The New York Herald Newspaper, November 22, 1866, Page 8

THE C COURTS. SUPREME COURT—GENERAL TERM. Whe Christy Will Cave—The Argumcot Con- cluded. Befere G G. Barnard, P. J.; Ingraham sad Clerke, id arrid EB. Christy et al. Appelianis vt. Paris @. Clarle @ eh Respondents and Defendanis.—Thia oawe, which wae reported in the Heaato of last Saturday, was finally @mgued before this court yesterday. fom an order denying & ethers, to open a default. YX reserved it» decision. motion, ‘This is an appeal made by Clark and ‘Afier Dearing the argument, For the appellants ©. J. Kman; for the respondents, ex-Judge Plerrepons end Wow. M. Byaris, SUPREME COUNT—CIRCUIT—PART 2, A Matwal Appraising Opera’ Recover Compensation for Services dered tn Valuing Horses. Before Judge Mulien and @ Jury. Trace Mehrbach vs. Charies 7. Platt—Tbe plaiotifl to thie action sought to recover the gum of $1,260 as oom- pensation for services rendered in 1864 and 1865, an ap pratecr in vaiulug certato property for the deiendant, end among otber things for Carntehing an estimate of the walue of como horses sold by Railroad Company, The comp! that the Se ee Was mutually agreed upon as Com| defendant Fy the was rol t bad been by the pecformance of a appraising ~ sam Kok kg bad _ was Possersion o wager on the eleetion of Premdent Lincom, were placed in hiv hands by We other party tp the bet. of the proper! defendant auch ap for wuch alleges that payment nse Hike nevvice on the part of perty (or the plasms; paid to the plaloeif, an of $150, the amount of a It appeared n— Act te ea. to the Hudson taint furtber al services, The agreement was was to be $50 of whieh the defendant and $100 by ou evidence that. ty ia hore flesh, which to the Hudson River Railroad Company, an’ ‘entered into between the parties that $e coimaig should be apprainod at more than their actual value. In delivering bia charge to the jury, Justice Mule Jou remarked that it was ove of the mest singular cases whieh had over come before hiw, and inclined te the ‘opinion that some of the transacti the trial, were decidedly dishonest urned a verdict for the defendant, as beta on Megal. 1 wns | For the plaintid, ry A. Mott; for the defendant, Mr. North. Action by a Sailors’ Boarding House Keeper to Recever on n Clulm Assigned to Him by Seamen. Chares Hermkind ot. Win W. Tapaceti.—In thin case, ‘which waa reported at length in the Hrnatp of yerter- Sune th yesterday returned a seied verdict for the 0 suid of $626 75. SUPREME COURT—CHAMBERS. The Atiantic Mail Steamship Company lu Court—Motian to Dissolve an Injunction Re- etraining @ Board of Directors. Rofore Judge Sutherland. Phe Atlantic Mail Steamship Company, Cornelius K. Garrison, Daniel B. Allen, and James H. Banker o1. Geo. B. Hartson, Frederick Buttrjficld, Charles A. Meigt, Rovert Yelwerion, Spencer K. Green, and Orlando W. Josiyn,.—The complaint in this case seta forth that We company ie a corporation organized by and under the laws of this State, and that the plaintiffs named were end are the lawfully authorized Directors of the com- . The original junted to $4, capital stock 000, but was afterwards increased of the company 000, $8,000,000 by the additional issue of 80,000 shares of g@ovk at $100 per share, The regular annual meeting Gor the alection of the plaintiffs from proceeding with Acting ag officers or directors of the company. fepdants, at whose suit the inju to elect offi proceeded to vere ‘Bad assumed control of the affairs of November on order of restraint was issued constituted Board of Directors from from this order the defendants ask to Directors ce on the 13th of November, of Injanetion was issued @e 14th of ining the new!; ag such; was ordered to take 1866, and on that day an by Judge Brady, restrain. the election and The notion was granted, among themselves the company, On Telieved by dissolving the injunction. After a partial of the thre plain Ful and we set over until Friday, 24d Inst, Wo; for the de- debts, Vanderpoel, Woodruff and Barger. ‘SUPERIOR COURT—TRIAL TERM. Before Judge Jones and a Jury. Bessnma Montagu: ws, Patrick Conway.—Thie notion ‘Whe for severa) alleged assaults and batteries committed ‘Oy defendant upon the plaintt®, vommencing as tar hack @ 3004 and continuing uti! abowi June, 1866,and for an @Moged false imprisonment on the 19th of June, 1868, ‘when the defendant had the plaintiff arresied and taken o the station house. The plainuff was examined in her it vs damage: @ story ber Mra, defendant alone testi- ubmission of the case to 0, the conte. jury rep- ‘his oar- ir Lake for ean for defend. Action About a Horse. Lovina J. Porter vs. John Halk. —Thia was am action Qrought by the pisintif, « woman of color, against the Gefendant for $1,000, the value of a hore which she Appoare that the car be her separate property. of the plaintiff and one Francis were in copart- ip as boarding house keoperg, and in the month of ber, 1865, cia, in the of Porter, wold horse to s person named Thompson, who subse. ly sold it to the defendant. There was conflict of evidence aa to the plaintift’s title to the the defendants alleging that 1 and Franols, and not of the p! aint. Edwin James, Thomes Barnaby & Hope for pii Beaphy and N. "F conen Action Against the Uuiou Ferry Company. Before Judge Barbour. Dadlafiad & Baater vi. Union Ferry Company. —Thi fait for $2,900 for loss of a «. for the de tbe properi it perty boat belonging to and loaded with a quantity of salt and coment. wank. ey The 1867, the canal boat Ogden was ron into by ‘Abbie, and the former was #0 badly dato. Plaintifs claim thet the acc x the culpable ca r tee general 4 ness of the COURT OF COMMON PLEAS—TRiAL TERM. —— jes for w Ral ‘ond A Rofore Judge Brady. Pairk Flynn, dim tnate ator, coldeut, A Avenus Ratl- ead Company Tho platntiff in this case sues as adwin- Vetrater the defeudaaty