Historical Newspapers of South Carolina

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VOLUME XI.-NUMBER 1883. CHARLESTON, THURSDAY MORNING, JANUARY 18, 1872. EIGHT DOLLARS A THE STATE CAPITAL. JLN END FOR TSE PRESENT TO TSE KU-KLUX TRIALS. Furty-elght Confessing Ku-Klnx Sen? tenced by the Court-The Petit Jury Discharged-Judge Bond on the W ing -Bio Decision in tbe Case or Colonel Me Master. [SPECIAL TELEGRAM TO THE NEWS.] COLUMBIA, January 5. The United States Court has virtually com? pleted its work here for the present. Forty eight confessing Ku-Klux from Spartanburg were sentenced to-day to terms of Imprison? ment ranging from one month to two years. The petit jurors were then finally discharged by Judge Bond, who, it is understood, leaves here to-morrow for Baltimore to begin the term of the Circuit Court there next Tuesday. The grand jury is not yet discharged, and will probably sit a few days more to find more in? dictments, but the trials are at an end for the time, and perhaps forever. No decision has been given In the McMaster case. No quorum In the Senate or House. Both bodfes adjourned to noon to-morrow. NOTES AND DETAILS BT MAIL. - The Arguments for and Against Colonel McMaster-Privilege? of Counsel-The Decision of the Court Reserved. [FR9H OUR OWN CORRESPONDENT.} COLUMBIA, S. C., January 4. The effort to find in the person of Colonel F. W. McMaster a vicarious sacrifice for Dr. .E. T. Avery, his client, who has put himself j beyond the jurisdiction of the court, occupied the entire time of the United States Circuit Court to-day, but has not yet resulted in a de? cision. The deepest interest Is felt In these proceedings against Colonel McMaster, on ac? count of his known reputation as an able law? yer and an accomplished gentleman, and the court-room has been, during the past few days, crowded with an audience comprising many well-known members of the legal pro? fession. Among the legal gentlemen in at? tendance to-day, In addition to F. W. Ficklin, Esq., and John Watles, Esq., who are directly interested In the defence of Colonel McMas? ter, were Judge Moses, Judge Melton, William Sullivan, Esq., of Laurens, General S. McGow an, of Abbeville, Colonel James* S. Cothran, president of the Blue Ridge Railroad Com? pany, Colonel J. D. Pope, and Messrs. W. E. Bac ti man, L E. Le Ce ute, D. B. DeSaussure and others of the Columbia bar. At the opening of the court, this morning, the argument In support of the rule of tbe court was begun by Attorney-General Cham? berlain, who disclaimed having any acrimony or personal feeling against Colonel McMaster, for whom be said ne could noPbut entertain the highett respect and esteem. He did not j consider himself an advocate in the case, but ? the duty had been laid upon him by the court,, and was also in direct connection with his du? lles as an assistant in the prosecution of the cases now before the court. He tben proceed- ! ed with an asjru m en t of some length, claiming at the outset that Colonel McMaster had, by declining to answer the questions propounded, exposed Jirsself to the inevitable Inference that he had known of the lutention or purpose of Dr. Avery lo absenting himself. It seemed to the counsel that the only defence that re? mained wes the assumption that Dr. Avery's communication to Colonel McMaster was a privileged one In the exercise of professional duty toward his client. Upon tula point Mr. Chamberlain claimed that he had gone far be? yond the privileges of attorney*, In communi? cating with his client as to his absenting him? self from the control and jurisdiction of the court, and cited a large number of authorities in supp?t t of this proposition. ?? Mr. Corbin followed'on the same side, read? ing a brief written arguaient, going over about the same ground aa? bis col lea jue, alter which John Watles, Esq., closed the argument rn'favor of Colonel McMaster. Mr. Waites,' -after alluding to the gravity of the question Important, not only to the counsel at the bar, but to every citizen in the country-said that he intended to confine himself t> the law in the case, and*lo the rule which had been serv? ed on the respondent, and which wa) the bill of Indictment in this case. He quoted largely from Lord Eldon and others to show that where the seal o? the law nad been once put upon the lips of counsel by tu1? confidence of ] his client, the court was bound to respect that seal, and hot at liberty even to permit the coun? sel io reveal his client's confidence. He argued further that the hypothesis that Dr. Avery had made some communication to Celonel McMas? ter 7 upon which the whole argument for the other side was based, was, alter all, simply a supposition, which was not even-attempted to bd> proven by testimony; that even if such communication had passed, a refusal to reveal lt could not be construed as an act of con? tempt, and that even if the respondent had been guilty of a contempt the punlau ment pro? posed to be visited upon him was an extreme and unprecedented one. The court then, at three o'clock, adjourned until to-morrow, when lt ls expected that the decision upon Colonel McMaster's case will be announced. _ _PICKET. . 1 1 - 1 " 'CONTETANCE3 OF REAL ESTATE. The following act has passed both Houses of the General Assembly, and awaits the ap? proval of Governor Scott: * AM ACT TO MORE EFFECTUALLY PROVIDE FOR THE RECORDING OF ALL CONVEYANCES OF REAL ESTATE. SECTION 1. Be it enacted, Ac, That every con? veyance of real estate, within this State, here? after made, shall, within thirty-three days, be recorded In the office of the clerk of the coun? ty in which such real estate shall be situated, except in the County of Charleston, where all such conveyances shall be recorded, within the same time, In the office of the registrar of | mesne conveyance, and every such convey? ance not so recorded shall be void as against any subsequent purchasers, iu good faith, and for a valuaole consideration of the same real ?slate or any portion thereof, provided such subsequent purchaser shall have first recorded his said conveyance. SEC. 2. Different sets of books shall be pro? vided by the clerks of the several counties for t h & recording of deeds and mortgages, In one Of which sets all