The New York Herald Newspaper, July 28, 1867, Page 6

8 YORE HERALD, SUNDAY, JOLY 28, 1887. one isgaided Southern, mon dead, for he Wlieved many of them fought under a de- | meut infantry, visit Comm, They are to be re- YN INTELLIGENCE. I al . «| mother who tore lan and deserting her Af this mam were claimed as the af b lass | WU raeen RetnaneMiaseniag, Bits in of 4 Puvars Rewpmscs av ram Inrenxal 4 peril and trial; false to every principle of cause, The prisoner seemed to it was wo Monday, August 12, the imety-sinth regimen = Sue a “Y pyagumn, "aa ats a Ray asthe wenger ot | ios sod Frosch Cusndes soa, thnessoid sere | foto Sty Abra Geet, Et Per nn een ene sens ef the sesoed Dicnes bloga pursued, and Joba, & Surrati ie nowhere to answer | Andrew Jobason juss eo, thus seeming to glory 10 his | Oa Wednesday, August 14, Troop G, First cavalry, | Debt detective Perry, an stiacné Second District The Defence Refused an Exte! for bis crimes, This night hat ‘very shame. He (Mr. Carrington) could, to some | National Guard, is to proceed ‘to East New York for the | Collector's Office, ealled at the private residence of Mr. erase > | infant at first, Dut te the proportions of a | ‘extent agpreninie, & ‘men, born and reared in | purpose of target firing. This trodp is one of the finest / Beahenge, Smith street, Eastern district, and demanded sion of Time. giant, It was one Great artificial person animated ‘the th, could be deluded and give their | mounted organizations in the First division, end ite) 4) strength of a search » ie od * action ot only to kill President Linc synuage Fisher Orders the Case closed. ARGUMENT FOR THE PROSECUTION, Wasmmeron, July 27, 1867. ‘The trial of Jobn UJ. Surratt was resumed this morn- ‘ng in the Criminal Court, Judge Fisher presiding. ‘The crowd of spectators within the bar bas of late Deen so great as io seriously Mconvenience the move- ments of the officers of the cour: in the performance of heir duties The presence of +o large a crowd, too, hag prevented to some extent a free flow of air through- out the reo, and this has been a source of great annoy- ance. Judge Fisher accordingly this morning decided to Hmit the number of epectators within the bar, and he Bad directed most of tue old Uckels to be withdrawn, aud will on Monday issue @ different style of ticket, After tho opening of the court, Judge Fisher made an a@dpouncement to the above effect, He also anneuaced that-during tho arguments be wauted no signa of appro- ation or divapprobation at apytbing thas might ve said, The Marsbai would bave bis force property placed and Wouk! remove frow Ue Court roow avy one giving any sign of approbation or attapprobation, Mr. Lradiey said he was sorry to inform the Court tbat some witbesses as to Ir. Bieseil’s characwer wero on the way, but had not yet arrived here. Ho did not know what sort of an appl.cation to make fur a further imduigence, bat he hoped the Court woud exercise sucn “decrevionnry power as to enable the defence to have the Denelit of Lis Lestimony. It was essential, not only to the case itself, but aiso to the character of Luo witness, vmbo had been so terribly assailed, ax it could be shown that Dr. Bisseli’s character was nut one that could be easily impeac There was also a witness on the way who Would tesiily to Dr. Bissell’s preseveo in Kumira on Apri 14, ‘Mr. Carrington said he unde: to be beid open only until this the agreeravut would be enfore Mr. Bradley said nine witnesses were on the way from New York aud otners from Owego and oiber places, and gomne Of hese Keptlemen wore of the highest reapecia- ity. Mr. Pierrepont said that it was understood yesterday thas the case was to be kept open euly 10 allow wit- nesses to be examined as to character, doubted ‘whether this was 4 matter of much importance, as the Ole question at iast was Whether the jury would be- eve tue wiwesses under oath, nol whetver a witness? Deigbbere wouls believe Lim under oath, Mr. Carrington thought 1 would be au undue exercise Of jusseiul discretion to aliow tho cass to be reopened for ive purpose. The prosecation had witnesses now in atic, dance against Dr, isseli’s cbaracter, but they could not ask to have the case reopene Judge Hauer said bo had been disposed to be indul- gens, and if Le bad not been indulgent the case would have been over before this. The other day it was pro- posed to cose tfe case, and there was then only a inis- Understanding as to the speecves, and he could w.., therefore, see that be any ejudice to the case if it was now closed; and tere were no further wituesses in atiendance he wouldviose the case so far as the evidence was con cerned. Judge Fisuer then proceeded to deliver nis pinion spon the motion argued yesterday, to sirike out certan testimony. The items of evidenco relative the atuck upon the Vice President and upon Secre- lary Seward be would leave stand, because they were all parts of the samo transaction aud the same scheme, Ae to tle evidence about Jacob Thompson be would Wsirike out because he couldgnot see that It was con nected mith the priso as 1 the item of evi- dence lative to the shooting of Union soldiers eecapingfrom rebel pricons he would permit it to stand, Decanse | was evidence showing a concerted pian of a, DUL AL Was a plot aganst the United states government, and it would show Up malice of the uccused to the governinent, ‘The evideno in relation to telegraph communication be- ‘tween Vashington and Elmura, and the evidence in re- Intion ¥ trains between Washington and New York was ruled oit because it was not properly connected, and Decaug it was not evidence in rebuttal of anything that had ben oflered by the defence. The doci letter was ruled vut because it was admitted by the prosecution that #¥ad not beon connected with the prisoner. ‘My. Budiey noted an exception to the ruling of the ‘Wou/t admitting certain items of evidence. @me conversation in relation to the signing of 4 exceptions by tho Court, Judge Fisher said the 1 should now proceed with their argument \o the tood that the case was roivg, and be hoped there would Merrick asked the Court to rule upon the question ‘ited by bim relative to the speeches and whether ifthe defence declined to speak one speech by the sation would not close the case. . Prerrepont said this was no ordiuary case, and he that po restriction should be placed upon coun- addressing thefjury. judge Fisber said this was one of the most