The New York Herald Newspaper, August 11, 1857, Page 1

ht i THE NEW: YORK HERALD. — WHOLE NO. 7649. ‘MORNING ED1‘ION—TUESDAY, AUGUS THE SURDELL HEIR. Justice Davison Decides to Commit firs, Cum Bingham (to the Tombs, and Refuses to Becelve Bail. ‘ A WRIT OF CERTIORARI EXPECTED, Boy dee, Cad SECOND DISTRIOT POLICE COURT. Before Justice Davison. ‘The decision in the osse of Mrs, Quantngham, on an ‘application to ball, aa delivered by Justico Davison, pro fuged 10 tittle excitement and @»ecuiation among the sevens of the City Hall, The rcfusal of the magistrate to admit ‘he accured to bail was a piece of news entirely un jeoked for. The genera) cpieion was that bail would be jaken, but tbat the amount required would be too high fer e woman of Mrs. Onnn'ngh*m’s influence to obtain. ‘When, however, {t was ascertained that to the Combe she thoald go except released by the writ of certiorarl, there was no ond to the opipions expressed in reference to tho iagality of the decision. The f-llowing 19 the decision :— The defencent in this care is charged with 9 viviation of the statute agaiuas tho fraaculens produciag of « provended Deir (2d RS 8€l, e901) Phat che facts proven vefore show probable caure of # fraudulent exhibition acd pomersion of u chi'd there leno duvvi. The accusea puis ee ibe 8) of gestation, anconnces herself with ohild by De Burdell, claime to be his wife, eoeabe of ite ‘being born ‘0 take bis propert: lates yreguancy and abet, provides all ie paraphernslia of obligbirib, end le feond in reescrsion of an infant proved oonciusively to be to another, which she exbioite to «be very ‘was her lawful, ligitimate child and as the child of Dr. Burdett, ber husband. I do not a:tach imporance to (be quertion whether rhe was aewualy with calld or not, as im any ay c npected with th) corpus delicti; a WO wan might .sctually be oregnant and be deliv euth born ohid, apd simul produce @ fictitious ome, as tbe ch id of parents andor the statute, and yot be amenahie to ite punishment. The sham preepancy sad sham delivery are only valvable as scrong evidences of felonious intent, and are not of the esrence of the ertme Do these facta co within the statute? I wink they make out the e under the Re ised Matutes cost nded for by the Detrict avorney, and for theue reasens. The crime copaie¥ of three f L Frauéulently producing « child. 11 Falecly pretending 1: to be born of parents whose ohild wonld be entitled to sny share of persocal cetate or to tmner's rea! eatate. IIL the intens of thereby intercepting the proper distri- ution or descent of such property |. To produce”? ia defined by Webster. 2a “ Scbdivi- to te public;’ and he quotes ewift: Your parents toby of apeget bo much into the world ” ¥ La idl tee ee uy He ile F i i § HE cit ils it Hl i i «3 i ad $B | Eg g i 8 a 2 : i“ i s i : : u ea ne aarl aeaph tie i He if pl & 4 Hy if E re A i 4 { i i Tee magistrate then made out « full oo! ire. Car pingham, of which the following \s a copy: — Sacred District Police Court— B+ William Le Davinoa, Beq.. ome of he Puli @ Je fork: to ibe 10: Hoemes an t evn: the Keeper of the city prison, of tne said o.ty — of New York to name of the poole .of the Stat Sgimand ya, ‘be nid pollonmi-a and cvgetabi-e and every to convey to the aid priaow. the body of Kmma 8. B: 0 bers ine ham, and deliver her tot aid Keener. ar hereby commaniee ty in the sald prison, the bedy of the who sian ta ¢ <atlin and (ay or Angust, 1857, ot the cy of teoeire yo your curtory Said Broma A. Rordell othereine | * sharred before mo, op the oaih of Samanl ing. 00 the share of farrer Burdell dacesred. wih the intent of in eresoting the of such ald esta. or the dis'*vution of such per sonal property from the pers ns lawfully eri led therew; 4 ‘bat you safely herp be ssid amma A Burden wine Sur singh mio. your gnetoday in ine sald prion, without by due course of Inw. z 5 E 5 H 5 db turd her unti) the Supreme Coart bas decided the jues- will be srooght up on the writ of cer. the decision of the Police Court is con- }, ‘hen the oocupent and would be mistress of No 31 I hay: to take ap ber quarters in the Tombs @ e0on as she ebal! have recovered from the serious maia- dy with which sho is now ailiicted. LEGAL VIEW OF THE CUNNINGHAM FARCE, TO THR EDITOR OF THE HERALD. If we are to live in a civilized commanity we must not only maintain the laws as they are written, but we must ‘msorpret and epply them according to the reason and ‘epirtt of their design and the object of their enactment. ‘The Bond street drama i@ just one of those astounding (eenee wherein overy device of sophistry will be broughy \mto play, in order to prove the ingenuRy of some special pleader, who cares litte whether justice stands or ‘ails, if he tut succeeds |p setabl hing bis point As we would avert the partial or complete anarchy which must inevitably eucceed the continued suppression of justice, therefore, by whatever means accomplished, it Decomes the duty of overy man to interest himself for the enforooment of Une lar. in ite broad. fair and j ust intention. ‘Thore # no court of inquiry more open to the full and fair hearing of all sides of any question than are tho columns of the Hmzare am Jed, therefare, by thisfoon viowlon, and the intense interest which I, as one of the Sommonity, feelin the protection and vindication of ha man ae weed Se J observance of the th orher hand, to offer a and defines the offence of which she stands }, and which mea @aree the punishment |t deserves ie eiready familiar wo the we Amman, — Beery who shall frend vent) PY | veneding ito have heen born 8 Sata eit late o Scere : "i Pray carb rect satste, oF whe diatribe prvtnoe parente Sonal property from any person iawfu | Seu shor cruriction be pusished: by imp prion