The New York Herald Newspaper, May 26, 1865, Page 5

ES THE LEADERS. WSTICE AFTER THE TRAITORS. Jeff. Davis Indicted for Treason. 'dis Trial to Commence as Soon as the Witnesses Can be Summoned. (MPORTANT ARRESTS IN VIRGINIA. ‘Seddon and Campbell, of the Late Rebel War Office, in Close Custody. Ex-Governor Letcher, of Vir- sinia, Caught. “The Rebel Governor Smith Pursued. ‘GENERAL LEE TO BE ARRESTED. Jeff. Davis’ Incarceration in Fortress Monroe. ‘Bis Guards Forbidden to Address Him on Any Subject Whatever. “STEPHENS ke. IN FORT WARREN, &c., &c. Indictment of Jeff. Davis for Treason. ‘Wasninaton, May 25, 1865. ‘The Grand Jury of this District has found a true bill ~ Of indictment for treason against Jefferson Davis, the ‘chief of the late rebellion. He will be brought here and put upon his trial as soon as the attendance of the ‘Witneases for the prosecution can be procured. Our Richmond Correspondence. Ricnaonp, Va., May 24—A. M. ‘Another scene of excessive consternation took place ast night among the rebels here when the fact was made. ‘known in Richmond that a batch of State criminals and ‘webels had beon arrested by the authorities of the United States government and placed in temporary confinement, ARREST OF JOHN LETCHER, On the day before yesterday ex-Governor John Letcher rebel), of Virginia, was arrested at his residence in this State, and immediately taken to Washington, by way of ‘Staunton, Va. ARREST OF JAMES 4. SEDDON. James A. Seddon, ex-rebel Secretary of ‘War, was ‘arrestod at his home in this State, and, I believe, in this ‘county (Henrico), yesterday, was brought into this city Aast evening, and immediately placed on board the gun- ‘doat whereon R. M. T. Hunter is confined. Seddon was Drought in under an escort of cavalry, and was aston- Ashed at both the time and method of his arrest, He was ‘engaged in cultivating his farm at the moment of his arrest, ARREST OF JUDGE CAMPRELI, Judge John A. Campbell was arrested at his residenee in this city, and, after veporting to Major General Ord, ‘was consigned to the gunboat with the rest. Ho was ‘also surprised at his arrest, expecting immunity by ‘Feason of his interviews with the late President, Major General Weitzel and other distinguished Union gentlo- men and generals. He is now, however, in custedy, from whence he will not soon emerge. ‘EXTRA BILLY SMITH ‘will, no doubt, soon be in the hands of the United States authorities, who are making a stout pursuit of him. GBNERAL Law, This morning, though it isa very early hour when I commit this despatch to the messenger, it is raid and ‘Delieved that General Lee will be in eustody within forty- eight hours. General Lee was in the city so late as @loven o'clock last evening. Ricuwonn, Va., May 23, 1866. At about three o'clock yesterday afternoon “‘all that ‘ts mortal” of Jeff. Davis, late ‘‘so-called President’’ of the “alleged Confederate States” was daly and quietly, ‘Dut offectively, committed to the living tomb pro- pared within the impregnable walls of Fortress Mon- woe, The twenty-second day of May, in the year of our ‘Lord eighteen hundred and sixty-five, may be said to be ‘the day on which all the earthly aspirations of Jef, Davis coased to be a part of the doc- trino of hope or possibility of fulfilment. When ‘tho clang of that heavy lock reverberated against ‘the door which, double bolted and double barred, now separates Jeff, Davis from the gaze of the world and all its amenities, either social, moral or intellectual, he might as well have been consigned to that tomb over ‘whose gate is written those words of consolation to the Mving who survive the dead:— Mors janua vite at. No more will Jeff. Davis be known of the masses of mea. The poet cannot say of him « Those that ran may fight agato, ‘Which he can never do that’s slain. His lifo has been acheat. His last free act was an effort to unsex himself and deceive the world. He keeps rap the character, we may say, in death, and is buried alive. HOW DAVIS TOOK LEAVE OF HI FAMILY. Shortly after two o'clock on the afternoon of the 22d it was announced to Davis that he must prepare to take eave of the Clyde and be transferred om board the steamer 3. 0. Pierce, for the purpose of being conveyed ‘to his dungeon in the fortresz, At the moment of this announcement the scene was solemn beyond description - It was the moment im which the unhappy and miserable ~@aptive was to take leave of his wife and children, to seo ‘them perhaps on earth no more forever; to pronounce in their hearing the parting words, piteous under the melancholy but just circumstances that controlled the ‘hour, ON BOARD TIE PIERCE. After taking leave of his wife and children, Davia and “Clement C. Clay stepped on board the Pierce. The steamer {ro mediatoly proceeded to the wharf adjacent to the for. ‘tress. Tho party at once disembarked and prepared to enter the fortified work under guard. THE ORDER OF PROCESUON INTO THE FORTRESS. The order of the procession guarding Davis on his way sto his prison was as followa:— A small guard, ‘Mr. Davis, quietly led wee commanding officer of the Clement C. ——| Squad-of disceaiod po ~¥ THE CONSIGNMENT TO THE CASEMATR. ‘The prisoners instantly upon their arrival at the fortress ventered the work by the postern gate, and proceeded to ‘the casomates on the right of the water battery fitted up for them. Ten cells had been srranged for the con- venience of the entire party, whore at first it was in- ftended to confine them. In those specially prepared forthom Davis and Clay were duly sbut up. ‘THE APARTMENT OF DAVE. Davis occupies tae rear room of a casomate in which there are two apartments, The windows are heavily ‘barred, and the doors seourely bolted and ironed. Two guards constantly occupy the room with him, while in tbe outer room are constantly stationed a commissioned officer anda guard. «)) cle 9 the