voluminous and even if the defence did not wish to address tp jury he thought be could not restrict the prosecution Ubut one speech. ‘Mr. Carrington contended that this case was one of po much magoitude to be permitted to be thrown upon jhe court and jury without argument, | Mr. Bradley submitted that if the prosecution pro- ‘poured to divide the labor, the defence should be advised Of that division in Justice to the prisover. He would Suggest, therefore, that the prosecuting officers make ‘heir speeches first and let the defence reply, and then ‘One oF both of the counsel for the prosecution could reply. He did not know what arrangement had been made, but be believed the prosecuting attorney bad osed the case, except im one iustauce—in the 480, rington aid he bad given way to the other counse! in the Vandermeeken and he received « severe excoria ra ion, and it if he remgued his rights ax Prosecuting aitorney to his associate counsel, Mr. tierrepont contended that the defence bad no Tight to close in any case. It was a matter for the dis- ere jon of the court. He bad been asked to close the came by Whe District Attorney, aud be bad agreed to do +0, and Would now speak unless the Court said he could not do #0, in the event of the defence declining to Bpenk. Judge Fisher gnid it was best to proceed in the usual way, and directed the prosecution to proceed with the ‘argument to the jury. Mr. Carrngton, District Attorney, opened the arga- Ment, and, afier a preliminary remarks, he said be was not surprised that th: I for the prisoner had ‘offered to submit the case, se their only hope was bi ping throagh this mass of tosti- find some reasonable doubts the prisoner, which doubt be dispelled by avalysia of He explained to the jury that it was not customary for the District Attorney to yield the close of the argument to his associate counsel, but be referred tw precedents to show that it had sometimes been done, end be had therefore yielded the place of honor to Mr. he . who had been employed by the government to asmet in this case, In arguing this case he would Geavor to treat the prisoner in a spirit of fairness, bat he would speak of this murderer, traitor and assassin as he ‘Geeerves, and would also refer in proper terms to the rebel spy who came to defend bim on the witness stand. He could not look upon tbie murderer and Assamin a8 & representative wan of the South, aud if it was attempted to make him ap pear such @ representative, be hoped the jury would ro it, for Southeru men did nut desire assassio - ation. He spoke tos jury of Southern men, but what Southern man would shield the murderer or the assassin? What honorable Confederate officer or seidier has takea ‘that stand to sbicid this assassin from the consequence of bis crime? A spy, thrust from Morgav's band of guveriias or alone comes here to shield this man by tostifyiog in biefavor, An hovest jury of Con- soldiers Would, after hearing this evidence, hang thie wroich as ry as old John Brown, or Haman. ‘Upon thie poit honorable mencan agree. The mur- deret or assassin of any man 8 & the anathemas and indignation heart to love or soul to fee! for the bovor of Who are the men who pathize with t " The ope sovension orphans, the men hearte from the escutcheon of the country. scene The jury have before them adying man wh life by his crimes, tiemen of the jury, have sworn to dec eave according to the iaw and the evidence, with your God. It is a mat- Lon that a jury has been selected accopt- 0 both pariiee—a jury with whom any man could luis cage is to be decided accordi Heaven.daring of perjury. The provinces of the judge is to agcer- ber the law the evidence justify @ verdict wer He (Mr, Carrington) would every fact essential to the guilt deen established, and that every link forged by honest liake to bind the bar to the bod: Atrocious murder, has Re Se i i g : i rze 8 ' 5 ix rs u 1} | fe* i i Fi $ i at A Fy 53; 32 is : i] H & the same spint and moving toward the ‘the act of-one member was lew of uations and the law of Goa every swith, itis guilty of this great crime great heart of Canstendom, Carring' fhe would now show (hat th facts which he assumed to guilt of the prisoner at the bar; ‘he jury that the facts he assumed proven beyoud all reasonable and rational doubt; he succeeds iv maintaining the propositions he would be eotitled to @ verdict of conviction. For the court oe would submit the following proposit law Firt—If the jury believe from the whole evidence that Abraham Lincoln received a wound from 4 pistol fred by John Wilkes Booth, in the city of Washington, about the hme! pamed in the. indictment, which resulted io bis death, in pursuance of a conspiracy to murder or assassinate said Lincoln, of which es the pris- oner was a member; and that the prisoner was at the place and performed ‘the part assigned him towards the execution of the common de- sign, they should find bim guilty as indicted, no mat. ter what distance may have separated the conspira ‘ors or how far apart they may have been at the time the ‘wound was inflicted as aforesaid. Seond=If the jury believe that the object of said conspiracy was to abduct the said Lincoln, the President of the United States, with a general resolution on the part of the couspirators to resist all who might oppose them in the execution of the common design, and that while engaged in said unlawful conspiracy one of tho conspirators, without the knowledge and contrary to tue wishes of the other conspiritors and the original plan and purpose of said conspiracy, killed the Prosident, as atoresald, the Jary should find the pragner guilty, as 10- ited, Third—It the jury believe, from the evidence, that at the time President Lincoln was killed as aforesaid, the prisoner was either actively or constructively prevent, encouraging. aiding, abetting or maintaining the princi- pal murderer, they should tind bim guilty as indicted, aithough ne Was neither an ear nor au eye witness to the iransaction, leaving it open for the Court to explain constructive preseace; for all contead that be was con- siructively present; no matter how far off, he wax at the place aud performing the part assigned bim, where and im tho manner the conspirators supposed he would be most effective, Fourti—It the jury believe the evidence that President Lincoin was killed, as aforesaid, in pursuance of said con spiracy, of which the prisoner was a member, he being either actively