The Evening Telegraph from Philadelphia, Pennsylvania • Page 1

1' A J. VOL. VIII-No. 13. PHILADELPHIA, TUESDAY, JULY 1G, 1867.

DOUBLE SHEETTHREE CENTS. 1 THE TRIAL OF MAXIMILIAN, THE LAST DAYS OF THE EMPEROR. JFeUl Acconnt of the Trial at Maximilian, Ulrtmon, and Mejla. The following account of the trial of the Imperialist la translated from the Mexican Journal La Sombra dc At tcaja, of Queretaro, June 18. The three days' prorogation granted by the supreme Government to the counsel of the criminals for their further deiense having expired, an order from headquarters organized the Court-martial, aud In virtue of the orders from headquarters the Adjutant-General issued Ills order as follows: buy Corps of the North, AronTANT-GKNit-bais Qiierktaro, Mexico.

At 8 o'clock on the l.ltn, will organize, and be com-posed ol the following oilicers: President Lieutenant Colonel l'laton Members Capiain JoseV. Ramirez, Captain Miguel Lolero, Captain Ignaclo Jurado, Captuiu Juan Ittiedny Auza, Captain June Verasllgue, Captain Luoua Villugraii. This court martial will meet at the appointed hour, at the Theatre or lturblilo, In conlorniily with article it and paragraph 6 of general orilers of army regulations So. 37. All oilicers not on duty will attend punctually on the court-mailiul, at the place and tinie.iDeiitloued.

At 6 o'clock A. will be formed In front of the Temple of C'apuchlnaa, fifty mounted rilletnen. of Oaloana, with their con enponellug oilicers, armed and equipped; and filly men of the buttalion of the guard "of the supreme powers," likewise with their arms, equipments and oilicers, both or which detachment will Iilace themselves under the orders of Colonel Miguel 'alacloH, commanding 2d Brigade. (t-lgned) BIEBRA. Countersigned Medina.

At 8 o'clock A. on the 13th of June, the court-martial Assembled at the Theatre of Itnr-bide, and the uudlenoe was very large. The stage was occupied by Uie Court, leaving the rei of the theatre to the spectators. The right of the stage was occupied by the members of the Court, and on the left, and Immediately opposite, were placed three stools lor the criminals and seats for their counsel. The most profound emotion was depicted in the countenances of all, and the silence that reigned in the circle could almost be felt.

Messrs. Mlramon and Mejla were brought to the theatre at 9 o'clock, in the morning, In a coach, escorted by a company of riflemen of Galeaua, covering front and rear of tue vehicle, flanked by a company of the "supreme powers" on one side, and one company of the 4th Ltattallon on the other, In thiswise they arrived, and were delivered over to the oilicers In charge of the court-room. The President opened the Court. The members aud the couusel took their seats, all being In strict uniform. The Judge Advocate, Lieutenant-Colonel Asplroz, read the charges, after which was read the order from the Commander-in-Chief.

The previously taken declarations of the prisoners, flrst, Maximilian, then Mlramou and Mejla, were read. Next followed the confession and charges, after which there were some slight unavoidable interruptions, such as, for example, Maximilian asked that he be permitted to call three lawyers of Mexico to defend him. He also desired Baron Magnus to be called; that he had matters of his family to arrange, and also matters of a national character touching Venice, Italy, and Austria, ol the ntmost lm- Bortance to those countries. The General-in-hief granted the prayer of Maximilian, forward-lng his despatch to General Porflrlo Diaz. The latter, however, would not allow the telegram to puss into that city, on account of Its being besieged, stating that he must have a special permit from the supreme Government of the same, which was granted.

Maximilian named as bis counsel Mr. Jesns Vasquez, of this city, and Eulalio Frrepa, Mariano Hlva Palaclo and Rafael Martinez de la Torre, of the city of Mexico. Mlramou nominated Messrs. Jauregui, of Ban Luis Potosl, and Arabrosio Moreno, of Queretaro. Mejla nominated Mr.

Prospero C. Vega, also of Queretaro. The counsel having read their acceptation of the defense, other documents of a preliminary character were presented and read, but the rapidity of the reading and the confusion In tho proceedings do not enable us, at present, to give a detailed account of tnein, according to numbers and dates, or of their exact statements. We Will, therefore, content ourselves only with speaking of the main one. Among the documents regarding Maximilian, outside of the petition aforesaid, there was one protesting against the Jurisdiction of the court-martial, claiming it to be an illegal proceeding against his person, Inasmuch as it was based upou the law of the 25th of January, 1802, decreeing sgainBt traitors to the country; aud that he, being a foreigner, could not be a traitor to the country that is not his own, and over which be exercised such high functions that he believed himself unamenable to the law.

There was also a petition, directed by Maximilian to the President, asking an interview, and the answer of the President, stating that the Interview could not be granted, beuauseof the limited time allowed by law lor his trial, but that he could address him In writing anything be chose to say. An order from Heauquarters also advised the Judge Advocate that any protest or exceptions taken by the accused shall be properly certified, aud a copy of It given to those interested. Mention wus aUo made of the certificate of Illness of Maximilian, arguing in favor of the prisoner being removed to some other place, for change of air. Next was read the nrotest of Mlramon and Mejla against the Jurisdiction of the court, which being rofuseu, thoy again excepted to, because they were denied the right to appeal, there being no Supreme Court in the nation, and they aked only that they furnished a certified copy of the rulings of the court. These proceedings having been goue through with, the accused, Thomas Mejiu, was brought Into cotfrt, and was seated on a stool, guarded on each side by an escort of the "supreme powers." Mr.

