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6 “EUROPE. The Remedy for Fenianism a Reform of the British Constitution, Queen Victoria’s Notes on Wellington’s Death. arene Batraordinary Scene in the Swiss Council Chamber. The Cunard steamebip Siberia, Captain Hockiy, ‘which left Liverpool at ten o'clock om the morning of ‘the 11th and Queenstown on the afternoon of the 12th smstant, arrived at this port yesterday afternoon, bring- mg our European correspondence, in detail of our cable @espaiches, dated to ber day of sailing from Ireland, one ‘@ay tater than the report of the Germania, Mr, Thornton, British Minister to Washington, landed fom the Siberia. Mail telegrams (rom India, dated at Bombay December %, report 7 ib, shirtings, 4r, 12a; 814 Ib. sbirtings, Sr, Ma ; 40's mule twist, 103;, quie. Corton quiet; Dhol~ Qera, 1317, Shipments of the week, 9,780 bales, Ex- change op London, 1s, 11d. Freights to Liverpool, 653, At Calcutta, December 24, 7, shirtings, br. da ; 844 Ib, shirtings, Gr. 10a, ; 40’s mule twist, 534. Indigo very firm. Cotton slighily Grmer, Exchange on London, 4s 11 1-16d. Freights to Engiand—Seeds, 874 6d, The London Post of January 20 eays:—Mr, A. Bier- stadt’s fine landscapes, entitied ‘The Kocky Mountains’ avd “The Storm,” which were oxbibited at Mr. Maclean gallery, in the Baymarket, last season, when they were moticed in these columns, are now again op view at the game place, They have been purchased for £8,000, and havo been exhibited to her Majesty by royal command, ENGLAND. - SPECIAL CORRESPONDENCE OF THE HERALD. Fenianivm ahd Its Remedy—Proposed Recons struction of the British Constitution—The Plan and Its Results. Lonpon, Jan. 11, 1868, ‘The popular excitement in rogard to the Fenians is sradualiy dying away for the present, but it is liable to be aroused again at any moment by some new Fenian outbreak, What happens in Ireland is of very little woterest here, and the recent arrest of the editor of the Wahman at Dublin for seditious bel causes no comment except in the press, although it is hailed with ap out- barst of exocration from ihe Irish organs. Part of the editor's offence, it appears, is the republication in bis paper of articles from such American journals as the can, and of reports of Fenian meotings in the United states, The government must be hard up for proofs of seditious libel when it is Rompelled to inciude these republications, Meanwhile, though all the papers are discussing Fenian affairs, nobody has yet suggested a practical remedy for Irish discontent. The reforme ip the Irish burch, advocated oqually by Disraeli and Gladstone, | may be adopted at the next session of Parliament; but | ‘M% te alroady evident that this will not cover the case, The land reforms advocated by Jobn Bright are iin- possible and would iead logically to agrananism, The project of a separate Parliament for Ireland, recom- mended in the address of the Irish clergy which I sent you last week, finds no favor anywhere. Everybody ays that the patient is very ill; nobody bas a certain ‘cure to prosorib:. 1 do pot know whether any cure could remove Ire- Jand’s discontent. Some countries, like some indivia- wats, bave cancers that cannot be cured. But there isa plan which would at least alleviate the evil, and at the same time remove many other evils of which all classes tn this country now loudly complain. If you would give { tho power and the prominence of an editorial consia- eration it would assuredly attract attention and discug- sion bere, for at no previous time have the leading Amen- tap Journals been so closely read and their opinions 80 anxiously crilicised as since the recent Fenian demon- sirao The plan to which I have to gall your attention is such @ reconstruction of the Hritish constitution as will sim. phiy the government and harmonize and gratify we Prominent oationalities in the kingdom. It is tne American system applied to England, or the English Solonial system appied to bome affairs, Leaving the present im ‘arliament to manage the pohcy of the empire and the domestic allairs of Engiand alone, Jet us have a separate local legislature for Scot- land and another ior Ireland, mavaging the internal policy of these (wo Couatries as a municipal corporation inissysiem is by no means ¢ Mewlt of adoption or ‘operation, aud it will work as well bere as it has done in | Qhe United States und iu the Britieh colonies, Suppose it to be adopted fur ireland, and suppose it to be backed up by appointing one of the English prizces as Viceroy. ‘Then we have ip Ireland a coustamt court which will at- 4raet resident landowners and noblemen. We have, also, a legitiinate feld for the ambition of Irishmen, and @ free vent for their eloquence and their legisiative capa. city. A thousand reiorms in Ireland, whicn are mow jiussed over in the hurry ‘aud crush Of the imperial Parliament, woald thea be fairly con- axdered and speedily inaugurated, In a measure, the Jrwu would be allowed to govern themselves, and, con- sequently, they could have no grounds for complaint, and, ergo, Do Fenianism. ‘Yhero is a! present uo Fenianism im Scotland, ‘Qbere are grave complaints agatast the British gover ment Which this plan of loca: iegisiacuros would at om yemove. T! ut Parliament undertakes (v manage everything, acd the result is that notaing i done, The recent Ketorm bill, for example, stupped the way of ail Jocal legislation. “Railroads, county roads, all the local measures ‘hat secure the comfort aud develop the resources of tue people, are crowded out of Parliament ‘by pational schemes and graud debater, Give Soutiand ® local jegwlatare aud 6 jvcal court, and within ten yeare the prosperity of (he country will be nearly @oubied, These local legislatures will not interfere with the imperial Parliament any more than the Caua- dian Legislature does, On the contrary, they will renieve it of much of ite work and enable it to devote an vided attention lo autyevis of eral junportance, th for Scotland and for Irelaad the pian will be found most satisfactory. ‘If ali the State legislatures in the United States were abolished, and if Congrese should undertake to legisiate for alt the States, the confusion aud anarchy which ‘would ensue Would give you some idea of the condition ‘ef things here under the present Iariiamentary ayste.n. Experience has sbown that Congress cannot even the local aiairs of the District of Coinmbia ery, and yet F’ariiament protends to manage the alirs of the whole kingdom, Substitue for the preseut cumbersome system the elmpie, practical jan of @ central Parliament, assisted by Seoich aud eb leyislatares, and the whole machinery of govern. ment will work better, the wheels wiil be unciogged apd all causes of discontent will be readily removed by she sultrages of the peo) le themselves, There is no- thing in Unis scheme which seorived with suspicion fm he resali. The Vinagcial situation and American Cred. it-Foreign Koyaity at a Javerpoel Ball— Watching tho Feninns—Arrests on a War | Salurihy Vessel. The London News, in tie ty article, York markets very iarge araov jer's motion for payiog American cwrevey, aod ject which have since bara co injory of American ored The Londow stor, im by Wwe Uscussions on tha sub tinned to (he ran be onjectionable ex- | cept its novelty, and although acything new is always im Bugiaod, still there ore Miy of able “pons and influential voices willing to one A pau so vary of eppiication aud sv beuencial | Yesterday before the police magistrates at Dublin, anye tt was stated Mat English aud German lolders returmed to the New nt of Upited “tates bouds & Gonsequence of the ‘disgual! excited by General Bat- off the tive-twenty bonds in ‘serious 4 Guy article, eays.