conveyances absolute In their terms, and not intended as mortgages or as sureties in the nature of mortgages, shall be recorded; in the other set all such mort? gages or sureties in the nature of mortgages shall be recorded. SEC. 3. All acts or parts of acts inconsistent with the provisions of this act are hereby re? pealed. Ratified March 21,1871. Not yet approved. LOYAL NEWSPAPER ENTERPRISE. . [From the Baltimore Sun.] We notice that papers which are in sympa? thy with the poli i leal persecution now en? forced against the plundered people of South Carolina take occasion to commend the "en? terprise" of a new-paper maintained by the larcenous State Government at Columbia In printing phonographic reports ot the political trials. This is a sort of enterprise which will be understood when taken in connection with the tact that this newspaper, and two or three others of Its kind, have drawn from the State treasury $204,000 of the people's money. Mr. Tweed's Ring subsidized "organs'* of the same kind and for the same purpose. When the sup? ply of stolen money was slopped their publi? cation stopped likewise. One of these South Carolina sheets quarrelled with "BOBS" Scott, and stopped within a month. The parallel is complete. "It may be doubted." Bays a sym- j paihizlng paper, -'whether any Journal In the Sooth ever before undertook an enterprise In? volving: such an outlay of capital" as printing the political trials. It dees seem doubly hard on the people ot South Carolina that they are to be robbed for the expense ot giving the ?tory to the world. TETE CITT DEBT. The Duties and Powers of Hie Mantel pal Government. To the Members of the City Council: GENTLEMEN-In recent articles we have ap pealed to you not to assess the city debt. The case is ia court to restrain you, and, if you persist, lt will be tried. But we would rather you should not. We want to meet the ques? tion of the validity of the debt squarely with the creditors, and would rather lt should not be complicated by unnecessary Issue with yourselves; and we appeal lp you, therefore, to hold your hand until tue validity of the debt shall be determined. And ought you not to do so ? Is lt not at least questionable whether the debt be obli? gatory upon us? It is a principle of law laminar to you, merely as business men, that the corporation ?an do nothing, but that to which lt has the capacity. ' In Pierce vs. Madi? son Railroad Company, 21 How., 441, the rail? road company gave its note for a steamboat to run in connection with lt; In East Anglican Raliway Company vs. Eastern County Railway Company, 7 Law and Equity Reports, 515, the railroad company contracted "?tp aid aline of steamers from its terminus to some port in the North o? Europe; lu Broughton vs. Manches terWaterworks, 3 Baron & Aid., 1, the Water? works Company accepted for accommodation a bill of exchange, and lu each,-as lu mauy other cases,-lt was held that the charter to the one object gives no capacity to any other, and that the contract*, beyond, were void. It ls equally familiar to you that no man is bound by tue acts ot a corporation, whatever be its power, without his consent; not by the acts of a private corporal lon witnout he bas sub? scribed to it; nor by Chose of a public corpora lion unless he has accepted the capacity; and, in McCagg ve. Chicago,' 51 Illinois, 18. where the connell had been ordered by a direct act of the Legislature to make bonds to the extent of $500,000 to the expenses of Lincoln Park, lt was held that it could not be compelled to make them without the consent of the people to be charged. You must know, or must see. looking to your charter, that you not only are not or? dered to make tbe stock In question, but have neither the capacity to make lt, or to do auv ol the works, or any worlts whatever, to which lt could have been made. Nor has lt more, or as much, discretion, even In Its political character, and authorized to assess its expenses merely, lt cannot Issue execution to enforce IIB assessments, but must sue upon them. Supreme court N. J. And authorized to remove obstructions In streets, lt cannot Impose a* penalty for en- j croachments. Rapides vs. Hughes, 15 Mich., 54? Now, seeing this, and that you are without* capacity, but to make the regulation? neces-1 sary to the preservation, peace and order of | the town,-thal you could not regulate lotteries .orthe price and assize of bread, even, until you got that by amendment to your charter, that, though you have jurisdiction of streets. you have not yet the jurisdiction to open and widen streets which 1B vested ina committee, must you not question whether tbat debt be obligatory upon us wblch consists ol contracts, ' -the cou tracts of a private corporation, made to raise money,-there ls no autnorlty to raise by borrowing-for the means mentioned ls by assessment-to objects yoi: have no authority to accomplish,-without the asee ut of the peo? ple to be charged, and with the additional consideration against lt, that, for thirty-five years after the adoption o?. the charter, no Council had undertaken to make lt, and it ls to be presumed, therefore, that* for that time no Council had supposed Itself possessed o? the power to do BO. And seeing reason to question the obliga? tion ot this debt, 13 not that a sufficient rea? son lor not enfo. clog lt, If you had the power to do so ? Surely the agent, seeing his authori? ty questioned, as to acts done, to the prejudice of those for whom he has assumed to act. may Justly hesitate to proceed further ia the execu? tion ol his admitted powers, until that ques? tion ?hali be determined. But is your power to assess this matter clear ? It chis debt bs for expenses incurred in the "by-laws, rules ar d regulations," you are authorized to make respecting the '-har bor, streets, lanes," dec, mentioned ia the charter and amendments, and you deem the assessments expedient, there eau be no doubt of lt. But if lt be not-tf it be for the ex penses ot even some of the matters of gov? ernment not committed to you, or, If lt be not expedierst, you cannot asseas it; for lt ls very certain that your power ol assessment was In? tended to be co-extensive only with your power to act. That which you could ty..you could assess for, but not for what you could not do; and certain also that lt was Intended to give citizens the continued cover of your discretion as to what assessments should be made. That each Council should for Itself de termine what assessments might be proper, and that so, the power of taxation should be limited by the responsibility of each to Its constituency. And as lt ls very clear that the debt ts not for the expenses Incurred respect? ing tbe "rules and regulations" Council was authorized to make, and that lt ls not assessed for that it ls expedient to do so, but only for that other Councils have thought proper to rubie money they did not deem lt expedient to assess,!