The New York Herald Newspaper, March 21, 1868, Page 5

NEW YORK CITY ‘ THE COURTS. — NITED STATES DISTRICT COURT—IN BANKRUPTCY. Important Notice to Registers. Yesterday morning Judge Blatchford issued the following notice to Registers in Bankruptcy:— ‘The attention of Registers is called to the fact that General order No, 7 in Bankruptcy requires them, at the close of the last examination of the bankrupt, s0 file all the papers in the case in the office of the Clerk of the District Court. Such filing is a duty imposed on the Register, and it is irreguiar for him to deliver the papers tothe bankrupt or to his attorney, or to any creditor, or to any person representing either the bankrupt or acreditor, The Register should see ‘that the papers are so filed as soon they are m condition to be passed pony by the Judge in refer- ence to the question of a discharge. Petitions Filed in Bankruptcy. The following petitions were filed in bankruptcy n the 19th and 20th inst.:—Julius Barnet and Isaac Bach, New York city, referred to Register Allen; Asa Holt, Jr., New York city, referred to Register Dwight; Sacharia Rode, New York city, referred to Register Ketchum; Benjamin J, Schoonmaker, New York city, referred to Register Williams; William H. Lane, New York city, referred to Register Fitch, UNITED STATES DISTRICT COURT. The Sherry Wine Case. Before Judge Blatchford, This case dragged its slow length along for another @ay yesterday, and goes into next week to continue dragging. SUPREME COURT—CIRCUIT. Before Judge Balcom. Feliz, Marz vs. Joseph Rothan, Louis Reinstein and Another,—This was an action to charge the de- fendants as partners with the purchase price of goods sold by the plaintiff in 1865 and delivered to one of the defendants, to be used by him in his busi- mess as sutler of the Twenty-first United States col- ored regiment, stationed at Hilton Head, S.C. The plaintiff alleged and gave evidence tending to show that the defendants Rothan & Reinstemn were part- Bers with the defendant Adolph Bessie, and were to share the profits and losses of the business. The goods in suit were bought by the defendant Bessie, the sutler of the regiment, and used in the business, and, as he testified, the proceeds were re- ceived by the defendants Rothan &@ Reinstein. The is were bought in the name of Bessie, he giving is individual note for them because, as he swore, the army regulations required that the business should be conducted in the name of the sutler, and he alone could be recognized and known as_ being interested in the business. The defendants Rothan & Reinstein denied the partnership and claimed and gave proof that the business was in fact Rothan’s alone; that Bessie was merely an agent of Rothan and had no authority to buy the goods, and that the plaintiff was notified not to deliver these goods and that Bessie alone was liable to the plaintiff. The defend- ant Bessie swore to the partnership. The defendants Rothan & Reinstein then produced an afiidavit made 4 Bessie at Hilton Head in 1865, wherein he swore that he bought the goods on his own individual responsibility and Rothan & Reinstein were not part- ners nor liable, This was met by the plaintiff show- that the other defendants caused Bessie and his father-in-law to be arrested at Hilton Head and im- risoned for an alleged fraud in the business, and affidavit was made under duress and a promise by the defendants to procure the release of the father-in-law, whose life was endangered by sickness and imprisonment. The jury found a verdict for the plaintiff for the full amount claimed and that the defendants were all partners in the business, Brown & Estes for plain- tit; Mr. Runkle and Mr. Quackenboss for de- fendants. SUPERIOR COURT—SPECIAL TERM. Decisions. Judge Robertson rendered judgment in the follow- ing cases yesterday :— Stern vs. Feist et al.—Motion granted, without costs. Stern vs. Sonneborg.—Motion granted, without costs. Nattlebohm vs. Tiiman.—Motion granted. Gennin vs. Baker.—Motion granted. Roches vs, Ottendorfer.—Motion granted. Platner vs- Byron.—Motion granted. Taylor et al. vs. Groome et al.—Judgment for the plaintiff; that the judgment menttoned in the com- laint, as recovered by the defendant, Wallace P. roome, be adjuged and deciared paid, satisfied and discharged. By Judge Monell. Aaron vs. Baum et al.—Judgment for dissolving ors odie gy and dismissing the complaint, with- out costs, Stephens vs. De Couts.—Judgment for dissolving the jinlanedon, and dismissing the complaint, with costs. By Judge Jones. Pramaggiore vs. Pramaggiore.—Report confirmed and order granted. Wiggin vs. The Horse Rider Nati Company.—Let the respective counsel appear before me to-morrow morning, March 21, at ten A. M. SUPERIOR COURT—TRIAL TERM—PART 2, The Relation Between Landlord and Tenant. Before Judge Barbour and a Jury. Doupe vs. Gennin.—This was a suit to recover damages arising out of the alleged negligence of the defendant in not repairing the roof of the premises No 777 Sixth avenue. The defendant Gennin is land- lord of the entire building, and rented the basement and first story to Doupe. On the Ist of February, 1867, a fire occurred in the netghboring premises and ‘burned off the rear part of the roof of the building in question. Plaintiff then applied to defendant to put = temporary cover and to repair the roof generally, which, as plaintiff alleges, defendant promised to do, Not having done so, however, plaintiffs upholstery Meee were damaged to the amount of $2,000, owing the inclemency of the weather. Plaintiff claims that the conduct of the landlord was grossly negii- gent, and is consequently liable for the injury to his Poti He also avers that the defendant exacted rent during the entire period of his tenantcy. The defendant contends that he is not liable in point of law, inasmuch as the plaintiff should have quitted the premises as untenantabie. During the course of the arguments the court held, as a proposition of law, that the relation of landlord and tenant between parties did not entitle the piain- ‘tiff to recover except on the ground of negligence on ‘the part of the defendant. ‘The case is still proceeding. For plaintitt, Wakeman, Latting & Emott; for defendant, Clark & Bell. SUPERIOR COURT. Important Stock Decision. Before Judge Monell. Levi Gray vs. John A. Underwood @ Son— In this case the plaintiff alleged that on January 21, 1865, the defendants, who were brokers and members of the regular board, had in their hands one hun- dred shares of Erie belonging to him; that Erie then faliing it was agreed by the defendants that if he ‘would sell that one hundred shares they would sell another hundred “ short ;” that he did sell the Erie on band, but the defendants refused to make the “short” sale. He also claimed that the contract was anentire one, and being broken, the plaintiif was entitied to recover upon the Erie so sold the differ- ence between the selling price and the highest price the stock reached before the trial, and to recover also @s damages for not selling the stock “short,” the difference between the price upon that day and the lowest price reached by the stock before the trial making Ue ag some $4,000, The defendants de- nied that they had ever made such contract, and asserted that at the time it was alleged to have been made f's mai was ae exhausted, defendants’ coun- sel also contended that even if contract had been made it was not gntii ‘as the stock on hand had been properly so) not be considered as an item of damage; also that as nothing had been paid the only damage recovera- Die upon a failure to sell short was the difference bo- tween the price when the