Prospero commeuced the defense. We have beard a great deal, and have read much, but never have we heretofore felt the ad ml rotation inspired In us by the able counsel, tilled with the principles ot right most applicable to the case, delivered by the heartand inspired by the most liberal principles of our great code, the Constitution of 1867. This masterpiece of oratory moved profoundly the entire audience. The points of the defense were three: 1. The meaning of the law of January 25; 2.

Its application to the defendant. 8. Its constitutionality. The counsel held that the law of January 25 is only applicable from article litn to 11th inclusive, because the balance confllcis with the law of nations and cannot subject the accused to the penalties of said lnw. The President asked the acoused if be had anything to say in bis defense.

He answered no, that all was said by his counsel, but that if anything was forgotten tho counsel would state It in proper time. Mejla whs then led out, and immediately Miguel Mlramon was introduced. Messrs. Jauregui and Moreua reud successively the defense ot the aocused, with but slight dltterenoe lu the legal part of the defense. Hie same points being claimed us were made in the defense of Mejla.

regarding the Incompetency of the Court and the refusal of the right of appeal. A great many authors were read touching the case In point. But the main point of tho defense went to establish the fact that the law of January 25 could not be applied to Mliamon; that he was accused of stubborn resistance to the Constitutional Government, bis prouunclamento in Pnebla, bis abstracting the funds of the Convention, bis usurpation of power, and. lastly, his last campaigns under the flag of the Km pi re. Next followed the trial of the Archduke.

Having been confined to his bed for some days previous, be was this day, if anything, worse. Mr. Manuel Asplroe repaired to the prison, from hence be returned shortly, stating that It was impossible for the prisoner to appear. In ronsequence of which Messrs. Jesus Maria Vasouezsnd Knlallo Ortega alternately read the defense.

The first part of the defense comprehended all of the legal points applicable to the kase It was claimed that the Court was lnoom-ti trv the case, that the law could not be knDlled and the unconstitutionality of the iuie and they strongly argued against the lr-ipffui'arltyof tue prooeediugsol the Court, in the nil wiLuesses.doeumenta.andofDroof. ln which the defense Ouds itself la incomplete. That the case under magnitude. Involving so mauv Iwiintsof international law.hlstory.aud politics. forty-eight hours which were granted Its oreDaratlon.

That the Prisoner should not be deprived of the proper prisoner ju particularly la X5I ease it is imperatively necessary the the case requires that all the legalities liberation mark the proceedings, in order that the fair name of this Republic should remain unimpaired before the world, which so anxiously awaits the solution of this iclal drama. Beveral author were cited to sustain the po-d-tlon taken. The court overruled the position taken, and forced the defense to trial, the counsel declaring that they could, but would ot keep silent, In view of the incompetency of the court and the Illegality of the law, and then commenced giving a history of tho prisoner. Mr. Ortega, who was then speaking, said he would answer to the charges made against the prisoner because be was forced to do so, not because there exlated any proof sustaining the charges.

He ran over the history of the accused, bis arrival In Mexico, answering to the charge made against him as an usurper. He said, Maximilian being at Miramar, received a delegation of Mexicans, presented to him by a high functionary of the court of his brother, who came to offer him the crown of Mexico. Maximilian refused to accept the crown until the will of the nation should be known to him. Meanwhile the rench occupied Mexico, and under the terror of bayonets the Assembly of Notables was convoked, who voted the creation of an empire, or which the Archduke was to be the head. Under the Influence of the said assembly many municipalities gave in their adhesion, and these acts of adhesion were remitted to the Emperor elect.

Maximilian, still hesitating, consulted the most eminent Jurists of England, and the college of London declared that he was elected by the will of the nation Emperor. The Jurists of London, as well as the candidate, ignored the means used in Mexico la order to obtain the unanimity of the people by triumphant parties. Maximilian accepted, not believing himself a usurper, but, on the contrary, Its legitimate sovereign; and, moreover, this Oellef was confirmed by the reception he reoelved on bis arrival In this country, unaccompanied by troops, and none with blm but his fttmlly, the ovations tendered to him in bis transit from Vera Cruz to the City of Mexico, and at the laces he visited afterwards in toe Interior of he country. Mr. Ortega denied the charge that Maximilian was there as an Instrument of France; that the Archduke bad been In conflict with ber since the agreement at Miramar; that there France asked the cession of Honora, and be refused it.

and even Insisted that the article claiming this pretension should be stricken out; that be constantly opposed the demands of the French olliclals, and this state of affairs lasted until they quit the country. When Maximilian perceived the first symptoms of general discontent he withdrew from the capital, and In Orizaba and Cuornavaca be called around him bis Ministers of Htate, and consulted with them about the legitimacy of bis election and the will ot the people, and they represented to him the entire fidelity of the people. Most ably did the counsel refute the charge of cruelly charged upon the prisoner. Ue said tne law of the 3d of October was made by Maximilian when he was cheated into the belief that President Juarez had abandoned the territory, and that one of the articles ot that law was dictated by the commandet-ln-cblef of the French. Mvreover, this law was only Intended as a terror, because never was a petition for pardon presented but It was conceded.

He bad given orders that no matter at what hour of the day or night a petition for clemency came, be should at once be Informed of it; that neither bis rest nor his labors should be regarded, which was strictly observed. Finally, the couusel argued the unconstitutionality of the law of 1802, it being Incompatible with, the spirit of the Liberal party and the rights of the nation, Inasmuch as the conqueror is made the judge of the conquered. The counsel closed, earnestly asking of the. members, in the name ot civilization and the history which will judge of the terrible deeds done this day, for the defenders of the second independence of Mexico, to save the good name of this country in the eyes of comlug generations, tbatthey may forever applaud the crowning of the greatest of victories with the greatest of pardons. Hero ended the reading ot tbe eloquent defense.

