The New York Herald Newspaper, July 4, 1865, Page 3

thing tm the last days of the fallen confederacy, mistake. The mistake was discovered—rather an ‘emnbsing one, if those to whom it is told had po share in’ Ponctually at the hour they were ordered, and in the di- ‘Fection of their tnstruotions; but they neglected the \and)-its followers, left most miserably in the lureb. Colonel Preston Johnston was dispatohed after the horses ‘end wagons, and succeeded in overtaking them neqr + daimestown, where he brought thems to whalt. Now the ‘Condition of the weather was such as.rendered the roads ‘<-ihoat impassable.” ‘To have this wagon train retrace its ‘@0urse was, therefore, out of the question. It became a ease in which Mahomet must go to the mouatain, since ‘the mountain would not. come to him. ‘Bat how? Easily, @f coarse, inasmuch as Greensboro. was alive with mules ‘@nd chook full ofiambistances. | Not‘éo easily after a}l, for the whole authority of tis Presidential character was {msoficient; after four hours’ effort, to procure Jefferson Davis, for himself and party, more than three ambu- Mances: Tell it not: im Gath! Iam ashamed ‘to tell it anywhere, and do not yet comprehend the mystery ‘which ‘underiad that fact. Some threw the blame on Johnston, to whose army all these mules, horses and ‘wagous belonged; but, be the blame where it may, it ‘wages much as.could be done by the head of the Con- federate government to procure means of transporting the few-—very few--who were now of his party, I say very few, for, as at Danville, the fugitives grew leas; so ‘et Greensboro they grew also less, and the thousands ‘were reduced to half s dozen. ‘Thanks to the indefatigable efforts. of Mr. Mallory, the ‘three ambulances I mentioned were obtained. General Cooper, seeing the cramped accommodation, grew ve- emently angry, and declared he would not go farther. ‘Mr. Mallory, who was ‘on horseback, soon succeed?d in @oothing the enraged soldier, and he found hims:If at last \seated’by Mr. Benjamin in a wretched ambulance. Reagan, Mallory and Breckinridge, with the members of Bipstaff, &c., accompanted Mr. Davis on horseback, ‘THE AGRESMENT WITH KBERMAN. ‘Beaid it was raining, pouring. A bleaker evening's ‘wide, under circumstances, too, sadly in keeping with the @zenching character of ‘the weather andthe miry quality Of the roads, no equestrian party ever took. We camped im a wood near Jamestown, and hada soaking soldier's ‘Might of it. ‘Next’ morning, for potent reasons, Brckin- ridge, accompanied by'Reagan, returned to Greensboro. (What Jobnston might choose to agree on, in his conven- on with Sherman, was a matter which needed looking into, The terms first submitted were Breckinridge's. ‘These were rejected. They. were the only terms John- mon. was authorized to. make, #0 far.as Mr. Dayis could, give bim authority, The compromise terms afterwards allowed by Breckinridge were not approved at Washing- - on, and, after. waiting two days in the neighborhood of Abe negotiations, Breckinridge consented to permit Gen- , Sat Johnston to do the best he could. As I was with ‘General Breckinridge during this time, and until he re- Geined Mr, Davis a Charlotte, I cannot tell you what oc. @urred in the “Presidential tmp” to Charlotte from Greensboro. ‘THE FAROLED SOLDIERS TAKE POSSESSION OP DAVI8’ TRAIN. Breckinridge, Reagan and myself reached the break a tho railroad at Jamestown ‘on the night of the 19th of April, We here heard the ‘‘end” of the negotiations— Johnson’s surrender. Breckinridge was most eager to get on, and a train from Salisbury was waiting to take us on. Bat soldiers returning from Lee's army had got into it @ay. Roughing it for the night, and taking stock of the @emoralization we were now in constant contact with, ‘we Grazged through till morning, Another appeal to the paroled soldiers, hived like bees all over the cars, ‘was productive of no good. They would go—were much ‘@bliged for his interest in their safety, and not much in his husry or ite importance. We had, to get engineer. for Saltebury. of course, some mistake—s | wereput before him: “It is awful,” was } end looked rather than spoke his horror when the facts all I heaad him say. | About the plainest looking house in Main street was ‘| the temporary residence of the Confederate President. thinking of an inquiry there, It was a Yankee’s house, too—Mr, Bates’, the expreas agent at the place. I was during bis Carolina campaign. And my hostess, a ge- nial North Carolina lady, whose husband was killed in baitle, felt piqued that @ Northerner should enter- tain Jefferson Davis, The choice was his own, and led to no few remarkg) all of a jealous hue. Very likely his treatment in Greensboro had stung Mr. Davis to indiffer- ence on that point. It wag the only reply his friends ‘Buiggested, and not an agreeable one for Charlottonians de- sirous of upholding the generosity of their State, BOW DAVIS TOOK THE. NEWS OF JOHNSTON'S SURRENDER. ’ Mr. Davis was little pleased with the information brought by General Breckinridge, but he resolved: to let events guide him. If Johnston had to surrender his army—for, mind you, Johnston had no right, expressed or implied, to surrender a department, inasmuch as he commanded no department—if he surrendered his army Mr. Davig. resolved to. gather. the fragments of armies around him and find or force his way to the trans-Missis- sippi. A truce was, now in force, and, pending that, he would not move. Wade Hampton came for instructions before the truce expired, and he left Charlotte with the determination not to surrender himself or aman in his command. He waschief of the Confederate cavalry, and the most uncompromising cavalier in all the South. Intense, indeed, must have been h's mortification when, on repairing to his command at | Hillsboro, he found himself and force already surren- dered! It was idle for bim to telegraph for instructions, to deny Johnson’s authority, to impugn the decd that was done, His troopers wore satisfied, and so had he to be, murmur ever 80 much his brave, undaunted spirit, ‘The first positive information received in Chariptte as to Johnston’s surrender came in the form of a telegram to his wife, then staying there, It advised her to remain in Charlotte, and he, paroled, would soon join her. BYACUATING CHARLOITE. Next day, accompanied by a cavulry ercort of about two thousand men, Jefferson Davis, Cabinct