The New York Herald Newspaper, April 16, 1867, Page 6

4. UNITED STATES SUPREME COURT next, Further proceedings in the case, acoord {ng to this interpretation of the rule by legal gentlemen, will ¢here- fore be’postponed anti! that time. Cc y Duane and California Vigtiance Committee—Duties and Liabilites ef Com- mon Carriers. Robert H, Pearson, Appellant, vt. Charles P. Duane.— Opinion of Chief Justice Chase in the Mississippi Injunction Case. The Execative of the Nation Cannot be ined to returm. “The next felarn steamer was Restrained by the Judiciary. the John L. Stéphens, of which the appel- lant was master, Upon her stopping at Acapulco The Motion to File the Bill Sites alia, of ior, onred ope hist Denied. Detision in the Case of Duane ys. The San Francisco Vigilance Committee, Tho Prize Steamer Peterhoff Restored to Her Owners. &, &e. : Tho Mississippl Injunction .Case—Opinion of Chief Justice Chase. Wasuinatom, April 15, 1867,. In thé United States Supreme Court to-day the Chief Justice delivered the opinion of the Court in the case of &o. come on board and’remain until the salling of the ship, as in this case, it was then toe'late to refuse them pas- ; third, frase the motive of Pearson in puttii off hi was a humane one, it was no foarth, the damages the Stale of Mississippi va. Androw Johnson, President | for such cause, and, all'the facts consi the sum of would compensate Duang for all damage sul of the United States, and E, 0; C. Ord, on the motion — ceocinee Wt Seat ee exes. for leave to file a Dill, as followa;—~ Amotion was madesome days since in behalf of the State of Mississippi for leave to Mle # bill m the name of the'State, praying this court perpetually to enjoin and restrain Andrew Johnson, President of the United States, and E ©. ©. Ord, General commanding in the district of Mississtppi and Arkansas, from execucing or in any manner carrying out certain acts of Congress therein named. The acis referred to are those of March 2and March 2°, 1867, commonly known as the, Recon- struction acta, The Attorney General objected to the leave asked for upon the grounds that no biil which makes the President a defendant and seeks an injuno tion against him to restrain the performance of his duties ag Prosident should be allowed to b» filed in this court, This point has been fully argued, and we will now dispose of it, We shall limit our inquiry to the question presented by the objection, without ex- preesing any opinion on the broader issues discussed in argument, whether in any case the President of the ‘was, therefore, ‘with Instructions to enter @ Judgmont for that rscin. ‘It was farther ordored that each party pay his own eoste here, Decision in the. Case. ef the Peterhoft—No Legal Blockade of the Rio Grande—Order of Restoration. The Peterhoff, Her Tackle, dc., Appellan’, vt, The United States.—Mr. Chiet Justice Chase read the opinion of the Court in this case, restoring the abip aud go much of the cargo as is not contraband of war, except such portions of the cargo not contraband as beiong to the owners of the contraband portions. Tho Court are of the opin- jon that the voyage of the Peterhoff was not simulated, and that neither ship nor cargo was destined to the blockaded coast. It is premised that, in accordance with the deciaration of Paris in 1865,e0 paper or construc- tive blockade is al owed by international law. It is, then, held that trade between London aud Matamor with goods intended to be shipped from Matamoros to Texas, violated no blockade, and cannot be declared unlawful, and this because thé mouth of the Rio Grande was for haif of its width within Mexican territory, and for the United States may be required, by the process of this | Purposes of navigation was altogether as much Mexican as American. The proclamation of the President of court, to perform.e puraly ministerial act required by | Yenenary 18, 1 to the effect that the port law, or may be held amenable in any tise, otherwise | of Brownsville had been blockaded, does not than, by impeachment, for crime. The single point afiect pe cotter ied Riera Rati: nor, hive igs abséi.ce of an express deolaration by ths proper author- which requires consideration is this:—Can the Provident |} fiy. will it bé eald that it waa the invention of the govern- be restrained from carrying into effect an act of Congress | ment to blockado the Rio Grande. The geveral doc- alleged 10 be unconstitutional? Is is assumed by the | trines of international faw lead irresistibly to the con- Counsel for the State of Mississippi that the President, | (/si0n that noutral trade to or from @ blockaded couniey ia the execution’ of the Reconstruction acts, is by inland navigation or transportation is lawful. It therefore impossible to bold that inlaud trade trom required to perform a mere ministerial duty, In | Matamoros, in Mexico, to Brownsville or Galvoston, in this assamption there is, we think, a compounding of | Texas, or from Brownsville or Galveston to Matamoros, the terms ‘ministerial’ and “executive,” which are by | Was aifected by the blockade of the Texas coast. Mo means eqaivalent in import, A ministerial duty, the performance of which may in proper caves be required Of the hecd of @ department by judicial process, is one NEW JERSEY INTELLIGENCE, fo it to which nothing is left to discretion. Itis a weed simple, delivite duty, arising under conditions admitted Jersey it: or proved to exist, or imposed by law. Tho case of Mar- yale bury va Madison, Secrciary of the ‘Treasury (1 Crancb, A May Founp Drownxp.