The Sun. — London, England, 1868-05-06 00:00:00

SPIRIT OP THE PUBLIC JOURNALS, The Times as what the House 'ought to think of its present position. There are two courses before it, and no third. The first is to resolve upon an immediate vote of want of confidence. There are many reasons in favour of this course. It is constitutional enough to satify the soul even of Mr. Bouverie. It is the natural translation into language of that vote upon the Irish Establishment which Mr. Disraeli and his followers cannot interpret. Finally, we venture to hazard the suggestion that if it were boldly resolved upon, and successfully carried, Mr. Disraeli might still find insuperable obstacles in the way of a dissolution, and it would not follow after all. But there are two reasons against a vote of want of confidence. Would it be successful ? This question may be left to the ingenious gentlemen who are skilful in such computations, but the answer is at least dubious. And again, bow embarrassing success would be ! Mr. Bright justly criticised a statement that there are at least a score of persons designated as members of the next Cabinet. That was too moderate. The number is considerably above that estimate, and, upon the most accurate com putation, is found to be nearer thirty than twenty, and yet with all this plethora there is at least one pest of the highest dignity which could not at this junc ture be easily filled. It is indisputably for the interest of the Opposition to let the Ministry continue in office, even at the cost of the perquisites of power. The right of nomi nating bishops and the other patronage so often dwelt upon on Monday and again last night are very precious ; but it may be well to forego for a season even these almost inestimable privileges. This leads us to the single alternative of an immediate vote of want of confi dence. If the vote be not moved at once, the House should zealously co-operate with the Ministry in com pleting the Reform Bills. They have the power in their own hands, and they can compel success. It may, of course, be said that they would act under the fear of a dissolution, but is not a dissolution always possible in theory ? and we have shewn that in this instance it may be disregarded in practice. But if the Opposition loiter and hesitate, and use uncertain what to think, and spend night after night in seasoning their pleasures with personal talk, they will be unable to do what is now in their power, and the end of . the session will find the Ministry still in office and Reforiff not completed. The Post complains that the world knows nothing if tile course taken or proposed to be taken by the Ministry ✓hat Mr. Disraeli really did say to the Queen is not known. We do not know either where we are or whithei we are going. What the Government will do when Mr. Gladstone's second and third resolutions are carried ; how they will meet the address to the Crown which will be the consequence ; when they will play the card of dissolution which they are now fingering with such delicate hands and with such a touching belief in its virtue—all this is in the bosom of the future and of Mr. Disraeli, and we can only hope that the interminable game of blindman's buff run mad, which the Premier has for two years been playing with the Parliament and the country, may soon be brought to a conclusion in a peremptory and decided manner. The Standard answers the objections to the law laid tlown by Mr. Disraeli, that every Minister has a constitu tional right to dissolve. In the first place, the question ot dissolution or resignation is not one for the Minister alone. It is one which is pre-eminently within the persona% cognisance of the sovereign. It is her right to dissolve Parliament whenever she believes thauslie can by so doing obtain from the country the reversal of a vote which she believes to be contrary to the public interest. It is her right to refuse to dissolve whenever she be lieves that the country is of the same opinion with Parliament, and that a dissolution would entail a needless burden and trouble upon the public. In this there is nothing inconsistent with the strictest doctrine of Ministerial responsibility. That responsibility does not reduce the Crown to a cypher, or limit its consti; tuitional prerogative ; it only requires that for every apt of the Crown some Minister should be answerable to Par. lament. And for a dissolution, or for refusing to dissolve some Minister is always answerable. Mr. Disraeli i t strictly and solely responsible for the determination et dissolve now. If the Queen had declined to dissolve, Mr Gladstone would have come into office, and would thereby have made himself responsible for not dissolving. Thus much we may say in passing, because language was. used in the House, though not by Mr. Gladstone, which seems to imply a misunderstanding on this subject,. • Mr. Gladstone properly dealt only with the advice which his adversary had rendered to the Crown. And, first, he affirned that the only thing which could justify a Minister in dissolving was a belief that he could obtain from the country a reversal of the verdict of Parliament. This is true en the whole, but not without qualification. There may be cases, and we think the case of the Irish , Church is one, in which it is not tolerable that any uncer tainty should exist as to the wishes of the country ; in which a Minister is justified in refusing to allow a revolw tionary change to be made by any less authority ,than that of the nation, directly and constitutionally consuted. Tlic Daily News fears that the only effect of the publl cation of the second part of the Ritual Commission will b to strengthen, like its predecessor, the party against whirl • it is directed. The Ritualists are at the present tim appealing to the Judicial Committee of the Privy Council as the highest tribunal having ecclesiastical jurisdiction the realm, to have the practices described in this second report declared legal or illegal ; and while their appeal in pending the majority of the commission propose that the usage of the Church, as they define it, " shall be to be the rule of the Church." Fancy the consequences of declaring of our churches that tla. thing which has been is the thing that shall be We can all remember a score of abominations that hay been got rid of during the last thirty years, which it wouln almost have been worth the inconvenience of a revolution to get rid of, if the work could be done in no other way. Who would go hack to the days of the parish clerk chanting his psalm to the lion and unicorn over against him, to the three-decker blocking the view of the com munion -table, and to churchwardens' Gothic ? The Bishop of Oxford, the Dean of Ely, Sir Robert J. Phillimore, Mr. Beresford Hope, Mr. Hubbard, and the Rev. Mr. Gregory oppose " any attempt to stereotype by legislation for perpetual observance any use not actually enjoined." Mr. Coleridge and the Dean of Westminster " will not join in any recommendations which have for their single object the attainment in the services of the Church of a rigid unt ; formity in matters not essential." Lord Beauchamp thinks that a time when wide latitude in matters of doc trine is tolerated if not encouraged within the Church is not suitable for curtailing a ceremonial observance to which no superstitious meaning is attached ; and the Rev, T. W. Perry will not sign the report, because he fears that its proposals, so far from promoting peace, tend towards provoking a strife which may seriously risk a dis ruption in the Church of England. The Herald remarks that Charles Dickens has been our ambassador on a message of peace and good-will. Among- the intelligent classes of the Northern States his visit will have done much to efface all heartburnings which have arisen about the Alabama business, about Fenian sympa- thisers, and naturalisation claims. The kindly words addressed to him, and the kindly answers returned, are so many fresh-forged links between the old country and the new. It would be well if there were more such visits, more such exchanges of sympathy and cordiality between one country and the other. We should thus learn, one and all, what we already be lieve, that there are as polished gentlemen in America as there are in England ; that Americans are sobering down into that tempered spirit which is the characteristic of the inhabitants of older countries ; that they have gained rather than lost in character by that fiery furnace of trial through which they have lately passed. They will find, on their part, that among intelligent persons in England there exists no sort of prejudice or dislike, no jealousy of America which would not be quickly dispelled by familiar intercourse with men of our blood and kindred, whose family relationship with ourselves we should at once acknowledge. They must let us have our own views about their civil war, our own' opiniim as to the future of the Southern States—questions on which we have been as much divided as they are. They will believe that we do full justice to the motives which actuated them through- out that tremendous struggle, that we respect them more than we can say for their earnestness in it, for the devoted and self-sacrificing spirit in which they carried on to so Triumphant a conclusion their championship of what they regarded as a holy cause. THE LATE ROYAL VISIT TO IRELAND.