The New York Herald Newspaper, May 15, 1867, Page 5

grove, it is an awtul place even to an unimpres- ee white man, Mambala steod in silence by the strand es entered the domains —— Oroungon dead. @ bodies are not placed below the surface of the earth, but lic shot eocendl the in ‘cefins, some of which, by their new looks det kened reeent aeivee Bot by far the greater number ors trderenns bapal = be soaps @ coffin fail- iestnaing 8 nning skeleton within, On the otlmr side were skeletons already without covers, im the dust beside Everywhere great Prospect of getting a Fan made bim very happy. A my old coats his body, of letting is admira- y i was full of birds and le would give me as Beales tbat I remained firma, relenied, and for fear that I should would so much of me succeeded in keeping at last we but ae put to death for witch- ehogo (stocks), accused of beard a im, bat could not do jumped a the rascals had killed the poor old map, I oi the T mot the “7 ny ver. crowd returning wii knive the blood ot thelr vic: gees at 3 fe ze 4 taken him out on the banks of ot their vic- Wore again as quiet as lam! cheerful as if hay had maar heard of a 4 Hy 1» iy, of his sons to , ple, two | Z it we reached a Shekiani Hy i i t i 5 i i i l i ts q He ¢ = < ot] ist 37 E = = . 4 E S 8 Ei if f é Ls 4 i 25 & be 8 Eg BBE. Z 4 3 4 5 i 5 ge i H E E [F Bi i 'e ‘Ss P 3 5 Fee Ay a Hu af | i = i i BE ! i i a z 2 z 8 | ; ut i at I E 4 if Hf 8 z § 5g i : 3 i i i t i i Hf g E if i i i | i z i 3 i i Bud (3 i i ? z a F i i i Ertize iff rt i iB Hd i if; { 83 FY é “hair if 3 f j F i t i z E u z oe Z M4 h i i i z g E fi i ig a il tag itt ins fitet i i : I £2 35 ii a! £ 5 4 = Be 2 ' is F a5 ie EH ‘cemetery fe the H i i E é 3 é z Ht at West. The population of Africa has never been so dense as to fill up that iv. mense tract migrated, ap 4 were lost to Fyre =) Cry ‘ighemea, and fae Sobmege them oul knowing ie country m8 v.a ihe aiterent trives “uber, Av more tact with each ference decrease of the population; and here voice in defence being the cause of the he settle, T admit that but Talso aver that the i down to ng. others had a few only left. the same that he fereapabio, of roach cay ing the fact, that he will become a white man ever, do not agree with elther of these Neve the negro may become a more useful member of bumanity than he is at present, and that he can be raised to a higher standard; although, if left to himself, he . We have no exam- Although a people may be taught tho arte and sciences bya nation more gifted than they, still, unless they have the power of pie, atall events, to tho contrary. must a ion in themselves the: e uncivilized nations, the n ties that ci lower races, and will finally disappear, doubt. ss i POLICE INTELLIGENCE. ARREST OF 4¥ ALLSGED Narorious Gang oF BURGLAR’, — The Heratp of yesterday eontains an daring attempt made by a gang of enter various residences in the Ninth pose of robbing them. Yesterday officers Brennan and ‘Hill, of the Ninth precinct, appeared before Justice Dodge, having in company five of The statemeat of the officers goes to evening of the 13th inst, a girl named Ann McGuire came into the station house and gave information that & number of men were endea' to into some residences in West Eleventh street. Brennan and Hill escorted the girl, and found that the men had left, but subsequently traced them to No. 330 efan powerful enough, of the white man, who js accused of decrease of the blacks wherever this is the case to some oxtent ; in the population of the mogroes in Equatoral Africa had slowly commeuced before the white man ever came; and the white man in comi but cannvt stop it, Populous villages an: at a second visit had visibly diminished. Now, there the white man had not pene- clans which were composed within the memory of living individuals had dwindled Some had entirely I am not the only one who has noticed this decrease; other travellers have noticed and wondered at it. may be our sympathy, there is no doubt that primitive man, or rather the least gifted tribes of mankind, must mer state. Of all the legro bas been found the most tractable and docile, and he bas a number of good quali- in a measure for his bad ones, ought therefore to be kind to him and elovate him. That he will follow in the course of time the example of other THE COURTS UNITED STATES CIRCUIT COURT. The Extradition Case ef Philip Hetnrich— Ms for a Writ of Habeas Corpue—Argu- Counsel. Before Judge Shipman, Inthe Matter of the Application of Philip Heinri Sora Writ of Habeas Corpus,—The applicant in this case ig charged with being a fugitive from justice from the Kingdom of Prussia, where, as alleged, in the city of Cologne, in that kingdom, he committed several for- geries in bis capacity as seoretary to the Rhenish Rail- road Company, the sum alleged to have been drawa on such forgeries amounting to 8,000 thalers. The examination of the prisoner, on the application of the Prussian Consul General for his rendition to the Prussian authorities, underfthe extradition treaty exist- ing between the United States and Prussia, occupied a considerable time before Commissioner White, and re- sulted in the Commissioner issuing his certificate as to the sufficiency of the evidence to warrant the extradi- ion of the accused to Prussia on the charges preferred. ‘The case is brought {nto the Circuit Court on a motion fora writ of habeas corpus, and yesterday argument was heard on the part of the Prussian government to of country. Tribes im the he ry Important Question Receipt Not Having a U Aflixed. —On th Packages of merchandise, valued at ‘ . NEW YORK HERALD, WEDNESDAY, MAY 15, 1867.