The New York Herald Newspaper, June 23, 1867, Page 8

THE COURTS. GNITED STATES. CoMMsIONER'S COUT, Another Distillery Case. Before Commissioner stilwell, Throe men, named respectively Chrietopber Flex, Poho Fleck and Honry A. Hildebrandt, were yesterday Drought before Commissioner Stilwell charged with Knowingly exercising aud carrying on the trade and ‘Wwusmess of distillers without paying the special tax re- 4 by law. From the statement of Deputy Marshal hn Robison it appeared that the accused had been eonnected with a distillery that had been seized, aud which was still in the hands ot the revenue authorities ; Jhat from information he received of the nocturnal ope- rations of the parties, he on Thursday night, with othor efficers, entered the disti#lery, and there found the de- fondants busily engaged. at work raumog off the stud shat bad been On the premises at the time of seizure, Oo (he affidavits presented in the case the Commissioner held the parties for examination on bail of $1,000 each, whtch was given and the partes discharged from custody. SUPREME COURT—GENERAL TEAM. The Bonrd of Health and the Butchers’ Ap- phication for fvjunction to Restrain the Re- moval of Slaughter Houses. Before Judges Leonard, Clerke ana Welles. Solomon Schuster vs. The Metropolitan Board of Health. — ‘This case came before this court yesterday on a motion for injunction to restrain the Board of Health from abating or causing the removal of the plaintiffs place of Desiness. There are seventeen of these cases now pend- img, of which number this was selected as the test care. ‘Mbe plaintiffs in each casé are butchers, and own and conduct slaughter houses in various parts of the city, ‘Mat of the plaintiff above named being situated at No, 390 Stanton street, The complains sets forth that the plain? carries on his business at the above pre- mises; that such business is carried on with great care and cleanimese and with proper segard for sanitary considerations; that on or about May 16 an order was issued by the Board of Health directing the abating and discontinuance of the business of slaughtering catile on the plaintiff's Premises; that on the 25th of May this order was served, ‘end that on the 6th of June an order was issued di- secting the poites to execute the order, and that plain- 1u” bad been afforded no opportunity of being heard in Sppostuion to the order before its issuance. George Bliss, Jr., and Mr, Baton appeared as counsel for the Board, and James M. Smith and Waido Hatch- tgs for the plaintiffs, Mr. Bligs proposed that all the eases should be argued together, a8 the majority of his affidavits were drawn in such a manner as to apply to ‘the peculiar circumstances of each case; but upon ee on by Mr. Smith it was agreed that those relating to ‘ali the cases should be considered as used in each case. Mr. Bliss then read the report of Dr. Dalton in relation to slaugiher houses, dated April 20, which has been al- ready publieh-d, aud the following report of Toomas H. Whne:— To Tu MetROPOLITAN BoaRn oF Hxatta:— ?, Thomas H. White, holding the position of Sanitary In. ‘ctor in the Metropoittan Sanitary District of the State of w York, do report:—That on the Ith day of April, 1367, 2 did Jospect, carefully and personally examined (bo pre: ines situated 190 Stanton street, in the city of New York, ani beef cattle and calves, owner Ar. Solomon Schuster, No. 190 jound the facta to be as follows;—Sinugnter house for n street. ‘Phts slaughter-house {s, In my opinton, dangerous to life and detrimental to health for the following reasons :— Férse—Un account of the dese popuiation in its vicinity, to whom the slaughter house proves offensive both from the motxe made by the cattle and calves at night, and especially a the noxious exhalations arixing froma the animals and the small yards and pens in which they are confined, Merron in account of the elfinvia arising from the manure Waxes and the standing wood work, walls and floors of the ‘laughter house, which became linpregnaied with. blood, ‘dung and liquid offal, and which frequent cleansing and ee can only temporanly conceal, but not alto- er remove. Phird—On accountof the tainting of the atmosphere 4ho noxious and offenalve odors arimng from the offai dung %s removal through the streets of the city. Fouth—The coutamination of the public sewers from the JazKe quantities of biood and Hauid offal daily discharged Amo them from this slaughter ich reuder the un- avoidable exhalations from the sewers still more deleterious, ally fo hot weather aud during the prevalence of high whee the contents of the sewers are of set bac {brouigh the streets and overdow the yards and cellars of ‘tenant houses and dwellings which have drains connected ‘with the street THONAS Il, WHITE, Sanitary 1 Avni 18, 1867. . ations 6: After the reading of the order of discontinuance of ‘the plaintiff's business, Mr, Eaton stated that he desired 4o raise an objection to this proceeding for injanction. ‘The Board of Health ee ane the judge jamtif. The plaintiff pad been afforded the opportu: = hearing before the Board under me re the statute, but had neglected to Counsel contended that the jadgment of the Board coi only be reviewed on cortirert, ‘and the present proceed- tug by action could not lie. point was reserved by ‘the court, proceeded to read a most formidable array of atiidavits, of which the following are extracta:— and Coun New Fe .—Jackson 8, Sel being sworn, says that the re it of the wa Nita Board of ib many years past he has Stientton to the business of slaughtering animals, eacarrict a So ae rk, and of @onds bus in that practical! SSantors are careful egiordinates witt tion of offensive aud filthy substances, to escape into the strect sewers or gutters, which ia exceed Ingly uvbealthful. Deponent further says that among the Practically necessary accompaniments of slaughter houses are the following which are, he ts informed and believes, detrimental to health:—Tho catule now ro city are wild animals from the necessarily drives abe screets to the several slaughter house@; that pri: —, of the ordinance regulating the ours during which ecausle might be driven many accidents occurred from those causes, as was pro ta the case of Cooper in the Common Pleas in the summer of 1866, and that Since that time complaint is constantly made that the driving ts accom. panied with danger to life, some o/ the butchers having even gone so Tar as to represeni to the ture that there was ‘more danger from driving in the evening than at any other Aime. After the cattle arrive at the slauzhier houses they fare Kept in yards or pens which are very inadequately veu- ‘Wilated and’ drained, and which constantly become filthy when slanghtered, much of the blood and entrails escape into the sewer if (here isa sewer conuection, [thas been esti mated that from the five thousand cattle, and perbaps four ‘times that number of smaller aniuals which are slaughtered Mo the city of New York weekly, not less than two Dandred to three hundred tons of this objectionable mat. worenters the sewers. That deponent has seen the men and bore Puahing these eutraile into the-sewer, even when they adnaitied that they had been forbidden by their em- re do i. That this maw t become offeusive, is 4 ngs » owing facts: Many Of slaughter houses, in- fuding several of those pg to the plaintiif in these actions, comuusicate with Houston sireet sewer. During Jast summer the 0% ‘of this sewer in the East river be- came sp of eneire from the matter oD boats in that vicinity. On examimn- that the offence was caused by the masses