The New York Herald Newspaper, February 11, 1876, Page 5

—_—_—_— SPAIN, NEW YORK HERALD, THE HARVEST QUEEN. ‘& CONFIDENTIAL MEMORANDUM FROM THE | THE ENGLISH BOARD OF TRADE REFORT ON MADEID CABINET ON THE CONDITION OF CUBA—THE qavers OF THE INSURRECTION AND A PROBABLE CURE, Maprio, Feb, 10, 1876. ‘The goverument has sent to its diplomatic represea- fatives abroad an exhaustive confidential memorandum upon the condition of Cuba. The circular describes the ~catises of the {usurrection, the character of its leaders and the reforms which will bo introduced when it is terminated. The purpose of these reforms will be to assimilate the government of the colonies to that of ‘Bpain by establishing commerciat liberties and repre- ‘Seutations of the colonies in the Cortes, AMERICAN REPORT OF THE SITUATION WHICH PREVAILS IN CUBA, Wasmtnaton, Feb. 10, 1876. Private advices from Havana up to December 15 State that the recefpts of the Treasury are not equal to the devands made upon it, In consequence of this the ‘Aroops in the field had not received their pay for Octo- Der. The troops in garrison and the civil service were only partially paid to July and the contractors for ‘military supplies had received nothing and had repre- Sented to Conde de Yalmaseda that they should cease ‘to furnish provisions unless they were soon paid, It is also represented that crowded hospitals were stated to be in penury and almost abandonment, and that this condition of the Treasury was such by reason of want of method and order, and ot dishonesty of the pubtie Bervice, and tnatextreme discouragement prevailed at Havana. BURRIEL’S REASONS FOR VISITING MADRID, Maperp, Feb, 10, 1876, ‘The Cronista asserts that General Burriel has come to Madrid on account of his health, not in connection with the Virginius affair. FRANCE, THE PARIS POLICE PREFECT A POLITICAL GRIEF TO MACMAHON—A CELEBRATED CITY IM- PROVER A CANDIDATE FOR THE ASSEMBLY. Panis, Feb. 10, 1876. An official deeree is published this morning appoint- ing M, Voisin Prefect of Police, and placing the depart- ‘ment under tho control of the Ministry of the Inte- rior, as before 187% M. Voisin is a reactionary Deputy. Yesterday's Moniteur, reporting the ramor of his appointment, said it would ‘profoundly grieve the friends of President MacMahon and the constitution.” PARIS CANDIDACY OF AN IMPERIALIST STREET IMPROVER, Baron Haugsmann has issued an address to the electors of the First Arrondissement of Paris, He says, in offering himself as a candidate for the Chamber, he has solely in view the interest of the city of Paris, He expresses “regret for the régime to which France and Paris owed so much prosperity,” but he will not be hostilo to the present constitution, which, he thinks, should be applied in perfect good faith. ‘MM. BUFFET'S POLICY DENOUNCED BY THE PRESS. The Moniteur, in an article on M. Renault's resigna- tion, declares the policy of M. Buffet exclusive, danger- ous and calculated henceforth to lead the government to support only Bonapartist candidates, FINANCIAL TRIUMPH OF THE FRENCH SYNDI- CATE BY ADVANCES TO EGYPT. 4 Lospox, Feb. 10, 1876, ‘The Times this morning, in its financial article, says the Cairo despatch of yesterday announcing that the Anglo-Egyptian Bank has advanced large sums of money to Egypt portends the triumph of the French syndicate, the bank in question being practically a French institution. GERMANY. THE PENAL CODE AMENDMENT BILL PASSED BY THE PRUSSIAN PARLIAMENT—BISMARCK’S THANKS. Brruiy, Feb. 10, 1876. The Reichstag has passed the bil! amending the penal core, including the so-called pulpit clause, which forbids the reading of objectionable communications ‘within a church or the posting of the same on ‘the doors. TaAE SESSION CLOSED. Prince Bismarck, in the name of the Federal Council, thanked the House for thqr labors and read an im- perial message closing tho session. ENGLAND. _—_—_—— PROCEEDINGS IN PARLIAMENT—HONDU RAS REPRUSENTATION AT COURT—MARINE IN- SURANCE. i LoxpoS, Feb, 10—Evening. The Speaker of the House of Commons took his seat at four o’clock. Replying to a question of Sir John Lubbock, the member for Maidstone, in regard to the Honduras Minister, Mr. Bourke, the Under Secretary for the Foreign Department, said that no official steps had been taken by the government to induce the resigna- tion of Seiior Gutierrez, the representative at the Court of St. James from the Republic of Honduras, He resigned in consequence of an unofficial commu- nication. * MARINE INSURANCE. Sir Stafford Northcote, the Chancellor of the Ex- ehequer, introduced the Marine Insurance bill. THE MARINE INSURANCE AND MERCHANT SHIP- PING BILLS DEBATED. Loxvow, Feb. 10—Night. fhe Marine Insurance bill introduced in the House of Commons to-day provides that every contract for the conveyance of persons or goods shall contain an tm- pled warranty that the ship is seaworthy. The effect of this will be to place passengers on the same footing a8 cargo in regard to the liabilities of shipowners for their safety. Tne tall further provides that shipowners shall not be able to relieve themselves by contract of this liability ; and lastly, whon insurance appears to be unreasonably above the real value of the gouds, proceedings may he stopped until their value is ascertained by referees ap- pointed for the purpose. Mr. Norwood, member for Hull and a shipowner, de- clared he would oppose the measure. Mr. EK. J. Reed, member for Pembroke, Chief Constructor of the navy, and Sir John Lubbock, member for Maidstono, spoke in approval of the bill. THE MERCHANT SHIPPING BILL, Sir Charles Adderley, President of the-Board of Trade, to-day introduced the Merchant Shipping bill. He said the temporary act of last year worked so satis. factorily that he proposed to make all its provisions per- manent in the new bill, Then an additional clause pro- viding for the establishment of a court of survey to which any shipowner charged with despatching an over- loaded ship will be enabled to immediately appeal, or he may have a survey made for himself, with the assist- ance of an assessor appointed by the local Marine Board. | The bili proposes to authorize local ofllcers to detain ships suspected to be unseaworthy until they can com. municate with the Board of Trade. A superior class of officers are to be appointed tocon- duct investigations of shipwrecks. ‘TAR PLIEND OF THE SAILORS NOT EXACTLY SATISFIED, Mr. Plimsoll refrained from expressing a definite Opinion, but said bis present impression was that the | Dill fell lamentably short of securing a satisfactory settlement of the question. VICTORIA'S COMING VISIT TO THE CONTINENT. it is announced that the Qacen will probably proceed — to the Continent on the 25th of March. TURKEY. AN ALLIED FORRIGN FLEET EXPECTED TO REN- DEZVOUS OFF