and staff, evacuated Charlotte, somewhat undetermined as to a fu- ture course. There had been some semblance of a capi- tal, some show of governmental routine, some pretence of the power he was elected to w'eld, upto this; but now all that was vanished, and thenceforth the Confederate President was a fugitive, with hardly the shadow of ‘anthority, He looked sad, and, indeed, hopeless. Never & word escaped him which betrayed the faintest yielding. The principle ho had contended for was still as dear to him as ever, only the,opportunity to give it honor or stability, or to reflect its features himuelf, was irrevocably gone. He felt himself wnecsted but not unthrened— o'et une autre chose, DAVI8’ TRBASURR. Much has been said, and more supposed, in regard to thee treasure he was carrying off in his traim The Con- federate treasure wae never with him or hip train. It was the Richmond bank specie that was fastened to his train at any time—its custodians deeming that course the safest, The Confederate specie was usually far away from him. It left Charlotte in charge of the midship- men before he arrived there. What became of it finvly I know not, although I know that a portion of it was used to pay off certain troops, and others at various points, from Charlotte to Washington, in Georgia. ‘THE FLIGHT FROM CHARLOTTE As Mr. Davis practically ceased to be a President from the day he evacuated Charlotte, and his course, after that, was an incessant flight, I can quickly tell all I have toadd. From Charlotte the Presidential party, attended by a more imposing escort than yet honored its progress, ‘went to the Catawba river. It was like the sun setting— this array—the expiring glories of a four years’ gallantly maintained power. George Davis had resigned the Attorney Generalship in Charlotte. Mr. Trenholm re- signed the Treasury Sesretaryship on the banks of the Catawba. Not only had “‘the Presidential party” grown “small by degrees and beautifully less,” but the high officials had begun to dwindte away, and the whole party, official and not, was at length reduced to scanty num- into the tender and ride | bers, though {ts escort was at length larze. Judgo Breckinridge sst on the ward, | Reagan was appointed Acting Secretary of the Trea- *& tool chest and Ion a pump. Thus we | sury at the Catawba—about the last executive deed of Passing through Lexington | the flying President. ‘we gave the first news of President Lincoin’s assassina- Delays were now not thought of, and on toward Abbe- FRE COMMENTS ON PRESIDENT LINCOLN’S ASFASSINATION ville, via Yorkville, the party struck, taking fuli soldiers’ allowance of turmoil, and camping all the journey. Only More, by the way, I should mention that when Gene- | intent on pushing to certain points on the Florida coast, 20) Breckinridge heard of that deplorable affair through | onward it went, Rumors of Stoneman, rumors of Wil- Sherman's headquarters he did not credit it. When eenvineed that it was so he was greatly shocked, and FE ‘maueh tliat Mr. Lincoln was murdered as at what might ensue from the outrage. It was takem to inaugurate a fm the contest, whieh they did mot know to be already SPO ax s0CDEa, X ‘Within three miles of Salisbury General Breckinridge’s predictions of danger for the jam of soldiers bad well migh « fatal fulfilment, Wo were passing over a portion of (the track with which Stoneman’s It J ‘was ‘Sobbed’’ into running of the centre cars, gon, rumors even of the ubiquitous Sheridan, occasion- ally sharpened the excitement. The escort for the sake Rote word. Most of those who heard it were hori- | of expedition was shorn of its bulky proportions, and ‘and T only found a few ready to rejoice—not so | by the time we reached Washington in Georgia there were only enough to make a fair fight with a respectable raiding party. OCRAMBLING VOR GOLD. ‘At Washington ‘there was a scramble: for specie, It ‘was determined te give the cavalry some few dollars *| each; they. were impationt, and helped themscives ae soon as they discovered where to get it. Tho result was ee inequitable distribution—many got much, many got nothing; and ‘dust hunters ”’ pieked up @ good deal the cavalry had heen foltowing day—a good deal that was trampled under foot during the contemptible scramble. It was manifest at Washington that the disintegration ‘which had been apparent more or less from the outeet ‘among the Presidential followers had culminated. It ‘was equally clear that Mr. Davis had little to expect from the cowed and trembling people. Except at Chariotie, and there only qualifiedly, he experienced little like A carriage from Salisbury carried us into thattown—s | coraintity since leaving Virginia. North Carolina was town yet smoking with the ravages of cruel war. We | i osuively cold or lukewarm. South Carolina displayed @ity, where a train was expected—a special train—from no marked indications of sympathy; and now in Georgia, and near to the home of Alexander H. Stephens, what could he expect? Obariotte, No train. Soldiers had seized it, and forced His companions all saw how it was, if not how it was ‘the engineer to go back and spare them the fatigue of a march. There was nothing for it but to wait until morn Ing. We did, and.then, after much difficulty, succoeded ‘tm rescuing another “special train,” or, rathor, in obtain- ting room ia it ‘Mr. Davia, who was anxiously awaiting our arrival in Charlotte, amazed at this repeated interruption, sent a Coted special train, with a determined guard of men from General Duke's command. This we met near Concord, end getting into it left the refractory soldiers to their ebances of further transportation. ATTENTION TO DAVIS AT CHARLOTTE, Charlotte, walike Greensboro, had yet some considera. ton for the dying Confederncy. The hospitality of Don. ville was approached, But Charlotte, like Danville, and unlike Greensboro, had hopes of being honored as ‘the capital.’ As was the case in all the Southern towns, trade was nearly altogethor suspended, and a very prom. lasing city bore every symptom of premature decay. It was only fn apd around government depots that one traced plenty, especially in the naval stores, which were thore, as everywhere ole, teeming with evbstantial things ‘hat were new laxturles—brandie¢s, coffe, tea and sugar, othe, candles, mate and sundries ehough to honor a moat extensive miscellaneous grover's establishment. ‘To think, however, of what would become of all thie was had at last to be lavished—no, destroyed. Those in Dan. ‘ville and Greensbore fared no better, and herein Char. fotte the penny wise and pound foolish policy was, per ‘haps, to reproduce feelf with extravagant variations. “Hes—on the other aquandering what, rightly applied, ‘would have at the right moment relieved one and both. 1 @ickened of What I saw i that way all through the coun- ry. Tam led to these remarks on entoring Charlotte be- @ause the stores and their surroundings were the first things to attract my attention there. The next thing was | the accomplice of assessing It wys reserved for his cap~ the military bustle in Masn street, which we soon mixed Mim, All, oF Searly all, moving abou! wore soldiers, #0 coon going to be, The personal safety of cach be- came a question, and each was urged to secure it as ho best ‘cond. Acting on the suggestion, Mr. Mallory quietly loft hie horses in charge of a friend, and boldly ventured himself in a railroad train to Barnett Station, theace on | to Atlanta, where the foderals were in force, That far he wax accompanied by Louis Wigfall, the quondam General and Texas Senator. From Atlanta the Confedcrate Navy Secretary took the West Point irain and successfully was lately captured. BENJAMIN MYSTERIOUFLY DIFATTRARS. knows how or Where. This, the Confederate Presider had Jeft him only one Cabinet officer, and that one the Postmaster General. Tt is trne he was recently made Secretary of the Treasury as well; and felt the im- portance Of the dual responsibility. Now he was the whole Cabinet—Trenbolm and Geo, Davis resign d, Renjanin and Mallory flown away, but “rowing bis own boat,” there was no one but John HR States. President, ite movements were only confided toa few. 80 LONGER RBOORTED. No longor leaning on the least particle of his Presiden. tint dignity—no longer trusting to the hopes of any poli- On the one hand hungry soldiers and famiching fami | tical Micawber—Jefferson Davis started from Washington, ent on finding ® loophole for himseif on the Florida coast. Theece ‘the Lord direct him."’ pletely subdeed, yet lost not an iota of his manliness, no Portion of faith in the rectitude of bis cause, Wo knew nothing as yet of the reward which was, at that very time, flaunted all over the Soith—« teward for him ae ture—for the concentration of sorrows on hie head—the ‘apnougcement of this reward, He was, ho~vver, happily reached Lagrange, where his family were, and where he | Mr. Benjamin disappeared before Washington, no one | Breckintidge near in to answer the Cabinet rofl call of the Confede- ‘The whole party, at this time, consisted, of | Reagan, Latbock, Morrison, Stuart, Wood, and two or these volunteers by the way. Am adjoining party there wae—ote taking the same track, headed by Painful. The stores kopt in Richmond with miserly caro | Preckinridge; but, for reasons best kriown to the ex-Viee He was com- fgnoreat of it I grant you thst nalitior the death of Me. ‘Udticotn ‘nor the doom of ‘his murderers so greatly Greived hima as the deanise of the Confederate States, He theaght much more of Johnston's unauthorised surrender of & department; more of the faintheartedness which had overcome the people; more of what was sacred te him as country and cause, than of all else beside, Thoughts of this sort fretted him fearfully,'and day by day betokened the progress of depressing spirits. Added to all this, came frequent intelligence of lawless sete by soldiers once im the Confederate service. No marration Of these outsages failed to affect him keenly. DAVIS RUSHES TO HIS WIVE’s REQOUR. At last he got information that his own wife and fa- mily were in danger from the assaults of military ma- rauders. Mrs. Davis, with her three children, and ac- companied by her sister, Miss Howell, had a wagon train of her own, about twenty or thirty miles from her hus. band’s party. She was very anxious to go her own way, and be no embarrassment to him. She felt equal to the task of herself from reckless Confederates, and felt sure of avoiding federals, But, no sooner did he ascertain that she was in danger, that two gangs had concocted a scheme to seize all.her trunks under the im- Pression that. she carried the rebel gold, than he resolved, at all:hazards, to go to her rescue. It was a fond husband's, a fond father's infatuation. No remon- strance availed. He set ‘out and rode eighteen miles to meet the object of his love and’ solicitude. He met them, and the first to rebuke bim for his excess of fond- ness was the anxious wife and mother. A tent or two wasalready pitched, and he, weary to exhaustion, went to sleep, intending to retrace his steps before morning. ‘Had he not gone to assure himeelf of his wife’s safety, ‘and had he not been excessively fatigued while there, Colonel Pritchard would be without, the honor of captur- ing him, for nothing was easier than his escape, as Breckinridge and Wood and the writer of this know, and by meeting no interruption themselves have proved. ‘Their immunity might have been his. 8 CAPTORR But Davis ran hig risks and took his chances, fully conscious of imminent danger, yet powerless, from physical weariness, todo all he designed doing against the danger. When the musketry firing was heard in the morning, at “dim gray dawn,” it was supposed to be between the rebel maraudersand Mrs. Davis’ few camp defenders. Under this impression be hurriedly put on his boots and prepared to go out for the purpose of in- terposing, raying:— “They will at least as yet respect me.’ Ashe got'to the tent door thus hastily equipped, and with this good intention of preventing an effusion of blood by. an appeal in the name of @ fading but not wholly faded authority, he saw a few cavalry nde up the road and deploy in front. “Ha, federals |”? was his exclamation. “Then you are captured,” cried Mrs. Davis with emo- tion. In & moment she caught an idea—a woman's idea, and as quickly as women in an emergency execute their de- signs, it was done. He slept in a wrapper—a loose one. It was yet around him. This she fastened ere he was aware of it, and then bidding him adieu urged him to 0 to the spring, a short distance off, where his horses and arms were. Strange as it may seem there was not even a pistol inthe tent. Davis felt that his only course ‘was to reach his horse and arms, and complied. As he ‘was leaving the door, followed by a servant with a water bucket, Miss Howell flung a shawl over his head. There was no time to remove it without exposure and embarrass- ment, and as he had not far to go he ran the chance exactly as it was devised for him. In these two articles consisted the woman’s attire of which so much nonsense has been spoken and written, and under these circum- stances and in this way was Jefferson Davis going forth to perfect his escape. No bonnet, no gown, no petti- ‘coats, no crinoline, no, nothing of all these. And what there was happened to be excusable under ordinary cireumstances, and perfectly natural as things were. But it was too late for any effort to reachhilg® and the Confederate. President was at last a the hands of the United States. ‘What attended his capture you have heard in all forins, and what followed ’it too; but many things remain to be told and corrected touching that and other events germane to it, These, with your permission, I shall take another opportunity of relating. Trinity College Commencement. {From the Hartford ‘Times, Jon. 3).; The anniversary exercises of Trinity College called together a large number of alumni yesierday, who met to revive old recollections and to deliberate upon the best ™method of advancing the interests of the institution. ‘The gratifying success which attended the efforts made under the ‘1863 and direction of Professor Mallory, during the years 164, to place the college on a strong pecuniat foundation, seems to bave inspired the graduates wit fresh zeal and hope for their alma mater. ht o'clock the Athenwum and Parthe- non Societies held their anniversary meetings, numbers of the old graduates making short and point ee. College es were held at half-past nine o'clock, chapel being crowded to overflowin; and many ig unable to gain admittance. Ai terward the procession formed, preceded by t Third United States in‘antry band of twenty-five pieces. It marched down Colicge street, up Main, down across to ‘tum, and by the residence of the Jat: Bis Brownell, which was paseed with heads uncovered. On the return the procession sto) in front of the house, and the band plaved “Auld Tang Syne.” It then pro- ceeded to Allyn Hall, where the usual commencement exercises were held, according to the following pro- gramme: muse. Latin Salutatory—Edward Payson Johna.n, Mase Imagination: Its Office and Power in History —George Albert Coggeshall, R. I. urs. ‘The Benefits of War—Samuel Btevens, N. Y. ‘The Classic Sea—Edmund fanford Clark, Mare. Our Fallen Classmates: A Poem—Kdward P. Johnson, Ute. ‘The Hour—Frank Ralph DeLano, Mase. ‘The Poetry of Scienco—Jobn Henry Brocklesby, Conn. muric. Houty Harrigan Overiy, Penn, ‘The Plain of Strength in the Past; and Valedictory Oration—Charies i wvmtc. Maater's Oration—Rev. James Byron M.;ray, B. A. mi of the be apalyzed. The piccos were ; ered grace. {Two the graduating clase died in members the nervice of the covntry—Edgar B. Lew 1. 6, 1 of cold and Cipeiete, ad Franklin eae pros ab Andersonville, Oct. 7, 1966.) ’ Degrees were then conferred ar follows: — Bachelor of Art—Edward jo naon, bert Ci all, Semuel Stevens, Edm-nd Sanford Clark, Edward P. Johnson, Frank Raiph DeLano, Jobn Henry Brocklesby, Henry Harriton Oberly, Charles Tylor Oim- stead, Melb irne Greene, Charles Husbends, Henry Gardi- ner. Mar'er of Ar —Rev. Edwin F. Butler, Bichard 0. Cow- ling, Rev. Samuel Hermann, Jacob Ivere Lewis, Robert W. linen, James B. Murry, Lieut. W. H. Webster, Wm. H. D. Grannis, Rey. Leighton Coleman, Wee P. Clyde, ‘William Hamrsiey, Rev. J. Leighton McKinn, Union, Pa.; Rev. Geo, 8. Paine, Harvard, Mass. ; Rev. Andrew Mackie, Burlington College; Rev. Henry C. Cleveland, Cambridge. ‘Dociors of Divinily—Rev. Edward Ballard, Me.; Rev. ‘Thomas MeCiure Peters ‘The audience jo'ned in “Old Hundred,” and the Chancel- Jor pronounced the benedi: tic At three o'clock the clumn! sat down to a bountiful @inuer at the Allyn House. Aft he removal of the cloth the remainder of the afternoon till six was devoted to Apeech making, with o-carional music from the band. ‘The trustees are now collecting rib ti for the ddeome chapel and library building, with and also for the endowment omy. The trienda of the esponding beratly to the call, and there ts every prospect that the requirite means will be speedily ra sed, f © System in Londom. 1%) the carps on The Commission {From the London Times. 5 } At amect ng held in the borrecks «came to an end, and gave place to a permanent | ands of a boar ele agreed to carty rules and prin fires ar public—the appearance of the men about our streote Al the entrances of public buildings, a, theatres exhibitions te so well known, aid their ’ rally rocognized—that it is uunecessary, by way of pre face to a report of what took Saturday, to | explain who and what they are. Tt may not, however, b> uninteresting to tefer brivtiy to some of the leading ciretimstances connected with the foundation’ of the corps and With ite organization up to the Flage when it has entered on an acknowledged existence, af, it is to be hoped, @ permanent thetivution, ‘The establishment of the system, commenced between @ix and seven ears ago by @ retired officer of the army, with a view of inaing suitable thant for woonded mon discharged as pensioners the wareervice of the country. He coro- ‘™ with men, the management of whom he undertook himself, His individual ment con- manage’ tinued from that time until Saturday, althougt the num. bor of those over whom his organization extended had in- segit ‘4 § 3 Et i i i Potter.