The New York Herald Newspaper, May 29, 1867, Page 5

THE UNION PACIFIC ROAD. The Greatest Railway Enter- prise of the Age. Its History, Progress and Prospects. &e. &c. &ec. Although more than three hundred miles of the Union Pacifie Railway west of Omaha, its eastern term!- ‘fea, have been completed, but little is known by the general public of the progress and prospects of this gi- @atio work, which, in conjunction with the Central Pa- @ific hae extending from the California side, promises te anite the Atlantic and Pacific in about three years anda half from the present time. Little has been said, although much has been done, and the vague idea of Pacific railway bas something more than mere theory and speculation to rest upon. The need of such a rail- ‘way has long been the theme of orators and politicians, and was at least tacitly admitted by the peo- ple at large. To give practical shape to wach an‘ enterprise the aid of the government ‘was necessary; and that aid was finally secured. The advantages of a road which should unite the eastern end western extremes of the republic and open a direct woad to the rich gold and silver mines of the Rocky ‘Mountains and the Sierra Nevada were recognized by Gongress, Thereby it was seen two thousand miles of mew territory would be opened for settloment, and a ‘vast expanse of land now valueless would be rendered Productive, The cost of transporting supplies to the government posts on the frontier would be greatly re- @aced in consequence, and the risk of Indian wars ‘would be diminished in proportion to the spread of @ivilization in those remote regions of the West. The ‘Passege of the necessary acts by Congress in the early stages of tho rebellion gave tangible shape to what had Been before little more than a misty dream of the fatare, ‘HISTORY OF THE ENTERPRISE, The Union Pacific Railway Company was organized ‘ander acts of Congress approved by Abraham Lincoln Jely Land July 12, 1862, and July 2, 1964, the cond!- tons of which have been complied with by the com- pany. The capital authorized by the charter is one hun- @red millions, of which it is estimated that not more ‘Wan twenty-five millions will be required, of which five millions have already been paid. ‘The Union Pacific Railroad is a central railroad connecting the Atlantic ‘and Pacific oceans on a direct line, The line from Omaha to the base of the Rocky Mountains is 517 miles, efmountain region 150 miles, thence to the California ‘State line 927 miles, This last portion may be lessened by the Central Pacific Company meeting the road at a point further east than the California State line. ‘The consulting engineer, after a careful examination ef the whole subject, reports that the grades upon the Toad, so far gs it has been located definitely, are much more favorable than its most sanguine friends antici- pated. He says:— From Omaha to the eastern base of the Rocky Moun- ‘tains the maximum le will not exceed thirty feet per Seats mae tan wa Bs eat Sa feet tothe mile. From Bi a eae sto the guieee foot per malle in distances of afew miles each, and it is Believed that ® final location will be made with a much Jess maximam, By section 2 ef the firet act above referred $0, Con- gress granted the right of way aid the privilege of tak- {img materials from the public lands for the construction @f the read and of the telegraph line; also in alternate @ections on each side of the road, twelve thousand eight Ibundred acres of land per, mile; and in further aid of ‘the construction of the road and telegraph line, a loan of thirty-year six per cent United States bonds to the ‘emount of $16,000 per mile upon the portion of the road Between Omaha and the Rocky Mountains (five bun- @red and seventeen miles), and treble this amount of Dende for the next one hundred and fifty miles, or Recky Mountain section, and double the same amount ‘fer the balance of the line. ‘The United states government tssues these bonds to the Union Pacific Railroad Company, and pays the in- terest upon them for the tbirsy years which they have te run out of the United States Treasury, only requiring that the company “shall, at all times, transmit des- patches over said telegraph line and transport mails, twoope and munitions of war, supplies and public stores, ‘epon said railroad for the government whenever re- q@uired to do so by any department thereof, and that the goveroment shall at all times have the preference in the ese of the same for all the purposes aforesaid (at fair and Feasonable rates ‘of compensation, not to exceed the ‘amount paid by private parties for the same kind of ser- vice), one-half of said compensation to be applied to the payment of said bonds and interest.” By section ten of Tite amenament of July 2, 1864, “the Union Pacific Railroad Company is also authorized ‘to issue its own first mortgage bonds upon its railroad, * yelling stock equipment and telegraph lines toan amount mot the amount of the bonds of the United @tates,"’ And to these first mortgage bonds so issued “the lien of the United States bonds shail be subordi- mate.” Tt has already become evident that the government will be largely compensated for the loan of their bonds ‘and the payment of the interest thereon by the dimin- Aahed cost and increased rapidity of their transportation and the facilities of telegraphic communication. The resources of the company, then, for building the road first five hundred and seventeen miles, to the base of Dai the working completed miles, to- houses, rolling stock 8 cast of 980) per perhaps never the kind. Every for the pros- even during necessary materials been oad to the base of the Rocky them are now a giving asvarance thet the contractors will