order was given and the ores at the time of refusal, and th at as it appeared ne Vig own toad that he knew of euch refu @ same day, only nominal damages could be recovered in ‘any event. ‘The court charged, as claimed by the defendant's counsel, that nominal damages were only recoverable on the contract, and that only for failure to make the short sale. Also that if the jury found the agree- ment between the jes was tI @ mi should ‘be maintained in the hands of the ita, the were not bound to execute any contracts after suc! margin was exhausted. The jury rendered a verdict for the defendants, and the court directed the ex- ceptions to be heard in the first instance at the Gen- eral Torm, with a stay of proceedings. Joseph A. Weicli for the plaintiff; Geo. W. Wingate for the de- fendants. COURT OF COMMON PLEAS—SPECIAL TERM. Motion to Discharge an Order of Arrest. Before Judge Barrett. Perking 08, Cooke,—This was a motion to discharge an order of arrest. The defendant was originally arrested upon the allegation that he was the agent of On the trial the plaintiff fatied to sus- ation of agency, and asked leave to : ly granted and the amended compinint waa served, setting up a coparinersbip between plaintii’ and defendant, and the latter now Moved to dixcharce the order of xtrest which had SSS SS LS Se ve an amended complaint. | Pe ee ee ee ee a a NEW YORK HERALD, SATURDAY, MARCH 21, 1868 TRIPLE SHEET. ation. The court reserved decision. Forplaintiff,C.[ men may make to the Legislature. And Whitehead; for defendant, H. W. Johnson. I am puree to , and do boidiy oat of his teat ‘that iis state ts, ibwed COURT OF GENERAL SESSIONS. mony, statements, view! T OF — in Sa) light of tha capers, a apd of Before Judge Russel, very le wi jt eit! or out of the lation. And this I will now proceed to show. cnerencns. the however, of candor and fairness I frank); John Fareny, who was convicted of grand larceny, was sent to the State Prison for five years, Charles Presley, John Barmore and Austin L. Davis, who pleaded guilty to burglary in the third degree, were each sent to the State Prison for four ven eae Rot, of an attempt at burg: in John at but the third Sogzee. State Prison for two years. , Thomas Kitchen pleaded to an attempt at larceny. State Prison for one year, Charles Kramer and George M, Daly pleaded guilty oan one at grand larceny, Seni to the House o! CITY INTELLIGENCE. PusLic BATHS.—The near approach to the sum- mer season has again revived the subject of the establishment of public free baths, As a sanitary Measure there is-no doubt of their necessity and healthfulness, and for their early establishment it only requires a move on the part of the Board of Health, whose President has on frequent occasions expressed his full approval of the measure, and of the great success of the free bath system in Boston. Six bath houses were operated in tiat city last year and six additional ones are to be put up this yan which the Common Council Committee who ave the matter in charge report can be conducted for the aggregate sum of $20,000. The experiment in Boston, as a sanitary measure, has been abundantly endorsed by the press, physicians of every school, and all who have given any attention to the subject. The remarkable degree of healthfulness which has marked that oor for the past two years, ina great measure, is attributed to the daily abiutions of the large number of the poorer class of inhabitants who have enjoyed the advantages of the baths. If our Metropolitan Board of Health think their powers do not go to the extent of authorizing the work to be done forthwith, now is the time to ask Legislative action in the premises. By all means let the experi- ment be tried. INTERNAL REVENUE.—Collector Shook yesterday seized several small lots of alcohol, the taxes on which were unpaid. The liquor was sent to this city from Brooklyn. THE Horse AUCTION MarT.—Sales of stock were quiet yesterday. Good stock wasscarce. The demand for farm and market stock was firm, and the market was tolerably full. At Mr. Vandewater’s saie the following prices were realized:—A bay Hambletonian, 153g hands high and six years old, $650; bay horse Hamblin Ailen, $235; bay Morgan, $ other horses from $200 to $300, At Messrs. Johnston & Van ‘Tas- sell’s sale, Kast Thirteenth street, a number of bay teams, gray horses and other stock realized good average prices, Sreamsuip DEPARTURE.—Yesterday the North German Lioyd’s steamshtp Hermann, Commander Wenke, carrying the United States mails, left her mooring atthe Bremen pier, Hoboken, for Bremen via Southampton, with fifty cabin and sixty steerage Passengers, a full cargo and $45,000 in specie, Tae Boarp or Po.ice Jusrices.—The regular monthly meeting of the Board of Police Justices for the annual election of officers will be held on the first Tuesday of April. A spirited contest is expected between the magistrates as to the be aond of the Board, the candidates being Justices Dowling and Connolly. As matters stand at present the chances seem to be in favor of the former. THE CASE OF RICHARD CONNELL.—Yesterday af- ternoon several witnesses in the case of James Ho- raho, charged with inflicting fatal violence upon Rich- ard Connell, whose death was reported in the HERALD several days ago, were examined before Coroner Keenan, at the office, No. 4 Centre strect. The testi- mony introduced was of the same purport as that previously taken. Mr. Thomas Dunphy, who ap- pe as counsel for the accused, cross-examined the witnesses at considerable length, aiter which the Coroner concluded to hold Horaho to bail in the sum of $1,000 to await the action of the Grand Jury. ‘The defendant, who is twenty-one years of age, a native of Ireland and lives at 272 West street, denies his guilt in the most positive manner. Co-OPERATION.—The reguiar meeting of an associa- tion having in view the purchase at some distant period of building lots was held last evening, at a hall in West Thirty-second street. The ques- = tion announced for discussion _w: “Can a lot be obtained by co-operation for $150 worth $250 or $3007 Several members of the association addressed the meeting, picturing with great force the evils under which the working- men in this country have, in spite of our political system, labored, and the character of the class regu- lation which has subjected them in- ferior advantages; but it was not learned where the lot worth $300 was to be ob- tained, which, in view of the recent sale of one on Fifty-seventh street for $36,000, was a mat- ter of some interest. This association, under the Presidency of Smith Thompson, holds frequent meetings for the discussion of this great ee of providing the workingmen with comfortables homes at reasonable terms, looking mainly to co-operation for the achievement of that object. That they have not succeeded yet in the accomplishment of their purpose may be ascribed rather to the diMculty of “the situation” rather than to any lack of interest, originality or earnestness on the part of the associa- tion in considering the “ways and means.” Tue EQUINOCTIAL.