— fendants are ly. indicted: for man- hter fn second , in” kcilting (as charged): the child with which, one E, Strong was quick, 4 the use of instruments 11 to destroy the life | of the child. The indictment counts, di- , sumed (for the moving p the provisional government of the Commis. | & ‘ar ten should bs ito goveruora st the Uonpe of Come i shat regiments wi uaet paperietons | nen present, to five torests; and that the ; ann t of the , and'to ose that the tutes ndamental rujes of the government were carried out. On Saturday the came at the barracks, and, afar come ’ work im committee, assembled in formal meeting and established the inatitu- tion on ite permanent basis. THE STRONG CASE AGAIN. A Motion to Quash the Indictment Against Peter R. Strong Overruled— Opinion of the City Judge. COURT OF GENERAL SESSIONS, * Before Judge Russel. At the opening of the court yesterday morning the. City Judge filed the subjoined opinion im'the case of the People ve. Peter R. Strong, denying the motion to quash the indictment:— contains versified to meet the evidence on the teial, and appears to have been ithe with great skill Kye The de- fendants pleaded ‘not guilty” to the indictinent, and thus raised an issue to the country. The defendant Strong desiring, through his counsel, to @motion to quash, or for other relicf, the District Attorney, with hia usual fairness and Ifberality, consented that he might withdraw his ‘plea and make his motion. Without such a consent he would e had to apply to the court for leave to withdraw bis plea and mak the motion, which application, ander the prac: tice of this court, must have rested upon the strongest grounds, and would by no means have been granted asa matter of course. This liberality of the pro- secuting officer serves to show, in answer to the intima- tions of the counsel for this defendant to the contrary, that ho means to pursue the even tenor of his way im this as in other cases, and that he has no other motive for his official conduct than the performance of public duty, The moving papers are quite voluminous, but the sub- stance of them is this:—That Mary E. Strong is the de- fendant’s wife; that ho has brought an action for di- vorce against her, now pending and ready for trial in the Superior Court of this city; that he desires to bs tried upon this indictment before ‘that trial takes place; that Mrs. Potter (his co-defendant) is witness for him on that trial to repel the charge of adultery broucht aga nst him by his wife, in connection with that female; that this is ‘a malicious proeec.tion against him and his witness, do- signed to aid the defence of the action for divorce; that his wife’s rela have resorted to it with’ that view; that he has demanded of tho District Attorney ‘an immediate trial upon this charge, and that the Dis- trict Attorney has avowed an intention to try Mrs. Pottor first, and, should she be convicted, to use her as State's evid-nce against him. ‘he District Attorney has intro- duced no affidavit. in his own vindication, and very pro- perly, I think, His official oath ought to be regarded as a dental, tinder oath, of all acensations against hit, tin- Jess improper conduct is brought home to him by’ the plainest facts; nothing of the kind appears here. The counsel, who argued against the present motion on tho part of ‘the people, offered the following matters of fact in opposition to the moving papers:—First, that the Dis- trict Attorney had endeavored to bring on the trial of Mrs. Potter, but that it had been postponed by the court, notwithstanding his resistance, for reasons satisfying the practice of the court; and secondly, that this Indictment + Hid not stand in the’ way of the defendant's trying his action for a divorce, as he himsvif considered, tor that since the present motion was uoticed, his counsel ha made a vigorous effort to fore On that trial. | If the Dis- trict Attorney has determined to try Mrs. Potter first, he certainly has been guilty o” no delay towards the defend- ant Strong in that particular. It may be sult to be con- coded that the blame is not his- that sho has not been tried; for the facts relied upon by the prosecution, as to ranch of the poten, ae peeenantradion aoe thigmo- tion. The present application has wwoaspecis: First, as a motion to pss the Indictment; second, should that re- lief be denied, a8. motion to the court to ¢ontrol the public pros cution as to the time of trying the indictment as against the dofendaat Strong. The motion to q ash is urged upon two grounds: First, that the indictinent was found without a previous complaint in_ the police office; second, that there was notsuflicient evidence be‘ore the Grand’ Jury to warrant It. AS to the first of the nds for ths motion (which has submitted as a point in writing by the deferdant’s counsel, and was not distinctly taken upon the argument), thiscourt, so far ax Iam concerned—for Ido not understand that my assoente in this court concurs with me in my judgmonts as to the power of the court over, and fis duty to impose proper restraints upon, grand jor.es—has decided that eriminal complaints ought properly to originate in the police offices; and that where they originate with the Grand Jury, a a general thing, relief will be granted against the Indictment upon motion—unless where the inter crence of that body is requisite t prevent the statute of limitations attach'ng, or where the accus d resides out of the tate, and a requisiion from the Governor has to be issued, to bring hin w thin the juris- diction 0” our courts, From the facts tes:ifiod to befare to q ash een suppl mental the Grand Jury by the midwi'e ntiis case, the present offence ({ \t ever was committed) must have been com- initted before or on March 5, 1862; and from the fat of the Grand Jury ‘finding’ the indict. ment with such deliberation and apparent — r’- Iuctance (for it Was under consideration three r heore. a bill was ordered, as the moving pay thom it is evident that it wo Id hot have been pro mio have pos:poned the submission of the matter to the i dicting body ionger than the laet February term of this court, even though there mich! have Leen some days lett in the March term, during whi b the Grand Jury for that term could have acted upon the comploint, “Hod (his matter been reverved for the Grand Jury of ‘the lost | Narch term of this court, however, the siaiuie of Jinita- tions musi have barred it altog for that term.com- Mi and, allowing for a | my) ing & Grand Jury (which is very frequently the case), the Urree years within: which the indictment must have been found, if at ail, would have been exceeded several days. In speaking of three years frow March 6, 1862, as the period within which the indictment would have to be found, itis aa re state nothing to the con- trary) that the defendant, Stron’, has, al! (hat time, been y resident in this Slate, Or statute requires ah in- dictments (upless in cases of murder) to be ‘ound aud filed in the proper court within three years after the comm:s- sion of the offence, but the t me dur.ng which the de‘en- dant shal! not have been an inhabtant o, or tsually resident within, th esta:e, forms no part of the bmitaton of three years. (3 Rt, 8, Sth bd., 1,017. ec.