for Injuries revuiting 1w the death @f one Michesi Finn, owing to slinged corciensnass of Wa. While gett Avenue Rajiroaa wheels, to ag ta an attempted to gor on ome of the care of the Yompany, corner of Forty-srxtu ag nage was tarked by the motion Me the sustalueT sey ere injuries, He epi and bed his arm and jw days after the operation, the car was moving before the de- and, therafore, thet the acoi was the result of hit own nagiigents. Kautmana. ik & ooteon for plaintiff; Ashmead & Wait for te, Diepuir Among Before J Pine v8. Ormabes — Ths ovr it Mardoro, tof this otoagraph uit into effaet QB accounting between the foriner partners ina photo Saphjo eotadlienmens Bhe plaintiff te a young artist, and , receiving partner with defenda: 4s: No. 411 Brondway. aims that he was a st, on b of the profits, next one-third, eo! Soally xe equ! where to poor! pts and ox ‘tm bie part of +! te sanction of The Mesars Appiteation fort Re! rth Pte water « weval of Thos Water peotion elever eccounting. The defendant rep , aud henoe the trial of that issue of fact before a ocoupied the whole da: jeorge Shea and William FE. Rog Hf, aud Mesera Schafer & Goodrich for de en “ eat by per The act Ren ore Judge Daly petition of Ales Cuthing, Morea. This was ® motion, + of 3583, fo bat Ormabee failed noer on ia to compel #9 tbe pariver and wae tried me for ut fn Marehal, WWeAle for the ve. the removal o al Thos. Cushing, for {Wo reasons; frat, shat he Hed to make & return of executl oo, & econ, that fatied to pay over money to the petitionsr 2 de fe that ue Marshal acted as attorney for the pet 0 Action for = Seam Weste Rate Randrup ot Ruge ender the following erovmsancee! Mater th pia a8 New York ov board the see of which defendants ers reyage from New Vor't (0 Bremen and hu: age Alker and a on the Q0th ory Platout? jae on he ordered to o bis ‘ned (be monay for bie few ter thie w complaint 1864, he shipped ny or Werlern Metropotin, cond mate, fore oe, Of the rate He entered ned shipping eracieey aad NEW YORK HERALD, THURSDAY, NOVEMBER 22, 1866.—TRIPLE | $2,974, 900, 1000, Patt TmAdjoumes 10 Monday plnsiernan ‘orflied all lai for services rendered on the steamer. Ww fe wee takicn, 18 Lod sworn a tne Weckera i it back oN ont ter repens tha was put ow ., abe still % Ine desk, tod that ahead bot Sepnahons froight, wras one of the polnte relied on by defence to the claim. The jury found ¢ verdict for the plaintiff for $176 16. Action to Recover Housekeepers Wages. Bumice Clarke vs, Ephraim Jenny.—This was an action to recover hourekeoper’s wages. Tho plaintiff alleges that from the 11 of June, 1865, to the Ist of March, 1066, she performed duties as housekeeper for defend- that those services are worth the sum of Foie es ist sho dubnrsed. about $100 for housekecp- ing purposes for (bo Denedt of the defendant. The de- fendant, who is a boating house keeper, and stated to de eraployed 10 (be office of the Tribune, denies the alle- gations of the plalnuit He says that she agreed for her Doard to perform certain work in the family of the de- fendant, and that whatever work abe d form Was, ‘upider that agreement. De‘endant further alleges that plarotiff, on the Ist of February, 1866, ceased to do an work, but conunued to board with the defendant u the Ist of May following, and for this be claims $91, and rays judgment for that amonat with costs. The case as not concluded, and will be resumed this morning, Action to Recover Damages for Alleged Fraudulent Representation. Before Judge Gross and a Jury. Pee G. Peck v8, Henry Mifler.—Piavvtifl purchased froma the defendant bo 1864 whiskey in barrels, cases of vinegar, Granada rum, ale, beef in barrels, echnapps, end brandy, which the detondant, as plaintiff alleges, represented to be of good quality, and also an office on the premises which defendant bad oecupied at 69 South sireet, defendant, as represented in the complaint, atat- ing that the office was his own property, and not belong. ing to the premises to which it wae Plaiotifr asserte that he paid the defendant $160 for the office; that it was not the property of the defendant: that most of the goods were worthless and not of the character represonted det and that in order to induce the- plaintiff to make the purchase t said he would befriend him, and indnce de- _ fendant’s old castomers to deal with platntiff, bat on tho contrary, defendant used no effort to assist tif, and get up business in the’ neighborhood, to jury of plaintiff’ The defense genera! denial of the allocations contained in the summons and plaint of tbe plaintiff. The case was at hearing the whole day, dur- ing which much testimony was takeu. The Court re- fused to admit any evidence as to whether the plaintiff bad been von-suited im this action when tried !n another court. The further hearing of the cause will be re- aa thia morning, and It is likely to occupy the whole rs Alleged Aesunlt and Battery and Action for Seamen’s Wages. Before Judge Hearne.’ Gardiner and others vs. Browne.—In this case plaintiffs sued the defendant, who is captain of the English sbip Glendevin, for alleged assault and battery and for wages for wormand labor performed by them as seamen on board ship. Tho Court decided that the defendant bad broken his contract in puiting plaintiffs to other work in port than that of seamen, and ordered them tobe id_ their wages up to the time of leaving the ship, and for the ai it and battery gave Judgment for the plain- and costs. UNITED STATES CIRCUIT COURT. Lottery Dealers-No More Made till the Casce before Important Arrests to be the Parties Discharged on nm Recognizances—Important Dine ja Court. Before Judge Nelson, The United States va, William Craftond McIntyre.