—The veutte to upwards of three bun- of the dangerous material sepomied, belonging to the Can- us, the British receivmg ship at enor, were @ charge of complicity in the Chamber of Commerce passed a re- solution pressing upon government the importance of Free myin scheels of science 1» the great centres Ke = . ‘purpose of giv: etematic tec! education both to th» middle and Sorking clagses. ”? Rear Admiral of Lloyd’, Halstead had resigned the Secretarysh!p Queen Victor! Book—Her ' Majesty’s Re- marks on the Death of Wellington. Queen Victoria's new book contains the following re- marks by ber Majesty on the receipt of the news of payee the Duke of Wellington which, reached her and :— ALt-Na-Gurrnagacu, Thursday, Sept. 16, 1852. @ were startied this morning, at seven o'clock, by a letter from Gotonel hy om enclosing a telegraphic do- n with the report from the sixtn edition of the im of the Duke of Wellin; deatn the day before | omg which report, or, We did not at all ‘lieve. Would to Gud that we had been right, and that this day had not been cruelly saddened in the afternoon, We breakfasted with Miss Seymour; and, after writing and reading, we started at a quarter to eleven with her and our Highiand +0 * * We got of party. our ponies, and I had just sat down to sketch when returned, saying my watch was safe at home, and bringing letters, Amung them there was one from Lord Derby, which I tore open, aud alas! it contained the confirmation of the fatal news, that England’s, or rather Britain’s pride, her glory, her hero, the yreate:t man she ever bud produced, was no more! ‘sad day! Great and irreparable national loss ! Lord Derby enclosed a few linos from Lord Charles Wellesley saying that his dear great tather had died on Tuesday at three o'clock, after afew hours’ illness and no suffering. God's will be done! e day must bave come, The Duke was eighty-three, It is weil for him that he has beon taken when still in the posseséion of ‘his great mind and without a long ilineas—but what a lows! One cannot think of this country without ‘the Duke,” our immortal hero! In him centred almost every earthly honor a subject His position was the highest a subject ever had, above party, looked up to by all, revered by tne whole nation, the friend of the sovercigy, and how simply be carried these honors! With what singleness of purpose, what straightforwardness, what courage, were all the motives of his actions guided! The crown never possessed— «nd J fear never will—so devoted, loyal and faithful a subject, so staunch @ supporter, To us (who, alas! ‘have lost now so many of our valued and experienced friends) his loss is irrepara- Die, for his readiness to aid and advise, ii it cvould be of use to us, and to overcome any and every difficulty was unequalled, To Albert he showed the greatest kindness and the utmost coniidence, His experience and his knowledge of the past were so great too; he was a link which connected us with bygone times, with the last century, Notan eye will be dry in the whole country, We hastened down on foot to the head of Loch Muich and then rode home, in a heavy shower, to Alt-na- Guithasach. Our whole enjoyment was spoiled, a gloom overhanging all of us, Wo wrote w Lord Derby and Lord Uharles Weilesley. could Commercial Relatio: whh Germany—rne Army Bill Debate. The Paris Etendard of January 10, refuting the state- ment which appeared in the new Prussian Gaz | States that the abrogation of the commercial treaty be- tween France and Secklenburg is imminent, La France says thet the expected Snancial statement of Count Camoray Digay will propose au increase in the taxation of 190,000,000 francs, a loan of 400,000,000 trance, coptracied on the guarantee of the eclesiastical property, and the cession to a company of the tobacco monopoly. ‘The Paris Debats of January 11 makes the observation | that political preoccupations are at presen obliged to | yield in several States of Europe to an ecouomic ques. Hon of the gravest importance, ‘The terrible word “famine” {3 found at present in various documonts coming from Russia and Prussia, the northern pro- vinces of the former country and the eastern portion of the latter being visited mot morely by acarcuy, but by positive want of food, Count von der Goltz, since his return to Paris, had two conferences with the Marquis de Moustier, | In the sitting of the Corps Législatif, January 10, M. Greasier, announced that the Committee of the Council of State had agreed to M. Lambrecht’s amendment to the Army bill, Marsal Niel, in reply to M. Garnier-Pagis, said that the new bill would not entail any additional expense for the regular army. Tho National Garde Mobile, he add- ed, would only be organized by degrees, Article I. of the bill was then adopted, M. Paulmier proposed an amenament that the men who were exempt from serving ia the regular army by substitutes should be also exempt from serving in the National Garde Mobile, ‘M. Segres supported this view. M. Rouher opposed it. M. Olivier maintained that right of procuring sub- — ought to be allowed in the National Garde le. M. Panimior’s amendment was rejcted. After some @bsorvations by MM. Picard, Jules Favre and others the fourth article was adopted by 170 voles Th “hamber then adjourned till to-morrow. RUSSIA. French Professions ef Peace Regarded as De tfal, The Invalide Russ, of tersburg, of January 10, | says:—The protestations of peace which have appeared French semi-offifficial journals are useless and re. ure no @e, Notwithstanding the friendly prof ‘ons of France, mistrust exists between Powers moi nan over, and the continous debates in the Corps islatif Ou the reorgaaization of the army prove that nce has secret plans of great importance fur the com- | ing year. | i | March and Dispositi |” [Berlin (Jaa. 18) correspondence of 1. Whe troops seat vo the Western provine sian empire w dou ‘ay! es of the Rus- bin the lass twelve months are set down 225,000, Vast as this number is, their er an enormous tract of country diminishes the military and political importance which would otherwise atiach to the movement, — iho échelon begins at Wilna, extending