The New York Herald Newspaper, July 3, 1859, Page 3

‘ | ‘The Last ‘Tragedy om the Michigan Senthern Railroad, Gorrect List of the Killed and Wounded. Statement of the Presi: of the 3 i ry F 5 § 3 i +H H : g H E H Est wate shrough. it je during the wet ton, adv suisiont wail the Solvent Bair full” During, ferce storm whict-provalled ou Monday evening i i cu | as : i zi tae Hi iit E Ba rf i Ee Ze A al as almost complet ib Hew saan berrops «The soene which bh seaee Breet jeacribe, | Det thoee who were: i fs i Sie Sear bie to aish objecis, a oe ho eneapat death or wnrore jar Feit® Eerie H ec Eee 3 2 g & iat 89993 geret £5 465 A eg Al gee 5g 252 s 5 3 ga 28 esha, Wis., who are considerably bruised, particularly the iady, who dade it difficult to get around. She sa ‘hat tf she once home she wil Dever leave it agai, ‘fhe third peraon is Mr. W. H. Williams, who had hig foot ut and received some other sligat injuries. Tney all lost Weir baggage. It w: fraperies at would leave for sdboir homes last night. W. is from Milwaukee, Ove genueman. Whose name we could pot learn, but who resides at Rockford, went through with the corpse of ‘Tbe following are the names of the dead, #0 far ascould 1.—Hartwell, United States Express - Has e wife end family residing at Toledo, ‘Oblon'Te in eeatod ‘that be had been endeavoring for 4 year past to obtain a post fs meseenger On this route, in order that he might be witb his family a part of his time. He had been running Se ee hail | Df iggege master. ded at Toledo, Bie body was taken to Toledo on Tusaday, as well as that « 3—A4 laborer on the road. Could not secertain his ‘meme or where he polengen. y 4.—A female, about fifty years of age, of large siac; thin gray hair, and wore a wig. She was supposed to be ® Mrs. Campbell, from Elgin, in this State. -b—Jack ——«, Irthman, a laboreron the road. Lives at Hoverville, Laporte county, Iod., where his: remains See a oe — A girl rears of age, body not identi. led. She had on a calico "areas, rats hoop air tinge! belt, nankin pantalettes and kid gaiters. She had’s false raid m ber hair, Jt ts suppozed her name ia Tidewell, a8 fdcre was a family of man, wife and four children by that ‘Baws on board thetrain, four of whom wore killed, and Gne fatally wounded, while but one little boy, about ten years of age remains of the family of six. 7 1.—Female, supposed to be Mrs. Tidawell, mother of the avove named children. She had long black hair, wore * rese, black caszimere gaiters, and bad three rings 00 the third finger of her left hand. Her height was five _ feet two inches. Where sme from we could not learn, ‘ut it was ascertained ahe ‘Was going to Thompsonville, Connecticut, with her family. + §—Sosan E Sumner, wife of Increaze Somner, former- Jy of Rockville, Kankakee county, Ill., but reaiding in this eity for the last few months. e Sumner, with her three children, Alice, aged nine, Neville, aged about six, aud Mary, four years of age, left bere on ‘Bight tor Boston, where they were going on a visit. Mre. Sumper, Alice. and Neville were killed, but the youngest, Mary, by a miracle escaped wit” afew slight miees. It ia Buppored that little Mary either was thrown from the window by Mrs Sumner or by the force of tue coucussion, as she Waa found a short time after the acci- dent clinging to the branches of » tree which was lying in ‘tho mtream. Her escepe is indeed miraculous, The bod; a Alice has not yet been resovered, but there can hardly be a deub. thatehe has shared'the fate of her mother aud Drother. Mr. Sumner returned to this city last evening, with the body of his wife and sop, and with his living daughter. 1 9,—Nevillo P. Sumner, son of Increase Samner, men- above. 10.—A emall. boy, named Tidswell, one of the family Mentioned above. One of bis legs was completely tora off,and found at some distance from where the remaining ion of bis body was discovered. ‘ , ,1L.—Theodore Tulip, engineer of the train, He resided. |,’ @& Laporte, where his remains were conveyed for inter- ‘ment. His brother, who was fireman on the train, men- Stoned in No. 26, was also killed. 12.—Man, Sandy om lexion and whiskers. Face much freckled. He about forty years of age, wore a Diack clotn cost, light cassimere pantaloons, white shirt, stogy shoes and no stockings. He had tickets from Chi- BA nlis boy, about old, supposed to be . _18.—A little boy, about one year old, su; one Of the Tidsweli fanily. ag! ? 14 —Female, about twenty-five years of age, dark browa Bair. Had on a plaid giugham dress, brown worsted skirt, home made cotton hose, and gaitere, Was going to New Yosk. 15.—Mary Ann Curran, wife of John Carran, of Dunkirk, N.Y. Had been on # visit to Lawrence Fitzgerald, her brother inlaw, connected with the American Express Sompany im thia city. Her body was identified by Mr. Fitzgerald. 16 —Cornelius Walworth, from Rome, Lenawee county, Michigan, fifty years of age. Mr. Walworth was retarn- ing to his home from Atchison, Kaneas, where he had ‘deen after his ecn, Philander Walworth, who had been to Pike's Peak, and had been taken ill at Atchison, The son was cif the trainand is severely injured, but it! hoped ho will recover, although when the train left lasteveniag hhe was thought to be worse than in the morning. 17,.—Laborer, Could not learn his name. had been taken to Laporte, where he resided. 18.—Thomas Irwin, from Philadelphia, whither he was going. He had been at work on the lighthouse put » Op the break wi in our harbor. He has a wife aud children in Philadelphia. 19.—Man. Had red hair, combed back from his fore- hhend, about twenty-six yeare of age, Had ona light cas- gimere coat, brown ribbed csssimere pantaloons, stogy ‘boots, white shirtand black Kossuth hat. His height was five feet ten inches. « ‘20.