The New York Herald Newspaper, August 29, 1865, Page 5

THE ARROW DISASTER. of the Inquest on the Body of Mary Elizabeth Ericsson Before Coroner Gover. EVIDENCE OF CAPT. CHARLES B. SPENCER Furthee Particulars of the Accident. The Investigation in Brooklyn Concluded. Important Testimony of Mrs. Van Tassel. The Boilers Liable to Explode, at Any Moment, Q Violation of the Zaw in Carrying More Steam than Allowed by the Government Inspectors. SEHR CORONER'S CHARGE. VERDICT OF THE JURY. &e. &e. &e. =. = The Inquest in New York. The inquest apon Mary Elizabeth Ericsson, a victim Of the Arrow explosion, was continued yesterday before Corover (over. » Gharles B. Spencer the first witness sworn—Am a Practical engineer; rate as third assistant; have a diplo- ‘ma; am cuptain of the government despatch boat Henry ‘Burden; was a passenger on board the Arrow on the occasion of the accident; eame on board at twenty ‘minutes to four; found the boat very much crowded; should judge there were from three hundred to four (hundred passengers on board; when the boat started I was on (ho upper saloon, main deck; walked along by ne room; saw two men in the engine room, the ‘engineer in conversation with them; walked forward lof the steam chimney and tdok a seat; a few minutes ‘after heard the explosion; got up to go to the engine st the Crush brought me to the upper deck; pas- s were jumping in every direction; heard some ing from the engine room if there was any @erson jrexent who would stop the engine, as it ‘was stiti in motion; immediately started for the engine Toom; just as I got there the enginecr stopped the engine; it was about three minutes after the explosion that the engine was stopped; told the engineer it 4 was an cuginecr by profession, and asked if I could be of any assistance to hiyn; he held up his arms, Saying le was badly scalded and asked me to take charge ofthe eugine; looked at tne steam gauge in engine Toom and found eight pounds of steam upon it; asked the engineer to tell the pilot to ring his bell and bring the ‘Doat into thedock, as I cocld work her in; engineer re- marked that there was no stecm in the boiler; took hold fthe bar and found that she could turn around very Blow! joked at the throttle valve and found it very Nearly cioso shut off; Topened the throttle valve; in about ons minute the bell rang to go ahead: gave the engine from three to ten turns ahead; bell rang to stop, ‘and siorily after rang to back; then gave the engine two to five ‘turns back, which brought us alongside @ barge a| the foot of Thirtieth street; in the mean- time { evdeavored to get some person to go in the fireroomn to aaceriain if there was any ire below;a man consent- ed; he weut down and came up and reported to me that there was a fireman there; the engineer made no attempt 40 go down in the fireroom; he stood on the gangway, Teaving ai! business to me; ong of the firemen it was Teported hat overboard; about fitreen minutes ‘after we got alongside the whart the fireman whd was reported (o have Jumped overboard came into the engine — T told him to go down and draw the fires from the ploded boiler; he remarked that the port boiler bad exploded ; I then told him to haul of the fire from the ether boiler; I heard him ask the engineer what he should “0; the engineer told him to sl the fire up and pump more water iuto the good boiler; in a few minutes I heard 1 think e caus? of the rosnlt of the stop valve valve; the starboard eight or nine pounds of steam after ‘we reached the wharf; le(t the boat with that amount of steam on; it is ble that the instantaneous genera- tion of im Might cause un explosion; if the explosion took place from closing of the stop valve, the engi peer was responsible; the stop valve was not sbut off for twenty minutes alter the explosion; if the stop valve @f the port boiler was closed, as 1 supposed, the unin- Jured boiler would have retained the same pressure of @eam afier the accident which it had on before, except that portion of steam which the engine worked off in funning into the dock after the accident, the throttle waive being nearly closed when I went into the engine room; if the stop valve was open the steam of the good boiler would escape throngh the fracture in the flue tothe furnace and smoke stack; I did mot look at the steam gage before the explosion; if a holler exploded with twenty-five pounds of steam 1 Unuk that boiler defectte; if I had a certificate rom the government allowing me to carry twenty-five inds of steam, if I found any defect in the boilers such inspection I showld not consider it safe to use Pressure, and should think it my duty Lo notify the Baspectors; these inspectors I have always found to be @ompolent men; if the boilers of any steamboat of shicb I was engineer had been inspected and 2 certtfi- givea me authorizing the carrying of a certsin ire of steam, and in running that vessel for ten ive days T had discovered no defect, I should consider q@mysell authorized to carry the amount of pressure al- fewed ; I would never run above the preasure allowed by the inspectors, but as muci: lees as my judgment shonid boiler in use ten irs depreciates very mate- uu though it is thoroughly repaired every year; Lhave known boilers to be ued up in three years, The inquest was here edjourned to Thursday next, at leven o'cigok. The Inquest in Brooklyn. ‘The investigation in this case, which has been ad- Journed from day to day for several weeks past, was concluded yesterday afternoon. ‘Tho first witness examined was the captain of the Arrow, but bis testimony was of secondary importance, as his duty was confined entirely to executive manage- meat of the boat, in selling ticks's and seeing that the fare was collected, attending to the landing of the boat at the various stopping places along the route, to see that the gang planks were properly adjusted, &c.; but ad no contro! over the management of the Gotiers The only testimony of real importance was @bat given by Mre. Van Tassel, whose husvaud was killed instantly by the explosion. She testified that her asbanid was in mortal dread of the boiler's expivding, from the fact that more steam was carried thaw al- flowed by law, His wife entreated him to give up his po Gition as Greman, and he told her on the day of the acci- dent that he would leave the boat in the course of a few ays, and gave her a ticket to go to Nyack by the steam- ‘eat Isaac ’. Smith, notwithstanding ‘hat she wanted 0 wv.an the