—Yesterday morning, a Now 187), furnishes an illustration. “A citizen had been nomi. | York boatman discovered the body of aman flvating in nated, confirmed and appoited a. justice of the peace | the water at the foot of Sussex street. When taken out for the District of Columbia, and his commission had Deen made out, sigaed find thaled; nothing remained to | *@, deceased was found to be a tall man, dressed in a be done except delivery, and the duiy of delivery was | brown frock coat, light Grab pants, flannel shirt and imposed by iawon the of State. It was hela | a sailor’s hat. On his person wero found a pocketbook, ‘that the performance of th's duty might be enforced by | containing seventeen cents, and razor, and a belt mandamus issuing {roma court having jurisdiction. ¢o | with sheath knife, Ho had evideatly beon # long time in the case of Kenda'l, Postmaster General, v3, Stockton | in the water, the face having boon eaten by fish. Cor- Soecubaue teckonaii Poters, be (Pi Mine Rv’ pst ee) bad | oner Warren will hold an inquest. ir Geus i ton and reRED.—On Sata! piano Stokes with auch ayms as the Soliciior of tbe Trea-ury |, STo%s GooPs zoov sedi ero should find due them, end that officer relueod to credix | ‘FY in Canal streot, New York, was robbed of musical inatpuments to the amount of $1,500. Detective Fields them. wi.b certain.sums.sojound due, It was leld that the of, this money was a more min- oromed vver to Jorscy City yesterday and, having ob- inert ty, e Lt aes of which, mi; tained a warrant from the Reourder, he proceeded tor No. these cases. Nothing-} 112 Popeqoen eer, street, where all the missing property Jot discretion; there was no the Piss of judgment tie tae nape smasitound except one unfinished piano, and restored to. ‘the performance of a single specific act, aud that per- formance, 1c was hold, might be required by mandaivar, |. AFF#Wrr 0 "Titre Pudcxwin.—Sovoral 'wosks ago = ee is = duty of she Fossa in the exer. | letérs were received by Mr. Barnos, No, 251 Washington power to gee that ws are faithfully exe- | street, and Mr, Mulhardo, No. 74 Robinson street, New outed, and’ among these laws the acts named iu the bill. i By tho first of tess ats he 1s. reqaired to as-ign_gon- | York, threatening hat if they did not jointly pay $650 erals to’ command in the goveral military districts, and | to the writer he would énter complaints against them to dovail sufficient milita:; enable such officers | for dictilling without a government license. The letter fo discharge their duties under the law. BY the Sup | was signed “H. Williams, Post Office, J City.” eee dmg, cea ales wat the de peeed on the several | The polles authorities having been applied to, detective IE generale, and their duties must necessarily | oeent ‘was slationed at tho Post Oleg whore he de- performed under the supervision of the Prosident, as vf tected a boy calling for the letters, The lad slipped ou Gommander-in Chief, The duty thus imposed on the | jocrets hey calling fr & pri yen 5 ye ey pian = tare oa Gee e met a man, to whom he the letters. Both were at the judicial department of the government to enjom | Ned arrosied. | The so-called Williams turned out to bo ve 5 @ employment afirm praene duties by the President | fy "Washington street, and tho writer of che threatening o might be justly characterized, in the language of Chiet h "4 . . | letters was William Keiner, clerk in said tirm. Both Justice Marshall, as ‘an absurd and, excessive extrava. these are uow in prison. ’ " It ¥ true that in the instance before us the Court is not sought to enforce actioa ‘Luxcouy Ceiusration.—The Lincoln Association of this by the Executive under constitutional legislation, but to | city held a celebration in Newark avenue last evening in commemoration of the death of Abraham Lincoln. Tho such action under legislation alloged to be un- celebration was followed by a commemoration of another Constitutional’ But we are unable to perceive that this circumstance takes the case out of the general principle event'that occurred on the 15th of April, the raising of the flag on Fort Sumter. the exercise of Hoboken. argument fos of moot weight against It. tad Wi mi weight asi it ‘at-the bar that this Court din any Civesinc Peacero. Crrmexs—Tas New Porics.—One of the special officers named Herman Polsen, ewployed by the liquor dealers to prosorve order on Sunday, was brought before Reoorder Avery yesterday morning for case imterpose (o arrest the execution of an unconstit tional act of an it cau hardly be doubted that obj divers assaults committed on unoffending citizens, the incipal complainant being a man named Clopping. pl with ject would have been ‘beret fore toi, Occasions bave not been unfroquent. is instalment in the office, it would appear, made him hair-Drained, and of course he set up the defence that It The constitutionalty of the act for the aunexation of Texas was ly dented. It made im- portant and permanent changes in the relative impori- ‘ance of States and sections; and was by many supposod disastrous results to be pregnant with ‘to large iaterests | Was only « few slight knocks on the hoad and other in- in particular States; but noone seems to have thought | nocent capers. The Recorder, however, took a different of an application for an injunction t tho execation | View of the amusement so-called, and Polson was held to of the act by the President; and yet it is dificult to | bail for triul, perceive upon what principle the a; n now before Newark. us cag be allowed and similar app! ions in that and * Learep From 4 Wixpow.