The New York Herald Newspaper, April 13, 1867, Page 8

8 THE COURTS. COURT OF APPEALS. Adjournment of the Court of Appenls—De- cisions Rendered. Before Chief Judge Davies and associates, ‘This court assembled yesterday morning at the usual hour, and after hearing the argument in the case of Charies Cornel), respondent, against Matilda Wooley, executrix, appellant, reudered the following decisions: — JUDGMENTS AFFIRMED WITH COBTS. “whe People vs. Eliza Bryan; the samo vs, Benjamin pasties? Petition of Clark vs. Chilian Ford; Samuel Colt vs. Lewiston, Baltroed Compa jill ie New Centr roa H pa icty : Newtown Railroad i Sheridan, &c., vs, Brooklyn City and mpany; John A. Merritt vs. George A. Bartholic; Beephen’ Brash vs. William Lee, et al.; Artaan’s Bank va Charles ©. Backus; The ex rel. McMullen vs. William 8, She et al.; Cor. nelivs Vanderzee et al. vs, John B. Vi a Richard P. Bralf, executor, vs. Hippolite Mall; ‘Thomas Clark vs. Eighth avenue ompany ; the People ex rel. Ernest Fielder va. James Mead, jr., ape visor, &c.; New York and New Haven Railroad Com- pany vs. Ketcham & Bennott, survivors of fem im. leaded, &c. ; Charles Kelsey vs. Gamalisl ot al; jenry W. Ward.va Shona Rockman; Michael va. Goorao ONO; Sarouel H, Hartshorn vs, Union Mutual Ynsurance Company; Mechanic’s Bank, of the city of New York, va. John Straitor et al; Wm. M. v3, Tioga Railroad Company; Peter McLaren vs. Martin Me- Martin; Alex. L. Shaw vs, Wm. N. Smith; Eunice Parker va. Porter McCluer; George R. Thom} ‘vs. Moses bamoeriain; Laren L, Tampkins ve. Titus Ives; the People ex rel. Noell vs Richard Kingsland; Phineas L. Ely vs. Board of Supervisors of Niagara county ; Samuel J. Rockweil vs. Gurdon H, Brown; James F. io v8. George W. Niles; same vs. same; Serena Ferris v3. Union Ferry Company of Brooklyn; Joseph Barton vs. city of Syracuse; Bank of Auburn vs. Lewis Putnam, &e.; Caries Wall et al, vs. Home Insurance Company; Joseph Stringham vs, 8t. Nichola: Insurance Company ; Hannah Tobias va. Ann E Cohnet al.; Margarot B. Brum ex. &c., va, William Vaughan; Joseph Sandford etal. vs, Noah Morris; Charles A. Gram et al. vs. Prus- sian, &c., Society et al. Judgments affirmed with costs. JUDGMENTS AFFIRMED WITH FIVE PER CENT DAMAGES. Laura P. Smith, &,, vs. Russell Martin, et al.; Mabel Reynolds vs. Schuyler Reynolds; Jerome Phillips vs. Jeane Cary; Samuel W. Wright va. Jacob Saunders; Jas. . ae 8, Hiram G. Hotebkisa. JUDGMENTS DAMAGES. Charles H. Van Deusen vs. Daniel Worrell; Harvey F. Aubery vs. Josiah M. Fisk. AUSCRLLANEOUS DECISIONS, Robert McKee vs. fh» Peopie,—Judgment of Oyer and ‘Terminer of Livingston county reversed and record re- mitted to the end tvat said court shail sentence the pris- ‘ner to sutfer death (or the crime whereof he atands con- ‘vVicted, and that he be contined at hard labor in the Stato Prigon until such punishment of death shail be infl.cted, ‘The People, &c., va Eliza Bryan.—Order granting new trial affirmed and record remitted. Aarou M. Davis vs. The People,—Judgment affirmed and record remitted, with directions ‘to execute tho sen- tevce. ‘The People, ex rel. Robertson va. Benjamin Ferris, et al.—Order appealed from reversed without costs of this appeal to eitaer party. Baran L. Cook, infant, &c., vs, Samuel M. Meeker et al.—Order of General Torm affirmed and judgment abso- Jate for piainti:, and Supreme Court directed to ascertain = due piaintif aad render judgment therefor with cos! Alex. 8. Diven vs. Alfred Lee et al.—Order appealed from affirmed with costa. Aun Curran vs. Warren Chemical Manufacturing Com- pany.—Order granting new trial affirmed, and judgment adzol ‘or defendants with costs. Jarvis N, Lake vs. Artisans’ Bank.—Judgment reversed and new trial ordered; costs to abide the result, Avrabam & Parker ve. Benjamin F. Jervis.—Order gt.vling new trial reversed, and judgment oa verdict afilrimec with costa, Allen Comstock vs, Samuel Ames et al.—Order grant- mg now trial affirmed, and judgment absoiute for de- fendants w.th costs. ‘Tue People ex rel. Peter Carger vs. Thomas Dolan et al, Assessors, &.—Judyment roversed, aad judgment devendanis with cosis. Charles B, Colburn ys Horace Geylor.—Order of Gen- erai ‘Term appealed from reversed without costs of ap: peal, either to General Torm or to this court, Richard M. Hoe and Another vs. Jesse K. Sanbora,— Judgment ailirmed with costa, and motion to dismiss ap- peals from three orders granted with costs. ‘The N, W. Insuraues Company vs. Marshal W. For- ward et al,—Order graating new trial reversed and judg: Mout of Special Term aflirmed with costs, Cvarles Keisey vs, Robert M. Ward.— Judgment re- ‘versed and new trial ordered, costs to abide the result, Abrauam B. Van Beathuysen va. Milton Sawyer ct a). —Judgmeat reversed and new trial ordered, costs to abide the result, Toe Poople ve. Alden Viles.—Same decision. att: J, Biydenburgh va Horace Thayer.—Same sion, Alexander M, Lawrence ya. Ralph Clark et al.—Order grauiing new trial reversed, and judgment on verdict affirmed with cosis, John B, Traver and another vs. John Wood et al.— Order granting new trial reversed, and jadgment on Feport of releree aitirmed with costa, Danus Pruiu vs. New York Central Railroad Com- pany.—Judgment reversed, and new trial ordered, costs @ abide ine event, ‘Moses Chamborhn va, Jane K. Dempsoy.—Jud reversed, aud judgment of Special term affirm Fretorick F, Thompsongys, Jane Litchfield ot al.— Bame decision. Heury W. Rosebrook vs. William R. Dinsmore.—Order granting new trial reversed, and judgment on report of Feferee aflirmed with cost. ‘James G. King vs, The Mayor, &c.—Writ of error dis- APPIRMED WITH COSTS AND TEN PER CENT ment with mt with Costs. George H. Cisco ve, Marshal 0. Roberts —Judgment reversed, and judgment on verdict for plaintiT with costs, The Commercial Bank of Clyde ve. Marine Bank — Jnagment reverséd, and new trial ordered, costs \o abide event. cantel H. Smith vs, Henry L, Babeock.—Same decision. Calvin Day et al. ys. Thomas P. Sanders.—Judgment reversed, and new trial ordered on plaintiffs appeal, oss to abide the result, The def t's appeal dis- Missed with costa, John G. Richmeyer vs, Benton F. Moree et al.