pot sroerding ten years Now let me fow questions, which place tho matter ineuch « light as that every ace at a giance ‘00+ itabie conclusions at whi lege! common sense arrive. Firsi—Did not Mra. Onnningham ‘fraudulently produce ‘am infant” in a case thon involving !nheriance » 7. when, by ber counse! {n open Oonrt. for the sole purpose of influencing the decision of the Gourt, ahe declared hersolt o cein!:’ Becond—Was the birth of an infant emsential to ite pro- dnetion in Cour? You will fad all authorition oa the potpt that the birth of a child ie not oasen ial to jus ro- Comnition in law, Binokstone (1, 180) eaye:—''An infant in Dany percent Tras ia iw we be born for many purposes,” he goes on to say it may Rave & irgncy made to or « surrender of oxpyhold sntats, or haven pnath Himited to Ite ane, oF May even dave a guardian ani; to it, “os if it were Sotuaily born.”’ The otvil inw ie also explicit on the Qui tn lero tune, tm jure civile intelligunter in rer natura este, cum decorum commode agatur, (FT. 1,6, 26) H That is, simply, has she not pre parents ag would tended that this obild was born of suck Fourth— What was the she not thos falsely * tent of pe ooo imberitance? Had she any other design than that of ‘+ lawfally entitled thereto?” ceived and carried on to eres the “aistribuiion’”’ of the by} Proper aa there be throughout @ more divect aud glaring <- ggacllaa vo.y letter of the law than this cane presente! Aword on {pterpretation of law, from the Great Com. mentator, may bh re be use’u!:— “The fairest and moat rational method to interpret the will of tbe Legislator is by exploring bie tntentions at the \ime when tho law was mado, by tigns the most ne‘ural apd probable. And these signa are aither the words, the context, the subject matter, the effects acd consequenves, or the spirit and reason of the law.”” (Oom. Ly Oe ; ) Whe Yacht Charter Uak. i ERB ARRIVAL IN BNGLAND—DE£SORIPTION OF TEE ‘VESeRL. Cur advices by the Indian, at Quebec, !nformed us yes terday of the arrival in England of the American yacht Charter Ork, which sailed from this port in Juue last for Liverpool, under command of her butider and owner, Kr Charles R Webb, of Stamford, Connectiout. When the Charter Oak was at the foot of Pine street, New York, the ‘ERAD contained a full description of her, which we re publish this morning, ‘n order to gi atify the ‘nterest our readers must foci with respect to such « little vessel which has successfully performed the hazardous feat of crossing the Atlantic ocean. The Charter Oak ‘s sloop rigged, and her Lines, judging from the way she sits on the water, are everything thet could be desired to ensure speed and bearing. The ‘ol- jowing are ber dimensiona :-— Her canvass consists of mainsail, 1 ying jib, gaff top- sail, squaresail and studdingsall—spreading in al! 900 yarda. The bull is built of white oak timbers and frame, with bacmatack knees; the desk 's of white pine, and the ceiling yellow pine. Bhe was built, is owned, and was sailed by Mr. Charles R. Webb, a native of Stamford, Conn., and « ship carpen- ter by profession. He informed us he ‘s only twenty. seven years of age, but he looks muob older, for there is an air of experience about him, much of which has doubt leas been acquired during half » dozen voyages acroww the Atlantic on board the Phe-nia, one of a iine of Liverpool packets. Tt ts steted by the telegraph from Quebec that the Char- ter Oak reached Liverpool with only two mem on board, Dut prier to bis departure Mr. Webb intended that bis crew should consist of the mate, Mr. William Andrew ‘Tucker, two seamen and a cook—five hands in ail, tnclad- {pg OMcere. He carried out provisions and waler for Binety days, safely stowed away in the poop cabin. This epartment is considerably roomy inside, and ocntains eight berths, a cooking stove, coal bin and cask ef water. We believe that Mr, Webb finally sailed from New York ‘with a crew of only two men. ‘The Charter Oak cleared from this port on the 20h of Jone, and was spoken at sea on the ith of July. Respite for the Portuguese Sailor John Smith. ‘The United States Marshal, Capt. Rynders, yesterday received a telegraphic despatoh from the At orney General ‘epnouncing that John Smiva, the Portagueee sailor, cou. vicied of murder on board the brig Geseral Pierce, had been resptted until the 11th of September next, and ‘tbat the Marshal would receive the official orders by mail. ‘The Marshal procceded immediately to the Toubs to eam municate the ‘act to the condemned man, whose execution had been ordered for Thursday next, the 18th inst. Smith, on being called out from bis ceil to see the Marsha!, bound od ont with agility and spparent lght-boartedneas—ocer. tainly very unlike & man sentenced to death. He shook ‘the Marsha! warmly by the hand. ‘The Marsha) said—‘Smith, | bave received a respite for you for one month.’ ‘Smi:h, tremblizg from the sudden effect of this {ntelll- gence—'Oh, thank you, Marshal; you have been very wind.” ‘The Marshal—Not at ail, Itis my pleasure and my duty t be kind; and I always endeavor to make every thing agreeable as possible to persons under my charge.” mith then proceeded to state, im broken English, that he knew nothing sf all about the captain's death, and that only stabbed the cook (colored man) in his own do fence; that the cook had a large knife ‘a his hand and ext him (Smith) with it. The Morshal—‘‘Well you have now got a respite for one month, and ip the meantime the President wil! inquire into the paruculars of your owe.”’ ‘Smith looks fat and mach better than be did on the i!al He asked tho Marshal if he might bo permitied to waik on the corridor occasionally, Toe Marsbal sald he bad oo ob; if it di4 not interfere with the rales of the city The who was in atoadanoe raid be would 08 ta should bave ap occasional promenate oa the corridor; and Mr. Gray, the warden, sure-quenty pro. mired the Marshal that this in iuigence ahoula be grauted the unfortunate prisoner. ‘Smith re entered his cell Much affected by the in very te'l'gence of the respite, and gra ofully thanking the Mar rhal for b's kindness. We under that the Marshal has ordered the unfortunate convict additional rations \o those allowed by the city priton Awful Murder of « Sew York Gevtleman in Rew Urieans, [From the New Orleans Pivayone, Angast 2) A Most delive ate and revoling murder wae committed yeeterday afternoon, at the eorner +f Canal aod Dauphine Mtr eete—doli berate, the W reghtorod hmiself by his proper name, with the ad dition of “and lady’ Afterwards, a man who had been several dayr at house was req :eeted pame, which be did immea! » Deequertly he beard that a rtory bad the «feet that he was passing by two names be eventually traced to a boarder at Mra Leato's, George @ Backwood who vas recently — dry prods clerk ine on Canal street. self agerioved, Mr Wright complained a ded story, snd Black wond on/aed & falsehoo’ concerting bin. This state of thi: ‘ed to one or two interviews, andon Friday, {tls said, Black wood watched for Wright on the street, but failed to meet him Thos mate am y iy, whee Mr for bie Blan’ from the office ov's Exoress dinner. baby LS dinner it was we ‘ent down stairs, and as he stepped on the sidewalk Black wood met bim, and asked him if he would ‘“ tak: Packerood walked off in the meantimo, but was ine short time purrucd aod arrested, and Tn dS ng and © On the toy of Mr. Wright an inquest was verdict wee ventered setouting Coot tan eka ren ie murect New York, and bot vight wane s , twenty four years of ago He was s ala mao, far gone in conte mption, and was but asa child im the hands of hie amelart THF STREET COMMISTIONER TROUBLES. ‘The Conover Contempt Case—Points on Mo tion for an Attachment for Disobeytug In- Junction, COURT OF COMMON PLEAS, Before Hon. Judge Ingrasam. The Mayor, Aldermen and Commonalty of ihe City of New Fork, against Daniel D. Oonover and others —At the opening of the Court Mr, Field continued to speak on the pointe which appeared in the Hmaap of yes terday, and went into a close examination of ihe testimony ip the case, to show tha} the search warrant was out of Court when Mr. Brady made the announcement of the in- junction, and (bat to establish the contrary It was necersery to prove Mr. Brewer, Mr Conover and Farrington guilty of deliberate perjury. He contended that Conover was not responsible, even if the lujanction had been violated, which he denied, Sor he did nothing pertonally towarde eresut ing the warrant, and he had no right to interfere with ihe acts of the constable. If he bad dene so he would then have cone tbe very ant onarged upon him; but he abstained from all interference and paid the humblest deference to the order of the Cowt, Brady rose to reply. He said—If your Honor 'y much to be regretted tnattn cave there sbould bave been exb: hited by counsel on either mde that kind of feeling which may be considered out of taste, if nothing else. Your Houor was often amused if pot tpauited by reference to topics having nothing w do with the case. The individual who just sat down, and who out of the couricey due to courte, 1 wiil continue to cal, my learned ow bas frequently during his argu- mert expressed greatest respect for your Honor, though be bas not shown mech respect to ths other mem. bere of the judiciary. What passed between bim and me I will pot fe lime to potice, but if te relaiion he occupies towards your Honor be that of an acquaintance ora friend, I hope he wili '@ that he is honest, aincere and trae. if 1 have single word wasuised to this I take this occasion to ogise to your Honor, to feviow citizops and to my learned , for whose vod opinion I have more regard than for all the mobs, whether educated or uneducated, tha' ever exiated. Waen judgment comes to be pasted upon the charac'er and con. duct of the senior counsel on the other side by mombers of the profession, I wili be conten’ w tb ihe result, for | never knew an instance in which the last \udgment of the bar was wri Tsay this ar akind of cxtenuation for all I may have done op eaid; and | wil) no proceed to troat of tbe matter on which your Honor ‘« a: ked to decide, and the testimony, which you cangos refuse as a trustoe of tae Jaw and the peeple to see that the mandaivs of the court are obeyed; thas po counsel, whether oid or young, and no constable willing to do his mean lohests shall be per- mitied to violate counrel who has just spoken ha» expressed his contempt of the judgments of the tribu- pals. He has alluded to the Broadway Railroad case and the Passmore Wi! ‘amaon case in language very far from respectfal. But this is not surprising, for there ‘s all over this land an organized association of men, at the bar aad elsew bere, who are striving to make a!) laws and constita- tons subservient to their own hopes of political or jagicial distinction, and look upon law as 8 thing to be trampled or spit upon. And if over they get command of the govern- ment—which way God Almighty forbid—I expect to see 00 of these oe. Nog grave face, higa priest of pew and stalworta sman th execuionee, “it Brady then asserted thas there was not a court n the State that could not decide the title to office; the contrary .dea, which seemed rooted in the head of bis opponen:. was more {i tea for an insene esylum then the temperate atmoephere of a court room. He proceeded to deal with the technical Ingenuities by whi >sb the respoa- ibility was sought to be shifted from the shoulders of Conover, in spite uf the bold