—-TRIPLE SHEET. up the proceedings; but the question here is, | the pao the law bas been formally Salgiied with. Loo! nle—We your Honor to go iuto the evi+ degen ont nee if there is sufficient evidence to hold him. then closed his argument. Mr, replied. He said there were high con- sidorations involved ia this case—considerations between 4 tmngoraeaceen's: that both sbouid, without regard to tech: i, deliver to justice such criminals as flee from the territory of one to the territory of the other, It was with a view on the part of the Prussian govern- ment that the administration of justice should be ob- served that it was demanded of this government the rendition of Henrich, whose guilt has been established before the Commissioner—so established as to give Tea~ son to believe that if the offence had been committed here it would warrant the prisoner’s apprebension and pommitment. Mr. Lapsugh appeated to the Court for ‘an early decision in the case, Co ay og said there were questions of law in- volved in the case which he desired to examine more thoroughly than he at first thought would be necessary, He would like to have the questions continually arising in these extradition casos sei at rest, ana as Judge Nel- son will be in town in a few days he would consult him, and have his authority endorsing wha:ever decision the Gourt would lay down in the matter, In this way only could the embarrassments which foreign governments are put to in these cases be avoided in the future, The Court reserved its opinion tii] Monday next, ‘SUPREME COURT—CHAMBERS, The Peraando Wood Lease—Argument ie Metion te Vacate the Peremptory Writ of Mandamus. Before Jadge Sutherland, conditions upon which the contract ‘at the steady limiting the liabillty to $50, let me raise my United of many people the Court, e disappeared, and The ap ants now contend that the Whatever to declare the receipt to be invalid for the prisoner, his arrest, examination, and the decision arrived at by the Commissioner, Mr. Weble inqnirea of the Court if the affirmative did not rest with him to open the case in behalf of the motion, Indge Shipman said in all cases where a man was under arrest cou would be entitled toa motion fora writ of habeas corpus; counsel comes here to show cause why it should not issue, and therefore the affirma- tive was with the opposing counsel, Mr. Lapaugh, | Mi Weblo would have opportunity to traverse all the n¢ facts that may be set up in counsel’s return. Mr. Lapaugh then proceeded to address the Court, taking the ground that no jurisdiction was vested in it over the case at tssue, but that the examination into the same had been bad strictly in conformity with the mode provided by the convention for the mutual delivery of criminals and fugitives from justice in certain cases, concluded between Prussia and the United States, on the 16th of June, 1862; and according to the treaty and the act of Congress giving effect to said treaty, neither the judge nor commissioner acts in extradition proceedings by virtue of any right or power invested or given as a judse or commissioner mandamus is that the paper served on us is without any seal, or without any “‘L. 8." or any other indication that it ever had any seal, In the second place, a writ of this character must issue out of a court having the requisite jurisdiction, It ts impossible to say from what ‘court thie writ proceeds, One George G. Barnard, aud ‘No one else, calls upon us in this wntto stand and de- liver. I repeat, tbis paper does not purport to have been ed ont of the Supreme Court. The court and the court. sitting at Chambers, or elsewhere, bavo certain defined. powers, and no other power. If the attempts to act beyond these he 13 powerless, ‘This writ headed “The people Of the State of New York.’” Bu! the people never speak through an individaal; they speak, if at all, through = court, The writ goes on to say, however, ‘I, George G. Barnard, do hereby command,” &c. [assert that this paper is destitute of every clement of a writ; itisa mere Chamber order of the Jude and nothing moro; and a judge has no jurisdiction to make a writ of man- damus in that manner, Mr. Williams also objected to of the same article (article 8, section in time. I, how- inions. I be- into exeeution the power, Case argue invariably relapse Degree. is Before Judge Miller. We Thave very little utmost interest appeared to be felt in case, laws which shail be necessary and proj tion of the Prisoner of Musder “aa Hugh Reaney; for the defendants, F. ma SUPREME COURT—GENERAL TERM. Validity of a States Stamp [Before Judges Leonard, Ingraham and Smith] Abraham De Barre, et al. Respondents, vs, Johnson Livingston, President Hope Express Company, Appellant, 25th of July, 1865, plaintiffs shipped two 148, Defendants recetpted therefor in the usual manner, expressing the was made, and The packages were lost, and plaintiffs instituted an action for the recovery of the ‘value of the property, and the defendants offered to allow judgment far the amount of liability stipulated in the eee, Befendante offered the receipt in evidence, and the Intiffe objected to its introduction on the ground that it was invalidated, through not having a five cent States Revenue Stamp aflixed, as provided by the acts of cones, The Court sustained the objection, and exch the receipt ag evidence. A verdict was rendered for the plaintiff for the tull amount, and fendanta appeal