The New York Herald Newspaper, March 30, 1879, Page 8

8 THE OLIVER-CAMERON SUI Simon’s Counsel Calls- for a Nonsuit. RIDDLE’S RECEIPTS. Judge Cartter Decides Not to Stop the Case. MARY ANN IN COURT. a [BY TELEGRAPH TO THE HERADD.), WaAsHINGTON, March 29,,1879, ‘The early portion of the proceedings to-day in the liver-Cameron ease was unattractive to the crowd Brhich has been almost constantly im attendance since Whe first day, and vacant seats were plentiful; but ‘the members of the bar were there in strong force. ‘Tho preparations of counsel indicated that they meant business, as each lawyer brought several law books which he deposited on the table, giving that piece of furniture the appearance of a law library. Mrs. Oliver was early in attennance. She gave signs of being much indisposed, the ailment arising principally from a cold contracted while sit- ting in the poorly ventilated court room. It was rumored about the Court House thatgin the event that Mrs. Oliver did not obtain a verdict she {would have the testimony and letters in the trial printed in book form, and that she would can- ‘vass the State of Pennsylvania for its sale, BUTLER’S NON-SUIT BOMB. ‘The question of Mr. Riddie’s testimony was the first question discussed, and the greater portion of the morning was consumed in citing authorities pro and con, regarding the propriety of its going to the jury. Eventually when General Butler, after consulting with his associate, moved a non- suit the crowd in the court were taken by surprise, although it had been whispered yesterday that an effort would be made to-day to throw the ease out of ‘court, But this mode of accomplishing that end was not expected, Mr. Peters read the twentieth rule of the court, requiring that this plea should have been put in the original defence. JUDGE CARTTER’S DECISION. The claim for a non-suit on the grounds of the ‘Riddle receipts making little impression on the Judge, General Butler adopted another line of argu- ment, and contended that Mrs, Oliver had ano right to sue for breach of promise df marriage, as she was at the time a mar- ried woman, according to the laws of Kentucky, whereupon the Judge said:—If a Senator, after a full knowledge of her debauchery, consented to marry her there is no constitutional law against his doing so. (Laughter.) If the dish is served to a court of Justice it has to be partaken of. There was no @is- tinction; filth and everything else had to be taken in. Loverrule the motion. Iam not afraid they are going to run away with justice when I have the reins. Adjourn the court. (Laughter.) During the time Justice Cartter was delivering his opinion it was the impression that he would grant the motion and end the case, but when he said he overruled it the excitement in the rogm was intense, and the opinion was general that there was nothing Jeft to prevent the case trom going to the jury early next week. PROCEEDINGS OF THE COURT. At the opening of the Oliver-Cameron trial this morning General Butler said that the first question to be settled was whether or not any of the commu- nications made by the plaintiff to Mr. Riddle were to be strickon out. ‘The defence had reserved an exoeption. Mr. Peters preferred to hola the objec- tion as originally made, as he thougnt it one of considerable importance to the Bar. This Court suid it should hold,that all of the com- munications made by the. plaintiff to Mr. excepting those to be given to Mr, Cameron, come under the rule, and he should instruct the jury to disregard the testimony to that extent. ‘The announcement was productive of a lengthy and spirited discussion, during which General Butler called the attention of the Court to the case of the Connecticut Mutual Lite Insurance Company vs. Schafer, in 4th Otto, in which it was said there was a decision that would bea precedent for this ruling. He pointed out what he claimed to be the ~trange and remarkable fact that Justice Bradley had alclivered an opinion on paragraph 828 of the Re- vised Statutes unda statute of the State of Ohio, while, when he came to examine them, they were just the reverse in text and meaning to the construc~ tion given them by the Supreme Bench, Mr. Peters started out by saying that he did not think this the place to introduce State rights, or that what was done in Ohio could have any weight ‘here. If they were to fight Fort Fisher and Sig ‘Bethel over again he wouid like to know it, but ‘these matters did not belong in the case. General Butler believed that he had avoided in the case on his part anything like vulgarity. He did not gee that it was necessary to introduce his military history during the rebellion into the cause. If it ‘was, then he would abide by it, and he thought it ‘would stand as well before the country as that of the gentleman (Mr. Peters),{who spent a considerable rtion of his time in the Old Capitol Prison—a vitor to his country. Mr. Peters denied that he had been vulgar. He ‘was o gentleman and knew the requirements of one; jand would allow no man to cast aspersions upon his wharacter without refuting them. General Butler replied that anything was vulgar ¢which was introduced into a case that did not belong there, and which was done with the object of trying to belittle a party in the cause for no other purpose than the effect it might produce. ‘The Court adhered to its decision previously made. ‘THE NONSUIT PROPOSITION. General Butler said that he should now ask fora pousuit. In a case where there is no contliet of poem gs d and where it all one way, the Court appliés the law and diects the verdict. His first proposition was that the receipts put in evidence, hot having been either disputed or challenged by any ‘sompetent testimony, they were a bar to the case, ‘On this point he read numerous authorities, Eng- Tish and American, to show that acceptance of the proftered money, which had been previously de- manded and sutsequently receipted for, was in full accord and satisfaction for all demands. His second proposition was that it was neither controverted nor denied that the plaintiff, as Inte as September, having # claim of unliquidated damages for what she called injury done her, called upon Mr. Cameron, through Mr. Riddle, to settle, and after many ‘days’ waiting a sum was paid her, to be consi An full for ali claim she might have upon Mr. Cain- ron. Mr. Riddle testifies that Mrs. Oliver appeared at Lis office after t! egotiations, and, taking some ‘of the money, gave a receipt in the nature of « prop- ‘Ssition. “Me Cameron said that all he wanted was the woman to keep away from him and his family. ‘Let him alone, and not write letters to him, then he would ag to give the.