The New York Herald Newspaper, June 21, 1867, Page 8

RIL OF JON #. STRRATY awe More Evidence of the Prisoner’s Pre- gence in Washington April 14. furr2tt Informed Parties of the Inten- tion to Kill Mr. Lincoln. What the Defence Proposes to Prove. SMALL ROW BETWEEN COUNSEL. ‘Wasnmaron, June 20, 1867. ‘The trial of John H. Surratt was resumed this morn- ‘mg in the Criminal Court, Judge Fisher presiding. ‘There was an increased attendance on the part of spec- ators, The number of ladies in attendance has in- w@reased, and they ocoupy seats within the bar. Tho prisonor was brought in at ten o'clock and the ‘oll of the jurors was called, Mr. Merrick submitted a motion asking that the wit- memes Carroll, Hobart, Charles H. Blim and Joseph M. ‘Dye be recalled for the purpose of cross-examination ‘spon points which have come to the knowledge of the _@efenowaince the other examination closed Mr. Carrington felt it his duty to object. ‘MPA Merrick said'it was a matter within the sound dis- erection of the And the reealling was necessary to ‘@ Just trial of the case. tae » Mr, Carrington Wtrirew his objection, as he was not ‘@ieposed to throw any embarrassment in the way of a air trial. Mr. Wilson said he thought the witnesses referred to Mad boen discharged and gone home. Mr. Carrington said in withdrawing his objections he id not wish to be understood as acknowledging he was sundor any obligations to his witnessea bere. Mr. Merrick said he hoped no witnesses would be dis- ebarged except upon the consent of both parties, He ‘Mstanced the case of Brown vs. Wylie, and other cases, ‘to show that witnesses had been retained during the swhole trial for the purpose of being recalled if necessary. Jn tho Gardner cage witnesses were kept here eighty- four trial days, The Court suggested that it was probably the retention of tho witnesses that prolonyed the trial, Mr. Bradley asked if the prosecution proposed to ‘Fecal theso witnesses. Mr. Carrington said not unless the Judge directed ‘Shem to do so, Mr. Bradley said the witnesses had been discharged swithout the knowledge of counsel. e Judge Fisher said that in along experience he had mover heard of arule that allowed witnesses to be re- ealled in the manner now proposed, If there was a rule ‘mpon that subject he would like to see it, ‘Mr. Bradley said he had been misunderstood. He in- ‘ended to convey the idea that the rule was within the @onnd discretion of the court. The defence therefore ‘proposed to lay a foundation for the ,case upon which ‘the court could rule. Mr. Carrington repeated that he had no objection to ‘the call of the witnesses if they were hero, but he did met wish to be compelled to keep witnesses here. Mr. Merrick asked if they would recall Susan Ma- honey. Mr. Carrington said she was in the city and could be pecalled at any time Mr. Merrick said that case was then out of the way, ‘and it only remained as to the call of Blinn and Hobart, and be therefore submitted a motion to have them re- @alled, and he thought the motion would be granted when he stated what he expected to prove. The defence had received information which would enable them to show that in April, 1865, when the facts fresh in his memory, Mr. Hobart stated that the . to whom he referred in his testimony as having on bis train at Essex Junction got on that train on iy, the 2tst of April, and not on. April 18. Gates were very material. lobart had wade the statement was brought to the knoweldge of ‘the defence after the examination had closed. That ‘Mais was 20, he would read from the statement of Hobart @s mado toa government official. ae Lee up a book and was about to read 1 Mr. Pierrepont interrupted and wanted to know what official this evidence had been given to. Mr, Merrick—An official who was a deputy of General LC. Baker. Mr, Pierrepont asked if the book was Baker's; if so Be had never seen it or the paper, Mr. Merrick said it wasin Baker's book, and if Mr. Pierrepont had never seen it the prosecution in this case end tho government had seen it and knew all about it, paper referred to was a letter to General L. C. Ba- r, Pierrepont wanted to know if Baker's book and te rey could be put in evidence. He certainly ob- Mr. Bradley objected to these Incossant interrupti: apd beasked that the rule be strictly enforced. re ‘Mr, Berrepont said be would state his objection. Mr. Bradley calied him to order, and demanded that ‘Mr. Merrick should be allowed to proceed. Mr, Pierrepont said he had submitted his objection, ‘and asked ine Court to rale upon it, He objected to the weading of Baker's book. ‘The Court raid be should sustain an objection to read- 4c Baker's book, or any other book except a law book. body knew that Baker’s was not one of law, and M& was genetaily doubted whetbor it was one of fact, mM lerrick said he did mot propose to read from Bal book or any other book. He simply proposed ‘te read a statement of what be proposed to prove if the ‘Witness Hobart was recalied. He proposed to show that before April 27, 1865, whon the facts were fresh in his Memory, Hobart stated that he had carried the men described yesterday om Friday, Apml 2%, instead of Tuesday, April 18, and that his stat on that occa- gion corresponded exactly with his evidence of yeste day, except as to the time when the men were carried, made yesterday, except as tothe date when the m: came the 4 at Burtington. They would show ‘that he positively fixed the date from the fact of bis the ““iny,and it was ascertained that neither £ Waki. 74 these facta were reported to the ment at Washington, wa... os: posses sion of the United States government, andthe pomen ‘ment knows that neither of the men who slept in the was John H Surratt, This statement and the fact that this motion was a matter for the sowed discretion of the Court should induce the sliowance of the motion on the side of justios, The prisoner is hero ‘Without notice of the witnesses for the prosecution, and placed upon the stand what kind of a net work it is attempting to weav: Bim. A judge exercising discretionary powe Dositate a loug while before saying he would not sum mon beck a witness whose re-examination might prove ‘Cheese material facts. civil case the recall of a witness ‘would be allowed, and that bas been uniformiy in this Court and in the closely contested Wiley Brown, \ir. was permitted to recall the witmess on the thirty - for day of the trial. As to the recali of Sergeant Dye, Mr. Merrick purposed to read a transcript from the docket of Alderman Dorrity of Philadelphia, showing ‘that Dye was arrested in the early of 1867 for pase- ane 8 counterfeit note on the First National Bank of New ‘ork. Mr. Merrick was reading the transcript when Mr, Carrington objected to the reading and said it boyy not be placed in evidence uniess firs: submitted Mr, Merrick’said be did not purpose to offer it in evi- dence, he simply read it as the basis of his appfication Te ea judge Fish the paper must got be read in the Dear’ the jury. Mr. Pierropont said that whem the motion was first fade by counsel for the defence, and objected to by the District Attorney, be Pierrepont) sugvested that Sertain witnesses be allowed to be recalled. He did not ‘Koow at the time that these witnesses were gona But Mr. Wilson, the Assistant Attorney, had advised the bay that some had gone to their homes, Susan Jack. mm, however, was in'the city, and the tog con- Wanted tbat abe be recalled.’ Could anything be more a» Watonable and fair? Now he was met with some em- b Wrasement, because ho had repeatedly been told by @, Slearned counsel that the practice was different here fro. Wwhat it was wi he practised. He would ask the Wart whether motion to recall witnesses, in order “19 Continue the cross-eramination, it was the prac- tice to SATEUO questions of fact, aud wut up, and tell ey @Xpected to prove. This motion was to ‘Whe recall of witnesses, Counsel for the prosecu- T willing to extend all the couftesy in their Wey would make no objection to the recall of oom in the city, and the putting whe stand with ali th seer ieee \within the mua oat tay aio. \ \ 3 J ma somewhat un- oak examined, and (eross-0 xammination a ‘ Casringtony—1 don't want ’ to bear you fnrther, No motion ought to be made uniess foonded on an affidavit which the Court can inspect. Mr. Bradiey—It wiil be put tv shape, The Court—It is out of order for gentlemen to make argument to the jury about the facts they are able to prove. The proper mode is te support motion by te ‘Mr, Merrick remarked he did not propose to argue the ease, Dut if the motion wes founded on affidavit be would be compelled to present the reasons why the mo- tion should be granted. ‘Mr. Bradiey to Mr. Pierrepont—You did not suggest that the motion should be supported by affidavit. Mr, Pierrepout—My objection isto your arguing the quesiion of fact on a simple motion to recall witnesses, Mr. Carrington—I think it but justice to bring to the ation of your Honos the: slander presented against rgeant Dye, I regret exceed! ‘that counsel for the defence published a libel against him in open court. ‘The Court~It is not worth the paper on which it is written. Meccra, Pierrepont and Merrick were both ed the Court at the me jew Repo the ons ore them by saying—You proceed in reg . When a ts ‘witnesses in chief, the other side can cross. vice versa; otherwise there will be no end to the Mr. Mi counsel for the prosecution, sald—I pro- daced a T can only remark it came to me under official seal from the Siate’of Pennsylvania, I know nothing more, W! Gece cad ‘The I overruled ‘Edward L Smith was sworn and examined by the tion, He had since 1860 resided about a mile From durratiaville; he had known the prisover very well for three or four years; recollected he staid at his house in January or February, 1865, and went away next morn- ing; they, on that occasion, conversed about differeat things; the prisoner joked about going to Richmond but never acknowledged to having been there; he, however, laughed and said, “If the Yankees know what ho bi done they would stretch his neck,’” "Witness did not re- collect what reply be bimself made to this. ed by the defence: le came to Wash- junday, having been summoned to appear before the District Attorney; he told that officor what he bad just stated here; had been examined by Judge Holt, and what he had said was written down; none others went up there besides himself; the wit- ness bad said to Mr, Townley B. Robey that being away from home would be a 4 loss to bim; when Robey Rant he would guarantee him $10 a day, !f witness would ao What was right; besides this his jotel bill was Ot ak bpd B9NMy Witson (the Assistant ilson (the Assisi pe aS, S22 tnaue it all right, Mr. Carripgton—Have you not been in Mr. Morrick’s office ? Witners—Yes, once. Mr, Merrick—He told mo all about it, Witness—Mr, Morrick said he was after me with a sharp stick. James M. Wright, Chief Clerk of the Bureau of Mill- tary Jnstice, was recalled, and identided certain papers ashaving been placed im his custody, ‘These papers were Jacob 'hompson’s account with the Ontario Bunk, of Montreal; adrait on the bank, and Booth’s bank ington last i. Mr, Bradley inquired whether the diary of Booth had been filed with the records of the conspiracy trial, and whether the diary had ever been in that office. Mr. Wiiaon ebjected to the question. ‘The Court remarked that he did not see that the Booth diary bad any relation to the facts stated on the direct examination of witnesses, Robert A. Campbell, toller of the Ontario Bank, Mon- treal, was sworn, und gave testimony concerning the papers which Mr, Wright had identified, Mr. Bradley objected to an examination of Jacob Thompson's bank account in Canada. ‘The (Court eald it seemed that the testimony shontd be beard for the time being, but if the prosecution failed to convict the prisoner it should be ruled out, ‘The witness then testified as to the condition of the separate accounts of Booth and Thompson with the On- tario Bank, showing among other things that, on the 27th of October, 1864, ‘& bill of exchange was drawn for Booth of £61 10s. 12d., and that on the 6th of April, 1865, Thompson drew a check on the bank for $7,098, and the bank gave him, in the course of the transactions, a certificate of deposit for $190,000. ‘was placed against his account, he having a jarge balance all the time to his credit—probably $200,000, The witness also testified to the iact that Jacob Thompson was an American, John Lee was sworn and examined by Mr. Carrington. — Witness now lived in Mississippi, between Meridian and Previous to that time lived in Washington; sant of Company E, Ninety-fifth regiment. foluntecrs ; ordered to Washington in in Colonel Baker's force; in his business became familiar with people in this city; had seen Jobn H. Surratt; recognized the prisoner at the bar gs Surratt; In April, 1865, was on diy at the quarters" of Colonel J. R. O'Belrne, Provost Marsh on April 14, 1865, was chief of the dotecti force under Colonel O Beirne, and went down the depot that day to look atter deserters; returniog, an@ when at the corner of Sixth strect and Pennsylvania avenue, stopped to talk to an ac- qoaintance; then went on up Pennsylvania avenue to illard’s Hotel, and when opposite the hat store of Mr. Steinmetz, passed a man I took to be John H. Surratt; to the best of witness’ knowledge tho . atthe bar was the man be met; Surratt was walking at an or- dinary gait; Twas walking fast; on April 15 I went to the wood House; Major O’Beirne got an order to bring all his men to the Kirkwood House to protect Mr, Johnson; I went up on the roof to see that all was safe, could come in through the building: was that somebody would try and kill 3 ether, gotee the men all fixed I went down to the clerk’s office ; acting upon certain informa- tom I went to room No, 126 and comtld not find the key; afier consulting with Mr, Sprague I burst the door open and went into the room; a coat was hanging on the wall, and in a pocket I found a spur and a book. (Book produced; witness ized it as the book he found {n the coat pocket.) I got the book and threo pocket handkerchiefs, and a half a stick