-AS a recognition of the arrangements made for the reception and entertainment of the royal visitors during their recent stay at Dublin Castle, his Royal Highness the Prince of Wales forwarded for distribution amongst the domestics of the viceregal household the sum of one hundred guineas. In addition, Mr. Bergh, the house steward, has been honoured with the special gift from his Royal Highnes of a diamond breastpin of considerable value. It is richly set, and forms a prince's plume. THE DIRECT COST OF PAUPERISM. —The sum expended in the actual relief of the poor in England and Wales during the year 151.37 was £6,959,840, being at the mac - ) of Gs. 64d. per bead on the estimated population. The sum raised from the poor rates levied was £10,303,665; and there were "receipts in aid" amounting to £388,523, making a total of £10,692,188 ; but of this sum £3,045,333 wsts expended for other purposes than the actual relief of the poor —purposes which, in fact, have no conne,,tion whatever with the relief of the poor. ARTISANS' .AND LABOURERS' DWELLINGS BILL. A deputation of clergymen, medical officers, and other gentlemen interested in the passing of Mr. Torrens's Artisans' and Labourers' Dwellings Dill has waited on the Duke of Marlborough. Mr. Torrens, M.P., Mr. Locke, M.P., and Mr. Kinnaird, M.P., accompanied the deputa tion. In the council chamber with the Lord President was the Duke of Buckingham. Mr. Torrens, M.P., having introduced the deputation, the Rev. J. A. Nisbet, Mr. Heal, Dr. Rogers, Mr. Liddle, Mr. Kendall, and Dr. Buchanan also spoke of the beneficial results which might follow the passing of the bill. In replying, the Duke of Marlborough said : " I think, gentlemen, the statements made by persons acquainted with the densely-populated districts of London and other large towns are quite suffi cient to show that some legislation on this subject is ne cessary. I believe I may say, as Mr. Torrens already knows, that the Government are not unfavourable to a proposition of this nature. Some legislation is no doubt required ; but, of course, all legislation- affecting private property requires very careful consideration, in order that injustice may not be done, and private rights may not be infringed. At the same time, the evils which it cannot be denied do exist are of such a character as to require a stringent remedy. I believe the Government arc generally favourable to this measure, and, saving that it will be necessary to introduce prof isions to nrotect all private rights, that they will not offer any apposition to it. I believe the Government would con tribute to assist its passing, consistently with the public interests, and that they will be ready to do so. I saw the Attorney-General to-day, and it seems there are some points in the bill which require consideration, particularly with regard to the legal designation of lessees or owners, and which, unless carefully looked into, might cause confnsion, and defeat the benevolent object of the bill. The Attorney-General says, if Mr. Torrens will put him self in communication with him, he will direct his atten tion to the alterations which would improve the structure of the bill, and bring it into workable shape. Of course, if the Government in the House of Commons assent to the inssing of the bill, and approve of its principle as modified by their aw officer, we shall feel it our duty to give it every assistance in the Upper House." The deputation, having thanked his grace, withdrew. LAW AND POLICE. ACTION FOR DAMAGES FOR FALSE IMPRISONMENT.—In the Court of Exchequer an action was brought by a Mr. Biddiscomb against a Mr. Phillips for false imprisonment in wrongfully giving the plaintiff into custody on a charge of felony. It appeared that a Mr. Norfolk carried on the business of a brewer in the neighbourhood of Greenwich, and he had entered into a contract with the defendant, by which Mr. Phillips purchased and became entitled to all the grains produced in the brewery, and after each brewing 'le was accustomed to send his cart and carry them away. the tunman at the brewery was, however, allowed as a per inisite to have and sell the sweepings, and, as some of the witnesses expressed it, the leavings of thebrewery. These the human sold by contract to Mr. Biddiscomb, the plaintiff, who used to cart them away. Mr. Phillips appears to have lad some information given him which led him to suppose that Mr. Biddiscomb was in the habit of carrying away as sweepings considerable quantities of grains which he himself ought to have had. Upon this he went to the % - irewery with a policeman; they watched the plaintiff's ;art arrive and remain some time (Mr. Phillips's cart caving previously been there for the grains) ; and as it was leaving the yard they stopped the cart and questioned the plaintiff, and found ]5 bushels of grains in the cart. After tome discussion the plaintiff was taken to the police-office and given in charge. He remained in the cell all night, and was in the morning brought before Mr. Maude, who remanded him on bail. Ultimately, the case was allowed to drop, it was said, through the influence of 111 r. Norfolk, who did not wish any charge brought against his tunman. For this arrest and imprisonment the present action was brought. According to the case for the defence the utmost quantity of grains that could have been removable as the sweepings of the day would have been a bushel or a bushel and a half, and, therefore, the plaintiff, in carrying away 15 bushels of grain as he did, must have acted felo liously. The jury returned a verdict for the defendant. THE AFFAIRS OF THE ORIENTAL BANK COMPANY.—In Vice-Chancellor Giffard's court the case of this bank, ex -parte Maxondoff, came on for hearing. Mr. Maxondoff, as holder of certain bills of exchange which had been Clra,wn by a Liverpool firm, since bankrupts, on the hank, and accepted by the bank, sought to prove against the estate of the bank (which is winding up under the supervision of the court) the whole amount of the bills, although after the date of the order for super vision, and before he carried in his claim, he had received from the estate of the drawer Bs. 6d. in the pound on the bills. The liquidator sought to have the proof reduced by the amount of the dividend which had been received by the claimant from the drawer's estate. Übe 'Vice-Chancellor held that the claim must be reduced ,y the amount of the dividend which had been received by the claimant from the bankrupt drawer's estate. The payments made by the drawer, or his estate, must be as ann ed, in the absence of evidence to the contrary, to have peen in satisfaction pro (onto of the bills. He did not mean to decide that in all cases the rules in bankruptcy were to be applied to winding-up cases, but here the rules in equity and in bankruptcy were the same, that a man could not prove against an estate for more than was clue to him. Costs of the liquidator out of the estate. THE DISPUTED TICIIBORNE BARONETCY_— The well known case of Tichborne v. Tichborne comes before the court upon the question of the right to a grant of admi rdstration of the estate and effects of the late Lady Tich borne, who died on the 12th of March, 1868, a widow and