—All day yesterday a chill north- easterly blast was blowing, to warn the citizens of the Empire City that winter and all its concomitant disagreeables were determined not to depart without having a final struggle and giving a parting blow. ‘The morning was hazy, damp and raw; the sun rose cheerless and with only an affectation of warmth, and even at midday its rays were not powerful enough to dispel the cold feeling in the atmosphere. Occasionally a gleam of bright sunshine would come out, as if in duty bound for the occasion; but the equinoctial had it all its own way, and wind and dust careened through the streets of the metropolis all day, filling the eyes of destrians with dust and most ungallantly interfering with ladies’ drape- ries in @ manner which would prove Boreas a misogaomist. ‘March comes in like a lion and goes out like a lamb,” says the old proverb; however, judging by the present year, the waning month seems inclined to keep up the lionine aspect from first to last. The weather for the past twenty-four hours has been painfully like winter and makes one dread a recurrence of our recent experiences. At ten o’clock last evening it commenced to snow and the thermometer has been gradually lowering. Fire IN SECOND AVENUE.—About half-past eight vclock yesterday morning a fire was discovered on the second floor of the four story brick building No. 657 Second avenue, which was occupied by Hugh Mc- Allen as a pawn shop and dwelling. As soon as the smoke was seen issuing from the premises an alarm ‘was given, when the engines were soon on the spot. The flames spread with great rapidity, and were not extinguished until the stock was dam: to the extent of $35,000, which was insured in the Rutgers and Jefferson Insurance Companies for only $10,000, The building ts owned by Mr. Cohen, and was dam- aged to the extent of $2,500. While the fire was in fs he the greatest consternation prevailed among jhe tenants of the tenement houses of the-vicinity, who busily engaged themselves in the pleasant occupation of packing up their worldly goods in readiness to leave their srarueen in advance of the anticipated flames. The Twenty-first precinct police, under com- mand of Captain Anthony Allaire, were present at the fire and did good service as usual. THE STREET CLEANING INVESTIGATION, A Review of the Testimony of Jackson S. Schultz—A Street Inspector on the War Path—Gallant Defence of Judge Whiting. Mr. Wolf E. Ambrose, Inspector of Streets in the Eighteenth, Nineteenth and Twenty-first wards, has addressed a communication to Judge Whiting, con- tractor for cleaning streets (which we give below), in which he reviews the testimony given by Jackson 8. Schultz before the Senate Committee, and which testimony was published in full in the HeRaLD of the 10th inst. Many of the statements made by Mr. Schultz, based on his experience while in the Board of Health, reflect severely on the manner in which the avenues of the city have been attended to. Mr. Schultz's testimony un- doubtedly had great weight with the committee, and Mr. Ambrose, feeling it incumbent on him, from his presumed knowledge of the whole matter, to remove erroneous statements, has somewhat tartly, we think, but quite directly, reviewed the matter of the ex-president and ex-member of the Board of Health, and it is now for the public to say with what effect. The averments of Mr. Schultz having been generally correct, let his readers listen to what Mr. Ambrose has to say in defence of Judge Whiting’s course aud case:— James R. Warttna, Bsq.:— Sin—!n compiiance with * sand nest I have re- viewed the mony of Jackson 8, Schultz, 4 a8 reported in the New YORK HERALD of the loth inst., said to have been given before the committee of the State Senate appointed to investigate as to the con- dition of the streets of this city. As there reported it fr ty that Mr. Schultz gives his views, as profess- ly based on his experience and observation while a member of the Board of Health, relative to the ques- tion of street cleaning in its various aspects as then entertained by the committee. Now, sir, lam un- willing that the representations of that gentleman to the committee, howsoever plausibie they may seem to the uninitiated, or even to the committee itself, should be allowed to pass without correction, particularily as his revious official position would naturally in- ovitinese=llseirapeinnceieaseaesonmeastanieaami i IEA i OS IEA BPRS BOE! CAEL LE ALOE SELINA ALLL DILDO AEE DAA LEZ Bg tte 6 NESE BSE REESE SCRE AS Si PRO RE sais eee ee eee ee eee Eee y admit that he was correct when he testified that the streets cleaned by private contract at the expense of the householders are thoroughly and completely cleaned, but 1 must add that of all his testimony made before the committee that alone was wholly free from error, And there is good reason why these favored sections of the city, swept in part at private cost, shonid be adju as thoroughly and coin- pieteiy cleaned, For, firstly, it is notorious that the Inhabitants of these locations by habit, by preference and by atari are lovers of cleanliness; and secon nd which is the chief reason, in addition to the weekly sweeping by your employes those sec- tions of streets are daily swept at private cost. Now let us make Mr. Schull his own judge in this matter, Has he not decisively settled, so far as his authority is worth anything, what is to be consider- ed a thorough cleaning of the streets? Speaking of those locations that are swept daily at the cost of the householders he says:—‘‘And the condition of those streets and those for the ciea of which Mr, Whiting contracts ts seen in this, that the private streets are thoroughly cleaned and the others are not.’ Well, sir, may you allow Mr, Schultz to judge between yourself and the public, according to h own, statement, that those streets are only tho roughly cleaned which, in addition to their being swept weekly by your employés, are also swept daily at private cost. “Now, this standard of thorough and perfect work which he adopts, and which is only attained by sevenfold labor and cost, he is pleased in his consistency to demand shall be your rule, who have agreed to sweep the streets but once a week, and for which you receive pay but once, As well might he attempt to claim Uhat aside of leather tanned in a week by a forced chemical process is equally valuable to one that has lain six months or six years in an approved decoc- tion of oaken bark. This your very critical judge condemns himself by absurdly claiming that your work, though equal to the contract, shall be as com- ba) as Uf your pay were sevenfold greater than it As to the cost of public and private sweeping: In his testimony before the committee he says:—"E do not hesitate to say that half as much 1s paid by private individuals to keep a certain portion of the city clean as is paid by the contractor, Mr. Whiting, for the work he has done.” From a thorough acquaintance with the business of private street sweeping in this ce 1 do not hesitate to say that there is no ny of his having made Go ade- quate investigation of the subject, or if he did that both his credulity and inexperience were very much imposed upon. The area swept by private contract is one-sixtieth of the whole streets of the city, and confessedly the wealthiest and cleanest portions. Now let me particuldrize somewhat. The whole amount paid for private sweeping in this city does not exceed $25,000 annually; add to this $25,000 more, and we have the sum total ($50,000) which Mr. Schultz says we pay for afl the work performed by you under your contract. According to the same high authority the private sweeping costs one-half as much as you pay for work done; therefore, since ‘ou spend only $50,000 per annum, your profits must 450,000, For this highly original mode of solving the question of your gains the thanks of the whole community are justly due to Mr. Schultz. I presume, sir, that ®our Acquaintance with the stern realities of your position will save you from being overpowered by an illusion so pleasing, But even your critic, after all his assurance, very much to your pecuniary disadvantage, eisewhere is found declaring, after very extensfve and patient