— The defendants wero yesterday Indicted for a violation of the internal revenue Jaw, in selling aud disposing of lottery tickets without the same being first stamped as required by the act, The defendants were arraigned and appeared in conrt by counsel. Mr. James T. Brady, on the part of one of the defendants, stated to the court that no conviction coull be had for any violation of the internal revenue law through the sale of lottery tickets, suasmuch as the Circuit Courts of the United States had, in several cases and in different districts, decided that the law of Congress in reiation thereto was unconstitu- tional atid void, and that Congress bad no right to license or to tax crimes and felonies—the dealing In lottery Uckete being = felony under the law of the State of Now ‘York. ‘The Diatriet Attorney, Mr, Courtnoy; for the govern- ment, said he waa awoere that a decision bad been made by several of the United states Courts, but which Bad re- ference only to the old law, which compelled dealors in lotteries to take out licenses. The new law bad repeal- ed the oldand had impor tal tax upon the busi- nose, and It was ona cls ing evaded this new law that findiotments hurt ivamed jagainst the de- fondant. Judge Nelaon enid that the question substantially in- volved In these indictments was u@w beforagthe United States Supreme Court fat Washington for decision. That on this very question there was among his breth- rem some difference of opinion, but that he was free to say that he should hold in this and all such cases, until reversed by the Supreme Court at Washington, that no indictment under the statute can bo sustained against these diealers, Mr. Brady understood that the cases referred to by his Honor had been acoommodated in some way by the par. ting, and ware uot now beforo the court, Judge Nelson--You are mistaken in that. The cases, seveg of them, are still pending before the Supreme Court. Five of them are for penal'ies in civil cases, the other two are op indictment. Mr. Conrtaey—The cases alluded to by your Honor youst necessarily have arisen under the old Jaw, as the sot under which we pow proceed was not passed till Joly last, and these indictments have been framed under it, and not under the previous law. was, he ad- mitted, # diMculty tn the construction of the two acts, as Congress in making the new law had evidently intended to draw a distinction between the questions of a “license” and that of a “apecial tax.’ Judge Nelson—When the queation was argued before ‘the court {t was treated by the United States Attorney Genoral and the counsel for the defence asa question of ‘or, they meking no distinction between a license and a ! tax, and when the whole case again comes up be ted Staves Supreme Court the issue under the old god pow La “tieepse” and ‘special tax’’ will be fe? ined. think, therefore, it t* uscless to to attempt to take any moro of these cases before the Supreme Couct at Washington, as the whole question will be determined tn the other caves ina very short ume Mr. Courtney—It may ® hoped that the court at Weahington wil! sonfige thoir decision to the simple Saree record, to wit—that of license; and im that view of the matter hé thought {t was desira bio to bave @ division of opinion, 60 that the question ooalt be tacen at once to the Supreme Court at Waah- — for deciaion, adge Neison—That would be unnecessary, aa I have now an opinion written on the sa! which covers doth questions of license and special tax. In my opin- ton, goverumeat might as well tax stealing or bur- giary aa much a@ lottery dealing, ea both are declared T'ecpoove doo provaie fhuble city en truck an the suber suppose on8 ttn in city as much as i Wr rate your Honor in the Northern District bes upoo that question, Iahocld ike to know what Followet, so Car aa oMcial action ts concerned, 7 pidge Neizon— Att i suspended by thi idge Naison— All prosecutions were the Un tod tas (Hatrigt Attorney for that district immed. ately after that decision, and there have been none, to my knowledge, since then, Mr. Brady—! would ike that your Honor should give pudloity to that epinion, #0 4480 put @ stop to all fur- iber arresta oa similar charges, F Judge Nolwon-—I could not do that. 1 merely ect on my op oon til ay decision Is reversed. The better way will be to discharge the defendanta on their own Pee ninanoces (Ul the pext ciroult, and then, if you shou! think {t necessary to put {n a defence, you will have an —— to do #9. Q precy aed honor, I would like to under. stand claarty the cage referred to by you. Ji dge Nelaon—The oases came re Judge Hall, in Now Jersey, on an indictment of persons charged with having #old lottery tickets, Judge Hall had some trovbie xboat It, and transferred the cates from the Dir. trict to the Coult Court, Thad a fixed opinion then acainat the iadiotmenta; but Judge Hall wastinchned to | ake « dierent view, and to have tt settled as a very im- portant q ration we divided, case then went up to ne Court at Washington on division. At the one five almilar cases went up on appeal to rror, aed the decision led involving the pa peroctealy kenve qian Mr. Bvarta, also for dofendants—That was a civil action and 1 therefore go up. Judge Nelson —The case T refer to went ep on diviston were argued together; that was on The argument was very elaborate in con (he Nquoe doators’ cases. The opinion of as, bowaver, postponed. One branch of the of opinion, and al ndictment weciion wi! ure of & State to be {ilegal should be inopera- was one branch of the argument; a license, bul merety In a recent act the dificuity te corrected as to whether Congress meant @ license or « tax, but it did aot change the principle. Mr. Evarte—From yout Honor discharging these co- feondante on thetr own reoognisanose is it to be under. stood that oo Curther arresta under this act shal! be made of desiers in lotteries? If the government Is to go arreste I'd like to have your Homor's deter. tar. attempted. The discussion