upon exceptions taken te the ruling of acts of Congress “to provide internal revenue,” &c., did not require the stamping of the receipt; that the same was not invali- dated for want of a stamp; that Congress had no power want of a stamp and that so much of section 158 as so amended, pur- disappear before the hi intellect, This is uot meral: show why such writ should not issue, and on the part of 4 a theory, but a fact. re are many canses to oan! the defendant in support of the motion for the writ. The People ex rel, Fernando Wood vs, Richard B. Breen tee nr me ET iy ee _ res apmen pour bdibaag Pay: tm iy derplgeties mare The court opened at nine o'clock, when the case was | Connolly, Comptroller. —Tho argument in this cage, on the pop tt was bay that the objection to a ee of eg pe great antiquity, although | ®t once proceeded with, mollon to yaoate the peremptory writ of mandamus di-.| (pa /thOlbs Jo wus'en egrsement whieh ebonld wave had they have remained stationary without progressing in The Prussian government was represented by the | recting the Comptroller to execute the lease of Fernando | affixed to it arevenue stamp duly cancelled. ‘A re- lig! tent Saree. ‘The working of tron, considering the | Prussian Consul General, Baron Von Grabow, and by | Waod’s building in Nassau street, took place before this | ceipt, connected with and duly qualified by an agree- very primitive way in which the work is dene, and how 2 rt ment contained in the same instrament cannot be read easy it is to find the ore, must have been known to them } Mr. Hoary, De fh, counsel. The accused was repre- | cou 2 ase receipt without an agreement stamp.” It cannot fon Par Fomotent time. To them, Bowever, bas ie aR Me by his Sey er Mr. boat a Lie in | Mt’ LT, Williams, in moving to set aside the writ, | be read in evidence, cannot receivo any legal operation, nown the ages of stone and bronze. to , Lapaugh wtated: relizalaary setion B capabilities, I think extreme views have prevailed | the matter, adverting to the charges preferred against siren rgb les, iagengenlasfinedind pela) Dee Satie Gintama: cathe. ti a impose duties, to collect revenue, and by the provisions 17) to make all r for carrying and submitted ; decision reserved. For the appellants, Clareace A. Seward; for the respondent, H. Morrison. COURT OF OYER AND TERMINER, ‘The trial of Anthony Mahn for the alleged murder of Stephen 8. Carland on the 8ist of March, in this city, was resumed yesterday morning at half- The court room was very much crowded, and the ‘past ten o'clock. the result of the merely, or: by reason of any jadicial character with | the absence of the attest and return to the writ. Mr. Gunning S. Bedford, vr,, Assistant District Attor- which he is clothed, in the ordinary acceptation of that | | Judge Allen, appearing for tho relator, replied as fol- | 14. conducted the prosecution on the ot ti term; bat he acts in'such cases only under and by virtue | lows:—Novw, sir, the argumont of my friend has been vs p roe part be account of a most | of his being specially assigned and appointed to do so. | totally addressed to matters which are mere matters of | people and the prisoner was defended by ex-Judge ‘sneak thieves to | In other words, only under and within the jurisdiction | regularity. He has read « paper here which he bas | stuart, termed a writ of mandamus, and in which, after the mandatory clause, there is another clause which may be regarded as surplusage by Judze Barnard. This latter clause may, I suppose, be stricken out entirely, and still the writ mandatory upon Connolly be left valid. The counsel on the otber side said the papers handed to them had no'seal.” It is possible that it was so, although there is no evidence of the fact; but I hold that the omission was of no material {mportance, I bold in my hand the original writ, with the seal of the Court at- tached to it, and as the clerk of the court is the custo- dian of the seal, I sappose he {s responsible for 1ts cor- rectness, Again, thé counsel on the other side has said and authority vested in bim by the treaty and the acts of Con; fore mentioned, aud not otherwise. The application in this case is made by the supreme political authority of Prussia upon the supreme political authority of the United States, and the proceedings to bring about the extradition of ‘the party cla¥tmed having been in strict conformity with the treaty, there 1s no power, jurisdiction or authority in any judicial tribunal to issue a writ of habeas corpus or certiorari to review such pre- ceedings. And further, it was never contemplated by the framers of the treaty that the judge, or magistrate or commissioner who examined into the criminality of the accused should be prevented by another judge, magis- ward for the pur- Dr. Wooster Beach was called to the desperadoes. show that on the In reply to Judge Stuart Dr. Beach found upon the prisoner, This was the cage on the part of the force an entrance dence was called for the defence, Officers prisoner. the stand. He deposed as to the nature of the wounds inflicted on he Neat and stated that those wounds caused his stated that the wounds could not have been inflicted with the knife people. No evi- ‘SUMMING UP FOR THE DEFENCE, Judge Stuart then summed up the evidence for tho « iy trate or commissioner from performing his duties there- | that it lacks the attest and the proper roturo, Those SUMMING UP ON THE PART OF THE PROPLE. to Do 2 eg» Mg le standing va be | on, ae pointed out and required of lam by the treaty. | fe