assertions to taxe all tne re- sponsivility. With all their boastirg counsel wore as frigbtened as wounjed wild ducks when wero throai- ened with the punishment they deserved. Conover be bad no 8 but that he should be deluded and pop | to retain the apartments belong city of New York. Gee pend Geen Dae Ls the days of our childhood vanced indeed, in the ry i i 1 [ | i kept ’ % i; ge Fes is f ki ES Bef FI i § : Fei i E i : § $ H i & EE & i*s B i FE 5 z g i EE ih H 5 fa f i 25 HH £ i E HH ii Fee i i ni fet mage Ma BEES EESE URES ints | i i Pencil Now, I never in my life abused a whole class unqaall- fleoly, Inever abueed New England for the degeneracy of one of her sopa, por certainly [ never abused a whole nation becauee of rome fancied alight recetved from one of iw corcencapts, When the learned gentleman nadertook to tay thet any feeling of coansel on Gs aide sprung from any slur thrown ppon the land of thoir birth, bo stated what was utterly untrue, I bave too much appreciation of the Irisb character, abused and maligned as it ie, wo suppose that anything this gentleman could asy would die. parage 't The feeling arose from another cause, and It is tometh'ng 1 never #1) forgive—questioning the veracity of a brother lawyor in statements made on oath. Before [ would mage neue with « geotieman who made an oath, {0 would commit the |»west aad the tw tpe law. It was voprofessional in anly, and if ever I hare time and wil) do 80, even at the hasard of led to divcuse the ‘bat the contempt was comait- It igh seem har Bard cruel to cast Mr. Conover into prison, though not mewe crue! thas it was to put Dev. lip there He thought that !f Conover consented to reatore the books be nac tken, and acknowledged that be did not intend to violate the Injunction, he might be released all penaltion. In betaif of bis associate, Mr. tockles, id eay that the insinoation of the learned gentle an, with reference to putting Judge agawet Jadge, was only ope of the methods that gentlemen on the ovher tide adopted of showing reepect tol ls Honor. He considered it bis right ae a counsel, aad due to the Court, to repel the in- *\nuatlon of the learned zantle man, that pobiucal itt ences wero brought to bearfoa ietr #.0¢ of this case Now naid Mr. Brody, { wil sak your Houor to bear wimoss that the first pervomal remark as made by the seolor counsel! oa the other side, What was the meaning of his allusion to Mesers. J’Conor and Bustee.!? We made no allusion wo the pativity or religion of the ‘ite counrel: that fe not in scrordance #jth our tate. your Honor will remem- ber that not ago the di-graceful apectacic was wit tered in this city, of ao atempt 10 remove an efficient public officer becaure be was not born sol, aod it wen alleged he was ‘Datarallred ; net one of tae ero'leme ‘tho other #76 annducted that case, though when put in Dille to be paid aferwarde, wey were tbrown back and pay went refused The religion of-coun- sel bas pething to do with this case, yet it was dragged ‘nto It. Tt may be very \mportant to make political capttal, bet a court of juation Ie not the tt place for that. I! may be picasant for gentlemen who have secured the Infvence of ome party, to pander to the pr jad ove of another | rue decision in race from which lepring to allow hatred vpen it by men who seek for em nence by tae bay means. (Lod applaure, *hich the court ®c perese ) When the porr Irishman, Harnett, who was three years an officer of the Supreme “ourt, a poor and homple man, who can never sapire to the eminetce of these learned gentlemen, came before the Referee to wetif'y bonemly to what he know, what was the very first question asked him by the senior ooansel on the other side? ‘What countryman are yout’ And what was the answer? “1 am Americao by adop- tien and an Iriebman by birth’ | would sae for what page that question was put? He (Mr. Fieia) could not furpec ed of waying anything dis ing oF [reland. Now, in jantive to the decency of professional life, I ask this question : Bow was your boror to rote ra tvity of thie witness? Has it come to rail question & witners as to whether be was born on thie rol? 1 aa Garnott would not be ashamed If it now thai he was born in the same land aa Palmor and Wellington. I don’t suppose he would be ashamed if it were known that he is a compatriot of that preat Lt hed whose bum: stands In an adjoteing room in this bollding, oF of that gallant young Irishman who poured out bie blood on the snows of Canada in defence of the American pation, and whose monument in front of St Paul's cburch we can see from where wo sand’ | Th ts pot natives of ‘York who will cetablieh heroaa | iequisition Ih js not natives of New Yerk who will advo- | cate « repetiion of tortare, aa at Lynn in Massaccurette, where the poor non con! wore whipped. Ic ie not | natives of New York who would convert the Park, like | Breten Com mon, Into a place of exeoution for poor women for adhering to the faith of thetr fathers. [f an inqulstion were oetabliehed. one of these would be hich priest, and the cther the axegutioner—to heap np the fag gota and mace the pincers hotter for the tortore At Mr. Brady concioded, lond anptanse burst from the | andience. which reenect for the court coal mt repre Jadge Ingrabam then anrounced that ho would deliver Die decition o9 Saterday at 11 o’elock, and the court a’ journed to that time. T 1, 1857. Prison. COURT OF GenmacL SEECIONS. Before Recorder mith. AvG. 10 —At the openirg of the court, Ernest Hernoth, ‘a German youth, was placed at the bar charged with steal- {pg bis employer's horse and cart, worth $200. Mr. Jacob Ebmer, residing a} Seventieth street ani Tenth avenue, tertified that on the 11th of June he sent the priconer for ‘a load of manure, ipetead of returning