The New York Herald Newspaper, September 27, 1859, Page 5

tho passage this woman observed to her mistress that she peritaps had too much confidence in the people about her, ‘and recommended her not to leave exposed a small colfer which she had with her, and which contained $100 and 900 francs im 20 franc pieces, On reaghing Havre and taking up their residenco at the hotel, Mrs. ‘Wright her keys on the mantelpiece of her room, when her servant again advised her to be more careful, and told her that the little coffer which ho kept in a travelling bag, would be safer under her pil- fow. ho following day the mothor of Mrs, Wright ar. rived from Belgium to welcome her daughter, and the lat- ter wishing to make her a present opened the cotter, when to her dismay she found that all the money had ‘disap- peared aud Tho jewelry which had been in it was lying joose in the bag. The police being informed of the Trob- Dery at once suspected the servant, and on this latter be- ing questioned she proteatod her innocence, adding, by way of turning suspicion from herself, that while on board she bad made the acquaintance of one of the passengers, »who had since visited her at the hotel, and that perhaps he was the thief. The suspicions of the police, however, remaining fixed on the servant, i. search was made in her room, whewa purse stuffed with gold ape was found, and on this proof she confessed her guilt and was taken into custody. The Latest by the Vanderbilt. BY TELEGRAPH FROM LONDON TO SOUTHAMPTON. ‘MARsKILLxs, Sept. 14, 1859. Advices from Constantinople are to the 7th of June. ‘The Sultan nearly lost his life on Saturday. An Jonian, commanding an Fnglish steamtug, drove his. vessel twice against the Imperial caique, and the Sultan was saved with great difficulty, ‘The Governor of Candia has sent in his resignation. ‘The smuggling of arms continues there, and a seizure of a bomb vessel charged with powder has been made. ‘Political agitation in Servia was increasing. The National Assembly has been convoked. ‘Vienna, Sept. 15, 1859. ‘The Imperial Law Guette announces that the premium on the interest of the national loan falling due in the mouths of October, November and December, 1859, has ‘eon fixed at 16 per cent. The London Zimes correspondent says, it was stated yes- terday afternoon that 12,000 French troops are ordered to be held in readiness to leave for China. General Wimp- fen is talked of for the command. ‘There is also a rumor in Paris of a tendency to agree- ment between England and France on the subject of an European Congress for the settlement of Italy. Oonsols for money 95), a % a %{; for account, 951¢ a %. Board of Aldermen. ‘This Board met last evening, Thomas MeSpedon, Esq., Presisident, in, the chair. A Dumber of papers were received and passed upon, but they were of no public importance. The petition of the New York and Westchoster County Railroad Company to lay their rails through the streets of ‘the city of New York was referred to the Committee on Railroads. COMMUNICATION FROM THE CENTRAL PARK COMMISSIONERS. A communication was received from the Central Park Commissioners, stating that of the last issue of stock of the Central Park Improvement Fund there remains a sum of $237,768 07 unexpended, a part of which, to wit: the sum of $216,600 yet remains in the hands of the Comp- troller of this city. That outstanding liabilifles of the Board for laborers’ wages, materials, &c., will, with the current expenses for the month of October and the first half of the month of November, more than consume that amount of money, unless the force of men is materially reduced. ‘The Board of Commissioners of the Central Park are de- sirous to continue as large a force at work on the Park as can be economically employed, inasmuch as the month of Octo- Der and part of the month’of November are months espe- ¢ially favorable for planting trees. The Board have made extensive arrangements for carrying on this character of the work, and are directing their energies especially thereto, a8 also to the completion of the drive, ride and walks of the lower part of Park. The Board of Com- missioners C arabar request the Mayor and Commonal- ty of New York to create and issue of ‘The Central Park Improvement Fund,” the amount remaining unissued and rized by the provisions of an act passed April 17, 1857, and further to provide for the maintenance aud gov: ernment of said Park. Referred to Committee having that matter in charge. EIGHT PERMANENT INSPECTORS ON CONTRACT WORK. A resolution to appoint eight permanent inspectors on contract work, at $900 a year each, was presented by Alderman Adams, and referred to Committce on Or- dinances, SITE FOR A NEW COUNTY JAM. ‘The Committee on the Building of a New County Jail having conferred with a Committee of the Supervisors, re- ported in favor of setting apart certain property bounded by Ludlow, Broome, Essex and Grand streets, as a site for that purpose. Ordered to be printed. The Joint Special Committee of both Boards appointed to make arrangements to entertain Mayor Mayo and the Richmond Grays reported in favor of voting $6,851 86 to defray the expenses incurred on that occasion of the city’s hospitality. Laid over. PROPOSED REWARD FOR THE DETECTION OF INCENDIARIES. ‘An ordinance passed by the Councilmen authorizing that the Mayor should offer a reward of $1,000 for the ap- prehension of any person connected with incendiarism. Alderman Brabrey opposed the matter, believing that re- wards would prove inducement to commit incendiarism jn order to share with friends who would act in concert with them. The ordinance was lost, by a vote of 10 to 6. After some routine business the Board adjourned to Thursday. * The City Officials at Loggerheads. SPICY REPLY OF THE CORPORATION COUNSEL TO THE JOINT LETTER OF THE MAYOR AND COMP- TROLLER. Orrick oF THE CoUNSEI, TO THE as} No. 237 Broapway, Sept. 26, 1859. Danixs F. Tremann, Esq., Mayor of New {York; Ronzrr 1. Haws, Fsq., Comptroller of New York:— Geyriemen—After considerable deliberation upon your somewhat extraordinary letter to mo, published in the morning papers, I am greatly in doubt as to what you in- tended by it. If your object was to convince me that I did not understand what you had done or agreed to do, or that I did not read and appreciate what was in the case actually proposed by Mr. Justice Roosevelt and others, to be submitted to the Supreme Court, as to their right to a rate of increased compensation for services as Judges of the Supreme Court in this district anil assented to by yourselves, you haye fallen very far short of securing such a result. You endeavor to avoid responsibility and public censure in this matter by at- tempting to convict me ofa want of understanding of what you have done and suffered in the*premises. You shall hot succeed. I beg to assure you, gentlemen, that I do not misunderstand or mjscoieeive what has been done, and if there be any doubt of it, I stand ready to prove, by the handwriting of some of ‘the principal actors to the transaction, the exact correctness of every proposition in the letter which I addressed to his Honor the Mayor, un- der date of 22d September instant. Tfelicitate myself that you profess your willingness to consult’ me as your “legal adviser,” — as whether you should adopt the suggestions of “those gentlemen,” or leave ‘them to their other remedies at law.” It is never too late to mend ‘or repeat, and I rejoice that, during the few months which remain to me of official life, there is a prospect that you will severally confine yourselves to the discharge of the duties and responsibilities pertaining to your respective offices, and not assume to be what you are not, and ae not expected to be, “judges of the law” of any case to which the city is a party. I promise, as an equivalent for your non-intervention in matters which do not concern ou, a continued abstinence upon my part of interference all that officially relates to you or either of’ you. I, nevertheless, desire to be informed whether you vouch for each other when you say, ‘nor has anything taken place between you and us to warrant any other view of the matter” than that which you assert in your letter. Is your letter to me a joint enterprise, or was it entered into upon your individual account? When you shall have informed the public and myself upon this sub- ject, I may have something to say as to what one of you, no later than Saturday last told me as to his official con duct in this matter. You can answer this inquiry through the same medium which you employed in your last pre- ‘vious communication on this subject. RICHARD BUSTEED, Counsel for the Corporation. The West Washington Market Case. Before Hon. Judge Potter. SUPREME COURT. Sept. 26.