as tar south as Volhynia and the Ukraine, The various corps employed on this service are provided with cast steel guns on the Prussian pattern, of which (450 tour-pounders | and 260 nine dere) have been manufactured Krupp’s for the amu government since Novewber, Too conscription 1m course of progress will add 240,000 men inure to the tmperiai forces, without a cor- responding diame! of Veloraus having as yet been ordered—a circumetauce calculated to confirm the belief that the extraordinary ineasures resorted to are intended to support the Eastern polities of Prince Gortschakoit and givo the idea oi his being in earnest, No doubt come pressure ts exercised upon Austria, tae most vul- nerable of Hussia’s adversaries, by thie miiitary display, aad the language of the “1. Feteryburg and Moscow press is —_ ‘Bot of a kind to aliay any misgivings roused at Viena * IRELAND. Tae Military Feninne—Report ef a “Land. ing” on the West Consi—Fenian Reply to at Hic Bishap. ‘the latest mai! telegrams from Dublin, dated evening of January 10, report the soldiers who walked in the Dablin Fenian procession are atit! in custody, the report of the Court of Inquiry toto the case not baving been yet sont in to the authorities, | The Dublin Leeming Mavlsays Gve persons will be tried for bigh treason. ibe government prosecation far sedition avainst the Proprietor of the Jrishman newspaper was proceeded with The Morney General against Mr, Richard Pigott, the proprietor, to she Why a criminal information should not be filed against | him for seditious publications in his journal. The range | Of the prosecution extends from Jane last up to last | The magisirains, having imvestyated the | charge, committed the prisoner for trial . The brittsm bark Corredora, Capiain riven at Queenstown from Iquique on {Thursday even | ing, Teports having been ov a by her Majosty’s Meamer Lifey on the 6th J when off ( ar, | and kept under surveiu nill'ehe rounded Kinsale and stood infor the harbor, From Castlenar there pore to tho elect that troops were about to be pachod iramediavely to Hoimuilet (Mayo), as a large | Summons Was iagued at the euty Of th | body of Fenians had landed there from the wo of “suepicious’’ craft, Another “suspicious reported to beon seon of the Buylagh coast, of the bank are full of bullion, aod the wil is fait of ye eget are offurad ata ruinous aaceitioe—only two be Ro, secording to pave he eirun i al ‘of the fon the Feniaa mm a The writer (elise Mori- 5 Loudon aod Westra: nh por come dividend for « ary work (if we are to bel y reports, which, perhaps on our pari) be tow the Hank Towa per Jondon Advert tue bug stomts avid nod Lave +#.ou'e tar the di er wor po0l n the t ievala whowe the principal agitators aod not 4 wo or taken from their number #! Knowiwayo, for the vyrival and de Pant trig is wawhed, Shortly o vtit of January some men De irom a onaveyance in Cooper's ¢4 Lauber of caces, Which, up being Pa 7 Subsequently examaed, were {wind Wha filed with gub | arty that be read b ! letter with sorrow, because it proved that his. yinpathi d those of the overwhelm. jag Majority of his fellow countrymen are diametrically opposed; and, worover, that it was the tendency of his mind to seo Chings diferently, not merely from the mililons of Iretend, bat from tuo bishops and clergy of the driv Catholic Chareh.'"” He proceeds to accuse Dr. Moriarty of hard words, making unwarcuntable in- vinuatic playing in oie letter “the turtit of ex. clied pa The potion that it was « calumny onthe say thal a requiem mass had been cele- brated in hi ney fi Alien, O'Brien and Larkin ie corm ated The stal¢inen( was certainly gut irae; ho water, “su completely am I, and I betleve wine\y-ning out of ovory baadred Kerrymen, at variance with you isbip that, hod the ssatemont | been the very contrary of what it was, it is thon I would | have proapduced ne a vaiimny on the clergy of } Killarney—that is, supposing L was in ignorance of the he case, nety-oine out of every nundr Would nave attended the requiem dred Kerry mon atte of Flore’ ry 10 bea # cirenlar of the Minister of the Interior to prefect# upon the internal policy Of the govern. | meut, The circular, which bears the date of tne January, says —The first essential liberty of all is This object cenot vo attained when the government, | veing serapulongiy bowed (9 enforce them, deer pot NEW YORK HERALD, | Possess the necessary energy and authority, Ina State where it would be for few or for many to int~ pose obstac! nences detrimental to the execution of the law by placing themselves above it and above Parliament and the government, there would be only Liberty for the fow, to deprive of liberty all the others, It would be the negation of the constitution and of all liberty, and would tend directly ty absolutism or anarchy. Italy did not accomplish her great ana pacific revolution to pepeante revolution or to reap euch fruit frou it, wishes to cement and render truttul her precious conquests, She requires security and tran- quillity to able to develop that internal activity which alone can make her powerful, happy and re- spected. She is justly proud and jealous of her unity and her liberty, but, on that very account, she demands that the roment, while keeping within the bounds of the strictest legality, shail wake itself to be respected by all, that it shall employ no illegaljinflu- ence, aod prove by facis that it has a resolute will, au- thority and power to govern and strengthen its action, To attain this object it is only meceesary that the exiat- ing law@ should be carried out. On this sole condition can the Liberty of all be assured and guaranteed ; nor can the unity of Italy otherwise obtain & to which the country unanimousiy aspires, In conclusion, the Minister confidently relies upon the support of the ts, and believes that bie antece- dents im public life wll secure their cordial co-operation. He aliudes to bis former efforts in Parliament to pro- mote admiuistrative decentralization and to increase the Sphere of action and the authority of the prefects, The government will officaciously support the profects in Maintaining the respect for the law and moral principles. SWITZERLAND. ‘ing a Leaf from the New One—Scene In the C cil Chamber. The Journal de Gendve reports a very Conary Meng which occurred January 8 in the Swiss Grand Council, The report of the Committee on the Budget was sbarply attacked az M. James Fazy, and in reply M. ( heneviire said that the Mabilities of the Discount Bank would be Gininisbed it M. J. Fazy repaid to it the 77,109 francs which he owed, The report goes on to give tue follow- ing account of the matter: — M. Fazy—That is not true. M. Curvevirrx—The figures are in the report of the committee. M. Fazy—They ure false. M. CHgxevisne—I rely upom them, Let ®. Fazy pay what ho owes and the parties interested will have much Satisfaction. M. Fazy—There is not a man belonging to