tere matters of irregularity to be referred to in the | Mr. Gunning S. Bedford, Jr., Assistant District Attor- be heard @ sound as if one of the three men who | Exclusive jurisdiction is given in this matter to the | BOtice, because the writ being founded upon a | ney, summed up the case on behalf the people, as tol- stood there was trying to open the door. At this mo- | United States Commissioner, and this Conrt cannot go | Proper order, there is no affidavit or allegation | lows: ment another gang came up the street, and ata given | behind the finding of any tribunal having this exclusive | anywhere showing that it was not ued | May irrrease tHe Covert, GENTLeMeN OF THR JuRY:— signal trom them those on the stoop came down, and | jurisdiction for the purposo o: reviewing the facts. by Jadge in Chambers and not in Court. | You have listened with deep attention to the remarks of the officers, tearing that the men meant to seized hold of two of the party One of the officers succeeded station house. (Due Wheeler, however, getting Dugan to the The Court—I would make this suggestion as it seems to be a little pertinent. There wasan affidavit presented to me when I gave the order that this paper was made ez part: without notice, I could not avoid taking notice ‘Counsel then quoted various anthorities in support of my learned friend, who is propositions, and covtinued.) Counsel on the other side misconceives tho effect of the commitment in this case. The commitment of the accused ia this case is a and Wheeler). He’ bas spoken in language which you broke ivose, but indeed, exhibited an earn- est, heart-felt interest in behalf of his unhappy client. cannot but feel; and if you could fora moment suffer your minds to be very different from the commitment of a party by | of the fact that the mandamus was taken on tho Monday | movod by his ardent appeal to your sympathies, there is i ich Torr i Sova Kongs omen pis the’ Commissioner in your, Honor’s court for a | after I began sitting in Chambers, BOL Thus ware: ou0 at pou Whe wicks wer Pei te ae was red inastable, On arriving at the station | crime over which your Honor has full and complete Judge Allen—The attest is on Monday. wretched prisoner, “Go, young man, and sin house it was discovered that three others of jurisdiction. The act which allows ‘the writ of ‘The Court—The presumption is that it was made when | no more.” But, gentlemen, as I stated to you arrested, quarreiling among themselves, by’ habeas to be issued prescribes the cases in which | it was dated, It is nota regular attest, As it is made | in my opening, sympathy for the unfortunate of another The prisoners bave been identi it be issued, provided the party fs committed for | since I came here I cannot avoid seeing that it was not | is ono thing, the sacred demands of justice quite as “belon, to a gang of trial in # Court of the United States Now, this ts | made in Chambers. I was holding ( hambers on that day, | another. ou, gentlemen, are pinced in the some of ° entirely a different case, Here the court of stself hasno | 8nd not Judge Barnard. There was an affidavit that it | trial of this case in a very peouliar position. Your con- te fron whom he received a pistol shot, the will carry made ez parte and without notice. Tbe presump- tion was, from that affidavit and the writ itself, that Mt was made out of court. If it was made at the Circuit I must say judges have to observe their regulations for jariediction whatever over the crime. Neither the sciences are deeply and emphatt: United States Court or any other court ‘ives, mor can it have any jurisdiction to commit for trial in'any of the tribunals Dr. Mott, this case accordi in the country from which he fled. And although lly involved in the consideration of the details of this murder, each and all of you sworn before your God to judge of to the evidence which has been You have mark of which he to ‘grave, ‘of the country fugitives from jastice from pre- cin names Wheeler alas Thom another country, Tbe proceedings in the matier of the | the performance of thelr duties, and if I should tasue a | sented to you. it be necessary for me to allude to alias Kale Ganaioan Sola Kerrigte aie Waser et [eatraduion of fugitives from justice, from. foreign | Weit of mandamus at the Cirovit L sould call it e2 parte, | that evidence, constituting ag It docs a consolidated and Wiiham Clarke, William ire; Charies Dagan | Countries is mainly, if not altogether, of a ministerial although I might be ho'ding Circuit Court, unbroken chain of testimony, demonstratin; and James Willi alias “The Kid.” Almira B, | Character. It is a demand made by the supreme political Judge Allea—Whether your Honor be nght in your ure, that without provocation, with ne justifi- Jolliffe, of No. 273 West Eleventh street, and William wer of Prussa upon the supreme political power of | inferences or not, there is nothing in these papers which | cation whatever, the priscoer stabs thus Gibson, of 330 West Tweifth street, also appeared and yantry for the rendition of a man charged with jo gre a legal conclusion to that effect. It does not fol- | sending him, uncalled, unprepared, in the midst of great charged. the prisoners with burglary and attempted low that a writ was issued physical anguish, to the presence of his Maker. I hold, robbery, and other thought, will come forward and make them. answer. attached to company A, Pesmanent Island, who charges the prisoner with asilver watch worth $25, from the fobef his pantaloons. The watob