—Man. Thirty years of age, or thereabouts. Bleck hair and eandy whiskers and goatee. Hoe hed ona black cioth coat, light marseilles yout, pink koit shirt, black ‘sik cravat, black cassimere pants and congress gaiters. » Hie beight was five feet ten inches. 21 —Patrick McNesley, His reaidonce or other facts we ould not learn. He was about sixty years of ago, gray hair, and five feet nine inches in height. 22.—-Peter Muliary, Conld no. learn where he was from. Ho was taken away by bis friends. 23.—Berjamin F. Sheeter, of Sparta, Monroe county, Wis. He was sixty-five yoars of age. His body was identified and taken by his friends, ‘4 —Henry Fleckinger, of Iowa City, ows, on his way to Reading, Pa. 25.—Benjamin P, MoCullough, Lawrenceburg, Ind. 26.—-D. Tulip, fireman on the train. He was a brother ‘Of the engineer, and resided at Laporte, whore his re- mains were taken. « 27.—Thomas Mahan, train boy. He rosided at La. ‘te. Pr Man, Light hair and whiskers. Had on ribbed eassimere coat, white shirt, black cassimere pants, calf ‘boots, and biack silk neck tie. 20.—A ricketty cripple, @ tailor by trade, from Laporte.” Could not learn bis name. 80.—Boy. One of the Tidewell family. 81.—Mr. Smith, road master. Lives at Middlebury, Ind, 32—Wife of 8. P. Gillett, of Stone Mls,” Jeferson ty, New York. 38.—ffallace, a son of the above named, agod four 34.—Alice, daughter of Increase Sumner, now residing Chicago. Her age was nine years. Her body has not been recovered. * §5.—Benjamin E. Smith, of 90 Wall rireet, Now York, @ied on Wednesday, about thirty hours after he was taken from the ruins. ‘This completes the list of the dead, so far as could bo @ecertaincd previous to leaving Mishawaka at four o’clock P.M. This list will, without doubt, be increased, asa number, who were nrotty certainly on tho train, hayo not Been discovered. How many it is impossible now to tell; ime will only develope the full extent of this terrible Calamity, which may be placed as second only to tho ter- eran eval: tragedy, whioh is yot fresh in the memory « THE WOUNDED. Tho following is tho list of wounded, copied from the note book of Dr. O, Hoyt, of Adrian, tho physician of the oe Crandall, Jefferson county, New York; able to Mre. H. B. Hoffman, Davenport, Towa; not severoly. Mary ©. "Witton, "Marysville, Wisconsin; lof band ‘M. N. Carmith, New York, bralsed. « BA, Rowo, West jew York; slightly, Pareon Brown, hai htly hurt, 8B. C. Rose, Coldwater, Michigan; slightly. John Hick#, Jones county, lowa, slightly. ae Biram Sibley, Rochester, Now York, slightly Injared. Mary 1. Sumner, Caughter of Increase Sumner, of this 4 ely, Praleod on the Face, but not anes. 4 mucl Akin, from Austin county, lowa, hurt somewhat bn tho ankle, vine going to Union oy. alightiy injarod. Riebard wife and daughto) is wife and four ohf!#ren, residing tn Aaron Van Syoe, ‘Warren county, lows, and ow thelr way vo Bale, Ohio, ong he ven, H fArnold, of Garden eut on the head and right Pillander Walworth, who had been to Pike’s Peak on his way home to Rome, Michigan, father, who was killed, 2k: i i t Ee B F the ears going ag her ebild, sho tnrow it out ‘was picked up afterwards, breise on him. A big! ‘protected 4 = i “< > H di if ‘Miss Porter, of Stargos, the'Sumner’s. Sho was injured, although ab Ee gEe Hi EE ne f while ‘kod the Greek salu eration commsnced, »p} Sepa toes treed ae ayaa laze. This commanded ¥, Addison, Vt.; in, Maine; both in- , of Kan Claire, Wis., ts badly hurt, but is i badly injured, and can family will thus be the disaster—on6, a lad about ten years of ge, Vs id ‘Thin family wero on their way 'B. Schau, of Chicago, pretty badiy hurt, but not coast: 3 of Chlaago, pret m Sturgis, Mioh., on his wi adly bruised in his breast, @ considerable amount of money in g>1d be bi ht with him from Pike’s Peak, on the train, named Orrin Olmsted, of ly burt. His arm and leg broken in two Id, of Rochéster, N. ¥., slightly , of Woodstosk, Ill, slightly. ‘urs. Dot connidered dangerously so. One of the Tdewell ti u James 1S, Alfred are ‘Mre. Chester Gaw, Patrick Weir, badly iojured. ery: set in, and he will prodably die. He was em- ployed on the road. Patrick Owen, ekull fractared. It had been trepanned, and he will ‘. ‘Wiliam Uroey nigh aoe pe See ond on haar. Says Makaahaw, lower limbs injured. , Morria, Ill, side and head injured, Hs r Hi iJ ; her health, and burt, but there is s pros- his name. " Pa., somewhat injured, , Of Bt. Paul, on their way to injured. ‘ lightly inj , of Marathon, N, Y., injuries There may be a few more slightly injur above list, three, and per! Every attention was belog bostowed the victims) by the citizens of South Bond and Mi Hon. George Biiss, the Président of the road, Colonel Ransom, one of the also. ground, and hay alt pe peceerary attendance, clo‘hing, thing that may be. needed ‘wi pursue bis rigon and wife , were oa ‘suas the company will psy pplyiag every one with the ., and in faot every be supplied by the com- é following is the statement of Hon. George Bliss, peat oe ‘was on the train at the time of GEORGE BLISS’ BTATEMENT. inst. a very severe rain storm, of several hours’ duration, accumulated a large body of or: gorge in summer, midway wake, and carrie! away a On the night of the 27th water in whet js usually a between South Bend and stone arch culvert of nine feet span, with an em! about twenty feet over i ‘The night was very ‘BS usual at about the latter hour, conprising a baggag: an emigrant passenger car, ‘second cars, the last iy tolerably bane ing car ocou] with an unusual number of women and children, eso whole train plunged into the gorge. grant and segond clase