The New York Herald Newspaper, March 5, 1867, Page 5

¥, estate, Tights or credits, or give any warrant to mg ee ye a saben of legal pi this pre! fo one or more or to any re a m as endorsers, sureties or otherwise, or wilh the intent, by such disposition of his property, to defeat or delay the operation of this act; or who, being a banker, merchant or trader, has fruduleatly stopped or suspended and not (resumed ment of his commercial paper within a period of Boirvcce days, shall be deemed to have committed an act or bankruptoy, and, subject to the conditions here- inafter prescribed, ‘be adjudged a bankrupt on the petition of one or more of his creditors; the aggreguic of whose debts provable under this act amount to at Jeast two hundred and fifty dollars, provided such pe- tition is brought within six months after the act of bankruptcy shall have been committed. And if such person shall be adjudged a bankrupt, recover back the money or oter property so paid, con- veyed, sold, assigned or transferred contrary to this act, provided the person receiving such payment or convey- ance had reasonable cause to believe that afrand on ‘this act was intended, or that the dobtor was insolvent; and such creditor shall not be allowed to prove his debt. See ws po And it further enacted, That filing of the petition authorized a7 next ae oe section, if it shalt pp that suificient grounds exist therefor, the court 1 direct: the entry of an order requiring the debtor to appear and show cause, at a Court af Bankruptcy to be holden at a time to be speci- ‘fied in the order, not less than five days from the service thereof, why the prayer of the petition should not be granted; and may also, by its injunctions, restrain the debtor and any other person, in the meantime, from waking any transfer or disposition of any part of the debtor's. property not excepted by this act from the eperation iiereof ana from Li interference therewith ; and if i sball appear that there is probable cause for believing that the debtor ts about to leave the Cael to remove or conceal his goods and chattels or his evidence of Property, or make any fraudulent convey- ‘ance or disposition thereof, the court may issuo a ‘warrant to the marshal of the district, commanding hhim to arrest. the alleged bankrupt and him safely keep, unless he shali give bail to the satifaction of the court for his rance from time to time, as re- quired by the court, until the decision of the court upon the petition or the order wea and forth- ‘with to take possession provisionally the property and effects of the aedior. and safely keep the same un- til the further order of the court, A copy of the peti- tion and of such order to show cause shall be served on such debtor by delivering the same to him personally, or Jeaving the same at bis last or usual place of abode; or, if such debtor cannot be found, or his place of residence ascertained, service shall be made by publication, in such manner asthe judge may direct, No further pro- ceedings, unless the debtor appear and consent thereto, shall be bad yntil proof shall have been given, to the satisfaction of the court, of such service or publication ; and if such proof be not given on the return day of such order, the proceedings shall be adjqurned, and an order pone that the notice be forthwith so served or pub- I Sxc. 41, And be it further enacted, That on such re- éuro day or adjourned day, if the notice has been duly served or pub! or shalt be waived by the appearance and consent of the debtor, the court stall proceed summarily to hear the allegations of the peti- tioner and debtor, and may adjourn the proceedings from time to time, on good cause shown, and shall, if the debtor on the same day so demand in writing, ordera ‘tral Ay, atthe first ‘erm of the court at which a Jury sha'l be in attendance, to ascortain the fact of such @lleged bankruptcy; and if, upon such hearing or trial, the debtor proves ‘to the satisfaction of the court or of ‘the jury, as the case may be, that the facts ret forth in.| ‘the petition are not true, or that the debtor has paid and satisied all liens upon his property, in case the exist- ence of such liens were the sole ground of the proceed- fing, the proceedings shall be dismissed and the respond- ent shall recover bis costs, ‘Seo, 42. And be it further enacted, That if the facts set forth in the petition are found to be true, or if default ‘Be made by the debtor to appear pursuant to the order, upon due proof of service thereof being made, the court shall adjudge the debtor to be a bankrupt, and, as such, subject to the provisions of this act, and Sha'l forthwith isaue & warrant to take possession of the estate of the debtor. The warrant shail be directed, and the property of the debtor shail be taken thereon, and shall be assigned and distributed in the same manner and with Similar proceedings to thosef hereinbefore provided for the taking possession, assivnment and distribution of ‘the property of the debtor upon his,own petition. Tho erder of adjudication of bankruptcy sbalt require the Bankrupt forthwith, or within such number of 3, NOt ‘exceding five after the date of the order or notice thereof, ‘as shall by the order be prescribed, to make and defivor or transmit by mail, postpaid, to the messenger, a schedule of the creditors and an inventory of his estate in the form and verified in the manoer required of a petitioning debtor by section thirteen. If the debtor bas failed to appear in person, er by attorney, a certified copy of the adjudi- ation shall be forthwith served on bim by detive ery or publication in the mamner hercinbefore provided for the service of the order to show cause; and if the bankrupt is absent or cannot be found, such schedule and inventory shall be prepared by the messenger and tho assignee irom the best information they can obtain. I the petitioning creditor sbali not appear and proceed on the return day, or adjourned day, the court may, wpon the petition of any otuer creditor to the required ‘amount, proceed to adjudicate on such petition, without Requiring # new service or publication of notice to the tor. . OF SUPERSEDING THE BANKRUPT PROCEEDINGS BY ARRANGE- MENT. ‘Suc. 43, And be it further enacted, That if at the firat Fe ‘of creditors, or at avy meeting of creditors to ‘spe called for that purpose, and of which previous motice have been given for such length of time oad ee manner as the court may direct, three. Gourths in value of the creditors whose ciaims have been ved shall determine and resolve that it is for the Tverest of the body of the creditors that the general estate of the bankrupt should be wound up and set- tled, and distribution made among the crediturs by trostecs, under the inspection and direction of a com- mittee of the