on the point at issue then closed. Impertant to Firemen Serving on Steamers Jn This Port. Alfred Ballersby @ al, vt, The Steamship Republic and Russell Sturgis and Others,—The libedants in this case, five in number, shipped on the 9th of May, 1865, as fire- men on the steamship Republic, and signed articles for the voyage from New York to New Orleans and beck to this port at $60 per month, They were informed the day after making the agreement, by the chief engineer, that be had orders from the captain to discbarge them untess they agreed to have their wages reduced to $65 per month. ‘They, however, left the vessel, refusing to work for a sum lees than that for which they had elvned articles Ou the following morsing application was made by them to the engineer to know whether any different instructions ad been givon by the master or owners of the veasel; and they were informed that the previous orders were decisive. After leaving the ship they libelied hor Cin and board for the ontire voyage, for being unlawfully dis- charged. The libellants were examined before Com- missioner Betts, after which thev again tendered their services on the original terms, which were unnoticed by the counsel, who appeared for the master and owners, On the triat tho chi leaving by direction the chief engineer smounted to desertion and relieved the owners, under: ‘shipping apticies, from any liability; and further, that that officer had no right to discharge the men. Judge Benedict held that the chtef engineers of ocean steamers in this port had the right to hire and discharge those who labored in their department on such vessels, the chief engineer being the most competent judge of the ‘capacity of auch emplover, The Judge rendered his de- cree in accordance therewith, from which the owners appealed to the United States Circuit Court. Judge Nel- non, before whom the case was argued yesterday, re- served his decision, ‘The Capture and Destruction of the Tycoon by the Alabama—An Insurance Case—Metion for a New Trial. John Godfrey vx, Sun Mutual Insurance Company.— The reopening of this case was ona motion for a new trial on the part of the plaintiff, against whom a verdict ‘was returned on the previous trial. The declaration on the case is on two policies of insurance, dated June 24, 1864—one on the bark Tyooon, the other on her freight— and nots forth that by the policy on the vessel the de- fendants insnre the plaintifi’s loss, pavablo wae lost or not lost, at.aud from New York to San cisco, for the sum of $8,000, on the park’ Tycoon, her tackle, &c., valued at $45,000; that the perils insured against were only the risk of cap- ture or seizure by or ering from acts of the sccoding or revolting States of*the United The - ants on the former trial pleaded the general issu®’non assumpsit, to which was added a special notice, in sub- stance that the policies of insurance on the Tycoon and her freight were obtaine@(if at ail)by the fraud of the aintif, and by the suppression and concealment by jim from them of material facts and circumatances which ate the impression, or excited the aj hen- that at the time the policies were applied for the Tyooon had already been lost by the very peril against which indemnity had been sought by the policies; that before application was made for the policies one of the small boats of the Tycoon, with her name stamped upon it, and bearing Indications of having been subjected to the action of fire, had been picked up at sea and carried into the port of New Bedford, and that this fact had come to the knowledge of the plaintiff before he applied to the defendants for the said policies of insurance, and that he concealed the fact from the defendants, they themselves being ignorant of the same, whicb, if they had known, would have prevented them from becoming insurers of the said bark Tycoon or her freight. The testimony on the former trial showed that on the 27th of Apri! the bark Tycoon was captured, and, together with entire freight, destroyed by the pirat and her crew made prisoners of war and into Cherbourg, in France; that the Tycoon started on her voyage the port of New York on the 19th of March, wes so captured and on the 27th of April, the insurance affected on ti! The question thep submitted to tho jury was:— or not the platntiff in the on of knowledge of facts in relation to the v: at the time of the in- surance, which were important and material in esti- mating the risk and in fixing the prop compenration or rate there nd which he concealed or neglected to Giscloge to the company. The jury thon found for the defendants. The case is now a second limo before the court on # motion for a new trial, on objections to Ju Nelson’s charge. The motion was argued for the pia {itt by Mr Calvin G. Child, and for defendants by Mr. oate, UNITED STATES COMMISSIONER'S OFFICE. Alleged Infringement of a Patent. Before Commissioner Commissioner White bas been taking testimony in the case of Eli W. Blake vs. C. W. Stafford, This isa suit for alieged infringement of a patent. Plaintiff clelins that he is the original inventor of a peculiar kind of coed crushing machine, and taken outa patent therefor; but the defendant says that the invention of the plaintiff ig not original, and that he (defendant) has therefore a right to uso it." The suit is ponding in Con- Recticnt, aud will be disposed of there, COURT OF GENERAL SESSIONS. Before Judge Russel The Grovd Jory brought in a large batch of indict. mente, to which the prisoners, who were arraigned in the afternoon, pleaded not guilty. They will be tried this week. BURGLARY. John Evens, Edward Donelson and John Kelly pleaded guilty to burglary in the third degree. On the night of the Oth of October they burglariously entered the milli. nery store of Martin Kridel, $12 Canal street, and stole $455 worih of silk