the work to the foot Ast of a Fed advance tbe Hacky Monn. ey Syttae as on more level Central Pacific Railroad the work ox that the 18%, We will not ven- amount of trafic which when completed to the From present experience it seeme obvious that tbe Desiness of the uncompleted line will at of ie sited a plobtabie rebare ‘apes "ae ntesr- La eh ge yearns wed mineral resources of the mountainous portions of the through which the road passes, but it is mot so known that the great Platte valley and plains are agricultaral lands capable of sustaining a large and of supplying the mining districts from Jus productions, also in the fatare an exchange of products, of which the read will be ‘the instrument ome years ago the amount from the East carried over the plains os Since isen twenty-seven. thousand learn loaded for the fest, left from only iesouri river in one year. Three hui of this transit te now by Railroad. The of the Cedar Rapids extension of the Chicago and western Raiiroad across lows in Jani last affording increased the concentration nothing the wii Saerensed {eciiiiles, the inde of ot over the three miles already would give ipt_of $1,000,000 per If to thie amount the receipts for the of passencers and maiis aud the transmission of soe eae be swelled te ,000,000 per And with the inerease i wi i iz HH if 4 z A i is | i E § z NEW YORK HERALD, WEDNESDAY, MAY 29, 1867.—TREPLE SHEET, ‘also thes the Central Railway of California | On the nortn side of direction ‘be constructed to the eastern base of the Sierra ot'tts tribatarice is voutheast, while. toelr ‘tributaries Nevada on the same terma Thus the work from generally nearly to the During the year 1863 the surveys necessary for the !o- | courses formed by rupture of ihe surface can be seen catia of tho ken con tbuctsed wiles of the ad west of in any of the rocks, Aye they are exposed to view fad equipping this portion of the road was placed undet | dip f tho rock iy coustast ant sepsrensty never an great eq ion of the road was w ip Tock is constant and a never as great contract early in the season of 1864. Two engineering | as one di The river valleys 6 a to be exclu. parties were also employed in 1863 to examine what | sively valleys of erosion, and their formation can be ‘were considered to be the most difficult portions of the | seen at the it time going om both on a large and route west of the Great Piaite Valley. The results of | small scale all over the country. Most of the sireams these surveys are embraced in the published ‘‘Report of | on the forth side have high earth banks, and, like the the organization and of the Union Pactic | Missouri and rivers, rapid currents, They gre sub- Railroad Company,’’ the oping of 1864, three fleld fect to great fluctuations in their beight, rising and fall- — bl pend for the purpose bade pot the tog tsar gl ord ware are rarely, if ore clear. ‘sa tains ul creeks on the south side bay wever, west of the head of Great Platte Valley, and one party to | rock bottoms and clear water. £4 ; of the seco! one hun- All of the smaller streams have in turn their tributa- ries. These are frequently dry except just afters rain, and aro usually SORES ee than the channel of the waters flowing from the surface. These, howover, as well as the continuously flowing streams, have their rise in slight dey inthe surface, which would not be detected by the eye except for the direction of the cur- Tent. It will thus be seen that the country is cus up into a series of valleys running: at angles to the Piatte, which correspond in size and importance to the rivers flowing through them. These main valleys are inter- sected by the valleys of the tributary streams, and these again by others giving rise to that pecullar structure of ‘thé surface known as roiling prairie. In ascending any one of the streams wo tnd a rich valley which ts more or less broad according to the position and importance of ‘the stream which flows through it. This valley 18 usually called the botiom, The banks of the larger streams are generally quite low, and are separated from the bottoms proper by a terrace of varying width. It is from two to three feet high and forms tle banks of the stream, The bottoms proper commence with next terrace, which is of about the same height. ridth of these bottom landson the Missouri river varies from six to et mies, on the Platte from three to six, on the taries of the Platte they vary from one to two. They are composed of rich, alinvial soil, and are in many cases covered with timber, when the bottoms are liable to overflow. Tho smaller streams have aiso bottoms. ‘Their banks are often Afteen or twenty fees high, aud are almost always of earth. They show the general tendency of the soil to assume a vertical position rather than atalus, There is usually but one wrrace and that ig the bottom proper. All these small streams are sub- ject to great fluctuations, bat rarely leave their banks. The bottoms are never so wide as on tho larger streams, and their banks are usually covered with “‘openings’’ of hard timber, The Plate rarely leaves its banks. Its tributaries, where they enter the Platte bottoms, are Hable to overflow in the spring tresheww or after a very heavy and long continued rain, From the bottoms proper there is a gradual rise to the bluffs of the third terrace. The height of this terrace above the river is about fifty feet at Omaha, The city is bailt upon it. The blutfs proper of the river are at the foot ot @ fourth terrace. Tney are of variable height. ‘At Council Bluffs they are two hundred and twenty-five feet above the level of the third terrace. They consist of a series of low ascending hills, which constitute the divide of the waters of the