The New York Herald Newspaper, May 17, 1866, Page 5

‘stocks. Shares have alsofalien. Eres 8 4934 and Hlinots Central 7734 a i. ~~ - Loxpon, May 6—P. M, Consols close at 66); 8654 for money, AMERICAN STOCKS, ‘United States five-twenties on a6’ twal Railroad 7534 a 75% ; Erie Railroad LATEST MARKETS. Liverroon, May 5—P. M. Corrow.—Sales to-day 7,000 bales, inciuding 1,600 bales te culators and exporters, The market is quiet and ed, Midd i uplands about 13,64. Baraveturrs. ¢ market is quiet and steady, Provisions. —The market is dull F ; Minois Cen- 3g a 474. THE SPANISH-CHILEAN WAR. Whe Capture of the Chilean Bark Alice Ward by the Spanish Gunboat Con- cordia—The Chilean Vesscl Drifts into the Enemy’s Anchorage, &c. {From the London Times, May 4.) ‘The Spanish serew sloop with the Chilean Bark Alice Ward in tow as a prize, arrived at Cadiz, after e of eighteen hours from Alsesiras, on the 22d Apri). The crew of the bark were landed on the 24th, and remained detained. Both vessels are stated to have subsequently left for Carraca, where a formal investiga- ‘ton would be entered upon. In reference to this capture ‘the Gibraltar Chronicle of the 24th of April say! Chilean bark Alice Ward, which on the 20th of February last ought refuge in this port from the danger ef capture by Spanish cruisers, and has been lying here ever since, has fallen into the hands of her enemies in a Jar manner, Between midnight on Saturday and light on Sunday morning she dragged her anchor, the wind being east, drifted out of British waters and across the Bay till her anchors again Brought her up in Spanish waters between tho two rivers, and she was Fagg taken posses- ion of by the boats of © «Spanish gunboat anchored in Orange Grove Bay. There are a variety of Fumors afloat respecting the occurrence, but the only au- ‘thentic information ts that contained in the depositions of She second mate, who was in charge of vessel at the time, the master being on shore, and of a boy on board the Alico Ward. These two left the vessel in a qmall boat when the Alice Ward was in the mid- @e of the bay, and pulled over to this side, It sppears from the mate’s statement that he went to his Derth at half-past ten, leaving orders that he should be @alied if anything particular happened. One lookout man, relieved at intervals of one hour and twenty min- ‘wtes, formed the night watch. The Alice Ward was Tying in four fathoms of water, riding at a single anchor ‘with thirty fathoms of chain veered out. About three @olock the lookout man called up the mate, saying he henght the ship was adrift. The mate immediately went on deck, and his own observation confirming the man’s report he turned out all bands, veered out fifty fathoms of chain to the port anchor by which the had been riding, let go the™ starboard sixty fathoms of chain, and tried to find bottom with the lead and twenty fathoms of line, but without success, The extra chain @4 not cause the anchors to hold, and the vessel con- Minued to drift. As the mate supposed the vessel at this @me to be about half way between Gibraltar and Algeciras, she must have drifted far from the baak on this side, ‘and there was, therefore, no chance of her anchors fteuching bottom. On looking over the bows the mate discovered a Spanish guarda costa row boat @r scumpavia, with eighteen men and fourteen ears. The people in this boat were examining the fides of the ship. with lanterns, On being asked the mate what water the vessel was in, the reply from scampavia was that there was plenty of water— meaning, perhaps, that the ship was in very deep water, ‘end that the waters were Spanish. The scamphvia after ‘this pulled away in the direction of the Spanish gunboat anchored at the Orange-crove, and we may suppose, Wherefore, that her crew, by the aid ot their lanterns, tbed ascertained the name of the vessel, and finding ‘shat she was the Chilean bark which the Spanish Gov- ernment had ordered to be §} ly watched, hastened to ges intelligence to the gunboat believed to be charged that service. At about four o'clock, no Spanish ‘beat being alongside or in sight, the second mate and a Syst into the aes small boat and pulled over to tar. The ip continued to drift until her an- ers brought her up in the shoal water on the opposite ide. At daylight she was seen riding at anchor between Ghe two rivers; at about a quarter before six boats from the Spanish gunboat in Orange Grove Bay boarded her, and shortly afterwards the Spanish flag was hoisted over the vessel. There is nothing in all this to cause any Barprise except the the circumstance of the vessel's drag- — anchor when it was not blowing hard, although Were occasionally stiff squalls from the east, and when all the other ships in the bay tay securely enough @ their anchorage. The cause of the unfortunate -ex- in the case of the Alice Ward is believed by the ities of the port to be this:—The vessel had been siding for some time atasingle auchor. It is known ‘shat such a practice in this port {s attended with danger. ‘Phe flow and ebb of the tide and calms or variable winds Fp) vessels to hain fouls @f wind causing a strain upon the chain brings the an- @er out of the ground, and the vessel drags DESTRUCTIVE FIRE IN BROOKLYN. A Cotton Packing Establishment Totally Destroyed—Loss One Hundred Thousand Dellars—Two Hundred and Fifty Per- sens Thrown Out of Hmpioyment. AB quarter-past cight o’clock yesterday morning a Ore Breke out in the cotton packing establishment of F. B. Braachard & Co., situated on the corner of Van Brunt street, and extending from Irving to Sedgwick streets. fhe building was a two story brick, one hundred feet rout by one hundred and fifty fect deep. At the time te fire was discovered there were about sixty hands at work, when oneof them saw flames issuing from a cotton gloker, situated in the northeast corner of the building, on fhe fret floor, There were no water appliances near at Band for such an emergency, and in less than a qnarter em hour the whole building wae wrapped in flames. prompt efforts of the firemen to quench the fames almost fruitlers to ave the building, and they @eerefore turned their attention to saving the adjoining iy. In about one hour from the time of the first the spacious establishment, with all its con- tents of stock and machinery, was desiroyed. The fire, 96 fe eald, was caused by friction from some stee! cotton whieh, coming Jn contact with cotton, created in the yard connected with the factory ‘wan a large »mount of cotton, which also fell a prey te the devouring element. the cotton house is the large tobacco factory a & at whose establishment was damaged @@ tae extent of $10,000 water and smoke. The of this building pote aaa due to the efforts of Department, A building on the