The New York Herald Newspaper, September 26, 1858, Page 1

THE NEW-YORK HERALD. — =——— ‘WHOLE NO. 8058. THE BURNING STEAMSHIP. The Arabia at Halifax with Later News. "THE STEAMER SUPPOSED T0 BE THE AUSTRIA PROBABLE SAFETY OF HER PASSENGERS, &o., &., &. The following important despatches were received yesterday. They seem to settle the question as to ‘the name of the unfortunate steamship which was geen on fire the 15th inst, She was no doubt the Austria, from Hamburg and Southampton for New York:— THE DESPATCHES, Haurax, Sept. 25, 1868, Capt. Shaw, of the bark Arabian, which arrived this morning, reports that at seven o’clock on the morning of the 15th instant, he fell in with an iron screw steamer on fare, apparently of twelve bundred tons. She had a gilt crown eagle head and a straight stem, head raked well forward, and her bottom had red paint oo. Her upper ‘works were destroyed, and the wood work above and below was all consumed, Her masts were gone and her sides were falling in. The funnel, was laying on the star- board side, but its color could not be told. The Arabiau passed round the stern of the steamer, but no name was @iatinguishable. She is supposed to have been burving forty-cight hours. The Arabian sighted a brig four miles to leeward. Could not desery boats or signs of sufferers im the distance. Hau ax, Sept. 25—1 P.M. ‘The bark Arabian reports that the steamer seen on fire ‘was an iron screw steamer, of apparently 1,200 tona, A gilt crowned eagle head was observed. We were favored with one of the above des- atches by Dr. A. Schutte, who received it from Mesers. Kunhard, agents of the Hamburg Steam Navigation Company at Halifax. The Austria hay- img such a figure head, there is little reason for doubting that she is the unfortunate vessel. Other despatches to private parties in this city corroborate the above. The description given makes it almost certain that the burning vessel was either the Austria or the Alps, while the statement as to the figure head would seem to show that the former is the ill fated steamer—that of the Alps being merely a scroll bead, while the Austria's was ap Austrian eagle. ‘The Austria is known to have left Hamburg on the Ist and Southampton on the 4th instaat for New York. We believe she has a red bottom, though her engines did not work through her @ecks, Her list of cabin passengers from Hamburg fe as follows; it is not known whether she took any en board at Southampton or not:— Herm Sondheim, wife and five children, New York Miss Bridget Lougtlin, New York. Carl Nettman, New York. . Kisfeld, New York. Julie Ebb: and daughter, New York. A. Weisrenborn, New York. A. EK. Wiedmann, New York. E. Weisker, New York. Mrs. Sophie Jegel and child, New York ‘munt, New York. thal, wife and five children, New York Miss Lona Meyer, New York. Smith, New York. . Hope, fork. Adelsdorfer, New York ff A and wife, New Orleans. ilie Veain and three children, Philadelphia. ecke, Philadetphia. Miss van Me Mrs, Anna Paypers Mus Mar i; ? , Arneberg. three children, St. Louis i the crew and passengers, which is a strong one. ‘The burning steamer had no person on board when een by two vessels, and as she was on the track of mumerous Jines running between this and Europe, the reasonable supposition is that they were all taken off by some eastern bound steamship. The Brig seen by the Arabian four miles distant from the burning vessel may have the passengers or many of them on board. It is to be hoped that afew @ays will solve all these painful doubte. ‘The Turf. ‘The races which commence to-morrow on the Fashion @eurse, L. 1., are exciting great interest in the commanity , ‘and attracting the attention of all amateur sportsmen hroughout the country. The great number of race horses that are now congregated in this vicinity far exceeds any ‘thing within tho last thirty years, and comprise the very Best horses of America; and if we do not eee better racing greatly dicappointed. A fine opportunity, also, forded for comparison between the running of English ‘and American horses, #0 far as relates to time—the only true test of a horse's speed—and no doubt those persons ‘who think the English horse superior to the American as a racer, will have reason to change their opinions before the termination of the meeting. Several descriptions of ‘races will be run, each as mile beats, two mile heats, two and in Ame: face here, in imitation of the Goodwood, will no doubt satiafy the public that that distanee can be ron in this @ountry in somewhat less timo than bas been made in any of the recent races over that celebrated course; and tha 6:03, the time in which it was run by Saunterer, the win mer of the last race, will be beaten by at least twenty seconds on the Fashion course, This race, which may bo Sooked upon as the criterion upon which to base a com parative judgment, will show the fallacy of the supposi tion that the performances of the American horses in Rngland have been anything like what an American race horse can exhibit. There is not a race horse in this coun try who is not capable of running the Goodwood distance im less time than 6:03—showing that the running of our horses there bas been a farce and a humbug throughout, —_—__ acne Coxcent at Bexrow's.—The ‘Stabat Mater’ of Rossini will be sung bere this evening, by the principal ‘artists of the Strakosch opera troupe, including Mme Colpon, Mme. Strakoseh, Brignoli, Laboretta, Amodio and Junea, tho basso, who will make hie dibu in New York, It ig a grand array of artistic talent, and the prive of admission is fixed at fifty vente, Tho howe should be crowded in every part Obie . wife of Governor Randall, of fankesba op the 10th inetaot, of Mre, Mary Rawnai Wieoonsin, died at consumption THE STEPHENS CASE. ‘The Investigation before Coroner Connery— Testimony of the Misses Bell—Interesting Developements, ‘Tho inquisition in the case of Mrs. Sophia Stephons, deceased, was continued yesterday morning at Bellevue Hospital by Coroner Connery, The Misses Bell were ex- aminod at some length, and in the vourse of the examina- tion some interesting facts were clivited. The jury em- pannelled to act in this case is composed of the following named gentlemen:— John Bisco, 158 East Twenty-third street. Patrick Herne; Cor, Lexis ay. and Forty -first st. Nebem ah Pech 63 East Twenty-seventh street. Nathaniel Tenpenny..1634, Kast Twenty-seventh sirect. Kaward Willis. No, 8 Gramercy park. Francis Morgan. 38 Irving place. Erastus F’, Mead. 70 Lexington avenue. Waldo Philips... Cor. Twenty-fourth st. and Sixth av George H, Jones. ....459 First avenue. John Zurio.... 