—A young lady in the employ other cases could have been denied. The faci that no such appl ‘was ever before made in any caso indi. of the Clarke Thread Manufacturing Company, foot of bP su ‘General judgment of the profession thai uo | Passaic street, Jumped from the window of the factory po mee | Fon ge entertained, It will hardly | yesterday, and had avery narrow escape from being be aed that Congress can int im any case 0 | instantly killed. It seems that ® portion of the ma- cbinery of the factory gave way, making a loud noise, Moh the indy: mistook for a mise serionscasaalty, wei ®uch ‘an enactment, when the purpose is evident and the execution orn purpose: Cortaine be distinguished in | losing her nce of mind she leaped from the window principle from the right to such interposition against the | t® the roof of a building bolow, a distance of twenty feet. She was conveyed to hor home, corner of High and Academy streets, and medical assistance rendered. It was ascertained tuat a concussion of the spine bad been produced by her fall upon the roof, and {t is foared that she has also received serious internal injuries. Eliznbeth, Important Arrests —On Saturday night three men, mamed George Keiser, John F. Hollerd and Charies Heild were arrested by Deputy Chief of Polico Maguire on a charge of passing counterfelt money, After having “shoved” several of their worthless bills on parties in town, they entered the lager boer saloon of Philip Worth, om the corner of Market and Elizabeth streets, where they were arrested. They were atonce taken to the county jail and a searoh of their clothing omer tna sulting i the discovery of five counterfeit ten dollar bills of the national currency and $52 in genuine money. = are now locked up im the county jail to await of such alaw by the President? Tue Congress is legislative department of the government. The President is the executive department. Neither can be restrained in {ts action by the judicial department, though the acts of both, when performed, are in proper cases subject to ite cognizance. The impropriety of such will be Seay. aie ,ubom, cousiaerstion & consequenc u ed, an prayed for, be allowed. If tho President it_ ts needless to observe that the to enforce its process If, the President complies with the aud refuses to execute the act is it not Clear that a collision may the exectitive and legislative depart- not the House Hudson City. hese questions answer - | before seven yesterday morninga firo broke out in the Li ly Ae Mier Med, frame building situated on the second range of crags at United States; but we are | the Bergen cut and almost overhanging the railroad. bas no jorisdiction of a | The flames, nourished by a fresh morning breeze, made in the ‘of hig | quick work of the premisos, and before assistance could such bill bught to be recived | be procured they wore entirely destroyed. Tho building gested that the Dill contains @ | was owned rv . Gilbert, whose loss is about $8,000; cannot be obtained for $4,000, Hackensack. ‘Tus Vaspersitt Carty Fioccixa Cast.—Three bills of indictment were found by the Grand Jury of Bergen county against Vanderbilt and his wife, To one of these the nature of the sentence would be caused much con. esc, Seasons, him oo Frond as a ‘To tho intense astonishment and disgust, of eee aia The motion for leave to Mle’ the Dill | Svery Tistoner.a man pleadi gully of @ crime within a m been, fow ard ined $75. For the other ‘Tue opinion having been delivered, the Carer Jomnor | two thoy were fined $25 cach. Thus justice le nonoul Fould not sit on next Friday, | dealt out to the of @ deed which was calca- it eh 1,And Thursday would be substituted | lated 1a every detail to chill the blood with horror, Poor a day. He also An in = oon the State | Mary Ann Farrell has not yet been avenged. ‘makes no objection to the filing of the bin acy coneral Atanhope. therefore, grant leave to file that bill. 7, Ran.noaD Accipant.—Yesterday morning a man named santabanaepememmieate tis coe tot Daniel Rogan, while’riding on acoal train between Dover tevatiompt to enjoin the President. The bits nothing | and Drakesville, on the Morris and Essex Railroad, had ‘and I can reform it to sult the views of the Gourt, and | his thigh crushed and hie left log broken. The bottom ‘present it again. 9» of the car upon whieh he was standing broke through, ‘The Curer Jostice—Leave to file the bill is rofasea. | precipitating him under the train, He was immediately Ms another gre tna ee the | ramoved to Manhope, but m0 hapes are enteriained of a e recovery, $ S5iication can be made on Thursday ? i Belvidere. he Came Juenics—On Thureday. WA. Decwox.—The tax case in litigamon between the town Perineal the United States Sapreme Court reads as | of peividers and the Warren Railroad haa been decided a 7 by the Court of Errors and Appeals in favor of the town. issued out of this Court in any euft in equity | The tax and interest will amount to about $26,000. = erred on the Gofosdaut eizty days before the Borror, 16, 1867, A fre tas sivttog purty euonropet ab velling él the corner of Franklin and Hawley streets, owned by Patrick Donahoe, proprietor of the Pilot and ed as bis publication oes, The ‘eats fale ot $10,000 tae 4 To-day he Court issued subposnas to tesue against the dofendantun the Georgia bill of complaint case, asprayed by the pettioner. The Court will adjourn in May, and asthe sixty ‘ays required by the rule Cannot oocar be- tween flow and that time the return: seoenearily ‘be at the adst reguing term of the in December ms mou ove me Ry A 4 July 17, 1! SORE Sesh teats Soe hackney Coaches Miteen toe Park. The amendment that ‘thereafter all hackney coaches wal! be driven in the Park, ‘stand “at all a rk, may aay » ton, for the reason. had who that he ereln ere living up town. wished to monopolize as ceipt of your