RAGUSA. Loxpox, Feb. 10, 1876. ‘The Vienna Presse reports that the consuls of the guarantecing Powers, at Ragusa, have received intima- tion that British, German, French and Italian squad- rons will afrive at that port in a few days, and that the Austrian fleet will also proceed thither, THE SULTAN PREPARING TO GIVE EFFECT TO TRE ANDRASSY REFORM PLAN. Loxpow, Feb. 11, 1875. A Vienna despatch to the Daily News states that the private socretary of the Sultan will go to Mostar to ap- poiwt the mixed commission, in accordance with An- drassy’s vronosaly formerly | THE LOSS OF THE AMERICAN SHIP—WHAT IS SAID OF THE COLLISION WITH THE ADRIATIC— THE PENALTIES, « Liverroor, Feb. 10, 1876. The Board of Trade inquiry into the loss cf the American ship Harvest Queen, Captain Jansen, off Waterford, Ireland, on the Sist of January, which has been proceeding for several days, came to ud yes- terday, THE DECISION, The Board finds that the White Star steamship Adriatic sunk ber, and that'the captain of the steamer should have reported the matter to the British Cousul on his arrival at New York, and left the bows of the Adriatic untouched until they had been inspected by the Consul, Saving this, the captain is acquitted of blame and his certificate restored to him, ‘The first and third officers are censured for withhold- ing the information, THR WHITE STAR STRAMBHIP COMPANY'S VERSION. The agents of the White Star line in New York have received the following cable despateh from Liver- pool: — “After nine days’ investigation judgment of the . Board of Trade tully acquits the Adriatic and returns Jennings his certificate. Tho Court considers Jennings and his officers acted perfectly right, both before and after the collision.” ENTRAL ASIA. RUSSIAN REPORT FROM THE SEAT OF REVOLU- TION IN KHOKAND. Se. Prreasnora, Feb. 10, 1976. The Invalide Russe states that the inhabitants of Khokand recently despatched envoys to Nasredin, the lately deposed Khan, asking him to return, Nasredin accepted the invitation and entered Kho- kand on the 2d inst, A RANK CORRUPTIONIST. IEUTENANT GOVERNOR DAVIS, OF MISSISSIPPT, TO BE IMPEACHED—A PARDON SOLD TO A MURDERER FOR SIX HUNDRED DOLLARS. Mxapuis, Tenn., Feb. 10, 1876, A special despatch from Jackson, Miss., says the committee appointed to investigate the case of Lieu- tenaut Governor Davis reported to-day that he is guilty of high crimes and misdemeanors, and for speci- fication charge that Davis in June, 1875, accepted a bribe of $600 for the pardon of Thomas A. Banontino, charged with the murder of Ann Thomas in Lowndes county. The committee offered a resolution that Davis be impeached for high crimes and misdemeanors, which was made the special order for Monday. ; THE YOST MURDER. Jounstown, Feb. 10, 1876. The trial of Charles Frederick Smith for the murder of Kdward Yost on the morning of March 6, 1875, was commenced here yesterday at one P, M., Judge James, of Ogdensburg, presiding. District Attorney Keck opened the case to the jury, detailing the cireum- stances of the entrance to the bank and the discovery of the body of Yost. Mr. Lyman Tre:naine appeared for tho prisoner. Several witnesses wore examined for the prosecution, and the Court adjourned until to- morrow. LOST AT SEA IN A FOG. . Boston, Feb, 10, 1876. The fishing schooner Restless, from Grand Banks to- day, reports the loss of two men, John Smith and John Davis, January 10, on the Banks. They left the vossel in a small boat, and got lost in a fog. THE MISSISSIPPI RAMPANT, Mumpars, Feb. 10, 1876. The river here is now within two inches of tho danger line, and the bottom lands opposite the city are Doginning to be flooded. EVENING WEATHER REPORT. Wan Devartwest, Orricr om Tur Cigy SigNat Orvicer, Wasainaton, Feb. 10—7:30 P. M. Probabilities. In the Sonth Atlantic and Gulf States, Tennessee and the Ohio Valley, falling barometer, southeast and southwest winds, warmer, partly cloudy or cloudy weather, and followed from the west gulf to the Ohio Valley by rising barometer, cold northerly winds and possibly occasional rains. In the Lower Miss@uri and Upper Mississippi Valleys and upper lake region, rising barometer, brisk and high north to west winds, decidedly colder, partly cloudy weather, suceeeding light rains, turning into snow in the northern portion. In the tower lake region, Middle States and New England, falling and low barometer, increasing south- erly to easterly winds, generally warmer, cloudy and rainy weather, partly turning into snow in the north- ern portions, and followed in the first two districts during the day and evening by rising barometer, falling temperature and brisk and high northwesterly winds, ‘The Mississippi River will continue slowly falling at Cairo, and noarly stationary at Memphis, Vicksburg and New Orleans, Sautionary signals continue at Grand Haven and Milwaukee, THE WEATHER YESTERDAY. The following record will show the changes in the temperature for the past twenty-four hours, in com- parison with the corresponding date of last year, as | indicated by the thermometer at Hudnat’s pharmacy, HeraLp imei 7 re 3AM. 2 4 3:30PM 21 6A. M 204 6PM 20 43 9A. M. 7 4 OPM. 19 40 2M mh 4 RPM 18 8T Average temperature yesterday... pen Average temperature for corresponding date last FORE ecce ons vente AMUSEMENTS, CHICKERING HALL. The New York Vocal Society gave their first concert of the season last night at Chickering Hall before a crowded house. The programme consisted of the fol- lowing selections :—“‘Orpheus,” part song, Macfarren; madrigal, ‘Cynthia,’ Croce, 1560; hymn to music, Lachner (male voices); trio, (female voices), “The Winter Hath Not Blossom,” Reinecke; part song, ‘Stars of the Summer Night,” H. Smart; solo and chorus (female voices), from ‘“Lorelei,’’ Mendelssohn ;” can- tata, “Spring's Message,” Gade: madrigal, ‘Fair, Sweet, Cruel,” Ford, 1636; quartet, “Break, Broak,? Macturren ; part song, “Lullaby of ‘Life,’ Henry ‘Leslie; trio, ‘*Memory,”? Jesiic; men chorus, “The Three Glaser Fischer; trio, “Rest Thee on This Mosey Pillow,” H. Sart; part song, “Sylvan Pleasures," Bs Sir Julius Benedict; madrigal,’ “Let Me, Careless,” Thomas Linley. ‘Tuero were about fifty vocalists present, under the direction of Mr. William Wolsieffer, and the singing was admirable. There 1s material in this society to add 4 very attractive element to the operatic stage. MUSICAL AND DRAMATIC NOTES, Mr. Daum gave a piano recital at Steinway Hall yos- terday afternoon. : ‘The Philharmonic Society give a matinée this after- noon at the Academy of Music. Mle. Pappenheim and Mine. Perl sit at the Stadt Theatre in “Il Trovatore."”” Mile, Titiens appears to-night in one of her very best réles, Leonora in “La Favorita,’’ being her last appear- ance in evening opera in this city. The performance of ‘‘Der Freischatz,” at the Teatro