he fled to Morri santa with the horse and wagon, and offered tt for sale to Mr. Anthony Gelger. The evidence did not sustain the principal charge, and the jury convicted him of an atemp' at grand larceny. Penitentiary one year, Edward Brown, a smart looking young man who had been charged with grand larceny previously, pleaded guilty to petit larceny, al Lough he was indicted fo’ the g aver offence. The District At‘orney was anaole to pro cure the attendance of the witnesses for the prosecution. Brown got off easily, being sentenced to only etx months nthe . RUMGLARY, IN THR FIRST DEGREB William .Jones, but known to officer Walsh ae ‘Jim Murray,’’ was indicted for burglary in the first degree. Ho broke into the dwellinghouse of Pierre Cuan wy, No. 19 ‘Thirty second street, on the night of the 13th of July an officer heard rome noise in the basement, and on en- tering dircovered the prisoner, who fied, but was pursced and captured. He bad about $300 worth of ellverware packed up in a bar ket ready for transportaion. Ho pleat. ed g to burglary in the second degree, which ples was accevted by the Assistant District Attorney. Officer Walsh informe’ our reporter that Brown bed 8 ent twenty years of his life ic the State prison. On de {pg arked the usual questions before seatence was passed, be replied that he was a draughtsman by profession. ‘The Aesisant District attorney, whose humano troat ment cf the unfortunate class of ons with whom he has to do, 1s proverbial, informed the Recordor that he from Mr Beale, the agent for the Prison Asvocia tion, that after Brown’s releaso from prieen he tried faith ful y to get work, but could not stcoeed = Tnat formed no excuse for the crime with which he stxod charged, but he (ifr, Sedgwick) thought {t proper to name It \o his Honor. Recorder Smith in passing sentence observed shat that was the third time Jones had been before the bar cnarged with{felony He bad served two terme in tho State prison, and it pow became the duty of the Court to send him for the third time. it was singular that persons who bad once been in prison, and know lpg how severe the discipline was, ald so short cm 9 ran tho risk of boing inearcerated again @ necesnary consequences of crime was persons were distrustful of thase no bad violaied the law, apd were upwil'ing to repoee cond dence in them—and rightly #0. His Honor regretted that be was urder the necera!ty of sending the prisoner to Sing Sing for so | ng aterm as he poeta tae 4, Mares Sh eet 8 peice of Be ee prison already. be been tried on that indictment—which he wo have been were it not for the humanity of the Jistriet At- torney—be would have subjected himself to imprisonment for his natural life, He was sent to the State prison for ears. in Saunders was indisted for burglary in the first de gree, in breaking into the dwelling house occupied by Kra Josephine Piley, 160 Eest Twenty sixth st:eet, on the morning of the 20th of Jaly. A jury was empannelicd to try the case, but under the advice of Mr. Phillips, his The Court, in sentencing him, remarked that the records facts case, 1° proved, would consign hia to risop for the term of bis natural Ife. Ho was to tho State prison for seven years at bard indicted with Saunders in the ‘not guilty, and was On trial with the history of alltne in the city, informed oar repr senta- i orge Delmar, Officer Walsh, who 1s aca potorions c7iminals tive that the acoused was the celobrated “Pete Willy,” and & weil know Office: Gleason wore oxamined, and Puy rere were discovered the 5 i trance Trough the »: mar, he "8 house, tired party elmer ‘also cap tured ; was quao tty jound pr seats, and he was imme. Re is the third asen tence e alread} con vitted for the ng man, @ bad Bot ia the ibere is no age met =e Job Kiernan, indicted for robbery 1a the Grat degree, Theaded guilty to assault and battery. The District Auor Dey could not pustain the prinotpal chargo, and was thero- fore compelled to take the minor plea. Rieroan was on- gaged Ine Moton the 6th of July, aad attempted wo stop the Thiri avenue cars. Tho Recorder observed ia DK sentence, that he conducted himself on that occasion ina very desperate manner. If the accused had progressed a iittle farther, the crime which he intended to have per- 4 would bave been completed, and ‘or which he would bave forfeited his liberty for life. He aided aud aenisted In the late riste, which had been @ disgrace to our city, and bis honor bis deter nination to pantsh all such cases to the extent of the law. Peniteotiary one year. GRAND LARCENY. Charles Collins was tried and convicted for steuling $80 worth of silver ware from the door of Weaver & Co. 72 Apn street, on the 8th of Jaly. The jary reoommended bim to the clemency of the Cuurt, as the evidence agaians bim waa purely circumstantial Sta'e prison two years. ‘The Oonrt then adjourned for the day. Brooklyn City News. Pastime Covyraxemt Mowey.—Jane Mara and Ann Gavin were arrested yesterday by Sergeant Brown, of the First precinet, for having passed counter’eit money on several rtorekeepers in Fulton street A ve do!lar bil on the Ocean Bank of New York, and « th lar bill on ‘the Bank of Rockville, Connecticut, were Veorkis und Sommines for erumisause, O™ BrrotsRt.