car feil nearly, upon tender, which were buried quite out of si and water of the stroam, now from feet deep, the foremost three of the first class cars fell further into the stream, and not on to; on their eides, and were entirely car feli inside of the others, rightside up, careen- le, in three or four feet of water, but was com. red—the lamp in e of the passengers which was a sl berth to six or eight 9 of each other, bat crushed. Ths despatched it two miles distant, and many soot arrived at the sceve of disaster. As to the-cause of the accident, so far as I "can learn it was entirely providential and unavoidable. Usually there ‘was little oF no water passing through the rain for may hours ‘The culvert was examined at men shall be on duty and pass storm and examine all the brid; hour of the day or night, and rewewed this order within the last ten or By noon the next day after the accident there was 89 litle water fin the brouk thata person Asvw the number of passengers on the train it is im- possible to aacertain with accuracy, as the conductor was fo much bruiged as to be obliged to go home on the firet bodies taken out of the'wreck thus far bas been thirty three, andtwo have since died, making the total thirty-five, STATEMENT OF A. J. PERRY, OF NEW YORK. * Twas in the sleeping car with my wife, wife’s sister, Mrs. Dakin, infant and nuree. When the sleeping car went into the ravine it turned completely round. first knowledge I had of the dieaster, I foind myself in the water fuil three feet deep. fore the car maintained its my wife and her sister could easily step train. The number of dead It was some momaats be- ition, and thea I called to nurse, acd found them al! I first carried out the infant up to the top of the ‘Mrs. Dakin, then a strange in- By the time I had ac. T went down to the water, and found ad aubeided—it be’ foot deep. There was no person killed in the sleepiog car, although it was 20 ropor! and al! my clothing except what I had on, as did Mrs. Da. kin, my wife, nurse and infant. A CARD FROM THE OFFICERS OF THE ROAD. ‘We notice in this morning’s Democrat, Times and He- raid, remarks reflecting somewhat upon the offloers of the Michigan Southern Railroad. First, we are charged a disposition to suppress information relative to the acci dent, Second, tht we were repeatedly solicited by citi- zens during the day to send a special train to the acene of digaster and refused to do it; and that we remained as apparently indifferent to the matter as though it had been Now the facts, 90 far ag we were concerned, are brie’, these: We were apprined of the past 9-A. M. on Tuesday, but all the information wo at that time received was that an accident had oocurrod the fous, near South Bend, and some thirty persons ‘om that time until late last evening wo were constantly soliciting information, which we were por! willing to leroy se} the public as he nym ms id we did receive, sud as wo received it, wen! e pul i sible, We received Information uth Bend and Mishawaka hed ten all the aid, medical or bank, then my wife and {ter that its mother. complished thi! ‘that the torrent not more than a Loat all my baggage accident as cariy.as half a8 expeditiously a8 that the citizens of dered their services, and that otherwize, tha} could ba employed wag at band, and, coa sequently, none was required same time we were advised that there would bo no safety in attempting to send out a special train from this place, bound trains were irregular, and sub- by citizens, ‘‘as stated,” to sond a © often asked whethor wo wero » Sd as often replied that we would any possible safety in sending urge ‘us to dead a special train while all Western. ject only to regula We were not solicited epecial trata. We were going to send @ train gladly do go if th No one seemed to but two or three cf the rey ono complained who understood, and cout: the circumstances connected the difficulties we labored under in The $ P. M. train, which went out last e that woro desirous to go to the assistance GEO. M. GRAY, Gen’! Pags, J, Nornncnam, Gow] Fr’ght Agt » M8. & NR, Cuicaco, June 29, 1850. Supreme Court—Spectal Term, Before Hon, Judge Roosevelt. MOTION TO DISCHARGE A MERCIANT FROM ATTACH- this sad accident, and receiving information. veving, took all of their friends, . Tory 2—JTames W. Paige and Others vs, L. 0. Wilson & Co.—This ia 8 motion to discharge an attachmont issued against Mr. Wilson, one of tho firm of 1, 0, Wilson & 0o., aad that ho wasa non-resident of this led in Norwalk, Conn. ‘was mado by him in the Saperior Cour: ‘and now the mattor comes up vitse The Supreme Court havo heretofore dovided that though a defendant bavoa domicil clsowhecre, yet if he ar place of business inthis State, which ho ally ds, so that be may be serycd with proosss, he ia not a non-resident within the monnio, law. The Superior Gourt hold otuorw the papers and reserved his deoistou. Wright Gillies and Others vx. A. Hoysraata reon way bo sued ives himself whon afitxing | ‘spelt in foil or by abbrovias agent for plaiutli with cose, Btate, and resk A similar motion frivolous. Any ire, wheihor it bo Avan. Ju NEW YORK HERALD; ‘SUNDAY, JOLY) 3,! 1859. Whe 105th Commencement of Columbia College. Niblo’s specious theatre was densely crowded yesterday Dy avery select andience, chiefly composed of ladies of ta an acknowledged bon tun stamp and fashion, to witness the exerclees of the Columbia College Co amenooment. | Barve heen tied and desermined, of” wea the further en Every seat in the parquet, the dress circle, the family } der of the Court. eircle, and even in tho third tier was filled; all the halle Schuyler Frauds. and avenues to the parquet and the saloons adjoining were TO esas coed crowded with‘young ladies and gentlemen, ar \--ia-arm, Before Hoa. Judge Sutherland. enjoying the coolness of their situation, while those im the | Jury 1.