I THE OMAHAI DAILY BEE.i * RLEVENTH YEAR. OMAHA , MONDAY MORNING , JANUARY 9 1882 NO. 171 HIT HIM AGAIN. Burbridge Bets Baok at Mr , Rebel Blackburn , ® And Bonds the Guerrilla Sym pathizer to Grass on the First Round. He Acknowledges Ho Killed Lots of Men in Black- burn's District. But He Did It Under Orders from General Billy Sherm-in. And a Party by the Name of "A. Lincoln" Patted Him on the Back. And the War Department Moved Hitn Up a Pe # ia the List for It. And Doei An7 One Elie Want to Pat OB the Gloves ! NtUonil Aiuo t t d Prrm. WASHINGTON , January 8. The following is the corrtspondence be tween General S G. Burbridge , late of Kentucky , and Congressmen J. S. C. Blackburn of that state , growing out of Blackburn's charge that General Burbridgo , as union commander in Kentucky , had mur. dered many men with wheso graves his ( Blackburn's ) district was now dotted. Burbriogo , on hearing of Blackburn's remarks , wrote that his acts in suppressing guorrillaism in Kentucky wore by authority , and ho would not consent to bo classed as a murderer therefor. To this General Blackburn replied in a manner de riding Burbridgu's statement , and which letter it was that led many to uppose there would bo a hostile mooting between the gentlemen. To it General Burbridgo replied as fol lows : WARHINOTON , January 7 , 1882. Hon. JJ3.'C. Ulackburn , M. C. , 7lh District ot Kentucky : Bra Your letter of the 27th ult. , ii refernce to mine of the 21st , is re ceived. In it you make the point that the distinguuhod gentleman who approved my conduct must Have acted without tull knowledge of the facts. Declining to assail the character / -of whojo to their - men loyalty country - try at the period of ray adminis tration in Kentucky , is in striking oontnut to your own. You assume that they had not full knowledge of the facU. The deeds which received the hearty approval of all Union men and which , in . . corresponding rate , provoked the wrath of the rebels in Kentucky in 1804 , were not done in a corner. They were planned in strict accordance with orders from Secretary Stanton and General Sherman , and executed in the light of day. The > letters ( jopios of which will be pub- vj lished in connection with your letter \ and this reply ) were written after my military career had closed , and at a time when the Democratic press of Kentucky was loud in its denunciation of my olficial conduct. They were written by men hero who were fully conversant with all the facts both be fore and after they had been distorted I , by rebel hato. It is to ho regretted that in passing sentence upon mo , as on officer to whom the execution of orders f.ir the suppression of auerilla- ism were intrusted , you fail to in clude in your denunciations the guerillas themselvs. Have you ever hoard how Berry's bund murdered Mr. Kulfers on Bardstown turnpike , while he was protecting his wife fro 11 insult , i and now the incited neighbors pnr sued them until Mr. Roberts , the county surveyor , was killed ? Hun dreds of such crimes were committed by guerilla band ? , who roamed over the state. You refer to men whose acts put them beyond the pale of civilized warf. ro in the t itight of barbarism , or in the domain of actual crime. Would it have been an act of this ch tractor to hunt down Berry's hand and haiigevcryonoof its members ? If your district waa "dotted over with graves , " it wai for such acts as these , as I informed you in my previous let ter. Not a man was put to death by my order without first having been tried and convicted by a regularly organized - ganized court nmr'ial. Tho'ucts which place the perpetrator "boyond the palo of civilized warfare in the twi light of barbarism , " or worse , in the domain of actual crime , wore the very acts which it became my duty to pun ish. That I was too It-nient and allowed many to secure pardon upon promise of future amendment , I admit. Thut I was frequently censured for this , is true. At the time when the Kentucky - tucky legislature had no power to cnmmanuino , I iippiarud voluntarily before a cominitti'o appointed by the senate and all the charges to which you now refer were fully investigated and upon the advice of Hon. Asa 0. P. Grovir , United Stal t-s senator , tin- investi ai ion was abandoned by the iowor liouso. In conclusion allow mete to suggi st that there were acts at tempted by adherents to jour course , ( while those to whost ) death you so //pathetically allude never risked their , / / lives in battle ) , which not only put the * v /pornotrators "beyond thu pale of civil- Jv" laod vsarf.iroin the twilit'lit of barbarism - ism , " or worse , in the domain of ac tual crime , which so far surpass tlmso above mentioned as to provoke them quiry whether thi-y were not conceiv ed by the prmco of darkness. 