The New York Herald Newspaper, August 24, 1867, Page 6

and most of the bullets over us. At one pointe volley was poured ito us at a distance of not nore tban @ bundred yards, and Lieutenant Commander Mackenzie ‘and Lieutenant Sands, advancing with a party of scouts, dupposted by the main body, charged jute the ambush; but the wily foo bad fallen back with wonderful ra- padity, ‘and mado known their escape by loud haiioos row the thicket beyond. iy occasional glin| of the enemy could be Caught, thelr c ed by sudden =o feo of sunlight reflected from the bein barrels of mwekela, At pearly all the points from which we were fred upon 1 noticed small bundles of bamboo lashed to the bushes at a snail angles seemingly to protect against our cumning and to serve (bem as marks to guide them frou on uscade to another, As ‘advanced tho open space on tho hillside bocame confined, and rocks, bushes and denso jungle and ravines afforded in- croasing facilities and sheer to the savages, and gave us no chance of getting om. ‘About a milo or more above the big rosk already med- tioned, (he men bad become #0 much exhausted from tbe march and the intense heat of the that inne wei -v-anemepnnitnettnaiies THE FORMOSA DIFFICULTY, Oficial Reports of the Fight Between the Crews of the Hartford and Wyo- ming and the Formosa Savages. Particulars of the Death of Lieuten- ant Commander Mackenzie and a List of the Oasuaities. . P ordered a halt and entered @ belt of the Wasimcrom, Avguet 28, 1867, | ofdered « halt and eatered.® belt of jangle to give (hem The following despatches detailing the events COD- | pacyey zie and Lit ‘Bands with a ‘Of acouts were posted iD @ al thicket above and to the lefi of tbe main body, and a Pieket of marines occupied party. Those outposts togsther withthe postion of the party. with the n of the , makjog as it were the angles of @ triangle, pected with the recent engagement of the United States nayal forces at the Jgiand of Formosa have tb gay: Saga oT he Sea avy Depariwsnl — Report of Admiral Bell. poe pickets 1 sent for Lieutenant seriously injt Uneray Sranes Pisce 10, 186), | | Commander the second in command, to | now doing thelr noua) duly. The enlie number of me. aa oye Weriies, Secretary of tbo Navy, Washing- fn Bia + shirty. pening a were that in dh Lr ap Mv eeette tere 46, pi pe rifle 19 on board of the Wy: x by mixake—ono fife, weries, under date ‘oP sd of Juve iast, 1 jeft Shangbae op bag Pe pets 2 ae two Canteens, the fib inst, fo tho Hartford, xccompanied by the | wae ‘ery reapectfully, your ehedlons Cy oe 4g, Lisutenant Commander Carperter tesled, 2 Fe Pres the south end of the of ‘wo | ordered Captain Bnited iaswie Corp 8, @esiroy, if possible, tho lurking places of ef the Dommander G. E. Barxxar, commandiug United states Bavages imbabiting the sowthoast cud or steamer Hartford, , who murdet sector pean ot Report of Assiniant H. x wrecked oilieers and crow rae t bperg the cry, “a A aS 36 Bergeon Ubnrtee ag {5 On the 3b of Juma; ce tho passe cw nit Figruges : saree Se dune 15, 18967. f Command Bek of ‘front ee ot sailors armed with Plymowth musk meander who et pecériance fp a feed I pont ag = “if Conse ff the | my order ervey tee further A. % Mackenzie, of Bg, Raed Staice 3 yeuteuan' ry a Wyorning, to Dawe forty Sbarp'e rifles: ber marines, from whioh these steamer Hartford, daring a skirmiab P Uagpated land, provided with forty ail properly otficered ready to ” whe four days’ rations ana younds of ammunition and water; in all one hundred and y-one offers and | that quarter would Du we exposed the com- rivates. The service camngt show a bettor drilled body} Mand to the tisk continued = }os3, wilh. ban (hese 1 stopped on the 12th inet. at Takao, onthe 7 Out any means gr hopo of retaliating upon the enemy. The men, were beginning to show fatigue eee a of Pa acuta aud anusenne tho dittculty of moving either way encumbered with sick isiind of Formosa, to obtain an intorpreter, and Mr. Pekomg, % Scotchman, who had seep much of the natives, volunteering bis services, they were accepted, b> docliming pay. 1 also recoived as my guests | and wounded men, I determined to fail back. } accord~ Mr. Taylor, a merchant at tbat port, aud her | ingly ordered a rctrea!, sending the matin body ahead British Majeety’s Consul, Charles Carroil, who | and failing back stowly, covered by the scouts under command of Lieutenant Sands. A short distance down the bill Lioutenant Command- er Read joincad me with bis party, and was. derected to fall back with the main body, @ party of carbineers un- der Mr. Folgor remaining with Mr, Sands, ir, Read had destroyed soveral huts on the route we had jaken, but failed to accomplish any otber object of tue expe dition, We wero bred at from several places on the way down tho hill, but bappily mo other shots icox effect. Before we reached the plain word was sent me of the death of the gailant Mackonaic. Upon enter.0” the jungie friuging tre coast the different squads and companies took difforent routes to guard agaist ambush, and our progress was slow and fauguing, particularly to the mon who carried the remains of the lamented Mac- kenzie, Arrived at tbe beach, I deployed the marines along the cdge of the jungio to guard against surprice and sent the body on buard ship the moment tue boat could be got ready. YWhad doen my intention to remain on shore and attempt an ambuscade in tho jungle during the night; but I found beth ollicers and men so much worn out from exertion and tho extrome heat of tuo day that I concluded to embark the opvire command and return to tho ship. Captain Forney, of the marioca, and Mate Brownell, of the Wyoming, and a dozen or more of the mon were already proatrated wiih sunsirok’, and 1 fearod other cases might ocour beiore nightiail. ‘fho Toute over wheb wo was entirely destitute of cattle, fruit, vogetables, or avy other catabio thiag, aod we had seen only two or tires pools of dirty stognant water, unfit for any but a savage to driuk, That part of Formosa is extremely weil adaptod (o Indian modes of warfare, and the burning heat of the sun at this season of the year is a greater help to the savage even than his cunning end cruel mothod of fighting, or portoot knowledge-of every toot of ground over which bo ranges, The officers, one and all, gave me a