—Judg- ‘meat reversed, new trial costs to abide the event. ‘The court then adjourned sine die, UNITED STATES DISTRICT COURT. Important to Firemen Serving on Steamers. Before Judge Betts. Brocks and Walden vs. the Wrecking Steamer Rescus,— Tho plamtiffs sought to recover a month's pay from the owners of the propeller Rescuo—the Columbian Const Wrecking Company—under the following ciream- stances :—The piaintiils shipped as firemen at the rate of $40 a month; on tho 9th of January last thoy were dis charged in consequence of their refusal to go on board of another vessel lying near the Rescue to recover anchors ‘and chans which had been lost in a storm. The libel- Jante testified that they were hircd as firemen, performed @uty as such, and refused to do the extra work without extra pay. The engineor of the Rescue and the super- imtendent of the company testified that the libellants had oxpressiy agreed to lend a hand to any other work ‘they might be called upon to perform when not actually doing daty a firemen. Counsel tor the libellanis con- tended that the plaintiffs were wrongfuily discharged, and entitied to recover. Opposing counsel, on the con - trary, contended that it was customary for all persons on such vessels © make theimeelvos genorally useful when not engagod in the duty for which thoy wero especially hired. CS ated baving heard counsel on both sides, reserved cision. For the libollanis, J. Lanktroe; for the owners, D. iy. SUPREME COURT. Decision in a Renl Estate Case. Bofore Judge Mason. ‘Moses Taylor and others, Assignees of Morris Ketchum, ve. Wm. B. Isham, Simeon M. Gallup, Chas. H. Isham and others. —Judge Mason has rendered the following decision in this case, which was an action brought by the assign- eee of Mortis Ketchum seeking to charge certain real estate in Thirty-eighth street, purchased by William B. ‘Isham of said assignees at a public sale made by them of Morris Ketchum’s property on the 8th of February, 1866, with the payment of the claims of Isham & Sep and of & & CG, H. Isham against Ketchum, 6on The plaintiffs in this case do not need to come to this ‘court to be informed in a matter of law eo plain as. the one presented in this case, that W. B. Isham, as pur- from the Pm me of the ya Tay. i eighth street, for $56,000, cannot be tee payment of the Wucebrbant liens of & & ©. H. Isham 4rd William B. Isham & Co., or any thereof. see te Anas property tn the hands of W. B. Isham 9 fund ia equity for the payment of ments, or the debts which they represent, ve Hail, 29 Bad. 1, 624.) In such acase, ney parton obligation can bo sustained, it must an obligation to pay tho lien was intended to the one party aod knowingly assumed ‘athe f, and the Conveyance should be made subject the payment of the oxwsling lien, ‘The they sold these promizes to Isham at Peale is mouneed by their counsel that whilat they bolioved the Of dower of Mrs. Ketchun. thar sna ne By so ie ah ud ttle which Korris Ketcham fon ignment to it ‘sr roe, that Williata BTshasn & Ga wees Frouee of all the of sales of upon this epecific item of Propet the plaintiff did not incumpbrance ‘pon they i had porit of WA ib was tied up for thi iy to William B. Isham for is kept entirely in the dark aay evieneee 38 ‘the case is concerned) more aleo left entirely attachments were eet dark as to whether ti im the sheriff's hands before or after the assi of Ketchum to the plaintiff was executed. e bich the plaintite gave tg William B, - NEW YORK HERALD, SATURDAY, APRIL 13, 1867.-TRIPLE SHEET. does not purport to convey the Thirty. th street property to him, subject to ang liens; and — is pot ong oemaenee before fa neyo wis can say that there was over any acquired ese attachment suite, The attachments were placed in the hands of the sherff on the same day of the assigainent by Morris Ketcham to the plaintiff, but which was first in their order of time—the attachments or the assicn- ment—Wwe are not in! In view of the whole case Ido not conceive it to be the duty of this court to make any decree for the protection of these plaintiffs as the case is ited before us. There is and can be no Isham & Co., and 8, & 0. H. Isham are to share with the other creditors in the funds to be As to what the assignees will protect them m should be made, interested in such a decree are brought before the court. I direct that the complaint in this action be dismissed, with costs to the defendants, to be taxed and to be paid out of the trust fundeta the plaintiffs’ hands. _Mr. Walter Phelps for oy stnedl Thomas Nelson for Isham and Gallup and C. Isbam. COURT OF COMMON PLEASPART I. A Gnmbling Debt Cannot be Recovered at és Li James W. Jonnet vs, Alert Myers.—Tho plaintiff in this case, which was heard yesterday, sued to recover tho sum of $510, which he alleges he placed in defendant’s hands for safe keeping, at his place of business, -15 Bow- ery, in this city, on tho 11th January, 1867, and which gum defendant refuses to return now, glleging | that it Mas bet, upon games ‘of ten pins and cards, which the tiff lost. Pime defendant denied all the above allogations Evi- dence was introduced showing that the plainuff spent the time from eight P, M. until six A. M. the fol- lowing morning on the date named, in the defendant’s place of business, and was engaged in card playing and ten. pin playing, and algo that the money was given by. plain- tiff to defendant. Judge Cardozo charged the jury that there was one point to which he wished to direct their attention, The piaintiff, on his direct examination, swore he had de- posited the money for safe keeping with the defendant, but on his croas-examination he testifled he had paid tt ‘on account of some games he had lost. If they found the money was deposited as sworn to by plaintifon_ his direct examination they should find for the plaintiff; butif it was paid om account of games of chance they should ind for the defendant, After a very short con- sultation the jury found a verdict for the plaintiff tor the full amount. Important to Wine Merchants. Henry Kleinknecht vz, Charles FP. Bender.