Arrow. ® The following is the testimony :— * Ferdinand Frost, sworn—Reside at Haversiraw; wave Fesided there between six and ten yeai have been cup. ‘tain of » steamboat for the ten years; was previously @oclerk in a store; have bee tain of the steamer Ar- Zow for the last ten years; she has run under different ames in that time; she was called the George Washing. ‘ton when she wasowned by Bradford & Cox; I was on the Arrow on the 4th of Auguat; I knew nothing of her exploding a flue going up ou the 4th; I heard next day that abe Sane bar pom io ee bap ene com ng down next Progress was slower than usual; the if told me that one of the boilers gave out on the ‘up trip the day ‘lous; it wax after ten o'clock on the morning of the when we arriyed in New York; the engineer told me that he had sent for the boiler maker & repair damages; he was under the jurisdiction of the engincer; he said that the repairs were made; of ry own knowledgo I could not say whether both boilers ‘wore fired up that day; I heard that both boilers were used; we started o'clock, and shortly after the ex) piece; 1 wae on the after deck at the time, on my way to the offices; I en- deavored to quiet the passengers and at the same time tf at four tried to cor jicate with the pilot, make a landing; I saw no one jump overboard; I ordered 2bo pilot to make a landing at Thirtieth street; when we there fixed the gang thi @ passengers while foding 3 to see that nothing went astray; have had persons ‘aak me if the Arrow was a safe boat; I thought she was; Beard passengers speak of the boilers being unsafe when w running opposition; we carried thirty.even f steam Inst your; we did not ri carried more steam while running opposition ; 0 conver Bation with the enginocr previous to starting the boat; do {Mot know how much eteam we had before we started; Jabout two minutes before the accident I aaw the gauge, there were about eighteen pounds of steam on; saw MHt again after we got to Thirtieth street; it showed about five pounds of steam ; the engine stopped shortly after we (0 the dock: the fonkey pump started shortly after: . : j i aif tf i i? i i i | I fi HE i HG ich ial | ? f SH i i i i A : 3533 sé BE BE f § g A i i | Te 38 Ff i tl i et i fd H u § eé ff Nyack wheu I heard of my husband's death; had a con- versation with persons and said that I ex- that she (the blow up some day; ie, Aust, oh introduced to. th ir, Al 8 practi ‘was int tothe Coroner | ‘owner of the - feat Serv ie '. ‘was a competent man; wil about the condition of the boilers and was not on the day of the accident. This closed the evidence, and the Coroner delivered the following charge:— THR CORONER'S CHARGE. GenrLewan or tas Juny—You have been summoned to assist me in ascertaining the cause of the death of John M. Westlake, whose body was found in the East river, and from the evidence taken it would seem to ap- pear to be the result of what some may term a steam- boat accident, which of late frequently occurs, by which many of our fellow citizens are sent to an earl: T have deemed it my duty to give this matter a thorough investigation, to aséertain who, if any one, is responsible for the death’ of this party. An inquest was held in New York a few days ago upon the bodies of other persons who were upon the same vessel, on which the evidence shows the deceased to bave been, and the jury there rendered a verdict that the deceased came to their death by drow! After the finding of the of Jobn M. estlake inthe East river a number entlemen called upon me and desired the matter to be thoroughly investigated, and gave me the names of a large num- ber of witnesses, all of whom have been ex- amined before you; and it is from their evi- dence that you are to render your verdict. ippears from the evidence that on the 5th day of August the deceased, together with a large number of others (between four and five hundred), were on the steamboat Arrow going up the North river. E. 8, Cha- pin testifies that he was on the main deck of the boat and heard a noise. He got on the guard outside of the wheelhouse, and soon water commenced to come out of the smoke pipe. Witness was told that a person had lett the boat on its down trip that morning because of an ac- cident that had occurred the evening previous. David D. Smith, one of the owners of the Arrow, testifies that the boat was twenty-seven years old, and that the boilers were six years old. The boilers were inspected about July 1, 1865, and a certificate was given by the in- spectors, pronouncing the boilers in a good condition. Witness had a boilermaker in his employ who had done repairing (patching) in different parts of this boiler. The inner part of the flue gave way. The flues were about fifteen feet long. John 8. ‘Tappan, who was also on the boat, testifies that the boat was using only one boiler, and made very slow progress coming down—so slow that several parties left the “boat at Hastings. The general reputation of the boat and boilers were bad, the boilers in particu. lar, Witness says the appliances for saving life in case of any accident on board of the boat wore entirely in sufficient. He Te the boat was not large enough to transport the number of passengers she had on board. George D. Fenner, who was on the boat, says that he heard the explosion, and knew that the boiler had burst, ‘He caw some parties jump overboard. Had heard that the boat was very old, and that her boilers were in a had condition, John Bertholf, a fireman employed on the Arrow, says that the boat ‘left Haverstraw at haif-past Six that morning, and lopped at Sing Sing, Tarrytown, Hastings and Yonkers. There were two firemen on the boat. The boat had two boilers, which were below the deck. Only one boiler was used that morning. The other gave out the day previous—a fire was kept on this boiler all day. Witness fired up on_the boiler that ex- ploded, The boiler that gave out on Friday was patched on Saturday morning after reaching New York. Had eighteen pounds of steam on when witness looked at the gu about three minutes before the explosion—usual- carried from twenty to twenty-three pounds of steam. ‘he fospectors gave a certificate to carry twenty-five pounds of steam. Witness thinks the explosion was caused by a flaw in the irou, Another witness, Isaac P. Smith, a part owner of the Arrow, testified that the boat was built in 1837, was burned aud rebuilt again. She was Esc amed Arrow, and after that was called eC Gi ae asin ton, After running