^ must be questionable whether, if a cbarge resulting from expenses of govern? ment, this Council, under any power it has, could assess lt. Rut resulting as ll does, not from the ex peases of government, but ot private enter prises into which Councils bave seen proper to embark, and con-lsting of contracts clearly within the judicial power, lt cannot be as sessed. It can only be enforced by judgment. The State can use, or delegate, the political power of taxation, but to political objects; and the Judicial power, vested by the consti? tution in the courts, as we have said, the Legislature could not vest in a corporation, lt lt had tried to do so. Though lt may be called a tax, lt is the ent'orcement of a legal right, and, therefore, necessarily an adjudication That power you do not possess, and for that conclusive reason you mu=t admit lt to oe questionable whether, rightfully, you can make the assess mo nt * we are deprecating. But you say you cannot take the responsi? bility ! What ! not take the responsibility of doing right !-not of forbearing to do au act which must be a trespass without power, if you doubt the power ? But we must get the Inj u ucl iou to restrain you! And is It your peculiar privilege to do what wrongs you may, until others shall have the actual power to protect them from lt ? But lt has been the practice of Councils to tax this debt upon us! After the war, Councils did not. For years they were restrained by the consid?ration that lt was not expedient. Is lt more expedient now ?. Does it not depress interests-crush enterprises ? Nor was the taxation resumed until the military government; or theo, until tbe members ot that government had posses sion themselves of all the stock they could, at thirty cents upon the dollar ! But the credit of the city must be raised that the Are loan bonds may sell, and the city be built up! ls there one of you so simple as to suppose that Its credit can rise with such a debt upon lt-equal now to near the market value of its real property ? or that the city will be built up, by other than lunatics, under a tax ot more than lour per cent, upon the cost of their improvements? and tha^, too, when real estate does not pay as much as four per cent upon its cost to those who own it ? Gentlemen, there ls no hope for the city, lu consistence with the continued recognition and enforcement of this debt as lt now stands, The city itself will not survive the payment ot it by taxation, and the creditors will as surely lose from our exhausiion as our resistance. The very best for them will be au adjustment that will give them good securities f ?r an amount consistent with the present resources of the city. That adjustment might be made. You might get from the Legislature an amendment of your charter authorlziog the Issue of stock, or bonds in compromise. The citizens, believing the present securities invalid, would yet, in consideration of the question, and the merit, to some extent, ot claims, would assent to such arrangement; the creditors, rat ler than stake their claims upon the law, wou j also be apt to accept lt. But the poBlblllty of any adjustment depends upon the discontinuance of assess? ments by you to pay. Wbi e the debt is recog? nized and paid, they will have no motive for abatement or concession, but when remitted to what ls offered in compromise, or what may be obtained at law, there is little question of their choice; and we submit, therefore, that the request we make of you IB consistent with your Interests as citizens, your duty as officers, and we trust that you will accord lt. XaXPAYBBS. THE TRUE TICHBORNE. CLOSING THE CASE FOB THE PLAIN? TIFF. The Line of Defence-A Tichborne, but not Roger-Extraordinary Proofs or hi? Identity by Narks upon hi? Per. ?on. [Correspondence of toe New Tort World.] ' LONDON, December 14 The case of the plaintiff in the great Tich? borne trial is now so nearly completed that I shall be Justified, I thins, In shadowing forth what I understand will be the case which the defence will undertake to set up, In the event that they are called upon to set up any case at all. For I am now again told what I was told at the close ot the claim? ant's cross-examination last Bummer namely, that the Jury will Inform the Judge that they are now ready to give a verdict for the detence without hear? ing a single witness or a word of argument on that side. When lt is remembered what a very strong case the plaintiff has made out, and what a host of Indisputably honest and Intelligent witnesses have sworn to their bellefin his Identity, lt may seem Incredible that the jury could be so certain ol their own opinion a3 to be* anxious to pronounce lt at this stage of the trial. But many facts go to strengthen the belief that the rumor I speak of is true. The jury ls an unusually able one, composed of educated men ot business, and they have given indications from time lo time of their de ?sire to act upon the principle that ihe strength of a chain ls no more than the strength of its weakest link: and lt cannot be denied that, although parts of the plaintiff's case are extremely strong, other parts are fearlully weak. But there is anotuer point worth noting. The Times has token care to use Its powerful and almost irresistible influence against the claimant. It ls unlawful for ajournai to com? ment upon a ca*-e sub-judice, but the Times, which would care nothing fon a fine of five thousand pounds, bas twice published leading articles which must have had a strong effect on the minds of the jury; and on Tuesday lt struck the plaintiff a blow which