—The People ex rel. Owen W. Brennan et al vs. the Moyor et al. In this case as soon as permission was given the city to appear and dofend, Mr. Busteed served the answer denying the title of the State to the West Wash- sngien Market lands in question, and pressedton the trial which was set down for this morning. When the case was called the plaintiff's counsel were realy. Mr. Bus teed was also ready. Mr. Daniel Lord said that he appeared as attorney of record for some of the defendauts, and was also counsel for some of them for whom Mr. Busteed appeared as at- torney, and on his (Lord’s) part he would oject to the trial going on as ho had received no notice of the fact. z Mr. DT raters tal appeared td Ber for the Mayor, C., AN lefendants. Mr. Lord appeared f¢ five and he (Busteod) was ready. pian Here a document was handed to Mr. Lord, who road i aloud. It was a stipulation that the verdict, if. any, would be recovered against the city, and not against the tenants, In view of this fact Mr. Lord suid thathe would withdraw from the case as soon as the stipulations should be filed, Mr. Busteed said he would be happy to have the coun. sel and assistance of Mr. Lord. Mr. Lord, however, declined. . ‘The clerk then proceeded to call the jury, and Mr. Bus. teed said that in view of the importance ‘of the case he should challenge the jury. Wm. H. Bogart was called and accepted; M. Wadsworth, peent bat Jacob Betteroff, er James H. Day, re- fused—he stated he went for the city, right or wrong; Lewis B. Silva, Albert W. Henriques, Frederick W. Board. man, and Hezekiah Newell, accepted. ‘The Court here announced that the panel of the jurors was exhausted, After discussion it was decided “that tho case should be adjourned till Tuesday morning, an extra panel of jurors to be summoned in the meantime. ‘The following are the counsel engaged in the case:— For plaintifs—Fx-Judge Ramonds, Wm. B. Eyarts, B. W. Stoughton, and to Hut For the defendants—Richard Busteed, Corporation Counsel, associated with ex-Judge Dean, Moses Ely, and Rufus F, Andrews. , NEW YORK HERALD, TUESDAY, SEPTEMBER 27, 1859.—TRIPLE SHEET. y SUIT AGAINST THE HUDSON VIGILANCE COMMITTEE. Important Charge of the Judge as to the Law of the(Case, and as Against Mob Vi- olence—The Jury in Deliberation, &c. SUPREME COURT—CIRCUIT. Before Hon. Judge Potter, of Saratoga county. Serr. 26.— William Mowers (colored) vs. Peter Bogardus, Abram Bogardus, Wm. H. Hunt, Myron Van Dusen, Silas W. Toby, Charles 8. Wenchel and Abram V. V. Blting.— Before the Judge proceeded to charge the jury, ex Judge Dean asked to submit the following propositions, which he asked the Court to charge:— 1, The defendants aro not liable to the plaintiff for any of the matters charged in the complaint, unless they aided, abetted or assisted those who were the actual per- petrators of the acts charged. 2. Acitizen may, if he sees a breach of the peace, in- terfere to prevent it; but if he does not interfere and re- mains neutral, taking no part in the ocenrrence, witness ing it only, 2 party injured cannot sustain an action against the person who saw the occurrence and noglected or re- fused to interfere. 3. A person who had no previous knowledge of any in- tended action on the part of Crist and his associates against the plaintiff, but who, by the noise, was drawn to the public square, is not liable to an action at the suit of Mowers for merely witnessing what was done. 4. If the jury aro satistied that defendant, Abraham Bo- gardus, was attracted to the public square by the noise, and was requested by Mowers to take his watch and other property, and did take them at his request, but did not joi himseif to those who were engaged in perpetrating ‘the acts complained of, he is not liable to an action. 5. If Myron Van Dusen accompanied Mowers to the pub- lie squaré at his request, and finding a force which he be- lieved Le could not resist, he is not Hiable in this action to the plaintiff for not interfering at the risk of his own life Ing limbs to prevent the action of those who had assembled there. 6. That though it may be a public duty for a citizen to actively interfere to prevent @ breach of the peace, yet a neglect of this duty docs not constitute a cause of action at nit of a person injured at such breach of the peace. * 1. That the rule of evidence in reference to a party is the same gs to any other witness—false in one thing false inal). That it appearing, by the affidavit of the plaintift used on the motion to prevent a change of the place of trial, that be there swore that the defendant Hunt came into his shop and with Howard and others pulled him out; that he there swore that the defendant Elting was at the square, and used language mentioned in the affidavit; that he there swore he did not return to the city of Hudson until May, 1857; all of which he now admits is untrue— that he is bound to explain these misstatements, and if un- explained they are conolusive against his veracity and his whole testimony should be disregarded, 8. That if the jury are of opinion that the plaintiff can recover against any one of the defendants, that the damages as against that one is limited to what ‘occurred when defendant was present. 9. That the plaintiff is not entitled to recover in this ac- tion as against any one for loss of his wife, child or any property except what was actually taken from his person. 20. ‘That this being an action for the recovery of dama- ges for injury to the person, the jury have a right to look at all the circumstances attending the alleged injury, the charge that was publicly made against him—viz. : ravish- ing an innocent white girl, aud his neglect af the time to deny it, and his refusal on this trial to allow the defend- ants to prove the truth of the charge. The Judge in charging the jury said that this action was brought by Wm. Mowers against Peter Bogardus, Abram Bogardus, Wm. H. Hunt, Myron Van Dusen, Silas W. ‘Toby, Chas. §, Wenchel and Abram V. V. Elting. He named all the defendants now, because it was important that the jury should keep their names before their minds, as it may be necessary to apply the testimony separately with reference to each party. The plaiti- til was a barber, by occupation residing at Hud- son, in this State, for sixteen years, and had ac- quired a little property there, amounting in value to about $2,000. While engaged peaceably at his Business he was seized by a mob, dragged out on the strect, beaten, and then taken to a public square, the mob increasing as they went along. A ring was formed, and he was stripped, either by himself or the orders of others; he was then tarred and feathered, the tar being poured over his head, and running down his back and face. The available defence-is a general denial that the defendants participated in the affidr, and this will be the issue the Jury will have to try; for when an attempt was made to introduce an issue which was not in the case it was ex- cluded by the Court, and therefore the only issue which the jury are to try is whether or not these defendants or any of them fare guilty. The Judge then continued:—After four days of patient and attentive hearing you are now about to assume the important duty of deciding this ex- citing and somewhat remarkable case. The case is oer- tainly peggliar in many of its aspects, and is perhaps as novel as fis peculiar; but it belongs to that class of cases that makes its decision almost exclusively the province of ajury. The Court will sufficiently have discharged its further duty in this cage by presenting to you the legal issues that arise upon the pleadings, and digabusing your minds of any erroneous impressions which may impro- perly have been