or constructively present at the time, it is a legal presumption that such presence was with a view (o render aid, and it lies with the priscner to rebut such presuimption by showing that be was there fora onnected with the conspiracy. Phat the defence of aéiti, beng an affirmative ace, the burden of proof res’ upon the defendant, lish it to the salistaction of the jury by @ pre- ponderance of the evidence. The facts to be submitted to the jury would be as follows:—First, Does it appear trom the evidence that the assault charged in the 1n- dictment was inade in the manner and-about the time therein stated and witbin the jurisdiction of the honorable court? Second Does it appear from the evidence that tho wound, which the deceased received, ax charged in the indictmen:, caused his death? Talrd,’ Does it appear from the evidence that the assault and death were the result of a conspiracy of which the prisoner at the bar was a member? Fourth, What was the origival charac- ter, plan and purpose of the conspiracy / Fifth, If it vo true that the prisoner was a member of this conspir- acy, what part did he perform in the gencral plan ? Sixth, Where was the prisoner, in point of fact, at the time the assault charged im the indictinent was made ? Was he in a foreign commonwealth, or was he in the city of Wasbington, D. C.? Sevento, Has not the prisoner at the bar confessed his guilt expressly and by implication ? Before listening to the argument of the poinis, tho Court at quarter-past one o’clock P. M. took w recess for haif an hour, Upon reassembling Mr. Carrington proceeded {o con- sider the several proposiuions of the case:—In regard to the frst proposition 1% could be maiutained, and that upon principle aud aathority. Ifa member of the con- spiracy ho was an accessory, either — betore or after the fact. Assuming that he is guilty he must either be an acessory, a conspiratcr, or the principal. The first poiit’ to be noticed was whetber the prisoner was an accessory before the fact? Counsel then defined an uccessory before the tact ‘as tara down in Wharton's Law Dictionary, In Bishop's Criminal Law tho character of unis erminal is well de- fined. An accessory botore the fact iv one who con- trivutes bis will lowards the execution ot a criminal design, but he de@s n» principal act. If, in addition to government, but ‘bow a man living in Washing- profess allegiance to his country and yet raise ike it do: ing im this horrible ww was go clear, Mr. ton couid his hand to atril preponderance of proof—to show an alibi is upon the de- fence, and they must show conclusively that he was bere for some purpose other than to aid and to nation, It must be shown that he was en- to prevent the consummation of for which the conspfracy is found. connected with that conspiracy, the presumption is that Surratt was here in furtherance of the scheme of the con: and it must bo affirmative proof that he had He never confessed except when he crosted the ocean; supposing he was secure be boasted, Hot confessed, that he was engaged in the murder of the President. Mr. Carrington kere concluded his remarks upon tbe legal points, and the court took a recess until ten o'clock Monday morning, when Mr, Carrington will conclude his speech. He spoke to-day for three hours, and his ad- dress to the jury on Monday will occupy the entire day. The counsel for the defence wiil follow, and Mr. Pierre- Pont will close the arguments, 7 = arguments will probably consume all of next week. OBITUARY. Otho, Ex-King of Greece. Ry a cable tolegram to the Hrkaup we are informed of the death of the late King of Greece at Munich, Bavaria, but on what date the despatch does not men- tion, The deccased was a brother of Maximilian, King of Bavaria, and of the ex-King Louis, He was born at Salzburg on the Ist of June, 1815, and was edueated by several of the eminent men who followed tho fortunes of the ex-King, When a lad of seventeen years of age he was invited by the Greeks, who had a ‘short time previous achieved (heir iudependence, to become their king. The allied powers of France, England and Rus- sia having consented to this arrangement, the invitation was accepted, and on the 6th of February, 1833, Otho I, atiendea by a force of German sol- diers, landed in his new dominions, According to the treaty stipulations of the aliied Powers the affairs of Greece were conducted by several officers of state until the Ist of June, 1835, when, having attained his twentieth year, the King assumed tne reins of xovernment, During the year following (1826) he was married to the Princess Mary Frederica Amelia, daughter of the Grand Duke of Oldenburg. At this time the affairs of Greece were in & most deplorable condition Brigandage was at its height, while the repeated out- breaks of political parties tended to increase tue inter- nal disorders of the kingdom. Naturally supine and indolont, the deceased ex-King, instead of attending to sof State iu person, intrusted them to Bavarian whose oppressive ucts rendered them so odious to the people that during the same year of his marriage Otho found the wide-spread discontent manifested by acts of open rebeilion. But liuie was done to conciliate the revolutionary elementa, which daily obtained increased strength by fresu arcestions to the: ks. In i8@3 the Greeks, finding that no repre- sentations would influence the miad of their sovereign into granting them the constitution they had petitioncd for, determined to force obedience to their wishes. Ac- cordingly they surrounded the palace of the Kinz, cor: pelled him to dismiss bis ministers and form a new net, and to issue a call for a national assembiy to f constitution. For a time the popular demand was complied with, but the reactionary tend cies of Otho. soon rendered the constitution anolilty, and the kingdom soon became a virtnal ont- post of Rassia, towards which empire Queen Mary fcit the liveliest interest. The oniy time on whieh the King ever ob aned the support of the Greeks was during the Crimean war, when the allies attempted to force composed of men inimical to Russia, contributing bis will, be does some overt act at the time the crime is commited, he ceased to be an accessory betore the fact ad becomes a principal in tue second dogree. An accessory aiter the fact a one who dove + } ccime 18 committed, and, if prevent at > wos to be an accessory, if a man racy, he is aconspirator and amenable emeanor; and