It was 9 o'clock at night when the President annouueed that the court stood adjourned to 8 o'clock to-morrow morning, that the defense could not longer continue, as the court desired to consult counsel lu reference to some points in the case. June 14. At the stated hour the court-martial, having gone through tbe usual form, was declared in session. None of the acoused were present. Tbe President asked the oounsel for the prisoners if they had anything further to advance for tbe defense.

They answered not at present, but wished to reserve further argument nntil a later period lu the trial. Mr. Manuel Asplroz, tbe Judge Advocate, then react the charges against the accused, sustaining the same by certain official documents emanating from tbe so-called Imperial Government. Mr. Asplroz nulled with bis known ability a dignified and solemn energy which indicated no doubt as to tne result of the trial in the minds of bis hearers.

Among tbe accusations against Maximilian, was found that terrible charge of having attempted to prolong tbe war by bis celebrated decree of March 7, la which be created a regency, in case of his death in any of tbe coming battles. To rebut the effort made by Mr. Vega to overthrow the charges reason of the absence or any prool of the same, the Judge-Advocate said that all tbe charges wore founded upon the notoriety of the acts, and that notoriety was sufficient to establish tbe accusation. That, according to article 28 of the of January 25, It would have been sufficient to establish It as a capital offense, even previous to the identification of their persons. Tbe absence of those records and testimony, which the counsel deems so strange, amounts to nothing.

They are not needed. The prisoners were captured with arri in their hands, and their crimes are known to tbe entire world. He oonoiuded by asking that capital punishment be adjudged the accused. Messrs. Vasquez and Ortega then successively addressed the Court for the defense.

The first of these gen tleraen carefully refu ted the charges, and concluded with these memorable words, addressed to tbe Court: "If you condemn the Archduke to death, I am not uneasy about a coalition in Europe, or the threatening attitude that the United States may assume towards the Kepubllc. I have confidence in the Liberal armies that have rooted out the French from this soil. Hut I fear tbe universal reproaon nat will lall upon our country, as an anathema, more than even the sentence of death, because of the nulllly of the proceedings of this Court." At this point Mr. Ortega prooeeded. This gentleman is an orator.

We have seen him, and were reminded of tbe beauties or Mlrabeau. His audience was held spell-bound. He went into tne case with that power oi improvisation so remarkable In blm. He protested against the Irregularity of the proceedings. He called attention to the principle in right and law that tbe judge Advocate snouia nrsi reaa nis peuuuu before tbe defense commences, because the lost woras to do neara by the court snouiu oe those of the accused.

We charged the Judge Ad-, vocale with baviug formed his petition from' the answers made by the defeuse, la view of me proois mrnisneu Dy me uerouse, which is at variance with the legal practice and tho rightful nutore of all things. He reproached the Judge Advocate with having collated into his petition prooi mat naa not been read during the trial, which, apart from proving that that officer had taken advantage of the suspension of the Court during the night to perfect his ao-cusation, but making points which were suggested to him by the deiense, this being against all law In a question where life and death Is concerned. It bad more the appearance of trying the prisoner on his own statements than by the proofs adduced against him by the prosecution. Regarding the accusation against the Archduke that he attempted to prolong the war by appointing a Kegency in case of bis death, said the counsel with earnestness aud spirit. I declare that Maximilian's subsequent act of abdication at the Cerro de la Cam-pana is In existence.

On my honor lean assure you, and likewise can the faultless Liberal. Mariana Rivas, assure yon, that in that abdication there is no evidence of a regenor Concerning tbe artiole 28. of which the Judge Ad-vocale spoke in justification of the absence of evidence and documentary proofs, all the oounsel for the defense answered In so many words that tbe times of tbe Inquisition bad passed la which nothing bat the mere forms were all that were required for conviction. They never supposed that Mr. Asplros expected the honorable court, whose youthful members were the brave and noble soldiers of tbe Republic, had assembled for the purpose of condemning, aud not convicting.

And lastly, that they never believed that the honorable court would make a farce of justice, under a watchword. Instead of proceeding according to the dictates a their own consciences. They (the counsel) scorned to entertain this Idea of the brave chiefs composing this council. The Idea Is the offspring of the strange argument of the Judge Advocate. One of the counsel for the defense, we believe Mr.

Vega, asked tne Judge-Advocate by what right be annulled the order of tbe Supreme Government, demanding him to proceed according to ertlolis 6 and 11 Inclusive, comprised in the law. of the 25th of January, omttttug the balance, and among them article 22. Mr. Orte- read the order and made a note of the la-ractlon. Mr.

Jauregui having closed for the defense, Mr. Moreno presented a protest based upon three propositions, energetically protesting against the admission of evidence subsequent to the trial, inasmuch as the prosecution had been closed up, and the Judge-Advooate had ample not ification of the defense. Without anything further transpiring, the Court went into secret session for the purpose of passing the sentence. At near 10 o'clock at night the court-martial dissolved, and we are not at this moment officially Informed of the decision. The court-martial is over, and the republic after having struggled until they brought their enemies to the bench of the accused, after having beaten them in a thousand fights, will this day decide their fate, either by approving their sentence or extending clemency.

The ciiy, the republic, the world, awaits anxiously the results of this torrlhle drama. Tlic Last Decree of the Emperor, Considering that If our death was to happen, the Government of the Ktiiplre would be headless on account or Die r.bsence ot its legitimate Regent, Our August wife the Km press Carlotta; considering that to remedy this great wrong, aud to secure ou our part the happiness of the Mexican nation, even alter our death, it is necessary to leave an established Uovern-ment whom the nation can recognim as the centre of union: considering that It Is through the fre-ly convoked Congress which will be decided the form In which It will continue to be constituted, and substitute tbe present one which Is the monarch, and for tbe same cause of our absence the Government will be deposited In a Regency. We decree: Article 1. Our Regents of the Kmplre. In our defect Incase ot death, 1).