1 al lude , sir , to the attempted introduc tion of clothing infected with yellow fever into northern cities during the war , I do nut know by whom this i crime against civilization was attempt- ) cd , but proofs of the attempt are ample , and while vex my your righteous soul about the barbarous treatment of thieves and cut-throats in Kentucky , it might bo well to allow BOIIIU portion of your indigna tion to find vent against this diaboli cal attempt to murder innocent women and childrom. ( Signed ) , Ihmnuuuir. . The following ro copies of the documents above alluded to : U'nlttxl ' SUtu Military Tocijr ! ph. | To ( ! n. llil tirlilicc : } Your dispatch received and is very satisfactory. Go on and raise the hue and cry and don't mind the cost of money or horseflesh to hunt down every guerrilla and robber in your state. Make a clean job of it aud Morgan nnd all such men will let Kentucky nlono in all time to come. Seize fresh horecs wheresoever they can bo had and leave the tired ones , giving a certificate for after settle ment. ( Signed ) W. T. SHKUMAN , Major Gcnor.il. Hugus. Mil. . Dtv Mis.msiri-1 , \ Eir. SHANTY , On. , June 21 , 'tit. / General llurbrlil c , Commanding District ot Kentucky. The recent raid of Morgan mid the concurrent acts of men styling them selves "confederate partisans" or "guerrillas , " c.ill for determined ac tion on your part even on "southern states' rights. " The state of Ken tucky has not seceded. Her people by vote and by action have adhered to their allegiance to the national gov eminent and the south would now coerce her out of our union and into theirs , the \ ery dogma of coercion , upon which so much stress was laid at the outset of tlio war and which car ried into rebellion the people of the middle or border slave states. Hut politics aside , these acts of the so- " " " " called "partisans" or "guerillas" are nothing but simply murder , horse stealing , arson and other well defined crimes which do not sound so well under their true names as the more agreeable ones. Now bcforo starting on this campaign I foresaw , as you ro- mouibcr , that this case would arise I asked Governor Bramletto teat at once organize in each county a small trustworthy baud under the sheriff if possible and at one dash ar rest every man iu the community who was dangerous to it , ; uu\ \ . also every fellow hanging about towns , villages nnd cross-roads who had no honest calling , material of which guerrillas are made up. But this sweeping ex ercise of power doubtless sieined to bo rather arbitrary. The fact is , in our country personal liberty has been so well secured that public safety is lost sight of in our laws and constitu tion , and thu fact is , wo are thrown back a hundred years in civilization , law and everything else , ani will go right straight to anarchy and devils if somebody don't arrest our down ward progress. Wo military must do it , and we have right and law on our side. All governments and communities - . ities have the right to guard'against real or oven supposed danger. The people of Kentucky must not be kept in a state of suspense and real danger , lest a few innocent men should bo wrongfully accused. First. Yon may order all your post and district comma' idors that guerril las are not soldiers , but wild beasts , unknown to the usages of war. To bo recognized as soldiers they must bo enlisted , enrolledoflicered , uniformed , armed and equipped by some recog nized belligerent power , and must , if detached from the nuin army , bo of suflicient strength , with written orders from some army commander , to do some military thing. Of course wo have recognized the confederate gov ernment as a belligerent power , but deny their right to our limds , territo ries , rivers , coast and nationality , ad mitting the right to rebel and move to some other country whore the laws and customs are more in accordance with their own ideas and prejudices. Second. Rival powers being in- sutliciont to protect life and property , ex necessitate rei to prevent anarchy , which nature abhors , the military stops in and is rightful , constitutional and lawful. Under the law every body can be made to stay at home and mind his or her own business , and if they won't db that , they can bo sent away where they won't keep their honest neighbors in fear of dan ger , robbery and insult. Third. Your military comm.indcrs . , provost marshals , and other agents , may arrest all inalen and females who have encouraged or harbored tmor- rillas or robbers , and you may cause them to hi collected in Louisvillo.and when you Irive enoughsay 300 or > 