The New York Herald Newspaper, February 17, 1876, Page 7

STOKES’ APPEAL, Has Governor Tilden Denied Stokes His Legal Rights? A Strong Argument from the Prisoner in His Own Bebdif. Justices Pratt, Barnard and Gilbert, holding General Term, Second district, Brooklyn, received yesterday the following document. In all probability the Court will bear the argument of Charles W. Brooks and Mr, Ira Shafer, counsel for Stokes, this week. The follow- ing is the prayer of the relator:— To Tax Hoyorasie Jupces or tux Surreme Court, STRICT >— Tn my appeal trom the decision of Justice Dykeman in dismissing the writ of habeas corpus—now to be argued before your honorable Court—I venture to pre- sent in this informal manner some few !mportant facts bearing upon the case that you may deem worthy of consideration. 1 beg that your honorable Court may condescend to Sale aor a perusal of this communication, al- though not confined exclusively to the legality of the tion at issue, I only refer to facts, and as many of ‘are germane to the question involved, I ha that I may succeed in bringing to your notic that may, perhaps, influence your decision. It is decidedly proper and due to counsel that I should state thgs communication originates purely with ™: f and is forwarded upon my own pesponsibilies t neither have I submitted it to any one for criticism, and I hope you may, therefore, graciously judge of it accordingly. ‘It was my intention one year ago to have made ap- plication to the courts in another form to review the case, iu order that I might have the question finally adjudicated in seasonable time to derive full benetit from a favorable decision, 1 was, I think, relably informed at that time that Governor Tilden contemplated interposing in my behalf the Executive prerogative. I received numerous let- ters from parties of high influence to that effect, and that the Governor entertained none but the kindest of feelings toward me, Ex-Mayor Spriggs, of Utica, who, I belleve, nominated Governor Tilden, a gentleman whose high character and standing your honorable Court is well acquainted with, wrote to me at that time tn reference to aA pardon, saying :— “After full tal with the Governor, I can hope to congratulate you, inthe not far distant future, a tree and happy man.’ Mr. Spriggs exhorted me to exercise patience, enter- taiping no doubt of success, and assured me Governor Tilden was most favorable to my application—but at best slow to act—warning me not to press him, or we would encounter his antagonism. bell ee My parents called upon Governor Tilden on numerous occasions, both at Albany and New York city, and from the encouragement trom time to time extended, and the fact that he assured my father by letter, dated January 7, 1875, “my case should have attention,” I reposed im perfect confidence and regarded all legal proceedings as entirely unnecessary. On the Sth day of January, 1876, after having my case under consideration one year, and after I had en- tered upon illegal imprisonment (the fifth year of actual confinement) was for the first time apprised that my application had been denied, by hearing that a Lovie gard communication from the Executive Chamber been sent to the Associated Press all over the United States to that effect. Appreciating Governor Tilden’s political perplexities and the fallibility of human nature! shall not lament nor have I any regret at his refusal ; 1 only bitterly regret that his refusal was so delayed and inopportune. 'y great, irreparable loss was the misery inflicted upon my aged parents, holding them in a state of pain- ful excitement and intolerable suspense for such a pro- tracted period. I only refer to this as showing how I have been subjected; trusting that your honorable Court May compassionately feel disposed with Judge Dyke- man, who has already kindly promised to aid counsel, that’ my case may be finally adjudicated as expe- ditiously s possible, so that I shall not suffer unjust and illegal imprisonment for a longer period than is necessary in the event of a favorable final decision. Apologizing for thus premising, permit me at once to cail to your notice some facts relevant to the issue, It has been heretofore supposed that the most severe and rigorous enforcement of law possible was to de- prive the prisoner of all benefit of Tombs imprison ment preceding conviction and then impose the maxt- mam penalty of the statute. My unfortunate and remarkable case presents the only instance on the criminal records of these severe lumits being wrongfully transcended. Iwas imprisoned on the 6th day of January, 1872, ander an indictment charging murder in the first degree, thereby deprived of bail, and held for nearly two years; notwithstanding the Legislature intended to protect the people from any such bait ny coninement, by a provision that the prisoner shall be heid to bail or tried after ninety days, unless the District Attorney show to the Court good cause for furt delay. I was arraigned in the Oyer and ferminer, at tho expiration of said ninety days, before Judge Cardozo, fag my prosecutors had selected to preside at my Private counsel was employed against me. Messrs, William A, Beach and ex-Judge Fullerton, who ad- vised the District Attorney, 5S. B. Garvin, that the question as to the legality of the Grand Jury that indicted me should be determined by jury trial, which gubjected me to additional delay. *" Upon the conclusion of said trial Judge Cardozo resigned his official position, which delayed my trial still jurther untilthe month of June. After most strenuous exertions to obtain a trial I was arraigned during said month before Justice In- graham, and the trial terminated in the disagreement of the jury, The Court was then adjourned sine die during the summer months, and in the fall the case of William M. Tweed tuok precedence; and it was not until December that I could obtain a second trial, which resulted on the 6tn day of January in conviction of marder in the first degree. ‘The manifest terrible injustice that outrageous ver- dict inflicted upon me is a matter of history, and I will not expatiate upon it further than to say that on the 10th of June the Court of Appeals by a unanimous vote reversed the judgment, declaring {t illegal in every particular—and in the same volume should be written. District Attorney Fellows, representing the ‘people ‘at that trial, has since had the manhood and magnanifity to declare that subsequent information received from the lice authorities fully satisfied bim Fisk was armed, Fisk's pistol was picked up on the staircase and spirited away, and further, that he fully indorses the opinion advanced by Mr. Bartholomew, the foreman of the final uy, that the principal witness, Thomas Hart, committed deliberate perjury. . The Court of Oyer and Terminer, shortly after the reversal of judgment by the Court of Appeals, adjourned for the summer, and the earliest opportunity offered for my third trial was September, and on the 28th yf ot October I was convicted of manslaughter in the third e large majority of the jury at first advocated my acquittal, Failing to accomplish this they acquiesced in the above verdict in preference to a disagreement. Judge Davis sentenced me to en imprisonment of four years, the extreme limit of the statute. It is proper that I should stato that Judge Davis passed sentence immediately after the rendition of the ver- dict, which was inaeed a most astonishing verdict to every one. If there was any truth in the evidence of the hall- boy, Thomas Hart, 1 was unquestionably guilty of deiiberate murder. But if the story.Hart rehearsed on the witness stand, after astudy of six months (as he testified), was false from beginning to end, as the