drawn into the case. As you are sworn to try the issues in this action it will be my first duty to show you what those issues are, inasmuch t those issues alone you are to be confined. And _ those issues are to be tried upon the evidence, and upon the evidence alone, and not upon any prejudice nor even upon the suspicion that there ig anything existing outside of the case that ought to be but has not been proved. The suspicion that plain- tiff has outr: public opinion in the neighborhood where he lived, which hag been attempted to be drawn into the case, and that the punishment he received was the uncontrolled and uncontrollable result of public in- dignation against him, you are bound to reject with- out a moment’s consideration. Your oaths forbid its consideration, because there is lence here to prove such ‘a charge, an be defendants themselves, for reasous best known to them, either be- cause they did not believe it to be tne, or for some other reason, have set ‘up no such defence in the case. The Court, therefore, excluded the proof when offered, be- cause it was not a proper issue inthe case. You must re- ject it algo, because the plaintiff has had no opportunity 0° trying such a charge, neither here nor before he left Hud son, and should yon now assume such a charge to be true, and act upon it? You would, to say nothing of a de parture from duty, perhaps, punish a man twice for an offence of which he may not be guilty. This, you see, would be double injustice. You will not assume it to be true, because a mob at Hudson did. You must not as- sume that the mob are the people; nor act upon the motto ‘that the voice of the people thus spoken is the voice of God.” As has been said, nothing is more false asa legal maxim. However true such a maxim may be politically, by a people who are about establishing a form of government, it is not true as a maxim of law. By the yoice of no mob, or number of men, self-constituted, itnd acting without law, are my rights or works to bo taken away by ruffian violence. This is a land of taw. Every citizen may look for equal protection. To its supremacy all must bow. To its protection the humblest citizens can look with confidence. So, too, the color of plaintiff is not a consideration which you are to weigh in the scales of justice. He is a citizen of the State of New York for all the purposes of olaiming the rights of life, liberty and property, and in these sacred halls of jus- tice his rights are as sacred and stand upon an equality with every other citizen. His rights must stand or fall by the law and by the evidence. Wheresoever else it may be proclaimed, it is not yet the law of this State that a colored man or man of African descent ‘ has no rights that white men are bound to respect.” It is a libel upon the laws of a government based upon equality of cighta: The principal questions of fact which you are to find, gen- tlemen, are, whether any of the defendants in this action were, if so, which of them, participating in the acts, or aiding, abetting or giving countenance and encouragement. to the actors in the transaction, proved to you, in which the plaintiff was the victim, at’ Hudson, in July, 1856; and the determination of this question throws’ upon you the burden of trying seven distinct and separate cases, and if it shall turn out, by the evidence duly weighed, that neither one of these defendants have £0 acted as to subject him to the legal liabilities, then, not- withstanding all that the plaintiff has suffered of endured, your duty will be to render a verdict in favor of each de- fendant. Ifthe result of your consideration and judg- ment shall be that a part of the defendants are innocent and a part guilty, your verdict will then’ name those who are found guilty, and those you find innocent. It isimpor- tant Jtherefore, that you carefully remember, as well as duly weigh the evidence for and against Earle, the de- fendant, and make the discrimination. Now, gentlemen, in the application of the evidence to each case, in order to enable you to determine the guilt or innocence of each de- fendani, a few rules of law by way of instruction from the Court will be proper: General rule to make all evidence consistent, if possible, allowing for mistakes, of recollec- tions, for confusion of excitement. Tn general law a par- ty, though not present at such a transaction, might be guilty of the act, if he be found to have laid the plan, have instigated or induced others to participate in the transac- tion, if he has advised the act, or if he had procured in- struments or materials to carry out the design. So, too, one who had no prior knowledge of the design, if he see the. transaction, while in the act of cousumma- tion, and afterwards unite in it, or, being there, give it his aid and countenance, or € he take a part in it by his presence, expressing his pleasure or approba- tion, he also is guilty of the offence. And where a con- spiracy by a number of persons to do another an injury is first proved, (ea it has been here,) then all persons pre- sent, aiding, abetting or joining in the crowd, remaining to witness and not opposing the act, are presumed in law to be guilty, and the burthen is thrown upon them to prove their innocence. This law Is based upon the sound- est reason, Whatcan be more encouraging to an irre- sponsible mob than to see a crowd of respectable citizens surrounding them, and witnessing, without remoustrance or objection, their acts of lawtess violence? Such conduc amounts to an implied approbation of their acts? It is the duty of every goo citizen to use the utmost of his influ. ence to prevent such infractions of the public peace. In deed, there is a statute Jaw found in the books made to nicken the citizens of a place to the performance of this uty. Your greta difficulty, gentlemen, will ‘be in drawing a distinguishing line between the cases, on ac- countof the differences whieh appear in the conduct of each defendant from the other; and algo in closely balanced cases, (if you find any such,) to know upon whom the Durthen of proving guilt or innocence, at any particula stage of the case, legally belongs. T may as well at this point charge upon a point of law which I am requested by the defendauis’ counsel to charge. As the iInw now siands, the parties, being competent witnesses, are allowed to swear in their own dehalf. The rule of law is, where partics standing equal in point of veracity are found positively contradicting each other in material facts, the party having the aflirma- tive or burthen of proof must fail. He is bound to make out his case by the Strongest evidence. 1 charge this as requested by the defendants’ counsel. But generally Fome other fact or circumstance is added to the one side or the other, by way of corroboration, which changes the weight of proof. Suppose, for instance, the parties stood balanced, and then the party who had the burthen (as tins ‘been done here) should produce an affidavit of the other party, ju the same case, in conitict with his present testi- mony, while the other stood uncontradicted. In such caso it would not, in the mind of a jury, remain doubtful which to adopt. ‘This brings me to review. the use made of the evidence of the complaint and affidavits made in Statements of facts tn aMdavite are of more 8 Weight in impeaching, depending upon the intelli- gency of the maker and the circumstances under which a they are made, You will, in weighing the effuct to be given to the statements in affidavits, as well a: in weighing the evidence of witnesses on the stand, look at the circumstances of the cage, and of the parties making them. You do not expect the same intelliget detail from an ignorant, weak-minded, unlearned man, as from & man with greater gifts, and with more experience and jearning. You would not expect the same correct details of history of the transactions from the victim of a mob, who, during the time, was beaten and bruised, alarmed and excited, in fear of his life, besracared and blinded, bewildered and frightened, as you would from the cool, deliberate spectator of the scene. You would therefore © the allowance for all these things, yet you will make the due allowance. Your good sense will so