—The house of James H. Clayton, 29 Dean street, was feloniously entered about 2 o'clock yesterday morning, by forcing the front basement door, and apa! ef pantaloons containing $170 taken from the Flee; apartment fe hg Bolre aF mn} on war room, and upon attempting to got np the Gioves eovaped. A valuable gold watsh wo pages mantel plece which was undisturbed. ArrexrTa> Hicnway Ronamay —James McGuire and Po ter l\ech, were arrested by Captain Powers, of the Fourth district, on Sonday night, on the charge of attempting to rob William Borris of s gold watch an‘ chain on Myrtle opposite Waeh npton park. They were held for examination by Justice Morehouse. (zon Fatam PrevewoetDepoty Sheri? Big. gine arrested the proprictor of « planing mil! Brooklyn on Saturday on chirges of i lumber from seve. parchastn; ¢ in Albany. Constable Mailoy came down with « warrant, and the accused was takeo back to Albany to await an [nvestigation of the obarge The value of the lumber ot tained under ths pretences al \eged amounta to t $9,000 Mortautry i” Brooxiys.—The total number of dosthe (a Brooklyn forthe week ending August 8 \* 123, of which 83.were males and 70\emales Of these 10 wére men, 48 boys, 24 women, and 44 girls, The principal diseases were cholera infaate m, 20 isioms. 12; die aso of brain, 18 consumption, nur, 9; dyson tory 7,80 Of the deaths, 64 were under one year of om ans ge ig one and Py -y old. Of the pom! were nati United 8 11 of Ireland, &e, scolar Verma Fram Compasy asp New Exorwe.—Franklin Regine Company No. 3 expect to bring home their engine on the Sist of Angost. The apparatus was greatly damaged at & fire nome months sinco, and it was rent to Pawtocket for repairs. On the same ocomsion Wash. ington Engine Company No 3, of Paterson, N. J. wil pay this city a vieit, and @ ring their ofthe Fraskita Oompaay. tne ov? © the geen Powmny TreaTee.—Notwithetandirg the inclomency of _ the weatbor there waa a fall house last night at the lowe ry, to witness the representation of a new melodrama in four sote, ertitied “‘Miantinimo,”’ The piece wae wall mounted, the scenery very elTective, and, considering |; being the first night of ite representation, ran smoothly | Miaatinimo is well adapted to diepiay Mr. Ray's peullar style, and the language and + lot will make it & very po ler pleoe with thie thentro, at 2,09 it dos, In stage effect and meehanton “ ssenery aod covore, tobe 816 VEFY Cad tAD| che! too Applause of tha eur 1anes, A Prince of a Garkeeper. CHABGS OF BMbEZZ.EME*T—TWANTY THOUSAND POLLARS INVOLVED—P a8T MEN, FAST WOMBN AND PAST BOMBES WITH $25 YER MONTE--HOW HO Dip It. Stewart B. Adams, the bartender of the Fo ward Hotel, oorner of Broadway anc Maiden lune, wae taken into cus tody on Saturday on charge of embez:lement, preferred ageinst bm by tho proprietor of the bar, Mr Arthur Lamb, who charges bim with buving, during the last seven years, embed about $20 000 while acting ‘m the capacity of berkeeper of the above establianment It aopears from the evidence taken before Justioe Welsh shat tiie prisoner, who le # young man about 23 years of age, had always epjoyed the comfidence of bis empleyer until lately, when ig wae sus pevied that be bad been embezzivg sums from tho money dra: ever since be was connected with the hotel. The bar did a capital buripsn, yes the receipter were very meagre compared with what one might be ied to expect onder the circumstances. Mr. Lamb ofen re- marked that the recelpts were certainly very smal) for a bar doing such a good business, yet he had full conddeace iy the integrity of the accused, and did nos ime to char; Dim with dishonesty until he gave the mauer a full end fair investigation, Accordingly the services of @ wd detective in the peraoa of ex-officer Philip Farley, of tho Chief's office, were employed und (he necessary arrangements wore mado to watch the movements ef the suspected party. Farley joi tered around the barroom an entre day and couated (oe pumber of drink: and segars sold atthe bar The acc w ed, Dot Bt g that he wat closely wa ched, renoered bis daily account full $20 shortof what it shouli bare been. The eyes of the proprictor were opened when he found such # vast difl.rence oxisting bet ween tke amo .nt received and that paid over by the barkeo ver, ifthe ac cused had beew embezzling even heif as much money per day his ve must bavesuMred two the extent of ov er 20,000. experiment wat quite sucessful. Taere coule be no misteke Twenty dotlar day for reven years, perbaps Woy, the proprietor a!mseif did cot ox pect to net more tham that. adame was not ‘aformed of the !mportant d'«covery that bad bern made for some time afterwards, Ae wee clrsely followed when he made his appearance out doors, ‘and was traced to the house of a voung women in Thomp son street, to whom be was evidently very much atiach ed He bed bovybt her the b use she was \!-tog In, and was about signing the cece sary legal papers aseigning her the rea! cataio woen he wagtaken isto custody, tne prisoner, it appcared, dressed {a tho moet extra vagant manner, had bis clothes made by one of the best tailors in roadway, sported a valuaric gold watch and massive chain, had hie sbirt bosom raf fled and studded wih diamonde of the (iret saver, and altogether cut quiteacasnh. He \s good looking w:thal, polite and genilemanly in his mapners, aud #oald staa the mos} severe cri ic:sm of Fif.h avenue ag ® gectioman dietingue ‘np every respect. ‘On Sunday afternoons, when ¢{f duty, be would procare his carriege and handsome span of horses, and ‘con pany with bis falrinamrata would try the epeed of the auimals ether on the Bioomingdale or Conoy Island road: Be wax also partial to the turf,snd on every occasion Pore Temple, Rowe of Washi , aad r faxt 8 were announced to enter for tne race, bi surely op hand, He kept a betting book, lost large aums of mo- ney, bet never minded the expense so lorg asthe re sources wero available It is sald that he even boasted of his wealth, and caid his employer was not half so well of asbe was. Truo, be bad but $25 month, bu! he ma poged to make months of days, so Increased his io badly he !magiced that his per month employer meant $25 per day and acting the atr: of such an erro: cule ten, eointentonaly Tuts io taste codes