the wajon- ty of the Grand Council for whom I could not, if I pleased, produce details to compromise him, (Loud ex- ciamations.) Several Vorcra—Name, name! Do not ealumniate. jeasion of facts, but will not state M, Fazy—I am in Lrespect too mich the tranquillity and dignity the: Of the country. M. Bentamy—Yon lie! M, Fazy—I dm bound to defend myself against per- sonal actacks, Yes, I owe debts, but I have contracted them by sacrificing myself to my country. (Genoral lnghter in the gallories,) |. Revaciiek—Tuat may be said openly, M, Fazy—The figures given by the auditors of the Discoum: Bank are false from one end toanother. I asked for arbitrators and was refused. I have given 110,000f. and only received 45,000f, My father’s inheritance I Still possess; the desire is to deprive me of it, but I shall defend it to the last. (Applause from some beuches; laughter from the public galleries.) A time will come when ail shail be known. ‘There are men who owe their Porition attogether to secret service money. A great number of Mxununs—Name, name. M. Camvgrio—Tbis ie a very grave accusation. If M, Fazy do not explain, I will bold his msiuuatious to be pure inventions, M, Fazy—I assail only the Council! of State. As to my dobis, I consider them honorable. M. Revacuisr—That is nobody’s ailair, ‘The econo continued some timo longer. M. Fazy was Tepeatedly pressed to explain; but, in sprte of the unani- mous demands, he remained silent. NEW YORK CITY. THE COURTS, UNITED STATES DISTRICT COURT—IN ADMIRALTY. Calling the Calendar. Before Judge Blatchford. Jadge Blatchford opened the court yosterday morning at the usual hoar, and proceeded to cal! the calendar and tix cases for trial, ‘Action for Seaman’s Wages. Danie! Sweeny vs, the Stenmer South America, Caplain Tinklepaugh, master.—This case Was argued for the libeliant by Mr. Nash and forthe ciarmant. The court took the papers and reserved decision, Action for Damages Agalost a Steam Tug- “boat. James 0 Jewett et al, vs, the Steam Tug Yankee Boy. ~ ‘Tho tibellante sued the respondent for Camages under the following circumstances:—A vessel, the property of the libellants, had been taken im tow by the Yankeo Boy, and it is alleged that in consequence of the nogli. gence of the parties managing the tug the vesse! was per- mitted to run upon the rocks,thus causing her to susiain a@ considerable amount of damage. ‘The respondent denies tho charge of negligence and states that overy- ‘thing was done that it was possible to do for tho safe towage of the vessel, The caso is still on. Counsel for the libellants, Mr. D. Marvin; for the respondent, Beebe, Dean an‘ Donohoe, Petition in Bankruptcy Filed Yesterday. Putnam F, Spaulding, New York city. Referred to Register Dwight, SUPREME COURT—CHAMBERS. The Chicago, Rock IMand and Pacific Rail. rond Litigation—Important Decis Belore Judge Cardozo, James Fisk ef al, va, the Chicago, Rock Island and Pacific Railroad Company.—Judge Cardozo gave w lengthoned decision iv this case yesterday morning, and were to tue followtug effect :— examinod as well as any other witness previous to trial, or to obiuin affidavits to be used on @ motion, Second, that a searching examination is not proper, but i an examination ¢oncerning the actual facts by the party bo the t, that a pariy may be to within knowledge of the person examined, aud necessary to the motion, Third, the right practice is to prepare and tender tothe person whose deposition ie desired an affidavit and to request bim to verify it, He did not mean say that such a form wat a matter of jurisdiction betore the ordor could be.granted, but be thought it was the correct ralo of practice which should yovern the pro. cooding. There was no hardship on the applicant in ‘this rule, because be must know to what facts a person can testify, or he cannot say that the affldavit is neces- sary for him, He did not think that any of the conse. queuces which the counsel for the plainuill deprecated would foliow from such a course, If the party be d prived of any affidavit because he does not kuow of any witwoss whom he betievoa can testify to what he deoms necessary, them all that could be naid was that his motion fail, but he was im the samo plight that every ono who has a just cazso of action ia without adequate proof. The law bas furnished no means by which be may exami Persons to seo if be can find some one who can pro’ what be may require to support bis motion. But ir the witness declines to make the ailidavit, the Court may compel him to do it, and certal cious oxercise of the discreti Would iiesitate to grant the order whou it appeared th witness not only refused to make th : 1 to him, but, thongh claiming that it was i rate im some particulars, dectiged to correct it. Court said further, that it the witness could show sat factorily that he knew nething of the sabje matter of the afiday’ or that it was tn general seope and character false, the Conrt ought not obuge bin to testily., The objection that no aifidavit bas beea offered may be waived, and 1s waived when the witness makes a general refusal to test ify if he inteode to invoke t rules of practic must place himself upon the objection when be is to westily, Re has the rigut to demand that an aft stances of each pare a why, if there di aa sufficient tleular at he saw no res not appear to have been aay bat allidavit tendered, the Court suould not arrest the pro- cnedings at any stage of it, hot thia should mevor be done tnteve it be clear that the atid ane frank upon all the points wilt Sixth, he did mot think wing come withoot spec affidavit tendered to hiny the motion either th nattor, of stantially f # that the or al scope, jaxtifies and di xomination stand, ‘These the cays of Mr. Beng ” itted to make that , be nist ‘depend upon fit apd frank as tho them, and before do videaco takes that when houtd | mot readily | after thas furnt racer and Tovs be a co i THlas Which he should apply to them, then { stimony must be enbm wim and he wonld ide the matter; but he preferred that counsel would determine among themeeivss, because to make 8 raling Upon the euiictoncy of these affidavite on the compe: tency of any of the quée.ions objected to might invo some @xamination of (he meriie of the prineipal mo- jons, Which he wished to svoid until the arguments nn them were heard. if, however, further action on Die Dart Was Corgerary. Je) the complain!, evidence and the conclusions which he had come to in general terms | would not | TUESDAY, JANUARY 28, 2868. affidavits be submitted to him to-day, and he would make ruling on Wednesday. SUPERIOR COURT—SPECIAL TERM. nie, eset rendered judgment im the following Yesterday :— i Fn ag lance Bo 9 ee Elisa Woke vw, Wiliam P, Shea,—Motlon granted. wan etal, vs. Livitgston Saterlee ef al,—Mo- ni Louis Houseman vs. A, Ranous,—Judgment for plaintiff on demurrer. om, Ann Trainor vs, Henry Rosenblatt,—Motion James K, ‘Sellick en Martin a. fies Moron ectiing anide Ju t granted. A ie Barbara Welzel et al,—Motlon granted bag md yp 4) a Meyer Ne ‘Motion granted, Us, fewman. —| 5 Isaac D. Hammond vs, Join S. Chestiechal.