—7he New York and New Haven Railroad Com. theatre evinced much energy in fying the thousands of | pany we, Robert Schuyler and others,—The Judge rendered fans thas moved among the audience. ‘an elaborate opinion in this case, the facts of which have Te was lively, animating scene without the ald | been already reported, He says that im the case of the! Of gasiight, | The young Indies looked quite as pretty, aad |. Mechanics’ Bank against the New York and: New Haven their fans, rendering the scene one of continual motion | Railroad company a Kernan, 600) “2 Joaereenlag ara un I sare inne. | SRownen of cpt attic wad lowed by te Aeatepccnees Pecan tpn nreny epee vhs io the andy of partis to - | Whom had been dit ‘iseued | 7 than eny thas soreened them was td quick motion.” Che | hgh ead eee ‘by Sshuyler of college, who ‘sheir favor.te young friends in bag ober them to tho rear ane theatre, and interva’s fan Dearis’ ‘shroago many ‘rosa polka and redowa, while those without were con! beorvations and ‘smell ta'k.”” a”? and Corcpation march by Meyerbeer. of seats foued who wore in search especially by the Sian iaaeineen Gabe ae 4 of nob kuow what or whecutord they were ‘ppg “the ‘An Eogiish salutatory oration was aisodelivered:by Mr, | *W9 cases, arising from a difference ia the and toe J, Avaustus MErrER, of the graduating claas, which eeit | CoUkequeaces of the acw ¢if held valld)’of the or ed cousiderable applanse, and was fuilowod by a waite 8 of the two geleadantoornonatinng. asto which, ant from Lanner by the band. effect and consequences of which, the questions in tbe he Au Oration, entitled “Italian Nationalities’? commanded pent " Maes Moan preety _ vperadeeesnare emendous Spplause, évincivg toat #piris whivh, oo what " ever touches italy at the pressat ie sure to been- | 2ny the authority of Schuyler to make an 88: thustestic. wasn nc he co the pene bof capita Beno oven An-oration by Srernen R. Ryvwoups, of which the title irpeee of compel deat to respon was “* The wpedhast Purpose,” was fal of genuine aud | @8™ERes, on tho theory that the over issue was geauine, stance, .. | Without holding that an eatoppel oduld aad should ayaa ddr nip ascot aramndnamesen gage) 81 Svan Uglaivve Vihations Wwhsress, ana, Four oth Ds were delivered dur the after. | the case Agaivst the Batchers’ and Drovers’ Bank, thei noth, somes PC them gute le sopiamd call Cicgion p. | ie corporation was bonnd by tbe certificate of the teller plause. @ jagthy, ” sn the’bon 8 of bona hae hover, ‘and abou! t not be per. m deby the trash fact certified oy the teller, ease smart at ney ae pr tv | en Sn ea a dente Yoico Ubroughout the ceremonica was wt times | false corwnckte of ite offloer, Fay ms Bick og tea thn — inaudible, owing probabiy to the sizeof the buuld- ier vee fone athe the fac Hy yA ete ‘ " D arts referred. to ésMt upon me chit the Aurore walls. was duly disooursed, the Presi. | 1% rant une motion for an injunction 4s 0 tho defendaat, Ah ste: the co hich’ in this actiog, who commenced such action azainst the Dene Steer tnen® college, vy wich the proficiency | piaintit{ price vo te commencement of this ection. But ax ceeded to give testinoniais tothe follamrag, vas hepae | the actions of Cornelius Vanderbish, the Precient, Direc- x of the Mechanics” Bank, and by the de. men” of the graduating class, viz:—Jonn 0, Browa,S. | Pert sts cor rt dg tun ad Dumnistade, Wand tn pean mers 7 Supper, Waliam Lagatis, ar@at tisae yah iejunotiod ne to them cannot fesue uotil Immediately afterwards the graduating clase received | %# plaintiff in thin action exeoutes Douds to the plaiotifs their diplomas in thet in ach sevefal actions, with two wuffici:nt sureties, to be pe oper arder Gomer wane: and sufficiency by a Jastice of thle receiving the diploms and his benediction, amidst the | COD condhionea ws req srg 5» Agr to! yond Ee ae ee eee statute (2 Hey. Sials., p. 189, sec. 70), aud severally im arahebrize of the Alamn! Association to the moat falibfal } the penal avin next herenfter specided; auch boads. 1 be’ ta tole Jolgn rosy Browas, and, soamated at a tance | executed and delivered within six-days after the entry of rbiit ig cirec! the penal sum anne oly Eiward N. Whitehovee end ‘Sharies’ A. | tbe bond to the defenaants composiog the firm of Dennis " toup, Wood & Co, in the sum of $50,000; and the Jackson, Jr.,of we graduating na de toe tans nate: Meeate the wie pani Bet Mited wah cts ee: os pen! reg in case the plain : all neg cute who were prevented by illness from completing their bea “ye by aoues:: ay soggy! regent my ‘The dey of Bachelor of Arts, caurd honoris, will bo 'y for a diecnarge or ifvavon order upon conferzed upon J. Emory MoCliatccx, tator'n matuome, | “0° Rotice, Costs to abide the ovent. tics. i | The yalediotory oration was delivered by Me. Eowann Ls geomet Merete lat yy I B. ANDEREON of the graduating clase. He manner a Before Han. Judges Daly (F. J.), Brady and Hliton. imes was |, but the amoant of sal ce and in- PRACTION ON APPEALS FROM MARINE COURT. tren the action he ovisced in us dalvery. ns “NTS | Sexe 28.—Wm. Hime we, Dennis Julien —Taago eiton ed sovtinw Ned wane 9 percent Verdi } delivered the opinion of the Court:—On the trial of this en) 1@ audience, wi . Anderson ieft the stage, | action before one of the Justices of the Marine Court, jadg- pet \ eas re by bouquets from the boxes and Lin os Sven for vd plaintiff. The rove ringel Fi . ° rf term of that court, where the jadg- One feature of the exercises was rather incomprehone!