$1,000. He did it to pur- Blase peace of mind. WHY MARY ANN GoT It was with this understanding that she was paid the $500 and gave the recatpt covering ll these de- mands. Then matters to January 27, twenty- four days before the commencement of the suit, ‘when Mrs. Oliver tovk the nee of the $1,000 and signed pt to this effect:—"Received of A. G. Riddle, $386, balance of $1,000, im full, tor all claima oa Simon Cameron.” Up to that time she had consulted nine attorneys about her case, evidently Delieving that in the multitude of counsellors, in- stead of counsel, there was strength. Mrs. Oliver had not returned that mouey, neithgr hal she made any movement looking to that end, nor had she repudi- ated the receipts made by her betore the com- anencement of the suit, She simply said that Bhe had a written tract against Mr. Cameron that must be settled. They had advanced the point that a claim could not stand where there had been prd and satisfaction. The party had paid his y for all that was demanded, and, being re- ceived for ail, theretore it must be tor all, and couse. quently there were no facts for the jury, for what ‘was there to trouble them about or to take up the further time of the Court in going deeper into the investigation? Mere was a full release, given after months of investigation, which was Bot cotrove by testimony nor’ impeached, He thought the Court should, under these ciream- tances, Withdraw the case fromethe jury. He be- Aleved it had that power. The Court—Luere is no doubt of the power. Mr. Darpeillo maintained that the defence, to pure fue this course ust set it out in the pleadings. Af they wanted t ko the receipts a bar to action, then it should have Leen set up in their answer, ‘the argument took a wide range and consumed considerable time. The Judge interrupted the coun- gel and said he did not entertain any doubts as to his gous to withdraw the case from the jury, but what \e » wanted most was to hear something more about ‘the receipt. If the presentment here was to stand upon the written receipt alone, then he would settle the case very quickly, but what he wanted to know ‘was whether or there wee anything controvert- ing the statements laid down ip that receipt. Unless were was he should hold ita bar to this action, A gecess of halt an hour was taken to allow the plain- it’s counsel time to fortify themselves, if possible, and prevent the sudden ending of their case. THAT REOKIRT. When the Court reconvened the Court asked to be shown where the testimony left the receipt. Mr. Toney said that he understood this was & mo- tion for 4 nonsuit. General Butler replied that it was not, but it was a motion for the Court to direct the jury to bring in ® , Verdict for the defendant, A nonsuit, as he under- NEW YORK HERALD, SUNDAY, MARCH 30, 1879.-QUINTUPLE SHEET. merely to the Biter “the testimony of Mr Biddle would show that Mrs, no complaint of breach of promise to and other injuries that she 40, they could not Moe receipt into made plain- case, that she had the breach of promise case in her mind, but that matters not, for the Court would not allow an evasion of the settlement by sueh trum and nonsense. If the Court would not sustain t settlement, how would a man ever td rid of these harpies? What would bind them? hat protect the party cntering into a settlement in good, tien? If that settlement would notddo, then tell him, as a lawyer, how to advise his client. ‘The law favored settlements, but what was the use of settling if a designing woman could come back with a second claim springing from out of the first, and demanded farther satistaction, This wee estab- lishing a law destructive to the e and weifare of this community, and at the threshold he called for a halt. By recognizing the — walidit; of this claim it would open the door to blackmail- ers, and no man could tell how soon ho be victimized, He asked the Court to rise and come to the rescue of the community and assist in driving out those women. who disgrace the capital and black- mail the legislators. Teach them that the halls of justice ‘are the Inst place where they must come to further blacken their victims after entering izéo a settlement. Break the chain of these suits whieh have come down from the time of Alexander Hainilton, who was drawn upon 80 jeayily by a blackmailer that his salary finally would not support him, He assumed that the Court would agree with him that this receipt was a settlement in full of all claims. upon the one side, and, if it did, then law makes it a settlement upon the other, without permitt mg any mental reservation. VEEWS OF THE COURT. The Judge saixl that the gieetion was whether |. of the Thirtieth - there was any testimony tor the jury to pass upon— anything tor them to act on or discuss, If there was then they ought to haveand consider the case. Under a rigid rule that Ine had adhered to for fitteen youre, where there was the semblance of proof, he woul: not interfere with~she prerogative of a jury, and he had no doubt miakaeay walt do their duty, The motion was de: . General Butler ten made a third.motion, which was to the effect ‘that Mrs. Oliver, by her state- ments, manner of living and conduct, was, in the eye of the law, a married woman; and, therefore, she was estopped from consumimuting another mar- = és ‘Tho Court had m) doubt that this was a marriage, de facto, between, her and Oliver, and would, to that extent, stop them both from denying the legitimacy of the offspring, or a bill contracted with a mer- Chaut, But did'at disquality the porty when they abandoned the defacto life, from making a contract futuro? Could they not enter into voluntary con- tracts? ‘ General Butler thought that society had some arights in this matter. After this suit had been brought the plaintiff wanted to sue Thomas Oliver as her. husband. She: was estopped by acts. The Judge said that if he should govern himself by the acts in the case: (the jury absent from the room), he would make short work of it, But this case must be tried as any otter is. These parties came bere, both of them, as aciulterers. Well, t] fas rather @ poor recommendation for a Senator’s wife, but if after being informea of all the adulterous practices of the woman, the Sena'‘or is fool enough fo marry her thee is nothing to prevent it. This woman's history and practices run through the en- tive case, and he believed her antecedent history played the part of deception, and all knew that de ception did not bind in a contract to marriage. But he had no fears of the jury ranning away with jus- tice while he held the reins, so he would overrule the motion. The court thensadjourned until Monday next, JUDGE BRAY’S DIFFICULTIES, HIS RETURN TO NEW HAVEN YESTERDAY—-WHAT HE SAYS IN EXPLANATION. [BY TELEGRAPH TO THE HERALD.] New Haven, March 29, 1879, Judge Bray, of