of black }ico- rica; I then went to the bed and lifted the covering off until I got between the sheets and the mattrass, and I picked "p there a large bowie knife with a red cover over it; I then hunted for letters, but found none; T then took tho articles down staira, at the parlor next to Mr. Johnson's room, and gave them to Mr. O’Beirue, who showed them to Mr. Jolinson and then retarued them to me, and I locked them up; Vice President Johnson's room was on the floor below room No. 126; next morn- ing Major O’ Beirne gave me an order to take the bundle to Secretary Stanton’s house; I gave bim the things, and he examined all except the pistol; he did not care about looking at that; and I then wrapped them up again and kept them until I was ordered to take them to the hwo spb 4 Holt. and then gave them to Judge Advocate Burn@t, at his office, corner of Eighteenth street and Pennsylvania avenue, At fifteen minues past twelve the court took a recess for half an hour. Upon reassombling John Lee was recalled and cross- examined by Mr, Bradiey—I was a detective oflicer under Cefonel O' Beirne; was with Colonel Baker before 1865; was with Baker in’ 1863 or 1864; can not come any nearer to the time; I left Aquia creek at the first burn- ing by General Burnside, aud I came to Washington to Colonel, now General, Rucker's headquarters; I think I left Colonel Baker's service in 1864, but cannot teil ex- actly; when I left Colowel Bakor's service | went on duty with Captain Patnam, Provost Marshal, who was O'Beirne’s predecessor; I was in the United States m tary service; while with Baker, Captain Putwam's head uariers was at Nineteenth and I streets; I was on duty all the time; I went into O'Beirne’s service about six months betore the assassination; was with Putnam six months; | left Colone! Baker some time in the spring ot 1864; the detective force was at that time employed in ferreting out blockade runners, oO were carrring medicines South, and it was at this time Surratt was pointed out to me atthe depot; Ido pot know when that was, but it was many months before the assass! nation; saw him after that; [ knew bim in no other way except that his name was Surratt, and was said to be a rebel; it was our duty to find out where such poople } after we had our order for them Sur- Fatt was poiuted out as a man who ran through the Muee; I do not recollect bis dress; he was never pointed good many men who wece jer took eapscial notice of; did not think I took especial notice of him; I think he had a little mostache, but am not positive; when I saw Surratt ril 14, 1865, I do mot know how he wus Gressed: there was nothing on my mind that induced me to take eepecial notice of him; I passed him in the street but did not turn to look at bim; I did wot testify to Surratt’s presence at the assassination conspiracy be- cause | was not asked the question: my@whole business wag after Atzerott: I knew Surtatt was implicated in the conspiracy, but did not think it mecessary to say any- whinge a Presence unless interrogated; I never told any @e «xcept a. few acqunintances that i saw Sur- ratt on April 14; the District Attorney since my arrival here that I had seem Surrat told Mr, Wilson #0 and also told Mr, Fred Butier Packer, at Batie what I said at the time I told this— By Mr, ander (n juror)—Witnoss does not recol- lect when it was that Surrait was pointed out to bim; does not recollect who pointed him out. By Mr Bradley—It was between four and five o'clock when I met Surratt on April 14 By Mr. Bali (a juror)—Sarrate was coming down and I was going ap whi met 4th, muel A, Rainey amined by Mr. twenty veare and traded in horses and ery le; 1a 1864 kept horses on the corner of Sixth and C streets; on Janu- ary 1, 1865, (ook a stable on Sixth street, below Penu- ayivauia avenue; took the stable with Dr. William E. Clea) and from January 1 to Jane 1 we were partners and we kep! books; Cleaver kept the cooks) I knew Joba W. Booth oniy dy name; knew Jono Hf Surratt and have seen bim at the stable several times; on one occasion Surratt came there and hired s horse; Surratt there but do not recollect the time, Clea bired the horse to Surratt; [ saw the horse; it was a bay mare; cannot say if it wae in January, 1905, or not; we kept a set of book the mable. Md The books were exbibived aad recognized as the bookg Ta at the stable, and i Surract’s handwriting. ir. Bradl ; I told it to Mr. did not seo auy one writing down a Pierrepont——Have fived in Washingto other tey d they did not intend to give notice, Mr. Bradley eaid that was no reason why counsel should be If the gentieman could not be cour- teous, he (Mr. Bradley) would teach bim to be so. Mr. Pierrepont said he wae disposed to be courteous, bat it was not his imtontion to give information they ‘Were not bound to give, Mr. Bradley said be wanted Mr, Pierrepont to respond im a courteous manner, and, if not, he would teach him © do 50. 3 t did not see tho necessity of asking as to the same point at every moment. The directed another witness to be called, and Personal difficulties to be settled elsewhere. Wm, E. Cleaver was sworn and examined by Mr. a livery stabie in 1865 on between B and Missouri avenue: was a or of Mr, eine; knew J. W, Booth and knows fon H Surat has known Surrait eleven or twelve 4 was familar with bim; me as Doc, Iea'T addreseod him as John; Beet hb bis horse ai re Was a light our stable, and the first horse brought ¢ bull} bay horse, Bovth aud Susat, came to the stable j Surratt, on January 25, horse at three o'clock, aud came for him b seven; it was then raining bard, and I asked bim if he was going to tbe country guch a vight as that; he said he was going to “TB,” to y; 1 aaked bim to go (o the Clarendon to take a drink, and he said he bad enough, and I thought be bad Booth had not yet come, and J asked Surratt to take a seat in the office; he did ao, and said be and Booth were going towne counter. to meet a party to help them cross the river; shat they were. going to do some bloody work; that Linooia, the old scoundrel, as be ruiped and the whole South; and he would kill him himself; Surratt ehowed his pistol and said he represented two counties in waryland; Booth came in at eight o’clock, and Surratt chided him for ‘being #0 late and keeping him waiting; witness was in Washington the day of assassination; was out that afternoon exercising ® black horse, and rode to the they were going to kill bed. jand avy yard bridge; while going along H street that day I met John HL he was ‘walting along H street; I spoke to him and said, “How are you, Jon?” and he nodded to me; he was dressed in a rusty colored suit, and wore a sort of a jocky cap on his head. Cross-examined by Mr. Bradiey—Surratt was dressed rather rough, and wore something around bis neck like a victorine; 1 met bim beiween the printing office and the railroad; it was about four o'clock when I met him, ‘Witness was questioned as to bis testimony at the military commission, and said he had not told them anything of what he had said bere to-day because be was not asked; witness knew