Theodoslo Lares, D. JoseM.de Lacnnzs, and General Leonardo Marquez. Article, The Kegency will govern In accordance with tbe org.mlc statutes of the Kmplre. Article 3. Tbe Kegency will convoke Congress, which will definitely constitute the nation after the termination of the war by the action of arms or by amnesty, the legitimate and free election can take place, and that constituted power can assemble.

Article 4. The Kegency will cease and also the fiower with which we invest it In this decree at the nstallation ol the Congress. Our Minister ol Public Instructions Is recommended to Inform the Kegents heretofore named when necessary. Given at Queretaro, June 10, hi7. (Signed) J.

C. DOUIA. Secretary. Significant Reply of the Emperor. The following question was put to Maximilian during the trial: "Are you willing to admit that you are responsible for all the strife that occurred la Mexico since the evacuation of the country by tbe French?" "No," he answered.

"Juarez Is responsible for It all. After the departure of the French I sent a message to Juarez and proposed to him to proclaim a general amnesty, and to grant a full pardon to all who had been 1 ientlfied with me and the Imperial cause. Juurez refused this, and I bad no course left but to remain and to do all In my power to protect a large proportion of the Mexican people." TEA GED IN MEMPHIS. A "Pretty Waiter Girl" Assassinates Her Paramour. From the Memphis Bulletin, JulylQ.

Yesterday morning a dreadful murder tooc filace at the corner ot Matn and Poplar streets, which Charlie Wilson, the Treasurer of the Varieties Theatre, wai the victim, and Lottie fcberwoed, a waitress in the same establishment, the supposed murderess. For some time past the pair have been living together as man aud wile. It was known tbat they were not married, but they appeared to five together on amiable terms, and were seldom (riven to quarrelling. The girl, like many oi her class, was subject to fits of jealousy. She came to this city early in the year, ami has been enfjnsjed at the Varieties for several months, where she has always conducted herself in a respectable manner.

8he dressed well, but notgaudily and was careful of her earnings, aud at the same time of committing the rash act which sent her ''lover" unehriven into etertilty, the bad, it is said, several hundreds ot dollars deposited in her own name, while she was possessed ot some valuable jewelry. Is ho Is a native of Indiana, where it is said her parents reside. Her victim was a native of Schuylerville, New York, and his real name whs Lawrence A. Perrltt, although he was generally known as Charlie Wilson. He baa a sister living at Saratoga, and it is said his widowed mother resides in On the evening ot Monday the supposed murderess.

Lottie, sent word to the proprietors of the theatre, by Wilson, that she was unable to attend to her duties that evening on aecoum of sick Dees. Whether this was a rune or oot to get Wilson out ot the way while she entertained company," is not known. Bo that as it may, Wilson must have suspected something of tbe kind, for he left tbe ictsblishraent at an early hour in the evening. What took place up to 1 o'clock in the morning between the pair is not kDOwn. About that time the report ot a pistol was beard on Main street, near Poplar, and several policemen ran in the direction of the place where the shot was tired.

A man who proved to be Charley Wilson was seen staggering acrous Poplar street, and as he was about to fall to tho ground he was caught by oflicer Wilson, and in answer to an inquiry, said "Lottie shot me," and almost immediately afterwards expired. When the t-hot was fired the policeman saw a woman dressed in white ruunimr across Poplar street at a rapid rate, in the direction of the place where Wilson and lived. When the alarm ot the murder was given, the girl came down to the place where her "lover" lay dead, and throwing herself down on the corpse, sire indulged in a paroxysm ot grief ani called on "her Charley to come back to life," and cried and sobbed as it' her heart would break. During the entire day the antortunate woman indulged in great grief, and exclaimed otten that she wished she was dead, and asked a person who called to see her to pull out bis pistol end kill her on the spot. She also said that if she had only a pistol or a knife she would not be long in this world after "her Charley." After ouch exclamations she would indulge In another burst of violent grief, exclaiming that she wished she wns deal, as she had nothing now to live for, that her Charley was gone.

Lawson C. Ives, who lately died at Hartford, Connecticut, left $25,000 to the Hartford Theological Institute, $5000 to the Hartford Hospital, and $2500 each to the Widows' Society, to the Hartford Orphan Asylum, and the City Missionary Society. The late Judge Lumpkin, of Georgia, is described aa presenting in his youth a model of manly beauty. He was a natural orator, and was only eclipsed by Henry Clay in the graces of delivery and exquisite modulation of voice. Cholera is prevailing to a considerable extent in some parts of France.

Official reports likewise state that it lias raged In the provinoe of Lombardy ever since the beginning of February. It Is also reported on the coast of the Adriatic. Baron Gerolt, the Prussian Minister, did not wait on the President, a few days ago, on occasion of Lis recall, as stated, but to make the accustomed formal announcement of the marriage of a Princess of Prussia. Maximilian's Minister of the Interior has arrived in Washington. He gives a thrilling acconnt of his escape, and, of course, draws a dreadful picture the condition of the Mexicans.

THE FILIBUSTERS. Fifteen Hundred Men Raised In New York to Avn the Death of Mail-mlllan, and to Ileacue Banta Anna JelT. Thompson Offered the Command of the expedition. The friends of Maximilian and Santa Anna, in New York, ate still enpaued In an effort to organize an expedition with a view to avenge the late Emperor's death. Although their movements are invested with Judicious secrecy, many ot their plans form exciting topics of conversation among their acquaintances, who gather nightly in a certain hotel on Broadway.