region. The divide between two streams is always broken up by the valleys of other streams, which are tributary to them, The top of the divide from which the waters actually flow in different directions, is called the ‘back ” gnd is usually very irregular and crooked. Upon this back bone almost all the roads of the country are builk They follow in most cases old Indian trails, and are generaliy the most expeditious routes of travel, since they present the least incline, and allow of carrying the maximum load, This eee of the vaifoys of the streams im terraces grows indistinct as we go west, and is frequently limited to the first and the Tourth, ier —_ “8 It frequently happens that tn the bottom lands there are Ew which fail below the level of the rivers or of any drainage. These places give rise to sloughs which may be of almost any size; sometimes they are simply the collection of surface waters and dry up after a rain; sometimes they are supplied by springs, and at others they are caused by the obstruction at one or both of Fiver, in township 13 east, range 15 west, section 10, near Omaha City, Nebraska, ‘The surveys were continued westerly from the termin- ation of the first one hundred miles during the summer and fall of 1864 to the one hundredth idian of longi- tude, a distance from Omaha of about two hundred aod fifty miles, beyond which point it was not considered eee ee aren ee armed hostilities of the In- astern base of the Rocky Mountains), a distance of about three hundred and twenty-five miles, It has been ascertained, however, from observation, that there are no natural obstactes in the way of constructing ® road from almost any point. on the one hundredth meridian that may be established by the President of the United States to the best point of ‘the most easterly Tange of the Rocky Mountains. PROGRESS OF THE WORK. In April, 1865, about torty-six miles of the road was constructed from Omaha, west, aud early in 1860 the ‘work was recommenced and such ‘made that at the conclusion of that year 249 miles. more were com- pleted, so that the snort of the locoinotive was heard 305 miles from Omaba, up the Platte river, work was suspended fora while, but bas now been re- sumed, with the prospect of continued without interruption to the end of the year, when it is estimated 250 miles more will be finished, making s total length of 650 miles, or ni to the base of the Black Hills By the end of 187 all goes well, according to th pectations of the company, @ railway across the conti- nent will be an accomplished tact, and a great highway of traffic from China aod Japan to Europe will be thrown open, Such a railway will population with it, and towns will spring up in the valleys and on the mountain Tu spanking of the growth of population along toe road in ing of the grow! ulation along the as far as it‘already extends, Colonel Seymour writes:— It is astonishing what life, enei activity and enter- prise the Union Pacific Railroad has infused into the cities, towns, villages and settlements through which it passes, Stores, habitations, schoola and churches. soring upasif by magic. Fremont, forty-six miles west Omaba, bas | peal up from a quiet settlement to a brisk Little town of some 8U0 to 900 inhabitants. Seompes forty-five miles further west on the road, has manife similar improvemenis, There have been 7,000 lots added to the city. The population is now about 1,100 and rapidly on the increase. Kearny City and Fort Kearny, heretofore known only as a military post, have ey the railroad) been inspired by a progressive spirit that is creditable both to the city and road. THE ROUTE. ‘The initial point of the road—Omaha—was selected by President Lincoln because of ite advantages as the junction of the Great Platte river with the Missouri. ence, after a careful survey, the route was selected up the Platte Valley to the South Fork, and onward by Lodge Pole creek and over the Black Hills by the Gome Pass; thence over the Laramie Plains and thi Bridger’s Pass to Green river, @ branch of the Col ‘and on by Salt Lake City, the Humboldt Mountains and the valley of the Humboldt to the Sierra Nevada, The following table shows the distances between and the elevation above the lovel of the sea of the principal points on the Uniop Pacific Railroad, from w San Francisco: Distance Above Sea | bed of the stream di Sometimes sloughs are in Miles, Level, Feet, | from a quarter to haifa mile in length, and from filty to Initial point on Missouri river, a bundrea feet ‘They do not appear to have any Omahi — 965 | connection with the river, but their water is of the same On Hund: a UT 2,504 | temperature and clear. plied by jountains. 517 6,019 | filtration through the: which es whole Summit Evans’ Pass. 8.242 | of the bottoms at the ten or fifteen Ei pegesest POLICE INTELLIGENCE. Aitecro Bocvs Cuxck Swixpie,—Detective Radford yesterday brought before Justice Dowling Mrs, Maria Jane Brown, otherwise known as Mrs. Walters, on the charge of fraud, on complaint of Mrs. Alida Parrain, doing business at No. 27 Bond street. Mrs, Parrain, in her affidavit, sets forth that on or about the let day of April the defendant came to her place and gave her name as Mrs, Walters and desired a job of work done. The .accused then gave Mrs. Parrain some black silk which she desired her to make-up into a dress, the grant of the government to the company of every alternate section of land for twenty miies on each sido jon to agricultural pu and the su; for which service she agreed to pay $55. Mra of a dense population.” or the Black Hi Walters then bargained for a bonnet and @ cor- to the Laramie plains the country is rough and broken | set worth $3. On Saturday Inst the accused