hearty andefll. cient support, and tho meno did their duty cbocrtully and steadily. ee Tho following are the names of the officers ho wont in tho expedition, viz:-—Lieutenant Commander A 3. Mackenzie, of your staf; Lienteoans Commander J. H. Reed, Licutenant J. H. Sauds, Master Wm. Polger, Mas- tor H, Elmer, Captain Jas, Forney, Unitod States Marino Corp Assistant Surgeon C. H, Page, Guaner RH. Cross, Adiniral’s Clork Lous Parkor, snd Commander's Clerk A, ©. Drig<s, of this sup, and Lieatenant 6. D. B. Glidden; Mate G. V, Brownell and Gunner J. G. Stapies, bumanely sent out messengers to communicate with the savages, with offers of rameon for all the survivors, if any remained, of the uufortunate crew of ‘the Rover, and afierwards went himso! im the British gabe Cormoran!, Commandor George E. Broad, to ihe y mm question, and was fired upon when attempting to Banu there. These genthmen having cxpressed a dosiro Wo be of the expodition, next morn! Jane 13, at balf- ‘Past cigbt o'clock, We anchored willnn batf a mile of Qo B sore, on the southeast side of tho iarge, opom bay indenting tho south end of Formora, a som it dan- gerons exposure at this season Lo typhouns, thong a perfectly safe an} covveniont anchorage during tho mcrtbeast monsoop, from October until May, ‘The landing of Kone hundred and ey:biy-one officers, Baulors and marees, provided with foer ’ vations ant water, was made at balf-past mine o'clock, under ihe command of Commander G K. Belknap, of the Hart ford, eccompanied by Liedtenant Commander Alexander 3B Mackenzie, Fiect Lieutenany as second in command, who earnestly sought topo on the expedition. Scon afer we anchofed the savages, dressed in ts avd their bodies painted red, were scen through our glasses aaveinbting 10 parties of ten or twelve om tho cleared bills about two miles distant, Ibeir muskets glistening fm the fun indicated the kiud of arms they catriod, Thoir movements were visible to us on byard during the mofof the day. As our men marched into the bills, the cavages, knowing (he paths, boidiy aecided to mect them, and, gliding through the high srass and from cover to cover, displayed a strategy and courage equal to O21 vative Indians Delivering their firo, they retreated ‘without being seon by our men, who, charging upon their covers, frequently fell into ambush. Our detachments pursued them in this harassing Manver out of sight of the ships until two o’elock TV’. ‘M., when, having baited (0 real, the suvages took the Opportunity to creep up and fir. manded by Léeutovant Commander Maci.cuzie, and tbat oficer, plactoy bimeeif at Ure bead of ihe company com- ‘by Lieutenant Sands, daringly fed a charge into ‘Aho ambuscade that was lard for thom, and fell mortally wounded by a musket bali and died whilo bemmg carriod 40 tho rear, ‘ihe vavy could boast of no braver epirit and no man of higher promise than Lieutenant Com- mander Alexander 8. Mackenzie. He was distidgaished tor fessional kuowledge, aptitede aad tact and vavity of manners whch inspiret tne confidencs and affection of the men, while bis impetuous conrayo im- pelicd bim along to seck the post of danger whore bo was always seen in the advance, both a cons; 3 | of tho Wyoming, Sark and a0 example oa The British Consul at Takao Formosa, Charlee Carroli, Several officers and men hai alrealy experi Pickering, Evgtish subjects, waced severe sun strokes the ‘command companied the expedition ns being generally exhausted and worn out by their good service, being generaliy at the front, Mr, ‘Taylor wont 10 tne assistance of tenant (ommander Mackenzie when tho cry of man” was wou The foliowing named mea deserve special mention for the faithful manner in which they remained by tue body of the lamented dead and brought it safely through the jangle to the boate, viz:—John Kelly, captain of Jorecastie; Robert Knight, armorer; James Franwiio, boatewaia’s mate; Wm. oh ge captain foretop; James MoGuinnis, second corporal; James Cunningham, sea. man, and Jobn M. Smail, ordinary seaman, Ove of them, Wm, White, dropped dowa from exbaustion and sansiroke the moment he reached the beach. the enemy during marder Belkvap pow thought it 8 picket on the beach. Daring Uhre miles so maay of the men got plorable condition from the killing beat of ‘the sun that the Commander determined to return with @hem on boerd of the ship, which bo reached about four #. M, after an exhausting march of six hours under the san ab ninety-two degrees. That afternoon the fleet sur- feoo the casualties of the day one killed, four. leon sunstrack—four of them dangerously. No suilore—indeed, no troops unaccustomed to bush tife—over displayed better spirit; but it was apparent jet at Cc ‘hat. sailors are not adapted to that kind of warfare ‘The gallant dead needs no tribute from me. That soli- & rkiiful enemy, that they could be fitted } tary grave in the grounds of tho British Consuiato at ‘or it only by a lengthened experience, These consider- | Takeo speaks language more eloquent and touching Ations, together with the prostrated condition of m than human uttoranco cap express, No ove know the of the men and officers from sunstroke, and their ina- dility to stand another such day, decided me not to land shem again, particularly as they bad already done ail that was practicable for them+pamely, burnt & pumber of native huts, and chased their warriors until they could chase po longer, though @ & grievous cost of life rove od —— of Os te ss 28 ee ing fire proof ‘Vala season, cannot be destroyed as 1 had contem- plated. J observed a bamboo hut on every clearing, ant + several buffatoss feeding in tho a'stance, these indicat- (ug that the uatives sre not so wild and ignorent of uman comforts as they have been represented. The Only effectual remedy acainat pa sh'\pwre kid men by thisirbe, whoare not numerous, @iil be for the Chinese authorities ou the isiand to occupy this bay with a settlement of ther own, protected by a gilitary torce, which may be effected through our min- wpter at Pek: worth, the high toned character and professional ability of the deceased botter than yourself, and I but give expression to the general feoling when I add that in him the eervice lost one of its brightest ornaments and the country one of its most zealous and gallant defenders. Tenciose a sketch