East Haven, who was ac- cused of mismanagement of the funds of the town while financial agent, and who has been absent since the charges were made, returned to-day from Alabama and was this evening interviewed. He denied that he has been guilty of any crime, but refused to go into de- tails. He claimed that the auditors had footed the ‘accounts annually, and he had trusted to their footings. He hinted that political jealousy had caused the charges to be made against him. Language, he said, was almost inadequate to describe the su he had endured, owing to the unnecessary notoriety given by this matter. He denies using town money for political purposes, and.says he had no idea, until this trouble came, that he was insolvent. He will not resume the duties of the Pro- bate Court. Ch the interview he said:— “The reason 1 ve suffered is because Thad the misfortune to be mixed up in politics and public affairs. Idon’t want to talk about the news- papers, but 1am sure if more pains had been taken to get at the facts a ood §=6deal ~=would not have been published. Parties for whom I made investments and who themselves looked at the property held as security, have found fault at the results. They might as well have blamed any financier for his investments.” ‘The committee of investigation into Judge Bray’ affairs will give him a chance to be heard, and then a special town meeting will be held to consider what aetion to take. Many widows and others are said to be sufferers by Bray's alleged mismanagement, some —_ aaa destitute, and mnch indignation is THE POINDEXTER MURDER TRIAL, DISAGREEMENT OF THE JURY—THE CASE SET FOR 4 NEW TRIAL IN APRIL—HOW THE JURY VOTED. [BY TELEGRAPH TO THE HERALD.) Ricumonp, Va., March 29, 1879, ‘The jury in the Foindexter trial, failing to agree upon a verdict, were discharged, and the case was continued until the next ‘term of Court, which com- mences April 7. The case was given to the jury on Thursday evening at ten minutes to eight aud was under consideration until half-past ten to-night, a period of nearly fifty-one hours, during which they were brought into Court eight times, each time announcing that they had failed to agree. The Court continued to be densely packed up to eleven P. M., when it ad- journed, the interest remaining unabated in the case up to the last mement. HOW THE JURY STOOD. Acanvass of the jury ascertained that they were mainly divided on the question of punishment. Two were said to regard the homicide as involuntary manslaughter, and to fix the punishment at twelve months in jail and the imposition of a heavy fine. The remaining ten were: unanimously for unishment in the Penitentiary, at terms ranging m three to eighteen years. Five of the latter are reported as nesaeteining the crime to be voluntary ménslaughter, the punishment for which is not less than two years in the Penitentiary nor more than five. The other five found the prisoner guilty of murder in the _ sec- ond degree, the punishment of which is not less than five nor more than eighteen years in the Penitentiary. Several efforts were made among jurymen to compromise on a term of five years in the Penitentiary, failing in which they agreed to disagree upon any other verdict. BALL, REFUSED. When the jury was discharged a motion was made by counsel for the defence to allow the prisoner to bail, which was briefly argued and overruled by Judge Christian. Poindexter was then romanded to jail until the April term of the Court. The next Sis have to be obtained from som other locatity than this city, where the panel has ready been exhausted, and where everybody hi bo get santa aaa som 4% to the merits of cane. THE MANN MURDER TRIAL. (BY TELEGRAPH TO TUR HERALD.) Norwica, N. ¥., March 29, 1879, ‘The trial of Felix McCann, aged seventy-three, for the murder of J. Morris Hatch, aged fifty-three, last December, at Nigger Hollow, near Sherburne, Chenango county, was closed here to-day before Judge Follet, and the case submitted to the jury at five o'clock this evening. Ex-Congressman E. H. Prindle sane 6 poperest plea on behalf ot the yee peaking three hours. District Attorney John W. Church presented the case of the people in one of the ablest addresses that has ever been heard in Chenango county. Judge Follet, in thirty-five minutes, gave & remark- ably clear and impartial’ review of the material points of the evidence and stated the law concisely, Ho charged the jury that their verdict must be first or second degrees of murder or not guilty. Betore six P.M. the jury took one ballot, nine votes going into one box and three into the other. At that hour they went to supper. The bal- loting indicates # disagreement or second degree of murder, Judge Follect will receive # verdict until midnight or Sunday. TENNESSEE'S DEBT. Nasuvitee, March 29, 1879, ‘The State Senate today concurred in the House aincndment to the bill to compromise the State debt at fifty cents, with four cont interest, to be enb- mitted to the so or ratification if the bond- holders aceept the proposition, ELECTION ABUSES, TELLEB SUB-COMMITTEE TENDING TO PROVE GROSS IRREGULABITIES AT THE POLES IN PHILADELPHIA, PHILADELPHIA, March 29, 1879. The sub-committee of the Wallace-Teller com- |; mittee met again this morning at the Girard House and continued the line of investigation pursued yesterday. The first witness cglled was John McLaughlin, a democratic United States Su- pervisor im the Twenty-second division ward, He testified that Andrew Jackson was the Deputy Marshal there; George A. Ackerman, who was the republican Super- visor, attempted to act as Judge in the place of Michael Feeney, democrat, who was appointed by the court; Feeney complained to the Court, and on bis returm to assume the duties of Judge he was arrested by the Deputy Marshal; at the Marshal's office he was told to go back and tell Ackerman to vacate, but the latter refused; witness then ordered Jackson to arrest Agkerman, and Feeney was also arrested; a man had to be taken off the street to act.as judge, but later the Court ordered Feeney to asgume his place as judge of election. In answer to Mr. Hour witness said he did not know of any democrat being prevented from or any republi- can illegally voting. Witness said the republicans carried the division, whieh was democratic before, by a majority of 32, TOO MANY OFFICES. Michael Feeney, of the Twenty-second division of the Thirticth ward, testified that he was arrested in the morning on the charge of being both Judge and Supervisor. He was away about the day and could not say whether there were any democrats le- gally entitled to vote who were prevented by the police or other officials. Charles Sweeney, of No. 745 South Thirteenth street, Fifteenth division of the Thirteenth ward, voted