—Motion denied, with $7 costs, Gert Jaussen va, Henry Ciews & al.—Motion granted, Before Judge Barbour. Thomas McCleilan @ al, vs, The Union Ferry Com Pany.—Motion granted without costs, John Blevit! vs, Thomas Steele et al.—Motion Lye u few York and Cesta granted, without costs, Jeremiah Towle vs. Jacob M. Palmer ef al.—Motion granted, Jeremiah Towle vs. Simpson ‘Tolan et al.—Motion granted, COURT OF COMMON PLEAS—SPECIAL TERM. Decision. Before Judge Barrett. Seppile vs, Albites.—This was « case in which two of the defendants, Manara and De Nogre, obtained a judg- ment in the Supreme Coart in this district against the defendants, Albites and Stefanone, for $10,454. The plaintiff, a special partner of Albites and Stefanone, aside that judgment upon the ground of jusion, and he obtained a temporary in- junction to restrain the sale thereunder of the property of the firm. Manaraand De Nogre then showed cause and after yeading certain affidavits upon the merits the exeq' lanara, as Consul of the republic of Guatemala, was produced, and it was claimed that the injunction should be dissolved upon the ground that the State courts had no jurisdiction, The injunction was dissolved as to Manara and continued as to the other de- fondant. COURT CALENDAR~=THIS DAY. 143,150) 158, 160, 2 3840.54. 06, 80, 8h Maly Tad }, 159, a ada 2h, 5a aa 76? 130, Tid. 30, 45°44, 51, 60, 63, 69, 73, 92, 98, 99, 101, 111, 195, 136, 145, 32, 56, 68, 63, 64, 65, 70, 15, 110, 121, 16, 17, 18, 19, 20, 21, 22, 26, 27, 31, 42, 49, 83, Seo abs, Bs woh oe ese ae, aie et ee RS aN 1794, 1776, 272, TS, O40, 104, 178,800, 760, 240, 708, 102, 9007s, 240 Manixe Court—Inian Tens.—Nos. 170, 190, 207, 206, 145, 158, 159, 208, 200, 210, 211, 213, 246, iva, 220,’ 225, , 297, MUNICIPAL AFFAIRS. Board of Alderm ‘This Board mot yesterday afternoon, pursuant to ad- jJournment, and disposed of a large amount of routine business; after which a communication was received from his Honor the Mayor notifying the Board of bis having given to the tax levy, as passed by the Board, his formal approval, although he did not approve ef all the alterations. He gives the ordinances his formal ap- proval in order that the estimates may be presented to the Legislature at the same time with those made by the Mayor and Comptroller and heads of departments, The paper was ordered on file, ant the resolution, previously adopted by the Board of Councilmen, requesting the members of the Legislature from this city to endeavor to secure an amendment to the existing Registry laws so that citizens who may have been nocessarily absent from the city on account of business or navigating the the h'gh seas, or for-any other reason, during the time alioted for registration, shall be entitied to deposit their votes on election on showing proof satisfactory to the inspectors of election that their absence from the city was unavoidable, The resolution was concurred to, and the Clerk of the Common Council was directed to trans- mit acopy of the resolution to each member of the Legislature from this city, On motion then the Board adjourned to Wednesday at two P. M. — Board of Councilm The Board met at two o'clock y President Stacon in the chair, The Board concurred with the Aldermen in the adop- tion of a resolution that the Presidents of both Boards of the Common Council and the Finance Committees of the Boards proceed to Albany to represent the interests of the Corporation on all matters affecting the city of ‘New York before the State Legislature. A resolution was adopted direc(ing that the members of the Common Council be furnished with maps, stationery, books, &c., necessary for the transaction of their business, A resolution was adopted reqnesting the Counsel to the Corporation to report to this Hoard uf bis earliest con- voulence all the facts in his possession or that he may be able to ascertain touching the ali transter of tho title for sale or other disposition of the ground now or lately occupied by the Croton Aqueduct Department for aqneduct purposes, and lying between Ninety-third and Eighty-sixth streets, the Ninth aveaue and including the portion lying between the limits of the Central Park and the old receiving reservoir, from the Corporation of this city, where it was vesied by purchase to the origioal or private owners by the authority of the State Legiviatura, Adjourned to Thursday nex: Board of Supervisors. A special meeting of this Board was held yesterday morning, at which a small amoun: of routine basiness in the way of anditing bills was transacted, and « reso ‘uUon empowering tbe District Attorney to appoint an assistant, with an aunual salary of $4,000, was intro- duced and laid over. A communication was received from bis Honor the Mayor noti’ying the Board of iis having approved of the ordinance adopted by the Board making appropria- tions for county purposes for the current year. In the commeanication bis Honor states that several times during the past year he bas withheld his signature froin bills for repairs and supplies to armories, because he thought they were unnecessarily large, bat that wt the Hoard, being the legally constituted anditine body of the county, had audited and allowed them, he dil not interpose his veto, but merely withheld his sig- nature, thus mauifesting ‘his disapprobation. He fur- thor states that the amount necessary to pay the rents of the armories and the liabilities aiready incurred by the Board will ¢xuanst nearly the wholo amount appro- priated, aad he anbmits that for all further evpenditares for this account sball cease except such as may be, upon the most careful examination, found to be absolutely pecossary to preserve and protest the public property, and he suggests that before any fur- ther Hahilities be incurred or expenditores be made the proper commities appointed by the Board shall make a careful estimate of what may be necessery and report the -ame, with a particular sistement of facts, day afternoon, Board of Audit. Al the meeting of this Board yesterday there were pre-eo. Movers, Depew, Bonney and Stewart, and im- mediately afler the openine of the Board the decisions of the following claims wore aanounced :— Claim of David T, Valentine against $5,896 27 was dieatlowed. The claim was made for services in compiling the “Manual” for 1396, and the “Lincoln Obsequies;” for exira services to the committees of the Board of Alder- men; for s oto the Board of City Cauvassers; for tbe city for | postage, expressage to Albany, subscription to the news- ag om the items of Mannai ($3,500) is disal- the Common Council bad » perform the ser. ) were nov readered “‘out- ies,'’ and that even if they (bo in violation of the fol- Hy ebarier = the lowed, for authority to vices, then they n Wy