duty of seeing “that the accused do: Davis Is not permitted ‘€o speak a word to br) oF \bor ie any one permitted 0 speak a word to 1 i y Ina living tomb. ‘THE APPEARANCE OF Co: STRENGTHS FORTIER, Davis ts said to he eamonly well, Tle ras divtwed dy @ GUI. Gf rob) ear and walked with a firm and elastic stop, and lips somewhat comprossed. His whole demeanor was confident and apparently open. His position and the workings of his heart must, indeod, have made bim feel otherwise. at mow Davie sits alone in his cell, save the two guards, who are Bot permitted to address him on any subject whatever, and it ts understood he will be given no lights, TUE NEWS IN RICHMOND, The consternation in Richmond when it came to be kuown that the old traitor had been finally placed in the indeed great—greater by far than on man named Northrop, of Richmond, who is sald to re- semble him very much, and that by this false persona tion Davis had been enabled to escape. The majority, however, accept the conclusion that ‘the President of the Confederate States’ is @ prisoner of the United States in Fortress Monroe, Jem. Davis’ Disguise—The Reward of his Capters. ‘Wasuwotos, May 25, 1865. Colonel Pritchard, of the Fourth Michigan cavalry, the captor of Jeff. Davis, arrived here to-day, and pre- sented to the War Department the articles of female ap- Parel worn by the fugitive chieftain of the rebels at the moment of his capture. These consisted of a waterproof cloak and shawl. The presentation took place in the Presence of Assistant Secretary of War, T. T. Eckert; Govornor Fenton, of New York; Sevators Foot, of Ver- mont, and Wilson, of Massachusetts; Adjutant General Townsend and Nichols, and others who happened in Seoretary’s reception room at the time. ‘ Colonel Pritchard stated that he did not himself see the redoubtable Jom, in this costume, but was told by his men, and that Mrs. Davis had acknowledged to him that the articles wero worn by Jeff. asa disguise at the mo- ment of his capture, the cloak being worn as a skirt and the shawl drawn, hood fashion, over the head to conceal his features. Under these garments he wore a full suit of drab and cavalry boots, with the pantaloons stuffed in the boots. The cloak was claimed by Mra. Davis, and was worn by her during the voyage to Fortress Monroe. Colonel Pritchard reported that for the first three days after the capture Jeff. appeared downcast and gloomy, ‘but that he then became quite buoyant; that when he was separated from his wife, the latter at first took it very hard, but finally became perfectly quiet, and did not shed a tear; that from the first Mrs. Davis mani- fested a great deal of indignation, was very sarcastic, ‘and embarrassed the captors as much as possible, Mra. Clay, the Colonel stated, was equally defiant, and coun- selled that blood be shed before the articles of which he was tho bearer should be delivered up. The Secretary of War, in the name of the people and of the President, returned thanks to Colonel Pritchard for the gallantry and activity exhibited by him in the Pursuit of the great criminal of the age, remarking that the reward offered for the apprehension of Davis would be distributed to the men who were properly entitled to it, and a medal of honor awarded to each one who partici- pated in the capture. The cloak and shawl are to be forwarded tothe Sol- diers’ Fair at Chicago for exhibition. Colone! Pritchard also presented to the Department the regimental colors of the One Hundred and Fiftieth Penn- sylvania regimout, found among the baggage of Joff. Davis’ party. Governor Letcher a Prisoner in the Old Capitol. Wasuinaton, May 25, 1865. Ex-Governor Letcher, who was captured on Monday at Lexington, Va., by a detachment of Torbert’s cavalry, ‘arrived here to-day on a special steamer, and has been committed to the Old Capital prison. He was dressed in the garb of a farmer at the time of his capture. Colonel Harrison, Jeff. Davis’ private secretary, has ‘also been brought to Washington, and securely lodged in prison. ‘The Press Despatch. Forrress Monnog, May 24, 1866. A steamer sailed from hore this forenoon for Savan- nah under sealed orders, Mrs. Davis, her four children, brother and sister, and ‘Mrs. Clay go to Savannah in the Clyde, as permission for them to proceed North has been refused by the War De- partment, Yosterday afternoon a guard was sent out to the Clyde ‘and searched the steamer and all the baggage and effects of the rebel party remaining on board, A large amount of gold and valuable jewelry, &c., was found in the baggage of the ladies, but with the excep- tion of several important documents, which were found by the guard, everything was left unmolested. Among the many rumors fying about to-day in regard to the confinement of Jeff. Davis has been one to the effect that yesterday afternoon he was manacied, in order to prevent, no doubt, any injury to his guard, should be, as Mrs. Davis remarked, become “‘provoked”’ at the strict surveillance held over him. The strictest regulations respecting persons visiting the fortress are still rigidly enforced by General Miles, the commancer of the post. No person, either offlcer or civilian, is allowed to enter the fortress unless duly Provided with the requisite passes, Alexander H. Stephens and Postmaster Reagan at Fort Warren. Bostor, May 25, 1866. The United States gunboat Tuscarora, from Fortress Monroe, with Alexander H. Stephens and Postmaster Reagan on board, arrived below this port this morning and anchored in the narrows, Tho rebel party will be lodged in Fort Warren to-day. Police Intelligen A PRIZE FIGHT IN THE FOURTH WARD—TRIRTEEN ROUNDS IN FORTY MINUTES—ARREST OF THR PRINCIPALS. Captain Thorne, of the Fourth precinct, received infor- mation about nine o’elock on Wednesday morning that a prize Sight had taken place about three hours previously joa