Indiana State Sentinel, Volume 28, Number 5, Indianapolis, Marion County, 29 January 1879 — Page 4

THE INDIANA STATE SENTINEL, WEDNESDAY MORNING, JANTJAHY 29, 1879

4

WEDNESDAY, JANUARY 29. TKKKS (P08IAUE iAII): INVARIABLY CASH' IN ADVANCE. DAILY: Without With Sunday Issue. Sunday Issue. 1 Oopy one year ui.i 12-00 1 Copy six months. ... 6.t .00 1 Copy three montna.... !L60 8 00 I Oopv one ruontn... S 1.00 1 Copy per week by carrier 3a M Additions to clubs received at any time at lab rates. WEEKLY: oimjle Oopy one year 8 1.00 -lubs of five one year-........ 5.00 clubs of ten one year, (and an extra oopy to the getter up of the clab) --. 10.00 Clubs of twenty-two, one year 20.00 Agents wanted at every post office lu the Btat. Bend for outfit. . Row to Bead Monty. Remittances may be made by draft, moneyorder, or registered letter, at our risk. Give Postoffifee address in full, lrrainding Btate and County, and address ISM4HAPOUS SEKTISEX. CO. CUTEREST LEGISLATION. Several of the governors of Western States have-reeommended in theirannual messages the passage of laws . reducing the legal rate of interest, 8 per cent, being the maximum and 6 per cent being the minimum rates recommended. The question of interest is ndergoiog very general discussion, the conclusion being that free trade in money is the correct theory Awhile others maintain that the

law should determine the rate of interest which lenders shall exact and borrowers pay. Free trade in money, that is to say, that the law should fix no rate where the parties are competent to contract, is in conflict with the policy upon the subject from the foundation ef the Government, and yet we conclude that the theory m gaining adherents very year. It may be difficult to determine what the rate of interest should be, 'but, since the Govrnment controls the volume of money, the theory of supply and demand is no longer applicable in determining its value since the -demand, should it exceed the supply, will necessarily advance values, leaving borrowers without any remedy whatever.' With this view of the case, it will readily occur to those who seek a prudent adjustment of conflicting interests that the law may prndently determine the maximum rate of interest to be paid and enforce the law toy penalties calculated to restrain those who would violate it If, as it is admitted, that values of property generally have declined - fully 50 per cent., and dividends from investments in legitimate business enterprises have proportionately declined, then we see no reason why the value ot money should not be regulated by such standards. The New Yorx Times -takes occasion to tell the governors of the states who have recommended a low rate of interest that legal restraints will prove Inoperative, and that Western farmers will be compelled to pay high rates of interest or go without money. In the course of its argument it reiterates -facts which the Sentinel has fre quently laid before its readers, that investments in government bonds at a low rate of interest is indicative of business prostration, and has no encouraging significance whatever, and that it will not do to assume that business men are able to obtain money at low rates because the Government is fortunate in that regard. "It will be found," says the Times, "that the accumulation of idle capital denotes a disordered condition of 'credit which renders the lending of money 'almost impossible. There are no great enterprises to absorb capital; corporate loans 'are not beard of; business has not regained 'activity.; and when borrowers do appear 'ordinary evidences of credit are unavailable. 'The banks, being choked with money, lend "it et call, on securities that are immediately convertible. The proceeds of bonds 'called in for redemption, and much other 'capital, find tbeir way into four per cent, 'bonds." Hero we have the statement that in business circles there is no -confidence, and that money is seeking investment in no enterpnsesealculated to revive theprosperity .of the country. Money is concentrating at the center of business, and is loaned on call when convertible collaterals are offered for security. In this condition of things, the West being the debtor section, will be compelled to pay high rates of interest, since terms are not such securities as capitalists desire to deal in. Such arguments, instead of being calculated to divert Western Legislatures from trying to modify the injustice of xhorbitant rates, will be likely to stimulate them in finding some remedy for the cruel effects of extortion. THE CONSTITUTIONAL AMENDMENTS AGAIN. In our issue of January 17, we took occasion to point out some of the most objectionable features of the proposed amendments to the constitution now pending in the House. We thins: that we have clearly shown that the machinery necessary to carry out the proposed amendments will immeaaureably swell the peoples' taxes without any compensating return; indeed, some of thess amendments, if adopted, could only be attended with evil. We allude particularly to the proposed change in the judicial elections and registry of voters. It is a mistake to assume that political strife will or can be lessened by separate election for judicial officers, and a further and equally pertinent objection is that our elections are too frequent as the law now stands. It is notorious that the strongest advocates of the registry law in the larger cities are those who are the most familiar with the manner of perpetrating frauds upon the ballot, and it is safe to say that in those cities tinder the registration law.Jmany thousands, of names whose owners are mouldering in the grave are personated at the polls by illegal voters. We suppose it will be impossible to frame an election law that will stake fraud absolutely impossible, but the less machinery and complicity there is about the law, the greater the security against fraud. The qualificatiaos for legal franchise are easily defined, and the penalty for illegal votingifiould be rigid, and the punishment sure. Instead of the expensive and vexatious machinery c'f registry, we think; the surest mode of purifying the ballot and keeping it pure, will be to amend the law so as to do

