoe trade. But littie is doing the Paterson’ Iron Works, and the Watson Bridge Works ure the duliest that they have been fora longtime, The TT Milis at Paterson are very busy. ing alon, calico print works are driv their utmost capacity, The ry similarly rashed, and in fact all the factories Passaic are busy and On full time, as they have bee! more rani transit might be mained far the busl- all along, with the exception of the works of Now York Steam Engine '.