—Piaintift sought to recover $144 for ninety-six gallons of imported Rhine wine at $1 50 per gallon, delivered by him to the defendant on the 18th of Juno, 1966, and also to recover the value of three kegs, in which the wine was con- tained ‘The defendant claimod that the wine delivered to him was not equal! to tho samples shown him by the plaintiff, on which he purchased the wine, and that, in conse- quence, he offered to return the wine to plaintiff, who dectined to receive It. He also stated he only bought eighty gallons and that the defendant sent him ninety- six gations, The Judge charged that if the defendant kept the wine longer than a reasonable tim, which was to be de- termined Mt the time of the year and the clroumstances attending the cass, to examine ft, the verdict should be for the plaintiff, althouch the wine was not eqnal to the sample, The jury retarn.d a verdict for the plaintiff. Allegation of Forgery and False Personation. Jowph Macon vs, Henry Kimmel.—This action was brought on a bond purporting to have been executed by the defendant on an appeal to the General erm of the Court of Common Pleas, from an order directing one Eliza Altenhain to pay asim of money. The order was armed at General Torm, and this suit was brought against the bondsinan. The bond appears to have been sworn to and acknowledged by the defendant before a Commissioner of Deeds, on the 23d 0! July, 1868. Tho Commissioner whe certified to the ackaowlelg:nent tes. tifted that the acknowledgment was taken at his offlee, in Broadway, and that the parties were introduced to him by one Bertrand, an attorney at law, upon the faith of whose representations he took the afildavit and gave the certificate of acknowledgment. The defendant showed that he had not executed the bond, although re- quested to-do 80; that his signature thereto was a for- gery, and that one John Gleeson had falsely represented him before the Commissioner. The jury returaed a verdiet for the de‘endant, Samael Brown for plaintiff; W. H. Newschafer for the defendant, COURT @F GENCAAL SESSIONS. Before Recorder Hackett, SENTENCES, ‘Whon the court was opaned this morning the Recorder proceeded to sentence the prisoners, who wore re- manded. James Wilson, who pleaded guilty so an attempt at grand larceny, was sent to the State Prison for two yoare and six months. ‘Mary Hyinan, a genteel shoplifter, was sent to the Stato Prison tor eighteen months, James Davis and William Armst tempt at burglary in the third deg: the State Prison for one year. Eliza York, who pleaded guilty to an attempt at grand larceny, was sent to the penitentiary for threo months, Janes Davis, charged with stealing on the 30th of March $54 worth of knives, the property of Gales, Spies & Kissam, No, 16 Cortlandt street, pl guilty to an attempt at grand larceny. ALLRGED RECEIVING STOLEN GOODS, The only case disposed of by the jury was an indict- ment chareing John Schroder with receiving and pur- chasing $136 ‘vorth of wearing apparel for $25, knowing it to have been stolen. A number of witnesses wore examined on both sides, the testimony for the defence going to show that the accused was insensibly drank when his ‘re purchased the pro a and that his pre- vious geveral character was ‘ne jury could not agree upon 4 verdict, and were discharged. BROOKLYN COURTS. UNITED STATES DISTRICT COURT, EASTERN DISTRICT. Another Interesting Salvage Case—The Stenwer Merrimac Ag Before Judge Benodict, Joseph Forbes et al. vz, the Sieamer Merrimac —This ac- tion is brought to recover for salvage sorvices claimed to have been rendered to the steamer ™ 1865, on a voyage from New Orleans to New York. Tho libellants com- posed the Forty-third regiment United States colored infantry, and were being sent to New York under a con- tract with the government. The steamer had a cargo consisting of seventeen hundred bales of cotton, Sho left New Orleans on Thursday, November 9, 1865, and on Saturday, the 11th, at ten o'clock in the morning, the vessel sprang a leak. At three o’clock in the after- noon the pumps became choked, and the water gained 80 fast that the ship was put about and headed for the Southwest Pass of the Mississippi river, then two bun- dred and twenty mifos distant, All sail was sot, and some of the crew and part of the regiment commenced to bail at the engine room with buckets, The i, guilty of an at- , Wore each gent to water, however, gained | them so rapidly that at midnight it was / t the fire room, and at two o'clock on Sunday morning the wore extinguisied and the Ines stopped. Major ad, who commanded tao c nad gradually relieved the crew wilh members of the bye pa 80 that early on Sunday morning tho ag or entirely into the hands of the regiment. hatches were opened, cotton broken ont and thrown overboerd and bailing commencod there with barrels and hogsueads arranged with ro and whips, At this time there was six feet of water in the bilges; at six A. M. the water bad Increased to seven fect, an wemreeing ‘was brought Into requisition to bail whip water an By these means the water was at a stand day night when the ship waa anchored noar Tunbolear Hight. The steamer Morgan was then discovered and hailed, and the next morning took the disablod vessel in tow to the bar where she was grounded, The were, dufing the whole time, working under military diseipline and undor the direct orders of thoir oificers in relief of five com; working two hours and resting two hours, No regular over tey could And e-place, and whoa th hip grounded ever could find a: 5 when the shi inded were so exhausted by their excossive Tabor t at they could not e held out another day. Tho libellants Claim that these facts wero oxtraordinary and unusual, and take the case out of the ordinary rule, that passen- ers are not entitled to salvage, and ask for ono-third of @ value of the veasel, which was stipulated to be $260,000. The testimony has already beeu taken, and the caso ‘Waa argued yoaterday afternoon by counsel for both par- ties, Tho Court reserved its decision. For libellanta, Wm. W. Goodrich and EB. C. Renodict; for respondents, John C, Spencer and C, A. Rapailo, COURT OF OYER AND TERMINER. An Bastern District Homicide—Trial of Charles G. Kelly for Mansinughter—The Testimony—The