100 , I will cause them to boMiit down the Mississippi through their "Guurrilla's" gauntlet and by a sailing s''ip send them to a land where they may take their negroes and make a colony with laws and a future of their own. If they won't live in peace in such a gar den as Kentucky , why wo will kindly send thorn to another if not a better land , and sun-ly tlis would bo a kind ness and a bloaainu to KenMicky , I wish you to he careful that no per sonalities aru mixed up in thisnord'icx a full and generous lovu of countn.of the south , of their a tutu or county , form n cause of b.inibhinont , but that devilish spirit which will not bu satis fied and that makes war a pretext for murder , arson and all itn grides , perj'iry and all crimes of human natuica. My own pivformico was and is that the civil anth ri'ie < j of Kentucky would and could do tins in that Hiiitu , but if they will not or cannut , thitn wu must , for it must be done , Thbre mint be an "und to strife , " und the honrst and industri ous people of Kentucky anil the whole world will be bent-fitted and rejoiced nt the conclusion , however urrivnd at. I use no conci'iiliiinit in uajing ihat I do not objifl to men ir women luvinu' what they call u ' ' .Southern feeling , " if conlinuil to love of country and po.ico , honor and security , and uven of a little family pride ; but ihesi- Income crimes when enlarged to mean , t love of murdur , of war , desolation , f.tmim > and all the horrid attendants of nn- arcby. 1 am , with respect , your fncnd , W , T. SIIKUSIAK , Major ( lenend Commanding , WARHIKOTON , D. 0. , 181M , ( Sen ButbtMf e , Lexicon , Kj Your communication by Gen. Nott and your telegrams received. Your proceedings against disloyal persons in your command arc approved. The whole state has boon nuulo one com mand , the military district of Ken tucky , with the powers of n depart ment comniAndor , except when given by law to department commanders. Orders have boon sent by mail. You aw authorized to establish headquar ters at any poivit you deem proper. You nro also authorized to recruit for ono year all the cavalry you e.ui mount. I suggest white and black bo recruited as infantry , and mount them if nnodcd. The promotion of Colonel Fairleight would bo made with pleas ure , but tin' law forbids ; will brevet him if desired. Your mode of mounting cavalry by seizing the horses of disloyal persons is approved , and you nro authorized to seize all you can lay your hands on , and -vhal you do not need turn over to the quarter master's depnr meiit for general use. ( Signed ) K. M. STASTOX , Secretary of War. \VASIUMITO.V , D C. , 18til. ( icncril lliirbriilrfr , I uxiiiKlon , Ky. I hear that you anosted my relative GonnolHim and released her on her showing you a loiter from mo. If it contains anything that allows her to talk or net treason , disregard it and treat her as you do other rebels. ( Signed ) A. LINCOLN. KNOXVILLK , 1804. General llnrbtiilgc , lA'xInKton , Ky. : Suppress the circulation of u book entitled "Campaign and Services of Stonewall Jackson" within the line of your command. ( Signed ) J. M. SOHOFIKLD , Major General. KNOXVIM.K , TKNX , \ Juno 14 , 18IM. J General UurbrlJgo , Lexinfftnn , Ky : Your dispatch of yesterday an nouncing your rapid transit and com plete victory over Morgan is received. I most heartily congratulate you and your command and thank you for your efficient services. ( Signed ) J. M. SCIIOKIEI.D , Major General. WASIUNOTON , Juno 14 , 18H. ( General IlutbriJiiP , Lcxl'igton , Kjv Have just received your dispatch of action at Cynthiana. Please accept my congratulations and thanks for yourself and command. ( Signed ) A. LINCOLN. WLNIIINUTON , Juno 14 , 1804. 0 n. Furl'flilje , Lo\liiRon | , Ky. Please accept trie yourself and the oflicon and soldiers of your gallant command the thanks of this depart ment tor the bravery and successful operations of the last six , days in Kentucky , an achievement of valor , energy and success that will bo regarded with admiration by all loyal people of the United States. ( Signed ) E. M. STAKTON , Secretary of War. WASHINGTON , July 4 , 1864. Moj. Gen. llurhrlil c , Lex rvton , Ky. I have the pleasure of informing you that for meritorious and distin guished services you are on the recommendation of this department nominated by the president as a major general , and the nomination was unanimously confirmed by the senate. ( Signed ) E. M. STANTON , Secretary of war. WASHINGTON , January 10 , 18GO. DKAK SiuIn the fall of of 1804 1 had occasion to visit Kentucky , when Gen. Burbridgo was in com mand. It was the concurrent opinion of the union men that ho was ren dering distinguished services to the cHiiso