about four years the tote were aten out and the bottoms cut off and new bottoms put on to the depth of three feet, and the flues were patched wherever they needed it. wags be phy, foreman boilermaker in Futton Tron Works, testifies that he inspected the éxploded flue of the boiler on of the Arrow, and found a rentin the lower flue about twelve by eight inches in extent. He says that the iron of which the boiler was constracted Ge not heavy enough for such boilers; it was orij iy three. sixteenths of an inch thick. The ends of the flues were very thin and weak. The amount of steam testified to by other witnesses as bemg on the boiler at the time could not, if witness’ opinion, have caused the explosion, Ho thinks it would have taken fifty pounds of steam to cause such an explosion. The steam passes from one boiler tothe other through valves. The explosion was caused by an undue pressure of steam. Peter Van Denburgb, an engineer employed on the Arrow, says that on the up trip on Fritay a small hole was blown in one of the flues, and a pine plug put in; but tne iron was so thin that the witness was afraid it would blow out, and he only used one boiler on the down trip. On ar. riving in New York he removed the pine plug, and the boilermaker put a patch over the hole, and fire was started under both boilers at two. o'clock; the steam gauge was in the engineer's Foom; witness ‘was present when the boilers were inspected; Mr. Hopper, one of the inspectors, told witness he would aliow him to carry twenty-five pounds of steam, and to':! Mr. Douglass to make out a certificate to that effect; Mr. Donglass looked at the flues, and said he would only give a certificate twenty pounds of sicam, but ate wie out for twenty-five po eam: Nicholas St, Pies hed these fives two or three times since last April. The nspector said the flues were very thin, and he did not think it was safe to use om than twonty pounds of steara. Tomas MoGee tostitles that he thonght plosion wax caused by # flaw in ti der Douglass, the government inspector of slcamers, tes- tified that he inspected the boilers of the Arrow on the 26th of July. Witness put on forty-six pounds of cold water pressure, aud found thatthe steam drum leaked badly and he ordered it to be mended, and (old the engi- heer not to put on more than twenty pounds of steam until the repairs were made, and that after repairs were made witness gave a certificate for twenty-five pounds of steam. The cause of the explosion was that the atop valve was closed on the port boiler, Witness says that he was satisfied that the stop valve was down, whieh ac. counts for only dightcen pounds of steam being indicated onthe kage: fj the ys ve connecting Uy boilers must have been clorrd, the steam woul ve escaped hh fede fa through t! ¢ Other boiler, oays that if the valve had mak ine 3 ls baat AS ‘sigam oue boilerto the other, the explosion could not have taken place. Charles 8. Spenc:r, an for ten years, testifies that the valve in the steam pipe connecting the boilers together was shut; if it had been open, all the steam in the sound boiler would have escaped out of the aperture caused by the explosion, It appears further from the evidence that this boat had been running under three diferent names. The Broad- way, the Geo, ‘ashington and the Arrow. She had the name of Brordway painted on her wheel houses and on re in the cabin, and Arrow was painted on her stern. I very carecully reviewed the evidence so ax to call ir minds the most import boot my may more understand ly afrive at your ret. Several enginecrs testify that if the valve in the steam pipes connecting the boilers had been open, as it should ve been, the explosion would not have take: The enginecr says he instructed Van Tassel, thi fireman, to open the valve before the boat start does not know whether he opened the valve or not. I think it was hie duty to see that his orders were properly uted, Gentlemen, you are to decide this case from Wwidence that has been taken before you; if any of have had conversations with parties in reference to this matter, or rvad newspaper articles in regard thereto, dismiss them from your minds, and you will be more able to render a just Verdict, With these few remarks, f leave the cave tu t hands, trusting you will have no difficulty in arriving at a verdict. THR VERDI We find that the deceased, John M. Westlake, came to bis hb by drowning on the afternoon of August 6, 1865, in consequence of the explosion of the port boiler of the steamboat Arrow; and we believe, further, that the explosion was caused by the valve ed gs boiler, connecting the two ps remaining from the day previous; and we thidk that it was culpable neglect of the engineer, Peter Vandenburgh, iu not opening, or seeing that the valve was evidence, the Se aa te pagal d on the government inspectors ix amination of bor boilers before allowing her owners to ron her, as they are now 4 ARTHUR WINNINGTON, SOHN C. BEAM, JAMES NEVIN» F. W. SMITH, to yi ALFRED WEEKS, JOHN CONLEY. HERALD. Jn the issue of your valuable paper of the 18th instant 1 am accused of being the receiver of liquors stolen from Messrs, Hoffman & Curtiss, Nos. 360 and 362 Greenwich atreet, aud that I left the city on that account, Will you be kind enough to state, in justice to myself, that ail of the above allegations are false and without any founda- tion whatever, as there was not the slightest proof against me, and I was Conmogoeaty poncrsty, dis. charged by the Court. WILLIAM MOBRMA: 809 Greenwich streot, corner of Franklin, Bora.ars in Fivsmna,—The village of Flushing bas for the last few woeks been the theatre for the commis. sion of numerous burglaries. To such an extent have these bo ee rae noe that 7 night patrol is about organized Protection rosidente Of Whe piace, Bankers and Brokers vs. the Internal Revenue Act. UNITED STATES CIRCUIT COURT—IN EQUITY. Before Judge Nelson. The romantically situated and tastefully built little town of Cooperstown, county seat of Otsego county, was last week the scene of a legal contest and forensic dis- Play new to its quiet and retired preciacts. There it was ruled by high behest that the whilom contested legs! Joust between fhe certain wealthy bankers and brokers of this eity and the Assessor and Collector of Internal Revenue of the Thirty-second district—Sheridan Shook and 8. P. Gilbert—should be decided and brought to final issue, in eo far: as it can be said that any legal point of controversy can ever be settled. There, then, amid the scones of lake and wood, of mountain peak and secluded glen, whence our national novelist drew the inspiration that gave to the world the first volume of the series of his beautiful works (“The Pioneer”), the cause which, at this later day in the march of civilization, so distracts the bankers and brokers of Wall street, and in support of which the government sent to the contest most able counsel, was to be decided. There was no “Leather Stocking’ there, with noble heart and anerring rifle, to oppose Indian guile and Indian tomahawk ; but there were leather bound books enough on either side, and guile enough, disguised under the designation of legal oratory and legal acumes, to do ag effectual war on opposing interests. 