all our general . elections on the same day, thus saving to the tax -payers the expense of one extra election every four years; and, to make importation impossible', increase the number of voting precincts. Where a voting precinct or ward is small every legal voter therein will be well known, and it will be impossible for nonresidents or otherwise disqualified voters' to cast their ballots. The extra expense incurred by thas increasing the number of votiog places will be but a drop in the ocean compared to the expense and inconvenience of the registry. In large voting precincts where there are say 500 to 1,000 voters, it is impossible to prevent illegal voting to greater or less degree, but when the number of voters at one poll shall not exceed two or three hundred (the less the better) partisan watchfulness, if nothing else, will prevent the illegal ballot. In changing or amending our election laws ' there are two great ends - to . accomplish. The first and most important is a fair and honest deposit of the ballot, and an honest count thereof; and, second, economy. It is in behalf of these two great objects we plead. We think we have briefly pointed out the surest and most direct road to their accomplishment. The Democracy have nothing to fear from an honest count of the honest vote

of the State, and we hope to see a Democratic Legislature furnish the means to accomplish this with certainty and economy. CUPPINGS. Do you really, truly, love me, More than any girl you know? Well, then, hug me just a little, If you must before you go. .Fold your arms around me tighter. Have you never hugged before? Draw me nearer, draw me closer; Can't you hug me any more? . Elmlra Gazette. Why do some men drink every time they meet? Puck. A fxmale elephant is known by the size of ber trunk. Eoston Post. - To right himself a man must be able to read. New Orleans Picayune. Let's see; wasn't Othello A-tawny General of Venice? Biddeford Miniature. There are no hotels in Cyprus, and consequently no diamond pins. Utlca Observer. "May the best man win" the pretty brides maid, nnless she's already engaged. New York Sews. It is estimated that a million dollars worth of 8s have been . scratched out since the new year began. Menasha. Press. Buckwheat cakes are never fed prisoners. The thoughtful mind will at once see the wis dom of this. Lock io rt Union. A hajuless calf is on exhibition in Iowa. This is the first intimation we have had that 11 Perkins is bald-headed. Chicago Times. The latest brand of cigars Is called "Robin son Crusoe," because they were made to be smoked only on a desert island. Hackensack Republican. Miss Hcgaboom, of Bradford, Pa., was snow bound; and served her right, if she couldn't find anything better to hng than that. Buf falo Express. We no longer question the propriety of con sidering vessels in the feminine gender. Tlaey run each other down almost every day In the English Channel. A lady's elegant dress is like summer, sav ory mainly, because it is soup herb. Some Sentinel. Sometimes it is like the farmer's summer song gros grain. Syracuse Times. A medical Journal discusses the the power of the hand. Everything depends upon It, everything. If a man has a weak hand he might as well but this too easy. Oil City Derrick. The Living Issue asks anxiously, "Will you elect a drunkard president?" Yes, course; go ahead, send your name right lu to the convention, and we'll whoop you through. Burling ton Hawkeye. A lady in this city told her little son, who was teasing her for something to eat, to wait until breakfast. With a tear in his eye, he burst out : "Mamma, I jest honestly sometimes thlnit. you're a stepmother!" McGregor (la.) News , The car drivers of Brussels have adopted little girl, the daughter of a deceased member of the fraternity, and we would not be a bit surprised it some mean local paragrapher should allude to her as a "genuine Brussels car-pet." La Salle Advance. "Gentlemen of the jury ."said an Irish barrister, "it will be for you to say whether this defendant shall be allowed to come into court with unblushing footsteps, with the cloak of hypocrisy in his mouth, and draw three bullocks out of my client's pocket with impu rity." A trance medium reports having had a vision of the future world. He didn't see any winged angels or liear any harps playing, but there were lots of sharp featured young ladies working out algebraic problems on black boards, and he concludes that his vision must have been confined 1o the Massachusetts de partment. Andrews' Bazar. A lady taking tea at a small company.being very fond of hot rolls, was asked to have an other. "Really, 1 can not," she modestly re plied ; "I don't know how many I have eaten already." "I do," unexpectedly cried a Juve nlle upstart, whose mother had allowed him a seat at the table, "You've eaten eight; I've been countln'!" Boston Transcript. Can anybody tell us why a livery horse, that you can't possibly get off a walk when his head is turned away from the stable, will kick the dash-board into kindling wood in his frantic efforts to get home, just as soon as his nose is pointed in that direction? Livery horses must be reformed, or the fellows must be furnished with three hands in the future. Elmira Gazette. STATE INTELLIGENCE. Scarlet fever is raging in Mitchell. A grand fox drive was had at Colfax on Saturday. The Knox County Reporter has given up the ghost Booneville is to have a building and loan associaton. Eggs are selling at 35 cents per dozen at Bloomfield. ' - There are 45 physicians and 13 drug stores in Wells county. Two hundred couples were married in Greene county last year. i There are six hundred and three convicts in the Northern Prison. The Mt Vernon Democrat has been purchased by S. J. Williams. . Wadesville, Posey county, added a colored barber to its population last week. They have a sow down in Pike county that has eaten up 200 geese within the last year. James B. Angell, LL. D., president of the university of Michigan, will deliver before I the Indiana State university a course of six

