davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17

sEcoR robson has a great dislike for
Mr.. WHITTHoRNE Of Tennessee, the Chair
man Of the Naval Committee of the House
This dislike was 50 great that when Mr.
WHITTHOKNE was engaged in the inVcstga-
tion Of his corrupt dealings as Secretary Of
the Navy, SEcoR robson conspired with
base editor In Washington named MUIR
TAGH, a friend Of GRANTS, to enticc the gen
tleman from Tennessee into a disroputabc
house, and then have ii pulled by the police
and Mr.. WHITTHoRNE carried off as vile
and vicious person to the police station,
where on promise that he would report ia
vOrably for SECoR robson, he should be let
off from punishment, or otherwise be sub
jected to great annoyances and be ruined in
reputation. 1t was very vile plot, but that
was no reason why it should be Offensive to
SEcoR robson or to GRANT; and it was not
Offensive TO them.
Congress was naturally outraged at the
conspiracy to blackmail ono Of its members
and at once both Houses passed, without
dissent, bill abollshng the Washington
Police Commission, in which such thing
was possible GRANT, meantime, seeing that
the matter had been carried too far, changed
lll' tbll5llAultou " TIC COMMISSIONS Dlll nc
retained of the old members only this fell
low MURTAGH, the blackmailcr. GRANT
then vetoed the bill abollshing the commits
sion. The House promptly and Justly passed
the bill again over the veto, but the subscr-
Went Senate, though it had unanimously
agreed to the measure, refused to go back
Of tho Veto and GRANT, MURTAGH, and
robson succeeded in their purpose. 1t
mattcred little, however, for the Police
Board had been changed, and Mr. WHIT
THoRNE had not been caught.
On Wednesday Mr., WHITTHoRNE offered
an amendment to the bill appropriating
money for the navy, which required the APP
pointmont Of n mixed commission to decide
upon the future naval policy of the United
States. We certainly need to have our naval
policy altered, but it is question whether
such commission as that proposed by
Mr.. WHTTHoRNE will accomplish anything
Of advantage. The trouble about it would be
that its main places would be filed by mem
bcr7 Of that do-nothing body Of navy officers
which exists at Washington, and maintains
its power over Congress by social considera-
tiOns and Establishments. We have no more
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
Mr.. Ccrard's Bill,

There Is at least one serious objection to
Mr.. GERARD's bill. now before the Lcgisla-
turc, providing for the criminal punishment
OF deiauting executors, administrators.
guardians. and trustees. The penalty ii i'm
poses is u fine not less than the amount en-
bezzled, and twenty per cent. In addition
thereto, or Imprisonment in the State prison
until such fine he paid, but not more than
five years. The objection Is that the act will
give parties the use of the penal system of
the State as means OF enforcing their per-
sonal and private money demands; for 1t
provides that the fine, To the extent OF the
sum embczzled, with seven per cent. of the
interest, shall go to the injured parties, and
there is to he no Imprisonment at all in case
the fine is paid.
Now, this is not punishment in the correct
sense Of that term, as used in the criminal
law, where it implies suffering imposed on
the offender for public purposes, and without
direct reference to the interests of the per-
son who has been injured by the act pun
ishcd. Here, however, the so-called penalty
has reference Ia nothing else, and imprison-
ment can be wholly avertcd by the rcstitu-
ton of the amount unlawfully taken, to-
gcther with n sum, by way Of interest, large
enough to cover the expenses Of prosecution.
II Is as II forger could save himself from
the State prison after conviction, by max
ing good the loss his crime had caused.
The public welfare alone can Justify any
addition To the list of acts which the law de-
dominates criminal Ii these breaches of
trust are to be classed among crimes, let
them be- punished like crimes, by the inflc-
tion Of some suffering upon the guilty party,
independent of the fact of restitution.
Otherwise, the sanctions of the criminal law
will be used for the furtherance Of private
ends instead Of the public interests.
The facility which this bill furnishes for
charging trustees with crime strikes US as
equally an error in legislation. Bcnefciares
are TO be protected, but we must not subject
executors, administrators, and guardians 10
unfounded attacks. lfthis measure becomes
n law, we may expect criminal complaints
to be brought against them on the slightest
provocation. These might he prevented
however, by adding a provision that the
question OF an actual intent to defraud
should be left to the jury as n separate and
distinct proposition. in all cases arising UNI
der the act, and that no criminal punish
mcnt should be inflicted unless the jury
found that such actual intent existed on the
part of the defendant. This would probably
deter compainants from making basclcss
charges, and would certainly be safeguard
against unjust convictions.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
A Possible Doubt.