at the last election and was challenged at the window for a tax receipt; the Judge called him in- side to swear to.the receipt and the Deputy Marshal came in and ordered his arrest; he was taken to the Commissioner's office and held to appear; at his appearance the man who gave him the receipt swore to the signature and he wae discharged. DEMOCRATIC VOTES THROWN OUT, Charles McCreery, Fifteenth division of the Third ward, testified that one of the first votes in the morning had been challenged, and declared he thought there must have been some cightcen or twenty democratic votes thrown out on ac- count of tax receipts; Daniel Schaeffer was the first man who offered to vote, but the Judge decided that his receipt was not genuine; the Judge had a book purporting to have he stubs of all the receipts, and the Judge decided from that. Mr. Cameron—You stated on your direct examina- tion that there were eighteen or twenty democratic votes thrown out. Name one. Witness—I would not like to, for I fear I should make a mistake;,¥ couldn’t do it. Walter Brady, Eighth division of the Sixth ward, testified that James Colligan, an ex-police officer, had been deputy marshal there, and had been drunk all the latter part of the afternoon, 80 that he could hardly walk; witness told the police to stand away the polls and give the voters a chance; the marshal then arrested him; the police had all crowded round the olls, giving out tickets and vouching for men; the ‘ivision had previously been Lye g republican, but was divided now. “Colligan,” said the witness, “is a republican and an Inshinan at that.” HOW DEMOCRATIC MAJORITIES ARE ALLEGED TO HAVE BEEN MADE IN PHILADELPHIA—A LET- TER SIGNED ‘‘W, A, WALLACE.” [BY TELEGRAPH TO THE HERALD.] PHILADELPHIA, March 29, 1879, Apropos of the charges which Senator Wallaco hhas made regarding the republican management of elections in this city, the following letter which he is said to have written as far back as 1867 will be found interesting. It will be seen that the Senator, who was then chairman of the Democratic State Committee, directs the county committees, toeach of which a copy of the letter was sent in striot privacy, ag to how to increase the democratic vote in their districts. The paragraph about en- larging the vote by contract and paying “active men” “fixed sums the day after election” for every vote, will be found particularly valuable:— (Private.| Democeatic Stare Commurre Rooms, (0. 738 SANSOM STREET, PugLADuLPHiA, Sept. 18, 1867, To — See eet helene of the County Committee, ‘county:— Dear Sin—The necessity for close attention to details in this contest is most nt. It is comparatively noiseless, but it shoul be made full of uc- tivity. great ond to be accomplished is poll every democratic vote. Tho first thing to be don to learn the names of all the democrats and doubiful m the blanks were furnished you, and so far For this purpose at you have returned tio Abe Hi json yo tos by mal ‘remainder ‘ns poval: $10, “Those, lists are to be placed 0 handa ot ibing their duties for their dire you a copy thereof. Make it your business to employ these inen yourself. Do not let Go und see them, for their. time ing tie dilatory the means PS pent She, ee 0 spend joney in on doubt of th ell others df our friends that you in their hands. Get ir" detailed eG and = for vote | for 1866, jompare the two. This will show you the dis- tricts ively to be slow, Give them special attention now. Itis important to got reliable men In each district. Do not devote yor tention to maki ecific majority, our whole vote, on this is done y majority follows, t In very slow, districts 1 woul ou a contract with active men. Thus, in 18 the district polled 100 democratic votes, in 186 120 democratic votes; now for every democratic vote over 110 polled, we will pay you a fixed aum the day after the election. ‘Thin ts simply an incentive to for the vote of 1807 shows they aro there. democrats asseased, uuturalixed paid. Let me know what I can do for. y. Sond tegward tle, list rapidly. wie very garefal of ‘this . Keep it entirely private ttully yours, — WILLIAM A. WALLACE, Chalrian, CHINESE IMMIGRATION, San Francisco, Cal., March 29, 1879 ‘The Bulletin this evening publishes an interview with General C. W. Legendre, formerly United States Consul at Amoy, Chins, in which he takes the ground that most of the Chinese emigrants to the United States come under contracts made with emigration brokers in evasion of the regulations of the Chinese authorities for the sappression of the Coolie traffic, and that to check such immigration, which comes almost entirely through Hong Kong, it is necessary simply to contract the operations of the Chinese emigration houses therein. To this he the British authorities would undoubtedly be ly to lend their aid, aud he does not think a revision of the Burlingame Treaty is necessarily involved in stopping mig canigration, He draws a strong pic- ture of the jous practice of the Chinese emigra- tion brokers, whom he considers practically little better than kidnappers. VERY DARK DOINGS. At a very early hour yesterday morning the Central Polive Office was startled by the apparition of agentle- man in 8 wild state of exeitement, who was revealed to be no, less a personage than ex-Senator James A. Bell, of Arlington, N. J., and whose safe had been robbed during the night of stocks, bonds and money to the value of $7,900, Until midnight on Friday Mr. Bell had been engaged in a business con- sultation with Colonel Watkins, of Philadelphia, and several other friends, but the nature of that business he was unwilling to dis close. He had already, during the winter, been relieved of much superfluous silverware through the polite attentions of burglars in the vicinity, and he was convinced that the robbers of his bonds were experts at the business. He repaired to the bank of Messrs. Vermilyea, of 18 Nassau street, who tried to lay comfort to the ex-Senatorial mind, and then went to General Hillhouse, the Sub- Troasurer, who sent distracting telegrams round the ‘country, and, finally, was interviewed by reporters, who forthwith wove his misfortunes into # highly exciting and sensational tiasne, Meanwhile, at Arlington, the excitement was at fever heat. Crowds gathered during the day round Mr. Bell's house, prying, for burglarious footprints and jimmies, and skeleton keys and holes in the wall, and other marks of sinister nocturnal doings. As for Chief of Police Meldrum, ho wes torn asunder by conflicting doubts,’ Not a tective in his office but had a private theory of the burglary and had discovered # secret clow, ond knew exactly where to find the robbers. Indeed they had all started upon myste- rious pt be Logneg bey 8 of Ar! 4 ton were ye ir int