yard im the rear of No. 70 Oliver street, betweon oo Vecenecee English: el twenty-five Poy age, a ‘ugh Joyce, alias ® champion from Treland, Oficers Horbelt and Mune were to pbc ‘pe pone ge possible arrest all the eS ties engaged in It sabsequen all the preliminaries for the contest Cr ete wetaaet with so much secrecy that only afew _— bounty- Jumpers and hangers-on about the hare Soe houses wero aware hem pie men were to oa hostile meeting; and, course, those particu! inter- ested — took care’ that’ the police knew nothing of itin advance. In the morning, at half-past six o'clock, Lis ys and Williams entered the ring and commenced the tight without any unnecessary delay. Thirteen rounds were fought inside ‘both men being terribly punished, and at th of that time they wero separated reached. Probably the of ‘Police’ was raised and frightened them away. ‘8 protracted and tedious search officers Horbelt and Mullen succeeded in arresting Furlong and Williams the following night, and yester- wy the prisoners were taken before Justice Dowling and looked up for examination. The officers are in search of it acomplaint may be preferred against ng a Amo The peiapecrs have followed the en tor 6 ving. TERRIBLE OUTRAGE ON A SCHOOL GIRL. Eliza Jane McKinley, an interesting girl, eight years of age, who attends school in Twenty-third street, near So- @ond avenue, is now hying dangerously {ll at the re- sidence of her No. 170 First avenue, from the effects of & brutal assault committed uj her by Patnck Cooney, employed iter about the school By giving t) 8 few pennies Cooney enticed ber into the cellar of the premises, and there perpetrated the in- famous outrage. Cooney was afierwards arrested by Sei it Petty, of the Righteonth jnct, and Justice with committed him to prison for trial in default of two thousand dollars bail. CHAROR OF FORGERY. A few days ago Mr. Theodore PF, Boll, eashtor of the Pirst National Dank, of Paterson, Wew Jersey, enclowod a chock for $1,027 to Mr. George E. Douglass, doing busi- ‘ness at 19 Beaver street, thisctty. By mistake the letter fell into the hands of G Douglass, 287 East Tenth street, who opened it a dorred his name on the check, after which he di money on it from the u Tt ts alley National Exchange Bank. that Douglass was aware the check was not intended for bim, notwithstand- ing which he appropriated the 9 to his own use. Mr. Douglass, of Beaver street, learning the facta of the case, entered a complaint for forgery against bis name- sake, before Justice Manafeld, and yesterday the accused, Was arrosted by officer Palmer, of the x Market Poltee Court. 6 magistrate committed Douglass to Prison to await an examination. In possession of the Prisoner at the timo of his arrest was found five hundred dollars of the money alleged to have been received on the check in question. ‘ SHOOTING AFFRAY IN EAST HOUSTON STRERT—THE PROPRIETOR OF A SALOON DADLY SHOT—ONR MAN ARRESTED, Two young men entered the lager beer elon of Philip Muller, 74 East Houston Street, yest: and called for drinks. One of the men, Her afternoon nto h only as “Thomas,” wanted to be trusted for the liquor which they had drank: but the saloon keeper refused to comply with the and demanded his money. Thonias declined 1 Z sued, during which r but Tho ’ At thir when ang’ on sme thtor ibe versoual + bomse; to go. NEW YORK HERALD, FRIDAY, MAY 26, 1865. would be inflicted on him, took a club from behind the counter, whereupon Thomas drow a revolver and threat- ened to-shoot; and as Muller was coming from behind py gear — the ball taking effect in his . passing clear through it, inflicting a danger: ous wound. Thomas and his com) slog then “Police!" bei towards the Bowery, but the cry ‘officer Gorman, of the Fourteeuth precinct, heard, started in pursuit, and succeeded in arresting the com: me of Thomas. Tho prisoner was taken to tho ata- house, and gave his name as Thomas Goodwin. Ho is twenty-one years of ace, born in this city, and was formerly a member of the Fortieth (Mozart) ' regiment New York Volunteers. He was committed to await the result of Muller's injuries. ‘Tho police have a minute desoription of the person who fired the pistol, aud aro using Vigorous efforts to arrest him. THE MONROE DOCTRINE. Letter from Mr. Benjamin Rash. TO THE EDITOR OF THE HERALD. Moowr Amv, was Puapetrma, May 23, 1865. ‘Sm—The able and inwy"pating leading article which I bave just read in my yesterday's New Yora Hemaup on this subject, will, I venture to hope, be my excuse for offering to trespass on your columns. ‘You justly speak of] the subject as ‘ono of the most important topics of the time.”” It is unquestionably, and now, “with a monarchy at our doors,” is likely to become far moro so with the Progress of future and not distant events. You have done weil to call public attention to the subject in the way you have, and to discus it with the lights of history. The article makes allusion to the conferences im London, in 1823, between Mr. Canning, the celebrated Foreign Secretary of England, and Mr, Rush, who was atthe same time Minister for the United States; con- ferences which led, ultimately, to President Monroe's Justly celebrated declaration in his message to Congress of that year, While the article gives much information, derived from the documentary history of the period, perhaps more might have been eaid of the course of the United States when tho subject was first broached to ber repre sentative in London by that great and distinguished Britisth statesman. May I ask your permission to say a little more, with a view to remove any possible wrong inference that the Minister of the United States was unduly diffident of his powers on the occasion, and unduly apprehensive of intro- ducing us “into European complication,” in his un- ‘willingness to respond to Mr. Canning’s proposal ? Thave no idea that