investi- gation, he had made up his mind, fromm all the infor- mation he could gather, you are annually making $140,000 or $150,000 net profit. It will not, certainly, require much acumen or consideration on the part of the committee or the public to determine what degree of contidence should be reposed in testimony 8o consistently rendered. In reply to another question of the committee we find Mr. Schultz going out of his way, as he repeat- edly and designediy did in the course of his testi- inony, to give it as his impression that a less sum than is now expended, or not a greater one certainly, will ciean the streets thoroughly. But I will here fer for a moment to the perfect stancard for street cleaning which that gentleman has given us. Ac- cording to that he deciares that the whole city ought to be swept for a cost less than one-third of what he distinctiy avers is paid by pene parties, in addition to the work performed under your contract, in order tosecure that degree of cleanliness which he de- mands. In other words, since it costs $25,000 to sweep one-sixtieth part of the city, that being the proportion now swept by private enterprise, it will cost $1,500,000 to merely sweep the whole nba area according to the normal standard which he has introduced, But according to the most re- itable statistics, derived from general usage, it costs to remove the sweepings, ashes and garbage two- thirds more than it does to do the sweeping; so that, according to the ideal of Mr. Schultz, instead of its costing $500,000 per annum for street cleaning he wouid have the people taxed $4,500,000 in order to an equitable compensation for the same work. Surely the committee must feel exceedingly grateful to Mr. Schultz for his comprehensive, luminous and consist- ent unfolding of his ideas in regard to the matter which the committee have been sent to investigate. In view of the foregoing inconsistent statements of Mr. Schultz, I can hardly’ believe that either the committee or the public will be greatly misled by his extravagant representations as to the working of the department, side from certain spasmodic complaints sure to be elicited by the inevitable obstructions occasioned by the prevalence of large quantities of snow and ice in the streets, I believe that Mr. Schultz is the only man who has undertaken seriously to impeach the efficiency of your management. But doubtless, if that gentleman should ever be installed in your place a most surprising revolution would soon be wrought, His generous offers would induce not only the usual type of the manual laborer to join the ranks of the street cleaners, but skilled mechanics would take up the hoe, the broom and the shovel, and ex- press companies, ice companies and sate companies: would be Wholly ‘unable to procure horses at ail ade- quate eir purposes, J. WOLFE AMBROSE, Inspector Eighteenth, Nineteenth and ‘i'wenty-tirst wards. a BROOKLYN CITY. THE COURTS. UNITED STATES CIRCUIT COURTEASTERN DISTRICT. The $600,000 Whiskey Fraudse—Scutence of John Deviin. Before Judge Benedict. At the opening of this court yesterday noon the Assistant District Attorney, Mr. Allen, moved sen- tence in the case of John Devlin. Mr. Allen pro- ceeded to indicate the statute under which the indictment against the prisoner had been found. He said that the first count was based upon section 73, act of June 30, 1864, as amended by the actof July, 1866, which provides that any person who carried on any business or profession for which the law imposed a special tax without paying the special tax was subject to imprisonment for a term of two years and a fine of $500 or both. The second count was based upon section 73, act of June 30, 1864, and also section 79, which provided a penalty of two years’ imprisonment and $500 fine for any one who should carry on a business for which a license was provided without procuring such a license. The third count was upon section seventy-nine, act of July, 1866, which provided that every rectifyer should enter in a book, cpt for that purpose, the number of gallons of spirits manufactured. In case of a failure to do this the offender was liable to impris- onment for one year and a fine of $500. Deviin was then arraigned for sentence, and in reply to a question of the court as to whether he had anything to say why sentence should not be passed upon him he said he had not, THE SENTENCE. In passing the sentence the Judge said:—The offences charged against you are not trivial in their character. The words of the statute creating them indicate our intention on the part of law makers that they should not be considered trevial. They are punishable—the first one by two yei imprigon- ment and a@ fine of $600 or both; the second by an imprisonment of two years and a fine of $500; the third, imprisonment for six months, and a tine of $500, making in all five years, imprisonment and $1,500 fine. The ve has fixed that penalty a8 a proper pun. those offences. The punishment shows that they are not trivial. You have been found guilty of commit- ting all these offen and the conviction, in the judgment of the court, is correct. I have listened to the statement of counsel in your behalf, and have ex- amined the affidavits and attended with few mitigating circumstances. You are an intelligent man acquainted with the law and with the rules of the business, You had at one tiine been an assistant assessor, as I understand, and it is impos- sible to suppose had you desired to comply with the law that you could not have done so. Your fatiure to comply With the law is not due to any neglect of any offic! The punishment for other oifences than this part of the intent of the court alt of “the ‘aratute 7 vate tbe extreme nalty ie a wou! small panianmen but the other offences which have been indicated by this trial have come in tncident- ally; but they are not proven and form no part of bo punisiiment Sere ea erate be When jese offences ate provi ey Ww! ve oper punishment and not before. I find that oti have committed these offences deliberately, and by your conduct Lk iy to bring into contempt the law of the United States. You could have paid the 3; you could have received the license {f you had so desired, and you could have kept the books which the law makes a necessity for all dealers. I notice in the aiidavit that the books were kept; the time to have shown that was on the trial. 1 can conceive no reason why the books were not produced at the tal, as their roduction would have tended to show your innocence. Ho that may be, it is ‘true that you have shown a disregard for the law. ‘the letter written by your own hand shows your disregurd for the law, and that you thought the law eould not be enforced, 1 intend tw inflict a punishment wiieh in my Judgment will be @ proper punishment for these offences. It will been previously granted on charge of misappropri- ; Muence the reccomimendasions Which those gentie- | be @ Warning to others im the commuuity that the offence may not be repeated, and that you and the community may know that no man can disregard this law and escape punishment. 