that Surratt was‘implicated in the cone. spiracy, but did not deem it necessary to mention the fact of having met him, because he knew Surratt, and wanted to shield him, if possible; I, however, toid that Surratt came to my stable with Booth. ve ve you ever take a horse to break forme? A, ‘es, sir. Q Did you sell bim? A. Yes, sir. Q Did you ever give me any money for fim? A. No, Q You sold him without my authority? A. No, alr; Thad your bane a @ Are you the © Dr. Cleaver who was convieted here of committing a rape upon a poor little girl, and ia whose case a new trial has been granted ? Mr. Carrington objected. ‘The witnogs was not bound to answer. —I decline to answer that question. rington said that the question should not have been asked. Mr. Bradley insisted he had a right to ask the ques. tion. ‘The witness could answer or not, as ho pleased. Witness was asked where be was withio the last three weeks, amd he declined to answer, ag it would lead to degrade bim. Q Have you seen and spoken to Sanford Conover, alias Charles A. Dunham? A. Ye: re @ Did you tell Conover all'abont this. A I did, sir; 1 told him pretty much what I said here. Q. How did you bappen to tell Conover? A. We wore talking about the Surratt trial, and I told him about hiring horses to Surratt. * Q Did Conover write down what you told nim? A, He did not, as I saw. Q. Where did you see Conover? A, In this city, at a house on Fourth street; the house basa lot around it and extends up to Catrect; have told other parties besides Conover; told aman named Lewis, who was in my employ; I would vot have told all about it now if it had not beva for San‘ord Conover, €Mr. Bradley said that was enough, but Mr. Pierrepont insisted (nat the witness should complete @ statement he was making, Witness then said {t was through Conover be was made a witness; Conover told what I told him, and a man caine to the jail to see mo; I was so mad at Conover I could have hit him over the head, and I did not talk to hitn for five or six days; I then talked to a man pamed Ashley, who came to see me abont the case; Ashley was a short, stoutish man, and Conover told him about it; I told him alt I tel! bere, but I failed to tell him many things I fail to tell now; saw Asbley at the jail in Cono- ver's company. By Mr. Pierrepont—I understand that Mr, Ashley is a momber of Congress; he came to the jai! to see me. By Mr, Bradloy—I have not received promis of re- ward from any one for the testimony | should give, Mr. Eddy Martin was sworn and examined by Mr. Pierrepont—Witness was a commercial broker, and in 1864 went to Ricbmond, Va. Witness was asked relative to a visit to Richmond, and asked permission to make an explaration, saying that Mr, Pierrepont had promised that opportunity shouldbe affurded im order that wit- ness might show that he was not there improperiy; vit- ness then made a statement to the effect that he had visited Richmond with reference to the sale of some cotton and tobacco, and with the tacit consent of Preai- dent IAncoln; witness then testified that while at Port Tabacco, waiting to cross, he was detaived by the ice ‘and employed a man namen Atzerodt to get him acrows; witness also saw Surratt at Port Tobacco; was intro- ducod to him there; Sarratt remained there a or two, but was not observed to speak with Atzerodt; this ‘was between the 7th and 15th of January, 1865, and has ‘not seen Surratt from that time until now; never saw ther Serratt or Atzerodt on the other side of the river; after remaining at Port Tobaceo ten days, aud not being able to cross the river, witness had interview with Atzerodt, and accused him of duplicity, and of helpin, other people to cross; Atzerodt denied it, but intimat that on tle Wedneaday night following 'a large party would cross, Witness asked Atzerodt what he meunt. and he said he coud not say. Witness came to the con- clusion that a party of escaped Confederate officers wore to cross, and gave the subject no more attention, No crose-examination. Brooka’ stabler was sworn and examined by Mr. Pierre- pont.—Witness had chargo of J. C Howard's livery stable, on G street, between Sixth and Seventh, in 1865; witness knew Booth, Atzerodt and Sarratt; the latter put his horses at liv the stable, and gave orders that Booth, Dut no one else but himsolf, should use the horses; Booth, Surratt and Atzorodt came to the stables together, and sometimes separately ; Sarrait gave orders that Booth and none else -hould have the horses, Wit- ness here produced a paper in Surratt’s handwriting, and it was read to the jury, It was a note dated March 26, 1865, and was written by Surratt to witness, return- fog a team which he had hired and requesting witness ‘to lot Booth bave his (Surratt’s) horses, The order was offered in evidence. Witness resumed, and said he had seen Surrait ride out with Booth and Atzerodt; had re- esived another note from Sorratt, and also one from Mrs. Sorratt, Witness wat asked if he had had any conversa- tion with Atzerodt about Surra:t in April, 1865, Mr. Bradiey objected to the question, a3 the conversa. tion related to a note which was not in court, Mr. Pierrepont sageested that 1 would be best to post- poue further investigation until the note was produced, and the court thereupon took a recess until ten o'clock \o-mo rrow moraine. MUNICIPAL AFFAIRS, Bourd of Aldermen. ‘The Board of Aldermen mot at the City Hall yesterday afternoon. Tho resolution relating to the establishment of public baths in New York was referred to the Com- mittee on Finance. The Comptroller made the following statement in answer to a resolution of inquiry regarding the receipts and expenditures of Washington.and West Washington markets for the years 1865 and 1866:— RECEIPTS, 1865—West Washington marke! 1866—West Washington marke! 1865—Wasbington mar! 1866—Wasbingcon mar! 1865—West Washington marit-t 18366—West Washington mar! 1865—Washington market 1966—Wasbington market. Grom expondituren........ccsccceeeseeess SSH 882 OD The Comptroller sent a second communication tn an- swer to a resolution of inquiry relative to payments on appropriations for printing for the Commoe Counci! and city contingencies, The amount paid forprinting was $13,737 56, and for contingencies $24,720 18 The prin- cipal items among the latter were $8,406 $4 for station- ery furnished to the Common Council during the year 1866; $2,000 for flies of the New Yor Gxeratn from January 1, 1842, to December 31, 1806, smd $2,000 to D, D, Field for professional services in the case of the Police Commissioners and the License bureau, A resolution directing the Street Commissioner to re. move fountain in the City Hall Part to Madwon square Was.also adopted. ‘The resolution from the Board of Councilmen appro- priating $20,000 for the celebration of the coming Fourth of Jily was, after considerabie discussion, laid over, A resolution from the Board of Councitmen empower. ing the Hudson River Ratif ad Company to use steam dummy engines on the Eleventh avenue and requiring ‘a license fee of $50 on each engine, was next brought up and after a stormy debate was adopted. if The Boart adjourned to meet on Monday at two o'clock P. M. BOARD OF COUNCIIMEN. The Hudson River Ra a Company Lie censed to Ran Locomotives on the Elevouth Avenue. The Board met yesterday morning at half-past ten o'clock, the President, Mr, Brinkman, presding. After the minutes of the previous meeting were read ‘and approved, resolutions were adopted in favor of paving Mercer street, Broad street and Thirty-third street with the Nicholson pavement. The following revolution, which was preented at the last meeting was called up, and occasioned considerable Permission is hereby granted to the Huds C to continue to ran thelr loco~ epot at Thirtieth street, during the conth 1 tr charter. Resoived, That permission is heredy granted to the Huds fon River Raiirod Company, during the rontinuance o ngines’ to draw their cars nd freight stations in (be mn that they pay in each Fear (or. each of said engiaes used by them necessary Resolved, That so much of the rece Board of Aldermen November 22 1+ netlmen December 2, 185%, and a 18. 