if be continues i the conspiracy until an act is’ committed he becomes a folon and ceases to be merety a conspirator, Where a number of persons conspire to commit an act of murder, the act of one conspirator is the act of all; and @ this connec tion we are Jed Lo the inquiry of what the law implies by tive presence. When & murder is committed as n of a conspiracy every conspirator is supposed to be engaged in it, Do matter how far distant he may have been when tne jelouy was committed. Suppose, in the judgment of the couspirators, be could render more aid ‘ove thousand miles away than he could bere, would he not, in contemplation of law, be responsible for the act of any one of the conspirators? Conspirators know best bow to di we of their own forces, and each was as- signed a terests of the conspirators; and under this theory the act of Booth in shooting the President was the act of all the conspiratora. In confirmation of these views, Mr, Carrington referred to first of Bisnop on criminal ‘law, third edition, section 601, and argued trom that decision that if the prisoner could render any ald, however minute it might be, from New York ‘or New Orleans, be was a principal in the second degree, He alvo cited from pege 67 of Wharton's Criminal Taw, later edition, page 127, toyshow that where a namber of persons engage in a covspiracy agains! tho public peace, and wurder ensues by the act of one, all are equaily guilty, though the others were neither car nor eye wil messes; and if that principle was true he contended that the distance separating the conspirators w eotirely immaterial. [f being ome mile from the place of crime does not exonerate a conspirator, one hundred or one thousand miles does not in the least alter the principe. If that be soand law, it ap- bis case. A conspiracy was formed to strike at ons life by striking out Its head. It was a con- the natural consequence of which was murder, riot and bloodshed, and any conspirator, no matter where be might be, is equally guiity with the man who ! biow or tired the fatal shot. The proba- uence of such @ censpiracy was murder, and, consequently, ail engaged in it were equally guilty, A conspiracy was formed to strike at the nation’s heart by striking down the nation’s head, and the law of the land protects the nation against all su covspirators, and views all the conspinivags Upon this point the old com- mon law of England was the same as it is now, and in sapport of this be would refer to volume 1 of’ Hates’ Pleas of the Crown, page 427, which enunciated a prin Giple that it was not necessary for a co be an ear aud eye wituess of the act to maki able to the law for the commission of th ai crime. In a decision of the Supreme Conrt of the United States, (Ist Peters’ Supreme Court Reports, page 363) in which report a reference ts made to Lath Whea- tov, page 6i9, it a8 decided that whatever an ageut doe: Or says, in pertormance of his duty, is considered the act of the principal, aod it may be proven in crimi- nal as well as civil casos, If the agent is employed for a jawiul parpose aud be commis an unlawful act, the principal is not responsibte; but if aa agent is employed to do an unlawful act, and in the performance of that unlawful act he commits a murder, then the principal is responsible, Ina conspiracy each co-conspirator is an agent of the other, and, this case, Booth fred the fatal shot, the prisoner the bar was brought on from Montreal to per- form is allotted part. In 12th Wheaton the law is clearly laid down of the culpability of the principal for the act of bis agent committed while ia pursuance of an unlawful act directed by the principal. 1t must be shown that the agent has the authority; but this being admitted the principal {s lable, and it way even happen that the agent may oe innocent, while the principal or proeurer is guilty, as in the case of an idiot oF an infapt employed to administer poison, This princi- le was maintained, Mr. Carrington contended, in Chief justice = Marsha: decision ia the Burr trial, ‘a fourth Crancb, The doctrine there war i actually levied and n is guilty if it t# proved, im the conspiracy ; or, overt act. Ho knew this would ‘ound tbat it applied to treason. it this prisoner was i Ho (Mr. Carrington He was jodicted for murder; but in murder tbere was an at of treasog, He con- tended that |} was a treasona! onepiracy, and that the risoner Was im it giving aid to the edemies of the coautry for money, And compaasing the denth of the President. 0 commit treason, he commits the hile engaged in tuo lesser erin crime; and it is proper to offer @ lesser crime. Tne man who strikes att Commander-in-Chiet of th United States isa traitor, and desercas a traitor’s door and if the prisoner indicted for treason, be would avicted AS mi of y to murder the in whiie at v In support of the arrington referred to fee first Russell, page 28, te show that a wan cannot ap- ‘ton his owe wro! eualty to » body He contended that it applied Comspiratore as to an ind! Suppose thore is a dangerous riot and a number of per- gone assemble to reeat a law for jurpose of doing ngaged eRe eee et cae et tneTre al, mo whe @ im that unlawful act one of the rioters comm all will be beid responsible for the set of When a numper of mon engage ina war agai other and men te go to the honse of the Presi- dent and abduct him, the satural consequence of tnat act was murder, voletcs and bdicotshed, and as Soaspe yal itty, altl war co int, vis: conspiracy was f ——. ciple of “the vebieme ve mart — pda med, in this, case that La by to abduct and nt to murder, that thererore i one of their Claim tbat they bot that they more in vagabond. He hoped his the sentiment of Anna Surratt, that it was 60 more to aboot Mr. Lincoln than it was to shoot a negro. Hei Mr Carrivaton) bad some respect for many of the rebel 6 Queen. The people resented th ministers were compelled to retire. of xympathy was, however, merely temporary The conduct of the deceased continued as indolent and indifferent as ever, Irresponaible men ad- ministered the affairs of the kmgdora, and oppressed the This expression people to such av extent that in 1861 they rose in arms and without mach opposition devosed the King. Upon his deposition Otho retired to Munic>, whero he ever after resided. As the cable despatch ‘mentioned, the" cause of his death was the measles, He was in the fifty- third year of bis age. Daniel Mace. A telegram