420 Third avenue. Thos. J. O’Brien. ....160 Kast Twenty-aixth street. Jeremiah Reynolds, 166 Tweaty-third sireet, ‘The following is a report of the proceedings as they transpired before the Coroner yesterd: Sophia Bell, being duly sworn, deposed as rollows:— live at No, 107 South Seventh street, Williamsburg; lam. a relative of deceased, a nicee; T lived in deceased's house for about a year; Iwas cognizant of the relations exist- ing between Mr, and Mrs. Stephens; her health was very good during that time; sbe has one child living; I can’t say how many are dead; the child in question is seven years old; Mrs, Stephens first complained of an affection in the chest, about a week after she complained Dr. Cadimos was introduced as a physician to the Paraily; when he first called, deceased Was out at market and walking about; she yequested the doctor to examine -her chest; he de” clined doing 80, saying be had not his instruments, but would do so the following day; when he did examine ber the next day, he said there was nothing the matter with her cbest; he said he would prescribe some little medicine for her, and he expected her to be about in » day or two; Ido not know where the medicine was bought, but I pre- sume it was got at Dr. Cadmos’s; he told my ancle to call for the medicine and he would give it to him; the medicine ‘was procured; it consisted of pilis, I think; my uncle gave deceased all the medicine she got; two days after Dr, ‘Cadmos called, my aunt called me into the room, and said, that she thought she was getting worse; she did not think that Dr. Cudmos was doing her any good; she also re- quested that Dr. Tremonger should be sent for; Dr. Tre- monger came and attended deceased; be was called in by my uncle; deceased was vomiting when Dr. Tremonger was in attendance; he was stand. wg by the bedside of deceased at the time; my aunt complained of a great burn ing im her chest, as if there was a bail of fire there; Ur. Tremon- ger spoke of yaving @ blister put on deceased's chest; he ordered ber some medicine, but what it was I do not know; my uncle went for it}as he did for all the medicine that was ordered; deceased got .no medi cine but pills and powders; I saw tbe powders in the hand of my uncle when he was about to mix them; my aunt did not complain of Dr. Tremonger; I saw my aunt get landanum; one day she mourned very hard when he said he would give her a little laudanum to put her asleep; he put the laudanum in a glass with some tea or lager beer, aud told me to give it 0 deceased; when 1 brought it to deveased, she refused to take of it, saying there was Jaudapum in it; he poured th laudanum out of a small bottle; 1 can’t say how much laudanum he poured intothe 2 om the night previous to the death of my aunt, my wave her landanum; on the morning of the day of death she called me into the room, and told me she Was much worse; that my uncle had given her a powder, but that she spit it out, and told me not to tell him about it; she gave me no reason for spitting out the medicine ; passed her arms around my neck and (bere the withess was so overcome with grief that her further utterance was choked with tears, and she was wnable to finish the sentence); my aunt said she thought the medicine was not doing her any good. & Did she not say that there was a design upon her life? A. No. Q. What did she say? A, She said that she thought she never would get well: my uncle (old me to tell Dr. Tremon. ger that he peed not cail any more; [ told my uncle that if my aunt grew any worse during the day to send for me, but he did not do so; on my return home in the even- ing my sister called me into ber room, and suid my aunt war in asleep from the quantity of laudanum she had taken, and she did pot think she would called soon after this, and hearing my aunt breathing heavily, she told me not to allow her to remain in that position’ Jong; that evening when I entered my aunt's rooms, If saw my uncle — beside her bed, pouring some medicine down her throat; my aunt was asleep at the time, and when 1 went {ut the room my uncle ordered me out, saying I would awake her; I do not know what medicine ‘my uncle gave to my aunt, but { supposed it was landapum, for | found an empty tumbler wader the table, near the bed, which had some tea and javdanvm in it; I took up the tumbler and smelled its con. tents; after my aunt was dead, and when they were lay- ing ber out, there came frothy black stuff from her mouth; probably a quart of this dark liquid came from her mouth; Mrs. Hannab, my uncle's sister, was present at the time, and said she was ylad that the black staf came; I have heard my uncle speak roughly to de ceased On many Occasions: my aunt = tried wo hide euch matiers from me; Theard my uncle say that h wivhed my aunt was dead, but this was notin her pre sence; the day before my aunt's death vieted her, when she said she felt quite numb, and was unable to feel me; she kissed moe, oY said che wanted to see Fanny; my sister came into the room, and om going upto my aunt the latter folded ber in ber arms and said she thought ehe was dying; she said ehe felt quite happy and hoped T would take care of would leave it in my care; I ith my unele arrived wil wp a I all pa was poured was marked “landanum;” Dr. Tremonger not call again after my uncle told me to tell him pot call again; | suppose my uncle called upon Dr. Tremonger and told bim to discontinue bonse; generally origmated from my uncle's re fusing to let accompany lim when be went out, he often said he wished she was out of the way, and that he had never seen her; Dr. Gadmos was the attend ing physician of the family; when my aunt took sick, her , Mr. Stephens, said she required a doctor, bat she replied she wanted no doctor; my uncle sent for a doctor without any one’s knowledge; I thiak the doctor forepart of September, @ year ago; when the doctor came my aunt was out at market; he ‘waited until ehe returned, and then told her he would call the next day and examine her chest; my sister and myself were present when the doctor came; my aunt eaid she did not think she required the aid of a doctor; Dr. Cadmos came the following morning and made th: examination of her chest; the doctor said that there was nothing the matter with my aant, and that she would b> well in a few days; he anid he would pot ap some medi cine for deceased if we would cail aroand to his house, my uvele went for this medicine; when ho returned he brought pills with him; he administered them to her; how many I don't know, I don’t remember th» doctor's calling again; my aunt continued to grow worss after taking the pills; finding that sho was getting worse, my