intestate. The plaintiff claims to be Sir Roger Tichborne, 3art., the natural and lawful son of the deceased, and the iefendant, who is an infant, appearing by his guardian, ienies the plaintiff's identity. Dr. Tristram, for the plain tiff, moved that the cause might be tried by a special jury. Mr. Coleridge, Q.C. (with whom was Mr. Bayford), for the defendant, said that the issue raised in this case—viz., the personal identity of the plaintiff —was precisely the same as that which was raised in two suits now pending in the Court of Chancery. The value of the property affected by the Chancery proceedings might be roughly stated at C 20,000 a year, and the property affected by the suit ill this court might be roughly stated at £1,500. The defendant's advisers did not wish to incur the enormous expense of two trials of the same issue, and he therefore moved that the proceedings in this suit might be stayed until the matter had been disposed of in Chancery. The Vice-Chancellor would, no doubt, direct the question to be brought, in one form or another, before a jury, and it would be necessary to issue commissions for the examination of witnesses in different parts of the world, in order to test the truth of various statements which had been made by the claimant. Dr. Tristram opposed the application to stay proceedings, which was made, he said, for the purpose of harassing and annoying the claimant. The court thought that the claimant had a right to administration if he could make out his case. The court therefore ordered the case to be tried by a special jury, and made no order to stay pro ceedings or to delay the hearing. SINGULAR CHARGE OF THREATENING TO MURDER. — At the Mansion House Police-court, a somewhat singular case of threatening to murder came before Alderman Finnis. The complainant, Mr. Jackson, a merchant, -esiding at Enfield, was (with Mr. Drinkwater, of the Bank of England) trustee under the marriage settlement of the defendant, Mr. Harrison, a London stockbroker. The trustees had refused to allow Harrison to deal with .he funds under the settlement as he pleased, which led to an exhibition of much ill-feeling on the part of the defendant, and which eventually found expression in several threatening letters. The threats were of the most murderous description, and the prisoner seems to he con scious that his thirst for vengeance is so uncontrollable that it is better for him to be under restraint. The pri soner was remanded for a week, with the view of making inquiries into the state of his mind. Captain Horatio Ross has addressed a letter to the riflemen of Scotland, intimating that he proposed having a competition for admission into the Scottish Eight, at Irvine, on the 2nd June. TJNIVERSITY OF LONDON.—At the matriculation examination in January last one-eighth of the candidates were between the ages of 25 and 30, and of these 59 per cent. were rejected. The smallest percentage of rejections occurred amongst those between the ages of 16 and 17. Natural Philosophy : n 1 Chemistry were fatal to the largest number. More than a quarter of those rejected failed in at least six subjects. A DEATH STRUGGLE.-A n extraordinary affair is reported from Bridgwater. A few mornings ago a farmer named Pollard and a fish hawker named Driscoll were found lying on the road fast in each other's clutches, the former dead and the latter insensible. Driscoll, on be coming conscious, alleged that he knew nothing of the plight he was in beyond a recollection that some one had struck him with a whip or stick, and that be and the other had then fought. The deceased had both eyes dreadfully blackened, a cut on the back of the head, and various other injuries. It appears that about midnight be drove from Bridgwater with a horse and trap, which at a very early hour in the morning arrived at Canningtou without a driver, the step of the vehicle being broken off. Drisc,)ll was coming from the opposite direction to Bridwater, pushing a small handcart, which was found on the road, having also sustained some damage. DriEcoll wag taken into cui-tody. THE SUN, LONDON, WEDNESDAY EVENING, MAY 6, 1868. PE,OGRESS OF IMPEACMIENT. April 11.—During the preceding day General Lorenzo Thomas had been subjected to a very trying cross-examination by Mr. Butler. After the description of his ridiculous interview, in which he demanded the office from the Secretary of War, the examination turned on his conversation with George Washington Karsener, and also with Mr. Wilkinson, reporter for the New I orb; Tribune. General Thomas declared that his remarks to Wil kinson had been dictated by boast and brag, as he had no intention of really using force. He had told Mr. Burleigh, from Dacotah, that he intended to break down the doors of the War Department, and Butler asked him if this was also boast and brag, to which Thomas replied that he then meant it, and had he found the doors locked, he would have broken them open. On reflection he saw this might cause difficulty, and he determined not to use force. While giving his testimony he was fre quently interrupted by Mr. Butler, who repeated the question, " Are you sure he did not say take possession," in reference to the President? Also asking, "Why did you not at first say this, and by whom were you induced to make this explanation?" Then he turned sharply to inquire "if he knew what he was saying, following it up by, " Are you quite sure you know what you are talking about ?" Thus it happened that General Thomas came up this day to correct his evidence given on the 10th. He said that the President had instructed him to take charge, not possession, of the War Office. He admitted having called Karsener a liar,' but denied having said of Stanton, "We will have that fellow out, if it sinks the ship." Butler then asked him, "Do you now intend to take possession of the office of Secretary of War ?" And to this General Thomas, with much decision, replied, " I do." The proceed ings of this day excited interest, as Lieutenant- General Sherman was to be examined, and a con siderable number of strangers were attracted, among whom as usual was Mr. Thornton. It had been reported that the Managers wished to speak, espe cially Thaddeus Stevens, and the proceedings opened by a motion on their part to amend the rules of the trial, so that any of the Managers or counsel who desired to do so could speak on the final argu ment, the restriction to two closing speeches on each side being removed. Lieutenant-General Sherman, who was dressed in uniform, testified that he had arrived in Washington on December 8, on Indian business, and that during the two months he re mained he had several interviews with the President relating to Secretary Stanton. the President's counsel then attempted to extract from the witness what transpired at these interviews, and a scene of wrangling and dispute ensued, the Managers ob jecting to every question. To each attempt to ex tract what the President had said, Mr. Butler objected, declaring that the Senate could not re ceive the evidence of a third party as to the Presi dent's intentions. Mr. Evarts quoted a passage from Butler's previous speech, in which th;mt Manager maintained the right of the prosecution to bring in Mr. Burleigh's evidence to prove the existence of a conspiracy between the President and General Thomas to obtain the War Office even by force. Mr. Butler had then asserted that the Senate was a law unto itself, and on such a tribunal the ordinary rules on evidence were not binding. Mr. Bingham objected to any declara tions of the President on matters not involved in this issue, not made at the times when the Mana gers themselves had called them out. After an argument between the Managers and the Pre sident's counsel, the Senate, on the vote being put, declined to receive the testimony. The evidence then proceeded, and Mr. Stanbery asked Sherman to state what occurred on the day after Grant yielded up the War Office to Stanton at the inter view on the 14th February between the witness and Andrew Johnson, Grant being present ? Ob jection was immediately made to this, and the Chief Justice, although considering the question admissible, said he would take the opinion of the Senate. Mr. Stanbery stated these conversations showed the animus of the President, a vital point to the