Case Closed, &c., Ke. Bofgro Judge Barnard and Justices Hoyt and Voorhees, The trial of Charles G, Kelly, indicted by the Grand Jary for tho killing of a negro named Charics Rodgers ‘jn tho Eastern District on the night of the 25th of August fast, was begun yesterday. Tho prisoner 1s a quiet looking young man apparently not over twenty-one or Y two is of gud was attended during the ral nis’ motbor and brother who sat boside fia, dents of the Eastern District, Assistant District Al Mr. James T. Troy briefly ned the case for ‘the. ‘prosecution shortly before ‘on o'clock, wayne, that it would from the evidence on the night fn quesiion, about ten o'clock, @ nu of young mon fwere seen passing down North near Union Qvonae, Eastern Distr! the portion led eh Baile fow, which te inhabited by colored people mostly, witnesses who could : there were aiso others who soule iaeutiy nen AS they passed along Mr, Troy eoalla the prie ‘Tar Wearner —The following shows the regult of four observations in this city of the range of the barometer and thermometer, the direction of the wind, and the “state of tho weather during the past twenty-four hours. The highest range of the thermometer was at 8 o'clock P. M., 60 ‘and the lowest was at A, M., 39 ao. Foo 0 Ae Mf warometor, 30.22; thermometer, 4B; wind northwest, 12 M.—Barometer, 30.25; 1e> ter, 52; wind west, 6 P. M.—Baroweter, 90.20; thermome- ter, 63; wind southeast, 6 P. M.—Barometer, 80.18; ther. mometer, 44; wind south, Friday morning, a oner was heard to make the remark that ho would pian 6 sieem in the ew night,” aud ba juen| ie topped a ment near No. ttle row, pay. AC ‘minuto ‘tole Colored man Rod- gers came out from shat crowd and said he had been stabbed; in fact hehad been stabbed by some person in the crowd, and the result of the injuries he received was death on the 27th of Augu two days afterwards, The prisoner at the bar was to use the expression or threat, as would be proved other witnesses, that “ne wold cut the guts ont of the man that struck him,” but whether expression had been made use Troy) coutd not say Hs tmpreasio, however” was thsi oy) cou a am) owever, was |! it had been made alter the an oe been stabbed and Yevenae law, It is.also that Kennedy did not Keep bis distillery open at all times for the inspection of the Officers, - He was arrested and required ~ Newton to give bail in the sum of had left the crowd, Th mM he H ‘examination on the 20th inst, The dis- Know of which Justidod im. th uso of tte knive. londn, Bleaanas sfterno0D, Cloudy», er aso be herp ats leary. Geniin, at Nos. 10 and 12 Bergen stroet, i FF) was searched q 4 ‘wo o’elock this tn ground of fale but no weapons were ; but before his | *¥9 three-quarters days from the books of the ment. A quantity of bat no weapons ware found upon im; but before his | Uniayy Tho prodictiags aro inrariably ven whiskey, amounting to nearly seven barrels, was also for a space of five miles arochd the New ‘And yet will sometimes apply to a space of one hundred, or one tho: miles. Posrronaaent ov Exrenmments 1x Lire Savisa INveN- ions. The United States commission from Washington at present in the city, appointed yesterday to be set apart for an examination into the merits of the various recent- ly inveated methods of disenzaging and lowering boats, Collector Smythe notified the commission that the Hugh McCalloch revenue cutter, which he had placed at their ‘ago, would be needed yesterday for shown. He had bad this knife in his hand, and had been accosted by one-of the witnesses at that time, who, remarking that.hia band hung by his side, said, “You have got a knife in your hand.” ‘Tae witness had seen somotaing gl ‘a@ bis badd hung by his side. The risoner had answered in the affirmative and gaid tha! if e could find the man who struck him he would put up the knife, There were other witnesses who would also swear that he had.a knife in his and there was one witness who saw the man stabbed. Mr Troy then went on to say that by the evidence it scemed to have been en- tirely & wanton deed on the part of this man (the grocery man, named Frederick Buse, and his clerk, Henry Scharf, were arrested at an early hour yesterday locked up at the Fiftieth precinct station inant Owen Donovan, charges them with baving beaten him:severely on the night previous. The accused state that Owen came to their store, corner of Classon avenue and Butler street, about nine o'clock ou Thursday night and ed seit to some sausages, Phoaner), and after alluding to the fact that for sone | dis; several days refueing to pay therefor, to fight an Teason he had been indicted for manslaughter, closed bis | a visit to tho Groat Eastern tad a trip dowa the harbor. | ‘gaia Prd Meee sothat sions ah stite dling remarks, and eatled Mary Carpenter as the first witness | The Collector however allowed the Kankakee to be sub- | Vating enough, but resirain themselves DO for the prosecation. stituted, but it was ascertamed yesterday morning that | jonger on bemg summoned up by acall from Mra, Mary Carpenter (colored) sworn.—I reside in North | this vessel had her machinery disarranged, and the ex- te. The Buze, who be pons Donovan in her a] application of welub to the cranium: of Phe oquaplainant comprised the ground on which the charge was made. He left tho premises without further unnecessary delay with a b head, and was subsequently tound by officer Raynor lying under a shed in a very weak condi- tion, He was taken to the City Hospital, while tue grocery men were held to await the result of his injuries, Disuonzst Domesica.--Kate Casey, aged seventeen yoars, a servant in the employ of Mrs. Swan, 50 High street, was arrested yesterday for stealing articles of value to the amdunt of $24. She was examined before Justice Cornwell and sentenced to the County Peniten- tiary for six months. Delia Hayes, eighteen years old, ‘a domestic in the family of Mr. James Karle, 182 Fulton avenne, charged with having stolen articles of clothing from her employer to the value of about $70, was also taken into cusiody and held for court. Coroxgr’s Inquest —Coroner Smith held an inquest yesterday morning on the body of Kate Hannon, a iltuie girl eleven years of age, who was kilied by falling from the bannisters of the stairs leading to the third story of the Pier ont House on the day previous. She distance of forty feet, and was instantly killed. It a that the girl was in the act of sliding down the nisters at the time of the accident. Tus Fine Derarruent Troveies.