aunt asked my cister to send for another doctor, Ur. ‘Tremonger was sent for and he attended deceaset. Mr. Tie. ys Prescriptions in the house, he ily prescribed pille, and at one y nd blister; neither of the doctors ever ordered a pow deceased for Tsaw a yellowish and white powder administer ed to my aunt by her huebond two evenings before she died; he gave her the powder in water; [I don’t know w! ordered the powder; deceased refused to take the several times, and it was not without urging that s eonted to take them; Mr. Stephene said he would not leave the room until she took the powders; he gave no reacon why she showld take them; he’ was angry because she refused to take the medicine, and his lan gage, when he said he would not leave the room wnless she took the powder, was in an angry tone; my aunt agreed (0 take one of the powders; he did not give her any other medicine while T was there; my aunt was very sick the following morning and vomited all day wntil about ten o'clock; there was diarrhoea following the vomiting ; the physician was not sont for that day, neither was there any medicine given her tw allay the yomiting, on that day my uncle toll my ster to tel? Dr. F not to come any More; my uncle gave deceased tng lager beer aod lagdanum, the bottle from which be SUNDAY MORNING, SEPTEMBER 26, 1858. took the landiwum was labelled Shipley & Vanderhoof, corner of Third avenue and Twenty-seventh street ; 1 Es goesd J how much laudanum was administered; my aunt refused to take the laudanum, and, after tasting the draught, said she would have no more of it; my uncle then got some brandy, and, mixing some laudanum in it, jt to deceased; the bottle was filled a second time administered to deceased; he gave her all the second bottle “in brandy, and in for another bottle; it was about in the day when ho returned with the third bottle; when he came in J asked bim if laudanum would destroy life; he said yes, that there was enough in the bottle he then had to kill three men; I then asked him why he gave it to my anut, when he said the doctor ordered it; my uncle gave deceased the vontents of the third bottle between the hours of 12 and 6 o'clock; after taking this laudanum my aunt slept soundly; at half- Past 3 o’clock the next morning my aunt died; that night aunt called me into the room, and when I went in she arked me if there was any one in the room; I replied “No,”? when she asked me if I was sure; my uncle’s sister had then left the reom; deceased canght me by the hand and said she was going to die, and told me that she wished me and my sister to look w this after her death; [ asked her what she meant, and she said “you know well enough;” she referred to a circumstance which took place about a month previously, when she told me that no mat. ver where I was, if anything happened to her, to look to it; Lasked her what sl ant, when she said that I knew all my uucle’s couductTowards her as well as she did herself; some time before this ae uncle was going to a funeral, when my aunt request to go with him, he would not allow it;she insisted upon going, when ho struck her over the eye; deceased's eye was black from this blow up to the hour of her death; I never heard my uncle Make any threat, but he often told my aunt he would leave her, and he put up his clothes to go away ; [lived in the house for about six months after my aunt's death; my sister had a proposition of marriage from my uncle; I Stopped in the house at the instance of Mr. Stevenson, t coachmaker; from what I saw I believe that my aunt was treated with foul play. By a Juror—My uncte administered the contents of the three bottles between the hours of 10 A. M. and 6 P. M.; Iconversed with her after she had taken one bottle; he gave her two half pints of brandy in the same time; the Dottles were about the size of those now shown me {iro ounce vials); I never heard my uncle say that he wished my aunt was: ; bat he often said he wished she was where he would never seo her; the reason I did not ex- pose the matter before was that I lived in the house and was atraid to speak of it; on one occasion he took a letter of mine which I was writing out of my sister's writing desk, and would not give it to me; the desk was locked, but he took the key out of my dress pocket while I was in bed and thus opened it; Idid not want him to see this letter, for in it 1 intimated something regarding the conduct of my uncle towards my deceased aunt; this was about a month after my aunt's death; I have exposed this matter solely from a sense of justice and not vindictiveness; on one occasion he threatened to have me excommunicated from the church if I left his house; I told him he would not dare to do it, as I would put him ina place from gave and which he would never get out. ‘The inquest was here adjourned until ten o'clock on Monday morning. Rel In Oe. CITY CHURCHES. Elder John 0, Kane of Indianapolis, Ind., will preach in the Christian Chapel, 74 and 76 West Seventeenth street, this morning, and Elder Wm. Jameson in the evening. Rey. E. F. Remington will preach this evening in the Memorial Church, corner of Hammond street and Waver. Jey place. Mr. Kennaday, known as the boy preacher, will preach for the Cannon street church this evening. Rey. Sidney A. Corey will preach in tho Eighteenth street Baptist church, one door west of Fifth avenue, this moruing and evening, Rey. Robert G. Dickson, pastor of the Protestant Episee- pal Mission Church, Clinton Hall, Astor place, will deliver two sermons to-day, morning and evening. A sermon will be preached in the Italian language in the Italian church, Canal street, by Rey. Dr. Cuntmings, pastor of St. Stephen’s Church, Twenty-eighth street, this afternoon. ‘The Rey. C. Cravens, of Pavilion, N. Y., will preach this morning and evening in the Bleecker street Universa- list church, corner of Bleocker and Downing streets. Public worship will be held this morning in the New Je- rusalem Church (Swedenborgian), at Lyrique Hall, 766 Broadway. Divine service will be held as usual in the North Duteh Chureb, corner of Fulton and William streets, this morn. ing and afternoor THE “BRICK CHuKCH” UP TOWN. The new edifice for the “Brick Church’’ congregation, which is presided over by the Rey. Dr. Spring, is situa ted on the corner of Fifth avenue and Thirty-seventh street. It is nearly completed, and will probably be ready for ocenpaney by the first of November. It will be aworthy successor of the old “Brick Church.’ The steeple will be foished this week, when the capstone, weighing 2,500 pounds, will be put in its . The whole will be surmounted by a gilt vane ball. Al. though it is 250 feet bigh, the work is of such substantial masonry that it has not settled one sixteenth of an inch. The edifice will be lighted by one large gilt chandelier of 100 lights. ‘There are 146 pews, capable of seating 1.200 persone, Seaghiola columns arrayed behind the pulpit, support a coved ceiling, in the centre of which is placed the old tablet, renovated and gikted—inseribed “Holiness to the Lord.” ‘The effect is very fine. The entrance, front vestibules and hail are all laid with marble, and the stairs are of solid oak, of easy ascent, constructed on the plan adopted in our lirst class dwell ing. Several rooms are provided for the minister, com mittees, &e.; also, an iron safe for the sacred vessels. The lecture rvom is in the rear, baving its entrance from Thirty-seventh street, with school rooms above it. It is a sant circumstance that the old «church-going bell”? been retained for the new steeple, and is likely to i se, wh aia ios i the works so 000, exclusive of the land, inatalied as over the St. Lawrence street church, in Portland, Me. INVITATIONS. Rev. W. B. Sutherland, of College avenue Congregational chureh, Mott Haven, bas received a unanimous call wo Williamstown, N. Y. Rev. T. 1. Cuyler, of the Market street Dutch Reformed church of thie city, has been, as wo understand, a second time called to the First Presbyterian church, Chicago. ‘The Congregational church of Deep River, Conn., bas extended « unanimous call to the Rev. Mr. Keep, formerly of Guilford, to become its pastor. ‘The First church at Meriden has in vited Rev. 0. H. White, of New Haven, Uonn., © become tte pastor Rev. Féwin A. Bulkley, of Groton, Mase, has re Congregational church of bolumbur, ceived a call from the Obio. INVITATIONS ACCEPTED. Rev. Charles A. 1. Richards, late of Cincinnati, has ao- cepted a call to the of St. James’ church, in Great , Mase., and will enter upon his duties this day. Rev. sate ney SE tee conned 9 ae te Se na traeyueren church, Belvidere, New Jersey. INSTALLATION. Rey. John G. Hall, from the Presbytery of Otseco, was installed pastor of the Reformed Dutch ebarch pga York, by the Classis of Montgomery, on tbe DRATH IN THE MINISTRY. Rev. Mr. Richmond, rector of St. Michael's church, Yorkville, died ou Sunday evening. NEW CRURCHRS. ‘The new church at Stamford, Conn., was dedicated on the inst. ‘On the 19th inst. the Rt. Rev. John MoGill, Bishop of Richmond, laid the corner stone of a new Catholic church at Fairfax station, Va., on the Orange aod Alexandria Railroad. The new Evangelical church edifice in Chicago wag to dicated on the 1¢th inet, ‘The cornet stone of the new Methodi«t at Orange, N. J., was laid on the 15th inst. wi In the box inthe stone were pies of the papers of this city and a piece of the Atlantic cable and of C. W. Field, copy of Leslie's Cable Pictorial, a $10 bill of the Orange Bonk, on which was written the names of ail ite Prosi dents aud Cashiers since the organization, and otber arti cles such a8 are usually deposited ig boxes on such occa sions. church MISCELLANEOUS. The “Free Church” Presbyterian Society of Boston is contemplating djseevering ite connection with the Cana dian branch of the Free Chureh of Scotland, an’ of form ing & union with the Old Behool Presbyterian church of the United States. The society whieh worships in Free: man place, ander the pastorehip of Mr. Melaren, is not self-sustaining. The Canadian church being unable to aid them, the pastor advises the proposed union, but signifies his intention of returning to Canada West, the theld of his former labors. He bas given avtice of bis intention to ask for a dismissal, ‘The Meridian street church in Fast Boston hae recently formed a connection with the “Oli School.’ It is be lieved it another chureh can be ered in Kast Bow ton, a presbytery evon established in the city. ‘The Rev. Dr. Binney has resigned the presidency of Co Jombia College, in the District of Columbia, ‘froma deep conviction of his duty to resume his labors of instructor among the Karens in Burmah.”? Rev. 0, T. Walker, who for nearly six years has been pastor of the Second Baptist church in New London , Com and whose connection with it has been recently d in consequence of his being called to a new field of labor, preached bis last discourse on the 10th inst Naval I ee The following is a list of the officers of the Water Witch, now at Norfolk —Lientenant Commanding, RK. B Pegram, First Lieutenant, A. Barbot; Second Lieutenant, BT. Speaden; Passed Assistant Surgeon, C.F. Fahs; Chief En gineer, Wm. C. Wheeler; Second Assistant, Robort M. Chu ny; Third Assistants, B.’B. Wharton, B. F Chaseaing and ¢ A ene) ERG, one, Pegram ; Porger’s Clerk —— Brown ; — CC EEO———E—sSOEOEOEEEeeeeeeeeeeeeeeeeeeeeeeeee Court of General Sessions. Before Judge Russel). SENTENORS FOR MANSLAYGHTER, ROBBERY, BUR GLARY, FORGERY, ETC.—THR CASE OF WM. MULLI- GAN—THE GRAND JURY DISCHARGED, ETC., BTC. Fert. 26.—To-day being the last day of the September term, and @ number of prisoners having been vemanded for sentence, the Court room was crowded to its utmost capacity, by not only the friends of those who have been convicted during the month, but also by a large number of distinguished citizens, among whom were Aldermen. Boole, Bradley, aud Tomey, of sill milk wotoriety. At half-past eleven the City Judge took his seat upon the bench, abd instructed the Clerk tw arraign the pri soners. Mr, Vandervoort vailed Wm. Mulligan to the bar, who, it will be remembered, pleaded guilty to an indictment charging him with assault and battery on Capt. Webb, at the Metropolitan Hotel. Mr. Webb was a member of the well known Vigilance Committee of San Francisco. Ex-Judge Phillips, counsel for Mr. Mulligan, rose and said that he desired to read 2 number of affidavits in miti- gation of punishment, explanatory of the relation which existed between the complainant and the defendant: APFIDAVIT OF WILLIAM MULLIGAN, c } of New York, pa. Willian Mulligan, the endant, being duly sworn, doth one and fay, that on OF Abst thn Both day of May. A. D., INS he was eltizen of the city of Ran Francisco, uate tthen and there held the office f the county Jail, ‘that in said 4 of May a va calling themselven a Vik lance Committee, and of whom Hiram N. Webb, the com: plajnant in this cction, was un active and prominent member, came to the said county Jail, then being under the official eon’ trol of this deponent, and took therefrom. (wo. pri and brutally of laws that pany Hn said rominent part tallies berelnatver wet forth; that thie of the county jail, fortified the same aud resisted the aid out- laws in their aitempia to euter therein