defence. So far was the President from in tending to select a tool for the War Office, he Lad first named General Grant, and afterwards General Sherman, as could be proved by the witness. In pthePresident s i l\ d l e a n n t a g d e e r s s i re r d a si t o n g p t e h r e presumption rin an u nla ‘ that tlae t through the appointment of General Thomas, the defence is justified in demanding the benefit of the ogs presumption fehhtecresm.uacTnhhateonptiraa t e l ka i s a ei d t Andrew ateshr.eGtieo l natlide office, ean but t e e r rh i e u el y a n haas t dk o e dd take na ce t tr l informed him of his purpose, which was so to place Stanton that he would be driven into the courts of law. To this Butler replied that the President, of course strove to get the best d h e e s c ir o i u n l g d a tool, Naturally he would take Grant or Sher man ; failing them, General 11. Thomas ; failing him he would go down, working lower and lower, till he got to the level of Lorenzo Thomas. But this was no proof that the President did not find a tool in Thomas because he did not find a tool in Sherman. c l o f a t v h e e rs d a e t f i e o n n c s e w, c , o it u h s ld i p l u er t m in an ev t id h e e ncethe President's prose cution equal aper right corre s p to o putcorrespondents n t s in a n e d reporters.e v , id had an equal The with vote of the Sen a t e was 28 aga i nst a ll ow i ng t h e nce talks his question, to 23 for it. In the minority were, as a li matter can s , among o c course, s w e , h , o a m l the great s Democrats, urpri se w and s le2xcßiteedpubby askedfinding i f the the name President o f had Sumner. offeredT he iu i witness lN taryship of War, ad i n t er i m, an d in spiteo t f he ßlt et i ch e re r e' Butler's objection, o objection, the que s ti on was put, and Genera l Sher man in ffionce,J athneuaprryes2idsethatahnadd3mOtand, made him while Stantonreplied the offer. As Sh erman ' s exam i nat i on proceede d was t Mr. Butler interrupted so frequently that the day was wasted in haggling over the questions, and call ing the roll of the Senate. The objections of the Managers were generally sustained, but the counsel, when the examination was resumed, brought up the point of the question in another form. An alter cation occurred between Mr.• Stanbery and Mr. Butler, the latter having declared that by these questions the counsel were trifling with the Senate to delay the trial. Mr. Stanbery scorned the intimation ; Mr. Butler himself had so constantly renewed his questions when the objections of the President's counsel were sustained that the defence had got weary of objecting. The day was exhausted by the counsel putting and the Senate over-ruling questions until Mr. Stanbery stated that his side was not prepared, under such circumstances, further to question the witness, and the trial was adjourned to Monday. April 13.—The first business was the considera tion of the Manager's motion to withdraw the re striction to the number of speeches on the final argument. General Butler announced that he did not desire to speak, but Thaddeus Stevens said he did. The President's counsel had no objection to the time being extended, but there was a debate whether all the Managers were to have the privilege of making closing speeches after the President's counsel had finished. This startled the Senate, who decided, in view of this prospect, to lay the subject on the table by a large majority, so the rule stands unchanged, each side being limited to two speeches at the close. The first question put to General Sherman, whose examination was resumed, was— " After the restoration of Mr. Stanton to office, did you form au opinion whether the good of the ser vice required a Secretary of War other than Mr. Stanton ; and if so, did you communicate that opinion to the President?" This was at once objected to, and the lawyers again.went at it dis cussing the subject with their usual bitterness, and reproducing the same arguments. " The President's counsel complained it was unfair in the Senate to allow the Managers to bring forward testimony in proof of the President's unlawful intent, and refuse the right to them to prodUce evidence of his intent. The question, however, was pronounced inadmissible by 35 to 15. Senator Reverdy John son then put the question—" Did you, at any time, and when, before the President gave the order for the removal of Mr. Stanton as Secretary of War, advise the President to appoint some other person than Mr. Stanton ?" But Senator Drake ob j,Tting,.the question was declared inadmissible by 32 to 18, whereupon General Sherman left the stand, and the clerk of the Supreme Court of the District of Columbia, named Return Jonathan Miggs, took his place. Ile testified to the affidavit fur the arrest of General Thomas made by Mr. Stanton in that Court, and the warrant upon it issued Feb. 22, but to these General Butler o')jected. The Chief Justice decided the inadmissibility, and the Senate sustained him by 33 to 17, and while Mr. Miggs was giving evidence the Democratic Sena tors determined to make another effort to get General Sherman's testimony admitted. For this purpose Senator Reverdy Johnson asked that Gen. Sherman be recalled, and then submitted the fol lowing question :—" When the President tendered to you the office of Secretary of War ad interim on the 25th day of January, 1868, and on the 31st of the same month and year, did he, at the very time of making such tender, state to you what his pui.pose in so doing was?" Of course the question was objected to, but the Senate by a vote of 26 to 22 determined that it should be put, thus reversing the decision of the preceding day. The witness answered " He did," and overcoming the constant objections raised by the Managers, Reverdy John son continued the examination. lie asked, " What did the President state his purpose was ?" a ques tion also sustained by the Senate, after fierce dis cussion, in which Senators, lawyers, and the Chief Justice took part, by 26 to 24. The witness stated : " The President told me that the relations between him self and Mr. Stanton, and between Mr. Stanton and other members of the Cabinet, were such that he could not execute the duties of the office which he filled as Pre sident of the United States without making provision ad interim for the office of Secretary of War, and that lie had the right under the law, and that his purpose was to have the office administered in the interests of the army and of the country, and ho offered me the office in that view; he did not state to mo then that his purpose was to bring it into the courts directly, but for the purpose of having the office administered properly in the interests of the country —of the whole country. (Sensation in court.) I asked him why the lawyers could not make a case, and not bring mo as an army officer into the controversy. His answer was that it was found impossible, or that a case could not ba made up ; but said he, 'lf wo could bring the case into the courts, it would not stand for an hour.'" Mr. Butler at this point made a vigorous attempt to arrest further testimony. Rising he moved down the central aisle, and while all eyes were fixed upon him said :-- "When the witness was on the stand on Saturday this question was asked of him t that interview what conversation took place between the President and you in relation to the removal of Mr. Stanton ?' That question was objected to, and after argument the Senate solemnly decided that it should not be put. That was exactly the same question as this. Then other proceedings were had ; and after considerable delay the counsel for the President got up and asked permission to recall this witness this morning. The Senate gave that permission. This morn ing they recalled the witness, and put to him such ques tions as they pleased. Then the witness was sent away, and then one of the judges decided to put a question to satisfy his own mind. Of course, he was not acting as counsel for the President —that cannot be supposed." Reverdy Johnson rose and asked what the Hon. Manager meant—to which Mr. Butler replied, " Precisely what I say ; that it cannot be supposed that the Senator was acting for the President." Mr. Johnson turned to the Chief Justice, and with great indignation exclaimed, " Mr. Chief