was secured by a guard sround Quinn's neck, and es soon as the prisoner grabbed for the timepiece he was seized by the owner and others people in the ipod vd complatais Justice Dodge commited them without bail to op, the date which it bears, Your Honor has alluded to th@fact that you were sitting in Chambers on the dato appended to this writ of man- damus, There is no dispute about that. But Judge Q it is my duty Bernard has been sitting in other courts, and the juris- nothing undone which as the prosecutiny by twelve intelligemt jurors, can scarcely gentlemen, that reference to this testimony, before be needed; but officer to ‘leave ity may serve , L venture to say that when a demand is mi diction of a Judge sitting at Special’ Term is the samo for | the ends of justice; and I, therefore, ask your byrove: politscat Rae te saoiker tah autine oe all purposes as tbat of your sitting here, It is | attention for a moments while I alt isone of # ministerial , and not at ail of a | ten but a simple question of regularity. fly to the prominent facts of this murder. character, except in so far as it is provided by The Court—You do not mean to say that a judge of | it in evidence that on the ni of the Sie statute that the judge or hearing case | ‘bis court, out of court, has a right to issue a peremp- | there were om the corner of and shall do ‘uae mosording to a | tg _ us ? cpm mytemg ngewe Bree eight pecsane, Soe decanted Tite Ue Sve ents on their r — ip the fact that the writ was so issued from the papers be- pris sar berths ng 9 ora wn fore me, men. Woe bave it in evidence an innocent, by pe Rini a) remark made by the deceased to one of his own , 1§ would be | panions, led to this cruel and wanton murder. Ceased, no doubt anxious to get home, said to his nce of that writ. | ima joking manner, “that etanding and talking to Mr. Counolly, | was worse than cat fighiing,”” The prisoner what would be my duty? Have not yeu got to show | vanced and asked if the remark had reference i He was promptly told no; that there was no &. han The Court though you were here for that van tube” txpeneiion, “te, en ead, 0 you purpose, | wi en “T cap eee any eee ead tie evideace nusiniaine ine | Judge Allen—f have an aMidavit ef Mr. Wood in thie | lick’ say” son’ of s” bitch in “the party.” is sufficient. proceedings here show that | Case, taken yesterday, whieb I will now read:— le aeesamer enter Shah tego ay the prisoner wos properly brought before the Commis. \y | what was the matter with him, stating that the Quinn, a soidier | siover, and that his examimation occupied several days, ‘matter, | and his party were bis Prisoner, as if fatal- vg | the evidence betog voluniinows, and the Commissioner , | ly bent on mischief, sald y—“I don't ask an: Parby, Bedloe’s | to whom was assigned the duty ot bearing and consider: ~ odds of you either.”” At this moment a party of Gfteen stealing from him | img the testamony, and whose duty it was to ceriify as to the sufficiency of that evidence to the execative author- ity of the United staies, made such certificate—all shows tbat areas been done fo strict conformity with the treaty the act of Cungress, All this, counsel and held till an ons, and perfect answer to the ofticer of the Fourth precinct took him in charge. Ata | application fore writ of babras corpus in the case. It a toh. Mond Di would be unjust and. improper \o @aue such a writ, and lease has been nver, lot acgac ore eat bn rondence and wine | cll ugom to greramout of Prusa to pronent ts ule | Enucwled sad devored tm parwnanc. of that orior tne | Jone bio 4 We middle of he ect, when be albed ‘on bis Way home Joba Jones and another man unknown | court for review the whole case, which occupied #0 many | city have lost nothing, for if the lease be void for fraud q arsautied him aad stole a iver watch worth Sus. beee Se Oe ae eg a eg ifthe truth was Known, with his bands is ver pocket. Fane was socured, but his gore iy or the ano Of Coanrens peaned for giving efbes ta |. nag an oak SO oye! Writ was ranted ce pare | covered with the blood ot his victim—perhaps, it may vcLaughin were vesterda: before Justice | ‘at treaty, 4 1 having been granted at his request, i is stated that Dove sa Committed to the Tombs ter inal te defeats |... On the close of Mr. Tapaugh’s argument he further | had cbuained an Oruer 18 show cause and served it og of bail. hearing in the case wavedjuurued till three o'clock in the oe x Connelly, ae TA ES en Re ates. these fellows afternoon. then the court would have Jartedicti Horst, Tuer Cavant ix tas Aot.—Yesterday afternoon | "At three o'elock, Judge Shipman being on the benéh, Mow sewe, Goaselty could be bound by thus appearing, a faces, sas ox saree the room of Mrs, Helen Robinson, now stopping at the | the case was resumed. he can certainly also bind himeelf by this voluntary re- hans a8 Astor House, was entered by moans of false keyd and Mr. L aske.! permission to presemt an addition- to Mr. Wood to institute these proceedings. bod of @ ladies silver powder tor ‘and band mirror, | * authority in support of the vows expressed by him as The Court—You have not yet showa why the writ of y Mabe, | showing caugo why the wotion of the issuance of a writ | mandamus was not made out at Chambers, , dj valued at $5. Before the thief had time to escape he | of should not be granted :—Dect- Allon—The ‘omly irregularity, and the oaly ne ‘was discovered by Mra, Robinsoo, who caused his arre.t | sion of Be. ts in the extradition case of the British out, is that it was @: without notice. of aet, heer tical eamsepeeine Ate : ‘aud we have some ete Sie searchig the prisoner, w! e done HE Darton, the swolen ‘property and thes skeleton wilt now retura ae ees were in bis possession. meke against the ne mitted Burton to the Tombs (or trial. . Mra, Robinson's pren up writ I have comment jection to the seal, Riv gag Pov Setvane Oncotedl we iy Ta4d, vale’ Court cannot reve the merits et | gerved,”-Then, agate: here te the Bojeation ta to we Avynay Burwnnx Covoneo Wowes.