The New York Herald Newspaper, December 18, 1854, Page 1

THE N WHOLE NO. 6689. EW YORK HERALD. MORNING EDITION—MONDAY, DECEMBER 18, 1854. ith ih ihc areal gS rome my = prt -speemtyg prey appeal Benn pha he wan nye Sag of Mr, Shatfner from 8t, Petersburg. JAT THE RUSSIANS THINK OF THE WAR. 7. P. Shafiner, Secretary of the Amorican graph Company, recent/y returned from Rassis, favored as with some interceticg information on lic opinion there in elation to the Crimean paign and the ts of the war. Mr, Sanfi- left the capital after the battle of the 25th of the report reached St. Petersburg that the lied forces had actually caiied from Varns, it was credited that an invasion of the Crimea was ly contemplated. The events which have entiy taken place in that Peninguis have ficiently proved thia. Nicholas mever fancied the expedition would ba undertaken in the pe of a severe winter. He gave the allied com re more credit than to suppose thet they puld risk vhe defeat, and, periaps, the total anni: lation of theirarmy. The climate of the couniry d the % mpestuous seavon of the year, 60 near at |, were as hostile to the English and French as yy Were favcrable to fhe Russians. In the middle October, the storma which have already irecked so many vessels of the invading five bgin to sweep with resistles fary over e Black Sea, and render the transport 0! troops en impossible, and always attended with more or as danger. The regular supply of provisions and n tion is then precarious, and, in a country there ne food can be obtaiced, the situation of a lostile army under the most favorable circumstances must be critical in the extreme. Heace the Crimes the jast point in his dominions where Nisholus anticipated an attack. The danger as he conceived in Poland and along the Austrian frontiers, and three hundred thousand men were under arms eady to meet it. When, therefore, the allied for ses landed at Bupa- o the Russian commander was almost taken by His whole available forces in the Crimea nted only to some 25,000 meff including the on of Sebastopol. Reinforcements, however, o be brought up within a fortnight’s time, aad, ovided @ sufficient delay could be obtained, Sebie- jopol and the Crimea were cafe. In Prince Mens- hikoff’s despatch sent to St. Petersburg before the ttle of the Alma, the plan of the campaign distinctly laid down. He was to hold the ies in check by a series of engagements, tt ng, if unsuccessful, oa the city. There pe expected to receive the powerfal aid of LAiprandi’s division. But if this, from any unfors. acciéent, did not arrive, and he found it im. ible to defend Sebastopol with the force ander is command, he intenied to blow up the forts, nk the ships, and hold off natil, with an increased my, be could offer the enemy battle with hopes of Pursuant to this plan a skirmish first took place near Eupatoris, in which the Russians lost 500 men, occasioned chiefly by the gans of thse Lied vesseis. This affair has been scarcely not iced n the rezarts we have received. At Alma the Ras” jians deciered they had but 22,000 men, and tna! the battle they were ensbied to retreat in guod u order to tus city. They expected that the ailies | ould speedily follow. Mengohikoff even declared in his despatches to the Czar that, by a vigorous as ult, the stronghold might at this time have beea For euch @ result he seems to have boon fally prepared. But when he saw that the allies hesitated to advance, his hopes of dsfendinz the . place were strengihened. Couriers, fwerving ard evening, were sest to St Petersburg with the intelligence that the benemy hai not altered his position. Aud when at last the enemy did press forward, and in vested # portion of the city, the anxiously expect @ reinforcements, under Liprandi, bad arrived, and Menschikoif felt certain of ultimate success. With hundreds of thousands of men at his com- mand, ards communication to the Crimea open dur. ing the winter, by means of slodges, the battle of the Alma, Balaklava, and Inkermann have been as good as so many victories tothe Czar. Bat ti¢ allied troops—decimated by war and disease, with their supplies of amnftiniticn and food cut off or de- jayed by the storms on the Blask Sea—must be con sidered a lost army, though every man should dis. play the courage and endurance of ahero. It isa ‘YWerious question now whether even s retreat is pos- sible. It was considefed miraculous when cavalry, infantry and artillery were all safely landed at Ea patoris in calai summer weather; but how would ‘they fare now, when it has been found impossible to land the wounded, who were obliged to remain in the ships, torsing for days upon those stormy waves? What would become of the rem- nant of that magnificent armament in such a tempest as that which destroyed thirty-two vessels of the flees? To winter in the Crimea would be f J : : -scarcely leca disastrous. The severity of the climate, and the uncessing hostilities of a relentless perse- vering ex¢my would fearfully lessen their numbers. it is barely Possible that they could maintain their presens position. The Rassisn has already profited by the experience of the campaign. He has learned that his own mnsket 1s a very inferior weapon to the ‘Minke rifle, ad it is expected that this disadvantage sander which he cow labora will skortly be removed. ‘Under every aspect,of the case fortune seems to frown upen the allies. Bravery cam do much in most cases, but in this even tho danntiess courage and tmretrcus bearing displayed at Tokermann can Only prolong the stinggle. A defea: before the walls of Sebastopol will en- tail results upon which it would be vain to speculate. Diseatinsied with the failure of the ill-plained expe- dition, the French people may wreak their veu- geance on Napoleon. The alliance between Exgland and France will then be blown to thewinds. Tis policy of Austria and Prussia will vaccilate no lon- ger, for self-preservation wiil force thom to side with Russian, ‘the revolutionary spirit now amoul- dering ‘n the German States will then no longer bs <controlied, and the legions of republican and des- _petie Europe will ence more, be brou ght face t> Se Russia will continue to straggie for that po- Aitical ascendancy, which is the end and aim of her ponarch’s ambition. Mark the elements of hor strength. Throughoat all her vast dominions, from St. Petersburg to the Cancasus, one feeling—ia- <iuced by a firm belief in the jastice of the war—ts predominant. Emperor, noble, peasant and sorf seem animated by the esme intense enthusiasm, ‘The ostensible object of the struggle is to, secure teligious toleration to the Greek subjects of the Porte, and if territerial aggrandizoment by the present thrust iato the. which the heathen has down—-that France is opposed to them from of old hostilities, and that Haz- the cross in one hand, wiclds priests are scattered over the empire preaching the holiness of the