and murder persona therein confined, and continued to resist them until reqnired by the Sheriff of said city of San Franciseo and this ORO NOS ® yh officer to desist. That this resistance of th pal of power on the part of the said bands of outlaws, of Whom the said Hiram N. Webb was one, had the effect to draw their attention to this. Mopanent, who was, in the mid-day, in the open street in said elty of San Francisco, seized by w of armed men, being a 4 of the said organization and base of outlaws, and carried w a house or dungeon which was then and there used as the rendezvous for said band of ontlaws and their agents; and. after being hand. id murderously px. said Hiram N. Webb cutied, and confined ina cell, was exposed to the tauuts and and ions, who repeatedly nird of arined men onent, and that of aiid city of 1s, iesined, outlaws insults of said outlay their mi fiattoucd byfaisha cod bartay seer were al by over this di When John Harrison, one of the Deputy She Ran Francisco, came to serve a writ of habeas. Co agent em re! ‘wo allo ilding sad rendestous ie serve sald writ tnt ‘and contemptuous dedance; that f of armed men therein, were, ig and incarce- Fating quiet abd orderly iizene, aud in open violation of de cency, law and order paraded the streets of the city wi i armed the said’ Hiram N. Webb. ppearing the head re, without an: hordes, of & company of said armed outlawsas their captain; that while this deponent was 40 confined, handeuffed and guarded in the said Fendezvous ‘ontlawa, persons whom the: Bad legally arrested and confined were ether privately assad- ‘Or publicly executed by the said outlaws; that In open vi the cell wherein this deyonent wan conlined, and inaits sald building, # gallows was erected, and it was stated by some of the said armed outlaws that deponent was to be hanged thereon; that while this deponent was thus confined, handcuffed and guarded, certain members of said ization And band of outlaws came to the cell of this deponent and pi fo neo if be would make statements to imp! Tot kpowe and repuuable chirens of San Francisco, they, band outlaws, woul fe ment the $5,000, and releasy him. it's woult’ then leave fornia and never Feiurn thereta all of which pre were indignantly reject 1 ment; Unat Wie tn was yo contived and inp onent's refused admittance for Jay before this deponent oruia, aa is hereafter stat. Ef x iy = g: = E a change of clothing, but Raphed hea without 4 slagle change of linen or clothing of any kind, save what Le pr» hee yy ai his person; that wi Rotent war so continedd aut handout he was by.a body of said outlaws, and as deponent wos smoking: 1", he way violently atruek in the mouth by one of said ai ouulaws, who ened that if deponent made any noise orentery, be" would blow the top of deponent’s head of” that the said Hiram N. Webb was present at the thne the sald outrage and violence were committed on deponent, and countenauced the sume by his acts and presence; that ‘while this deponent was thus iinprisoned by the anid band of oullaws, they pretended (o have tried this deponent for some offence or charge, of the nature of which deponent then was xt has Deen over since, wholly iguorant, and that a nuinber ot ‘said outlaws came to the cell is deponent, surrounded by their armed associates and agents, and read to. deponent what Ubey called the sentence of this depe whieh was to the ef. feck hat ee, Yonst leave the Btate of Callforuty and never retorn 10, under the penalty of death, and that some ©” them threatened to send this deponent to the Fejre Islands; that on the Sth of June, 1866, at about the hour of _ midnight, said outlaws, was one, came to the cell, wherein this d-ponent was confined, and after ‘him, led hin forth with one of said’ armed out! ‘and ruiilans on ‘each aide of him, hin by the arm ‘and each loaded revolving im his. band, and to pase files of the wale armed fornia strvet a stenin ing, on board of which bim, and finally compelled bin to leave that plac, andeame w this city, where he haw aver ained the day of the assault and batiery Hin nt, in company with Colonel Thomas ‘of the sald city of San Francisco, and County Clerk of thal county entered ibe, Metropolitan Hotel where sald Hays then anid at said Haye’ Invitation, to take some ment—that while in the act of obtaining such refreshment, subd ‘Webb, with others, cane to the bar of said hotel and drank, aud immediately left; that after the said Webb bad left the bar, said Colone! Thos. Hays asked this deponent if be did not re. collect the person who had just left the bar, to which dey ent repli! hr Hid wot: that sad Hays omar, “at vw tapi ebb, one of the eaptaina of the companies ‘of the V! on Committee in California,” to which deponent responded, “1 thongbt I knew the free, and [am very glad he is gone before L recognized him,” that after remaining in conversation with Colonel Hay® for about fifteen or twenly minutes, deponent started to leave said hotel, aud as this deponent was going oat the door said Webb w: ain ws poneet paaged sokd Weeh etoseat too, at Bom sharply 3s deponent a hen oct faddressed deponent wih “How do you Gs, be Webb of the he inderers Wo pase : i | Ee = i F ‘ z z { E ; 3 | E § a ena in fer we. CALDWELL. rae City and County few —William: weil. colts holding cashier to the Posunastec {ithe Uninad Saies emerel Peat Otien In sud city ant coun aworn, HEE i Sworn to before day of September, A. D., 1888. ny me 'F, Hance, Commissioner of Deol mn Califor, ne Ge ore from Califo as ro. figan hed. attacked’ bien, ts abd sakl Webb, tn connection with sakd direct reference (0 eid aseanit upon ben by resent, that he, Webby bad done in the premises. not KG, BERFORD, Sworn before me A day of September, A. 1. 