velveta, néarly all of which was found im the possession of the prisoners. The (ity Judge sen- tenced each of them the State Prison for four yeara, ‘Wilson, .who was jointly indicted with ‘these men, was remanded till Friday. ROBBERY. Denals Hayes and Thomas Kline, indicted for rovbery fo the first degree, pleaded guilty to petty larceny from the person. The complainant (Albert Hoglander) and the prisoners wore sailors and wore drinking together, when, on the night of the 9th of October, while paseli through Market street, they Knocked him down ai took fio out of his pocket. “They were each sent to the State Prison (or three years. Henry Jeckson, woollen shirta, th 3 pleaded guiity to larceny, State Prison for two years, i Charles 8. Lufkin and William Boyd pleaded guilty to an attompt ot grand larceny, they havifig stolen a case of boots on the Sth of October, valued at $100, which was in charge of the Boston, Newport and New York Steamboat Company. John Hatch pleaded guilty to stealing « silver watch word) $23 from George Mohr. ‘These prisonere were remended for sentence. ALLEGED PALaN PRETRNCRA, Manuel Cortex, sliasJohn Pedro, alias ~paniah Consul, bj Soe a poe alm) bim with enn | under false pretences, by representing to Benjamin B. Dunville, 124 Ninth aven: that he we in of a achooner which was lying at the foot of tioth LARCENTRS. harged with stealing three dosen of of Spencer & Fechheimer, ad was sent to the street, and that he knew a butcher in Fulton Market, « friend of Mr. Denville, whose cart he presented to the gomplainant tr If. The offence was not legally proven and Bedford abandoned the case The jury acquitted who was retained in custody to be tried lndictment of a tike character roraenr Ploaded guitty to forgery in the fourth degree, he having on July 26 forged.s check for $100 on the Folton Bank, which purported to have beon signed by Samuel Wo Andrewa. A number of highly reapecta hants temtified to his previous good charac das thore was ® doubt as to his baving @ criminal Intent the court suspended judgmont. DECISIONS IN SUPREME COURT. Ry Justice Joseph F. Barnard. Thomas H. Maghee va, the Camden and Amboy Rail- and Transportation Compauy.—Judgment for de- fondanta By Justice Sutherland, Caroline Fried va the Royal lasurance Company. — Adjustment by the olerk affirmed. sano Wyman vs. William Birch, —Stay of proceedings aan y «i Adeiph Florscbauor va. John @, Perzat et al.—Motion granted, with $10 costa, to abide event of action. DECISIONS IN SUPERIOR COURT—SPECIAL TERM. By C. L. Mondil, Justice, Danie! Parrish va. John Hecker, et al.—Motion for ae scoount of (rivolows answer denied, with costa, Oliver BH. Woot vs. Albort L. DeCamp,—Motion for attachment denied. Elias Golden. —Motion tana Mill . 'Foieae’va ‘Toe Nitloual Steam Navigation 7 1y. —Motion COURT CALENDAR—THIS DAY. Seraaue CovaT—Grwerat jumerated tions —Non 2, ©, 28, 29, 48 to ianan ee ie + 60, 60, 78, 61, wa AT, 81%, 8h, ‘oul te Srecuy Noa. Gone, Br Bad hah dot er 178, aud Thomss ———— THE MURDER IM FIRST AVENUE. 'Twe of the Prisoners Turn State's Evidence— Addi 1 Testimony in the Case, &c. James Dougherty, Michael Hughes and Michael Meagher, the three men recently arrested by Sergeant Holman, detailed at the office of General Superintendent Kennedy for special duty, and officer Harris, of the Eighteenth precinct, on the charge of being concerned in the murder of Walter Wescott, at 443 First avenue, on the 3d snst., as previously reported, were brought before Corover Naumann, at Ne. 4 Centrestreet. The prisoners Moagher and Haghes denied their guilt, and at the eame time expressed a willingness to turn Stat evidence and trathfully tel! all they knew concerning the murder, The Coroner consented to the proposition, and accord- ingly took their depositions, which, with the other testi. mony presented, will be found below, ‘TESTIMONY OF MICHAEL MEAGHER, Michael Meagher, betng duly sworn, deposes and says— T reside at 343 Egst Thirty-first street, between First and Second avenues; I did not know that I waa in Mr. Mey- er’s house till next morning; I woke up and we were sitting on the bed talking; there were three of us; it was in Dougherty’s house in Twenty-eighth street, near First avonue; we were talking about what happened the night before; he said “I cut him,” mean- img deceased; I asked him what be did it for; be said because Wescott hit meimthe face; my eye was Diack aud my face ail swelled up; I did not anything about it; pooaer said he had cu the man fn the oyster saloon in First avenue, between Twenty. sixth and Twenty seventh streets; I was intoxicated that night; there were fourof us; I did not see a knife in Dougherty’s hand; I don’t know how I got into-the place or how I got out; he did not show mea knife; the party consisted of myself, Michael Hughes, Owen Whit- ney and the prisoner, James Dougherty; Ithink he said that I gave bim a knife; 1 hada knife, but did nofhare iu the next morning; I was so drunk I did not know anything. ‘TESTIMONY OF MIOHARL HUGHES, Michael Hughes, being duly sworn, deposes and says— T reside at 308 East Thirty-firat street ; I was in company with Dougherty and the reet that t; Idon’t know what occurred that night in the oyster saloon; I don’t remember being there that wight until next morning ‘when the mother of Meagher came into my bouge, where Twas sleeping; she asked me if I knew where he was: F told her no, but would try and find him; I asked ber if he was home that night; she said no; I went to the Twenty-second street station house to look for him; they told me there ‘was no such man taken in there; I then went over to the Twenty-ninth street station house; no auch man was taken there, 0 I came back to bis mother’s room and told her that I was in both station houses, aud he was not in either; that afternoon I was talking to Meagher; Teaid “Mike, do you know who had the knife?’’ he said “Yea,” that he had a knifg and that James Dougherty asked it from him, and Dougherty then went away and came back and said, “I’ve cut the son of ab——h;” Owen Whitney told me that Dou; confessed to him of having cut the man and that he ‘would cut bis father wi in liquor; we were all intox!- cated that night; I was so drank that I did not know whether J was in the saloon or not, ‘TRBTIMONY OF SERGEANT HOLMAN. sae W. Holtman, being duly sworn, deposcs and fa ‘am sergeant of police; from slight descriptions Thad of the prisoners I employed ofMfcer Harris, of the Eighteenth tag belp me get the prisoners; in jooking for Owen Whitney, who is still at large, I dis- covered the whereabouts of Michae) Hughes; on the afternoon of the 17th mstant Ltook officer Harris and went tothe Franklin Forge, in First avenue, between Twenty-fitth sod Twenty-sixth streets, and’ arrosted Michael Hughes; be then tokd ie that Michael Meagher was in the same shop, and Talso arrested him; they then told me the names of the other two parties, giving the names of James Dougherty and Owen Whitney; I then ordered officer Harris to keep close watch on the house in which Dongherty boarded, in Twenty-clghth street, and on the morning of the 19h togo in and search for him; Harria went {n, arrested him and brought him down to me at the central office, Joh Haris, bol aclnes depcess and: says—I nm ing duly ew 0886 and’ sa} ant pabcebers attached to the Eighteemth precinct; I srrested Hughes and Meagher at Franklin Forge, in First avenue, near Tweaty-filib street, on Saturday at about four o'clock; Meagher stuted to mo that Dougherty had contessed to him that he bad stabbed the herty’s house the next morn- {pg afler the occurrence; Meagher siated to me-that Dougherty asked for his knifo on that vigbt, and that he ave It to him; Dougherty told Meagher the reason why @ cut deceased was becavse he'had struck bim; I ar- rested Dougherty in his sister’s house, in Twenty-cighth atroet, between First and Second avenues, on Monday morning, about s1x o’elock. Michael Meyers, proprietor of the saloon, 443 First ave- nue, where the stabbing oconrred, and his wife Ellen, were also examived, but their testimony contams no- ‘thing important over and above that given by them when previously examined before the Coroner. On the testimony prosented Coroner Naumann com- mitted Dougherty to the Toombs to await his trial, Meagher and Hughes were went to the House of Deten- tion aa witnesses, but they will be liberated on giving dail, Dougherty is twenty-two years of age, and a na- tve of thi . He lives ta Twenty-eighth street, be- tween First and Second avenues, and by occupation is a machinist, Dougherty bays be is innocent of the charge, and says he knows nothing about it, During the draft riots in this c ty Dougherty was shot through the body, but, recovering from the wound, went to the war. Be remained there but a sbort time, how- ever, and, returning home, bas since been in the elty. ATTEMPTED WIFE MURDER NEAR PROVIDENCE, R. |. Province, R. 1, Nov. 21, 1966, At Valley Falls, near this city, last evening, Rufus W Cowden, a young married man, who had parted from his wife, called at ber residence, and, after an effort to induce her to enter a carriage, attempted to cut ber throat with a razor, Shoe steuggled desperately and suc- cessfully for her life, although terribly wounded in the face, arms and breast, until her grandfather came and = drove off the murderous wretch with aclub, The sur- geon who attended the woman was compelled to sew up sixtecn gashes made by the weapon, The husband ded arrest until this forenoon, when he appeared near father’s residence, and out wn throat fo thoroughly thet he will probably die. He was probab'y partialiy intoxicated. FIRE AND THREATENED RIOT IN DANVILLE, YA. Ricamoxn, Va, Nov. 21, 1866. ial telegram to the Dispatch sayse fire broke ont in Denville this morning, consuming ba ved & Gor- bakery. dons store, Fieshman’s dry goods store, & Co.'s clothing establishment and’t Danville a ‘The arrest of a negro for ing while the Gre was Blacks ali was quiet at lat ncoounts Sv™e ‘He SALES OF REAL ESTATE. By A. J. Bleockersfon & Co. lth av., 3 lots, east side, bet. 64th and Ste ta., each 252100, at... ....... ‘ 68th st. 1 lot, north si $26 feet wost 8th ay., 25x36 block, at. . esas 66th st., 1 lot, north «1 ‘25x34 block, at...... 024 st , 1 lot, zouth si block, each. 110tb st. 6 Lote, Nock, . 3 lots, 901 each 265x100 each, at 97th at,, Slo’ 7 1 1 gore, 4 25x % ‘block, at, Wie Vhiwenkt 686 Sd av., 1 lot, southwest cor, 121th st. 26 2¢x100, 6,000 Sd ar. 3 lots, adjoining, each 2524x100, at...... 3,300 111th st, § Jota, south side, commencing 100 foot west 3d av. ch 262100, at 1,25 WINS. LIQUORS, &C. UCHISKEY BARRELS—wWoOD OR IRON BOUND, trim:ed or untrimmed, for sale, at IL Worth street, Wiilarasburg Ca "CLOTHING, TENTION LADIES AND GENTLEMEN OAN RB- ceive the highest price for Caavow Clotting. Op eal on or addressing M. SPIRO, 1,880 Broadway, between Thirty- = and Tolrty winth streste. Ladies yy aire, TTENTION —LADIEG AND GENTLEMEN WILh RE. Gi coive the highest prices for cast ae) dressing Mr. or Mra. be., by calling om or Saventh avenue. TTENTIO DIRS AND. OENTERMEN WILT reenir® ths highest priows for Onat Of Oleuhing, Furn!