c,mv8 v4 iieraaUwi 4w, as ui ultra tea

by American history, commencing Monday, February !0. ' The young men of Worthington, with but few exceptions, have donned the red ribbon. Good boys. A locomotive and 20 cars are en route to Ilockport from Boston. , They will be put on

the track upon arrival. Warren Smith, a young man living three miles west of Deputy, was killed on Friday morning by being kicked by a horse. Mont. John,' the aktown robber, is in jail at Bloomfield, Greene county, under three indictments for burglary, in default of $1,800 bail. Lafayette boasts of a citizen of Irish birth who is 110 years old. His name is Robison, and he vas born in County Monahan, Ire land, in iib'J. Dr. Dixon, whose - name was connected with a scandal at New Albany, and who at tempted suicide at Memphis, has settled down at Evansville. Bloomfield Democrat: Seventy-five peo ple, as well as about SO head ot cattle and hogs, are at the depot every day to see the narrow gauge trains come in. Vanderburg county is delinquent to the State $22,000 tor arms, furnished during the war. Posey county is still worse off, being liable on the same account for $4a,000. Fort Wayne Sentinel : The most valuable prize in the Masonic drawing a lot on South Calhoun street, in Hamilton's second addition was drawn by a pool in Van Wert, O. Edmund B. Gainey had a draft for $700 taken from him on Saturday at Bedford. He had just received it from an insurance agent tor the loss of his dwelling by hre a few days before. Eugene Manford, of Shelby township, Jef ferson county, was chopping a tree down Friday, when a limb fell on his head killing him instantly. He leaves a wife and family ot small children. Oliver Perry, charged with the murder of Eva Peters on the lGth of March, 1874, on trial at Terre Haute, has been dismissed, the chief witness. Iavy. confessine to ueriurv oeiore the grand j ury. Mr. J. K. Allison, of Spencer, was severely injured on Thursday by the bursting of patent food boiler. He was badly scalded about the mouth and one side of the face He was thrown several feet, and in falling Btruck a stone step. An important divorce case, in which Mr, George McCune, a wealthy farmer of Shelby county, figured as defendant, was decided Saturday in the circuit court. His wife was granted absolute divorce and $500 alimony, besides her lawyers' fees and costs. Thomas Mulikin, a wealthy citizen of Bloomington, sued for a divorce from his wife, Martha. She filed a ' cross-bill, offered evidence enough to gain her suit, then with drew it, and the jury decided the case of Thomas that he had no cause for divorce. An economical citizen of Gibson county offers to donate the citizens of sanctified Princeton five tons of hay if they will not allow their cows to run at large and eat the hay and straw from the wagons of farmers ho visit that place to buy their merchan dise. Paul Sweet, clerk of the Howard Hotel a Liberty, was caught Friday evening in the act of stealing from the pocket of H. C ilorn, one ot the boarders at said hotel This is the third time money has been miss ing. He delivered all the money he had and escaped. A national archery association was organ ized at Crawtordsville on Saturday. Maurice Thompson was elected president: E. Ii. Smith, of Chicago, vice president, and E. A. Conner, of Rochester, X. Y., secretary. It was decided to hold a grand tournament at Chicago next summer. At Terre Haute, Saturday, Jennie Manuel and Minnie Price were arrested on the charge of having caused the death by pots oning of Ishmael Manuel, husband of Jen nie. The dead man was a negro, and Jennie is also a mulatto. It is said she administered morphine in a cup of coffee. Ed. Payne, ot the Rushville Bank, offered Henry Dixon $2 60 to take the proceeds of a $1,000 check in silver. Dixon took the silver 00 lbsin a strong sack, expressed it to Cincinnati, whither he was going, for one dollar, and thereby made $1 50 and the sack that contained the silver as net profits. On Wednesday the body of Rose Miller was buried in the Catholic cemetery at Fort Wayne. Her funeral was in progress nine days ago at 8t Paul's Church, when it was suspended on account of signs of life. The body was taken to the hospital, where It remained until Wednesday, when it was evident that death had taken place. It is believed that there was lite in the body until a few hours ago. Relatives refused to allow a post mortem examination by the physicians. One evening last week as Mrs. Lucy Masters, of Pike County, was riding on horseback to a neighbor's, two men stopped her horse, and while one of them kept a revolver presented, ordering her not to make a noise, the other pulled ber from the saddle and robbed her of her pocket book containing $08. SO and two notes, one for $-"0 nd the other for $20. After threatening to shoot her if she made any noise or started to leave the place, they both mounted her horse and rode off. Rev. Mr. Williams, the widows' friend, as be is widely known In police circles, and one of the most notorious of sleek, confidence frauds, was on Thursday released from jail at Terre Haute, where he has been confined for .bout two months. He is known to be guilty of very many confidence gam as, his particular victims being widows in all parU of the country, but escapes ail punishment, there being no law in Indiana under which be can be indicted, and bis widow victims all dislice to appear against him, fearing publicity. Brookville came near experiencing a liot on Saturday afternoon. Marshal Seals arrested Eli Lacy for disorderly conduct, when some ot his friends attempted to rescue him, and the consequence was several of them were clubbed by the officers. Dick Stoops, W. Holliday and Whit Robinson were caged for interfering with the officers. Alex. Posey was arrested for the same offense, broke loose from the marshal and escaped, but while running was shot at by the officer. Much excitement prevailed during the melee, aud the streets swarmed with people, the law abiding vnes justifying the marshal in his acts. Frank Bittings has brought suit against George T. TenEyck, an ex-justice of Lafayette, for $20,000 damages. Bittings was a tenant of TenEyck. A receipt for $140 was passed between them, and the figures it is alleged, were raised to $1,400. He was sent to the Penitentiary, but the Supreme Court reversed the sentence of the lower court, and he was discharged, and thereupon was indicted for perjury, but was not convicted. He now brings action to recover tor malicious prosecution. The case came up on Wednesday in the Circuit Court, Judge Thomas, of Crawfordsville, presiding. It attracts niuca atteattvu

LUCKY LOUIS.