crusade, promising success and call- 45@ tpen all to aid ita speedy accomplishment. For tributes his mite. No patriotic fund is raised for the wounded, but the Czar declares that they are under his especial protection and the government will provide for them. Throughout the land the churches are open day and night, and prayer for the triumph of the Russian arms isthe universal theme. The soldiers are impressed with the cop. viction that the sixteen hundred saints of their church are interceding in their behalf, and that when they are killed in battle they are received at once into glory. And besides this fanaticism, which of itself would be resistiess against an ordinary ene- my, they have proved themselves equal, both ia cour. age and discipline, to the best troops of France and England. If » million cf such men can hebrought ix? to @pfield— if the fortresses on their frontiers have already been fcund impregnable—if a suocessful in- vasion of the Czar’s territory is known to be an im” porsibility, and if his resources for prosecuting the war are unlimited, where is the ocolossat power which can eventually subjugate this imperia! auto erat? Nor is thisal!l. Unlike ether crowned heads in Europe, the Emperor ef Russia has no revolu :ion— no internal dissonsions to fear throughout, tho length ani breadth of his dominions. He could concentrate his whole army at any given point, aud the rest of the country weuld remain in porfect se: curity. He is idolized by his subjects, who look upon him as a father. By his soldiers he is re- garded a8 a demi god. Daily he may bs seen taking his usual walk or ride through the streets of S:. Petersburg, and often entirely unattended. This again completely refutes the idea atarted some time since in Paris that @ stray bullet would one day terminate his existence and put an end to the war: On two points especially the wor'd until now has) been content to remain in comparative ignorance— | one is the resources of Russia, and the other the in | telligence of her inhabitants. A large portion of the serfs are landed proprietors, and though they do not enjoy what we would call political rights, their condition is not one of degradation, nor is it incom- patible with intellectual cultivation and material improvement. Maunfactories in silks, laces, cloths, &c., ate to be found everywhere, and-the quality as well as the cheapness of these articles, when compared with French goods, often surprises the American traveller. The manufacture of munitions of war is of course carried on to a very large extent, Russia, as we know, is a great exporting country, and it bas been estimated that, if obliged to live on her own resources, she can grow enough wheat to Support double the amount of her inhabitants, who live almest altogether on farinaceous food. The superabundance of gold and silver ornaments in the churches cf St. Petersburg alone is sufficient to de | morstrate the wealth of the nafon, and co enthusi- astic are the people—so determined are they to succeed in the cause on which they have embarkeds | that every church in the empire would be despoiled iather than money should be wanted to carry on the war. City Intelligence. ANOTHER STABBING CABI. A man nowed Jokn Niel! was atabyed in the side by & Swedish saflor,4t No. 69 Washington street, about | The vic em- | hslf-yast nine o’elock last evening. ployed was a lerge carving knife, end the would inflict e! is of such a character that the unfortanate n who was convoyed to the City Hospital by « han—connot recover. The perpetrator of this murder- ous derd was arrested and locked up. How 1 1 Doxs—Complaints have been nade feam time to time of the impunity with which pochett Groppers, watch stuffers and burners, pursce their ations. hey are arrested, it is true, but some how her they are never brought to justice, and the po- Lice reports show a coustant recurrence of the same uames of parties repeatedly arrested for the sam’ of- Police oftvers have been Mamod for uot doing the but the feet ts, the blanae does not rest with them much “s with the police magistrates before whom thore light Augered gentry are brought. pewrs that rome, at fence least, of thoee magistrates have | inorder to manifest the grand idea that God’s honse | most unfortunate memories, and manage to forget the | crimes committed “by the aforesaid aud burners, and discharge them brought before them. considerable influence with certain ward politicians on account of services rendered at primary elections, and that these ward politicians, holding as they do the lical fate of the magistrates in their hauds, wield their wer for the bonoiit of their friends the wateh staffers. ut this, of course, cannot be trae, us it is well known that ward politicians, as a class, are men of immactt- Iniely pure characters, and that primary elections are freyuonted only by the most virtuous of our citizens. Jnlers somet ii Re Profitable gnd amusing avocations without molestation. cketbook droppers | custody when | St is said that those fellows have | ¢ 1. | g is done, itiy likely that our ingenious | 14, the ‘<droppers,”?’ will continue to pursue théir | fey ‘Trars ron Hors, Tareves Aut Ser,—Yesterday, while | t dinner at the Howard Hotel, a gentleman was observed at the table quietly and elegantly taking his dioner, hav” | 4), ing previously toft bis overcoet ia the steward and clorka of tho house soon decided that he was a man who had recently been in search of a dinner ama other good things—glad that he had succeeded ¢o well | moment can we turn to¥ Only to the sanctuary of that | God who eonseles us in trouble, sin and care. and they deferestially asked his name and intentions, | when he pointed to a three dollar bill on the broken bani of Killingby he had about him. They retained his overcoat, and sent him in quest of money to pay for his dinner. There ix Plenty of work at the West, where, for want of laborves, farmers ate obliged to chi crops. the thousand individuals in t have not fands to pay their expenses wntil to-morrow morning, find it diMeult to avail themselves of the ad- vantages of the want of laborers in the country; but the light fingered gentry at as well be informed that they will do better to stay away from (he metropolis unt! present they will find it hard to prevent detection and | arrest. The following advertisement, in load pencil, was | found in the posket of the overcoat-—Wantod, inn | wholesale | jobbing shos muse, to competent ‘sales. | 3 men, who thor Yi noderstand their business, Nove | but those who aro willing to dev time solely to the faterest of the! ply. Address bos No. 2,750 Post OM, | ‘Tr: Seyvrsripyia Wako Rew tioned yesterday some of the to sopply feed to the poor. To the Frventeenth Ward belongs the credit of being Oret in the Meld fa thi rod we An astoctation has been formed ander the provi | dency of F. T. Deforest, an old citizen of the ward, t supply to the poor. Tho a No. 0 Firth ery of fo04 gratis to the tinngry. J It be teat ity, and that the rich wil that wil] prove t ant their semsibiliti barp necessitios of tha p Pounen Waren Sonoor.