resolution, in which you request mo to communicate to your Board ‘ihe present condition of the negotiations with the general government connected with the purchase of the lower eud of tue City Hall Park for a ate for a lice, and all such facts information touching the disposition of the land in quesiion for the puposes intended as in bis (my) opinion my be of general puoli¢ interest” in reply, 1 beg to state that I have no knowledge of the nature of the negotiations with. eneral govern- ment for the purchase of the tand In question. In pursuance of a resolution of the Common Council, approved December 18, 1866, I have, in performance of my official duty, commenced the preparstion of a deed of conveyance of the land in question, aud that deed will, probabiy, be ready for execution to-morrow. T havo examined the act of the Legislature, passod April 17, 1860, giving authority to the city to ‘convey, and alsd the opinion of Murray Kofman, in wh.ch ho expresses his satisfaction, a3 counsel for the Unived States, with the title of the city, Under these gircumstances my official duty is merely to preparo such de-d as shall be in form 8 ficient to carry Out tho resolutions of tho Common Council above referred to. Beyond the line of offal duty 1 do not dsire to go in this case. I request of your honorable body immediate attention to this matter, 8o that I may be, as carly as possibic, apprised of any further instructions you may desire to give me. Tam, gepieman, respectiully yours, RICHARD 0) N, Counsel to the Corporation, Ordored on file, The Board took up for consideration the quostion of passing over the Mayor’s veto the resolution au horizing the purchase of a file of the New York Henatp for ihe past twenty-five years, at a cost of $2,000. Alderman Norton moved that the Board do adhere to its former action, notwithstanding the veto of the Mayor. Tiderman’ Rear hoped the motion would prevail. The file of the New Yorx HeRxatp was valuable docu- ment. It would be an invaluable document for the Uky Library if it were purchased every year, Tho Board by @ vote of thirteen in the affirmative to two in the negative the resolution, the Mayor's veto to the contrary notwithstanding. The Board thon adjourned to Monday noxt at six o'clock P, M. BOARD OF COUNCILMEN, Tho’ Board met yesterday, the President, Mr, Brink- map, in the chair. After the minutes of the previous meeting were read and approved a resolution was adopted giving permission to the Society for the Protection of Destiute Roman Catholic Children to erect @ proper structure on thi north side of Union square, on the ground situated bo- tween Fourth avenue and ay, leaving a passage wide enough for a reguiar drive Way. Witbvout transacting any over business the Board ad- journed till Tnursday. BROOMLYN BOARD OF ALDERMEN. The Board of Aldermen of Brooklyn met yesterday afternoon, A communication was received from thé Board of Health, calling the attention of the Aldermen toa num- ber of sunken Jots in South Brooklyn, which were covered with stagnant water, and wore prejudicial to the public benith. The matter was roferrod to the Sewer Committee. The Committee on Lamps and Gas roported in favor of attaching two feet burners to each lamp; also to en toring into contract with J, McGeary to place his patent carbonizer on the lamps, The maticr was laid over for one wi The Committee on Lands reported in favor of repair- ing the Forty-seventh regiment armory, in Fourth street, The report was ado} Areport in favor of repairing the building at the cor- ner of South First and Fifth streets, to be occupied as the Fourth District Court, was adopted, Alderman Hatuaway, who thinks the expenses of the Fire Department are in excess of what they should be, offered a resolution to the effect that the opinion of the Chief Engineer be ascertained as to what changes could be made to reduce the expenses, The resolution was adopted, The Board then adjourned. FIFTH AVENUE, Who Ought te Keep the Carriage Way Repaired ¢ The days of drifted suow and the consequent slush and mud have for a time gone past; but the days of street nuisances have not disappeared with the advent of warm weather. The Fifth is the only avenue through which the up town proprietors gf handsomo equipages and valuable teams can enjoy an afternoon drive to the Park, without baving to contest the roadway with up and down town cars; but oven this splendid thoroughfare cannot be driven over without con- siderable inconvenionce and unpleasantness, to say nothing of danger. Tho carriage way in several te made Place of deposit for large quantities tmate- rials to be employed im tho erection of new buildings, and in other places it is so full of ruts and holes as to mako passage along it as uncom/‘ortable as in many nar- Tow down town streets. Botweon Forty-fifth and iy sixth streets half the road is encumbered by a collection of bricks, mortar and other building materiais, and near Fortieth street, where some new residences are being built, the nuisance is almost as It needless to say that these accumulations present a con- siderable impediment to traffic. In the latter part of the afternoon the carriago way is not found to be too wide even without such obstructions as these misoelia- neous collections present, In addition to these sid- erable inconvenience and danger is caused by the large number of holes which have been allowed to remain un- filled in.different parts of tho avenue, Along the whole distance, from about Thirticth to Fifty-sixth street, the pavement is in the most uneven condi- tion, and near Thirty-sixth street it is quite unsafe for passage. At this point there is a rut of some