The New York Herald Newspaper, December 18, 1866, Page 8

8 THE COURTS. VATED STATES cincucT COURT. : o Before Judge Smalley, Yo the case of Benkard & Hutton against Augustus Henell, counsel! onjyither side having closed the testimony ee and their arguments, the Court reviewed the points of Jaw involved, and submitted the question of fact tothe In his charge to the jury he sald:— @uyruomy ov tas JoRY—This is an action of * brought by the plaintiffs against "Augustus Bcbell, the 3 ay, Roommate of Ua Bea eee - law, exacted ‘welt | amount ot which now Seen os 4 eae, and which hai be- coltector, for he ‘is responsible for the official act £2 scbordinatey in execu of the amount actually pald ‘by them on their invoices of foods, and egainst the pay- weent of which trey protested? If this was so then @xaction Lose nore whet was scinahy paid by them ry nded. rete fuck ter yo ‘i. one case you will remem- ‘tbat evidence tor the plaintiff on this pol: you will fad a verdict upon it, The second question what was the ‘woual rate of commission on these goods? The most of ‘these came from Continental Europe. You have the evidence = this bare ‘Witnesses, both the and the ot of the Custom House, testiied usual rate of from Gontinental rope was two per cent, excopt Paris, which was three cent, Great Britain one and a half per cent,. From Bee papers bere it appears that, in some cases, they maiseed it to three cent, on others to two and a half per cent. For years, how- ever, the usual rate was two cent. i it * immaterial what the plaintiff paid—if he paid ve per cent or nothing. The law provides for the pay- weal of duties at the usual rates of commission. If two per cent was the rate of commission and they Tuleed it to two and a half, then the duty in excess upon one-half per cent was illegally exacted and should be re- fended, That is s question of fact for you. The only ether question iit, how came these additions to be made en the entries! You heard the testimony of Mr. Hution and of Mr. Moore, bis ( ustom House clerk, that the en- tries were ati duplicated and all tatroduced here; and the ‘evideuce xhows that various charges were added, or com- wiésions added, and they state that these additions were eompulsory, and they at the time protested against ‘hem aud insisted that they shonid be liable t recover them back; that these additions wero illegal and exactions. ‘They tell you the reugon of their making those entries—" by compoleion;”’ that they had been repeatedly refused at the Custom House to receive them unless they did put them io, and they put them in simply to get possession of their goods, 4'r, Hutton testitied that at a subsequent gore they changed that system, and would not allow em to put in the words ‘‘oy compulsion,” and if they @id, they would not receive the entry, and they changed ‘the worde “by compnision”’ to the words ‘as required,” anil then they were passed. If you believe that this was he manner in which the additions were made to these invoiwes and entries, then the actions §=were and paying these duties Was not volun- on their part, but forced upon them; for wiihout paying them they could not get their goods, It you are satisfied on plaintiff’s testimony that they id these costs and ocbarges tor the purpose of obtain- ing porsestion of their gvods, and that they could nos it them wiibont payment, then they pavi it under bony Guresy—that js, it was @ compulsory actiou op their part, and they haves right to come into court in an. acilon tp recover iis eH asain, ‘These are the. enly questions for you find forthe plaintiff on each and every of these questions you wil returns ‘Verdict for tho plaintif, and 1f you do not find’on each ‘end every of them you will find @ verdict for the ae fondant. Tho jary retired, and aftera few momente came again Mto court with a verdict for the plaintiff. SUPREME COURT—SPECIAL TERM. ‘The Crosade va, the “ing? Injunction Order Hertraining the Mayor and Corporati from Renewing Weod's Premines Lefore Judge G. G. Barnard. e Puliman os, the Mayor, &c.—An order of injunction forbidding and permanently restraining the Mayor, the Board of Aldermen, the Common Council, Matthew TT. Brennan, Comptroller of the city of New York, or their successors, and Fernaudo Wood from continuing or re- mowing the lease of the premises Nos. 115 and 117 Nas- ‘treet, and of which the Inst mamod defendant fs the Jeesor, was granted yesterday by Judge Barnard on eompluint of Christopher Pullman, through Jos. F. Daly, ef counee). The following ure copics of the affidavits upon whi @ complaint was drawn, and of the order @ injunction APPIDANIT. POR INJUNCTION, Puy and County of New York, «.—Christopher Pull- man, being duly sworn, says that he is the plaintiff in ‘the above entitied action; that the defundani—the uy , Aldermen and Commopalty of the city of New ‘ork—is a municipal corporation of limited powers, es- tablished and limited by several charters granted and acts parsed by the peopie of the state of New York, represented in Scuate and Assembly, and this was so at the tines hereinafter stated; that now and at the times Berotnatter stated the defendant, the Common Counell of the city of New York, is and was invested by waid charter with the legislative power, ro far an 08 such power was conferred, of said munici- pal corporation, and is aud was and the members thereof are and were truste:s of the property, funds and effects of said corporation, so far as the same are committed to their management and control. That po and at the times hereinafter mentioned the suid mmon Gouncil is and was composed of two separate Teqvalative boards, called, respectively, the Board of Aidermen and the Board of Councilmen, whose concur. ry to the adoption of any ordinance tie plaintiff is a member of the said mon Council, having been daly elected a member of maid Board of Councilmen to serve from the Ist day of January, 1866, ubhtil the ist day of January, 3867, and im right thereof is a co-trustee with w ether members of the said Common Coaneil of the atorees id property, funds and effects of said corporation, and boond in law and equity to protect and preserve eron property, funds apd effects for and to the citizens ef the elty of New York, who are the beneficiaries of eald That the detendant Matthew T. Brennan is cer of said taunicipal corporation, an and the chief or head of « department thereof, ‘ematlised by the ‘wloredai® charter, end. called. the