The Supreme Court Reverses the Decision in the Guetig Case. oil Test of the Opinion Giving the Boy a New Trial. Publio Peeling Over the Eesult Forcible . Expressions of Dissatisfaction. The Decision in Merrick's Oase to be Made This Morning. The Effors to Obtain a Commutation Achey Toe Condition of the Condemned. for At about 10 o'clock a. m. yesterday the unanimous opinion of the five judges of the supreme court ot Indiana in Guetlg's case was filed with the clerk of that court. A number ot friends of the. condemned, and many idlers were there, awaitiDg the decis Ion with breathless anxiety. The moment after the document came into the clerk's bands its contents became known. The rul ing of the court below bad been reversed, and Louis Guetig was to have a new trial. The news spread like a prairie fire over the city, and by the time the News was upon the street in the afternoon, with the decision in full,ninety-ninchundredthsof the down ton people knew of the result, and the subject was the theme of conversation everywhere. The moment Guetlg's attorneys, who were there, knew the contents of the opinion, they hunied to the jail.to notify their client Ex. ultant themselves, they fancied Guetig would be pleased with the news they brought. He was called into the cage when the following conversation, in substance, en sued: Well, Louis, the supreme court has grant ed you a new trial, and you will hot die vet to which he replied: "I don't care a cuss; I may as well be hung Wednesday as any other dav." The reply was delivered in a nonchalant, devil-may-care style, indicating supreme in difference as to what became of him here or hereafter. The reply somewhat dampened the ardor oi tne sanguine young attorneys. the orisiox. The following is the full text of the opin ion of the court: 7 623. Louis P. Gueti? vs. the State. From the Marion criminal circuit court, Cause reverted. Opinion by Biddle, J. The appellant was indicted for murder in the first d-gree, alleged to have been com milted in killing Mary McGlew, purposely and with premeditated malice. Upon a plea of not guilty, and a trial by jury, he was convicted and sentenced to suffer the peaal ty of death. Numerous exceptions were reserved in the record, but such questions as have been discussed before us arose nnder motion for a new trial. The evidence, which is all before us, in trod need at the trial, tends to prove that the appellant was subject to attacks of epilepsy. There was also evidence intro duced in the case, by the testimony of experts, tending to show that epilepsy is disease which tends to produce insanity indeed, the insanity of the appellant, at the time he committed the deed alleged against him, was the main defense at the bar. In reference to the defense of insanity the court, oyer the objections and exceptions of the appellant, instructed the iury as follows '-25. When the defense of insanity is in terposed to a prosecution of murder, the jury should carefully and intellectually ecrutin ize and consider the evidence by which it is sought to be established. If the jury find from the evidence that there is a reasonable doubt whether the defendant has btn sub ject to attacks of epilepsy, and if this fact (i ho found) has been supplemented by the testimony ot expert wit ness's establishing to the satisfaction of the jury, (evidence raising a reasona ble doubt being sufficient) that epilepsy is a disease which tends to produce insanity, this evidence would not be sufficient to raise reasonable doubt of his sanity at the time of the alleged commission of the homicide. There must be sufficient evidence to raise reasonable doubt of actual insanity at the time of the alleged commission of the offence." It is contended on behalf of the appellant that this instruction is erroneous, because of its uncertainty and tendency to confuse and mislead the jury, and because it directly in structs the jury as to the weight of the evidence, and thus assumes to decide a ques tion of fact which is beyond the province of the court's power or duty. The State contends that the instruction is not erroneous, but within the authority of the cases ot Sawyer vs. the State. 35 Ind., 80, and Bradley vs. the State, 31 Ind., 402: and although the Instruction, standing by itself. might be erroneous, yet, that all ihe instructions given by the court, taken together, present the law correctly, and, therefore, the instruction can not be held as sufficient to reverse the judgment In the case of Sawyer vs. the State, Sawyer wes indicted for the murder of his wife. At the trial the appellant offered to prove "that the deceased, Lizzie Sawyer, bad for a long time previous been having aduitemus intercourse with a man by the name of Bibbs and others, of which adulterous conduct the defendant had for a longtime been cognizant" The evidence, on objection made by the State was rejected, and the defendant excepted. In this case the court, after holding tne evidence incompetent to prove a justification, excuse, or even palliation ot the offense, remarked: "It is claimed, however, that tie evidence Bhonld have been permitted to go to the jury on the ground that it tended to establish the insanity of the accused. But the evidence offered was incompetent for that purpose." There are some important distinctions between this case and the one before us. It is clear that the fact that Sawyer's wife had been committing adultery with Bibbs and other men, and that Sawyer knew the fact would not tend to produce the disease of insanity in Siwyer. It might very much enrage or distract him temporarily, but would not tend to produce insanity as a disease. This is a vary different statement from the facts supposed in the instruction we are considering namely, that -Guetig had attacks ot epilepsy and that epilepsy tended to prove insanity. Besides in the Siwyer casa the question was one of admissibility of evidence, which is solely for the court to decide. The question in the present case ii odo upon the insufficiency of the evidence to prove a given fact, which is solely for the jury to decide. The case of Bradley vs. the State is cited and quoted from with approval of the case of Sawyer vs. the State, and is not in coo flict with it in any respect Neither ot these cases supports the views of the State as urged in the case nnder consideration. The instruction complained of, compactly stated, means that: If the appellant has been subject to attacks of epilepsy, and epilepsy is a disease which tends to produce insanity, these facts are not sufficient to raise a reasonable doubt of his sanity at the time of the alleged commission of the homicide. It is Ate wmu iu Urn iMAtejaeat oi sua Ubm U tint

