The national Republican., 1866-12-21
An ImportspS; .eu pecis6s,

IAN Importans1 1.sst tRees,ls>H>> )
BALrNoRE, Dec. 20-A 1asS rheevin was
presented the questioa whS her 1he assignees
Of person who prevlona v thA breaking out
Of The rebellion had bis I'm inNlfed, and Who
entered into the rebel service, could recover
the amount Of his policy, was determined in
the Supreme Court Of this city today. -
The parties to this suit are Alexander
Penn and Richard H. Mitchell, assignees Of
Richard N. Snowden, plaintiff, and the Mu-
tuI Life Insurance Company OF New York,
defendants.
Snowden, then resident Of this city, on
the llth Of January, 1856, obtained policy
in the company for five thousand dollars.
The pensions were paid annually to the agent
here until Snowden, in 1861, went South and
entered the rebel service. He was at one
time an officer on the staff Of Major General
Polk, and was engaged in several battles.
He died on the 9th Of January, 1864, at
Montgomery, Alabama, Of disease contracted
while In the army. ..F,r.2rB.. ss. ...sr o..
The plaintiffs claimed that the company
were responsible, as the amount Of the pre-.
MUM was paid each year, and that the last
payment was made to the agents Of the
plaintiff in Richmond on the l1th Of Janu-
ary, 1864, ten days after the death Of Snow.
den, which fact, however, was not known at
the time.
The defendant resisted the payment Of the
amount called for by the policy, on the
ground that the insured violated the terms
Of the policy by going south Of the lines pre-
scribed by 1t, as also by entering into the
military service, contrary to the express pro-
visions thereof At the bottom Of each pol
icy is notice or stipulation that the agents
are not authorised to alter the contract en-
tered into, or in any manner change the
provisions contained therein. Hence It was
urged that the act Of the agent in receiving
the premiums after IL was known that the in
sured had entered the military service did
not bind the company. On the opening Of
the case on Monday the counsel Of the de.
fendant stated that they were prepared to
pay back to the party entitled to receive
them all premiums receivedssince 1861, with
interest thereon, as also the costs already &C
cruing in the case. s.- -
The plaintiffs declined to receive the
amount, claiming that they are entitled to
the whole amount Of the policy. To-day the
Jury found verdict in favor Of the company
and against Snowden's heirs, but the presi-
dent Of the company, Mr.. Winston, before
leaving the courtroom, with great liberality
gave them check for $4,000 and paid all
the costs of the case. He said the amount
involved was Of no Importance but the COM
pany desired to have the privileged settle by
the courts.
& Fssi.ns.
SwEErsBuRo, Dec. 20.-Court met at $50
q. m. Peter les was sworn. He mar
rated the conve fIktlon he had with several
parties of Fenians who came to his house,
near Pigeon Hill They told him they were
going to fight the British Govemment-whip
the Red Goats, take Fortress Quebec, string
up q renegade Irishman named McGee, and
establish in Canada Republican Govern
ment. Thomas R. Roberts, Of the Advocate,
narrated similar conversations which he had
with the Fenians at Pigeon Hill. Alpheus
Stephenson gave evidence concerning the
plundering Of large number Of houses at
Pigeon Hill by the Fenians. In cross-ex-
animation by Mr.. Devlin, he stated that he
saw the prisoner Madden there on Friday
the sth He also saw Rogers, who was o
prisoner, but who had been discharged. He
saw Rogers taking horse which belonged
to one Of the residents and ride away with it.
Before going he took work-basket off Of o
He carried it away with him.
SwEETsBuRG, Dec. 20.-Humphrey Chole-
bourne produced medal taken from the
prisoner Terrence Mcdonald. On one side
were the words "Irish Republic" and ship
in the CENTRE and on the other, " Ireland and
America" with device of clasped hands,
and the date of 1866, with the shamrock and
sunburst. Anthony Jewell, constable, gave
his evidence, testifying to the arrest Of the
prisoner Madden on the afternoon Of Satur-
day, the 9th of June. He went in company
with Asa Reckert and Levi Traver to the
Recles House, late the Fenian headquarters,
where they found the prisoner and a number
Of other armed Fenians. The witness had q
revolver. One of the Fenians brought his
carbine to o present, and both fred at the
same time. He next saw Madden with his
carbine at present. Madden was armed
with carbine and sabre. Mr.. Devlin OBJ
jected to this evidence, and said he should
object to all evidence that might be given Of
the alleged completely with the Fenians on
the part Of the prisoner.
The objection was overruled, and Jewell
continued. He could not say whether Mad.
den fred. Witness fred at Madden, wound
ing him in the side. He then started to run
for the woods, and witness shot him again,
somewhere in the back between the should.
ers. At the fourth shot missed FIRE, and
witness fell and dislocated his knee He
gave his revolver to Rekert, who brought
Madden back. They got him into wagon
and brought him to Pigeon Hill. As they
drove of, some Of the Fenians fired on them.
Asa Reckert gave evidence of the capture
of Madden. he ordered him to throw down
his arms. Madden, holding up his hands,
said he was shot and asked them to be good
to him. Jas. Magroves said that on the 9th
of June he was at the Reche House, and saw
several Fenians there-one marching up and
down as a sentry, who halted him. The
prisoner was seated on log, and complained
that the officers had deserted them. The
prisoner pulled up the hammer Of his car
bine and said "Do you see that? Ireland
never will be free long as that goes back.
Another squad Of four or five men came up
and he told them to leave, because a party
Of soldiers were coming One of the Feniani
said, referring to the prisoner "This is my
captain; l will mind him." The prisoner did
not reply
Levi Trevers gave evidence corroborating
Reckert and JEWELS as to the capture Of the
prisoner. George Tilbury, trooper in tht