4 THE CASS. ‘Tho case was brought up op an application for an in- ‘| junction to restrain the Assessor and the Collector of the ‘Thirty-decond district, the one from issuing and the other from collecting certain intefnal revennes in certain cases, the complainants resting upon a decision given previously in their favor, on supposed test cases submit- ted for the purpose, by Judge Nelson, before whom the cage again came up on a motion for injunction. ‘THE APPLICATION FOR INJUNCTION. The bills tn this case state substantially that the com- plainants are brokers aod bankers for the selling of se- curities, &¢., on their own account, as well as on com- mission; that the complainants appear for themselves and for all other brokers and bankers of the city who desire to come in and thus contest the point ah issue; that the question having arisen ars to the Construction of the Internal Revenue act—to wit, as to whether geourities sold by bankers and brokers for themselves, and not for commission, were taxable. The application further set forth that the same were previously submitted to the courts in two pro- posed cases in which the United States were plaintiffs and Mossts. Fisk, Hatch & Cutting wore the defendants, and that after the arguments on the submission of the sup cases in the Cireuit Court of the United States, Judge Nelson, who as now presided, decided that the sales made by bankers and brokers of securities for themseives and on their own account and not for mizsion, wers not taxable under the ninety-ninth section of the Internal Revenue or other act. That notwith standing such decision the defendants in this cause—the Assessor and Collector of the Thirty-second district—un- der the Internal Revenue law, insisted on going on and assessing and collecting dutles for securities sold by the bankers und brokers, not for commission, but for them- selves. That complainants therefore ask for an injune- tion against their proceeding to assess and to collect. THE ANSWER. The answer of the defendants denied all the equities of the bill of complaint, and set up that the complainants are citizens of the city of New York; that as such they have adequate remedies under the internal revenue law in case of wrongful collection, as also adequate remedies atlaw. It denies the jurisdiction of the court in the prewises, and also that the defendants are acting under the orders of the Secretary of the Treasury and Comiuis- siouer of Internat Revenue; also that no judgment has been rendered in favor of the defendants on the pre- viously submitted test_ question cases; that if such had been rendoxed and unfavorable to the defendants that the United States intended to appeal against the same. ‘Tax cour. The ication for injunction in’ this case was made before Nelson at Cooperstown on Friday morning last, and the questions involved in the case were t! ose argued, occupying the court two days, ARGUMENT FOR THE INSUNCLION. Mr. John E. Burrill for the comptanants, opened the case. He commenced ‘by claiming that there was no provision under the Internal Revenue or other act by which moueys once wrongfully collected from the bankers and brokers, in case of securities sold ou their own account, could be refunded or repaid to th He discussed at some length the several pro ions of the act bearing upon that point, and, closing this brauch of the argument, contended that Judge Nei#on having decided the principle involved in the question, and the internalf revenue officers having disregarded that decision, it was the duty of the conrt to restrain them. Counsel went on to show that the amount of revenue which would be illegally collected according to the decision of Judge Nelson between this time and the Sist of December, 1865, would amount to over « million of dollars in the city of New York alone. Counsel argued at great length on the equities of the case, and claimed that it was the duty of the court ty grant an injunction as applied for. oo ARGUMENT AGAINST GRANDING THE INICNCLION. Mr. Samuel (, Courtney followed 9B the part of the deiendanis, edaé the ouiset thal the court had Ro equitable jurisdiction in the case; that whatever Jurisdiction the comt has or could have in any ca: must depend on granted provisions in term Congress. That the fact of these parties being all citizens of the State o° New York excludes these cases from the operation of the Judiciary act of 1789, and unless juris- diction is conferred by the Internal Revenue act itself the Court has no power in the premises. Mr. Courtney read frou th terns venue acts of 1464 and 1866, showing that the jurisdiction of the Circuit Court of the United States shall extend to all cases in law or equity arising under the Revenue daws of the United States, for whieh other provisions are not made. Mr. Courtney further argued that, by the 19th and 20th sections of the Inter- nal Revenue act provisions had already been made by law for this class of cases, and by the 44th section of the act the Commissioner of Internat Revenue was an- thorized, on appeal being made to him, to remit and refund all duties efroneously assessed, or col- lected, or oxcessive in amount, or in any man- ner illegally collected. He claimed that ample provisions for any illegal of erroneous assessment or coliection had already been provided for by the Internal Revenue act in that class of cases, That, therofore, this court had no jurisdiction of the subject matter or remedy. He diseousa d this point at great length, and, cited various authoritics to sustain his positon. He claimed, also, that these defendants, being excontive offt cers of the United States, the court bad no power to control them in the discharge of their offic'al