any or ordinanee of Lhe nagon Gounell, The claim for compiling the “Lincoln Obsequies ($1,000) was disallowed for the reason (hat no appro- priation Wat aver teem Ins the t he found in found iw vost jowanre of the claim follows: — ait C vane onal aa aude concermag mn for extra serviess to committees Clerk to ality canversers, being baved on rane the Co Towncil pasad after the Let of January, A from the juristiction of the Board, and Uae claims for postage, ko. wore not supported by any ay dence of the tact (hat tue expenditures had beom wathorized by the Common Council. Ja giving (he decistou on this claim the Board states that the rate goverding ite action In this matter 14 that by which ie governed la alt siintlar claims roade for xtra allowance by persons while serving Ia an offcial capaciiy, and states that the paragraph? noted from the city charter show that they were intended t9 pro | vent oi'te frow obtain iu the city (reasury a single foliar beyond their aslaries (or avy purpore, work Of busines whateonver, The decision further states, that |t hae been rape: urged before the Board what it war obliged ta i gato equitable as walt as and county, and thas diserasiouary power ts vosted {1 the Board to allow Chums on squitable grounds which the piain and expil cit letter of the IAW repudiates. In answer to these amnomptions the Hoard quotes from “story's Equity Ju. risprudence,’’ (sections 25 and 34), as follows: ‘ able claim for which the remedy mmet be court af equity, of acourtof law. i a oquity ean give no different construction to law, Whether written oF customary, (rom that wiieh w warn courte Of Taw, nor eo ‘any deseo: or Imp low OF (he law linelt.! the nd aad® to pay for the work, and | 1 another objection ie | sine as Forker against the county for Ot Can inst the county for of A. T. Campbell agat was Tne Haggerty for $453 and $230 ini Le Agen jof the Board in these cases were materially the same as those above referred | to, CITY ENTELLIGENCE. Tue Ssow Stonm,—Sunday night another anow storia i visited this city, and yesterday morning all out-doors Was clad im its spotiess mantle of winter's ermine; the avenues tracklegs, al! epread with the season’ carpeting; each window ledge a broad ribbon of silent whiteness; ing the past aud as from present ind! ns is would seem that Villainous system is likely (0 become dangerousty seidemic. President Acton has determined to pus an end te 1% ima very sum: manner, and for | that purpose the detectives attached to headquarters and the various wards alike bave received strict orders & bunt up (he verpetrators of the late outrages, cost wh: in efforts to do so, BANK OF THE REPUBLIC ROBBERY. n Before Justice Dowling—The vrosecution Closed. ‘The readers of the Herauy will remember that a few @ach black railing and fence | aays ago two men, named Weed and Murray, were ar- tipped with purest down, There is inconvenience | rested on the charge of stealing from the Bank of the enough te car routes, to pedestrians, to all cations in the streets at such a time, but a.storm similar to that of Sunday night and yesterday New York seems asleep after and during the continu. ‘ance of one of these mufliing snowfatls; footsteps fall echoless, and even Nature, versal seems uiteril her busy out yeste! children, The anow be without intermission, melting as it the busy avenues, until whea a change in the temperature caused it slowly to sidewalks and in the streets, The various lines of increased their horse power, and upon one route there was attached to tho care track cleaner—amall brooms | , Ac0 AY: | Republic certain bonds and seeurities, amounting im the aggregate to about $15,000, Last week the case wae- commenced at the Tombs, beiore Justice Dowling. Weed’s case was called firat, the evidence in which case: mother, her “hush” ha! the hurried progress of | has already appeured. ‘The case of Murray, an accomplice of Weed, is set: down for Monday next at ten A. M. examination of the charges against Edwim A. od amed esterday morning at the, Tombs, Heilgerton & Co.'s employ, where be had fl in front of the wheels, that revolved as the car pro- | 149, ; witness recoilects that on the: coded; while on another route there waa tried ou eee ott ate wore toma by said firm; they invention called the American plough. it was ap instra- | bouyns them from Clark, Dodge & Uo, and wero” hollows of the track. % ih, Ra ws @ track. Tt was the effects of friction for its fc paved non. Should the storm continue through the morning’s throbbing throng pouring down a catch the sound monotonously snow-shoveller, All this pushing and thrusting away, all to-sweepitie and spelica, asen @ famation of the sentiment contained in the beautiful, snow. Ascinnt axp Monern Rowe.—Mr, James W. Gerard delivered a most able, instructive ana interesting lecture ‘at Masonic Hall last evening, bofore the New York Young Men’s Catholic Benevolent Association, taking for bis subject Ancient and Modern Rome, A very large audience was present, fully one-half of it being made up of ladies, After giving of the foundation of the Eternal City the lecturer led §=to «give its geographic: appearance, its climate, and then took up the ruins of Pagan Rome, ‘upon the principal of which he dwelt at some length, describing cularly the viaducts, the Mamertine peas will imant over | Det! ‘Dechiiar and distinctive noise of the ubiquitous | Ove Of the Missouri sixes; examined the bonds and entered them; of the ledger and dato marked) (Witness bere examined the bonds’ the prisoners and reco, nized thom.) Wit-: ear ively to the bonds; the bonds went ‘the same day they were purchased to ’s bank for D, Cohea; never have seom the bonds since the 25th of December, and don’t know who stole them. Cross-examined Judge Stuart—Witness did not buy the bonds bimself and was no! present at the pur~ chase; do not personally know on whose account were bought; bonds were delivered at the office by » receiving the bonds 1 book and at ones sent thenn “to Cohen & Hug until to-day, and as no receipt was given for them wit ness rena know to whom they were delivered, and if 8 summarized history | they do not correspond:to the number and page of the ledger they are not the same; these same charac-| hppa upon ail bonds passing through the bani the ledger contains a memotandum of the delivery 4 the bonds to Cohen & Hagen; the bonds were delivered! to the deponent’s bank in one packaye and gent out io; prison, wherein St, Peter and St. Paul were confined be- | the same way; their value was $10,000, or each bont fore thetr execution; the pagan temples, the Pantheo: the Collosoum and other historic piles, the columns ani arches erected in memory of the em and great sol- diers of tho old empire, after whic! modern city, ita Vatican and the Quirinat Palace, its basilicas, and particularly St. Peter’s. Of this, tho dest monument ever erected for Christian worship, 19 Spoke extensively, and after alluding to the charities of Romo closed his lecture amid loud applause. Ttie value of the lecture was enhanced by the exhibition of accurate pictures of the most :mportaut subjects treated of. This is the frst of a series of discourses to be de- livered during the winter under the auspices of the asso- ciation. . Tex Years w Avrica.