jury unanimously declared it, and as the evi- dence clearly established it, undoubtedly I should have been honorably acquitted. Judge Davis’ attention not being called to the fact that Thad already suffered ten months’ imprisonment, owing to the previous judgment, I submit that it was not the intention, nor was it in the power of the Coart, to take advantage of my misfortane in falling victim to an illegal conviction, to unbridled prejudice, and inflict in- creased imprisonment. It is beneath the dignity of Court to stoop to embrace any such unfair advantage. If the tliegal conviction of Jani 6, 1873, had not taken place how could the Court ada its additional imprisonment? If the illegal trial had been a proper Jegal trial the extreme penalty would have been a sen- tence of four years, dating irom January 6, 1873, and I submit it must be so regarded. it appears that the government, not satisfied with depriving me from all benefit of one entire year of Toinbs imprisonment, suffered previous to the illegal judg of January 6, 1 which imprisonment I is pd shown, rong ue known laws of justice and equity, 1 should have received full benefit from, legally to inflict upon me additional in- jer sr orneue me Yrom all benefit from those months ‘Of torture passed in the condemned dungeon, under the very shadow of the gallows. ‘And Fight here, permit me to call to your notice— First the authorities, from a sense of justice and duty, ‘advocated my claim to this imprisonment. Second—According to the commutation law passed by the Legisiature I under; ment (Tombs and Sing ) combined tmprison- equal exactly in of duration to a sentence of seven and six montha In other words, tenced to seven years and six months on ‘& person the 6th of sanuary, 1872 (the day | was first in- earosrategy bis full term of sentence expires precisely therefore, be possible that the law is open to any such cruel interpretation and incongruity. Hho only question then for your, honorable Cours to Can the government, after inflicting an {lh decree—and su! uent accord: legal Pn an upon conviction and judgment, causo in the ee ima to these decrees all arisini from one indictment) any imprisonment in excess o extreme limitation of the statute for the crim lity ? Whee teatysige this question permit me to in- quire— Whose fault was it that I was illegally sentenced to death? Wasdt not the law's? And if it was the law’s, shall I suffer? Was not the infliction of the death sen- tence of itself a most grievous injury? What excuses it? Notbing, excopt the government says it was un- ‘What excuse is there, then, for intentionally increas- img the unavoidable injury by Arbitrarily retusing to ni credit it Is solitary confinement in the condemned dungeon, with horrible surroundings, any less punishment than ordinary a Prison incarceration, that it should be I that the entire im; -money but it is clearly the law, I woeea “tg a) variable common practice credits all Tombs imprisonment saffered alter judgment pre- cisely the same as though sorved in State Prison in all cases where the A| late Court affirms judgment, holding no injury inflicted upon the prisoner. This bei admitted, I very much doubt if your honorable rt will interpret and construe the Taw—as clothing the Court with specific power— to deprive from such imprisonment only those who ugh misfortune fall victims to the law’s abuse. To establish such a precedent would be danger- ous, and not in keeping with the institutions of a tree overnment, The spirit and intent of the law must be followed, as I will show by an analogous illustration. laws governing penal institutions it is laid WD: RA hertice prison de sentenced by t! period of six months. Second—Any prisoner assaulting a fellow prisoner shall be likewise sentenced for a period of three months, the nals sbeal from the Warden's decision to be made to the Board of Prison Inspectors, Assuming, for instance, a mélée happened in the prison. Convict Jones is charged with assaulting an officer, and the Warden consigns him to the dark cel) tor six months. After remaining there for some two months Jones ap- peals his case to the Board of Prison Inspectors, who reverse the Warden’s sentence on the ground that Jones did not assault the official But Jones is found guilty | of assaulting another convict, whereupon the Warden sentences him, in accordance with the law, to three months dark cell. Will you interpret the law that Jones shall not be cred.ted with the two months’ imprisonment the ille- | gal sentence occasioned, but shail be punished for five months for an offence the law reads three months shall be the extent? Clearly not, You will hold the previous illegal im- prisonment of two months a part and parcel of the punishment which in extent of duration must be re- garded for any offence arising out of the original mélée that Jones may be adjudged guilty, In conclusion, permit me to quote the words of Lord Powell, uttered more than a century ago, 80 po- tentand forcible in their character that to-day you | ho shall assault an officer shall arden to the dark cell fora Tecognize in them a familiar maxim :— 1 Let us consider the reason of the case, For nothing is law that it not reason. Hoping that your honorable Court may see proper to judge my case from this only reliable standpoint, 1 am your obedient servant, EDWARD & STOKES. THE DEER PARK MYSTERY. SANGUINARY THREATS OF THE YOUNG SKID- MORES—A TRANSACTION “LIKELY TO END IN BLOODSHED.” Tho inquest into the Deer Park mystery was resumed at Babylon, L. 1, yesterday, and several additional witnesses were examined, whose testimony went far toward fixing as a certainty the supposition of foul | play, and pointed to those most likely to have been implicated in the burning of the house of David H. Skidmore, with its four inmates, Mr. Skidmore, Wesley Wright, Mrs. Wright and Fleet Weeks, Quite a crowd attended the inquest. The first witness called was Thomas McMahon, He lives a little east of Deer Park and knows all the per- sons interested in the fire at Mr. Skidmore’s; went with David Skidmore to the burned building, and also accompanied him on his way to seek the corover: David drank with witness several times, but said he — bad no money, and did not offer to pay for any drinks. ‘Timothy 8, Carll, a saloon keeper at Babylon, testi- fied that David Skidmore spent fifty cents for drinks in his place the morning after the fire. Lewis Gardner, a negro, residing at Half Hollow Hills, testified that David Skidmore was at bis house for about an hour and a half on the Sunday night of the fire; David spoke about Wright and his father, and said they had a skirmish at Deer Park about loading acar; David said he had called Mr. Wright names, and if Mr. Wright said anything he would have struck him; witness said, “Perhaps Wright would whip you;” David answered that he could not; Wright, he said, was living on property belonging to the boys, meaning David anda Carl; David said Wright should not stay there till spring it for it; David tol weeks before the fire, that Wright had lost a horse, which had probably been poisoned; David remarked that perhaps some one had given the horse a poisoned apple; David said if his father had interfered between bim and Wright ne would have ‘punched him damned ” Cinderella Gardner, wife of Charles Gardner, a brother of the preceding witness, corroborated his tes- timony respecting the conversation about the probable poisoning of the horse. She also testified that David said that in less than three months they would lose more than the horse. Referring to the poisoning of the horse she said, ‘Perhaps you was the one that done it,” and David laughed, but made no reply. Charles Gardner also told the story of the poisoned