—The examination of Felix Campbell, one of the Fire Commissioners, charged with having violated the city ordinances in causing a falso alarm to have been sounded on the night of the 20th of March, was to have been continued before Jus- tice Buckley yesterday afternoon, but was postponed at the request of William D. Veeder, counsel for the prose cution, who was not ready to goon with the caso, The matter was adjourned to Friday afternoon at two o’cloc! Several firemen were present yesterday at the time ap- pointed, they being anxious to see the question sottled satisfactorily. A Liquor Cass,—Theo proprietor of the saloon corner of Henry and Pacific streets was taken into custody at an early hour yesterday morning, for keeping open after twelve, midnight, The sexton of a church, who also acts as private watchman, John Keatioy, was arrested at the same time, on the charge of intoxication, They were both released on bail, by Justico Dunne, to appear for trial on Monday next. Mnrrary Matrers—At an election for officers of Company E, Fifty-sixth regiment, which was held on ‘Thursday night at the Armory, corner of Nassau and Bridce streets, the following named gentlemen were chosen:—Frederick W. Jones, Captain; and Luther Amerman, Second Lieutenant. The vacancies thus fliled were occasioned by the resignation of Captain Spencer periments had necessarily to be postponed until probably the middle of next week. The commission in the mean- time will inspect various inventions relating to hose ooupling, water guages, &c, Henry Cray Fasrivat Association —Yesterday being the anniveraary of the-'birthday of Honry Clay, this association held its annual reunion at Knickerbocker Cottage in commemoration of the occasion. In former years the celebration has taken the form of a pablic banquet, but the ranks of the organization have been so depleted by removals aud deaths as to render this impracticable. It ts determined, however, to maintain the association so loag as aay members survive. Croton Aquenvcr DeraRTvent.—Yesterday morning at eleven o’clock proposals were to have been opened and contracts awarded by the Croton Aqueduct Depart- mont for the constraction of stone block pavements and building of sewers in a very large number of streots in this city; but owing to the absence of Comptroller Con- nolly the matter was indefinitely postponed. New Sreamvmy.—The splendid new steamship Nevada, 3,000 tong, belonging to the North American Steamsbip Company, is now on the sectional dock for public in- spection at the foot of Pike street, East River. Tho Ne- ‘yada wil! ran on the Caltforaia line of the North Ameri- can steamship Company, and will sail in a few days. Tue Hesry Cuay Lirsrary AssociatTion.—A social hop and reunion was given by the above association last night, at Kind’s Rooms, No. 69 Ludlow street, in honor of the birthday of the illustrious man whose name it bears, The persons present were all members of the society and their Indy friends In the course of the evening the President, Mr. T. Metzger, delivered a ee, in which he reviewed the life and doings of jeury Clay, and based upon them an appeal to the mem- bers of the association to improve a!l opportunities offered them of adding to their stock of knowledge. The asso- ciation is compdsed of a number of young ten, princi - paliy clerks and bookkeepers, who mest every Saturday night for tho purpose of mental improvement, the means employed to that end being debates on popular anbjects, lectures, orations, readings, &c. Last night, in addition to celebrating the birthday of my Gay. they also commemorated that of the society. e night was spent very pleasantly, all the more so on account of the com- paratively private character of the reunion, ASSOCIATION ¥OR THE ADVANCEMENT OF SCIENCE AND Art. —A lecture was given last evening, at Cooper Union, by Israel 8. Diehl, late United States Consul to Java, giving asketch of his personal observations in a course of travel through the valleys of the Euphrates and Tigris, Tho remains of ancient grandeur and magnifi- cence were dwelt uj at length, and relics and speci- mens were exhibited of coins, templo ornaments, &c. Firat ‘stroet, No, 2 Battlo row; I knew Charles H. Rodgers; he resided im Frost street; 1 saw tive or six white men betwoen nine and eleven o'clock on the night of the. 25th of August last; they camo from Powers street through Battie row; some swearing at each other; there was a tall one who gaid “let's go down through the row and knock.a nigger in the head,” he had a light coat on; when they got down between Nos. 1 and 2, right opposite my window, another of the party (a short one) said, ‘there is a nigger let’s give it to him” the tall one then said, “show mo the black scoun- dre!, and I will cut his guts oat; Isaw a knife glitter in bis hand and saw Rodgerg standing by the window talking; he did not say or do anything to the men; I heard a scufile and he ran into our house; said he bad got the Knife and asked to be taken to the doctor's; I could not distinguish the faces of the mon; I see the tall man here now; (identifies tho r); the whole of them starled to go as far ag 5, then return. ing to No, 1 and: crossed the street; officer Hunt came along and they surrounded him; officer Leo also came along, when I pointed out the tall man witha light to him; the ta!l man then ran around the corner. Cross-examined by Mr. J. D, Townsend—It was a bright moonlight night; I was in the front window look- ing out, and my husband was in the room with mo; I was sworn before the Coroner and did say that I heard Kelly ery out, ‘show me the black scoundrel and I will cut his guta out or shoot him;" after the deceased said he was stabbed he wuataken by him to the doctor’s; Idon't know of any party being taken to tho station house an hour after Kelly’s