THOMAS RYAN, who died of poison or
fright in anticipation OF execution at New
ark, N. j., last Thursday, and CHARLES H.
OsCHwALD, who was executed at the same
place the same morning, both protested
their innocence, under all circumstances,
and at all times, up to the very last.
The evidence against these men was pref
ty strong; strong enough to establish de-
cided probability Of their guilt. Their own
asseverations OF their innocence were cnti-
tied to only q moderate degree OF weight;
and yet, after all, there remains doubt.
and shocking possibility that two guiltless
young men have been hurried 10 horrible
and ignominious cndl
The Identification Of the prisoners by
BROCK, the policeman they were accused Of
numbering, might have been shaken had he
been cross-cxamincd. Their identification
by other witnesses, who testified against
them, was in many respects inconclusivc
and unsatisfactory.
Besides, cases Of mistaken identity are Of
very frequent occurrence. When DIR. PARK
MAN was killed by DR.. WEBSTER, in Boston,
many years ago, witness after witness came
forward and sworc to having seen DR.. PARK
MAN after as it finally turned out, he had
been killed.
Probably the Newark mon We're guilty; II
is awful to reflect that possibly they may
have been innoccntl
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17

tiously withdraw. One scat IS In contest
before the courts Of California. one in Mis-
souri,, and MIR. STEPHENS of Georgia Is lying
critically ILL., so that in a certain contingency
his presence could not be relied on by the
Democracy.
1t is thus seen that II Mr.. HAYrs should
bc returned by the Commission, and call an
extra session on any prctcxt Whatever, say
in April, the House would be go closely
poised az to require every Democrat To be
ON the ground. and in condition TO vote, in
order To organize not only without any aid
from the Republicans, but with the certainty,
In that event, of confronting n scheme to
DUST the real majority. Once in position,
the Democratic strength would probably be
increased eight or ten votes, by the contests
that have already begun in various States.
These possibilities are suggested as
worthy Of serious attention, because they
involve legislation and public policy. in the
few days that are left Of this passing Con-
grcss. The House Of Representatives must
not he caught mapping, while the conspira-
tors who are now striving to impose u
fraudulent President on the country are
plotting also to steal the organization of the
next House, in order that they may have
full swing at the Treasury in case the Flee
toral Commission shall be converted into n
national returning board. on the model of
that which WELLS and his associates have
made immortal in infamy.
Mr.. Speaker RANDALL will do well to keep
his eyes on every exposed point, and see to
1t that the most trusted men only are put on
guard. There never was time when vigil
lance was more needed than now. The great
railroad Rings are assembled In their
strength at Washington for corrupt objects,
which relate first to the schemes which they
are prosecuting, and secondly to the Prcsi-
dcncy, az it may affect their future inter
osts. Tho Senate can easily throw the APP
preparations over, and furnish an excuse for
an extra session, II the Republican pro-
gramme should succeed. And in that posi-
bic event would come the great strain.
against which every prccaution should now
be- taken.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
PRINCE GORCH iKOFI"s NOTE.
The Tenor OF the Answer Agreed Upon by
the Great Powers.

LONDON Feb. lG--In the House of Com
mons this afternoon the Hon. Charles Bourkc.
Under Secretary for the Foreign Department.
in reply To a question 10y Sir Charles Dixie, bur
onct uiadieal) member for Chelsea, said the
Government intends answering Prince Cor
chakon's circular hut the time of answering
depends upon the course OF events. Tho effect
Of the change of government at Constantnoplc
AMI the results OF the negotiations between thu
Porte and Scryia and Montenegro must b,
awaited. Ii IL also desirable. before expressing
our views, 10 know thos" ui the other powers.
despatch from Berlin 10 the IdU MdW ia
zeite says. 1t IL stated that negotiations be-
tween the powers about answering Prime Cor
chakons circular urr about concluded. II l. rN-
pected that the replies will be- sent next week
The powers have agreed that the answers shall
not be identical, but similar in sense They Will
d"clln" 10 participate in any measures of ro'r-
ciOn against the Porte, and also decline consti-
tuting Russia their mandatOry hut some Of
them appear To have minated their Willingness
10 ohscrvra benevolent neutrality rs long ~
huSsia tulnls her assurancrto pursue no selfish
ends. 70 leave the territorial arrangements of
the Balkan peninsula unchanged and the bal
ance OF power in Europe unimpaired."
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17