They are known to be bound by a solemn oath not to reveal aught which may militate apalnst their operations, or prevent the scheme of land-ine hostile forces on Mexican soil. It Fhould be stated here tbat the men who have charge of the enterprise are mere French and Austrian avengers, some of whom are refugees lrom the country they design to invade; but they have received a large amount already from the agents ot certain European Governments in New York, and they are now working with these sinews of war. They have opened three recruiting ofllces, one iu the ostensible Interrs ol Saota Anna, and two to raise men to avenge Maximilian's death: and they claim to have already enrolled over fifteen hundred men. It is generally believed, however, by those who know the antecedents of the chieftains of this movement, that their own aggrandizement, and not the "civilization ot Mexico" or the wrongs of Santa Anna, is the grand object ot all their efforts. It appears, from all that can be learned of the movements of the adventurers, that shortly after General Jeff.

Thompson, late of the Confederate service, bad arrived at bis hotel In New Yors, they waited on him aud solicited him to take command of a filibustering expedition. Tue General is said to have replied that if the number of men raised were In his opinion equal to the emergency, he would probably consent to become their leader; and the visitors at once declared that a large force would be placed at his disposal, and that he would be joined by cavalry from Richmond on arriving on the Texas shore. The deputation then witndrew, and they are now engaged lu the work ot raising men. This is one of the reports in circulation about the matter. The filibusters.

It should be said, are con Silent of support from other quarters. It is rumored that General Logan Is to proceed to Ran Francisco In a few days with a view to take possession of a section of Lower California, which was sold some time since to the United States by the Mexican general. He is to be accompanied by a large force of miners, to work in the tilver mines owned by the company, of which General Butler Is said to be a Director. A'eio York World. LEGAL INTELLIGENCE.

The Wlnnemore Case. (SUPREME COURT. Tho end ot this case, so far as courts of Justice are concerned, has at length come. When this Court, Judges Thompson. Read, and Ag-new on the bench, was sitting In this city durlug the first week of the month, Mr.

Warrlner. counsel for Ueorge W. Wlnnemore. who was convicted of murder In the lirst degree and sentenced to deatb. made application for leave to Hie a petition for a writ of error, in order to have tbe case reviewed by this Court.

At that Hue the papers were not quite ready, aim soon after the making of this application the Court adjourned. But by the instruction of the Court the mat ter was afterwards given to the Judge, and recently a decision by Judge Thompson was tiled In tbe i'rotho-notary's oflice. In regard to the exception to tbe rapidity with which tbe case was put through by tbe Court below, the Judge said: "It Is a uituier entirely within the sound discretion ol tbe Court, alter a hill is found, wbeu a prisoner shall be put on trial. It is, therefore, not a question which Is the subject of review in a superior or appellate couit." An exception was taken to the decision of the Court In overruling the challenge for cause of a Juror. Tbe ground wus want of education, rafher than nat ural capacity or intelligence.

He could reud but little: only read newspapers, never read a bouk, aud did not know his age. Mow, while this showed a low state of Instruction, it did not show want of capacity to reason and Judge of what was orally communicated. The statute provides no degree of learning as a prerequisite to be a Juror, itouly requires that a sufficient number of "sober, intelligent, aud Judicious persons to serve as jurors" shall be drawn, and It does not follow thai because a man may not have read books, or may have confined his readings solely to the literature of the newspapers, he Is not Intelligent enough lor a Juryman. But the prisoner got rid of tbe Juior by a peremptory challenge, and It Is not pretended tbat this led to such a diminution of bis rigbt to challenge so as to prejudice or possibly have prejudiced his case. 3.

Tbe next exception was to tbe competency of Adam Magllton as a witness lor the Comcuonweulth, ou account of defective religious belief. On this point the Judge laid It down: "That where there is a contrariety ol testimony on tbe point (of tbe religious bellel oi a person otlered as a witness), a court must ot necessity refer It to ibejury to gp to the credibility of the witness. There would be no safety otherwise, and the truth of this would be more keenly fell when an opponlte course might come to be applied to witnesses In lavorol a pilsoner than when against Mm." There was a strong conflict of testimony as to Mr. Hamilton's religious be.llef.and It was decided that "tbe Court could have done nothing else than tbey did on Ibis point ot the case, and consequently committed no error against Iho prisoner In admitting the wltueas to testily." Tbe Court bad no doubt as to the correctness of the rulings complained of, and therefore the motion for a writ of error was refused. Judge Agnew concurred In this opinion.

COURT OF QUARTER SESSIONS Judge Petrce. William Munu, District T. 11. Dwlgbl, Assistant District Attorney. Jonathan Horalb.

was charged with assault and battery upon David Bwelt-rer. From the statements of a host of German witnesses, which statements had a great tendency to contuse the Court, lawyers, and the Jury, It appears that tbe defendant was called 10 protect a man who was being beaten, and remonstrated with the prosecutor, wbo was tbe beater, and from words there came a blow; by whom administered was not satisfactorily ascertained. But one blow gave birth to many others, for eome-J ve or six other men that were li resent joined in the sport, and a most excellently general tight ensued. The Jury acquitted, Imposing tbe costs on the da- Dav'l'd BwelUer and Caspar Smith were charged with assault aud battery upon Michael Fisher. Fisher keeps a tavern, and In that tavera Bwollxer was silting one evening, nappy under the Influence of beer.

ibber said tie asueu nweitzer iu gu out, in oruer mat be might shut up bis place, and tswelt.er became angry aud struck btm. While ISweitr wus beating aud pouudlng satisfaction out of Fisher's big body, hmllh shut the door and cried, "Go In, Sweliaer; he he's so bigger as two ot you; but I sea you by its der lulr play; nopody shall come in." Michael Fisher was then tried upon a charge of assault and battery upon David ttweltzer. The testimony of the prosecutor la this case was that Fisher. In tbe most astonishing manner, picked up a board and struck blm on the bead with it. But the principal witness In tbe cate said there was no fight at all.