Wehrle, Irving place, announced to wke place on Saturday evening, bos been postponed for a week, owing to the extensive preparations for the opera not being yet completed, The Park Theatre will be opened on Wednesday even- ing of next week for the production of George Fawcett Rowe's new four-act comedy, which has been for some time in preparation. The title of the comedy is “Brass.” Mr. Rowe will play the leading character, and the compahy includes @ number of admirable ar- | tists engaged specially for this cast, among whom are Miss Rose Wood and Mr. Lewis Morrison, Mrs, Lucas Thompson had a successful concert last | night at Steinway Hall. She was assisted by the following | artists :—Levy, the cornet player, who seemed to be ot of princtpal features of the occasion ; 8. B. Mills and his brother, W. F. Mills, pianists; Misses Antonia Henne this evening and Jobanna Lebman, contraltos; Mr. Alfred Wilkio, tenor; Mr. Charles Werner, ‘collist; Mr. Ferdinand Carri, violinist, and Mr. Corry, organist. Mr, Colby officiated as accompanist. The concert was a very agreeable performance and reflected honor on the artiste who o@rticivated in 1K [me THE CORRUPT CONSPIRACY. THE LEGAL GLADIATORS IN ST, LOUIS WARMING TO THE STRUGGLE—REMITTANCES TO BAB- COCK AND AVERY—DESPERATE EFFORTS TO EXCLUDE EVIDENCE OF THE SUPERSCRIPTION OF TWO LETTERS. Sr. Louis, Feb. 10, 1876, The sonsation of to-day was Evorest’s testimony as to mailing two letters containing $500 each from Joyce to Avery and Babcock. Before Everest was allowed to state the directions on these letters there was a long and tedious argument on the part of the defence, who Protested that it would bea monstrous outrage upon Justice to allow Everest to state the addresses unless it could first be proven that Babcock received the let- ter mailed to him, and cited a hundred authorities to prove that the mailing of aletter gave not even ground for an intelligent conjecture, as Krum expressed it, that 1 had been received or even expected. This SUPBRFINE MAIRSPLITTING called a smile to the faces of many of the spectators and one or two of the jurors, while Dyer and Brod- head listeved to it with a broad grin, and even Judge Dillon, who is seriousness itself, once could not sup- press a certain twinkle in his eye and a taint suspicion , of asmile, First Krum worked himself into a fever in denouncing this dastardly fling at the sacred principles of Justice. Then Porter made an elaborate speech of three-quarters of an hour, and Storrs finished in an- other hour by giving the prosecution the coup de grace. Judge villon paid the extraordinary complimeyt to Judge Porter’s reputation of stopping, for the first time in the course of the trial, the rocking of his chair to listen to his furious speech, Porter seemed to be highly indignant at the moral turpitude of the prosceu- tion in asking Evorest to state the address of a letter which Babcock was not proven to have received, He fairly hissed forth every word. His uplifted right hand quivered with wrath, and every now and then came down upon the palm of his left with a loud clap, Por- tor’s clear enunciation forms a striking contrast to the nasal drawl in which most of the other counsel speak. THE WITNESS KVEREST. Everest, who plays so important a rdle in this case, is a rather heavy-built man, of medium height, with a sober, dark face, framed in a full beard and of a sancti- montous expression and with small cunning eyes. He looks just the kind of man who would say a prayer while stabbing you in the heart, His admission in his cross-examination that he actually saw Joyce only put one $500 bill into the envelope and not the other was considered by the defence as a great triumph of their cause, A GAUGER IN THE RING. The first witness put upon the stand to-day was William J. Bassett, a gauger in the King. Bassett testified as to the aperations which came under his ob- servation in 1874 and the winter of 1875, He acknowl- eaged that, acting under instructions from superior | officers, he connived at frauds while at Bevis & Frazer's rectifying house, and used to find on Saturday evenings an envelope im his overcoat pocket containing from $100 to $200. Two whiskey barrel heads with the gauger’s stamps upon them were produced in court, and the stub books from which the stamps were taken, On comparison it was found that in each ¢ase the stamp on the barrel registered the contents at 464 proot gallons, while the corresponding stub reported only five proof gallons to the collector for taxation. ‘The witness also explained what is known among the revenue officials as form 122, and told how the disposi- tio of illicit whiskey was covered at the rectifying houses. EVEREST'S DISCLOSURES, Mr. Basset was followed ou the stand by Abijah M. Everest, who testified that he became the collector for the “Ring’’ in August, 1874, and continued to act as such until the seizures in ne 1875; the collections during that time’ ran as toliows each week :—Ulric’s distillery, $1,000 to $2,700; Bingham’s, $500 to $1,500; Jonett’s, $500 to $1,100; ' Bevis & Frazor’s, $1,000 to $2,7.0, coming down to the spring of 1875, either late in February or early in March. Everest said Joyce once sent him to the Sub-Treasury with a package of $1,000 in small dills to get two $500 bills; he brought them back, and Joyce put them in an envelope and told Everest to t.ke them across the street and put them in the letter box. Witness said he did so. Ho was then asked if he had observed the directions on the letters, Before he could answer the defence interposed an ob- Jection, claiming that tho prosecution were now trying to show that Babcock’s name was on one of the let- ters, and that the evidence was not competent, A long argument ensued, QUINGLES OF THR DEFENCE. Judge Krum said this evidence is incompetent, be- cause itis presumptive and is intended to show that the envelopes, or one of the envelopes, wast addressed to the defendant. At this stago of the case it is in- tended to establish the conspira 7 between the parties at St. Louts and the defendant. It is the connecting link in the theory of Regt onondgpene Thus far the case is barron in evidence td show that the defendant had any connection with the conspiracy in St. Louis. The naked question is presented that the defendant did receive a letter containing money from tho conspirators, No such presumption can arise now. The evidence of the witnesses has, in fact, no relevancy to the questions, because there is no evidence to follow to show that the defendant ever received the envel- ope, even if it was deposited in the mail box. There is not a scintiila of evidence before Your Honor or the jury to show, thus far, that the defendant ever had any connection whatever with the “Ring” In St. Louis, and, therefore, there can be no presumptive evidence that he ever received the envelope, TH QUESTION OF RELEVANCY. Judge Porter—Will Your Honor allow me to state more 1 the grounds of objection? The rule of law is this, that where there is @ conspiracy that conspiracy can be proved by the confessions of the conspirators themselves, but the connection of another party to the conspiracy must be shown by extrinsic eviden The declarations, written or oral, of tho conspirators cannot bind’ a third party, They cannot prove their acts another man’s acts. No declaration of Joyce is evidence against Babcock. 