1R6R, (Cas. K. Sarre, Justiee FINN District Court, When the counsel had finished reading the above aif davite, tho Assistant District Attorney produced an aida vit of Capt. Webb in aggravation of punishment, after which Daniel Stekles, Aisq., senior counsel for the defendant, addressed the Court as follows. — It is hardly n to observe to yonr honor that the case Presented up view pare fond wf thown commun trials thet ocoupy go often We simontion of the Hemiuns; nor 0 8 one Of those ingiances where the tnduigeiee of bral passione lewd poner, | venture W'say ie of of the mene remarkable ever - 0 oat ee papers, I venture W aay, ie one of the most remarkable over nities, far beyond fone ta a conrtof jnation, room and tnost of our ‘ay the view, of a current of produced by mist pres=mtatine of tmcts bv bis case almost without « parallel, And it ie only w Tfind such when T tind a Gage to be as this ie— Ww! ee this gen surrounded by friends, many of whom T know well and have long known, and who from their personal Knowledge of anctintertonrs= with him, are prepared co present ira to thie Sourtand to the communtiy as wn hjured man-—ae.a man who bore astoiniess character for pubile prejudic in adistant community, there he resided beforn be came to New York—surraanded, fe his fetenwia im, by prejudice and parened by clamor, id to me, his connael on this ceca, Jerations as in m: Th penn ltiem of the ‘What do we find, honor? That Mr. Malligan was a public ohding. a highly Feeponsibie station some years ago in he city of San Francisca, anc that Mr. Webb, the prosecutor, was holding also a prominent «tatinn in that communty. Wo have the prosecutor and the defendan' coming for a time prominent actors fn rival parties inf es, a8 we cnderstand the germ tn thie © hut prominent actors in partic that alco lone of society, that overturned courts, Ul officers of the law every aymbol of stance, that made the keeper ct Uy of San Francisco an inmals of a dungeon, without aceuention ond without trial, and that extied im a& a feloon. ta the depun of midnight, in the midst of armed man with revolvers, plaset by hig Ned, with he dhreat cf towtant death if be wave pies tho may it please your nate, bo wer, ae well ae sub Sand ‘the Deputy Sheritt PRICE TWO CENTS. Jeast alarm or outer. prosecutor, the leader of movement te thatvin Pies ‘upon the awe aad th nt 0 fhistary—itts ae tS oe ities prreee a law and. bid defiance : to the city ‘of sata" himwelt here inthis. tribial nt distant city, int the ful hold 1 ‘State, who rewisied an armed mob, led by this man Webb; who wrested from him his postion and his power, And put him Into ‘one of the dungeons, of which he himself nanction of the law, the legal cumstances, wi " pt is accused, thay commends hin htest degree to the sympathy of this court or of this ‘of any community that desires. the establish 1, aud commands nals? Mostemphatically Tsay he isn from comme: himself fo your Honor as least sympath: the comes inio this Court him: Muily ot the highest offenee that can be perperrated by a metiean citizen—a deliberate movement with foree and arms and bloodshed, assa jon and murder, consummated through all these seenes by which society ix overturned, the pect to legal tribu say that authority and sanction of the law ia destroyed, and a great city Placed under the control af 4 mob, A felon, L ssy—and ntry, where use the term advisedly; for in this for every agurievement which cau befal the citizen there is amplé remedy in the ballot hox—where we are ourselves the governors as well asthe governed, there is no excuse far the outlaw—there In no excuse for the revolutionist. Th other Jands, where the remedy of the ballot box dors not eaist, where absolute power is always invoked, and where there is but one alternative—either al t submission or forcible resistance —T ‘would not only be reluctant to condemn bat eager to applaud the vevolutdalt; ‘but here, in this land of ours, he is the man of all others to be most condemned, to be most trowned upon, and the last man who ean come into court with any show of decency and demand upon one of the victims of his own out- rages unitory and vindictive sentence of a court of justi These affidavits, us your Honor has observed, were informally subinitted to you yesterday, fu accordance with what was wi Aerstood to be the direetion of the Court, that they were to be handed in before Saturday. Your Honor has, I have no doubt, perused them carefully; and therefore f will not detain Court by any extended comments upon the frets they disc! Dutlet it not be forgotten that the taste in these ald not be denied. Ifa hundred captains of Vigilance Committees like Mr. Webb were here, the facts in that affidavit would re main undisputed and indisputable», for they are a pari of the history of the times—they were published and notorious when they occurred; they were heralded abroasl hout the press of this country and of Europe, ain were upon everywhere as exceeding in grossness and in violence any- thing that had ever before been witnessed in this Coy ‘The counsel then detailed the outrages perpetrated upon defendant, and proceeded to say that it was a notertous fact that several civil suits have been brought by parties why have been injured as Mr, Mulligan has been injured, against Mr. Webb and other actors in these transactions, and, sooner or Inter, those humble men, without wealth, with but few friends, and struggling against the tide of prejudice which was set against them—as soon as they could overcome the powerful ‘combination which had been formed againat them—their wrongs: would be made the subject of an ay our courts and Juries, and the result could not be doubted; for when this com- munky grasped the truth and through all ‘the mists of preju dice anderror got al the facts of avcase, there was na coin- munity more prompt, ready and eager to do justice to him who. had been the victim of wrong than the people of New York. Counsel referred to the facts sworn to in the affidavits, alluded to ine threatening menaces of Webb at the time Mr. Mulligan assault , and concluded by saying that the circumstances of the case warranted the Court in giving the defendant the lightest punishment known to the law. Judge Russell, in sentencing Mr. Mulligan, addressed bim thus:— William Multigan— You pleaded guilty oan aysauit and at tery upon a citizen of California. {cis my duty to say whether you shall be punished for the offence, and if 60, to what ex ent. In civil actions for assanit and’ battery the Jury, in ad- Justing damages, aro allowed by law wo regard the provocation ‘which preceded or induced the assault, in order to mitigate those. ea. Incr iminal actions the Judge is allowed to Jook into atfidavita: to ind If any excusable provocation ‘mils. sates the degree of punishment. The law in shading homicke fom murder to mansianghter, and in drawing distinctions be. tween unprovoked ‘Drutaliues und assaults from heatof passion looks upon human nature as it is constituted in the breast of all of ua. 1 find, from the examination of the afildavits tn mitigation, that sl suel the rife, and ot the fro custody certain prisoners: w your ‘and whom yon were bound (9 protect; that, in coussquence o our resistance and efforts to sustain the law, you incurred heir dispieusure; that the complainabt was one of the lea/lera, who forcibly took the prisoners from the jal, and, with others, seized, imprisoned and banished you from tho State, without & momedt’s warning, thus leaving your family tn 0 dition and unprotected in a city Where