Finance Vepartment, and aa such sald defendant is @alled ine Compirolier of the city of New York. the defeudauts, the Common Council of said city, have general charge of providing offices for the several fuente, bureaus and officers of said mumcipal corpora- tion, and when any leases are directed to To axereed, By the Comptroller ot said city upon the bit of such ettioee, the same are to be #0 executed by the Comp- joller aforesaid, on bebaif of the Mayor, ‘Alarm and mmonalty of the city of New York, ’ That from the ‘Int day of May, 1863, untii the 1st day of May, 1866, the feud municipal corporation had teased from defendant Fernando |, certain rooms om the second and thi oow of the buildings Nos. 115 and 117 Nassau street, im aid city, for the aitiess of and to be occupied by ‘the Corporation’Counsel, the Corporation A: and the Public Administrator ot said city, who were then and are mow officers of said municipal corporation; that the last mentioned term the said © during vental for said rooms so leased the sum of 34,200 oiled 1 er, or $6,000 per annum for the Cor, 600 per annum for the Corpor $1,600 por annam for the Public ‘That for a period of three erm for which they were so lea: we aforcenid, the Corporation Counsel aforesaid refused Recceey or use the said fooms or Oe 4 jon thereof offers! or any other purposés, and did not during nid term occupy the eaid roome of of them, bat biecd other offices in another building, No. 82 Nasean Street, where he has, ever xince May 1, 1863, kept his ettice of Corporation Counsel, and where he now keeps te same and pow remains, and for which other offices et No. 82 Nawau street the sum of $11,000 as rental for mid three years bas been paid out of the public treasury of anid city by the defendants, the Mayor, Aldermen and Commonaity of the city of Now York. That the Com- won Counc | of said city, well knowiue alt the matters Bbove stated at the several times of the happening there- of, yet, with intent to commit « freed upon the people ‘ot raid city, as deponent believes, did adopt a resolution, of which the-following is copy '—“Resolved, That the « roller be and he is hereby anthorized and directed w the leases now about expiring of premises for he Law Department, Nog. J16 and 117 Nas- for & period of ten years, at the followin mal + —Vor the offices of the Corporation Counsel, $4,000 por annum; for tho office of the Corperation At ferney, $6 000 per annum, and for the offices of the Pab- Be Adminiciraior, $6,000." ‘That thie resolution was sdopted by the said Hoard of Aldermen on the 0th day ot December, 1865, und by the said Board of Gonacilinen en the 1400 day of December, 1845, and was approved by the Mavor of suid ciyon the 14th day of Doconiber, JH65, That in snd by anid resolntion the aaid Common Gouneil designed and intended to bind the eaid corpora ioe 16 pay for the aforesnid rooms whieh the gald Corpo: vation Counsel refused to osmupy and abendoned, and whish now and for three venrs past bave remained vacant ax nforeraid, the Him of $4,000 per year for ten years, or $80,000, for rooms which not and cannot be, Soa. never will be eppliea to the uso which said mon Counet] pretended to hire them for, as the said Common Council and the mewhers thorrot ai the time of ecopting raid resojation well knew. That the said roome o t be hired feild reeatution for the une of He Corporation Counsel Rot Worth more than the gum of $2,500 per annum, and the rooms ro ordered by Paid resolation to be hired for the ure of the vald Corpe- Fehon Attormeyeod Public Administrator are togeiher ‘Werth no worm than $2,500 per ANhOM, ADd toat the anid Common Coonei!, ip and by aid resolution, denignéd and Itended to expend m MmId term OF MED Vonse therein | delenee produced tee loreom ted amen by me Neer ap im thie sotioe, and inthe’ a@davc ofthe plana upon of Pheodore Roosevelt, stated thie day, that cauee for injunction exists, 1 do order that the defendante, the Mayor, Aldermen and Commonalty of the city of New York, and tbe Common Counciliof said.city, and their a refrain from wing: jemon or giv! afvent 40 the defendants, & New fork and MW cuichioates County Railroad Company, to lay rails or tracks, or to construct @ railroad, in or through the following streets of said vity, viz: Pearl, Whiteball, Water, Ful- ton, Fourteenth, New Bowery, Bowery, Fourth avenue, Fourteenth, Irving Lexington aveaue, Fifty- seventh, Broadway, uingdale road or Kings bridge Toud; aud that the deCendanta, the New. York and West- chester County Railroad Company, their Cae officers, servants, emnployés, and all other persons under them or claiming authority under the resoiution of the said Common Council, passed December 29, 1864, set forth ‘mn aid complaint and affidavit, refrain from laying or to lay or. construct, railroad tracks or railroads, or up or interfering in manner with the pavements in any of the apy aforesaid streets; and 1 do further order that all ings un- dee the order to show cause and preliminary injunction heretofore granted in this action, and the mouon for in- junction already made heres be stayed until the farther order of this court, made on notice. GEOKGE G, BARNARD, Justice. Dec. 27, 1866. - SUPERIOR COURT—TAIAL TERM—PART |. Action to Recover M: Rald by Mistake. Before Judge McCunn, Hiram J. Messenger vs. Lowise F. Smith.—The plain- tiff im thie case bring an action to recover $500, which it is alleged was paid to defendant by mistake on the 6tb of December, 1866, with her knowledge and consent, The complaint states thaton thedth of Angust, 1865, about a month before the payment of this money, Mra. Parse thcough WaatingtouHiriet bet poeket waa cut jarket cul tnd the wouey abetzadted, and that she aid not know that zhe was overpaid. ‘The evidence for the ition went to show that devendant had been paid the money claimed in the charge. The evidence Cy the part of the defence was poettine upon the point that the defendant did nut count the money. * The counsel for the defence argued that the defendant did not know how much money had been paid to her; that she did not count it, and supposed that the loan been paid. The counsel for the plaintiff argued that de- fendant knew she was overpaid, and had concocted this story for the pur; of keeping the money. Judge McCunn Hea the jurythat it was a simple ques- tion of fact for them to decide as to which testimony they we ror The jury returned a verdict in the sum oO! SUPERIOR COURT--TRIAL TERM--PART 2. Ateged Sale ef Gold Stocks on Deposit. Before Jhdge Monell. Wentworth S. Buller vs, Edward R. MeTivaine.