will be eure to burt him badly. It did this with great adroitness. It published what lt calls "THE STORY OF MARTIN GUERRE," a most deeply interesting account of what may be said to have been a Tichborne case of two hundred and thirty years ago; and lt pre? faced this story by seme Ingenuous remarks upon other "cases of natural resemblance, especially with twins." Ibis story ot Martin Guerre ls so extremely interesting that I have cut lt out of the Times, and will send it you, with a hope that you may print lt. You will see at once what an effect this narrative, read by the Jury at this moment, would be apt to have upon their minds. And now for the case which I am given to understand will be set up by the defence If the Jury do not relieve them of the trouble.' It will be seen that lt is of a character which will Intensify the Interest of the trial and furnish at least a plausible explanation of the most mysterious circumstances of the case-the un? questionable resemblance that the calmaut bears to Boger Tichborne, to Roger Tlch borne's father, and to other members of the Tichborne family, his recognition by so many persons as a Tichborne, and his knowledge of things that Roget Tichborne only could have known. Well,then,lhls hypothetical case ls that the plaintiff ls the illegitimate son of Roger Tichborne's father, by Mrs. Orton, born before thal person became Mrs. Orton, bill adopted by ber husband and brought tip by him as bis son, Arthur Orton. Ac what time the secret of his birth was Imparted to him by his mother ls not known, but ? ls assumed that lt was be? fore he left home to enter upon the adventu? rous, wild and criminal life which he bas since pursued. He went to South America, and there lt is assumed that he fell in with and made the acquaintance of bis half-brother, the real Roger Tichborne, who was then travelling ibrough Chili. It will be con? tended that an intimacy then and lhere sprang up between the two men; that Arthur probably confided to Roger the secret ot his parentage, and that Roger la return told to his hall-brother the simple story of his life, so far as lc had then progressed. Ic will also be claimed that Arthur possessed himself of some articles belonging to Roger, a diary or two, some clothes, and other anieles, and that they then separated. Roger embarked on the Bella and was drowned at sea. Arthur, Igno? rant ot'tula, remalaed In Souiti America, tuen went to Australia and became a cattle drover, a butcher, a bushranger and a robber. Final? ly, one of the advertisements which the Dow? ager Tichborne was comically publishing In the papers tor her lost eon was Been by him, and he then began to conceive the plan oi the imposter wblcu he has since carried out. Perhaps he nev ir would have attempted lt had lt not been for the Australian lawyer Gibbs, who was seeking to find the lost heir, who saw him and who taxed him with being Roger Tichborne. Then he found the old servant, Bogle, who "recognized" him. and after this all was comparatively easy. This, us I under? stand, will be the case for the defence, and lt certainly 's an Ingenious and plausible one. Let me now go on with the report of the case up to the prtisenc moment. On Monday, as you are aware, the long cross-examination of Mr. Baljrent wis ended; and Tuesday was occupied by his re examination by Sergeant Ballantine. The witness, In this re-examlna tlon, was able tp clear his character from the aspersions that hud been cast upon lt, and to show that, although he had been very busy in the case, his motives bad been quite pure. Sergeant Ballantine then produceo>od put in the following letter, which was written by Roger Tichborne In July, 1845, when he was sixteen and a half years old. This was for the purpose of showing how very imperfect bis French education was. It was written after his arrival at Stonyhurst College, and he never received any French education after this: My chere Maman-ie sula entre au college Staune Haust hier premier Juillets. Nous sommes arriver a mull et demi de Pres? ione quand nous somnes arrive nous avons ete voir le sup?rieur qui est une homme tres aimable ec qui nous a cres bleu re?u, ll nous a montre l'etabllsemeut avec beaucoup de complaisance. L'Eta?l s?ment e-t magnifique, le parc est Cres etaudu et une chose q il e=t tres belle s'est l'avenu, par l'aquelle on arrive au college que a pres de Ueux milles de longues et qui est ma large, l'aspect de la maison est magnlolqae ll y a une tres belle Eglise autre (outre?) plusieurs cha? pelles. Je serai tres bien ou Je suis Je serai dans la clase de philosophe. Jtat|une chambre Je travalral dans machambre >t Je suivrai let cours qu'on sula dans Ie college, Je Berat sous la direction du pere Waltertone q<ie vous avez connu autrefois et qui sera mon Superleur. Je me plairai tres bien ou Je suis et ma sante loin d'en ?tre altere s'y fortlflra beaucoup, je prendrai beaucoup ii force et de sante. Adieu chere Maman Je von embrase de cou? moa cour. Ec soyez toujours sure de mon obeisance sans bornes. Votre tres affectionne nK ROQEB C. TICHBORNE. Je vous prie chere Haman de ne pas vous In? quiete du partie, que papa a pr I parce ma sante ne s'en trouvera que mieux. Madame TICHBORNE. In this letter, as you will see, "Juillet" was spelt "Julllete:" "arrives," arriver;" "Preston," "Presione;" "un," "une;" "?tablissement," "etabll6ement;" "magnifique," "magnlfflque;" "?tendue," "etandu;" "longuer," "lingues;" "outre," "autre;" "classe," "clase;" "tra? vaillerai." "travalral;" and "Waterton," "wal? tertone," Ac; and these are errors that the plaintiff makes. The witness then went on to give an Inter? esting dissertation upon some of the photo? graphs produced in evidence, pointing out, among other things, that in one of the un? doubted photographs of Roger Tlchbone there was a remarkaole peculiarity In the thumb of one of the hands, which same peculiarity was 08sessed by the plaintiff; and also a remarka le peculiarity io the eyes, such as he had never Been In ans other man. He grew very much excited when he was handed one of these photographs which had been In the possession of the defence, and which, he said, bad been tampered with in the attempt to rub out the hand, so as to conceal this pecul? iarity In the