corner of Sedg- runt A PAST YOUNG MAN—ALLEGED ROBBERY OF HIS EMPLOYER. Boandsman Roberts, of the Twenty-ninth precinct, yesterday arrested William H. Marsh, a lad sixtecn years @f age, recently in the employ of Messrs. W. J. & J. E. Waderwood, No, 2 Bowling Green, on the charge of hav- Es eens run to. escape, ‘and all the accused parties were for examination before Justice Dodge. THEFT OF A HORSE AND WAGON. Cornelius Nyall, a cracker baker, living in Bighty-Afh (arest, near Sixth avenue, was arrested by officer Maho- Bey, of the Nineteenth precinct, on the charge of steal- fag @ horse, wagon and harnces, valued at five hundred ‘Getters, belonging to William Ga! > Teelding north- ‘corner of Third avenue and Fifty.sixth street. | Mr. ‘was at the Fenian meeting in Jones’ Wood on and ry Jeavi caeght the eo yt og wagon . tas _ ey “ ye tho coveeedl se Tor trial default of $1,000 w York and Hoer- SUPREME COURT—OIRCUID—PART 11 Before Jodge Forter. William Framer and other: 0. The New York and Har- {wm Railroad Company —The complaint in this suit states (hat on the 7th of October, 1866, while plaintiff's servant was Griving acrons the track of the defendants at Fifty- epeed and struck the wagon, killing one of the poy injoring the driver. to the two thousand dollars are claimed. This action Wrought to recover for the 11 Petition for a N lew Injunction Against the New Orleans and San Fran- cisco Telegraph Company. Affidavits of Thurlow Weed, John W. Forney, Charles L. Fros HOW TO OBTAIN t and Charles A. Secor. GOVERNMENT GRANTS, Alleged Sharp Practice by a Noted Lobbyist. &e. &e. &e. Superior Court—Special Term, Before Judge Jones, Charles A, Secor etal vt. Thurlow Weed et al.—This case was again up before the special term of the Superior Court on anew motion for an injunction against the de- fendants, restraining them from selling, transferring, or iuany way disposing of or incumbering more than five- sixths of the entire interest in a grant of Edwin M. Stanton, Secretary of War, for the construction of a new telegraph line between ibe cities of New Orleans and San Francisco, The grant of Mr, Stanton is said to be one of great value, including forage in constructing of tho United States transportation, subsistence and the line via the various forts along the northern boundary of Mexico and Texas. The question, it will be remem- bered, was before the co uurt before, and decided in favor of Thurlow Weed, but is now brought up again on an amended complaint and several affidavits, including one from Colone! John W. Forney, Clerk of the United States Senate. THE AMENDED COMPLAINT represents that the plaintiffs, through Charles A. Secor, their agent, agreed with sand dollars towards the defendants to furnish ten thou- formation of the line upon ob. taining from the War Department permission to construct the same, and such other aid as might be available; that the grant was to be for the mutual benefit of plaintifts and defendants; that in October, 1865, the defendants obtained fraudulently and secretly the desired grant from tho War Department for their own benelt, ignoring the rights of the p in violation of their laintiffis; that the defendants, agreement, and not regarding the interest of the plamtiffs or providing for the same, have, as the plaintifis are informed and believe, offered to sell, transfer and assign the whole of the sald grant to the’ American Telegraph Company, representing to the said com} owners of the said grai ny that they, the defendants, were the sole int; that, as the plaintiffs are in- formed and believe, the price offered by the said com- pany for the said grant is two hundred thousand doliars; ‘and the value of the sai id grant is much more than that sum, to wit, the sum of one million dollars; that the plamtiffs have not in any way consented to the said sale, and are unwilling that it should be made; and thut if it should be made the plai the said grant. War, and refuse to admi or control over the sami performed all condition! intitts will lose all the benetit of That the defendants unjustly claim to be the sole owners of the said nt of the Secretary of it tho plaintiffs to any interest in ie. That the plaintiffs have daly # precedent on thelr part in the said agrocment, and have always been roady and willing, and have duly offered to furnish the sum of ten thousand dollars aforesaid toward the formation of a company for the construction of the said telegraph line, but the de- fendants have heen unable or unwilling to do anyth! in that direction, That means, and are entirely the just demands of the tiffs demand judgment the defendants are men of su unable to respond in damages to laintiffs, Wherefore te plain- 1. That they be declared enti- tled to one-sixth of the entire interest in the suid privi- loges granted by the Secretary of War. fendants, and each of th 2. That the de- em, their servants and agents, be restrained by injunction from selling, transferring or in any way disposing of five-sixths of the entire THE or incumbering any more than interest ju the said privileges, ARGUMENT. On the hearing yesterday Mr. Sidney W. Cooper, coun. sel for plaintiffs, and Mr. Clarence M. Seward, counsel for defendants, argued the case pro and con. Mr, Cooper, among others, read the foliowing affida- vite: AFFIDAVIT OF CHARLES A. SECOR. Charies A; Secor, being duly ewworn, depose and saya that he risides in the city of jew York, and that he is the father of the plaintiffs herein; that some time in the month of August, 1865, to have an interview Charles F. Secor requested me with James L. Pond, one of the defendants herein, upon the subject of procuring from Hon. EF. M. Stanton, the Secretary of War, certain privi- Jeges and ad government in afd of a State of California net sought and o L. Pond, at his offi ust, 1865; at this ‘antages from the War Department of the Projected enterprise for building elegraph ine from tho city of New Orleane, in the of Loulsant, to the oity of San Francisco, in the im pursuance of such request depo- ned an interview with eaid James No, $0 Brondway, about the month interview Mr. Pond stated to me thas he and his associates were desirous of obtaining from the War Department aesistance, aid and roilitary protection in butiding axsociates, Edmond taid telegrapi Green, was quite impatient in ine; that one of 1 getting the néceseary papers, and that said Greene was the originak projector of the enter and that he and Greener were cociope that T otk wets them at Wasb- 50 as to ©: ing pedite the movements of Mr. Weed, and give the matter such attention as would get the nv Mr. Stanten ax soon as possible, Takka ie Fond if he and his associates had an: tween themselves, upon which he pi agreement signed by the then among other