in the discharge of his military duties , and all I saw of him made a very fin or.ible impression on my mind. Yours truly , ( Signed ) S. P. CIIAHK. To thu I'rtBldint. FitANKi'oiiT , Ky. , January 4 , 1805. llrcvctM jor ficneml 8 ( i. IIurbiMcc. SIR At the meeting of the union state convention held in this city , this d.iy , the following was unani- mntisly adopted , via : Unsolved , That this convention recommend to the president of the United States that Gen. S. 0. Bur- bridge , us a reward for his gallant services in the field , and for his able administration of the affairs of this military district , bo appointed a brigadier goneml in the regular army of the United States. ( Signed ) JOHN L. Srorr , Secretary. A. II. IUNSO.M , Ass't Secretary. WAHIIINCHON , Juno 2(5 ( , j801. TH til 1'rcf ! tint. Mr DKAK Sin Gen. Uurbridge was a gallant soldier through the war and pel formed some of the most arduous duties as well as the most successful and effective exploits which were per formed during tlio conflict. Ho had also to oxcrcUo a most invidious but necessary authority in administering the military uH'aiis of the state of Kentucky his native state. I was in that slate during his udminist ration and had occasion to know thu diflicul- tio/1 of his position , and it was my bu- lid then , and at 11 is , ho acted a sin- cure and patriotic purpose throughout and by his energy and decision did much to put down thu frightful dis- onleis incident t * a loyal war , then oxuting in Kentucky. Nor ( lid his heurt dictate the severity to which ho was compelled to adhere to , I do not bi'liuvo any man possesses a kinder nature. He acted from a souse of duly and punished severely to sup press dixordor and revolution , Yours truly , ( Siiiiid > Mo.NTaoMKitY HLAIU. The next letter is from lioht , J. Hreckenridgc , dated Lexington , Ky. , JunoH , 18i ( ( ) , and is warm in peisonal c"iniiiuii < liUion of ISiirbridge , Follow ing it is a briet letter from Senator Cioodloc , ol Kentucky , to Secretary Howard , in the same stniin. The others are from loul Kentiickiaiis of inllnenco and reiiuwn , all sputtking highly of Gen , ISurbndgu , f C. Cook & Co. , Council Iowa , general ngonts for II. I ) . Hush's Golden Ka lo Klour for Omaha , Ndr Orders solicited by telephone or other wise , declli-lm * PENDLETON IN ' 84. Movement to Give Him the Dem ocratic Nomination. An Attempt to bo Made to Take the Appointing Power from the Speaker , Py the Mombora who Foiled to Got on the Gomtnittef-e They Wanted. Nown From the Nn- tional Capital- GENTLEMAN GEORGE TUB MK.\T OKMOCIUTH * OANmKATK. WASHINGTON , January 8. It in announced to-day thatSonator Clou II. Pondleton intends to bo a candidate for the democratic presidential mini- iimtiuu two years hence. This ait- nnunccinont isnmdo directly by ox-Sor- gi'niit-nt-Arins John G. Thompson Mid ia endorsed liy Wash McLean as correct. The preliminary plans for a canvass have just boon completed and Mr. Thompson left Washington to-day for Ohio to begin to put thorn in operation. Mr. Thompson , Ale- Lean and several other politicians who favor Mr. Pondloton's candidacy have had a nuinbur of conforuciics with Mr. P. during the holiday recess. At some of thorn Mr. J. M. McLean , the editor of the Cincinnati Enquirer , has boon present. Mr. Thompson makes no secret whatuver of the tin- turo of the conferences or of the de termination which was reached in thorn. Mr. rondloton very frankly admitted that it waa his desire to bo the candidate of hia aUto before - fore tlio next convention. COMMITTEE KICHXRS. National Awwctatwl I'row , T1IK AITOIKTISU POWHIt. WASHINGTON , January 8. It will not lie long before a resolution in of fered changing the rules and putting thi ; power of committee nominations directly into the hands of the honso. The indignation which Koifor commit tees uuiscd aeoins growing rather than abating , and while it ia doubtful whothora rule can at present bo adop ted it ia certain many favor it , and that there will be auch plainness of spocoh when the resolution is adopted that Keifcr will realize in the plainest manner that the indignation ia not temporary , but which will embarrass him throughout hia entire course. Members say to-night that there is no question but what a majority of the members of the hou e jrnally would bo glad to ace the rule changed , but many of them are afraid of the speaker's indignation , and fear their interests will suffer if they take any auph positive action. Were it not for this fact the members who are now contemplating the introduction of the resolution believe that the rule could bo adopted by a large vote. COMMITTEE MEETINGS. National Atuoc'ated I'roeg. HIHHIHBIPri H1VKK