The New York Herald Newspaper, August 13, 1859, Page 3

EEE NEW YORK HERALD, SATURDAY, AUGUST 13, 1859. ! THE INDIA RUBBER CONTROVERSY, | pavers, This ie not denied dec, bot eee lement of Mr. Judson’s Counsel, eile: THB £DITOR OF THE HERALD. I find five columns of your paper tating oocupiad dy letters from Mr. Day and his counsel, in reply to , Judson’s statement published by you some days since; and in the absence of Mr. Judson from New York, I will take a little space to rejoin for him, as well as for myself, hoping to dispel the mist which all this writing has cast on a very clear subject. Mr. Judson’s statement, endorsed by myself, amounted simply to this: that Mr. Day and he being both claimants of the right to use vulcanized rub- ber in woven elastic goods, Mr. Day has brought gome suits in Baltimore against parties selling such goods, who were common trespassers upon some one’s rights; that in the progress of these suits Mr. Way and the defendants agreed to make a case for “final hearing” out of a mass of ex parte affida- yits, the contents of which were in part un- known to Mr. Judson or his counsel; that this “final hearing,” thus amicably arranged, was had before Judge Giles, without the aid or procurement of Mr. Judson, and without the presence of counsel familiar with this el@borate and involved contro- versy; and that the decision rendered upon this ease proves no more than that Mr. Day beat Mr. Stellinan upon the case thus made, and the argu ment presented on it. Mr. Judson asserts further +that his rights are the subject of a suit directly against Day, and will be determined in that suit. In my letter I simply stated that, as Mr. Judson’s counsel, I knew nothing of the case made before Judge Giles, and was ignorant that there was to be a final hearing, and that Mr. Judson had, upon due consideration and aé@vice, decided to take no pari in the controversy at Baltimore. The effect intended to be produced by this letter of Mr. Judson was to guard merchants and others against the false impression that his rights had been settled, and to notify all persons interested that he was in the due course of a suit asserting his title, and that, when established, he would hold all per- sons liable who infringed it. + In reply five long coluums of print are produced, which, so faras I see,do not deny any statement made, except that which relates to the final hear- ing, although some arguments are used to cast doubt upon their truth. The single question is, whether Mr, Judson’s title is settled by this Baltimore pro- ceeding? He was not a party to the suit; he never saw the parties to it; he never saw their lawyer but once, for a few minutes; he did not know what the case was which was to be made; but he does know, as i know, that he is in possession of much stronger proot to sustain his title than has yet been prodaced in any of these controversies. Under these circum- stances Mr. Day and his lawyers insist that Mr. Judson’s title is settled; I insist than no man’s rights can be settled unless he is a party to the suit, and is allowed to prove his case and be heard in it. Lawyers know how absurd the ‘proposition is that any man can be judged without a hear- ing; and laymen can easily see how unjust it would be. One reflection, however, must strike all minds with force—that Day’s case must be a very despe- rate one, when the best proof of its validity lies in the tact that he has beaten some stranger to the title, upon a consented hearing, although he was beaten on the same question when Mr. Judson defended the parties. Mach stress is laid upon the fact that this Balti- more suit ended in a “ final hearing,” and Mr.C. A. Seward is selected to contradict Mr. Judson in this articular. In his letter he assumes to restate Mr. judson’s letter in this language:— “It is further alleged , 2 “1, That this—i.e¢., the Baltimore hearing—was not a final hearing. Now, sir, Mr. Judson made no such allegation in his letter. Here are his words:— “The facts of the case are as follows “1, This was not a ‘final hearing,’ except by the consent of some strangers to me, who have no in- terest whatever in the title, and whose consent is just as valuable to affect my rights as the consent ‘of Day is that they shall be affected.” When so plain a statement as that of Mr. Judson can be so perverted in the face of the world, what are we to expect when statements are made whose truth is more difficult to ascertain? Mr. Seward then say “First. That this was a final hearing, not by con- sent, but upon pleadings and proofs.” This aver- ment admits of no misconstruction. It is either true or false, tc the knowledge of Mr. Seward and his arty—they were there, and cannot be deceived. hiv. Seward is a lawyer, and knows what @ “tinal hearing” is, and whether it is one “by consent,” or “upon the pleadings and proofs.” He clearly recog- nizes this distinction, and plainly avers that this hearing was ‘‘not by consent,” but was “upon the pleadings and proofs.” . jcieorel What this distinction means I will explain, in or- der that the public may appreciate the value of statements resorted to in this case. — When a plaintf! thinks himself injured, he may file his bill, and give the defendant notice of a mo- tion to be made in court for injunction. The de- fendant may either oppose that motion or permit it to go by default, as the Baltimore defendants did. Tt he choose the latter course, he may file his an swer, and serve it on the complainant with a notice of motion to dissolve the injanction, which motion the Court is bound to hear. This was the motion which I supposed Mr. Marshal was about to make; and, as any lawyer knows, it would have been the proper one to make, if the defendants intended to i themselves of all legal defeaces. Day knows it for upon such a motion “ The New England Spring Company” dissolved a conditional in junction against them, which he had induced Judge Betts to grant upon the Chaffee patent, when he set up his false claim toit, and filled the newspapers, now, With his advertisement of that opinion in his fa~ vor. After the filing of the answer the parties pro- ceed to take “proofs” for a “final hearing ,” and to ‘proofs’ the rules give three montis. esses are called, examined and cross-examined in the presence of both partie: evant testi- mony is objected to, and the truth {ted out b; the most trying process known to the human intel- lect. When both sides have closed their proofs the case goes to “tinal hearing,” and this is the only proceeding known to the law ‘‘as a final he: upon the pleading and proofs.” If the this have any doubt about the correctuess of this statement, ask any la except M eward, and Mr. Seward in any i But a “tinal hear t may be any- thing you please. Parties to a litigation may coa- sent to go to final hearing upon the pleadings, and acopy of a“Scotch dictionary,” if they think fit. The case is in their own possession, and if the de- fendant consents that he has no defence, the Court will so decree; but that cannot affect any one but the parties to it. With this explanation the question recurs whether the Baltimore hearing was, as Mr. Judson avers, a final hearing only by the consent of parties not in- terested in the title, or whether it was as Mr. Seward avers, “a final hearing not by consent, bat upon pleadings and proofs.” The only evidence 1 have upon the subject, exeept a letter from Mi Marshal, dated July 22. is what the public hay: and that sustains Mr. Judson, if the witnesses are credible. Judge Giles, in his opinion, thus states the manner in which the case was heard:— ‘Tero agreements have been filed in thie cause—oue s2t- ting the cause down for final hearing and arranging tho terms of a decree, if the Court shouid decide in javor of the complainants, so as to dispense with the trouble and celay of taking an account; and the other in reference to the testimony on which the case has been heard, So taat the cause has bec heard under these agreement on foal hearing, and ie now before the Court for floal decree. If there could pe-any doubt whether the Judge or Mr. Seward told the truth, that would be dis- pelled by Mr. Latrobe's letter, which precedes Mr. Beward’s, on the saine page. He thus