any such inferenee was intended, bat it might possibly arise with uninformed readers, Mr. Canning’s proposal was, in effect, as you have stated it, to wit:—That tho two Powers—England and the United States—acting through their representatives, should unite in a joint declaration before the world that neither could view the transfer of any portion of the Spanish-American colonies to any other Power (France, for example, or any othor) with indifference. You are right, therefore, in saying that England is committed against any extension of “the system” of any European State to States in this hemisphere. And Jet us hope that England will adbere now to the enlight- ened sentiments of her Foreign Secretary in 1823. But, for the sake of historical accuracy, let us seo how it was that the “joint declaration” fell through, and that it was left to President Monroe to speak “efficiently and effectively,” as you have justly described it, “for the United States alone in his Message.’ That the earlier despatches of the American Minister to his government, throughout the summer of 1823, de- tailing his conferences with Mr. Canning, have come under your observation I should infer from the know- ledge apparent upon the face of the article. But there 4s a despatch from him dated ‘London, Sep- «tember 19, 1823,” wherein the subject is resumed at con- siderable length, to the whole of which it is ible less attention may have been given. This official despatch was led by @ private letter to the President, of somo dated “London, September, 15, 1823.” J copy of Shak aeapaich 38 in Toy poseestl as are co- all his public despatches, together with copies of Seyrien ndence with’ President Monroe at that correspo! period; but by the terms of his will I am not allowed to a oe which has not heretofore had pu The despatch of the 19th September, 1! will be found on 429 of the second volume of “Rush’s Residence at the Court of London,” published in Phila- ee vinta dine bo 8] it remained after all, to remove obstructions in the wa: in re Mr. Canning at the Foreign Office, the day before, at hia Fequest, anda statement of the difficulties placed before him by the Minister of the United States, which would th with the latter against the joint declara- “He (Mr. Canning) said that such a measure was to objection, but asked if he was to understand tl it we replied, the freaien ference. rence "Thad fraaily ta- re formed alse that I had no f me; that I would do so in the name of my government, and consent to its formal pi to the world, un: der all the sanctions and with the present ty ple, seeing that important event come abont, to lend = oe eee ih ite oe By ment’s witl subsequent proval the part whieh T ected.” ry The despatoh is much , but I abstain from fur. ther extracts. It extends 443 of the volume. In the course thus suggested to Mr. Canning, doubt- Jes for reasons which must have sufficient in his Judgment, was not inclined, at that interview, to ac- quiesce, Al it interview = “ re of LOSE Sat who Sees adopted the measure of acknowled; them, and thea he asked whether I could pot pesey unten bes proposals ons promise by England of future acknowledg- ment.” aden 5 pies liar importance o¢ the hae e ect, and w wi sal peg er pry beep mea in which I stood to it, I could Dot feel at liberty to take the ew te meme er foot- oo that of immediate jowledgment by Eng- Mr. Canning continaing 10 dectine to Sccede to thie je joint rough ; and this, 7 regarded as a more strictly accurate: overtures of Mr. Fareed, were high degree con- cil towards and framed with every just. sensibility tothe cee gt le ie I duly mado known . Canning. And it was very sati to part Dhad acted was ” the edect of to recall, in a word, from the President Monroe's tnesmage in quad! So theamers in thore days), “the copies of them, aswell as of my reports of our conferences on the whole sub- ject, arrived at Washin iberations of President Monroe an@ his Cabinet before the meeting of Congress tn December, When the message arrived in London the whole docu- Ment excited great attention. It was upon all tongues, the pross was full of it, I sept ring > ois aer ‘were overjoyed, Xpanish-A securities rose in the stock market, the safety of the now States from all pean coercion was considered as no longer doubtful, “Ib may be inferred that my di when an influence in producing the declarations in President Monroe's mossage. it may also be inferred: thet the moral cer- tainty whieh England derived throu my correspond enee and conferences with her Foreign Srereta ry thas the United States would, in the end, go Rand in band with her ia shielding those new States from European domin: even bad the certainty of sueh a policy in the United States not been oiberwise deducible, must have had its nataral Infaence upon England in strength. ening her in ber line of policy init down towards France wud tho continental Powers.’ i: Hection of sa 0 of these oceur- 4, besides having of which tho jon with pa cial and personal reco!leetions of Mi ning, to genins and brilliant accorapliahments asa states. man of the highest order he has borne pubtic testimony, s Well as from the general Intemet of the subject, I have ied to trespass upom your ey greater dated, apd can only b your respect giv ant, DENSAMIN BUSH, PAYING THE NATIONAL DEBT. Tne Way to do It—Suceess of the Plan— Subeer Received, d&e. MR. HEISER'S SONS LETTER. ‘TO THE KorrOR OF Tam BERALO. Orvice ov Hever A. Hesen's Banners, New Yora, May 24, 1865. Your suggestion in yesterday's Herat thet the na- tlonal debt be paid off by one hundred and fifty thou- sand subscriptions of twenty thousand dollars each meets our entire approval, as being not only patriotic, but im the end a direct saving in the way of taxes. As you put down your name for tho first subscription and take two shares, please put down our name No. 3 