1 learn from the opening remarks of the District Attorney “that he proposes to show by the witness that Joyce wrote the name of Gen- eral Babcock on this letter.”” If Joyce had said, ‘I in- tend to send this money to Babcock,’ that ovidenco would be inadmissible; but this evidence is only a written deciaration. Joyce is no agent of ours, he not ontitled to act for us, and wo act or declaration of his can bind us. They cannot give secondary evidence without proving the destruction of the primary evi- deaca The question is, Is this competent evidence? If they had found the letter in the possession of General Babcock the law would not charge him with a knowledge of its con- tenis yniess he acted upon it But this is not tho case; it is a letter we never saw, never heard of until wo heard these rumors here about it. When it is made an act of General Babcock it must be proved by some other act of his aptecedent to the time it was sent. Thé evidence is irrelevant on its face, There was only a naked inclosure; but is it clear that tho mailing of poliated money to Your Honor or to myself would make us members of the conspiracy? We sub- mit that tt would not, and we hold the testimony of the witness to be totally irrelevant. THE LETTRR AS PRESUMPTIVE PROOF. Colonel Brodhead, for the government, sald it was not a question as to testimony, but as to competency, and that is ail we claim for it. We claim that it is competent to show to the jury whether or not General Babcock was a member of the conspiracy. We don’t say that it is conclusive as to that point; we don’t say that this the evidence we have to submit on that point, but we must make a start and introduce part of the testimony here and part there to establish the charge. No proposition in the law of evidence is more thoroughly estadlished than that a jury or any other tribunal may infer from one fact the existence ot another fact. Suppose a murder has been com- mitted in an orchard and @ witness secs 9 man leave the orchard with a gun his shoulder about the time of the murder, and the gun had been discharged, that does not prove that the man committed the murder, it does not prove that he discharged the gua, yet the Court, in tho trial of the case, would tell the jury that they may infer the ex- istence of another fact from the one established. This case 18 ho exception to that rule. We'don’t claim con- clusi¥e proof of payment by the witness, but only pre- sumptive evidence. We act on Prosumption a great deul; hardly a case is tried in our courts that the jury is not compelled to consider some feetnmsntive fact. If the letter mentioned was received by General Bab- cock we claim that is more or less connecting him with this conspiracy. A. R, Storrs gave pretty much the same argumgat as Jadge Porter; and added:—There is no evidence thus far to show that money was ever placed in those envel- oj Might there not have been a dextcrous manipu- lation by which the witness was induced to believe the money Was put into the envelopes, but which, in fact, might have slipped into Joyce's pocket or elsewhere? ‘There ts utter absence of proof to show that the money was ever sent for a corrupt purpose. Men cannot be conjectured upon the gallows or guessed tnto the Peni- tentiary. The pivotal question 18, Doos the deposit of this envelopo in the mail box prove that it was ever received? THR CONTENTS OF THR ENVELOPES. Judge Dillon—I understood that the that the deposit of ert the mai to a person raises the presumption reached its destination. tion hold box addressed that the jeter Judge Storrs—That is what they claim, but we deny that there ts any. yok yas tion of such a result, Judge Dillon—In o1 to have this properly put to | the jury, 1 would ask the witness were there two on- velopes? Witness—Yos, sir. Judge Dillon—Were they prepaid ? Witness—Yes, sir. Judge Dillon—You say you don’t know whether they contained letters or not? Witnoss—I should say they did, bat as I saw only the paper and Lbs ey ioga I cannot state definitely re that e Mt age? Dillon-—-Did you drop the envelopes in the mail box? tness—I did. ion adjourned the court till theoe.P. jdge Dillon then ,, Pty a requested © send authorities to his reassembling the Court for the afternoon session Judge" Dulun saulUsa Gout a amared Wo disnoee of FRIDAY, FEBRUARY 11, 1876—WITH SUPPLEMENT. the question raised on the objection to receive certain evidence, ‘The Judge then recited the objections as made iu the argument of counsel for the defence, aud said:—*‘Upon 8 review of the authorities relating to the subject of the admissibility of letters by one person reased to another by name, at his known Post Prepaid and actually deposited in the Post Office, Concur, both of us, in the conclusion, adopting the —e of Chief Justice Bigelow, to wit:—‘This is lence tending to show that such letters reacbed their destination and were received by the persons to whom they were addressed.’ THK JURY TO JUDGE OV THE LETTER, ‘The Court then proceeded ;—Th not a conclusive Presumption, and it dees not cven create a legal pre- sumption that such letters were actually received. It is simply evidence, admissibly tending, if credited by the jury, to show the receipt of such letters, a fact in connection with other circumstances to be referred to the jury, under appropriate instructions, and its value will depend upon the circumstances of the particular case. It is objected also that the evidence, even if ad- missible as tending to prove the receipt of the money, should be rejected as immaterial or irrele’ a8 having no probative foree. If it was ad- | mitted here by counsel for the government that «this was all the evidence which they expected to produce for the purpose of connecting the derendant with the alleged conspiracy, its conclusive character ‘standing alone in a case where the defendant's mouth is sealed would doubtess be such that the Court would be bound to say to the jury that it could not be safely made the basis of a conclusion incuipating the de- fendant, It may not have been actually received. The writer may not have been known. His purpose may not have been known, or the person who received it may not have known why it was sent, or may not have invited it or known that it was in any way con- nected with the guilty purpose ascribed to it by the Prosecution as any illegal parpose or plan; and as men act differently under the same circumstances it is for the jury, under proper instructions by the Court, to look at the letter, if it was sent and Teceived, in con- nection with all the other circumstances in evidence, THE ENVELOPE ADDRESSED TO BANCOOK. Mr. Everest was then recalled to the stand. He testi- fled :—Colonel ba tpt handed me two envelopes and di- rected me to put them in the letter box for him, which I did; Joyce was watching mo from the window of his office; I was facing him; I could see him watching me; f saw the directions on the envelope directed to W. 0, Avery, Washington, D. C.,'and other to General 0, E.’ Babeock, Washington, D. each of them had “Personal” on the left hand corner; they were ordinary envelopes, and had no printed mat- ter on them; I did not see any more that day; I left the city June 10, 1875, and went to New York city, and from there to Liverpool; I left Liverpool last Christmas and arrived in New York on the 7th of January. Cross-examined by Mr. Storrs:—I have been in this clty since January 20; I cannot tell the months in which I mailed the jotters; it was in either February or March, 1375, but | am not positive; I think it was it the latter part’ of February or early part of March; 1 got the money first from the Supervisor's office; Colonel Joyce stood in front of his desk when he put the money in tie envelopes; the envelopes were on the table when Lnanded him the two five hundred-dollar bilis; I then sat down to bis left; I was watching him attentively; he first wok the two envelopes up, took the paper out of one of the envelopes and put the bill in; Lk did not see him put the other $500 in the other envelope; I am not positive that ho did put it in; whether it was in the letter directed to Baboock or to Avery that he put the bill I cannot say; when I went to Liverpool I had no special busi- ness there, except to gut out of the way; I knew I was in the Whiskey Ring, and wanted to keep out of trouble; I went to London and Paris after leaving Liverpool; then went to Rome, where I received a let ter from my brother to return home; he did not tell me it was safe for me to come, and I did not think it safe to return; I met Colonel McFall when I landed in New York, ‘but tne meeting was accidental; from New York I want to Philadelphia, where I met District Attomey Dyer; he camp to see me; I told him just what I have ‘testified to; I told Colonel Dyer since | came here what I would testify to on the stand; I told him I couldn’t be positive which envelope I saw Joyce put the $500 bill into; there has been no pressure to make me remember that there was a $500 il placed in both envelopes; when I was betore tho Grand Jury and on my direct examination I said I pre- sumed the second $500 bill was put in the other envelope as well as tn the one I said; 1 do not know whether I have been indicted here or not; the papers say lam; I made no inquiry aboutit; Ihave never been arrested on any indictment; can’t say why; there has been no understanding or Bargain about ii;’ there have been no hints to me that I would not be arrested; I have no reliance that [ will not be; I was before the Grand Jury at the ey, term, but did not testify that I knew nothing of the whiskey frauds. On redirect examination the witness explained that Joyce was standing up at bis desk when he put the money in the envelope, and after placing one bank ni in one envelope ho turned partially around so that wit. ness could see only part of the other envelope and did not seo the other bill put into it, Henry P. Alexander, chief clerk and teller in the United States Sub-Treasury in this city, testilied to hav- ing given two $500 notes for small bills to a man whom he did not know about a year ago, but he could not identify Everest as the person to whom he gave thom— in fact, he rather thought Everest was not the man. Edwara B. Frazer, of the distillery tirm of Beves & Frazer, then took the stand, and for the fourth time re- peated’ his story of the conspiracy and the operations of his frm during its existence. There was nothing new brought out elther in the direct or cross-examina- tion of this witness, and nothing whatever relating in any way to Genoral Babcack. ‘The Court then adjourned, : THK COMING DISCLOSURES, To-morrow the prosecution will probably, call Ea- gelke, who will testify as to the general conspiracy, avd Major Grimes, of the Quartermaster’s Depurtmont, through whom the qecret correspondence between McDonald, after the latter's indictment, and Babcock was carried on. Major Grimes, however, is iutimate with Captain Luckey and Babcock at the Lindell Hotel, and the prosecution will probably not ex- tract all he could tell. If time remains and the toy part of the day is not taken up with gal hairsplitting, as it was to-day, ex-Revenue Com- missioner Douglass and ex-Deputy Commissioner Rogers will be put upon the stand to prove Babcock’s exertions in behalf of the revoking of the Dougiass order, and some of the telegrams may also be read. ‘The batch of despatches recently obtained undera writ of the Court are official despatches between Douglass and others at Washington, aud Joyce and Mc- Dovald here, which will be introduced to show that the | secret despatches between Babcock and Joyce did al- Inde to the appointment of McGuire, the revoking of the Douglass order and to no other matiers whatsoever, Both Dyer and Brodhead think that they will rest their case on Saturday evening. Unless much time should be wasted by argument the trial will probably be finished by Saturday week. Brodhead says the prosecution lave no further direct testimony that Bab- cock got any of the Ring’s money. They believe that he got most of the $10,000 which was raised in April, 1875, to prevent the seizures, but it is doubtful whether they can prove it. STATEMENT REGARDING THE TELEGRAPHIO COR- BESPONDENCE OF BABCOCK NOTICED BY THE PRESIDENT OF THR WESTERN UNION COM- PANY—A THOROUGH DENIAL. President Orton, of tho Western Union Telegraph Company, sends tho following letter to the press of this city:— Exxcotive Orricr, Wretrrs Unton Teneararn Comrayy, New York, Feb. 10, 1876. To Evrrors:— My attention has been called within a few days to press reports passing over our wires from Washington Bases, apr tre to the effect: First—That a recent application to thé United States Court at St, Louis to have the requirements of one of several subpcovas whi had been served upon tho company made more explicit, was really made for the purpose of preventing the disclosare of what was con- sidered by me as damaging testimony to General Bab- coe Second—That my recent trip to Washington was