thumb. Then, taking up the question of the similarity between the claim? ant's handwrliing and that of Arthur Orton, he succeeded in pointing out many essential differences. Aud finally his examination closed with the questions put to bim by the foreman of the jury, which I have already given. It was expected that this would end the plaintiff's case, but Mr. Ballantine announced that he had a number of witnesses yet to come. Mr. Ballantine well knows what he ls about, and after five soldiers and soldiers' wives, of the same class ef whom we have already had something like a battalion, had been brought forward to testify that they were as certain that the plaintiff was Roger Tichborne as they were of their own existence, he placed on the stand AN IRISH BARBIIR, Thomas D'Orday, whose evidence created a genuine sensation. D'Orday said he had car? ried on the business of bair dresser ia Clon mel since 1835, and wjjen the Carbineers (Ticbborne's,regiment) was quartered there he "had the honor of cutting the hair of the officers."' There was ene of these officers "who had something peculiar about his head Said the witness : It was a mark about the ear; it was formerly the habit for officers of the army to have their hair cut as close as the non-commission ed officers and privates, and the reason know ot the mark is that I had to leave the hair a little longer to cover that mark. [Wit? ness showed upon his own head the position the mark.] . Q. Did you cut tba", gentleman's bair more than once? A. Oh, yes. Q. So as to know lt well? A. Yes; Q. Have you seen the plaintlfTia this case? A. I have. Q. Did you examine his head? A. I did. Q. Did you And anything there? A. I found a similar mark to the mark on the officer whose hair I had the honor to cut about twenty years ago; I asked him if he recollected hav lng his hair cut in Clonmel; he Bald he did: thea asked him If he recollected where th establishment was'situated in which he had his hair cut; he said, "Yes; lt was down from Miss Smith'?, towards the barracks;" that de script ion was correct. Q. Who ls Miss Smith? A. She is a res pee table Quaker lady, who keeps a confectionery and a perfumery establishment-which is much frequeuted by officers lu Clonmel. Cross-examined by the attorney general. Q. What sort of a scar was this-a burn, cut, or a bruise? A. Not being rear ed.In tb profession I cannot professionally describe it It might be from a fall or a cut, or from brine or pickle, as we call it lu Ireland, falling upon lt. Q. My friend, Mr. Hawkins, suggests that might have been a Chile pickle. [Laughter. A. Mr. Hawkins has said a good many smart things, slr. Witness, at the request of the Lord Chief Justice, described on a slip of paper the size ot the scar. . The attorney-general. Does thia represent the shape of it? Witness. I think it is, as well as my recol? lection serves me. Q. Is that the size of the mark you saw the other day ? A. The moment I saw lt* I said that is tue hair I cut. Q. You must have had a very clear recol lection of the scar?. A. Well, yes. I got comb and combed back the bair, when I toa nd the mark. The moment I saw the size and position, I Bald: "That is the gentleman, when I saw lt I was at once sure it was the same; as sure as I could be after twenty rears Q. Was lt very prominent ? A. Ko, be cause the barir was long. Q. Does lt stick out much ? A. You could feel it with the comb; lt was on the surface of the bead. Q. Any one would And it who knew where to took ? A. .Yes. The foreman cf the jury: Can you speak as to the color of the hair ? * witness. I think bis hair was a shade or two lighter at that time; his hair ls a shade or two lighter than It was twenty years ago. Q. Can you tell the jury whether hair cut from ihe*head loses lt colar ? A. Certainly; it gets lighter when cut off. Mr. Sergeant Ballantine. That ls your pro? fessional opinion ? Witness-. Yes, without a fee. [Laughter.] After this witness came Mr. Bulpett, the banker, who had been examined before, and who was recalled simply for the purpose of clearing up a doubl fut point lu bis testimony. Thea came Captain Burton, the famous trav? eller, whose evidence was important only as showing that the plaintiffs refusal lo go to Chile in 1868, which was alleged to be on ac? count of his unwillingness to face the South American wltuesBes, was really due to his pre? carious health. He was followed by Slr Wil? liam Fergusson, the renowned surgeon He had been employed to examine the person of the defendant on the 29ihorlast mouth, to see If certain marks known to be on the per? son of Roger Tichborne were on bis bodv. These marks were scars upon the Inner side of each ankle, as If made with a lancet; a round scar on the left arm; other marks made la vaccinations, la the, French and not In the English manner; a scar on the edge of tbe right eyebrow, and a scar over the bridge of the nose. Roger Tichborne had all these marks, and the plaintiff, said Sir William,- also has them. He also spoke of the peculiar formation of his legs-"In-kneed"-a peculiarity of Roger; the scar on the head spoken of by the barber; a congenial mark on his left side; and the especial peculiarity about his hands, his knuckles, and bis thumb, plainly Been in the photograph of Roger. All of this testmoay was wonderfully strong, and it doubtless pro? duced a great Impression on the jury. Captain Worlley, who is a very learned authority on the subject of photography, was the next wit? ness, and he swore that the daguerreotype which Mr. Baigent said had been "tampered" with, had been rubbed so as to conceal this peculiarity in the thumb of which BO much had been said; a photograph which had been taken from this daguerreotype before lt had been tampered with plainly showed this pe? culiarity; tbe daguerreotype was an unques? tioned picture ol' Roger Tichborne, and In the photograph taken from lt the thumb is the exact representation ot the plaint ifPs thumb, which is au extremely peculiar one. Ia short, this witness was certain that the daguerreotype, which had remained all the time in the hands of the defence, had been purposely rubbed In order io destroy this link in tue chain of the plaintiff's case. ALL ABOUT TETE STATE. -On Friday last Mr. Felix Cline, nephew