The New York Herald Newspaper, December 8, 1878, Page 5

~~ the oath and give the bond required by law to. be taken -sion shi moter parts of the WASHINGTON, Feeling Over the New York Appointments. SPECULATIONS OF THE QUIDNUNCS Rumors of Conflicting Inter- ests Reconciled. pases reer VES FOR A CONFIRMATION, — FROM OUR SPECIAL CORRESPONDENT, THE CHA Wasnineton, Dec. 7, 1878, THE NEW YORK APPOINTMENTS. ‘The question ‘‘What is to become of the New York Custom House appointments ?” has a great attraction for the political gossips here. They were sent in Some days ago, and were referred to the Committee on Commerce, of which Senator Conkling is chair- man. Mr. Conkling arrived here yesterday, and Mr. Cornell has also been here. There has been no meeting so far of the Committee on Commerce, nor has. any been called, The regular meeting day of the committee is Wednesday. These are all the facts of the case, so far as they are publicly known here, and a good deal of curiosity is felt about what Mr. Conkling is going to do. His friends profess ab- solute ignorance of his purposes, and the adminis- tration republicans are as ignorant as Mr. Conkling’s friends pretend to be. ‘The gossip of political circles here runs in different veins. Some of the quidnupes pretend to know that Mr. Conkling has settled upon Mr. Cornell as the republican candidate for Governor next year, and from this they guess that no fight against the Presi- dent’s nominations will be made; but persons who pretend to have taken some pains to ascertain the facts, and who are in a position to know, assert quietly but positively that if Mr. Conkling chooses to oppose the nominations he can defeat them again as certainly as he did before; that he can count on pretty much every vote he had before, and perhaps on some new ones. It is probably true, however, that no movement against the confirmation has yet begun. The Committee on Commerce usually has one or two meetings each week. If it should meet on Wed- nesday, the 11th, and then adjourn fora week, its second meeting would be held just a day before the day on which it is pretty well settled that Congress will adjourn for the Christmas holidays, and unless Mr. Conkling, or some other Senator, should energetically press the nominations they would in that case go over until after New Year's and would, in fact, receive no atten- tion until after Mr. Conkling is re-elected to the Senate. * It is asserted here in some quarters that under the Tenure of Office act, even if General Merritt were re jectea by the Senate the President could keep him in office until the expiration of the present Congress, on the 4th of March, and that, while General Arthur would then resume his place as Collector, the Presi- dent could and would at once suspend him again. But section 1,768 of the Revised Statutes does not en- tirely support this view. It is in these words :— During any recoss of the Senate, the Prosident is authorized, in his discretion, to suspend any civil officer appointed by and with the advice snd consent .of the Senate, except judges of the courts ‘of the United States, until thoend of the next session of the Senate, and to designate some suitable person, sub- ject to be removed, in his discretion, by the designa- tion of «nother, to perform the duties of such suspended officer in the meantime. and person so designated shall take the ahd given by the suspended officer, and shall, durin, the = pes the tutics of such’ offices: be entitled to the salary and emoluments of the Condo part of which shall belong to the officer sus- The President shall, within thirty ys after the commencement of each ses- sion of the Senate, except for office any which in his opinion ought not to be filled, nomi- mate persons to fill all vacancies in office which ex- isted at the meeting of the Senate, whether tempo- rarily filled or not, and/also in the place of all offi- cers suspended, and if the Senate during such ses- refuse to advise.and consent to an appoint- ment in. the place of any suspended officer, then, and not otherwise, the sident shall nominato another m, as soon as practicable, to the samo session of the Senate for the office. It will be seen from the last sentence in this section that the nomination being rejected the President is Fequired to nominate another person to the same ses- sion of the Senate. Morcover, other persons point to section 1,769, which provides that: — ‘7 If no be Logbeabera by and with the advice and con- sent of the Senate is made to an office so vacant, or temporarily filled, during such next session of the Senate the office shall remain in abeyance without any salary, fees or emoluments attached thereto yntil it is filled by appointment thereto by and with the advice ‘and consent of tho Senate, and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. Under this section it is held that the Collectorship will become vacant after the 4th of March unless at this session of the Senate General Merritt or some other person is confirmed, and that if no one is con- firmed the President cannot lawfally place any one in the office after the 4thof March until such person is actually confirmed, On this account it is guessed in some quarters that Mr. Conk- ling may prefer to prevent the confirmation of Gen- eral Merritt, delaying action on it as long as he can with the purpose of compelling the President either to nominate some one unobjectionable to Mr. Conk- ing or to cause @ vacancy in the office after the 4th of March. But now come still others who believe that Mr. Conkling will make no objection atall to the confirma- tion, but on the contrary report it favorably himself ahd ask the Senate to vote it. These persons sce in the unexpectedly prolonged absence of ex-Senator Fenton in Europe evidence that he and Mr. Conkling have come toa mutual friendly understanding, that it is @ part of this understanding that Mr. Conkling shall support General Merritt and Governor Fenton's friends shall make no trouble for Mr. Conkling and give no help to Governor Morgan or any other rival aspirant for the Senate. Finally, it must be said that there appeara to be but little feeling in the Senate on the question at this time, and unless there comes about a very great change the Senate will adopt with but few dissent- ing voices whatever report Mr. Conkling may choose to bring it from his committee, while it is quite cer- tain that the committee will report whatever Mr. Conkling desires it to. CRUISE OF COMMODORE SHUFELDT IN THE TICON- DEROGA. Commodore Shufeldt, who sailed to-lay on the Ticonderoga from Norfolk, bound in the first instance to Madeira, goes on a long and important voyage, From Madeira he will «ail by way of the Cape Verde Islands to Sierra 1. where he is to meet the British and the Liberian Commissioners for the purpose of settling the northwest