creditors, it shall be lawiul for the credi- tors to certify and report such resolution to the cor land to nominate one or more trustees to take and hol ‘and distribute the estate, under the direotion of such committee. If it shall appear to the court, after hearing the bankrupt and such creditors as may desire to be Iheard, thas the resolution was duly passed and that the interests of the creditors will be promoted thereby, it all confirm the same; and upon the exeeution and ling by ar on behalf of three-fourths in value of all the rs whose claims have been proved of a consent ‘Ghat the estate of the bankrupt be wound up and settled ‘Dy said trustees according to the terms of such resolu. Sion, the bankrupt or his assignee in bankruptcy, if ap- ited, as the case may be, shail, under the direction of court, and] under oath, convey, transfer and deliver all the property and estate of the bankrupt to the said Rrustee or trustees, who shall, upon such conveyance and @ransfer, have and hold the same in the same manner, ‘and wih the same powers and rights, in all respects, ‘as the bankrupt would have had or held the same no ing in bankruptcy had been taken, or a6 the assigneo in bankruptcy wou! have done had wesolution not been passed; and such consent and the ‘Proceeding thereunder shall be as binding in all respects ‘on any creditor whose debt ia provable who bas not signed the =. af he had i it, — SF ee if provable, is not proved, as it he be fe order shall direct all acts wo er whose ory i i i 1 ! pr iG Ly ft Hl td 5E 3] ii Fi A ie il i ASH il i bj il Fe eee i a 3E 4 i H i ‘ 3 Sere Fe] Sys al i eee il i § ; ie i » 2 Hi & 4 : i EH i assignment iy Jonging to his estate with the like intent, or spends an; part in gaming, or shall, with intetit to defrau wilt and fraudulently conceal from his assignee or emit Bis schedule anv property or effects what ;. or if, im cage of any. person having. to bis Knowledge or belief, \proved a false or fictitious debt against his he shall fail to disclose the same his assignee in ope month after coming to tl knowiedge or belief thereof ; or shall attempt to account for any of hie y by fictitious loases or expenses; or he ded pe hs Vg ist eee of proceed! nkruptey, under the falae color an pretense of exe on breccias and dealing in the or- dinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud; or shall, ‘with intent to defraud his creditors, withia three months next before the commencement of Reorre— im bank- ‘otherwise than by of ae trad : ‘NEW YORK HERALD, TUESDAY, MARCH 5, 1867.~TRIPLE SHEET. other person, any feo, emolument, gratuity, sum of money or anything of value whatever, Oone tan is al- lowed by this act, or which shall be allowed under the authority thereof, such person, when convicted thereof, shail forfeit and pay the sum of not less than $300, and oanerens $500, and be imprisoned not exceeding ree Fears, = 46, And be Be fyrthge eaeeaee, ies any paren, f the signature of @ judge, register or other officer of the ‘court, or shall forge or counterfeit the seal of the courts, or Knowingly concur in using any such forged or counterfeit signature or seal, for the purpose of authenticating any proceeding or document, og shall tender in evidence any such proceeding or document with a false or counterfeit siguature of any such judge, register or other officer, or a false ‘or counterfeit seal of tho court, subscribed or attached thereto, knowing such signature or seal to be false or counterfeit, any such person shall be guilty of felony, and upon conviction thereof shall be liable to a fine of not less than $500 and not more than $5,000, and to be imprisoned not exceeding five years, at the discretion of the court. EES AND COSTS, Sec. 47. And be it further enacted, That in each case there shall be allowed and paid, in addition to the fees of the clerk of the court as now established by law, or as may be established by general order, under the pro- visions of this act, for fees in bankruptcy, the following fees, which shall be applied to the payment for the ser- vices of the registers. For issning every warrant, $2. For each day in which a meeting is held, $3. For each order for a dividend, $3, For every order substituting an arrangement by trust deed for bankruptcy, $2. For every bond with sureties, $2. For every application for any meeting in any matter under this act, For every day's servico while actually employed under a specialorder of the court, @ sum wot exceeding $5, lo de allowed by the court. For taking depositions, the fees now allowed by law. For every diecharge, when there is no opposition, $2, Such fees shall have priority of payment over all other claims out of the estate, and before a warrant issues the petitioner sball deposit with the senior register of the court, or wiih the clerk, to be delivered to tne register, $50 us security for the’ payment thereof; and if there are not sufficient assets for the payment of the fees, the Person upon whose petition the warrant is issued shall pay the same, and the court may issue an execution against him wo compel pares to the register, Before any dividend is ordered the assignee shall pay out of the estate to the messenger the following fees, and bo more:— First—¥or service of warrant, $2. Second—For all necessary travel, at the rate of five cents a mile.each way. 1/i/d—For each written note to creditor named in the schedule, ten cents, Fourth—For pustody of property, publication of notices and other services, his actual and necessary expenses upon returning the same in specific items, and making oath that they have been actually incurred and paid by him, and are just and reasonable, the same to be taxed or adjusted by the court, and the oath of the messenger shall not be conclusive as to the necessity of said ex- nsea, For cause shown, and upon hearing thereon, such fur- ther allowance may be made as the court, in its digcre- tion, may determive. The enumeration of the foregoing fees shall not pre- vent the judges, who shali frame geueral rules and orders in accordance with the provisions of section ten, from prescribing a tartf of fees for all other services of the officers of courts of bunkruptcy, or from reducing the fees pre-cribed in this section in classes of cases to bo named in their rates and orders. OF MEANING OF TEKMS AND COMPUTATION OF TIME. Ssc. 48 And be it further enacted, That the word “assignee” and the word ~creditor’’ shail inciude the piurat also, and the word “messenger” shall include his assistant or assistants, except in the provi- sion for the tees of that officer; the word “marshal” shail include the marshal’s deputies; the word “person” shall also ineiude “corporation,” and the word “oath” sball include ‘a tion.” And ia all cises in which any particular number of