- sty wae reversed; and from this decision of the genera ble: A gentleman stepped forward to the: footlights, and | term reversing the judgment, generaily, aad without a wert oer) vouquets displayed a cabbage head to | awarding s new trial, or in any way determintog the perdi +DOe; then threw it on tho stage. If this is rights o! parties to thé action, an ep eal ie brought to ne a ceremony, the Columbians alone under- re ae EF lenge rome by the Code that ye a : judgment el ave been rendered. hy the general term The andience wended ite way from the parquetand adi foe Marine Court, the appeal shat! be t0 tals ooarts bat Miers, while the band played the “Sturm March,” and | it shall only “be from an actual datermination at‘sash the students, each with a bright face, a pretty bounet, or | peneral term’? und asa Judgmeut is described by section cluster of chris over his arms, left the theatre as heppy | 445 to be the final determina:ioo of the parties in thie as Julius Coup after he the Rubicon, sction,’” it seme quite clear that this case is not in @.con- dition to be brought before us for review. Tnere hus* General Theological Seminary. been no actual or final determination of the rigats ANNUAL SEBMON BY REY. THEODORE B. LYMAN, D.D., | Of the parties by the Msrine Court; and unt: such OF PITTssuaG. @ determination is hed and the case'is at an end io that a court, it ca! be brought here, it being the policy of the ‘The annualivermon hefare the, Associate Alumnn: of the | S7Urh, t cant be be Peeks en ae eee General Theological Seminary, was delivered by Rev. bce iar teipeane cate Sinem y Mabou of Theodore B. Lyman, D.D., of Peter’s | to similar @ under the Code (sec. 11) respenti Lyman, Pas Gaertn * | appeaisto that court. And we have ropoatediy eld, ie church, Twentieth street, on Tuesday evening. Gages jike thé present, where the judgment bas been re The Rev. gentleman took his text from the Second ‘Younes se. Caco) jew the om pad Court were clearly istle of Paul to the Corinthians, fourth wrong in nd\awardiog @ now trial; and in many inetances Fpl pebaboaly y chapler and: |: Sipe nppelbean Gentine’ ead ftp reverie cont eae — ‘verse, as follows: witb directions to that effect. ‘That court has, at general ‘But have removed the hidden things of dishomesty, | term, all the powers in reviewing a judgmont brooghs be- not walking in craftiness, nor hand!ing she word of Goa | fore it on appeal that a general term of the Supreme deceitfully; but by man! ion of the truth, commend. | Court has yee cases. It may reverse, affirm or ing ives to every man’s Conscience in the sight of | modify the judgment, and in case of reversal may Goa.” order ® new trial, or, instead, may give fina! judgment ‘The Rev. gentleman ‘proceeded to draw from the ex. | in favor of the defendant, when {f cac ece that no possible spe cf Pent illustrations of the true duty of ambagasdors | state of proof applicable to the issues 10 tho canse mili pa Py lad simpty to eat is tea but 2 paso td meted recovery. Although, in the lan- gives example sy coal guage matock, ‘it is proper to say, sad to. not wait for the world to ack—‘Wnet is the trata?” Fr with great fistioctaese, as the ‘opinion of thie Court, nat They could not thus keep the precious Knowledgé to | extreme caution oughsto be exercised in refusing new themselves. There was a far mighter egency for briag- | trisis where judgments are reversed, The discretion, of ing men into the church than the intellect and understan the appeliate court ebould be exercised in that direction ing. While striving to avoid whetever ‘was ‘ca‘culatsd to | only in cases where it is entirely. pialdy;either from the excite bitterness, they should utter the trath ia peace | pleadings or from the very nature of tho cautroversy, that, and ‘love. In seeking the extension of the charch it | the party against whom the reversal is ‘provounced can should be remembered ‘that an open, practical ope- | not prevail inthe suit’ Ihave no hesitation, however, ration cf its principle was the best means to | tn adding that this is nota case in which such a fual jadg- effect ‘that @bject. The oneness and united aim of { ment should be given. The evidence at the trial may not the church had not been ally acted upon. Théy need. | bave been sufficient in law to sustaia the judgment; yet it ed the exhibition ofa ‘aud more Uatholic spirit—‘he | is impossible for the appellate court to know that the ne. submission of parochial jeaiousies. Let them seek'to cai | cestary proof might not be supplied oa anotter trial, ant tivate more an interest in each others work, to stow tha: | which it was their duty to order. The appeal muat be they are rejoiced in being co-laborers for God. Thus | dismissed, and the return sent back to the Marine Court, ‘would they demonstrate that there was one body, one | that the proper judgmen: may be there given. spirit, one Lord, one gone Daptism, and one hope of heaven. They must themeelves dowa to the A101 eames ‘world’s arithmetic when making calculations as to tbe bg cna mie probable success of God’s work. There was nothi Belore Hon, Juige Brady, ‘wanting to secure this success but the spirit which shoul SUIT TOR LOS3 OF BAGGAGE ON THE STEAMSHIP command it. They must prove that their energies were AUBTRIA. for the innate power of the gospel. Is wasnot the charch F alone which could hopo to prevail unless formed and | _7°%Y2—Thendore G. Glaubenskee te. The Hamburg and quickened by the spirit of Tho evidences of pro: | American Packet Company.