attacks of the epilepsy in relation to

the time of the commission of the offense. For aught that the instruction says in words, it might be understood to mean that if the appellant had attacks of epilepsy on the day the deed was done (a fact indeed which the evidence tends to prove), or an hour before, or even at the tim, it still would -not be sufficient to raise a reasonable doubt as to his sanity at the time the deed was committed. Such a view would be plainly erro neous. The instruction is also erroneous, because it directly states that certain evidence which is legitimately before the jury is not sufficient to prove a certain fact or raise a reasonable doubt of a certain fact What evidence proves or tends to after it bas gone to the jury is a question solely for the jury to decide, and it is error, for the court to interfere with this decision upon the weight of evidence by an instruction. Nor do we concur with the views of the State that the instruction, if ob jectionable, could be corrected by other instructions which are not objectionable. We do not find any other instruction given in the case upon the question of epilepsy as tending to produce thai disease of insanity: and we have frequently decided that an er roneous instruction can not be corrected by an instruction which is not erroneous, unless the erroneous instruction be withdrawn. The following authorities support our views: (22 ind., 217; 20 Ind.. 3o; 41 Ind., 4CG; 45 Ind, 175; 43 Ind. 103; 4'J Ind, 5-V5; 50 Ind. 61 iDd. 201: 53 Ind. 420: 54 Ind. 417: a. Ind, 179: Jd. 203. id. 215; id. 584: id. 6SS; 6 id, 355 ; 5!) Ind, 105; sec 19. art. 1. con stitution, IRS. 1S7G. p. 23. Other questions are presented in the case. but as they will be opened by a new trial. and are not likely to arise again, we do not examino them. The judgment is reversed, the cause re manded, with instructions to sustain the motion for a new trial, and for further pro ceedings. the rciiLic pclsi:. Is safe to sav that the cublic when this decision became generally known, was indignant. Every man we met on the street, or in office, had something to say about it, and be wouldn't generally stop to choose his language either. Of all the men the writer talked with yesterday afternoon, and np to midnight, not one was found who upheld the decision ot the supreme court in reversing the case upon a slender technicality. One lwjer remarked that he bad expected a reversal. Any lawyer," said he. "can. if he chooses. eject enough error into the record of a case to carry it to the Supreme court" While making bis rounds a Sentinel reporter made it a point to charge his memory with what he beard upon the subject, and here reproduces, in substance, some of the most pointed remarks made to him, or to others in his presence. "Wbats the use in having a criminal court at all?" "If Guetig escapes, the other two oueht to be released." 'Merrick has better reasons for a new trial than Guetig, and will probubly get one. Then let the governor commute Acbey's sentence ana to nnish the business. "Two hundred murders committed In Marion county and not a banging yet!" "Hanging in Marion county is played out" "A mob ought to break into jail Wednes day and hang Uuetig with the others." "If Merrick gets a new trial, too, and they attempt to hang Achey on Wednesday. Pressley bad better get the other two out of the county." "There will be no hanging Wednesday. Guetig has a new trial; the supreme court will do the same by Merrick, and Williams will commute Acbey's sentence." (This rrora a score or more ) "It will be. well for the supreme court judges to be out ot town Wednesday." "A mob ought to take the supreme court judges out and haDg them to lamp posts. "It is just as I expected. Hinging