Justice, if the honourable Manager means to impute that in anything I have done in this trial I have been acting as counsel, or in the spirit of counsel, he does not know the man of whom he speaks. lam here to discharge a duty, and that duty I propose to dis charge. I know the law as well as he does." Butler saw that he had made a mistake in having roused the opposition of the Senate, as the member of their body thus challenged was one held in high esteem, and whose opinion on a point of law carried great weight. Quailing before the indignation he had excited, he attempted to explain stating that he meant nothing wrong, and was far from feeling any desire to cast an imputation on Mr. Johnson, and in this apology he was aided by Mr. Bingham, when Reverdy Johnson declared himself satisfied, and the witness continued his testimony without further interruption. _ _ "At the first interview with the President nothing definite occurred ; at the second, however, the President made the point to which I referred. It was the consti tutionality of the Tenure-of-Office Bill which ho seemed desirous of having decided when he said, If it could be brought before the Supremo Court properly, it would not stand half an hour.' He also professed that if Mr. Stanton would simply resign, although it was against my interest, against my desire, and against my personal wishes and official wishes, I might be willing to undertake to administer the office ad interim. Supposing that the point was yielded, I said to him, Suppose Mr. Stanton will not yield?' He answered, Oh, he will make no opposition. You present the order, and he will retire.' I expressed my doubt, and ho remarked, ' I know him better than you do ; he is cowardly.' (Laughter in court.) I then begged to be excused from an answer. I gave the subject more reflec tion, and gave my final answer in writing." Being asked by Senator llenderson whether the Pre sident expressed to him a determination to remove Stanton from office, Gen. Sherman answered, " If removal by force be meant, he never conveyed to my mind such au impression, but he did most un mistakably say that he would have no more inter course with him in the relations of President and Secretary of War;" and to another Senator's ques tion he added, "I inquired, supposing Mr. Stanton does not yield, what then was to be done?" " Oh," said the President, " there is no necessity for con sidering that question ; on the presentation of an order he will retire." General Sherman was then asked if he advised the President as to the legality of an ad interim appointment, but this was over ruled, and at this point his important testimony closed. Return J. Miggs was recalled to prove the docket entries in the suit above referred to between Stanton and Thomas, and the trial was adjourned, the President's friends being considerably elated at having, after so protracted a contest, got Ge neral Sherman's testimony before the court, through Senator B,everdyJohnson's opportune interposition. April 14.—Senator Sumner brought up the mo tion of the Managers in reference to limiting the final arguments that, unless otherwise ordered, the other Managers and counsel who did not speak might print and file their remarks at any time on the closing argument. Senator Conness objected, and the order had to lie over one day under the rules. Mr. Everts announced that since last adjournment Mr. Stanbery had been suddenly taken ill and pre vented from attendance, and as it was impossible for them to go on they desired an adjournment. In reply to Senator Drake, he said that the President's counsel were not in a position to employ the time till Mr. Stanbery recovered in submitting docu mentary evidence, not understanding the proper nature and condition of the proofs. The court under these circumstances adjourned till the next day, Senators Sumner and Pomeroy alone voting against it. .April 15.—Mr. Stanbery, being still unwell, could not attend, and the President's counsel occupied the day by giving in documentary evidence. The first paper was the nomination of Thomas E. Ewing to be Secretary of War, sent to the Senate on the 22d February at the same time that the ad interim appointment of General Thomas was announced to the Chamber. A discussion took place over the next, which was the President's message in reply to the resolution of censure adopted by the Senate in secret session on that day. Counsel argued that the censure resolution being admitted as evidence, the message in reply should also be received. To this Mr. Butler replied that it was not till four days after the resolution that the message had been sent. Mr. Evarts called up the Private Secretary of the President, who testified to having carried the message to the Chamber on Saturday, the 22d February, but finding the Senate had adjourned he returned on Monday and delivered it. Mr. EvartE considered he had Um proved that the resolution of censure and the message were simultaneous, and Mr. Butler's statement incorrect. The Chief Jus tice decided that the message was inadmissible, and notwithstanding Mr. Evart,"s arguments, adhered to this ruling. A list of precedents was then given in proof of the practice of removing Cabinet and other officers without the consent of the Senate, and even during the session of that body by Presidents of the United States, and certificates from heads of de- partmeuts, showing similar removals of subordinate officers, were also admitted after a strenuous objec tion, which the Senate in each case defeated by a large majority. There was little to excite interest during this day, except . the short and snappish im promptu speeches of Mr. Butler, and on one occa sion rather a sharp reply from Mr. Curtis. April 16.—Mr. Stanbery was still absent, but Mr. Evarts said the defence would proceed without him. Mr. Sumner moved to admit all evidence offered—defeated by '22 to 11. Walter S. Cox, a lawyer of Georgetown, being placed on the stand, stated that he was sent for, February 22, arriving at the White House at 5 p.m. Here he was inter rupted by the managers, and after a long argument the Senate decided he should proceed by a majority of 29 to 21. At the interview the President told Mr. Cox of his desire to test the constitutionality of the Act by proceedings, and requested hitn to consult with Mr. Stanbery, who had been too busy to attend to the matter. They concluded that the plan was for General Thomas to apply for a writ of habeas corpus when sent to gaol by the criminal court of the district, and of this Mr. Stanbery ap proved. Witness then tried to have Thomas cim mitted to prison, but Mr. Stantou's counsel aske 1 for a / postponement, and Chief Justice Cartter granted his discharge, the witness moving for it in the exi.ectation that he would thus force his com mittal. lie applied next day to the district attorney to sign information in the nature of a quo warranto, which he declined to do unless authorised by the At torney-General. Nothing more wasdonein the matter than informing Mr. Stanton of the opinion. Being cross-examined by Mr. Butler, he said that he con sidered himself as counsel for the President, but ap peared before Judge Cartter as counsel for General Thomas, and did not tell the court or the opposing counsel in the court that his purpose was to get the case in train to test the constitutionality of the Tenure-of-Office Law, but supposed that they divined the object. Joseph Bradley, senior, was the advising counsel for General 'Thomas. The papers which he prepared to obtain a quo wen canto were returned to him a few days ago by Mr. Stanbery, with a verbal message for himself and Mr. Merrick to use them at their discretion. He had ' never received direct authority from the Attorney-General or the President to use tilem. Mr. Thomas was discharged from cus tody on motion of the President's counsel. It. T. Merrick, a lawyer of Washington, was next placed on the stand. Both he and the previous witness had been counsel for Thomas in the suit brought by Mr. Stanton, and he stated what his action had been on the 22d February. He was proceeding to inform the court that the President had sent for him at five o'clock in the afternoon, when Butler cried " Stop, stop ! I object to any thing the President might have said after five p.in." on which