days is prescribed by the act, or shall be men ioned in any rule or order of court, or general order which shall at any time be made under this act for the doing of any act or for any other purpose, the same shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last dav, unless the last day shall full on a Sunday, Christmas day, or on any day appointea by the President’ of the United States as a day of public fast or thanksgiving, or on the Fourth of July, in which case the time shall be reckoned exclusive of that day also, Sec, 49, And be it further enacted, That ail the juris- diction. power and authority conferred upon and vasted in the District Court of the United States by this act in cases in bankruptcy are hereby conferred upon and vested in the Supreme Court of the District of Columbia and in and upon the Supreme. Courts of the severai ier- ritories of the United States, when the bankrupt resides in the said District of Columbia or in either of the said ferritories. And in those judiciai districts which are not within any erganized circuit of the United States the powerand jurtsdiction of a Cjreuit Court in bankruptcy may be exercised by the district judge. Sxc. 50. And be it further enacted, That this act shail commence and take effect as to the appointment of the officers created hereby, and the promulgation of rules and L woighes orders, from and after the date of its ap- proval, BROOKLYN BOARD OF ALDERMEN. The Exchnnge of Wallabout Lands, The Brooklyn Board of Aldermen met yesterday after. noon, Alderman Fisher in the chair. The ogly mportantmatter brought up was that of the exchange of Wallabout Bay lands with the government, The committee to whom the matter was referred submit- ted @ report im reference to their negotiations, which showed that the government would convey to the city a strip of land $20 feet wide on the cast side of Washing- ton avenue, and extending from Flatbush avenue to the canal, or Hospital creek. For this the city was to con- vey to the government a piece of land recently conveyed by the government to the city, which begins on the west side of Washington avenue, 1,518 feet 5 inches from Flushing avenue; thence northe 56 de grees west 790 feet; thence south 56 degrees east to the Westerly side of Washington avenue; thence along said westerly line south nine degrees thirty minntes, west to the place of beginning. That the city of Brooklyn shall proceed to construct a basin on said strip of land, extending from the canal to Flushing avenue, of sufficient depth of water to admit a vessel drawing twelve feet at the entrance and ten feet at the termina. tion of the basin at all times of the tide. the side walls of the basin to be constructed in a substantial manner; the city of Brooklyn to en, that no building of any kind shall be erected on Washington avenue, or on the strip of land above described. it the United states shall free use of the docks, wharves aud appurte- nances for their purposes of dockage ; that the city shall keep the wharves and decks in good repair and pay the United States, for sixty feet east of the strip of land, the sum of $40,000. The |, the committee stated, by the above was approved, Bureau of Yards and Docks, subject to the decision of the Secretary of the Navy. The report was the subject of a lively debate. Alderman Buss said he thought the negotiation might be made without the payment of the $40,000, Alderman Wurnxa said tho committee were of the opinion that the matter might be so arran, that the $40,000 cond be stricken out; and he wi it under- stood that the committee did not recommend the pay- ‘meut of this amount. Alderman O’Keare eet upon the matter as Tooality’ nd ome two or threo would be benoiitied ‘Dut it wat aserious matter to the city; it would cost ‘eum, affect the taxpayers, and he could not see at it was oing benefit the city. He moved that the Board co into a Committee of the Whole. pny pont advantage to the wo u aitcrian Caseow said the first question which ought to be considered was how much it was going to cost the im bis absence, and there found the most hor- rible sight tnat ah eyes ever beheld, His Oe | alt his household furniture, several cabins or outhouses, were burnt to ashes; one freedboy, about roventees, years old, shot "and murdol 80 near the that clothes ae gs i ee and his body horri ia little jon years ‘burned death in the house, his by the ashes; and two freedmen were shot say wounded) at the same Keon county {he ther two. clarm to be. renidenls er m to -Kaufiman county. further certif; ‘the arm of the civil law to be too short prejudice that” exit wards the frostmen towards the " and loyal white men, Tike characx or by tho house burners, @ small THE COURTS. UNITED STATES COMMISSIONER'S COUBT. Alleged Frauds in the Tobacco Trade, Before Commissioner Osborn, The further hearing of the case of Alexander Ross & Co., tobacconists, of Fulton street, who are charged with having rendered false and fraudulent returns of their sales and manufactures to the Collector of Internal Rev- enue, was resumed yesterday. Mr, Joseph Bell appeared for the government, and Mr, Charles Donohoe for the defendants, Mr. Donohoe summed up the case on the part of the defendants, He contended that although any one mem- ber of the firm might have made false returns to the Collector a8 to the business of the firm, the firm gen- erally could not be held criminally responsible for the act of one member. Counsel also that if the re- turns were signed by ditferent mombers the most that could be done would be to hold these members liable to the charge. If more tobacco wes sold than appeared in the returns it was the act of Mr, Sharkey, Mr. Bell, in reply, contended that if the firm made false returns to the assessor, the presumption was that the whole of the firm were criminally responsible for the act of one member, unless the proof on the defence was such as to explain that, by reason of the absence of the other members of the firm, they had not partici- pated in those acta, No evidence bad been adduced before the Commissioner to show that the tobacco sold and not returned was the outside transaction of Sharkey. ‘The sales of the tobaceo in evidence were the sales of Alex- ander Ross & Co., as appeared by bills made out in their name aud paid for in the money of that firm. Mr. Donohoe said he desired to put in a brief, embody- ing the points he had submitted, ¢ Commissioner assented, and the case was ad- rinn Extradition Case. Commesioner White. The further examination into the case of Adolphe Wil- liam Schwartz, who is accused of having committed forgery to the amount of 160,000 florins, at Grosswardein, in Hangary, was resumed yestorday. Mr, Larocque appeared as counsel for the Austrian government and Mr. A. J. Ditienhoefer