of tho routes taken by the oxpodl- tion, also reports from Lieutenant Commander J. H. bey Lieutenant Sands, Assistant Surgeon C. H. Page and Captain Forney. I found the soundings from the sbip to the shore to decrease regularly and gradually, and the beach quite steop, too; bet large, flat biack rocks could b» seen on the bottom here ero, which would mako a danger- ous sea for boats southeriy wind I could discover no tracé of human beings or remuants of clothing worn by civilized people in any of the huts we destroyed, or in any part of the country over which we passed. ‘On our return through the jungle skirting the coast we struek into the bed of a dry stream when nearly through, Maving accomplished all that was possible I got under | which douitiess runs with good water daring the north: Wey at nine Pu. rewuroing to Tapae on the 14th | east monsoon, which would be of great advantage toa Watant, there buried the remains of the brave Mao- loree operating there during the winter months, Renzie with the prescribed honors in the garden of the British Consulate; Mr. Carrol!, the British Consul, baying kindly proposed his garden for the grave, tiere being ne log ground at Tapio. The Consular tlags and Beee’ of Fou Very respeci{ully, your obodient servant, GEO, RE. BELKNAP, Commander. Report of -Lientenant Commander Bell, Usitep Statea Fiscsum Hartror ‘Ar Ska, June 17, 1867, } end alltbe ers present joined in the funeral pro- Sm—In obediencs to your order I vave tho honor to peasion. At past ex P, M., om the léth iust., we submit the following repgrt of the movements of the Ry 3 arrived at Shanghae to-day, men ander my command at South Cape, Island of For- goo meet ‘mUadboals coming out to the squad- monn on qeee 33, 1897, Ry mo amg agg ed e follow! “me ‘4:—Twenty men from 8 Piease receive horewith the detaiied report of Com- | yong, ander the command of Lieutenant Glidden; mander Belkoan, marked “A,” with the reports of | giiy-iwo'men froin ine. Hartfordy wader command of oticers of companies, of the occurrences of the 13th of marked tespectivety ~* cD. ES” iso the report of Fieet Surgecn Beale, mar! “yy,” to casvaltion. | Sir, Ver] ly, wee We BE Rear Admiral, Commending United States Asiatic -quadron. Master Horace Elmer, and & skirmish party of ten picked wien from the Hartford, under commind of Master W. N. Folg otal nimety-four myn, five of them being equipped as ploneers, On reaching the p! designated by you for our land- img, ihe boais were boached and the skirmishers under Mr. Folger deployed to the tront. The line of baitie was quickiv formed, aul afver mooring the boats two hundred yards from the beach we took up our line of march for the inierior, striking for we high range of Rear Admiral B. H. Rett, United States Navy, com- manding Unised Srates Asiatic Squadron. lulls that lay about two miles from the shore line, The ‘Sm—to © your instractions, delivered on | march was painful and tedious, owing to the dense jun- | Yeo 13:h imst., concerning an attack upon the savace | gies of cactus a «i rose Vines which eovered the sti. Wide living Om the southern extremity of the istand of | But after a tramp of two hours wo aimed the bills and Formom. f immediately t» cerry themeinio | t¢siroyed several swall houses which had very lately @tecution, so far as the character of the coentry, the | been avaatoned. Shortly afterwards several small par- gatore of \ts inbabitan's and the extreme heat of the cli. | ties of savages were seen on the hilliops in our front, @ole Would permit. Qn leaving thissbipen the morning | Who fired at long range upon our skirmish line, but of the date referred to, | directed Lieutenant Commander | quickly retreated upon their fire bei returned. in J. B. Read, with a company of musketeers, a squad of | his manner they kopt ups sort of jing fight, re- @oeute armed with Sharp's rife, commanded by Master W, | treating trom ono hilltop to another, never allowin, ‘M. Folger, and a portion of the Wyoming's detatch our skirmishers appear nearer than ‘ht hundred andor the comnmnd of Lieutenant G. D. B. « yarda, tor about one hour, But thie chasing over fend in the bay about three-quarters of a Tugged hills, thr almost impassibie chapparal aud ‘eastward of the piace at which I proposed landing, and | under a scorchiug tropical sum, soon told on our men, gasbing forward ih for the | and after gving them a short rest I torsed the columa Bille, bearing away dank the | to the leit, in order to join your eommand in obedience enemy and unite witb the main body on the summit of | t my original erders, The main body was at this time * hills, I then pulled inte the bay to the northward | ®beut one mile distant, aud march to join it waa the iba oipocncherage and effected « ianding without | Most pamfal of avy daring the day, many of th SS or dij ity, Lieutenaut Commander A. ¥. | dropping down with sunstroke, requiring to be helped of your sia, being ihe first to jump on | Song by their comrades. Upon coming up with you shore. The marines wero immediately thrown out as | the commands wore consolidated, and the rest of tho ekirmiehers along the movemeuts took piace under youreye, which makes tt the conat and rea: unnessary for we to report further. the beach, and 1 am nappy 10 de able te bos oil the officers and a strong picket men behaved gallantly, Si y, under fight howitzer t Master W. N, Folger, having =f ~ wand of Gunaer P Se ee were of the Wyoming, ri fory reapectfully, your the hilte to the right of the tare black rock indicated in Ju i 3 the accompanying ‘This belt of jungle seems tobe To Commander E. E. Beuksar, commanding United about a third A Ee _ ae the mareh | States sveamer Hartford. was very a and toile Repert of si some, Now and garrow footpaths or traits Taree = ARTPORD, would be entered, they were goon lwort in a At Sea, June 15, 1967, } Sin—The followtag i# a memorandum of cireumstances attending the death of Lieutenant Commander A. & Mackenzie, as faras I am able to state, At about two thick undergrowth of prickly plants and ranvers end low branches of » smal! of banyan wee, sud the men were obliged to force ip way through as best dbey would. Ab we emerged from the jungle we entered an ope: Sere tome ies cores 1a 6a with a fow aad clamps of bushes scattered here and ever ite our! enemy, steamer