published in the Heratp of Friday an- nounced the suicide of this gentleman at bis home in Lafayetie, Indiana, on the morning of the 26th instant, Mr. Mace was a native of Ross county, Obio, where the first years of his life wero spent, He entered into busi- ness as @ merchant, bat subsequently abandoned a com- mercial for a professional life. After studying law and being admiied to the bar he removed to Indiana, where he soon obtained a larre and iucrative practice. His professional abilities briogtng him prominently before the public he was nominated for Congress in 1861 by the democrats of the Eighth Congressional district of Indiana, and alter a close canvass was elected by 258 majority On the expiration of his term he was again nominated and re-elected by 1.403 majority. In 1855, his time baving expired, the deceased retired to private life, in which be ever after remaincd. Of the causes which prompted bim tojcommit suicide we are at present ignorant, THE NATIONAL GUARD. Military Visitors. To-morrow (Monday), 29th inst., Company E, Second Regiment Connecticut Militia (or tho New Haven Light Goard) will arrive in this cily and de received at Peck slip at half-past six o'clock by Company K, Twelfth Regiment Intantry, National Guard. After being es- corted to the St. Nichoias Hotel and partaking of break- fast the Twelfth Regiment boys will proceed with their guests to the foot of West Tenth street and embark on Doard of the steamer William Myers, which is chartered to convey the party to Alderney Park, near Rahway, . J. Upon returning in the evening the New Haven folks are to take a short sight of Gotham by casiight, and leave for home im the eleven o'clock evening boat, Official Orders from General Headquarters. In pursuance of General Orders, No. 13, the Board of Examination, which sat at Aibany a few days ago, have decided that Colonel D. W. Donbar, Forty-tiret regiment, shail be retained in bie present command ; that Captain Richard Wiliams, Twenty-ninth regiment. sball appear for a second examination on the 19th day of Novémber, ; that First Licutenant Jobn Tallmadge, Battery B, vird division, National Guard, las exhibited his fitness for the position he holds; that Second Licutenants F. J- Edmonds and Jobn E. Smith, of Battery B, Third divi- sion, National Guard, be allowed until November 1910 fina examination; that First Lievtenant Twenty-third regiment, be permitted to remgn; that the following officers be dismissed the ser- vice of the National Guard for failing to appear beforo the Board of Examination afier being so ered by the Commander in Chief: Captain 8. G. Godfrey, Sixty-frst Fegiment; Second Lieuteuant William C. Smith, First regiment; Second Lieutenant William MeNulty, First Tegiment; second Lieutenant William H. Dougherty, Ninth regiment; Second Lieutenant F. H. Jobason, Sixty-first regiment. This Examining Board will meet again at the armory of the Seventh regiment National Guard on the 17th day of September, 1807. By Generai Orders, 14, all officers of the National Guard contemplating a removal from the State or from the boundaries of their miliiary districts are requested to transmit their resignations in the form prescribed, a. the intermediate channels to the Commander 19 Chief. By acircular from the a practicable. circular isssued recently from these headquariers, is in compliance with an act of the legisiature which requires the Board of Supervisors to erect of rent armories, drilt rooms and places of deposit for the safe-keeping of ‘the arms, uniformsand equip- ments of ail com; and regiments in the State, It y-two men formed into military the power to compel the Supervisors to oom. At for reat i and substantial edit uard hereaoouts, tor the Old Guard Assectat The officers and privates of Company D, Seventy-first regiment of infantry, hold a meeting at the Armory on Monday evening next, for the purpose of form: tanocsetion to keep a! the nether? of the old mn. They intend to asiect jand soldierly i xcarsion whieh will rea veterans who served under Vorburgh and were presen at the drst batue of Bul Run. More Military Excursions. ‘To-day (Sunday) Troop A, First cavalry, National Guard, will proceed to Palisade Park, up the Hudson, for the purpose of celebrating their annual pientc. The troop was formerly commanded by Colonel Heary Brinker. ©, Eight regiment of , Captain Joba acetone Scrat Saemieroe t forealke The ‘matter will be decided (Monday), the 29h inet, Company A, Sixth regiment infantry, will visit Cremorne Garden, Seventy- gecond street and Third avenue, for the purpose of ing © prente ‘and sammer's night festival. : ‘Op Thareday next, August 1, Troop (, First carniry, Will proceed to Union Park, foot of Sixty-thitd street, Kast river, for the purpose of celebrating their anneal target excursion Us Mondar, Auger 6, Company O, Seventy Great regi. bar UrsiODs Are popular. “On Monday, Acguat sf Company K, Fifth infant, National Guard, Park, for the DUr- mes nna apart eieenae br oat . National Guard, Intend to Gist Bk Honen's Wel, Flush: ing, to en: wit ir friends i infantry (Hawkins’ Zouaves) have will procesd to Union Park, Sizty-hira serect and First avenue. On Wednesday, August 7, Com, B, Sixty-nioth regiment of infantry, Nationg! Guarg, enjoy themselves at Cremorne Garde, corner Sevemy-second street and Third avenue, Oo Monday, August 19, Battery I, First reciment artillery, have an excursion to : nae an Dudiey’s Grove—the same piace visited by them last year. Adoption of Upton’s Tactics. ‘The Board of Officers recently in session at West Point, for the purpose of witnessing a practical development of the Upton tactics, have approved of the same. THE PUBLIC HEALTH. Pleasant Place with Pleasant Smelis—Nui- annces in the City. The following report was sent in to the Board of Health yesterd: and referred to the consideration of the Commissioners, who bave expressed thelr intention to authorize inspections to be made by an inspector in the village of Portchester, whenever in his judgment it shall be necseary, and that the expenses attending such inspections be assessed upon the village:— Dr. EF. B Danron, Sanit Superintendent Met itan Board of Health:— tects peng Sin—I bave the honor to submit the following re- port:—On Wednesday, July 24, !n accordance with special instructions I ‘proceeded to the village of Port- chester, Westchester county, for tbe purpose of investi- gating ite sanitary condition, The