boundary line be- tween Sierra Leone and Liberia. The Liberians re- quested the United States government to act aa arbi- trator in this dispute, and Commodore Shufeldt has been appointed by the State Department to act for this government. From Sicrra Leone he will sail to Liberia, where ho will remain a couple of months to aid the government there in its difficulties with the native tribes. Thence he goes to the Gaboon and next he will ascend tho Congo River with his ship as far as he can safely take her, and then make a further exploration in # steam launch, his desire being to go as far as the lower falls and fo show the American flag in those remote waters. After leaving the Congo he will proceed to Loando, Cape Town, Dela- goa Bay, Madagascar, vibar, the Commoro Isler, Aden, and possibly up the Persian Gulf and finally to Bombay, Singapore and Rangoon, and it is his purpose to make some special examination of the great island of Borneo and to visit New Guinea and the coasts of China and Japan, His special instructions are to look after trade, to make full reports of the commercial possibilities ot the coasts he visits and to show the flag in the re- rth, The, corps of, officers has a Me ae | NEW YORK HERALD, been carefully selecteil for the objects of the voyage, several of them being skilful naturalists, GENERAL WASHINGTON DESPATCHES. Wasuincton, Dec, 7, 1878. THE OMISSION OF THE HOT SPRINGS COMMIS- SION CLAUSE FROM THE CIVIL SERVICE BILI-- TESTIMONY BEFORE THE INVESTIGATING COM- MITTER. The Senate committee, consisting of Messrs, Cam- eron, of Wisconsin, Eaton and Randolph, appointed to inquire into the omission of the Hot Springs clause from the Sundry Civil Appropriation bill, met at eleven o'clock to-d Mr. George H. Johnson, & clerk in the Post Office Department, testified that he met Senator Conover in the street last Augnst, near the Ebbitt House, and had a conversation with him in reference to an attack made on the character of both by a Mr. Benson, of the ‘Treasury Secret Service. Prior to the interview had never conversed with the Senator in relation to the Hot’ Springs matter. Benson and another employé of the Secret Service division of the ‘Treas- ury had called at the Post Office Department and desired him to tell them all he knew about the Hot Springs matter. One of them asked him whether he had been to New York in January in the interest of certain parties in Washington; told him he had not; also informed him that he (Johnson) was not at the Capitol on the last night of the session. Tho larger man of the two said they had the aftid: three persons that he had been seen waiting around the hall of the Senate and had been seen totake the paper from Mr. Rice, Senator Conover's clerk, who told him to get away with it, Witness replied that it was a pack of damned lies, and suggested that there was some mistake about it. Witness went to Acting Postmaster General Tyner after this interview, and told him an out- rageous attack had been made on witness and Senator Conover, and asked leave of absence for a few days in order to investigate the nature of the attack; did not ask who made the affidavits, for he did not beiieve any had been made; had had conver- sations with W. P. Rice in relation to the matter; Rice characterized the whole story as an outrageous tissue of falsehoods, calculated and intended to in- jure Senator Conover; had no knowledge of the ab- straction of the papers, and had never said that he had. Mr. W. P. Rice, of Pensacola, Fla., clerk to the Sen- ate Committee on Enrolled Bills, was next examined. He stated that he had been clerk to the committee for three sessions; was inthe committee room on the last night of the session of Congress; Johnston was at the Capitol, if he recollects aright, during the afternoon, but did not see him during the night; the Sundry Civil Appropriation bill did not come to the Committee on Enrolled Bills at all; it was taken by Captain Bassett direct to the Presi- dent of the Senate, who had advised him that there was scarcely time for it to go through the committee without necessitating another recess. It was nearly seven o'clock A. M. when the bill came over. Captain Isaac Bassett, assistant doorkeeper of the Senate, was next called. He had been an employé of the Senate over forty-eight years; the Senate adjourned at seven o'clock on the morning of June 21; knew nothing of the Sundry Civil bill beyond that he received it from one of the clerks of the Senate and carried it to the President, who was in the President's room; this was five or ten minutes before the adjournment of the Senate; the bill was not tied up as usual, but the pages were loose; did not take it to the Committce on Enrolled Bills, because he could not find Mr. Con- over; informed him after adjournment what he had done, when Mr. Conover told him he had been asleep on a sofa; did not see Mr. Rice or any one connected with Mr. Conover's committee; after the President signs a bill it is left with the President. Mr. Britt, of the Secret Service office, was present, but asked to be permitted to have till Monday to examine certain papers, which request was granted, and the committee adjourned to ten o'clock Monday, when Messrs. Britt and Benson, of the Secret Service division, will be examined, ‘TRE FORTUNE BAY OUTRAGE. An agent of the Department of State who left here for Boston some time since to inquire into the cir- cumstances attending the attack on American fisher- men in Fortune Bay has returned. ‘The fishermen’ who have submitted demands for reclamation num- ber, up to the present date, about eighteen. Tho grounds upon which they base their claims and the nature and extent of their losses will, from present indications, form an important and delicate subject of negotiation with the British government and will involve a considerable sum of money. THE CHARGES AGAINST MINISTER SEWARD, Representative Springer’s committec conducting the investigation of charges against George F. Seward, United States Minister to China, met to-day for the putpose of cross-examining ex- Consul General G. Wiley Welles, who gave tes- timony for the prosecution last summer. Judge Merrick, however, as counsel for Mr. Seward, protested against proceeding with the cross-examina- tion in advance of being made acquainted with the contents of the deposition which had been received by the committee from Dr. Bethune McCartec stat- ing the purport of sundry conversations at his house in which he participated, together with Messrs, Sew- ard and Bradford. Mr. Coleman, in behalf of Mr. Welles, insisted that Dr. McCartee’s deposition ought not to be opened at this time, and the committee, after hearing argument, went into secret seasion to determine the matter. When the doors were reopened the chairman an- nounced that the committee had decided to place the deposition in evidence on Monday next in advance of Mr. Wells’ cross-examination, and an adjournment was taken until Monday at ten o'clock. THE WEEKLY TREASURY STATEMENT. The Treasury now holds $49,693,500 in United States bonds to secure bank circulation and $13,883,400 in United States bonds to secure public deposits. United States bonds deposited on account of subscription to the four per cent loan. $3,842,950; United States bonds deposited for circulation for tho week ending to-day, $1,190,000; United States bonds held for circulation withdrawn during the week end- ing to-day, $1,088,500, National bank circulation out- standing—Currency notes, $321,979,126; gold notes, $1,468, 420. NATIONAL BANK NOTE REDEMPTION. ‘The receipts of national bank notes for redemption for the week ending to-day, as compared with the cor- responding week last year, are as follows :— 1877. £645,000 1878, $475,000 889,000 82,000 541,000 Miscellaneous Totals...... 