made upon, or in connection with, this business, and | that while at Washington I had admivted that the records of the Western Union Company at New York and Long Branch, recently examined by me pursuant to subpona, contained messages between Babcock and members of the Ring, which show conclusively that Babcock is guilty. Reports containing some of these allegations havo already been published. I deem it due alike to public | and to private justice to say concerning the matters referred to in these reports :— Pirst—The application made to the Court in behalf of the company at St. Louis was not at the instigation, solicitation or suggestion of General Babcock, nor ot any person acting in his behalf, nor was my trip to Washington on that business, Second—No effort ha® ever been made by or in be~ half.of General Babcock to prevent the company from furnishing ali messages in its custody that had been called for by process issued from any court, and ail such have been furnished. Third—The search made through the New York and Long Branch files failed to find a single message, cither covered the subpana or outside of it, which relavod to any of cases at St. Louis. Fourth—1t foliows necessarily that I have not stated to any person anywhere that the records of this com- pany contained evidence conclusive of the guilt of Gen- 2 Babcock. have stated 4 a few instances exactly 0 con » Very respectia! ik Y respects LIAM ORTON, THE AMES IMPEACHMENT. TESTIMONY BY CONGRESSMAN WELLS, ee Mrurnrs, Tenn., Feb. 10, 1876, | constraction bill was introduced Mr. Johnson that the killing of Afteen or twenty a to tho party, A WATTLE WITH BURGLARS, Puuavetenta, Feb. 10, 1876. A policeman surprised four burglars at work in Rox- borough morping and had a regular battle with them. a dozon shots were exchanged. Ono of the burgi named Frank McGuire, hatling from Jersey City, was shot beh en phen amput hocessary. He was capturod, other ures, one 0 Whom waa xhot in the ahguider, escaped, DEATH OF REVERDY JOHNSON, Sudden Taking Of of tho Distin- guished Statesman, —-—__.. HE IS FOUND DEAD AT GOVERNOR CARROLL'S Batrimonx, M4,, Feb. 10, 1876. The Hon, Reverdy Johnson, tho distinguished states. man and jurist, was found dead this evening at a quarter past eight in the grounds surrounding the Ex. ecutive Mansion at Annapolis, Mr. Johnson was the guest of Governor Carroll and dined this afternoon with other gentlemen at the lx. ecutive Mansion. He was found dead in the yard by a servant, ¢ The Sun's special from Annapolis announcing the death of Mr. Johnson says:— Mr. Johnson came hero last night to argue the case of Baker vs, Frick, argued in the Court of Appeals to- day. By invitation of Governor Carroll he became his guest at the Executive mansion. To-day the Governor invited Chief Justice Bartol, of this State, and severa; other gentlemen to meet Mr. Johnson at dinner at the mansion. They dined about five P. M. At dinner Mr, Johnson appeared in excel- lent spirits and his usnal health, and entertained the company by his conversation and by relating anecdotes, At dinner he took one glass of Ma- deira and refused to take any more. After dinner he suddenly asked the Governor to take him {n the par- lor, He took the Governor's arm, and, walking in there, sat down onasofa Tho Governor proposed to have coffee brought, Mr, Johnson replied, ‘‘No; if you want to smoke, rejoin your gnests and smoke.” ‘The Governor announced, ‘Very well, I will join you in a fow minutes,” and returned to the table; put, feel- ing uneasy at leaving Mr. Johnson alone, proposed to the company to go into tho parlor and join him. Mr. C. G, Kerr, Mr. Johnson’s son-in-law, who had come intothe dining room after Mr, Jobnson had lett, tho table said, “No, ho always takes a nap after dinner and I suppose he has gone tosleep.” The company then went on smoking and talking, and while doing so @ servant of the Governor appeared at the door, and, beckoning him out, told him Mr, Johnson was lying in the yard on the stones. Governor Carroll went immediately to the place and found Mr, Johnson lying on the cobbiestone carriage. way that passed under the porch of the mansion, close up to tho wall and near ‘ door leading Into the basoment. He had ovi- dently gone down the front steps and ground to tho side of the house and had fallen where he was fouud. This was about eight P, M., and the impression ts that he had been there at least balf an hour. He was then doad, and was bleeding profusely from a wound on the right side of his head and face. His body was at once removed {nto a basement room and physicians summoned. Dr. William @ Tuck was first to ‘arrive, and, after examining the body, Pronounced life extinct. Drs, Ridiout and Claude arrived alterward, Thore are Jarge wounds on the right side of the forehead, two fractures of the sxull from the upper portion of the forehead to the eyebrow, dislocation of finger of left hand, and cuts on hands and legs and bruises, Tho physicians are examining the body to determine the cause of death. SKETCH OF THE DISTINGUISHED JURIST. Mr. Jolinson was born at Annapolis, Md., on the 2st of May, 1796. His parents, highly respectable and comparatively wealthy persons, gave him an excellent education at St. John's College. He graduated there- from when about seventeon years of age, and immedi- ately commenced the study of law in Prince Georgo’s county in tho office of his father, the well known Chiet Justice Johnson, of Maryland, Two years subse- quently (1515) he was admitted to the Bar and began the practice of his profession under the most favorable auspices. In 1817 he moved to Baltimore, and in that sity rore rapidly to prominence as one of the ablost legal | minds of hie State, The reputatién he obtained was such that in 1819 he was appointed State Attorney, and in 1820 was farther promoted by an appointment as Chief Commissioner of Insolvent Debtors. This office he held for a little over a year, when he resigned to take his seat in the State Senate of Maryland, to which he had been elected for two years. At the end of his term ho was re-slected by a large mayority, but, aiter retaining his seat for one year, resigned, in co: quence of his political duties interfering materially with his extensive professional engagements. For pearly twenty years afterward Mr. Johnson kept aloof trom politics, devoting his time to the law, and win ning a reputation for legal ability sueh as few men in this country bad then obtained, Indeed, it was then said by many of the most prominent members of tho Bar that as a lawyer Mr. Reverdy Jonngon was the equal of any member of his profession, and that but few were masters of law aud equity to the extent that | he was. After remaining in private life for some twenty years he appeared again as 4 Senator from the State