The New York Herald Newspaper, April 21, 1868, Page 4

4 THE WAR IN PARAGUAY. Allied Reports of the Attack on Humaita, anew Establecimionto Captured and Abandoned. 7 Phe Allied Iron-Olads Probably in a Trap. ‘SPECIAL CORRESPONDENCE OF THE HERALD. Details of the Allied Attack on Humaita—The Prize Abandened by the Captors—The Allied Gunbeoats in a Narrow Passage. Rio JANEIRO, March 11, 1868, The spurring which the inetfable generalissimo of all the Brazilian land and water forces in that mud and watery region called Southern Paraguay has re- ceived since the lst of January, when the people of Brasil, patient as asses before, first really began to wake up to the idea that as a mere matter of dollars and cents it was better to use their men and money for some other purpose than to start and all new graveyards every week, has resulted In a movement of genuine importance to the allied cause—namely, the forcing of the river batteries of Humaitd, belowwhich the Brazilian iron-clads had laid so long “ground- ing on their beef bones,” as the old salts say. In fact, upgn the morning of the 19th of February the trial was made, and, like many another dificulty, fear of the unknown was found to be the greatest reason why it had not been attempted many months before. On that day, before daylight, six small Brazilian iron- clads, intended solely for river service, passed over the great three chains boom, which lay in a ticklish Position for a vessel to raise and cut, and after run. , bing the gauntiet of the seventy to eighty cannon, mounted af various commanding points of the tortu- ous channel, arrived in the open stream above, with- out the loss of man or monitor, but with the sides and towers Or casemates so badly hammered during the forty minutes or so, while they remained under fire, that two of them had to beach to prevent their filling. The passage of Humaitd by six vessels, even although they were iron-clads, was a tolerably plucky action, although they came out of it so much safer than any one anticipated, and although the freshet of the river enabled them to pass over the chains which, at a lower stage of water, they would have had to cut under the converging fire of thirty cannon. Three of the six vessels were monitors of the tiniest kind, carrying one seventy pounder rifle: the three others were somewhat larger; two carried four one hundred and Ufty pounders each, in a square central battery, and the other the same armament in two turrets. None of these or of the other Brazilian vessels have thicker iron on them than four and a hadf inches, backed by fourteen to eighteen inches of solid, hard wood. A single two hundred pound Parrott gun in the Paraguayan batteries would long since have sunk every tron-clad, whether monitor or central battery, in the Brazilian navy; but, as is said, the wind is tempered to the shorn jamb, and fortu- Dately for the allied cause, the heaviest cannon of the Paraguayan batteries are two or three of eighty Petre the rest are sixty-elghts, thirty-twos and e following are the only accounts which have as Yet been got of the gasring of Humaité and the pre- céding ascent past the baiterics of Curupeity by the three sinall monitors spoken of above, the capture of Estabelecimiento and the reported azrival of the gun- boats at Asuncion:— On the night of the 13th of pees the three small tronwlads, Parf, Alagias and Rio Grande, built in Rio, passed 4 past the batteries of Curupaity to join the iron-ciad division above. ccording to the report of the various officials, a first attempt was made on the prerions night, but, o" to the unmanageability of the vessels, due to the small power and bad working of their engines, cans them to yaw dangerous!y in the swift rum ning m, the officer tn command signalled to them to return before they came in range of the enemy’s guns. On their return the Alagoas ran into the gunboat Ypi and had her chimney thrown on her deck. ‘The 15th was spent in rectify- ing the engines and improving the stecrage of the vessels, and at alittle past 6:30 P. M., with a dark and showery sky, the three little iron-clandg set out to creep past the batteries of Curupaity, numbering about twenty guns, four of them sixty-eights. Not- withstanding the precautions taken to avold alarm- img the Paraguaydns these soon discovered the movement and opened a fierce fire, but as the gun- boats hi 1 the Chaco side and were searcely dis- cernible the dark night, the only one touched was the Ric Grande, whfch, having got into a float- ing island, was foreed to back out and thus e @ favorable opportunity to the Pa! jayans, ine was struck with two sixty-cight-pound cannon baills—one on the tower, dinting it one inch, and one on the side, dinting one and a half inches, and, it is said, loosening the plate. This vessel was an hour and a half within range and the others about an hour. soon as the !'araguayan batteries showed signs larm the wooden division below moved up and intained a heavy fire upon them until the monitors had passed in safety. No lives were 1ost. = etek very badly, and, on obe 0¢- oi al her steering was aided by minage- ment of her twin screws, she yawed go much as t touch the river bank “with her bows. As the successful passing of Curupaity by these vessels was to be followed by the attempt to send a division of iron-clads past Humaita, of which di- vision the three little monitors were to form part, every effort was made Yo pat them in the best pos- sible order and remove their defects. On the 18th the division Mak a an‘ the early morn of the 19th was fixed for the daring essay. ‘Tnis division