—Last evening a locture was delivered by Lieutenant 1Joyd, in room 24 Cooper Insti- tate, on'‘*fen Years iu Africa,” Throo-fourths of the audience were colored people, and the lecturer being himself a sable gentioman they were all at home with each other. ‘The lecturer stated that the chief object of | Dut Justice Dowling ordered the defence to proceed. his visit was to give some information about Africa and its rich and teeming mines, in order to induce such per- 8008 a8 were speculating to go there and develop its re- soyrces. Referring to tho climate of Africa, he observed that the therfometer ranged from sixty to ope hundred and five degrees and went seldom above or below these figures, He gave a general description of the and of the bad government of Liberia, jent delight upon the fact that the aristocracy there, composed chiefly of black emigrants from the United States, bad each, in some instances, one hundred and fifty wives, Throughout the lecture was diversified by characteristic humor, but portions partook largely of the hackneyed “ particularly so in his comparison of races, ‘or any other man”’ style was performed to In conclusion, he trusted Africa would hold a frout place in the ranks of nations, for Christ and civilization were Bow rapidly progressing. attonded, but those present appeared pleased with the entertainment. “ Tue Suootme or Marry Sauwon Justiviannx How. was of the value of $1,000; thero were no other funds in the pac! ¥ ‘ Redirect—Witness does not know whether the boy rs ne treated of the | took out to Cohen & Hagen’s any other . package at the grand | same tim 1 Missouri bonds are of the denomination of $1,000; Idid not put a list, or memoranda in the package when 11 went out. To Judge Stuart Witness kept the memoranda that came inte the bank with the bonds, and on sending them out they w accompanied by 8 memoranda made as follows:—‘l'o be delivered to Cohen & Hagen, for D, Cohen, $10,000: Missouri sixes;’? there were no numbers on that memorandum. To District Attorney Perry soared the bonds returned to Cohen & a, use af me y were received there was pinned upon the bonds such an order. Assistant District Attorney Bedford announced thas the prosecution would rest here, as the bonds had beem identified. Judge Stuart stated that the lence were not ready > Edwin A. Weed, the prisoner, was then called, and. r having been cautioned, said he wasa native of Connecticut, twenty-nine years of age, and a broker by profession, He eutered a plea of not guilty. Judge Stuart again protested agains: proceeding. ‘The court adjourned until Wednerday, at one o'clock P. M., to meet in the room of the Court of Special See- sions. INTERNAL REVENUE MATTERS. The ilticit distillers in Brooklym appear determined to prevent avy ivterference with their operations, and, judging from present appearances, there will be trouble in attempting to enforce the law among them, The first indication of this was manifested yesterday morn- The lecture was not largely | ing special Inspector Pinckney having received intor- mation as to a number of striis that were betng operated Micitly in the Fifth ward of Brooklyn, commosly known cps.—On Sunday might Martin Salmon, the man who | tho Navy Yard ward, dotailed twelve inspectors to was shot by Epbriam Coon on the Erie Railroad | Proceed thither, make investigations and seize such pier several days since, died at his residence, No. 18 Desbrosses strect, from the effects of the wound received, The facts of the case have ready been published, Yesterday afternoon Coro- r held: an inquest on the deceased, the Fifth precinct station ho Several witnessos | their are examined, from whom was elicited the fact both Coon and Satmon were intoxicated at the ti the affray. The jury, on hearing all tne testimony, how. ever, came to the conclusion that the shooting was jus- tiflable, and rendered a verdict accordingly. Tho priso- ner Coon was thereupon discharged trom custody. Preranations ror St, Parricx's Day,—The executive committee of the Knights of St, Patrick will commence making arrangements for the annual bauquet at a mect- mg to-day. ‘Tar Lark Psren Foror,—At the regular monthiy meeting of the New York Typographical Society, on Saturday evening, Mr. Chas, McDevitt rose and an- nounced the death of the oldest member of we Society, Mr. Peter Force, who joined that institution in February, 1812. Mr. MeDovitt having been employed { in the same office with My, Force in their early days, was enabled to relate many interesting facts in regard to the deceased, who always took a warm interest in the progress of the Tk The rooms were ordered to bo draped in mourning for the space of one month, asa tokon of respect to the memory of the deceased member, Crman THe SipewaLke.—If the police do their duty to-day they will see that the corporation ordinance in regard to removing snow from the sidewalks is observed, aod turn delinquents over to the Police Court Justices, ‘The ordinances referred to have, as » general thing, been entirely ignored, and the resuit Bas been the collection of hummocks of we which have been impediments to travel, and from whieh have resulted a large number of accidents to pedestrians. Atirceo Avremrr To Porson Two Can.prey,—Oa (be Ist of last November Mrs. Sophia Hamiltom, residing at 25 Saffolk street, engaged as her servant a girl of sixteca years named Mary Ann Fibbs, who has been living with her iu that capacity until Saturday, the 26th inst, On the Wednesday preceding, for some misconduct, Mra Hamilton thought proper to chastise the girl, who there. upon threatened sho wonld be revenged on Mrs. ‘The lady, in reply, informed her that would not ber the would dismiss her of Febray ensuing. On Saturday Hamilton, being necessitated to absont charge of the girl Fibbs her two children—Blizabetb, aged eight years, and James, » child of six years. Doring tho temporary absence of Mrs. H., it is alleged the girl opened a sealed tin box, containing and labelled “poison,” prepared for the extermination of rats, and, ‘cading shout one-third of the contents on biscuit, Offered Ito the cuildrea. but is wes by then declined, po Ntton been present whon the girl opened the box prepared the biscuit, knowing its contems to be poison, having been so informed by their parentw. On the refusal to partake of the food {he pet ‘became and assaulted the children tn « violent manarr— #0 violently asto compel a lady residing in another part of the house to go to their arsictance, Foiled in ber attempt to poison the children, or subsequently do them bodily barm, asthe deponent is porewaded, ine girl left the house and did not return. The hee 'y ar. ‘Who is quite a child in appearanes, was subeeqa rested and taken before Justice Mansfeld yest ‘who, the gitt’e father requesting (ars. Hamilton ¢ senting to withdraw her complaint), sent ber to. House of the Good Shepherd for six months, It is not believed in ofring the children t50 ratsbane the girt intended to destroy, but only to make them sick A Bisack Deno.