called for the articles, in payment for which she tendered Mrs. Parrain a paper purporting to be a check for $75 on the Bank of America, drawn by R. M. Cam- ming, to J. C. Walters or bearer, Mrs, Parrain, Deheving the check to be genuine, received it and deliv- ered the gooda to the defendant, Subsequently the com- lad_ in her empioy, to the hen the paying teller who is avery stylish thirty years of age, was im East Twenty-seventh street, ‘Tar Rosser rrom Sunnivr K eiLY—AnOTHER ARREST. — Edward Detshy, one of the persons implicated with Sig- munéd Abeles, previeusly arrested, charged with steal- ing $1,000 worth of sofa gimps from the possession of She lives f H f z i ‘J £ i i i ee it i FS Et 4 ik s & 4 . ALLEGED McDermott were yesterday brought before Justice Dow- ling, on the charge of having stolen $100 in Treasury notes from the pocket of Richard Seybold, residing at No. 34 Sixth street, by means of the panel game. Sey- Dold acoompanied Mary Ann to No. 100 Roosevelt street, and Ht i By I 2 a2 i ; H a 5 i i ? z ce i 4 g i i fH i | i | EREE i i Ay HH i &a i ia i 3 gs i Ht iF |! it 3 H i F i an F : z i | i ! i I i ete abeae rF i : Re Be a ae f ii i Hee tla aE ite a ba af; enti? gh aes i i ris 4 Orricua.—On the evening of the 27th instant, while Henry H. Harrison, of No. 178 Broadway, was walking through the bali of the 8t. Nicholas Hotel be wae addressed by a man who represented himself as itl pee d : i I i ij z* ji iy rs if Hd Hi i ral : : i | i THE COURTS. UNITED STATES CIRCUIT COURT. Opinions in Cases on Appeal. Before Judges Nelson aud Smalley. Tu the United States Circuit Court, Judge Nelson pre- siding, the following opinions im cases on appeal were yesterday rendered:— IMPORTANT ADMIRALTY QURSTION SETTLED—CAIEF ENGI- NBERS OP OCHAN STEAMERS MAY BMRB AND Dio UARGH FIREMEN. Alfred Battersby and others ve, The Steamship Republic— Nelson G 3. —This libel wes filed in ae const eelow by quran who hed.sigued ipping articles, for being un- lawfully discharged from the ship. ‘A dispute arose as to the wages—the master refusing to allow the men the sum im are specified in thearticles, Itis not seriously disputed in the proofs that the engineer had the au- thority in this instance to employ the mea e! ed in his department, nor that he had to the wages stipulated, The dispute seems to ‘as to the fact of discharge, 1tJs insisted for the ship that when the men were told the master would mot pay the stipulated wages they left of their own accord, or, if they did not, were discharged by the engineer; that he had no au- thority to discharge them. It is ratty clear that the men did not leave of their own accord, and the court below have found that the engineer, who admits he discharged them, had authority for so doing from the master. The question was mainly one of fact, and we are not disposed to interfere with the finding of the court below on the proofs, Decree affirmed. SUUMWBION TO AND AWARD OF ARBITRATORS FINAL IN THE COURTS—AN OLD TRLSGRAPH LITIGATION SETTLED. Samuel F, B. Morse and others vs O. F. J. Smith.— Nesox, C, J.—This ia an action of covenant against the devendant founded on a submission to an award of arbi- tratora, The submission is ey drawn, and most of the objections that were taken during the trial arose ont of this circumstance. The merits of the case ere quite plain aud easily arrived at, The submission shows that a litigation was existing between Morse and the executors of Vail against Smith, arising out of cer- tain agreements concerning Morse’s telegraph ; and that all suite aud causes of action between the parties, and also all causes of action between Kendall and Smith, had been amicably adjusted and finally and irrevocably set- led, with the following specified exceptions, namely :— First, a cleim for stock and dividends in the Wash- ington and New Orleans Telegraph Company on the part of Smith against Moree, and the executors of Vail— and also a like claim on the of Morse and execu- tors gon Smith, Second, a claim of Smith vs Morse for moneys for the invention of the telegraph re- ceived from sources out of the United States. These claims were submitted to Thomas R, Walker and H. O Olden as arbitrators, and in case of disagreement they were to appoint an umpire. The case was heard before arbitrators, who disagreed, and appointed Abijan Mann as umpire. The case was again heard before him, ail parties appearing and producing their proofs—and on the 22d of May, 1862, he made his award in favor of Morse and the executors, of certain amounts payable in stock and’in money as per submission, The award is — the subjects submitted to the arbitrators and um- pire for a hearing and determination, and is not re-ex- pono here. Indeed, we perceiv: (oul ticles were not produced at the trial, nor before the arbi- trators or umpire, and, in truth, no existence, The facts are, as from the proofs, that the parties, through their: had informally agreed on the terms of the submission, which were incorporated in the for- mal submission under seal, and the tnartificial draftsman must have had in his mind this informal previous ar- cnation i that both partioe appeared before te arb explanation jes 2} ore I. and um) and no notice was taken of this part jon or objection made on account of the roduction of these articles; but all parties assumed the submission under seal contained the of the terms that the sul individually, and was made a party to the suit. But the submission contained covenants of settlement of various disputes and causes cA, — in which Kendall c i i § ef Without pursain; further we tn! ‘verdict below was right, mr trial must be denied and Judgment entered aio, SUPREME COURT—CHAMBERS. The Chicage and Northwestern Railway Com- pany Imbroglio. Before Judge Sutherland. The People of the State of New York ex, rel, Rufus Batch vs, Albert. L, Pritchard, Treasurer of th: Chicago and Northwestern Railway Company.