for one share of twenty thousand dotiars, We are authorized to take share No. 4 for one of our friends, and are rosponsi- ble for its payment, HENRY A. HEISER'S SONS, 38 Wall street, COMMODORE VANDERBILT AND MR. BONNER'S SUBSCRIPTION. Lepaca Orrick, 90 Berkman Srarer, } New Yoru, May 25, 1865. James Gorpon Sxxxetr, Bag. :— Dear Sm—Cencerning the proposition advocated in your columns for one hundred and fifty thousand per- sons to contribute twenty thousand dollars each for the purpose of at once paying off the national debt, Dhave tosay that, in conversing with Commodore Vanderbilt yesterday, he authorized me to state that he would take twenty-five shares, As you yourself have headed the list for the daily press with two shares, you can put me down, a8 & member of the weekly press, for the same number. Yours, &. ROBERT BONNER. THR CASE OF EX-NAVY AGENT HENDERSON. Waited States Cireult Court. Before Judge Nelson. The Wrdted States vs. Isaac Henderson, Yate Navy Agent. This case was resumed yesterday. The foreman of the jury, whose absence caused an interruption of the proceedings on the previous day, having turned up, and Mr. Clapp having satisfactorily accounted to Judge Nel- son for nia absence, he was directed to take bisseat. ‘The first witness called was ‘Wm. B. Moore, clerk of the Fourth Auditor of the Treasury Department, by Mr. Cushing. Identifies some documents that he had taken there in the Treasury De- partment. Mr. Cushing explained that one of the papers referred to was the receipt for $22,237, on which the indictment was based. Tho witness, on examining the papers, stated them to be the abstract accounts of expenditure of Mr, Hender- son, the defendant, for the quarter ending September 30, 1863, In behalf of the United States it was signed “I, Henderson, Navy Agent.”” Mr. Cushing remarked that he and Mr. Pierrepont had marked a certain portion of the paper with a cross, pumbered thirty-four in the list of items. It read as follows:—‘‘ H. B. Stover, oil, $22,237 80." He then described the classification of the expenditures of the accounts, stating that at the bottom of the column the total amount read $5,370,687 91. He desired the Court to note this fact. Cross-examined by Mr. Pterrepont—Witness had not examined the account which were presented; he found the papers on the file, brought them there and knew nothing more about them. Mr. ‘so, “sale auditor bas charge of the ac- connts of the Navy Agent? Witness—The Fourth Auditor. Mr. Cushing here read a letter of Mr. Henderson, eves ‘his accounts and vouchers to the Navy De- iment PD. T. Marshall examined Wes. Cushing—Was store- keeper inthe Navy Yard in Brooklyn in 1! Witness identified two bills put in. arts objected to the production of tho bills as The: accepting the Witness—It is the usage of the ies memoranda of the goods supplied; du wards made. out; the bills for the two books, the foreman checking the samo; the memo- ‘Bis bandwnting is a bill for oil sent to Key witness ined the manner in which goods were delivered at the Navy Yard. All the accounts and duplicates were then made duplicates wore signed T. 8. F Browne, acting tnapector; 8. DeLosee, of machinery for the navy, and John W. , chief Clerk. The names on the papers were the signatures of these parties. There were two other signatures. Ono was that of Commodore H. Paulding, the other was the signaturo of H. T. Stover. ir. Cushing said that in the triplicates fost put in there was a blank Henderson, signed I. Henderson, and another signed H. T. Stover. Direct cxamination.—Witness—The triplicates of these documents should have been furnished at the samo time of what Lo isl. Yard to have icates are after- Navy who identified it ap wer, were in the The Court remarked that the books so far produced only contained the general records. It desired that the details shi given. By direction of the Court the witness read the follow- pais d de sacar oa , 1, ic oil. Mr. Cushii M4 icles _enumerfted were shij Have here read that the to Key West in September, 1863, on the tetron, uu any personal kmowledge of the Hems? have. Mr. Cusbing, testified that on the the defendant deposited in the sub- fone handed to witness.) This was drawn out om the Assi: Rott oMce, exami i008, 153,202, Shock for $24 207 ‘Treasu of G. A.'Blunt; the signature is Mr. Henderson's; check Ce 1864, put in evidence, for $183,495 21, chock of Henry D. 8 3 z é iE is 2 2 $s Fi it ¥ e Fe 7 i i 3 a E i af 1 ! ! bim from the navy agent Bend gy not Mr. Henderson’s handwriting. ir, Evi reading from the book, ‘was not Mr. Henderson's, and.the contents could not therefore be against the By hag rer 9 vena in whose bi patare = oy the Navy Agent that the omne The Court ruled the ja belt res sition No. 4," Nat $hea.""“"Plense’ turn 7,000 cafe epets ge fF 2 1 i — ‘uD upwards of fe aeons poem jer! ive Mr. Evarts to the as the witness only The Court overruled the ‘Witness prod Mr. Brown, or one of the clerka, ir Coshing sald they proposed to prove that the wi more erpecially requisitions om opes purchase, months of July, ‘Augiist and September, 1963; that monte for these requisitions were sometimes made him and sometimes to his clerk, Mr. Brown; that go to nbow that Eh these short payments, and that Stover having wurred to the deductions de fendant said he would make the sums good to him at another time, and thet @efendans in the meantime cliarged the full aums to his accounts Tho Covrt reiterated the decision that he would take HO evirence ip the Case outside the issue. ‘Tue Court adjourned tii! eleven o'clock this morning, Court CalendareThis Day. oUIT. Part t—short Cayson— Noa 13 Dusne street— Now 1618, 1686, 104, ik, 1744, 1460, 1809, 140 1148) 1404) LTH, B12, 120k, Bad, 18s Heyy, THE FIRE DEPARTMENT CONTBOVERST. The Now Law Declased Unecomstitae Gonsl—Brovklyn the Stumbling-Block- SUPREMB COURT—-OENERAL THM. Before Judgye Ingraham, Clerke aad Barnard. May %.