duties, and cited cases and authorities to show that it wa: th duty or cach branch of the govérnment—ex-cutive a jndicial—to abstain from encroachments on the other, He claimed, im continuation, that the complainants had full and complete remedies at law, and therefore could pot resort to a court of equity for reltef port thereof he further Jn sup- i! ng that the complainants First. The yarious provisions pro by the Internal Revenue net, none of which they had done. Second. That they could go by petition to the Court of Claims, Third. That they had @ remedy by action at law for trespass or lo recover moneys paid under protest, amd that having availed themselves of none of these remedies the defendants had no claim ins court of equity, aud further claimed that any injunction to restrain a collection of taser illegally = en. le cited foes proposition, claiming also e material allegations of the bill having becn denied thore was nothing to show on the part of the complainants that (he defendants had done or two do any act from which injury bad resulted or cou!d resale tothem. Mr, Courtney denied that there was any jndg- ment entered in the supposed case previously adjudi- cated upon; and whenever such j should be entered averse to the United Statos the gov: rnment ia- tended to appeal, so that so far as thé cage went there was to take cognizance of. 5 close of his able and elaborate argument, briefly touched upon the public policy of granting an injunction to re. strain the collection of the revenue at such atime as this. ‘The argument against the application was followed by Mr. Joha H. Reynolds, and for the complainants by Judge Allen; Mr. Reynolds reviewing, vy of rn Nelson, his Honor's opinion given on the suppoved case, On the conclusion of elaborate guments on either side, occupying two days, Judge Nelson took the papers, and said he would render a decision in (he ease in a very w days. ARRIVALS. Lave nroo—at hip City of Washington—Mr Wit B Woli, R Dick, Madame, Bogut x od Wolf, Jolin R Dick, Thos Marsh, Mr Rexd, Geo Knowle, Mr Gerson and family, J Harris, Mr 8 F MeLaughlan, W ball, David Thowas, J Chase, Sirs Chave, Farmily an nie re. RK Hexardy, Mins Ferguson, Mra ‘Shai Siertes Boyd, Win Geary. f Purner, Me ton, Robt Predman, © F' Webber, Mra Webber, Wl man, M Em PG O'Connell and wifes Krnest 1 Sohardeur, € 1M MeGregor, Mr Whitwor ‘arnell, Mr Benton, W 8! aud family. Mra Wileon, Mr’ Dison, Win David He A Murray, Mr Wilmer, Mr Robi Mr McPhall, MF Blanchard,’ A. Blanchard, Mr Hastittand family, Mr Potter, Misses Voter, J A Delanque an fe, Blaylock, A Becks, J Becks, R Gray. Chas Levi, R Wilson, Mr Montgom Curtis, RM Tombest, Mr‘ Howurd aud wife, W Mo J MeKnight, 8 Hi 2litt, Geo Gregory, E D Pratt, Me Robert non, Mr Gale wife, © E Cooke, J Galloway, Mr Kinj N ren, Mine Westly, Mr_Borrode rf iy Mr in Mr Wychott, J Brockallc H'O tinuguion, mun— Steamship Haasa—T Hildebrandt, WV Sachs, ( mes Mr ne sister, H Genale’ tad brother, M Mra Latgeer and daughter, ‘ah, J Hoppe and wile, Anon ansen, F ¥ Papentausen, & Moller, O Cranz.and Ly laria Forster, Li Philippi, Jen: hette Weil and danghter. W Schulte and wite, Mes Nurowood and family, Rev Mi ie jest, Dorothea Bosse, E: ler, 8 F Fehseofeld, H Schmidt, J Bahlem: humacher and family, G Christ and wi her, C Strobi Y Ella Wehner, a ware and wife, G. ‘Helomius and family, F Schatte, Biumeathal Louise Bauer, mother and child, C Willem<ea, ¢) ghar, Elise Cogmmeret, JM North: mass, BC , © Kimer, Ottile Kirehweger, 0 H Vo. ragnaustramah! Phaser Martie ir Lieut Y Sree a ire Arnold and di ra NEW YORK HERALD, TUESDAY, AUGUST 29, 1865. THE WIRZ TRIAL. ‘The Prisoner Shown to Have Robbed and Wilfully Murdered His Prisoners. THE SLAYER OF BOOTH ON THE STAND BOSTON CORBETT AS A WITNESS. He Testifies to Murders Com- mitted by the Prisoner. The Counsel of the Prisoner Abandons His Case and the Judge Advo- cate Becomes His Defender. &e, &. &, Wasmunatoy, August’28, 1966, ” CROSS-MXAMINATION OF ROBERT H. KELLOGG. Thé cross-examination of Robert H. Kellogg was re- sumed by Mr. Baker. The witness said he entered the United States service on the 11th of March, 1862, and was discharged on the Ist of June, 1865. Q. Were you at any other prison than Andersonville? A. I was at Charleston and Florence. Q. Was the treatment at those places materially dif- ferent from that at Andereonville? Judge Advocate Carman objected. Mr. Baxse—tI thought my quegtion alittle out of the way, but that go objection Would be made. The Jupog Apvocatk—This manner of cross-examina- tion Wii not be tolerated. If the counsel persists I ask for the enforcement of the rule—that he reduce his questions to writing. : Mr. BaKRR—The intention of my question was to show that the treatment of prisoners at Andersonville was as good as that at the other prisons. The Junce Aovocate—That isa part of your defence, but not proper in a oross-examination, Mr. Bawen— The indictment charges Captain Wirt with acting contrary to the Jaws and usages of war. This is the gist of the whole thing. No matter how des- titute the prisoners were, or how they suffered; if we show nothing was done contrary to the laws and usages of war, then this man cannot be punished, as we think, The Jovax Avvocare—The question is improper. There is no evidence as to the treatment in other priso ‘The Court sustained the objection. The cross-examination was resumed and long con- tinued, during which the witness said that unless men went out to cut wood were strongly guarded they would overpower the guard, and would have been fools if they had not attempted to make their escape; the proper guard for a squad of twenty men would be an armed porporal and six men; he did not know of his own knowledge that Captain ‘Wirz prevented men from going out to cut wood; he knew that the men dug one well, with whatever they could get, such as half canteens and tin plates and spoons; the water of the wells was fair; There was not room enough to dig all the Wells which were needed; the space wag required for the prisoners; he never saw Captam Wirz order or take away from the prisoners anything which contributed to their health and comfort; he’ thought the police regulations might have been better; on one occasion Captain Wirz did him « kindness; he had been in the woods and had left his knife there, and Captain Wirz was the means of his recovering tt; he did not himself know from his own obgervation of any wilful or inhuman act by Captain Wirz TESTIMONY