AVPKOFRIATION. WASHINGTON , January 8. The house committee on rules held a meet ing yesterday to consider the proposi tion to permit the committee on the argument against the proposition , claiming that the subject should bo loft to his committee , in order that it might be made to harmonize with other river mid harbor improvements. The committee took no definite action , but it ia thouuht there will bo an un favorable report made to the house. I'KNHIONS. The house committee on pensions hold a mooting yesterday , but did no business beyond organizing and ap pointing a clerk. JOE JOHNSTON National ABHociutoU 1'rcxw. WHAT Hf HAYH l > f THAT 1NTKKV1KW. WASHINGTON , January 8. The Post published to-day the following impor tant letter from General Joe Johnston to the editor of the Daily Post : When an article headed "General Johnston's Narativo" appeared in the Philadelphia Press of December 18 , T wrote the editor that the conversa tion on which the narative wan evi dently founded waa not an inter view and the article was inaccurate. I would not undertake to correct it. This waa published by him promptly. AH that article Kcems to b < ) lieuted in the south as accurate and lam charged with having accused Mr. livis of ap propriating the confederate f und-i car ried through North Carolina , 1 wrote to deny the charge * . T did not use tint language imputed to me. What I did my was that the president ought to have accounted for 'he money. It in a well known practice in thin and all civilized countries that those having disposed of public funds shall account for them What 1 s.iid on that occasion was in an incidun- tal conversation with one whom I considered a * much above the cluss of inttirviowerH , therefore 1 had no fears of the publication of what I might Buy. I said a good deal that nothing would induco'me to Bay for publica tion , especially on the subject of funds at Greensboro That part of the conversation was in connection with HID Milijoct of the application twice made by mo that part of the niunuy should bo p.iid to the army I ihun commanded in North Carolina and which had received no real pay for many months. ( Signed.1 J. K. JOIINKIOS FrouU of ( i Domouted "Womini National Auwctttoj I'IBW. CHICAGO , January 8.Mrs. . Chris tina Lynch , the delimited woman who disappeared from her home on Ne braska street Christmas eve , was found under the sidewalk in front of tier homo. It will be remembered ( he WAS on a visit to her brother's liousa near by and as missed by the family about U o'clock on the morning of the 2tith of December. It was sur mised slip arose from bed somotimn during the night while the family wore asleep and committed suicide or mot with foul play. Neither theory proved correct , however , for the nroman on leaving her brother's liouso wont directly to her own , but actuated by ( tonic insane fancy , instead of entering the uiiiso she crept through a hole Uudor ho sidewalk and remained there without food for almost a week. Sat- unlay night the sound of some one moaning came liom under the side walk , and was heard by auveral people about the house. . Search was U once made for the person in din- Irons , and a few momenta sulliciod to prove that it was none other than Mrs. Lynch heraelf. The poor woman was in a sinking condition from , the ordeal of her enforced captivity , and when moved to the house it WM dis covered that her foot wore frozen , uid ( hat she was well nigh exhausted- lly good attendance her life was prc- erved. She gave birth to a still1 jorn child. UottySnntchlitB in Enlnnil > National Aiwoclntixl 1'nsw LONDON , January 8. Howard Vin cent , director of the criminal investi gation of parliament , is trying to naku light of the report of the ali - i > ged attempt to steal the bodies of Napoleon II , the prince imperial , TOIU the vault al Clnssolhural , but in- 'ormntion from good sources lends to the belief that such an attempt was really made and only defeated by the rcat strength of the granite sarcopha gus , the lid of whi h weighs three tons. The empress is much agitated by the reports. This now American industry of stealing the bodies of distinguished or wealthy persons ap pears to grow in favor among the criminal classes. The matter is creating great excitement every where. It would bo difficult for the most expert body snatchers to rob Westminster Abbey and the mausoleum at the Frogmoro , where the Prince Consort's lx > dy rests , could hardly bo entered even if dynamite were used. But in almost every churchyard in England the lord of the manor has his family vault which could bo entered without difficulty and nothing could be easier than to steal the remains of Lord Bcaconsfiold and other eminent