—The plaintiff! was pasyenger sess in the ‘gdod “work, of, derabooheg the duty of the} onboard the oleamer Austria, which was destroyed by mani hand; out there was muot I yet to bodone. To convince men’s. minds was notenouga. “4 Lee Ser bs bancitneniteesa slahcuin Faedss With no other teqults their work woald be in vain, for. | ""Wnen a corporation iam. party, the veridoation gald the apostie, “commending oureeives to every man’s | or ine pleading may be by aoy officer thereof (Orde, ‘The exorcises of the evening were opened and closed | clon 157), and fhe officer making the veriiization is not required to stave the grounds of his belief. His veridsa- with appropriate devotional exercises tion i8 tbat of the:party, By eection 184, a sammons may be served upon the managing agent of a corporation, aod Surrogate’s Court. this makes him an officer, for tue purpose of tne action, Before Edward ©, West, Surrogate. within the meaning of the code, especiaily where there ie i w ‘no otber officer within the jarisdiction of the Court. In Jury 1.— Will of David Hrush.—The Surrogate hee @4-} iis casc, the summons: was served on the managing mitted this will to probate. The testator was far advanced | overt, and hie veri ation mus} be regarded as that of tm life, and the ecntest arose ont of the provisions for tbe | the. party. aoe ahi haati id et bie within fy and servi im being aut. benefit of Sophia Brush, widow of the decsased, who wae | fuient to bring the defendants within the jariediction of the legates for iffe ef the entire of the estate, except asmali | the Courts, there if 00 reason why he should not be annuity to one of two sons for‘ taking care of the proper- | treatec as the party jn all mattera of form merely. ty. 16 teetimony advanced by the contestants tended to | think the verification sufficient. Motion denied, but with- prove ® weakness of body and miad in the testator when | out costs. ei i ee and hed ee toflaence was exer- Before Hon. Judge Daly. ol over him ie executor’s timony wont to estab. AN ALLEGED FRAUDUL! lish that the whole scheme o’ the will origimated with the le 4 Abz. Frances, ae alleged fraudulent testator many years prior to its execution, aod thathe | deixor.—The defendant was srrested upon the charge that had at various times'executed wills substantially similar | he nad assigned, removed or disposed of his property, and to the one admitted to probate, On the 13th of June, and | was about to di¢poee of the remainuer of it, aud leave the since the argument in the case .has been concluded, the | city with his family for Fravce, with intent to defraud his widow bas departed this life, leaving a will which is aleo | creditors. After carefully peruring the testimony, #htca now offered fer probate, and the children now take indue | ts yolnmincus, embracing @ loog and extended examina. course of admi: ae oa agen ‘the will of the testator, a8.} tion of the debtor, it in futficlent to say that the facts admitted to probate by the Surrogate. This case will be | which may bo regai ded as established do nob warrant te argued in a few days, and no doubt will present some n0- } concinsion that cic defendang baa made such disposition of ‘vel features. hig property, or that 4¢ ba? any uch intent, as fz allerod Wills admitted to Probate—William McCracken, J. L. | inthe prottearnaty afficavite upon which the arrest was Ambler, A. T. Jones, B. H. Benjamin, F. P. Oumiffe, Sam- } orderet. The warrant of arrest, therefore, and all pro- uel Hendrickson, Charles Davis, Taomas Richardsoa, Nan- | ceedings under it, must be diecharged, cy Duninger, Maria Marea and Eliz Cole. dnagerneningeoepmenneeh qn WILL OF DANIGE NICHOLS. Terrible Hall Storm. ‘Thie will was admitted to provate on the Sth of April, | THIRTEEN THOCSAND PANES OF GLASS BROKEN—TOR 1858. Tne teatator disposed of $200,000 by his witl, mak STORM 4 MILE WIDE—CROPS AND FRUIT DES- ae liberal rere ec iee pcb ana gre TROYED. ving legacies to his ers and sisters, He apprinted Correeponitence of the Cleveland Herald. Brown executor. On the 24 of April last GoW, Ni [eorreepiomonr, @usesrr'Co., Oblo, Jane 26 1680, cho’s filed allegations in manuscript against the validity ‘What hope the frost had left the farmor has just been of the willand the competency of its proofs. The Surro | destroyed ty the worst bait storm I have ever whic gate issued a citation to the widow anc other lagatoos | As YT write the ground is covered with bait siones of the named ip the will, residing in tho city of New York, to | size of robing’ eges and larger, It has strippod the trees show oanse why the probate of the wit! should not bere: | Simoat bare, and probably left nothiog in tho form of ‘yoked, This opencd @ contect concerning the porsonal 68: | wheat and rye. Almost all tho windows which are nob tate of the deceased. In tho wil! and npon the trial of the | eovered with shatters are broken, snd the colloga looks before the Surrogate, it appeared by the testi: | hike a perfect ruin. It would seem as if it wero tmposel- mony of tho witnesses that the testator made his wil! { pio to add anything to the disasier, unless it be to burn while {n a sound stato of mind and on the eve of his de- | the houses, parture to Europe; that he dictated all its proarsions, and The hail storm is about a mile tp width, aad has broken that G. W. Nichols was prosont, and uuited in conagulta- | 9 toast 13,000 panes of glass in Hudava. Saktruction of tions and made guggeetions as to the provisions of the | a) crops and [rut complete, will, The consultation took place at the exeontor’s store, | “4 young friend just from College Hill informe us that and Insted two hours—Nichola being present all the tims. | threo hours after the storm, hail stones by tho haads fall ‘The will was thom engrossed, taken to the Everett House, | were gathered; some of the stoves ao gatbored