1 do not, however, intend to accumulate penalties upon you, trust- ing that the infliction of the highest penalty prescribed by any one of these sections will be sufficient punishment for the offence in question. sentence of the court, therefore, is that you be fined $500 and imprisoned for two years, the sen- tence to be executed in the Albany Penitentiary. Devlin was no doubt prepared for the sentence, though, like the majority of prisoners con- victed of ve offences, hoping that the pen- alty to meted out might be considerably lower than that provided for the offence, Had it been merely a fine Deviin would have produced the amount required and walked out | of court with an unaifected air, but when the Judge added to the fine an imprisonment in the Albany Penitentiary for aterm of two years he looked for @ moment as if all hope had departed, He was re- manded to the custody of one of the United States Marshals, and will be removed to his place of con- finement iiincdiately, SUAROGATE’S COURT. In the Estate of Hughes, Deceased,—This is an ap- plication by Mr. Alfred Kendal, representing the heirs of Thomas Hughes, deceased, calling upon the firm of Hirxtall & Sears, merchants, to account for the sum of $40,000 deposited with them by the deceased in April, 1664, The intestate, after le had laced this sui in their hands in New York went fo kansas and died there very ‘suddenly, The case ype some very extraordinary facts. Edwin lames, Counsel for the heirs, atterided to examine Mr. Sears as to the claims made upon the estate, claiming 4 large balance to be dne to them, After ps discussion the case was adjourned to Friday next. Edwin James and F, Byrne for the applicants; G. T. Jenks, for the adininistrator, COURT CALENDAR—THIS DAY, Cincuir CovT.—Nos, 221, 222, 223, 224, Erg 230, 241, 252, 234 to 239 inciusive, 241, 1 BROOKLYN INTELLIGENCE. COUNTERFEIT NATIONAL BANK BILLS.—A man who refused to give his name was yesterday arrested by ofMicer Walsh, of the Forty-fifth precinct, and locked up to answer a charge of attempting to pass a coun- terfeit $10 bill on the Marine National Bank of New York at the store 268 Grand street, E. D. The ac- cused, who is about fifty years of age, had $19 in eu money tn his possession when taken to the ‘ourth = street station house, but no other bogus money than the $10 mentioned was found upon him, He asserts that he got the bill froma canaller, and did not know it was bogus when he offered to pass it. He will be arraigned before the United States Commissioner for the Eastern district of New York to-day, SuppEN DeatH oF AN OLD CrtizeN.—Mr. John Cocks, one of the oldest residents of the Eastern dis- trict, died suddenly yesterday morning at his resi- dence in Eighth street. A ScHooL’ Boy KILLED.—A boy named Charles Madigan, about twelve years of age, a pupil at public school No, 25, in Walworth street, near Myrtle avenue, was fatally injured about noon yesterday, and died last night at the residence of his parents, ‘Throop avenue, near Stockton street, It appears that the deceased when leaving school at recess indulged in the dangerous custom among boys of sliding on the banisters, and losing his hold fell over, falling from the third story to the first, a distance of about. forty feet. The unfortunate boy struck on the back part of his head, producing a concussion of the brain, which resuited in death as above stated. ACCIDENTS.—Daniel Dadey, while engaged in hoisting cargo from the hold of the brig Coriia, lying at Woodruff & Jackson’s wharf, had his leg broken by the fall of a barre! of molasses, which was being raised to the upper deck, He resides at 31 Roosevelt street, New York, The injured man was removed to the College Hospital, Henry street, for surgical aid, Oficer Charles P. Aldrich, of the Forty-second recinct, was severely injured on Thursday morning tt by falling down an area way while stepping over, as he supposed, on the steps which should span the entrance to a building on Adams _ street, the door of which the policeman was about to examine, when he was precipitated down into the area, a heigit of eight feet. His recovery is consid- ered doubtful. ‘The steps had been removed through the carelessness of some of the employés of the place, and, it being dark at the time, the oMicer was unable to discover this fact. THE LONG ISLAND RAILROAD DISASTER. Statement of An Eye Witness—Wretched C dition of the Road—Rotten Crossties— Coroner’s Investigation. At half-past four o'clock yesterday, at Bellevue Hospital, Coroner Rollins empanelled aj jury to in- quire into the cause of the death of Oscar Lobdell, who on the afternoon of the 18th inst. was taken from the Long Island Railroad depot at Hunter's Point to the hospital, his legs crushed, his abdomen injured and his mouth and jaw cut and bruised in a fearful manner. Preliminary to giving the reader the material points in the evidence taken yesterday afternoon, it is, perhaps, proper in this place that the following facts should be given as they were received from the father of the deceased and a news vender, Patrick McGovern—an intelligent boy who was on the cars at the time of the accident:— “The train,” said McGovern, “left the depot at Hunter’s Point about fifteen minutes to four o’clock on Wednesday afternoon, eastward bound. There were one hundred and fifteen passengers on board, and shortly after we had started, that is, when. we had proceeded a distance of about two miles and a half, Oscar left the smoking car and was on the platform, about to enter the first passenger car where I was, when, without the slightest warn- ing, the cars strack each other, the platforms over- lapping and tearing apart violently, and in this place Oscar was subsequently found, apparently on his knees, quite inseusibie, and his right check resting in the palm of his right hand, The cause,” continued McGovern, “was the rotten condition in which the crosstics, at the curve where the accident happened, are. The engine, striking against the rail, rorced it—the tie or ues to which it is fastened being un- sound—to move out of its place—that is, the track spread, and hence the trouble, Passengers examined the crossties and declared them rotten. One gentle- man took his knife out of his pocket, and, opening one of its blades, pluny it frequently and with ease into the wood to which the rail had been fastened. I heard these people say that be | company did not pay proper attention to the road; that they were negligent, indifferent to the lives of passengers, and that the crossties were so rotien that it was not safe to run trains on them, Those who had charge of the train were blameisss, They are cautious men. The Wood was 80 rotten that the spikes which had been driven into them had, by the jarring of the wheels, worked out. If the crossties were sound aud the road properly inspected, as it ought to be, the accident could not have happened. If the spikes had worked up a little and the umber sound they ought to have been driven home again; and if they were and caine out when the wheeis © the locomotive struck the track, thus drawing them out, isn’t it clear that there was nothing to hold the rails in their places? A man Was caught at the time of the accident between the woodbox and the stove in the first a to car and injured. He was taken to the hospital, 1 was Knocked down, but not hurt. When we were taking Oscar across the ferry he came to his senses and reeognizing me said, ‘Pat, I'm roing, goodbye tell mother, when as see her, that hope to meet her in a better world.’ He didn’t say poe heen to me after that. He died about nine o'clock. The father of the deceased, Walter C. Lobdell, in private conversation, stated that his boy had been in the service for some thine of L. N. Shears, news agent, on the Hudson River, New York Central, Harlem and Long I vd Railroads, and that it was his business to take papers to the sub-agent at Hunter's Point depot, &c. The boy, he added, did not like to go on railroad trains. He had been seriously frightened once on the Hudson road, where an accident had happened, and his employer did not thereiore insist on itis going on them. On the day of his death he was acting in ee of a boy who was sick. Mr. Lob- dell added that he had not been able to see his son until — yester afternoon, having been away, and that he understood that his wounds consisted of a cut on the lips, that both legs were broken and the abdomen cut, from which the bowels protruded. The boy had just entered his seventeenth year, having been born on the 8d of March, 1862, When the jury had viewed the body, the engineer of the road, Warren D. Morris, was called and tes- tifled substantially as follows:— Have been a railroad engineer twelve years; was e to run atrainon the Long Island Rafiroad about five weeks ago; the trainon which I was left the de] at Hunter's Point on Wednesday last at thirty-four minutes past three P. M.; there were three cars; the cause of the accident was the Mpg nd of the track and letting the engine off; when the ac- cident happened the engine ran about the length of twocars before it stopped, and then tipped over; Iremained on the engine and put out the fire, after which I went back to where the boy lay jammed be- tween the platform of the smoking and first n- er cars and endeavored to relieve him, but it was ully ten minutes before I succeeded in extricatiny him; when I had, at length, relieved him I carrie him to the rear of the train and laid him on a door in care of @ physician who happened to be on board; I did ‘not see him fain until -put on a@ train to be taken to Hunter's Point; he was able to speak, but I did not ‘ask him how he came to be injured, for that 1 understood from his position; I have examined the rail since ti accident and found that the ground, in conse: quence of the frost coming out of Ii, liad swollen, and tuat this had caused the “chair? in which the rail rested to get out of its place, the latter havin moved abuut @ quarter of an inch; the spike had lousened; the smoking car went oif the track frst, undoubtedly the settling of the cross- tes had caused the spikes in the chair to loosen; the chair is usually fastened by three spikes, two on the outside and one on the inside; these were loosened by the striking of the wheels of the locomotive, causing the road to spread; this is not uncommon in the spring when the ‘rost is coming out of tae ground; some of the timber of the crosstie was decayed, but the accident took place on a curve ina cut; had it been on a straight line it would not have happened; on a curve the greatest pressure is on the inside rail; nothing but the engine tipped over; the last car did not leave the track; the ends of the platforms were broken—nothing else; the platforms on which the deceased stood were the ones that were smashed; twelve regular trains go over this portion of the track daily, besides extra trains, passenger and freight; have & roadmaster; it is this oilicer’s duty to inspect the road iis whole distance; the roadmaster and assistant go over the road once or twice a week; it ts his duty to see that the road is kept in repair. Walter Q. Lobdell sworn—Keside at 402 West Forty-second street; I am father of the deceased, Oscar Lobdell; my son was employed in carrying papers to the Long Island depot for the salesinen on the train; the boy whose duty it was to go on the train being sick the deceased Was asked to take the sick boy’s place on that train; he had a dread of going on trains; been in employ of Mr. Shears, news- paper agent, about three years; did not see hii until to-day; heard of the accident on the night of the afternoon that it occurred, Michael Kyan sworn—Is conductor on the Long Island Railroad; have been four years on the road; left depot at 3:34 0n the afternoon of the 18th inst, (Wednesday) on express train (Yaphank); at the time of the accident 1 was in rear car; this occurred about two and ahalf miles out from Hunter's Point; 1 was thrown suddenly on my back while in the act of taking up tickets; this was the first intimation [ had of the accident; the passengers were for a mo- ment very much alarmed, but [succeeded in quieting them; the effect of the accident was over in a mo- ment; I looked ahead and saw the engine capsized and the smokirfy car and forward part of first passenger car off the track; the car | was in did not go off the track; I did not see the deceased in the position the engineer described him to have been; the crowd was around; gave him in charge of a physician who was on the train; on the superintendent of the road ar- riving at the scene of the disaster, he took charge of the boy, and conveyed him to Hunter's Point depots did not'examine tlie rail thoroughly; was busily en- gaged in sending out flags to warn approaching trains; the curve where the accident occurred is pretty sharp; the rail was only in part shifted out of place—about an inch; beyond this the track was torn up; this spread- ing caused the wheel to ride the other rail; the track was torn from where the rail was displaced about twenty-five feet; the spikes in the chair were doubt- jess loosened and drawn by the frost and the setuing of the ground; the spike was drawn up about two inches; the crossties are sound at this piace; last summer the raiis and ties were renewed; the outer edge of the tie was decayed a little; where the rail was tied the timber was sound; I do not consider the road just now in good condition; it is safe to ran at @ moderate rate of speed at this season of the year; where the accident occurred the ground is soft ‘and foamy; the road is inspected by trackmen before and after every train; the road is divided into sec- tions and closely surveyed in advance of every train, Andrew J. Hi sworn—Live all Jamaica, L. 1; have been br: an On the road very nearly two years; at the t of the accident was at the on the rear car; [ felt the shock and supposing tie engineer had shut oi, I put down the brake and looked out to see what was the matter; was not near where the boy was; do not Know anything of the con- dition of the track or thé cause of the accident; did not examine the displaced rail. The Coroner here remarked that he would ad- journ further investigation until Wednesday next, at ten o’clock in the morning, A number of per- sons living on the line of the road, he added, were desirous of giving their testimony, and as doubtless facts tuat the public ought to know were in their possession, lie did not feel justi- fled in cutting otf testimony and bringing the inquest to a hasty and unsatisfacwory conclusion. The jury seemed to agree in the necessity of pushing the in- quiry, and said they would be present at the hour to which the inquest had been adjourned, Mr. Lobdell, it is understuod, intends bringing a suit against the Long Island Kailroad Company for the kuling of his boy, which he contends, with ordi- nary care in attending to the condition of the road, could not have occurred, not the engine: POLITICAL INTELLIGENCE, THE CAMPAIGN IN CONNECTICUT. SPECIAL CORRESPONDENCE OF THE HERALD. Hartiord and the North of Connecticut—Main Democratic Argument of the Campaign— The Copperhead Conservative Compact The Presidential Question Squared. Hakrrorp, March 20, 1868, In the upper part of the State, Hartford and the vicinity the campaign is just at its height, Hartford having had its great mass meeting of the season with the usual blare of brass and ebullitions of de- Mocratic enthusiasm, Senator Doolittle, having finished with the campaign in New Hampshire, has taken up the battle axe in favor of the democracy of Connecticut. The main argument of the Senator,and the representative argument of the campaign, has been thus far the unconstitutionality of the measures of Congress, especially so far as they relate to the solution of the problem of reconstruction. The