things, defined rules thereto; btiy ip the project, i the res of ua; T told ent be- juced a written jarties in interest, which, e interest of tbe several there offered me an interest ‘ome in on the same terme as him that I would serve them on behalf of my sons (the above plainti™), and that it must be understood that It I represented any interest it would be theirs, that their interest must be settled and remain & permanent one; that I could in New York and go on to Washington without ful understanding their (plaintiff’) balance of him if the to my going to Washiny would be all right, and that and agreed with Mr. ©. F. not leave my busin Py Lge 1 La jen were wi Pog) replied that reen already spo- Secor; | made inquiries ken about Riley and Conant, not knowing them; he told me that Mr. Riley was would be in a m’ says thal after baving led to Washingtol or, and the defen personal friend of his (Vond's), and jure controlied by him, and that Co- munt only held his interest in trust. ‘an interview with the plaintiffs he ent further nat the request of plainty, C. F. Green, Riley and Pond; the they wanted morn! 1 arrived in Washington 1 met Mr. Pond, Mr. vat Hota; Riley and Mr. Green at Willard’s Mr. Weed, who was then there, and informed a] a] 23; 2: = E23 te eit s Fates ire i z & 2 | HI 34 i ent that the space ent and found Mr. Weed waiting to see Mr. Stan- I bad Mr, J. W. Forney to accom) that be was there for the tod iy me, who rpore aid to Philadet- : : 8 E i az 3 : ae i u ae he told me that the necessary papers wore being 5 s § aeHge et Hee eecheets 3 3 tind itn x Hi E be eatisied with 000 further says Mr. Green in bis sons’ office frequently, and they iniormed ith other partios, andi that the interest I repre- tating w BF & 2 a] 3 8 £ i g 3 Me pn te basis above stated. in the habit of seeing daily, and Mr. Riley very that they were nego- sented should be fully protected. APFIDAVIT OF OHARLES L.. Charles 1. Frost, of and o i's F, Secor, and others, Washington to build a Ii Prost. the ety of New York, being daly President of the the city of New Orleany t@ sme point on the Pacific the several forts of the United Sta coast, via borders Mexican Territory and Texas, and that he, eres Coco ae Secor, desired to tnterest the deponent to the depourat in other individuals com Would become one organized for tbe purpose , and con (0 aid im the said enterprise W all was satisfactory to de. ponent after the ste from the War De- partment and with parties 5 that a few days after the time frst above mentioned, Wm. H. Secor, one of the sons ‘named, of the Charles A. Secor, de} at hie hom he introdu ‘Jointly interested with ference to the grant and promised ai ing to all the arguments of the said Riley the great utility and practicability of the said route for a telegraph line, and atter examining carefully the charts ‘and maps presented, the Ay gprs declared to the Secor and Riley that he, the deponent, considered the project to be feasible, and that the grant and promised aid from the government of the United States were very valuable; and the deponent then and there proposed to organize ‘a company at once with a capital of $2,000,000, with $100,000 paid up capital; and the deponent further stated that he, the deponent, was willing to become one of the corporators and desired to take one-tenth part of the capital stock and pay his, the deponent’s, assess ment of $10,000 at once; and that then deponent asked the said William L. Riley “how many of their party were willing to go into the enterprise on that basis;”? that the said Riley thereupon answered that disapproved of the deponent’s plan because and bis party had no means; that they desired to organize 80 that they could receive bonds and stock for their rights without paying in any money; as the depo- nent understood from said Riley, and from Conant, who was afterwards introduced by the said Riley, that they, the said Conant and Riley had no money to invest; that the deponent thereupon replied, “You cannot expect capitalists will furnish the money’ for this work and at the same time give you an equal share of the profits or representation in the company; if you have bo money you must take a back seat;!” that the deponent therenp- ‘on proposed to give the said William H. Secor and Charles F. Secor and the said Conant and Riley, and the other in- dividuals associated with them in the aforesaid enter- prise, $700,000 of the capital stock of the said telegraph company, upon condition that they would not offer any of the said stock for sale until the line was completed ; that the said Riley thereupon replied, “This,” meaning the above mentioned proposition of deponent, “will not dome; I want something upon which I can realize at once;? that this deponent then proposed to deposit $100,000 in bank as security for the construction of the said telograph line if the deponent’s said proposal should be accepted ; that this proposition was also rejected. and that some time afterwards the said Conant and Riley, and the other individuals interested in the aforomen- tioned grant, pro) to tho deponent in writing that a company for the construction of the said telegraph line should be organized, and that a mortgage be made of $750,000, and that deponent should give them one-balf of the whole number of bonds for their rights and in- teresis in the said grant; that deponent declined this offer; that the said Conant and the said Riley repeatedly declared that “ihey had uo money,” and that it would be necessury to inier’st capitalists in order to secure the construction of the said telegraph line. THURLOW OVERWHELMED IN POLITICS. Mr. Frost, in a subsequent affidavit, represents that ne called upon Weed for the purpose of arranging for the organization of the company, but Weed deciared he was too busy to attend to such ‘matters; that his (Weed’s) head was full of politics (it being just previous to the State clection), and that he (Weed) would be satistled With whatever arrangement he’ (Frost) might see fit to 0, AYFIDAYVIT OF COLONEL JOHN W. FORNEY. John W. Forney, of said city, being duly sworn, de- poses and says, that some time in the month of August, 1865, Charles A. Secor, of the city of New York, being at that'time in Washington, applied to deponent to acco! y him, the eaid Secor, to the War Department of th Gaited states. in naid city, for the purpose of assisting him, the said Secor, the Secretary of War for assistance in constructing line of magnetic telegraph from the city of New Orleans to the city of San Francisco via the several forts of the Uni- ted States upon the northern boundaries of Mexico and Texas; that the said Secor informed deponent then and there that ho was acting for his sons, Charles F. Secor and Wilfam BH. Secor, above