Hartford. ie’ thls ede mt oh sands. F Usrrep Sratas FLacsmp Hartrorp, } of the part the island of the southern Gra the island 13th of June, 1867. without with any of the Tor’ furiber ers. You and five men on Main body, headed all furtber operations Thbave notbi that the men behav: for the manner in 0 main body of the troops, with which Licutepant Commander Mackenzie was cone ad proceeded nected, landed at abovt ten o'clock A. M., into the intorior of had halted for rost and shade in the border jungle, at about two tho country about four , and dense o'clock P. M., with a detachment ‘of ten men under tho immediate command of Mr. Mac- kenzie thrown out to ono side to waten tho movements who had been firing upon us. ting Mr, of the Cag Soon after hail into th2 jangte for a consultation as saltatron tha. enemy konzio rushed to the minotes I heard the ery of * Doctor} doc.or!” and im- mediately proceeded Mackonzio falling, w 1 caagit bim by the was wounded, at tho procure, dragging hi sible, Ip reply heh his breast a hitie Mackenzio was cailed by the officer in command to movements, and during the cou- Tecommenced firmy, My. Mac- head of his men, aud in about two to the front, where I found Mr. ith his lois band en his right breast. coat coilar and asked him where be amo time, wih what aid 1 could to the rear as rapidly as pos- ked up at me, moved his baud on , amd only said, “Page—l’ace— Page—I'm dead gased to live wt about hail-past two o'clock P.M nd about three or four minuses (rom tho time he was wounded. The wound was round and smootb, of about a deeply the upper anterior ant middio portion of Tight chest, jast below hemorrhage of impori Vory respectfully, CHAT Commander G20. monding Lutted State: eport u n ined in diameter, penovrating (ue the catlar bone, with no oxteraal your obedient ‘ervant, HW, PAGE, A Lewab, Uniied 8 ams:ip Harierd a jurgeon Beale. rab StaTwa Fiagems Hat ¥-RD, ) Sourn bay ov Formos, Juno 13, 1567, | f Sm:—I havo the hover to report that the folowing casualties ovcurred among the officers and crow of this ship to-day, on shore, in theaffair with tho cavages of ebis part of the isinnd, viz: — George Belknap, foretop; Wm. Jaokso: Joba It’ Earle, Edward Forest, Martin Finverty, Sudivan, Thomas Savage, seamen, sunsiruck. Mackengic, Licutenant Commander, kilt mes Forney, Captain marines; Wim White, Commaader, sunstiuck seve , Jos. Quinton, Philip Wor! iy. Bog George K. Mills, Joh: Hyries, William Coaner, taar-ne, contusion. Numerous other cases of exhaustion from the heat and over fatigue -presented themseive;s on the rstorn of the expedition'to the ship; but as they went to dary almost immediately Ihave not thowgbt proper to las jn the above ist. J} will remars, however, that the mon eeneraliy, whon they came Luck (0 to ship presented a most exuausted und broken down appearance, —« Very respectfully, — obedient servant, Rear Admiral H. 1. Asiatic squadron. PF. 3—I wo sl of delirmin tot! that ne recovered suilierstty 1 the coarse.of a coi bis own houra to be cout to THE DOMi Meeting in Vict nor ry Attempt, There was a mags meeting of Bernard Deviin’s frienda io Victoria equare iast night: to atta, state that Mate Brownell, of Wyoming, was likew!to proaght on board this ship 5 LE, Burgeon of the Ficot. |. Baia, commanding Unite! Stites jowmg beat and oxhaust iD. INION OF CANADA. Monrnsar, Avguet 22, 1867 large number of people, some throe thousand, Mr. L. 0. David addressed tho mect.ng in Fronch, de- nouncing Mc@ee and lowed that gevileman to enter would be “degenerated” from bir, Dovhp followed, and his was the specch of the eveniog He said;—Electors of Montreal West, I como answer the vile and slanderous accusations mado against Deforo you this ev the public prints with whose name mosphere. You all know to whom I refer—ihere there were erles of “the Irish imformer?)—and I ask you what euccess bas he had ¢ (Cries ‘none at all”), Devin then went on to say that McGee sought to cast a stain upon the loyalty of the Romao Catholic Irish of and referring to that gentleman, in his new character (new ia Canada, “though not so in Ireland, perhaps"), he spokons follows :—This Canaa Titus Oates more than imesinuates that Tb Montret alloged conspiring patron and friend. for the House of 0. J. saying tbat if his compatriots al- r fathers, ening to me, through of this city, by & person 1 swith not’ pollute this at- ve Feoian traiv Commoar, His repud! migney republic, Richard O'Gorman, of New York, rever Lo Mores audas pebble calomoiator, well connect his name ibis = defamer mer 0 re they withheld it not m: ty on Soe once to the world. Aud if they have wi cannot have, then dol ask, as a simple act of justice, @ \Las'a duty they owe under the circum. stances, not only to me, but to my countrymen here and elsewhere, to disown and repel this foul ealumay at. lempted to be cast upon us by one who was lately their (Immense applause.) men of the novie Lord erument in this coun! and T a0 inv: colleague. The mecting was eheors for th Queen, ‘The origin and spread of the fires are being a good deal discussed ia insurance circles, aud it #8 freely sail that During a fire at the coal oil shods 600,000 galiona of oil were let loose, aod bad not banks of ‘earth boea hastily thrown up lo orrest the flooding of the oil, tho blazing fluid would have roa through the city and destroyed an immense amount of perty. Thecitizens aro now thinking of the danger they bave escaped, nnd a reward bas been otfered for imceadiaries are at work, tne apprebeosi on of The addi Westers despatches report o yng quiet at Fort afloat the Kansas mil Hayes, but rumore eee oe Known, is regarded a3 beinz as tri Sonearth; aud it to notorions that he was not ouly never connected with the schomes of O'Mahoney, Siephens, or Roverts, woo ‘used the Fenian Brotherhoo! to promote their views, Dut be always discouraged them, and yet this vile dares to protend@d disctosures, promised “doen: "and bo threatened those he accused with ” ,” aad with witnesses," here are those ‘documents, neases !'’ Why are thoy not forthcoming? Why are they * If the government from this quondam minister? Is fest that it disapproves and condemns his that ‘he high-in nded and hovorabie men his eberges nd unjast? Task the govermment, if they 6 against my loyalty or that of the St (© publish it at | as | know they with the Governor G Fort ao Trishmay as knowing this with bis to fact, the public “proofs,” and have any, wh goveroment know their records or fi! @ saocess, and it brok the incendiary, rth batallion rift igade. sin the city, TROUBLES. Sr. Louie, August 23, 1867. were m the fort by the Indians, tbe Thirty-ninto Cavalry left Fort Har Wallace with part of bistcohes Butler, of Nebraska, who bas just returned to head the party, aod ordered | to oo that eleven vefore we had advanced | mon killed there by the 08, twenty-four | Ae on, ot ke poy CR Yen ad ordered aa been organised 4) protect the ‘attack when we were on sales, distance of about seventy-five Spotted Tail, with his band, has gone on d dence mis. ix shote at once, and it wae one | sion, as Weil ason « buffalo hunt. He wilt bing w Mackenzie, | did not know that | him from the war path the representative ohier of the feft him waikiag to the rear | Sioux and Cheyennes to meet the Peace Commie, loners 9 was coming up atthetime, | at Fort Laramie. ‘ \ at the enemy and drove we bad sdvacesd more than ff. ANOTHER POSTPONEMENT OF THE HARTFORD RACES, ‘order to fall ond —— nutes ‘that I learned Mr. Hartrono, Conn,, August 23, 1967. wounded. To reach the enemy, woe ora en annteny Gum Seer cannes seceey gaiey Shes with long cram, whine another it of the last day's races of the ‘and ahead of ue still there was | Hartford fair, If pleasant on Monday next the dense undergrowth. 11 was impos: | programme aemgned for to-day will be carried out, com- of thy @ROmy Uni! we saw the 5 Mending At ton A Mh fire at the mark for tho rgrowth, into the toa ja Square—Mr. MeGeo Dee ed=—The bute Fires—Feartal Incendine ‘The fact that ho promised Mr. McGee's “disciosures” drew togother a jament again they Mr. been one of those OF at least their ‘The incentive for this, a3 att in this city know, is that Tam a candidato in opposition to him malignant soul prompis him, in order to reach me, to arsail my brother, Deviio, aud he aleo mentions otver esteemed friends of mine, At a fitting and more convenient time these false accusations will be duly attended to, until the foul slanderer 1s re be of his doings. But not satisfied with thie, 11 his by biind rage, he has crowned bis infamy by dra into bis accasatory manifesto an illustriovs Irishina e-regidont in and citizen of the ntichbering aad one of tho best and greatest adopied sons of that ity, and impelicd ng thoir allegot treason, “wit. Wo aro the country. tho head of her Majesty's gov. and wo feel that we may conti- of justice and honor to vind. epersions of him who was ro- xe up with ral, the domiuion and the troops ia the dominion wii! be nth regiment Coming oul, and it THE GOURTS. UNITED STATES DASTRIET cOUAT. Decision im Admiralty. Before Judge Blatchford. David J. Toff vs, the Brig Antelope.—This is » motion to set aside a decree entered in October, 1860, diemiss- ing the Itbel in the case, and an order entered January, 1861, cancelling the bond given on the discharge of the ‘Vessel, and to set she canse down for trial. ‘The libel ‘was filed in October, to recover the vaiuc of Tarnished at the tese of tbe building of tbo vossc) by the — recip oe $415, and the vessel was dis- el from, under bond in double the amount ‘Viaimed. @ default was entered and the cane was ref to@ commissioner, to which an au- called om for trial, and, fled. The case was subsequently the lidellant not appear. Tho proceoding mants of he deal of eo ‘various questions and the discretion of the court In an Pols wee fo of the case, Judge Blatchford ruled in favor of the libetiant, gra: the 8 @iemissing she libel in 18 cause for las, My, HF. ‘W. R. Beebe for the _ Petitions Filed Yesterday. Fathasie? H. Borrifi and Peletiah Wright, both of New ‘Yorks. Referred she former to Register Dayton ant tbo ATED STATES CommssiOnER’S COUAT. ‘Charae of Obtaining Whiskey from a Gove ernment Banded Warehouse on a Forged « Bond: serore Commissioner Osvora. The United States vs. Nicholas Lawson and Adolph Asher,—The examination in this case was resumed yecterday, the particulars of which have already ap- peared ta tho Hxnatp, Collector Shook testified that the bond in question was presented at his office by # person named Bartonett, buf that he (the Coilector) did Bot approve it; that subsequently Bartovett iaformod bir that a fraud was contempiated by means of a tprged bond; that two sureties were to sign this bond, and that those parties wou'd each reccive $200 for the use of their names, Witness permitted tho fraud to culininate, ag is charged, and the defendants were arrested. Ov the con- clusion of dir, Shook’s testimony tue prosecution rested, Mr. Bell, Acting Assietant District Attoruey, resciving the right to cail other witnesses if necessary. Tho ege was then adjourned ull Wednesday noxt, when Mr. Herch, counsel for the defendants, proposes to move for the ditebarge of tho prisoners, SUPREME COURT—SPECIAL TERM. The Gerety WH) Cuasc—Removel of a Testa- mentary Guardian=Important Decision= Over $100,600 Involved. Elizaveth A, Foley vs. Georg: McDonald and Joseph L. Gere'y.—This euit, which has been before the courts since the 9th of July, 1866, has been decided in favor of the plainuf, Mrs, Foley, Her father, the tate Francis Gorety, tho testator, was drowned while crossing the bar at Matamorcs, Mexico, on the 11th of November, 1863, He was wel! known ip this city a9 @ colton iner- chant of excelient character and reputation, aud carried ‘on business for many years at No, 8 Oid slip, He was only thirty-six years of age at the time of his death. He Jeft the whole of his estate, real and porsonal, amounting to over $100,000, to his two children—Mrs. Foley and ber brother, Joseph L. Gerety, a boy twelve years of ago, By his will be appointed Mr. James Lynch and Georgo MecDona'd executors, aud Mr, McDonald sole guardian, The trial occupied tho court four days and attracted much attention, somo ffty witnesses being exumived, and resulted in the.romoval of the defendact, McDonald, becuuse of bis unfitness, ineolvency’ and intem- perate habits. Mr. James Lynch, one of the excuses: testified that the will was admitted to nuary 1864, that in compiiance with the Jealar request of the testator he took charge of the whote estate, depostted moneys, &., in-bank in is own name; iba) he dia not trast any of the property in the bands of Lie de- fondant «xcDonalc) until the 23tb of March. 