—The argument on the motion for an order to show cause why peremptory mandamus should not issue to compel the respondent to furnish a stock list of the company and exhibit the transfer books to the relaior, was resumed yesterday before this Court, Mr, Allen argued at great length on behalf of the re- spondent, Pritchard, io the effect that the Court could not interfere by mandamus to enforco a doubt- ful mght which he claimed existed in the present casc. The relator desired to obtain the inspection, not for any object having for its final resait apy particular advanti to the rators and siock- holders of the organization, but merely a private object, ‘viz; to secure a list of the stockholders and tae amount of stock conirolied by them, in order to obtain their proxies, and thereby secure a result favorable to the views ent relative to the organization and election of the new board of directora If it were a sub- stantial personal right which the relator claimed, the mandamus might with more propriety issue, bat in the present aspect of the case the relator sought by legal process to obtain the assistance of the courts in compel- ling the respondent to aid bim in securing the might to exercise the franchise of others, by joing their proxies and voting on them at the coming election. ‘The Court held that it was dificult to defiae in what Instance mandamus might not issue to any stockholder = corporation under the statute of New York, pro- vided such stockholder shewed himself before the Court vo bé a bona fide hoider. The stature provides that an, stockholder may inspect the books of a corporation wit! which be is connected, without dedoing what the neces- sities for euch jpspection migiit be, even though the ap- plicant might be impelied by curiosity only to demand the privilege. As the statute does not provide under ‘what circuinstances or for what motive th oe sought may that proof of standing m the corporation as a stockolder is aloue a sufficient cause for granting the writ to compel | on, part of the applicant! by the that fn the ponte gument the court had no jarisdiction, the corporation being or- are by and existing ynder the laws of a foreign The Court bere remarked that though the corpo- ration was beyond the control ef the courts of this State, its agent in thig city was amenable to aud under it juris diction, ie 2 g a An affidavit of the jont was also read by Mr. Allen, setting forth that Mr. Pritcbard bad not in his possession or under his control at the time the of the company; that no such books were in his ma now, nor bad been in his or under his eontrol at any time sub- sequent to such lieation. This affidavit was introduced inpesion srt cod ween war Sted an which was in the sroneting aaaie argument, was evasive and not suff- Giently explicit. The statomest contained in the aMdavit of ramet, was denied nae Larocque, who conten vhat the respondent oF control within the time specified of the traus(er books and stock list, Case argued and decision reserved. COURT OF OVER AND TERMINER. ‘The Second Avenue Arson Case. Before Judge Miller. ‘The court was densely crowded rday morning to hear the conclusion of this case, standing room being barely possible, while every available seat was occupied. After the usual preliminary busines, Mr, Brady, the counsel for the defence, addressed the jary on behalf of the prisoner at the bar. He commenced where tho lives of several innocent persons are |, a8 in this instance, for the sake of in on the part of one accused of the crime, He Gent tnte's bref ansizew of the laws of evidence, both cireumstantial and corroborative,and expecially apon such as bad particular reference to the a this particular case, and he then to comment upon SS . of the various wit. newes in the This man hed been tried before om this same accusation, apd the jury, although they bad deliberated for more than seventeen hours, were unable to come to any verdict. This showed the many discrepancies that were in the former evidence Kane—discrepancies which wero already fairiy cleared up by the witnesses for the de- fence; and was con! that a body of learned and intelligent men such as the prosent could not and would mot find Joho Kane guilty. ‘argument in Continuation was to the effect that was no evidence to prove that the prisoner bed set the house on fire, It a Tad done by Tt was jaciple person in Site or ones owteetonrs o be done by © person in some other district, The counsel was confident that altho we bad & clever the of N Tork, to he's of Chinese justice | entire a 5 ‘ a he good old ‘still was charged, and had hoss attached by 5 abeonce of the original executor, Edwia Coffin, end finally by reason of his discharge as trustee under the will of Thomas Wynne, who died in the city of Brook- February, 1851, the menazement and care of said po Moar ‘About ‘seventy thousand dollars—devolved The Attorney General Martindale, then sddressed ‘the court and jury for the prosecution. He warned the of the jury that on their verdict would rest by any capuous or ambitious thoughts to detract their r ad | the other of sald executors, Francis Vinton. It is winds from the important points of the case they lind | claimed that various items in thé accountings are with- law, and that said Fr. evidence brought forward for the defence, and closely Mie reviewed the address of the counsel for the defence, and enlarged upon the point that there was po rule in existence to compel them to reject the evidence of Sheban. In the case of the People of New York