states it:— Mr. Mareval, acting for ail the parties sued, it was agreed, with a view of obtaining at the earliest day, and the Jens: expenge, the desision of the Suprema Uoart ¢ States) 10 get the case down ‘or final hearing upoa Dill, arswer, and the testimony that had been before Jucge logersoll on the motion for preliminary injunction. With this view certifled copies of all the New York afllda- vit: were procured, additional testimony on both sides ‘was le! and with the whole mass of documeutary evi- dence, the case was argued before Jusge Giles. Having thus presented both sides of the question, I submit that Mr. Seward’s bold assertion that this was “final hearing, not by consent, but upon plead- ings and proofs,” although it may excite the admi- ration of those who believe that the truth modestly asserted is no better than its contrary persistently advanced, must be considered demolished. This Jetter of Mr. Latrobe, by the way, lets in another flood of light upon this transaction. It says ‘addi tional testimony on both sides was let in’’—that is affidavits in addition to those used in New York were read by Day. What these were neither Mr. Judson nor ‘his counsel have ever heard to this hour, and, of course, cannot infer how they affect. ed the case; but we are at liberty to hope—Mr. Day and his counsel to the contrary notwithstand- ing—that the courts, when they come to adjudi- cate Mr. Judson’s rights, will afford him an oppor- tunity to cross-examine these affidavit makers, and find out what it is which makes it desirable for Day to try his cause in Baltimore on a consented case, where Mr. Judson is not a defendant. It may be asked why Mr. Stellman and others made so unnecessary a consent as that upon which they tried the case? The answer is obvious enough—they had not entered in the matter which made it of any consequence to them how the case was tried. The whole extent of their profits pre- bably on selling the small quantities of elastic goods @ year would not pay the costs of one trial, and Mr. Day could easily arrange matters so as to make it more desirible for them to submit to his terms than to fight. His object was not to injure them, but indirectly to affect Mr. Judson, as is now manifest from the fact that we hear nothing about the real defendants, but only know Mr. Judson is defeated. Mr. Judson stated that ke had no conneotion with the suit, except to furnish on request some Mr that he some private communication with Mr. Marshal about this case whieh, if his sense of honor would permit him to publish, would contradict this averment. The impression which I derived from the few minutes’ interview I had with Mr. Marshal is such that I cannot believe it possible he ever said anything about this case to ir. Seward but the truth, and I know the truth to be as Mr. Judson stated it. Mr. Seward, however, resorts to a com- mon device to slander Mr. Judson, but is wena in his own trap. He clothes his slander in lan- guage :— Were it not for a rule of professional courtesy, I should allude to what was said to bey ‘Mr, Marshal upon this point; but I cannot, without consultation with him, repeat what he raid; but fam at liberty to state that tr. Jud fon’s agsertion, that he had no connection with the Balti moze cages, would be much strengthened if ho would produce from Mr. Marshal s statement to thas effect, The English of which is, that Mr. Judson publish- ed an untruth, well known to be so to Mr. Marshal, who had privately exposed the facts to his oppo- nent, Mr. Seward; but that from motives of deli- cacy—somewhat like those which actuated Mrs. Stiggins, who trom motives of delicacy always kept her gin ina teapot—the aforesaid Mr. Seward would notexpose Mr. Judson. Unfortunately, however, for Mr. Seward, 1 have the very cestificate of Mr. Marshal which he calls for, in the shape of a letter written to me July 22, before this opinion was pub- ished, and before any expectation existed that these issues would he raised, in answer to an in- uiry addressed by me to him, whether it was true that a final hearing had been agreed to in these cases. After explaining the reasons why his clients made this consent (and they are very good ones tor them), Mr. Marshal adds :— As for the form in which the case came up, if you did not know it, it was no fault of mine, nor am I aware that Mr. Judson’has undertaken anything in counection with tuiz cage beyond furnishing me with some few papers I uged. Iam unable fo sce that his cago igat all prejudiced, further than the other side may claim the desree as giving moral weight to their cause. And further, after stating the measures we have taken in vain to induce Mr. Judson to assume this defence for the defendants, Mr. Marshal adds, ‘so you will perceive that Mr. J. has no connection with the case further than the interest he had in setting up his title.” This letter was written to in- form me of the true state of the case—Mr. Marshal assuming, as the truth was, that J was ignorant of it—and it never was expected to serve the purpose to which it is now so admirably adapted ; but I have noticed that frequently these Day gentlemen call for proof they do not expect to get, and find them- selves suddenly confronted by what they have sup- posed not to exist. The truth is mighty and wi prevail. As tothe attack upon me for the few remarks upon the case in my short letter, I have this to re- piy:—When I read the opinion and found no men- tion made of important documents, but their exist- ence virtually ignored, I inferred that the Judge did not see them. It was only an inference, and not a statement of fact, and like all other inferences it may be erroneous. One ef the facts from which I drew the inference is th Judge Giles says in his opinion— Js it pot then perfectty clear that, 20 far asthe acts of Goodyear were concerned, in none of those acts is there any indication that he meant, when he used the term “ehirred or corrugated goode” in the contracts of 1846, to limit them to the articles mace under the patent of March 9, 1844? On ihe contrary, there not every- Ubing to conviace the Court that he meant to include all kinds of shirred or corrugated goods? But by referring to “the contracts of 1846,” which are thus broadly asserted not to have been design- ed to restrict the rights of Day to shirred goods “made under the patent, of March 9, 1844,” it will be found that, in plain English words, his rights are expressly so restricted. These contracts are in five parts--all constituting one agreement. The last one is dated December 5, 1846, and it is the one which Day swore, in his answer in New Jer- sey, was designed to express the true meaning of all the others, in order to be placed on record, and thus give notice to the public of his rights. This con- tract is Goodyear’s grant, either alone, or in ppc with those which precede it, and it thus reads: — Now this indenture witnesssth, that for and in con- sidera:ion of the sum of five thousand dollars, to me io hand paid by said Horace H. Day, the receipt whereof is hereby acknowledged, and the said Day forever released from the same; and in {consideration of the conditions hereinafter contained, by said Day to be performed, I have assigned, gold, and setover, and do hereby assign, sell, and set over, to the said Horace H Day, his exeoa- tors, administrators, and , the sole and exclusive right, license, and privilege, for the whole of the United States, to use the machinery in said above recited paten’s deecribed, and yo make and vend the shirred or corru- goted goods in asid patents mentioned, and to use in the prepsration thereof, and also in the preparation and manufacture of india rubber hose, patent boats, Griffith’s patent cotton floaters, and Day’s patent chairs and sestecs, the compounds and fabrics in said letters patent describea, for and during the term of said letters patent, und of all Tenewals and extensions thereof. Placed in parallel columus, the contract, and the Judge’s opinion of it, present the following striking eont Fi DGE GILES’ OPINION. GOODYRAR’S GRANT TO DAY. Is it not then perfectly Now, this indenture wit- clear that, gofar ag the acts nesseth, that for and in con- of Goodyear wereconcerned, sideration