law and were pet atdeflance, and riot and violence supreme, you allege that the sight of the complainant and the memory of your wrongs, and of his active connection with dem, incited passions to such an extent as to cause you to aasault bi waged by counse) that you did to Mr. Webb, on an indi vidual scale, only that which he, on «larger seale, assisted in doing to you. These considerations cannot your con’ duct, noF prevent the law in this city from ‘being vindieated. It wan your duty to have sought legal redress; for two wrongs never nade & right. ‘The violevee to your person ant feellags which the complainant committed \inder the aancUon of power, were no precedents for the individual aud bee age By pass upon bis person by you. But Tam of opinion the ie seine of fh your iw provoration and @ renee upon human in. Ermity ought to mitigate the punishment. which follows. for the example, and to sastain t ta palnist the most rovoked assaults, unlens they were tn self det t noe of the € tis that you pay afine of two handred and fifiy dollars, and stand comeitied \util the fine ts pall. Mr. Mulligan promptly paid the tine and left the Court in company with a large number of friends. THE GRAND JORY DISCHARGED. The Grand Jury came into court, and after their fore. man, Anthony J. ‘ker, presented a batch of indict- he informed the Conrt that they had tinished ail the business before them. ‘The City Judge thanked therm for their prompt attention to their public duties, and discharged them. SENTENCES FOK VARIOUS OFFENCES. ren pleaded guilty degree, having been charged. w ’ degree) and was sent to the State prison for four years. He has served a term in the State prison. Francis Didiew, convicted of arsou in the third degree, Was remanded Ul next term. William Callahan, charged with rape, pleaded guilty to an assault and battery, and as he bere an irreproachable character before the assault, judgment was snapended. Mary Conway, indicted for manslanghter, having thrown ber child down the privy, pleaded guilty W a felo- niong assault, She was sentenced to one year’s imprison- ment in the Lam mgm Michael Downing Lodwick Fick, who were con- vieted of robbery in the first degree, were each sent to bd ape ‘ison for ten years, being the lowest penalty Ww . Gustavus Ludwig pleaded gmilty to an attempt at arson: im the fourth degree. He hae been an inmate of the Ta. natic Asylem, and the District Attorney was furnished with a certificate of that fact. The City Judge — by his fr aarglary in burglary in first |, wae at the bar for sentence. counsel said that the verdict of the jury wae in direct conflict with the rules of law and the of his Honor, He moved a suspension of sentence until for a new trial. The motion was Who was convicted ow Friday of bur- glary in the degree, was sent to the State prison for john Dovel pleaded guilty to : iy a on Richard Lesiio, and su him. The Judge for five years. pleaded gnilty to forgery in rth , and as the evidence against him was very slight, Judgrent was suspended. City Intelligence, TRoveLR IN THe Coetom Horek.—An investigation ie in progress at the Custom House to arrive at the truth with regard to a charge of peculation preferred against cer tain clerks in the warehousing department. It secms that some months since a clerk in thie department was served with a notice to quit the service of Uncle 8am, togive place to a democrat whose political notions were more in ac: cordance with the powers that be in Custom House matters. The discharged clerk was, of course, very indignant, and in revenge he sent on a letter to Washington making cer. =m grove charges against parties bigh ip official station AS the allegations were specitic and probable, it was —_ ut to —— Mr. JB ye ee lal agent Treasury Department, to inquire ‘ troth. That gentieman commenced his investigations on Thorsiay last, and they aro not yet concluded. Of course the result will made public until @ report shall have been mate to headquarters. ‘The charges against the officials are to the effeet that certain moneys which should be paid into the treasury, clings to the rs of the deputies and clerks. It seems that many merchants, to eseape the charges of warehousing and carting their goods, obtain permita to Jet them remain on hoard veseels until they are re shipped oF otherwise dieposed of For these permite a certain per centage on the value of the cargo is allowed the govern ment, and these per centages, it is alleged, are never 4 over, but serve to enrich certain interested parties. is investigation is causing a flutter in the Custom House, and — reveal placers to which Fraser river is @ mere nothing ‘ Cavauny Panape —The First regiment New Vork State militia, troop H, of the City Horse Guard, will parade, dismounted, in full dress, with fatigue cap, fully armed ‘on Monday evening next, the 27th inst. , at Second avenne, at eight o'clock, for street drill. Capt. arp requests that every member belonging (o the — will attend this parade, as the troop will go through the broad: sword exercive, togetber with cuts and points combined, finishing with attack and defence, in front of Washington statue, Union square. TaRcet PaRaves —Tho number of target companies that pase the Heratp office is constantly on the increase, though it is not likely they will bo as numerons thir as they were last year, in consequence of the hard times, The following among other companies were muticed re cently — The Garry Owen Musketeers Capt. Gavacan, a fine look company numbering forty musket, paraded past our te on the 10th instant. They spent the day at the River House, Harlem, and gontended for twenty five beautiful Fox Gnard, Capt. Rdward Field, paraded fifty muskets, and shot for forty valuable prizes at Astoria. paraded forty mus. ” n prizes at Lee Penavan Muske ith, paraled forty muskets thirty prises at Weehawken. Empire Light Guard, Captain Keyport, paraded fort, five muskets, and shot fer thirty prizes at Conrad's Pari Brooklyn fee Men, Captain Desmond, a hardy looking set of men, paraded fifty muskets, and distributed forty ©, SWF bur at Giftow Park, Btater Island FIRENEN’S TORCHLICHT PROCESSION. Return of Warren Hose Company No, 33 from Philadelphia—Grand Reception by the Fire Department, &c. ; —— ‘ A large nuinber of engine, hose and other companies of the Fire Department turned out last night to receivo Warren Hose Company No. 33 on their return from Phila- delphia, where they have been on a visit since Wednesday Jast. On their arrival in the City of Brotherly Love they beeamo the guests of Hose Company 29, and the whole Philadelphia Firo Department turned out on the occasion to