va Madame Costello, in 1845, the court ruled that it was allowable, where evidence could only be produced by an accomplice, to convict the prisoner on the testimony of that accomplice. # Objection raised by the counsel for the defence 60 the Altorney General advising the jury not to be led away by any false aympathy for the prisoner; “for if there Were aby extenuating circumstances in nis case, if found guilty, he would be recommended to mercy." Objec- tion overruled, Judge Miller in summing up said:—The case you have now to consider is one of a most remarkable nature, and it requires the mostearnest and careful attention on ar part. Rarely in the history of a man’s life is he called to fulfil such important questions as now devolve upon you, gentlemen of the jury; there is no higher prerogative than the one vested in your hands, and it calls for the exercise of the strictest: impartiality and entitled to the same, and that the same we: ber absence, and that up to January 23, 1869, she minor, She asks that said accounts be reopened resettled, and that the said executor and trustee, Francis Vinton, should be directed to account for said sums of money, or that such further directions be made in the 1) be just. ert Z containing two hundred and forty items, which are objected to, amounting in all to $4,603 60. Among these items the largest are the fol- lowing -— “Additional tage, stationery, expenses in attending the estate trom sepiember 1, 1853, to September 1, 1807, at $70 per annum—$2 ‘jue hundred days spent in attending to the tnvest- ments and reinvestments of the funds, at $4 per diem — 400." , Commission on receiving and paying annual income, $262 50, which would be upon an income of $9,500 per | income, $4,879 11; commission on the 7; excess objected d to, sus 28. a sae 1863 amounted to : 5 q nt of 1866, to came of purpose be you. You have nothing to do | to Lyn 22; of 1865, to $4,879 14, and with the of the law nor with the conse- | $5,181 04. quences 0} bey verdict, You are here ror the The following ts the answer filed by Dr, Francis Vin- ton, to the application of Charlotte Arthur Wynne, against his account as executor aud trustee of the will of ‘Thomas Wynne, and to have the same reopened :— To THe SudtoGars or Tax County oF KinGs:— ‘The anewer of Francis Vinton, executor, trustee and testamentary guardian under the iast wilband testament of Tuomas Wynne, deceased, and the petition of Char- lotte Arthur Wynne, respectfully showetn, That your re- spondent did, on the 1b of ember, 1657, the 10th day of February, 1860, the 3d day..of September, 1862, and the 5th day of November, 1! on, applications duly made and on citations dul igsued, bave final accountings, as executor trustee’ afore- said, before the Surrogate of Kings county, and ‘that his accounts were at said times duly and floally settled and allowed by the Surrogate, That the citations issued to all persons interested in the estate of said de- ceased were duly served on such persons. That your respondent admits an error of $200 in the account filed November 5, 1866, which he is, and always has been since the same was discovered’ by him, prepared and willing te remit, as the mistake arose from a clerical error in the books of the executor from which the amounts were transcribed, and which had already been corrected on the. books before this application was made, and the thereof carried to the credit of the estate op new account, Your respondent, in further answer to rer of the petition, herem denies that the said ‘accountings can be reopened, and alleges that the sole purpose of upholding the law in administering it justiy and freely. The of the case have already ‘been detailed to you. After going through the case and pointing out the discrepancies of the evidence, and men- tioning that the case against the prisaner was based on what is termed circumstantial evidence aloue, Judge Miller dismissed the jury to their room at half-past three o'clock, At five o’clock the judge retired as the jary had not yet arrived at a verdict, At 10 o'clock last evening the jury not having come to & decision, it was decided that they be locked up for the night. It'is probable that early this morning their de- termination will be made known at the opening of the court. COURT OF GENERAL SESSIONS. Bofore Judge Russel. AN INTERESTING CASE OF MISTAKEN IDENTITY. ‘The first case tried by the jury yesterday was an in- dictment against Bernard Ford, charging him with pre- senting a forged check to Hiram Cool, on Saturday, the 4th inst., for the sum of $125, purporting to have been signed by Edward Martin, Five witnesses for the prose- cution positively identified the prisoner as the man who presented it. The defence proved by Mr. Nance, wife and daughter, who reside, in Middagh street, Brooklyn, that the prisoner boarded with them, and was confined to the house the whole of Saturday, the 4th inst, by sicknese, It was stated that the accused presented the forged order between the hours of ten and twelve o’clock in the forenoon; but the witnesses for the defence re tively testified that it was impossible for him to e loft their house without their seeing him. The jury Delieved that the alibi was proven, and, after a few ew absence, returned with a verdict of not guilty, fi same are binding and effectual on all persons interested 4m the estate of said Thomas Wynne, deceased; that the said petition coptains no charge or charges of fraud, and that the question of the allowances to the executor was deliberately passed upon and determined in such final accountings by the court, and is nota matter that can be reo} ‘and revived, the same having been con- sidered and determined in due course of law, upon