These bills were tried together. The Jury acquitted BweitKtrand Smith aud convicted Fisher. Adoiph hrowu was cliurired with assault and battery upou Charles lioscb. Doscb Untitled that while be was standing at the corner of Cadwalader street and Columbia avenue, tbe defendant cuane up and struck blm with a stick, and then with his Iit. Verdict guilty, with a recommendation, to lbs mercy of Peter Bo wen was charged with assault and battery li not bis daughter, Maggie Bowen.

Mr. Kuigbt stifled tbat one day recently, the date was not given. Maigie Boweu weul to tbe Episcopal iiosoltal, flee-I ir from ber father, her head was bleeding freely lrom many cuts and bruisei upon It. Tbe girl was not in court to say who did make these wouuds on her bead. Tbe only evidence on the point was that of ths officer, wbo arrest) the defendant which was that the defendant said before the Alderuitn that "It was a pltr a mau could not correct bis owu child which might be construed as an auknowledg-ment'tbat he was Inflicting some violence upon the "'Lowiirs face Is familiar In this Court.

Many times has be been seen In the dock, heretofore charged with the maltreatment of bis wife. He nas generally had oounsel to plead bis case, but this time he was a 1 alone When the evidence had been olnead he re-uuested the privilege of addressing the jury; but lor some reason or other tbe case was gtveu to the Jury, and poor Peter was not heard. Asa Adams was convicted ore charge of the laroenv paper belonging to Joshua Taggaru The paper hurt been placed by stationery dealer la an oflice on the wharf for shipment to It was takeu from this office aud allurwards found upou the person of the duleudanU Aaron Sweat, the negro oandidate for Congress in the Cheraw (S. District, is prosecuting his canvass with great rigor, and is quite confident of success. KcBBUth ia sow at Aix-Ies-Baino, in Bevcy.

SECOND EDITION TUE NATIONAL GAME. The Athletics, of Philadelphia, ve. the Tjrroleone, of Harrisburfr, Pa. IlARRianuno, July 15. The game of base ball between the Athletics, of Philadelphia, and the Tyroleon Club, of this city, was played this afternoon, and was witnessed by an Immense concourse of people.

The game from the commencement was all In favor of the Athletics, resulting in a score of fifteen for the Athletics and eleven for the Tyroleons. The Jfankropt Law in Charleston. Charleston, S. C.July 15. The first case in this Stated coming under the provisions of tbe new Bankrupt act, was decided In the United States Couct to-day.

Judge Bryan charged the jury that the suspension by a banker, merchant, or trader to meet bis commercial paper at maturity and non-resnmetlon of payment within fourteen days, although without fraud, created an act of Involuntary bankruptcy; that an assignment made under tbe State law last May, although in trust for benefit of the creditors of a trader, constituted the assignor an ln-voliintaryjbannrupt, as tendingto hinder and defeat the operations of the Bankrupt act. Steamboat Racing on the Hudson. ForoHKEEPsiE, July 15. The large steamer Drew passed this dock at five mlnutes-to 10 tonight, making ber time from New York In less than four hours. She was followed closely by the Connecticut, tbe latter being two miles astern.

Both boats were going very fast. The Connecticut appeared to be making two revolutions to the Drew's one. The moon shone splendidly, and tbe boats could be distinctly seen. There was but five minutes' difference between the two boats when they disappeared from view. Billiards A Ilun or Five Hundred and Siity-five Points.

Long Branch, N. July 15. John MoDevltt played a game of billiards of two hundred and fifty points to-night with Mr. Morris, of New York, In the Continental billiard-rooms. MoDevltt made tbe extraordinary ran of five hundred and sixty-five points on tbe two red balls, bis opponent's ball being pooketed.

Tbfe is the largest ran on record without getteng them Into the Jaw. A Brace of Murders in Louisville. Louisville, July 15 George Off, a well-known butcher, was fatally stabbed by John Smith last night, and James Wheeler, a moulder, was killed to-night by John Ferguson, a plasterer. Both the murderers were arrested. Base-Ball Match at Cincinnati.

Cincinnati. July 10. The Base-Ball match between the National Club of Washington City and the Cincinnati Club, yesterday afternoon, resulted in a victory for the Nationals. The score stood 53 to 10. Maximilian Avengers for Canada.

Montreal, July, la. It Is reported that eighteen Germans left this city to-day to Join the "Maximilian Avengers" In New York. Markets by Telegraph. Kiw York, July 1. Stocks are steady.

Chicago and Rock Island, MtV Reading. Canton, i'J: Erlo, 72Ji! Cleveland and Toledo. 121V Cleveland and Puuburg, Pittsburg and Fort Wayne, lulJ; olu-gan Central, 110: Michigan Southern. 80 New York Central, HkH; Illinois Central, 124': Cumberland preferred, Virginia 6s, Missouri lo2': Hudson River, lid; United States Five-twenties of 18fi2 do. 1804 l(if); da 1865, 109V: do.

new Issue, Ten-forties. 101S; Seven-thlrlies, lt)7; all others, I07a. Money, frtett per cent. 1 at sight, 110. Gold closed at HO.

Kiw Yobk, July 10. Cotton quiet at 26c Flour dull, and declined liKi20 60O0 barrels sold State, tU'lfc Ohio, Western, 7Cd.l'i'60; Houlh-ern, Wheat dull, and declined 2(j8 cents. Corn steady; 24.0O0 bushels sold mixed Western, tl 06U'u7. Oats firm; 31.0o0 bushels sold State, Vesleru. 82(u8.

Beef quiet and unchanged. Pork heavy new mess, 22'7a. Lard Arm at hisky quiet. Tub Remains of General Meagher. A telegraph despatch from the wife of General Meagher informs ns that although the greatest exertions might have been made to secure the remains of General Meagher, they have not yet been recovered.