ls, offal aud other substances bro Oa 5 which rare oer and ath of the sewer, but were oot whoily In a similar way it was found on the mouth of the sewer at Thirty -s1ny Boo ie wan f Ee med a} thé wo carried of by the tide examination at street ou the North river, with which many slaughter that of arm: ere cofnected, there was a om.lar offensive matters covering balf an acre and many feet and thet ‘he stot was coining out from the sewer when ent aw at. Deponent further ears that by mo means all of this offea- sive matter out from the sewers, it tbat much of It Ss race eegeen: bering. a emer connecdon which |. Deponent fui that | 7 of the alaugmter hou: Tend substances is man. see the fat, offal and substances ether than what is used for food are allowed to remain be- fore removal s0 long a8 to become offensive in the stronzent geenee of that end that, when removed through the streets, the effect is most injurious, as these are ofien found filled with ‘and ina state of entire ion, Depouent further says that these have led large num- ‘era of persone resid : hear slaughter houses, fuciadi plain jerein, to urge upon the Board. of he propriety of compelling the removal of alt such establiehments from the built up portions of the city, ‘that there representations have been mn Dy letters and by petitions, that the +o remoastra: ing in the vicinity. aod Ling were most tants poreeas not generally, ners, th rofessed atwillingwess to aid in accomplish: very frequently, may of them pi $og thie end by adidavite or eridenoe, walle ohere were un. ling to incur the hostility of the butebers by Raviicly ap. pearing agniost them; that since the re herein were aerved a sufficient ume hae not elay epabie the afi davits of many of these persons to be procured; that the petition and al@davite hereto annexed have been received ‘Bince these pr ings were commenced. Deponent further says that it was the belief of the Board of Health that the business to 5 would be ao mitigated that it could be allowed to be carried on in the thickly populated portion of the elty fora time Without injury Ww health. But thatthe experienes of a how’ that unless an odicer is very slaughterhouse this ea ‘Tbeir s.berdinates are pot, and the proprietors themselves Wii often, on compulsion, Slean up their establish meut and f doing their business only to allow sta! efor, nee of (he business tue city ts not a ne we been crecied at various poinia upoa ihe water in the vicinity of this cliy abattolrs o la if houses, where the process is conducted In wach manner as to be offensive Ww no One; that these extablish- y large to do the entire business of the one of these is aituated at Communipaw, New d at the foot of U1 Hundred and Sisin wer; that the Butchers’ Association, composed of the leading and influential butebers of the city, Dave arranged for the act another at Forty! Sith street and these establishments on of hi there of to procure their antmais killed there; that as the relative expense responsidie p Rave propored to do tbe slaughtering and dressing at these Places (incluting the delivery of the meat at the shops) at @ less price than that which tbe butchers say Mb now costs them. je vent further says tl all the slaughter houses in the cliy of New wonty of them are ted Fort ou atta ated below Forty-seron. pear une river, and that all of these Iacter it up and densely of the city. JAOKSON 8. SHULTEZ. Populated sections ’ ae Juve 17, i867, before me—Haner C, ALLEN, Nowry Bie A lettat from Chas. E. Emery, dated Novelty Iron ‘Works, April 20, 1866, was read, cailing attention to the et street nay ~ Tgl aver inspection ie oe mi made by the officers of the Tas fotlowing is the report of the Assistant Sap! jowi 0 nt Sani 9 owing tary bah Borsgrousay Doyen, ce Masten ~ pn ES sieed eet, Ss follows — The ti wwe, we C aise In the giv, Wrovad which NEW YORK HERALD, the blood, offal and Mth of Wer houses of the city, ie, ast river consequence are not curried off, bul slips aad about the adjacent piers, upon which the ferryboats and forming banks of Slt other vessels ground, at even ordinary low tides. The ferry company, who suffer most from this trouble, are obliged to dredge out this filth once @ year to enable their boats to reach the ferry bruige. ‘The privies of the ferry company are unawoleably, pulll Gieeelly over U crane. at int Aye water im the slip, and for some. distance arow colvred red by bli ba from the daughter houses discharged through the sewer, Owing to the fa renle at this point, especuilly al Of the show exposed ‘ato corered w cow odor Is very offensive and intolerable. have bought an nd to @: further out into the river, which will relieve thei in same measure from the effect of this nuisance, now so gréat as often to drive the passengers from the sitting rooms. But the nuisance will remain and should be remedied, whch may be done ing Out the sewer to the end of the Opes pler, where its contents will come more undar the influence of the tide-way, or by extending Houston street and the sewer with it further out into the river. The ore- sent condition of the sewer ts dangerous to life and detri- mental to health in my opinion, An affidavit made June 18, 1867, declares that this state of things still continues. An affidavit of Thomes H. White follows, stating that he bas frequently ed tho slaughter houses of the plaintiffs, Shuster, at 190 Stanton street, Strausa, 171 and 173 Stanton street, and Goldschmidt, 177 Stanton street; that the premises of said plaintiffs are not kept in a cleanly condition, the standing woodwork and the yards being fiithy with blood and manure at the time of the last inspection, and an offensive odor pervaded the promiges; that the locality of these slaughter houses is surrounded by densely populated tenement houses; that, in deponent’s optoton, however carefully the work of slaughtering may be carried on at these places, the Presence of the offal, &c., which must necessarily be in and around the premmses is, particularly in the warm weather, detrimental to the lives and health of re=i- eye that vicinity, This affidavit bears date of June 13, . The following extracts from Deyoe’s ‘Market Book,” among the records of the city of New York, are pre- sented as true and correct extracts, upon afMfidarit of George Bhs, Jr. Under date of June 7, 1676, the fol- lowing entry appeara,—-‘Whereas there is found several! inconvenieneys by the Butchers keeping theire Slaughter Houses in this city, as well as the annoyance thereof to ye tohabitants of the same;—It is ordered yt for yo future there shail not bee any staughter House wthin this city, nor any oxen, Cows, Hoge, Shoepo or Lambs killed wtbin ye same after the frst day of November ext ensuing.”” In the following year (1677) “Itt is ordered that for the necessary and publique use a General or Publique Slaughter House shall be built for the use of the Cytio over the Water, without the Gate” On October 11, 1720, a petition represents “that the Places where tho two staughter houses of the city are now situated, by the increase of hutidings and the num- ber of inhabitants, are not only become offensive to the inhabitants, but dangerous to them; and on December 3 following’ the Committee of Aldermen reported that they were of opinion that they should be removed, &c. In 1773 the place of landing cattle was regulated; in 1781 licenses were required of butchers, and have been over since; in 1789, for the first time, it was allowed to slaughter elsewhere than in the public slaughter houses, Extracts from a report on the importance and economy of sanitary measures to cities