arrest charged with the same offence; my room is on the third a Re-direct—When the tall man with the white coat made the remark that he would cut the guts out of the man who struck him he was about three or four feet from Rodgers, Robert H. Peterson (colored), of No, 5 Battle row, wi next called to the stand, and testified that ho aw Kelly and his party on the night in question, botween nine and ten o’ctock; he sat seufile near his house, in which the tall man with a white coat = prisoner) was en- gaged; he also saw Rodgers pass alterwards; heard him say that he had been stabbed, and saw him blecding from wound inthe side, On bis.cross-exainination —— stated that hedid notsee the stabbing take ‘place. Richard Geer (colored), residing in Battle row, testified that on the night in question he saw six or sevon white men under the influence of liquor — along and acting ina disorderly manner; he did not eco anything of them after they passed his door, but afterwards heard that Rodgers had been stabbed. The testimony of wit- ness in relation to the side of the strect on which the moonlight was shining was directly contrary to that of Mary Carpenter, who stared that the light was shining on bd south side, while Peterson testified it was on the north, Mary Jane Geer (colored), of No. 4 Battle row, testified to having seen the crowd inthe night near her door, among Whom was the prisonor, ‘who had ona white coat and who asked her where the biack scoundrel was that struck him; this was after had beea | Tigo lecturer regrotied that mo Amorican travelier had | Hatfield and Lieutenant Peter Waddy, On the same bg oy ioe’: edbnreaysemei&eet0 hav the | ever given @ respectable attention to the wonders of | evening Captain James G. Gregory, Company K, rroe es ee eared aving seen the | these valieys, aud advocated a scientific expedition for | ty-tbird regiment, National Guard, was tho recipient o a very fine sword, sash and it from the members of his company, as a slicht testimonial of their regard for his gentlemanly and soldierly qualitics, PresesraTion To CAPTAIN MULLEN, OF THE Forty-FIrTH Precinct.—Soveral leading citizens of the Sixteenth ward, on Thureday evening called upon Captain James Mullen, of the Forty-sixth precinct, and ited him: with a testimonial of their regard in the shay gant and gold chronometer watch, with heavy pnsouer order Rogers off the sidvwatk; beard tho lat- ter say he was st and saw blood; none of the others were near Rodgers when he was stabbed, Thos, Fields cue testified to having seen a crowd of men shove gers, Who be afterwards found had been stabbed during his (wkness’) absence in the house, Hezektah Chi testified to having heard a scuiflo near where Kodgers stood; deceased then ‘came to hita and said be was On his cross-examination Chester stated that Rougers followed the crowd after they. passed him; he said he would cut or hit someuody, ‘and after being absent about a minute returned and said be was stabbed; witness asked him why he did not striko the man who strack ‘him, and he replied that ho struck at him, bat missed. Dr. Joasph Creamer, who made the post-mortem ex- amination, testified that deah had been caused by hemorrhage from a wound in thé stomach about three quarters of an inch in length. Officer Lee, of the Forty-fifth pree'nct, testified to having arrested the prisoner after the stabbing. Some other testimony was submitted for the procecu- tion, but no Additional fac's of any importance were elicited, The case for the prosecution was thea closed. ‘TUE DEFENCE discoverios excavations, Mr, Diehl argued a most wonderful comeidental proof of the trath of Holy Writ in his researches, and if one half of the speaker's state- ments were trae it is a region exceedingly rich in his- torical interest and as romantic as the tales of Aladdin. Pronase Fata, Accipsxr rrom Tux Evrrcts or Iv- TsMrerance,—A map named W. Goggin was tound by the police of the Sixth precinct yesterday morning ina dying condition ‘on the sidewalk, outside the lodging house No. 14 Mulborry street, Ho was badly bruised and completely iusensible. From inquiries made it was as- certained that Goggin had been saree witna blind man for two days past the good whiskey of the Foarth w: and on Wedaceday sold his cost to supply himsel? partner with the means for further dissipation. It is sup- posed that he got juto a drunken sleep, during which bo must have fallen from the window of the above men- toned. place and received the injuries whieh it -Is ex- eed will prove fatal, He was removed to vue fospital, where up to a late hour last night he was re- ceiving the necessary treatment. Svopen Deata.—A young German girl named Bortha Adler, aged 18, who resided with her parents at 407 Police Commissioners. mi the career of the burglar Monzam under cir- cumstances already familiar, by an enthasiastic audience, fter the Mr. he attempted -to_shoot that officer. was opened by W. R. Hyslop, who appeared for tho pric- | Grand stroct, was found dead in her bed yesterday On Tuesda: onor. He ‘contended that Kelly was entirely iunocent of | morning. Sho had retired the evoning previous to ali | timonial—a very substantial one—will be ited: to tho stabbing. 23 in the full enjoyment of th. Cause of | Mr. Scott at Firemens’ Hall, Fourth street, E. D, appearanc: death, cerebral apoplexy. A Pickrooxet Arrsstt2,—Charles R. Sobultz, a farmer realding at Passaic, Bergen county, N. J., came to this city last Saturday and wont to s3¢ a young man of his acquaintance named Francis Gregory. On finding tho latter Schultz determined to have a good time, and, in company with him, he went about towa ina somewhat manner tor several hours, so much so that his money and a gold watch aud chain, no doubt under the impression that they would be certain to be lost anyhow. the watch Frederick Fuller testified that he and Kelly wero in company with Rankin and others going round tho streets on the night in question; that Rankin was drunk and unwilling to home; they encountered a party of colored men on tho sidewalk in Battle row; after pass. ing them one of them came up behind Kelly and struck him in the back of the neck several times; saw no knife in Kelly’s hand at the time nor did he notice him do anything when struck. joseph soon another witness, testified to their having elected at the democratic primaries held Thursday night. The chairman appointed Rie nnobert 4 “rs Second District. 