—The plaintiff in this cage charged the defendant with having sold one Hundred shares of the Benton Gold Company and one hundred shares of the Smith & Parmelee Gold Company, valned fat $200, Which were deposited with defendant, and that he converted the money to bis own ues, This the defendant devied explicitly, and claimed that plainti® owned nim $500, which that stock was intended to pay, The evidence given by the plaintiff was flatly con- tradicted by that of the defendant—the former swearing ‘hat he made a demand for the gold shares, to be deliv- ered to him, which the latter as emphatically denied. Judge Monel, in his charge to the jury, said that the pripeipal fact for them to consider was #3 to which ot the witneskes they should be inclined to beliove ' pre- ference to the other. . The jury not a vefore the time for the adjourn. ment of the court, were instructed to render « sealed verdict. Counsel for pisiaus, Larned and Warren; for and Peirce. defendant, Sewell SUPERIOR COURT—CHAMBERS—SPECIAL TERM. Action for # Partition of Property. Before Justice Robertson. Bmily Fowler Ford vx, August Belmont and others, Trus- teea for Caroline J. Belmont,—This was an action for a partition, the plaintiff claimigg to be two-thirds ownor of certain lots of land on the easterly side of this city, of which the defendants were shown to be in possession under conveyances purporting to convey to them the whole property, The plaintiff claimed under » convey- ance from the general assignee in bankruptcy in Octo- ber, 1860, as assignee of Dunbar 8. The defend- anta showed that by the sehedulcs annexed to the peti- tion in bankruptcy the bank: set forth that bis inter- ent was omy one-th! and the other two-thirds were held by bim in trust for a third » and also ‘that in 1846 tho ee ee had conveyed the one- third interest, which was all that the bankrupt claimed, to a pereon ander whom the defendants derived title, The nature of the trust and the limitation of orn answer in obancery ‘ied tn 1842, whil> he was owner and before the decree in bankruptcy. Decision reserved. J. Townshend for plaintiff; J. La- rocque for tn (MARINE COURT. Linbility of Steam Tuge. Refore Judge Hearn and a Jury. L. W. Rickard and others ws. Stephen Roberta and others. ~The particulars of this case have already been reported in the Henarn, It was an action by the piain- tif against the defendants to recover damages to the amount of $500 for alleged injuries to a vessel, the roperty ofthe plaintiffs, which was Detnig tote from New York to Norwalk. Conn, by a tugboat belonging to the defendants, and which vessel, it was claimed, was TUD Againas rocks, 1 ng to the, negligent towing of the defendants, who denied their Nability, and contended that the risk, in conformity with the wsal custom( should be undertaken by the owners and master of the ship, The jary found a verdict for the plaintiff. Coun- sel for the plain, BL A. Walker; for defendants Benedict en’! Tracy. , COURT OF GENERAL SESSIONS, Before Recorder Hackett, Afier the opening of the court yesterday, James Conners, charged with stealing $90 in money and $150 doliars worth of jewolry from Nenriotta Gaw, 149 Clinton atreot, on the iéth of November, pleaded guilty to grand larceny, He wag sentenced to the State Prison for fout yeare and ex moothe, Veter Geor ploaded guilty to an attempt nt grand larveny, baving on the Lith of November stolen iwo vote of harnes# vained at $110, the property of Henry Sebricfer. James Bell, who stole $61 worth of jeweiry on the 224 of eon ae = - ore somes 628 Broadway, pleaced guilty to an attempt There puenen ere cach leh to te Bute Priton for two CONVICTION OF 4 NOTORIOUR FICKTOCEFT. James Doian aline Fatty Davia waa tried and con icted, of picking the ‘of George %. Barthoif of $110, on the evening the 6th of November, while nding on one of i The complainant saentifed hie ‘ae poliee af. Willams and Benjautay. ‘Craig, all ooldenta of positively that was in Boston » accused at various times during the day, and one was conversing with him between four aud tivo o'clock in the afternoon of thatday. The jury rendered @ verdict of Guilty, Hoe was remanded for seutence on motion of his Counsel, who purposes bringing out 4 writ of error, Catbarine Sherman, an old woman, charged with eteal- Mg a pockethook containing $3 75 from Margaret MeCor- mick, No, 74 Frontutreet, on the 4th of October, gull to au attempt at larceny. Bhe wili be sentenced Rosa ows was on trial charged with steal ing, on the 80th of r, worth ot w y the propery of Boveri & anderson, No. 1ba Wet ‘hirty-seventh The testimony was somewhat and, as the jury were unable to agree, the 34 may not be to ptate that the Recorder di- captain .@ officers attached to the court to afi"aeh St OtE nas Se Sk HU ad io, ans sia Se sre, se, a6, ea 00,2490, 100 49s: 100T oan, 000s 8h, HK Gunes ee Hy a ‘begins repoe . Howard, Sarab Bary Bolanty Max Hoeane ‘and Mariana Wil - Farcdions “iment koa Batted. raluand. uh, aa SUPREME COURT—CIRCUIT. BROOKLYN. Ten Thousand Dollars Damages Claimed for Injuries Received, Against n Ferry Company. Before Judge Gilbert. The case of Catharine N. Crosby against the New Judge Gilbert, The complaint alleges that on the 20th of March, 1865, Mrs Crosby, the com- plaipant, was a epger on the f Boat Nebrask and ty while ie sranaty from Beatie to New ork. 6 defendants allowed said boat to be carolexsly, He th gently, unskiifully, iMegally and wrongfully managed their servants and avents,” in consequence ot which a collision took place between it and the United States @un- boat Murcootah, which was proceeding dowa the Tort riverat the time. Mrs. Crosby, from the eflect of the shock, it 1s alleged, suffered such injuries of the hip and side as to require medica! treatment. TI she has now recovered from immediate injuries she belioves that she ie acripple for and therefore lays at $10,000, Messrs, Jenks and Knowlton for plaintiff, and R. M. Huntley for defendants, The caso ts still on. GTY COURT CALENDAR TO-DAY, int 6, 62, 69, 81 to 88 inclusive, 2, 13, 17, $4, 26, 40, i LEGAL DECISION—IMPORTANT TC COLD BROMERS. An important decision regarding the liability of brokers who purchase gold for speculators depositing @ margin, has, after a three weeks’ trial in which the ablest coun- eel was employed, beon made in