1806, when hbo (Lynch) got a jogal releago from further liability, and on that day, without the knowledge or couseut of Mes, Foley, turned over to McDonald te whole of the estace without eecurity, ond befor: giving McDonala possession of the securities arranged with bite that ho (McDonaid) should place tiie legal management of the ort handgof a lawyer, D. Quinn, who proves to be the bro- ther to-law of Mr, Lynch. This decision being of much importance to tbe public generally as well as to guardiaus and trustees, we publish the able opinion of the court ip full, with decroe and judgment, OPINION OF JUSTICR CHARIRS DANIELS, Thie action was brought to rewove the defendant, George McDonald, from the guardianship of the plaiu- tiff, on the ground of alleged ‘wcompetency, insoivency and intemperate habits. fie was opined guardian of the plaints and the defendant, Joseph L. Gerety, by the last will of their father, which was made on tbe 15th of September, 1863, and admitted to'probate on the 2d day of January, 1864. The esiate which the infants inherited from their father consisted mostly of personal property, and im value amounted to upwards of 00,000, most of which was accumu! by their her within the last two years of bis life, wtimate with the defendant McDor related to him by marriago, and he entertained a high woion of his charagter and fatherly disposition. hether be was fully acquainted with his circumstances and habits was not satiefactorily established by the ovi- dence; but ag those babits and circumstances have not undergone any im; it recent chance, it is fair to presume that he was not an entire stranger to them, But, even if he knew what the defendant's circumsianees and babits wore, that should not preclude an inquiry into the propriety of bis selection a8 guardian for the testator’s chflldren, tor that selection should be made for the promotion of ‘their future wel‘are and prosperity, and net for the gratification of the friendly impulses of the testator The pubiic have such an ‘mtorest in the:r maintenance and in their intelectual and moral ad- vancement, as well as the acquisition of proper indus- trial and business habits, as stouid lead to the removal of the guardian selected by the father, where the co: tinnance of the relation ro created would produce, or bably produce, a subversion of these ends. Bat the defendant insists that where the appointment is of a tes. tamentary nature, as it is In this case, if is out of the power of the court, even where the promotion or secn- rity of the objects just mentioned require it tobe done, perhaps needless to observe that if this was go the law would fail very tar short of ‘affording adequate’ protection to that very class of persons Im every community which stat most in peed of it, and muct be, more tuan ail o. hers, dependent it for sheit prosent security and fuiars wel! —_ There is no good reasyn egruwing out of the relation of parent and cliid tuat can be wu io support of the proposition insisted upon; for while it ee be Mr “prs a parent would ordmarily en- vor, as far as lay ip ‘and judicious selection dren, ho must in many thatend, There is 20 more fruitful source error and mistake than that which arises out of ladivid- ‘ual misconceptions concerning the characters aud quali- ties of others; and if mistakes of this nature could not be corrected by courts of jnatice whore they have’ been acted upon in the appointinent of guardians for infants, they could not fail productive of very ,reat indi- vidual hardships and je2, ax well as sources of serious Insting public Serangennea:a There can bo no greater objection to the exercise of the power ef removal in the cage of a testamentary guardian om account of the fact that the pareat must bave been supposed to be caretul and judicious in the selection then there is where the Fey is wade by @ pubiic officer or court, for u later are al expected to be goverued by the same car eration in the selection to be made the iauer cases it is quite comm: remove the guardian when his subsequent circa: or misconduct exhibits meatances tho impropriety of the appointment. It is mach more common for the power of removal to be infoked in these cases than it is where the appoiatinent bas been made by parental authority; for, generally king, the parent, on account of more tho ) acquaintance and the caution and care prodaced by ailection for the a wil! be more likely to make the seiection judiciously roperly. But when, through the i#irmity of human Jadgment or imper‘e:t knowledge of the person selected, tho testamentary appointment is found to be an impro- there should be no reluctance om the part of this court, if it has the power, to interfere for the welfare of the infants and the promotion of the public another in Whatever authority he bas the limits of his own life for the appointment of a guardian for his infant children 18 derived from = positive to And the provisions of law, those provisions, NEW YORK HERALD. SATURDAY, AUGUST 24, 1867. smoke of bie pieces, and wo Peta Fk ‘we could not seo ten fect, Very To Lieutenant Commander EB. EB. Beixnar, United States withdraw the infants from the cnstody of the father or mother, and place the cure and custedy of them elsewhere.” “(2 Kent's Com. Mb ed, 291) And to the same efiect is the, case of United Sates va Greene (3 Mason, 482), 2d the cases there referred to (2 Story’s Equity Lean yo And $66 @§latence of that power the avoidance of that act of parcatal oe by which a guardian may be selected and appointed. ‘The same authés afterwards saye:—“'That the general jurisdiction over every dvardian, however appointed, ‘till resides id @ guardian snpeieted by the Surrogate, aa much ‘superin- tendence and conire! art Of and of the power of removal by it ad if be were by the court,” (2 Xent's Com. 234, and see note, Cte page 232). To she same ‘Bhaiswood’s note to 1. : stone’s Story’s Equity Sir, eatin 1,839, exparte Cumb.; 3 Jonp, Chy. 439, the ‘case dvowa, 11d, 100. _ In the.case of Crumb the Cl Saree aetna nett be be O08, eb sonune el whether be fnuer the court venti very spenal-etbapes case for interference, "’ game conclusion mated more’ by