"a
Last night decision in favor of the
HAYES electors from Louisiana was given
in the Electoral Commission, by vote of
8 to 7-Justcc BRADLEY being with the
majority, and the division being upon the
regular party lines.
ordered that the eUiience be not rsceiUed
This was the order adoptcd-s TO Tin the
afternoon, on the motion of HoAR of Massa-
chusctts and it practically carried with it
tho decision which was given at the even
Ing session. II excluded all the evidence
offered in support OF any and every objec-
electors. Upon the introduction Of HoARs
order, ABBOTT Of Massachusetts, offered
number of substitutes for it, one
after the other, covering the various objcc-
tions; but they were each and all rejected
3 to las soon as offered. The first ia
vored the reception of evidence to show the
unconstitutionality Of the Returning Board
and its acts; the second, to show it was not
legally constituted; the third, to show
its alleged frauds; the fourth, to show
II had not jurisdiction to canvass the votes
for electors; the fifth, to show that it acted
upon false, fabricated, and forged afl-
davits in the rejection Of over 10000
votes; and the sixth, to show that II
was guilty Of false pretences in the
compilation and canvass Of the votes.
When all of Mr. ApBorr's substitutes had
been rejected, Senator BAYARD offered n
resolution to take evidence regarding the
ineligibiity Of certain HAYES electors;
and finally Mr.. Justice FIELD offered
general resolution in favor OF admitting
evidence upon the several matters which
the Democratic directors had offered to
prove; but these also were rcjected-s to
land then the HoAR order against all
evidence was passed.
The report Of the Electoral Commission
will to-day be sent in to the joint convention
OF both Houses Of Congress.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17

idle and useless people in the country, with
one or two honorable exceptions, than the
army and navy stan officers who lead the
german to the music Of SEcoR ROBEsoN's
Marine Band, at the national capital. They
toll not rcthcr do they SPIN but they live
comfortably, and SOLOMON in all his glory
was not arraycd like one Of these. They
constitute u very important and snowy class
Of Washington fashionable society, and ere
thus able to bring to bear on Congressman
influences which arc hostile to the general
good and to the real efficiency OF both SER
vices. Meantime, the army and navy officers
who actually do the work of their profess
sion are at sea or on the plains, enduring
hardships and cncountcring danger Yet the
carpet knights arc the ones who win the vie
tories at Washington. We hope Mr.. WHIT
THoRNE IN thinking Of the Improvement of
the navy, will pay no heed to these butter
flies OF the drawing rooms of the capital.
Mr.. Wnr1THoRSE said some very true
things about our navy. He put ii, as to its
standard, behind tho navcs Of even Brazil
and Turkey; and IL certainly Is behind them
in obtaining the results OF money laid out.
Since 1864, over ono hundred and twenty-five
millions has been expended by the Bureau
of Construction and Repairs OF the Navy
Department. The whole Of this great sum
might rs well have been thrown into the
sea. The navy has not been improved In
consequence of its disbursement and a.
compared with any other navy VI n respect
able power ours Is contcmptiblc We ought
to be especially strong, II. in anything, in n
defensive navy; but really we are disgrace
fully weak. We practically have no de-
fcnsive navy ailoat. The thickcst armor we
have IL ten inches, perforahlc by the nine
and tcn-inch rifles commonIh other navics.
while against guns Of larger calibrcs 1t is
no more protection than pastcboard.
1t is absurd for the United States to at
tempt to create n great navy. We have no
need of one, and it is doubtful whether any
nation outside Of England, perhaps, is justi-
fled in expanding money with tho view Of
maintaining seeming naval strength such
as that which half century ago might have
been OF some Importance The twelve and
half millions which Congress proposes to
appropriate for the navy might really be
reduced by onc-haf. Indeed, the appropria-
ton might be left out altogether, and no one
would suffer.
The trouble with Mr. WHITrHoRNE Is that
he is not radical enough in his propositions.
and he seems To be too much affected by the
cpauletted young gentlemen of Washington
fashionable society.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
A Way Out for Simon.