dictate. I shall nop, gentlemen, attempt to recapitulate the evidence in detail, in its application to the seyeral defendants You have heard all the evidence. T have noticed with pleasure the careful attention you have paid to it, It ain been repeated, with all its bearings, with great skill and ingenuity by the respective counsel of the parties, You have seen, from this source, the best and the worst of each view of the case—the law has wisely made you the judge of its effect. A few illustrations of the rule of law in the applica tion of the evidence will suffice. Take, for this purposet first, the case of the defendant Biting. The plaintiif thinks he heard the voice of Elting directing the action of the mob upon the public square—at least he so testifies. No other witiess saw him there—no other has so sworn. Elting himselfswears he was not there. If, then, Eiting’s veracity is equal to the plaintif—and there appears to me to be no reason to doubt it—then the rule of law which the defeadants’ counsel as! me tocharge, and which I do charge, must bave cifuct. The plautil has the affirmative, fails. But in addition to this, one oath against one oath, in Elting’s case, Mr. Benedict, another witness equally creditable, saw Elting in his store five to ten minutes after the mob started for the square. This weight of evidence will probably prevail, as to him, un- less you can find some other circumstance in the case seats: to contradict this, or to show that Elting instigated the act. Take now another case—that of the de- fendant Wenchell. He is proved notonly by the plaintiff, but by other witnesses and by himself, to haye been present; he saw the whole proceeding; he heard theorder given for forming the ring; he wasone of the ring; he imgelt gave the word to open the ring, and it was opened. Indeed, he stood alone and saw the plaintiff dragged from. his shop; he saw him thrown down and beaten in the street; he followed withthe erowd to the square; he wit- neesed this whole outrage; he never raised his voice to dissuade; he made no appeal to the citizens to prevent it. Allaround Lim were citizens of character and standing and influence; he never made even an appeal to the mob to desist from the beating, the bruising, the tarring and feathering. This, too, all happened in the midst of a po- pulous city, where a hue and cry could have brought, or Ought to Lave brought, hundreds to the relief. If you be- lieve such a state of facts to be true, the law will cast the presumption of guilt upon him, and the burden of proof, unlike the case of Elting, is castupon him. Then the affir- mative or burtben of proof is upon him and not upon the plaintit. I will not follow out the other cases in long detail. I have perhaps given you in Elting and Weuchel the two extreme cases. I will not say, this case of Elting is stronger than Van Duzen’s you must judge, all the cases are alike, you must try each case by itself. The worst feature in the case against the defendants is, that a mere boy, not twenty years of age, apparently without much influence or character, in the midst of sucha community, could conduct such adis- graceful proceeding unmolested and undisturbed. Never- theless, gentiemen, you must be careful, on the other hand, that you do not by your verdict, punish a mere in- nocent and curious spectator of such a scene. You have heard each of the defendants testify as to his own inno- cence, and if you'see no reason to doubt their statements, unless the circumstances and weight of evidence out- weighs their statements, you will give them credit. If you do go, no matter how much the plaintiff has su! ; You must not visit his suflerings upon the innocent. It is natural for a man to exercise his curiosity to know th meaning of a crowd. For that alone he ought not to be punished. Itis only when that curiosity has been grati- fied, and when the Spectator is giving the transaction his assent and countenance and aid, that it becomes an act that creates liability. Take this case, gentlemen, and de- liberately weigh the facts—as a whole, weigh them against each individual. If you find each and every defendant in- nocent of being an actor, and innocent of aiding, abetuing and giving countenance to this transaction in the eye of the law, you will render a general verdict in favor of all of the defendants. If you shall find some of them to have 80 conducted themselves that they have become amenable to the law as the Court has charged the law to be, then your verdict will be against those alone whom you tind so liable. In cage you find a verdict against the defendants, or against any of them, your verdict isto be in one amount—not in several amounts. Should you come to the conclusion that the verdict is to be in favor of the Plaintiff, the amount of that verdict is entirely a question for you. In that case the plaintiff is en itled to recover a compensation for all he has lost, as a direct consequence of the transaction, his property, his business, his bodily injury, his loss of time, his pain, his suilering, bis depriva- tions—and, gentlemen, in addition to this, he is entitled to a verdict that shall stand agan example by way of punish- ing the defendants who are guilty, and to deter others from the commission of like disgraceful outrages. The Court would also charge, a8 requested by the de- fendants’ counsel, that if the plaintiff swears thata cer- tain party was — ‘at the time, and that party swears le Was not, each being equally credible, then the plaintiff fails to make out his case as to that defendant, as the Plaintiff is bound to prove the affirmative. ‘To the first proposition of defendants’ counsel the Court charged that to be liable, the defendants must aid or abet as he had already laid down. To the second—Tbat as a general principle is true. To the third—That is true, if he does not act in the man- ner the Court has explained. To the fourth—Thatis so, if that was all he did; but if the Jury find that after the plaintiff gave him his watch he (Bogardus) stayed there in the crowd and countenanced the affair, he is liable; but that is for the jury to say. To the fifth—That ie true, if the jury assume hie was not able to do anything. ‘No the sixth—The Court had already charged on that. To the enth—The Court declined to charge on all of this. To the first part he would charge that if the witness swore falge in one instance, the jury might assume that he swore false in everything. On the other portion of this proposition the Court would say that it isso. under the oircumstances on which he had already charged. To the eighth—The Court cannot charge that to be law. - To the ninth—The Court did not know, but as to the loss of the wife and child, the proposition is correct; but the Court should charge that the plaintiff, if the jury should find a verdict in his favor, was entitled to compensation for the loss of the society of his wife; as to the plaintiff's property, the Court charges as the defendant asks. To the’ tenth—The Court had already ruled upon that, and already charged upon it that it is not legitimately in issue here; the jury have nothing to do with it. The jury would take the judgment of the Court on the question of law; they are the judges of the facts; and if the jury do not take the law from the Court they would do an injustice to the parties, because if the Court is wrong in its propositions of Jaw it can be remedied by a higher Court. Ex-Judgo Dean excepted to that part of the charge where the Court states that the plaintiff is a citizen of the State of New York. The Supreme Court has decided otherwise. The Court had said,so far as for the purposes of this trial. Isay that as a matter of law sitting here, but out of court 1 mt express my own opinion. Mr. J. M. Welch, of Hudson county, associated with Mr. Dean, asked the Court to chargo that so far as the defen- dante Eling & Tobey are concerned, who are not shown by the evidence to have been preserit, the jury must be satiefled from the evidence that they counselled and ad- vised the act, or incited the actors in some manner to the commission of the act, otherwise th » not liable. 2. As to the defendants who were pro-ont, if the jury believe that they were present pectators, and’ did nothing to encourage the commission of the act, they are not liable. 