—Mias T vitation of the pal of the gir aie! ttended last evening, and ings from eaverul popular and admired poets, The read- broughout was characterized by proper modulation o e, making the sound an echo to the sense. deed, we obsorved several ladies in the tudienee, during the reading of Wolfe Tone’s Grave, shedding tears, so deep an fmprenvion had been made by her thrilli scription of the grave scene. Between euct poem Mrs. Lyneb, a very accomplished lady, the principal of the school, discoursed sweet music on the piano, Tur Wratumt.—We were fayored yesterday with a | slight snow storm, which lasted about three hours and then *topped, leaving on the gronni about two inches of snow, quite sufficient, however, to embarrass the city care, uid the weather continue at its present tem: perature, we may shortly expect a snow storm worthy the name, j Finu x Mena Srerer.—The alorm of fire at (ont o'clock yesterday efternoon, in the Fourth district, was occasioned by the accidental upsetting of « barrel of (ar in the Gas House, belonging to the st. Nos. 05 and 67 Morcer strect. Tho were almost immediately oxtinguighed. No damage deve, Rustorep to Commany.—Colonel 8, Brooke, command. ant of Third regiment New York State Militia, he been suspended fremcommand for the term of three years, from March 11, 1868, and sentenced to tked @ fine of one hundred dollars, has, sy the in ition of the officers and privates of the jicd regiment, bean restored to his command. Disp From tHe Errects oy a Biow wire a Cart Rexg.—An inquest will be held to-day on the body of Hugh Hagan, who has been | min it agony for some days past, in the New York Hospital, from the effects of a blow with» cart rung, in of one Dennia Carrick, He died yesterday. ‘sheen In the country might | In- | | the banquet of the returned prodigal who is as«ured thal in payment for his dinner, being all the inoney | It is true that | city this morning, who | better times, for at | ‘de- | Nisholas Hotel, at | } Dedication of the Chureh of the Hely Cross THE REVEREND DOCTOR MOBIARTY—DESORIPTION OF THE BUILDING, The above named beautiful and commodious sacred building, lately erected im Forty-second street, between the Eighth and Ninth avunues, was solemnly dedicated yesterday morning to the serviee of the Roman Catho- Me Church by the Very Rey. Dr. Starrs, Vicar Genera! of the diocess of New York, assisted by the Rev. Joseph A. Lutz, pastor, the Very Rev, Dr. Moriarty, and a num- ber of other cl of the same persuasion. About half-past nine o'clock the congregation com- menced-to sssemble, and at a quarter past ten the church was crowded to the utmost extent of its gal- leries, aisle and side pews, even up to the rails of the sanctuary. A‘ balf-past ten, the vestry door, opening on the left side of the grand altar, was thrown open, and » proces: sion issued forth, consisting of a priest in his robes, Dearing a cross in his hand; two acolytes with lighted tapers; six or eight priests, two and two; ten acolytes, |) dressed in sutans, and the Vicar General. This body moved down the aisle to the grand entrance on Forty- second street, from which door the members proceeded to make a circuit of the church, chanting appropriate hymns, whilat the oficisting priest sprinkled (he walla with holy water, On theirreturn they halted a momen at the door, and then iarched to the grand altar, at the foot of which the Vicar General knelt, having the othe: clergyman and boys ov either side of him. The usual service was then chaunted, when the altar wan blessed ; after which the procession progeeded to go around the inte: Jor of the church, singing hymns and sprinkling the walls, On their return, they knelt outside the rails of the sanetuary, and the Vicar General proceeded to in- cense the altar, At the conclusion of this, the members of the proces- sion retired to the vestry, from which they issued in a short time, when a high mass was sung by nai ege the choir, accompanied by a fine organ, making the Posponees. s hen the reading of tho first gospel was ended, the Very Reverend Doctor Moriarty ascended the altar, and preached a most eloquent sermon, taking: for his text the commission which God had given to David to have the temple buitt aud adorned. After reading the entire chapter, the Reverend Doctor proceeded to say that the sentiments and expression of religion alone give to mana superiority over all the animals which share with him an existence in this ma- terial life. Could we examine animal life, from the powerful elephant down to the cunnin, spider, we would find that all were endowe! with ‘instincts qualifying them to fulfil their destiny, but that all. were at the same time igno- rant of the Creator.. This perfect knowledge was re- served for man alone, who, by the holy attributes of re- Ngion, came nearer to the bkeness of God, and enjoyed the blessing of a continual impulse prompting him to venerate the Most High. Who can contemplate tho heavens, studded with stars; who can look up and feel the silence of ether; who can experience the pulsations of the mighty deep; who can look on the huge and stead- fast mountains, without exclaiming with David: “How mighty is the name of the Lord on carth!”’ In sorrow, ickness, and even prosperity, all men feel the powar of j;and man, whether in civilization or barbarism, #a tribute of worship in some manner or other to ‘im. The tew ple and the altar are the first monuments to mark out of the place of the great city, and their presence cements social order in it. God himself had directed where the temple should be bnilt, and the people rendered homage to the glory of his name by singing his. praises thoreft, When the Israelites were delivered from bondage, they erected the ark of the covenant, and the Lord tien in his denunciation of vise destroyed hostile cities, and routed mighty armies as an exemplification of his pow- er-~but w the Isracalites were established in peace in Jernsalem, he ordered thai the mighty temple should be built for his honor, showing that he wi ‘i to be worshipped, not alone in the silent sanctuary of man's heart, but in ail the glory, pomp, and magnificence of such @ house; and when ie wa Unished he declared unto Selemon that he would always find him therein. There on the hill of the Zion, the Jews were wont to congre- ' gate at certain times to worship Ged, and after the re- | It ap- | greater than tha } | Bvein me and Lin him,’ These are the privileges of | this altar end sanctuary; and be | truly implore ‘of your God he will rolleve you. | of Chai | High | tion, the peopte dispe gave vend. | with the a ' | | | | | | | verse of Babylon. thoy hung their harps oa the willow, and wept that they could no more visit that holy