#7). kven if there had been « few be 4 o the Marh term of the court Ieft for the act.oa of the Grand Jury, upon the prea ent complaint, the defendant, lad he beeu indcted under those circumstances, m ght well have complained that the matte: was offered lo that Lady at so Inte a day as to deprive them of the opportunity for dei berat on. Under the present cireuinetanecs, the complaint was sibmitt dito the ndictin body as late as it should have deen, Fhould it be ea'd Chat it wae the fa tt of the prose- cution that the alleced oflence was not brought to the | knowleige (fthe authorities soouer- th auawer to that fs, that an offe: e@ ix pabl © property, and that the law bas rescrived the time for which the right to prosecute yin bringing it a strong — diverediving — eiveumnstance, rity of the charge, and a very proper 81D. and Jury to be sativfied upon, before th y is in-tance, th c J the serupies reluctance the moving lave «Lara it “nduced theta to make a den twice for evidence. In rela tion tw the se ond gro nd of the jon to quavh, that niticient eviden @ before the grand jery to there was 1 warrant the 1 dicuinent, (ve Court has no doubtis should be overrule’. In saying th 1 do not mean to intimate that there wee enifcient evidence before that body, un explained ard uncontrad c¢ Jusiily the defendont's convict ons, oF to express any judgment upon the ttreng’ ho the evilencs ‘There Was festimony be ore | that body going to the whole case, "bear ng upon eve y essentiol part of the coarge, und | under the constit tion and laws of (his Stae, under their oaths, ite members were to pass the weight #1 d effect of tostim of the coun: for the pro-eeution wy my mind, | and unanswerable, To di-cipline the Grand Jury thing To keep then Vand lawful limite is the dut t when they have teotimony Lhe r oaths im ny they m ba given point, or Ley shrill tastmony before | them, would be (to use th of the counsel or th proverrticn) to oblitera’e or wipe them out ag @ sepe= | rate and ‘1 de pondent Judicial institution, Sach a doc. trve es is ontended for in favor ot this motion, m elfeet would make the Court both the indicting ond trying bods. It is unnecessary t0 refer to the muthor ties vbich Thave examined tn comming to this conelu- | gion. Sine L have brett opon the bench of this court mepy mations of this dereription — lave been mace ind argned before me, and T have uniformly | granted rel ef against the ation a the ind cting body Where it his been onlawful or opprestive, of where tliet ends 6 jretion would be p rverted by Mllowing Kto | stand. The pripeiple of these decis ons did not nflect the fepnrate existence or independence of that body, when weting in the discharge of their We duces. To say to that eh that it must have coupetent lawfil tes Umony before it indicts, OF that it must not interiore with # complaint undergoing examination in a pollo¢ office, or thet requinite number must be present @ Dill Is ordered, or that the thust concur in finding @ bili, otherwise its presentment will be set i very different from saying to it, where it has evidence Lefore it reaching the whole case, the legality of competency of which fe not denied, that it had no right to & certain witness, or that ought to have demanded moré testimony upon a point, and, hence, that its finding shall be vacated, former class of decisions merely annontces to the wherever the law has given ita ralo The latter clase ‘ since the ref vrebort of m cases the Cour oF Senet So senoet eounty—the va. Levy—in which Pp was pronounced by Wheaton, County Jaden upon a motion to quash for want of proof before tl Grants aneT; Of the ennpee myadbirts he desision granting ol the People vn, Rewtonblatt abbott, hc he Grend cannot indict without came how the gommniarion of otencse “Tat u touch the applicati here tes ‘had some evideote as to apne Of the offeace, and under their oaths they were to judge ite we'ght Tn re‘erence to the other branch of the present lication to the Court—to control the Att to the time of trying the indictment epueee defendant Strong—there can be no doubt the power of the Court to interfere, in a proper case, Poy Se ac of a fights the agqased. “ m te, 311), the Court sayy "lk was '& matter’ addromed cose or from ii , motives, or that the unwol an indictment por imnocent Ete delays pny in ‘another person, indicted. game offence of tho benefit of his testimony. . If a case of that kind should be brought to tho knowledge of the Court, 1# cannot be doubted that measures would taken to secure to the persons indicted their a charge of felony) the defends uecntnded sopartas trials, and ‘motion was made in the court below that the Court direct the District piiosnes to try the co-defend- ant of the party, in whose behalf tho motion was made, first, which was refused. The duties of the Disirict At- torney’s office are sufficiently ible and onerous without. being perploxed by any unwarrantable intefer- ence from any quarter. In this county his office is one of very great trust, and {t never has been filled by a gen- tleman more faithful to all its requirements than its pro- gent incumbent, Nothing appears to just:fy the Court in questioning his motives or conduct in any manner, or in withdrawing from him his acknowledged rights over all criminal prosecutions. There is nothing unusual in is course OF management, as exhibited by the moving Papers; and, had the learned counsel for the defendant n more familiar with the powers, duties and usages of that office, than he clatmed to be in his argument, he no doubt would have refrained from the reflections upon the prosecuting officer in which he indulged. The mo- tion ts denied in both aspects of {t, and upon all the Btounds upon which it was urged, and the clerk wiil onter an order to that effect. Police Intelligen: BURGLARS ARRESTED AND COMMITTED FOR TRIAL. About two o'clock on Sunday morning a quantity of liquors and segars were stolen from the premises of Isaac Smith, No. 815 Second avenue, by a gang of burglars who forced an entrance to the place. At a later hour Sergeant Low'ry and Officers Cummings and McIntyre, of the Twenty-first einet, received information that the burzlars were then lurking about the neighborhood, and an immediate search was made for them. The offi- cers eventually sneceeded in arresting four young men, giving thelr names os Grant Barry, Thomas Baldwin, Michael Cunningham and Michael