for the prisoner, The Austrian Consul General, Mr. Charles F, De Loosey, was also present, Mr. Dittenhoofer handed in to the court the names of witnesses in Hungary whom he wished to be examined here on behalf of the prisoner. Letters bad gone over requesting the attendance of these witnesses, and the prisoner was in ¢xpectation that all, or some of them. would, if sonabie adjaurminent were granted, be in attendance, They were vecessary to rebut the evidence for the prosecution. .He wished it to go on the minutes that he had made this offer. ‘The Commissioner said be had already decided that he could not consent to any adjournment on such a ground ag that. If Mr. Dittenhoefer had any argument to address to the court on the facts he would hear him. Mr. Dittephoofer gaid he was not prepared to offer any argument to-day. He had not had time to prepare one. Mr, Larocque submitted that counsel owght to have come prepared to argue the case. The Commissioner thought that Mr. Dittenhofer was now well prepared to go on witn the argument on the question whether the testimony adduced made a sutlicient case of probable cause for the extradition of the prisoner, Mr. Dittenhoefer replied that he wished to ar-ue the case on kome points of law if time were offered him. He thought he would be able to show that the papers produced were not properly received in. evidence, and hat copies of the drafts alleged to bave been forged, or be forged drafts themseives, ought ty have been pro- duced. The Commissioner said it seemed to hiin that Mr. Dit- tenho.fer could argue on the facts now as well as at any other time, and that the evidence as to the charge against the prisoner seened to bim (the Vommissioner) over- whelming, And as tho understanding on the last ex- amination was that the case shouid be disposed of to- day, if Mr. Dittenhofer could not produce any witnesses, he thought counsel ought now be prepared to argue it, Mr. Dittenhoefer—Che prisoner thinks that those wit- nesses are necessary for his defence; and if reasonable time is allowed he believe they will come over, The Commisstoner—Yon have no power to compel them to come over, and they aro in the country where they may be of most use to the prisouer if he be extra- dited on this charge. Mr. Dittenhoeter said the evidence, as it stood, would go to stow that the prisoner had uttered forged’ paper, not that he bad forged it User tue treaty with Ausiria the prisoner could not be extradited on (kat charge. Iu this respect the treaty differed from that made with France, Great Brita and Prussia His Hower, ther.- fore, had no juri-dictien to exiradite the prisoner on wie ground that he had forged the paper, Mr. Larocque observed there were different classes of cases that catne under the head of forgery. The Commissioner stated tha‘, so far as be remembered the evidence, there was no necesssity at alt for this argu- ment. Mr. Larocque said the evidence showed that two wit- nesses testified in the court in Hungary that their names, ay signed apon two of the drafts, were forgeries, and that the sorgery was committed by the prisoner. Mr. Dittennoefer contended that there was no evidence to sbow that any of the parties who made the deposi- tions had sworn that the alleged forged papers were in the handwriting of Adotpne Schwarta. ‘After considerable discussion, ‘The Commissioner said he was satisfied, from the evi- dence, that there was a case of probabie cause made out against the prisoner, He would, therefore, issue hs cer- Ulicate to"the Secretary uf State ior the extradition of the prisoner, Mr. Dittenhoefer observed that he woild, if possible, Vl sanagg the proceeaings and bave them brought up for review, The examination was then broucht to a close, SUPREME COUAT—CHAMBEAS. The Question of the Taxation of United States Certificates of Indedvteducss, Before Judge Ingraham. The case of the St, Nicholas National Bank, the Broad- way National Bank and the National Bank of the Republic va, the Comptroller, on mandamus to compel the delivery of city bonds in repayment of taxes paid on “certificates. of indebtedness,” go-called, came on for argument yesterday. Mr. Marcus ©. Riggs sppeared #8 counsel! for the St Nicholas and Mr. J, E. Burrill and Mr. Rodman for the other banks, The case was opened, and argament continued by Mr. Borrill until. the hour of ournment, when, 1a couse- quence of the necessary abseace of Mr. O'Gorman at Aibany after Monday, the cases were ail adjourned to Fri- day next. The returo to the writ of wandamus raises distinctly the question whether ** certificates of indehted- ness” are ‘United States secorities,” and therefore exempt from State taxation under the acts of Comgress, and also whether the Comptrolier or the Mayor cau, by withholding the bonds of the city, virtually review the action of the Board of Supervisors in auditing and di- recting to be paid the claims of the banks by the delivery of the bonds. SUPREME COURT—CIRCLIT—PAAT 3. Recover Payment for Sefvices red in Fitting Up a Minstrel Hall, Before Judge Sutherland, John D, Ottiwell vs, Richard H. Hotley, Impleaded.— Thie was an action to recover the sum of $516 52, being the amount claimed for furnishing stoves, pipes, &c,, for a place of amusement formerly kept by the defendant, ‘with others, copartners, in the Bowery. It appeared in @vidence that a copartnership had, subsequently to the tme the debt was incurred, existed between the de- fendants and Messrs. Campbell & Gibney. At the time Hooley was taken as ner it was 4 that all debts tag iecuee trae of Camspuelt & Gibney should be ac- cepted. Hooley afterwards withdrew from the concern and went ie Beecaite and repudiated this debt. Tho amount expended in fitting up the hall of Actio was about $12,000. Campbell afterwards ex, 8 desire s Withataw from the oc} ey be was suffering from a severe men! iby, “feared he should soon go mad,” and a proposition it Campbell should receive s cor. two-thirds of the liabilities of Before Justice Garvin. Goodridge vs. The National Fire Insurance Company. — This was an action which was tried before without re sult, The facts appear to be as follows:—The plaintiff had in a bonded warehouse certain bags of saltpetre, valued, loss duty, at nearly $35,000 in gold, and with a duty then due om them of nearly $10,000,.on which he had insurances to the amount of about $77,000. In ad- dition to these he isaued by destroyed companies paid ® portion of their but the derendante claim that they are not liable, as the transfer was but & day or 6 enable the sui on their behalf, and that, at any rate, the duty having been remitted, is not a rightful pars of the valae of the property for which they are je, Case still on. COMMON PLEASTRIAL TEAM, Suit for Injuries at the Hoboken Ferry. Before. Judge Daly. iti Francis X, Hayman ve. The Hoboken Land and Improve- ment Company.