of Mr. John L. Albright, of Abbeville, was se? verely wounded by an accidental discharge of his gun while out bird hunting. While crossing a fence he put the gua over before him, the hammer struck against something that explod? ed the cap, and the whole charge was lodged In hls;right shoulder near the collar bone, shatter? ing the first rib, and making a very dangerous wound. -On Thursday night la-t, about eleven o'clock, the kitchen of Mr. S. D. Stowe, located about ten miles above York ville, In Bethel neighborhood, together with the contents, em? bracing cooklog stove and (cooking futenslls, loom, and other articles, were destroyed by Are. The loss is estimated at three hundred dollars. The origin of the Are ls unknown, but lt ls believed to have been the work ol' an incendiary. -The Yorkvllle Enquirer of Wednesday says: Since our last Issue the following per? sons hare been committed to the Jail iu this Dlace: W. P. Anthony, R. W. Moore, J. H. Lackey. R. H. Moore, J. A. Donald, Cort Moss and H. M. Moore. The following bare been sent to Columbia: J. M. Caldwell, W. H. Wbite, Samuel Ramsey; and the following have been discharged from the prison here on bail: A. J. Martin. W. A. Martin, T. G. Martin, Mac Ar? cher, John Chambers, C. B. Blanton, J. C. Robinson, J. S. Wright, C. Knox Williams, P. E. Moore, P. W. Moore, W. F. Moore, and B. R. T. Bowen. Jacob Webb, one of the negroes arrested as a member of Joe Carter's band of rioters and kidnappers, has been dis? charged from custody, lt having been shown that he was not a member of ihe gang. A BRACE OF BOGUS CONGRESSMEN. [From the New York Evening Post, Rep.] There ls one seat in the House of Represent? atives which the election committee ought lu equity, if not In law, to declare vacant. Mr. Robert C. DeLarge, who disgraces the colored people by pretending to represent them, now occupies the seat for the Second District of South Carolina. A more disgraceful election probablv was never held lu South Carolina than that In the Second District last fall. It would have done justice to the palmiest days of Tammany. No just man doubts that De Large was defeated by a large majority, and tbat he was counted In by fraud. The Inspect? ors who gave him the ceriiQcate are In prison for having made false returns. DeLarge seems to be a man without character, for be even refuses to pay the expenses of the attor? ney who has conducted his defence in the contest for the seat, and he has no claims upon the honest people of his district. The mau who wants his seat is Mr. C. C. Bowen, whose claims ought to be rejected, because he has been convicted of a felony, and ls a politi? cal gambler. THE WARRING FACTIONS. INTENSE EXCITEMENT LEANS. IN NEW OS A Message /rom the President-Justice Shall be Done-The Federal Soldiers Under Arms. NEW ORLEANS, January 4. In response to the Governor's proclamation the House met and secured a quorum by the assistance of the serjeant-at-arms. They de? clared the chair vacant and elected Brewster speaker. A resolution waapassed ordering the sergeant-a t-arms to take charge of the State? house and allow no one to enter until twelve o'clock to-morrow, to which honr the House adjourned. The fears of a conflict are Increas? ing. NEW ORLEANS, January 5. ' The approaches to the Mechanics' Institute are strongly guarded by- police. Legislator*, State officers and reporters only are admitted. At ten o'clock a company of State militia stacked arms Immediately in front ot.the State? house. When the Legislature assembled the following telegram waa read: 1 - WASHINGTON, January 5. To Son. J.R. West: Governor Warmoth's dispatch of this date to you received. His report of tbe proceedings of the United States marshal ls of such an ex? traordinary character that I will have the matter Investigated at once. Please show this dispatch tc the attorney-general. (Signed) U. 8. GRANT." "Undoubtedly justice will be speedily meted out to the wrong doers. The catalogue of wrongs has culminated, and retribution will be speedy. (Signed) . J. R. WEST." Prolonged cheers tollowed. A committee was appointed to investigate the conduct of the United States marshal in arresting the Governor and legislators when in extra session. Adjourned sine die. In regular session Brewster Is presiding. There ls a stir In the lobby. Ku-Klux expect? ed by morning. A staff officer or General Emery appeared with a message to the Gov? ernor that the Federal troops would co? operate la preserving order. The Fed? erals are under arms on Rampart street, ready tor any emergency. The Governor has received a note from Carier Indi? cating no intention of disturbance. A let? ter was read from Carter protesting against the Illegal extra session, and determination to hold a regular session of the Legislature out? side the capital. The Legislature ordered the eergeaqt-at-orms to exclude Carter from the capital, and also resolved to exclude the mem? bers whose affidavits caused the arrests of the Governor and others. Adjourned. A resolu? tion will be Introduced to-morrow requesting Senator Kellogg to resign. The Warmothitea had. fifty members. The Carterltea met In Royal street with lorty-elght members present, and the sergeaut-at-arms was sent in search of the others. The following ls among the re? solutions* explanatory of the objects of the union of the Democrats and some Republicans: Resolved, That the only and safe object of said united action ls to defeat the nefarious schemes of Governor Warmotb, and secure the repeal or amendments, already agreed upon by the Democrats, of-first, the election and registration laws; second, the constabu? lary bill; third, the metropolitan police bill; fourth, the revenue law and the printing law. It was unanimously carried. The Federal troops have returned to the Customhouse. Tte metropolitans and militia still guard the capitol. _^ THE ROCHESTER OUTRAGE. ROCHESTER, January 5. Howard was taken secretly to cot-rt and pleaded guilty, and Was sentenced to twenty years' hard labor. He ls now 1ft the Auburn Penitentiary. AUBURN, January 5. The negro Howard arrived In this city this morning, and took his place in the Stale prison under a sentence of twenty years. He was very happy to get safely within the walls, put? ting his