4 8. That the mere fact of the defendants Van Dusen and others being present, under the circumstances raises no presumption of their liability unless there is some evidence of their participation in the act. 4. That if the Jury believe that the defendants shown to have been present, discouraged the perpetration of the act by preventing further violence to the plaintiff, that fact tends to rebut the presumption that they were then no participators, and throws the onus on plaintiff of showing that they participated. nae Court assented to this proposition, and so charged the jury. % ‘The jury retired at about half-past eleven o'clock, but as there was no probability of their agreeing for some time, the Court directed a sealed verdict, and that if they did not agree they should be kept together all night. At a late hour the jury were still locked up, and there ‘was no probability of an agreement. Board of Police Commissioners. TRIAL OF DR. ALANSON 8. JONES FOR TAKING A BRIBB. ‘The Board of Police Commissioners met yesterday fore- noon, and, as usual, held their session in the strictest privacy. Dr. Alanson 8. Jones, one of the#Metropolitan Police sur. goons, was tried on a charge of having taken a bribe from polfteman William Chamberlain for the service of having the latter detailed to the Tombs Police Court. Testimony was taken, pro and con, in the Doctor's case, and the trial was finally concluded. The decision of the Board will be rendered on next Friday, to which time it has ad- journed. The charge against Dr. Jones is contained in the follow ing affidavit of the complainant made on the 7th insi ‘Wm. Chamberlain, patrolman of the Third precinct, being sworn, says that in the month of October, 1857, this deponent bad an interview with Alanson S. Jones, Sur. geon of Metropolitan Police, respecting detailment; that Dr. Jones told this deponent that be and his brother had great influence, and bad got some thirty men appointed; that he guppoeed this deponent would be willing to pay a retiy good fed if he could get detailed; this deponent re- Ried You will find me about right,” on the 8th of Janu- ary, 1868, this deponent was detailed to the Police Court at the Tombs; on the 19th of the same month Jongg demand ed $50 of this deponent by letter, which letter is in the sion af this deponent, and this deponent went to Dr. yones* house on the same evening that he received the Jetter and Dr. Jones $15; some ten days after depo- nent called again at Dr. Jones’ house; that Dr. Jones being out, he paid $10 to the mother of Dr. Jones, and that he met the doctor afterwards, when be acknowledged the receipt of the said eu; Dr. Jones gave this de- ponent to understand that he was detailed, not because of any indispogition, but because of his age and“ intelligence, and because _ this deponent was ‘‘all right on the goose question.’ On March 12, 1868, this deponent received a second note from Dr. Jones demanding the balance of the sum eriginally mention- ed. On the Ist of Arp this deponent received another note. A few days after this deponent met Dr. Jones at the cor uer of the Bowery and Grand street, when this deponent asked him if he would not wait until this deponent. re- ceived his monthly payment. Dr. Jones said Yes, if he this ‘ieponent) would then pay ity? deponent replied thot “he (Dr. J.) should have his, $26 by the 10th of May, whether this deponeng got his police payment or not; and that, about the third or fourth day of May he did so. call and pay the $26, it being the whole demand against him. A now eet of officers will soon be sent to Panama to join the steamer Saranac. Chief Engineer King, of the Brook. lyn Navy Yard will receive the applications of dremen and coal beavers desiring to ship for this service, Court of General Sessions. Before Hon. Judge Russell, LIEUTENANT MARMADUKE REEVE’S ORATION—HE 18 SENT TO THE STATE PRISON. Suet. 26.—It wil! be remembered that on the conviction of John McAlpine alias Lieutenant Colonel Marmadule Reeves, WhO perpetrated an audacious swindle on Clara Woodbine, a governess, the City Judge said he would sen- tence him on Monday, The Court room and all the aye- nues leading to it was crowded by the curious, whe were anxious to see him and learn his fate, McAlpine has a fine personal appearance and more than ordinary mental ability, and had he followed an honest calling bo might have distinguished himself. Jobu McAlpine was then arraigned and asked what he had to $y, why judgment should not be pronounced against hum? He then proceed to address the Court and ingeni- ously reviewed the evidence of the complainant. “If I bad the ring,” said he, “with the intention of steal- ing it, would she not have asked me for it two days after- wards. She voluntarily loaned me her silver watob; this she has sworn to. 1 am perfectly aware (and no living. being is more convinced of that thing than Iam), that I have had a very strong current of pre- judice to contend with, and to that I attribute my convic- tion, I would have uuhesitatingly confided my tial, even if it were for my life, to the impartial justice of’ your jonor, had { been blindfolded, would have taken indiscriminately a dozen of men out of the heterogeneous: elements of this community, and would have submitted my case without the slightest apprehension of a convic- tion, 80 confident was I that 1 had done nothing, not even the shade of an offence; and notwithstanding the preju- dice that may extend against me, if 1 were laid upon my death bed, and the moment of my dissolution drawing nigh, Icould place my hand upon ‘my heart, and in the presence of God and my conscience say that I was inno- cent; and it is an incontrovertible fact that if a man’s conscience nor his God does not convict him, he is inno- nent. lam a victimof prejudice, and 1 am as innocent of the crime of which Istand charged as your Honor is; and when this case and many others which have caused prejudice against me shall have been divested of their sceming realities, and} shall stand bofore the Omnipotent Judge, who knows the secrets of all hearts, I will then be proven not guilly. My acts, your Honor, are open, and i have always courted the strictest investi gation and scrutiny. They are liable to criticism, and I court that criticism, provided, nevertheless, that that criticism is doue in a spirit of fair play; but such has not been the case. My case was prejudged in the public pa- pers before ] was arraigned here atall. I care not what an unprincipled, scurrilous editor, or an editor’s men be he in the capacity of a reporter or whathe may be if he will set forth the facts against me. J would, in th language of Paul to Agrippa, say, “Would to God U every man who hears me this day were altogether such an ohe a8 Tam, except these bonds.’ Were T possessed of the oratory of Homer to expatiate upon the charges brought against me] would lay them threadbare before you, and if they were divested of their seeming realities I ‘am positive 1 would have the leniency of this Court and the public in general. You haye dwelt emphati your Honor, on my not obeying the Injunct! of the Court. Admitting for a moment, the sake of argument, that it in my power to restore the property, I have had no oppor- tanity to doso. Saturday I was in court, and I could not see a soul. Sunday interyened, and this morning T only had aconple of words hastily with my counsel standing up. I fully expected, in consideration of this case, that your Honor would have laid over the sentence ,and thereby afforded me an opportunity to make efforts to reswore the property. 