OF THOMAS ©. ALCOCK. ‘Thomas C. Alcock was sworn, and testified that he was captured and sent to Andersonville prison in some part of December, 1864; on arriving there he was searched by Captain Wirz, the prisoner, whom be now recognized at the bar, wo took from him bis belt, containing one hun dred antl Mfiy doliars in gold, two hundred and eighty oitars in greenbacks, a jackknife, a breastpin and a gold rivg, and his pocketbook; these were never returned to dim; on one occagion a weak pan asked Captain rien to Jog im go out for some frosh alr; Wirs asked what ho MAAK wid tarUEd round, pulled a revolver out of his pocket and shot him down; the man died two or three hours afterwards; the witness spoke in coudemnation of this act to Wirz, who said he would put him in the sane Place, the witness said he was uot afraid of it; Wirs then called a corporal and two guards, who put upon hiar a ball and chain; he gradually, by working at the ball and chain, freed himself of the weight, and then made his escape; the man who wax shot was named Wright, and belonged tothe Richth Missouri; the prisoners war sometimes eet water from the stream of brook by attack. ing their vessels to the end of poies; white doing so they were often fired at with shell Cross-examined by Mr, Baker-Q Where dd you et the one hundred and filty Jotuers ia gota’ AL Le it at Jackson, Miss. Mr. BAKxe—And Captain Wirt captuced it trom you? Had not he a right to do so? Wrises—No. (Laughter.) Mr. Baaxr—That 19 your opinion The witness, on being further interrogated, said he found the wt the rovt of a tree in Woods ; d him where the money wa it belonged; the witness 1 up previous! ain im the usual way, and ask the crowd to got some fresh rybily what he mei mared id in the “Look oat;'” the man was 01 few paces from Cup. in Wiry, face to fa ¢, when Captain Wirz drow his pistol and shot the man, who died soon afterwards from tho the witnass remained at the prison two months after the man was shot ial TRSTIMONY OF BORTON CORRRTT. Sergeant Hosto bett testified that he was in the United States service» wan captured at Centraville, Vi nveyed to Andersonville, where be arrived efore he and bis companions entered the stockade, g remained some time, they were divided into detachments; he was exceedingly thirsty, aud asked a man pear Captain Wire fora drink of water; the man wag one of ovr OWN prsoners on bis parole of honor for a dit jion, but could pot give me the ; another wan wick in the stock and asked the lieutenant e squad whether Le could not be sent to the hospi he officer informed Lim that nothing could } to-morrow, and that be must go into the stoel tb the offers; after he entered the stock ade he found wine men of lis company who had been Drought there three months previous; within two months six of these men died; of ‘fourteen men who were taken to Andersonville when he was, only two returned ative; he was one of them; when le reached there he sa forts and guns; he Roticed several men near the headquarters in chains, with bails, exposed to the heat of the aun; he still bore the marke of the sua by exposure on his shoulders; be had 4@9n the stocks, but did pot remember seeing any 3 in them, the dead lime wat a slight wooden strncture three or four feet high, running twelve or fit teen feet from the stockade; the piace where the sireain entered the stockade was broken dowa, he had seen meu shot and killed there, the prison was'in a horrible condition of Hlth: the swamp on each side of the stream war so oteasve and the stench <0 great that he won. deved every man there did pot die; ke believed it was canse of the death of many of our men; the maggots the solders dug up roots; they were ed (or fuel, the sick hngered 1p ax soldiers lie down to rest after & march: gomg to that locality he would find dead men; the feet of others were swollen, dages; the gangrenous sores were without by with maggots snd i move, | in their pith, they om, and would prefer being near ti | he was certain, died frow lice, w man's gar : the food was donble were served for calling the when the witness was sick, 4 medicine w bin seur meat and it vinegar; out own mew made a better article, they called sour beer; the sck men were carried the south gate; in some cases men would die wi ing to be carried out; im regard to removing four men assigned to that duty, and, in return, they to bring io wood, whieh, if they chose, inside ‘or # dollar, these men became ao en they, dened that they would aay, “That's right ov a i man (or wood," the water passing through the p was Glthy generaily hot good to drink, se Whe had weirs g a drink ; at times they would not, and were so Fr t he would drink the stream water rather than be abused; he bad sera onions gold (yr twenty five, fifty aud seventy Ave cents each, the efléct of the treatment was to demoralize the the roen; some became idiotic; the nearer the stockade the clearer was the water, rome men would go over the dead line whore it was broken without kaow. ing it, and, bad they they not heen warned. would have bees shot; hounds were kept there to hunt and re- capture those who attempted Lo escape; prisoners were silowed to go out in certain numbers \o collect wood ; the Witness told his comrades that the frat Gime he got’ out Of the stockade he would try and escape; be made the attompt and was hunted, but not immediately found; be Jay concealed an hour or wo and beard the yelping of hounds in the distance, them nearer and nearer, they came so close an actually Lo rub hia none, and then’ made & circle around him anil the hunters came up, Who alex 95 aol: oth Wye eigen ued Oo iid AA, the tear bim witness); bat having once beea « fence bt elt for thove who wore tu that couds ‘Our city subsenwers will comfer 2 favor by reposting: ‘any of our city carriers who overcharge for the Hasse Country subscribers to the New Youe Hanate asece- quested io remit their subscrigtions, whenever geno cable, by Post Ofice Ordern, Ib is the safest mode of transmitting money by mail. Advertisements should be seus to the office belase-aiee o'clock iu the evening. The Wirz Trial—The Depredationsef the latter asked the soldier wh he did not mak cae 0 U toar be replied, Tg guess. tho dogs hurt him Wis ordered the witness to be takeu achance to cut wood; the mea beiug fed on insufficient food and b nd molasses they took sick and died In front of the bulldiug, the number was lange; \lcy | Shemamdoah—The Lose of the Brother in cords, Jonathan—News