ot Mary- land, having been elected to that high position by tie Legisiature of his State in 1845. Having been oifered the position of Attoruey Genoral of the United States in General Taylor’s Cabinet Mr. Johnson resigned the Senatorship in 1849. Upon the retirement of Mr. Fill- more from the Presidential office be once more re- sumed the labors of his profession, his practico being | now confined almost entirely to the Suprome Court of . the United States. During this period he also aided tn preparing seven volames of reports of decisions in the Court of Appeals of Maryland, which have been regarded as vaiuabie works of reference by the legal profession. In 1861 Mr. Johnson was a delegate to the celebrated Peace Cor s8, and made earnest and able, though unavailing efforts to stay the storm of war which was threaening tho country. Durmg the following year he was, for the last time, elected a Sonator to Con- gress for the term beginning tn 1863 and ending tn 1860, In 1862 the diifleulty which arose between Gen- eral Butler and the Corsul of the Netherlands at | New Orleans calling for judicial investigation, Mr. Johnson was appointed by the government to visit the Crescent City amd ascertain the merits of the case, In his report he pointed out with | remarkable clearness and accuracy that the hero of Big Bethe! had exceeded bis powers and bad | ordered certain seizures—the cause of the dispute— in defiance of all law, whether civil or military, Por | this report he was charged with having been iniluenced | by improper motives in rendering his decision. His | reply to this aspersion was of such a convincing chara ter that it cifectually silenced clamor and raised Mr. Jobnson higher yet in the estimation of the public. | Throughout the war he favored the Union cause, and ve his hearty support to the suppression of the re- | Eaton. At the same time he opposed, with great earnesiness, every measure introduced into the Senate which tended to violate the constitution or | to lower that instrument in the estimation of the people. When tho war had ceased, and the Southern States had submitted in good faith, | he earnestly urged their readmission to representation, | without delay and witbout imposing conditions which | would tend to degrade the Southern people tn their own estimation or which would cause them to regard | with bitterness their failure to achieve independence. | At the same time he favored such guarantees as would | hereafter prevent the recurreuce or revivification of the causes which had operated to keep up antagonism. For many mouths ho labored assiduously, and devoted his abilities to the work of restoration on acon- | stitutional basia. The terrible condition of the South | soon after the fall elections of 1866 induced | Mr. Johnson to vote for the frst Reconstruction bill, and also to vote in favor of its passage over the President's | veto, This he did, as be said at the time, not because he believed the measure constitutional and just, of in | any way generous to the South, but because he desired | to see a speedy restoration of the Southern States to their place in the Union, But when the second Ke- ‘ith. drew his sapport from the measure and gave ita strong | opposition, Some of his ablest speeches were made | after the close of the war on the subject of reconstruc. tion, On the 13th of June, 1868, the news of his nomina- tion as Minister oe iy to the Court of St James and hia confirmation by the Sonate wore re- cetved with satisfaction by the wy generally. While abroad Mr, Jobnsom was noted for a penchant for post prandial oratory, Ho dined with ali the gu of London and made many specches to “our Kug! cousins” which rather flattered their amour, most important service rendered by Mr. Johnson to | the United States while Ministor to the English Coart ‘was his persistent effort to procure the settlement of the Alabama claims by treaty. Though he failed to The foundation for the subsequent negotiations at Geneva, M which finally removed the difficulties between the | ry wernmenta While ho was aon i one ffort to sotto em- aod avoid all necessity or of war Mr. Johnson won admiration of British Ministry by his courteous demeanor and earnestness, Always brave in the defence of the bts his countrymen, he never failed to min; ntleness of language with stu utterance, He find some correspondence with Stanley on the naturalization treaty question, then in an ansettled condition, and attracting & good deal of attention in con- uence of the Fenian troubles. ; was by nO means a partisan. ni porition Mi, 100 tee ve tke Ber enabled Wren ea education and ind on occasions of importance ta tbe weligro a faa a once @f the country a stand | Poughkeepsie, are at the Fifth Avenue Hotel. | rooms, 6mm 00 the side ofthe people, Mr. Jol wih ardor into contro day, ond invariably commande and admiration of “his peers by* the eat purpose he displayet and thé enzious etfort made to secure the groateat good for the greatest number, Although Mr. Johnson was atways consid- ered to be identiied with the democratic party he seldom hesitated to throw off the thrall of party trem when his canscieace forced his convictions the other it was not surprising that he’ was and way. Theref frequently found in the Senate 4 Opposition to the voting in forward by the democratic line of conduct rendered win distasteful to those who believed in party rule before political rights, and? though his demveratic colleagues were only too glad to find him ready to assist them they did not place mucky reliance on hitn when the exigencies of the party de manded action that they kuew he w favor. AS a consequesce, Mr. Johnson's reputation, ex. tended and lofty as it was, was not mained so muoh by his political career as by his great legal talents and the purity of his personal character. While in the Senate he frequently dropped the robe of a Senator and assumed the character of am advocate. It was no marvel for him te, walk out of the Senate Chamber aiter a sharp debate on some leading national question, und, crossing the corridor of the Capitol, en- ewe United States Supreme Court, and there enter nth argument of an intricate case, ia which the legal techuicalicies were both intricate and elaborate. Ou one of t sions Mr. Johnston actually feft the Senat during the wees of the constituti amendments; and arguing hiw shure of wcase before the Supreme Court he returned to the Chamber and rene: the discussion of the amendments with vim and earnestness shan bad deen displayed during his temporary absenoe, This» remarkable effort by a man atthe age of throe score and tem showed the strength of his intellect and the amazing power he possessed of concentrating bie mad on wh ever subject came before him, career 10 the Senate was a notable one and the