« BiTsitt tay Tira avewe, 2°" SAromsinG Me. of Mire. 0, ‘upon by Mrs. Cashbarg. eines D eam, dgnided wane Hasethn Bf tale alii; there whose Ci 5 ‘That in our neighbor and friend, Dr. Anguine Weat Twenty-third ee ei und oa : nirements, ed' in jalon, to the su Eprratre rings qe hi nou onion we gurran eee y einer eras ein i terns reo TA M™ u EN’S DEMO- A? SREINg. OF RF Anne, Aes Be ‘mously nemi g folio’ ntlemen were unani- as candidates for School Trustees:—Joho DAVID FITZGERALD, President. Joux J. MoGuan, Secretary, , T A MEETING OF THE DEMOCRATIO UNION AS- tion, held at Daniel Grinnon’s. at Fiftieth street and th avenue, JAMES &. COULTER was chosen by soclamation as their candidate for Alderman of the Thir- teenth Aldermanic district of the a cae ward. JOHN KELLY, Chairman, Guonce W. Janes wrens, Nowa, isos wn afl ASTOCIATION NOMINATION, FIFTEENTH DISTRICT. TWENTY-FIRST WARD, CARISTOPHER PULLMAN. JOHN H. SHERWOOD, Presideat, Groner H. Van Crert, Secretary, R COMPTROLLE! F° Ciknies L. PLEMING, Taxpayers’ and People's Candidate, N& 89 THIRD AVENUE, NOY. 21, 1666.—TWENTY- first Regulators’ nomtpationa ‘for Councilmot HUGH MINI ak. JEREMIAH MURPHY. ir, ROBERT JOHNSTON, Chairman. Derms Suutrvan, Becretary. IRE NOMINATING CONVENTION OF THE DEMO- ‘cratic Union Association met at the house of Mr. Mc- corner of 126th street and Fourth avenue, when the wing Juembers answered! ‘o their names:—Joba Delany, Berni Wm. H. Webb, Samuel B. Tompkins, J Joh John ley, Thomas Riley, Wu. Cowen. A. C. Flannigan, Daily, Janes Magitin, Wm. 0. Wabb, Francis Web: ster, Terence Sheridan, Joba Scalion, Michael McDermott, D. Phoenix Ingraham. On motion, Mr. JOHN MoQUADE was unanimously nominated for Alderman of the Seventeeath Aldermanic Disirict, und a committee wppolnted by the chalr to notify him of the same, P. few appro} remarks accepted the nomination, On motion, the Convention journed, subjectsto the call of the chair. ADAM ©. FLANNIG, Dr. Puoxers 0 A Becreta: HE DELEGATES OF THE GERMAN DEMOCRATIC Organization Fifth Eig! Ninth and Fifteenth ward Barro w street and Unanimously as their candidate for A HENRY SOHIEL, Chairman. Apaw Runin, Recretarz New Yonx, Nov. 21, 1 TH ALDERMANIC DISTRICT.—DEMOORATIC UNION Nomination.At a meeting of the above Convei held at the Adriatic on Wednesday evening, November 21. on motion, GERSHON COHEN was unanfmously nominated as our choice as candidate for Alderman at the enduing elec- before the Convention, and ina |, Chairman, tion. ‘Oh motion, a Commities of Five was appointed to await on the nominee'to announce to him our selection. JOHN PURCELL, Eighth ward, Chairman, Jonn Maox, Ninth ward, Secretary. 5M ALDERMANIO DisTRi the New York Democratic Con’ at the Btudy, 397 Hudson street, on Monday Ip, Mr. JAMES FAY was unanimously nomiua bi man. NF. WALSH, Chairman. Epwanp Jonpan, Secretary, 5TH ALDERMANIC DISTRICT CLUB AT AN AD- Journed meeting held at 41 Carmine street, on Wednee. day ‘grening, November 21, the nomination of ROBERT HARRISON was vcdorved. ’ After a few reuatke from Me. Harrison and others the ineeting adjourned to Monday even- ing, at headquarters, 41 Carmine street, at 734 o'clock. GEORGE W. SMITH" President. FRANK POWLER, Vice President. Dawrrr C. Birmipon, Secretary. ‘Ww. 8. Stann, Treasurer, HAVING FROM a nh annum, Call on ation. isce cau 5 i ind floor, between the hours of 10 A. M. and 6 Py N INTEREST IN AN OLD ESTABLISHED FINAN- cial and commercial and family paper, and other stand- ard publications, is offered for sale at a in, on easy Sem, Address Publisher, box 1,614 Post office, A raréy chanee, My A VALUABLE INTEREST CAN BE BOUGHT FOR $3, For full evidence that the amount can be more- than doubled monthly, call at 18 Broad street, room No. 6, COTTON BROKER WISHES TO FIND A SUITAB! person conversant with gitteny gpd tnfusnee ee; with small capital. address Capital, Herald office, INVESTMENT OF $10,000 CASH AND Tr" BY Are! aevent of 9800" ane cattahte perpen meksen ‘ lize a handsome income, chasing [RN food Will and. Furnicure. of one of the hretpeiva Weds box Gait bou:ding houses in New York, Pr oilice, bd TTON PLANTING.—_A GENTLEMAN RESIDENT for 16 yerrs in the cotton region of the Southwest, . $0 meet with some cupitalist desirous of investing in cottol laniing. Best of reference given, Address 8., Kew York Post office, F R SALE—AN OLD ESTABLISHED COFFER AND- Spice bi . Apply at 254 Greenwich street, Fyn ula Tea een rae OR SALE CHEAP FOR CASH.—A CABINET MANU: fact v and > saree ates street, a business; satixtactory the Block if parties deste. Call at 178 Pearl ollice, Gow. BROKERAGE.—A MEMBER OF THE yom Exchange will give an interest to a reliable 4 "pusiness. Address O. H he ATIONAL METROPOLITAN REAL ESTATE AND- Land Office, PURCELL & O0., 240 Broadway.-> ‘anted, Merchandise, in exchange for New York Real Ee tate; also for Stocks and Bonds, Exohangos effeoted. ARTIES WISHING TO DISPOSE OF THEIR BUBI- hess, requiring partners or desiring to go into business will find it to their advantage to call at da West atreet. GTOVE Of HARDWARE BUSINESS —WANTED, BY i man of long exparienos, to buy out the whole or part a ean influence a g: oftica, & Bret clase well established concel 4 dross G. Re MORRIS, Willianeburg Post offee, be 1.7 cls ANTED—A PARTY WITH ABOUT SIX THOUBA) dollars to engage in a manufacturing business Mi i ‘2 BENNETH hiy percent met profit. Apply to HUI 15 Buriing sip, room Noe P, upstairs “-ANTED.—§)LINEN COLLAR ESTABLISHMENT, I W “troy, We denirea to correepcnd with tore renpoua ‘bis ty doing business in New York city, with a view tose- anent depot for their goods, either on commis, ents, Address Linen Collar, box 210, Troy, N. ¥, W!step-a PARTY, WITH $12,00, TO TAKE THI agency of a factoty, doing an extensive bui ery,and glassware jobbers, Money secured. ce ‘ YOUNG ENERGETIO MAN, WI 000 capital, ror a flourishing wholosale at together ith ott factors ne of moat “portions of 0 etiod last hae ulFeady tri baled its oapital ‘The’ beat tty retardoags can be given. Address, with references, E. K.. bor No. 1 Hlerald‘otice. 0) PIF 19,810 WILL START ANY PRRSON IW splendid manufacturing business, from whl f $10,000 can be realized in six months without capital; staple as flour. Cull and investigate, a\76 peter oe og = [5TH DEDERMANIO | DISTRICT “TWENTY Finst Ward.