—Hanuah Thomp- | Adgust be . Serener served. 1; again, ‘as to the at- “justification, ona at 266 Mott street, and Lizzie Brown, both: Saaetieien: septe be, the Commmbonenes, either on the | test, We say this date oon ripe the “ a9 “ a idee ad cose aoahanen Mm Cintioe ak. | etteae uae wo tay aaes ok lon which Lizzie, drew a reser from her or ‘was no evid nee part! ‘set ith whtob She cat ner adversary & severe gasi across ‘the accdration, or if the mandate of the Presi | aside signed by such dete, for want a the Lizato was arrested by oilicer Keever of the for the arrest of the prisoner was issued without | of attest. ‘of Four.eonth precinct, and takea before Justice Dowling, | Wafrant of law, the Court will discharge him. But it Mr, O'Gorman—If the T have no inten- t who coumitied her to ths Tombs for trial. will “mot Inquire whether the corp tion of taking any bat « cireum- Cacgcrrto 4 Hone —Tiomas Goray was yesterday pomeeee Ste ace herte ~ “ine treaty. ”* bed edge edlenr bet arrested by officer Naide, of the First precinct, on the ‘Tedgu Shipman th prisoner's Couneel-cit the! aoe: of to have been that ‘of Charles Van Nostrand, living at No. 120 a aagiice, | dons bow you can prosee. Procrediag, wane die sage hy who charges the prisoner with ernelly 3 (ant onpeptienat te ee cm, Doreegention gt: "s blood, shall im return yield ap driving a horse to a dit: cart, said horee having tam, coy ert tae yet bear Food (9 the Court. Tt | nis own life, Boclety demands, apd the law, which, re- 4 ore and swollen idk sand was wholly cnt for service, | yy, Le Hy S Seay = of wisdom and. justice Juice Dowling ‘held the prisoner for trial in @ | manag thee are 2 ae ontgg deeds of - is : that the ogee mal ‘AuucED Borotary,—On the night of the. 13th inet, | issue ther write moch oe Ae tae 8 Daniel D. Brown, who resides at No. 45 Laurens street, De re 0 af wm heap will base” theie hopes of Ren securely fastened his apartinents and, In company witt falgmens of” ‘Cottmmasioner. % Whether the Court | error in this statement of Mn Wood. should be glad Samper omen ee sons his wife, went out to pay a visit, During ther absence | ma} Lae ‘On being satisfied of the in- | of an ity, by the pefmidsion of the Court, to to the whom you ec be ath eres bewi y an sil horn ny wideency > Soivceniee io of his f he’ Court I think Mr. ought to pave a wee a ‘a ” — 3 Value amounting to abont $500, were taken meray,” Frou | Propositions. - That the Trentiled to'thewe writa | chance to toply to this ailldevit...1 do not: know bow be Sod % informatien wed froin several cocu pants of tne same | unter the tho constitution of the United | material this affidavit is at present, but it may becouse sopGN’s CHAROR TO THR JURY house Brown ‘satiailed that a col man, known as | (States, | wi that ‘the of the writ | quite material in the course of bt nntonary Judge, Miller briefly charged the jury. He said the Seruvel L Davis, alias Sam Striker, and atother man, | of habeas shall not be’ unless when in Jotgp Mipne-) sete. £5 oh atavernnares fas the pas. ordiciary: interest, It in- asyet unknown, are the guilty perties. . Accordingly “3 re conntiaed that te Wenn aoa ve te. | poso of giving Mr, iy an of making ‘af the prisoner, There raphe bronght fore Jastice Dodge yeater- | quire padi seh eh) ry Ars tm Ag oe pe on condition a copy be served han that in whien « day, and commnted . ad ajourned jury box to decide upon Summer to Firs,—Mary Cannon, residing at No. 290 | "st be sinen mca Sie tpeaks | vwrive o'locks ea duce-asehee a BSm2. co. Sah East Twenty-second strect, on the night of the 18th ult. |’ Hog upon these pointe gorge me counsel was interrupted ——— avetaa och prot ain: | teft boege in company with ber litle won for the purpose by, the Orne ia . SUPERIOR COURT—TRIAL TERM—PART |. a aroge, What was murder in the of purchasing’ tome articles at a clothing establishment | 1 yas’ ary muthonty Ce reneey hare ts whether or pot evng to’ be the killing of @ hu ny authority to reviee the proceedings of the | Tew T Dollars Damages Ctnimed | vo, being withont he ty of law. where were is in Third atone, Having completed her purchases, she | officer specially dewigoated in the treaty for the execti- from Twe Rallread Companies for Personal | , fromeditated design to take life, To eatablixh mardter was returning Wome with the articles, consisting of a pont? gee Ty an Tein precively omthet | pa jnry. that it was done Doy’s jacket and pantaioons, tied up in a bundle, when she was met by a man who ebdea vored to fore the arti- Before Judge Robertson. Jane Momiry 4. the Central Park and North and Bost Deen kl toby arth fen oon | Lm ng be oe ves ae . with & tiated 10 take the jifs 0 party Tited, Ph the eued of the people vx. Clark, wtnen the learned counsel bad for the prosecu- cles from her. les and the child's cries River Rattroad Company and the Hudson River Reilroad r laid di ‘that it. madi ‘difference Brought a crow (eee chokeina veudlig ep tee sy Mi, Weble-—Hf your Honor decides what thal is #0880 | pang. —the plaititif{ naee Yor the recovery of $10,000 | we teed aSitgn bs formnsd: ab 4ne intent oF eirib tag Pectansay berore Sisstiod a. med | Take in (his ous Court, on ihe morlis, | damaxes for injorion alleged to, have. boon received on | he fatal blow or mothe becore It is enon shat te name ax Thomas A. act, | Mexpresaly sated by the Judge deliveridg the decision, | ine ist day of August, 1860, The complaint sets forth | muenton freceden th on it sioat be dave ta aiecied ® vines te i tote C.