of the sum of five in nope of those acts is thousand dollars, to me in there any ndication thathe band, paid by said Horace meant, when he used the H. Day, the receipt whereof general term “shirred or isbereby acknowledged, and corrugated goods,” in the the said Day forever re- contracts of 1846, to limit leased from the same; and them to the articles made in consideration of the con- under the patentof March ditions hereinafter contalned 9, 1844” On the coutrary, by said Day to be perform- fg there not everything to ed, I haveassignod, sold and convince the Court that he set over, and do hereby as- meant 1 inclnde all kinds of eign, sell and set over, to shirred or corrugaed goods? to the said Horace H. J): his executors, administra- tors and assigas, the solo and exclusive right, license ‘and privilege, for tho wagle Of the United Scates, to use the machinery in the said above recited pateats do scribed, and to make aud vend the shirred or corru gated goods in said pateats mentioned, and to use in the Preparation the:cof, and also in the preparation and manufacture of India rubber hose, patent boats, Griffizb’s patent cotton float ers and Day’s patent chairs and eowees, the compound and faorics in said letters patent described, for and during the term of said let- ters patent, and of alire newals and extensions there a of. The Judge does not mention this Pavone part of the agreements in his opinion, and I think it was a fair inference to deduce from this omission th: he never had read it. If he did read it, then his terrogatories, which are meant by him to be an- swered affirmatively, admit of nothing but a nega- tive. As to the attempt to excite a feeling between Mr. Marshal and myself about this case, 1 think that will fail. Ihave no doubt that he argued his case much better than I could have done it, and it gives me pleasure to see him so highly praised by his opponents. If he had beaten them he would not have been—at least Iso infer from the fact that I never have seen myself or the other counsel who have, from time to time, beaten Mr. Day— praised at all. Nor would I deprive these varions etter-writers of the mutual happiness that their mutual admiration seems to excite. Mr. Day’s share of this sort of enjoyment must be immense, 9s he is flattered to the top of his bent by all the rest, and in turn compliments them all. Any success by that side of this controversy, how- ever trifling, or however gained, must be such a re- lief to the dreary prospect, and still more dreary retrospect, that a little newanepen mutual admira- tion ought to be excused, and the man who would unfeelingly dampen their enjoyment I think is cruel—I would not on anyaccount. In conclusion, and by way of answer to the con- stant swagger which is maintained by Mr. Day and his followers about his bold defense of his rights, Xc., allow me to republish a passage from the opin- ion of that very able lawyer, the Hon. Joseph Holt, late Commissioner of Patents, and now Postmaster General, who extended the Goodyear patent. Day is the person to whom he alludes, and his delinea- tion is unmistakable:— Another and most potent reason why thi be extended is found in the soeusiiodged oe ther ake public have not kept the faith which they plighted with the applicant, when he covenanted to surrender to them a Boies, which was in effect the concentrated caseace of jhe physical and intellectual energies of his entire life That public stipulated with him that he shoald peasefally enjoy for fourteen years the monopoly created by his patent, and, bad he been permitted to do #0, he wouii no doubt tong since have realized an ample remuneration; but #0 far from this having been the case, no inventor probably bas ever been so harassed, so trampled upoa, 20 undered by that sordid and li sentious class of tnfriagers | abe in the parlance of the world, with no exaggeration if tiem as “‘pirates.”” e spoliations of their incessant guerilla warfare upon er a rights bave unquestionably amounted t> In the front rank of this band stan: one who sustains in this case the double and most coav: nient character of contestant and witness, and it is but subdued expression of my estimate of the deposition he has lodged, to say that this Parthian ehaft—the last that be could hurl at an inveation which he has so long and remoreelessly pursued—is a fitting floale to that career Koes Public justice of this country has so signaliy rebu! Very truly yours, Epwarp N. Dickerson, Broox.yn, August 11, 188: New York Post Orricrs.—A new post office beon established a} Mariner’s Harbor, Richmond county, N. Y., and the name of the office at Whitesburg, Falton county, N. Y., has been changed to Emmonaburg, Herkimer county, ANOTHER PRIZE FIGHT IN ST. LOUIS. hove pation fought sowse mioaka ago.as ne. Crescent some months ago od Byres pres soe then the victor. Connors and his that the decision was unfair. A fresno chal age was therefore given to Byrnes on Shanghav’s part, and the grand Solferino of Western pugiliem was for the 7th inst., on ao island some Bix miles above Connors is from Ireland, twenty two years of age, eix fect one inch anda half in height, and weighs one hua- dred and sixty . Byrnes is twenty-seven years of age, five feet and eight inches high, aud weigus one hun- dred and fifty pounds, The stakes for the coatest were $300 a side, ynnors’ trainiog was superintended by Jno. panigemery: Canals forrigan and sobn Monagaan, and Byrnes’ by Robert Maddem and Con. Quinn, The um- pires were J. Montgomery for Coanore, and John Loouey for Byrnes, while to Sandy Moreland was assigned the post of referee, and to Jacob Asher that of time keeper. The cham; ave each been for six weeks in Z?a\0u8 {raining-Chanoes atthe Abbey and Byrnes nesr the dar Jem House. The pbysical advantages tous gained ap. peared about equally divided, [he condition of eacu party was pronouoced excellent. The steamers Henrietta and Elvira were chartered ro spectively by the Connors’ and Byrnes’ partics to coavey Wwe admiriog hosts to the bate grouad. Some quie needless apprehensions were expressed lett the police should prevent the excursicn, and numders accordingly left the city for the spot on Mondsy. At balf-paat eight on yesterday morniog a large crowd, Connors’, cathered at the foot of Morgan sirect lo omoirk on the Henr' and still a larger crowd at the foot of Washington yne to take passage oa the Hivira. As last seven bundred persons throvged the later boat, and ‘not less than foar hundred the Henrietta. Gyrnes’ crowd was thus considerably the larger. Perhaps a dozen wo- men, and some thirty or forty boye, from ten to fitteen years of age, were on the boats. fhe wife of Coauors, ‘with @ cbiid of fifigen monthe, accompanied her lord. The Henrictta ts had the following words very neatly printed on a blood red card:— fhe G-eat Saanghas excursion, August 9,1859. Steamboat Hourietta. Tickets $2.” This amount of fure was consderavely reduced by one half. Atthe moment of leaving « general rush was made by those not holding ticxets to get on board, and to effect which scores were fain to leap from five to twelve feet from the shore to the receding craft. Oar informan: avere that in bis judgment the Henrietta is no modetor a beautful and commodious steamer, but rather of the re- verse. Nor is he profuse of eulogies upon the character and conduct of bis fellow passengers. Che principal amusement was sought in |i eral potations of that beve- rage which maxes men bold ‘to face the devil,” whis- key. Music, betting and fighting, were the principal ad- dit'onal charms. Not lees than five fights ovcurred on board before the isiend was reached. Ine weaker belligerents were uo- ceremonioutly knocked down and kisked to their riba’ full content Similar acenes are reported to have trans pired on the Elvira. The selected ground was gtined about two o’clock. Some fourteen or fifteen hundred people gathered ‘to see the show.” The ring makers were Jonn Gallaher, Thomas Dailey and Connel Matthews. it was necessar: fret to clear the ground of a rank growth of wug! graze, after which it was discovered that there was not at nand enoagh for an outer ring. Too spirit of fault finding and bravado raged so hotly (bat Montgomery declared that ‘this was a mere mat. ter of business betweea the two mea, and the outeiders bad no right to interfere.”’ But the oxteiders took a to tally different view of the matter, and evidently looked no whole affair as designed for their special amuse ment At half past three Byrnes ‘‘shied his castor’’ into the ripg, and was at once foliowed by Connors. the friends of esoh were sanguine, and bet freely in behalf of their champion. Copnors was accempanied by his backer, who immediately offered to wager that Shanghae would win, Byrnes coolly came forward with a bag of silver and accepted the bet. Conzore’ seconds were Bill Denny and Valentine McKinney, while those of ‘Jim’ vere Quinn and Looney. The mea were at once stripped and at work in the TE Round 1—On throwing themselves into position both looked remarkably well, although i: was quite evident that Connors’ height and reach were superior te those of Byrnes, and gave him great advantage over h's oppo- nent. Byrnes’ condition ap eared firs: rate, and his mug betckened no fear as to the result of the figat. After a ttle feinting Byrnes lead off with his right, catching Con nore in the ribs, Conoore tried to counter, bu: was short More sparring n ow took per and each macwurred for the attack. ore at length tet fl7, plantiog a stinger onthe mug of Byro This was followed by some rat- Uing exchanges on both sides, which resalte1 in Connors finally knocking Byrnes down. First blood and first knock down was here claimed and allowed for Connors. Round 2—Byrnes anxious to begin the round, dasted out bis left, catching Connors on the ribs Coanors now rusbed in, and some severe in-fighting took place, Byrnes finally boring him over the ropes. Round 3—Byrnes came up smiling, and at once rushed to clore quarters, but found Connors willing, aod after fome mutual exchanges, Connors fell on nis knees to avoid further punisbment. Round 4—Connors now took the initiative, and tried to Jead with bis left, but was short, Byrnes then rushed in, getting both his mauleys in well on the body, Conuors Teturning wetl on the ribs, and, after some sharp ex changes in close quarters, Connors fel! on his knees. Round 5—After considerable sparring aofi matual feint ing, Byrnee Saalty got in on the bread basket in fine etyle ‘This was followed by some slight exchanges on both sides, Connors again poling se: bis knees, Round 6—Byrnes leasing, ‘ting a clipper on the ribs, and stopped a return from bis opponent, Connors now dashed into the in-fighting, and after gome slight ex- changes Connors fell oa bis knees. Round 7—Byrnes came dashing from his corner, seeming all impatient to renew the fight, and on being me’ by Connors, at it ae, went, Byrnes getting in on bi man’s ribs heavily, and in a rally they closed; Connors fiually going down in the middle of the ring on his knees, Round 8—Mutual exchanges. Connors down. Rcund 9—On time being called, both men sprang from their corners and went at it,each getting well on the body; and in a spiritod rally Connors got his opponent on the ropes. Byrnes finally extricated himself from his dan- gerous position. Both falling eide by side. Round \C—Both came cheerfully to the scratch. Con- nors let go with his left, catching bis opponent ‘on the neck. Byrnes returned cn the ribs,and some heavy counter-lits were exchanged, Connors getting the lion's share of punishment, until be flaally went dowa on his nees, ound 11—Matual feinting for a draw, when Byrnes led off with his letton the body. Connors countered on the cheek. The men then closed and fibbed away, uatil Con nore finally knocked bis opponent down. Round 12—Byrnes’ whistler slightly swollen. He rushed in and delivered his left on the ribe, which led to a short raily, Connors Gnally going down on his knees Round 13—Atter @ preliminary move or two, Byrnes et go bia left, but was short. Coonors, after broaking from his opponent, now rushed in, and some clipping counters took place, Connors finally falling on his knees. Round 14, and Last— Alter come scientific mancuvring, Byrnes let go the left in good style, getting well on the ribs, which led to a clore, and, alter brisk struggle, Connors fell on his knees ‘‘Foul”’ was here claimed. Thus ended a battie which Issted about forty minutes, in which both parties displayed their prowess to the best of their ability. Byrnes is much smatler in sizo than his opponent, and we oan sce nothing which would excuse Connors for falling so frequently, when the fact is con- sidered, The victory was thus awarded to Connors. When this decision was announced Byrnes fiercely re- monatrated. Some five or six hundred outsiders then burst into the ring, and a general row ensued. Byrnes zeized the referee, Moreland, by the throat, saying, ‘Do you meanto say ‘i've lost it? Moreland was then ut- tacked by Byrnes’ principals, was struck and kicked, and bad a portion of his face gouged out with astick. Con. nors, with most of his party, promptly drew off to their boat, while the balance remained fighting with the Byrnes men, the moet of whom gradually followed to the etta.’ Stripped, bloody and enraged, Byrnes dared Con nors to come out and finish the fight, which he declined, under the circumstances, to do. Toen many of Connors’ men rushed on shore and joined their comrades, and a scene of riot and murderous attack followed which bafli-s description. Knives were freely used, bottles, rns and rocks were hurled, and at lasta shot was red. ‘This was the signal for a general drawing of pistols, and some one hundred shots were rapidly fired. Tnose who haa not pistols rushed for their boats; which at the same time began backing off from the shore. ‘There was then a heavy rush to get on board, and some forty persons were instantly in the river Certain skiff men pulled away in terror, leaving the victims to swim or drown as they might, One or two fights actually occurred in the water. Tas ewimmers at length scrambled on board, not knowing how many bad eunk and been drowned. Probably three or four perished at least. The Henrietta was soon following the Elvira, both boats leaving numbers bebind them on the léland. it was about half past four o’clock P. M. Montgomery had narrowly eecaped drowning, having leaped overboard to save a man who appeared helpless, and being himself drawn out by bis son; the son algo succeeded saving tho man. One wretch who was sbockingly cut, had been, with great difficulty, reecued by getting him on a plank. The mood of the Henrietta party may be inferred from the fact that some rege 8 fights were waged on board be- fore she reached Alton, Whiskey reigned. There were rob- beries and complaints of robberies, of watches, pocket- booke, &., which had to be rectilied by attacking the robber or robbed. One victim, accused of having stolen a bee of 620, was aseaulted by several persons with such jury that he sought his revoiver. is intent being perveived there arose a cry of ‘ kill bim, kill him |’? apd a fresh onset was made upon him. Ia reeponee he ate, bit, kicked; gouged, tore and scratched his opponents in a’ style which should entitle him to the laurels and etakes of the glorious day. By nearly tearing off his pants, the pistol was taken from him, end also, a8 he alleged, of his hard earnings. Finally, he was kicked senseless, dragged to the burricane deck, and left to revive or die. ‘é ertly came off a fight for the n of a I, between J.bn Monsghan and Soba Ryan, whish road in the casual alecharge of the weapon. Its contents pas’ed into the abdomen of Ryan, inflicting a shocking and bably fatal wound. Monaghan was at once sul ued by ‘this incident. Hoe sat down and wept over the wounded man, declaring that Ryan was one of his best friends. An impression to some extent prevailed that a pistol Was actually fired by Ryan. Io ten minutes afterwards —— Jumped overboard and awam toward the Illi- bn Linc +f ne two Wee’ distant. When last boat he was male from ie : still swimming, about half a looting of Ryan caused a temporary tranquillity on board, but in ‘an hour the demon ef fight was again ool WB he oak otherwise injured, but no nor do wi ‘one was dangerously stabbed. Gee ae, To avoid a collision with tho party of tho Btvira, the Mill, in Henrietta