submitted to and published by the Board of Councilmen in 1859, tn which shughter houses are mentioned as “nuisances of the worst class,” and gives a voluminous account, by Dr, Jordan Roche Lyncb, of London, Bngland—who bad doen for fifteen years prior to 1847 a resident and practitioner Im the vicinity of Smithfleld and its sham- bies, and who declares that the slaughter houses have a most injurious influence upon the ‘district, genorating fever and rendering the most simple diseases maligaaat, and that they shorten the duration of life. Tho affidavit ot Emmons Clark, Secretary of the Board of Health, follows, vouching for the correctness of a list of nineteen of the most eminent physicians of this city, who certify that in their opinion the existence of slaugh- ter houses in the thickly inhabited portion of the city, when not immediately adjacent to some river, ts of ne- cessity detrimental to health, however carefully the business may be conducted, and that their removal is very desirable on sanitary’ grounds, Next follow tho signatures of fifty other pbysicians of the highest per- ‘sonal and professional reputation, all of whom are resi- dents of this city, and who certify in a like manner, and are also vouched for as having reported such opinion to the Board of Health. The joint affidavit of Jackson & Schultz and Emmons Clark sets forth that no one of the plaintiffs in these actions bas ever made an application to the Boerd of Health for a hearing upon the orders issued against them with reference to their slaughter houses, an had such hearing been req i deponent does not believe that the tering establishment will result in @ pecuntary loss to the ptaintif™is, but, on the contrary, that by removal to some well regulated abattoir, they woald, taking @ year together, save money, and that deponent has manifested his confidence in the truth of this statement by proposing to one o the largest batch- ers im the city to pay him any Joss which should be found, by referees selected by the parties, to have occurred at the end of a year from such removal, Dr. Edward B, Datton, Sanitary superintendent of the Board of Health, and for a long period Acting Medical Inspector of the Army of tho mac, in bis aifitavit sets forth that be has had a large experience in sanitary matters; that the report annexed to the complaints (dated April 20, 1867, and already published) was trae, and that the opinions therein expressed were and are his opinions, and concludes by saying that atter careful con- sideration of the mau of conducting the business of slaughtering animals he is of the opinion that it cannot a sy ina manner which shall not be prejudicial ea 1n thickly populated communities, 1 of tho same would be foliowed by in the city and among its tnhabitants, nd volumnious deposition made by Dr. Elisha Harris, Registrar of Vital Statistics, was read, in which he states that it # part of his daily duty to study and ascertain the causes of deaths In this city and to record returns of the same, The rates of mortality in the population residing in the vicinity of the slaughter houses in the various wards of this city are obviously much higher than in case of districts equally dense in point of population and other surrounding circum. stances, except that of the presence of slaughter houses in illustraton of this fact the following tabular state- ment contained in the igs is submitted: — No, of Slaugh- ity in lat 9 symotic infec ter howses months of 1866 — tions enly, ingpectrd in 1,000 per 1,000 Ward, 1864 and 1866, ‘pop. . inhabitants, u 0 08 0.88 80.06 24 16.69 LST 9. 019 ty wo The Fifteenth ward no slaaghter houses, and the comparative decreaso in the ratio of di is apparent. The affidavit of Dr. Harris to state that from the maps and charts on file in the Bureau of Vital Statistics, the fact plainly ap- pears that the slaughter house districts have been and are the localities in which diarrhooal diseases are very constant and fatal. So manifest has this circumstance become that in all large municipal districts in which sanitary improvement bas been it to be effec ed, during times of epidemics, the localities In which the slaughter houses were found were among the first to attract attention. This was particalarly so in London during the great plagues, where they were so obviously the sonrces of increased mortality that they were ordered to be removed out of tne - 3 Throughout Great Britain and the continent sanitary import from populous localities is admitted, an cities well reguiated abattoir bave been estab- lished and have superseded private slaughter houses, In Edinborg an abattoir has been constructed at Fountain bridge, covering four anda half acres of ground, and has been so successfully managed, and Aforded such excellent facilities to butchers, that every butcher has removed his business into it from the city. By a decree issued at Paris by the Emperor Napo- Jeon L, October 15, 1810, all stanghter houses in the city were ordered to be closed, on sanitary considera- tions solely, and it is believed, by eminent authority, that it has been the means of saving a vast amount of life and health every year, In Belgiam, Switzerland, Prassia aud other countries the slaughtering of ani- mals has been placed under sanitary regulations, and has led to desirablo results, and in other piaces, where the population is dense, they have been exctuded from Inhablied districts aogetber. Mr, Bliss also read a petition signed nomerous residents of the vicinity of the slaughter venoes, asking for their abatement as nuteances. “After all the papers in the case had been read, Mr. smith, for the plainiiit, made an argument extending over an hour and #® quarter, in which he held that, under the act creating it, tho Bont bad not any authority other than the duties and powers of a health officer, the power regulating, he contended, being vested solely in the Mayor and Com- mon Council, The Legigature had not the power to declare anything # nuieince, and certaiuly had not Authority to delegate the power of adjadging a nuisance to any board created by it, Such questions were to be determined by & ry, and the prow ceoding of the board, m Which relief was sought, Was nota process of law. He concluved by an assertion that the proceedings on the part of the Board of Health were oppressive, and were, be believed, in. stituted for the purpose of placing a monopoly of the business in the hands of the capitalists to the detriment of smaller proprietors. Mr, Eaton, on behalf of the Board, replied at great Jongth, ignoring entirely thq reflections cast by Mr. Smith upon Board, an@ maintained that a decision adverse to thé Board of Health will be opposed to the very basis of itd oS aod creation by the legisia- tive authority, \ question of the power of that Board had already adjadicated upon and the con- eae of it@ pawers bad been aftirmed by Mr. uation '. A ‘cooumen Will probabty be rendered July 18. UNITED STATES DISTRICT .SOURT—BANKRUPTCY BRARCA. Ralee and Forms of \"receeding in Bank> ruptey for this District. Ap order wae iseued by Juda.’ Biatebsord yesterday prescribing rules and orders governing proceedings In bankrupicy in this district, The foilowtng i# an ab- stiact :-— First—The petitions in volun'ary bankruptcy of per- fons who have resided or carried on baainess for the six months immediately preceding the ling of such peti- tions, or for tie longest period durimg such time, in thia city, sball be referred in rotation, in ihe order of the time of filing, to the Registrar in this city, com- mencing with the Registrar tor the Fourth Congres- sional disirict and ending with the Reg sirar for the Ninth, In similar cases outside of the city the reference sball be to the Registrar of the district im which the peti- tioner has resided or done business, as above. A petl- tiou may be otherwise referred for speoial r:asons, or in cases not herem provided for, In involuntary bank- ruptey the reference will be governed by the circum- stances in each case, The day for the ationdance of the bankrupt before the Registrar in voluntary bank- raptos, and the day for the m of creditors in involuprary fener | will be fixed with reference to the speedy progress of the case. en etek no ‘assignee ts chosen by the creditors at their first meeting, oF an assignee does not accept, or a varancy exists, John Sedgwick will be appointed assignee, ‘Tn special cases vacancies will be filled by election by tne creditors, Notice of appointment of assignees shall be published once a week for three successive weeks, in two newspa- re selected by the assignee, one of which papers shall Boose published tn this city. Notices of sale by an assignee, to take place in this city, shall be published in two newspapers published here, one of which shall be a morning and the other an evening paper. The notice to creditors of dividends or meetings shall be published in a newspaper selected by the as- tignee, All questions for trial or hearmg ander sections thirty- one and thir:y-tour of the act shall be trred or heard at a stated session of the court, on four days’ notice, and a calendar of the same shall be made, The Bank of New York and the National Banking Association are desiznated as the bavks in this city m which ali moneys received by the assignees, or paid into court m the course of any proceedmgs m1 bankruptcy, shall be deposited, In this city the following are the papers from which selections may be made for the publication of any matter required by the act, or the general order in bank~ ruptey:—H Rap, Tribune, Journat of Commerce, Sun, T mes, World, Evening Post, Commercial Advertiser and Evening Pzpre's. Special caxes not comprehended within the rules or the general orders in bankruptcy, or in the form, must all be submitied to the judge. SURROGATE’S COURT. ¢ Before Gideon J, Tucker, Surrogate, Inre the Good’, Chatlels, dc., of Ann Maria Forman, deceased, This was @ motion on behalf of the proponents of Mrs, Forman’s will for spocial letters of administra tion, ponding the appeal of the contestants from the Sur- rogate’s decree admitting the will to probate, Before the will was discovered and propounded, Mr. Forman, the husband of the deceased, on an affidavit of intestacy, obtained letters of admivistration, which are revoked by the decree appealed from, It was contended by the moving party that the personal e-tate was now without a legal and authorized custodian; that great delay would result from tho appeal, and that In the meantime the Surrogate should appoint a special administrator, The Surrogate, while expressing bis opinion that it was a proper case for a special administrator, doubted his ju- Tisdiction to interfere, as the contestant’s appeal stayed all proo*edings and takes the contest out of bis Court. Motion denied, The wills of the following porsons have been admitted to probate during the past week :—James Mullaley, John L, Mable, Ann Eliza Foitner, Wim, F Mott, David Rob- erts, Jane Lansing, Sarah Wood, Jobn C, Parker, Ger- bard F. Spalthoff, Wm. Mesier, Benjamin Hasbrook, Letters of administration have been granted on the following estates:—Nichoms Orchard, Felix Strauss, Ezekiel Shailer, Adam Phillipi, Honry Winkelsetb, Wal- tor E. Hamblin, Andrew Quackenbresh, Wm E -tiliwell, Jacob Lang, Theodore Perry, Richard Walah, Louisa A. Dolano, Alfred Hewitt, Mary Wood, James B. 0. Wood. BROOKLYN COURTS, eee UNITED STATES COMMISSIONER'S COURT. Captain Potter—The Accused Honorably Discharged, Before Commissioner Jones, United States va, Charles Potter.—The hearing in this case was concluded yesterday morning before Commis- sioner Jones, The case for the prosecution being rested ’ by desistant United States District Attorney Allon, wha stated that he bad been unable to procure the attendance of two wituesses, Mr. Donohue, counse) for Captain Pot. ter, aubmitted to the court a deposition of one Charles koring, setting forth that he had heard McDermott, the itness who testified as to the malireatmont of the de- eased by Potter, tell the American Consul at Palermo ‘Ahat Emery had died during the voyage, and that no one had been killed, Further, that McDermott told the Con- _ that he had never seen: the captain beat deceased, evidence being offered on the part of the detence, the case was submitted without ergament. Commissioner Jones said that the evidence elicited ‘eft no doubt but that Emery had died trom the results ‘of {lt usage received on board the vessel, but as a ‘eral rule he would be inclined to strain aud the captain ible for what oce: board the ‘veese! while he was in command. And 80 in this case, the Commissioner continued, if there had been but one witness examined to prove that this man was covered with bratses from the beating, and that afterwards be died, if that testfmony waa uncontradicted, why 1 should be inclined to hold the captain for trial. the testimony of the second mate, on behalf of the United States, here contradicts the testimony of the other wit- ness as to the person by whomethe beating was done, but confirms the evidence that the man (deceased) was very cruelly beaten at difforent times, and concurs in the conciusion that the other witness arrived at, that he died from beating received while on board the vessel. ‘At the same time the prosecution has proved that the man (deceased was treated) with uaiform kindness, and that the captain, instead of treating him cruoily, had re- monstrated with the first mate for this cruel treatment of the deceased. 1am inelined to think that the man who should be prosecuted in this case is the Grat mate and not the captain, and I therefore order his discharze, Rood commiesioner then honorably discharged Captain ter. A Husband Seeks to get Possession of his Children=The Coart Dentesthe Application— Au Interesting Case. Before Judge Lott. An application was made by Augustus J. Warner fora writ of habeas corpus to obtain possession of two children, named Virginia G. and Augustus J. Warner, Jr., aged respectively nine and seven yoaas, The writ was granted and made retarnable on the 14th inst., at.which timo Sarah E, Warner, the wife of the petitioner, ap- red, and filed ber return through Mr. Thomas F. ~ om her enemas , by which she Peeenys that the Potitioner was not a proper person to have the custody of the children. She farther alleged that he had repeat- herr marrage in 1657 to June wheughe was obliged in lune 6, whenghe was to loave bim, taking the children ‘with ‘her, and reside with ber father, ring this petiod she twice left bim, in euay aed of La? alleged oe she ee but = sequently returned to live with him upon his request an ises that he would reform. Mrs, Warner also sete forth that im the fail of 1861 ber husband enlisted as Liea- tenant Colonel in the army and remained absent at the war about threo years, and tailed to provide for the children and herself, 80 that she way compelled to live with her father. Another charge ‘arner prefers Inst her husband was that he always refused to allow cir children to attend either day or Sabbath school, Or to be taught lessons from the Bribie, The petitioner yesterday filed his answer to tho return, in which he denies he ever