hill. But at length the orient came, and entering the temple, He, theSavioar, led us into the sanctuary ¢ conceerated the temple. ‘Then indeed the ved the cousummation of hia previous promises for then Le gave to it a sacrifice corre«pondin; dar. monizing divinely with the beauty, the divinity, ant the holiness of God. ‘Then the Saviour called on man to 4 feel how easy and light was In this offering what s grand distinction ts siven to the ancient and natural religion which satisiies all the spivitual wants and requirements of man, It possesses @ sacrdice decreed by God to extend fromm the rising to the setting of the sun, and destined to expang through ihe universe. In com plinnce with the precepts of this religion, we find that the wise and the good of all nations have at all times’ endeavored to render the temples of God respeetable, even to the human eyes; and for this purpose they rendered tributary the taste of the painter ane genuis of the poet, should be worthy of him, What condescension can b® God should permit a spot of this earth | fo he set apart as a vell—as it wero—under which sinners could repent and come back to him? How consoling to the peniteat to know that he can approach his God through an avenue shaded by mercy ? Haw consoling to he holy that they can reach « spot where they know their path will be Cally illumed with that light” which enlightens 911 men who come into the world? Hero it ix that we can agek an atmosphere pure amidst the vapors of pestilence &nd death—when the tempest rages in the breast of man, and the soul of even the ihfidel is agon- | ized with horror—when the pail of death hangs ovar us, and the soul is tortured with convulsion Hike unto the cea, ond when the pailfed countenance of rort ferth his shame, then, oh! then, how beautiful is ‘the honse of ths Lord,” there alon> is a safe refuge te be found. | Oh! when we are about to make the last tottering step to the grave-when we go to be shut up with worms— when the world is about to expel us as unworthy of even is slavery—when our dearest friends make us know 2 Will be scon forgotten, and when oven the ent feels the disgust of nature and prepares to hprry bodies to the cold sepulchre, wherv in that extreme it is only there we can find the roads by which we can safely eater inte eternity, baptism, penance, true confession of sins, what Lo then eats shall raise him up on the last day. A bauquet at which the glories of virtue, the glories of sunetity, and the glories of religion are seattereé around us, notin type or figure, but ip the holy reality of God himself in bly immediate flesh which he offered up for the Kfe of the world, It ix in the wnctuary that he comes to us saying, “Whoever eats of my body shall 7 ever 0 fatigued— if you come to it and Try with what fidelity ho keeps bis promises, ot tf you doubt it ask those who bave come ont from the caverns of «in, throngh the ministry of the church. and have gone forth to attest the goodness of God, which is as infinite as is his Majesty. : ‘The Reverend Doeter pronounced a blessing, hoping reoplo would enjoy the benstits of the sacrifice ever so hungry—ever a thirsty, that , When 9 collect taken up, the pniling in a most spicited subscription, was then concluded, and, after « benedie DESCRIPTION OF THY: CHITKCH. ‘The Noman Catholic Church of the Haly Cross ix buil on Forty second atreet, on the Kighth ant Ninth avenues, Tt is ot brick, end finished, beth in the exte- rand inte man style, ‘The grand trance face ecand . and the great deor i# surmounted by u spire rising to the keight of ene hondre sixty fect. At either wide are two scmllor ty five feel. Ite transept ie chorch has a grand s ith two tide altars cor smaller doors. Over the grand alter is & magalficent dome, In the rear of the chureb, and comtmnnteating ar, are an ample reoms for chiléren, The arr: is one on either side, running house, with a cross gallery on which ia placed the organ, with a place for the choir, ws are fitted up in very neat style, and the decorations, Images, &e., are very claysie and a cost of $20,000, within a } , the famous builder of the Church of the Holy Redeemer, in Third street, and of Bishop O'Connor's Cathedre! in Pittebarg. The sexton, Mr. McGinn, waa very attentive during the dedication, ond particularly so to our reporter, Jersey Cg News, Monn or rax Liquor Casta.—To-day it in expected that further trials of liquor cases will be bad before the Rey corder, Messre. Maynord and Rathbone, who have been tried once vpom several charges, and appealed to the higher courts, will be tried to-day upon further com- plaints. Tho $as0 of Reiney aed Metarthy, which came up for trial last Wednesday, was lost by tho city, on account of neglect on the part of the coustable in making an imperfect return. Pou On Saturdsy # man vamed Josiah Hill, charged with her tna reedah ‘teun wee erat. ht before the a 4 Bowae cceomitted for trial in default of $1,000 badd, and they were committed as witnesses. Marine Affairs. Lavxourp, on Saturday, 17th instant, from Groen Point, 1.,1., the clipper brig Balear, designed and built by Mr. Edward Lupton for her commander, Capt. Filleti. P painting, year, by Mr. John Welei She is intended for a packet between this port end Tam pico, Agente—Shiers & Oliver. ; Be Pollee In ALLEGED CONSPIBACY TO DEFRAUD A MERCANTILE FIRM OUT OF $10,000. > On Friday last 8 complaint was made before Judge Os- borme at the Tombs, against four persons named Jerome B. Fellows, William R. Taylor, R. Finley and ‘Oscar F. Wainwright, for conspiring to defraud Messrs. Booth & Edgar, extensive sugar refiners and syrup manufactur- ers, out of $10,000 worth of goods. The complaint was same iy Oscar Wainwright was also it before the ma- charge tape ‘to them, and de- all tien to bail, to on the alm ap Copel anewer ol e thems. An investigation will bo held touday, ARREST ON CHARGE OF ROBDING HOTEL BOARDERS, Osicers Van Geesder and Crolius, of the reserved corps, arrested two men, named Frank Bennett and Dr. Ander- fon, alias Abbot, charged with being concerned in ateal- ing overcoats and other property from the National Hotel in Cortlandt: street. Some di go 2 Mr. Oleot, belonging to Cicinuati, had his overcoat stolen, and he made a complaint to the proprietor of his loss.” Mr. Seely determined if possible to arrest the thief, and ac- cordingly two of the Chief’s men were detailed for the pu Of ferreting out the offenders. They succeeded on Saturday in arresting the above parties. Bennett on being taken into custody said that he bought the over- coat found on his person from ‘Anderson, who was locked spat the office of the Chief of Police to awalt an investi- gation, STRERT ROBBERY. About 10 o'clock on Saturday night, while a Mr. Hull was standing on the corner of Warren and Churelr streets, talking with a woman, a thief came along, and seeing Mr. Hull’s watch chain glistening in the light, snatched