185%, as relates to the ru » won Kiver be and ty And repeaied. Mr. Hawny Mcnear spoke in oppolition to 1s adop- ton, Pemarking that he did not agitate wis matter of running the steam care on the Elevent avenue while Fy Fj ete 2 24." = 2 Bie s 3 ee ee ea sn OR eS the Legislature was to session, lest the Hudson River Railroad Company might bave secured the passage of an act which would authorize them to ran steam cars oa ) im spite of the ordivavoes of the Common Mr. W. B. Roserts was not averse to permitting the company to run their locomotives below Fifty-third street for the present, but he was opposed to grantivg them « perpetual charter to run them beiow that point. A‘ter some further debate the resolution was adopted, fourteen voting affirmatively and soven negat vely. Mr. W. B. Roszars claimed that the resolution re- uired nineteen votes to adopt it, and appealed from the decssion of the chair; butthe appeal was not sus- The Board adjourned till Monday, COMMISSIONERS OF THE SINKING FUND. ‘The Commissioners of the Sinking Fund held # meet- ing yesterday morning, Mayor Hoffman in the chair; also present, Comptroller Connolly, City Chamberlin Sweeny and Alderman Loew, Chairman «af the Aldor- manic Committees on Fingnce. 4 communication was received from Benjamin F. Manierre, Treasurer of the Board of Excise, as fol- lows:— To ram Muraoroisraw Boarp ov Excre:— she eee y apace that ae rhe {9 mado the duty of the Board to my ‘over monthly 0 if the Commissioners of the Sivkin; ind of the city, after making all deductions and, expenses, all sums re- Neenses avd fines in the county of New The amount received for licenses granted and delivered in New York from ‘April 25 to May 25, one month, is. 188) iD a formal demand upon the ‘Tressoret fora the amount collect:d and for the immediate payment of the amount to the Chamberlain, As the law docs not authorize the Treasurer to act in the premises without ee order of thé Board, ne has declined to respond to statemont of call of the Commissioners. BENJAMIN F. MANIERRE, ‘Treasui rer Board of Excise. New Yorn, June 10, 1867. ‘Alderman Loew offered the following resolution, which was adopted :— Resolved. That immediate legal procecd'ngs be taken on bebalf of the Commissioners of the Sinking Fund (under the direction of the Comptroller) 10 enforce compilance by the Excise Commissioners with the requirements of the County Tax levy tn respect to Heenge moneys, sald commis. sioners having declined to obey the law without litigation. nee following letter has been addressed to the Comp- jer :— Ovrics oF Mutuororrtax BOARD oF ae" No. 301 Morr Street, New Youre, June 14, 1867. Hon. Ricnarp B. Coxxonty, Oomptrotier: SIR—At a meeting of the Motropolitan Board of Ex- cise, held at its office on the 13th day of Juno, 1867, it was Resolved, In answer to the demand from the Commis sioners of the Sinking Fund of the city of New York for the payment of certain moneys recelved by this Board as excise fees, that in view of the litigation pending relative to the law under whieh said demand ts made, this Board deema it to be its duty to decline such payment, except pursuant to au order of the court for its protection, and that it wiligdo all in {ts power to facilitate the obtaining a decklon ofthe court on any apphieation that may be made, and that in the meantime the Treasurer of this Board tranamit to such Commissioners a copy of the report made to the Board this day reiative to such moneys, EMMONS CLARK, Secretary, The meeting then adjourned. THE BOAMD OF HEALTH. ‘The Board of Health held their regular weekly meot- ing yesterday afternoon, President Schultz in the chair, The Sanitary Committes reported in favor of tho ap- pointment of the following gentlemen as Assistant Sani- tary Inspectors:—@, P. Wright, for Newtown; J. H. Rooley, for Yonkers; A, B, Ketcham, for Harlem; E. H. F. Elmendorf and J. H. Alien, for Brooklyn. The following weekly report of the Sanitary Superin- tendent was read and ordered on file:— Ornce Sanitary 81 N ye J qi pt respectfully to re) ry it weel the Sanitary Inspectors of cities of * Brooklyn hove ed the fall wing 1 mise Fe 0 rs 01 private dwellings, 4 bre 4 ime kilns, 1 ate markets, ¥ slaughter hou ts, 2 bone and offal balling es horse stables, 7 cow stables, vacant courts meats, 12 cisterns and ce: waste 214 privies, 36 streets and street basins, these ins] u distillery, 1 dis- 4 fat meltin en! 2% sunken sud and draini in the course of aud reported upon tenement houses, 87 private dwellings, 4 manufactories, 4 lime kilns, 1 awit! and offal establishment, 2 bone boiling establishments, 9 work shops, &c., 7 horse stables, 7 cow stables, 2 13 sunken and vacant lots, 23' yards, sourts a sand basement, 7 i streets, view. ‘The f ria have ‘boen, Tee number, #82: ponitive, 470; negative, 70 rey 5 ou a hunber report forwarded for ordars, of negative reporie forwarded, 10; number of general re porta forwarded, #2: number fetained for notices 130, premsioes reguicing which spacial otiere Woden ae net a ng, which special Grdere wader tue Eianse of the fourteenth section of the Health law Imad pres viously been served, and huve reported whether sald oreere have been complied with or not. ‘Their recurns show toat 14 have been complied with, 19 partially, and not complied with 67. Captain Lord, commanding the Sanitary Comj of tho Police Lon poms po) returns ss orders for: the ba ment of nuisances seryed ros also si ‘882 orders previously served as complied with by ow: 4 and 365 not complied with. The execution of the latter haa been directed by the Board of Polive. Major Bosworth, in charre of the Complaint Office, re- turns 180 compiaints received from eltizens since last report; all of which have been referred to medical inspectors for et oe oak the practictt f this uring the past weel ing physicians o! city have reported to this office 296 maneee infectious di wv eases, of which 29 were fatal. The fotlowing table ind cates the localities where these a ‘have occurred :— se pe ie Va Ward. Typhun Typhoid