treated his wife in a cruel Manner or committed any act of cruelty or violence upon her or either of the children, and alleges that his wife left him without any cause whatever, and denies he ever preven'ed the children from receiving any instroction, moral or intellectual, Mr. Pearsall moved the court that the custody of the children be awarded to Mrs, Warner, upon the ground that the petitioner did not deny specifically the acts of cruelty alieged in the return, and did not allege that Mra. Warner was an improper to have the cus- tody of the children; further, that an action for a divorce had been brought by her, in which action she yo ‘the custody of the children be awarded to jor, Ao, In answer to the motion, Mr. Johnson, counsel for the petitioner, contended that the answer to the retarn 4id deny all the material allegations of the return, and stated that the law held that the father should have the children unless the court was satistied that he was not a Proper person. The motion was argued, and the Court nally decided that Mra. Warner should have the cus tody of the children, SURROGATE’S COURT. The Vinton-Wynns Case-Wills Admitted to Probate. Before Surrogate Wm. 1, Veeder. Charlotte A, Wynns vs Francis Vinton.—The decision in this ease has not yot beon rendered, Surrogate Veodor not having had time to attend to tl matter fully. It will probably be announced, howevor, during the coming wee The wills of tho following named persons, decensed, were admitted to probate during the week past:— Eleanor Griffiths, Robt M Chas, & Burns, Jeno D. Mason, ali of the city of Brooklyn; Peter Schenck, of the town of New Lota, and Cornelia A, Willink, of the town of Ftatbush, Latters of administration were granted on the estates of the following named deceased persons:—John Eilis and Elizabeth Trenchard, both of Brooklyn. COURT OF APPEALS, Aunany, Jane, 22, 1967. The following is the dav calendar of the Court of Appeals for June 24:—=Nos, 152, 165, 171 to 180, 1804, 83, 158, FATAL RAILROAD CASUALTY IN OHIO. Ouevetaxn, Ohio, June 22, 1867. The Cincinnat! express train which left this city this Morning ran through ® two horse wagon, near Galion Mation, killing Wilson Sipes and his wife, and severely injuring three children, The horses atiached to the ‘Wagon were also killed. Sipes expected to cross the Tallroad track before the treip reached tbe crysetnm, CE INTELLIGENCE. Srevane, rue Rerutep SwinprzR —In the case of Ed- ward A. Stevens, the man who stands charged with stealing fifty oarrels of flour from Messrs. Holt & Co. , 57 Water street, Justice Hogan yesterday afternoon de- eaded to hold the prisoner to bail in the sum of $1,000 © answer before the Court of Genoral Sessions, Mr, Emanuel Eising, of the firm of Nordiinger & Co., 66 Front etreet, also entered a compiaint against the pris- oner, In bis affidavit Mr. Eising sets forth that on the, 19th of November last the prisoner called upon him and said pis name was William A. Groen, a member of theo firm 8f Green & Co., of Providence, R. L, and sald he wished to buy liquors for his frm. He said they were carrying on ® jarge business and were respon- sible, Mr. Eising, relying upon the representations thus made, sold and delivered to Stovens, alias Green, five barrels of gin for $437 60, and fiftecn barrels of spirits, valued at $2,274 50. The goods wore shipped according to the defendant's order, and subsequently Mr. Eising Jearned tbat Stevens, alias Green, was not a momber of the firm of Green & Co., of Providence, R. 1., and had no authority whatever to purchase goods for them. Mr. Eising has never received his liquors nor the pay for them, and therefore charzes the accused with cheating and defrauding him by means of false and fraudulent representations, On this last complaint Justice Hogan holds the accused for trial in default of $5,000 bail. Stevens, who pleaded mot guilty, 1s thirty years of age, a vative of Massachusetts, lives in Lexington avenue, and saye he is a broker and commission merohant. He still remains in custody of the Sheriff on a civil suit. There were several other persons in court who bad been defrauded by Stevens. Acopmyt vRom Reckizse Barre.—William A. Brinckerhoff, driver of an express wagon, was arrested by officer Whittall, of the second precinct, om the charge of reeklessty driving bis horse through Broadway, near Jobn. sti theredy running over the foot of Mr, Charles W. Harvey, doing business at 59 Naesau stroct, and injuring him severely. Mr. Harvey was conveyed to the hospital. On the compiaint of officer Whittall Justice Hogan committed Brit ff for examination. Rervrap Pioxpocxer.—A young man, giving his name as William Smith, was arrested by officer Wilkinson, of the twenty-sixth precinct, on the charge of assault wth intent to steal asa pickpocket. While in Broadway tho officer saw Smith put bis hand mto the pantaloons pocket of an unknown man, but he obtained no mone evan to the prompt interference and arreat by 1 officer. Smith was taken before Justice Hogan aud committed for trial in defaul of $500 bail. Friosiovs As:auct.John Brady, No, 767 Broad- way, appeared before Justice Ledwith yesterday, and preferred a charge of felonious assault against a man named James T. Moore. Complainant alleces that Moore came into the American Hotlel and inquired of him if he (complainant) was the man who put him out of the hotel the morning previous; and, om being anewered in the affirmative, the accused drew a pistol, ited it at deponent’s head and fired it, the ball from which passed olose to him. The prisoner — his occupation as that of a broker, and says he has nothing at present to say to the charge with which he is accused. He was committed in defanit of $1,500 bail, Tar ALLecep Anortion Casx—The papors ia this case have been in the hands of the presiding magistrate of the Essex Market Police Court for the past two days. Yesterday Justice Mansfield decided that, upon the reading of the evidenc’, he would hold the accused in the sum of $2,500, to await the action of the Grand Jury. The papers have been accordingly sent to the District Attorney, and Mre. Vap Buskirk etidl remains a prizoner. CRICKET. Opening Day of the New York Clab. Yesterday the cricket season was inaugurated on the grounds of the New York Cricket Club at Hoboken. For several seasons past the members of the club have experienced great difficulty in procuring a ground on which to practice their favorite game. Owing to the improvements now going on in and around the Elysian Fields, Hoboken, they were last year compelled to go over to Brooklyn, where they parsyed their favorite pastime, but on a ground entirely wnsuited to their we located their head- quarters tas Toot or ith a Hoboken, end in cr on imity to the Be4. they occupied. $e ubobattan Cricket jab also practices on the same ground. se pees Beene Sah Sst as to tho fe cricket season. Man members of the different clubs are absent in Europe, and the roils rather @ silm a) r+ ance on that account, also tn c uence of the clubs having had to move about so much the jast few years in search ofa suitable ground. It ws expected, howover, that ene = next ai Ping permanent arrangements for practia' wi perfected and the roll of ‘members will SSo\ncreased to something like their old time limits. Ye the members and friends of the New York 3 considering the large quantit; which bas fallen during the last few weeks, ie follow. ing were among the members of the New York Club who were present:—Herbert Beech, Presidemt; J. Par- kta, rer; C, H. Tyler, Secretary, and Messrs, Higbam, W. B. Wharton, Maddock, Jenkins and Garri- son. Of the Manhattan :—Messrs. Tucker, Walker, Hay- ward, Sima, and others, After spending about an hour in practicing, a scrub match waa arranged between the metnbers of the two clubs, and sides having been chosen, play commenced about three o'clock. The proved that ths members had not lost any of their old time and well known proficiency. Higha' ag wicket keeper and at the bat, enetained his well earns Tepuiation as afirst clasa cricketer; W. Byron Wharton, as bowler, wicket keeper and batter, added fresn laurels to his wreath; and Hesbert Beech, President of the New York Ciub, bowled down many of the strongest batters and afterwards carried out bis bat in triumph without having himself been bowled out. The following is the score of the game. Byron b, Beech (side)...... 