apple, and said David remarked that time—about five weeks before the fire—that ‘Wright, the damned old ——, should get off the piace’ before the winter was out”? Frederick Cla storekeeper of Deer Park, had heard David say juently that Wright should not winter at his place. This witness heard old Mr. Skidmore say he frightened to come down and get his goods in the evening; he was “‘afraid of his life’ of his sons. About-a week before the fire David and bis father were quarrelling about some wood on the stoop of witness’ house, Cinderella Gardner told wit- ness the Saturday before the firé about David’s threats at her place. . Frederick J. Wolf next testified:—The wife of William Henry Wood bas worked tor him for some time; on the Sunday of the fire Wood called to see his wife, but wit- ness could not say positively whether he remained all Bight; did not remember having seen him in the morn- ing; Wood could have Bono out and come back to the house witbout witness’ knowledge; Mrs. Wood told witness her husbaod remained all night; she said she could not see what they wanted of ber husband at the inquest as he stayed at Mr. Wolf's all night? Mrs. Mary M. Oakes, of Deer Park, said Carl and David Skidmore went to bed in her house about nine | o'clock; at eleven o’clock P. M. and two A. M. she was up with’ a troublesome baby, and the first time saw Carl’s face; he spoke to her, and asked her how the baby was; SHE DID NOT SER DAVID there then, nor at two o'clock, and she believes she would have seen him had he been in the bed with Carl; it was asmall single bed which Carl and David occu- ied; David was at breakfast in the morning; that was fore news of the fire reached Deer Park. ‘Miss Lottie Skidmore, a daughter of Carl Skidmore, denied that her father hi tated to her that the house had caught fire accidentally before. William HL bys wood chopper, testified that on visiting the ruins the morning afterthe fire he dis- covered on the wall near the stoop, at which the fire is said to have started, a discoloration as if oil or lard had been rubbed om there, Edward R. Ackerley, a lawyer of Huntington, deposed that he knew old Mr, Skidmore, Mr, Wright and Mrs. ; since September he had had professional dealings with them; then old Mr. Skidmore said he wag getting old, and being afraid of his sons, who were trylng to steal his property, said he wished to execute @ lease to Mr. Wright; witness drew up a power of attorney to Wright to take care of the place and Mr. Skidmore executed it; he complained that Carl, who had Ea Myteng & been in his employ for some time, had been tn the habit of selling wood and farm produce and appropriating the ; he also had made collections for which he had not accounted, hence the old man refused to have him on the premises; Carl had manifested a good deal of teeling about the matter, the old gentleman said, and bi led one oxpres- used threats; witness sion that the father said Carl had employed against him, it was that he “would cut his heart out;” Mr. Wright said a DAVID AND CARL WERE VRRY ANGRY AT HIM for comin; at the tr: to interfere in the old gentleman's bebalf; of asuit in Huntington between Mr. Skid- David, bis son, used very harsh j} om the Tuesday ha go Wright called upon witness ani asked him if Mr. Skidmore could sell wood cut on his land by his sons; witness “Certainly; then Mr. Wright requested him to advise the old gentleman to the contrary, remarking that !f the old gentiem: should pursue this course *‘there would be bloodshed ; witness and Wright walked across the street and wi ness told Mr. Skidmore he could sell the wood; then Mr. Wright again remarked that there would be bloodshed if Mr. Skidmore sold the wood; Mr. Skidmore replied that he did not know but there would, as the boys would like to kill bim, and Wright, too; but he was going to have the wood; he said he was coming over soon to deed his ‘s worth of his property; Mr. Wright had spoken to wit- ness about the horse had died, and expressed the opinion that the borse had been poisoned; he had examined the intestines and found something like t) Presence of ; Mr. Wright bad heard that either ‘one or both of the boys had said the horse was poisoned and that ‘‘it was not the last poisoning that would be done thera” ‘The wife of the negro Henry Wood testified that her husband remained with her at Mr. Wolt’s house all of the night of the Sunday on which the fire occurred. ‘quan we ber by recalled, said that old ip more toi im ught the boys poisoned a horse that died about five weeks before the fire. John Davis testified that he saw Henry Wood at Mr. Wolf's on the Monday morning after the fire about seven o'clock. Some of the witnesses called previously were re-ex- amined, bat added nothing of material importance to the evidence already reported. A VERDICT AGAINST DAVID SKIDMORE. At the close ot the testimony Coroner Preston ad- dressed the jurors, seams them the nature of their duties and ing Several crimes that have of late disturbed the peace of the community. He urged them to consider carefally the evidence and render a true verdict. About nine o'clock the following verdict was re- turned jury find that Davia H. Sxidmore, Fleet Loren Wesley Wright aud Mra. Wright were dered in the Ca house of David H. Skidm the ist January, being stupefied, or 1 nd that the house was th set ‘The juro’ find that David Skidmore, ity of the crime. '? sta le into the barroom of arrested’ Dovid the latter seemed constable. the Coroner and the warrang charging his with the murder of the four oth on fire, Jr... was gu’ the con! he (David) had to go to jail | witness at Deer Park, about iwo | Persons was read to him he wore a look of dogged difference, He was told to be on his guard and to may = nothin; that might be used to his disadvantage. was told if he wished to have up examination the Coroner was ready, but would Wait if he desired to have counsel to represent him. After moment's consideration he said he sup) | Lawyer Walker would appear for him. By on of the Coroner the examimation was set for Friday morning, at Amityville, On the M alter the house was burned David is said to hat off a horse belonging to Mr. Higby wh! Babylon. At the tim take charge of the remains of bis dead tather. to Jessie for the present in the eusiody ef the con- RUBENSTEIN. HE IS VISITED AND ADVISED BY HIS BROTHER THAT HE MUST DIE—WHAT THE KEEPERS SAY OF HIM—PESACH IN A FURIOUS TEMPER. The condemned murderer of Sara Alexander was visted yesterday forenoon at the Raymond Street Jail, Brooklyn, by his elder brother Jacob Rubenstein. During the interview between the two brothers, which lasted about half an hour, a keeper closely observed them and listened to what they had to say. Jacob told | his brother that he had better prepare himself for death, as the lawyers could do no more for him, and, said Jacob; ‘There is no use in pulling against the’ stream.’ Pesach became very despondent. It is said that while his father, Israel Rubenstein, is willing and indeed anxious to make further expendi- tures to save the neck of Pesach, Mrs, Rubenstein, who is the fourth wife of Israel and has no ties of con: he has put her foot down,” Detective Zundt says, “and as the property of her husband js all in her name he cannot get at it, The house in which they now hve,”” said the officer, “is mortgaged for $22,000, which ‘is about $2,000 more than itis worth, so you see they have not got the money to spend.” Colonel Stegman, Deputy Keeper, has two officers watching the prisoner day and night The: relieve cach other every eight hours The officers engaged in this unpleasant business are Messrs, Lyons and Woward, who represent Rubenstem " “as sharp as a steel trap.” They do not let bim pass out of their sight for more thana minute. “If one of us went to sleep for half an hour,’ said one of these of- ficers, “I am of the opinion that Rubenstem would go to sleep forever.” By this they would imply that he would make away with himself, and so cheat the law. Tho prisoner told his brother Jacob to pay all his just bills, as he didn’t wish to be annoyed by such men as the Israelite who called on him the other day to dun him for a small amount due, He has a couple of thousand dollars, it is said, in bank. For the first time since bis Imprisonment he asked for acigar on Tues- ay night, and it was given him by the keeper, An elite has been engaged to prepare Rubenstein's | meals, Tn accordance with the request of the condemned man, that he might see Detective Zundt, that officer was sent for yesterday afternoon, and on entering the cell approached the prisoner. ‘Well, how are you getting along, Rubenstein?” The prisoner, who was in the straps which he is wont to wear when in prayer over his bible, jumped up in a towering rage, | such as Zundt had never seen him exhibit before, and crying, “Gct out of here! Go away! go away!’ en- deavored to divest himself; of the straps and to menace the detective, who at once retired, not wishing to pro- voke further the violence of the wretched man. Some slight hope is entertained that he will make @ confession of the crime when he can sufficiently realize that there is no earthly hope tor him, Jacob Rubenstein presented an order to Prop- erty Clork William H. Muldoon yesterday for three | gold watches, eight gold chains and $170 in money, which were taken from Pesach on the evening of bis arrest, December 15, 1875. The property will be de- livered to the bearer of the order to-day. J. P. Alex- ander and his sister have expressed a desire to witness the execution of Rubenstein. The gallows to be used upon the occasion will be borrowed from the Sheriff of Queens county. THE CREEDMOOR SPRING MEETING. SEVEN MATCHES—LONG AND SHORT RANGE SHOOTING, ‘The fourth annual spring meeting of the National Rifle Association will open on the 25th of May, Three ‘aays will probably be required in which to shoot the seven matches, The programme }s as follows :— FIRST—DIRECTORS’ MATCH. Open only to directors and honorary directors of the | National Rifle Association, Distance, 200 yards; posi- tion, standing; weapon, any rifle within the rules; rounds, five, With two sighting shots; entrance fee, $1; nize, the Directors’ Championship Gold Badge, shot for annually and held by the winner during the year. SECOND—SHORT RANGE MATCH, Open to all comers; distance, 200 yards; position, standing; weapon, any rifle within the rules; seven | shots, with two sighting shots; entrance fec, $1, Ten prizes, aggregating $100. THIRD—MILITARY MATCH. Open to teams of five, from any company, troop or battery of the National’ Guard of New York, or any other State or Territory within the United States, to be composed of company officers and privates, certified to . be members of the company they represent on March 1, 1876; distance, 200 yards; standing position; seven counting and two sighting shots, teams to use the rifle their company is armed with; entrance fee, $1 per man. Teams representing organizations armed with carbines will be allowed to wse the full shell, Prize— Trophy, offered by the State, to be won three times before ‘becoming the property of the organization; other prizes to be subsequently announced, POORTH—MID-RANGE MATCH. Open to teams of five trom any company, troop or battery of any State, or of the regular army, navy or marine corps or rifle club; position, any without arti- ficial rest; rounds, five; weapons, those using regular military rifles to shoot at 500 yards; special military rifles to shoot at 600 yards; “any’’ rifle to shoot at 700 | yards; second class target. 22-inch bull’s eye in all | cases; each company, troop, battery or club may send 28 many teams’ as they choose, and each team | may enter for more than one distance by making a separate entry; entrance fee, $1 per man for each dis- tance; prizes to be hereafter announced, PIPTH—INDIVIDUAL MATCH. | Open to all comers. The terms are identical with those of the preceding match, except that the compet- itors will shoot as individuals instead of teams, The Ts of handicapping having proved unsatisfactory the Board of Di.ectors have determined to give this new system a trial. SIXTH—LEECH CUP MATCH. This match is under the auspices of the Amateur Rifle Club, and is open to all native born citizens of the United States and to alleresident members of the Ama- teur Rifle Club, regardless of nationality ; distance, 800, 900 and 1,000 yards; position, any withoutartificial rest; rounds, fifteen at each range, without sighting shots weapon, any rifle within the rules; entrance fee, $1 for members of the Amateur Rifle Club; $2 for all others, Prizes—The Leech Cup, to be held by the winner out the year, and a championship gold badge, valued at $50. SEVENTH—PATRICK HENRY RIFLE MATCH. Open only to the American team and reserve of 1875 (Dollymount): distance, 1,000 yards; ten rounds, with- out sighting shots; any’rille within the rules. EASTERN YACHT CLUB. At the annual meeting of the Eastern Yacht Club of Boston, held four days since, the following officers were elected for the current year. Commodore—Joun M. Forbes, Vice Commodore—T. D, Boardman. Rear Commodore—Charles Whitney. Secretary—Henry B. Jackson. Treasurer —Patrick T. Jackson. Measurer—Frank D. Child. ye 3 Committee—W. M. Whitney, John Jeffries, Jr. ; R. F, Clark, R. H. Stevenson, A. L. Huntington. CARD EROM JOHN J. DWYER. Brooxurs, Feb, 16, 1876. To rae Epitor oy tae Herauy:— During the past two or three days 1 have noticed that my pame is posted to spar for somebody's benetit at Harry Hill's Theatre to-morrow. As I have not given any one the authority to make this announce- ment I wish to place myself right betore the public by advising that 1 will not be present. Res; ee JOHN J. DWYER ANXIOUS FOR A BOUT. J., Feb, 16, 1876, Newari To rue Eptror or tnx Hematp:— Will you have the kindness to insert the following in your valuable paper? It baving come to my hearing that Mr. John Dwyer has expressed a wish to meet me ina private glove contest, I now challenge him for the sum of $ side, and will meet him to arrange to it on Friday, between one ‘lipper office. Yours, respect- GEORGE ROOKE. SPARRING EXHIBITION. The boxing element of New York will gather at Hill’s Theatre this afternoon, and in a friendly way contest for a silver cup. Steve Taylor, Pete Croker and others equally well known are announced to be present. A DISHONEST CLERK. A young and fashionably dressed man named George Adams was taken mto custody yesterday afternoon on & warrant charging him with grand larceny. The warrant was issued by Justice Morse, of Brooklyn, and executed by Officer Noonan, who brought the soner before that magistrate. The accused 1s alleged bo ber olen during the past six months nearly $1,000 worth of property belonging to Messrs, Sch & Gri importers of Jewelry, do aean os Ne 2 and 22 John atréet, New York, re he was employ as a cleri © complainant the employ of hat firm, guimity connecting her with the culprit, has set her face | againas the payment of another dollar to counsel. | BOARD OF EDUCATION. BEPORTS OF SUPERINTENDENTS—UNSAFB AND DANGEROUS BUILDINGS—GEADUATING aT THE NORMAL COLLEGE. A regular meeting of the Board of Education was held Yesterday afternoon at the hall, corner of Elm and Grand streets, the President, Mr, William Wood, in the chair, and all the Commissioners being present’ His Honor, Mayor Wickham, was present and occupied @ seat on the platform to the left of the President, In calling the meeting to