Meas “tines rida therla. mlitittetl sil cc) sassressatal Kee MTELEL REEDED teat TI wal LEP coromaaol ml Se] covomtorom beelemet ELLE LLLLLEL 3 2 = 7 3 - 8 a 2 - Very respectfully. your obedient Ory FeapecD. B. DALTON, sanitary Superintendent. Applications to slaughter animals wero received trom twenty-five hier house owners, whose establish. ments are above Forty-second street, on the east side of town. The applications were THE GOAAD OF EXCISE. The Board of Excise met yesterday afternoon, Presi- dent Schultz in the chair, Commissioner Acton reported that since the last meot- ing of the Board the Committee on Applications had favorably passed upon one hundred ahd seventy-six applications for licenses, making & total since the lst day of May of five thousand eight hundred and fourieon Hoonses granted. The action of the Committee was ap- proved. ‘The Committee to whom the petition of Joseph HL y, asking for an abatement in his license fee for the carrent year because, owing to the numerous injunctions granted by the courts he did not during the year 1866 obtain that advantage over unlicensed persons which he ed whon he paid for his license for that year, ol That it le undoubtedly true that the petitioner, as well as many others similarly situated, suffered a loss by reason of the free traitic in liquors consequent upon the numerous injunctions granted in the summer of 1966, but that loss was in no sense the result of avy action on the part of this Board. On tbe contrary, the Board resisted that action as far as jt iegally could, aud pro- cured its reversal at (he carijest possibio moment. The Board having thus dove ail in its power, cannot property or equitably be held iiable for toss caused by the acts of others, The Board js not an insurer that no unlicensed person shall sell 'iquor. T xtent of tts obligation is that it ehall do all in its power to prevent unlicensed persous from sellinc, and this itdid, There is another technical reason why the of tho petitioner cannot be granted :—Having paid his license fee for the current year, there woul! seem to be no ja the Board to refund it. We recommend that the prayer of the peti- toner be denied. THOS, C. ACTON, @ BF. MANIPRRE, JAMES CRANE. OBITUARY. Judge William H. Ly: Tne Richmond papers reach us in mourning for Judgs Lyons, one of the most prominent and popular citizons of Virginia. The deceased expired at his residence in Richmond, on Tuesday aftern o'clock, after @ severe iliness of typhoid fe fon of the Hop. James Lyons of this city. He was born im May, 1831, and had, therefore, just entered upon # thirty-seventh year when be died, He went through collegiate course at William and Mary College, and afterwards graduated at the University, He chose the profession of the law and studied under his father, He went to the bar at on early age, and marriéd in 1866 ughter of John G Hobson, Ksq., of this city. In 1860, notwithstanding bia youth and the great ability of the Richmond bar, be was elected Judge of the Cour: of Hustings of the cny of Richmond. He Billed the office Until ite suspension at the close of the war. Upon the Testoration of the court he was ite Judge, in Ja'y, 1965, without opposition, and continued in the office to the time of bis death, L committee, Hon, Isanc Newton. This gemtioman, ,tre United States Commissioner of ‘Agriculture, died at the residence of his son, im Washe ' March, 1800, and was from bis earliest days en: agrloultural pursuits, Many years ago he removed to Delaware county, Pa., where he owned a farm, to tite cultivation of which ho appiied himself until August, 1861, when ho was appointed Chief Clerk in the Bureau of Agricaiture, In 1862, Mr. Lincoln appointed bim Commissioner of Agriculture, which pomtion he held to the time of bis death. Mr. Newton was en, es. teemed as a polite and affable gentleman. He had been ailing for some time paren his end was not con- sidered near at hand until within a few hours before he THE COURTS. UNITED STATES DISTRICT COURT. 9 Champagne Cases Continued. Before Judge Blatchford, ‘The Undied States vs. 3,109 Cases of Champagne Wine.— ‘Thetrial of this caune was resumed yesterday morning at the opening of the court, The reading of the depositions of the parties residing in Rheims, Germany and France was continued on behalf of the claimants, Edward Weiland, chief clerk of the firm of Piper & Co,, was the first witness placed on the stand, His testimony consisted principally in relation to the business, grades of wines, and matiers appertaining to the a wines. The question as to the amount capital invested in the business was objected to and objection sustained by the court, at which stage of the proceedings the cross examination of the witness was temporarily suspended, and a witness for the de- fence placed eps. the stand, Mr. Weiland was again recalled, and after further testimony Mr. Edward Laech- ‘timrath was called up, The examination of this wit- ness elicited much amusement, and relieved the dreary monotony threugh which this case is dragsing ils slow length along, The court adjourned til! eleven o’olock this morning. UNITED STATES CIRCUIT CIURT. Arraignment of Pri re. Before Judge Shipman. On the opening of the Court yesterday morning Mr. Joseph Bell, Assistant United States District Attorney, called on the case of the United States against John Cut- ler. ‘The prisoner, through his counsel, Robert N. Vail, withdrew his previous plea of not guilty and pleaded guilty. Counsel, in mitigation of sentence, stated to the Court that bis client had been made the dups of other parties, who had devised a system of extracting fraudu- Tent paymonts from paymasters. Since his arrest the accused had given valiabie inf »rmation to the govern. ment which will inevitably lead to the arrest of the real oltenders, Judge shipman—What is the offence charged? Mr. Beli—Prezenting forced final statements to pay- mastera for the parpose of procurmg money. He con- ceded to counsel on the other side that there were miti- gating circumstances in the case that might jusuy be taken into consideration by the Court, Judge Spipman—Tho ligutest sentence provided by the statute is imp ent for one year. I therefore gen- tence the prisoner to ond anne imprisonment in tid Penitentiary on Blackweli’s Gland. Jobn Haley and Henry Deitrich, charged jointly with uttering counterfct national currency notes, withdrew their plea of not guilty and pleaded guilty, Senieace at their own request deierred, “SUPREME COURT—GENERAL TERM. The Execution of Jeremiah O’Brien Fixed for the 9th Day of August. Before Judges Leonard, Clerke and Welles. The People of the State of New York vs, Jeremiah O’Brien.