Baltimore, In or about October, 1864, man named Bogle em- ployed Thomas T. Carson, a broker and banker of bigh standing in Baltimore, to purchase gold coin to be car- ried on margin for Bogie. On the 10th of November, 1864, Carson reported to Bogle that he bad purchased for bim by H. &B, went thas York, $5,000 American by br money, All the dealings be- a (which were very extensive) were is general races bey that in Decem- ber, 1864, all the gold which been put for account of Carson had been sold out, and he had become “short” to a considerable sum. On who ‘pu money to pay for the golgand takes it into his porses- sion, and thereafter uses that gold as his own, selling or hypothecating or lending it out, or otherwise disposing obk ‘as hg copvemience may require, and that he fulfils his obligation to his customer by having on hand or held. ing himself ablo aud ready to deliver an equivalent ‘amount in gold whenever his customer shall demand it and to sottle his acconnt. ‘Witnesses on the part of the defence such to be the general usage in New York and timore. Other witnesses, produced on the part of plaintiff, declared their ignorance of the existence of any such general usage. According to their testimony, conservative houses of real merit retained the gold which they pur. chseed for their costomors, At the same time they had Treason to believe that other houses of good and ‘more enterprise acted upon a different principle. It was further shown tbat where one broker purchased for acustomer through the agency of another broker, the agent broker deals with the broker, giving the order as his princi; ‘The entries connected with the execn- tiow of the order go into general account between the two brokers, and the gold purchased is held by the broker making the purchase asa security for any balance which may be due t him on general account. ‘On this outlive of facts Judge Martin instructed the qury :—J. That by the general law Carson was bound to ave paid the purchase money for the gold purchased for account of Bogle, and to bave taken that gold into his Own possession; and that unless he could show that by 4] agreement between himself and Bogle the money was to remain in the hands of his agent in New York, subject to their len tor the expended in the purchase thereof, and for any ce which wight appear to be due on general account, the execu- trix of Bogle bad a right to repudiate the purchase and to Cee a retarn ee or <a values, at the respective times: deposit. That - eral law, aud independent of ‘any special prt a Drones ‘or other factor is bound to retam possession of the thing prirchased for account of bis principal. In the case of gold coin, which has in itself nothing to distinguish ite value from other gold coin of like denomination, the broker faifils his duty by Lege on hand, ciear of all other contracts, an ainount of gold coin of, an spre value to that which was purchased, Hence if Carson bad taken into his actual possession the gold coin which he had ostenmbly purchased for Bogie, and had subse- quently Ce yo the same to his own use, the plain. ur would entitled to recover, unless Carson could show the oxistence of a usage ‘uniform, éefinite, gene- ral and well known,” which authorized a broker to sell or otherwise use or appropriate gold coin which he bad purchased for account of his customer. ‘The Jury, under these instructions, found a verdict for the plaintiff for the full value of her demand. BOARD OF ALDERMEN, A New Nomina Oftce. ‘ ‘The Board met at two o'clock yesterday afternoon, President Brice in the chair, A communication was received from the Mayor, veto- ing the reselution granting a portion of the Battery to the general government for the erection thereon of a barge and revenue office. The Mayor says that the deed of the property showid contain a clause to the effect that the ty shall revert to the city when it ceases to be w for thé purpowes named; that the of way actpes the Battery onght not to be inclesed, that the mpatter sould be referred to the Commissioners of ‘the Sinktog Pond for their eanction. PR to the committee having the matter Ip ne. A communication from the Mayor, nominating George W. MeLean for the office of Street Commissioner, Was alvo received bad aid over. ‘ The resolution favoring the proposed cession of a por on of the City Holl Park to the government for theres. tablishment of a new Post Office was received, from the Board of Councilmen, whore approval it bad previously obtained. A brief discussion ensned as to iis adoption. Alderman Mawrersow stated that the Hrranp had pub- lished an article denouncing sch cession as a consam- mate swindle, Ifthe committee knew anything about the matter the speaker would like to be enlightened on the subject, Disposing of property. worth $2,000,000 on paymont of one-quarter of that amount certainly ap somewhat suaptctous. Aldermun MoGrests opined that no belief ought to be placed in the of amy Soin ‘That the Board of Aldermen nota party to mpposed awindle ‘was at all eventaevident; for none of the money was fo pass through their bande, The rerolution ceding the property for the nee? ee ae ae adopted by a vote of ten On motion the Board adjourned to meet this afternoon at half-past two o'clock, BOARD OF COUNCILMEN, Thie Board met yesterday afternoon and transacted constderahie roatine business. An old bill of BK. Van Ranst for carringes furnished on the 4th of J amounting to was J Pypctereb nbn taseunseene “John meity ta the sor of $175 for the loss of his boree which. w drowned at tie foot of Rivington street, caused erable devate, Mr. tak ing 8 leading part ia oppe fition fo it The paper waa final @ Bows mdjousued to weet op Thureday, CANADA. SPECIAL TELEGRAM TO THE WERALD, The Upper ja Bank--Bills Filed Againet the Cashier and Directors on Charges of Swindling. Tonosto, ‘Dec, 27, 1860, Great excitement ie felt here regarding the position of the Upper Canada Bank and the chavee of shareholders getting anything, The whole affair is characterized asa swindle. Two bills have beem filed in chancery to-day against the cashier and directors, one charging that $40,000 has been misappropriated to the bene(t of the directors, and the other impeaching transactions in which Mr. Cassel, tie cashier, has been personally ¢n- gaged. Incendiary Attemp Dion, the Billiard Cham- &o. Tororto, Dec. 17, 1866. A daringattempt was made yeslerdéy morning to set fireto Dr. Newcombe’s