full examination of the services of your respondent, their and upon proper representa- makes this Samuel Woodman and Elizabeth Worden, charged with | tions of the y in interest who stealing three pieces of mohair goods and one piece of | application, But, without waiving his rights calico, valued at $78, the property of Lathrop, Luding- | in the premises dependent upon the, said made severally by the Hon, B. Dawson, the Bon, Roswell C. Brainard and the Hon. Wm. D. Veeder, at the dates aforesaid, Your respondent all that said just, true and proper; that harges the management of said estate, in the triple charac- executor, trustee and testamentary guardian for fifteen wore far below the real worth wore made afier rates the ——— his counsel, Mr, Wm. Betts, who had been the navisor of the’ testator ton &'Co., pleaded guilty to an attempt at grand tarceny, and were remanded for sentence, @COURT OF SPECIAL SESSIONS. First Conviction Under the Tenement Act for Refasing to Pat Up a Fire Escape. Before Justices Kelly and Dowling. In the Court of Special Sessions yesterday Bernard Dufly was arraigned on a charge of violating the act in re‘erence to owners of tenement houses, which provides that such places shali be properly secured in cases of fire, provided with tlre escapes, &c. The house in question is No, 400 Pearl street, pear the abcording to the course and ice of New Bowery, and |x one of those large five story houses. | courts or courts of equity. But the said accounts having ‘The prisoner, it is alleged, has been defying the authori- | been duly and regularly by the appropriate tri- thes for aconsiderabio length of time past, and bas re- j panals on in due course of law, your peatedly inetiite tle messengers sont to him from the | respondent respectfully objects that this bono Office of the trspeccor of arm He also declared | court has y kag ie the same, and that be that he would pot provide his house with anything in | is ontitied to the benedt ® judicial decree regu- the way of [ire oxcapes, and any person who did not | larly from which mo appeal has been wish to live in Wis house could leave it. taken, And is respectfully ms Justice Dowling, in ig sentence upon the pris. | gests, in relation to bia management of oner, said:—‘'Dufly, you have bad considerable ti said éstate, bis commissions, cbarges, and accountings at & willingness to comply with this | therein, that he bas received following communica- _ r, bat you seem dtiermined to resist . | tons and certificates from all the judicial officers and ‘They bave asked very little of you asa land counsel who have been connected therewith or Uhat you furnish a means of escape for your A | thereon, the same being bi ina ule great eae have been jost for want of these es- | marked “ A.” (18 VINTON, capes. It is the duty of all courts to panish severely all May 22, 1867. suoh persons as you, who deny the right of the law to City and County of New sa—Francis Vinton, being duly sworn, says:—That be read the foregoing meberen ee Sy, on. bundings, You have on every © dented that right. Iam determined that when cases are brought inte this court, and the evidence ‘warrants @ conviction, to impose a penalty on (! ffend- ere that will make others understand that they must comply with the law. The sentence of the court 1s you be confined inthe Penitentiary for one month and pay afine of $50, answer subscribed by bim, and knows the contents thereof, and that the rame is true of his own knowledge except as to the matters therein stated upun ioformation and f, and as to those matters he believes it to be true. FRANCIS VINTON. ‘Sworn before me this 224 day of May, 1867.—J. Gnus- won Kank, Notary Public, New York city. A communication from Wiliam Betts annexed, COURT CALENDAR—THIS DAY. mating that at. the Set of tbe examination of the y x ‘. amounts the charges lay were not too muc! Scrasus Govet—Tart 1-0; Terminer,—Nos, | for attending to the business of the estate; that the yer and 951, 247, 1081, 861, 852, 249, 883, S4i, 1433, 5, 860, 1207, 739, 1445.” Part 8705, 271, oor 1gest 1420, O41, 127 2.—Adjourned without Supreme Co Term.—Nos. 129, 219, 183, 60, 192, 206, 180, 140, 225, 226. SUPREMR hambers.—Nos. 87, 75, 76, 79, 80, 81, 82, 83, Burznion 90, 96, 130, Cail commences at No. 131, ¢over—frial Term.—Adjourned for the term. Common Prxss—Trial Term.—No jury trials, BROOKLYN COURTS. UNITED STATES CIRCUIT COURT—EASTERN DISTRICT. Another Distillery ned—The Dui Re OMcials. Before Judge Benedict and a Jury. “ United States ve. Seven Hogsheaas of Beer, &c.—This ‘wag an action for the condemnation of a distillery and other property in Bergen near Nevins street, claimed by Henry W. Quitzow, The property was seized by Doputy Collector Dailey on the 234 of Apni on the charge that the claimant ned been distilling without having complied with the law, and that false entries had been made upon his books, whereby the amount of distiila- tion was uuderrated. Inspector Cochen testified to having visited the piace, ‘and finding in the lower part (cellar) seven hogsheads, containing in all 1,000 to 1,200 gallons of beor; it was in condition, agd not more than three da ; the whic! estate had been extremely well managed; had sus- tained no loss, which might be considered remarkable in 9 matter of such long standing, and farther commouds earnestuoss his fidelity, zeal and im the management of estate. J.C, Sinith, Surrogate of Kings county, sanctioned tho commissions clawed by Rev. ‘Dr Vinton. Rodman B, Dawson, Surrogate, allows the claim of $4 per day. Roswell C, Brainard, ex-Surrogate of Kings county, in a long communication, remarked that Dr. Vinton had called upon bim to see about increasing the amount of his