thumb to his nose and making fun of his fingers to the crowd outside, as he went up. the steps to the main ball. THE SMALL-POX. NEW YORK, January 5. The steamers Hansa and Tallapoosa have small-pox aboard. * There ls small-pox in the Newark jail. A STRIKE IN THE COAL REGION. SCRANTON, January 5. Two thousand workmen in the Wllkesbarre Coal and Iron Company struck. Cause, re* ductlon often per cent, wages. THE OLD WORLD'S NEWS. LONDON, January i. The ship Spirit Dawn, from Liverpool for< San Francisco, ls wrecked. Only five were saved. Slr Francis Crossley, member of Parliament from Halifax, is dead. LONDON. January 5. The trial of the hostage?, for the murder of German soldiers, commences next week. PARIS, January 5. The Academy of Fraves has refused to ac? cept the Bishop of Orleans's resignation of membership. THINGS IN WASHINGTON. WASHINGTON, January 5. General Krzjzanowskl, formerly supervisor of Georgia, was arrested to-day. His case for alleged fraud having been called in Macon, Ga., Krzyzanowski had assurances his case would be postponed, and expresses his confi? dence In bis ability to vindicate himself. He will have a hearing to-morrow on habeas cor? pus for bail. THE VIRGINIA LEGISLATURE. RICHMOND, VA., January 5. The House, voting eighty-eight to twenty seven, overcame the Governor's veto of the resolution stopping the funding of (he public debt, and unanimously authorized the appoint? ment of a joint committee to consider and re? port on the question of the payment of the debt. The Senate concurred. THE WEATHER THIS DAT. WASHINGTON, D. C., January 5. The barometer will probably continue to fall tropi the lower lakes to the Middle and Eastern Atlantic States, with Increased cloudiness. On Saturday pleasant weather will continue on the Atlantic coast. Falling barometer and rain will extend northeastward Into Missouri. Rising barometer with clear weather will ex? tend eastward into Michigan. Dangerous winds are not anticipated for any of our stations to? night. Yesterday's Weather Rtjiorts of the Signal Service, U. S. A.-4.47 P. M., Local Time. Place or Observation. Augusta, Ga.... Baltimore. Boston. Charleston. Onlcago. Cincinnati. Galveston. key West, Fla.. Knoxville, Tenn. Memphis. Tenn.. MC. Washington. New Orleans.... New Tort. Norrolk. Philadelphia. Portland, Me.... Savannah . 3L Louis. washlDgton,D U Wiimington.NO. ta Bs 30.16 30.00 29.71 30.14 30.12 30.22 I P. 5 2 30.11 30.21 30.20 29.88 30.10 29.92 30.06 30.00 29.70, 20.17 30.04 3'.00 30.11 S3 67 SW 43 NW 41 N 52 SW 40 SW 40 SE 68 SE 72 NE 38 Calm 48 Cairn 33N 61 B 40 W 46 NW 39 N 36 N 59 SW 60 S 41 NW 62 NW Light. Gentle. Gentle. Gentle. Fresh. Gentle. Gentle. Gentle. Fresh. Fresh. .. resh. Storm. Fre^h. Gentle. Ught. Fresh. Llgbt. ?gs CD a S = Clear. Clear. Fair. Clear. Fair. Fair. Fair. Fair. Fair. Cloudy. Fair. Fatr. Cloudy. Fair. Clear. Cloudy. Clear. Fair. Clear. Clear. NOTE.-The weather report dated 7.47 O'CIOCK, this morning, will be posted In the rooms of the cnumber of Commerce a; 10 o'clock A. M., and, together with the weacher chart, may (by the courtesy of che Chamber) be examined by ship? masters at any tune during che day. SAD DEATH OF CARO LIX A IMMI? GRANTS. [From the Lancaster Ledger.] From a letter received from Mr. H. L. Beck, of this county, we learn that a fatal accident befell the wife of Mr. R. D. Montgomery, ami a little girl, the daughter of Mr. Nelson Mont? gomery, at Abbeville, Mississippi, on the 25th of December, ultimo. . Mr. Montgomery and family but a few days' ago left this county to settle lu Lafayette County, Mississippi, and had Just arrived at ?heir destination. The fol? lowing particulars we gather from the letter referred to above : The entire party had laud? ed safely at Abbeville, where they were met by their kindred with conveyances. The wagon containing the ladles and children, while cros? sing the railroad, was run over by a passing train, and Mrs. 3. D. Montgomery and little Della, the daughter of Mr. Nelson Montgome? ry, were Instantly killed, while Thomas, a small son of Mr. ?. D. Montgomery, was seri? ously injured. The accident occcurred at night. The letter states that every attention was bestowed upon the distressed relatives by the kind citizens In the neighborhood. Ia be? half of our citizens we tender the afflicted family our deepest sympathy in their irrepara ?ble loss._ THE MEXICAN REVOLUTION. _ NEW TORS, January 5. Matamoros advices report .that the revolu? tionary chief, Valdez, ls captured and hung: The Juarlsts captured the City of Bildras, the negroes losing twenty-Ave killed. Many were wounded ou both sides. The revolutionists hold Mier. but otherwise have made no pro? gress In the State of Tama?linas. THINGS IN NEW YORK. NEW YORK, January 5. The opponents of the present management of the Erle Road hold forty millions ot s tock, and require three or four millions more to en able them to change the contract. The property of the New York Printing Com? pany was sold under the hammer for fifty thousand dollars. Judge Cardo*a accepts R. M. Tweed as ball for his father. SPARKS FROM THE WIRES. '-The Union Republican general committee have re-elected Horace Greeley chairman. -A San Francisco Feejee Islander has mux dered four Europeans. -Mr. B. F. Cator, of the firm of Armstrong, Cator & Co., of Baltimore, ls dead. " -The Russian fleet ls at the docks in Brook? lyn. *? -John C. Broadhead, ex-treasurer of Bond out, ls one hundred thousand dollars "short." -The injunction restraining Josie Mansfield from publishing Jim Fisk's letters ls con? tinued. -The Iron-clads Can?nica, Manhattan, Wy? andotte, s lax and Saugres are fitted out at Philadelphia-it ls supposed-for Cuba. -The F?deral Courtat Salt Lake ls penni? less, and the Mormon prosecutions will prob? ably be poutponed for want of money to pay witnesses. Dru ?OO?3, Ut. aR??FBARG-AINS. No. 344 King Street, ARE CLEARING OUT THEIR WINTER STOCK REGARDLESS OF COST TO MAKE ROOM FOR / SPRING IMPORTATIONS. FURCHCiOTT, BENEDICTA CO AT FURCHGOTT, BENEDICT A CO., 4-4 Black Alpaca 26c. AT FURCHGOTT, BENEDICT A CO., Colored Alpacas 26c. AT FUBCHGOTT, BENEDICT A CO., Japanese Dress $8 60. AT FURCHGOTT, BENEDICT A CO., Black cassemerets 86c. AT FURCHOOTT, BENEDICT A CO., Black Crape Cloth 50c. AT FUBCHGOTT, BENEDICT A CO., B ack and White Shawls f2 25. AT FURCHOOTT, BENEDICT A CO., Sararoza Shawls S4. AT FURCHGOTT, BENEDICT A CO., Buck Gros Orala Silk $l 60. iR?,BEn(mo;, No. 244 KING STREET. AT FURCHGOTT, BENEDICT A CO., Kentucky Jeans 12c. AT FURCHGOTT, BENEDICT A CO., All Mool Jeans 26c. AT FURCHGOTT, BENEDICT & CO., Fine cassemeres si. AT FURCHGOTT, BENEDICT A CO., Broadcloath and Doeskin 26 per cent, redaction. AT FURCHGOTT, BENEDICT A CO., Fine Corsets 75c. AT FURCHGOTT. BENEDICT A CO., Very Fine SK AT FUB?HG00T, BENEDICT A CO., Fine Cambric* 25C. AT FURCHGOTT, BENEDICT A CO.,. 