residence, on Yonge street. It was fired both im front and rear, and the sheds, stable Dion, the 1D, pleves a game of five Dundred points with Mr. May, at the Revere House. The oe was tenet eeu termination by a ron of Boar bs a4 mine y-five pointe by the peepee by Dion by ae The Queen's Own Dincontented. . Mowranat,. Dec, 17, 1866. Therois much dtecont she Queen's Own: - sending in their penignation. ’ The New Live of Steamers Betwoen Mentecal : , anewicls and Mew Bri fe Monrasan, Dee. 17, 1868, The Secretary of the Momtreal Board of Trade w con- ferring with the Board of Trade of Charlottetown in re- lation to the establishment of a line of steamers to ran between Montreal and New Brunswick pext summer. Montreal mercbante are moving energetically to open regular communication by steam with the lower pro- vinces aad other pointe, . Trial of C el _Dennis—Resignation ef the, American Consul—The Confederation Quer. thon, &c. Orrawa, Deo, 14, 1866, The court of inquiry on the Fort Erie affair, granted on the applics et Lieutenant Colone] Dennis, as to is conduct dui the engagement with the Fenians last June, have prevented their report. The charges are:— First—That he evinced ulster disregard for the lives of his men and the safe keeping of w large number of Fenian rlsoners. Pm PiJecoud—"That he recklovily landed five officers wnd sixty. eight men from tho steamer Robb and pos ine mont dangerous position, exposed to a front and Nanking tire from an overwhelining force of the: enemy, resulting in igaster Third—That he knew that an overwhelming force ot the enemy wero approaching, arkd neglevled 10 provide for the safety of bis men by retreating the steamer Robb. Fourth—That he gave orders not to fire, and then deserted hin command to secure his personal safety. ‘That be reported falsely © bto s:iperior officers as to this engagement, Sixth=That he neglected bis duty in, not embarking bis menon the steamer Robb and eudeavoring to prevent the esoape of the Fenians acrova the river. ‘The Court decided these charges not sustained in any particular, ¢he President, Col. Denison, dissenting from the decision as to tho first and. second charges. His Ex- cellency, Commander-in-Chief Sir J. Michel, concurred in the decision, except as regards No.2 Ho thought Col. Dennis committed an error of judgment in landlog his smali force without ascertaining the force of the enemy approaching. A militia general order directs the staff officers of die- triets to return all ammunition forwarded to ficid bat- tories to Montreal before the 3ist inat, An order in council exempts from duty flour or ment made from grain sent fro! to the United Sates to be ground and brought back within @ week. ‘Discount om American invoices tor the week twenty- seven per cent, Sv ieee companies of volunteer jofamtry are euthor- . & meeting in Loddon, Kogland, have approved fSalactpind the ttt amalgamate that road with tho nk. ‘Trai Mr. biear the American Consul bere, baa resigned, ig hed sus Mr. stayeine All A 7 MoDouaid asd’ Homlaad hed 0 een, cain, view with Lord Carnarvon the day following bis arrival here for London. ‘The latest intelligence fully confirms the expectation of ap early compiction of the federation. The mariume delegates expected to return about Now Year's, and aiso ‘etated in regard to the vacancies which recently occurred im Partament that no write for new elections will be ed for the prosent, a it. was almost certam-a general election under the new constitution would take place within six months, The Provincial Delegates in England Pro- nounce Against Ottawa as the Capital— Sailer Drowned, &c. Qvesre, C. E., Dec. 17, 1806. ‘The Journal de Quebec publishes an extract from a let- ter from a source worthy of confidence, stating that a majority of the delegates of al) the British North Ameri- can Provinces now in London have pronounced against Ottawa as the capital of the confederation, py ing Montreal or Quebec, On S lay night a sailor belonging to her Britannic Majesty's sbip Aurora fel) into the river and was drowned. Annoxation in Canada. 50 THE BUITOR OF THE HERALD. Canana, Dec. 4, 1866. Hoping that you will allow me to make use of a small portion of your valuable space for the parpose of discussing a question of mational interest, I take the liberty of troubling you with eome observations upon the question known and characterized in Canada as “Annexation.” We, in Canada, have of late had this matter very forcibly brought home te our minds. Our narrow national prejudices and predilections seem to be Just on the eve of giving way to the higher influences of national and personal interest. ‘It is the last ounce that breaks the camel's back.”” And the people of Canada bow only wait the consummation of a bargain in a quict diplomatic manner, or a pretext for them to rise and demand of their rulers a closer attention to their eocial and pecuniary interests, to enable them to burst through the unnatural barriers that divide thera from the neigh- boring republic with ite teeming millions and untold re- sources, The original British tnbabitants of Canada having come, as they did in very many cases, from the Vnited States, at or about the time of the American revolution of 1776, and having left their homes because they would not jend a to the movement then on foot, entertained atan early day the most violent t pre dices against the “Americans,”’ as they are called, and all the, institutions introduced by them and differing in the slightest degree from the time honored tmstitutions of the mother country. The-attempte made by the States then struggling for thetr independence to get Canada to join in their enterprise, together with the tales of hardship and saffering © told by those who had fied from what they considered most un- justifiable persecution, served to spread and strengthen the hosulity between the two nations, and wiowght up alinost insarmountable obstacles to a dit jonate un- derstanding by the people of Canada of the respective —- jeresteof the two Paes nnctye pw! ae ‘ices thus ear iired, were fostered petted an pampered by heod usa banded down as & sine qua nn, under British authority, to the then rising generation. 