os watch and chain out of bis pocket, and started off at n rapid . Mr. Hull instant! ve the alarm, and the polico of the Third ward A running in West street, arrested him on 81 being the person who had robbed Mr. Hull of watch; but on ns | taken before the magistrate at the lower Police court he was discharged, thore being no evidence whatever to warrant his detention. DANGEROUS ASSAULT. Yesterday afternoon Jeptice Welsh was called upon by Dr. Sheppard to take the deposition of a man named Owen Sheldon, keoping a liquor’ shop at 187 Seventh street, who had been severely beaten about the head and bbdy the night previous, by some persons as yet unknown. The magistrate departed for Sheldon’s house last might. in order to make some in- quiry into the circumstances atiending the dangerous assault. CHARGE OF HIGHWAY ROBBERY. Two men, named Valentine Schell and Fritz Meyers, were arrested.by officer King, of the Fifth ward police,” charged with having forcibly robbed Jamas M. Smith, of Chester, Orange county, at ‘present residing at No. 139 Reade strect, of «a gold watch valued at $125, It appears from the statement of the complainant that he met the prisoners‘on his arrival in this city, and was taken around to various drinking } houses and beor cellars in the lower part of the city; that on his Kaving the cellar of 155 Cedar street, where he had beem accompanied by these men, he was caught by the arma, and his watch forcibly taken from his vest pocket. ‘They then, he saya, pushed hin down the steps and ren off with his property. ‘They were committed for trial by Justice Bogen, Before whom they were brought in default of beil. THE OCEAN BANE EMBEZZLEMENT CASE. The legal inquiry in regard to the $50,000 defalcation of MeGuckin, late first teller of the Ocean Bank, was re- sumed on Saturday before Judge Beebe, at Chambers, in the rear court building, The entire day was occupied with tsking the testimony of D. Randolph Martin, the py re was very hy erode) bad evidence of ir. in is very strong ageinst the prisover, and it reionins to be scen whether a esofaceainination wilt change its aspect. The farther hearing was postponed util Wedneséay next, and the accwad was remanded tohis cell in the Tombs, by order of the Cliy Judge. Heretofore favors Layo been extended to MeGuckin b: the attachés of the police oMce, who were in the babii | of taking turns in walking about town with the default. ing bauk officer. PICKING POCKETS. ‘Three men, named Monly Mokle, Marens Malala, and Jacob Levoy, were arrested WAoMcer Webb, of the lover police court, charged with picking the pockets of persons promenading Broadway The prisoners, on being taken to the Sixth wardstation houre, were searched, and in thelr possession were found « gold watch, three portemon- naies, a coral chain, aud a pawn ticket ‘for a gokl watch chain. ‘They were ‘taken before Justice Bogart, who committed {hem for examination. A NOVEL AKREST. OMficers Moore and. Underhill, of the Jeiferson Market Police, arrested T. Ryrne, of 399 Kighth avenue, on the complaint of James K, Edwards and Albert Laller, who state (Lat the defendavt sold geods al auction, after sun down, and without having samples of the sane open for inspection the day previoas. The Revised Statutes of this State provide, in chap. 17, eee. 53, that the auc- tioneer shall open his packages’ for inspection the day before the sale, and that such sule shall take place inthe daytime. This novel charge against the anetieoneer will be investigated ta-day by Justice Stuart. ATTEMPT AT BURGLARY. Ofizer Riker, of the Sixth ward police, arrested man named William Brown, charged with having made on attempt to burglariously enter the hues of Charles Jackson, 26 Ovange street. Brown was detected in the act of atterpting to obtoin an entrance, and wae arrest- edon the spot by the officer. Justice Bogart, before whom he.was brought, held him to bail in the sum of $500 to auawer the cherge preferred against him. ALLEGED EXTENSIVE EMBEZZLEMENT. oung man of very respectable appearance, named min F. Wriak, was arrested by officer Mansfield, of the lower police conrt, elierged, on the complaint of | Smith & Mille, of No. 11 Boy etrect, with having emberyled about $5,000 from them during hi continu- ance ih their establishment #s confidontial ¢lers. The defendant was brought before Justice Bogart, who de- | tained him for examination BURGLAKY, The firm of Messrs. Meyers &Mchmidt, No. 24 Cedar street, madya complaint yesterday at the lower police court, charging sume persons unknown with having bur- glariowaly entered their store, on the night of the 16th y from uantity of si valued at $400; “Although active soasth has-been inns by the police authorities to discover who the burglars | were, yet no clue to the perpetrators of this burglary has | yet been obtained. | GRAND LARCENY. A woman naoed Mary Anne Phillips, was arrested by the Fourteenth ward police, charged with stealing various articles of clothing, valued at $50, the property of Aane | Farley, residing in Grand street. The preperty was raced to the possession of the accused, and, not render. ing any vetisfactory account of the way it camo into hor | hands, she was cormnitted for trial by Juatice Welsh, o Parex market. Wiltiamsburg City News. Aust or aay: AssarbaNix.-On Satarlay afternoon officers Hainty, Hovemden and Thompson arrested a Ger man butcher named Peter Myers, ond another who re- | fused to give his name, at # honse in Skillman ateoet, chorged with being the assaflents upon Aldormen Luy ster and Meekim. They were both considerably bruised in the frecas, and Myers had © severe ftosh wound in his thigh, which it is supposed he inflicted apoa himself in the ecutile. They were locked op to awult examination. Meekim appeared to be somewhat casicr yesterday, and thofe is a posaibility of his recovering, He roceived ibrew severe stabs In the sido. Dnowxt>—Svereiow ov Fort, Pray—Frauy Compayy Consorep,—Yosterday, Coroner flanford held an inquest onthe bedy of an old mat, named Thopias Jurney, who resided in Ridge stroet, New York, who was drowned about 8 o'clock aturiay night, at the Grand street fer- ry. ‘The jury rendored a verdict that deceased eame to his death by falling from the ferry boat Minnesota, wt foot of Grand street; and it is also the opinion of this jury that the Williamsburg Ferry Company aro con- aurable for not providing proper means to rescue per- sons falling from their boats, as was shown from the testimony of the pilot, dock’ hand, and engineer of said boat, that none of them knew, of their own know- leége, of any means being on paid boat by which the: cow resaue the passengers who had fallen overboard. The cause of the ceasuro was, in consequence of de- consed being overboard about 20 minutes & beat hook could be procured to get him out, during which time the body ted on the water. Suspicion of foul play was caused in nce of # man having been seen on the bow of the boat by the pilot of ferry boat at the instant tho splash heard. jis man, In answer tothe pilot, said he kuew there was & wan overboard, and immediately went ashore without raising an alarm, and has not since been heard of, ‘The alarra of fire yesterday morving, at No. 78 Grand street, was ‘canted ip consequence of the atove pi having been inserted into the blind flue of the chimney, which caused the smoke to issue from all parte of the oof. The citizens of Greenpoint have ostablished a volunteer night watch to protect themaclyes from the ingiauatiog waupers of burglars, LAW INTELLIGENOR. United States Circuit Court. Before Hon. Judge Betts. LARCENY OF MONEY LETTERS IN THE NEW YORE POIT OFFICE—OONVICTION OF THE PRISONER. Duc. 16,—The United States vs. James Fitsgibtons.