4 $1,937,000 THE TAXABLE CAPITAL OF NATIONAL BANKS. ‘The Treasurer of the United States, in a circular concerning the method of arriving at the taxable cap- ital of national banks, does not admit that capital in- vested in United States bonds is to be ascertained by taking the price paid for the bonds, less the:accrued interest, prior to the Attorney General's opinion of October 21 last; but, a8 the Treasurer then stated in a letter to the Merchants’ National Bank, of Baltimore, only in futnre assessments national banks will be allowed to deduct the price paid for United States bonds, less accrued interest, in arriving at taxable capital, It was then stated that no claims for refund of taxes already paid would be entertaincd. Payment of semi-annual duty may hereafter be made by check on New York, in favor of the Treasurer of the United States, and «ont to him, or in favor of the Assistant ‘Treasurer in New York, wnd sent to that official. This is a result of the recent arrangement made with the New York Clearing House Association, THE DUTIES ON SUGAR, Assistant Secretary French, at the request of the Committee on Ways and Means, has prepared a bill toamend the laws as to the duty npon sugars, Tt will be sent to the committes on Monday. ‘The in. tention ia to simplify the law on this subject so as te end, the present controversy concerning different grades of sugar. It is probable that the three lowest grades will be abolished and designated as ¢ standard, THE NEW NAVAL ONSERVATORY. ‘The commission appointed by Congress to select a site for the new naval observatory presented their re- port to-day to Se-retary Thompson, who will submit itto Congress, The commission recommend an ap- propriation ot $25,000 the purchase of thesite se- ed on Georgetown Heights, which, they say, is in every respect suitable,~ ts B sU THE INDIAN QUESTION cnemneenrsinathronpenesensne Views of a Survivor of the Canby Massacre. HOW THE MODOCS WERE IRRITATED Testimony of Indian Com- missioner Hayt. aipmcceaieee THE QUESTION OF MONEY ——_——— Extravagance of the Military and Economy of the Indian Bureau, Wastinetox, Dec. 7, 1878. ‘The joint commission considering the question of transferring the Indian Bureau from the civil to the military department to-day heard the views of Colonel A. B. Meacham, at present editor of a paper pub- lished in this city under the title of The Councit Fire, and expressly devoted to Indian interests. He was chairman of the Modoc Peace Commission, and since that time had given his entire attention to the question as to how the Indians could best be managed, and is thoroughly convinced from personal observa- tions that the only solution of the problem is in civil- izing them in order that they may support themselves. In his opinion of the 265,000 Indians not over 100,000 of them require the presence of any military NDAY, DECEMBER 8, 1878—QUADRUPL force whatever. The Indians, he said, considered the military their enemy, and would not, in his opinion, yield to military dictation. If the Indians were to be saved at all it must be through the teachings of civilians rather than of military men, as the tone of the army was very grinding and humiliating to them, In the past twenty-five years he has not known a case where disturbances between whites and Indians have occurred except through the breaking of treaties by the former. A graduate of West Point, he said, knew nothing of the practical use of the scythe or of building fences, &c., which was almost absointely necessary for an Indian agent. He never saw an Indian who had friendly feelings toward the mili- tary. If men with practical ideas and good judg- ment should be appointed to fill the positions of Indian agents in the event of- the transfer of the Bu- reau, he did not consider that the transaction would be injurious to the Indian race; but it did not follow that such acourse of proceedings would be carried out. To deal successfully with the Indians required agents of sober, industrious and enterprising habits. In his judgment should the public lands be divided into severalty among the Indians in five years’ time the shrewd and greedy whites would have it all away from them. An Indian cannot possibly hold his own at any time against the whites when the latter are in- clined to swindle, aud such transactions would cer- tainly follow the settlement of Indians in severalty under territorial government. He knew it to be a fact that civilized Indians were not desirous of trying this experiment. THE TROUBLE WITH THE Monocs. The trouble with the Indians on the lava beds, in his opinion, was occasioned by the military. The Indians had agreed to mect General Canby and wit- ness under a flag of truce. Before the appointed time arrived, however, @ company of cavalry drove off some of the Indian ponies, thereby aggravating them and causing the fatal result which followed. Colonel Meacham received seven bullets in’ his body at the time, VIEWS OF COMMISSIONER HAYT. At the conclusion of his remarks Commissioner of Indian Affairs Hayt proceeded to give his views on / the subject. ’ “Although,” he said, “Secretary Schurz has fully expressed my views on the subject, there are a few instances of detail which I desire to lay before the Commission.” The first subject he treated was tho cost of army transportation compared with that of the Indian Bureau. The former, he understood, amounted to $4,000,000, while it seemed incredible that the amount of tonnage transported should cost that amount, The transportation paid by the Indian Bureau for the current year for 1,062 tons of freight from the Atlantic coast to the Missouri River was $13,875. If the freight of the army is transported at the same rate he thinks it would be utterly impossible to call up such an amount as General Meigs had stated as their annual payments for this service. The whole cost of transportation for the Indian ‘Bureau during the preceding year amounted to $219,000, and that for the current year will not exceed $225,000, The Commissioner, refer-* ring to the purchase of beef, said that during the last fiscal year had the army purchased the beef for the Indian supply the amount would have exceeded the actual cost under present management $644,000. On beef alone, he said, the rates paid by the Indian Bu- reau are $1 40 per 100 pounds less than those paid by the War Department. ‘THE REGISTRY OF INDIANS. Mr. Hayt then explained to the commission the method of ascertaining the actual number of Indians on the several reservations. Each agent is required to forward what is known asa weekly issue certificate of the national registry of Indian tribes. Under the former system it was nota difficult matter for an agent to charge up false rations—that is to say, to make requisition for a greater number of rations than he actually required—but under the existing method it is, he saya, utterly impossible for an agent to defraud the department. He considered that among tho seventy-four Indian agents in the government ser- vice there are ax many honest and capable men as could be found in the country. He spoke in complimentery terms of the military, and said they had his profound respect; but he did not consider them adapted to the requirements of Indian agencies. He did not, however, mean to say that Indian agents under the present administration had always been efficient, but at the present time he felt satistied that the service could not be improved. He was person- ally aware that the Indians were opposed to the pro- posed change, and should it be effected he predicted outbreaks from the existence of general dissatisfaction among the tribes. He thought it impossible, af looking into facts, for the commission to conc that the transfer would be a measure of econom He did not mean to contend that there wer in the army capable of managing Indian agencies as well as the present agents, but he did contend that the rigid military regulations would not permit them to do so, He was posttive should the department be tutned over to the maslitary it would embitter the whole Indian race againstthe United States govern- ment. THE. DUAL GOVERNMENT. So far as he knew with regard to the so-called dual yovernment no question of authority had ever arisen, a8 has been asserted. He detailed at length accounts and circumstance relating to the various Indian outbreaks, which a ready a matter of history. He recommended that the existing law permitting, military post traders to sell intoxicating, Kquora be annulled, liquor having # very demoral- izing effect on the Indians, who were sure to obtain it. He said army officers were allowed to disburse govern: ment funds without giving bonds, while Indian agents who handled government money were invari- ably placed under bonds, so that any loss to the gov- ernment by the misappropriation of tunds by Indian agents was entirely insured, and Indian agents, in his mind, as honest as army officers. I this eon- nection he read a state ps where frauds had occurred by army officers not under bond, thereby causing a considerable lows to the govern- ment. He explained at longth the difference between the two departments (War and Interior) inthe inspection of goods: The cost per dient igonerally paid by the Ind aon Bureau was $10, whereas as high as $126 per diem had been expended by the War Department tor the seme service. y ination by General Hooker, Mr. i that during his administeati there had been about fitteen agents dismissed for irregularities; about twelve had resigned, and ten or twelve bad been removed for inefficiency. Among thowe who had resigned. he knew of none who were deficient in their accounts. Indictments had been found against four or five agents for appropriating government property to their own use, But one case of indictment had tins far resulted in conviction. Others were awaiting trial, however. He thought fhe fact that an ariny officer had troops at hia command had w tendency to muke him act the master and the Indian and if the burean was under military rnling | methods would necessarily follow, and * itary rule is a word and a blow, and in many cas the blow is given first.” He thought the idea of di- viding the Indian lands into severatty was a good on and was of the opinion that Indians could soon man ae their own aftairs with proper instr recent tour of inapection made by he said Modoes 1 enterprising. Per on the other hand, who had been mporary, military manaye- ment and were sitnated in @ malarial district, generally suffering from fever. Some further cross-examination was indulged in by In reply to General Hooker, cliviting nothing important. Mx, Hayt asserted very emphatically that underneath tho Ltransfer of, the department, in his judgmont, lay great dangers—such as wholesale loss of life, expense to the government and the ill-treatment of a race to whom the American people should lend all the axsist- ance in their power—and that the question whether or notthe Indians should be placed under martial or civil law should be determined by the present Con- gress. ‘The committee then adjourned until Monday at ten ook. ATE JURISDICTION. FEDERAL AND | DEBATE IN THE VIRGINIA HOUSE OF DELEGATE: ON THE ACTION OP UNITED STATES JUI RIVES IN 2 + iRO CRIMINALS ONE OF TH ED—OPINION OF THE ATTOR: (BY TELEGRAPH TO THR HERALD.) Ricuatonn, Va., Dee, 7, 1878, There was quite a spicy debate in the House of Delegates to-day over the resolution of Senator John- son, of this city, proposing the appointment of a committee of five Senators and seven Delegates to re- port upon the socalled usurpation of Judge Rives, of the United States Court, in taking two negroes, ou trial for murder in the State Court, to be tried in the United States Court by a mixed jury, which they were denied in the former court. CONFLICTING VIEWS OF DELEGATES. ‘The adoption of the resolution was urged by sov- eval leading members of the House, but Mr. Fauntle- roy, of Frederick county, who is chairman of the Committee on Federal Relations, insisted, that by the rules of the House, the matter should be referred to his committee for action and report.’ Mr. Stevens was of the opinion that no action should be taken until the attention of the General Assembly is called to the matter by the Executive. Mr. Coghill, a prom- inent leader, was of the opinion that as the fac of public record the resolution should be adopted and the committee appointed. ‘The investigation, he said, was to be a legal one, and, if neces- sary, application could be made to Congress to provide a remedy for such interference in future, Mr, Fauntleroy again insisted that the matter should be referred to his committee for investigation on the ground of sound policy. In the course of his remarks he stated that, as to the point that the Governor had not infermed the General Assembly about this out- rage, fitat was of no consequence, and he considered it a8 much the province of the General Assembly as it was of the Executiv EVIDENTLY UNRECONSTRUCTED. Mr. Fauntleroy ry plain in his language about “federal outrages,” and in his spesch used the striking expression, “This force-constricted, bayonet- pinned, accursed Union.” This language is neither indorsed nor excused by the people here nor by the members of thi but is strongly depre- cated by both. M. y afterward approached the orters and asked them to substitute the word “meretricions” for “accursed,” alleging the former was the word he intended to use. The questio a the adoption of the resolution, me trom the Senate, was decided in the negative by a vote of 61 yeas to 44 nays—not the requisite two-thirds, OPINION OF THE ATTORNEY GENERA It is understood to-night that the Attorne; has given an opinion to Governor Holliday on the subject, in which he intimated that the State has no hat the action of Judge ) il Rights act and the Re- vised Statutes. It is beginning to be conceded now that the only remedy left to prevent this interference with the State courts is in a petition to Congress to repeal the laws under which Judge Rives issued his writ of habeas corp TRAINING NAVAL CADETS, INTERESTING PRACTICE IN THE CHFSAPEAKE— ANNAPOLIS STUDENTS AT THE FIRES, WORKING ENGINES, MANNING YARDS AND TRAINING WITH FIFTEEN INCH COLUMBIADS, (BY TELEGRAPH TO THE HERALD.] ANNAPoLIs, Md., Dec. 7, 1878. A brilliant maritime scene was presented this morning as the United States sloop-of-war Dale, Commander E, M. Shepard, and the United States monitor Nantucket, Commander A. I’, Mahan, left their moorings in the Severn, opposite the Naval Academy, in the Chesapeake, for their weekly prac- tice cruise. Out in the stream lay the frigate Quinne- baug, on. the right were moored the United States ships Constellation and Santee, and on the left was the Mayflower. Out in the channel the Dale, with her topsails and jibs set, went forging slowly out of the harbor with a light but fair breeze; ahead of her steamed her tender, the Phlox, and behind both the Nantucket ploughed slowly along, while a steam launch or two darted heré and there in the execution of.orders. A’ bright sun from amunclouded sky shone down on the blue Severn and gilded this lively scene, OFFICERS AND CREWS. The Dale, with Lieutenant Commander C. J. Train as exocutive and Lieutenant L. C, Logan instructor, and Passed Assistant Surgeon E. H. Green and 200 cadet midshipmen as the crew, gradually widened the distance between herself and the Nantucket "and went gayly off on her weekly work of teaching the midshipmen the practical duties of seamen. On the Nantucket were Lieutenant John Soley, Lieutenant Duncan Kennedy, Master G. L. r and Assistant Surgeon George He'Harman, Be- sides these there were Cadets C. 8. Ripley;'A. B, Clem- Marsh, J. M. Moore, A. C. Ommning) , ry UR. F, Sopese of the first class, and Sec- ¢lassmen _Cabenass, Dowey, Keomen, Bullet and Van were assigned to duty at the in the turret. Below was the fourth class of cadet engineers under the instruction of Passed Assistant Engineer George H. Kearney and Assistant Engineer A. P. Zane, who were teaching the cadet engineers how to work the engines, and ax your mdent went below when the Nantucket got way he found the young cadets, with ralls on, working manfully as stokers and firemen. MANNING THE MASSIVE COLUMBIADS. As the Nantucket moved out to the Chesapeake Lien- tenant Soley, in charge of the midshipmen, ordered them to the turret, and, stationing the cadets, made them load the two. fifteen-inch Columbiads, one with shrapnel and the other with shell. Cadet John M. Moore had charge of one gun and Cadet C. Marks: was captain of the other. Lientenant Riley. superin- tended the firing. These immense guns weigh each 4,300 pounds, and their charge ot powder to-da; was thirty-five pounds. The target was in the mean- time anchored at 1,200 yards, and at the word the gun loaded with ‘shrapnel was fired. ‘The shot fell short. The shell did better; it exploded directly over the little target, and would have made things lively about any ordinary ship. AN ACCIDENT. ‘The third was as good as the second, but at the re- port of this shot an ominous crash was heard in the turret chamber, and the confusion that followed told that something had broken. Soon Petty Officer John oney was brought out of it. into the droom and laid on a settee. The concus- sion had broken the bolts of the compressor, «l two fifty pound pieces had fallen below into the irret chamber, grazing, aa they came, Gunner's Mate Henry Jones on either side, and in their descent Ma- loney had been struck on the leg. Dr. Harmon im- mediately examined the writhing man and prp- nounced no bones broken. This announcement seemed to cure Malonéy of his'pain. The fourth shot was also a good “linet The target was conical in shape, about eight feet at the base and its height about ten feet. The cruise ended about two o'clock, Among the cadet engineers was Yonchi, a Japanese student, who is learning (by courtesy of the United § yvernment) steam engineering at the Naval ? my, for the purpose of taking a position in the Japanese navy when he finishes his course here. ROBBERY AND INCENDIARISM,. ARREST OF THREE PERSONS ON SUSPICION—HOW PROPERTY WAS FIRED AND PILLAGED—A NEAT LITTLE SUM THE CRIMINALS FAILED TO SE- CURE, (BY TELEGRAPH To THE HERAT) Sonaxton, Pa,, I 1878, George Burns, W. A. Mayor and Fanny Van Gordon, of Hollisterville, have just been atrested for com- Plicity in the robbery and incendiarism perpetrated at that place, Hollisterville is a small town in about cighteen miles from Scranton, and during the past ten years has been noted for the number of mysterions outrages and robberies committed there. The latest and one of the most startling took place on the 8th of November. On that date ‘Squire Hollister paid T. H. Baker, # merchant of the place, $2,500, and the seme night the barn of . M. Wost fired and destroyed, together with three valuable horses. During the excitement inei- dent to the fire, and while neighbors were at the scene endeavoring to prevent the spread of the flames, two masked men entered Baker's houwe, knocked Mrs, Baker insensible, beat her ehild bru- tally and then decamped with a pocketbook, which they snatched from the mantelpiece. ‘They dowbtless thought it contained the monvy paid that day to Mr. Baker, but he had already sent it to a bank m Seran- ton. They also attacked Mrs. West, but were com- pelled to Heat a hasty retreat. CHARACTER OF THE ALLEGED CRIMINALS, The man Burns who has been arrested was for many years living in the house with ‘Squire Hollister, and it is thought this fact gave him the opportunity of knowing the money was