measured where the testator was then reeling, and there executed } Sy inch ecroas, The storm oocurred at tures o'clock P. by bim in due form. Much testimony showing that the | yf and lasted at !cast five minutes. From Colloge Hill, testator made his will when in a sound state of mind was ‘wert, as far ns the eye can reach, the ground was white La when the caso was submitted to the Surrogate, who | ag after a snow storm, and the hatl lsy in drifts in fence jecided that the will was proparly admitted to probate, | Corners and near buildings. and ho ordered the frst admission to be coniirmed, The storm come from the northwost, and was accom. bec RR A panied by terrific wind, which snappod off braaches of Supreme Court<—Tircult. trees, hurling them through the air, and even into tho Hon, Judge Gould. college roow, through ash riddied of its glass. Two Edward S. ws, Samuel Coll. Tbis is an action | thousand panes of giars are brokow in the college build. for service! jored to the dofendaut bg the plsin- | ing—one room, having eighty panes, had fourteen. lett Uff in the capacity of wecretary and amauanisis ona trip | whole—and the students conid mot shut the diiads, for it to England in 1861, in connection with the gale and manu- | wag no timo to stick their heals out of the windows. The facture of Colt’s revolvers. The plaintif? claim.’ a balanos | college buildings look as. if thoy had witnassy:l aa attack Of $2,186 86, admitting that he bad rece! ved about £800 | from the Allies, belng riddied completely of ginss. sterling, and that on a sottlomont ihe above balatce ro- Of course, giacs was in great demand, which the towa mains due, The case involved a question of accrunt aad | eould not supply, and mecseogers wero Jospatohed to the value of the services rendered. ‘The cage was sub | Franklin and to thie city for glass, Graes, potatoes and mitiod to the Jury, who were diredted to bring in’ sealed | other crops #ro fiat, bogten down, or cutoll as with a ‘verdict in the morning, scythe. We hear of no Dersoon iajary, excopt a rumor JuLy 1,—Ver dict for x plaintif, $2,478. that @ little child was injured jadson. Mary F. Deeg oe, Jaye Rosvarel order | 7 —————— lary rust Us. Jos * Son m ad ‘Bf reference is mado to Charies Stuart, Raq... to take proof RELIGIONS FOTICES. of tho alleged cruelty on the one side and of the al- Ta GREAT WaR—THE DEATH SfRUGGLE OF Jeged_ adultery on the other, and to report the taftum Nations —That lr; man who predicted fteeu rss erent fo nena saa | afats Rie RStioe Wie aE Ge eek tors refating, 0, the 4 of alimony, and ta report PepebeeR ere So oc e 3. tu Uaion Baling, S The Same vs. the Same.—Petiton for, alimony tenied, Sr cuiecnlin teen thane ( eh Pe ete dy Dut without costs, and wiih Locray 40 renew the applin: | slow cf ines nap krvied to host, Saad OCOMMODATIONS Pa Meg te ea ae aegtmenta i cpvenieee yet munent vse Roce Tey uw eo eee (Seeret daily from New PRIVATE BOaRD! athome alwaye. ane. ee a SUIT OF R00! —WItH FULL O8 PARTIAL house the at 2 Fei avense. ne ieee bf be yh roms, with board. “Local ples ats evmuner, Be’erences given and required. &£ ous AND WIPE, by dyed aay ry fog atrest, im the ir yo gis exchanged. | PRPOCRRNT ame Bera ‘snd good ai ¥ recuse by applying S460. 31 ity Mall place, — LET, WITH BOARD, A HaNDSOMELY rye 4 igs Weal t wey ‘bird wireat JROARD Lh SROON, THA Faw PLEAEART ROO JOARD IN BROOKLYW, TWO Senn taw WALE PRow oly ab75 A sid peteremocs exchanged ns ah Hon nnn! YN jig MOREGAN HCUSE, 1A VING BEEN BXLARG! ely return! ia pow open for summer Seren = Dlearant rooms. northwest corperof Henry street, ANTED—IN BROOKLYN O8 NEW YORK a 1g German, jo a small ‘there are uo other Must be moderate, address Verman, Le ha | Tuanly i nose pie te the. iy pl shill, scoeaatble by. ail ae . ", tanker 44 Hy man sreet; P. Gassner. a, terms, 40, address a. W. NTLEMAN AND ANFION HOUSE, LOK@ BRANCH, . J., 1S NOW ‘Open far the reception of — x BAMUBL LATRD, Proorieter. wees pen In sBOOKL' vy wits Doara ana stones : Treeeh family. ‘Bodaien once, ORAM IA Taw Linon axp, SPACIOUS PAR. Doabere Seer the Huceon ‘* by ratlvoad 0d steamboat F box 190 ofice. ona 300% WIRBOne, BOARD WaNTED—BYT we Deiwean teen re whb a'i the modern improvements. Geqund and rixch House, with falt ROOMS TO LRP, WITH OR WITHOUT yuire on the premises, 8 Wyckoff street, Brook. OOK AWAY, LONG ILAMD, OOM? TO LET—WITHOUT @ private house having all the pe roe wey and 117 Joka st, given and required. Inquire at 232 any PSST wih iors tnd. ht parce’ fo" he suena wt [20 a SINGLE GENTLE | lon.” eeRoIs RDO Proprietor. © ‘on Sundays), to s nest eot- eet. References giver and re ‘Alpha, box 187 Herald ofllos, ur apoiy on the saemmiens, Ei CBCRRA ROOMS WHE FOIL On PA wae Mal FURNISBED OB UNFUR- some newly finished and FULL OR PARTIAL , mm de obtained at 15 Hudson Terrace Hoboken, shalt Sirtance ot Cteego county. The AN-BRB ACCOMMODATED WITH er, and can be reached tm ferenocs required ISHED ROOKE ON FIast bouee tained las: parties or gentlemen. A desirable h: ENTLBMEN AND Wiv@s CAN BE ACCOM board the residence of J. ud, ten minutes’ walk below Vander: g, on avenue, second hones on lett from Rew York; amp'e grounds, hot and eld water bata. FOURNTSF PD, P suilarle LE ABANT ROOMS, WITH for @ gentieman and wife or Jeasant acd conveniuat to care P TOWN BOARD.