— ‘The Judge gave his decision this morning, adverse to the point of law raised by Mr. Tallmadge yesterday. He said that the act under which the indictment is founded has two provisions, one for secreting and the other for stealing letters mailed for transmission. (The Judgo read the sections.) & is sufficient in indictments of this description to employ the language of the statute, and though the circumstances adduced on the trial were familiar to the jury, the Court would recapitulate them in order that they might understand the law that he would apply to the case. Having reviewed the evidence the Judge said that every fact was clearly proved against the prisoner, but the defence taken ix, that he was not within the statute, asthe packages wero not intended for transmission by post. (Reads the section.) It is obvious that this construction of the statute by the pri- soner’e counsel, cannot be maintained ‘o that extent. Suppose the prisoner had been teen by Mr. Holbrook to abstract money from a letter, and that ho then destroy- ed the letter by fire, so that na evidence of where it came from, or where it was to be conveyed was left, it is still clear that that would be an‘ offence within the meaning of tho act of Congress, What Congress meant was to throw the protection of Jaw over ell letters that are mailed, and if a letter were abstracted from the box im , it would com . ‘The act of Congross, no doubt, meant to cover all letters intended to be conveyed by mail, and it in supposed that those letters, being thero, were’ intended for transmis- sen. These letters were not only intended to be con- veyed by mail, but were conveyed by mail—one had heen conveyed from Bridgeport and the other from New- ark—and if they had been robbed from the mail on (ransmission, the offence would have been as high as if it had been be Sg letter not mailed the purpose of detecting the frauds amongst the off@rs of the tablishment. The act of the prisoner is in no way m gated eg the fact that this was.a decoy letter. In 7 Place, theso letters contained value. If persons placed their silver ware in the way of their servants, and it was stolen, it would not be considered a donation to the thief, nor would it be a less crime in law because the owner had ut” his property within the servant's reach, ‘Tho eanptation to him does not retiewe him from the respon- sibility of the act, nor does it restrain the hands of jus tice, which must be used—not for the purpose of restoring the property to the owner—but for meting out the law and re if possible, the recurrence of similar of- fences. The Court thought, therefore, under the first section of the statute, the prisoner is amenable. There is another count in the indictment that the prisoner stole the contents of these letters, The theft ia beyond all doubt, and the question then is whether they were intended to be conveyed by post. Tyg Court thought there was no doubt that this party wal brought within the meaning of the act. ‘The jury, were bound by the facts to find him guilty, aud in the oot of the Court on the law the prisoner comes within the moaning of the statute. Mr. Jallmadge, for the purpore of having the ques- tion decided, took an exception to the judge's ruling. The jury, without leaving their seats, found a verdict of gly, e prisoner's wife, a young and pretty looking wo- man, apparently shortly to become a mother, was seated by his side, and was deeply affected by the result of the verdiet, which must separate her from her husband for along period of years, Mr. Tallmadge asked the Court to defer sentence for the present, as he understood that Mre. Fitygibbons was near her confinement, and it would be necessary for her | husband to make some arrangements for his unfortunate family, The Judge said, as the sentence must necessarily be a severe one—imprisonment for a period not less than ten yeors—time would be allowed, and the sen(oice was de- ferred until next Saturday. The Court adjourned to Monday morning. United States District Court-—In Admiralty. Before Hen. Judge Betts, Due, 12—The United States vs. The Steamboat Catherine. ~Libel in vem to recover a pewalty of $500 nater the act of August 80, 1862, on the allegation (int the steamboat had trausporied passengers within this harbor withow being provided wit « iife preserver for each pes ‘The boat is a tug, erple this harbor in te Nightering vessels, 9 ying fre Place around the waters of the city and ils vicinit the 80th of September, 1854, she was employed to the luggage of em nt parsevs ship moore: in the Mast river to.t Railroad dock, on the North river of the officers ¢f the )yat, and agains! their expr hibition, severs! emig aut passe umped on and persisted in vuing with the on the bo: The point in ecutestation © Tug Be ployed came within the prc curred a ponalty-in not being provi server for each person #0 carried. The court, om exami- | nation of the statute, &e., held that the involuatary act of carrying passengers on the tug on the occasion would not subject the o to the penalty created the statute; and held it questionable {f, under the py sious of the section I2of the act of 1862, t could be app! ed to a steamer ordinarily business this boat pursued, certificate of probable cause ‘i Herman 7. Livingston vs. The Steamship Teweas- Lockwood ve. The some.—The stipulators ned Court tokave their stipulations discharged, aud the 1 re-delivered to the custody of the Marshal, e the day after her being bailed by them sie was | again arrested on other process, and ever after remained } in custody of the Marshal. The Court, on a detailed statement of the facts and principles of law, held that the petitions be granted on payment of costs. Hovart Ford ade. Matiev Licasso. case came up on exceptions toa port, estimating tho damages occasions ‘The Court: held that of reference, go be- had been | sustained. At least nominal damages must be awarded: the damages were. doubtless, trivial, and hada small sum been tendered in the frst instance, the probably have been for the reapoaient. fe contested the case throughout, he must a consequences. The vesset inj the Court does not compe: Po" loval courts or lox thetr cost. It ix act of February 26, 1860, whether powex to order. summary costs, amount taxable under the stetule., Exceptions over ruled, and decree for libollant for $70 and costs. The United Stace vz. The Seamioas Manhattan.