paid to Baker by the ‘Squire, Kumor has 1 Wusy with the name of Hollister himself, but he bears a char reproach, and it is absurd to think such asim of money and then encourage any one steal it, Mayer, who was stspe C being Bur mplice, was a school teacher, je female accomplice, Van Gordon, was a domestic employ, Burns was sent to prison in deta the others were released on heavy security. thought the trial will reveal a nimber of crimes perpetrated in Hollisterville, including the robbing of the mail years ago and the mysterious murders com- ed in that vicinity more recently-Ayye | * SHEET—WITH SUPPLEMENT. THE CAMDEN MURDERER, New Jersey’s Court of Errors Refuses Benjamin Hunter’s Plea. ena ONLY ONE MORE LOOPHOLE. Unanimous Confirmation of the Death Sentence. Trento, Dee. 7, This morning, in the Court of Errors and Apps Chief Justice Beasley rendered the unanimous opin- jon of the Court in the Hunter murder case, to the effect that all the exceptions taken by Mr. George M. Robeson to the ruling of the court below were not sustained and the judgment was affirmed, Conse- quently, if the Court of Pardons or the Governor does not interfere, Hunter will be hanged on the 10th of next January. The last session of the present term of the Court of Pardons was held this afternoon, If Hunter's friends petition for a commutation of sen- ten special session must be called by the Goy- ernor if hethinks it prudent or necessat ‘The court- room was densely crowded during the reading of the opinion. ‘The following is a full synopsis of the opinion :— DECISION OF THE COURT. ‘The plaintiff’ in error was convicted of murder in the first degree before the Court of Oyer and ‘Termi- ner of the countyot Camden, and, by the authority of the recent statute relative to writs of ebror in cap- ital cases, certain parts of the proceedings at his trial have been brought before this court for revision. shall notice briefly each ‘part thus presented in the order in which they standlim the printed points laid before the, Court by his counsel. ‘The first and second’ of the ‘objections thus made to the proceedings are of the same character and rest on the same ground, and may be Gixposed of conjointly and in a word. They relate to alleged defects in the first and sixth counts of the indictinent, but ax there is and can be no pretence that some of the other counts are not good, it would bo useless for present purposes to consider what weight there is in such exceptions, for it has long - been authoritatively established by judicial cision in this State that single good count in an in- dictment is sufficiont to sustain the judgment. (West vs. The State, 2 Zab., 236, and the cases there cited.) ‘The third, ‘fourth and fifth exceptions relate to but one subject, presenting it in differ- ent aspects and under varied forms of ob- jection, The point raised is this:—That in two of the counts of indictment the death of John M. Armstrong is laid as having occurred in this State, while in each of the other four counts there is an averment of his death in the State of Pennsylvania, Upon this it is objected, in the lan- guage of counsel, that “this is not a different form of averment of the ‘same crime, but the two classes of counts directly and positively aver two different things, which are impossible to be the same—namely, ‘the first and sixth, the death of John M, Armstrong, who died in the State of New Jersey, and the remain- ing four counts—the death of Johu M. Armstrong, who must haye been a different person, since he died in the State of Pennsylvania.” ‘This indictment con- tains two distinct charges of felony and murder done by the prisoner upon two different persons, making the indictment multifarions, incongruous and bad. On this point the Chief Justice says thatif it be shown that Hunter murdered two men instead ot one there is no reason why the present sentence should not stand. It has always been held that the only mode of objecting to the joinder of several dis- tinct felonies in one indictment is by a motion to the trial court before plea to quash the indictment, or in a subsequent stage of the proceedings to apply tocompel the prosecutor to elect which charge he will try; and it is turther settled that the decisions on such motions are not subject to review on error brought. HEARSAY EVIDENCE. The next two exceptions retate to evidence, which is an important questi¢ in Justice discussed this very fully. As to. whether the son of Armstrong should have been al- lowed to testify that his futher told him he was going to Camden with the plaintiff in error on the night of the murder, and to the admissibility as evidence of the note written by Armstrong to his wife on the afternoon of the murder, the Chief Justice was of the opinion that such ‘conimunications were no part of the matter in controversy unless they were so connected with the act of the deceased in going to Camden as to be in a reasonable sense part of such act, Few problems involved in the law of evidence are more unsolved than what things are to be embraced in those occurrences that are designated in the law as the res gest. Rulings can be found by which this testimony would be excluded and by which it would be admitted. The Chief Justice con- cludes that these communications of the deceased should be regarded as constituents of that transac- tion, as they were preparations for it and they were naturally conuected with it. At the time the words $$ $$ | to have been murde were uttered or written they imparted no wrong doing to any one, and the reference to the com- panion who was’ to go with him was nothing more, as matters then stood, — than an indication of the additional’ circumstance of his going. If it was in the ordinary train of events for this man to leave word, or to state where he was going, it was equally so for him to say with @hom ho was going. ‘Tho declarations are so naturallgeand therefore strongly associated with the act in contem- plation, that the most exact contemporaneousness of the two things would give no additional force to the connection between them. It was in the connec- tion now to be disclosed that this testimony was ad- mitted by the judge at the trial. A witness for the State had been produced who had testified that he had overheard a certain conversation on the day of the murder between the victim, Mr. Armstrong, and the defendant, Mr. Hunter. ‘This witness, referring to the latter person, said, “I saw him in the office talk- ing to Mr. Armstron, * © Theard him say this man has a bank account. I heard it from private or ontside parties, Ido not know which. You go there to-night at seven o'clock and I will go with you.” MEETING OF HUNTER AND ARMETRONG, Here, then, it is affirmed that Mr. Hunter made an offer to go with the deceased ; it was certainly compe- tent to show that this was # mutnal