Tho issue between the venerable SIMON
CAMERON, United States senator from Penn
sylvania, and the Widow OLIVER, lately con-
nectcd with the administration of the ma
tiOnal finances, is one which might properly
be- referred to "a tribunal for settlement by
the new North American method. II carried
into the ordinary courts Of law the dispute,
from the nature Of the case would be apt to
resolve itself into an unpleasant question
OF vcracity. 1t is not probable that there
Were witnesses to the alleged manifestations
Of tenderness Oh the part of SIMON. The
amOrOuS yet respectful glanccs, the play of
loyo-light in the Dyes the stolen pressures
of the hand, the whispered assurances of
honorable intentions -all these points are in
the highest degree relevant, and yet exceed
ingly difficult either of legal substantiation
or Of legal disproof. The trial. We say
would turn upon the comparative CREDIBLE
ity Of SIMON and the Widow. Since one or
the other must necessarily be lying IL is de-
sirable for the credit of the Senate and of
the Treasury Department that this issue be
avoided.
Now, suppose that n commission Of fifteen
be constituted seven to be chosen by SIMON,
seven by the Widow, and the odd man by tine
side which plays the sharper game. Sup
pose, for instance, that SIMON puts forward
MORTON, as an expert likely to stand by him
in such an emergency, and fills his quota
with Senator's and Representatives and
Pennsylvania legislators OF whose PARTISAN
ship he feels sure. Suppose that the Widow
trusts her cause to senator CHRIsTIANCY,
whose Indignation at the alleged misconduct
of CAMERON knows no bounds, and to six
other statesmen naturally inclined to SYM
pathize with the Treasury Department in
disputes Of the kind. Suppose that after
much plotting on one side and counter
plotting on the other, the Commission is
completed by the choice of Justice JOE
BRADLEY as the fifteenth man, and that his
unrivalled acumen and undisputcd impair
TALLY are brought to bear upon tine qucs-
ton.
The tribunal meets and with much So
lcmnity announces its readiness to hear
both sides. The Widow. shedding many
tears, tells her story and astonishes every
body by submitting letters in SIMON's own
handwriting, containing explicit offers of
matrlmOny. MORTON, struggling to his feet
moves that these be not admitted rs evil
dcnce. The Senator, he argues, is ~ plainly
not Il married man, and this undlsputcd
fact IS prima facie proof that he never in
tended to be married. e. the Senator IS, on
his own declaration, not II fool and nobody
but II fool would think Of marrying at his
time of liio-prlma iacic evidence again that
the Widow is Il fraud The Commission. by
vote of eight to seven, Justice JOE BRAD
LEY throwing the decisive vote, holds that
it cannot go back of SIMON CAMERON's
present status as an unmarried man. and on
this basis gives judgment against the
Widow, without 50 much as having read the
letters.
Would not such decision, by such a tri-
/ bunal, lie accepted a. conclusive ny every
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
LIFE INSURANCE. CROOKEDNEss.
Continuing the Invcstigation into the Mismar
agerent OF the Continental

Mr.. +. Barnett, the agent in charge Of the
Boston branch New Englang agency Of the
Continental Life Insurance Company-tcstllcd
before the referee vest 'rday that there is moth
ing due by his agency How Is thsp" the
lawyer asked. "On the ledger n debit appears
against your agency Of $l5s,GG3.7O" II not
only deny that any such amount is owed by my
agency, but affirm that until within the last
week no such charge has been made by the
homo Office. Further. I say that no such
amount has ever appeared on the books of my
ancncy, nor have ever received any correspond
cnce In reference thereto. After John J. An
dcrson was appointed receiver / had instruc-
tons from him regarding the settling Of pend
ing suits. The s37 ,039.5G remaining on hand at
the time Of his appointment was held under
contract. do not owe this company one cent y
Mr.. q. W. Thomas the bookeeper; testified
that the charge referred To against the Boston
agency should have been made long ago. - II
was not. however, he continued. IA charge
against the agency, but represented advances
as guarantees to agents perhaps never to Toe re-
turned. When the receiver was appointed
there was about 81 100000 Of such advances 10
agents outstanding. Beyond about sl5O,0OO
these advances had no claim as assets and were
not counted ~ such IN the annual reports
. How IL IL that you have. out of Il little over
ferrcd premiums Of s6o6 al 81 in Your esscisy
Tho witness hesitatcd at first, but finally said:
presume II was TO swell the assets
VI. II. PARROT. the claim agent testified that il
came TO his knowledge in 1875 that Mr.. l.. w.
Frost was one Of the directors of the New Jersey
Mutual
Mr. John J. Anderson acknowledged that he
was a stakeholder in the Hope at the time of the
transfer Of its assets To the New Jersey Mutual.
Mr. l.. V. Styles. cashier OF the Continental
Life said that W. X. Blake's contract for pur-
chasing policies of the company from policy
holders at n reduced value was twenty per cent.
OF the reserve. lie indirectly acknowledged
that there war n dyvy" with the officers of the
company by saying that " no one could tell what
tuf All lit l.aI at Ar IA IW inL
Mr. Thomas said that the books showed that
Blake had received $4,000
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
AUCTIONEER sCHENCk's CHOIR.
How n Church Music Committee Rather More
Thnn flowed Out the soprnno.