Reylan, who were’ positively identified as. the men who broke into the same place on the night of the 20th of May last. On that occasion two of the burglars seized Mr. Smith, locked the door, extinguished the lights and held him till the house was robbed of such plunder as they could conveniently carry away with them. ‘The accused parties were taken before Justice Kelly, who eommitted them for trial without bail. The Twenty-first precinct police report that the prisoners are members of a desper- ate gang of men who infest that portion of the city, to the terror of all its peaceable citizens, RUNNING AWAY WITH A HORSE AND WAGON, Mr. William H. Ross, of 99 Laurens street, on Sunday afternoon drove a horse attached to a Tight wagon in front of 435 Hudson street, for the purpose of attending afaneral. Soon afterwards John Maloney, a Jad sixteen ‘years of age, and another boy, jumped into the wagon and drove away at a rapid rate, They proceeded to Cen- tral Park, where the wacon was subsequently fond with one of the axletrees broken. At night Officer Bonegan, of the Twenty-eighth precinct, arrested Maloney in Mor- ton street with the stolen hurse in his possession, The ace"sed was taken before Justice Bodge and committed for examination. HOUSE ROBBERS CAVONT IN THE ACT. Catherine Cook, residing at 286 Seventh avenue, yes- terday appeared before Justice Dodge and preferred a complaint against Joseph Johnston, alias James Lynch, and John Jones, charging them with lareny. While Mra, Cook and the other inmates of the house were temporarily absent, Jones and Johnston. entered the houre, broke open a trunk and had packed up two hun- dred dollars’ worth of clothing, with which they were about to decamp when Mrs. Cook returned and surprised them. They attempted to escape, but Officers Sloat and Dwyer, of the Twenty-ninth pree'nct, arrested them. Justice Dodge commitied the accused parties for trial, in @ fant of two thousand five hundred dollars bait each, The prisoners liad in their possession skeleton keys, nippers, and other implements used by burglars. STEALING A ONK HUNDRED DOLLAR TREASURY NOTE. Sergeant Quinn, of tho Sixth precinct, yorterday ar- reeted Ann McCullough, a domestic, thirty-seven years of age, on the charge of having stolen a one hundred dollar United States coupon Treastry note from John Brady, Pay ng No, 186 Cherry street, while they were at a house in Baxter street. Ann confessed her guilt and Jcstice Dowling locked Ler up for trial. A PICKPOCKET CAUGHT IN TI ACT. Yesterday a‘ternoon John Hammer, of No. 130 Green- wich street, while looking at the soldiers cn the Battery, caught Jobn Wilvon, a young Fngtishman, in the abt of picking a fifty doliar Treasury note from his pantaloons pocket. Officer Meade, of the First ward, took Wilson in charge, and Just ce Dowling committed him for trial. ROBBED BY A PROFESSED FRIEND. Francisco Alreary, a young maa hailing from 92 Greene street, was yesterday arraigned before Justice Dowling, ho having been arrested by detective’ Vaughn on achar.¢ of larceny. The complainant, Charles Richias, of 400 Broome street, swears that on the night of the Lith wit, the prisoner, who professed to be his friend, seeom by ‘Margaret Far! street, where hv (Kichias) went to sleep on » lounre. When he awok comp'ainant’é rol and his four doliar hat; but Margaret was asieep in the same room, Aireary kept out of the way tili yesterday, when he was dircovered in Broadwoy with Richiox’ haton head. Justice Vowling committed the prisoner to the ‘Tombs for trial. THE DUANH STRERT ARSON WATSKEY CASE—DE- CISION OF JUSTICE DOWLING. Justice Dowling yesterday rendered his decision in the case of arson ponding againat Jr dah Price, Jolin W. Free. man, Luther N, Fuller and William Findon, who, it will be recoltected, were arrested a short time aco on a charge of setting fire to the prem ses No. 4 Erie building, Ducne street, with an intent to defraud the underwriters. The accused partios were deal re in whiskey, and om Fire Marshal Baker's invertication it was shown thata very great deficiency of stock existed, and large advances of money had been made on whiskey supposed to be In the buildiug, there being also at the time a large amount of insurance DRCTSION. In the within case I bold Judah Pierce and John W, Freeman to answer the comp'sint of arson and fraad, 1 discharge the charge of arson as it appears on the papers agduet Luther W. Fuller and Wiliam. Findon, bat re quire a bond of two thourand five bundred duliars to be iven by the enid William Findon to anewor the charge of frand, a8 proven by the within poperr JuLy 3 1865, JOSEPH DOWLING, Police Justice, The Firemen, LETTER PROM THE FOREMAN OF ENGINE NO. 40, 70 THE HPTOR OF TIE TKR LD, A foul and diszraceful attack having been made non Eng’ne Company No. 40 in the columne of « Sanday paper, under date of July 2, to the effect that our com. pany, im connection with @ Engine and 18 Hook and Ladder, had combined to attack Engine Corpanies 8, 23 | and 44 and bave @ gradd battle at the fret Fifth or Birth district alarm, and that we had armed ourselves for that Parpose, we reepectfully ark the privilere to contradit the rane through your columns. We have not done dety in ‘the Fifth or Sixth district In nine months past. Webave had no vnderstanding or made any combination with the companies aboved named or any ether companies for the | purpoee above mentioned or for any purpose We desire wimpy (odo out duty as Gremen, end molest or interfere with none, We prowounce the whole article that ap: Vearod in the payer in question a bere and tly flanter, fabricated to injure our com to th tion of ‘te New York pablic, In Justice to ve fo invortion of this denial im your valnelte Your ybedi nt rervant, HUGH BONNER, Foreman of Engine Company No. 40. ar esti A Negropholist Abroad, Jantinople Letter m the London Telegraph, June 20.7 A few days since the Americans resident here bad & humiliation eervice'in the chapel of the Dutch Embasey, Several ge ees delivered ey on the OCCa MOT course bavi reference: 1c " i ssc Repect of affulrd in tho United States. The . De. Batalid, who ocenpies a lendiny position amongst the American missionaries in thi nity, was the principal epeakar ter erprensing the atisdotton he ‘in at the i , be overthrow of 5 DT ge ay terms to enforce Reyroms to Re penioanine of Se , and, to the riven annoyance of his countrymen pre ‘wou! D Saying