prudently mado fast near An:terson North 8t. Louis, Hor pasen, aanaed and thence to the ahore. es se ha Tous appears to haye Progresged, but scarcely yet to ee? bave jaz | surprising. The young man did right in shoot. Our Nebraska Correspondence. sok eugene ry Be lbe cade as yng Fh ata Ouana Orry, N. 7, Taly 90, 1880, “antral Kaine a rang ark pg taht | Darna on nay sighs boc ft ows ae, Ss | rine gered iKedtho Strata Land "Sae a a y 1, bus ‘8 Reported Killed—The Nebraska Land Sals— Coney Isiand. A sporting man is | got up to aesist in the atte to 8h the firo; in payncally twaized (0 mato 2 bene of kines Felng no he took eve itt eed trom the expose it | Political Character and Party Organisation Genera was 80 prostrated that he died yesterday. News, de, metal ball three miles, and runs tbree quarters of a mile; returps home at eight sponged from head to foot with spring water; an entire change of clothes is out on, and he descenas to breakfast at baif-past eight, which ie composed of either calves’ foot jelly, beefsteaks or mutton cho,s, with water biecult in stead of toast, asthe latter aries up the blood, Water gruel is substituted for tea on account of its nervous ten Gency, snd sugar as promoting bile—ter and sugar also create thirst, while grucl does not, An nour’s rest is then epjoyed, after which he starts on a fourteen mile welk—geven out and seven in, In walking he carries the newly introduced lead plugs. two pounds weight, graspiog them firmly, and keeping the arme well up. The object is o strengtben the muscien of the arm, and to enable aim to keep bis arms in position shout fatigue. In & protracted fight it is generally from Knees, OF inability to ute the arms with any force, that the batile is lost, To avoid there thioge, itis as peceseary to attend to the moat minute points ag it is wo the more important 00 At haif past twelve o'clock, after being rubved, sponged and re-dressed, dioner ig ready; it consists of beet or mutwa, with water biseuit, In place of the water grae beef tea, made from a ehin of beef withoa Spy, mixture, is taken with the dinner. It gerves either for food or drink, some never taking anything at all with it, Another bour’s rest, aud the afternoon’ is employeo with the dumb belle, which weigh from six to foartean pounds, figbting the bag (this together with the Delis coa fumes three hourg every day), and gymaastic exe: Changed, rubbed and eponged again, when the supper iw reney. For this two eggs ure allowod, with water die cuit and gruel. Another resting spell, aad an nour or two rowig or four mile walk and jumping the ekipping rope generally ende the day’s work. In some days more work is performed than others, according as the geotie man feela inclined, but the uverage walking i from twon ty one to twenty four miles a day. fhe mosis are served to the minute, and acertain quantity only allowed at each. At precisely eight o'clock retires for the night, to rise at four. Ihe ‘sleopipg apartments are kept pure aud healthy by the rea breeze coatinual'y peesing vwrougp, and the Loute iteelf apd surrounding country for tweuty miles ecem sdaptea by nature for training purposes. When Mr. Kelly went isto training bis woight wae about 168 Ibs.; it is now reduced wo 146, Bia dghting weight will be about 148 tbs, Wholesale Incendiarism in Connecticut. A PRACTICAL BARKNBURNER—NINE BARNS DSSTROY- ED IN ONE NIGHT—THE INCENDIAKY SHOP AND KILLED. The most astonishing and unparalieled case of whole salo iucendiariem that ever occurred within our know ledge, says the Norwich (Conn ) Buil-tin, was perpetrated in the town of Preston, on Monday night last, by Heary Chapman. It seems that some ten years so the scoundrel mar ried @ Pretion girl, a daughter of Mr. Eleazar Wueeler, and bis conauct was sash tna’ five years since ehe was compe'led to “swear the peace’ egaioat him, and he was confined in jail four months for threateniog to take her life. Since then ehe bas retuged to live with him, but has remained at her father’s house. Oa Saturday last ue drove in @ wagon to the bouge of bis father in law, aud seat word to his wife that he wished to see her. Sho retused to eee him, and he drove on. Goiog to the house of neighbor, he inquired if they had seen Irving—bia gecond son, a fine little Jad of seven years—for whom he bas always proferged a strong attachment. The boy was in a whortieberry pssture, a ebort distance from the house, and upon finding him he iuduced him to get nw the (aside with him and come to Norwich. Me Woeeler, the grandfather of the child, afterwards followed bim to rescue the child, but foet track of them in the city. Chapman bung @round Norwich until Saturday nigat, when be started off with bis bare-footed littie boy, walked all night, apd reached Noank next morning. From break fast time Saturday morning until the noon of Sanday the little feliow had not a thing to eat, aud had been com nang by bis inbuman brute of a father to wa k all night long, bare footed end but thinly clothed. On Monday ofli- cer Cbapell went in pursuit of him—found him at Noavk—took the boy away from him, and a: the fame time served on him a petition for divorce—hia wife baving on the Saturday previous taken this ini- tial etep to procure @ final separation from him Moo day night be returned from Nostk in a perfect furor of rage against not only his wife and her family, but the whole town. He was seen in the vicinity of the tof bridge about 10 o’clock of that evening, and was not eeen apain to be recogniz:d until between three and toor o’ciock the next morving, after his flendish vengeancs bad been in @ measure gated. It seems that on Monday night he took a path upon one of the roads in the town of Preston, firing the following nike buildings before he was flusl!y’ recognized, shot at, and probably wounded :— Henry Harvey's barn (toll keeper on the Preston city road) Was destroyed, with its contents, valued at from £00 to $000, with no inaurance. [his fire was discovered At about eleven o'clock. Rueeell Fitch’s baro,about a mile beyond, diecovered shortly afer eleven o'clock. Loss about $000; inaured for $100 in the Windham County Mutual oflice. Hepry Baekell’s barn, about & mile beyond Mr. Filch’e, discovered about twelve o'clock at night. Loss avout $1,000; insured for $360 in the Winiham County Mutual ctlice. M. T. Richards’ barn and atore in ‘“Preeton City,” dis: tovered afew minuten after twelve o'c! lees’ some thing over $2,000; partially covered by insurance in the New London County Mutual Office, ‘A few rods cast of this a barn belonging to Daniel Brown; loss $3(0. William H. Prentices’ barn, a few rods norib of Mr. Gtecovered almost simultaneously with the lad, ; insured for $200 in the Windham County N. F. Meech’e barn, about twenty rods beyond Mr. Prentice’s, discovered between two and three O'clock ia the morning; less about $600; no insurancé Amile and shalf beyond Preaton Cicy, in the edge of the town of North Stonington, a large barn, with the corn house and wagon house adjolaing, were burned. The fire was discovered between three and four o'clock. A son of Mr. Latham, immediately upon the alarm being given, ran to the houee of their next neigh- bor, Sir. Eleazer Wheeler, ma half a mile dis- tant, to get istence; but the tequel shows that the ‘family of Mr. Wheeler| had enongh to do to pr tect themeelyes, Mr. Latham’s butlaings were b to the ground, it being foand imposeible to save the: Bis loge 18 about $1.0, upon which he bas an insurance of $200 in the Windham County Mutual. ‘The cloeing ecenes in this drama of desolation were en acted at the nouse of Mr. Eeazer Wheeler, the fatner in Jaw of Chapman, half a mile beyond Mr. Latham's. The family were awakened by the soa of Mr, Latham, who came for assistance to ext nguish the fire on his father’s premises, Mr. Wheeler's von Charles, about cighteen years of age, told his father as coon ag the family were aroused, that this was “‘eome of Henry Chapman's work and they had better not leave the house unprotect Before they could get ready to go to the assistance of their weigbbore, they diecovered the flames issuing from their own barn acrossthe road. Charles's suspicions were con- firmed by thig, apd he instructed his youpger brothers to