understanding to that effect and the evidence in question was ad- mitted with that view and for that single purpose. Whether the deceased alluded to the plan proposed to him was known to himself, but his purpose could be made manifest only by his words, Otherwise than in this way, how was it possible to show the assent of the deceased to the proffered arrangement? Suppose the defence had shown that a proposition had been made by some third party to accompany the deceased to Camden on the night in question, could it have been reasonably contended that such evidence could not haye been supplemented and made signifi- cant by proof that the deceased evinced: by his state- ments that he on his side had agreed to the proposal and was about to carry it into effect? In this aspect of the evidence the case seems to be brought fully within that other exception to the rule excluding hearsay which legalizes declarations which are ex- planatory of a state of mind, such mental condition being a subject of inquiry. In the case of Lord vs. Inhabitants of Tynsburgh, already cited, the principle which is applied, is stated in these terms:—"Perhaps the most common and largest class of cases in which declarations are admissible, is that in which the state of mind or motive with which any particular act is done is the subject of inquiry. Thus where the ques- tion is as to the motives of adebtor in leaving his house and going and remaining abroad, so us determine whether or not an act of bi hax been committed, his declarations leaving his house and while remaining abroad, as to. His mo ing his house and iesibie in evidence. Such declarations, accompanying the act, clearly be- long to the res geste. They are calculated to eluci- date and explain the act and they derive a degree of credit from the act.” This, undoubtedly, is a correct statement of the legal doctrine, and it seems com. pletely applicable to this case in the present point of view. Oue of the important questions at the trial was whether the deceased had come into an agreement with the detendant to accompany him to Camden on the night of the murder; there was testimony show- ing the assent of Mr. Hunter to such agreement; the question for solution was as to the intention of the deccased in leaving his home, whether his motive and purpose were to assent to and execute such agree- ment, Such a juncture with respect to intention and conduct | cannot distinguish from that of the bank- rupt in departing from his home, so far as the rules of evid touching declarations are concerned, and in-my opinion this testimony on this ground was also ING MUNTER'S GUI that I have been led to the result that all these declarations which were excepted to a8 hearsays were legitimate evidence in the cause, and [ have now to make the further remark that if 1 od at the opposite conclusion L «till should felt justified on that account to vote in favor adgment. My reason is this, that I the admission of this testimony could not have hurt the defendant on the trial of the cause, and by force of the law of this State it is not eno the purpose of overthrowing a judg- ment in a criminal case that errors in law have en- tered into the proceeding. Aud from @ careful ex- amination in this case I am fully satisfied that all the facts embodied in those disputed declarations ap- pearel from indisputable testimony, so that they stood in the case as tindixputed facts, ‘That the deceased said that he and Mr. Hunter were to go to Camden on the night in question, with respect to the Davie account, L find conclusively established, irrespective of these reported statements made by the deceased, the admissibility of which has been denied. Here the Chiet Justice quotes from the testimony of several witnesses on this point, and says:— To overturn this judgment, therefore, on this ground, would be, in my judgment, to overturn it on a mere technicality, To do so would be to contravene the provisions of that wise and valuable statute which Tos just been re« On the whole, therefore, L think it cloar that particular exceptions are not well taken, MRS, GRAHAM'S ‘PESTEMONY, Tn regard to the admission of the evidence of Lydia Graham, wi'e of Thomas Graham, the alleged accom ACTH PRC Ihave already she cited, thes 8 plice of Hunter, the Chief Justice holds that “it altogether settled that the wife is a competent wit- ness, when the husband is not a party to the suit, to testify to facts that merely tend to his crimination, provided the facts proved by her do not manifest thaé an indictable offence has been committed by him.’* This exception should be overruled. The eleventh and last exception is thus ex- pressed : he judgment in this case ought to be reversed, because John M. Armstrong, who is slleeng nl by the prisoner, died out of the State of New Jersey und in the State of Pennsyle vania, and within the separate territory and exclusive jurisdiction of the said State of Peunsylvania.’”* ‘The question tl rained is one relating en- tirely the meaning and effect of one of the statut of this State, and it was so treated rnsel of the plaintiff in error in his argue essed to this Couet. For his contention rules of the common law and except id, the conditions of the case being afelonious ‘and mortal blow within the territory of this State resulting death beyond the li rritory, the criminal act could not be punished as murder After quoting the language f Justice concludes that vourts of this State to "The clause has @ It describes: place im cur; the mor- by the « nient meaning perfec with faultless which the jurisdi tal blow is to be st this State in th se, or “upon the sea ory at any place out of the jurisdiction of this State” im the other; and the same words define the places im which the death isto happen. Why, then, should no this act be understood and enforced according to its * Aclaim to jurisdiction over extra ter- from the fact that the death resulting from such crime occurred within such jurisdiction, hax been decided by courts whose decisions are en titled to the highest respect, to be a legitimate exer= cise of the powers of government. Such was the result reached, after an elaborate ex+ amination of the subject, by ‘the Supreme Court of fassachusetts in the case of the Commonwealth vs., Macloon (101 Mass., 1), and the English statute is held by the courts of that country to give jurisdic4 tion whenever an Englishman has committed a murs der, the victim dying within the realm, although tha fatal blow has been struck in a foreign countrys It is, therefore, utterly out of the question to concede that a result thus accredited is to be considered so abnormal and mone strous as to raise a conviction that such result is not within the statutory intent when tha words of such statute are plain to that end. Thee only question is, whether the Legislature designed to