is piayea out m aianon county." if fat Mcuiew bad any sand' he d see that Guetig bangs." "What safety is there in times like these?" "There is liable to be a hanging here Wednesday, legal or otherwise." "Abolisn the courts. Introduce Judge Lyncn, anu De aoDe witn this tooling. "Didn't 1 tell you so?" "What's the use in trying Bolan and Tate?" "There is money in it somewhere." "Guetig shot that defenseless girl down without mercy, and then gloried over his deed. Why should mercy be shown him?" "Guetig's was the most hellish crime of the three, and yet they won't haDg him." ACHEY 8 CASE. "If there is no hanging here Wednesday, there will be trouble." AH these and countless other remarks were made, emphasised frequently with oaths. They show loo plainly the fevered condition of the public pulse. Indignation runs bigb. and the fever will not abate should the supreme court decide to give Merrick a new trial. Tho reversal of Guetig's case increases the sympathy for Achey, since his crime is acknowledged to be less hideous than that of Guetig or "Merrick, and yet he gets no new trial. He must hang. So argue hisfriends and sympathizers. This morning a deputation, to beheaded, it is raid, by a number of prominent citizens, will go in a body to intercede with Governor Williams in Acbey's behalf, and ask for a commutation of his sentence to life imprisonment. All persons having in their possession pass books containing names of signers to Acbey's petition are urgently requested to bring them to Washington Hall by i) o'clock this morning. It was tumored yesterday that Achey had committed suicide in bis cell, but there is nothing in it, or if there is the jail authorities know nothing of it Acbeyis less leable to destroy himself than either of the others, and neither of them will attempt anything of the kind. Yesterday it was intended to remove Acbey's cell mate. Baker, to tbe penitentiary, but on Achey's request that he be allowed to remain until after Wednesday, the intention was abandoned. .VI9CELLVXKOI S K0TE9. The case was to have been argued orally before the supreme court yesterday forenoon, but by agreement of attorneys the argument was dispensed with. It le understood the decision will be rendered this morning at o'clocs. The folio wins is the form of the invitations Sheriff Pressley has sent out to such as will see tbe execution, if there is any: Sheriff's Office, ) - Indianapolis. Jan. 25, 187'J. J Yon are respectfully Invited to be present at the execution ot John Achey, lul Uuetig and William Merriclc, Wednesday, January KM, 18TW, at 12 o'clock m. John T. Pkksri.kt, Sheriff. eThI ticket is not transferable. Yesterday the sheriff erected the scaffold upon which tbe executionsare to take place. It is a substantial affair, and seems strong enough to answer tbe purpose without accident. The rope witL which Greenley was to have been hung, was tried yesterday, and broke under tbe weight of a 145 pound sand bsg. Sheriff Pressley has telegraphed this fact fact to the manufacturer who made it at Covington, Ky., and expects 'Jm to be here to-morrow to be present at the execution. This gentleman bas attended nearly all the executions in this country for years past, end Mr. Pressley is quite anxious to have him here. All day yesterday a throng hung around the jail witnessing the erection of the gibbet stood there in tbe ram and the wind. At the suggestion of Rev. Dr. Day, prayers were publicly offered for the three .condemned men, Sunday night at the conclusion of services at the South Street Baptist Church. At 10 o'clock last night a bentinel reporter visited the iall andfound everything quiet The jaielrs bad retired, and notwithstanding the talk on the streets, no additional guards bfel beea provided.