commissions In consequence of the war pricgs, and said he was very pusctilious about it, and wouldnot do ituatil he was sure the Surrogate approved of it. Ho approved of it, and cheerfaily bore his testimony to the creditable manner in which Dr. Viaiou bad performed his duties, cf Judah B. Voorhees, guardian ad litemgmakes no ob- jection to the justice aud equity of his items. Joseph G. diarrip, reteree, suid he had made a thorough and éarcful examination of the accounts and concluded that the estate bad been administered in a careful and thorough manser, with strict economy and integrity, and that so far from deserving the censure, he deserved (he profound thanks of the parties in interdet. Mr. Dean, formerly guardian ad tem of Charioue Wynne’s ertate, stated that he had examined and proved the charges apd commended the manage: + of the estate in sitnilar terms to the above, The argument had been set apart for yesterday, Meesre. fraphegan and Shaw appeartng for applicaas, /—~ Mesera. A. W. Bradford and & B, Dawson for Dr. Vinton. On application of A. W. Bradford it was consented to seo hag ed over until Friday afternoon et three o spirits wore draws off; up stairs were found seven fer- sectother prouerty. while’ ia the yard were fougd ais | .,A8 the case now stands the paper will be submitted om bags of gram: aman ihore auld that the thines were | FFiday, and the only question is as to whether the Sur- used for rectifying epirita, and witness stated that be | Towste has the right to reopen the accounts of Dr. Vin- found both the means of making and rectifying whiskey; | 1% previously passed npou by the Surrogate for the last the roar and sides of the cistern room could be lifted up | 1" years. The parues in interost claim that the ex and set back thee ancoting anything. =) claimed Cominissions to which be ts not entitt r aidonal law. peafed that the suite on tho books! showed that there | Ye%m passed upon by the Sarrorate, and that the matter were twenty-nine busbels of ‘put in mash on.the | cannot be reviewed except by # p ing in the Su- 4th, ith and 6th days of i Hy wich hat Deon run off preme Court, making fourteen ey only. On of he ni bowerer, these naren ead contained COURT OF SESSIONS. mash, "Juere wele nd Guwrien ou the beste from the 6h A Mansianghter Case, of April. Another ane against Mr. Quitzow was that Before Judges Dikeman, Hoyt and Voorhees. be bad piven Sotics tat the dieiiiory wae vo bee me. | The chee of Patrick Cos, who was’ tadicted for man- Uitowy tas ther Ziaiane bieusatt tasted “on the sand. | *auabter io killing a man named Patrick Donnéfly, was called on yesterday morning, when the prisoner with- There were found there about thirteen tal as the notice atates that there onl; roy wed drew his pien of not guilty, and pleaded guilty to the also found that betweea the doubier and the cistern | fourth gradeof that crime Tho circamasances of the qeomceme snopes pipe, aang, om that pint coald | ave Cox vite the iquo wor of Sue ON), n Clu. Dox ¥i 4! a orheee wan toned in ‘the fiat a Dia street, and while there the deceased entered and Assessor in the Second asked him to treat, Cox consented to do Roky, of the distillery from Do noelly said that he rust also treat bis friends, The risoner demurred to gs A) on the groand that be not sufficient money. prisoner left the store, deceased, and crossed to anpenie ride of the street to a grovery store, wherg a disput disciatt ensued Se the ean eras, wernment. Patrick O'Helrae, wtabbed in the abdomen with a , fro place, teatied en to the titi ‘if oT the hecinery | ashort time, whon death ensued. Cox gave Binetit ep the pol being committed by the Coroner to hwait the reation ot the Grand Jury, was indicted by that body. He is now ia jail awaiting sentence, “PURSUIT OF THE RICHMOND, MO., BANK ROBBERS. One Man Killed by a Bashwhacker—The Reb- bers Clad in Batlet Proof Clethi Kanade Crrv, May 27, 1867. Twenty-five citizens of this place started in pursuit of the Richmond bank robbers yesterday Aa a part of them approached the house of aman samed Leaven, twenty-one and a half miles west of Inéopendence, one of the party, B. H. Wilson, formeriy ‘ Ind, ves iocemtly shot and killed Fe ayes Sones,” notorious bushwhacker, who if that most of the engaged in the robber tected by bullet prool gavetonte, ‘Ss Many 5 fired at nem by the Citizons, at close quarters, without Sate op Rach Horas ix Acernausa.—The Melbourne Argus of March 21 gives an account of the sales on the previous day of Mr. Fisher's celebrated race horses :— Fishhook, by Fisherman; Marchioness, by Melbourne, the first offered. Fifteen hundred guineas was Knocked down to Mr. 1,800 guineas; and it was said that Fishhook was bought pot at present leave Aus- bm ary eventually, pot ae et Pi ay SURROGATE’S COURT OF KINGS COUNTY. The Vinton Trustee Case—Alicged Overs charges ef Commission, dc., Against Rev. Dr. Francie Vintes, as am Executor and Testamentary Ganrdina. Before Surrogate Veeder. Against the petition filed May 7, 1867, im the Surro- ‘that offer, and after successive gate’s Court of Kings county, to have accountings re- | Dit of five, six, seven, tghtand’nine hundred guineas, opened which had been settied by Rev. Dr. Francie | ho was knocked down to Mr. @, Lewis at the Inter Vinton, ae executor and guardian of the estate of Char- en ined ue mapedhy, pond i woes es oD lotte Arthar Wynne, and alleging overcharges of com- 09 Oe fae oectd Loree: Pp. J. ran, to whom taission and charges not warranted by law for the super- | this bitherto uniocky horse was knocked down. The vision and are of the property, an answer war fied 2 2 nee yesterday on the part of Rev. Dr, Vinton. oe In the motitien 1 was aileced that py reason of (be