FINANCE AND COMMERCE. OrricK or thb Evening Tklkobaph, 1 Tuesday, July 16, 187. The Stock Market opened very dull this morn but prices were without any material change. Government bonds continue In fair demand; 1862 5-208 Eold at 111 July 1865 5-20s at 1084, no chauee. 102 was bid for 10-iOs; 107 for June and August 7 -30s; and 1104 for 6s of 1881.

City loans were unchanged tbe new issue sold at Kailroad shares, as we have noticed for some time-past, continue the most active on the list. Reading sold at 524352, no change; Pennsylvania Railroad at 624, a slight decline; Philadelphia end Frie at 28, no change, and Northern Central at 43 no change; 31 was bid for Little Schuylkill; 63 for Norristoen; 36 for North Pennsylvania; 68 for Lehigh Valley; 2'J for Elmira common; 40 for preferred do; and 28 for Catawissa preferred. In City Pa6seuger Railroad shares there was riotuiutr doine. 68 was bid lor Second aud Third; 17J for Thirteenth and Fifteenth: 27J for Ppruce and Pine; 43 for Cuesnut aud Walnut; 13 for Hestonville; and 30 tor Green andCoates. Bank shares were firmly held.

1074 was bid for hcventh National; 160 tor Philadelphia; 140 tor Farmers' and Mechanics'; 60 lor Commercial; 31 lor Mechanics'; 110 for Kensington; 67J lorGlrard; 95 for Western; 31 for Manufacturers'; 70 for City; 42 for Consolidation; and 63 tor Commonwealth. In Canal shares there was very little movement. Lehigh Navigation sold at ill, a slight decline. 30 was bid for Bchnylkill Navigation preferred; 118j for Morris Canal preferred; and 17 for Susquehanna Canal. Quotations of Gold 10J A.

139f A. 140: 12 1404; 1 P. 1404, an advance of on the closing price last evening. Elsewhere in our paoer to-day will be found tbe announcement of Messrs. E.

W. Clark Jay Cooke and Drezel Co of their agency for the sale of the bonds of the North Missouri Railroad. These boads ere oy a nrsi mortgage on a road through a productive country, one huudred snd seventy-four miles of which are already completed. Tbe Snvebtment a perfectly one, as it is the first mortgages which are given es security. They are sold, lor lnduceineut, at 85 per and bear 7 per cent, per aunum, which equals an assured Interest of 8 Pr oent' We have no doubt but that those havi" capital to invest will avail themselves of this opportunity.

The security is good, the interest -The (State loan purchased byJeTCooce Drexel and W. Clark rapidly being absorbed. The $16,000,000 purchased by these bankers have been reduced to a were fraction. On Friuaj UH tlW.MO were sold; on Pntnrdny the amount taken by the people was and this week the sales have reached a quarter of a million. What a comment upon the Qnnncial credit of our Commonwealth, when Its loans are taken by our own people with a rapidity surpassed only by the patriotic readiness with which the people pur-ctmed the bonds of the Government In war timel PHILADELPHIA 8T0CK EXCHANGE SALES TO FAY Be ported by Debaven A No.

40 B. Thlra street BEKOHK BOARDS. 100 sh Ocean FIRST BOARD. inoo s-ios nv lluooOA M1 litflsu Head B-. 62' (00 do S'2' 411O do b30.

ti'i 15 sh Ieta stk 70 sh 4.1V 4 sh Feuna b2' loo do 02 10 sh Phil K-stiu- 26 ilo.t2..cp....lll)i IWO iiasi 8 W'i fjiooo do. 97k tlisio All County Co 6a. SlocoIjebSs '84 9 J0U0 do bswn. SB Messrs. Do Haven Brother, No.

40 South Third street, report the following rates of ex change to-day at 1 P. U. 8. 6s of 1881, 110 tr.uuf; ao. llljlll; 1864, 103r lh9j; 1091 (iglos); 1865, new, 108(jj) 1084; 1867, new, 1081084; do.

6s, 10-40s, lommt; do. 7-30s, Compoand Interest Notes, June, 1864 119-40; July, 1864, 119-40; do. Aueust, 1864, 1184(3119; October, 1864, 1174(ill8; December, 1864, 117117J; May, 1866, 1162116; 1 im, September, 1)5, llSOliei; October, 1865, 114i115; Gold, 1400140. Silver, 132i134. Messrs.

William Painter hankers, No. 36 South Third street, report the following rates of exchange to-day at 12 o'clock: O. 8. 6s. 1881, 110ail04; D.

B. 6-20, 1863, llUllli; 1864, 109(3)1094; 1865, do. new, 1081084; 6s, 10-40s, 102(3) 1024; D. 8. series, 107(108; 2d nnwina 1 1 1 .1 ai 1 AW I mwl dciktb, ivHtiifiun; qu scries, tuisuiiuji: iom- ponnd Interest Notes, December, 1864, 117; May, 1865, llfit; do.

Aueust. 1865, 1161; do. September, 1865, 114 do. October, 1865, 114. Philadelphia Trade Tuesday, July 18.

The demand for Cotton is extremely limited. Small sales of middling at 26 cents for upland, 27 cents for New Orleans. There Is nothing doing In Quercitron Bark, but No. 1 Is held firmly at ti'i ton. The Flour market is extremely quiet, bat with, an unpreoedentedly small stock, holders are enabled to realize full rates.

There Is no de-mand, however.except to supply tbe Immediate wants of the borne consumers. Small sales of superfine at $ij8 50 'f barrel; extras at I'Jftvtf 50; Northwestern extra family- at $10(gil2 60; Pennsylvania and Ohio do. at 811(H13; aud fancy lots at higher figures. Rye Flour Is reported at 7'87). Prices of Corn Meal are nominal.