1 assert most emphatically thatfacts would have been developed that wouid have given this case a diffe- Tent aspect, both in the mind of your Honor, the Distri Attorney and the whole community; and as a simple act of justice T have urged upon my counsel to use all possible endeavors w induce your Honor to postpone the sentence. now pledge myself, if you will do so for a few days, there can no possible good accrue to me from it, with the exception of the developement of facts which I have no doubt will strongly impress you thot I have had neither act nor part in the imputation of taking this woman’s clothing. In conclusion, I would say if you post pone the sentence, when you are laid upon your death bed, and ‘when your body is mingling with the clods of the valley, and when this world is receding from your view, it will be a consolation to you to know that yon haye extended an act of leniency to one who is thoroughly deserving it. His counsel stated that if the sentence were postponed facts would be proven which would materially alter the aspect of the case. Judge Russell would not postpone the sentence, and in addressing McAlpine said:—You were convicted of petit larceny, second offence. You hada fair aud impartial trial, I presented the case to the jury fairly and impartial- ly on both sides, leaving the qnestion of intention for Uh determination; and the jury, taking into consideration ail the circumstances of the case, believed the statement of the complainant and. convicted you. You stand in this position before the Court, as a person who has frequently been up here arraigned at the bar, and at one time con- victed in this court. After your conviction the learned Judge Who presided interceded, and was instrumental in procuring your pardon. Instead of having the effect to cause you to change your course of iife, it appears that it had no other effect than to cause you to increase your depredations upon the community and upon innocent persons that were subject to be preyed upon through their want of knowledge of human nature. You betray- ed the confidence placed in you by the Executive, and you are entitled to very little favor from this Court, more espe- cially as you have not restored the property of the com- plainant. The sentence of the Court is that you be im. prigoned in the State prison for five years. The papa District Attorney intimated his intention to try McAlpine on the other indictments, so that in the event of his conviction on them, he wil! be imprisoned for a long term of years. Frank Duffy was tried and acquitted of grand larceny, having been with stealing a watch and chain from Wm. B. Dunley, foreman of Engine Company No. 6, in Henry street, on the 26th of July, the acensed being member of the company. The evidence was circumsta tial, and the defendant having established a good charac- ter, the jury rendered a verdict of ‘‘not guilty.”’ After the rendition of the yerdict, Duly was surrounded by a host of young men, evidently firemen, who congratulated him on his acquittal. Mary Ward, who was charged wiih stealing some arti- cles of jewelry from Mary Ann Costar, was acquitted, there being no evidence adduced on the part of the pro- secution. Michael Hayes, a respectable looking youth, pleaded guilty to petit larceny, he having stolen a valise from a hotel. In consequence ‘of the intercession of the com- plainant the sentence was light. He was sent to the peui- tentiary for six months. Patrick Dempsey, who was charged with highway rob- bery, in stealing $113 from William Shannon, was conv ed of assault and battery, and was remanded for sentenc John Burrows, James Heenan and Thomas Toomé were charged with burglary in the third degree in ent ing the store of Mr. Brown, No. 284 Greenwich street, on the 11th of September; but’ there was no evidence to Sus- tain the indictment, and the jury immediately rendered a formal verdict of ‘not guilty.”” The Court then adjourned till next Saturday. Meeting of the Health Commissioners. A meeting of the Commisgioners of Health wok place yesterday in the Mayor’s office. Dr. Guy reported the arrival of the bark Susan Tan- ner from Sierra Leone, on the 24th, with hides. Two of her crew were sick of bilious remittent fever on her ar- rival, one of whom has since recovered, and the other hag been gent to the Marine Hospital. ‘The arrival of the Swanee from St. Marks, Florida, was next reported. She arrived on the 25th, at which time two of her crew were sick of bilious remittent fever, and have been sent to the hospital. ‘The brig Sea Lark, from Black river, Jamaica, arrived on the 26th. She had one man sick of bilious remittent fever on her arrival. ‘The arrival of the schooner Alma, from Kingstons Ja- maica, with all well on bdard, was next announced, and she was ordered a stream permit. All the other vessels were direeted to be detained four days in Quarantine from the time of their respective arrivals. ‘The Board took occasion to contradict a rumor that a death from yellow fever had occurred in the city during the past week. ‘The E Board then adjourned til) Monday next at the usual hour. ; Aid for the Poor Widow. New Yorn, Sept. James Gorvoy Brxverr, Feq.— Tncloged please find $5 for the poor widow, granted out of the charity fund of the Spanish Lodge La Fraternidad, No. 387, F. & A. M. LA FRATERNIDAD LODGE. 1859, FINANCIAL AND COMMERCIAL. Moxpay, Sept. 26, 1859. The bank statement made up this day compares as fol- lows with that of last week:— Week ending Loans. Specie. Circulation Sept. 17. $119,366,352 21,512,680 8,444,886 Sept 24. 119,38 20,660,436 8387206 Decrease — 852,244 87,680 416,800 Increase The decrease of specie is larger than was expected; taken in conjunction with the heavy shipment of Satur- day, it should instil prudence into the minds of bank managers. Itis rather late in the year for spocie ship- ments alone to prove formidable; cotton bills are al- ready offerin, the South, and ina short while there will be as large a supply as will be neoded for remittance. But the banke must remember that in order to make the heavy specie shipments which ave been gent abroad this year, the interior, and especially the West, have been drained pretty | dry of gold; it is high time that the West began to accumulate something. Had the contraction which was commenced 4 month or six weeks ago been continued to the present day, it is not likely that New York and Bos- ton would have shipped in a single week $3,100,000, as was the case last week; nor is it probable that gold would have continued to rule at a premium of 2 per cent at Chi- cago and St. Louis. The renewal of gold shipments and is beginning to be regarded with disfavor. The indications are good for an advance in the price of money. If the banks return to the safe conservative policy which they should never have abandoned, they will reduce their discounts a million of dotlars this week, and call loans will rule before Saturday at 7 per cent. ‘The exchange market for the Persia opens with a fair demand. Some of the leading drawers have advanced their rates, and ask 110 5-36 for sixty day sterling bills, and 110 11-16 for short sight; for francs 5.J3%¢ and §.103¢. Itis doubtful whether these rates can be maintained to-morrow, Nothing is yet known with re- gard to the gold shipment by the Persia, except that it will not probably be very large. The current rates of ex- change leave a profit on the exportation of gold, but ship- pers are waiting for the California arrival, the shipment of Saturday having swept the market pretty clean of bars. The rate of freight on the Persia is, moreover, double that charged by the Saturday steamers. . ‘There was rather more activity this morning at the Stock Exchange, and better prices were obtained for stocks: of all descriptions. Between the boards the market was steady ; in the afternoon it was without change, and closed tolerably steady. New York Central continues to lead the speculative stocks. The price touched 82 this morning, an advance of 4 over Saturday's price, closing th the afternoon at $2 bid. The street opinion is that the Albany friends of the stock are free buyers ; but the report from the commission brokers justifies the belief that they are receiving no little help from outside— predicated on the inereased earnings of the road. Rock Island was also yery active at an advance of 7 a1 per cent. The third week’s earnings have not yet come to hand, Galena was 4 per cent better ; the third week's earnings were $47,900 against $35,912 last year, showing an increase of $11,988. Southern guaranteed advanced 4g; the third week is said to have been a good one. Reading and most of the other railroad stocks are steady. What value the public are prepared to put on railroads which are faithfully adminis- tered and advantageously