-T Se 3 not Snito the case. that on of about that date the plaintiat was a passengor . oF tre and without design to effect death. gneve esac is beer ace tel antares Mr, Weble ip periten ae ‘iat it weal a very | in one of the first named defendants’ ears, and that when | ,, Tne Jory rellred, und alter te ny ahs agnernec oe | matiog ap a sy i juatiteaivn of te ‘act, and com. ja a accused having proceeding along Teath avenue, at itm intersection with oo scheatttibataen | fpiited ihe weeesed to naswer. th ta the waive 120 crleibar homes Trion 6 SocomoUve of She Hadeon River Rail<| _ Fudge Miler hi ths prtnner would e Henvoneed ob 8 : = honest and learned 7 Cr collided , . EXPLOSION OF A POWDER MILL, make 0 mistake, ond it esi. inna, tn FS | Tench of ERICK colton the ‘PiRigttE mes’ throws trom | The court was thed adjourbed «it thie morning, pl. wrong if thenctio# of ‘fut review. | the car violemtly intd sho arsnen, epvereiy browsing mt Joa soi Pot Sn ee Ng | Pa = Ra Oa cont cama, st one thousend pounds of exploded Jesh nights tan, wad sare £0 received, fut the period of Unree wecka, aud Before Judge Russel, ‘The Jove is ewout $3,000. No person was hurt, tion, the rece, | a r-* man wus be | ie, as Ce Anjaced ; 2a ALLBORD FELONIOUS ASAULT. HAVIOATION OPEN AT BUFFALO. tar the’ Ualiad iteaesae: | cont oe © the 60 fue Arm spun diaposed of yooterdhy by, she Vly’ as Gu, 6d defontants denies aN ste) veh indicimént charging Catloe Prodjyica with © felotions Borraw, 1867. he allegations of and ral yi se aon ng setae | Snare ne nr enero une | i, hen aaa RE, ete | rr on Tver nom thn ian ibe reel aod the Fanadina shore Maas. Judee Hhinman—We have the refs v0 lesoen writ and | ani.ini.u an we former ‘Cage otis op, Fer ,, from © Dimrit court, Whery be weal in oenere an sinc boad m0 4% w 5 Sa ment of a lady from a house in Twelfth street, he wa assaulted by the defendant and stabbed in the f asword cane. The circumstances aiending the when transaction were such that bis Honor informed the jury that the wasasmueh to blame as the de. fendant, The Tendered a verdict of not guilty and the Judge the parties with a reprimand, laced om tril, ch Charles Petrie was on |, ebarged with rob. bing Joseph Levering of $70, on the 22d of April, ats drinking saloon on Tenth avenue. It appeared :tat +i complainant was drunk and into an altercation wih several parties there, and that the accused was per fectly innocent of the Assistant District Attorney Hutchings abandoned tue case, and the Jury acquitted the prisoner without icav ing their seats, BURGLARY. John Harrison, indicted for burglary tm the firat de- , pleaded guilty, to the third grade of that offence. onthe night of the 27th of April he effected an entrance joto the dwelling house of Selina Kaufmann, No. 339 Ninth avenue, but was arrested before be succeeded ip taking away any er. The City Judge sent bim to the State Prison for five years, AROKNY. L . William Wilson, who stole about $200 worth of wear- ing apparel from’ Matthew MoGrath, No, 265. Sprit street, on the 27th of April, pleaded guiity to an attem at Lome larceny, He was ret for sentence. ohn Young, who, on the 20th of April, broke into the premises of Henry H. Wilson, No. 370 Washington street, and stole $6, pleaded guilty to an attempt at burglary in the third degree, He was sent to the State Prison for two years and six months, COURT OF SPECIAL SESSIONS. Before Justices Dowling and Kelly. In this court yesterday the calendar for trial presented forty-cight different charges, classed as follows; —Misde- meanor, 1; petit larceny, 19; malicious mischief, 2; as ‘sault and battery, 18; cruelty! to animals, 2; indecent exposure, 1; picking pockets, 2; violation of the health Jaw, 1, and come other unimportant cases, and two sus pended from last court day. ASAD CASE. Mra, Cathet Stuyvesant, of No, 96 Seventh street, who has been a prisoner in the Tombs since Saturday, awaiting judgment on conviction of an assault on her mother-in-law, Susan Stuyvezant, arising out of the dis- covery of immoral conduct on the prisoner's part, was fos green again yesterday on two other charges; one by er husband, Theodore Stuyvesant, for attempt- ing provoke a breach of the peace by drawing a pistol on him; and the other by her servant Georgiana Smith for striking her in the face with ber hand These two latter were withdrawn, and on the former Justice Dowling said he would suspend judgment, provided the prisoner would promise not to jo near her husband’s house pending pee lor divorce which are now being institut She was then discharged. 4 ROUGH CITIZEN, Mike O’Bricn, of No. 87 Washington street, well known to fame and to the police, as a “hard caso,” was convicted of an assault on Ann Dougherty, by knocking her down in the street, and of another on the officer who arrested him. Judge Dowling, in passing sentence, said that he and the prisoner were well acquainted with each other for the last twelve or fifteen years and from the knowledge thus gleaned he was obliged to_sentence O’Brien on the first charge to a fine of $60 and ix months confinement in the Penitentiary, and, at the ex- piration of that term, to the same punisbment for the assault on the officer. O’Brien returned thanks to the court. The other business was of no genera! importance. COURT CALENGAR—THIS DAY. Surreme Count—Ganxrat Txrm.