nee, When chief received, inte tn the thetnon, an envel It wasa » blus, official-looking Price and the age bore was ‘New York, 1P, M., March i.” Convinced that he at last held the key to the mystery, Chief Meldrum La the mis- sive with trembling fingers, he lost bonds fluttered to his feet. They were intact, even to the shares in the sewing machines, and as the tives: dieerror hy a ewe ok having laid his hand upon se] of robbers, & messenger was sent to the te-Bepenor tbat altel tty was restored, The happy news was received with misgivings by the Ar- lington, goseips and sundry scep' Temarks were bandied from store to store, Soon it leaked out that the Senator had entertained guests on the night of the robbery. Soon it was noixed abroad that some of these guests were well known practical jokers. Soon it was reported that the humorists had tampered with the safe while the ex-Senator was transacting that yg business which ret him to re- tire to his bed after midnight and to leave it wn- locked. Thereupon the gossips wagred thei | aud said they kuew it from the drst, a | AMUSEMENTS, THE SIXTH SYMPHONY CONCERT AT STEINWAY HALL. The sixth symphony concert (the last ef Dr. Dam- roseh’s series) was given at Steinway Hall last even- ing. The programme was a most attractive one, in- eluding Beethoven’s Ninth Symphony and Wagner's “Tanuhiiuser” overture, the choral from “The Mastersingers of Nuremberg” and the “Kaiser's March.” The soloists were Mrs, Mary Louise Swift, Miss Emily Winant, Mr, Fritgeh and Mr. Stoddard, The orchestra had been enlarged, and the chorus, made up of the members of the Symphony Society and of the Oratorio Society, num- bered at least a hundred and fitty voices. The audi- ence was an enormously large one, and imeluded the strength of the Wagner party, wbo are naturally ardent worshippers of the master’s grand master, too. To say that the concert was a brilliant success would be to do scant justice to the memory of the Dr. Damrosch and the Symphony Society. The “Tannhiiuser” overture was played in a manner that would have pleased Wag- ner himself,that brought out clearly and gloriously all its beauty and depth and sweetness. Only a conduc- tor thoroughly imoued with the beauty jo the leg ¥ subject treated by Wagner can develop beauties of Wagner's over- the ture. Near, Thuringia there ig a mountain still called the Heersel, or Venus Berg, in the interior of wash, popalar, tradition says, dwelt Dame Venus and her court of luxury and voluptuousness. “The people (as Wagner says) frequently heard intoxi- cating, exulting music issuing t mm, but the inci! strains allured only those in whose hearts the wild, sensual yearning had already gonna. They were allured, drawn on by the joyous, seductive strains, into the mountain without knowing how. So it happened with the old German, Minnesinger Heinrich von Ofterdingen or Tannhauser, who, torgetting the love of Elizabeth, the niece of the Landgrave Hermann, entered the mountain aud tarried an entire year with the beau- teous goddess. The overture describes this event; and never was expressed in music more vividly the contest between the powers of good and of evil in the depths of the human heart. It is a beautiful sermon in music, a yermon of religion and of love triumphant. The choral from “The Mastersingers of Nurem- burg,” beginning with the words ‘‘Wach’ auf,” was rendered by the orchestra magnificently; by the chorus, however, with not so much success, The introduction represents the assembly of the good burghers of Nuremberg on the megdow outside the ancient city. It is a téte day, and the young Walther von Stolzing is to be proclaimed a member of the honorable guild of Mastersingers. It is Hans Sachs’ birthday, too, and the ople have taken a verse from one of the old cob- ler’s ms and brought him greeting with itin song. e words ure very significant :— Awake, the aawn of day is hear! Amid the coppice green I bear 4 won si I ous throated Nightingale ome forth Silt und date, is song o'er The Nighi The Day ks to the Occider And Mort nants From the Orient, iug’s purple joom Fromm out tho realms of night and eloom. With these words Hans Sachs grected Martin Luther, the reformer, who was known as the ‘Wit- tenberg Nightingale.” Bearing the deep signifi- cance of the lines in mind, the chorus would be able to render fuller justice to them, There was a lack of color in the phrasing, which, however, may be a re- sult of the English words used, The choral was en- cored. The “Kaiser March’ was rendered with great effect and brilliancy. It is a- composition of dreat power. It represents the German people before the breaking out of the late war; peace intorrupted by the call to arms; ane ace in the chu ; the solemn choral ot “ Feste Burg ist unser Gott;” then the sound of conflict; the victory; the welcoming of the returning troops aad the coronation procession to the Cathedral. m the interior of the church is heard the strains of the Luther hymn, then the procession emerges and the Kaiser is greeted with exulting strains — Heil! heil! dom Kaiser, Konig Wilhelm! Aller Deutschen Hort und Freiheltawehr! It is a glorious composition, full of inspiration thered during a glorious era for the composer's fatherland. The American Centennial h fauure tor the reason that Wagner could feel noth- ing of the throbbings of the heart of America, know- ing nothing of the nation’s history. Beethoven's Ninth Symphony received a very conscientious and exquisite rendering. The soloists and the chorus, however, sutfered from having to deal with a very Pome translation of Schiller's imortal “Ode to joy.” Froude schiner Géttertuuken, Tochver aus Elysium. The work does not give many opportunities fo the soloists. To them the singing. of the oral Sosy must always be @ wor! enthusiasm an love—as it was last evening. ACADEMY OF MUSIC—‘‘CARMEN.” As good proof as could be desired of the popu- larity of “Carmen” was given by the size of the audience which collected at the Academy yesterday afternoon in spite of the weather, and by the unus- ually large proportion—for a matinée—of men. The opera was sung and acted in excellent style, Campanini and Del Puente were in excellent voice and spirits, while some who hed heard the opera several times before declared that Miss Hauk had never rendered the title rdle more perfectly. The favorite number, as usual, was Escamillo's ‘Tor- reador”’ song, which Del Puente gave three times, The part of Michaela was so well sung by Mme. Sinico as to renew in many minds the wish it the composer had made more of the possibilities of thia interesting character. MUSICAL AND DRAMATIC NOTES. Mr. Augustin Daly arrived in the city on Friday. “H. M. 8. Pinafore” still floats her flag over tho Standard Theatre and attracts