named, and that if he suc- ceded in obtaining said grant from the War Departinent his sald sons were to be jointly interested with Thurlow Weed and others in the enterprise; that when deponent arrived at the War Departinent, he eaw said Thurlow Weed there, and said to said Secor, “Let me speak to him (the raid Thurlow Weed), and tell him my business hore is to help you (the said Weed and recor) to obtain authority for this work,” which deponent accordingly did, when the said Weed said there was no necessity for his (deponent’s) waiting, as he, said Weed, thought he could accomplish it himself, in which case he, said Weed, said that be would see that Mr. Secor's intercsts were cared for, but that they had better wait, so that if he should need them, he, the said Thurlow Weed, vould call for them; that deponent informed said Weed that he was desirous of going to Philadelphia, and could not conveniently wait; that the said Weed re- quested deponent to remain a day longer, adding that If pons yep racons services were needed, he (Weed) would send for deponent; that deponent, not hearing from said Weed, departed for Philadelphia; that di nt learned afterwards from said Charles A. Secor it he (Secor) and the said Weed had been successful in obtaining the grant, and that bis (the said Secor’s) sons above named were Jointly interested with the said Weed and others. TRE OTHER SIDR. At the conclusion of the reading of the above Mr. Clar- once M. Seward read a number of affidavits, among which were the following :— AFFIDAVIT OF THURLOW WEED. Thorlow Weed, being duly deposes and says:— Tam one of the defendants in this action; I have read in’ making an application to a grant of ald and what pat to be a copy of an affidavit made in this pra gna ain titts berate, worn to upon the 3d day of March, 1866, before John Hayes, N Publi yr of them has or deny that the said plaintiff or has bad any interest whatever in any grant or concession made by the Secretary of War of the United States to the defendants in this suit, or any one or more of them, in reference to a line of tel from New @rleans to San Francisco; on one , when Iwas in the city of Washington, prior to the og, he | the defendants from the Secretary of War of the United States of the letter bearing date Oct. 16, 1865, in reference to said telegraphic line, Charles A. Secor, named in the sald affidavit of the said plaintiffs as their agent, came to me and said to me that he understood an application bad been made to tho War Department for a concession for a telegraphic Iii from New Orleans to San Franciaco, and he, raid Secor, wanted to be interested in it; I replied to him that I bad no authority in the matter, and was not myself an original party in it; but that the other gentlemen inter- ested in it had spoken to me about jt, and that at their request I bad made the application to the War Depart ment, and that perso should be very glad to see him, said Secor, intes in it; subsequently one of the plaintif™ in this suit, bat which one of the two it was I did not and do not know, called upon me twice at the Astor House, in the city of New York, and said to me that some of the parties joined with me in the conerasion were bad men, and that other esl ought to be brought in; Trephed to him always that I was an outsider my- self and had no control over the question whatever, 1! foregoing interviews and conversations with the said Charles A. Secor and with the said one of the plaintiff are the only conversations and interviews that I ever had with the sald Charles A. Secor of with the plaintiff or either of them in reference to the subject matter set forth in the said affidavit of the said ey of them or with the sad len berchernpedggi apaieborhengrnnes oe nor was any such agreement ever made by any witht he raid plalnt ffs or either ot them, or with naid Charles A. Secor by my authority, direction, consent, or acquiescence; Ihave never made any agroemen or arrangement with my co-defendants or wi! one or shone of (yam, 8 SE oie Sener, |, OF with the said: re tae edit «Rag ag ned persons at any time directly or personaliy, roug! any agent; that the plaintiffs or ‘chther of ‘them should furnish the sam of $10,000 or any other sum, or shoud give their ‘tot or the personal influence of either towards the formation of any company to line of magnetic oe . bo jutely, of upon any contingency whatever; por apy cgroemeot with the plaintiff or either of them, or with the said Charles A. Secor, or with any other person, nor did I ever authorize any one to make any agreement with the plaintiffs or either of them, or with the said Obaries A. Secor, or with any other person, that I of any one or more of my co-defendands would procure from the War Department of the United States aby or apmistance for the joint or mutual benefit of the plaintiffs or either of them, and of the obtalat fi 1 “tan “toa ‘Seoretary of War of the ining am om United ‘tates fn writing, in any secret or fraudulent manner or attended by stances; I also deny tl either of them i obtained by the ‘ar of the United States was secured ; I also deny that I States, ruch oy plics: tio Deing in writing and egndd oe oe oe ere sry eS application ane recsive oon an a Wer veins Ae ma “the only grantor document of any ent on the subject of such ph line; ey ae said plaintiffs or etther of t! ‘has or had any interes! whatever in said grant or con- yy the said Fond, the said Secor having been met by us there on that occasion accidentally; after said in- troduction, the said Secor, being in company with the said Green, the said Pond and myself, referred in con- versation to the telegraph enterprise before mentioned, and a ked me if we required any aid in obtaining the con- cession ; in reply I expressed to the said Secor my surprise ‘at learning that he knew anything about any application having been made for any such concession ; he proceeded d to me that ho was well acquainted with Jobn W. Forney, and bad @ good deal of influence with him, and could got a grant from the President through the said Forney, and get It atonce; I replied to him in the hearing of the said Green and Pond, and in very emphatic lanyuage, that we did not require his influence or aid, or that of any one else, and that we had got ail the influences we wanted with the War Department; on Wednesday, the 27th of September, 1865, the said Groen, said Yond and myself being in Washington city met the said Charles A. secor accidentally in the street, when he requested ug to call upou him at the Metropolitan Hotel in the aid city on the ame afternoon; we did so and had an interview with hm that same afternoon in his room at said hotel ; the said Secor then and there stated to us that ho wanted to know what interest he was to