—This is an sction to recover damages for injuries received by the plaintiff at the Hoboken and the complaint dismissed. A new trial was subse- quently ordered, Judge Daly holding that there was suficient question for 8 jury to pass upon, COURT OF GENERAL SESSIONS. Before Judge Russel, The March term of this court commenced yesterday, his Honor City Judge Russel presiding, Assistant Dis- trict Attorney Bedford will conduct the prosecution. Before the regular business of the court was opened, the Judge sentenced Henry Wheeler to the State prison for five yearg, he having been convicted of burglary last month. 4 Tne panel of Grand. Jurors was called, and a quorum not being present, those who answered to their names were discharged till this (Tuesday) morning. A case of alleged counterfeiting of a trade mark was called on and opened. As the first witness was bei examined, “it was di that there was a tech defect in the tdictment. The jury rendered a verdict of not guilty on the ground of variance between the indictment and the 3 BROOKLYN LAW COURTS, ed States District Court, Before Judge Benedict. The Grand Jury appeared in court yesterday afternoon shortly after four o’clock, and, after presenting a num- ber of indictments, were discharged for the term. Sey- eral cases were called up, but as the defendants did not appear their bonds were declared forfeited. The court then adjourned. United States Commissioners’ Court. Before Commissioners Newton and Jones. A man named Charies Wakofield was taken before Commissioner Newton yesterday morning, charged with carrying op the policy busin without paying the special tax required by law. Waketleld pleaded not goilty, and gave bonds in the sum of $500 to appear on the 19th inst, for examination, Several other cases of parties ‘charged with illicitly distiiiing whiskey were called upand adjourned until different periods, United States vs. Jacob Dutermell and Charles Kery cher.—The defendants were charged with recerving bribes, while acting as keepers over the distillery of Michael Burns in Coumerce uear Richard street, which was seized by the authorities somo time since. It is charged that in consideration of these bribes they left the place, and !n the meantime a number of barrels of whiskey, which had been placed under seizure, wae removed from the premises, ‘they were beld to await the action of the Grand Jury by Commissioner Jones, Court of Sessions. . Before Judge Dikeman and Justices Hoyt and Voorhees, The People vs, Alexander Me. ‘ant and Patrick Connell, —The prsonere were inticted by the Grand Jury for bighway robbery, and placed on trial yesterday after- noon, Michael Healy, residing at No. 209 Navy street, having been sworn, testified that at about half-past seven o'clock on the evening of June 30, 1566, he was crossing Fort @reene, towards the corver of DeKalb avenue and Cumberland street, when he dis covered Convell sitting beside a cisl, and McParland about thirty feet from them; t ormer asked him if he was not going to treat, aud witness replied that that was a queer place to treat, whereupon the latter followed him about thirty yards and struck him in the face witn his ist; Healy returned the blow, and a rougn aud tamble tight eneulng, the two subsequently fell to the ground, dicFarland being the under man, Connell then came up, in the face tore lus coat off nm money; in the st and after Kicking witne: and fifled his pockets of $7 MeFarland succeeded in depriving Healy of bis and ¢caain, valued at about $37, after which the ants fled in the direction of Dekalb avenue: witness nas not seen bis property since that day; on the following Monday be met the prisoners, when McFarland said that Connell had pething to do with the afur, and the latter one to swear to that effect at the station boas, Case stil on. COURT CALENDAR—THIS DAY. Surreve CovetT—Circurr —Part 1—Nos 1283, 1285, 1287, 1289, 1201, 1293, 1299, 1901, 1503, 1305, 1307, 1309, 1311, 1313, 1317, 1419, Ls2k, 1923, 1 1327, Part 2— Nos 1432, 1616, 1630, 1636, 1414. 1628, 1642, 1644, 1650, 1862, 1654, 1656, 1658, 1660, 1662, 1664. 1066, 1668, 1670, 1872) Part. 3—Nos. ‘1069, 685, 247, 204, 1051, 1144, 1172, 1034, 1190, 1044, 208,780, 1128, 641, 597, 1236, Svrnewe Courr—svectan Yeast.—D murrer, No 16. Tsxues of Law and Fact, Nos 118 : 135 inclusive, 147 Surnmamy Court—Cuammurs.—-Nos, 12, 19, 38, 43, 45, 46, 57, 63, 65, 73, 74. Cull commvaces at No. x6. Suriwor Covar—Triat Tei.—Part- 1—Nos 2021, 2781, 2769, 2771, 1989, 2031, 2033, 264'3, 2005, 2471, 2618 S89, 1061, 619, 2725, 1723, 2433, 2919. Part 2—Noe 2018, 2632, 2094. 8110, 3008, 3158, 2018, 2650, 2670, 3018, 2974, 2068, 3070, W074, 1774. Common Preas—Triat Team. —Part 1—Nos, 230, 494, S11, 379, 580, 589, 549, 878, 458 fz 301, 304, 599, 538. Part 2—Adjourned to Friday, Marie Court—Triat Term. —Nos, 13, 15, 19, 21, 22, 25, 2734, 2834, 20, 23, 27 to 35, Surkocate’s Cockt.—Wills of Forman, P. M. Lang: ams, W. Keegan, J. Faire fl. Dolgon, ton, Henry Hyman, J, Abrati ks, Francis A. Cannon, Lewis Mead; W iwration, E. Henriques, administration, Ciry Court, BROOKLYN.—Nos. 21 to 23, juclusive, 26 to 40, inclusive, and 11. OBITUARY. : Jonathan Lowndes, Tho English papers announce the recent death of this gentioman at the advanced age of seventy-eight years. He was prominent as a journalist, having boon connected with the Oxford Journal for a period of over sixty-three The father of the deceased was also connected with the same paper, and the entire management of It now devolves upon the eldcst son. The family af Mr. Lowndes bave be’n connected with the Oxford Journal for one hundred and fourteen years, a circumstance unparatieled in the history of British journalism, Dr. Robert Macpherson, D.D. The death of this gentleman, well known as Professor of Systematic Theology at Aberdeen University, in Scot- land, took place reczntly at Aberdeen, The deceased received his education at King's College, and after being ordained was fora time chaplain at Fort George, and afterwards parish minister at Forres. In 1852 he was a candidate for the vacant cuair of evstematic theology in King’s College, and affer a close contest with Dr. Traill, his competitor for the position, gained the appointment. With the appointment be received the degree of D, D. The deceased filled the chair with marked efficiency, He was in his sixty-firet year at the time of bis death. HORSE HAY FORK TRIAL. A committee of the American Institute met yesterday upon the farm of Mr. Josiah Macy, at Rye, for the pur- pose of testing the merits of a number of horse hay forks, There were sixteen entries for the competition, but owing to the inclemency of the weather only six of the forks were put to work. The entries are