—Enumerated. 118, 70, 72, 125, 126, 127, 129, 139 to 157, inclusive. Surrame Court—Circurr—Part 1—Oyer and Ter- miner. Civil calendar unchanged. Part 2—Nos. 132, 3636, 588, 772, 1148, 610, 966, 536, 1132, 756, 1276, 798, 784, 1600, 1668, 1306, 2602, 1562, ), 884, Supreme Lb Teew.—Domurrer—No. 16, Issues of law, &c.—Nos, 181, 132, 160, 193, 194, 196, 197, 199, 125, 156,'181, 196, 201, 202, 203, 204, 205, 206. 207. « Surreme Court—Cuampens,—Nos 17, 99, 100, 104, 152, 133, 179, 185, 199. Cail commences at No. 200. Svrsrion Count—Tru1 Term—Part 1—Nos. 2961, 2019, 3241, 2460, 2390, 8227, 2615, 2415, 3199, 3165, 3169, 2325, B111, 2999, 3005, Part 2—Nos.’ 2656, 3804, 3908, 2284, 2600, 3154, 3096, 2842, 2844, 2752, 3072, 3198, Common Pugas—Triat Tena—Part 1—Nos. 411, 1152, Pe the iewa 647, ae 987, 658, 377, 586, 499, 374. al lendar unchang: Crry Court, BRooxurs.—Nos. 41 to 60, inclusive. BROOKLYN COURTS. UNITED STATES CIRCUIT COURT—EASTERN DISTRICT. The Water Street Whiskey Case. Before Judge Benedict and a jury. The United Stace va, five hundred and eight darrele Of whiskey.—The trial of this case was continued yester- day afternoon, when farther testimony for the defence was taken. A number of witnesses wore oxamined, the ine of evidence beme to show that a permit had been granted to remove this liquor from No. 66 Water street as seized in the cellar of No, 68) to Cahfor- hquor was & part of a thousand ‘from Chicago, manufactured by Messrs. Shavfelt, distillors, and shipped from thet city to the Thirty-second collection district, New York, and received in bondad warehouse there; that afterwards the permit was sent back to the collector in Chicag and a new one being returned the liquor was remov: to a bonded thé Third district, from whence it was taken out. Noa UNITED STATES COMMISSIONER'S COURT. The Charge of Conspiracy te Defraud the Government. Before Commissioner Jones. The case of John H. Smith, chavged with having con- spired with William Murphy to defraud the government, was again taken up yesterday merning before Comasis- sioner Jones. It will probably be remembered that Smith's distillery, in Green lane, was seized by the reve- nue authorities for an alleged violation of the law; thas William and Cornelius Murphy were gariates keepers to watch the premises, and that one nig it while Wilham was on duty five or six barrels of whiskey were “run off,” and the barrels then Giled with water. William Murphy was beld toawaitthe action ef the Grand Jury, bat his brother Cornelius was discharged. Smith was alto declared held x he failed to put in an appear. 1 geet ee lem pee le peo ype or De his case was 0 wn Yara. Dopey Maribel Rodina was re-dalled to the stand an led that he saw the defendant, Smith, at bie @istillery early in the evening; that the whiskey was “rau off,” bus the lateer left tho long before witness did; Smith asked him # he could not bave ail the whiskey removed from the promises that m Nodine replied that t was then too le, The stoner off-red to allow Smit to make a sworn statement in regard to his case if he desired to do so, and the de- fondant eaid that he did not. Commissioner Jopes then romarked that there was not sufficient evidence to hold Smith, aud be would therefore have to discharge bim from custody. BOARD OF SUPERVISORS. Passage of Sundry Bills-The Committees of je Board Announce eo. The Board of Supervisors met yesterday, Supervisor Smith ing. ‘The bills of the coroners for the March at mse CSN Oa Ton elanad sak asad be paid. ‘Th Court House Committee roy ttn tlm ing $913 05 for stationery, $1.501 10 for carpeting the new Court House and $10.240 26 to Corneil & Co., for iron furnished for, the same building. The report was edopted, the of the Sherif for the quarter ending March 31, amounting to $6,467 70, was ailowed and ordered to Court House Committee reported In favor of pay- ing $8,025 60 for Iabor on the new Court House, weich was The of the Finance Committee was received, confirming the items in the tax levy. The Board took a recess of hell an hour, after the ex- piration of which the President announced the following comm)itees .— * Annual Taxee—Mesara, Tweed, Blunt, Willmann sod Roche. Criminal —— Police—Messrs. Brice, Willmann, a a ‘Ghent Comrta —Messrs, Bleakley, Maye, Willmann and” Brice. Public Charitiee—Meesrs. Taylor, Hayes, Blunt end wean Offcers—Messrs, Roche, Shook, Herman and eaiag: and Siattenery—erete...Biunt,, Fo, Teglee and weed. SPRCIAL COMMITTER ° Court Houre—Mowars. Tweed, Shook and Blunt. —— ridge Messra, Taylor, Wilimana, Hermon al fos. ih i—Messra, Fox, Shook, Blunt and Roche. *hamber amid Room— Mowers, Wilimann, Fox and Bi Cfrmuri-t and DrOt Rane Mesers, Roche, Willman, Ehook, Tweed, Fox and i Bleakley aud Brice oa! by Portunrers ukisy, Brice aod ant, : ve p mgs of Rey per ee hat the regalar menue? on. fy, At bwo o'clock P. ve opted, and the Board then #d- - ‘uewday. ABRCISION. IN, THE. CASE. OF GENERAL BLAIR ; St. May 14, 1867. The decision of the Ciroult Court in tho case of Gene. sro for rerusieg [rah Basie againet the. Judges, of Fei ED ohm Bon whiet wat ‘preme ( it wnless he took’ the & . erry bay i eaeerian ae Br. Pauly Minn,» May 14, war Moses who killed bis wife to get the | tide deareme u ’ ; has been indicved for murder ba