11 is not t0 be wondered at that the ‘people of the United Stated entértained, at the time of the oo the most bitter of hostility to Britain the lege from which they aa oan so moan: wrongs. ae 4 = vo resiet ae ee relief J und, to 9 o is saan, ati Ghece bickernge cea be lid aside.” It 15 quite ‘nataral er cn aside. jul a ital aside her id 80, ritain from jentes, shou dave int inoenséd at the thirteen States for par- auing the course they @id. However wrong, in fact, a parent be inthe management and control of hie charge, long: as he thinks hie urse the correct one—aud where js the doer not think his course the correct one’—he wiil look with the atumost rigor ar to bis authority, and if at last compelled to yield, will cast off the delinquent with bis bitterest maledictions. . The im- migration to'Canada, too, of thousands from the mother country haseerved, at tirres,to wdd fresh vigor to thedame that might wider otlrer circumstances buve bagun long before this to fadeaway. These natural, though perhay unfounded, prejudives bave been compelied to yield to t aivancement ° aon, and the fatal droppings of the ewnds of tine, old heroes, a# they were styled, ot ‘74, who loft their and comnfortable homes in the East, and sought a babitation in the wilde of a Canadian , have long since ceased to teach their sons to hate the United States and all thelr institutions, and those fons bave forgotten many of the lessons thus taught them in their childhood, The parental and imporiai scorn witb which England herself hae heretofore been pigased to Jook down upon the United States, hae been foreéd to Yield to the development of American commerce and to the permanent establiahment of American nationality ; while the Amoricans themsaives. have. grown to such « Porition. thas they.can at once pity oud despise Ube 1 potent menaces of a garden Jike the British porses. fions on this continent. of all the partes interested, aa well as ther chan) ercumstances and mutuall, aperyiont interests, have at last opened their eyes to their true position. The people of Canada, although seoing*the goal to which ther Taiarcov@ranas anatente them, bave been, as yet, wanting in the moral courage to prociaim their real ren- ‘ments. Thas of ais which in eariy forved mo iF on —s fy) near tot privet; ten ont mmr " up to present time pre revind o a and ‘aur leading ep Reed hotd of the subject preventing it w pad. Ne, a8 they, im thair own minds and in their private medi- tations, must understand it, That spirit of self renance and aye independence prompted the founders of the American strike for freetow and ““row of the chains whieh would, im the light end used by dos!guin; litical tricksters poo ews “4 their real interests, and build ih ps my ger eg ft copoly bas thas a to the far prevented the matter trom public discussion. There is scarcely @ business man or & commercia! man in the provinces who does uot feel tuat pr ig frow a continuation of the I t i } as & i 4 H 5s Le wpeak ible to him than the theme own the is inviting, How unfortunate it ie when judices prevent a country from Bropeery cial thetr beet interests! But how much more dep! ig 1. when national flunkeyism prevents even @ dispas- et ai investigation of a intimately connected a with iu and future ? Thad at wi things of a Canadien Fete, and Lheve wal bade bali that the time is cys age when amongst e ism and moral courage suflicient, Py’ im in our se han aes ees a cesta a on ry Jom bey As yor its next thing to end for ® person in Canada to avow “ ation.” The blind populace goaded on by ‘ power, and who we all to condition of afi im for ‘annexation.’ ee eee we rotired from the more ve noenes of life, do mot care to meddie-with that & H of | t af Hi iH G i EF 3 forms and ceremonies: or pari! ‘Dim and those depending upon him of that subsistence or those privileges which a more manly and independent red tyet eal ea right iation of i want in self. me it appreci mn of its own importance *wiael 18 tutimidated wbmission tou state of afhirs at once prejudicial and humiliating to it, while it # pone the less diegraceful to allow its own sentimentaltem to doter it trom adopting a wiser course. We in Canada are but @ dependency at beat. We owe ‘our protection to # foreign Power. The most violent po- Jitical demuagogue among us would not for ono moment Maintain that we could subsist unaided by a strouger arm than our own. However brave and imtrepid we may have been in times gone by, and bowe' c fal our former efforte may have those most Diinded by vational, political or religious preju- dices must plininiy see that ciroumstances are materially changed of late.. Do we wish 1o* become &@ great nation? Do wish to jet go the leading striugs that are becoming alone the years of infancy and de- pendence? That feoling has undoubtedly manifested itaelf in the great confederation question, The force of pubtic opinion, the unearinese of our populace, owing to the unnatural condition they occupy, bas driven those in power to seek for some subject upon which to fix popular ‘attention, and they have happened upon the chimerical scbeme of Confederation. They hope thus ‘to arrest that uneasiness, to fritter avvay the valuabio time of the nation and maintain the positions which chance or fortune may have given them. What xood, eormensurate with the good to grow out of annexation can possibly reault to Canada from the much talked of scheine of confederation? Itis mot a modification in the form of our government or tbe extension of that government to other colonics that we require. It is greater advautages in tho way of trade and commerce that the people demand, and it ig the want of these ad- vantages that is causing the popular discontent #0 ob- wervable in the country. Our trade will tn no way bo mparey improved by the adoption of the scheme pro- |. No new trade of [ap ebers cap possibly spring up, Advantages for trade between the States likely to become parts of the Confederation have heretofore existed, but they have mot beeu embraced. Undoubted- jy, if those advantages bad been what the wants of a growing and ambitious province required, they would have been turned to account lone ago. Under the en ment some addi facilities way be ofiered; but unless the trade ts in accordance wien the great lawa ot commerce and national require- it can ever serve to reader one nation great, if it had been im accordance with those laws po petty g rebtriction that. have existod and that may be removed by (erate at ie would have pre- ons. o ena" », the trade between the producing fields of Canada ‘Western States and the cun- suming millions of the East has not been pi ‘Tho natura! channels of trade, like the river, quietly, but