as fol- jows:—C. W. Culver, Bowling Green, Wood county, Ohio, a grapple fork; Henry BE. Plumb, Minson, Fairfield countv, Conn., railway ay elevator and carrier; N. 4H. Fowler, Bradford, Westchester county, single fork; C. C. Blodgett, Watertown, one cat claw fork; one improv do., do.; Jona N. Raymond's grapple fork ; 8. C: and B. Sprout, Minse: ‘coming county, Pa, Sprout’s hay fork and knife; Nelwon Palmer, pe four tined fork; D. B. , Pittsburg, Pa, harpoon fork; &. Shinkiey, Lewibare, Union county, Pay Shinkley’s patent bay fork; George B. Davidson, Troy, Pa, David- son's improved hay knife and fork; Ames Plough Com- y, Boston, Mass, and 63 Beekman street, one-horse Grice: & reim rents, Baca iat” + mpire or’ fs omen ertae nants tame aes ‘3 ‘Bi fork; A. Bu ‘Albany, grappling fork, and Wheeler, Melick & Co., fork. ay's exhibition were Blod- ot bed 6 ty om Lhe he ge fork, 6 Ploogh Company's fork, Reynold's patent Union fork, The mode of 3 H z 2 TWE PUBLIC HEALTH, Dr. Elisha Harris, the Registrar of the Bureau of Vital Statistica of the Board of Health, sent in his weekly mortality report, for the woek ending Saturday, the 24 instant, to the Board yesterday afternoon, The deaths by warts wero as follows:—Firat, 1; Third, 4; Fourth, 19; Fifth, 13; Sixth, 14; Seventh, 18; Eighth, 13; Ninth, 12; Tenth, 16; Eleventh, 33; Twelfth, 38; Thirteenth, 12; Four- @ Fifteenth, 9; Sixt fs eb duane ciasacts, Wisenntt ‘Twenty-second, 27—making a total, in- eae institutions, of ‘a3, ‘women, 128 boys and girle, at were Raw] hg 3 eyed 18 ae accidents from jas and ty- oy evra Get, he ead of "Deaths trom. act. ent gence,” the pS Rt pe) spneing of Waguer at the General M. bee fo] and D. L. Philips, of Minois; 10, are stopping at the M wa tol, “ ian cia Bee 2. ne ¥ pd BOOK NOTICES. Farurk Matnew. A Biography. By John Francis Maguire, M. P., author of Rome, its Ruler and Institutions, New York, D. & J. Badlie Co, The biography of Father Mathew, familiarly Known as the “‘Apostie of. Temperance,’ whose labors extended over two hemispheres, is the chronicle of the greatest moral reform of modern times, and comprises a chapter in the history of the nineteenth century which, it omit- ted, would leave a wide gap in the record of progress which has so prominently marked the character of this age. Happily that blank has been filled by the author of this book, who, perhaps, better than any living writer ja qualified for tho task—or ratuer the evident labor of love—of telling the story of Father Mathew's life and services; portraying his singularly beautiful character and painting: those pictures of the time in which he lived and labored—picturos which, although often clouded with the dreamy shadow of human misery, poverty, degradation, famine and death, were as often made resplendent by the sunlight of his illimita- ‘ble charity. If the character and Christian ministra- tions of Father Mathew, and the vast amount of good he accomplished, were not as well known in this coun- try as in Great Britain and Ireland—the principal scenes of his extraordinary mission—or if the results of his labors were not familiar to us almost every day in the numerous temperance societies bearing his name, which form so conspicuous a part in all our public celebra- tions and set ao excellent an example to this community, we might review the incidents recited in Mr. Maguire’s pages; but the subject of the book is nota stranger to the people of the United States. In this fact alone the life of Father Mathew finds a double interest and the American edition acquires a twofold value, The author, while strictly adhering to the fidelity of history, has enclothed his work now and then with the golden vesture of romance, which makes the reader often forget that he is perusing a simple biography. Pathos hardly less touching than that of Sterne ig blended at intervals with humor almost as re- freshing as that of Dickens; while here and there peeps out a bit of irresistible sarcasm not unlike that of Thackeray, if we can imagine tho latter divested of its sting, The story of the Irish famine of 1847 is fearfally but faithfully brought before us in connection with the saddest period of Father Mathew’s career, when, for a time, he almost laid aside his réle of a great moral re- former to play the part of a ministering angel of mercy. To thousands in this country Mr. Maguire’s Life of Father Mathew will prove a welcome contribution to our current literature. The interest in the book may be enhanced also from the fact that the author is now sojourning among us, having snatched a brief time from his active labors in the British Parliament to gather materials for a work on the condition aud progress of his countrymen in America. Pair Il.or Spain. By Charles Gayarré, author of The History of Louisiana, under the French, Spanish and American Domination,” &c., &e., with an Introductory Letter by George Bancroft. W. J. Widdleton, New York, After Prescott and Motley it might seem almost pre- ®umptuous to write about the reign of Pbiip IL. without having explored original and hitherto undis- covered sources of information. This Mr. Gayarré does not pretend to have attempted. He has not penetrated the mysteries which, as he truly remarks, give a sort of painful attraction to the reign of Philip and form one of ite dstinctive foatures. He leaves unsolved such enig- mas as the death of Montigny, of Don John, of Escovedo, of Don Carlos; the persecution of Antonio Perez, the iocarceration of the, Princess Eboli, and other deeds equally dark. To cite his owa words, ‘‘Much is unex- plained as to the causes and circumstances of those events which glide before us with an iron mavk on their faces, like the celebrated prizoner of the age of Louis XIV.” But if Mr. Gayarré bas not removed that mask; if he has not added larmely to the knowledge already accumulated around his subject—the favorite study of historian, pbi- Josopher and poet; if, moreover, a severe taste would be offended by the somewhat gaudy rhetoric of more than one of his pages, and if he has not aimed to present a in nate chronicle in regular narrative of the events of Philip's reign, nevertheless we must thank him for what }e umtended to give and what he has given—a philoso- phical retrospect of what was most memorable in Spain during that period, as it was shaped by the controlling mind at the head of affairs. Mr. Bancroft in bis introductory letter takes occasion 10 welcome Mr, Rives as well as Mr. Gayarré on their return tothe Union. ‘Our literature, like our political life, should develop anity in diversity, and the more the minds of men in one part of the country are brought closely alongside the minds of men of other parts the better will it be for national culture.” Rives’ “Life of Madison,” says Bancroft, may