draw water and ffiithe tubs in the hvuee, as he felt as. sured that the house would be fired next. While they were carrying water to extinguizh the fire in the barn, one of the boys discovered Chapman at the corner cf the house, attempting to set fire to some dry brush lying against the houee, Ho immediately gave the alarm. Mr. Wheeler ran into the house and took aown a loaied fowl- ing piece, to be used if occasion required. Charles seized an axe, and both rushed to the back door. Cnapman was ata little distance off, cursing and uttering threats against the whole family. Charles took tee gun from his father’s hand and fired at him, but the cap only exploded. Chap- man then said, ‘There, your gun’s missed; now, by G—, Lye got you.” Charles immediately ran in and prim the gun, and Chapman went round in front of the houte. Mr. Woeeler followed after him, and Chapman then drew ‘a pistol on him. By thig time Cnarles had his gun ready, ‘and punching outa light of glass in a second story window, fired at Chapman, and he eupposes lodged a charge of shot in his thigh, as he staggered and almost fell down. Chapmen then snap; his pistol twice atthe head of Mr. Wheeler, but missed fire both times, and then turned and ran off. Mr. Wheeler struck at him with the axe, when he fired, but just missed him, He foliowed him oa the run twenty or thirty rods, but Chapman was too {leet of foot for bim, and eg through a corn field into the woocs. The farm cccupied by Mr. Wheeler, with the barn which was burned, are owned by his brother, Pnineas M. Wheeler, keeper of the toll bridge. Mr. Wheeler lost bay and grain and farming tools, and one hog in the barn, ail valued at about $800. No insurance. {here can be no doubt but that he intended to murder some, if not allof the family of his father inlaw, as he wos armed with pistol and knives, and has avowed that purpeee. The Norwich Bulletin, of Thursday morning, says:— Early Wednesday morning parties started out to search the woods, where he wes auppored to have hid. About half past nine o'clock, Sheriif Chapell, who was in the purauit, ‘was met by Wm. H. Prentice, a young man of North Ston- ington, who informed him that thero was a man lying on bis back near spring, a few rods from the road, and about a third & mile from the house of Mr. Wheeler, Upon proceeding to the epot indicated they found the body of Heary Chapman, sul] warm, 60 that he could have been deai but » few hours. His clothing was stripped down from his legs, evidently for the Barpore of bathing his abdomen, where be bad received charge of ahot fired at him by the Wheeler boy Tu morning. The lowor part of his body was filled with shot, although there were no indica- tions of blood from the wounds. From seventy-five to one hundred shot wounds were found on his person. The fact that his body was still warm when found, taken tn connection with the statement of Mrs. Alphonso Browning, that ebe saw him Tuesday oon coming froma swamp ba ae direction of the piace where he was found, would seem to indicate that he oe, to tho spring for water toquench his thirst—had lain there all night, and died at an early hour yesterday morning. In his pockets were found a paper containing some powder, a builet mould, a box of caps, a number of lead balls, a trunk key, a ticket from Nerwich to Noank by the steamer Water Lily, a large jack knife, and a shot bag containing ae No pistol or other weapons were found upon bim. had probably thrown them away, for he was known to haves double barrelled 1 and @ dirk in bis belt on Monday night, before he left Norwich, aud was seen to have both at Mr. Waoeler's house the 's inquest was summoned, which rendered a verdict as follows:—' oe came to his death from @ cause or causes to jury unknown.”’ Tais sin- gular verdict excites gome comment. No post mortem examination was had. The people of that vicinity, when the pews of his death became generally known, “drew a long breath and thanged God for tneir deliverance.” Tho aifair has created much excitement in that region. It is weil that the poor creature is dead, Bat that the jury jould no} know what killed him, when they saw the evi- dence of about a pint of shot in his asdomen, is a little The Public Health, MEETING OF THE HEALTH COMMISSIONERS—THE HOG WAR EXTENDED 10 HARLEM—TAMPICO AND CAR- DBNAS INFEOTED PORTS, ETC. ‘There was a nfeeting of the Commissioners of Health yesterday at the Mayor’s office, all the members present. The Crry Insracror reported the streets ina clean and heaitby condition, and that the war against the piggerics and bore boiling establishments continues, 150 of them having been already abolished, and 2,500 or more pigs being compelled to endure the fate of exiles, The City In- *peotor requested ali citizens aware of the existence of aby nuisances to report the same to his office, whereupon he will immediately take mexsures to have them abated. The captain of the Spanish brig Pepe, from Havana, Feared betore the Commissioners, and asked pi to bring bia veeeel to the foot of Seventh street, East river. The request was denied, and he was ordered to, receive bis cargo in the stream where he now lies. ‘The Crry Ixspector offered a resolution, authorizing him to remove ali the piggeries between avenue Agad Kieventa twelfth avenues, and Eighty sixth and 120to streets, ch war adopted Dr. Gun reported that the only ports which appear to be infected with yellow fever ure Havana, famyico aud Kingston, and that uo cases have arrived trom Matanzas and Cardenas, ‘The resolution, therefore, heretofore paseed was amend ed, £0 ag to prononnce the infected porte Havaaa, Tampico and Kingston, instead of Havana, Tampico and Cardenas The Bcard then adjourned till Monday next. The Military. OUR SOUTHERN VISITERS—PROGRAMME FOR THEIE RECEPTION. The Mayor and Common Couacil of Richmond, Va., and the Richmond Greys, who are to egcort them on their vist to this city, are expected to arrive this afternoon, and are to be received with the highest honors, civic and military» and banesomely entertained during their stay. The fol lowing is the official programme adopted by the gpecia Joint committee of the Common Council:— The epecial committees appoiated.by the Boardejpf Alder mew ana Couscilmen, to make arravgements for the re ception of their visttants, will meet on Saturday, the 13th in#t., at etx o'clock P.M, room No. 8 City Hail, waence ‘ney will ne escorted to the steamer by # detachment ot the Seventh regiment Nations! Guard and rece ve their guests and eacorc them to their quarters ab the Metropoli- van Hotel. On ldonday, the 16th in ., hig Honor the Mayor and Common Counc! of New York will meet at nine o'clock at the Metropolitan Hotel, whence they and their guvsts will be escorted by a detachm nt of the Seveuth regi ment National Guard and the Ricbmond Greys to toe steamboat Hendrick Hngeop, at the too! of Grand street, which will convey them to the public instivutioae, uader the direction of the Governo’s of the Almshouse Tuesday, the }6tb, bis Honor the Mayor ana the Com- on Council will aseemble at the City Hall, at 2:50 P.M, to review the Richwond Greys and a detachment of the Seventh regiment National Guard. At seven o'clock P. M. his Honor the Meyor and the Common Counci! will meet at the Metropolitan Goiel, to participate ju the barquet to be given by tem w ther guests. Special Committect.