have in our tele- graph matter; I replied to the said Seoor, in the hearing of the said Green and Pond, as follows:-—“I told you in New York that you could not have any interest in the concession, and that we did not require your aid in ob- taming it;”” I also stated to the said Secor in substance that all that we required had been promised to us, and that everything was settled except as to the details; tho said Secor replied that he did not expect any inter est in the concession, and that the parties who were ac- tive in obtaining the concession ought to derive all the benefits from it; at the same interview the said Secor stated that he would like to become connected with the enterprise which should grow out of the concess.on, and to have an interest in any company we should form to carry out the enterprisa; I replied to the said Secor that our plans were uot matured and we could promise him nothing definite at that time; our interview with the sald Secor then terminated; in’company with the said Green I had two interviews with the sald Secor about a woek after the said interview at Washington, which two interviews took place at the Astor House in ‘the city of New York, where the said Green and myself were then residing, and were on two successive days; all that took place at such interviews was desultory conversation in regard to what influence could be brought by the said Secor to aid in forming a company to carry out said en- terprise, and in regard to what amount of stock out of a capital of six millions of dollars the influence of said Secor could be rated at if such a company could be formed, and if its capital should be six millions of dol- lars, aud if he should exercise influence in getting up should be exerted by tho procurement of the parties to whom the said concession was made the said Secor seemed to With $400,000 of took no definite shape or point, never resumed after that time; th before set forth are the only ones which I ever bad with the said Charles A. Secor, or with any ono representing the said plaintiffs, of either of them, on the subjects re- ferred to in the sald aflidavit of the said plaintif's, and I never had any conversation whatever with elther of the Plaintits upon any of such subjects until after the plaintif, William H. Secor, had made some protests to Mr. Cam bridge Livingston against the action of the defendants in this suit, when I, in company with the said Gree called upon the said William H. Secor, and then learned from him that he claimed an interest in the concession, which was the first information I had ever had that he or his co plaintiff or the said Charles A. Secor claimed any such Interest; I never saw the said Charles A. Secor unti! the 23d day of September, 1865; I have never au- thorized any person on my behalf to’ make any agree- mont with the plaintiffs in this suit, or either of them, or with the said Charies A. Secor, in reference to the matter set forth in the said afidavit of the said plaintifts, nor Was'any such agreement ever made by any person with the sald plaintiffs, or elther of them, or with the said Charles A. Secor, by any authority, direction, con- sent or acquiescence; I have never made any agreement or arrangement with my co-defendants, or with any one or more of them, or with the plaintiffy, or cither of them, or with the said Charles A. Secor, or with any other per: fon or persons, at any timo, directly or personally, or through any agéat, that the plaintim™, or either of them, should furnish the sum of $10,000, or any othor sum, oF should give thoir personal influence, 6r the personal’ in- fluence of either of them, towards the formation of any company to construct any line of magnetic telegraph, absolutely oF pon any contingency whatecever: I never made any agreement with the plaintif—, or esther of them, or with the said Charles A. Secor, or with any other person, nor did I ever authorize any one to make any agreement with the plaints, or either of them, or with the said Charles A. yr, or with any other person that lor any one or more of my co-defendants would procure from the War Department of the United Statos any permission or assistance for the joint and mutual beneit of the plaintiff, or either of them, and of the defendants; 1 y that lever obtained or took part in obtaining any grant from the ‘of War of the United states, in writing, in any secrot or fraudulent manner, or’ attended by any secret or fraudu- lent circumstances; I also deny that I ever assured the plaintiff, or either of them, that their interest in apy grant obtained by the de- fendants from the Secretary of War of tho United States was secured ; I also deny that I ever assured the said Charles A. Secor that the interest of the plaintiff was provided for in any way; I never offered or took part in offering to sell, transter or assign the whole or of any grant obtained by the defendants from tary of War of the United States to the American Tol ph Company, nor did J ever inform the plaintifs or her of thein that the defendante or any of them had de any such offer; until I read said copy of raid am davit of the plainufts I never heard of any offer by ther or either of them to furnish ten thousand dollars or any other eum towards the formation of any company for the construction of any telegraph line; I deny that the plaintiffs have, or that either of them’ hax any interest er ™ any grant obtained by the defendants from the Secretary of War of the United States. THR GRANT OF SECRETARY STANTON. Wan Daranrmxst, Wasmivaron, Oct. 16, 1566. Grxtimune—Your letter of the 80th September in re lation to lines of telegraphic communication proposed to be established by you has been received. In view of the advanta; the service of a telegraphic communication between the milit posts on the proposed route of your line, instructions will be given by this Department to af- ford protection im the construction of the line, where it may be needed, to such extent as may be within the power of the commandants of pox! also to furnish such subsistence, transportation and facilities as may be reasonably required, without prejudice to the service. Your obedient servant, EDWIN M. STANTON, Secretary of War. Mesere, Tuurtow Ween, Wruuam R Ruury, EK. Gueew, Geonar Covaxt and Jamra L. Poxp, New York. After reading these affidavits Mr, Seward raised an objection to the adminsion of the affidavits of Forney and — the ground that they were not property authen- u Judge Jones decided that the affidavits were not pro- fof! Sym ay and therefore could not de received yu Mr. Cooper thereupon asked for Peete ome ogy | ate give him an oppor- tunity to have Affidavits in question prepared in manner that would constitute them logal evidence. ‘This motion was