0 ward, to James B. the Third District , and Mr, passed through Battle row, and to the negro having the meeting adjourned. struck Kelly; he did not see Kelly do anything or have aay knife in bis hand; after Kelly was struck he heard say, “One of our men hes beon stabbed here to-night, and you boys had better go patrick Burke, the next witness, deposed to the fact ag stated above; and also that ee ae be ot Battle row the drunken man shoved Kelly against ro, Who was standing there, when the negro followed struck Kelly; after the blow was struck, Kelly turned round to #trike him, but did not do g0; there was tall man in the crowd who wor white coat, who came up at the time of the difficulty; did not see him speak to a : Charles H. wn, who resides in Battle row, testified that on the evening of the 26th of he was stand- ing talking with Ri Geer, when it four or five white inen Oey et witness aftereards Af after- wt ta ea ten lone, FINE ARTS. dues nothing was Serzvaz oF Guv.—On the 30th of March last the ship Aristides, Captain Brumenhoff, arrived from Bromen with an assorted cargo, among which were twenty bar- rels of gin, which amounted in value to upwards of $400. saw one of the party run in street, evidently fora ry atone, and started with Hezokiah Chester to sce what and skil tho matter was; on their way they met Rodgers, who very said he had been stabbed ; witness asked mon which yy in the Cb ypeploret cage n Tes Ae bed ql were ev! o no H me man trying to largest picture get the others away, Chocarsa Torence McManus testified to having pas ‘@ tall man, other ures with na eon if come out of the crowd at the time tinned “Mornit every was not the peaoner, enn esti Ms hows ‘pring. Mlancing fits, Wew, 3 ing —Hane' is, New A large number of persons were called to 75; “4 Ts Som: ied previous good character of she prisoner, and af wok Wie, fay init ares'on the the es clumon of their testimony the defence rested, aeons § = <9 canes the frames, latter being day morning. he receipt of $80:708, 10 be applied for the ‘Excmm Law.—At the Essex Market Police Court yesterday George Haner, No. 73 Montgomery street, was ea iene mre Porn alleged A Cotorep Swixpiee.—A comical and exceedingly, from es Excwe law. situation as waiter, at the same P to be letters of recom! of the first families. of George Eckstein, a child sx months old, whose death duly some on Out of pawn, Mr. was the result of received by accidentally upset. fellow to be tolling theteth, advanced the money’ with | S95 & potof bolling ee upon him scalding him about whieh the accused loft but fulled to returns the chest and other parts of the in a terrible miau-* the ‘manner obtained $3 60 Mr, | Der. Tho accident cocurred morning, Wellington A. Carter, 62 dt street, How many | ~ MUSICAL AND. THEATRICAL INTELLIGENCE, After a brief but severe illness Mr. Alfred Metion died on March 27, at & quarter to twelve, at bis residence in London. The indispomtion that proved fatal was a re-' lapse from a previous illness which had lasted through a great part of the autor and early winter of 1664, and from Which it was hoped he had entirely recovered. By. the death of Mr. Meilon the musical proféssion has lost the” most generally and justly ee | teetied of our English orchestral conductors. ‘A®-@ musician Mr. Melion held a distinguished and ‘well earned position, Under Herr Molique, at Stattgardt, he mado himeclf master of all the technical resources other gentlemen of too confiding atepoaitions have been swindled | Merriday, is unknown. ‘Hogan com- mitted wim to the Tonibe for examination, A Boratan Pueads Guittr.—George Bennett, @ sail maker, thirty-eight years of age, was yesterday brought before Justice Hogan on the charge of breaking into the store of Mr, William H. Locke, ‘the lock from the butter valued at $12, The accused his and the FAO Tombs for trial in ‘aetusit of $1,000 all ae eos Tuset or Qvicastver,—A Frenchman named Adolph Zeliior, living @t 59 Grand streot, whose occupation is that of looking glass silveror, was arrested charged with Healing $05 worth of qeweailver from August ate hed 4 ard street, accused &6- committed knowteaged | efea and Justice Hogan — gat Sweaty blah Usted ING ISLAND INTELLIGENCE. Queex's Cousty Acaicuttvrat Soctsry.—The board of alae scenery? = the military suthorities, and managers of this society will meot at the Fair Grounds ude OF Creek eed awaits the o Schofield. The on atria, AE 8 AL 10 A.M, and appoint se ne UeanteTotinan ant Wagner, peor ARRESTED OR Svsriciox, —Officer Vandewate?, of Hemp- © prolimissry examination, | The result of seas on alia at reed «young fan the the investigation remains a secret, and has not yet beon fore EE Sey ty sa Bgpe ne ba tice Clowes sent him to the county ‘ail there: ¢o await ACCIDENTS. furthor action, The denies Overy charge pre- 4 forred against him, Concord Raliread Train ‘Tas Late Free ay Paarsits’s Connen.—It is stated from the Track, that an intoxicated laboring man, name unknown, per- Boron, April 19, 1867, ished tn the outa that belonged to Mr. Alexander car, three freight care and a baggage car Toareniy, hice were ‘evening (the Portemouta and Con near were STATEN GLAND WITELLIGENCE, aes ™ Fatat Acoraxt —John Hendrickson, a Rassian sailor, | The Binck Crook Js in a Cincinnati court. shen belonging to the brig Josephine, was itled on Wetnee- | Gin concerta are the rage out Weet and down Bast at Pita Reiko expr “ ; Sr era Tea anit, Oe Sa | re Peg ag lal Coroner Gaffney and a ‘estvall was at Indianapolis on Monday and played to ied iat - Prise accomplish is bein; being of an ele- chain and key. Although eminently deserving of this others, who had previously obtainod the consent of the Hoyors T0 Orricrr Tuomas Scorr.