—Aldermec—Thomas W. Adams, Michael! Tuomey, William J. Peck, James Owens, Joan Lynes. Counciimen—Wm_ Laimbecr, Jr, George P Bickford, Alexander Frear, Joon Vau Cine, Avrabam Lent, THOMAS W. ADAMS, Caairman, J. Seymovr Mariews, Secretary. THE DISBANDMENT OF THE TWELFTH REGIMENT— THE CASE BEFORE THE COMMON COUNCIL. The members of the Twelfth regiment assembled in force yesterday before the Joint Commitee ot the Com mon Council, The committee were appoiated to hear a statement of both sides of the question since Generale Sandford and Ewen recently sent ina remonstrance to the regolution adopted previously by the Commo Counci! to memorialise the Governor for the reorganization of the corps. In the abrence of Alderman Brady the chair was oc cupied by Councilman Laimbeer. Tne chairmin stated that ag a full committee was not preseat they would ad journ the meeting to another day, if the members of the regiment desired euch @ course. Some consultation among the members of the regiment followed, which was terminated by tha chairman announcing they would hear apy who were willing to represent tn2ir case to day, aad suggesting that the others might state their views ona future occasion, The propositioa being received favora- bly all round, ‘A. P. DatRYMPTE, eurgeon of the regiment, introduced Captain Boyle to the committee as one of the ‘oldest mem bers of the corps. ‘The Captain wanted to know way neither Generals Sencford nor Ewen were present, to speak for their side? Were they afraid to con‘ront the gentiemen present before a committee of tue city govern ment? He could see no reaton for having euch a corps as the Twelfth disbanded, which was always well koown for the bigh etate of its discipline, and the genera! good con 101 its members. They bad been charged with viola Lon of discipline, but there are no facts tu prove that they have not acted throughout ag citizens should always do. Ge hoped the committee would weil coueider the fact that neither of the generals were present to substantiate tueir remoretrance. Captain Hesox, being next introduced, said the Twelfth regiment bad always been’ regarded 8 a rerpectable snd well disciplined body of men. For bis part he always prided himself on beirg cne €f its members, while he despised the Teatu in comparison, and would decline to enter i¢ for that reason They might’ say if they pleased he violated military die cipline, but be could show many instances of where Gene vals Ewen and Sapeford did not act in accordance with military laws, and for his part he felt proud confidence in being ab'eto say tbat he bas acied in the present case hke @ citizen who will no! suifer hie righie to be wrested from him by any despotic a. ol. Cox thought that if military officers were to be obeyed in all they migut order the citizoun would goon, perhaps, bave occasion to come in conflict with them. If Gen, Sanaiora ordered bim to fire on a citizen passing qaict!y in the etreet, he would decline to do it, though it wight be contigually repeated that he was guilty of a breach of discrpline. Or if General Sandford brought up & militery force to adjourn the present meeting he would opprse him. And the action which he calla a brecch of discipiine was just as little a correct order {rom @ military commander as either of these would have beeu, He boped the commitiee would remember the oh: r of (he Twelfth. and its history in comparigzon with other regiments, and he felt no doubt {n his mind, if they cid what the nature ct their report to the Common Council will be, ‘The CuarkMan stated it to be bis opinion that General Sandtora (or Ewen should be present to si some of the statements made in their remons! be thereupon adjourned the committes till a future day, THE NEW STATS URSENAL—TESTING THE ROOF. Tke roof of the new State Areenal, now building at the corner of Thirty: fifth streetjand Seventh avenue, undert @ direction of John W. Ritch, Eeq., architect, was satisfac. torily tested yesterday by placing upon one of the princi pal trusses a quantity of bricks weighing eixty toas. Thege bricks haa remained on the truss for twenty-four hours without producing any apparen effect, and a num ber of ecientific men who were present yesterday ex presged the opinion that the rcof was able to sustain a much greater weight than by any combinatioa of circam stances will be likely to be placed upon it. * Although the roof presents obvious and intrinsic evidences of great strength, yet in viaw of the crash of the old areenal, Mr. Ritch deemed it advisable to submit it to the severest test, and it has passed the ordeal in the most satisfactory manner. Mr. Ritch bas entitied himself to great credit for the thorough manner in which he bas carried ont this work. This roof is ibe largest in this city, aad, perhaps two exceptions—those of railroad depots at Spripgdeid, Mags., and Richmond, Va.—the largest in tue Unitce States. It is 200 feet long, 88 feet wide “érom out to out,’ and 82 feet span in the clear. It is simply a tie- beam and girder trues roof, while those of tne depots above mentioned are the roguiar Howe bridge trues. [be arecnal is cxpected to be completed and ready for occup1- tion by the middle of Ootcber, when it will be duly inau- gurated by the military of this city. The lower siory is designed for ordnance and cavalry equipments, the second floor for a depository for small arma and infantry equip: ments, and the third floor for an immense driil room, in which a whole regiment can with ease be prt through all the evolutions of the ‘school ot the bettaiton.” The room might contain 1,600 eoldiers, and as many more could find place, if neceseary, in other parts of the build ing. The contractor, Mr. Godwin, deserves to be compit mented for the prompt and satisfactory manoer ia which he bas fulfilied his obligatious to the State, Our Virginia Correspondence, SrrinpiinG Sracves, Augusta county, Va., Auguat 8, 1859, Death from the Bite of a Rattlesnake Whiskey not an A: § tidote— Important Information. Wm. A. Perrin, of Staunton, Va., was bit at this place by a rattlesrake which he was handling asa pet, on Satur. day at three o’clock, and died on Sunday (yesterday) about half past one o'clock. He suffered intense pain and extreme nausea until death relieved him. There were some five or six physicians present, they treated the case with ammonia and whiskey, that seemed to have very little effect. The unfortunate man was under the impres. ‘ston that the enake would not strike uniess it was in coil, and that if it did strike, that whiskey was a perfeot anti dote, both of which opinions were erroneous, though I think that is the general opinion. I am satiated that the idea of Sef counteracting the effect of the poison is @ mistake; and this instance should prove s warning to persons hereafter not to rely on this remedy, This man was bitten four years ago by a copperhead, and was re Heved then by drinking @ large quantity of whiskey Is was a singular fancy for any man to pet rattiesnakes. THE FORREST DIVORCE SUIT. AvGver 12.—Catherine N. Sinclair (late Forres) vs. Et twin Forrest.—In pursuance of the order made in ran 4 by Judge Woodrvit, Mr. Forrest has paid over, throug! be attorney, ‘the firet insialmert of $200 per month allow. ance for Mr&. Sinclair pendirg the suit, and the sum of $1,500 towards expenses for counrel fees and digburse- menis. Hon. Judge Moncrieff, venaree French. Plen White; Joseph W. Hyne va. Plin White and others; John Littl feld vs. Ptin White and cthers; Cyrus W. Scofield vs. Plin Whites Archi tald L Hyatt vs. iin Whiten application made on ebalf of the plaiotiffs in each of the above entitled actionr, for 2 commitment agaiust the defendant Plin White, is denied without costs to either party, Avevst 12. To the northward from Fort Kearney, and in the vicini. ty of Wood river—a tributary of the Platte—reports are daily reaching us of some of the most serious Indian bat tles which have transpired in the Weat for years, Isis true there is rovbing authentic so far as the amount killed, &c., but sufficient to know that the red men are fast passe ing away from the war path, ‘The Sioux of the plains, amongst whom are the Chey- ennes,and Pawnees, with their allies, the Omahas. for years been at war, and generally shat ioe ieee successful, AS mentioned in one of my late letters to the HERALD, the two latter tribes had united this season upon their annual baffaio bunt, for the if occasion: presented ftuelf, of giving 2 battle te the Sioux. hus united, they presented from 1,000 to 1,100 warriors. In the vicinity of Wood river, a8 before stated, tuese bostile trives met a few weeks since, and it is reportei in the firet engagement about fifty Pawaees were killed— bow map! ‘Omabas is not reported, nor, indeed, how many of their foes, the Sioux. then they have had one or two pitcbea Indian batt esand a considerable skirmishing, kiilvg in el), of the Pawnees avout one hundred, of we Omsbas about twenty, aud of the Sioux about seventy. At lest reports Pawnees and Omahas were succesatul, aud the Sioux bad despatched runners to bring in several