granted, and the case was adjourned outi! next Saterday morning. Coart of General Sessions. Before Judge Russel. A GANG OF HIGHWAY ROBBERS SENT TO THE STATE PRISON. The most importent indictment on the calendar yee. terday was on@ charging Thomas Golden, Michael Gaff ney and Patrick Deviin with robbery in the first degree. The complainant wae John W. Pickett, an employe of the Hudson River Railroad Company, who, at an early hour in the morning of the 24 of April, while waiting for his breakfast in s saloon om the Tenth avenue, near the depot, was attacked by the prisoner. Gaffney dealt him a powerful blow im the mouth, Golden taking bim by the throat and Devitn seizing him by the handa White struggling with them they atiempted to seize his watch, but failed im taking it from his pocket, The cries of Pickett for belp were heard by the proprietor of the raloon, who came to his resene, and the prisoners ran away, celui pnogeading 10 taking eighty conte in currency ' Three police rm arrested the prisoners hoon afverthe atlark, and they recelved information that highwaymen, of whom Golden was the leader, bad that same ninth sree. Gainey and ended guilty to the ninth sired. Deviin wilty to the charge, ant Ju Basel conteuced cach thew to the State Priva for @n years. Golden refused te plead, and was tried ty a Jaty but im consequence of certain eval Uchnicalitien, could only be of an assenit with intent to ‘The maximum bment for this five yoars, the City Judge remanded Golden, 1n order Goat the prosecuting offcer may try him on sooibet indietinent, 00 that the Court ean punish leader of this at least ag much severity as he did bis young DISHONEST SERVANT GIRLS SENT TO THR STATE PRIRON. ity Lo am Indiciment to grand here ne wi mtealing one hundred and thirty-4ix doll Worth of ladies’ wearing apparel, consisting © @ mink loaks, we. the property of Mra. Sialer, 906 Fifth stfeet, on’ the 14th of April, She pawned the afticies for ten dollars, and gave infor. mation as &@ where the property could be found, This prisoner i# tell Known to the police authorities as one of moet Abt servant girls that they have had theirwurveiBance. She baa robbed a number of fainihes where sha has been employed as domestic. The Coy Jodge pat of the way for some time by sen tencing her bo the Prison for five yearn. Jalia Gilder & eeiored — pleated guilty to an Attempt at grand larceny, stolen fifty-six dollars worth of ted linen frotm the of Mee Wood, ia Wont T ftth street. She was sent to the Bate Prison for t¥o year and six months, George Cifwm, @ho stole forty-five dollars worth of clothing from Henty Harty, No, 2 Henry street, on th 17th of Aprh, pi lity to an attempt at larceny, aod waa sont to the Po fompne year ANOTHER Sumaosd aan Ficnrockmr. Anson wi cen the pocket + pS eedepen'ef a wel whe viding = . ire avenes car, pleated wo petet larceny fron Be Gel remanded for eeunence ALLROED Ce AMBAULY UPON a¥ OFFICER. Jobe Galvis, - fow an atime Wo -Lort oticer W. T. Ackermen, of the Twemietb wreciaet ob Lue Placed on trial, It appeared from the that the accused. wun creating a dis turbance on the Tenth avenue, and that be bit him “gently” with his club, and that subsequently a piitol shot was fired from the door of the house in which the ner'was secreted. Ho could not swear that it was alvin who fired it, apd as there were ottier men in the house, which raised a doubt th the ease, the jury gave the accused the benefit of itand acquitted Lim. THE FORTY-THIRD STREET ROBBERY. A Butcher Arrested on Suspicion of Being Onc of the Hobbers—His Identification by Two Witnesses—Investigatiun Be- fore Justice Connolly, &. Since the assault on Mr, John H. Higgins, in Forty. third street, on Saturday last, and the forcible taking from his possession of a carpet bag containing $16,450 in ‘Treasury noves and fractional currency by two highway men, as reported in last Sunday's Herat, Sergeant Mur- phy, of the Twenty-second precinct, and other members of the Police Departinent have bean actively engaged in search of the robbers, Yesterday officer Whitman re- coived information which induced him to believe that Reinhart H. F. List, a butcher, living with his parents in Eighth avenue, near Fifty-fourth street, was one of the parties engaged in robbing Mr. Higuins, proceeded to Washington market, where he is engaged In business, and arrested him, List exprossed groat sur- prise when informed of the charge against him, but, pro- testing bis innocence, quietly proceeded to the Forty- seventh street police station, He was there confronted with Moritz Julius Lachman and Maggie Simpson, who identified him as being In the iminediate vicinity of where the assault was committed, and Lachman swears to seeing List assault Mr. Higgins. The prisoner was yesterday arraigned before Justice Connolly, at the Fifty-seventh street police court, where the case was parttaliy investigated. Below will be found copies of the ailidavits presented before the mngis- trate:— AFFIDAVIT OF MR. HIGQIN: John H. Bigeiu nth avenne, between 4, made a deposition notes and fraction! were stolen from him by List and two others, pntinuation, he sald th Saturday, May 12, between the hours of haif-past and twelve o'clock noon of said day, depo passing on the northerly side of West Forty-third »t in a direction from Eighth avenue to Ninth avenue, anc that when about midway between sald avenues, and while passing a space upon which houses are built on the rear part of he lots for a tance of two bu feet or thereabouts, and which lots are enclosed tn {rc by a fence, deponent observed n man standing near said fence, and that deponent.cun identify #aid man if seon by doponent again; that after deponent had passed a two beyond the place where said man so stood recelved a sudden and violent blow near his rig which staggered deponent and nearly knocked depo down; that upon recovering his balance deponent was seized upon by another of Kaid mon, who grasped de- ponent’s neck under his (gid man’s) left arm, and held deponent with deponent’s head downwards, ‘and bent forward in a stooping position; and that said man, while #0 holding deponent, struck at’ deponont’s face with his right hand; that while deponent was #o held, detained and confined, another of sald men seized upon said car- pet bag containing sald moneys, and by means of force and great violenc’, aud in despite of deponent’s utmost efforis to retain postession thereof, did wrest and wrench anid carpet bag from deponent’s grasp, and that depo- nent was thereupon releated; that deponent then saw a man whom deponent verily believes to be the said List in the act of casting the sald carpet bag {nto a butcher's cart then standing In the middle of the street immediately opposite the spot on which deponent had