Auctionecr Edward Schcnck's suit against
the Church OF the Incarnation was concluded
yesterday. before Judge Curtis. Mr.. Schenck
contracted TO supply for the music committee of
the Church of the Incarnation choir of four
and an organist for $4,000 n year and he en-
ployed a choir; but the music committee COM
planned of the singing Of the soprano. Miss Nc
Gcachy and Of his tSchcnek's 81 leadership, and
at length they forcibly excluded her from the
choir. and after the dispute had been continued
for some time the music committee discharged
the choir, and then rcangagcd them with the
exception of the soprano.
Mr.. Schcnck sued to recover $1,000. He testi
Ned that there had been about forty chOirs in
the ,hurch. there being u change at least once a
year. The music committee he continued,
" don't know anything about music
Max Marctzek testified TO Miss McGeachy's
competency ~ u soprano.
Mr.. George W. Smith. commission merchant
Of IL South street II member OF the music com
mittcc. testified that when the choir first sung in
the churcn ON the lst of May. 1915. he was much
dss'sied Eith ,ae Inc 9 ,he s WAS ar inc
poor. She did not sing in time, nor attnck the
music promptly Instead of leading she Jagged
Mr. S''henck's manner was objectionable;
Rqcf ana fort d,n and made gestures with
Mr. Parsons. the counsel Tor the church. drew
n vivid picture OF Mr.. S,,henck pacing up and
the dress of the alto and whispering. softer
and t%Itch,ng !he cloak OF the soprano and say,
wen known IA an audioneer; he has made many
successful sales, hut none SO successful ass when
he succeeded in selling the Church OF the Incar-
nation"
Judge Fithian. said for the plaintiff that as Mr..
Schenck had taken the contract To supply tn"
go into the organ loft and superintend it. AZ the
man who contracted Ia build the church had to
superintend the work ON that
morning.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17

decd, that he is afraid to indulge his satis fac
ton lest he be accused of sclf-co and van
ity. He asks:
How s IL possible That should get any satisfaction
from study OF ourselves when We are forbidden TO think
well Of ours lvcsY II study Of sell aud comparison Ut
self with others should load him To good opinion Ut
his moral state would be srt down as subject very
much in Mood ut chan.c ~ heart whereby he shuldlc
convinced that hr is the chief nf sinners II II should
lead HIN tn good opinion Of hi intellectual acquire
mrn, aud talents he would be- convicted of self cuncct
aud vanity Therefore amy satisfaction from the study
OF the moral or mental part oi himself forbidden
Why should not Deacon RICHARD SMITH think
well Of himscli2 Why should not the contcm-
paton of his progress in true goodness give
him the same satisfaction which II gives to the
rest Of the world. his wicked partners only cx-
ccptcd Who will accuse Deacon RICHARD
SMITH Of sclf-conecit or vantyp Who will
grudgc him the satisfaction which he can de-
rive from the study OF his moral and mental
parts and which his physical parts fail to af
fprI
The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-17
Afraid that Deacon Richard smith May
Leave Ohio.

\ feeling Of dcsolation opprcsscs ~, in
view of the announcement that Deacon Richard
Smnh Is negotiating for the purchase ui the
the report 1t must be- that the wicked lnrinvrs
are n lnr bottom of this fort to drive the Truly
Good Man ont OF the state, Just rs the pcopl, of
ONO were about 10 mako HIM Governor. There
= ln7l one consolation, brethren. Oar loss will
he CAicueO's eternal gain