welcome them. Nothing, it appears, could exceed the hospitality with which they were entertained ; their brother firemen of our sister city seemed to vie with each other in their attentions, and the returned visiters will long hold their warm hearted and cordial riendship in vivid remembrance. When leaving Phila- delphia they were escorted to the railroad station by a large force of the Fire Department of that city, and were accompanied by three of the members of Hope Company, who, we understand, are to be their guests during their stay in New York. As it was understood the expected company would ar- rive in the hulf-post nine o’elovk train from Philadelphia, the various companies which intended to join in the pro- jon assembled at or in the vicinity of the Jersey City Ty, Where the line was to be formed. A committee of three from Jackson Engine Company No. 24 crossed the ferry, and on the arrival of the returned firemen escorted them to this side of the river, where they were received by a large delegation, consisting of one from each of the companies present, At halfpast nine the train arrived, punctual to the hour, and with it the expected company , who were received by the committes in due form, and who accompanied them across the ferry, On reaching New York they were greeted with a cordial welcome by their fellow fremen. The streets were iMouminated with a perfect shower of rockets and other reworks, while the torches, which now flamed along the rapidly forming line, Drought out in bold relief the pic- turesque uniform of the men. There were twenty-six companies and thirteen bands, and the whole number of members in the procession could not have been less than fifteen hundred. A large mass of people assembled at the foot of Courtlandt street, and in fact all along the route of the procession, and greeted them with the most enthusiastic cheering as they passed. The men them- eelves showed their appreciation of this manifestation of popular feeling by cheering in return; and they must have been pretty well tired before they reached their destina- tion, The following was the order of the procession: — Band. Jackson Engine Company No. 24. Band. One delegate from each company. Delegation from Hope Bass Couleeny, of Philadelphia. Board ere. Warren Hose Company No. 33. Gulick Hose Company No. 11. Laurel How Company No, 0. Fxcelsior Rngine Company No. Marion Hose Company No. 4. Americus Engine Company No. ¢. Empire Hook and Ladder Company No. 8. New York Hose Company No. 5. Niagara Engine Company No. 4. _ Mazeppa Hose Company No. 42. Waehington ery, No. 20. American Howe Company No. 19. Columbian Hook and Ladder Company No. U4. Dod Band. ¢ Company No. try Hose Compny No. 23, Band. Marion Engine Company No. 9. United States Hove Company No. 25. Guardian Bugin Whitworth’ North River = Company No. 0. live Oak Eng ‘Zephyr Hose Rand. Winnte Hose Company No. 62. The whole procession was under the marshalship of Engineer John Bruce; and the tine formed on Greeawieb street, with the right resting on Courtlanat str verse order, The course of March was up Greenwich street, Warren, Broadway, Fulton, Nassan, Centre Leo nard, Wi Tenth, Greenwich avenue, Kighth ayenne, Seventeen: Tenth aven' street, Spring, Sullivan, to the No. 33, where they diem Many of the machines were very handsomely deco rated, and nearly all the members bore toreles or flam beaux in their hands, while some carried lanterns. Hos» mpany No. 11, whose cart is a splendid piece of manu jactore, had it ornamented with wreajhs of flower: Bot Engine No. 2 was, perhaps, the most attractive affair in the whole procession. A stuiléd figure of a fox occupied Most conspicuous place on the machine, while above hum was a parti-colored transparency, bearing upon it the in: seri “Swamp fox.” Hook wad Ladder Company No. ® had their truck also very tastefully decorated with flower wreaths; bat Engine Company No.4 might be literally said to take the shine out of them all, fur bad an immense calewun light erected che and a8 this was turned full fF : ids WL ances ill temple of liberty, whose pillars ae dome were wreathed w , while the of + —intended, doubtless, as the prenag Kee bius—was vot « bad representation of Young America. Se Ta jn illuminated letters of “ ‘cctore, ant oe 10) During their march along the ronte firemen never ceased «i ing rockets high 9 air, felt As the route was quite long, it was considerably twelve before they reached the end of it and the A asd Jackson Engine Company No. 24, at whose bouse they sat down to supper. A number of toasts were to be proposed and speeches delivered, all of which we take it for grant ed took re, for, as the hoar at which the entertamment wasto given was rather late, we were not present. We have no doubt, however, that both the hosts and their guests had « pleasant time; for, if the firemen do not know how to enjoy themselves when they get together, pom ag ie no such thing of social enjoyment in this world. Supreme Court—General Term. Serr. 24.—John Fo Butterworth, Receiver of the bland City Bank, os. William and John 0 Brien. —Thik case waa argued at the General Term. The plaintiff, ag receiver, bronght an action to recover $10,000 and upwards from defendants, that sum baying been paid them by the bank as usury within one year before ite failure. The ground on which the defendants demur to the complaint waa that by the statute of 1850 corporations being prohibited from interpesing the defence of usury, they cannot recover back money pard as usury. The plaintitl claims for! that he bas a right to recover—first, under the statute 1K. 3, Pp. 772, see 3; and second, that he can, at common law, without the statute, recover back money thus paid con 1860 probititet cor- contract by reason Brooklyn City Coart. Before Hon. E. D. Culver, City Judge ACTION FOR SLANDER—D MAGES FOR CALLING A MAN A LIAR. Phail.—This was an action for slander, and damages Amounting to $10,000 were claimed. [t appears that the yon painted defeadant’s house amt <4 ine bil $506 32. The defendant. alleges that by verbal agree th the plaintif he consented to do the work for $250. Mr. Bonner sued for the money amd the case was tried before a referee. While giving bis efore the referee the plaintiff swore that he tritired pi. wo contract with defendant ax to the amount Of the bill, whereupon he (defendant) manifested » good ed to look him out of countenance and called him a liar, Subsequently, on leaving the Court, defendant, av alleged, repeated the expression Thie is the baxia of the action, and the case being given ty the jury they Drought wa yordivt of $609 for paid, deal of npeasiness, 1