round sum. i tf i The investigation was commenced before Just -e Wel ih yesterday afernoon, at 3 o'clock, when the fellowing testi- aur h Lamb, beta duly sworn, ur Lal lam of the bar a do business thore ever since; I know the defendant, siew. art B. Adams, no# present; be has beea at # tb) proprietors of the hote! that the defendant by his taking money out of the drawer; | have lately bad of thet Kind by counting the drivke during tho day; | bave deen counting the dripks @very day for several weeks vast; be bad exclusive charge of the carh; | examined the cash during each day that the dofordant went to dinner, and it foll short of the drinks from $10 to $20 exch day; my bar does « vory largo business; I have no other Larkeeper; no one else bad acrens to whe oash but the defendant; | koew this becaure | was in tbe barroom constantly watching bim; the amvupt taken was from #\0 to $20 ver day for two weeks, that being the period of time ! wached . Peter li. Mb iller, of the Howard Hutel,coraer of \y and Mai.en lane, being duly sworn, himself from the drawer; the lasttime he gave be gave me four dollars in two $2 bills, and I ga’ the money back; he gave itto yy it to bim; he gave me $15 and! wink andl came tothe bar; he 7 Or Augvst, 1866; be gave me $15 at Girard House io 1885; I used to go to the bar at the Howard Hotel, got drink and paper of tobacco, and then when | gat Ty es be banded |t )sck, aad somevmes be cents to me. What amount of money has this defendant taken from Mr Lamb's drawer at any one time w your know- , to con | ay A. That would be ® very bard thing for amy vody tell. Q. Gen you toll it? A. I told you the last 4 ag foliar La bills. z neem ) How much at any other time? A. I aaaot were, {wag somo mere sina poveyeiaa How much money altogether has (he ‘efeniant taken from Mr. Lamb’ drawer nes be ben feet tone a, * Se ee; I wink from $10,000 wo Q sow money has he taken from Mr. Lamb in any ope mon A. I Could not tell How much money did he take from the drawer in told you the last time |t wae $4 ln $2 bills ich money did he acknowledge takiog from ter giving you ‘he #4” A. I could not say. be let you have any money to go to Monureal? © me money but | would not go 0 Montreal much money did he give you for that purpose? =_i more for meacd my friend wo gos fart. q 4 be thy money from the drawer? A. No. here di i A. Lexpret be w bia brother's store tad get it vf snesepatag Q Why did you not goto Montreal? A. He did not want me to go; | wanted to go myself ak Old ho, Inet Friday, want you to leave the country? 0. Q. Bas be wan'od you i go to Now Orioane? A No. Q Has be wanted you to go any where out af tho city, nein tho past fow day, and offered to pay your way} «NO, This witness was crorpotaminod at grant length by the defendant's counre!. He admi ted, in the course of the examination, that he had sent threateniag jemers to the aconsed, Sark bim for the Iran of money. Jastice Welh here adjourned the case unil! to day at three o'clock. Origt Of Sctentific Dicovery, TO THE RDITOR OF THR BKRALD, ‘We ree it stated in @ recent Boston paper thet Professor Pierce, of Cambridge, bas discovered that the shape of Contit enis ie devermined by the sun. It's published as an Original discovery. Tre observa ion may be altogether « new one, for aught we know, but the discovery that con. tinents were apheaved by the un ard that the ean was the cause of earthquakes, ve eanoes, and the gaoingical was published in tne ul teresting Mendatey nu lee qvarters; but we por bet it ie Dot pubs the proceeds sooie'on lor 186 while Profem-r Merce now core tne aivoovery a8 OFyinal «in bimeelt, It id seem to & vory important sclooude di covery, If tne a fact, we sbe’l crobably hear more about it heresies, Bit #9 bink Or Winslow bas a decided claim to ortority of an nooecement and Ariginelity of dissovery, aod wa should oor roped in ine be of the Yen. N-bed is thelr ortuted solua AMEMoeR OF 1BE A A A » *e but of © Trapesetona,’” PRICE TWO CENTS. ARRIVAL OF THE FULTON. THE CRISISIN THE INDIAN EMPIRE. INTERESTING DEBATE IN PARLIAMENT, TROOPS HURRIED OFF TO INDIA. Suspected Russian Intrigue Among the Sepoys. THE TWIST IN THE ATLANTIC CABLE, Mediation of Fngland and France in the Spa nish-Mexican Question. THE GO®DWOOD CUP AND THE AMERICAN HORSES, THE IRISH POTATO CROP. Visit of fapoteon and Eugenie to England, &o., ao. ao, ‘The steamship Fulton, Captain Wotton, whioh ieit South- ampton on the 29th of July, arrived at this port last evening. The Fultom brings «us files of “uropean papers to atest dates, but the news had been anticipated by the advicesjor the Indian at Quebec. Tho utmost despatch was beicg used in the shipment of troops to India, The ships pent out to reinforce the French and English naval divisions in China were te assemble on the ist of August at Hong Kong, their place of resdezvous. Advices to the London Pines state that tho Eng!sh and French Ambassadors at Madris had notified Spain that sae could nct rely on aseistance from their grvernments in the event of @ war with Mexico; consequently Spain had ac- ceded to the offers of mediation. Arep:eseniative cf Sante Appa bad arrived at Madrid. Letters from Seville tell of the extrome dismay oiueed im that city by the recent unsparing execations. Oo the 1b of July, on which day Caro and twenty-four otners wore bot, all the shops were shut and the streets deserted at an early bour of the day. Most of the victims were artizens, natives of Seville, where they had numerous relatives. The execution took place at half past six P. M. As already mentioned the criminals were drawn up t*ge- wer and fired upon by @ company. This was the plan pureued by Cabrera daring the civil war, in hie wholesale mastacres of Christino prisoners. At