9 Higham b, Chadwick (elde).14 Parkin c, Gill, b, Beech... 3. Beech, tim) ; 6 Chadwick ¢,' Walker, b. Padmore, limit: 0 Hayward, limit 0 Tacker b. Byron 7 Tripler, not out. 9 Renwick b. Tyle: 2h o 3 2 1 Hse ereyman, Sf., b. Tyler. Jenkins b. Tyler. Tornoe. and b. Byron... Bl cca THE NATIONAL GAME. Tnauweed vs. Fort Lee. A most exciting and interesting game recently off between these two clubs, on the grounds former, at the New York Inetitution for the Dumb, situated at Washington Heighta, The we abacete ot the insti oe ree wre from the vicinity of Fors The following the score :— ‘TaNWooD. HHT ° BI rormmcorneme® 0. 2 $1 eee’ od W. P e—=3 hours, WAVAL INTELLIGENCE. The United States frigate Franklin, with Admiral Far- Tagut on board, will leave the lower bay for the Medl- terrancan, on the 26th instant, The United States steamer Minnesota, Commodore Alden, qill arrive here about June 28, and after com- picting her outit will sail for the European squadron. The midshipmen class of 1867 will report for duty on board of her, and be distribat~d on the European and South Atlantic squadrons. She will havea delightful crwice, Tho United States steamer Don arrived at this port to- day, Juno 22, She bas been to the eastward, as far as Portsmouth and Boston, with a draftof men. After perfurming that duty she wont to search for the shoal ‘the packet ship Caltivator struck upon inst December. Itia said Commander §R. Chandier succeeded in toca- ting positively the shoal reported, latitude 41 degrees 38 minutes north, longitude ¢8 degrees 11 minutes weet of Greenwieb, He found the least water on it about aix- teen feet; the shoal extends northwest and southeast, and lies on the track of homeward bound vessels. Upon the charts nine fathoms are given. This is of great im- ortance to navigaiors, and suould be looked after when in its vicinity, A shoal due east, twonty-two miles from Davis South Shoal light boat has also been found, upon which there is but sixjand a half fect of water, ‘The cruise of the Don has ety of importance to the navigators of the world, and the government deserves credit for ive Prompt verification of the reported locality of this sh Tho U. &. sloop of war Saratoga ts rapidly fitting ou and will be ready about the Ist of July. 6 ironcl still occupies the dry dock, and is yet to be fitted with new propellers ere she comes out. “The Wampanoag haa not as yet been put under steam trial, and the experts at the yard forward to a treat in the way of geared engines when it does take place; but then, how about this engine when she goes to fen and gives a chance for it to get out of line? The Guard, storeship for the iterranean squadron, commanded by Lieutenant Gorringe, is all loaded, ani only awaits orders to sail. She will probably go direct to Commander D. B. Harmon; out as pase@nger on the. Franklin to take commana of the \deapatch boat i ine. |. H. Uj who returns Frolic, ae commander J. pebor, to the Un ‘The Guerriere is ready for sea at Boston, and wall “ness aad other UNDAY, JUNE 23, 1867.-TRIPLE SHEET. THE HOTT STREET TRAGEDY. The Case Still Involved in Myste: Coroner Schirmer yesterday renewed, at the Spring street police station, the investigation of the case of Catharine Corbay, the aged woman who was found dying dead im her room in the rear of premises 137 Mott strect, as already reported. Only one witness was examined, and the testimony elicited seems to involve the case in still deeper mystery. An unknown woman, with bloody hands and apron, was seen in the yard at an early hour of the morning that Miss Corbay was found dead. ‘This strange female was seen to wash blood from ber hands and apron, and afterwards she threw the apron into the vault of the premises, When ordered away, the mysterious woman left without saying a word, and bas not since been seen. Below will be found the evidence of the only witness sworn :— TESTIMONY OF ELLEN DONORUR, Filen Donohue depozed to living in the rear of No. 137 Mott street, and knew deceased by sight; witness arose @ Ifttle before four o'clock on Friday morning and went to the hydrant in the yard to get some water; then saw ® woman come in the alley from the street; sbe had blood on her hands, aud bad on some kind of an old dark apron, on which was some blood; I saw her wipe her face on the apron, then take it off, twist and roll it up, and throw it down into the sink: the woman had a red face, as if she bad been drunk all night, and ap- peared to be a middie aged woman; she was di in plain black sbawi and wore a black how; she did not ‘appear like a person who had come off the street, but as a drunken person; | followed her after ordering her out of the yard, and went away without making an; answer; I don’t know in what direction she went; said to this woman, ‘a decent woman would not come into any yard at such atime in the morning; I ob- served the same woman wash the blood off her hands, ‘The prisoner (Alice McMahon) being confronted with the witness, was not identified as the woman she saw come into the alley; the one I saw had a fuller face and a different kind of black hood from the one worn by the prisoner; she had a big long nose, much swollen at the top; she was a very fleshy woman; the woman I saw eee warts on her face. jo other important witnesses being present, the Coroner concluded to adjourn the inquisition indefinitely, im order to procure further testimony, Coroner Schirmer expressed a determination to have the vault in which the bloody apron was thrown ex- amined, aud is to call upon the Board of Health to aid tim im the matter. Should the apron be found it is quite provable that the owner of the samme may be found by the police; and if the prisoner should prove to be the ublucky possessor of it, that important fact might be readily ascertained by calling as witnesses those persons who knew how she was dressed on the night previous to (ne alleged murder, WESTCHESTER INTELLIGENCE, Serious AccipENT at Wittiamsprinck —Between nine and tem o’clock on Friday morning a scaffold on a build- ing in course of erection at Williamsbridge, owned by a lady named Bodee, fell {rom a height of about twenty feet, carrying with it three siaters named William Joyce, William McKenna and George McLevy. The first named man sustained injuries of @ dangerous if not fatal char- acter, It appears the men were just commencing work, and bad reached the platform on their way to the roof when one of the supports was pushed out of place by the opening of a gate in the rear of the building. Immediately afterwards the whole affatr gave way, dashing the occupants violently against a large rock, ireums'ance that renders it some- what remarkable mone of them were killed in- stantly. Jcyce, who was most seriously injured, was subsequently conveyed to St. Luke’s Hospital,' New York, where he still remains in a critical condition. It is considered probable that with great care his life may be saved. The others are in # fair way to recover. SINGULAR ASSAULT ON A RatLnoap OrriciaL BY 4 BLIND Bracan,—Superintendent Schenck, of the Harlem Bridge and Fordham Railroad, discovered a few even- ings since a blind beggar, well known to those persons who are in the habit of crossing Harlem bridge, lying in a mud pool in a beastly state of intoxication, and bad him removed to the passenger waiting room. On Mr. Schenck commencing to remonstrate with him on the course he was pursuing he eee) up acbair and made ‘a violent attempt to atrike him with it. Tue chair, how- ever, strack the wall and was shattered to pieces. Two officers were then called in, and only in re- moving him after they had been repeatediy rolled in the ARrnet oF AN ALLEGED Horse Trey.