—Yesterday morning Jeremiah O’Brien, who was convicted of the murder of his mistress, Kate Smith, allas Lucy McLaughlin, ina house of ill-fame in Prince street, under circumstances of peculiar atrocity, was brought before this court for re-sentenc>, the judg- ment baving been affirmed at the April term of the Court of Appeals, The prisoner was brought into.court by Sheriff Kelly and a deputy, aud appeared to evince little concern regarding tis awful position. He con- versed {reely with the officers having him in charge and beckoned familiarly. almost smilingly. to a person with ‘whom he seemed to be acquainted and desired to speak. Upon the Judges taking their seaison the bench Mr. Justice Leonard aa tan pare spacer Hall pied iat reparcd to ter jeman re} u @ wished to wat a few minutes for the arrival of ex-Judge Stuart, the mrisonet’s counsel, who had been duly notified After waittog a short time, the prisoner's counsel not appearing, the prisoner, ied by Sheriff Kelly, advanced to the front of the ch and ‘took a seat. ‘The District Attorney then stated that he moved for the re-sentencing of the prisoner O’Brien on the remittiiur from the Court peala. The prisoner had been once sentenced, but the date fixed for his execution having it 10 necessary to Ax tho day anew. O’Brien then stood up, his bendcuffs ie ag nad ee een and looked firmiyat Mr. Ji ard, who them proceeded to pass sentence, as O’Brien, one year ago your “victim was alive and in the full enjoyment of beaita. wien 2 twelve ths aco you took the lifeof Kate Smith, You were indicted and tried for that crime at the Court of General Sessions, where, after a ‘air and impartial trial, and being supported and defended by eminent counsel, you were convicted and sentenced to suffer the extreme ee. of tte law. By tae mercifut decision of that law which you so violated, you wore permitted to take an appeal to the General ‘term of this district, There, afior careful consideration, the jadgment was affirmed, and a still turther appeal was tuen granted to the court of last resort, where the jad:meut was again affirmed, ‘aud where it appeared there was no reason why you sbouid bave ww trial. She law makes it our duty to desigvate the day upon which your mortal career shall terminate. You remember the circumstances ig the death of your victim. She, on her koees, implored you by all that is. held dear re her lite, Sho not only im- Plored you for the love you bore hor, but for the love you bore your mother. Your heart was deaf to all appeals of this nature, She sprang trom you, and you pursued her, and plunged the knife almost through her body, causing her instant death. fhe murder was an atrocious one, and you can expect no mercy in this world. I would counsel yoo now to turn your attention to the world to come, Seek Ma earnest © tion im that other world the mercy which you denied to your vietim hore. Let your mind revert to that subject, ant Tememaber that, thouzh you gave no ear to her pleas for ‘mercy, there is aa. ear ‘which will be open to your on- treaties. The inw requires me vow to fixaday upon which your execution shall take piace, the dy originally fixed having already passed. Tneseutence of the Court is that you be taken hence to the county jail, from * whence you came, and that you be there confined uniil the day of your execution, which is Oxed for the 9th day of August next—Fridayeand that you be then con- ducted to the piace of execution, there to be hanged by the neck until you are dead, aud may God have mercy on your soul. er maintained a steady demeanor through- out the delivery of this impressive sentence, and averted his eyes from the face of the Judge bu: once. At its ol his manacles were replaced, and in com) avy with the officers he waiked briskly out of the-coart room, and entering @ carriage, which was in waiting for him at the door, was driven off to the Tombs, His coun- sol, Mr. Stuart, appeared in court iinmediately ater the préecedings had been commenced and spoke for a few ements 0 the prisoner prior to his departure. O'Brien ‘appears much improved in physical appearance s his trial at the Court of General Sessions, being affpa- oa | eae and in better sp rits than could possibiy be anticipat It 1g a somewhat singular coincidence that he was re- senienced pecereaty, one yoar subsequent to the day on which be mu: his victim, SUPREME COURT—CHAMBERS, nies Have no Ri Before Judge Barnard, Tha Mayor, Aldermen, dc , vs, The New York and West- chester Railroad Company, — Roosevelt va, Same.-—This is the case of the Raiiroad Company which it will be re- membered attompted to lay a track for street cars in Pearl and other streets of this city for a projected line of railroad from Fulton street, at the Bast river, to Wostchester, They were restrained from proceeding with the work by an injunction granted by this Court in November last, on application of the piaintif! Roose- Voit, and a subsequent order of restraint against them was obtained by the Mayor aud Commonaity. A mo- tion was afterwards mace for the dissolution of theese injunctions, and the following opiniog. was yesterday Tendered by Mr, Justice G G. Barnard:— T cannot ses that the defendants, tne Railroad Com- pany, have any right to lay their tracks in any of the streets of New York without aa act of the Logisiatere, They a1 expressly forbidden by iaw from proceedin, unless they have the same authority as ali the of Tailroads have, Toe motion to dissolve the injunctions is denied, with $10 costs, SUPERION COURT=-THIAL TERM+-PART 1, The Furth Gunpowder C Before Judge Jones, Rudolph Furth, an Infant, by his Guardian, vs. Thomas Fosier.—This case, in which plaintiff sues for the recov- ery of $25,000 damazos for injuries resulting from the alleged negligence of the defendant in ordering some gunpowder to be thrown into the Bast river in-Nover- Der, 1966, was resumed yesterday morning. The defence endeavored to show contributive negligence on the part of the plaintiff, and elicited in evidence that come por- tions of the powder had been thrown from the cart by the man Gordon while pasving torough the street, This the children picked up and threw into a bonfire with ‘whieh they were amu themselves. An e¢xplosioa nity, Ago, The Court charged the jury ¥ ject of negtigenre, It was for ‘there was negligence on the part of the defendant in di- Pia the powder to be carried 1 manner in whieh | went to irialand the jury disagreed. | Postponemett of the onse was asked ee the group and not having agreed u, dict at the time of ad~ Jourament they were directed we retura a sealed verdiot this morning, SUPERIOR COURT--SPECIAL TERM. The Bishop Diverce Case Again—Motion to Settle Ieeu Before Judge Eleanor F. Bishop va, Nathaniel C, Bishop.