followmg were found to bo the chief points requiring Inspection :— Adjacent to tho railroad station there is a pond of stagnant water, about two hundred and fifty feet in circumference, formed by damming up a small brook. This pond is the receptacie not only for the slops from the adjoining buildings and of the drainage from their privies, but also for the carcasses of dogs and cats, &¢, Its surface is partially covered with a thick scum, consisting of a rank vegetable growth, and the ‘odor frem it, combined twith that of the decomposing animal matter, is often so offensive as to compel the occupants of the neighboring nouges to close their win- dows. Diarrhceal complaints were prevalent in these houses jast summer, and still continue during the present seagon, The main street of the village has been recently filled in with gravel and graded. Many of the privy sinks belonging to the stores and dwellings on this street are very full and offensive. The southern extremity of the main street is bordered on the east side by a emall creek, in which the tide rises and falis, and which receives part of the drainage of the village. On the weet side there is a ledge of rocks between twenty and thirty feet high, and sloping somewhat abruptly to the street. the lower portion of this lodge, in places where the rock has been partially blasted away, several tenement houses have been built and are tenanted by ® mixed negro and Irish popula. tion, On the topof the ledge, which is but a few feet below the roofs of the houses, and often not more than three feet from their rear windows, a row of filthy pig- sties and privies is situated, the drainage trom which almost runs into the dwellings, or remains, forming stag- nant pools of filth, just outside their doors, Slops and garbage, generaliy thrown into the yards, increase the offensive offluvia arising from these premises. On the east side of the street, adjoining the creek an in close proximity to the houses, is a row of similar and almost equaily offensive sties and privies, Cholera prevaticd in these localities last summer, and, judging from their present condition, there is no reason why it should not reappear in its old haunts. From the condition of por- tious of the village, as abore deacrbed, Iam ot the opinion that some immediate action is required to pro- vent sickness, Very respecifully, THOS, E, WHITE, M. D. Sanitary Inspector, Metropolitan Board of Heath, New You, July 25,'1867. 4 WOK NEARER HOME, Although the village of Portchester may not be just the place for a country residence at the present moment, in view of the above mentioned state of things, tts in- babitamis may congratulate themselves upon the fact that they do not as yet carry off the palm tor having in ‘their midst the biggest kind of nuisance in the health district; and tho truth of this may be horridiy nosed by any (ambitious eanitarian who can pluck up courage enough to stagger through the stiffing atmosphere tn the vicinity of Seventy-fourth street, between Second and Third avenues, where the sewers are allowed, at their odoriferous will, to empty their disease jing con- tents into certain open lots between the avenues, Then agaia, in the Eleventh avenue, mot too far away from the spot where the Hudson Railroad was to swine, smell monument to the energy of youthful, kid-gloved, cologne bottie sanitary inspectors, But these are not by any means the only eruptions on the rather a. face of the metropolis which the Board of Health have not perfectly doctored, for one has only to make his way up First avonue, near Third street, once a day for two weeks, before breakfast, to ascertain, much to his own disgust, that s man may desire to punish that early meal with all his heart, with. out in the least bemg able comfortably to swattow the most infinitessimal portion of a tender steak; and then af during his daily wanderings he should perchance meet—as he certainly musi—the inspector of any of the districts in a dashing boggy with two-in-nand—in a wholesome locality far away trom smeils that nauseate— he will feel that his labors have not been in vain, that Dulsances are auisances, and that inepeciors get $1,800 per anuum, payable monthly, but fortunately not in adg vance. THE CROLERA. Tt will be remembered by these persons who did not fall into collapse and die last sammer of what some peo- ple chose to call cholera, that there was a scare About town at that particular time over the lugubrious accounts of the progress of the disease, which were hebdomivally served up by the saniterians with all the embeilishments of red ink and double ruled paper, for the gullibility of the guilible, Now that summer has come around again, as tt was in duty bound to do, with- out even Superintendent Kennedy's leat tho sweltering month of July bas brough' usual atmospheric pressure, $0 conducive to the adop- ton of aboriginal attire, it bas become # matter of wonderment with the uninitiated why the Health Board does not come out in its fuil eanitarian strength and proclaim to the trembliogly listening many it the cholera has glready collapsed several washerwomen on the east ‘side of town, cramped a colored man into ® black ball (no reference to the clubs) in the Sixteenth ward, and wound a certain politician up so tight in his cutancous gear thai he bas not as yet recovered the loss of his appetite or bis desire to live long enough to see Ulvases 8. Grant, a man somewhat unknown fo sto] Jersey, President of the United States. That it would have as good reason to exercise its commissioned lungs on the subject now as it had @ year ago, there is no room for the smallest skeleton of a doubt; but then the Board knows its own Dusiness best, Its day for proctaiming has passed by, it thinks, and this season, © now and then, considers iteif contented with qui telling the —_ ina weekly report that two or three cases of bave occurred in such and such & ward, among others, thosejof the three persons mentioned above. This ‘of doing up the cholera business is quite modest indeed, and bids thd meny other bing, to bumerout tementin reall ani ings, too numerous take it mto bis head to cut down or's supply of ’ the good man always Asiatic horror lies ati!l plaated somewhere in our midst— ei necersity age for maki just now for mal morbus as one of eholera—wi g blic @ case rail the details Hh the vietim’s eyes rolled in bis head. white oe black, y iz it ‘and his