twenty-four feet in len; with a depth in.some places of nearly two feet, and a little lower down 1s another hole running across quite twelve feet in length, The footpaths wich cross the aven' dated condition; the stones in; some ea have not been laid close to one another, and the dry wind of the last few Gays has removed the soll which filled the ton interstices, foot in width, and of varying depth. This state of 2 a a Fred Gn a time, mo there is no any’ ing done to repair vements. Ttemost prorg the duty of some one to ved that these Dnufsauces are removed, so that the residents in this aristocratie avenue may pass to and from mansions with some degree of comfort and safety. YACHTING, F pend the New Orleans Daily Picayune, April 10.] @ yaohting season is near at hand, but so far we have not heard of any preparation for the attractive sight than a fleet of smart, clean, trim yachts, with thelr d swelling sails, cleaving thro ooking ta the distance like a earnestly contest for victory § Coroner’s Inquest en the Late Jobe @. Myers—The Examination Net Yet Com- picted, &c. Coroner Gover yesterday morning empanelled @ jury and held an inquest at Bellevue Hospital over the body of John G. Myers, who was fuund dead on Sunday at Lovojoy’s Hotel in this city, and who had received injuries about. the head in an affray with several parties ‘on the day before at the saloon on the corner of Cedar street and Broadway. The principal object of inquiry is to ascertain whother the deceased came to his death by the injuries received, or frem an affection of the heart, as revealed in the post-mortem examination, The following are the facts as far as elicited:— ‘TESTIMONY OF JOMN BEDDSEKER. John Beddecker, sworn—I live at No, 238 Rivington street, and am employed by Mr. Schwartz asa bartender at bis saloon at No, 185 Broadway; have known de- ceased by sight about a year; he came to the saloon at about half-past one o'clock on Saturday afternoon; he was intoxicated and noisy; not being able to quiet him Mr. Schwartz was going bye ond him out; deceased then went out but returned t half-past five o'clock ; he was alll intoxicated, but. at last he took a seat and kept quiet; while he was sitting on the chair he sud- denly felt over upon the floor; some men present laughed at him; deceased got up and ging te nother bar- keeper asked him what he hed at; at the same time hit the barkeeper; deceased then went up to a man named Robert Stacey and shook his fist in his face; Btacey told deceased he was very much iusulted; another man named Ryan told Stacey not to mind deceased as be was an old man then strack Ryan, which started his nose bleeding; both Stacey and Ryan then went out; both Stacey and Ryan ‘hen went at deceased and’ ho was knocked down; soime'of us went to the as- sistande of deceased and got bim up, and wero in the act of taking bim to the street when both these men at- tacked him again, and kno:ked'him down; after he fell Biacey kioked kim; I think m the face; wo got these men Off, washed’ deceased, and @ friend of his took him away, . TESTIMONY OF FREDERICK DIRKMAN. Frederick Diekman sworn—Reside at No. 9 Frank- fort street; am a barkeop-r in the employ of Schwartz; was present on Saturday when Myers was asknuitod; could corroborate the statement of last witness, but knew nothing more; when the deceased feil from his chair we laughed; he asked us why we laughed, and came up and strack me in the left eye; it was not a very heavy blow; did not return the biow, and went back behind the bar; in the figut with Stacey and Ryan deceased struggled with one of them; when they separated he went to the dvor and they followed bim; when near the door be turned round again and was going to ght again, but fell down tpon the floor; Stacey and Ryan then kicked at him with thelr fect; think both of them kicked at bit; they hit him round the eye and: on the fac; they only kicked bim two or three Umes; we picked bim up and washed him; Mr, Calloway, his frend, came shoruly aiterwards and took bim to the hotel. TESTIMONY OP JOIN DSMPSBY. John Dempsey, eworn—Reside at Staten Island; am a cotton sampl r; Went into Schavar'z’s saloon op Savurday last, between five and six o'civek, wilh my brother Stacey and Ryan; we went up to the bar and had a drink ; was sianding at’ th: bar when dec-ased tel; we all laughed; be fell just asa dranken man wou'd, in a comic sort of Way; bo Was angry when he got up; he came over fo Where we were and hit Stacey in {be lage; Stacey said, 2 have ton to knock you down,’ of some- thing fo that effect; I said, “Sion’t hit bim, as he ts an old man,” and he said “1 won't,” avd walked away ; de- ceased Walked after him; 1 turned round to the bar and bad my back (othem; I shoruly after went out wiih my brother; saw nothing more of the ditliculty, TRTIMONY OF SAMUEL B. CALLOWAY. Samuel E, Calloway aWorn—Reside in Qravge county; had known deceased and been é:npioyed by him several ; met him on Saturday morning at nine o'clock; alked up to Schwartz's aad I left bim theretat balt- past ten; he was then sobor; I promised to meet himwt Schwartz's m two hours’ time; about twel-e o'ciock jh wartz's, and we came out; we stopped in at on’s about an hour; left him agam at ho was p riety sober at that timo; I re- turned to Schwartz's and?found deceased with some friends, Messrs. Beales, Hinckley, McElroy and Smith Parkes; remained there an" hour and a ha‘f; went ‘out to Lovejoy’s to seo a gentie- maa for about three quariers of an hour; returned again to Schwartz's; found deceased in tue wastroom; Mr, Delano was washing his head; I the napkin aud washed lim and Delano wen: away; his right eye was very much