situated may be inferred from the price of Cleveland and Asbtabula stock, for which $115 a share are now bid, without sales. ‘There was very little done in bonds. The Harlem and Hudson River issues are in demand at advancing prices. State stocks are firm. Missouris touched 85 to-day. At the close the market was irregular at the following quotations:—Mis- sours, 843g a %; Canton, 1734 a 4%; Cumberland Coal preferred, 1834; Pacific Mail, 78% a 79; New York Cen- tral, 82 a 3; Erie, 4% a %; Hudson River, 351; a %; Harlem, 944 a %{; do. preferred, 36 a 1; Reading, 44% a 45; Michigan Central, 457¢ a 46; Michigan Southern, 6a 3g; do. guaranteed, 23% a 24; Panama, 1173¢ a 118; Iinois Central, 6744 a 34; Galena and Chicago, 74% a 75; Cleve- land and Toledo, 2874 a 24; Chicago and Rock Island, 6834 a 34. The Vanderbilt arrived this morning with dates to the bth. Since the sailing of the previous steamer the news of the outbreak on the Peiho had operated unfavorably on the markets; but the announcement that Great Britain and France were to co-operate against the Chinese, and prosecute the war, had caused the funds to recover, and they closed at 9544 a 5—2¢ a 1¢ advance over the last quotation, Money had grown easier, and on the Stock Exchange was quoted at 144 per cent. The French funds were higher, closing at 68f. 65c. The cotton market is reparted dull; but broadstuffs were higher, with an ad- vancing tendency. Private letters Tepeat the statements we have published once or twice with regard to the par- tial failure of the wheat crops in Southern Russia. In England and France, too, the yield of grain proves less than was generally expected. In regard to American stocks, the London ‘imes eays:— E In colonial railways there has been a decline in Great Western of Canada, American securities closed the same ag yesterday. Illinois Central 6 per cent, 1875... a 78 Ilinois Central Railroad 7’8, 1875. + 80 a 82 do, ‘7's, 1860, freelan -c. 83 a 86 Do. do, $100 shares, $60 paid..dis 39 a 37 Michigan Central 8 per cent, 1860, ~ 80a 85 Do. do. do.’ 1869. 80 0 82 Do. do. do, (sinking fund) do. 1882.. 83 a 85 De. do. $100 shares..........-.+ » a 45 Michigan $. & N. Indiana, sinking fund, 1888..'/. 63 a 68 Do. do. $100 shares. 4 . 6010 N. York Central 6 per cent sinking fund, 1 2 Sha 86 Do. 7’s, convertible, 1864. a 95 Do. do, 1876 a 94 Do. $100shares..... aml Erle 34 mortgage bonds, 1883. 64 Do. 1875 5 Erie 7 , convertibles, 1862-71 do. $100 shares. Penneylvania Central 6s, Ist mortgage Do do, 24 mortgage stg. Do. do. $50 shares Phil. and Reading Ist mortgage 6's, 1860. do, do, 2d mortgage 6's, 187 do, $50 shares... » Wa pe The London Times of the 15th inst. thus notices the mo- ney market of*the previous day:— The funds opened with renewed firmness this morning, and have closed ata further improvement, the notifi tions that France and England will act in conoert against China having contributed to the favorable tendency. The first price of consols Was 951, a 953%, an advance of 44, and the latest transactions were at 95%, a 953g. The in- vestments of the public are kept up on an extensive scale, und £10,000 stock is still daily bought for the banks. Gold also continues to be taken to the Bank, the amount carried there since tha date of the last return having been nearly half a million, and the supply of mo- ney on loan on the stock exchange has considerably in- creased at 13g per cent. About £48,000 in bar gold ‘went into the Bank to-day. The shipments of gold from Aus tralia for England since the departure of the last mail comprise about £787,000, a considerabie portion of which will be shortly due. The Atrato, from the West Indies, brings’ £120,000, and the Ethiope, from Africa’ £9,000. There was less excitement in the tea mar- ket to-day after the delivery of the China letters, but prices showed increased firmness. ‘The Chinese exchange quotations telegraphed on Monday showed a movement of nearly two per cent at Shanghae in favor of this country; but it appears that just before closing the post a reaction took place, and that the fixed rate was 6s. 6d., or exactly the same as by the previous packet. At Hong Kong it z e = a the reduction of the bank reserve are the fruit of the late unwise bank expansion, which was commenced and car- ried out at a time when there was no particular waut of money among the merchants, and when the discount bro- kers were overflowing with capital seeking employmont. The shipment of Saturday has already bugun to teil on the money market, There is today decidedly more in- quiry for moficy. Demand loans have deen made at 6; bat at this figure it is not easy to obtain money. At the discount houses the brokers report no actual advance in rates; but many lenders have for the time withdrawn their means from tbe market, and Jong paper was 4s, 1034d., showing a fresh turn of about 13g per cent against England. The mercantile letters from China generally concur in the view that that the renewal of hos- tihties will not be attended by any material interruption of trade. The American merchants regarded the ques- tion with considerable interest, siace the United States au- thorities bad decided that they must adhere literally to their own treaty stipulations, without regard to the course of other Pagers, so that they might be compelled to pay while the English éscaped; Dut the difficulty, supposing it to arise, would doubtless be met by easy expediens. ‘The Western exchanges are still heavily in our favor. At Chicago, sight exchange on New York rules at 2 per cent premium; at St. Louis at 34 per cent, gold being at 3% al per cent premium, and Missouri funds 2 per cent. The business of the Sub-Treasury to-day was as fol- lows:— Total receipts. $193,522 84 For Customs. 000 00 119,424 14 5,254,619 13 this morning were $24,090,909 88, and the balances $932,778 51. ‘The Chemical Bank has declared a quarterly dividend of six per cent, payable on Monday next, October 3. The following was the last statement pf the New Orleans banks, September 17:-— Sept. 1%. d $12,824,869 12,749,444 6. Specie. Inc. . Deposits 16,917,706 Tne.. Greulation. 9,442,559 Short loans) 21,144.67 Exchange 1,862,562 Dist. balances... 1.516.493 : Long loans....... 7,006,693 Dee.. Stock Exchange. Monpay, Sept. 26, 1859. $2000 Indiana 235 61 800 shs Erie Railroad. 434 16000 Tenn 8! 5 0 4g 5000 Virginia 456 3000 sh By 85% 5000 Missouri 6's, 80 67 To 100 Cleve & Pitts RR 7 22000 15 NH & Hart’dRR 127 25000 ' 450 Reading Railroad. 44% 2000 Michigan 6's... 983g 100 do... 880 44g 1000 ERR 4th m bds. 40 100 45 2000 HRiv RR Ist m. 1013¢ 1000 do loz 1000 Har R tg OM 6000 11 Cen RR b'ds. 89% 2000 La C&MIg bis 15 1000 L E&W Ist mb 65 4000 Cha&Rk Ish bds. Ob 9 shsBk of America 110 6 Continental Bank. 100 50 Cumb Coal pref,. 18% 800 Cleve & .. Dae 50 Pacific M SSCo.830 794¢ 60 Chi & RkI RR.s60, 68 2 500 do. + O8i¢ 50 60 6594 100 6826 325 6856 400 886 7a a0 8836 500 . 68% 100 8876 150 60 50 08% BOARD, 200 shs N Y Cen RR.. se m 150 dO... «+ Sa Fee ee en Harlem RR pr.s30 38 20000 do.....-b80, 843K Reading RR.. 45 25000 do ves. S44 50 Mich Cen RR. 46 1000 Erie RR letmb 85 50 TN Con RR....... 674g joo do2dmbex 73 100Gal&ChicRR DOO 75 b0 shs Pacific MSSCo 7! 100 do. b80 75 6 Mil & Miss RR.., 63g 50 do. . 4% TBO ¥ Cen RR..b9O 821g _b0 do. . 8 450 do. . $2 100Clove& TOLRRslO 24 100 do. 800 Chic&RkIs RR sl0 6814 50 do. 200 do, «8b 6835 750 do 500 do, 60 6836 5 New York City Banks, Sept. 26, 1959. America : r870 134,400. 3,084,008 America 1,850 219;408. 3,608,538 Atlant, 45,718 73,161 ' 186,112 roadway J61d 202,888 1,704,446 Butchers’, Butchers: 197,122 170,703 1,146,886 53,685 102,464 329,850 875 626 — 1,497,260 00,858 300,907 2/00/19 633" 1/975 5/533,600 Corts Exchan; 400,515 119, Continental... 489,357 aol 1,708 0e 172,601 1,738,066 209,603 "804;8657 141,883 267,962 83,963 Commonwealth Dry Dock. Fast River 593 73,336 390,61) 940 92,605 204,075 N.Y. Exchauge, 2,821 108,826 291,67& Nassau. 226,979 127,224 865,723 2221490 75,859 804,807 boo 381218 2,881;Toa 695,31 3, , 285,932 113/383 "979,080 $1,034 108,683 368,236 479,328 137/304 1,628,823 918,574 023. 3,270,023 217,973 122,708 += 882,406 Peoples’ . 120;598 118454 468,782 Republic......