certatuly lay claim to be consi as one of the fairest and most complete his- tories; perhaps it can more justly be said that its the ‘best history of the formation of the federal constitution. After eulogizing the ‘History of Louisiana,” by Mr. Gayarré, Bancrott adds that his present work, Philip I., je written with care and vivacity, witha mind superior tothe influences of superstition and comprehenaive in its study of the causes and consequences of eventa He has a quick eye for the picturesque, and a rapid move- ment in his narrative which, if sometimes too highly ornamented, is never languid; and he clearly portrays the social and political tendencies of the reign which he describes, The subject at the first blush might seem to be remote from our present interests; but it is not so. Spanish America from the mouth of the Colorado to the extreme South still lan- guishes from the attempt continued through centuries to connect government and civil prosperity with the church policy of Charlies V. and Philip Il. So the volume of Mr. Gayarré, like that of Mr. Rives, has ‘an important connection with the great queationa which the mind of America is now engaged in solving. One profitable lesson for those radicals of our day whose watchword is extermination is taught by the history of Philip's absurd and tyrannical legislation with regard to the conquered Moors of Granada, What Mr. Gayarré says should have been the policy of Charles V. might be suggestive to the Washington politicians who are now occupied with the question of reconstruction, ‘It should have been the aim of Charles to have kept in co- ordinate and healthful action the principles of liberty ‘and of legitimate authority which he found coexistent in the land; to have given uniformity to the civil legis lation whilst ameliorating it in all ite ramifications, and to have imparted a durable unity to the former distinct kingdoms of the Iberian Peninsula, whilst avoiding the perils of too much centralization, and in particular to have bent all bis diplomacy or his military power toward reuniting to Spain the kingdom of Portogal, which bad been torn from it, and which was like a branch violently separated from the trank of the majestic oak on which nature bed intended ft to grow.” To have attempted conciliation and fusion before resorting to crael mea- sures would at least have been statesmaniike for Charles, RecoriEcTions oF Hexry Warkixe ALuen, Briga- jer General Confederate States Army, ex-Gov- ernor of Louisiana. Sarah A. Dorsey. M. a New York. J. A. Gresham, New Or- jeans. ‘Mra. Dorsey declares that this biography is not written to stir up strife or revive bitter memories, but simply to gratify friendly love and curiosity, Aside from the in- teresting details concerning ex-Governor Allen, whose Dest qualities were recognized alike by friend and foe, this work of Mrs, Dersey derives unusual historical value from ite faithful, impertial account, ‘to the best of her knowledge and belief,” and, in spite of some of her confessed prejudices, of ‘the military career of three men who have occupied unfortunate positions and who have met with public disfavor,” That career happens to be embraced in the story of her friend’s life. She says:— “I by no means desire to seize my lance, dl’ Amasun, in behalf of either Lovell, Pemberton ar Smith; but, writing in the shadow of the tomb of my friend, I must write truth, without thought of consequences, and after most carefal research and desire for uapartiality.”” We wish that all the books occasioned by the late war might be imepired with similar honesty of purpose, Of course this book was specially written for Southern readers, but some of the feelings and notions of Northern readers About “rebel women’’ might be agreeably modified by ite perusal, Tur Diamoxp Cross, ciety. By William Co,, New York. ‘We need not say a word to the readers of the Warnry ‘Henatp im praise of this capital story of American life, They are all familiar wuh it already in the form under whion it first appeared as ® prize tale, and they will now gladly welcome it again in its attractive book forth. Not ‘only is the plot ingenious and fall of thrilling interest, Dut the author hae known #0 well the art of concealing arias to-give to the whole @ charm of natorainess and reality, The charactors are real and alive. We recog. nize them at a glance a# just such persons as “live and move and pave their belna’’ in aptaal American society, a Tans ov American So- Barnet Philips. Hilton & awe e In opening the book we stand onrselves on the deck & the steamship Canada, homeward bound. We overheat “shoddy” Mrs, Rigley say to Ler daughter Gertrude, “I wonder who those gentlemen are!” We turn our eyes and see Lanabere, the Frenchman, and Mosiey, tho Vir- ginian, and need no introduction from pedantic Mr. sel. man or his pupil, Mr. White, “who is about lo be an author.’ We become as intimate with the two heroe: of the novel as they soon are with each other. We compavy them on their travels and become {amuliat with American scenery and society from New York and Boston and Niagara, and particularly Washington to New Orleans—from Nahant and the Hudson and the broad Potomac to the Obio and the Mississippi, With Lanabere we admire cataract and river, mountain. views among the Alleghanies, the strange dismal swamps of South Carolina, yast piny woods, trees bearded with pendant moss, the rice fields and cotton felds, the flowers, birds and sunshine of the South, Nor do we neglect to study with him American politics under the administration of General Taylor, already foreshadowing the storm of revolution which has since swept over the land, In fine, aside from the romantic story which is lit up by Laura's “Diamond Cross,” we find that neither Dickens nor Mrs, Beecher Stowe, nor even De Tocqueville has given a better and more truthful picture of American scenery, life, manners and ideas than is presented in this now novel of Mr. Philips, AUTOGRAPHS. The late Mr, J. K. Tefft, of Savannah, Georgia, was occupied more than forty years in forming the largest and most valuabie collection of autographs in this coun- try. It comprises nearly forty thousand articles, not a few of them exceedingly rare, Bosides about four thousand fore gu autographs, of kings, queens, war- riors, statesmen and men of scientific and literary fame, it comprises a rich variety of autographs of special ; American interest, those of colonial governors, revolu- tionary generals, officers of the army and navy of the United States and distinguished civilians, The chief glories of the collection are two bound volumes, the “Siguers of ‘the Declaration of Independence” and the “Signers of the Constitution of the United States,” The first of these volumes contains fifty-one leiwters or documents and five signatures, together with others of persons who voted for or against the Declaration, but did not sign it ‘The second volume has letters and documents signed by all the signers of the Constitution and of al! the other members of the Convention except two, This entire col- lection has been brought to this city, and be is offered for sale this week by Messrs. Leavitt, Strebeigh & Co. It is tobe hoped that American autograph collectors will not permit so precious a collection to leave the United States, NEW JERSEY INTELLIGENCE. Jersey City. Recoxpsr’s Court.