—MUBRAY HILL HOUSE, CORNER Fortieth street and Fixtb avenue. Tats is one of the mos u in the chy for summer noard iia of rooma. expresely for the on rooms for gent! at lemen at my “_W. G, GALE, Propriator, NTED IN HOBROKEN—ROOMS AND BOARD RY stating terms, box 1,273 Post tz te oe FISE IBLAND ms anes es Kiso oa L-- CONGRESS HAL! : two youvg men. sddress, i vewiences of a firss class hot ore bundred yar¢s of the beach Foomu can do eo by addressing Woolman ttokee, Long is BOSD Sena et 7UeRee ‘board, in a private tamily, ee Me ONFURSISBED Se without NELSON PLACE, BETWEERX EIGHTH STRE#T AND ‘averiey Pe also parlor aad bedroom WEBURY, NEW JERSEY. ‘ort Weabington, is now in ‘eagant rooms for 3! surpsased. Good atabling’ ‘ABICK STRPET, BT. JOHN'S PARI The gurro Stlords many: , THREE DOORS FROM BROAD. roished to fu Il the fire! olaes hotels the building there is ar from the feacocnet Houre, in Litke ‘ke location te near al ‘breezes and excellence epee ok apmaereann sa te wae 128 pair Btls | STREET, ict one or two gentieten, gaa be had will or 70 . siz o'clock. 143 ene WEST TWENTY SIXTH STRERT.. that ble private resid 165 ‘Aight avenue. | if aol Ww J, PROARM, 197 @ , BETWERN FIVE #4 front room, suitable board, Dioner at /PPOSITE THE MERCANTILE Bi Toms, wih or without Dowd, om rest remain for {6 years. Apply to aireet a! BROADWAY ELEGANTLY FURNIBHED R00 ® ingle gent 1 WL OF Wita: partial board. ‘The above boure bas beon thoroughly re paired and refertished, and tig eenirel Joostion for ‘niatneas men and proxim! 68 ; men and proximity to places of amusement render it s deaira <A PRIVATE FAMILY RBSIDING _O¥ f the Biudeon would accommodate two or three iry reoms, good the premises. ers}l families with 3 bathing, dc. inguire of PR BRSSING CAPE, UMBRELLA AND SEG328 LEFF behind. An interview is requesied withoat delay. Sead A PRIVATE (PAwLy, READING Av FORT HeMtt, om, CAN Bccommedate gentlemen and their s \. gle gentlemen with splendid Fooma and Doan for tke semen ply on tbe premises to Dr, J. F. INTERNATION #1 AT7 P. from the Oxtholfs Church on Harall MORTREAT BB CO. FY, G Ate VARY Wak. xoTHING aT 411 Do = ing. : L F.@. a ‘OABD IN THES COUNTRY—FOR A NUMBER OF uatly, where hi: we Wind EET asta da aecea wen land: &, Sebing. and allo Joyment. «addrees Mr. James foot, Red Bank, New Jersey, OARD ON STaTEN ISLAND—THREE OR persors can Be Aosomamodsted in & ott house from the gorne: it and Fidh avenues: a beantifal view of tha bay, and eight minutes’ walk from the first landiog; or the same would be let, furnished, Inquire on the premises A. AND E, B.O. HAVE LEFT TOWN, + Ail will be explained ta a few days WANTED—OF THE SISTER OF WIL- Sco.shman and a resident of hea beam arendent of this ‘country far [ARoBMs tion Ham Mardock, WANTED-OF JOHN AND LUZTB Jeke, children cia, Bosieke, who formerly ibera) compensadon he, (i Walseee B piace SEN) ) ett Ue | MAR Sheet kaa was ; abouit write to her brother. overt Beane Patorson street, New Yor! be paid by Fae ani OABD AT NORTH OBANGY, N. J.—ONE 08 sicr’e gentlemen can be accommodated at ABRT BENNETT, from VOUNTRY RD ARD.— Yn very abort ciman TOwN pereons: a fine Te <oheesy ‘erms $4 per week. t FTHOMR, ON TUESDAY LAST. A YOUNG MAN, {OUNTRY BOARD.—A LADY OCTUPYING HER OWN ‘about 6vé feet four </ Loune, fe Mount Vernon, Wersheater o bour's distsxes from the city can xecommodate a amall family OH Jemaan dusing the gure airy 0 H and a v moderate price Belread goand ome St the depot or nddresa. b Vernon, Weecthester county, N.Y. r OUNTRY BOARD.—TWO OR THREE FAMIL! board on Onstleton Hetgh: and egents of v Sy character. ta oasion’ty'hion a is as bia faibor, at Ot Water atreet Row a Brooklyn, and he will be suttably be asked. {rains by Brett nar dae J” Leaccommodated with yi piand, at the Moran Mansion; ba a splendid view of the Rey pnd the urronndieg covntry; the house ja ded with beaut fal ahtde trees. Gentlemen conveved to and trom the boat. ‘WM. ©. SPEAR, Proprietor, M®. THOMAS FITZGERALD, LATE OF OOROFIN. county of , Ireland, will plesse bia eddress to, J. Phelan, 331 Green ERSOMAL.—WASSINGTOW HEADQUARE! dust: be rth street, near “road requested, an'it ts like \OUNTRY Otel BE HiD—WITH A PRIVATE 78 " miles from Jersey City and ly to be 8 lenpthy discussion. ~ Lg AROTE FOR MR. E. P. BUTLER AT THE Broadway Post office. 4. B. 13% from Bergen Point; ace: JA008 A. VAN BORG, Propristor, JOTNTRY BOARD, AT OLD FIELD, NEAR NORTH. port, L,I —Genlemen, Indies, and commodated whh board: a farm houses; plenty of quire at Mra. Orolee, 108 tecoud etrect. OUNTRY BOARD FOR THR SUMMER, AT TUE Highland Cottage, Cornwall Orange county, arocesstoie by the elesmer Thowass Powell, or by the eriionlses Inquire of street, or of Wl. F. HIXON, at Cornwall, ‘HR mew yi nak! ORUSARAFREES, ie ein 4 day ni ing 8 articles 7 redotited tsar ualcas bs rowrne ine Jowel children, can be go- frat rae Paton bie diately the detective police wi! RIIFIOIAL TERTH.—FULL SETS ON PURE SILVER RITFICIAL TESTE. 14 plation, witt eontinaous work to New York: ithout the ntson Rives Refi. | FANORSER, 25 Water ated fynal {any Tr. LUTERB, 195 8 streets, po ny BOaRD tween Weeha: Cometeck’s atone hours, ocenin nas healihy, beauli{ul and convenient jocation. Good tab! the conresiences of a city residence. TATEN ISLAND —EXCBLLE! —At ROOKWOOD Vill pienso IND ier | Rs SRA SA Woe ween $1, $1-TFRTH.—81, $!, 61 GOLD FILLING TEETH; 5 gold sete; no ¢ warded. Dr. Ma! ied ‘Twenty cooond sires! aad Sixih avenue. fT ACCOMMODATIO! 9 Port Richmond Hou POS ee enter negara) BARE CHANCE.—¥ROM$5 TO $20 PAID FOR L. Aik dresees, and from $1 to $4 for gentlesen’s ‘pants: al weir! ‘note bi at. Seeds ETH Geers aveman, eaewa ‘Nistocnth and ‘Twentieth strecta. Ladies atiended by Mrs. B. % S4LE—A NEW GRAY UNIFORM OF TRE THIR- teen! to the pu. A at the KOeahcv Weal Et nti ana 2. ——————————— TAMOR OF THD roost Mo. 5 Oty Hal) a FIRE DEPARIMENYT OF THY COMMITTES OF on fire Br tly, a eyoet and Popham ren epiect ‘thir past coven O'clogy P cease yearns, $ Piuote | on tas ‘As a Sivielass house for weit, evmnfort and modereag ‘Cirreadom oawa.\ be surpanred,