8-4 White and Colored Tarletans 25c. AT F?RCHG01T, BENEDICT A CO., Sash K'bbon reduced. AT FURCHGOTT, BENEDICT A CO., ? Trimming Ribbon reduced. AT FURCHGOTT, BENEDICT A CO., Bows reduced. AT FURCHGOTT, BENEDICT & CO., cheliiey's Kid Qtoves $2. AT FURCUGOTT, BENEDICT A CO., Hnlsery. great redaction. AT FURCHGOTT, BENEDICT A CO., Feathers and Plumes. ? uunumvi IV Wi? No. 244 KING STREET. AT FURCHGOTT, BENEDICT & CO. 8-4 Damask 76c. AT FURCHGOTT, BENEDICT A CO., 6-4 Brown 36c AT FURCHGOTT, BENEDICT A CO., Scarlet opera F.annel 36c. AT FURCHGOTT, BENEDICT A CO., 10-4 - nee: ID g -icc. AT FURCHGOTT, BENEDICT & CO., Large Towels, per dozen $140. AT FURCHGOTT, BENEDICT A CO., D lilied, per dozen 76c. AT FURCHGOTT, BENEDICT A CO., Napkins, per dozen $1 25. AT FURCHGOTT, BENEDICT A CO., 4-4 Bleached Shirting 12c. FURCHGOTT, B?iXEDICT & CO., No. 244 KING STREET. Q.REAT CLOSING OUT SALE OF ' CARPETS. GREAT REDUCTION ON FORMER PRICES. REAL ENGLISH PRUSSELS $1 60. All Wool l?grala 80c. and $1. Rags, Mats and Window ?hades at equally low pricer. FtRCHGOTT, BENEDICT & ?0.. No. 244 KING STREET. Bf'A.IfHO?D. m THE Y?\G&RISLlfiEilRiTIOJi The vegetative powers ox ure axe strong, bat la s few years now orten the pallid taue, tbs lack-iosv tre eye, and emaciated form, snow their baneful In fl dence, It 8 con becomai evident to the observ? er tbat some depressing Influence ls checking tbs development of the body. Con-ram pr.cn ls talced, or, and perhaps the youth is removed from school and sent into the country. This ts onef or the wornt movements. Removed from ordinary di? versions or the ever-changing scenes of the city* the ]sowers or the body, too mach enfeebled te give seat to h eal th mi and rural exercise, thoughts are turned inwardly npon*chemselves. If the patient bea female the approach or the menses ls looked for with anxiety as the first symptom bi which nature ls to show her saving po we f lu diffusing the circulation and visiting the cheek with the bloom of health. Alas I lncrease of appetite has grown by what lt fed on. The energies of the system are prostrated, and the whole economy ls -deranged. The beautiful and wonderful period In which body, and mind under? go so fascinating a change from child to woman is lookA for in vain. The parent's heart bleeds in anxiety, and fancies the grave bnt walting' for Its victim. HELMBOLD-8 . 0 ....... s. EXTRACT BTJCHTJ, FOR WEAKNESS ARISING FROM EXCESSES OB EARLY INDISCRETION, attended with the following symptoms: INDIS? POSITION TO EXERTION, LOSS OF POWER, LOSS OF MEMORT, DIFFICULTY OF BREATH? ING, General weakness. Horror or Disease, Weat Nerves, Trembling, Dreadful Horror or Death, Night Sweats, Gold Feet, Wakefulness, Dimness cf Vision, Langor, Universal Lassitude of the Moioo* lar System, orten Enormous Appetite with Dys? peptic Symptoms, Hot Hands; Flushing of the Body, Dryness of th? Skin, Pallid Countenances and Eruption*} on the Face, Pain in .the Back, Heaviness or the Eyelids, Frequently Black Spots hying before the Eyes, with temporary. Suffusion and Loss of Sight, Want of Attention, Great Mo? bility, Restlessness, with Horror of Scclety. ' Nothing ls more desirable to such p menta than Solitude, and nothing they more dread, for fear of themselves; no repose or manner, no. earnest? ness, no speculation; but a hurried trana lt lon from one question to another. ?'. THESE SYMPTOMS, IF AL LO WEE TO db ON -WHICH THIS MEDICINE ''INVARIABLY RE? MOVES-SOON FOLLOW LOSS OF POWER; FATUITY AND EPILEPTIC FITS, IN ONE OF WHICH THE PATIENT MAY EXPIRE During the Superintendence or Dr. WILSON at the BLOUMINGDALE ASYLUM, ?Mil Sad result occurred to two patients. Reason had lor a tune left them, and both died or, epilepsy. They were or both sexes, and about twenty year" cr age. Who "cari s ay that their excesses are not fre? quently followed by those direful dfstjasea, IN? SANITY and CONSUMPTION ? The records of the INSANE ASYLUMS, and the melancholy deaths by Consumption, bear ample witness to che truth OT these assertions. In Lunatic Asylums Cheroot melancholy exhibition appears. Tte contenance ts actually sodden and quite des?tate; ? neither minn nor grief ever^ visits lu Should a'ootmd or the voice oe cur lt ts rarely artic?late. " With woful measures wan despair Low sullen sounds their grier beguiled.'*' ' * While we regret the existence ot thtyabove dis? eases and symptoms, we are prepared to offer an invaluable gift of chemistry for the removal of the consequences. H ELM BOLO'S EXTRACT BUGHU AMD INPROVED ROSE WM cures secret and delicate disorders in all their stages, at little expense, little or no change in diet, no Inconvenience, and no exposure. It la pleasant in taste and odor, Immediate in its-ac? tion, free from ah injurious properties, superse? ding copaiba and all other nause?os Compounds. H ELM BO LD'S FLUID EXTRACT OF BUGHU. There ls no conic like lt It ls an anchor of bepe to the physician and patient. This ts the tessi- * mony of all who have used or prescribed it. Beware ot counterfeits and those cheap decoc? tions called Bnchn, most of which are prepared by seli-styled doctors, from deleterious ingre? dients, and offered for sale at "less price" aol 'larger b?teles," Ac. They are unreliable and frequently Injurious. . Ask for Helmbold's. Take no Other. PRICE $123 PER BOTTLE. OR 8IX BOTTLES FOR S6 50. Delivered to any address. Describe symptoms in all communications. HELMBOLD'8 GENUINE PREPARATIONS, Established upward cr twenty years, prepared by H. T. HELMBOLD, PRACTICAL AND ANALYTICAL CHEMIST, So. 594 Bread wa jr, Mew York, ANO No. 101 Sooth Tooth Street, Philadelphia, Pa. 49*Sold by Druggists Every wh.re.-a nors-wssmos