men whoso dust is not in the nation's keeping at West minster. Nothing has boon heard of the body of tht > Earl of Crawford mid Balcarrcs , although the police profess to bo on the trail. The queen was greatly alarmed when she hoard of the attempted outrage at Chisel- hurst , and at once ordered special precaution to bo taken at f'rogmoro. The bodies o .Napajeiii and the prince imperial will shortly bo removed into Hampshire , whore the empress has built a mortuary chapel. The Sherman InveBtlgatijn- National Amwciated Press. WASHINGTON , January 8. The senate - ate investigating committee yesterday examined Geo. Y. Bartlett , assistant disbursing clerk of the treasury de partment , who presented his books. James Mullen , a stone mason , who claims to have done work on Secre tary Sherman's house while boingpaii by the treasury department , vas again before the committee. In this connection it may bo stated that the supervising architect slates the record fortho , time Mullen worked for the secretary was kept and deducted fron Mullen's pay , and the bill for the same was paid by Khorman and re ceipted by Mullen. Several minor employes of the department partmont wore examined in connec tion with a matter heretofore iiuuiro | ( into by the committee. The indications are that unless i lead is soon struck the taking of testimony mony will bo soon ceased , Eloped With Kin Grandmother. Nu'loiml AxHociaUHl I'rcm. NKW AMIANV , Ind. , January 8. Officers are on the lookoit for Ellis Thurman and his youm/ grandmother olopists from near Grammow , Spen cer county. John ( J. Thurman , ugoii near70 , married a young woman ol 20. His grandson , Elh's Thurman , lived in the benne with him mid be fore the venerable ur indfather's honeymoon was half over the graceless young grandson was setting up to his bountiful grandmother like a young kitten and a hot jamb , making love to her with all hi might. He seems to havobeaten the old man's ' time from tliu start and it few days ago took his youthful grandma and eloped with her. Tliu venerable grandfather is disconsolate. Tlin Iowa Souatomlilp. National AHtmdateil I'rutn. Dm MOI.VKH , Iowa , , Januarys. The Washington dispatches Friday night , stating mutual arrangements had been made between the friends of Kirkwood and Wilson and acquiesced in by the president , whereby Knk- wood would remain in thu cabinet till after the election here , struck the Wilson camp liku a bomb. It is ac cepted as a bargain and Halo which will have A very reactionary olivet , am : Gear's friends are quite sanguine to day.It It is ovidopt Irwin is gaining grniim for sneaker , and well posted outsiders consider Ms election quite probable. A legislative caucus will bu heli Monday night. Found Doitil in < i Sleupor. NuilmiM AHnocUlixl I'rt-iw. TOI.KPO , January 8 - General K. A Jones , of Mucon , Me. , who with his wife win on the way to Shiiigh'lon Pu. , on a visit , was found dead in i sleeper on the Wabash train wlnr.l reached this city early this morning General Jones wits well known a * : leading attorney of his town , and wu also editor of thuMacon City Herald Ho had boon in poor health since the early part of the war , having beou so vorulv wounded in 1802 while survui | as colonel of the Thirty ninth Indium , cavalry SOON TO BE SETTLED. Argument in the Trial of Quitoau Commenced , Interspersed with Those De- linhtful pat-t Between the Giants Ootiduotinp It. n Which the Assassin , ns Usual , has to Con tribute a Bril iant Share. luttoau Cannot bo Hanged Before May Anyhow. WAHIII.MJTOS , D. U. , January 7. I'ho court room was crowded this uorning , the majority of the spec ) a- era being ladies , The counsel for the > rosecution were late , the jurymen vero in their seats at 10 a. m. and ludgo Cox entered a few minutes at or. Ciuitoiui looked steadily around. lo were a sttibby beard of a week's growth. The court announced it was necos- ary for the jurors to bo detained to- lay , Mr , Davidgo was of thu name opinion , thinking the whole time would bo occupied in argument. The oreumn whispered to n dopirty mar- hal that his follow stitlorors and him- elf did not wish to miss anything in ho trial. Diuiilgo then addressed ho court in support of the prosocti- ion. Ho urged that no irresistible mpulso or inspiration had boon proven mil that legal insanity had not in any soiiso boon proven. Ho desired par ticularly to direct thu attention of 1m lionor to the fact that the first prayer ) f the prosecution was circumscribed within the limits of human intelli gence. It simply professed to impress : hat legal rule in rospoot of how much intolHxonca it required to make a liuman being answerable for violation of the law. The whole import