from the South Paci- Fhe Conss—-Whes do 70 seaabs covdad fic, Central America, Mexico, de. ‘Wirvras—I mean thai if they bad beea piled up like wood they would have nade several cords. Cross-examined by Mr, Baker—The witness had seen maggots in the food, had himself washed them ot in the stream ; too, were in sores, and ia such a way not fit to ibe; the swamp was filled with mag- gots, occasioned by the filth of the men who could not reach the sink; one night while the men were being ‘The Cunard mail steamship China, Captain Heckley, will leave Boston on Wednesday, for Liverpeot. ‘The mails for Europe will close in this ciby at a quarter past one and at half-past five o'clock this afternoca. The New Yoru Hunatp—Edition for Kurope—will be re- Ps a fe- | published at eleven o'clock im the moraing. Dene eed Cone ete ee nightibe could |- Is will contain a fell report of the testimony taken tm uot soe the blow, but yet mew of the occurrence. the trial of Wirz, at Washington; Additional detaits of The counsel, Mr. Baker, was several times interrupted by the Court, who to his mode of cross-exainin- ation, and be Analy declined to continue the crogs-ex- amination. TESTIMONY OF 1. D. BROWN. 1. D. Brown, captured at. Plymouth and taken to Au- dersonville, testified that on or about the 16th of May, 1864, having writtena letter to his parents, aud. bein about to take it to the letter box, hé saw a cripple wi ‘one leg who asked the sentinel to call Captain Wirz; the Captain came; the man asked him to let bim go out; the the operations of the Pirate Shenandoah in the Paoiie; An account of the wreck of the steamship Brother Jonathan and loss of three hundred lives; Impemaat news from Mexico; Late and interesting news from the South: Pacific.and Central America; A report of the trial ‘Olckestor, the Spirituali a Ratko meh porene important pamper pit of the past week. Single copies, in wrappers, ready for mailing, ox Captain never answered, but turued to the sentinel and | cents. said, “Shoot the one-legged Yankee devil: the shot was | ved, anda part of the man's head was blown off, i ‘; RALLY THE SYSTEM. he died in a few minutes; the blood hounds were luken ‘pftes Sigiasnne ae Been: uered, there is still the weak- ves behind it to be removed. Convalescence ted muir. It the enfeebled and flaccid muscles, the ahattered uerves, the thin and watery blood could they would cry for help. In too many cases auch help as im given them is uot of the right ind: | The ery stimu +4 commerce do harm. They kindle » tempora Tea mockery, ‘Their effect pusses, and the last state of hia who uses them is worse than the tirst. Not such is the eflect of HOS’ E'S STOMACH BIT- round every morning, Captain Wirz riding with them on horseback in company with the sone e witness had seen a man who had been lacerated by these dogs; when he went to Andersonville his watch and $176 in money were taken from him, and for one day the prisoners were deprived of food until they had arrosted about three hundred men, who from starvation had made a raid ou the supply wagous. 7 ir tor 5 TESTIMONY OF JACOB B. BROWN. TERS. Taore is no drawback to thei 4 Jacob B. Brown, a brother of the former witness and | Halsamic plants and barks and roots contr bate thelr Resusre, late a prisoner at’ Andersonville, testified that on the | parailona protective and. remedial agent. Its basis ia the 27th of July, 1864, he saw Wirz in the sentry box; when | bniy pure stimulant which bas ever been produced aman came’ beyond the dead line to get water Wirz or- ing no fusel otlor any other deleterious element. The most dered that he be shot down; the sentinel fired and killed | cx! fuland skilful chemists bave analyzed the Bitters, and Pronounce them harmless. him, the bullet taking effect in the head; the witness Seana et re ietiasny: bat the testineds af the mentioned another case for a similar reason; the ball | pundveds ot taoeeads bo have ‘experienced the preventive which was fired took effect in the man’s breast; he did | and curative elie of the dieat Vegetable Tonle and not see the man die, but had uo donbt the wound was | Alterative of tiodern times 14 sul more conctusive. Im fever und ague, dyspepsia, viliovisness, nr rq fatal; he had heard men threatened by Sapians Wirg, the latter said if the men did not fall int ja6 Yanks they would be shot down; the m6M asserdingly hurried into the ranks; the witness stated cases where the prisoners Were deprived of rations from the lat to the 4th of July, 1864. Mr. Baer declined to cross-examine the two witnesses (2 it ta an pearly ta: ch jg complaints it fe as “d tis taltible Porta ean be, "Sold overy- geteral debility fallible as anything ia here, New York office, 59 Canal street A Ready snd Condlu lve Test roperties of HEL, OLDS FLULD EXTRAC last named, having taken offence at the Court. He | Wil“be a compacisou with those set forth in the said I desired that my relations should be amicable with | Siates Dispensatury the Court; but after what has taken place I think I can be of no farther assistance to the prisoner by remaining any longer. Ibad hoped the mass of testimony in my possession would have — ‘The Court (interrupting)—Do you decline? your purpose? Mr. Baker—I must state that we leave the himself, Adolphe Fila What is A.—Marsh's Radical © rem Shoulder Braces, Silk Elastic Stockings aud Ladies * risoner to ‘The Coort—We don’t desire to have you AN Prizes Cashed in Legal Lottertes.— Judge Advocate Curemax—I should like to know | Circulars anddrawings seat. whether the counsel have abandoned the case. J. CLUTE, Broker, 176 Broadway. ‘The Court—We don’t understand that Mr, Schade has abandoned the case. Mr. Scuape—I have tried to stay here ax long as pos sible, The Covrt—Do you abandon the case ? Mr, Scuavs lieving we A.—" White's Patent Lever T pressure on the bac 4 rupture radien GREGORY & CO,, 609 Broadway. A Dollar Saved.