certamly, wending its way onward to the ‘must of necessity find ite outlet, while the construction of artiticial channels is expensive in the beginning and disastrous in the end, ‘What odds should it make to.a grazier or a farmer in thix country what flag floated over the land he occupied if he could get twenty per cent more for his ace than he does under present circumstances? Would it not be more digni! if it is national dignity that we are punctilious about, to say that we were @ part and parce) of a great and prosperous nation than to own our dependence us but a colony at best of a foreign Power? If it is national pride that is preventing the consumma- tion of a unfon with the States it must certainly be the Diladext kind of pride, What is our real national position? We are a dependence of the British Empire, and as such must necessarily be mixed up inpber national ee be they originated as they may. fe know not in these uncertain times what a year may bring forth. We are not sare that before another year rolls round dificulty may not ariée between and the Unked States, ‘The signs of the times seem to indicate nothing less, The Alabama claims are as yet@ bone of contention. ‘The Fenian difficulties are by no means settled. Tue Mexican affairs are shaping for war, Besides the meas- ures in Canada forbode a change in {the present con- dition of affairs, If England and the United states should come to blows, be it upon a matter of ever go little interest to us, must be the scene of the conflict. What woula be the result of auch a calamity, however the contest might result, let the devastated fields of ginia, Jennessee and Kentucky answer. Ours is indeed un upenviable condition. It was lately a matter of dis- cussion with the authorities at home whether in case of war between England and the United States the contest should be decided on Canadian soil] or on the high seas, aod the conclusion e to was that Canada must be more effectually fortified, intimating that her peaceful Heide might expect to be the #cene of action. Is itany wonder that, with these Ly itere before them, men of means avoid our shores as yy woulda pesti- lence? Is it any wonder that capital is every te Bad ing throagh our country.to seek investment in the West, this uncertainty does not exist? And is it any wonder that = a rising men bP ae our country are their way as ly as possibie to where can fod thas securtty whieh o mote patriot. im io for the time in power donies them here? But, aside from the anomalous position we ocoupy in being the ackuow! and devoted battle field for fu- rier py eee oat 6 icy ‘naw; ernment in ‘puiatsiong barriers trade between facilites, as um. twouched, would be at one developed, Ail the life and commercial enierprine that charnoterizes the cities and rural distriet# of the West would be seen among our hitherto dormant population, But why ¢ tent upon advantages so aumistakable to all mready tron, wo far apow your attention It may be naturally ack however, how js annexa- tion to be accomplisued? TN cannot be doubted by any oue who has watched the discussions in the House uf Commons in England respectin; colonial existence that it would be quite a# easy for us to get the consent of she home goverament to a union with the United at pre- Thave ry to the wishes of Canadians, and wuthorit home, whether by he people or otherwise, that our ition is uneatiefactory, and that without ‘tauy roflection upon the mother country, lightly tho favore that may have been shown yy her in other days ad under other circumstances, we dexiso 10 become & part of the ican republic, she Will, With ber accustomed faraigltedness and’ mag: panimity, grant our request. England hes no interest in sumtalniog Canada. Bhe js BOL a penny into her treasury, Commerce between Bugland and Canada Ine bors under nearly tho same restrictions that it does be- tween England and the United Siates; bevides, a large ivem in the taxation of Britain is for the admixtration of al LK. coleales great argument used here in opposition to aunexas tion, even hove who see the wupidity OF ucging ne onal prey: ‘Sue Ageacon for the soaeme, in thas in the eventor a union wilh wot Siates'wo ehowid be compiled to assist ia pay ing off the wae devi intely Inourred by the latter, and (hus, 4 to euch # syniom OF WAAiOW as Would be Win! > which would av. sympathy or noe 1: juestion to future It with generalities, and will hereafter treat the Joct wore in detail CANADIAN, THE ALLEGED CLERICAL PiCKPOCKKT. Summiug Up of Counsel—Decision Reserved. The case of the Rev, George T. Williams, whieh for some time past has absorbed the attention of Justive Dodge at the Jefferson Market Police Court, was up again yesterday afternoon on adjournment, for the par-- pose of being summed up by the counsel engaged on both sides, The court room was, as usual, densely crowded, and the apparent interest in the onse had not ig the least abated. ‘The proceedings were opened by Mr, Pryor, op bebalf of ‘the " i juent and Seattic ‘addvons, rortewed thet waiioony’ ded, oulled from it certain portions as tending to that the rincipal witness for the prosecution had contradicted rself m important of her evidence. The coun- sel assailed ularly the testimony of Miss Irving and aoe oe praipectae gato! it in which jae Irving aaw haad under Moore's. and afterwards testified that she did not see him pat hi! but that she saw him while his hand wae under the dress, and saw him withdraw it with the 4 ‘The counsel remarked that his Honor, in dolivered by him on the admission of evidence of wad ‘sl may I Saas” and he (ie sousoel) folly cousurred.tn the oplatcn cage, and he (' ) that it was an extraordinary cas:, and thet it was easier to understand that the two or three witnesses might see wrougly or oven speak falsel; the un! man whom they could possibly bave been guilty might be false or|we it read them there bave beon cases in which circumstances were @ranger against the prisoner than in this case, aod 19 which, the trath having been finally arrived at, the prisoners were fount to be innocent, The counrel un- dertook to show that it was a physical Leupenep itty for the prisoner to have committed the crime the fact that the position ia which he sat would render it almost impossible ‘or him to have done it without exciting sus- Hp jon or detection, He dw-lt largely on the fact thar iss Irving testided that the transaction only oc:apied two seconds, and also