A rERILOTJS TRIP.

Adventure on the Mountains How a Night Express Train Ran Away Upon a Steep Grade. The Harrow Erape From Destrarf ion. Pittsburg Telegraph.J Tbe passengers on board one of tbe night express trains between this city and Philadelphia, are probibly unaware to the present day of the imminent penl through which they wassed while crossing the Allegheny mountains, db a recent occasion, for it was only by the prompt action of the engineer that a terrible accident was averted. The long tunnel this side of Galitzen had just been passed, on the night in question, and the train of three baggage, three coach and three sleeping cars was presently travelling . at the usual speed down and around the sloping curves on the other tide cf the Alleghenies. The regulation speed, or that at which engineers are required to travel while going down the mountains, is fixed by the authorities of tbe road at about fifteen miles per Lour, and all conductors are cautioned as to the responsibility they Incnr in going at a higher rate. The engineers, in consequence, are careful to keep tbeir engine well nnder control, and it is not nr. frequent that the uestinehouse airbrake is applied to the train in order that the rules of tne echedule may be properly observed. Tbe latter plan was usually adopted by the eng-aeer concerned in the present adventure: but in this instance he was peculiarly astonished, when be ettempted to restrain the tendency of the train to rush down the steep grade, to find that the brake apparently refused to perform its accustomed duties; a chilling sensation took possession ot him tor an instant when . be further discovered that the speed of tbe train was becoming more rapid each moment Apprehending an unfortunate break In some portion of the apparatus, he yet turned on tbe valve controlling tbe atmospheric check with greater force, but there was no response to bis efforts, in even less time than it takes to relate the fact the train hae assumed a velocity of 30 miles an hour! Ordinary as this speed would be on a level road, it became a matter of the most perilous interest on tbe steep slope of tbe Alleghenies, and as the momentum was becoming greater and greater, owing to the free condition of the swiftly revolving wheels, the- excitement produced can readilv Ka iinlf tnMl. f!nmnnhnilinir fnll the imminent danger of the situation, the engineer, as a final resort, again applied the air-brake, giving the contrivance which, in addition to its great power, is remarkable for its simplicity and tbe almost impossibility of getting out of order, the full benefit ot its most powerful force; but the effort was entirely useless, as in no way did tbe train give evidence of slacking up. An engineer of an excitable temperament at this terrible juncture would no doubt have shut off the steam and reversed his lever, but in this instance the cool, but quick, calculation of the engineer overcame that extremity, which, if resorted to, would have inevitably produced a casualty of startling proportions. Such an effort could have been successfully accomplished bad tbe train been going at a speed of only a few miles per hour; but in this case, the cylinder-heads of the engine would have been blown out before it had traveled ten yards, and the catastrophe would have been thus precipitated. Whiie the engineer, charged as he was with the precious lives of hundreds of unsuspecting passengers, was, for a moment making np his mind as to what plan be should pursue in his perilous emergency, the speed of his train was meanwhile approaching a frightful rapidity. Tbe Horseshoe curve was now but a few miles below tbe swiftly approaching train, and the quickly