Presi- dential question—I mean the action of Congress in relation to President Johnson—is altogether ignored by the speakers of the campaign, in accordance with the seemingly settled campaign policy of the democ- racy. The contest cannot, therefore, even should the democracy succeed, be interpreted as especially dis- approving of the present action of Congress as far as it affects President Johnson—that issue having been hardly mentioned in the course of the campaign. ‘The causes which principally operate in fayor of the democracy are bas pou the present condition of the manufacturing interesis of the State and the at- tributing of that condition to the republican negro suffrage and financial policy; and it must be con- fessed that these causes are made the most of by democratic orators, The copperhead faction has not been permitted to hold any ee a osition in the conduct of the campaign, though thi a mere ruse to exchange an element of unpopularity; and the fac- tion in question really controls the party, as will be manifested more particularly when the question of the Presidential candidate for 1869 arises and ins to be seriously canvassed. In the dangers of the factors campaign, rather than lose, the democratic leaders would submit to endorse a candidate with @ popular record, A sort of tacit bar- gain seems to exist between the copperhead faction and the democracy proper that the prospects of any copperhead candidate shall not be hazarded by any campaign committing of the party to a candidate with a national record. To this point, however, the opposition is likely to be driven by the tremendous igh gi of General Grant, whose name is accepted y the republicans for Presidential candidate as a matter of course, and thus some good to the con- Servatives may come out of that which under other circumstances would be very unfortunate, T compact to the contrary, notwithstanding, therefore it cannot be denied but that the democratic party may be forced to play off a popular nam against that of Grant, which is the e sirength of the republicans for the cam- the name of Grant, in spite of . By the unpopularity of Congress, the campaign in New Hampshire has been saved to the republicans, and they are sanguine of saving Connecticut by the same means. It must be added, furthermore, that the democratic leaders are far less sanguine ‘of results than they profess to be. In the northera part of the State the great popularity of the candidates for Lieu- tenant Governor and Secretary of State (Ephraim H. Stafford, and Leverett E. Pease, of Somers) operates a8 @ sort of guarantee for the district composed of the northern counties. In the midland portions of the State, on the other hand, the democratic State ticket is not especially popular;- and generally the democrats are puzzied with what weapons to meet the tremendous popularity of Grant. ‘The contest is really between Grant and the democracy, aud not between Congress and the opposition. Farragut and the Sailors. Buipeerrort, Conn., March 18, 1868, To Tue Epiror or THE HERALD:— We have with great pleasure and entire satisfac- tion observed in your valuable paper that you advo- cate and approve of Admiral Farragut being the democratic candidate for President. You could have made no better choice. He is just the very man with whom on our ticket we can make a clean sweep throughout almost all the States of the Union, and defeat Grant or any other radical candidate, Now, as we sincerely hope that the democrats will give “old Farragut” the nomination, with United States Senator James KR. Dooiittie, of Wiscousin, on the ticket as Vice President, we predict ceriatn success, JACK TAKS. THE CAMPAIGN IN LOUISIAN SPECIAL CORRESPONDENCE OF THE HERALD. Preparations for the Election Under the Con- stitution—Two Radical Slates, and a Pretty Quarrel=The Constitution Imperilied by Its Framere—Linpeachment Travestied in Loni- olana. NeW ORLEANS, March 15, 1808. ‘There is sore trouble in the radical camp—such a failing out among the politicians that honest men have almost plucked up courage to look out for their own, The republican party in Louisiana is broken up into two hostile factions, ag distinct and as bit- terly hostile as Thad Stevens and President Johnson. The split commenced long ago, and developed fully when Mansfleld bought up the Reputiican and sold out Chase and the niggers, It has reached such a pass now that the coming election under the Couven- tion will be as curious and instructive a tas any ie history, since those early days when first and second murderer slaughtered each other while the babes they fought about died of blackberries and starvation in the wood, The “carpet-baggers” began it. Under this ex- pressive term it pleases the old residents—Union men and rebels—to include all the needy adven- turers who came South under the wing of Banks, Butler and the Freedmen’s Bureau, or a3 corre- spondents of radical newspapers North, who have since squatted here and divided among them all profitable city and State appointments. The “carpet-baggers” began it, For five years they had had it all their own way and each successive act of Congress added more power to their elbows. The Union men of the State, the men who suffered and fought for their principles, found them- selves in the position of unsophisticated hedge spar- rows who had taken cuckoos into their confidence. Thrust out of the nest and left to shiver featherless in the cold, they have at last raised the standard of revolt and are making a vigorous fight of it. War- moth is the gubernatorial candidate of the carpet- baggers; Rev. T. B. Conway and R. I, Crom- well are among the ablest and most in- fluential of his backers. Judge Taliaferro is the chosen of the resident republicans and white men, His bottleholders include ex-Gov- ernor Wells, Pitkin, Page and Mansfeld. Taliaferro, as president of the late convention, has a standing among the blacks, many of whom have deserted to his standard, His sturdy independence and unim- eached honesty of fanaticism commend him to the or of the even extremest radicals, and besides alt these elements of strength the local press Is throw ing the ex-rebel influence into his scale, on the principie of choosing the least of two evils. Into the contest also came the Commanding Gen- eral and the new Governor with the most destructive weapon of all—the revision of the new registration lists, As has been more than ¢ stated in the HERALD, among the suffraged citizens to whose en- Uebranes wisdom the formation of a sovereign con- stitution for the State has been commitied are nearly a thousand negroes born in Africa aud never matu- ralized, and nearly three times that number of negro minors of ages varying from fourteen to twenty. Sheridan, by his registration orders, _ ex- cluded every white man who had held any- thing that could be construed into a public omce under the Confederacy, down to tho sextons of the country churches, Hancock by his revising order declares that even sergsants in the Confederate army and aldermen are not ‘*viflcers’? under the meaning of the Reconstruction acts, and he lays down that the mere assertion of a man’s having been engaged in rebellion is not sufficient to disqualify him from registering, provided he can take the oath; the fact must be proved to the registrars. These provisions aud the exclusion of Nlegally registered voters open the door to a wide modification of the electoral lists, Governor Baker has had the control of the registry appointments, and of course has taken care to name tie most con- servative men to be found inthe republican ranks. Enough. The Governor has thereby committed