that no knife or other sharp in- siraiment, wiih which the pocket could be cut, iad been seen with vr found on the prisoner, and he Inid great stress on the testimony of the dotectives which, he said, tended to show that the pocket had been cut by an ex- pert, and stated that it was Preposterous to suppose that this ‘rustic youth,” who probably had never known’ that such means were resort- ed to by plckpockets, conld have been an expert; he argued that it was a physical tm, ibility for the prisoner, not an expert, and without a knife er other instrument, to do # thing which connoisseurs had stated’ was the work of ap expert. He argued further thai it was a moral {mpossfbility for a mun who had borne such an excecdingly good character provious to this occurrence to be guilty of the crime charged against him, and he closed bis discourse by a strohg pathetic appeal on be- half of the family of the pricouor at the bar, and by stating that against the probablo cause to suppose the prisoner gullty he opposed the facts that thers was no motive to commit the crime, that it was a physical im- possibility for him to have committed it under the cir- cumstancea, that it was a physical impossibility for him: to have committed it because of his want of exportnese, and that i: was a moral Impossibility fora man of such iutegrity of principle and of such consistent piety to have been guilty of such a crime, When Mr. Pryor finished his d:stourse several person» im the audience appiauded him, but this want of respect and decorum—which, by thé Way, hag been frequently sown during this frial--was promptly rebuked by Jos : tice Dodge, who ordered the officers in attendance to par- ticularize some of those who had been guilty of such dis-- respect and he would make an example ot them. The Officers, however, could not particularize and the metter ‘was allowed to drop with the rebuke of the Juste. Mr. Murray, counsel for tho prosecution, stated that he would'leave the summing up ou the side of the prosecu- tion to Assistant Di ‘Aitorney Bedford, who was cys ed that officer deciinca and Mr. Murrey pro- ceeded to eum up. He stated that those who expected to hear for the prosecution any flowery or eloquent apeccds. on the show favor of world canse disappointed, after would not attempt, with which ~ and that instead of hailing the driver he and jumped in, pulling the doer open. while the stage was moving, aud instead of taking a seat on the side of the stage ‘hich of room be seated bimsvif #0 close to Mra. a to oblige her to pull hor skirts closely around her. Mr. Murray explained the apparent cont of Mise irpme's peimeny by stating that when the tesiimenay Tea Twas the takeo attempt made by the prisoner to escape when be had v pookt ‘ing the* pocketboo! tion to give Mrs, would let him go, statements as to where he found hook; that at one time he said he found it on the seat, and atanotber time, on the floor. The counsel then read from the Reports of Russell, Parker, Hympbreys, Bur- rifl, and other extracts, of the ralings in anal 2 to the case under consideration, and in which per: of high standing in society had been foand guilty of crimes which their former lives would tend to show they could scarcely be suspected of, The famibar cases «f Dr. Webster and Richard Schuyler were also queted; and against the ples tbat they should not suspect » miniser of the Gospel of such a crime, or that wey should not prosecute on such a sus icion, he quoted from St. Paul's episties to the Corin and Theasalon! to show that even the He stated that it was left to~ prisoner must be held for trial on the charge; that if the decision were now against the prigoner, it would not be fastening any guilt Vy im, bat the question would be panel oon y a jury, and that every chrenm- stance for or the prisoner would theo be more carefully and eaborately examined, Justice Dodge for the present he would re- serve his decision, but would give due motice of his in- tention to deliver ft, OBITUARY. James H. Fonda. Thia gentleman, well known to the citizens of New York as President of the Mechanics’ Banking As+ocia Uon, died on Saturday last at his residence in Brookiyn,. after a long and severe iMness, Mr. Fonds was born at Pp yey gent awe Orgel first entrance Mbusinses wae connected with banking institations. first entered the Dutchess County Bank in the ca~ of teller, and was afterwards Pat w the of cashier, After leaving this institution he pa yom coe’ herchants’ Bank, of Pough- it 5 E ai ite i = ; aritable man in private life, Mr. ly known to the commantty, and his be sincerely regreted by the numerons friends Stas Morris Cochran, more papers of yesterday announewd the of Silas Morris Cochran, Associate Judge xf the» Court of Appesils of Maryland, at his residence in tbe city of Baltimore on Sunday morning last. Hie death ‘was occasioned by « carounele on the back of neck, and from which he suffered greatly, Jw Coch ran was born in Windham, N. ne in Jans, 1820 took up his residence in Baltimore in 1840, studied law ia the office of the late fudge Z, Collins Lee, was admit ted’ to the bar about 1842, and thenceforward devote? himeelf avs to the practice of bis profession. bn 1854 ho served with distinction in the House of Delegates of M nd, having been elected on what was kuew! is the “Temperance” ticket, Ho was chegon an sociale Judge .of the Court of A) having been forinaied by the Union party, already acquired & mest enviable reputation learned and Jarist, fy z An O14 Knickerbocker Gone. Mrs Fuzanera K, Erney, relict of Mr, Beter Prien, of this city, died on Saturday inst, at the age of 1 nety- eight yours. Tho funeral will take place to-day, trom 8. Paul's church, at two o'clock P.M, Bie was tue angest daughter of Dominic Kero, of the Duron ie ormed church, iw thie oky, who left hero with the British forees on Evacuation day. Sho married Voter Erben, who died about three years since at the ripe ob age of ninoty-ex. pany M. Frank, a Distingiished Jowiak Ravnt.” The German papers announced reently the death of M. Frank, a venerable and distinguished rabbi of the Jewish charch of Germany. He was born at Wiloa a 1758, and was one hapdred and eight years of ago at tho time of his death, en at that advanced jod of life he was feotly free from any of the in i bearing was acute, hw might w dur previous his deat Bea ter the habit of taking Jong waka every day. deconued Was Gistinguiebed as & man of reat Were