Sevilie, according to one letter, the work was done but slovenly; the sol- diers must have fired too high, for at the firet discharge Caro was the only one killed, although stray balls killed two bystanders and wounded a third. Nearly all the parties charged by the Moniiae with being accomplices in the recent conspiracy have emphati- cally denied the charges. In the London newspapers Ledru Rollin, im particular, ‘was very bitter against the Monitcur and the French Em- peror, and appealed to the British court, in jnatioe, to refute the charges, as also do some of the others. ‘Tuo Bank of France bas announced that the sum ad- ‘vanced on the pubilc sccarities is in future reduced from 6 to 63 per cent. Letters from Paris intimate that there is sufficient evi- dence to convict Ledra Rollia and other partion charged by the Moniieur with complicity in the conspiracy against the Emperor, and that consequently France will bein a position to demand their ¢xiradition from England as orim!- pals. It is intimated, however, that the French govern- ‘ment will conten' itself by simpiy asking Engiand to trans- port the parties convicted across the Atlaniéo. ‘The marriage of the !'rincess Charlotte of Belgiam with the Areb.Duke Maximilian of Austria, was celebrated with great pomp at Brassels on the 27th. Prince Albert repre- ented the Eaglish Court om tie occasion. The King.of Belgium bad granted an amnesty to nume- rous ‘The trials of the insurgents were progressing at Naples on the 23d July, bot up to that date nose of the prisoners bad been shot. A prisover named Nioctera had revealed the whole plana. A tolegra chic despatch from Berlin of the 26th ull. says that the governments of the /ollveretn demand collectively frem Er gland, through the medium of Prussia, an indeman!- tioation for the losses incurred by their fellow subjects at Canton, ibe bombardment havieg taken place without a potBcatioa having been made to the Consuls. Great consterpation prevailed along the Moselle on ac- count of serious con fagrations, which had destroyed small towns, villages ani forests. It was believed to be the work of tocendiaries, Th wan stated (rat negotiations were in progress for a conotiiation between the Sardinian and Austrian govern- ments, apd the consequent renewal of diplomatic rela- ons. The marriage of the Princess Charlotte of Belgium with the archduko Maximilian of Avsiria wok place st the Paace of Brussels on Motday, the 21tb Joly. Thomas Tuilen Bacon had been convicted in Rngiaad of the marcer of his mother, and recetved senten x of death. The Provincial States of Holstein are convoked for the 16th of august. The Arstrian government was said to have signed a con- vention with various Italian Sates the object of which ls to revist in future any revolutionary attacks. Tho Emperor of Rassia arrived at Potedam on the night the 26th alt. ills stay wae t) be | mited wo two or three days ‘The Russian government had reduced the rate of jate- reat paid by the Imperial banks from four to three per cent, from the 15th of August next. A despaich from 5. Petersburg announoes that from the 5th of August Odessa will no longer bes free port, bay ‘will be subjected to the general tari. Foreign morchan- dive im depot in the place will be allowed to be exported during one year. The General Conference of ihe Wesleyan Charch was in feasion at liverpool. The Manchester Ladies’ Ant Slevery Society had protested against the reception of Mahop ‘Simpeon and Dr. MoClintock as delecates ram the Metho- dist Church of America, for their alleged complicity with slavery. The river Seine was lower than it bas been at any period ince 1719, and all the foundations of the piers were ex- posed. The trade reports from the manufacturing towne of England are wholly uninteresting. At Maachester, pend. (ng the arrival of the mail, the busines: for India nae been Dearly suspended; otherwire there has been « fair do- masd, The Birmingham tron market haa been well main- tained, while for the general manufactures of that town the home and export prospects are encouraging At Not- Ungbam the transactions In lace have been satisfactory. There Is hardly any change to be noticed in the tra ie of Perle, The manufacturers are doing iitue, and the shop- <copers leas, The same observations apply tothe do partments, Manafacturing operations are, moreover, impeded by the continued high price of cotton woo! and silk, Cotton has risen 90 per cent within the lasttwo years, and the correspond ing rise in the mana- factared article is not more than from 20 to 26 per cent. The last acco ants from the United Staves do not promise mane factarers much relief The production of ontion ased ia manufactorion under the name of ‘middling’ is far from wafficient for the consump ion. Similar causes prevent an improvement at Lyons. The silk crop, though not so bad 08 was apprehended, is Inadequate to supply the wants of the manafactarers. High prices are conseynently main- tained and on the other hand the stook of #!x goods both in Furope and America |s still sufficient for the !imited de- mand which exista The principal basin me transected (mn silk goods is done by speculators, who aot long since purchased at Lyons large jaantity of raw and mana- factured alike without haviog any immediate demand for them. ‘The London timer of 97th of Jaly mayei— ‘The Board of Trade returne for the past month havo been issued For (he Grst time this year they (af to show ap iperenee fo the declared vdiae of our en; The cidereace on ihe other aide, however, ie bat £! A and (tis to be remarked that the month of Jane, was on the ce 1B) ar gmenAtion £ Pity} foo the shipments on the bt covalom Dax deen im cotion manafittares. It nia to A301, but may be regarded merely se a