—P. F. A wiveturers, Warren street, offer direct to rk row, their celebrated “Sea Lsland’* ade, except New York Mills—at $3 each follow the exarnple of my colleague, be. Smith & Fow- ot do anything more for our client The Court—Then you will taka your seat. We under- stand distinctly that the counsel have abandoned the case, Mr, Baxen—We do not, but leave him im the bands of the Court and the Judge Advocate. ‘The Covrr—Not another word from you; you are uow & mere spectator, Judge Advocate Currmax—I will try to adapt myse!f to the interests of the prisoner. ‘The Cour said—We will now adjourn if the Judge ad- vocate desires, to enable‘ him to take such steps 4s he may think proper. : The Judge Advocate assented, and at three o’eluck the court adjourned till t All Legal Lottery Prizes Cashed. Official Drawings, Civeulars and information sent. J. RK. CLAYTON, 10 Wall street, New York. Batchelor’s Hair Dye—The Best iin the world, Harmless reliabl {usientansous Theen ¥ perfect dye. Factory, 31 reek. Best and Cheapest—Miller’s Hair Dye. Try i. Large stxe 75 coats. Sold by druggists. Depot 66 Dey scree. few minutes to Lorrow. rs Life for the Hair Restores ie Base Ball. ENTERPRISE V8. ECKFORD. ‘Those clubs played a match yesterday on the Union ball grounds, Brooklyn, tho result of which was a vic- tory for the Eckford Club by a score of 21 to 20. We give the score below :— ROKFORD. ENTERPRISE. Players. Gram, 2d b. Players. E. Smith, 2d b. we 0. oO. R. a 403 Klein, int b 3B Cook, Lf. 2 8 * s % Leland, 1 .3 2 } Stockings, Bandages, * rina bet ty App f € ro ki -% 2] Milectricity Applied for the Cure o G. Vox, 34 a @ 15 1 | aiumsen hy be -CHAMBEBLIN, 60 Bond street. Swandle + 43 ee ehptiniaaansics: ui Fae | 2 | | Mmteebied and Delicate Constitatians b 4 BBL pe tai pores, tse etmnat We a os — | will give ores mt ugigetic teelings and caabie you w ewe 20 BS Ze é ® a] & s ° o roalway. Great Keduc 1, BISHOF Tisamii ‘The second nine of the Eck“ords play the Kuapire Cinb at Hoboken this afternoon, EAGLE VS. ATLANTIC. The match between these clubs—single game— which took place ou the Capitoline grounds yesterday, altiacted nuinerous e6. CHA COMPANY, vers in the Untied Siates of DOD, blage of spectators, the result being a victory fur the Atlantic: ATLANTIC. HAGLER, Players Shafer, ». Slote, Lf. Doremus, . W. Shater. ¢. Backles, Twe Yor sale by G. C. Ale oc below Canal street Grover & Baker's Highest Premiam Elastic stitch and Lock Stitch Sewing Machinas, 495 Broad monn? | pei abeiie O'Hrie, c.f 1 | oceartenianatsenenshteensesttiy Kenney, I. f. 2 Fluld Kxtgect Bacha te Pike, o,f. ) ;_ [ree (yom alt injurious proper- Sl anenese-e sid eet Howe Sewing Machine Co—Elias Hewe, dt., Presdeut, 629 Broadway. ‘Agena w ted. Total. men Total. . Umpire—Mr. Delany, of Che Atlantic Messrs. Moylem and Kelly THE MERALD V8. THK WORLD CLUBS, Quite an interesting game between the above named clvbs came of on Monday, August 2%, upon the Lone Star teen hoy City, which regulted id a vie- tory for orgie y & C018, to 12. The princi pal fstites of the treet toe y cashes mets 0 Hcquiiom, J. Moran, Devine, O'ensliaw, 0 Kourk: }oWan, and the home runs by Murphy, M, Moran Gatlagher. The batting of Murphy was excetieat, he having made a clean score, The fullowing is the seure.- WoR;D CLOR HBRALD CLOA, Scorers— ed Extract Ba- DLL RETIC. : D EXTRACT daRSaPA- Manoli, 7.2. 5. : Butler, ¢. f ‘ } es Tolls... 20... alaad : Clubs, . Bd, Bd, A’N, Sth, th, Teh. Beh. Wh. 7” 0 es ay as tee 3 [2 218 0 0 0 4 0 0 4 Umpice—Me, Birdsule, of the Union Club, of Store IS THE GREAT WEL bol Ss CONCENTR uche Gives Health to pallid . De many alarming Players. Or Players OR ied W, Consumptl ueanty or Opt Hicks, o. es. 1 4 Murphy, It b.. 06 Jones, ¢. £. 1 4 O'Brien, ©. f. 1600 Gallagher, Ist b..... 3 L au O’Penshaw, p. -3 1 6 @ McGowan, 2d b 41 a O'Rourke, db... 3 OL a4 [ana nny t : o Ela € oe es Gaughea, 8, O Dougherty, 2 1 3 Open Day and Night.—On and after fe Ru, bt 4 0 McCuliom, | vember 1 189, % nHELMBOLD, Droge, No. 800 @eea. > i 4 =. ney tl Lore: 0} TD veccveresce T WS WM, 1508s... Hh ee Day AND SIGHT, INNINGS, for the better accoMMOAation ot Puysicians and (hose re. Clube, Lite Bd. Bd. MOH, 5th. Oth. Th Wh. 9A. Total, | airing medicines World. -3 0012038308 12 Med vibed at night are ey lor urgeat Heralds... 3 0 6 8 1 48 BO 1s ~ igs tng Ny de ng Umpire Sherwood Billington, of N. Jersey. Scorors— tae Charles Sawyer, M. J. Cunningham. Fly catches, World 4, Herald 4. Time of game, two hours and twenty five minutes. Per venes of each, in the best retail drug sores, ~ BASK BALL IN WASHINGTON. Oey Wasminoron, Auguat 24, 1965, ee ee The graed base bali maich between the Athietic and bes himeetl ther obe- National clubs took place (bis aliernoon o@ the Presi- deot's grounds, ia the presence of the most numerous and brilliant assemblage over before gathered at a match outside of New York. Great interest was taken in it by hundreds who never saw a layed before, The game opened promisingly for a close contest, in favor ot the Nation but the clow of the seventh innings the score stood 60 to & in favor of the Athletics, and in the last inings (hey added 37 to the ¢ score, Sinally winning by « total 87 w12, No less thaa eighteen clean home ms were made by the Athletics, Berkinsiack scored eleven om four of them bein bome runs. The swift balls Williams were bit al over the field. He is the awiftest pitcher in the coun try. In the evening the Athletics were entertained with & vrand dinner at the National Hotel. The match the Atlantics to-morrow will be wit. nossed by the President. A meeting on important busi- ness prevented his secing the game today. To morrow the Athletics play the Pastimes at Baliimore. ‘The Athietics called ina body upoo the President this forenoon, but owing to the unusual number of applicants alead of them they were unable to obtain a 4. T_HELMBOLD, No. SM Brondway, New Vort, P. or Hemorr! using Dr, WITMER'S Medicine b Heference given highiy resp:e'aliie pervons in thie city, whe have bem cored. Agent for New York 104 Bowery = Lottery.—Kee OMietal st 18, on anothe: page Royal 1 ro} COSTIVENESS, HEARTBURN, ACID STOMACH, AND DYSPRPSIA, | Consti "8 EXTRACT BUC y hy ie Serongeh Teac fore tt E Debitfiated abow HELMAOLDS RETRACT ROCHE ee ew CANADA VS, THE UNITED STATRA. Tonowto, August 28, 1866 In the cricket match today Canada weat in frat and made mtg-three runs, United States then went io, o'clock, when the wickets were drawn, forty. ere made, four wickets down The play is to at ten A.M. to-morrow. The betting is ton on the United States. The Im roved “Slo Kiliptle sewt Machines, S87 Brotdway. Ave Py * wanted, A H. SUPLER. Wheeler & Wilson's Sewing Machines sold ta Brookiyu aad to rent by BH. ORATOB, M6 Palton street, Wheeler & Wilson's Locke Stiteh Sewe ing Machine aod Button Hols Machine, 626 Brondway, Wiltcos & Gibbs’ BLOOM doped by the leadi French families here ae superior to aay of the toral es tracts put up in Paris, Sold everywhere a vie, and @ a eli Tr aa a 7 Awoatness, secured by otras FoRWODEN H cates a to