been #0 assailed as aforesaid; that said List and said two other men thereupon sprang into said cart and drove the horse attached thereto at @ furious rate of speed, and was pursued by deponent for a great distance, and until said cart was lost to deponent’s might. EVIDENCE OF MK. LACHMAN, Moritz Julius Lachman, residing at 311 West Forty- fourth street, being duly worn, de and said :— ‘That on Saturday, the 12th day of May, 1866, at about the hour of twelve o'clock noon of said day, deponent saw a man, whom deponent can identify if seen again by de- went, in West Forty-third street, between Eighth and Mints "avenues, and. that deponent saw said man strike John H. Higgins (now here) with bis fist in the face of said Higgins, and saw said man throw his arm around the neck of said Higgins and hold the head of said Higgins downwards; that depouent then saw the prisoner Reinhart H. F. List| approach from the opposite side or middle of the street; and deponent saw sald List then and there strike said Higgins upon bix head a blow with a weapon or implement in the form and semblance of « ‘‘slung-shot,”’ the same being a ball with a bandio, rently or leather, or other flexible substance attached; that immediately thereafter said List and said other man whohad first struck said Higgins sprang into a cart in which another was peated, aad ‘sald three men thea drove rapidly away In waid CK OF MAGGIB SIMPSON. Maggie Sim of 231 Forty-third street, being aly sworn, deponed “that on the 12th day of y, 1866, depouent saw the prisoner, Reinhart H. ¥ List (nowhere), in the neighborhood of deponent’s said residence in West POrty.third street, betwoen Eighth and Ninth avenues; that deponent’s attention was at tracted by the conduct and demeanor of said List in re- maining and loitering about the immediate vicinity of said premises for @ great length of time during the morning of sald day; that deponent first observed said Lint about the hour of baif-past eight or ni o'clock on said mrning, and that he was t seated upon the stonework foundation of a ra ling iu front of a row of Louses, Handing back from aaid street; and that deponent saw said List at the samo place and in the fame position at different times up to about the hour of eleven o clock on the morning of said day. Connolly committed the accused for examination, Lint, who ina very respectable appearing young man, twenty-one years of age, ia in the employ of Mr Henry Harnmond, 227 Merchants row, Washington Market. List claitns to have been far distant from tue scene of the robbery at the time it was committed, and rays be has unitnpeachahle witnenses to show his innocence He say" he went to Hunter's Point on Saturday, returned the day following, and giille riding up town on one of the University plac the driver informed bum of the robbery. THE MURDER OF CHARLES CARSON. \! nm of the Trial of Dr. Henry Otto Claus for the Marder of Charlies Carson— "s Charge. AND TERMINER. Before Judge Ingraham. The reeumption of the above interesting case was called on yesterday morning at balf-past ten o clock, at which hour the court was crowded to excess in every After the summing up of the counsel for the prisoner and the address of the Aguietant Distriet Attorney, Judge Tngraba:n charged the jury in substance as follows — Geerumaxs of tie Juny—You have manifested much attention to this trial during ite progress, and which has bow |. The several questions before you are important, and you will, of course, as men swore on Your oaths to do justice, proceed to the investigation in 8 manner becoming the importance of the case, The first question you have to consider is whether there was any premeditated killing, and with mallee aforethonght ‘on the night in question. Secondly, whether the act wan committed by the prisoner. Thirdly, whether it was done im the heat of excitement and in an unguarded Moment Fourthry, and tn the comm of wach act whether the prisoner bad any intention of taking away the life of the deceased. These are one which are submitted for your consideration, and I foe! satisfied that you will devote your individual attention to thetr true solution, In thelr consideration you cannot come to aay true conclusion on the ments and demerita of the testimony unless you inquire diligently into the evidence of each witness separatoly and give him or her credit for truth and falne hood, an they appeared before you. It tree that many Witnowes in caren of this Kind are not to Se suppomed to degiving different of indirect testimony, because it is not In the very words, or thal the facts are not substan Uated because the case is looked open by one in = differ. nt light from the ether. And when you come to test the evidence of witnemes whom you beeve are telling the truth, |t does not follow that that testimony w to differ in trifling matters The eriine of murder is divided into two degrees —mur dor in the Oret and second degrees Murder in the charged Lad bad bis mind In order, therefore, to con F a ‘viet the prisoner under any of thee heals 7° fully consider and weigh well the lentimeny been laid before you, Ido pot wih tw 4 the subject, ax you are the only Jodger of thir cube, and into your bande it has been committed, tut f font bound to tall you, from tbe evidence which has been a duced, that you cannot bring ins verdet Of murder in the degren, It has pot been proved to you that there ny premeditacion or wnaiion forethought for the commision of the crime whieh you are now Jorge Ingrahar then clearly recapitalated the ev * 4 explained it as be went wee on conld be, that the @eath of Carson was doabt of hy weigh mud doa in the matter, then 60 men | Ware the eune er in vatiehed het you wil brisg ine yourgen’ tod which will mately the Court bet met bovine yrarecd Ws be agreed es verdict at four, teat Gi06 (oe worRinS. Boating. OPENING DAY AMONG OUR BOAT CLUBS--& ROW Ur THE HUDSON, The organized boat clubs of New York celebrated the opening of the boating season yosterday, with considera ble eclat, and were out in numbers Indicative of much promise for the operations of the presont season. The Atalanta and Columtia Clube met at their boat house, foot of Christopher street, about nine o'clock tn the morning, and manning their boats pulied over to the Hoboken shore, where they were to have been met by the Atlantic boat club, of Hoboken, ‘The latter club was not in readiness, how at that tum but arranged to meet other wnleations Guttenberg, in the afternoon, — They then ys dd tw select a commodore t conduct the move. ments of the squadron durmg the day, Mr. #impeon, the ¢ » Roabr, of the Atalania Cly we foriaer gentleman detining in favor of tho latter, Mr. Roalr was selected (or thut pox sition by acclamation Tho boats wero then manued, pushed