—As was noticed in the Hurap yesterday, quite a haul was made among the toper bri- gade, and the City Court was therefore pretty well crowded yesterday morning. The Recorder gave notice in the premises that as his leniency had been abused he would hereaiter impose a fine of $5, with the alterna- tive of five days’ imprizonmen‘, on every New Yorker brought before bim for dramkenness on the Sabbath, Accordingly sentence was passed on sixteen of the ex- cursionista, one bearing the name of John A. Kennedy, whose case elicited some stale jokes not compliment tothe New York police functionary. This individual was committed for five days. RAILROAD AcciweNT,—A man named John Boyle, while attempung to get on the train at Port Jervis on Saturday morning, missed his footing aud fell under the car. The toe: of one foot were entirely cut off, and the other foot was cut open. Ho was takea to the New York Hospital by the quarter-past four down train in the afternoon. Pickrockets ON THE Puitapetruia TRaiw,—Ever since the pickpocket gang made a raid on the Washington train last month detectives have been on the look out, and on Sunday evening two youths from New York were arrested on suspicion, as they were loitering around the depot, They gave their names as James Maguire and George Nicholson, who bad purchased tickets and were en route for Baitimore, The attention of several passen- gers being catled to the arrest, one lady calied out that she had just been robbed of twenty dollars, and when the lads were brought before her she identified Maguire as one of a crowd who pushed forcibly against her as ahe was entering the cars. They will undergo an exami- nation on Thursday. Though not over fourteen vears of age their photographs, it is alleged, adorn the collection ¢m the hands of the New York potice, Hudson City. Orentne oF A Mission.—Father Smarius and the Jesuit Fathers associated with him opened a mission at St Joseph's church on Sunday. There was a grand high ‘mass at eleven o'clock, after which Father Smarius de- livered the opening sermon. The mission will continue to the end of this week only, as the Fathers have made arrangements at Mobile, Alabama, Hoboken. ‘Vegxpicr oF MANSLAUGHTER AGAINST A DRivER ON THE Crry RanRoad,—The adjourned inquest on the body of John Donohue, who was run over by car No. 22 of the Hudson City Railroad, was resumed yesterday afternoon before Coroner White, Several witnesses were exam- ined, the drift of whose testimony, apart from minor discrepancies, was that both the drivor and conductor showed carelorsness, the car being actually driven forty feet (tifty according to some) after it had cressed the man’s body, The car was runing at the unusual speed of from six to eight miles an hour. The jury returned the following verdict:—*“That John Bonohue came to his death on the 13th of February from being run over by car No. 22 of the North Hudson County haan while runoing to Hoboken, owing to the carelessness the driver, Jonn Shute, and we feel compelled to cen- sure the conductor and at the same time the President and directors of said railroad."’ Shate was committed for trial at the next term of the Oyer and Terminer, Newark. Daxaxrovs Intwess or Co, Warp,—An old wound of Col, Win. Ward, the present City Clerk, who lost bis left arm while in the command of the Eighth New Jer- sey regiment during the late war, has again*broken out, and fears are entertained of his recovery. A surgical operation was performed upon him on Sunday, chloro- form being administered to him while undergoing it. ‘A large piece of fractured bone was abstracted, the time of the operation being one hour and ten minutes, The Colonel was hit by five balls, one of which resnited in the amputation of his arm, and another taking effect in the leg, the latter wound being the one which is now the cause of trouble, Fouxp Deap,—At an early hour yesterday morning a man named John McDonald, a mason, was found dead rear the junction of the railroad and turnpike road at Madison. _ It is su that while Intoxicated ho fell inte a mad hole, where be was found, and being w to extricate himself he smothered, bis face being in the mud. Sin come green eras ‘& certificate in ac- cordance with the e. Ciry Treasurer's Rerort.—The report of the City for the year 1866 has just been issued for gen- eral distribution. The receipts of the year were $2,000,000, of which $644,928 were taxes of 1866, and $111,842 for taxes of 1865, Of the disbursements $107,612 were for educational pui orn lice; 573 fire department; reads.o00 sated sonny bonds; $101 060 strects $162,517 mis- cellaneous ; 727 contingent; $74,724 interest The sinking fund to defray an old 4 of $250,000 amounts to $124,500, the sain of $90,504 being raised during the year. ‘war debt is $1,800,000, for the payment of which a ial tax of three per cent ou that amount is anaually levied. TWE CONNOLLY-KENNEDY IMAROGLIO. ‘The Grand Jury of this county, on the last day of ite session sent for the papere in the case of policemen Van Giesin and Loomis, who were charged before Justice Connolly a few weeks since with assault and battery on Mr, Cregan, ® liquor dealer in one of the ep town lio between Justice ‘ATORO. ‘red 0 the Court y the preaen it term. The counsel for Mr. continu Lpb i herprreee ry ooh order that they may be speodily tried on the officers, criminal rain une sejectionable order of Mr. Ke afore Seige Connolly ent peed reevouea iin th fore Jur a io Raaton of the Intter officer apply to the Supreme Court for a writ of mandamus to effect it. The Grand Jury before closing its labors sent for the peers, €, teane a ine. en! , but in con. ay ‘no action comld be had. ecg a ets in custody at the ould have been taken before rth district police > were however, Justice and ordered the from the Twenty-trat precinct and one from the ‘Thirtieth wi di of ively oy. Vos and disposed of respect ve sven fiers ; THE WEATHER REPORTS. Foettion, Herd 40 T. M.—Wind north; snowing Or ere hb i= Wind northeast; thick snow storm; has been snowing all night, about six ena en rings — H en feli last night; thermometer 25 A Northeast ; er a as ed fall ast night. March 4—0 A, M.—Wind north ; four inches of ghow fall hore;