enact a statute covering this ¢ The statute must be read according to its terms, and in that sense it is applicable to the present case. After full consideration of all the points argued, [ am of opinion that this judgment should be affirmed. All the rest of the Judges, fourteen in numberg concurred, LOUISIANA REPUBLICANS. : EXCITEMENT AT NEW ORLEANS OVER THE THREATS ENED REMOVAL OF FEDERAL OFFICIALS—4 SPECIAL PLEAS SENT TO WASHINGTON. [BY TELEGRAPH TO THE HERALD.) New Onteans, Dec. 7, 1878. | A decided condition of restlessness exists among certain republican officials here in regard to the falser impressions which have been created all over tha country in relation to the large democratic majorities: in the late election in our State. These officials states they have already explained to the authorities at Washington how the election was lost, and they ares satisfied that more will be known when certain suitsy now filed in the United States Cireuit Court, are brought to trial They claim that, they? have done their ‘full and entire duty im the late ign, and say if they’ party, here is satisfied with their efforts it i the party abroad, which cannot ri culties of the late contest here, should accuse and cen sure them. The New Orleans Obsercer, the only republi« can paper in the city, owned and edited by leadi colored men, it is to be noticed, indorses all th officials with the single exception of Collector Smiths Why Smith has fallen under its displeasure has not yet been satisfactorily explained. The document that Wharton sent to the ‘xident in relation to hia conduct in the late election declares that the chargea made against him were false and indorses Smith im every particular. ‘THE PLEA SENT TO WASHINGTON. This was signed by all the leading republicans, botty in and out of office, white and colored, and was alto« gether as strong a document as could well be pro- cured in republican circles here. Dr. J. T. Scott cer< tified to the fact that the Marshal was actually sufd fering with a pronounced attack of yellow fever at the time of the election. With these two documenta in his favor it does not seem probable that WI pil, Se removed. whe imy os appears to. exist .m,.some republican that all these troubles among the official here has grown out of a call for a sacrifice to a] ob the disappointed ambitions of the party in the It, ig not. supposed, however, that any changes can possibly alter the political condition a the State as it exists now. This seems to be von-' sidered as fixed, at least for a long while to comed Judge Dibble goes North to-morrow, and the local; papers here seem to be considerably exercised as to the object of his departure in that direction. He will certainly visit Washington, via New York, and. the documentary evidence which it is supposed he will carry on in relation to the late election is simply appalling. ‘The documentary part of the hesip (7 how- ever, I am perfectly satisfied, has not the slightest foundation in fact. CONTESTING A PRIEST'S WILL, [BY TELEGRAPH TO THE HERALD.} Newport, R. I, Dec. 7, 1878} ‘The will of the lato Rey. E. J. Cooney, pastor off the Church of the Immaculate Conception, Provie dence, is to be contested. He died on” Thanksgiving Day, while the corner stone of the Catholic Cathedral was being laid. He was-one of the best known die vines in the diocese. The instrument has been of fered for probate in Providence, and is dated May % 1878. The will is very brief and peculiar. The firsts sedirecta that Nixgjust debts be paid. In they second clause the testator gives and bequeaths tot James Hughes, of Harttord, Coun., all his p y. real and personal; and in case of the death of that clergyman the entire estate is to be made over to Reva Michael McCabe, of Woonsocket, in this State. Nol provisions or restrictions as to the disposal of thet property by the legatees is made, and as it stan they are at liberty to deyote it to church or person: uses. In the third clause he directs that Fathor Hughes be the executor of his will, but in case of Hughes’ death Father McCabe is to act in that cay city. Further than that Father Cooney desired the executors be not required to furnish bonds. ‘The contestants have engaged eminent counsels They allege that undue influence was used in favor of the first named legatee, The estate of Father Cone: is quite large, consisting princivalty ot valuable ai improved real estate, the greater portion thereof being in other cities. MURDER AND SUICIDE. A GERMAN GROCER KILLS HIS WIFE FOR Ata LEGED UNPAITHFULNESS, THEN BLOWS Hig BRAINS OUT. (BY TELEGRAPH TO THE HERALD.] Crxcrnxatt, Dec. 7, 1878. Shortly after twelve o'clock last night John Ad Weigel, grocer, at Hamilton, the county seat of But« ler county, rore from his bed, to which he had retire® early, and shot his wife through the heart, killing her instantly, and the next moment fired three) shots into himself, the first two into his abdomen and the third through his head, the last producing death in a few minutes. A brother of t murderer and suicide and his two sons were on oe in a room above, and were awakened by the shi ol the woman as’ she received her death wound, hurried down stairs in time to find the father just a¢ he had fired the last shot and settled himself on the side of the bed to die. ‘Weigel had lived unhappily with his wife for some time and had charged her with unfaithfulness. He left a letter for his sons giving thix reason and urge ing them to go back to Ehrswender, Germany, au@ live with their relatives who are there, BANK RUN ENDED. « (BY TELEGRAPH To THE HERALD.) Bavrtatone, Md., Dee, 7, 1878. °, ‘The run on the Eutaw Savings Bank endod to day. There was a considerabe number off depositors present when the bank opened, of whom were promptly paid. The applicant steadily diminished in numbers and one o'clock, the usual hour for cfosing, there was ie present. ‘The bank was kept open until thro¢ o'clock, but there were no more demands for fw ‘The total amount drawn out during the three days the run was only about $250,000, PROPERTY IN TENNESSEE, ' (By TELEGRAPH TO THE HERALD.) NasHvinie, Dec. 7, 1878, ‘The total valuation of property in Tennessee, ad shown by Comptroller Gaines in a recapitulation of the tax aggregates on property for 1878, iq $223,212,159. ‘The total tax is $228,212. ‘The dec! in the assessment, as compared with that of the y: 1877, is $15,096,695. Percentage of decrease, 5.78. CONVICTED OF MANSLAUGHTER, Newovwrnt, Del, Deo. 7, 1978, The trial of Hatley G. Brown, charged with wil, ful murder in causing the deaths of four persons byt placing @ cross tie on the railway track and thug wrecking a train, near Claymont, last Jnne, was con nuded bere this afternoon. The jury, taking inte t mica “ wor = o? the prisoner and hy ming lack of guilty intent, re: @ verdivt mauslayghter aarinat him. y~'* ye