a :hrong. ‘The American Lustitute Building is to be oecupied by P. T. Barnum’s circus on the 12th of April. Asacred concert is announced to take place this evening at St. Stephen's Church, South Brooklyn. Miss Katherine Rogers has been engaged to play ‘Mizzo in the “Palace of Truth’’ at the Park Theatre. “Engaged” still holds the boards of the Park Theatre, and is one of the chief dramatic attractions of the metropolis. The Midgets, at Masonic Hall, enter on their seventh week to-morrow. ‘They are marvellous specimens of humanity. It is said that Colonel Mapleson has paid to the orchestra at the Academy of Music during the pres- ent season upward of $53,000, Niblo’s Garden, under its present management, has Decome an excecdingly attractive piace of amuse- ment. ‘The Black Crook” advertises itself. The fourth classical soirée by the New York and Brooklyn Schubert Club will be given on Saturday evening, April 12, at the Brooklyn Atheneum, Under the management of Mr. Henry E. Abbey Almée and her opéra bouife company, which has just arrived from Europe, will open in “Le Petit Duc.” “The Mulligan Guard Ball” is still retained as the financial nest egg at the Theatre Comique. Its stc- cess has been one of the curious features of a curious season. Tony Pastor’s Theatre loses nothing by compart- son with the audiences that flock to other places of city entertainment. The programme 1s varied and entertaining. Mr. Harvey Dodworth has completed negotiations with the authorities of Gilmore's Garden and there is every reason to believe that he will give a series of concerts there during the summer, commencing on the 3d of May. Z ‘The San Francisco Minstrels are giving their usually attractive performances, and present a side- splitting programme in addition to their burlesque on “Pinafore.” De Murska, with acorps of well selected assistants, ‘will give another of her popular Sunday night con- certs at the Grand Opera House under the direction of Signor de Vivo. The monthly musical and art reception of the New York Conservatory of Music is announced for the evening of Wednesday, April 2, at Steck’s Hall, No. 11 East Fourteenth street. Mr. Frank Mayo, at the Grand Opera House, has drawn well during the past week in “Davy Crockett,” This week he will continue the piece, the ‘Streets of New York” being deferred. “A Scrap of Paper” at Wallack's is 0 well received that the management make no formal announce- ment of o change, although it is understood that other novelties are in waiting. “Red Riding Hood” at the Aquarium enters on its seventh week to-morrow. It apparently pleases the old as well as the little folks and ia drawing good houses. The entertainmont is always applauded, “The Little Duk it Booth's Theatre, will be kept on the boards during the week. The sparkles with melody, and is not only enjoyable, but drawing good houses. “Midweek” matinées aro to be given. Mr. Joseph Jefferson commences an engagement atthe Brooklyn Park Theatre to-morrow evening. He will appear in “Rip Van Winkle,” and on the 7th of April be followed by McKee Rankin with “Tho Danites.”” At the concert this evening at the Academy of Music for the benefit of the Szegedin sufferers the principal artists of Her Majesty's Opera will appoar im an attractive program:me. The demand for seats bas been very great. The sixth public rehearsal of the Chickering Hal) series of symphony concerts wi'l tuke place on ‘Thursday afternoon, April 10. The soloists are Miss Henrietta Beebe, soprano, and Herr Auguste Wilhelnj, violinist. Mr. A. P, Burbank wii'l give another afternoon re- cital from the modero and classical dramas at Chickering Hall to-morrow. The programme con- sists of selections from “‘Shaughraun,” ‘The Man 0” Airlie,” “Colonel Sellers,” “Joshua Whitcomb,” {o, A mecting of the lads interested iu the creation of afund for the benefit of Mrs. Porter, the mother of the murdered actor, will be held at No, 162 East Thirty-eighth street to-saorrow, at three P. M. Mem- bers of the musical and dramatic profession are in- vited to attend, ‘The Church Choir Pimafore Company at the Broad- way Theatre is rapidly achieving reputation by reason of the effectiveymanner in which the soli and choruse: are rendered. The audiences are large and comprise many Churclz people who, notwithstanding the fact that itsis the season of Lent, find it conven- ient to attend. ‘The operatic!programme at the Academy of Music this week is as follows:—Monday, “I Puritani;" Tuesday, “Trevatore;’ Wednesday, ‘“Dinorah;"* Friday, @ testimonial benefit to Colonel Mapleson, whieb will congprise selections from several favorite operas, and Saturday the benefit of Mme: Gerster, when she will.appear in ‘La Sonnambula." «Whime,” at:the Fifth Avenue Theatre, is said to improve with acquaintance. The translator, Mr. Stanley McKenta, a well known journalist, certainly deserves credit :for his adaptation from the German, although his Sidgment may have been at fault in choosing such an incongruous plot for tho enjoy- ment of Americans, The matinée yesterday was at- tended by a large audience, Mr, Adolph Meuendortff, leader ofthe New York Philharmonic Sweiety, has signed an agreement with the Brightam Beach Companyto lead an orches- tra of fifty musietans, which is to furnish the musie for Brighton Beach next summer. Tho stand for the performers is now being constructed, and is in the shape of a huge-shell, similar to a design now in use at the Champs Elysée, Paris, At the Union Square Theatre the intention of the management is to remove the ‘Banker's Daughter” in a couple of weeks, It will then have run 140 nights. The actors uro said to bevery tired. In this connection, it may be written that since the produo- tion of “Our Boys” in London, which ran continu- ously for more than three years, two actors were consigned to an insane asylum and three were put under the ground—worn out, One of the signal successes of the season has been the introduction of ‘Pinafore’ at the Germania Theatre, which has drawn full houses every night during the past week. The regular company has been reinforced by Miss Kuster, of Cincinnati, a sweet soprano singer, who enacts the rale of Jose- phine in fine style, and Mr. Bowmann, the Ralph Rackstraw of the piece. The Admiral, Sir Joseph Porter, finds an excellent representa- tive in Mr, Will; Captain Corcoran commands H. M.S. Pinafore in true sailor style and adniirable voice, while the covsin of Sir Joseph (Miss Helene Avuhse) looks and acts l'ke everything else but an old maid, Miss Schmitz is the embodiment of a Butter- cup. The musical and choral parts are worthy of praise. With the exception of Wednesday night, which has been set apart for the benefit of Mr. Henry Conried, when Schiller’s ‘Robbers’ will be