limbs, cramp-strack, geometrical figures in air—to scare foil j@ reason tbat they were #0 thoroughly summer that there remains not an atom of cholera z Hy a5e creat on ‘e certai ent prea Sad like things it J jons those teeved the Reaith officials last year on the cholera and its ravages, bowever or real the workings of the disease may be in time San Nn ‘pot this year God # place among the records retary's office, So mote it be. day, were two with amali pox on board. The bark Olbers, Captaiu Derke, forty-eight days from Bremen with two cabin and three hundred and tweaty-one rk Surva, jremen, Mae Wor in eighty steerage passengers arrival there Was one cases on board. The same course will be pursued with i z i i : i be il Sg 3 i lid om the Benhenne and his family baving left upon will of Common Uouncil sum of $19,000 for the building, deemed sufficient to put up such 8 one as is needed. It will be forty feet front by sixty feet deep, and three stories in height, in the rear, ARneste,—The arrests by the Brooklyn police during the past week were four hundréd Bix, Tow Onstrvctions To Tus River Front. —Street Com- missioner Furey intends to resume the work of remov- inc the obstructions to the river front to-morrow. A large moved by the Commissioner during the past two daya, Drownep.—An inquest was held by coroner Lynch yes- terday over the body of Timothy Cabill, who was drowned while bathing at the foot of Elizabeth street. deceased was eighteen years of age, A verdict of death from drowning was rendered, The Coxripavcr Orsrarona,—Two respectable looking men tha bee ol deceened,’ and found dhe ats terribly called at the house of Mra, Domarest, 337 Pearl street, | crushed, the braine pirating, Fe a his opinion yesterday, and made application for board. While one | being the result of ‘Fracture of the men was conversing with Mrs, Demarest the other eee ct peg a bag na Srigesy hae te appropriated a gold watch and some other articles of “3 pes cnt ‘the the injunction was ad- ue The feilow then lft out the theft was soon dis- | Focrneq fil 10 o'clock. ibis (Sunday) morning. The covered and the men chased as je avenui when they mado their escape. ‘driver of the car has been released on bail in the sum of Burciary.—The house No, 77 Remsen street was feloniously entered and robbed at an early hour yester- day morning. The occupants are out of town, and the amount of property taken !s not known. The burglary was discovered by oilicer Reeve, of the Forty-frst pre- ect. Bapiy Bratex,—Mr. George A. Anderson, residing at 40 Myrtie avenne, was assaulted and badly beaten by two rufflans in Willoughby street, near Bridge. One of the fellows struck bim in the breast with a brick, pro- dosincepciegs injaries. The unfortunate mao was taken to his legal Appropriati: The important action of Commissioner Furey, under the authority of the Brooklyn Common Council, to re- move city of Brooklyn, cannot be too highly commended. It ig @ movement tbat ought to have been inaugurated long ego, necessity for if the conservers of the public rights joc nk, and he fell headiong tnto the water, On ‘and public proporty had deen half as anxious and par. | Jocund Plank. Node teh eamckent of mind ticular in the performance of the duties for which they | to grasp the rape stretched along the host tll @ ladder receive the public maoney as they are to acquire thoso canct.—As soon as the contracts are awarded the work the Duilding has been purchased, and it warrant, Mr. for Sharon wious, there was nobody {@ the demand.” The. detective of business of Mr. Benben- Schneider, the well known oF Be ee ees ‘etter again notified him thet Mr. Benhenne’s the new station house for the Forty-third precinct be commenced. The ground for the erection in Butler, near have already street. a appropriated ‘Dut this amount ts not The cells and lodging rooms will be ‘and forty: number of gates, sheds, fences, &c., have been re- 000, to await the result of the injunction. NEW JERSEY INTELLIGENCE. Jersey City. ANoTHER AccrpENT aT Tux Erm Ranwar Drror.— About nine o'clock yesterday morning, @ switch tender named John Spears, while in the act of coupling two- cars at the Erie Railway depot, had his band crushed almost to a jelly. Medical aid was procured, and it ie feared amputation will be found necessary. Spears re- sides with his parents in Brooklyn. ” Conowna’s Inquest,—The inquest in the case of Danie! Skelley, who was killed at tho Erie Railway depot on. Friday afternoon, was held before Coroner Warren yes terday, and the jury in their verdict censured the. way company for not having men to give signals at engine house when a locomotive is in motion, 2} ACCIDENTS aT THE FeRRy.—Last evening at half-past. six o’clock a newsboy named Buckley fell overboard at the ferry slip, foot of Cortlandt street, but was rescued. Fifteen minutes afterwards a man named David Jew, o resident of Rabway, was runving to catch the boat ‘was moving trom the bric when his foot struck @ pro- me by the police. THE RIVER FRONTAGE OF BROOKLYN. Public Preperty=The Rights of the Public to be Enforced. the obstructions at the bulkheads and piers of the but which there never would have been any was lowered by one of the employés, and he was taken: positions, for the duties of which they show such apres | Ut found contempt, In this city the river front is 9 opep to the public from the Battery to Har. | Cleven o’ctock, can only yy the various ferry I | Je a ice We wes ings. ‘The whole extent of the city front, from PP ig ay Rll on ge eager hong Red Hook to Green Point, has been entirely closed to | Phe necessary remedies were prescribed, and the woman. the public for years. Whenever a citizen desires during | was sent to her home by the midnight train. te been to the public its by the owners of property | parents reside at No. 14 Grand while crossing the thee. "At the fost ef ema wavtes, araianting on tbe near bis house, was run over by s coal cart, His that were bruised by Gne of the wheels, be obtained, has been devoted to the private yf th sun baleen tenon Scneeiieniars: vate uses of the er a map neighboring owners. of New York, when passing down Hudson street, near Commencing at westerly end of the Heights, the | Sussex, ran over a boy who was standing on thestrest, —_ opening at Remsen street is enclosed by a high iron | but nis injuries are not of a serious character. A son of J. V. Thurston, who resides at the corner of occupying the whole