swollen; I asked Mr, Myers how be had got hart; be said four or five men tad got at Limvand kicked bim; 1 inquired of the bartenders who the parties wore, and thoy said —— not know; I took Mr. biyers to Lovejoy’s, but wi to stop by the way for about twenty minutes; whon we got to ¥ joy’s we put him to bed; he seemed to have a pain in his chesi; about two or three: ago he was troubled in the saine way; saw nim again at ten o'clock; did. not know he was doad until afteracon, THE MEDICAL TRTIMONY. John Beech, M. D., being duly sworn, says:—I have made @ post-mortem examination of the of de- ceased now lying at the Morgue; thero was genevai tumi- fication of head and face, with ecchymosises around both eyes, two abrasions over the of the the same belog broken; also an abrasion over the right cheek bone, another near the left eye, and extensive contusions above; there were five abrasions on the left knee, three on the right knee apd @ contusion about four inches long over the aaterior-part of the JJjeft tibia; under the the iver was futy, Kida eye gra snulated, ontt hypertre: @ liver was futty, kidn 1 \y periro- fled and weighing one erkk anda half. Tne cause of death was tlis disease of the beart excited by the in- Juries received. The case was thon adjourned until Thursday morning next at ten o'clock. BOLD OUTRAGE IN MIDDAY. A Principal a School Brutally Aesauited— Alleged Attempt at Highway Rebbery. ‘The monotony of the business at the Esscx Market Police Court, where for some considerable time past the attention of the presiding justice and clerks has been mostly engaged in the fining and committing unfortunate “bummers”’ or disorderly characters, the “hearing and determining” mattcrs of assault and battery of various degrees, and investigating charges of alleged violations of the Excise law, preferred by ambitious officers against caroless liquor dealers, all of which were numerous enough, was relieved yesterday afternoon by the appear- shee. in court of two individuals inked together “with hooks of steel,’’ bearing in their faces strongly marked evidences of the existence of bad passions uncontrolled, brutal instincts and generai depravity. The unusual spectacle, notwithstand.og the extraordi- nary vigilance of the Metropolitan police, of detected Criminais in the hands of tue authorities caused quite an excitement as in charge of the officers these two men were brought through the streets, and as a consequence poe & crowd tollowed them, escorting them to the joorway of the court house. The names of the prisoners are Jozopi Jobneon and George Murray. The particu ars of the crime with which they stood charged, which, if true, give tt a character for daring not easily excelied, are thus related by the complainants against them :— Alpneus D, Dubois, residing at the cornér of Fitteenth street and Fourth avenue, ts the principal of school No, 86, situated in Ninth street, between avenue C and D; about tweive o'clock yesterday, just ashe was entering ‘the school house, he was, it is said, axsauited by the oy Pe a a —— _ over the head oe tet ,of wood, cutting him very severely, an eapel the blood to flow freely, Mr. Dubois. grappled with ni when a sbort struggle ensued, in the course of which the man Johnson received a tow marks upon the face, while he, Mz. Dubois, received still eater injuries. btless alarmed at the noise caused the ecultie, the assailant threw off his victim, and not deeming it safe to go out into the street, proceeded up stairs with the intention of seeking some other means of ress and escaj When part way up he was met by the assistant principal, who, baving heard a disturb- ‘ance below, was on his way to inquire its cause. Not being abl account satisfactorily for his appearance there, be was seized by this feaeman, who, keeping him in custody, continued on his way to the ball at the foot of the stairs, where Mr. Dubois lay bleeding, A of Leys to 900, which Mr, had that ne for the payment of salaries and which doubt. jess furnished the motive for the brutal attack, as there es * ehim. This SALES OF REAL ESTATE, By, Muller, pt through tn nee en dies Se ra te os _FBa tuner. Trotting at the Fashion Ceurve—The Opentag ‘2 Day of the Season, Ko. The inauguration of the trotting season was celebrated ter 58; wind south. Mon train, clear, | dyke, the pool auctioneer, began his business, an¢ Dolly arm Mernoon and evening, vor” Say and WRG. ‘wastthe favorite im the first trot, selling for more than joi eo ae oe rare | the other two together. Outside betting ranged with Dolly against the field at ten to seven before the scoring commenced. After scoring's few times, and when they were pretty close together, and the judges were on the point of giving the word, e crash was heard and tt wasdis- covered that the axle of the sulky of Lady Marcetine had broken and her driver was sinking to the cartb, holdmg fest to the reins and pulling the mare with alt his might, He sacceeded in stopping her at the moment. No further trouble ensued from the accidemt, and another sulky was ti p regular semi- | being on hand they soon after came up for the word; Pe ear contractor James | not the judges mot having their watches in readiness te time them, they started without orders, and went the mile out, Dolly coming in first by several lengths, the others having run neariy,the whole distance, with the bids for opening streets and sewers, absence of the Comptrolier “an but in the absence | evident intention of pumping the favorite out atid mink Saturday next, at twelve o'clook, ig Sea sthin neume.neeee pi lyre —— Tur Steawsmp Grear Easreny.