of the second prayer was that no human being whoso intolliironco reached the standard described in the first prayer is responsible for the violation jf the law , no matter what his feelIngs - Ings , his passions or his indiHeronce ; o duty. The third prayer asked the court to dolino just when insanity was x defense from the stand point of the , aw , mid the fourth not forth that moral irresponsibility had not been ( stablishecl in this ease. With regard to the pra > ers for tliu defense , their tendency as far as they infringed on the rules laid down by the prosecution was simply to produce confusion and obscurity. In his judgment tlm ought not to bo entertained for an instant. Counsel called the prisoner an assassin several timeu when contrasting him with his illustrious victim. Guitcau said never a word. And a man , continued Davidgo , might bo proved partially insane , but if ho rose to a point of intelligence that ho know the difference between riuht and wrong and know what ho was doing was wrong , then he waa responsible for the crime. The whole argument was in this strain One or two sharp words passed be tween Scovillo and the speaknr , who was dignified but somewhat angry in manner at the timo. The prisoner shouted excitedly at one time : "I die not know the difference between righl and wrong. I hud iiochoioo ; If I hai I would not have done it. " "Wo will sue hereafter , " solemnly added Air. D.ividuo , "whether the prisoner has any choice or not. " Counsel then read from authorities , showinu' the responsibility of a porsor suffering from insane delusionu , con tending that if the accused was con scious his act w.ia contrary to law he was punishable. .ludgo Porter relieved Davidgo from reading the citation , stating thai the voice of his as < ociato was hoarse. Thu authorities quoted included prom inent cases in Knilish jurisprudence. In accordance with the preliminary remarks of Uavidgo , Suovilln , notic ing a desire on the pirt of Porter to intersperse a few words , apparently for elfuct , protested warmly against any speeciits being worked in to the injury of the defense. Porter answen-d indignantly , am declared in poiiiilchral tones that this farce must end. Thry had arrived u a period in the trial whore they stooi on their rights , and the counsel for thu defense must not make sue ) broadcast and unfounded accusations. "Jf , " exclaimed Porter , "the gentle man doi'H not receive it rebuke from the court , ho will receive it from > tlnTH I hiivo murely read tin * deci sion of Jud.'o D.ivin in the Colonial case. " "Yes , " bawled the assassin , "tin jury wont against it , " " 1 hope there will bo no altercation between the counsel now , " said Judge Cox storlily , "Hero is a man , " baid D.ividgo , severely , "who pretends to bo ins.ino. Listen to him. Ho not only know * the difference between right ami wrong , but he knows the law and re cent decisions in criminal canes.1' ' That's all right , " shouted ( iuitoau "I don't pioteniltobo any inoroinsani than you are. 1 was affected will transitory mani.i. . " "The man , " ronrirked D.ividgo "knows thu law as well an any coiuuu hero. " "That's all right , " agu'n shou o ( Guiteau , "I don't pretend that don't. [ Laughter. | 1 am UM wel posted as you arc. " "Throe wcuksaijo , " continued D.xv idgi > , "Scovillo claimed the fellow wu a fool. " "Thafa so , " shouted Ouiteau , "Son villu is a fool. " | Lvuihtor. ; ] " want him off the case , and c.in do tin business mysulf , " "Keep silouou ! " ordered the court "Yes , your honor , " ansA-ored th prisoner , "but I waul this idea of in sanity repudiated. " Davidgo then declared there oouli bo iii > question of guilt or irrenpoiui bilily. There was another quarrel betwoui ho counsel , and Ouitcau quietly in- iited ho desired merely to got every- liitig Miimro before the jury. Davidgo said ho desired by the first iraynr to put the constitution "of ? uitcnu beyond the possibility of a loubt. They were not trying a man of ordinary intelligence but a lawyer , There was here another break on liu ptirt of the astossin in his usual train , and ho was with great difficulty oppressed. Davidgo continued , explaining the irayors still further , and snid ho sim- ily called for instruction to the jury hat legal insanity wn ; definable by aw and was founded in disease ; that t was not an impression of the per- , eptivo faculties or a degraded moral louse. A man is in the custody of tis own mind and must bo judged by lis aspiration. After roci'Mtho jury did not attend , ill' . Heed began bis argument for the lofenco. The only point was if the jury mil any reasonable doubtof the sanity if the accused thuy should acquit him , tued's argument was