—The manager of Edwards’ Opera House, Eastern Distric!, last evening gave a complimentary benefit to officer Thomas Scott, of the Forty-fifth precinct, who, it will be remembered, ter- The house was crowded Al perormance Mr, Glover, from whom Monsani stole the pistol with which Scott, presente’ the weapon to y evening next the eitizens’ tes- Dsmocratic Gevenat Commerree.—The regular Demo- cratic General Committee met fast night at their rooms, No, $47 Falton street, and confirmed the delegates Pury, of the Fitth Tne Commities on Printing wes then appointed, when ‘Tar Exeurr Fraewen held their regular monthty meet. ing last night at No. 9 Court street, but further than ex- pelling one or two of their members for non-payment of and flower pieces, with a few superior landscapes, to- he had been out only two or three minutes when ho second but-was foiled and taken away jnderwent he ui @ medical ex- raft, I with a fow New ¥ yeven- * he was robbed of $20, Money in his and children in Waiton, and Hobek« ‘Tax New Dry Dock.—lIt is expected that within four weeks the new dock will be ready to receive vesszis on the stocks. Whon completed it will ‘be: superior in of improvements to any other dock on the North and East rivera Several sloops and schooners have been chartered: for the work of filling piers, which 1a done with stove, forming a golid bed at each pier. The ee of water between the high water will be forty-six feet. The piera ex-, feck "Everything that ingentity can ‘dovise, or eutere by en can or eu! i? done to make the work not only extensive but di le, none but the best material employed in the construction. Its"extent em- braces tho entire space between the ferry slips and the Bremen dock. Weehawken. ‘Tie Farry Coxpnanep By TH Boanp ow Cuosen Frea- HOLD&Rs.— At the regular monthly mooting of the Hud- son county Board of Chosen Fresholders on Thursday, at the Court House, the Committce on Bridges submitted the following report which was adopted and referred to counsel for action: Your committee wonld report in the matter of the Wee- hawken Ferry that they found many complaints among the sople of Weebawken and ita vicinity against sald terry. ‘our committee find many things at requiring correction; but one boat running, and that, though much better than before coruplaints were made and the ferry pre- sented by the grand jury, ean be still much improved for the assengers; but litfle “accommodation in regard toferry , bins on the boat is made, and the dockage is fae boat cannot at times Land for want of tide; @ cases are exorbitant and beyond what have a right to exact. Your committee are Bot entirely sativiied as to the powar of) the Board in the premises, but would recommend that the Board take such action as counsel may advise and deem legal in the case. Newark. A FPemare Tarer Anrestep.—Ellen Shields, alias Ellon Kane, was arrested in New York city on Thursday night, by detectives Smith and Brant, of Newark, on a charge of having stolen $100 worth of goods from the house of Mr. John Keane, No. 52 Union street. It seems that? three months ago she called at the residence of Mr. Keane, representing herself to be without friends or money, and as an act of charity that gentle- man, permitted ber to remain in his house throughout the night. Tho next moraing, while the family were at breakfast, the woman ransacked the hous, placing such articles as she deaired in her pocket, after which she left for New York. Since that time the detectives have been looking for her. Before leaving New York for Newark, the woman admitted her guilt, and gave infor- mation which led to the recovery of most of the stolen goods, She is now confined in the Essex county jail. Morristown. Tue Coar-rurnixnc Locomotives —A large amount of damage has been done to property along the line of the: Morris and Evxsex railroad owing to fires originating from sparks from the coal-burning locomotives used upon that railroad. In some cases coals of fire as large as hens’ eggs have been thrown from the engines a dis- tance of from seventy-five to one hundred feet. Farmers along the route are averse to cultivating lands in the immediate vicinity of sections through whica the track of the road passes, as they have no security against their crops being consumed by fir A Mr, Cutler has already lost by fire about $709, tho flames being caused by sparks from locomotives. He intends, bowevor, to prosecute the company for damages. Chatham. Accipmst ox Tus Ramroap.—A boy named Samuel Berry, omployed by C. Wallen, of Newark, to sell papers, &c., on the Morris and Essex Railroad trains, met with an accident on the road at Chatham yesterday morning. Alter fomreag Seger through the westward bound ex- press train Jumped from it as \t passed that station, and was thrown violently to the rround, breaking his wrist and receiving severe internal tojarivs. He was sent hack to Newark on ono of tie trains, and conveyed to his home in Stato street. a ‘Trenton. Croee oF tHe LearsLarurs.—At claven o'clock yestor- day every momber was in his seat preparatory to the” closing ceremonies. Some touching addfesses wore de- livered by different members, ater which @ vote of thanks was passed to MrsCuatia, the Speaker, to which he replied foelingly, being evidently affected by tho kind sentiments cx; towards him. Votes of thanks were also tendered'to the Clerk of the House \ and his assistant, after which the eession:was formally declared to ve closed, and the members, after friendly congratulations and good wishes towards each other, took their departure for thoir respective homes. ADJUTANT GENERAL OF NEW JERSEY. Taaxtox, NJ, April 12, 1867. Stryker, late of the United States ited by the Governor Adjutant New Jersey, in piace of General Colonel Wm. 8. Army, was this a Gcaorao the State 8 esterday afternoon as. |. J. Parran preeided, pany vee ‘@ successful — jo, Durin, the ao applioe tion at raged set men to some Bata es to pay the advanced furnished them. id in at the 2 FY J ‘The Weenxry Henatp for the present week, now ready, contains # stgry in three chapters, entitiod “THR BOUQUET,” ° “TWO Tt aleo contains: The very Latest European News by the Cable and the Maile up to the hout of publication; Five copies, $8; Ten copies, $15. Single copies, Five conte each, A limited number of advertisements in certed in the Wammit Hua