—The ‘big ship’’ con- we inning the mney wiindr sbet from ihe stinued to attract the attention of sizht seekers yester. othersthen went the strotoh, and com~ day. From morning till dusk large parties of spectators up wide and side, She jodge gare nent Ceres F do tug boats, row boats and other around ‘cart Unt ‘het driver, wr. Xho vessel, admiring its gigantic eae ok protessional, Joho Tati mn its seagoing lities, ing 01 qual mitted on. ‘The vessel Ven and at the quarter — they wore far as Sandy Hook, thas affordi an seconds, Opportunity to all. thovp who have leleure’to seo her | Bota in forty-five seeonda, the driver re under. way. During the stay of the Groat Eastern im ‘break, but being a pretty good runner rt the consignees and agents have been liberal in the eatowal of Iroe tickets to the pubilo, and only coased issuing them whon it became absoit pettledsto backztretch, iutely necessary to | ciosed ually d& the preraresthe ship for ses, Grithin three lengths of the mafe at the ulf-mile pole Roy Over.—On complaint of John Wellerte, Jamea.A. | Time 1:80, Both trotted steadily along the Flushing en@ McGeehan was arrested and brought before Justice Dodge, at the Jeferson Market Police Court, charged ‘with having, while driving a truck laden with grain, knocked down a boy named Murphy, the wheel of the Wagon passing over the boy's hund, causing him gerion= injuries, Tho accused was held to answer. Distiuuerins Smizep.—The following seizures made by Revenue Inspectors Jewett and Craig were reported yesterday at the office of United States District Attorney Tracey :—T. W. Fogler's distillery at 178 East Twenty- seventh street, New York. The seizure was made on the ground that three basrels of spirits had been re- moved from the distillery proper toa place other than bonded warehouse, Also another distiliery at 270 West Forty-ninth street, New York, the seizure having been made on the ground of alleged false entries upon the books of the establishment. ‘Tue Case or Henry Hennina.—Yesterday morning Henry Henning, the German who was so murderously assaulted by thieves at his store, 501 Broome street, about twelve o’clock om the night of Wednesday last, dicd in the New York Hospital from the effects of the violence received. The desperate thieves, it will be remembered, strack Mr. Henning across the forehead wich acart rung, knocking him iusensible to the floor, after wich they rifled his pockets of $200 in cash, and escaped Without being discovered. Coroner Wildey bas been notified to hold an inquest on the body, but be concluded to postpone the investigation for a day or until near the three-quarter pole, when they both broke ‘Up together, and as thoy pass:d the three-quarter pole the mare led two lengths. Whalebone afterwards broke BRadt‘op tgurtengths, is extly three mincons . by four len: exac . Seoma Heat fen "10 five was then wagered on the mare, with considerable sums being posted, the friends of Lovett belioving that he had taken the stareh some- ‘what out of Dolly by his mancenvres on the false start ‘The horses had an even sent-off, Dolly drawing away om the turnva length c! She then broke up, and they wore side by side for Ls yards) fhe mare then broke a socond time, Whalebone following suit, but managing to pass the quarter pole on @& ran two lengths in front, in forty-five seconds, ‘the mare broke up twice on the backstreich, Mr. Hasiess seeming to have lostall control of her, and Whalebone the half-mile pole three ahead, in 1:30, joth borses broke up on the Flushing end, Whalebone still leading two lengths to the three-quarter pole, Om the homestretch the mare trotted steadily, and closed up nicely until within a few lengths of the stand, where she Jay nose and nose with her opponent, Her excita- bie driver, however, could not let well Sncngs sneey but mast urge herto a break, and Wit ne her over the score a length, the later being on @ run at the m t. Time, three minutes. 7 ‘Heat,—the driver of the mare then bet Dr, $160 even that he would win the race, and others in w.th smaller sums on the result at even. had a good send-oil, but before they reached the Whalebone broke up and Lovett let him “i a and when he brought him down he was a It Dolly closed on him around the turn, and at Bip se i two, a! least. par . pole they were hoad and head. Going down the backs, Nor A Counrrymax.—Mr. C. R. Schatz, who had his pe i up hint wae ow pire or ; a Pocket picked a few days ago of a valuable watch, and | Coie’ qe mare, however, had the best of is who was represented in the published accouats of the | and was three lengths in front at the half-mile affair as a “countryman,” denies the allegation~and says | pole. On the backstretch be has always res ded in this city, and Hosoravty Discnaraep.—Domunik Heenly, rosiding at No, 94 Oliver street, and who was arrested a short time ago on acharge of rape preferred by Sophia Connol! was honorably discharged by the Grawd com es Accipayt aT Sta.