—John Turner may bean exoeilent acrovat, as tie name indicates; but he is a decidedly poor band at “iifting.”’ On Satarday he enterdd the house No. 195 Madison street, and, without leave of the owner, took therefrom a black coat of the ¥: Iummediately on loaving the premises the enterpr Tarner woe tnraed over by officer Walsh, i no marched bin before foird . Marphy entered of theft, ‘und he was thet ing tho Seventh y 4, fa Sranmive Avrnat.—dustice Homan yo commtted (o the Tombs fer examination & man named Joba Varnody, who had beon arrested by viticor Maloy, of tha Fifth precinct, om the charge of atabling Timothy rw Canal, at a late hour et in a basement saloon f flooring ech other eparated, 9 fary stariod for home followed in pursnit, and Coming ip with hm Van eoing to kill you,?? at the same tine stating minihe side with @ pocket knife, inflicting » dewp lv tangerous wound, Garm wilde a { to awa esnit of Leary ’* Jajari ATTEMPT AT HIGHWAY ROBBERY. Abont tua o'clock yesterday morning, 43 4 nian named Bant'© laatve, who is employed as porter in Ure estab. | lishment of A, W. Solomon, No. 76 Hrowd stro | returning from the vault of (he | and wo entering the hail door ovies, (wo ton, attired in solitiers’ over Mats | ings A hats, throw themsoives endeavored i overpower him the struggle «which «ansued | between and his aagailants one of Sadana aussmpe to oblain posses 0 i Fas ben dntate nie whieh he had in his hand cash box containing $11, The villaina, hawerer, box, and noon the spproar’ not sueceed in goiting the b of reversal pereons who hat | ag tbe precincts of the Navy Yard. places as might afford evidence of illicit distillation. ‘The instructions given, these officers were to meet at three o'clock yesterday morning in the City Hall Park. (Brooklyn) and proceed thence in a body to carry ont further orders, Accordingly at the hour named they met in the Park, and were about proceed- mg to their destination when it was discovered that they were being watched by partios who were act- ing as scouts for the distillers an¢ by othere who are known to be “ranning’’? iliegal underground stills. Frow what they learned the officers becaine convinced that any attempt to enforce the law on this occasion would lead to a conflict in which biood would be spilied, and in ali probability live would be lost, As the in- spectors considered their number too small to make their orders eif-ctive they agreed to return to this city and report the rosutt of their discoveries, It was ascer- tained that the distillers bad armed themsel ang their triends, and were prepared to give the ‘tore a bloody reception had they attempted to @ any soizures, The mode of operation was to be as fol- lows:--An alarm: of fire was to be sounded as a signal for the assembling of the “ronghs,” whe Woro to act against ths officers; aud no district in the United States embraces so dense a body of lawless mem ‘The illicit strlie here are reported as being very numerous. They are removed from place to place every few days in order to escape detection, and when, perchance, the where- abouts of one of them is ascertained force is used to: prevent the execution of the law. Only @ short time since & posse of officers from the Third distict was beaten by a ganc of rowdies while attempting to remove’ an ilhcit still, and stil more recently Iuspector West mot with extremely rough handling by a similar gang while engag’! in the performance of his duties, The parties who thus aid the iaw-defying distiliers are in- direcily connected with the Brookiya Fire Department, and it is eagy to assemble them at the sound of the five alarm bell, An iliicit still was found some weeks in the rear of an engine house in this Neen aut — ravine tee unanseie ies day morning t) a large war potions their arrival, decided to adjoura their action till a more favorable opportunity. If the officers of the Revenue Department s! we Magy emer _ capnot succeed in roying still ne tan district it is the pra tige gh « a its of meen of the law, but a terror peaceably ai: tuhabitante of this vection of Brooklyn. — After the revenue oilicers had returned to this side of the river yesterday morning taming five barrels of illicit stuff that had just co across the ferry. They were stored in a bonded ware- Rouse, and the seizure turned over to the United Statee District Attornoy for prosecation. The exposure made in the Heratn some days age relative to the reshipment hither from Europe of petro- Joum barrols, bearing i has resulted ip the adoption of measures to prevent such fiaads tn future, the Collector of Customs being about to issue an order to his officers not to allow any such barrels to be Yanded from any vo-rel until the inspection marks aro completely erased. ‘The receipts of whiskey tm this city during the past week wero 3,509 barrels—all of which were from the West, and 73 of which were tax paid. Below will be foond a statement of collections and from what cources derived, for the vears 1565, 1866 and 1867, In the Sixth disieict, M. B. Field, Collector :.- From Wha! Source Derived, 1965, 1866, 1367. Manufactures and pro- ductions. 6.6.0... $1,511,461 $1,877,142 $1,001,854 Maughiered auimat» 14,489 8,055 bd (goes Tecelpte...... ai 7 50,170 3,427 Sales... oes 6 Ot 18,154 Licenses . 120,590 108,674 2,166,004 1,155,184 23,820 45,120 Mal collections, 186%, collections, 18¢ Poual collections, 1867 Grand total...... $11,040,567 NAVAL INTELLIGENCE. The United states surveying steamer Bibb, Acting Muster Platt, arrived at Key West on the 13:h from Washington and on the 15th eailed for Toringes. Tho United States steamer Don, Commanier Ralph Chandler, arrived al Key Woet trom New Orleans on the lath, A StNeULAR Caspr ov 3) Knee AND Dati, — Nir. € D. Cutrk died at Myun, Mase, last Week, attor a aod comfinoment (0 bis bouwe of nearly «sventeen in at the age of sixty-two yoars, The circum ckuess of Mr, Clark are very Y eo under the sof Lynn and viemity attendants upon the case the purpose of gaining seten: tho first attack the deceased the left arm, whieb, in » ving at the end of 5 dip thearm until ith ’ sar hed tue albow, 4 it Was thonght best to ampn. tate, whieh Wass ty dong, and for a few month hopes Were had of ihe recovery of the pationt, — fis od, and there was every app oxrept great woakaees, bie right leg began drying up at 1 and had ne reached the knee, whon, a few daya ago, purple stripes appeared nerogs the limb above ; the breath grow porter and the sufferer preset ensily away