+- 8 871,848 212,072 2,504,608 Seventh Ward 197,433 223,417, "623, State 598,790 221,724" 1,834,348 St. 165,262 “96,756 "590/208 Shoe & Leather,. 2,746,557 409,158 94,432 1,956,00€ Tradesmen’s 1488/222 127,624 924,463 '657,575 + 2)768,921+ 338,613 192,626 1,709,773 Total....... $119,387 320 20,660,436 8,357,206 72,730,599 CITY COMMERCIAL REPORT. Moxpay, Sept. 26—6 P. M. Asues.—The market was quiet, with small sales of pote at 534c., while pearls were nominal at 544. Breapercrrs.—Flour—The market was very active, both for the Eastward and British provinces. of last week, combined with the foreign news, tended to augment the demand and to enhance prices for many des- criptions, which closed at an advance of 0c. to 15c. per bbl. The transactions embraced about 26,500 bbls. , clos- ing within the range of following quotations :-— Sound old and new superfine State........$4 40 a $4 50 Extra State from old and new wheat, 460 415 Old and superfine Western, 450 460 Old and new common to choi . 475 6 40 Extra Genesee... Te 540 a 7% Mixed to straight Southern, 1505 a 540 Straight to good extra do. . 550 700 Choice extra family and bakers’ brands... 7.00 a 8 50 Rye flour...... a oteecam cic 375 a 440 Cornmeal, Jersey and Brandywine. 380 a4 2 Canadian flour was firm, with sales of 400 a 500 bbls. al $5 25 a $6 25. Southern flour was also firmer, with sales of about 2,800 bbis., closiug within the range of the above quotations. Cornmeal was firmer; especially for Bran~ dy wine; Jersey meal was also firmer, and the demand fair. Wheat—Holders of good to prime lots of new were quite firm in their views, while the demand was fair, and the sales footed up about 34,000 bushels, including white West- ern at $1 25 a $138, white Canadian at $1 22, red Ken- tucky at $1 20, Milwaukee club at $1, Iowa spring at $1 05, and red Southern at $118. Corn was quiet bat firm); held at 98c. a 0314c. for Western mixed, and round yely low at 95c. Rye was quiet, with a sale of 400 bushels at Sle. a 82c. Barley was quiet and nominal, Oats were firm at 4lc. a 443¢c.; new do, at 42c. a d4c., and for good Canadian 45c. was asked. Corree.—The market was steady, with sales of 600 bags Rio at 14,0. all 3c., 1,700 do. St. Domingo at p. t., sup- posed to have been at 113¢c., and acargo comprising 1,300 a 1,400 bags Laguyara at p. t., and 200 mats Jaya at 151¢c. Cortox.—The cotton market was not materially affected by the news, while the sales embraced about 600 bales om the basis of the following quotations: — Middling.. mx Middling fair. 125¢ ¥ ag 13% 4 uTs.—Rates were generally sustained, but not ac- tive. To Liverpool 300 bales of cotton were taken at 7-32d. a 14d., 200 boxes cheese at 25s., and 50 spirits at 48, To London 1,000 bbls. flour were engaged at 98. 3d., and 6,000 bushels wheat at p. t. ToBremen 600 boxes cheese were engaged at 40s., 500 bales tobacco at $1,170 cases Florida do. at 85s. per ton measurement, 50 tons measure- ment goods at 40s., 10,000 ibs. bone at 34c. To Hamburg 100 bales cotton by steamer at c. FRcrr.—1,000 cases preserved ginger were sold at p. t. ons The sales embraced about 500 a 600 bales at c. & 70. . Hors.—New were steady, with sales at 12c. a 16c., and of prime to choice at 18c., and 7c. a llc. for those of 1858. sae of 80 tons Scotch pig were made at $2; , a $23. Provisions.—Pork—The market opened firm and tole- rably active, but closed tamely at quotations. The sales embraced about 1,200 bbls., including mess at $15 90 $16, clear at $17 50, prime at $10 75 a $10 80. Beef was heavy, and sales confined to about 150 bbis., in; cluding country prime at $4 50 a $4 6244, country mes. at $5 25 a $5 50, repacked mess at $6 502 $8 50. Cu meats were firm at 7%c. for shoulders, and at 9c. for hams, with limited sal Lard was inactive, with sales of about 200 bbis. and tierces at 10Xc. allige, Butter was frm, with fair sales at 1c. a17¢., and State at l4c. a 2c. Rick was quiet at 3340. a 4c. Srices.—50 cases nutmegs were-sold at p. t. SvGars.—The market firm, and an advance of about yc. on last wee sales was sustained. Tho transactions embraced about 400 a 600 hhds. Cuba musco- vado at 53c. a 6Xe., including a small lot of Porto Rico at 67%¢., and 500 boxes, all except 100, was sold at 64{c., and jhe rest at p. t. Wuiskty.—The sales embraced 250 bbls. at 26, PERSONAL. ©.—LET MOTHER A KNOW HOW YOU ARE AS © s00n a8 possible. K. If ever in need, draw on me. APS, PERSON WHO CAN GIVE INFORMATION about the whereabouts of an old German, of the name of Frederick A. Thilo, will confer a favor by addressing Carb Nordhaus, box 676 N. Y. Post oflice. BF ~DERARTURE BEFORE 6TH INST., FOUND, COR- je rect; all received ip perfect order; even more than ex- pected. Exquisite, with taste; was additional inclosure meant as surmised? Will always be guided accordingly. Hope the same. Why no number? Will I hear againt L. 6TH OF MAY. OR ADOPTION—A FINE HEALTHY MALE CHILD, about three weeks old, For partienlars inquire of 8. H. Smith, 12 Centre street, corner of Chambers. F THE WIFE OR SON OF THE LATE GEO. SON (refrigerator manufacturer) will send to the Herald office, they will hear of something to their advan- tage. Address J. M. 8., Herald office. Pie SMITH, OF NEW YORK, IS REQUESTED TO meet Samuel Brown at the Gaieties, 600 Broadway, on the occasion ofthe benefit of Miss Nelly Huntley, this Tuesday evening, Sept, 27. M*’ B. BURTAN WILL PLEASE TO CALL AT THE Shakespere Hotel, as soon as possible. ILLIAM CUBBIDGE.—IF WILLIAM CUBBIDGE, formerly of Wickham, Berks, England, who left England about the year 1890, be still jivin orany of his children, he or they may ly hear of jsomet ed. The ing to their advantage by ap- ply! w » said William Cubbidge resided at various times at Mexico, Vera Cruz and New York. Tha names of the children were unknown, The rior description of paper machine, ig believed to be still in nse in America. (H. J. WOOD, No, 9 Warnford court, Throgmorton street, London, England, SPORTING. MTPRE GRAND INTERNATIONAL | ORICKET MATCH Detween eleven selected players of Old England and twe: two of the United States, will take place on the St Georce mound, en, on Monday, October 3, 1889, and following: v8. Subscription and match ticketa may be purchased of the committee or at the pal hotels, and on the days of play, At the western entrance to the ground. id wie understanding that ie Buyer zublst to the sold wi w ing that the buyer Tigh will be printed and posted mulch oa pees: wa ‘con= spicuously on the ground. As no tickets will be sold at the eastern entrance, near the yacht club house, persons provided with tickets are advised to enter that way. ‘An ample police force will be in attendance to order. Subseription tickets admitting bearer and ladies for tho match, for whom enecia! accommodations wAl be pro ‘5 Match tickets admitting one person for the match. 100 Single admission tickets to the ground.......+++..+6 030 ITTER., J.C, Wells, 128 Broadway. J. T. Walker, $2 Broad street. ‘NH. Gibbs, 1 William street. C. Vinten, 100 Nassan street. #! Lamontagne, 1 William st. H. J. Ford, 40 Beaver street. H. Sharp. M6 Sixth avenue. —_R. Waller, 88 Cedar street. R. Bage, 34 Wall sireet. B. B. Tilt, 287 Broadway. —_——_— REAT 10 RAT MATCH.—THE SOUTH BROOKLYN i 1 mio trial,match. Also a great bandi rat match will come oft fora hat ime pei, trcome off at HARRY JENNINGS: 22 White street, on Wednesday evening, Sept 28, at 8 0’ Tickets 25 cents. a nr SE ati O_o RANCIS BUTLER. NO. 3 PECK SLIP, HAS ALL THR choice breeds of dogs for sale and stock. Butler's infallt ble mange cure and fisa exterminator, 0 centa per bottle- Butler's sipeork on the Dog, $1. Dogs boarded, trained, ac. ON’ ‘RANCAISE.—ON DEMANDE. U)} BONNB B frat Sadresser au No. 54’ ttre 1 Zheures. Yate Ware asl tau Peo ft aus m qui fate, " Amé ‘adi Rox 1561 Post office, . Yo On ant galaire et . N DEMANDE—UNE BONNE FRANCAISE POUR solgner ‘exigera les meilleurs Svadresser ar Nona Week oh ‘st,, vis-a-vis de I’église blanche. DEMANDE—UNE FILLE, FRANCAISE POUR, OX DEMANDE_UNE £01 tions.” 8’ ‘bine et N e de udreaner au 69 West Bie rue, entre la XCAISE, PARLANT BIEN SA LANGU! Ness faitement le soin des enfants, ¢ acer dans une famille americaine; elle sait coudre vadreaser au No. 113 Ouest ame rue, de 10 a3 deux jours, 1 raind . /