order Mr. Wood announced the presence of the Mayor, and a recess was then taken for fifteen minutes to allow the Commissioners to pay their respects to him, On the return of the Board to order the report of the City Superintendent for the month of January was read. It stated that examinations had been heid in the schools of the Fourth, Fiftn, Seventh and Nineteenth wards, the instruction in sixty classes out of the 128 examined being excellent, in sixty-six good, in eighteen fair and in ove indifferent. The discipline in 203 of the classes was excellent, and in the others fair, The overcrowding in some of the schools was complained of, and some restriction as to the admission of pupils recommended, The average attendance for the month at the grammar and primary schools was 101,178, which was 7,353 more than in January, 1875, The total number on register in these schools showed an increase of 5,907 over last year, The number of pupils refused admis- sion during the month for the want ot accommodation was 205, chiefly in the Ninth, Tenth, Fifteenth. Seven- teenth, Nineteenth, and Twenty-second wards. A communication from Comptroller Green asking for a complete list of all officers and employés under the Board of Education, with the amount of salary paid to = was read and referred to the Committee on By- laws, UNSAFE SCHOOL HOUSES. The following communication from the attorney to the Dopartment of Buildings was referred to the Com- mittee on Buildings:— . ‘The Superintendent of the Building Department has re- turned to me for prosecution against your Board several Feports of violation of the building law. the school No, 2, No, 101 ‘ard street, lacks sufficient means of ogress or escape in case of fire, and requires an additional line of stairs from the second to the third story. ‘The school house, No. 516 West Fifty-second stre "I not sufticient means of egress or escape in cane of fire, and ires an additional line of atairs inside, and also seuttles jonary iron ladders leading to the root and outside fro escapes. i wildings Nos. 222 and 224 East Seventy-fifth street, rary 1 house, and occupied datiy by 700 chil: dren, is not provided with fire escapes or sufficient means of caress and escape therefrom In caso of dre, wnd requires ant dditional ineans of egress nud escape by the erection in the rear thereof of practical fireproof fir to consist of double balconies and stairs at eact rom the upper story to the ground. ‘These are violations of which notice has several times been given t tendod to. It is not my desire to institute any procaodings calculated toenforce the law against your Board, but the violations complained of endanger thé fives of a large number of ehil- entioned in proper condition. z TRUANCY. ‘The report of the Superintendent of Truancy gave the total investigations for the past two weeks as 737, of which 584 were not classed as truants, and of which 199 were returned and placed in school and four com- mitted to the care of the Society for the Reformation of Juvenile Delinquents. The report of the Committee on Buildings, recom- mending an appropriation for the erection of wings to Grammar Schoo! No, 7, in Chrystie street, was adopted. Commissioner Klamroth opposed the appropriation, as, in his opinion the building as it stands 18 unsound, NORMAL COLLEGE GRADUATES. ‘The following report, presented by the Committee on Normal College, in reference to the granting of licenses to teach in the public schools to the graduates of the Normal College was adopted :— The questions for'examination, previously prepared by the faculty of tho Normal College, shall be submitted to the Cis; Superintendent and tho Prexident of the college for suc Jon, modifications or additions as may be deemed requl- by either of snid officers; bat such changes shull be con- fined to the branches of study included in the course of struction prescribed for 1 be m within five days after the sald questions shall have been j sented te said officers. All differences of opinion between the City Superintendent and the President of the Normal College as to the questions submitted shall be adjusted within five days b; mittee on Normal Collog ‘The City Superintendent shall attend in 3 may be necessary, at the written examination of candidat in order that be may fully inform himself of the method of ting the same, and the Inspectors of Common Schools, who by law have the legal right of concurrence, with him in Awarding teachers’ licenses, sball be notiied, so that they Wkgwige may be prosent. xainfnation pape! ‘ining the written answers of andidates, after t II have been duly road and marked under the direction of the President, shall be sub- mitted at the college building to the City Superintendent und two of the said inspectors, In order that they may be in- formed of t hod und accuracy of said markinw; but the said examination papers shall not be taken from the college building, nor removed (rom the custody of said President, ‘All candidates who shall receive erage in all the marks given thereup: nty-tive provisional licenses to teach. In the oral examination to be conducted by the President or instructors in the colloge the City Superintendent shall bo present, with such of the inspectors as may desire to at- tond, and the City Superintendent may participate in suid examination. In case of the inability, on account of sickness or other- wise, of the City Superintendent to dischurge the duties hereln detined, they shall, by such one of his associates as he may designute. ‘The City Superintendent i award the certificates of license on the cecasion of the public graduation of said ean- didates. MISCELLANEOUS BUSINESS. ‘A resolution proposed by Commissioner Goulding providing for paying the salaries of special teachers on school holidays and during the summer facation as the regular teachers are paid was unanimously adopted. After considerable discussion it was resolved to con- tinue the primary school now being conducted in a portion of Nos. 15 and 17 East Third street, provided the apartments can be hired ata rental not exceeding $1,500. Theodore Van Cott was appointed Vice Prin- cipal of Grammar Schoo! No. 68, in the Twelfth ward. The work entitled “Literary Selections for the Nor- mal College” was, on the recommendation of the Com- mittee on Normal Colleges, ordered to be excluded as a required by law, be performed | of primary department, Grammar School No. 6, whose services wero discontinued at the previous meeting of the Board, owing to the decreased attendance ot popils in her Pith J wasyetained, it being considered an injustice to dismiss her. The school itself is likely to be discontinued &s unnecessary. The report on courses of German and French studies in the three higher gredes of the grammar schools was read and adopted. A resolution was adopted ordermg the print- among parents and children throughout the city, call- ing attention to the necessity for the vaccination, and when necessary the revaccination, of children attend- ing the public schools. A certificate as to the vaccination from any physician in good standing, or to the effect that: revaccination is not necessary, will be considered sufficient. Board of Health physicians will call at the school in accordance with notice to be previously given, or children will be vaccinated at the office of the Board of Health, Ex- pulsion from the school will followa refusal of the parent or children to have the vaccination performed. | A resolution was adopted instructing City Superintend- | ent Kiddle and Professor Scott to prepare a history of the public school syst of this city, with an account of the schools and coMeges under the Boardat the present time, the object of the work b to afford