Justice Mason ip the Wile cox, 23 Barb., 179, 160. He there stated ae uardi C inted by th rif over g: ans appointed by t 9 surrogate fans appeinted by tho’ caurt itself, was the decision in case Of Kendal ) authority, tees. And tf bers; for all tion of’ the Norton, 6 4s upon principle, the power of ri a court of eiyed tn thi aiders Wess 01 co ; y com 0 guardian ; the ward's for e F ter va. aap, Page, y and ie the court aot to-allow That to be eubjected to the comes exposed to under such circumstances, these reasons te added what the ovidonce very torily establishes, the fact'that the goardan is occasion. ally found Intoxicated, and is in the habit and practice of viziting tippling places, aud of associating drink. ing with the persons foand to assemble there, as little doubt will appear to exist concerning the propriety of the power of the court to the removal 10 this case, as there is of the existence iteelf, But if that power is to be used, it be- to of the por Doth parties differ as to the extent to which it is to bo appiied, the plaintiff contending that her marriage as supersedes! her guardians! ip altogether, and the defend. ant that no formal application has been presented for his removal as guardian of the boy Joseph L. Gerety, who is made a devendant, As to the tirst objection, there can be but httle controversy that, by the common law, tho marriage of a female ward eliber of itself superseded the guardianship or so far coptriouted to the production of that result as to render only a formal order necessary for Ubat purpose. (2 Kent’s Com., 232) By that law the husband became entitled by marmage not only to the custoly of the femaie ward, but be also became vested with the title to ber personal property and choses tion, and the reots and profits of ,her real estate. was consequently no room eft for the exercise of wuthority over the person or property of the by tho guardian; the marriage effectually superseded that authority, Aftor marriage, therefore, the powers of tho guardian were gone over the female ward and her cvects, But that law in modern times has und eo a very important coanze. Toe busband no ger becomes vested with the property, eithe® real or personat,’ of the wife; but that remains her sole and separate property, the game as though she continued a single female, notwithstanding her mar- riage, «Third R. 8. Ofth ed., p. 239, sec. .75.) And so i a3 the (gel and management ais rage ty 2 concerned, there e Ce the go Hpggnee of ais PRA Ae AN at § thef$ was Onder the previous law, where the ward re- mained rote and unmarried, The guardianship of the person is superseded ; for the husband’s control over the person of tho wife has not becn changed; but asto ber sepacate property, {t must, still extend to the ber actuat majority. These different kinds of guardian- snip are ot so blonded together as to rendor the guar- dianship of the property dependeat upon guardianshio of the poison, forthe court may, is te decetion, )) ap+ point one: uardian of (ne person another guardian of the estate, ‘n like. manner as in caze-of idiots aad luoatics there may be one comi of she porscn and another of the estate. (2 Kent's Com., 235.) Upon the removal of the defendant as guardian, therefore, a guitable and competent ya shovld be ag guardian of the plaintiff’s estate for the of ber m' ty: col Jat te Bot framed in such a manner as to demand as reliof the removal of fecdant a9 guardian of the boy James Ll. Gerety. But i is Lot necessary that applications of this Soe should bo so formally made as to be present suit. % may be done by petuion, sented by the iniant fr.cnde or relatives, at any time set the machinery of the court for Re iene (Sherwood’s note to 1 Blackstone's Com, ; Disbrow ve. Hensbow, 8 Cowen, 360.) In the pre.eut case the boy ie made a ward of the court by the plaintiff's action, apd he wi was of such tender age as 1, Bosfcapebleat siaag he in the action asa party plaintiff, guardian em ‘uas Mled the usual answer submitting his ite to the jadiciat action of the court. this manner all the facts have been brought before the court, and there is greater necessity for the removal of the guardian as to him than as to the plaintiff; for be sil} remains subject to the personal control and custody of the and from bis habits the mind and morale of the are liable to become contaminated and viliated and bis patrimoay dissipated and lost. No young boy like bim can be often sent ip pursuit ef his guardian to tipphng jaarn ashe testified he had been, without seriously endangering b's morals. Phe court has posapssion of the whole case, in- formally 20 as to the boy, it is true, and is as competent to deal out the full measvre of justice which it demands a8 though a formal petition had been presented on bis behalf for that purpose; the guardian as to bim as well as the plaintiff must, eames ee removed. The defendant — to havo reested the effort to remove bim in good faith, and, not without reason, himseif as baving been selected as he was, and with ali bis faults, by the voluntary act of the testator, as the guardian of his children. Ti testator seems to have entertained a high estimate of fitness for the relation which be assigned to him. If conclusions were formed wih a knowledge of the defendant's circumstances, babits and competency, as there is some reason for believing they tinge je- fendant bad ible grounds for entertaining the same Opinion; for it is no fault in human nature that apy man is inclined to undervalue Dimeeif, Although he must be removed he must be reimbursed for the ex- he has been subjected to in the defeace of this action, provided, however, tuat the allowance in this respect must be restricted within reasonabie bounds, It should not beof such a nature as to offer a reward encouraging guardians and trustees to a contumacious resistance of proceedings brought for their removal on proper grounds. This aljowance, for the purpose of avoiding further and wnnecezary jiligation, remains cenbject ws ite payment to any future’ direction this coum deem proper to make in the came A ed to take and state the accounts of the defendant aod to ascertain and report @ suitable person as guardiag of the estate of the plaintiff aud of the person and estate of the detead- ant, Joseph L. Gerety, aed ine sefeadant