that he. hoped bellre lode to San the Viton proee, Ly re 4 re fo weloome in thie capital a negro tative from wt to the Subli Porte, Whate the Deewlar @pinion of Whe Feyereqd do-ior ot must be sontned his Sal outrun his ib sa edvanstovesh for THE POPULATION OF THE ISLAND. — The Statistics of 1864 Compared &e., &e., _ he. Our Havana Correspondence. Havana, dane 35, 1865. Before you take this magnificent ieland from poor old Spain, as you propose, you to be acquainted with every kind of statistics connected therewith. A short while since I gave you @ tabular statement of the official returns of revenue collected and some details of the export trade of the island; but I believe that interesting paper, which cost me so much trouble, bas never seen the light of day in your columns, Let us aee if the statistical statement of the population of Cuba, which I herewith present you, will please you better or meet & worthier fate. The statement in question is, in fact, the census of Cuba for the year 1864, compared with that of 1862. It is published by the Intendent General of the island, though how he got at the figures is to me & mystery; nevertheless I rely upon them, from my knowledge of the compiler’s character and intelligence. Ihave condensed as much as possible, a process which I hope will be found not to have interfered with clearness, but rather the reverse. Dividing ‘the population into classes, distin- guished by color and condition, we commence with:— ‘WHITE POPULA PROPER. 1862. 408,337 482,624" 826,620 824,986 Increase... .20,287 1,634 729,957 757,610 Increase... .27,653 717 107,688. Difference . 30,021 YUCATECO INDIANS, 607 1 18 m4 The above three subdivisions are classed as white population, and give as grand total the fol- lowing figur 764,750 798,484 Increase...... In this population of 793,494 so-called white persons there is the enormous excess of males over females of 142,730. sendecerecsoesenscocsces 28,734 We now come to the colored population, of which the first subdivision is the «108,097 109,027 Increase 930 113,320 116,616 Incroasc. .:. 8,496 Totdl,.........921417 225.849 Increase... 4,426 Exe. of females.. 5,223 7,789 Increase 2,566 SAVE POPULATION. 220,305 ae Decrease... 1,583 -148,245 181,831 ‘Increase. ... 3,586 £+++- 868,550 870,553 Differbnoe, males.. 72,060 06,891 - Decrease... iCIPAD YW. Total... Excess of 6,169 1,821 2,848 Ii To the class of emancipados belong pri ally, if not exclusively, the negroes captured on board slavers, and whose services are claimed by the deppiermpege= which has thus saved them trom ecoming the property of planters. Jt will be seen that their numbers have inereased but very little, while that of the slaves has actually de- creased, notwithstanding the many slave “expedi- tions” which have reached the island during the past two years. But the most remarkable features in the above statement are the enormons excess of the mle population over the female, and the decrease of white females, In fact, with the single exception of the free colore.}, there appears to be a general decay of the population; for the male increase in the white proper is nota natural one, but due to immigration from the mother country. The grand total of the population, then, will be as follow 1962, ied ly, conducted him to a house in Grand | | | 1864. Increase. The increase is very nm males proper. population is:— tly that of the white The excess of males in the entire Increase Of @XC089.......+e0seereeeeeeeeres I cannot say positively whether or not the army and navy are included in the above statistics, but 1 think it more secgery they are not. The distribution of population is as fol- 2,100 SUGAR PLANTATION. on etal numerous to mention. It may be worth while how- ever, that in the furme called there are 21,739 whites and only 6,220 slaves; fact which some editors in sommpentieg on statistics take to imply the wth white labor, and a proof that white | can be made to supply the piece of black in the cultivation of the island. put the above figures are yh pe that, for the re«son that in the number of whites the women end children, say three-fourth of the whole, count for nothing in the calcalation of labor. c occupations there is naturally an 1 dispropor- t on of whites and blacks, as tl in the entire population, and the reason of the difference is the sane in all as inthe one I have specified. It will serve to show how much the cultivation of coffee*has fallen off when there are only en- oe Emancipatdos,,..... I mn nston, the only remark I will offer is, that the statistics are not fiattering, and do not 5, prove that Cuba has progressed so ly ae some pretend, but rather shows an 0) ite ten- deney, if we are to attach any im ince to the fact that the female portion of the white popula- tion proper has positively decreased. The Columbia arrived night before last, ont y- AN APRICAN CHIP ONE HUNDRED YRARB uns. A correspur tent of the B Whig communicate the following reepecting aoa, Keown character in Castine “Died in € J tn JACRRON, @ mative of Africa, aged He was the «on of a chief, and human flesh, rat other victims, and he and | ‘nale, sotdeante » sufloring of Nearly one-third of this living eargo died daring the voyage, and Were, ae he said, “thrown overboard lik sommamy dogs: Sharks followed in the weke of the vorse], with open jaws, ready to receive their prey, ere the Sthuched the waves, Alter many long years of severe bondage, be contrived to from Rio Janeiro to the United Stat 4 by conceating himself on of an Aimerican vowel, Ho arrived safely in New ‘ork, where for somo years he followed the sea fora livel hood, barely éxcaping, two or three times, being kidnapped again by the ‘Segrecs’’ of the Seath, in his tips that region. Some thirty three years ago he cathe to Custine, where he married, and has remained ‘ever since, occasionally making a voyage, generally im the capacity of a cook. Carried to Bragit with sev and his companions, both He experienced nt owing to the crowded state of food and water. ‘Tor Drowsina oF Ricwann Quink—Fenny Comrant Crvaurep.—Coroner Wildey yesterday held an inquest over the remains of Richard Quirk, the lad who fell over. be the Cortlandt street f on Sanday evening ee drowned “tt Appear ‘Tram the temtimony ad. cod that the ferry pier was in a dangerous comin ind he it ‘in here verdict, censured the ferry cusspee ny for leaving i im thay condition,