performed, “Pinafore” will be repeated every even- ing during this week. _ “The greatest sensation of the season,” as the Count Joannes’ effort at the St. James Opera House is announced on the bills, was yesterday afternoon, as tar as players were eoncerned, not a failure. In that an equal number of persons were on either side (of the footlights), the performance resembled a Daseball match. Here, however, the simile ends, for the “bounce” and “go” of that exhilirating game and the jnterest it awakens on all sides were entirely wanting. The performance was intended to bo exclusively for ladies, but this particular was honored only in the breach. By actual count there were more people in the cast than in the body of the theatre, and the greater portion of the audience was composed of children, to whom, under the moat favorable and lucid circumstances, the play would appear “shady.” This being the case, the players seemed much under the spell of the weather, which was foggy and heavy. As the play progressed the audience gradually departed, and tho curtain finally rung down to shut out from the view of the players dozen mop and women anda fow bowildered juveniles. 4 FINE ARTS. FIFTY-POURTH ANNUAL EXHIBITION OF THE ACADEMY OF DESIGN—-IMPOBTANT PICTURRS— FIST NOTICE, The National Academy of Design and the public have every reason to be satisfied with the fifty-fourth annual exhibition, which will be opened by the re- ception and private view to-morrow evening. It is by far the best exhibition yet made, and a great ad- vance all along the line is noted over last year, ‘the general aversge is much higher, and there are, comparatively speaking, few really bad pictures, The Hanging Committce for once deserve great praise, not only for making smaller and better selected collection than usual, bus for the hanging, which, in general, is very judicious. They have been liberal siso, and for once, at least, the work and not the man’s name is what they have looked at. A great step forward should be credited to the Academy when it is able to cloct a Hanging Committee which, in round numbers, out of 1,000 works submitted, only hangs 600, Othg points to be noted are that the high general average of artis tic quality is not due in great part to the pictures from American students in Europe, as was the case two years since, or to the works of the younger men who not long ago, on their return from abroad, es- tablished the Society of American Artists. These gentlemen, though well represented, are not so by important canvases. Still, to the stimulating in- fluence on the older and more established artists of the displays made at the exhibitions, of that young, vigorous, though hot-headed and often ill-advised society, whose second exhibition has just closed, the present gratifying result is due. On yesterday—“Varnishing Day'—tho gallerics were well filled by artist exhibitors and a few others, and with the exception of those painters who thought their pictures had been badly hung the general expression of opinion was decidedly favora- ble as to the quality of the display and to the Hang- ing Committee. In the position of honor, in the centro of the south wall of thé southern or larger gallery, bangs “Clouds,” No, 336, an admirable example of Jervis McEntee. A low lying mass of clouds forma, broods over and shadows s moorland, and in the distance the sunlight breaks through. Tho painting is @ fine harmony of grays and browns aud the atmospheric effect is excellent. To the left of this canvas is the finest single figure piece in the collection, George Fuller's “A Romney Girl” (335), She stands at the edge of woods, with s few «pears of wheat in her left hand, looking out at us with big, black eyea that fairly sparkle. The powe is good, the head admirable and the treatment through- barring the prevalent yreenish: x. out igre this, on tho other side of the a rtrait (310), by B. 0, pease ell-soun ‘ ph te To ure is tt felt under the dress, ages dg wy tones are fresh and admirable and ‘the finely drawn. In contrast to this note the life size, ni a de no beneath the dress, and the gre stands uy its with much the same feel! iniiterened to the force of gravity to he crate, acted by them, which met be supposed to be that of alay figure supported by other meaus, arms are noticeably badtin drawing, and wo querton the appropriateness of the car pedestal of stone, on which the figure leans, and which has evident; bd ER Tx & trap through the ca central picture on’ thin walle Ws a attietag hi is wall, ize, full length portrait of # oo yh. O a charming, of the nds are lady (346) Beckwith, which is , — mao "ene me hee a Caste ne y Pie light in shades be I a She seoma on 8 + hich skin is thrown, tnstoad’or on the floor, aa the H artint evidently intended, As it ng over Lake Cham H. y § mtnerd evening Tirect catted “hundown’? (at), bs RC, Minor, with a finely decorative, luminous sky. Above the Melinteo is’ Broton Asher yirt (oi), be Edward Moran, which is the we EA ever seen from his brush. the of the Beckwith is one of the ing of. the “The Shell” (347), t ves beach, which, though not seen, is fi sug. ted, and in the middle distance is a schooner. In olden sunset tone the picture is admirable; the cold rolling in is very . and effect of sunlight on the broken crests and the white sails of the vessel is very real. The sky is undecided in effect and the weakest point in an otherwise ad- In the centre of the west wall, over a little and but fair Tiffany on the line, is an immense canvas, “The ola Sketching Ground, North Conway” (360), by Goorge Inness. Why the artist should go into scene in this way is hard to conceive. ay be his ides in so doing, it is certain that he has roduced & painting Which is s failure. It has no ade ded motive, does hot ‘hold together, and we fool were goi move along on rollera the "Frame and sin disclose to our view some more of the pauorama. On either side of ‘Tiffany are J, G, Brown's sterli of genre, tithe German Band” (363), oul fa character jocre picture ent an Pree eee ls a traits o ae y por a weddin; of the presents they are look! shout the vaio value, Ove the bas 78 are all it the it sepireeas br Willen Eas mie me have aarp Se a Me on east wall, “Ponce nm in Florida” (ai), by Thomas Moran. It is o strong picture, though, as in the case of the Inness, we can see the reason for its great size, It is, however, a grandiowe sobpect, treated with a thorough masterly grasp. The eye is led eee, open panes Oy pe Pag 8 e troduced mi mares in the glade. On this same wall is T. Hovenden’s ex- cellent picture, “Pendant le Repos,” (316)—a Broton girl, in @ handsome costume, playing with a bing ig jack; and a careful, refined example of Oli- ver J, Lay (313)—a young girt looking out of a wine dow. In the interior there is some remarkably well painted still life. By the Hovenden, a finel; awn fresh French landscape (319), in Harvey Young’? new manner, ix nated. ‘orging the Shaft” (321), by Jonn F. Weir, a well managed rendition of a dramatic, exciting scene in a hg, Sounder, is noted in the southwest corner, and r it Wordsworth Thompson's clever, sunlit and interesting story ot old Virginia, ‘The Departure,” with careful and good architecture and well com- pees groups, By this is one of the best of Mr. inness' works in the cxhibition, » storm sky over @ landscape, the foreground of which is lit up by @ burst of ‘sunshine, On the weat wall note firat, Arthur Quantic = strong picture, “Market Boats at Norfolk, Va."’ (385), which is fine in color, light and air, and remarkably well drawn, but has rather crude cloud forms. “A Bit of Old Ireland” (380), by William 1. is a sterling work. The figure of the old shepherd is finely wn, stands well out against the landscape and is full of character. it’s Beach, Mass.,’” by BR. Swain Gifford, one of the bes landscapes. in the @isplay, is thoroughly effective and simple in treatment and hae bi ith. In Winslow Homer's “Upland Botta a i is to bi i Cotton” @ praixed, except the incoherent a eacteesinteen hie ee Seis e ures e two 1 ses are oe raced c puller m entering nort! '¥ we first come to—on the east wall—the boat of the two James it. fare in the collection (187), an early morning scene in a farm lane, with a singularly successful rendition of morning mist and of the quietude of the hour. A sunlit, snowy road Meg) is by James D. Smillie, Alittle newspboy counting his gains (193) is a fine little pic- ture, which does «much credit to F, Dielman, dil- bert Gaul’s “stories of Liberty” has a strong mo- tive admirably carried out—a sailor ie ling some charity boys of his adventures. A good por- tra $ (179), by Eastman Johnson, is noted in the northeast corner, and by it a dainty girl’a head, by F. Miralles, In the centre of the north wall is a charming sto: by Eastman Johnson, ‘The New Sauieud ‘toalce™ (162). The oid fellow, @ fine character study, is seated by a farm house wall, while the protty farmer's daughter is on the grass at his fect. ‘After the Cg * a a little yr F. H. De Haas. A sparkling sun! mae scene at imper, Brittan: don, is by Samuel Colman. eee pti figure piece (168) by Clement Swift shows wreckers, lying low on the eliffs for their human prey, from @ dismantled yegsel in the offing. Inthe northwest corner is W. 8. "s well drawn, fresh ‘Spring Day near (149). On the west wall we have J, D. Smillie’s finely drawn ‘Lake Paradox” (214), and # strong picture by Homer Mi le very fine in color, of g sandy shore and lake. second line of the southwest corner is filled bya large and good canvas by Charles H. Miller, ‘Now York from Weehawken” (138). ” F, very clever study of » sian street on a wet should also be noted ae being in this gallery. dororvndly ‘gives. to Seymour 9 Guy's: samivatle ly given mour J, Guy's child picture, “Bedtime Beorioa.’” brit is a ster! eget satan he ou , as 18 comes over in peib., Yitege and through the trees on t! foreground hiliside. On the other side of the Guy is a J. B. Bristol "Hor ic River, x” setts’ (252). Among the other pictures nate fleld Rar be, oho Moran, & ew of bak foo over SURANGA nme WOT a ano gar west his sohdl; ted and thi scien Bae anes interior, with well drawn anc ures, which was in . By its Godnue Fuller’ Masterly GE She Was 8 Witch’—‘Oym- beline’” (421), a atic work with # well told story, the peculiar Ory of the painter. remarkably well painted little pend, of #young girl in old time costume, with @ rat! OU W. M. Chase, and called “The Coquette” (471), 1s in Te “Sestiies corner. The pose is 5 there aro flesh tints luminous jicate im color, ‘Your Health,” ba G, Plumb, isa strong, ‘ike head of a | nghing, blue blouse. A view on the at |. J. (465), is a delicious little Quartley. In the northwest y are J, Burns’ “Hallo-o-o!”” (488) and a fine Ho: pe rb aeneg bage id again, with many of the above pictures. The ntral Gallery,” as now to be known, and the sculpture room, of which Bath, and where thoseulptcry make aiseages show, ,"? and wi 0 sculptors a must be left for a future article. FICTURES AT THE LOTOS CLUB, There was 9 good collection of paintings at the monthly art reception of the Lotos Club last evening. Among them were the two “rejected” pictures which raised such # storm over the heads of the mistaken Hanging Committee of the Society of American Artiste; Thomas Moran's “Bringing Home the Cat- tle, Coast of Florida,” and B. 0, Minor's “The Com- ing Storm." We also, A. F, Bun- ner’s ‘Canal in Venice,” which was the first display of the society; a fine little McEntee, ‘Late Autum: “Nor- mandy Shepherdess,” bj hy itn tho sous” a Tait and w—“Calling for Help" Artists’ Fund Exhibition of 1878; Ce ag of little Thomas Morans; “Cattle,” by J. W. Wood; James D. Smillic’s ‘Lake Placid,” from the Academy of last year; G. H. Story'’s “The Yo Houxe- keeper ;" “Cattle,” by Peter Moran; George H. Smil- le’a x Mor tain,” LL. Oars “A sepemeres the ‘Mountains,”” ‘kom rey Moore's cleat the Armorer,” F. Schuchardt’ Kittle mieten apnea te iten's * ." There are -nine pictures in collection. CLOSE OF THE SECOND RXHIBITION OF THB ‘ SOCIETY OF AMERICAN ARTISTS, The second exhibition of the Society of American Artists closed last evening, when, in spite of the rain, there was a fair gathering present. The attendance, as a whole, was good, aud on Sundays, when the gal- lery was open free, it was crowded, The list of sales is, however, not very enco . io fol- ioving? are it pire Sow Bow’ “Tho Seine at Ju Pr scene ; bs x4 ’ VA ureh's M. Stone's “Played Out,’ . Dewing's “A Slave,” Walter Shirlaw's “Head” and John te farge’s Flowers.” A SELF-CONFESSED MURDERER, The police authorities have been busily engaged for some time investigating & confession of murder which was made some time ago to the English prison authorities by s men who had = been = arrested = in London charged with felony. This man alleges that, tempted by poverty, he drugged s gambling acquaintance in this city in August last with the tn- tention of robbing him, and that, becoming fearful that the dose had killed the man, ho frown. "This story” eeems to be borue out oy tbe wi seoms a Sooke of the Coronors’ office, ax there a record of the finding on the 17th of A , 1878, of w body fim by tbe LSealeseed mu eamsviiona al THE CATTLE of the remains of the three cattle condemned by Dre McLean, the veterinary surgeon, and which were to bo: sinughtered yesterday. He invited to bo mt at these Shien Ltan- Robertaon and lopkins, the Ameri- ott con morte’ Saeed ater te yond @ doubt that the suimals bad pleuro-pnou-