high crimes-and misdemeanors, The Governor must be impeached, The impeacher of the Governor of Louisiana is a coal-black negro, who signs his attidavit with across, and who of course is the mere puppet in the hands of the carpet-baggers. The farce comes on for & first representation on Wednesday, before the First District Court of New Orleans, Amid all these disturbing elements the constitu- tion is having a hard time of it. The committee on style spent a fortnight in vain efforts to lick into shape its uncouth and hideous proportions, Tho negroes insisted upon a preamble which set forth that they were dependent upon Almighty God for the continuance of their liberties and their connection with the American Union, but that they, “for the more certain security thereof and for the government of this State, did ordain and estab- lish this constitution.” Even as amended the constitution makes misdemeanors bailable after con- viction, and apart from Its social equality provisions strikes down ey security for law, justice or order, partly through malice prepense and partly through sheer ignorance of the meaning and effect of words. Judge Cooley, one of the meinbers of the conven- tion, in a pubiic protest against its adoption says:— “The oath of office required by article ninety-nine is simply an absurdity, and exhibits in its clearest light the total incapacity of the members of the con- vention to fultil the mission confided to them, What security will the colored race have in the oath of an ottice if the constitution which he himself has made does not afford it to them? ‘Ine whole articte was anti-republican, in direct conflict witt the prin already established in the title of the Bill of Rights, and will disfranchise a large class of the people of this State; and that class is composed of the very material which past events have proved to us we must draw from, we wish competent men to manage the affairs of State. The condition upon which they are offered the exer- cise of the elective franchise and the capacity to hold office is unjust, illiberal, ungenerous and humiliat- ing, and unworthy of being considered as emanating from an American head and American heart.’ With regard to the judiciary he shows that the ratte required are insufficient to secure a third rate Tombs lawyer, and that the Supreme Court, “the last bulwark for the security of titles in this State, will be a bench totally unfit by previous education to understand and consequently ex- pound our laws.” The Probate Courts will be even worse. In tribunals “having to pass upon the most ditticult questions under our laws, those re- lating to matters of succession, the judge is made elective by the people, and he is required to possess no qualification except that he shall be a citi- zen of the United States. Even the nominal qualill- cation of ‘learned in law’ was stricken out. And [ heard delegates say this was done to enable the freedmen to hold the place of parish judges.” On the social equality, car riding and hotel sleep- ing clause Judge Cooley is equally emphatic. He writes:—“Article 13, title 1, Bill of Rights, violates: the rights of private property, and this, to do that which legislation has always failed to etfect, viz. social equality, and a social is abhorrent’ to all our repugnant to the laws thi violation of the rights of private property for the above pu: Was deliberately de- signed and intended is evident from tie proceedings of the convention. Article 13 was nurrledty passed under the operation of the previous question, which prevented ail amendments, so that, with a view of testing the sincerity of delegates wio disclaim the in- tention of forcing social equality, I offered the fo!- lowing proviso to ail article No, 14:—‘ Provided Nothing contained in article 13 shall be construed to give (fagenel rights to any persons, of whatever race or color, tian are now by persons of the white race.’ ‘This proviso was almost unanimously voted down. Thus the colored delegates declared positively and emphatically that ihey were not sae isfied for themselves with the rights now by white men.” Denounced by its own framers, imperilled by the revision of the registration laws, and still further menaced by the divisions in the radical camp, the Louisiana constitution stands a fair chance of going under, Its atrocities are so flagrant that some of the leading republicans of the State are plovling against it, But in this age of reconsiruction nothing {3 im- possible, and by the aid of Congress and the grace of General Grant the imiddle of April may see tue com sUtulion adopted, juality which itions, = and of nature. That THE STAGE ABROAD. On the night of the five hundredth representa- tion of “Guillaume Tell,” Rossini abandoned his profits to the benefit of the pension list of the opera. He has also sent to each member of the com- pany IMs carte de visite, with the following inscrip- tio ‘A.M. ——. A Voccasion de la cing-centiime représentation de ‘Guillaume Tell,’ souvenir recon- naissant, G. ROSSINI.” Mile. Augustine Brohan, of the Comédie, a clever actress, sister of the more renowned Madeline Brohan, has just obtained a pension of 6,400 franca for twenty-seven years of consecutive service at the theatre. Augustine Brohan was born in Parison the of 2d December, 1824, and became a member of the company at the National theatre while stfil in her sixteenth year, Music and Fenianism seem to cohtest the palm in “that beautiful city called Cork.” Music however, is in the ascendant, and the selection from Roasini's “Stabat Mater.” which formed the staple of Mr. Nagle’s concert at the Athen#um on the 19th, ts Bouse by the Cork Examiner a great saccess, he singers were Miss Blanche Cole, Miss Zerbini, Mr. Parkinson and Mr. Sullivan, Onthe gross receipts of the provincial theatres in France six per cent is levied for authors’ rights, to be divided among them in proportion to the number of acts in each piece, When the “Lion Amoureux’? of Pansard was performed in the country that per- centage Was raised by the writer to eight for his work alone, This exaction, which excited just but sterile complaints on the part of the directors, has Oe been imitated by the author of “Paul Forestier,” . Emile Augier, who demands eight per cent of the Co receipts from the managers who wish to play is plece. AS the drama is too short to occupy the whole evening, this demand will raise the total pay- ment from six per cent to ten or twelve. “Le Premier Jour de Bonheur,” Auber’s new opera, is now rendering the Opéra Comique the moat fashionable house in Paris. It is certainly @re- markabie composition. It has all the freshness of youth, “Fra Diavolo” has not a clearer stream of melody; “La Muctte de Portici’? is not more dra- matic. Like many of Auber’s operas, the ovesture contains the elements of lasting pore. The principal motive of this is the song of the Djinns, which Djeima sings in the second act, Many of the most sprightly and forcible passages of the opera are introduced in the overture, ‘The opening chorus Is @ bright and live! composition, not unlike the famous Fisherman's Chorus.’ The exaggerated fashion in which Spanish audi- ences testify esteem has often been remarked. Re- cently Mile. Spezia came in for a share of these com- pliments after a performance of “ii Barbiére.”” ‘The bencheiatve was overwhelmed with nosegays and verses, While doves wert let loose to greet her, But did not stop here, It » in the shape of pre- tioned a gold crown the admiration of the pw took a more substantial sents, Among them may b with flowers of eme brilliants a mosai seribers to the boxe: hora Spezia on the scribers,