visitors to this city during the Centennial year who may desire to make themselves familiar with our com- mon school system an opportunity toglo so by means of this compendium. SCHOOL RECEPTIONS. The boys’ department of Grammar School No, 11, in of Washington’s birthday by a reception of its friends, and those of the public schools generally, on the morn- ing of February 21, The closin, ‘oises and reception of the Nineteenth Ward Male Evening School, in East Forty-second street, will take place this evening. WHEN BURGLARS WORK. To tae Epiror or tae Hera: My store having been robbed lately has tended to solving the question I remained in my store for over two hours after it was closed last night, and timed the policeman on duty, 1 found that it toox him one hour and fifteen minutes from the time of leaving till his return to my store, 1 think you will agree with me that when thoofficers bave such long beats it is im- possible for them to tr 4 guard the property of citizens. I may bere state that the patrol is ftom Fiftioth to Forty-second street and from Third to Lex- ington avenue, HERSCH MYERS. WHO DISCOVERED THE BURGLARY? To tas Eptron or tax Heray:— Will you excuse my trespassing on your space and insert the following as an act of justice? The account of the silk burglary at my store on Sunday morning was inaccurate in most of its particulars, It dis- covered by one of my clerks who sledps in the store, and not by myseif I never make a practice to go to the store Sunday mornings. He left the store at nine for his breakfast, and on returning at ten discovered alarm did not sound. This led to the detection of bur » The store was searched four times during the day, and it was not until evening, when five or six-of my clorks were sitting in the store, that make another to search, the cellar discovered senaiea by cases of gooda, They credit of the recov: of the goods, and not the de- tectives ites," Oflcer Place was ot called in un- bad been secured. The hallway of tho access to the the! and The 1@ Board of Education, and should be promptly at- | dren, many of whom could not in an emergency protect themselves, and {shall feel itm: ite unless cement Is made wit to place the | per cent, and who shall not fall below th: rd in Eng fish grammar and arithmetic, nor in’ spe ng Delow elgty por cent, shail be entitled to diplomas. of graduation and to | Observations in His Travels Over England.” text book. Miss Margaret Hebbard, Vico Principal | ing of 10,000 copies of @ circular, to be distributed | West Seventeenth street, will celebrate the recurrence’ make me somewhat anxious as to bow the property of storekeepers is guarded at night, With tho idea of @ hole, concealed alone are entitled to the je open during tne day, and the NEW YORK HERALD, THURSDAY, FEBRUARY 17, 1876.—-TRIPLE SHEET. - ST. VALENTINE’S DAY. THE FESTIVAL'S ORIGIN—HOW ENGLAND COPIES AMERICA—THE POETRY OF THE SEASON— PEPYS AND HIS FUNNY DIARY—FIVE POUNDS FOR BEING HIS WIFE'S VALENTINE. It would be curious to know how many of the hundreds of thousands of persons who annually on or about the 14th of February deposit in the post offices hundreds of thousands of envelopes containing ‘valentines’? have any knowledge or even inkling of the orgin and history of the once peculiar and interesting custom which they perpetuate, Like almost every other cus- tom of old times, this one bas gradually become cor- rupted and misused until it hag lost almost every foa- ture that once distinguished it and rendered it charm. ing. In America and England the festival has degen- erated into a mere vehicle for exchanging either taw- dry paper, “cut work and crinkle-crankle” (to use an expression of Sir Christopher Wren), or, what is still worse, among the lower classes ridiculous and vulgar caricatures. Of late, however, there has been an improvement in the better kind of valentines, It has devolved upon America to set the English people a fashion in valen- tines which is at once beautiful and appropriate, We allude to the large cards, with figures in color, on black background, which are to be seen in every fancy sta- tioner’s shop window in London as well as New York. In London their sale this year was very great, Most charming is the design, showing the introduction of a gentleman to alady—his presant valentine and future wife, no doubt—by a chubby little Cupid standing on a table between the two, Of another kind, but equally pleasing, is a card entitied “One Touch of Nature Makes the Whole World Kin,” a young girl feeding a pretty white pony and surrounded by her other pets. ‘The design and color are charming, Such valentines as these must give a final blow to the old ones, and English lovers and sweethearts have to thank America this year for teaching them what | can be done in this way when real taste and knowledge of the value of color are broaght to bear. ST, VALENTINE. It would astonish the vast majority ot valentine send- ers to be informed that the saint whose martyrdom is commemorated on the 14th of February has nothing | whatever to do with the custom to which his name has | Valentine was a holy priest in Rome, | been attached, who assisted and encouraged the martyrs persecuted in the reign of Claudius Il, Summoned ‘before the Pre: fect of Rome, he persistently refused to renounce his faith, and was, in consequence, sentenced to be beaten with clubs and beheaded. “He mgt this fate on the 14th of February, in the year 270, PAGAN ORIGIN OF THE CUSTOM, Since we cannot find in Christian times any clew to the origin of the custom, we must ascend to a remoter date, to the classic days of paganism, from whose mythology so many observances have descended, through the Middle Ages, to our own day. In ancient Rome was celebrated every year on the 15th of Febru- ary a festival called ‘‘Lupercalia,” in honor of Luper- cus, the god of fertility, This festival was of ancient origin and derived from the early nomadic tribes of shepherds. The Luperet, priests ofthe god, assembled on this day, sacrificed goats and puppies and then partook of @ banquet, at which wine flowed freely, Then, partly clotaing themselves in the goatskins, in imita- tion of Lupercus, who was represented as half nude and half covered with goatskins, they cut thongs of the same material and ran about the city, striking or touch- ing all who caine in their way, especially women, who believed that the ceremony made them fruitful, Part of the ceremonies, or rather orgies—for such they were—was the drawing out of a box by youths the names of young women, and it has been thought that the early Christian pastors, who were zealous in endeay- oring to root out lingering Pagan superatitions, substi- tuted the names of saints for those of women, and thus, while preserving a ceremony which the common peo- ple from timo immemorial had observed, imparted to it # more moral and Christian character. The known mm- possibility of inducing the people to abandon their Ancient customs and festivals forms perhaps the strong- est argument iu favor of the classic origin of Valentine's | Day ; but there may be some’who prefer to derive itirom the Religion which once swayed the'minds of the whole human race; or, to use the words of an etymologist of old times, Batley, that, “as about this time of the year the birds watch or choose thence the young men and maids choose valentines or special loving friends on that day.” THE DAY IN THE MIDDLE AGES. We find frequent mention of St. Valentino’s Day in the chronicles of the Middle Ages, and of more recent times Chaucer, Lydgate and Shakespeare speak of the festival, and ‘in Charles, Duke of Orleans, who was made prisoner at Agincourt, we have one of the earliest composers of Valentine’s Day verses. Drayton