must deliver over to suct guardian, uader oath, ai! the etfecis, property Geduetiog Se teen the: bestow ape Pdi bane De refrom, ‘expeuses to ‘and adjudged to bim by way ot indemnity for bis ‘suggestions parties on that subject before subscribing the deciston containing the facte and couclus:ons of iaw found, That, however, can be prepared from the disposition of the made by (bis opinion. The coste aud’counsel fees pro} incom; tent to Manage as guardian the affairs of the estate of the plaiatif and of: defendant, Joseph L. Gerety ; said George fei f found intoxicated; he is ii visiting tippling places and of associating and drinking With the persous assembled there; be is an un At, improper and ae person to be guardian of or of the person and estate of the defendant, Joseph L. Gorety; the proparty of the plai f the defendant, Joseph L. Gerety, by jeaving the same im the hands : aid Joseph L. Gerety would be exposed to serious danger by con. Unuance of the persona: contro! and custody of said McDonald over said Joseph L. . Aad the court further finds, as matter of law, that piainu 4 en- tied to j nent declaring that the guardiagen} the rte the piainid uw Fe pte te nd or was superseded on marrage john Foley, in the compiaint |, aad also thas said George McDonald be removed from the office of guardian of the estate of the plaintill; that he ought to be removed |iko- wise from the office of guardiaa of the and estate of the ndant, Jo-eph L. Gerety. y decreed, and this court, by virtue of the power and authority therein vested, do declare, order, TS aod decree that the gaardiansh:, of the porson of the plsintiff, Elizabeth A. Foley, in and by the last and testament of Francis y, deceased, the faiber of the plainti? in the complaint meationed, conferred upon (he defendant George McDons id, Was superseded in the marriage of the plaiutit with Joun Foley in the ploadings set forth. And it is further ordered, and decreed that said George McDonald be, and be is hereby, removed from the office of guardian of the estate of the plaintiff, and also from the office of guardian of the perso Jouoph L, Gerety, 19 and by said fnvoreut of sa Geoggs MeDioonid a naid, a9 guc an: oad lat wit’ and testament of Fi rom oarey Sian end; that sald ‘George, Mclousia ‘ and hereby, ined and roatrsined from on it 18 ordered, ad- raul, title and uff or of sad Joseph it is further ordered, adjudged a it be referred to Mr. ascertam and report Pointed guardian of ti the examination of Mr. Norton and other parties to ase certain what had become of bis property, and/whetber there was any which the Sheriff had failed to find. During the examination on Thursday Mr. Norton ob- jected to atswering certain question which him, and the court adv! to conduct fhe exami sed the employment a mation on bis behalf and see examination. Y« vp ote cure his rights. while under Judge Barbour issued an excluding reporters from ‘counse, order, at the request of counsel, room in which the exami- ih wen Famored that the ins nation was being held. vestigation would disclose the pation of a Norton, in bis official capaclty io hy yhiel secured the appointment of the and if 80, would be a subject of pablo Upon betog applied to by the in to the > fis of giaiad Sei ee r eee cane, of his judicial discretion to | I and oer ‘while be had no knowledge of the —— = political mature of the it private matters having no i y tol sone might be devel public import. oceedi! however, aa Po tbe. genergl Public, he hed Do tty dajestiog e p bao’ See ~ “> COMMON. PLEAS—CHAMBERS. cern to tho gen publication. of suc! that, individually, of (he members o! if, upon which’ were not ip avy sense 0! of the he found rary 8 jorton rs to tie admission — <7 Livery Stable Nuisances and Their Abatement Before Judge Cardozo, 1 Charles Seneider vt, James O’Hearn.—Tho plaintit, who 1s proprietor of the Second avenue, instituted temporary order of injunction was granted the defendant from carrying on business ‘as k premises Nos. 410 and 412 proceedings upon which & {2 livery stable at 323 East Pwenty-fourth ‘Th plaintiff claims that water froman.-old..well located a the defendant's ‘premisoa, and the: having continued for tion of the land, wht and claims that the water tract, John Awan ts a Chinaman of wealth, though minus the traditional taken the cue from our Western fashions, doned his queue. He yesterday morning café and inhaled the fragrant ‘ the land of the Sixth ‘ext appeared ho marched the culprit betore Justiee. Hl of iH beF abs I L il i ' : ifs i q ; es ut i H A! E i Eas’ at the Tombs, who committed the accused for ALL Apout 4 Pane oF Giase.—A bronze hued. “glass berbood of Ninth aveaue and Forty-first street, aot, Hite Micawber, “waiting for something40 turn up,” but ine tates went complainant cery store where the litle muss taken piace could not identify the men ed quite surprised appear: evidently had lost sight of were somewhat affected during quite recovered then. an int policeman’s was that the “fame a fy baa Jo aettio the affair for $3. 18 thinkiog the matter over he thought he would tendered tho price, aggressor but Louis, indignant, set big ot plainant hada non ananen Ph pone 7 The transaction, an for Tess than $25, Mr. as tho for future appearance. Goixo 1yt0 Tam Paren Bosremes.OMicers Mullen and Dunn, of the Twenty.seventh precinct, arrested MichaeP. Malloy, Lawrence Costello and Barney Collins on o charge of having stolen @ quantity of writing paper valued at $170, from the premises of Root, Anthony & Co,, No. 13 Trimity piace. of Jobn S, Barndollar, that Malloy was tn the employ [of of the ght ali 5 & # who strack at this the him $3 ia court, ‘As the Com: Sg mre Inzior com ‘Roache was required to give bai}: It appears from tho aMdavit officers arrested all three of the remises about ten o'clock last loor open, and near the door wae packed up in roadinoss to be , and they saw the prisoners rer from come from said premises. When drought before Justice faoik See tives of fan committed of $15000 bail cach. Costelio is ked, and bags lying about in differ: times at stations a: To one place me cai ie erybod Tougd ta 4 Fears and Malley nras ont places nd some| of mail the accused were Sessions in de- forty years of ‘eighteen, lewspapors were pient; ad theme TAY abolber vince be road cut opgny Ba! e