substantially to he effect that there was nothing in ho record of the case opposed to the henry of Ciuiteau's insanity. Ho ro- orrodto the question of jurisdiction on atal U ) conviction. The prisoner was very quiet , main- y occupying himself with ilio pro- luction of autographs. Mr. Ueod road a number of cases in upport of his views.which were to the ollbct that a reasonable doubt should . dways bo admitted in canes of the haracter of that now on trial. At one juncture of the argument or the defense , D.ividgo interrupted vitlt the remark that the question of ' [ responsibility was to be decided by . he court , and the question of ins.uiity > y the jury , Jndgo Cox approved , bis suggestion. Uoed became eloquent nnd said : 'It would bo a disgrace to human ly if the prisoner , even if there woio inly a slight doubt of his sanity , should the on the gallows , " This xiint was repeated several times , juitoau kept quiet , but while pro- .onding to road and lie writing auto graphs looked up approvingly every : iow and then. In concluding Rood urged that the joiK'fit of the doubt should be given , ho assassin. Scovillo intimated it was queer the jury was not present during the speeches for the defonso. D.ividgo repelled the insinuation uul th ro was was another smart pas- sago-at-arniB. Porter got up oxcitcdly and said : 'It was not right such remarks should bo said. " Hood said : "It was unfair the jury should not bo present at this time. " The court said it was understood the jury should remain away during the arguments if they thought fit. Scovillo apologized , sarcastically saying , "Of course it was accident. The jury should bo absent. " Mrs. Scovillo got excited , and said in tones to be heard all over the room : "There is no accident about it. It is desiun. They want the poor man hung. " Guitoau for a wonder said nothing. Scovillo then addressed the court very much in the line of Heed , urging the question of responsibility was the most important for the jury to pans on , and contending acquittal must fol low if due consideration was given this point. Ho rapped Porter on the antiquity of his tragical , dra matic style which , ho said with ironi cal manner , was the fashion , as the points of law submitted was the priso ner was responsible for his actions. Porter half rose from his seat , but contented himself with a shako of hia finger without saying anything. The prisoner laughed and leered at the audience when ho observed they were in accord with the point made by Scovillo. The court adjourned till Monday. Judge Wylio , of the supreme court of the District of Columbia , stys even if Guituau is convicted ho cannot bu hiu.yud under thirty days after the eoiiit meets in next term , April 4th. Congress passed thin act to govern murder trials in the District , and if tlio time for thu meeting of tliu court had not been changed since Garfield was shot Guitoau could not bo hanged till August , oven if convicted. May is thu earliest possible date. Flroi. National Afwoclatcil I'rum. ST. LOUIH , Mo. , January 7. At liU6 : last evening a tire broke out in J. F. Watkins & Co.'H wholesale hat , cap and glovu store , No. < 00 Washington avenue. The ll.uncH , in a few seconds ends , commiinicatud with Pottos & Lentil , the largest artists' emporium and art gallery in the cily. The contents - ' tents of the two buildings burned like tinder , and thu entire fire department was called upun. Hard work confined the fire to the two hull 'lings These were valued at § 1)50,000 ) , and were an. entire loss ; insured for about § 1100,000. During the tire a guoit turned oa thu water in the Lindoll , line ing thu hotel and causing about $7,000 dam- aiu from w.xter. Sh'irh ' it I ) jland's wholes lie p.ipor store , (110 ( Washington avenue , wu.1 dam igul $50,000 by water , nnd Muck Co. , wholesale clothing , lost 810- 000 , also by water. Several l.idion in the Lindoll were injured in the p.inio which occurred during the lire opposite , but no ono win seriously injured. Thototil Ioi3 will roach $125,000 ; paittally insured. Hmnll Par. Nii'lonal AwiocIaUxl 1'iua. Cmruio , January 8. Yesterday terror wus cre.ited in the vicinity of ( > and State streitls by a luiiiitio badly broken out with small pox running at' liiro and puisisting in rubbing against evoiy poison he met on the street , Che limn appeared to be a ISnhcmian , lined 25 , and eviduntly escaped from the pest house. Reporters were all two busy to follow up thu caso. WAHIIIMITON , January 5.-Superin tendent Thompson ol the railway mail service depiiitiiient , in compli ance with the request of the National board ot health , have issued an or der directing all employes to bo at once vaccinated ,