of and pulled up the river, The weather wav all that could be desired by the most sanguine autieypant among the mombers of these popular he reatin, ne, the tight breeze wirieh pre od being. Jur vot to gently ruflo the waters and fon the atuletes whe plied well their oars as they joined in many (rieadly ttle contests in their alte we to distanes each other. Their appearance was certainly very attractive, both as regards their regalla and their boats, the latter having undergone conusiderabie improver Yoeing the steam yacht Wave and other vou oat Vittle squad ron was the recipiont of frequent ralutat one, wich were gracefully acknowlodsed by the peaking of thelr oant the usual salute of the boat elu On their arrival at Gaptenbarg they divembarked. and, after partaking of some. refreshments, 19 embarked Pleasant Valley, Bull's Ferry and Vort Leo were also visited, and a short stay mide at each landing At Gattenburg, on their way down, they were met by the Waverleys and Atiantiys, besides seull Lots, whieh were pulled by members of the Columnbix Clabs, who were unable to join in the inc ting of these clubs at that p utmost cord pt. fon which abo d boatmen partook, and then joining sal Loetraments eing brought to bs of the occasion, and, with ott ed in mutual ple ‘The prop prewod his « du wy such Bowpitaliti od, declining to recerve pecuniary recompense " y returned to the city about eight o'clock in the talantas and Columbias having rowed ar mites. re add consi Sho will r mark this fastest of the outrigger boats of her speed waa frequently evine Ulta, OF trials of speed, whic din the numerous wok place on the rr yertorday, In the evening, after their return to the city, they re paired to the Park Hotel, Hoboken, where the various clubs of amatour oaremen partook of ad nner The season promises to be an active and Interesting one among thowe ¢: Several chatlongos have already been made and accepted among themsolves avd other organizations outside of New York. The Turf, PASTION COUKSE, L. 1e—TROTTING. Wepvespay, May 16.—Stake $200, mile heats, beet three in five, in harness, Mr. Haslet named b, m. —, in harness a.a3 Inuac Woodruff named ch. . Charley, te a ae | Alex. Patterson named eb. b. Sram)! wagon... a328 Tine, 3.113 00—3 08— First Heat —Charley took the lead and kept it to the end, Scramble second, the bay mare far belind, having bolted before she got around the turn, and was more than a distance out at Huish; but the parties de cided that there was no distance im the race, and whe was made ali right for another shy at the Make. Charley won by three or four lengtha. Time, 3.11% Second Heat —Seramble got away lant thin time, Char ley second, the mare four lengths beliind, where mhe lay for three-quarters of a mile. Scramble broke up on the backatreteh and Charley passed him and went on to the homestretch with a commanding lead. Coming ap the streteh the mare was pulled out and she went past Char. ley aa if he were anchored, and won by four lengths, im 3:00; Scramble threa longtia behind. Third Heal. Charley had ven the favorite In the race until the end of the last heat, but the way the mare went in on the finish put a stopper to tlie pool selling, aa sho would sell for any price, while the sdotioncer could won easily ; Scramble second, Charley third. fine Fourth Hral.—The mare broke ap twice on the U ards went in front, finish, when neck abead, making the heat ia % 01, Cuariey Seramble @ good third. ST. LOUIK RACKS —-THIRD DAY May 10 ~The races to THE BACHELORS VS. Gronae yesterday afternoon, drow together @ number of the af mirers of “ye noble gene" on the SL George grounda, among them a tent full of fair Indl The cogteet proved to be more | a the last, and.thte prim. We have not ’ Raitey’ b O Wrgtt Vanderlip, b. G. Wrieht, J. Wharton. b G. Wright Ford, wt. G. Wright, & Van Komen, Robinson, « Bailey, b b. G. Wright, . 7 Kendall, ” Wild, ¢. C. Giaborn, b © Gieborn, b. Be: 1 Winfield 3 Winteld, cab Malley 1 1. Gieborn, b Winteid. & Van Rosen, Lb w, Kendall, bw. b @ Kenfall ‘ Wright 10 Dabeli. at Wharton, & Muinford, « Gorgon, b. Kendall 6 Winfleid © Wisner, nt out 2 Gibben, ¢, Van Komen, Hii, st Wharton, » Winfield 12 Kendait o Haughton, b Winfield. 1 Mencken, | bw, b Torrance, b. G. Wright. @ Kendail 6 Henderson, ©. Mill, b G Hyon 4, leg byes 2, mb Wright... . 2 1Tetal 1 Barrows, not out o Htyes 3, len byes 6, Total. nT widew B-—Total. " Total. » 7 UmpiresMerere Hage and ® Wright Prorer Mr Chad vei. Novel Sale of it Fetate, Mr. George Welles Nichols, of the firm of Neileon & Nichols, of Pearl street, has invented «new method for rolling real ertate entrusted t that anetionsering frm Invtead of appearing at the Merchamta’ Exchange and ® valuable property to capltaliate who knew no shoot it beyond his statement, be prefers to show and explain it to them Yortertay the firm hed the Lo ast Island property i» fell, & most attractive country Rortelle, Weatchentar com the ariaweratic and vy the - Promian Con Genera, ho will be remembered by pote for the past few iden of chartering & rehae re op to tbe pres, and accordingly ed Uy owner VY Winans, rh left the tare Aouth ferry, at half past nine, and wreet Rast river, st balfpast tom, * inree number of distinguishe’ and men oo Among them were Heury Eyre, ten mer wtreet, taty, Mr Jaren Andermon, United Hater Consul at Hamburg and Meee Jepborg neh weeria, (olanel G Browes, General Vou ~ Mr leopord Behemiat Tones the heirs of the wnt), View Conmat and Coweat for beard chant of Pear were shows aint the Kiyntan «rvamds of the Leenat bow 4 lees, @hich have before bere deecrited ip there une BVding wee opened st two o'r lok, and the pee wm at 625 090, wert with & epir wer etireck of at Ow Me HD Lapaneh, #0 eimirer of i, and ® frieod of the late / 4 Rehanidt. Kotmequently, efter wandering Qiregh the hone, getting low in iter trinate imine the water view from ite Gilferent wirderms 4 ine sentence over ite buildings and green hws vary ate ferry hs partes of the howpialitie Men, famous Meytone Hoos, whe ea segh ow ee [~3 Conmal st Hamivare, Movers Le, ombg Mebmn'dt mete hander me Mee Lee, ew Gre fary cheme teak to New Tort Chior fares la tended to be preevet and trd trot they tine the boat. At. Lapangh, the preeent owner of the seductive plan, Seal later in the day with propemale & Neer at = o veneed figures, and will bo doubt whiimately The the’ earn OerceA Fr rember ae Howrrre: tem, May 15, 1800. Bore \am report ro ute at neo 4eathe on brerd the beep tal abep All well on boned the Viegas and Ith coe DM WHEL, Deputy Meatty Omenr Homrrrs: Mame, May 14, 1008 tr repork tm Aeatbe of eden iamioms ym bowpital to ver have we any cholers om beard, With one cc cppone Che patents are rapidly reorering: { A BIPELL, Dopey Mere Clem sittin