—The People os. Chas, © Pinckney and others. —Ie this case judgment had previously been en- tered for the Commissioners of the Paid Piro Depart- ment by Judge Foster, at special term. The counsel for the people appealed to the Supreme Court, geweral term, where the legal question involved in the case—namoly, the constitutionality of the law—was fully argued, and u report thereof published in the Herato. This moruing the Court rendered @ decision im the matter, reversing the judgment of the lower coart, on the ground that the law was unconstitutional. The opimion of the Court was rendered by Judge Ingrabam, who gead as follows:— This ing is Drought to temt the validity of the act of the Legislature, passed at tho last session, to create a ig tg fire district and establish a fire depart- ment, The first section provides for uniting the citics of Brooklyn und New York in a metropolitan fire dis- uict. The twenty-third section provides for a report to the ature by the Commissioners, and they are to state what further legisiation may be necessary for the better protection of New York and Brooklyn against fires, and requires the Chicf Engineer of the Fire Department in Brooklyn to report annually to the Commissioners on the same subject. And the twenty-Afth section provides means by which either city may receive’ assistance from the other in oase of fires which in rs 8 & greater force than the oy, to extinguish it} the expense of which, in either case, was to be paid by the city receiv- ing aid. All the rest of the act embraces and relates exclusively to the ety of Now York. It confers no power ercise any authority in Brooklyn, it gives no control the firemen, engines or engine bouses of Brooklyn, and in no manner interferes the Fire De- partment in that city, but leaves it as independent of tho Commissioners as it was before the act was passed; while, on the other band, it the entire department in the city of New York, with all its engines, engine houses and apparatus, ‘and the power of appointing the whole body of the firemen and officers connected with the depart- ment, under the control of the Commissioners. It gives to the Commissioners power to dispose of and soll any portion of the real estate and apparatus at their pleasure, and to pay the proceeds into the treasury; and, lastly, it imposes on the city of New York the obligation of rais- ing by tax @ sum of money sufficient to pay all the expenses of the departinent in all its branches of expenditure. The Comptroller of the city of New York is to pt” such moneys to the State Treasurer for ye ~Commissioners, to be disbursed by them at thoir pleasure; and until the tax is raised the Comptroller is to borrow the sums necessary therefor. No one can hesitate for ® moment in examining this law, in the conclusion that it is a law for the management of the Fire Department of the city of New York exclusively, were it not for the provision in the first section which establishes a metropolitan dis- trict. for the cities of New York and Brooklyn. In all other respects it leaves Brooklyn unaffected by its provisions, It confers no authority over the department of Brooklyn; {t imposes no liability no control, and that city is chargeable with n pense. It seoms to me, there- fore, that the law cannot be considered as being any other than a local law, intended solely to affect and control the Fire Department of the city of New York—and as coming within the class referred to by Judge Denio, in The People vs. Draper (15 New York Re; $32), when he says:—“It the provisions of the statute had been limited terntorially to the city of New York, it would be in con- flict with the section of the constitution so often refer- red to,” Under that statute, however, the control bf the police and the expenses of tho establishment were chargeable bee the other counties as well as upon the city of New York, and for those reasons it was consid- ered as embracing a larger district than the city and county of New York, and that it was thereby taken out of the provisions of the constitution before referred to. The other ground on which the law is sought to be up- held is that these offices were unknown at the adoption of the constitution, and therefore aro offices ci law after the constitution was formed, and may be ap- Pointed in such manner as the Legisiiture may direct. in the examination I have been ablo to give this statute Ihave been unable to discover any power or authority vested in these Commissioners in. regard to the Fire De- partment of New York which has not been fora long period of years executed by one or more de- ents of the city government, and I do not think the separation of the duties of an officer into two or more offices, or the aggrega- tion of the duties of several offices into one, and conferring those duties on the same person can relieve the case from the prohibition of the constitution. This was so held in regard to the division of an office, in War- ner v. The People (2 Denio, 272), where it was said by Judge Bronson:—“‘If the office may be divided and the Guth anignes totwe both must be chosen b; lectors of the county. other rule will give effect to the constitution.” And the Chancellor, in the same case, said:—‘'When the Legislature takes from the constitutional officer the substance of the office, and transfers it to another, who is to be appointed in a ferent manner, {t is an infringement upon the constitu. tional mode of appointment.’ such duties in one person, when they had been per- formed by several, Chief Justice Denio says:—It is not Fg, Seypl genes pr ake iheg the provisions of this sec- tion tl tho names of effices existing when the consti- tution was adopted are afterwards changed by an act of the inctions are colorably or that their fui ified. ‘The constitution regards substance, and not mere form;” and after stating that these duties which w conferred on the — ge esate aoe ed previously by various officers, wi 0 adass—"tt the case stepped here we should be compelled to hold that the Commis- sioners were not entitled to execute the official func- the Ia been held were city officers, he tions which the previous laws-committed to the Mayor, ia to the firemen to be employed by the Commis- sioners, the law prescribes no change their employment. The old members of the de; mens are retained under the control of the Comm! ers, subject to be dismissed by the Commissioners at their pleasure, and there is in the law no specific direction for any payment to the men to bo empioyed in the new de- partment, nor anything to show any change in this re- spect to be necessary. These considerations naturally jead to the conclusion that the act is local and solely ap- [oepeend to the city of New York; that the duties by this ww conferred upon the Commissioners were heretofore med by the public authorities of the city of New ‘ork, the clty government, and that no other antbority is con- ferred by this act upon the officers created thereby than was heretofore exercised by different officers of the city government. The judgment should be reversed, and judg ‘ment ordered for the plaintiff. Judge Barnard concurred. Sailing of the China for Boston. Hauwax, May 26, 1806, ‘The steamship China satled for Boston at eight o'clock ‘this (Thursday) morning, where she will be due to-mor- row (Friday) evening. Arrival ef the Merav at Quebec. Quenec, May 25, 1865. The steamshtp Moravian, from Liverpool the 11th, via Londonderry the 12th instant, bas arrived. She passed Cape Race on Sunday morning, the 2ist instant, and Tanded her despatches; but, owing to heavy storms be- yond Halifax, the Hine has not been in working order. Subsequent advices anticipate the Moravian’s pews News from Barbades. By the arrival of the beig Eastern Star, Captain Ward, we havo dates from Barbedos to the 13th inst. At the reception'of the news of the assassination of President Lincoln in Bridgetown the greatest sorrow and indigna- tion were shown by the tahabitants, Letters of condo- lence were received by the American consul from his Excellency the Governor and General Brooks, command. tng her Majesty’s forces on the island. By the command of the authorities, her Britich Majesty's gunboat Steady fired minute guns corresponding to the years of the life of the late President. On tho morning of tho Ist instant the flags of the shippimg in the harbor, signal stations through the island, Government House, &c., were kept at half mast throughout the day. The office of the American consul, 5. Knight Sperry, Esq., was appro- priately draped in mourning. . Williams’ rg City News. Sannarn Sonoo. Juninse—The Sabbath schoods of Brooklyn, BK D:, held their annual celebration yestor- day afternoon. They marched in procession to a large area of ground bounded by Harrison and Marcy- avenues, South Fifth street Methodint brilliant spectacle as ‘school army presemtcd mareballed ‘te thousands upon the fietd, with Deautiful banners. As soon as the exercises were concluded the ehildren returned to their respective sehool where refresbranhte wore provided, consisting ¢ wavely of cake, ee y weather wns deli ge Ey the children their Pty Gmasingly. the evening » was held jo the Ninth street Congregat charch, whica we by Rev. Messrs. Taylor: Bacon. Balwer Lytton ys that ao Refined ree. may Cy 4 known v7, r] bp ess, r patrooize PHALON'S “NIGHT.BLOOMING ; oF 08." Tw purty, nese wot commend it, | to all persons of poetic laste and feeiing. ery where, a ‘ ba ° . . ADY MADR CLOTHING, IRA PEREGO & BONS IN THE PIRLD. Mersin. old and well kmown dealora In ée ectipion, of Gentlemen's Famuabing Goode, Tenident and transient publi that they have added to their business @ department for of Clothing, and have prepared and are now a rel arsorted stock edapled to.the present esson, just mate th the latest and most faablonable styles, consuting in Ui Fine Drest Suite, Ewney Buetnesy Suita, Plain Business Suits, Walking Com inchs, Paglia? Sacks, Sacktors, Jacquettes, ‘Scotch and other Oassiweres, Linena, Ao, &e. R A A FULL LINE OF DUSTERS, &0., dc. And as to the union of Recorder and City Juége.” It is proper also to add that regard as to the mode of under one er more of the different departments of nel Sind PANTY AND. VESTS TO MATCH. 5 THE WEEKLY HERALD. The Cheapest Newspaper and Best Lite- rary Family J: 1 im the Country. The Wasacy Hearao, for the present week, now ready, yntatngs :— “ull Details of the Arrest of Jeff. Davis and the band fugees accompanying him, with the incidents thas \d at the time of the arrest, om the journey and he time of his arrival at and confinement im ‘ouroe; Full account of the great Military Re- hington, in whick nearly Two Hundred Thou- Soldiers of the Republic participated; Re- timony given in the case of the Conspira- vt on trial at Washington; Im- vuce from Alabama, and grati- the Union Forces in all ‘n; The important Proclamation of ning all Southern Ports to Forelga: of & oocur®. up to & Portrese’ view at Wim gand Voterim port of the Ta tors at pres portant — intetitin fying Nowa fir Portions of the Uitte President Johnson OM =r tecay: ‘Tho latest accounts of Trade, Breopting thom = pam Sionowall; Importaas the Movements of tho"Ha | parts of the World; Poetry; News front Europe am@’@ Or ine war, written for the A highly Tnteresting tors“ atictam;” Literary, As Weruuy Heracd, entitled’ *. | eatri istic and Sciomtin: reading; & el: ong. hese Re o reatinlts \telligence; Interesting view for the week; Religiéul® Teading mater’ for Farmers ani, Sporting lotelligence; Current en ties; Facetim; Vatuable Reviews of. cial, Dry Goods, Bdot and Shoo; Cattte, Markets, and accowmts of all intérew wook. ardeners; The latest "sof the Day; Varie- he Money, Commer- Horse and Family ing events of the ‘Ter“s.