street ae: ee bis bouse door FRc feck of Plerrepont strest, the next 'e order, le also fel! and struck the little fellow on the head. as 8 garden for the use of the inbabitants | stuuned by ihe blow, he soon recovered. Mr Yny 4 fy = vr ee protected Newark. t Woibeas trem oneten with che ghand bewatifully | PoygraL Onsequims oF tum Rev, Farume Sxrra,—On The foot of Clark street appears to Friday morning the funeral obsequies of the Rev. Father being overgro: fenced 1b, however. and may be only waiting the pleas: ure of the adjo:niug residents for the production of gar. The foot of Pineapple street is used as an approach to the stables of the house No. 96, Columbia street, and is carefully protected from the intrusive visits of the The foot of Orang: Borgen Points sab-dessen. The Rev. Father Hi fence, and a comm: 0. B. ciated as master of ceremonies. An have been established between the owners of the houses | impressive and tou discourse was delivered on either side, as the ground is devoted 10 the cultiva- the Rev. Father ef Williamsburg. tion of corn, peas and cabbages, ail tp luxurious growth. coffin containing the remains of the lamented The dividing line appears to be most scrupulously was heavily bound in black cloth and respected by the jes of the first and second part. | silver mounted, bearing a silver plate, with the follow. The third part; public, don’t count, ig inscription :—*"Rev. Casimer Seitz, 0. 8. Died | The foot berry street is eft in all ite native | Jul i months.” After deauty as far as cultivation is concerned. It is, how- | the tuded the pro- ever, carefully gaarded by a high fence, and Mr. Mosos Mary's & Beach, who resides on the western corner, uses it a8 other core. pasture land and parade ground. (A ‘and Half of the Stange wrest ‘opening is used for work (4 the ing purposes by a a ted lower corner, No. 46 days wl on Ponte the such privi is. & tence of such an altitude as to prec of any individual itying curiosity by peeping The only over, unless blessed by an altitu: foot or two over the | relative of the deceased in this country is brother, ments. the pan, like many previous intended reform move | alderman McKarnan stated that Mr, ry desire to be relieved of the charce the investiga- oak acai ion continues. fhe investication was continued on { Investigation Before Ta killed jast Monday afternoon, by being r the corner of Madison avenue and Twenty-third street bya vionsly reported, Coroner Gamble yesterday commenced an investigation at the house, Below will be found copy of the evidence elicited before the jury; per corner, and the other half is fenced Furman street, removed that obstract the various street approaches to the river, but several brick storehouses, from three to ms weeea as will have to be entirely removed. It Dy the “tree: Commiasioner to redeem the erty will be vigorously pashed until every foot of is recovered, and that it wil! not turn out a mere the probability, a great change will sbortly be. apparent A 7 the gates have to be days to cool hie heated frame with a little fresh Liquor Deazrs Furgp.—George Bloom was fined $18 and the Recorder yesterday. morning for selling Bedi fg vf Accipgnrs —Yesterday morning a market wagon col- lded in Montgomery stroet with a swill cart, on Which and A boy fr years py ty Jersey avenue and Mercer street wn with rank grass and weeds. [tis Seltz, whose sudden death in this city was recently lished in the Heranp, were held at St, Mary’s Catholic church, corner of High and William streets. Over twenty clergymen were present, At half-past nine A.M. the solemn procession entered the edifice, when the office of the dead was read, after which asclema requiem mass was sung by the Rev. Father William, 0, S. B., celebrant, assisted by the Rev. Father Alphonsus, O. 8. B., deacon, and the Rev. Father Niederhauser, of i ; H ; kemith, who has a shop on the and as a lawn by the owner of the house on the Columbia street. On week a view of the river may be obtained throngh the of the vehicles in the blacksmith’s porvon; but are scrupuloasiy closed, and no ed. Tho other moiety is guarded ali chance ‘only will 'd the movement thas vigorously inaagurated Public _prop- ay THE NEWSBOY RAILROAD CASUALTY rener Gamble—Testi- mony in the Case. the case of Francis Shields, the neweboy who was over near Forty-second street and Grand street car, as pro- teenth precinet station series on many of the banks of this city. The prisoners aro- Patrick Shields, residing at No. 208 East Twenty.sec- crenely sett ta the yt oa ond street, swora—tbe deceased # my soo; when I | 8 foryed check purporting to bavebeen drawn by : went (o work on Monday morning last | left deceased at mn noeteiew York suffered extent | home; 1 got word by his brother at half-past four | gs\400 tp pa aah dnek tor tats mse By ] o'clock in the afternoon that Francis had been killed by | portin, by Edward Dobell and made { a railroad car at Twenty-third street, near Madison avo. Lee ete GLrase on the Eons iver Bas { did not know of the deceased selling papers until are ‘been drawn by Mr. Witte 3 { Poowicage bow he came oe courm'o” ° " °° | Plotanae tae rogentd end pel eg hos J, a ‘check for $1, which the name of Wil- ' wey Brome afar wy rence ase; ty wot | waar Peres pe forged, van remit Taror of ners we, went to Third aveoue and Thirticth street and ir the money tn ; > eter aed name ofa Haman, preprster of w theatre 1m 4 consed car that turned | the Me for 9800 drawn "A check on the Citizens’ Bank for $300, te | have been drawn by Lune and ee a | Crone partier, who are to be eon} federates of Job” Brown, now ‘is rat con. the Tombe oe feveral charges of - = Fag dy Sbove named Denidee severest on ube Trades whea Getectives are im search of belief iv sper | ace Domng snd leckedupferex- = | the Tan pest amination, which is named for Q about saw, deceased if Iping om tne tack, f ben to take | OEATH OF A FENIAN FROM WOUNDS RECEIVED AT RIDGEWAY. | ‘bames of the ft car, there were ——— Xt ¥., July 27, 1907, about twenty-five ft ee Burra, a }, 1867, of them; 1did ot eo we DO get 00 te first | sergeant John Lynch, of Cinciunatl, a member of the I sw of ‘him wae when he lay on she track T oppo’ | Fenian army ander General O'Neil, which invaded the car and an officer arrested the driver, and I took the 7 of the Sisters Se chcepe matin: aie vets | Srey raat a eee SSonsegn ‘he miebt have done oe while | wan & gunsdes 9 at the battle of Ridgeway,