—Michacl Wall, valuable horse who stands charged with having stolen from nr, James Hall, of Mott Haven, anda set.of bar- articles, from Mr. Hall’s brother, at Wil- tlamabri during the month of February, has becom arrested and taken to the county jail, at White Plains, to await the action of the Grand Jury at its next session. Hicnway Rosssry at Srvo Sinc.—While a gentleman named Ambrose Clark was returning from the’house of a friend to his home in the village of Sing Sing, a few evenings he was attacked by a party of ruff three in number, who, after ‘eating bite in a shameful manuer, rifled his pockets of their contents and then es eorcha Although a keon search bas beem made in the ity no clue has yet been discovered of their whereabouts. It is supposed they aro a of a New York gang who have recently been not! on the Hud- son River Railroad. ‘Tae New York anv Westourster County Raitroap.— In relation to the decision rendered recently by Judge Barnard in the case of the New York and West- chester County Railroad, it is stated that an appeal will be made at the General Term. As the decision inter- feres oniy with the metropolitan end of the road the remainder of the line wilt be prosecuted with the —— vigor, 80 that @ connection may be made with @ Mahopac at as carly a period as possible. Fouxn Drowssp—Coronsr’s Inquett.—On Friday morning an inquest was held by Coroner T. Mason Oliver, of Mott Haven, at City Island, on the body of an upknown man found floating ip the river near that place, The deceased was apparently about thirty years of age, five feet cight inches high, light hair, cut short, having a slight chin whisker, Hoe had no clothing on. A medical examination wasjmade by the uty Coro- ner, Dr. 8. H. Mellroy, but no marks of violence were discovered on the person of the deceased. A verdict was therefore rendered in,accordance with the evidence. ‘The fact of there being no clothing on the body leads to the soppanice that the unfortunate man was drowned white bathing. Meeting oF THE Boarp or TacsTees OF MORRISANIA.— The proceedings of the Board of Trustees of tho town of relation to the much talked about sewer which it . pro- posed to construct from 14lst street to Harlem river,a Turown rrom 4 Wacon.—A boy about ten age, ® son of a gentioman named Sadiier, Wilton, was thrown from a wagon im 138th i i of Temding at yes. collar bone and bruising sister of the iittle fellow, horse about a year since, ff rowly escaped being killed, Fine at Warrs Praixs.—On Thursday a fire broke out in the rear of the premises owned by Mr. Peter Huestis, at White Piains, and before proper assistance could be procured property to the amount of about $600 was destroyed. The prompt arrival of fire engines, how- ever, prevented any further loss, New Oncay ot tam Mstnoper Eriscorat, Cuvacn at Wuite Prains —Phe congregation of the Methodist Epis- copal chureh at White Plains have at length suececded in secaring an elegantly finished and exquisitely toned organ rom New York maker. The lextrament cost $1,300, and will be used as an adjunct to the service of the Most High for the first time to-day. Iurnovina Purcnase Staeet, Rre.—A number of the most prominent and influential citizens of Rye have subscribed $3,500 towards defraying the expense of the roposed grading and macadamizing of Purchase street, From Rye station to Lime Brook bridge. It is intended to commence operations in the matter at an early day, similar manner, and nar- OBITUARY. General Henry Dodge. of Iowan. This gentleman died recently at his residence in Bur- lington, Towa, at the advanced age of 85 years, The de- ceased was a native of Vincennes, Indiana, having been born there on the 224 of October, 1782, Tho first few years of his life were passed in Kentucky, but when quite a boy his parents removed to Missouri, in which State he received his education. Here be soon became prominent, and, being appointed by Prosidest Madison a brigad\er general, was placed in command of tho troops raised for the defence of Missouri, He removed to the Territory of Wisconsin in 1827, and commanded the mounted troops in the several wars with the Indians, and particularly distinguished himself during the Black Hawk war of 1 Tn 1834 and 1835 he made two lo: and successful campaigns on the Mexican frontier an Rocky Mountains, fat the head of a regiment of mounted dragoons, to phe coionelcy of which he was appointed ¥, General Jackson. He was appointed Governor of isconsin by General Jackson in 1836, and re- appointed by Mr. Van Baren in 1839; he was removed John Tyler, and immediately elected a delegate to ‘ongress from the Territory, iv which capacity he served four years, In 1845 he was again appointed Governor of W and on the admission of the State into the Union he was elected one of the United States Senators, im June, 1848, At the expiration of the term which he drew, he was re-elected for six years from March, 1851, At the close of this term he deciined @ re-election, his ears having attained to seventy-five, and the weight of hem bee to tell upon him, ‘In person General ja Sy Ts frame, with rough but benevolent Woking features, His manners wore quite plain and wa-_ Possessed a great deal of in- fluence in the Northws ab for thi ears kept entireiy aloof trom political ‘matters vasa THE ALLEGED SUSPICIOUS DEATH. The examination of witnesses m the Seonan ase, with the particulars of which the readers of -he Suasp bave already. been made familiar, took place before Justice Dodge, at the Jeflerson Market Police Court, yes- terday, Assistant District Attorney Gunning 8, Bedford appeared on behalf of the people. The fret witness placed upon the stand was Mra. Ann Gunn, who was living in the house This witness being placed on the stand, testified substantially as follows;— TESTIMONY OP MRA, ANN GUNN, Ann Gunn testified that she lived in the same house with deceased, on the same floor; think that deceased died about three or four o’clock on Friday mornin, June 14, beard a moan ip Mra Heenan’s room and the exclamation ‘“‘Oh!’? twice very loudly; the voice said, “Rise me up in the bed,” about three or “Put me on the floor,’ or she said, ‘Take me out na twice; decided to go out and raise her up invbed, think- ing her busband and sister-in- must be sleeping ; heard Mr. Heenan leave the room and © ‘Up stairs; returned in a few minutes, bringing Mrs, with him; be deceased say, ‘‘Mra, Garner, raise me up io bed ;”” there was a perfect silence for about twenty min- utes—that was all; about five o'perk apenas tip door and spoke to Mra. Griffin and asked was Mrs. Heenan; sbe said she was dead; at the time I heard Heenan go up stairs did not s to him; have lived there ten months, and Mrs. Heenan has lived there during that time; during the. time heard Heenan go up stairs heard Mra, Heenan say, ‘You dirty, mean will you leave me sof” or words similar; heard Mr, Heenan say “Whist,” or “Will you whist!’ he said it in @ gorrowful like 3 beard de- ceased say two weeks before her that Heenan was a good, kind-patured man; saw Heenan the day deceased died and think be was si under ¢he in- fluence of liquor; never had any difficulty with either; saw deceased about three hours alter death; met him going out of the street door; he said she was dead, ‘and hoped she was out. of trouble; the night before she died I asked her how she fels; she said good deal and wished she was dead; she also sai wished she was in the hospital, as she thought she was too much trouble; Heenan came in at the time and asked her how could she say sv, as she bad everything sbe wanted; during her lie noticed no cuts on her, Crose-examined—Mrs, Garner helped to nurse de- ceased; Mrs, Heenan’s bedstead was near the wall; ‘there was a table between tho tows table with a little flower vase on it; never noticed it par- tucularly, Dr. Dugy ones re yhysician; saw . Duggan says he is a ing physician; Mrs. Heenan, ihe deceased, alive on the Ist of June for the last time; saw her on tue morning of her'death about nine o'clock; do not know what ber eondition was after the 1st of June; tod her on that day that her lungs were so bad that it woold be useless to take any medicine, and gave her a certiticate to get a clergyman 80 as to have the rites of the Church was sitting in a chair tho last time I saw ber all ed hi arm afier her death; asked what they wanted of me when she was dead; those in the room said she was bleeding ; asked w f o'clock; said she could not possibly be bieeding if she died at iour o’clock; a woman in the room gaid she in court; there were three women; of the women said it; Mrs. were there; they desired me to examine the woman, and I told them to strip the arm in order to examine it; there was a bandage on it; saw an incision about an inch and a half-in length across the arm; desired thom to cover it up 1mmediately ; some of them askedme to give a certificate; said it would be time enough in the afternoon; the incision was above the bend of the arm, on the anterior portion of the arm; it seomed to be hoped on wound saw no blood on the floor; cannot tell ‘whether ceased died of; cannot tel Serrananine tase | em or isis = CONSUID, i effect cut, if she lost much would hasten her A ee a notify the Coroner of tea aur she might obtain tne rit ym the clergyman; saw Mra. Heenan when she rf | i E ake & i best of my belief do mot think the artery was severed. In reply to a quesiion by Judge aed belief was that it was done with mtent to destroy life, w! done by herself or auy other person, TESTIMONY OF THOMAS B. WHITE, Thomas H. White, practs.ug pbysician attached to the Board of Health, states that he made an examination of the body of deceased (yesterday) by direction of Dr. Dalton, Sanitary Superintendent, The testimony of this witness was substantially as foliows:—On examining the body, found on the anterior aspect of the left arm, just above the bend of the elbow, there was a wound, nearly cir- cular, about three-quariers of an inch in diameter; the septartic vein was found crossing the wound, apd was found to be partially divided in two places (vein here produced); no otier vessels of the bend of the arm were cut or divided, the principal artery being entire; at is my opinion that a wound of thai kind would be'attended by mnsiderabie hemorbhage, which would necessarily exhaust the patient and accelerate death; should say the wound was made by a sbarp instrumeni—sucb & wound as @ physician would make with asharp instru- ment; noticed bo wounds on the wrist. Cross-examined, says:—Saw no cutson the wrist; th deceased mignt bave lost a haif pint of bioed or more the wound was a quarter of an inch deep; th certainly severed, but not compieiely. After taking the testimony 0, Anurew McBride, under- taker, and Ellen Horton, the evidence of both boing un- un) it, (be examination was conciuded on both sides. e counsel for defenc», Mr. Sedgwick, in a brief sum- ming up of the case, thought that there was no evidence adduced on which to hold the accused, and desired to hear the views of the counsel for the people. Mr. ed that, from the nature of thi testimony adduced, the peculiarities of the case w such teat eas. satisfied io larg, ‘he, ae’ presiding mag'stra:e, who, on duo investi- gation would render his decision as to the holding of the parties for trial, He had no objection to taking bail fur ‘the future appearance of the accused parties, and set the Tinta arte ned a E. Pierrepont, became the er and Heory of James Hoen«n and Ellen Griffin, apd the proceedings were brougnt to a clove. PERSONAL INTELLIGENCE, Colonel Mitchell, of the United States Army; E. 8, Spencer, of (leveiand; P. Coyte, of Kentucky; Hugh J. Hastings, of Albany, and F. W. McCondray, of San Fran. cisco, are stopping at the Hoffman House. E. D. Marsh and George D, Jowett, of Chicago, and J. Efner, of St. Louis, are stopping at the St, Jalien Hotel. Gen. Ramsay and Colonel Royall, of the United States Army ; General Granger, of New York; Colonel Leather- man and J, M. Hill, of Memphis; Horace Fairbanks, of Vermont; G. A. Grow, of Penosylvania,, and 8.’ 8. L' Hommedieu, ‘of Cinclanat, are stopping at the Fifth Avenue Hotel, Commodore Inman, of Philadelphia, and Baron = of Wasbington, are stopping at the Clarendon yn was M. M, Noab, of Alta, and Abe Newburger, of Los An- gels, California, and Stephen Hoyt, of Chicago, are stopping at the Westminster Hotel. Colonel E. L. Buttrick, of Milwankee, and J, E. Glei of St, Louis, are stopping at the St. Denis Hotel. General A. Doncan and H. A. Risley, of Washington; Governor G. W. Parsons, of Alabama; General Stone- ho of Albany, and D. Ramsay, of Bath, are stopping at the Astor House, General Zulick and Colonel ie Meyer Zulick, of Phila- deiptia, and General George H. Farrar, of Washington, are stopping at the Metropolitan Hotel, Colonel D, Looney, of Loulaville; ex-Mayor Vaux, of Philadeiphia; General T, A. Morris, of Indianapolis, and General H, 1, Robinson, of Binghamton, are stopping at the St. Nicholas Hotel. Colonel J. E. Duryee, of thiscity, who served with dis- tinction in the Inte war, has been breveted General of rs for meritorious and gallant services. Governor Patton, of Alabama, has been formally read out of the conservative party. General Thomas is the candidate of s Massachusette paper for the Presidency. Hon. George H. Pendleton, of Ohio, in a recent epeech predicted anvther war, Judge Erskine, of the Supreme Court of Georgia, her arrived at Atlanta for the purpose of opening the Circuit Court, Governor Fletcher, of Missouri, 1 In Tennessee, oan- vassing the State for Browmow. It is stated that Mrs, Admiral it, Mra. Captain Com: re, Commander mander Harmony, oe rgeon Everafield and other ladies a ing out by the next steamer after the Franklin sails for ‘They will make the tour of the Continent penal Mmecting the faaship on the Mediterranean The Feanklin will sail from the lower bay by THE SOLDIERS’ CEMETERIES. But very little work is now being done on the national soldiers’ cemeteries throughout the South, Most of them are an advanced state of completion, but there yet remain several on which considerable work will be re quired before they are compieted. The doiay in the of the cemeteries is occasioned by the action of Becretary of War in appointing » board of officers to determine what shall be done with these final abodes ~