—Henry Hanscom, a seaman on board the sbip Calhoun, while at.sca, fell from aloft and received a contusion of the skuli. On his arrival at this Port yesterday be was conveyed to the New York Hos- Pp fi Ff kr cE NAVAL INTELLIGENCE. ADMIRAL FARRAGUT'S FLAGSETP, About as near as it can be ascertained, the following are the principal officers of the flagship Frank: Admiral, BD. G) Farragut, commanding European Squad- ron; Captaim, A. M Pennock, commanding flagship; Fleet captain, Wm. E. Leroy; Commander J. W, Shirk, ordnance officer of the fleet; Licutsnant-commander E, C. Potter, executive officer of the ship; Lieutenant- commander Augustus P. Cooke, navigation officer; Joha W. Moore, fleet onginver; Jobn 0. Bradt fleet le master; J. M. Fol, ficet surgeon. his wil eames dale ®@change in this vicinity, and will develop « variety of claimants for the shore stations vacated, Captains Rodgers, Parker, Almy and Worden have boen spoken of as relieving Captain neck, but the first and second decine; the third is not available, beimg away on the Brazil station, and as to the fourth, his health is euch that he will have to avoid all excitement and remain wpon leave of absence until recruited. manders Braine, Jovett and Harmony going out to the Europeon squadron does not thus far develop into facta. The fist named officer has been heard to say'that he never had any expectations of the kind. Gunner A. F. ‘Thompson, now on erdnance duty at the Navy Yard, goos as gunner of the Franklin. APPEARANCE OF THR NAVY YARD, Now that lovely spring {s putting on her Fenian man- tle, the officers of the yard appear to unite in doing all in their power to beautify the yard. Young troes are being set out upon the dil paths and others are re- moved, being objectionable on account of their proximity to the walls and affording to many facilities for scaling them. The strict economy which prevails bids fair to Jet the beautiful garden at the Admiral’s house go to waste, there being uo provisions for a gardener to culti- vate it, and this officer's pay does not enable him to em- bon sighted 5o5 5 off LH FERRE rr. EF Boud’s Musketeor, 6 years, ploy one. Is not this economy of the LIFE SAVING APPARATUS. \ powers that bo? ‘THR STORR SIP MEMPHIS, Another Meet f the Commission—Testing Tho Memphis will sail about the 25th of this month. of Safety Valves, &c. , Her boilers need extensive and upon her return |’ The government commission appointed to oxaming: repairs, she will probably be laid up (or that purpose. HOARD OF RXAMINATION, A board of officers has been convened at the Nay Yard composed of the following :—Rear Admirals 8. the various inventions for saving life that might be submitted to them held another meeting yes. terday at the rooms of the Underwriters, (a Stringham, George F..Pearson and Charles H. Bell—the: are toexathine into tho qualifications of Captains Golds | Wall. street, from whence they “immediately” eés cee eek dtina ae to the grade of com- | journed to 187 Cherry street, where a boiler was with steam up to test a number of ‘ ag jal Rk» safety valves of various kinds, firet test made was Acting Volunteer Lieutenant Belden has ed for | on ‘Chicago valve, The guage was set to blow ofiab duty, anid will assume command of the United States | io, ‘It blew off at 106 receded at 92. This was with pp ng TB | apes the page rel from | the case off The next trial was with the case.on, ‘Ther MmModiore low is reported om the Gulf squadron, and the Norih Atlantic and Guit | Scare was set a8 before at 109, and it blew off at B86y:» consolidated under Rear Admiral e ‘almer. pi EY Posty: igh bp bade erry ‘MISCELLANEOUS. The Portsmouth and Saratoga will be ready to go in commission May 1. ‘The Receiving ship Vormont has now about eight hun- dred men on board. The Massachusetts, which should have sailed on the 1th, was detained to take She also waited for which did not arrive until that date, Ph x Sp W. J, Squiers went down in charge of the ines, A court of inquiry has been ordered to meet in the Jere noen cobemnine Tap Voss As yet the dbject of same has not sired. night at eight o'clock, met with an accident when three wri well, vale, miles below Catskill on her, way down to New York, ‘The United States steamer Mohongo was to have left | The waiking-beam of the emgine broke at about eleven Sceb touching st all the principal porsa,” The Saginaw | ©c}0ck, andi t had not been 80 soon discovered one of was fo have relieved her. | the shafis atiached to the beam, and weighing several ‘The United States steamer Saranac sailed from San | tons, might have struck ‘through the bottom of the pope ne gle Gtalae to the ports ‘and sunk her, ‘(ho passengers, to the number The United States steamer Suwaneo was at tho San I I an Ph lle open Mp sem the hands: the boat two officers and crew. ‘The United Sistes steamer Vanderbilt wit! soon be | {ies the Dean Richa and rnsee tore wore tra Placed out of commission and laid up in ordinary. fro “the dizabled sdoamer, ‘and were carried back te ‘The United States steamer Saginaw: was still at tho San | Albany, tholr tickets being demanded and no provision Peete tloupetoer Tamancisnes errwed: ss tom | a ee to Now York oly, toe ir money. reese os Pi pilatahad bc ay St. John were. ‘on the shore and went down on the CLAIM OF SALVAGE AGAINST THE BRIG ANASTASIA, | next wala. There was no made for @ Agra to this city, and severaljof who wore wil 10 THE EDITOR OF THE HERALD, out the money only pod ‘Youk through the In your Journal of the 9th {10th] inst. Tread the be- | Kindness of comdactors on the ratrowd | ginning of the caso brought before » Brooklyn court by No, 148 Woot Seventeenth street, Now York, one W. Boorke, who puts in an absurd claim for salvage eo ° fgalont the brig Anariaia, Tk apposred singularly STATEN ISLAND. INTELLIGENCE, Fioase and lot ale Centre sircet. meat Moses? et following day the continuation of the case, aberein' Aremert At Bonotany,—Obarlea Frank, « Gorman, Hones iets fice, cat a avenue ot Sud wwhole crow of the aforesaid brig testified and expiained | mada ‘an sttempt on Sunday evening to break into the io. Bite, nar BAret 1450 Tee mae rh the Bonuabe showing that ‘of Mra Hoffman, in Tompkinsvill, He had Baguss sid bi 181 is stro, and is ‘laventions off Wiss bever tn the. window, and, Mn Regi ait oe at aie sees ea, ivpLow & record of the énd “of sald suit, pablonng 1 1S she hans Dee aye deat + teen > “ co aed '