The receipts of new Wheal are light, and there is very little old here. Bales of old red at t2'85. and 800 busbelB new Southern at 2 602-75. Rye Is sold at 11-76. Corn 1b dull at the late decline.

ric ui i uusueiH yeiiow at icxgii i.i, ana 2000 bushels mixed Western at $112. Oats are lower, and 2000 bushels Pennsylvania sold at ti. LATEST SHIPPING INTELLIGENCE. PORT OF PHILADELPHIA rrr tt 8TATB Or TBKBMOUETIB AT THB XVBNINO TBI. MKAPK OrVICH.

i 7 A. A. P. For additional Marine Newi tee Third Page. CLEARED THIS MORNING.

Rchr Jnlfa Baker, Raker, Bath, Leuuox A Burgess, bchr est Wind, Lawson, Dostou, Qulntard, Ward A Bchr J. Clark. Fowler, Providence, Westmoreland Coal Co. Bchr Alary G. Farr.

Mnloy. Providence, -i do. Bcbr J. Burley, Williams. Boston.

L. Audenrled Co. c.ur St J-Ueraty, Weredllb, Rockport. do. Fastwlck wtn8Inre' lwn, C.

J. J. H. Bcbr E. W.

Reeves. Green. Petersburg. R. Jones.

boston. J. Baisley A Co. Bcbr Hand, Hand. Kewburyport, Bchr J.

Maxfleld, May. Boston, Penn Gas Goal Co. ARRIVED THIS morning. Barque Oak Ridge. Olnn, 13 days from BombrerO.

With guano to Moro Phillips. Bteveu. Croucher.e days from Boston, In ballast to Warren, Gregg A Morris. Du.u. uri Asperanui, KiDeran.

10 days from Trinidad, with molasses to 8. A W. Welsh. Brig Kurua, Ackley.5 days from Boston, In ballast to captain. Bohr Helen Mar, Nlckerson.f days from New York.

With salt to liurum A Bon. Bcbr Mary G. Farr. Maloy, 6 days from Providence, In ballast to Westmoreland Coal Co. 14th off West Bay Light, L.

Herbert O- Maloy.aged 7 years, fell overbourd. and was drowned. rchr A. Walton, Rich, days from New Bedford, in ballast to captain. t-chr K.

J. Heraty, Meredith, days from Boston. In ballast to captain. Bcbr H.O. Hand.

Hand, 6 days from Newburyport. lu ballast to canialn. bcbr w. J. Parks, Bogart.

4 days from New York, si lib mdse. to captain. Bchr Challenge, Bkeller, 4 days from Ipswich, In ballast to captain. bchr Fussett, Harding, 6 days from Boston. In' ballast to captain Bchr M.

Gage, Hheppard. 6 days from Boston, la bal-lasl to captain. Bcbr J. Buk er. Baker, 8 days from New York.

In ballast to captain. t-chr J. H. Austin, Davis, days from Boston, in bal-lsst to captain, Bchr West Wind, Lawson, days from Boston. In ballast to captain.

bcbr J. Clark. Fowler, 4 days from Providence. In ballast to captain. Bcbr J.

Burley. Williams. 6 days from Boston. In ballast to cantata. Bcbr W.

B. Thomas, Wlnsmore. 4 davs from Balem In ballast to O. J. fc J.

H. Eastwlck. aiem. Hummer Barnb, Jones, S4 bouts from New York With mdae. to W.

M. Balrd A Co. AT QUARANTINE. Bchr W. D.

Haskell, lrom West Indies, MEMORANDA. for ed "em lchl Doiignty. hence, at Portland 15th pSnuul lor Fall River, passed New- IliniK for Philadelphia. sailed tromNew Uuju," nstr'Ug' cleared at Kelly; A. R.

Wetmore, Lip- oi worou, jarvis; and Ju. H. Carlisle, Potter, lor Philadelphia, sailed from Providence JUth Inst, T.I.H I'lrlok. aud Union Flag. Malouy, Cor Philadelphia, cleared at Ht.

John, N. 12th Inst, instant Marvl" heuce. at Richmond loth lnstanu Grlnlth Cobb' hence. Newburyport 12th bcbr c. R.

Vlckerv. Babbitt, for Philadelphia, sailed from Fall River 121b lusu Bchrs G. W. Krebs, Carlisle, and W. Frailer, Apple-garth, hence, at Richmond 12lb Inst, Bchr Albert Field, Pettit, hence, at Fall River 12th Instant.

bchr A. Walton. Rich, lor Philadelphia, sailed from New Bedford Mlh Bcbr Mary Ella. Tapley, benoe, el Portsmouth llth Instant. Bcbr C.

L. Vandervoort, Chase, beuo. at Gloucester Mary Price, Garrison, heoca. at Plymouth llth h'r'i. BheDDard.

Bowdltoh, benoe. at Provldenoe "sflirlt, E. BafTofd. Hanson, from New Bedford tot Philadelphia, at Loudon mu last. far xni.ioHBAr'H.l -n Vnnv Inlr aLeatushfn Atlantis from Bremen lust.

(steamship Uecla, from Liverpool lost. DOMESTIC PORTS. 1 New YoK July ia. Arrived, steamship Albemarle, Bourne, from Norfolk. Xaruue G.

H- Jenkins, Doty, from Burnt Island. Itarmie W. Itailiboue, Pratt, lrom Havre, llaiquo Nuova Fame, Gabella, from Rio Janeiro. PP. W.

B. THE PET OF THE HOUSEHOLD. P. P. W.

B. PARIS' PATENT WINDOW BOWER, Every housekeeper should have them to their shatters; they supersede the old-fashioned ribbons. Prloe Twenty-live cents per pair, bold everywhere, ana whoiuale aad letall 0 b. pakiIj. Ne.

27 8, TUXUX) buevt. i.