wrotea beautiful love lay to his valentine, commencing:— Muse, bid the morn awake ; winter now declines, Each bird doth choose « mi ‘This day's St. Valentino's and the poet Donne also celebrated in verse the mar- riage of the Princess Elizabeth to Frederick, Count Palatine of the Rhine, which was solemmized on St Valeutine’s Day, 1614. Of the ceremonies which in more recent day: te. 1 simple teachings of nature, and that nature- | their mates probably | 5 A RURAL ENOCH ARDEN, The Startling Story of a Dead Far- mer’s Return to Life, LIVING, BUT LOST TO HIS FAMILY. The Complications Consequent on His Supposed Death. Sitvers Station, Pa, Feb. 15, 1876. The death on Wednesday of. last week of James Swingle, at the residence of his son, two miles from this village, saved his family from the consequences of most serious business and social complications—com- Plications resulting froma singular freak of the de- Ceased, who has been believed to have been dead for the past ten years and buried in the family graveyard. ‘The Swingle family is ono of the wealthiest in this section. James Swingle was a farmer and bad lived on the farm where he died for thirty-five years, Twelve years ago bis wife died and a year anda balf afterward, being sixty years of age, he married a young woman who had lived in his family for several years, She was twenty-two years old, He had six children, all older than his second wife,-and three of them married. She being an estimable woman, however, the match was acceptable to all. Old Mr. Swingle was ono of the most prominent men in the township, a devout member of the Baptist Church anda man generally respected, SWINGLE’S DISAPPEARANCE, In the fall of 1865 Mr, Swingle purchased through the agency of William Wiltsey, a lawyer of this place, an addition to his farm for $1,800. One rainy evening in October of that year he left home with the above sum of money, telling his wife that he was going to the station to pay it to Wiltsey, He did not return that night, but the fact created no uneasiness, as he occasionally remained over night in the village, Not appearing the next day, however, inquiry was made for him in this place. He had paid the money for his purchase and received his deed, and had been seen to mount his horse about nine o'clock in the evening, and, although it was very dark and stormy, start toward home, At that time there was an organized gang of desperadoes in this region, whose exploits in horse and cattle stealing and other depredations had made them 4 terror to the people, They were under the lead of a man named Jim Smith, and it was believed by many that they were guilty of blacker crimes than stealing horses. When it became generally known that farmer Swingle had mysteriously disappeared it was stated by several that two of the worst members of Smith’s gang—‘‘Feeny’’ Gowan and a Frenchman named Du- bo.s—had been seen at the station that night, and it at once became the general belief that the farmer had been waylaid by them, robbed and murdered and his body hidden in the woods, This theory was given a still stronger foundation by the statement of Mra, Mary Mosher, a widow lady, who occupied a house in a lonely place on tho road about midway between the station and the farmer's. She appeared in the village in the midst of the excitement caused by the supposed murder and said that somewhere about twelve o'clock on the night tn question sbe was awakened by the sound of voices in the road in front of her house. She got up and looked out, but it was so dark that she could seo nothing. As sho was re- turning to bed she heard the cry of “Murder!” re- peated ‘twice; then the sound of groans, and footsteps urrying away down the road. Afraid ‘to go to sleep again, with the cries ringing in her ears, Mrs. Mosher awaited tho return of day, confident that it would veal to her the mutilated corpse of a murdered man victim, no doubt, of Jim Smith's gang of cutthroats. AS soon as It was light she looked out, but saw no evi. dence of a murder. Going out into the road, however, she discovered signs of a struggle, and several pools of 00 LOOKING FOR TUE SUPPOSED MURDERERS. This story settled any doubt that might have existed as to the murder of the farmer, and armed bodies of men hunted the woods for miles, seeking the supposed murderers and the body of the murdered man. Tho feeling of the public against the Smith gang was so intense that the leader left the vicinity, which re- sulted in the breaking up of the organization, no mem- ber of which has over been seen hereabouts since. The day after the disappearance of the farmer his horse was found tied in the woods near the road, about half a mile from his house. The search for his body was kept up for weeks, and large rewards were offered for any information that would lead to traces of his mur- derers, all to no purpose. The matter at last ceased to excite any interest in the community, and was alinost forgotton save by his family and immediate friends, when a circumstance occurred which brought it again forward as a popular topic. DISCOVERY OF A SKELETON, Some eighteen months after the farmer's disay ance a man named Gable, while fishing in are ‘opea attended the choosing of the ‘special | Pond, on lands belonging to the Swingle farm, a mile loving friends” we flod a quaint account in the writ- | or so from tho house, discovered the skeleton of a man ings of M. Misson, ‘“‘a judicious and ingenious French. man,” as his translator calls him, who published in the early years of the last century his “Memoirs and We find him recording his Impressions of Valentme’s Day as follows:—‘‘On the eve of the 14th of February, St. Valentine’s Day, a time when all living nature inclines to couple, the young folks in England, and Scotland, too, by a very ancient custom, celebrate a little festi- val that tends to the same end. An equal number of maids and bachelors get together, each writes thoir true or some feigned name upon separate billets, which they roll up a w by way of lots, the maids taking of the young men lights upon valentine, and each of the girls upon « young man which she calls her's, By this means each has two valentines; but the man sticks faster to the valentine ‘that is fallen to him than to the valentine to whom he is fallen, Fortune having thus divided the company into so many couples, the valentines give balls and treats to their mistresses, wear their billets sev- eral days upon their bosoms or siceves, and this little sport often ends inlove, This ceremony is prac- tised differently in different counties and according to the freedom or severity of Mme. Valentine (|). There is another kind of valentine, which is, the first young man or woman that chance throws in your way in the street or elsewhere on that day.”? It is no doubt this “other kind of valentine” which was in the mind of our ever welcome, gossiping friend Samue! Pepys, when, on the 14th February, 1661, he informs us that he was “‘up early, and to Sir W. Bat- ten’s, but could not go in ull I asked whether they that ‘opened the door was a man or a woman, which, with his tone, made laugh; so up I went and took Mrs. Martha (Sir Wilifam Batten’s daughter) for my valentine (which I do only for complacency) and Sir | W. Batten he go in the same manner to my wife, and 80 we were Very merry.” Besides the above we find many other mentions of these festive jovialities in the pages of this chatty chronicler’s diary. In the preceding year “my wife, hearing Mr. Moore’s voice in my dressing chamber, got herself read: id came down and challenged bim for her valentin and in the year after, “I did this day purposely shun to be seen at Sir W. Batten’s be- cause I would not have bis daughter to be my valen- tine, as she was the last year, there being no great friendship between us now as formerly. This morning in comes W. Bowyer, who was wy wife's valentine, she having, at which I'made good sport to myself, beld her hands all the morning that she might not see the paynters that were at work in gilding my chimney piece and pictures im my dining room,”’ Next year by i seems to have met with a surprise, for on Shrove Tuesday (March 3) he was giving a din: “ner to some frieuds,-in the course of which “Mrs. The. showed me my name upon her breast as her valentine, which will cost me 20s.’ On one occasion Pepys who dearly loved a joke, tried to “sell” a visitor, Dicke Pan, who came betimes “to be my wife’s valentine, and came to our bedside. By the same token I had him brought to my side, thinking to have made bim kiss me; but he perceived me, and would not; so went to his valentine: a notable, stout, witty boy!” OLD FASHIONED ENGLISH VALENTINES. As to the style of tho old time valentines we find that, in 1666, “Come up to my wife's bedside little Will ercer to be her valentine, and brought her name writ upon blue paper in gold letters, done by himself, very retty ; abd we were both well pleased with it, But,’ E goes on to with whimsical pathos, “I am also this year my wife's valentine, and it will cost me £5; bat that I must have Jaid out tf we had not been valen- tines.”” Of the costly nature of some of the gifts which ex- changed bands in those days we bave in the same pleasant pages. Mra. Stewart, one of the beau- tes of the Court of Charles IL, afterward Duchess of Richmond, received from the Duke ot York, being once her valentine, ‘‘a jewel of about £800, and my Lord fey A valentine this year (1667), a ring of Lees extravagant but much more interesting were some of our anthor’s own gifts. “In the afternoon my wife and I and Mrs. Martha Batten, my valentine, went to the exchange, and there upon a payro of embroydered and six payre of white gi T laid out 408. upon her.” Sir William Batten in the same year sent Mrs. “half a dozen Pinot gloves and « pair of silk stockings and garters.” A few lines fur- ther on Pepys records, ‘ ralontine had her One gloves on at charch to-day 1 give her.” Let us hope he was not brooding ket, of which th m. To Mercer, one of his domestic servants, probably, awe find ber ‘calling up’? one valentine's i ov loss to his morning, he gave a ‘gui Y, ft, ?? was, however, himself it “by agreement to be so to her every year; and this year I find it ts likely to cost £4 or £6 ina ring for her which she desires.” Hage = B- ast of Pepys’ vaien' gossip records that in 1 ho “went to bis eosen Turner’ where, having the last might been told by her that she had drawn me for her Hoe, f aid. tte call at the New Exchange and dou; o silk stockings and garters and shoe strin, two pair of jessimy gloves, all coming to about ‘And so we Jeave our author and our subject, exclaim. ing with the old poet, This day more cheerfully than ever shine, ‘Tele Gay wales msigat taseme thyselt, it her @ pair ani ” and the men the maids’; go that each | a girl that ho calls his | ¢ gloves’ may have reminded | saeess, between his son and bis widow 0 community being with bim, lying on the west shore of the pond. A cabin which had been long known as a rendezvous of the Sinith gang stood about a quarter of a mile from the spot, in adense part of the woods. Gable made his discovery known, and the remains were gathered up by the farmer's family, they believing that they were his, although there was nothing found fixing their identuty. They were buried in the family graveyard, and a stone setting forth the circumstances connected with Swin- gle’s death was placed at the head of the grave.’ An administrator of the estate of the deceased was ap- pointed, and his property equally divided among the childre: The homestead fell to the lot of the old farmer's widow, and the youngest som, also named James, continued to live there and superintend operations on the farm. A STARTLING DISCOVERY. In 1869 he married the widow of his father, and the couple were living in unruifled ease with three children that had been born to them, when in the early part of Jast month the young farmer was given a letter at the Village post office addressed “To any living member of the Swingle family.” The letter was postmarked at Cleveland, Ohio, Opening the letter the farmer was astounded to Ond that it purported to be written by his father, long believed to be dead. It was as follows;— OLeveann, Dec. 30. Tam very sick and penniless among strangers. Iwas on my way home whon taken sick. Somo of you cone tome at once and I will explain all. 1am at «sailor's lodging house by the lake, JAMES SWINGLE. The letter was written in a cramped and trembling hand, but it resembled specimens of the old farmer's writing of years ago. The family was divided in their opinion of the letter, some believing it to be the work of some one who was playing on their feelings, and others were certain that 1t was genuine, All agreed, however, that, in the latter case, the return of the old man would result in consequences the end of which it was impossible to foresee and involve them all in com- plications it would be impossible to evade. The mar- Tiage of the son James would be illegat aud his children Hlegitimate; while the dispositions that had been made of the old man’s property might lead to most disastrous litigation. It was anally decided, however, that one of the family should proceed to Cleveland and mvestigate the matter, and one of the sons started at once for that city. THR OLD MAN DISCOVERED. Arriving there, he searched the lodging houses—as. Indicated in the letter—and, finally, found one where there was a lodger by the name of Swingle. The old man lay on a mattress on the floor of a meanly fur- nisbed room, and, although greatly changed, was at once recognized by his son. ben the latter made himself known the old man was nearly beside bimseif with joy. He was very ill with fever and became de- lirious soon after the arrival of his son, and it was some days before he could be removed to better quar- ters. Three weeks passed before he was in condition to be taken home, and during that time he could be in. duced to say but little about his strange disappearance, He said that be left while under the influence of an impulse which he could not control, and after travelling about for a few days he was ashamed to return and resolved to go West with about $5,000 he bad with him and invest it in some way, and after he had increased it sufficiently to return home and surprise his family. He went to California and from there to Australia, where he made $116,000 in five years and came back to California, where he lost it all, inking thet he was drawing near his death, he determined to return home and was taken sick with fever at Cleveland. He refused to enter into any details of his ten years’ absence until he recovered from his iliness, HIS RETURN HOME, The return of the supposed dead man to his native Place created a still greater sensation than his disap- had. He was taken at once to his old vr. ol took her place at his bedside, and occupied ti one striving by king care and m plicated were the family affairs that it is not strange when the physician attending the old farmer announced that it was impossible for him to recover, that they felt a sense of relief at the verdict, He died as stated at the commencement of this letter, and never know jon on po and suspense to whicl bis return had sub- every member of his family, A RE-MARRIAGE. After the. farmer was buried, the marriage performed, the i sympathy of the IDENTIFYING THE SKELETON, PAS og ikeloton that was found at Lake Topee again bo- mi ,