there was considerable laughter in the galleries, and some of the members had the bad taste to appear amused at the improper insinuation. I%lr. Merrick went on to say that the A ttorney- General had told the witness, in the presence of the President, to see if he could carry up tha case to the Supreme Court on a writ of habeas corpus, and a few hours afterwards wrote the Attorney-General a note on. the subject. On Monday he communi cate 1 the result of his investigation to the Presi dent's counsel, Mr. Cox, and they agreed to work together, in order to accomplish the purpose sug gested by the A ttorney-General. Tue.s lay night he had an interview with the Attorney-General in relation to conducting the case the next day. The question, What did you and Mr. Cox do in order to accomplish the result, was objected to, but ruled admissible by the Chief Justice, and no ap peal was asked for. - The answer was, "All that we did in court on Wednesday morning." The wit ness commenced to recount in detail the circum stances already briefly narrated by Mr. Cox, but Mr. Butler interrupted him to say " that ho wished to clear his skirts. All this matter was going on against the objection of the managers and under the ruling of the Chief Justice," whereupon the Chief Justice rose and said, "It goes in by de cision of the Senate of the United States." The witness then resumed his minute narration, and at its close, on cross-examination by Mr. Butler, testified that Thomas was not at the White House when he arrived. lie did not know whethei he was at the War apartment or not. E. 0. Perrin, of Long Island, was then called, and testified that ha had been personally ac quainted with the President about 14 years. He was in Washington during the month of February in company with Mr. &lye, member of Congress from New York, and bad an interview with the President, February 21, about two o'clock p.m. He took Mr. Seyle there to introduce him, but neither he nor Mr. S. lye had any knowledge of the removal of Mr. Stanton. The counsel offered to prove that the President informed them that he had removed Mr. Stanton, and would soon send to the Senate a good name for the position, but that he did not anticipate resistance, and regarded the arrangement as temporary. Mr. Butler objected, and an argument ensued on both sides. The question was ruled out by the Senate. Mr. Evarts had nothing more to ask in that view, and sug gested an adjournment ; but Mr. Butler opposed this in a long speech, wherein he stated that the Senators must get that man Andrew Jchnson out ; while they were thus losing time their fellow-citizens were falling under the knives of Southern assassins. The Ku-Klux Khan had even threatened himself, directing him to prepare his coffin and to meet his God. Nor was this all, the Secretary of the Treasury was defrauding the Go vernment, by buying Bonds at name than the market rate. Even since the 20th Feb. $10,000,000 in gold had been stolen from the Treasury, and, he attri buted all to the man in the White House, ending with the declaration that the Senate must at once proceed to eject him. The speech wag couched in the worse taste, it occupied 20 minutes, was entirely impromptu, unsanctioued by his colleagues, and has been very strongly condemned. It was replied to by Mr. Evarts, who said he had never heard such an harangue before, though he could not say that he would not hear another in that Court. A glance at the reports as they appear in the news papers will show that where the President's counsel ...ha,s_taken a paragraph, the Managers have occupied columns. Hour after hour is lost in objections to the evidence for the President. Twenty minutes by'the watch bad been consumed, even by that harangue in which the learned Manager discussed the Ku-Klux Klan.—The Senate then adjourned. 711 E ERIE RAILWAY DISASTER. Another railway disaster has occurred in the United States, due, as usual, to defective, worn-out rails. An Erie Railway passenger train left Buf falo at twenty minutes past 2 p.m., April 15, con sisting of a locomotive, a luggage car, a postal car, and six passenger cars, three of which were sleep ing cars, with some 200 passengers, for New York. Up to Narrowsburg 100 more were taken in, and the 120 sleeping berths were all occupied. Time had been lost, as the train had stopped and backed to pick up the body of a man over whom it had passed near Corry, Pennsylvania. The driver, anxious to make up the three-quarters of an hour he was be hind, increased his speed to some 40 miles an hour, although ordered by the regulations not to exceed 30. The roadway beyond Port Jervis has been cut out of the mountain side, and to the left of the train, at a depth of above 200 feet, flowed the Dela ware River, there, in a body of water, no more than a Scottish stream. The scenery is Alpine in abrupt ness of outline ; everywhere craggy rocks stand out, giving it a wild, and savage character, the pecu liar appearance earning for this portion of the Delaware the saying " that to live there is to see the sun but at noon." When 16 miles from Port Jervis, at a place called Carr's Rock, Sullivan County, New Yoik, about a quarter past three on the morning of the 16,h, the rear car got off the track, three others quickly followed, and on the giddy precipice danced along while the couplings lasted, propelled by their own impetus and dragged by the engine. But the links gnapped one by one, and the last car, reaching the edge, plunged down the precipice, rapidly fUllowed by the three before it. A sufferer thus describes the descent :—" The car I was in crushed up as it rolled like a long paper box, and when it had ceased rolling it was a complete wreck. The sides had folded open, as it were, and lay level with tile floor of the coach, and the narrow section of the roof, in which the sky light and ventilation are placed, lay diagonally across the broken body of the car. Mr. James P. Bigler, who was a passenger, gives the following account :—"As soon as the motion of the train out beyond all precedent, until there is scarce a mile cf your road, except that laid with steel rail, between Jersey City and Salamanca or Buffalo, where it is safe to run a train at the ordinary pas senger train speed, and many portions of the road can only be traversed safely by reducing the speed of all trains to twelve or fifteen miles an hour, solely on account of the worn-out and rotten condition of the rails." The verdict of the coroner's Inquest held at Port Jervis sustains this evidence, showing the accident to have been the result of the defective state of the road :—" From the evidence before us we have arrived at the conclusion that the deceased Tobias Elrich came to his death from injuries re ceived by the cars of the Erie Railroad being thrown from the track at Carr's Rock, Pennsyl vania, the accident' being caused by a broken rail. The occurrence, in our opinion, might have been avoided had the train run at less speed, owing to the unsafe condition of the road." THE KU-KLUX KLAN. At Memphis, Tennessee, a lodge of the Ku-Klux Klan was broken into, and the constitution and other documents captured, from which some de tails respecting the order have been gathered. The Chapter was named the Supreme Cyclopean Coun cil. The constitution says: —" The object 'of this organization is for the purpose of protecting the people of the South from the band of murderers and robbers now preying upon them, even to the last resort, assassination, and we pledge ourselves one to the other that nothing shall be allowed to divert us from this noble object." When a candidate is admitted the constitution further says :—" h e members of the lodge, all shrouded, will rise ar.