passing scenery of the mountains, which, on any other occasion, would have been interesting to look upon, assumed phantasmic form, as the brilliant glare from the headlight revealed bow swiftly tbe intervening ground was being covered. It required but a bnet space of time for tbe engineer to form his resolution, and be was quick to put it into effect The fireman, a young man in the service, who was making his first trip on a through train, and who was nearly friehtened out of his wits, was restored to his senses by an authoritative command to man tbe brake on the tender, and as be proceeded to work, the shrill, sharp signal for "Down brakes" resounded on the air, and then the engineer, with his hand touching the whistle cord, awaited the answer. Ten seconds elapsed, and there was no apparent decrease in tbe speed of the flying train. Another violent pull on the cord, and another sharp sound reverberated among the hills, but it was apparently as fruitless of result as the first The conductors and crew of brakemen on board the train, who had been on duty for a period of twelve days, and who had not secured nature's full allowance of sleep, were at tbe present perilous moment taking a benefit and it waa not until the fourth warning signal was made that one of the brakemen wes aroused. In the meantime the faithful engineer had become thoroughly frightened, for the first time dunDg the adventure, and cold beads of perspiration started from bis brow. The terrified fireman, owing to his excitement, bad given up his position at tbe brake, and awaited the shock that seemed unavoidable. Both of them were relieved from their terrible suspiicon when, at the fourth sound from tbe whistle, the sparks were seen to fly from the wheels of the rear car, and presently from those all along the train. Tbe signal had been heard by one of the brakemen, who at once alarmed the rest of the crew, and it was not long before the brakes were applied and the speed of the train reduced to the aceustcmed schedule lime. Bnt a very few cf the passengers were awakened, .and if so were either too sleepy to care much or eis did not dream of the terrible ordeal through which they had passed. Wben the train reached Altoona, an examination was instituted in order to ascertain what bad led to the escapade of the train, when it was found that one of the pipes connecting with tbe air cylinder underneath the forward baggsge car had become rusted, and was also considerably worn, so that, wben the first attempt was made to put on the brake, it had become loosened from its position. Of course, all attempts afterwards to utilize tbe ingenious invention were in vain, as the air etcaped as fast as it wss forced from the engine, and the current throughout tbe entire length of tbe train, destroyed. Although tbe plucky engineer and bis fireman had been implicated in some pretty wild adventures before this extraor dinary occurrence, tbey feel satisfied that it ine experiences, and the recollection of the terrible ride will no donbt never be folly effaced from their memories. ' "Jle Lawful Wedtfea Wife." A young gentleman of IS at Springfield, Maes., with an annual income of $150, wedded secretly a school-young lady ot 17. On 8unday he called at ber residence and his unconscious mother-in-law said her daughter was not at home. The husband forced his way in, to see for himself; tbe old lady called for a neighbor to put him out, and the bnde darted forth and threw herself into the arms of her husband, who btandiahed aloft a copy of the Boys of New York and shouted: "Behold, me lawful wedded wife." But they fired him out and bis lawful wedded wife waa ignominoualy t'.-."- -ii ZZi ?:rl3 U Ud.