—This vessel was libelled for a penalty of $500 for running without carrying, in itwation on board, x | certified copy of the roval required by the act of Congress of A . The owners of | the bost demurred to the libel. The court discussed at | large the legal points raieed by the pleadings, and Tield, | first, that an action in rem could not be mainteined | against the vessel for the offence alleged; and, second, that no more than $100 penalty could be enforoed, if the ing and Wi front prace to On rey from # passenger Withuut the cons by 2 cot jon. the party could not, under the orde Lind the decree and prove that no day the injured’ being a foreien one, e owners to prosecute in the ybtfal, since the is Court has the mitigate the foll i] offence proved. Decree for owners on the demurrer, | and certificate of probable cause of selzure. i The Cnited State. Thirteen undies, trunks, be. of | merchandis is was a Libel of information, claiming | forfeiture , chiefly weaving apparel, bedding, | Ac., of emigrant parsongere. Th Kbel alleges the goods | were of foreign growth or manufacture, were dutiable, + and were hnperted into the United Stater on board the | Dark Allred ivem # foreign port, ant were fownd by the | Coliegtor, on the arrival of the vessel ia this port, con coaled on beard, and that no duties had been paid | secured to be paid, thereon. The answer denied th there was any concealment of the goods. Both parties gtve evidence upon that isane. The court held the go- pot sustained the affirmation, and also that jon (a put the importation upon the manifest not subject these goods to forfeiture under the 68th section of the act of March 2, 17! Judgment for the ler tbat the goods be dolivered up to of the duties ascessed upon the impor e of probable cause of #2 ‘ * 5 boat and ca: ne North river, lost boat was at the time in tow of and ata distance of from 150 to A great amount of testimony was tal gament wade upon ite bearing and 5 held that the cave rested wholly upon a point of fact, and that the evidence relieved the Commerce of Dlaue i ual beat, which reeeived the in- rdered to be diumisred. . iam Whitehead ve. the Steamboat Tempest.—The libel seeks damages against the steamtug Tempest, upon the allegation that she was guilty of negligence or want of ekiil in towing the libellent’s schooner from her an. chorigeontho New Jersey shore to the foot of Migh- teenth street, on the Bast river, whereby the schooner Waa run upon & reef of rocks and’ received great injury. The answer denies all want of care and skill in the tow- Qge, and avers that the ledgo of recks upon which the schooner struck was hidden under water, and that the aceldont to the schooner was caused by the sudden swell and fail of the water affected by the passage at the time of two Jargo steamers rossips past towarda the Sound. ‘The Court, upon consideration of all the facts and law of thecass, held that the steamrtog wat not reaponsible for the injury received by the schooner. Libel ‘is- mnisees. comer Indians, yaris in her rear. and ap able at t. The Court Marine Court. Befors the Hon. Judge M’Carthy. IMPOATAKY CONSTAUCTION OP MERCANTILE CONTRAC— “TORS WHEN MADK THROUGH BROKERG, Dro, 15.—Lrnet Cacet ve. Carl Spielmann and Roinald Kitrz.—This action was brought to recover $500 damagos for the non-delivery of nineteen pipes of gin, purchased of defendants through Hayward & West, brokers for the plaintiff, on tho 23d day of November, 1864. The defen- dante ret up that they offered to deliver the gin, and that t fall; with the terms of the contract. It topearee ia Waat om tse 9d of Movember lest, | ed the whole contra | 78, 2 PRICE TWO CENTS. & contract was made with defendants by Hayward & Westy v8, who were employe! by the pleinull for te purchase of nineteen pipes of gin, at $1 1234 yer aplioms) Bett cash, dut to be deducted, and 5 per cont. Seda: 5 ne als to ag ig in bond, — house guage ly wantage. it defendants called upem intiff in the afternoon of the day of the sale, ~ and CRS acd with some papers, (but no transfer of the tiff on the entry was produced the defendants, ) and demanded t for the gin; ‘thet the plaintit’ retase em at th a i to pay them at that time, but re- wuested defendants to leave the apaners for few days, for examination, and if found right, & proper transfer made, the gin would be paid for. The defendants thereupon took the papersand wen’ away, and after- wards refused to deliver thegin. Thegin had advanced value from $1 123; to $1 35-100 on the pg nlm peri t= om « ad of the papers, complied w’ contract on part; they were not bound to have the; transferred aftec that day, insisting that it was the pl for the gin on the very day of the sale. that the inti was entitled to reasonable time exunine the Property and the title to it. rand before 3 P. M. on the day of sale was unreasonable, and that, to entitle the defe: its to succeed in this ac~ a ane should show AB ankle Soe €: caused a proper transfer to to be made, and the papers ones executed, to be se their behalf, which they omitted todo. Judgment plaintiff, $500 and costa. THE TAYLOR SALOON AFPATR. Birdsal vs. Taylor and others.—The following is the decision of his Honor Judge McCarthy in this case, a- realy reported :— The Court in this case held that the false iny - ment as against the defendants other than Taylor ad- mitted of no Lge upon the evidence, That the law did not require that a man should be Rayo al! nor overawed by manifest superior physical force. That the defendants could not set up an inefficiency of means. at their command to carry out a design to restrain the wee illegally of his liberty as a detence to the action; hat the cause of action was fully made out by the slightest exercise of physical force to carry out suck illegal restraint. The Court further said thatas the evi- dence disclosed this restraint to have been exercised om the premises of the defendant Taylor in his pi and by his servants there engaged in hix business, with his, at least, tacit sanction, he became thereby a arty to the trespass. The circumstances, said lonor, need but be recapitniated to show the applice- tion of my remarks to the defence set up. The plaintis® and a friend entered the refreshment saloon or restau- rant kept hy the defendant Taylor on the corner ef Broadway and Franklin street in this city. ‘The other defendants were there in the employ of ‘Taylor. Ita. pears that after partaking of some refreshments, charge for which was fifty cents, the plaintiff offered im payment a five dollar bill on the ina Rank. The clork or waiter to whom the same was tendered, receiving the bill in payment, saying, the bank was “shaky and might break ina’ few days.’ The tiff replied that he had no other money, and ¢: ed $100 in Dilla of that bank, which he stated be had received from Judge Beebe, and finally, atter gi his name and address, after some further talk, cd, without the bill having been received or payment of the fifty cents made, to leave the pre and at the door was met by the defendant Me- Nally, who thrust his body against the plainti(’s, and refused to permit him egress unless he paid the centa, or left the bill without receiving change, w! last the plaintiff refused tod. ‘The defendant” MeN did this ‘at the direction of the defendant Pierce, while the parties were in this attitude towards one another, the defendant Taylor camo up to the scene of disturbance, and after some conversation with the par- ties, permitted matters to remain in statu quo, without any interfercnce on his part to cause or procure the re- lease of the plaintiff. The defence, on the trial, claimed as their first point, that the plaintiff’s tender of a bank bill was not good, not being specie. I hold the objection late, they should have made that specific objection at the time. As their second point, they insist that under the English Jaw an innkeeper has aight to detain the person of a non-paying post until payment. This ie bad, first, because ‘in this State no man can be soned for debt; and second, because the defendant, i. lor’s establishinent Is not aninn, That the defendant Taylor ghould have availed himself of his own which were to require payment in advance, or to have fought his remedy by action to recover his debts, aa ‘efendanta every other creditor is compelled to do. The é are equally guilty—we cannot discriminate between their guilt, for though periaps Taylor's interference with the pluintif?s liberty was not as active as that of | the other defendants, yet it was enough to hold hi and one word of his would Lave ended the imprison at once—he in fact should be held equalty Foaponitigg and perheys move ieprehensible. Considering the paime ful exposure to whieh the plaintif was subjected on» erowéed thorougt with aconcourse of his fellow citizens drawn around by the incident, witnesses of tie ‘ation, aud the Hiabili y ef any one to be placed im lar p went, | feet compelled, by way of cau- tion und example, to give exemplary damages. Jndg- ment for the plaint qot all.defendants, $250 dama- ges, with costs and ances, Supreme Coust=spectal Term. Petore Hon. Judge Mitchell. THY ki PAVEMENT. | Imo. 16.—Bees & Reid vs. Flagg, the Com Lhi= was a motion for an injunction torestrain the relosaw tract, and they made a antount, whieh he r pey unless they surrender- , Which, from their depressed state, they were obliged to do. They now show that the exeeu- tion of the release was extracted from them by the fear i upiey, as they folt that unless hen duo thom they would have sf, and iat but for thal they would not have surrendered the said vontsect. Mr, Dillom, Corporation Counsel appeared for the Comptroller in opposition te the motion, and the court reserved its decision. Superior Court—.Geueral Term, Present all the J 2 Dro, 16,—Decuions.—Daniel ©. Mason agains George jy.—-Motion denied without ¢ ue W. Costar ayoinel the N cand Krie Rate pany.— Ordered ne Sustendaal agains! Albert Reinhardt,—Order- tied. #, Nesbitt against James Stringer.=J @ amd new trial oriered, Costa at sidan setae Jeveryn Bruyn against Alerander Dennistoun—= \gment reversed and new trial ordered. Costs te Phillips against Henriette, Burr.—Complaiat missed av to both defendants, with costa; am lore plaintiff elect to take jud inst Wi alone, in which case it must he Burr with costs, such election to he made within days after votice of this judgment. Samuct Wesicott against Alecander N. Gunn,.—Motion for new trial denied, and judgment for plaintiit on ver- dict. Court Calendar—Momiay. Usreen Stamnes Drarrsct Covrr.—Nos, 77, 29, 38, 34, 35, 36, ST, 39, 40. Svrmun Covnt—Cirenit.—Nos. 2563, 691, 319, 687, 1049, 1118 to 1118, 1121 te 1126. Srvcian Trem—Nos. 119, 120, 129, of part 2i—Domur~ re—Nos. 1, 11, 14, 4, 22, 23,'26, 27. Yart 24—Noa. 1, £, 5, 10, 1A to 19, 20, 21, 24, 97, dz, 40, 41, 42, 44, 4B, 3. 49, 60, 5. 1659, 470, 545, 088, 1184, 10 10, aet, 1a¥8, 149%, 168 1443, , 285, 286, 539, 1188, 56, $5. 27, 190, 320, 40, , 920, 714, 702," 793, 943, 419, #, 648, 2,'128,'502, 400, 1226, 12295 The Pacific Railroad. PROCRAMATION BY THE GOVERNOR OF THE STATS O® TEXAS. Whereas, the contract that wae entered into between the Governor of the State of Texas of the one part, amd Robert J. Waller and T. Botler King and others, of the other part, on the Sist dey of August, 1854, for the com struction of the Mivsixsipp! aud Pacific Railroad, under the provisions of ‘an Act to provide for the constrae- tionof the Mississippi and Pacific Railroad,’ approved Weermber 21, 1859, has become nail and void, by the failure of the said tontractore to make the deposit of three hundred thousand dollars in gold or silver, or evi~? denees of debt of the State of Texas, or other ood par rtocks, as they were required to do by the terms of said act and their contract; and whereas by the terms of act, it is provided that in case of such a failnre, Governor of said State is authorized to enter into aa- other contract a# mearc as may be in the terms of sald set, with any other company or individuals, for the con- struction ef ¢aid road, Now, therefore, notice ts hereby wiven, that proposals from companies or senvitesia wilt the construction of said road, in accordance provisions of said set and the lhws of thin State, received at the office of the Secretary of State, of this State, until the firet day of May, 1808, Said proposals must spec, the time at whieh the work shall commence, the number of miles to be finished and pieced in running order within the fiat sighicon roontbs after the comtract is entered into, and each year thereafter, and at what time the entire road shall be coropleted, together with the amount proposed to be de~ posited in the Treaeury of this State, act to the terms of said act, to be forfelted in cane fifty’ of the months i road shall not be com} hteen the timo of ente into the contract. Said Image sealed apd diseoved tc aie Secretary of Beate nn, Texas, jorsed + Proposals for the struction of the ‘and Pacific Railroad.’” selection from said be ae early practicable, oftes Ba, of May, 1865, < pany or individu: oired into a contract Sith the provsone of sid at nd te am of We a Ea een tastmony whereot 1 have oot my PEASE, By tho Governor, Br Houzann, Acting C3 Muxtcax Consui.—The oil. Nyoeguieed Francleco Erdonaia oa Ovtaal of the of the plaintif’» contract for og Vark place and the Powery up to Unlen equ Ex.Judge Fdmonde ‘ | sppe x8 counsel for the plaintifis. It appeared that the sui of $35,000 waa due to Russ & Reid on the com-