—A motion was made yeaterday beforo this court for the settlement of issues for a trial of this case bfrore a jury, The éacta of the case, 90 far as they bave been developed, already been fully reported in the Huratp, the c having been commenced last summer, The motion wa opposed by counsel for the defendant, Nathaniel on the ground shat three suits which have already brought had been discontinued, and that the presen! suit could have been brought on for trial m March, bi was delayed solely by the plaintiff. The case already been noticed for trial at speoial term, and that it called the plaintiff had it set over. if brn etek Me plaints right to trial vrei and if the motion was granted the trial of the case R be further postponed until the October term, and the defendant in the meantime would be compelied to con- tinue the payment of alimony, —Plaintiff’s counsel con- tended that the alimony was not a sufficient reason for defendant's objection to the delay, it being a lesa sum than the defendant had actuatly offered to pay affording nothing more than absolute necessities for thd maintenance of plaintiff and ner child. he Court deaied the motion, on. the ground that the application was made too late, Strictly, the plaintit ‘was entitied to atrial by jury, but the bench was op. jozed to trials before pion ia actions for divorce arisi tag alieged adultery, To maintain her right plaintiff must follow a t practice, By noticing th trial for a certain day at Special and ’ down tor such time, tne right had been waived, but tte. delay which bad occurred was, independently of ‘his, aad For the plaintiff, Mr. Glassey; for defendant, ir, Dyett, ‘g BANKRUPT COURT, Tho petitidns of the following named parties were yes: terday filed im the office of Chief Clerk Wilmarth:— | Jotin Palver, Hudson, Columbia county; Edward Pi’ Maxzoon, counsel, Augustus A. Bliss, New York; George | W, Lord, counsel, ; { COURT CALENDAR—THIS DAY. | Supreme Covrt—Guxuna, Teaa,—Celendee un. | -changed. ' Cructrr—Part 1—Short causes.—Nos, 2555, 2125, 3279 8881, 1867, 3937, 1653, 1647, 3111, 3575, 9445, 3893, 1579) 1737, 2015, 2057, 3271, 3757, 3825, 3917, 3965, 398) 4013, 3109, 4233, 4033, 3001. Part 2, short causes, — Nos 663, "3374," 3263, 9750, 3362, 3720, 1244, 9576, 2606 | 8730, 3804, 8444, 3962, 3950, 4002, 4014, 4018, 3400, 664 1800, 2774, 2.83, 3976, 3436, 3580, 3016, 3788, 8762, 3810 | 3840, 3350, 4004, 8950, 4032, 3940, 2046, i Sreciat, Tria, —Nos. 248, 284, 245, 49, 63, 201, 251, 232 | 257, 258, 259, 170, 171, 194, 195, 212. 217,'231,"243, 202 268, 267, 268, 269, 270, 220, 142, 214, 249, 361, james, ~Nok 60, 81. 82, 84, 100, 110, 112, 124 | ist, U6, 143, 197, 201, 202, 213, 218, 251, 233, 238, Scredott Covur—Tkuw Terv,—Part1.—Nos. 8132 2637, 1723, 8584, $223, 2929, 2047, 8099, 8023, 3221, 277 2411, 3185. Part 2.—Nos 3226, 8224, 3204, 2296, 8284, $304, 9042, 100% 3850, 82, 8354, 3060, 2304, 3868) BROOKLYN COURTS. UNITED STATES CIRCUIT COURT—EASTERN. DISTRICT. Before Judge Benedict. At the opening of the court yesterday Assistant Unite: States District Attorney Allen moved that the trial of th judictment against Frederick Monaghan, for illicit ais tilling, be proceeded with. The accused, however, wa | sound to be absent, and in view of this fact his bond were forfeited and a bench warrant issued for bis arrest The same action was also taken in the case of the Unite. States against Michael McCarthy, indicted for illicit dis ME chatged’ with 0 similar fence, Waa, postpone ts al a simi nce, Be Gemontwi ‘after which the jury empanelled wa | discharged for the day, and the court UNITED STATES COMMISSIONER'S COURT. The Charge of Manslaughter Against Captair Chas. Potter—Examination Yesterday. Before Commissioner Jones, ‘4 ‘The hearing in the case of Charles Potter, Captain 0 | the bark Eagle, who is charged with having caused the death of one John Emery, cook and steward of the bark , onthe high seas, by means of assaults committed 1 different times, was commenced yesterday morning, | half-past ten o’clock, before Commissioner Jones. i Frederick McDermott, the complaining witness, ws first called to the stand, and testified substantially ; follows:—I was an able seaman on the bark Eag’ between December and January, 1866, and now resi at No. 170 Madison street, New York; the vessel wi bound to Cette, France, and left New York on the 12t| of December, arriving at Cette on the 24th of January the deceased (Emery) was cook and steward; ov the 194 or 20th of December Emery was aft the mate! dinner, when the in told bim to put the dish dowa on the deck, which he did; Potter then knock;| bim down, kicked him while down, and after’ got up struck him agaii wee wheel at the abous. fifty or sixty feet fro: them; about four strike bim again; i was six \ morning, and ir called the steward ap and beat hi: with the rope’s end, 1 am sure, until he was tired; bt fe ‘was beating him six or eight minutes; the third time 8a tier beat him I at the wheel, and havin beateh him wntil he became tired be handed him ov to the mate, who in turn beat him pul Potter told bis this occurred two days after the second beating ; the de after this I beard Emery below Syi3g out, “Oh, let yr 60; for God's sake, let me go!” T saw bim go into J. cabin, where ue remained ten minutes, and when | came Up be was bieeding from *he nose, ears and moutt’ he showed me his body, which was black and biuo; som two days afterwards tho capiain ordered the mate 1 keep Emery on deck and give Lim whatever bara wor, there was to do, and make hinwy pump out the ship; tw meu are required at the pap for any length oi time and Emery wes at the pump four hours; he was nc able to raise his arma altorwandss ‘on another occasio the mate knocked him down on the deck and put handf! of dirt¥ provisions down his throat; E: died on the 12iu of January, after being emhs hours off wor his Dody was thrown into the sea; death occurred t1 days after the Captain bad beaten him the last time an tweive boors after the mate bad beaten him. This vesse! arrived at New York o the 24:h of May, and 1 left it avout a week a(terward: wade this complarat adout tue 91h of Jane; the Cony came aboard a: Palermo, and I went into the cabin, bi didn’t sien any paper; ho heard my statement, as did too Cap: at Cette I went to the Const aod be ask told pim; I any complaint of this vesrat ship was leaky, bad diet and bad usage; ve at Palermo for the same reasons; th’ capt deck might bave done it; T'was taken itto the cabi found, among other th: in bis possession. held to answer = SUPAEME COURT—KINGS COUNTY—CIRCUIT. A Stock CasemHeavy Verdict. Before Judge Barnard and a Jury. Aare 4, De Grawe vs, Jos, H. Etmore.—The pai Ud, Mr. De Granw, sued to recover the sum of $! which was paid by him to Mr. Bimore dor stock « Mauoning Coal Company uponthe alleged false rep; Seutation, as alleged, that the stock was to! worth seventy at least, but rally proved to bo of Value whatever. At the iast term of the court the o On this trial that connse! were elsewhere i@ Honor rq fused to posipone, Mr. De Gravy gave bis test:mon upon which (he jury rendered & Ferdict in his favor f. $9,822, principal and COURT OF APFCAS, Amany, Jane 20, 1867. The following 9 the day ralendir of the Court of & pe! for June 21:—Nos. 154, 155, 156, 187, 159, 160, 16) 62, 168, 185, 16594, 160, 167, 14, |6, 16, 162. THE ERIE AAILWAt EXCUASIONSTS. t. Burrito, June 20-1 P. M. The Erie Railway excorsioni+'s arrived in this ~ X Pall grening st rever o'clock and proweded to Niagara ‘They returned this morning end opted the bcepieal ‘tués of the Queen City, Thirty Caagen in waitin, woe ee aroui tne orth te left at twely ° noon) by a train a vs scalp all’ OI mtva on thei |, MASS., ELECTION (OR MAYOR. TatwToy, Mad, June 20, 1967, Connefl last evening i ta Plate OC ELE. lenaett nce, ‘da the fifth ballot. Rbodes 12.