€ l receive him, and conduct him into the middle of the room. Each member of the order shall have a drawn dagger or other weapon iu his hand, pointed toward the candidate, and each member will be re quired, in the presence of the candidate, to swear that should said candidate prove recreant to the oath which he is about to take, that he will kill hint and make it his especial duty to do so on the first safe opportunity." After being admitted the can didate is compelled to subscribe to a long oath, of which the following is the closing part I far ther-swear that all Radicals and negroes who have placed themselves opposite to the interests of the owners of the soil of Tennessee shall for ever be my enemy, and that under no circumstances will I have other connection with them if I can help it than to ' welcome them with bloody hands to hospitable graves.' That my family and the family of a Radical shall never interchange visits. And I further pray that the God of the Southland, whom I now invoke, shall strike me dead should I ever, either in letter or in spirit, infringe upon the things sot forth in this oath. To all of which swear in honesty of heart and sincerity of purpose. So help me God." The grip, pass words, sign, B:e., were likewise ferreted out by the authorities. The klau was organized at New York by Tennessee Conservatives, and first put into operation in the town of Pulaski, in the latter State. On the centre table a human skull was found, used in administer ing the oath to members. From Georgia has been sent fac-similes of the documents ; the order circu lates for the intimidation of their political opPo nents. They are handbills printed on pink paper, and adorned with such symbols as a cannon/ a coffin with a white cross, a skull and cross bon es ' a dagger, a chain, a coil e d snake, a sword, a heart, two crescent moons, a bla c k flag with K. K.. N. upon it, a hound, a bugle-horn with inscriptions 4 " Klansmen, the deed without a name is done. "Many thanks, 0 Ghenghis Khan, thou whose crown is" (device of skull and cross .bones), " A ttend th e Cabala and the curse of Nemesis upon him that speeds not the foot at its m)stic summons." -under such devices as the above, the following is the fae" simile of one of the documents, the name of Or person to whom it is sent being written on the coffin : vvW HEADQUARTERS, GRAND CIRCLE/ DIVISION 187, S. THE AVENGER COMETH ! THE GREAT CYCLOPS TO SACHEMS ! REMEMBER THE HOUR RIPENS ! FUNERAL ALONE! YOU KNOW THE PATH--PURSUE IT ! TO TRAITORS—A BLOODY SEPULCHRE! WE COME! OHELCOHE, G. 0. IC. I C ' it is now more than two months since the first notice of the existence of the Ku-Klux Klan appeare d in the papers of Tennessee. Latterly their cabalistic. letters and sig n s h ave b een seen i n sev eral cities of the South. In Columbus, Georgia, shortly before the murder of Colonel Ashburn, these intimations were marked on the.doors and v lllll3 throughout the city ; placards were posted up at the s doors of Union men, containing their mystic letter, cross' and signs, -with skulls, coffins, skeletons, bones, deadly weapons, and written sentenc e : breathing out most terrible threateniugs them. They were warned that their time was short' mysteron,s that their days were numbered, that they must pre pare for sudden and awful death. They were re; minded that the time had come when the blood e,rl the- Confederate dead would be required at the 1 0 . hands, that the spirits of the slain were swarnao); through the atmosphere, and calling f o r vengea cc d. Secret assassinations were hinted at in various w a Y' No less than three of these mysterious placards were hung up at the door of the Assessor of la te r.. _ nal Revenue, Mr. Joseph W e b s t er . O n one of die': he was warned to prepare for sudden death. ne of them contained a coffin, with Ashburn's 13 , 5 .7, .written near it, and the picture of a s keleton 1 1 1 1 ; g init. Among other things a bundle of bonSs sy „ o hung up at Mr. Webster's do or . Several 1 .)°, 1 n " .g men had received anonymous missives tivarn them that they must prepare to die. s• -- [ADVERTISEMENT.]—HoIIoway's Ointment and Pill ses Hereditary Diseases.—The tendency to particular di in~o transmitted from parent and child exercises a wi de ry ence in producing disease. Few are free from here& dig. predispositions. Consumption, gout, and scrofulous bu s orders aro from this cause ever present, and yearly r 0 ills of our dearest treasures. Holloway's ointment An u o .bici have the power of removing from the blood the re d ie qualities in which lies the essence of all bereditarYurify eases; and not only do they cleanse the blood butY . ,4od every living tissue throughout the frame whether sa"100,- externally or intertfally. They are soothing Y et 6 13605 ing, and never can be wrongly used or do harm. tiru ict free from noxious ingredients the most delicate an d may fearlessly employ them. gate jADVERTISENENT.]--Avoid Medicines: they always so - .torim." chronic complaints: but Du Barry's delicious health-re;urislr Revalenta Arabica Food, which yields three times the e l l ,,,,edie g A mem of the best meat, saves 50 times its cost in other l and invariably restores perfect digestion, strong nor f e tio„en; lungs, healthy liver, pure blood, refreshing sleep, regularity, anti energy to the most disordered or enfeeble :to -O,A extract a few out of 68,000 cures ;—" The Pope's health OP 18 66. by Du Barry's Food. Cure No. 68413. "Borne, July 21 ' sie r° ' —The health of the Holy Father is excellent, esp „i tt lll ti oor abandoning all other remedies, h e h a s c on fined himself ettsolee to Du Barry's Revalenta Arabica Food, of which he con DO W • a plateful at every meal. It has produced a surpris'n,,,i s tidal effect on his health, and his Holiness cannot prais e ',7 5 lent food too highly." From the " Gazette du Midi, July - 1 . 9 - live No. 58,216, of the Marchioness de Brehan, of seven Ye':,, er foll complaint, wasting away, debility, nervousness, with 9 ,ll ` c i palpitation all over, had digestion, constant sleePle%; the most intolerable nervous agitation.." Cure No. yea Stuart de Decies, Lord Lieutenant of Waterford, of ratt, u ;„„ fraS" dyspepsia. No. 49,832: " Fifty years' indescribable aguL;ieeli . flaw so dyspepsia, nervousness, asthma, cough, constipation , co o spasms, sickness, and vomiting.—Maria July.' , 30 yearir-a 46,270: Mr. James Roberts, of Frimley, Surrey, o' A '„y diseased lungs, spitting of blood, liver derangu t t, 1 - 0 3- ti s partial deafness. Important Caution.—Beware of t w ith° d , unsavoury and more than sloppy imitations to whiell , titt ach„ ; authority, Baron Liebig's name is most audaciously 11:7. In tins at ls. lid.; 1 lb., 2s 9d. ; 2 lbs., 45. ; r , 5 /443 :1i ' 12 lbs., 225.; 21 lbs., 405.—BaaaY De BARRY 198, Regent-street, London; also Fortnum and Mason, 104 ., , q ), a nd and at 61, Gracechurch-street; 4, Cheapside; 63, Oxford-street; 330, Strand ; and all grocers and chem.". Births. 13 0 e rg ' BERNEits—On the 4th inst., the wife of Charles —c) Esq., of daughte3d inst., at 40, Great Cu .—r. ~,,c b rla ucl' COVENTRY — a On the place, the Countess of Coventry, of a son. ~ -stre °tf TRENCIIARD—On the 4th inst., at 72, ifa x,l r.r otv. Cavendish-square, the wife of John Ashford/4 chard, -Esq., of a son and heir. i Marriages. h cbti rch ` l HEwirr —Fonts - On the 25th ult , at the VOL' s tet, South Hackney, James Hewitt,.Esq., of 3(lancliesoutt' Mary Ann, youngest daughter of John Ford, r46(1.' c,i , , gate-road, De Beauvoir-town. ~, Cie to NASH SHANNON—On the 30th ult ,at St..lo“ll'- 11. 0 ' f Darlington, Charles G. Nash, Yin. Paymaster A l ter ° Julia Jane F. Shanno:J, youngest slrviving (1311 c the late Captain ltddney Shannon. 11. N. • • Deaths. piig li t : BARTLEY - On the 3d inst., at 14, Danmark-terrae".stree ton, Charles Pitt Bartley, Esq., of 30, sotu erk.e` , ~ 11 Portman-square, solicitor, aged 76. , of 3l/ BUXTON—On the 4tli init., Edwar.l Bunton, 04" 161°, hill Park, Acton, Middlesex, aged 66 . 0 5, of FFARINGTON •On the 4th inst., at Woodvale , C o co ‘ t ioty P of Wight, Admiral Ffarington, J.. for the 1 Cl. il• Southampton, aged ner o_ GR/EME —On the Ist inst., at Paris, etio o Graeme, late Madras Cavalry, aged 63.: Villas, J,; 111 ; J OtiRDAIN —On the 4th iost. at 8, Junctioa ,ed 6,. 0 . road, N. Wiri Coruelias'Jourdain, Esq. , a t' t, E c i'' LILLIFANT— On the Ist inst., John Lil li l''6 l ;, Coombe, Copplestone, North Devon, age' Major-6c .. o No. 112, Strand, London : Printed and Published by Intl-AO ee' ` ll l.f i e S t il o f Strand, In the Precinct of the Se coy, in tile Middlesex.