records of that body during his terms of office show that he always tok an earnest active part t@ the current debates. Many of Lis speoches were of much importance im shaping the destiny of the nation. These speeches took a wide range. In 1893 he spoké om emancipation and slavery, and in the following yeom her made a lengthy and argumentative addresw on the proposed constitutional amendment to prohibit slavery. In 1466) he = addrew the Seuate in opposition to the provisional governments for the Southeru States and another on the exclusion of Southern representatives to Congress. In all of these notable efforts Mr. Jonason followed his usu course; and, while aiding own ‘side of the Senave presented at the same time acogent line of argumont that did much to set the measures in their true light and enable the country to gain all! that was good in thom. Since Mr. Johnson’s return home he took an active part tn the affairs of bis country, When the Ku Klux trials were began in the South he went down to defend the accused, but the recital of their practices so horri- fied him that, truc to his previous record, he threw up the deience and declared that such men wero without tho pale of the law, Om the question of Ca»sari is utterances wore clear and decisive against the idea of a third term in the Prest- dency. At the time of the Virginius massacre at Santiago de Cuba Mr. Jobnson’s patriotism was aroused, and bo did not fail to enter his protest 2 against Burriel’s barbarity im a lester Tull of spirit and manly feeling. In 1874, he throw himself’ with earnestness tto the dispute over tho doplorabie condition of Loutsiana, and the contro versy between him and Mr. O'Conor formed one of, the most important phases of the discussion that ensued a& that time, As man Mr. Johnson was warmly loved by all who came in close aud intimate contact with him, Hie private fo was pure and happy, and his death, at his advanced age, will be mourned by many who only knew him by his reeord and lic utterances, BRAZIL MARKE BATE OF EXCHANGE ON LONDON—QUOTATIONS OF Corres. Rio Janina, Ved. 9, 1876, 850 reis per 10 kilogrammes; Exchange on London 2 market quiet, with a downward tendency. Average daily receipts for tlie past week, 6,000 bags. Total sales of the week—For Europe, 24,000; for the United States, 3 QUO; for . 1,000, the woek—Kor Europe, y for ‘the United States, 24,0003 for the Mediterranean, 2/000, Stock, 219,000. Froights, Wa. Rio Jaxeino, Peb. 10, 1876 ¥) a 5,950 res por 10 kilos; market a Santos, Feb. 9, 1876, Coffée market quiet ; tendency downward , superior Santos quoted at 5,700 a 5,900 rois per 10 kilos. Average daily re- ceipts for the past week, 2.300 bags; total sites of the we 6,000, all for Europe; total shipments, 11,000, all far Bar rope; stock, 124,000, Sawros, Fob. 10, 1876. Coffee market quiet: prices maintained; no change Mediterrancan Shipments ‘of Exchange on London Coflee—Good firsts, animated ; prices very A charge ofa serious and grave character was preferred yesterday against Sergeant Beeler, of the Third pre- cinct, Jersey City, A woman named Mary Russel, of poor though respectable appearance, had been in search ofher friends on the Heights, but could not find them, and as she was withoat money she applied for lodging in the station, She was placed iu @ cell, but was awakened from her sleep during the night by Beeler, who removed her to another cell, and as she allegod in her affidavit before Justice Davis, he indecently as- ulted her. Beeler resigned his postition on the force Perot bend and he will Lave an examination before ustice Davis. HOTEL ARRIVALS, Senators Dennis McCarthy, of Syracuse; James Starbuck, of Watertown, and B. Platt Carpenter, of Adja- tant General James A. Cunningham, of Massachusetts, and Goneral James A. Hall, of Maine, are at the St, Nicholas Hotel. Colonel John N. Macomb, of the Em- gmeer Corps, United States Army, {s at the Brevoort House, Ex-Governor Andrew G. Curtin, of Ponnsyk vania, is stopping at the Fifth Avenue Hotel. Captaim John Mirehouse, of the steamship City of Montreal, i» at the New York Hotel. Ex-Senator Henry €. Com nelly, of Kingston, N. Y., ts residing at the Metropolt- tan Hotel. B, C. Bailey, of the Concord (N. H.) Patriot, is atthe Westminster Hotel Judge Charles Mason, of Utica, and Jaage A. Anthony, of Poughkeepsie, are at the Fifth Avenue Hotel. Ex-Congressinan 8, Newton, Pottis, of Penoaylvania, is at the Astor House, Sena tor James K, English, of Connecticut, arrived at the St. Nicholas Hotel last evening trom’ Washington. J. N. Navarro, Mexican Consul, is at the Winchester Hotel. THINK OF IT, LADIES! YOU CAN PERMA. nently beautify your complexion with Gueny's Suuruue witius’s Harr an Wutsxer Dyn,” black or brown, 50e. 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Being entirely vegetable, ag Particalar care is required while asing them. ‘£00 roward Is offered by the proprictor to any one wiil detect in these Putuers any calomel or other form mercury, mineral poison of injurious drag, ‘Thoy are sold by dragsists A MARKED ADVA tue BLastic TRUSS, 83 Broadway, comtortavly holds worst rug ting perfect and permanent eure. tures, soon BALLS AND PARTI&S, SNOW AND RAIN, —Ri Suons, Garrees axp Inpta Rover, Patrouise £00, No. 3 Union square. rit HEUMATIC REMEDY—FOR Nouralgia, &c., can be procured at 21 John at, ED BY DR. MARSH (PRINCIPAL At nis od office, No. 2 Vosey st. (Astor FUSS, PRACTI- tu st, near Beoad> RUPTURE OU of late Marsh & Co.) House) ; no uptow! . DROPSY, GRAVEL, ixoacos of iC Debliity and Ulronic Affections (i practitioners.) Two pamphlots expt sing ing their successfui treatment by NATURE'S SPECIFIC ADAHE, MADE OF GOD, Woah MINGRAL SPRING WATER, and Dr. A. HAWLEY HBATH, suthor and proprietor; free w any address. Depot and reception bt Broadway, New York. NUOOD—200TH DITTO! Janatory of the Causes, with inatructions for the suc~ cersfal treatment of Weakness, Low Spirits, Nerves Bxtang~ Hon, Muscu! Debility and Prematy ine fa i tiieo ae “Addrow, tho author, Dee & DBF. CURTIS, we Won 22d at, New York. i Y curable by ge REATIOE EX~ COMMERCIAL AND POLITICAL FINANCIAL, COM Now ready. In addition to its usual con: valuable tables and statistical returns og finance, jaily qagtasions of gold for L875, of | 5 of Sivteareetuiete Se eankar marta Bask at ii inn} of discownt. {. Gustouse returns and other satecti Jang cial and general information presents, in Its issue See 1876, othor fontares of tnt THE HERALD ANAC FOR, 1376, Its election retarns are the fullest, most and onty reimble date for iio seaming” Brestboatiat “lectin” jatch, with 8, Ao. Now ¥: Yacht Glad, os rebar, rd Siane ‘a ab : ul elite ae a: 3 : | - rH at ti eollangous” contents, is & most valuable fe eras naan d view with dime ° | 1876. TUR NEW YORE HERALD ALMANAG ‘ VOR 1978 if