—-At an Aldermanio Convention, held under the auspices of the Democratic Unlon Association, at Tracy & Cornell's, corner of Second avenue and Thirtj-sixth street, November 21, 1868, D.C. Birdsall was chosen Chatrmai 2ames A. Connolly and D. A, Bostwick, Secretaries, motion J‘ MES O'BRIEN was unaninously renominated as the democratic tandidate for Alderman. D. ©. BIRDSALL, Chairman, Jawrs A. Conxorr, Damn “s.“Bosrwiog, | Secretaries, ivirta te MOET OE SR al “LOTTERIDS. OYAL HAVANA LOTTERY. OFFICIAL DRAWING, NOVEMBER 13, 1866. SSBEREEESERRSSDECEE! iene iH beatae es = By} * eee ett Prist.\No. Priee.\No. Prise. Bs. 400 | 14258 20 298. 14262. 400, 46 a 400 1. 500) 4388. 200 560 200 14509. 200 61 200} 14520. 40 al 00) 14037 600 Tg. 0114675. +1000 BAS, 14680. 00 887. 500] 14706. 900 a 400) Ld Ie So ha 1238. 20) Lae 13. 00) . 400} 1 1000) 200) 400) 20) 1 200} 400! u speueedaesesubestens ee 25 beueseeuchusceeuseeusacssuegesys: SESE SS: is! = 29: 78. ae Sa Aiee i ae: fe fs fe fea Sis ae gee oes z 2 Ble aa Bs fs = aE HEE ESERSSERERSSSESSH USES SeatHaES’: ane euesereveuteyestyisnecesucetbes eEsceeusaszsses: SEESSESEss: 5335 suause ae suisevacpaueyusiguees sengeszevsesiis: pavageaneacensearesaceene: ROE 58 18875, ' 1000] 13710: Pap Ei) 500) 1Uase, ) Soo sors, S134781 6751 X 4 wo 200) 14142. 50012505) Wy! aR a APPROXIMATION PRIZT# S181 ..81000)27584. 9900) 10086, ..8400)20418. ..9200 S8TTD.. S200 SIRE. on | 27088 Miulaeain ar arts’ *33y 6183... 100027986. 4 2a. .00| 618. ao S185. . 1000/7087 12571. goo! 6714. 200 W180. “100027558 0) 6713. oy $152. Lo one 30) 8716. 209 Bi i ‘mo! 6717. ao 5189. 1000} /ONsT 20) 6715... 200 5190. LUG) 10882 S| 6719. “xo 7681. G00] Los, 20) 67H)... a0) ™ con! 1034 400/294 am! Prises peid in gold. Information furnished The highest fates paid for Dowbloons and ali kiade of Gold and Silver. 30 RAST TREMONT drawn for this day, at ie Tremont depot, Harlem Railroad, at "Een oppor Last oj Wor these vainavie tualty to te tm the at plow. «A fer pel eased, : ost ‘At the above samed piace ASTROLOGY. lurope; born with # natural gift; shows s correot ence ieee TO $5.00 WILL CONTROL A HANDSOM® per siness; now fs ur chance to make fat it patent in the United States ie on exhi bition and for s yy county and Btate rij pe at Nations Hotel, Coriandt stzcob, frou M1 A. M- til 8 P.M. every day? $200 708, SALE, OF FOURTI On HALF D6 b . terest in ® pleasant office business; 8. alent Can man pref on or address Dr, io. 9 reene street. FOR SALI 1.000 .iectecect forms easy. Must be sold. _.. ARMY AND NAVY CLAIMS, Fk SWIFT'S OLD ESTABLISHED ARMY AND Be Advani A WELL BStAmel wire at factory, 10 Claim Agency has removed to 19 Broadway. of . bounty, stor rige oll , appro' __ MARBLE NTELS. i ‘ARBLEIZED SLATE MANTELS—SUPERIOR IN apprarance. more durable, kalf the Bees of marble. . Be ‘ART. 605 Sixth avenue, between ry ffth an Thirty-sixth streets. ‘ARBLE MANTELS.—THE BEST PLACE IN TH city to purchase Marble Mantels of ge. laters ‘at very low prices, 1s at A. KLABER'S ne We Xu East Eighteenth sti ‘bird N.Y. Cut this out on ony t, near TI a. __ MEDICAL. <. AY UNFORTUNATES CONSULT DR, KENNEDY, Elm street, Use his only guaranteed remedies. ‘De- bilitated persons try Kennedy's Invigorators, CURE GUARANTEED TO BOTH SEXFS, Ros whatever cause, by Dr. D. AMAND; gradua:ed in Parley ‘Rot even the most desperate case can resist bin safe, Fig treatment. Blood and Constitution Renovator, price $5. No, 4 Bleooker street. uy rr, hid tee Tart 4 Fathrat ain or ctionare Dr, aod Slane DU. ister to ladies free. ” a ao = B here Aen FEPALLeLy OE led ladies, of Dr. MAURICBAU'! imposttions. ELIXIR OF LIFE.—THE GENUINE 18 SOLD + only by Dr. MAURICEAU, 129 Liberty street. never to reatore the debilitated and vitality in a fow days. imitations, ¥, 108 1 Beware of i: eri ne wd CAUTION TO Laps aor. POISONOUS, DIS. nating Drees. Use only Dr. MAURICEAU'S Pe pt tracts, They are sure and bealthy tn all coses. Aberty street, A. M. MAURI Professor of Midwif. guaraatoes certain ladies, from whatev: use, at one interview, <DR. GRINDLE, AQCOUCHEUR TO TE PRIVATE sizing in tama, No.6 Amy place, “Good Plot skiivally sreate rD INFORTUNATES SHOULD NBULT DR RINDI No.6 1 - OURE AT ONE RVIEW FOR MARRIRD ation, by ‘De FOWENE™ Otiee 196" Eien Alster eos romana, Oder ie", ee ea rooms, fernale com iecrags Gites 196 Bim stress A-teaen GRIND! nati PHYSICIAN, NO. Antti cae eenae APTOT 1.AARMED, LADIES MADAME, Raw i, or No. 2, whl never fal ‘at eak bea Dale 4 ron tay oar ree Sear Birth ave a A CURE AT ONE INTERVIEW. WITH OR WITHOUT ine, for married ladies, from whatever cause, RESTELL. P: of Midwit jf wg (thirty year practice), 64 West Thirty nia arenas. JONPIDENTIAL, CONSULTATIONS. —DR. R. member 9¢ N- 4, Medical Collage and HO: Serer: \don, can be consulted as usual on certain OF fice 20 Contre street, near N. Bi=No fee ualesn = YORE WHERE ALI, OTHRRS FATT —DR. KBWREDY'S onl recone fannedy'siuvigoraucrn 190 8 porated atreot. ————_— - D*; KING, 126 NINTH STREET, NEAR BROADWAY,. three 4 falls to cure delicate diseases of elthor sex in OCTOR ded ye) BOTANIC OORDIAL REsTORES vigor of yout one week, health jgyiie moat deburtated. $6 per vial” 'S Divisoubirent, sikee p% HUNTER CAN CURE WORST CASES OF CER. tag diseases, without mercury, in shorter time than aug wer aiciad, OF 00 fay taxon, No, B Division street, nine K, HONTER'S RED DROP 18 THR ONLY REMEDY that will root out poli nease, all others dry (tin the blood. ‘No. S Division nireet, “Be Da HARRISON, 62 Sixt AVEN' 1 worst diseasos immediately. ‘Cons Andoorrespondence atricily private, COOPER, 14 DUANE STREET, MAY BE CON. sulted on all private diseases, Thirty years exclusty devoted to diseases enables him to ta eure i al CURES THR jon at ai! hours. —asenrecneneneteitpomatsininenitten Ff LIFE. —THE GENUINE BOLD ONLY BY WERS, 196 Ete street, Restores lost . shattered constitution, sna LA, Wena BLES VOR ce ea EES ECE: Pere STR S t TXT ei