—Wednesday, May 6, 1868. Printer, at Tim SUN oillcoo f ceased, I went up and got oat of the rear door, and saw there were no cars behind us. I ran back along the track, accompanied by two of the brakes men, and after going some distance we met the conductor, Mr. J. B. Judd, running along the track. His face was scratched anti bloody. He told one of the brakesmen to run rapidly back and get the red light, so as to stop the other trains that were on the track, and the other, to go and help the passengers who were over the embankment, and striving to get up the rocks. He himself ran down to the train and ordered it to back up to the spot where the accident occurred. I proceeded on with the brakesman, who went to the scene of the disaster to help the wounded. Their cries, shrieks, and groans, which could be heard at the top of the embankment, were of the most appalling nature. We climbed down by aid of the telegraph wires that had broken, and found the four cars that had gone over all de molished. They rolled over twice, descending about 70 feet. Prayers for relief came from every portion of the wreck, and without delay we commenced to extricate the passengers buried beneath the ruins. Men, women, and children were taken out, some dead, others dying, and occasionally those that had escaped entirely. One man was pulled from the wreck with a large hole in his head. His death, from appearances, must have been instantaneous. The next dead person found was a woman from HorneLsville ; my impression is that her name was Cobb. Almost immediately after we bad descended the conductor, with the passengers of the forward cars, joined the brakesman and 1, and we laboured together. In a few minutes I found one .of my friends, Mr. D. Lyon, of Binghampton, and taking him from the wreck helped him to a mattress taken from the ruins everywhere piled about. His injuries are internal, and of a very seri ous nature. After relieving him I countinued my search amid the wreck In less than half an hour—the darkness being 'of the most in tense natur&—the rear sleeping coach, which was separated from the other three by a swift stream of water running through a culvert, took fire, illumi nating the scene, and adding a new horror to the fearful disaster. By this light the faces of the dying could be seen, and their sufferings shook the stoutest heart present. Efforts were made by a number of passengers and brakesmen to put out the fire, and they eventually succeeded, but not before six or seven bodies were burned ; but whether any of these were living when it commenced I cannot say. Soon after, it was discovered that the wreck of the for ward car was in flames, but by prompt action it was soon extinguished. 'There was no one in this car ; but several passengers were under it, one of whom was my townsman, Mr. I. S. Dunham, who was shortly after taken out, but found dead. Hi s death, I think; was immediate, the car having fallen upon him. More than three-fourths of those who went down the embankment were either killed or badly injured. When nearly all hal been taken from the wreck and transferred to the train, I went through the cars and asked the injured what I could do for them. More than 60 messages were given me by men and women to telegraph to their respec tive friends, who were in Minnesota, Indiana, Wis consin, New York, and the East. These I subse quently left at the telegraph office in Port Jervis. While I was writing these messages, the cries of the wounded and their great sufferings, with the bodies of the dead relatives near them, made a scene of the most heartrending character. One of the passengers killed was Mr. Blossom, keeper of the Erie restaurant at Sus quehanna ; I knew him by sight. There was a family of nine persons, father, mother, and seven children in one of the rear cars ; the mother and one child were instantly killed and the father mor tally injured. I saw five of the children, and they were badly scratched, but not seriously hurt. I saw a young lady and her little sister from Chenango Forks, Broome county, New York State, who pointed to the bodies of her dead father and mother. Her grief was indescribable." Five hours after the catastrophe the injured and the killed were con veyed to Port Jervis, where all the surgeons of the neighbourhood were summoned by telegraph, and a scene harrowing in its details occurred. Ephraim. and Mrs. Hoyt, Chenango Forks, New York, were among the dead, but the children in the same car had escaped. Mr. Sauss, a French gentleman on his way from Niagara to New York, with a boy named Foye, whom lie was taking to France, occupied one berth in a sleeeping car. The boy escaped, but Sauss was mangled to death. The victims, so far as is known are 23 killed, 69 wounded, and four missing, among - whom are killed—Ephraim Hoyt and Mrs. E. Hoyt, Che nango Forks, New York ; Mary E. Cobb, Horns- New York ; Enos Blossom, saloon-keeper, Susquehanna Depot ; child of Mrs. Fisdell, Ithica, New York ;IL C. Corwin, supposed to be from Urbana, Ohio ; J. S. Dudhaw, Binghampten, New York ; C. K. L oom i s, Buffalo, New York ; Eli J. Knapp, Jamestown, New York ; and Thomas Broadway,Pielrir ou to n n d ,lo2, enry , New York. w el._H Haention, Darnsville, New York, legs broken ; S. B. Fairman, Elmira, New York ; G. W. Harris, Ind., badly ; Lewis Baker Bates, New York, head ; S. W. Horton, Salem, Wis., side and head ; S. P. Snow, Bleaksburg, lowa, head and breast ; --Aldridge, head ; G. W. Baker, lthica, shoulder broken badly ; G. G. Latham, Syracuse, New York, back and head ; Mrs. C. It. Beardsley, 133, Hudson-street, New York, arm, shoulder, and head ; G. Hartman, Hudson city, New Jersey, head ; C. V. Taffany, Dansville, slightly ; A. L. Oliver, 17, west 13th street, New York, leg ; A. L. Smith, Hornellsviile, New York, badly; Mrs. C. C. Reynolds, 'Hornellsville, badly; D. Rogers, Corning,. New York, head and limbs ; W. P. Decker, Waverley, N.Y., head and limbs ; A. Palmer, Ripley, N.Y., back and internally; L. J. Fitzgerald, Cortland-street, N.Y. ; A. T. Kingley, Scoutland, N.Y. ; M. Goodm an, 64, Eliott-street, Buffalo ; S. Swett, Middletown, N.J., breast ; J. R. Henean, Louisville, Kentucky, badly ; Mr. Rea, Middleton, N.Y., slightly ; J. Henderson, Bonat, Ohio, breast, badly ; J. Balzier, boy, Cincinnati, Ohio, face and limbs ; E. R. Newton, Corry, Pennsylvania, back, side, and breast ; N. W. Gokey, Addison, N.Y., slightly ; A. S. Gillett, Miss A. S. Gillett, and M. Stewart, Mercer, Pennsylvania, back and head, badly ; J. J. Ranney, St. John, Michigan head and back ; A. Classin, New York, slightly ; three children of S. P. Snow, hurt seriously ; C. h. Mon crieff, 453, Hudson-street, New York, badly ; D. Lyons, Binghampton, New York, head inter nally ; J. B. Floyd, Chemung, New York, burned and badly hurt; A. L. Bigelow, boy, Attica, New York, face and limbs ; E. Gunther, train porter, head and limbs ; G. Furnace, New York, badly ; Misses Maggie and Emma Hoyt (father and mo ther both killed), Chenango Forks ; D. B. Stratton, New York, back and arms injured ; Mrs. Bailey, Londerville, Ohio, slightly ; J. T. Jewett, 73, Leo nard-street, New York ; J. Decker, Elmira, New York ; C. C. Donahue, Buffalo ; Austin Woodruff Randolph, New York ; . John Dubers, boy ; un known woman, insensible, aged 30, baggage check 506, New York ; Addie Snow, child, slightly ; C. IV. Douglass, division superintendent, badly bruised head, shoulders and back. An accident bad occurred on the preceding Thursday evening within a mile of the spot, when 13 cars of a freight train ran off the track and down the embankment, where they were broken to pieces. This, as well as the Wednesday tragedy, was due to a broken rail. The Erie directors lay the blame upon the Vanderbilt party, declaring that they had contracted for 20,000 tons of English steel rails, which, had it not been for the injunc tions, would now have been laid. They state that by their orders within the last three months the speed of their express trains bad been reduced to accommodation time. Indeed the reduction of speed was rendered incumbent by the state of the lane, Mr. 11. S. Riddle, the general siperintendent, having reported iu March that the ,pondition of the iron at that date was such as to give him anxiety and apprehension for the safety of trains, adding— " The iron rails have broken, laminated, and worn _o"4r 4i k AI, Mi MT 0I rno Sol Lo Bu TI •b vi by ; for Solo or o bo o r lltty 'u/ 1101 d for ti trin, S' o s . ( ata l , an "7' Thi s hour for C4c, Cud, Bold 412c1 cob ) f ectl) tio ve - ; P t au et eta,4 rt te r , on et anip 411 (1 al tfis born 11 %AL b('