—Single subscription, Tin * pe ig Five copies, $8; Tem copies, $15. Single \naenad Ge cents each. A limited ‘number of advemm sorted in the Wesxiy Herat. A. L-Now Ready. THE CATHOLIC WORLD* FOR JUNE, ure = 4 Contents—The Workings of the Holy Spirit in tite of Engiand; A Russian Religious; The: siblan ‘Sketet; % rial and Royal Authors; Hist f = Blind’ Deaf’ Twilight in the North; ‘A Night in a Glacier; Con: 4 Sherwood; French Cochin China; Consawi’a” Mem Hymn by Mary Queen of ; Many Years Agout : field; A Lost Chapter of Chureh History Recovered; lany—Art; New Publications. a year in advance. Single cents. yaiirens The Catholic World, No, Beckman street, New" ork. ‘The trade supplied by the American News Company. A—Datley’s Magical Pain Extracter cures Rheumatism and Piles. Depot 43 Liberty street, N. ¥_ vourth boiled, Address. to. Smokers.—Pollak & Meerschaum Manufacturers, 692 Broadway, near street. Pipes and Cigar Holders at retail, cut to order, mounted with silver and repaired. Ask for Mrs. 8S. A. Allen’s World's Hair RESTORER AND DRESSING.—They act upon the reots, producing rapid growth and new life. Ask Newsmen for June No. of Phreno- LOGICAL JOURNAL, 20 cents, Address FOWLER &* WELLS, 389 Broadwa; A.—“White’s Patent Lever Truss” Cures Ruplure radically. (No pressure on the back. Light, close hatin tl GREGORY & CO., 609 Broadway. A.—Im tant to Soldiers.—Gents’ All’ Bee) Suits, $18; Boys’ All Wool Suits, $9, at I. V. BRO- Al . W's, 34 Fourth aven Attention, Soldiers and Others.—At No. 8 Park row, opposite the Astor House, a wholesae stock of Men's Furnishing Goods, at retail, cheap. Best Shirts, $0e~ dozen. Barry’s Tricopherous, for the Skin and! Hiair.—Patronized by the principal families in Europe America. This exclfent article is admitted to be the ard preparation for all purposes connected with the hair, prevents its falling off, eradicates scurf, dand .al 16 ruff, re it in the most’ beautiful condition: Its habitual use renders the use of oil, uite superfiious. | 86) ety tot ti, i , 17 Queen ati Jersey, a 9 Peay, onda: “Jones & Go., 23 Boulevard des Ci eins, Paris; Birch & Co., No.1 Molesworth street, Dublin; Antot strasse N¢ rb Gotteelf Voss, Ham- (0, 7, Ha street, Guernse; janry, Hi eg Ry og ong ey phy Sap a Watson, Prince Edward's ypatead, a. A , Brazil; Neoss &'Co., austra- ai™iinrboin Ware Gres Mente! Kennedy Saint. Wel nepal ‘other, 314 Pear street, Now York, and by ali drag He ed ma Batchelor’s Hair Dye—The Best in the world. Harmless, reliable, instantaneous, The only porfes Gye. Factory t Harclay sireet, : er line, to which we row the attention of examine our goods before purchasing elsew WEIL & BRAUNSDORF, ‘warrant ¥, 125 and 127 Rivington st., between Norfolk an and 127 Rivington a ‘The Belt Railroad passes within two blocks Chevalier’s Life fo £2, hair to inal color, stops dreaine, "taki on the arg sores ont a), ay aa Broadway. Awa A. CHEVALIER, M. Senne caseantts Hay Fev: paratipad ‘XOSE AND THROAT radically cure eat GERMAN HRILMITTEL. For sale by HEGEMAN B'COr wot all other dragdiata, vy ME OEMAS BARNES & CO. , 21 Park row, Wholesale Agents. City Ladies, and Ladies Visiting the gy, bay your Boots and Shoes at MILLER & O0.'8, 967 Canal Dye, Preservative holesale and retail, No. 6 Astor Housm SARATOGA SPRINGR, guests on June 1. LELAND, Proprictor. will bo opened for the recepti ion of LES E. Corns, Bunions, Enlarged Joints, an@ fil diseases of the feet, cured by Dr ZACHARIB, 708 roadway. Medicated Soap Cures Ei , Tao and all blemishes. }, wad druggists. Mailed, 75 cents. Baker's Highest Sigyens ieee Stitch Sewing Machines. 496 Bs of Lf of ee and " the prices will pot slarm reg 7 °GRNIN'S, 83 Broadway. mium Leek Stiteh Sewing Machive ee Fale Mocnne. a ae Only Perfeet Hoyt’s Mtawa:' restorati alt oul] a end relia Bio. "No 10 Unversity place wrt, Boe Raa gaanact. Wt herp aaine gar soe yt wns , 416 sondoras. ona ner. below Canal street. Legal Lettery. Prizes a, ere J BR CLAYTON. ia wall stseat, New Tork. “Marthe Washington” Haiz Restorer— _ ‘gray and faded hair to its origs- et, resto ie color, remowes dandruff rf; iow dresni Bea wortanted “CR. GHIZUENTON,S Sieh wonue, Shipping T: ee yicteee: Mavunte Mrs. 8. A. Allen orla’s Hair Re- STORER AND DRES&ING.—The people appresiate them 1 mt Medical Diseovery— To the Ladies: ANDREWS, M D., late Professor ia Penn Medical University, Patiadelphia, makes mapeciality im curing the failing of (he womb in twenty-four bears, without pain, male or f hy ict SaMiverat terme. Miourefaem 8Wiea. M. Uatce 006 Canal sAroet, Bp stairs. No More Mair or Baldness.—Forty- five years praction, Admes free by De. GRANDJBAN, Astor Old Eyes Made New. A Pamphlet directing how to speedily restore and 5 spectacles. without ald of doctor oF medicite. Rent ‘mall free, on reaeipa of eo = Adcceass E. B. roure, reome Going to the Country will barrore bar use of CASWELL, MACK & ‘Calisaya. Royel Stunt und ail Kinds of pond and niger went and atom & : . a Lotte Paid for Hovene Lot eos ia tala, CO, Bankers, 16 Wall street. Mat of the Season, par excellence, the Intest style intrrduced by KNOX, of Nov corner of Fulton stree Le] opemranee itn, abd although hethen wan bo jon ated Wats By earer's clothes bhy, clean linen Shi'mate inion look ike gentiemai The atyly ta neat sod quite graceful. a shh Cheapest Hater Store vn toe oy hes’ Series ‘99 Canal ‘areet L, BASTET. “Allen's World's Hate RESTORER AND. RESSING for restoring, invigurating ‘and beaut ying the Dair Witteor and Gibbs’ Sewing Machine= Tee J endoubdted!; ‘not fail to A calland ab examination of gar goods Ik Faspecttully tn. ondway. Cr+ as Tea PRuROO WONS, 187 bieoadway. Ce eeciect tee a a a Be You Can See Dr. Sehenck at 0 Weas 4:8 ey * e . ‘Thirveenth street ever afteragan,