hundred more warriors for the purpose of annihilating the Pawnees and their allies. she seascn thus far bas been one which will long be remembered by theee lodians, marked as it is by some of the most disastrous bauies ever ex; ‘by the Present generation of red eking. The Pawnees are #0 Guch wterceted with the Sioux that they bave no time to tpare to the white getters; and, indeed, I doubt from the lerecue gireaoy taught them by the white settlers that Wey will make any more trouble, 1 understand aay @) tbe white sett upon Wood river have left homes and come into the more dense ona. count of there indian troubles. Week after next tbe democratic and republican Conven- ions sesembie, the former at Plattsmouth and the latter at Bellevue, for the purpose of pom! each a candi- cute for Covgress and Terrivorial officers. The nominee of the Gemocracy of Douglas county 18 George L. Miller, Baq., &pentieman well known wWroughout the Cerri ap an excellent and talented citizen. He will probably receive the nomination of the cemocratic Convertion. In the re- publican Convention Generai Jobn M. Thayer, of Douglas county, avd H. P. Bennett, Seq , of Otoe county, are the principal ones spoken of ‘Tne tals of public lsnds are now atthe Uniced States Land office at ibis place. Bat littie choice jance bave ag yet been bovgbt by epeculators The claims of tetilers are generaliy respected, Tnoousands of excel- tent lapde are pull in market. the wheatcrop of the Territory looks very well, and corn promes a fair yield. Emigration to and from Pike's Peak tt Copubucs, A few cays since, amongst a crowd cf returning miners, one Wass ;ointed out to me as tbe men who carried the duet from diggings to diggings, “salting” ibem for Greeley 8 inapection, mannan A arrest eT N RAND TRIENNiaL P-RABE OF THE NEW YORK Fire Lepartment on Monday Uctober !7 1869 eguiailons adopted by the Board of Engineers, at thelr meeting Auguat lv, 1559: = Piast. On motion decided that no invitation be extended to ont of town companies for thet day; but should Say viskiageompa- view ppeat & place will be provited 10¢ them in'the krwt divi- sion of the line. Sr0OND, Dieparnep Comrasres Woe Casne ane Pennixa Brrone 0 ine Counts —The Board of Ki Fecoguise on parade such cow panies disbanded by the # tre Comuuissionera as have been placed in service by the Common Couacil. unless previous to tte parade the courts declare them legally dis banded, in ‘which case bey ceonct parade. a munD Mvsic—The Board will accept of twenty bande of music, from thove companies who wi'l surrender them, to be placed where most needed in the line, under the direction of the Grend Marel rourtH. Extnaxce Fes —Every company tht does not furnish mu- sic will be required to pay to the Grand Marshal or bis clerk, at the ( Lief'e office thirty-five cents per man, aa classed by the city ore ee vizi— Jat class engine company, 7) men. ao ow “ Oo"! Book and iadéer “* cy o Hose ~ 80 FIFTH Ivvirarions.—Deetded to invite ex-Chief Ev; ex As. ‘Assoo sion, ‘Board of Jommissioners, Ex: + 0~ ¢ Company, Board of Lrustees of Fire Depsriment, Board ct Fire Wardens, President, Vice President snd Secretary of Fire Departwect, and all other ex-oflicers of the Fire Department. sixtH. Crry Avtnorimrs,—The Mayor, Common Council and Heads of Lepertments invited to review the parade as i; passes: the front of the City Ball. SEVENTH. Usironm.—Firercap, black pants and fremen’s red shirt, GHTH Live oF Manc.—The Depsrtment will form at 10 o'clock. AM. on Fifth ave sue. righ; reating on Thirty-fourte street; couniermarch cown Fifth avenue to Tweniy third stnet; trough ‘Twenty toird street to Eighth avenue, to Bleecker \) Broadway; down Broadway, throug the Park, to strvet, 10 Bast Broadway. to Grand street, to Bowery. sta’ ark), marsbiag around the eC. ‘are usually late in reastin, the piace of forming for parade are notied thst the line wi move at preciee:y 11 ovelock. should there be only one compa- by on the ground at that hour. Chief HARRY HOWARD, Chairman, @ Josern Rvcn, Atsistant Kngineer, Secretary. ies w PERSONAL Avorets FREDERICKS —INFORMATION IS WANT- ed in regard to Augusta Fredericks, a cabinet msker by trade, who left Detroit last spril, for this city, ia quest of Work: Any parties knowing of the whereabouts of tne said Frederick will cooter « great favor on his wife, by informing J. McQueen, 62 Cr atree! (OR ADOPTION. HEALTHY FEM five months old, will be given to any rea who will adopt ft and bring it up aathelrown. Ad Broadway Post office. F THE LADY FROM PHILADELPHIA WHO LATELY eslled twice to tee frient at the store west of Broad. way will tend her address, or that of Mrs, Pitch, to No. 15d samme street, abe will much obfige an old friend. F_JOBN HUNTER WILL CALL aT THE WESTERN Hotel 15 Cortlandt street, be will geta letter from his uncle, Gi!bert Hunter, in San Francisco, Usl. It is of much importance, Inquire for Captain Ftek. OHTLD, tamily 2 Widow, F THE EXPRESS DRIVER WHO TOOK A SMALL black trunk from the as'or Howee on Thursday afternoon to deliver at the Howard totel will call at the office of the Howard and give auch informasion as wi.l iead to the recovery of the trunk. he will confer a tavor, as he made an exchange of trunks through mistake MPORTANT NOTICE —IF JOSEPH SHARRAD WOODS, f gsiive of Langham, near Quabam, ip the county of aut” lend. Englend, who left England for New York, United States, in or about the year 1841, aud who formerly lived with Mesars. Thomas Doss, ton and Hangon, 31 Bt Martius e Grand, in the city o: London, Kngisna, also as traveller with Mesire. Lid- dinrd & Co. Friday sire’, Cheapside, in the city cf London, Xoglard, will commupieate ag below. he will hear of some: is advantage: or any person giving information to signed ag to the whereabouts of the above, whether ‘agent, Daccn’s Coffee House, 3 Walbrook, Oity, Lond'n, Kag- lard ‘or to KOBBRT WOODS, Banged and’ Porter court, Uclden lane, London, England. NFORMATION WANTED—OF BIOH ARD MOONEY, OF ‘the county of Meath, Ireland, who lax ied from the James Foner’ J. July 3. He, oF toy one knowing his wi a wil relieve the snxiety of bis er Haating Go.'s, 154 Front strest. 4 = NFORMATION WANTED-OF WILLIAM SHANNON, ‘a native of the county of Cnrlow, Ireland, b: Catharine thapnon. He left New York in 1853 for *an fran- ¢ia20, Caifornia. When lest heard of, November, 1854 was in Marysville, Yuba county. Address, care of Wm. Nolan, 51 Mulberry street, New York. California papers please copy. i M. L. §—YOUR NOTE WAS RECRIVED. THE AD- +_ dress waa se yon suoposed, West Wash ngion place. Gall'et your caries iasures MELINDA,” silas ©. L. My copviat W H. R—ALL WELL AT HOME, D. ISLAND—BEAUTIFULLY situated; extensive sea view of the Sound and surround- ; five minutes’ walk (rom the landing, one hour and quarter from New York by steambont; excellent accommoda- flora and terms reasonable. For particulars apply at 165 Eighth avenue, \OUNTAY BOARD WANTED-FOR A GEATLEMAN, / wife, and three chtidren, aged two, four snd six years, ani nurse; not over two hours from the city by railroad or sveam- beat, “address stating terms, which must be quite moderate, M. G. M., box 109 Herald office, HOTELS. LEGAL NOTICES. UPREME COURT —EMMA HOFFMAN AGALNST WIL- iam Hoffmen. Summons —For relief. +) fled in the office of the Clerk of the City and County Ct New York, on the firet day of Jaly, 1889, af bie oice tn the City Hall of the seid cry, and to serve a copy of your anawer to the sate complaint on the eubcricer at his ofice. X - iam street, fo sak city, within twenty da) eather, service of his eumons on Jou, exclusive of the day of such service: and. fyou fail 10 anewer the said complaint within the time afore tald, the plainiffir, hte action will apply to the Court for the ‘tht relief cemanded in the complaint, » Gia, aig ENOCH C. BREWSTER, Plaintif’'s Attorneys. Dated New York, July 1, 1859. OCULISTS AND AURISTS, BIIFIOIAL TEETH—WITHOUT METAL pay obe 1d i to for crpanit superior fe any ceepete io mae x EOPLASYIC,—THIG ARTIFOIAL BONS FILLING foe desayes teeth is put te while colt, sogn hardens, oss ‘00 pain. ge Requires no preseare; aching or mere shella can be filed 1, Rooms of the discover, corner of ‘Way and thirty. fret atreet, WINES, LIQUORS, &C.