consisted of the Bahia, four (160 pound rife in two co i‘ the flag of Commodore Delphim Carlos de Carv: 0, son-in-law of Admiral Ignacio; ine (seventy pound rine in turret); one ret); one (seventy pound rifle in turret), and the Rio Grande, one (seventy pound rife in turret.) The Bahia was to tow the iggdaa, ie Barroso the Rio mate); Grande and the Tamandare a ‘The river had risen so that the chains placed slanting across the river in face of the battery “London” of Humaité bagged in the middie so macp, owing to the destruction of the three supporting fata, a6 to be there twelve feet below the arrace, The larger, clade drew eight to uine feet and the small monitors five to six feet of water, and 80 far they were attempting the passage under favorable cit cumstances that the cutting of the heavy chains under the concentrated andi heavy fire’ of the Datteries converging on them would have been an ion of great risk and diMculey. ‘The great rise the river, it was believed, had disabled or carried off the torpedoes in the channel; but, with all the advantages urising from those circumstances, it was looked upon as probable that one or more of the adventurous vessels would succumb to the difenlties of the Marrow channel and to the re of eighty can- | non at short range, the majority of which were sixty- eight pounders and two or three one hundred and fifty pounders. wh of Admiral ignucto relates the feat as follows:— Sim—The national marine and army have just given her most brilliant day of glory to Brasil. On the 19th inst., @t thirty-five minutes pas) three im the morn- ine, eae Loan egos ~~ Syuatee under my command, composed of the trop-ciads Bahia, Barre and Tamandaré, and the monitors Park,’ Alagos and Rio Grande, under the orders of Captain De phim Carlos de Carvalho, aud protected by the fire of the tron-clade Brazil, Lina Harros, Colombe, Cabral, Silvato and Hetvai, under my command mohief and of the respective commander of division, Captath Joaquim Rodrigues de | Costa, forced the famous pase of Humattd = after it, the still stronger one ‘of Tim! 1am sorry | cannot as yet give the particu. lars of this resounding action, one wiven will equatize Our marine with the most important in the world. | At the moment I write (eloven A. M.) I receive fry the brave Marquis ‘le Cvxias, Commender-in-Chief or | the army, the note which } have the honor to offer | to you in copy, and also tie yuickiy written bulletin senttome by Captain Deiphim. hese documents | will suMfce to iet you know how nobly and | grandly our marine and army did this day, one of the fortunate which (he brasilian nation a in Delphim could not send me the om as he wae proceeding straight om to Asuncion. To whut Ihave written { must take pleasure of adding 4 heroic episode, part of which ‘was Witnessed by me and part reported from the pi hog bali from Humaita cui the hawser fastets ing Bahia to the Alagoas; the iatter was carried down stream, and ! sign: Com- } meander ity, however, hwitating Nelson, “Did not see and ied to it to anchor. Mauri Parker's signal.” lie steawed up stream under a page alls, all the batterion past them only wien daylight ; re en tearary, sueh devotion, so fe en ‘Billed me with emtbusiasw:. Actions like this tery prudence alone. | therefore wllowed jeutenant Joagnim Antonio to follow bis good destiny, since and | would have given him of the preminme, " beyond the batteries it was assaulted by forty boats ans. Maufity ran on ‘to and steamed on of (he pur arinada, Lieutenant Maurity | is the unanimous ‘vowe of the squadron, Your Excelleucy will ander atand how sorry | am noi to be able, as ou ary with , 10 send more ample particulars, Mean- while I can give you the agreeable news that we ave only mmodore iphim bruised and tenant barne - ani few. others } the boom. NEW YORK HERALD, TUESDAY, APRIL 21, 1868—TRIPLE SHEET. beer ron honor of the mm to their apo a ai ian marine, ba for vy wo from he sganron ol for the much youhave done for Permit me, your Excellency, to mimend to you the chief, com- manders and officers of the Third Sven, 904 very especially Lieutenant Maurity; also the chief, com- imanders and ofticers of the nd division ftpp- clads), which tly aided the Third. My as com| of iodore Alvim, Post Captain Fer. tain; ‘Fist’ Lientenaute “‘Palmelra. ‘Legey aad Prec 3 nat e 4 antonio de Mello others near J enga, and Lieutenant ‘Tamborim, e first, four Second Grand ar and the worthy Jf the great rendered 0 me, Likert Affonso good service with a small division in Lake Piris. ae which 1 will give a detailed relation in opportune time. I asx your Excellency to have the goodness 16. kiss His Majesty's ‘hand for me ‘asa “ny sub. ordinates, God have your Excel! in care, Tohis Excellency, CONSELHEIRO AFFONSO CELSO DE. pope FI@uEIREDO, Minister and Secretary of Marine, BARON DE INHAUMA, Commander-tn. The leading vessel, the’ Barroso, the k Grande, was struck only four times from Humait but twenty times from ‘Timt ®@ stror it higher up. The Tamandaré and Fe wien fel ye were so badly mauied that they had to at Tayi to prevent their sinking, The Al ‘was of course most ¢: and received such battering that several of her plates on both tower and sides were loosened and some even beaten off, Immediately on arrival above the batteries the vessela opened upon Timbo and Laureles. The Bahia, Barroso and Kio Grande, which had suffered least, took in coal from a small deposit brought to i, and proceeded on the 20th up the river towards Asuncion, with the mission of destroying, as far as possible, everything which could be of service to the defenders, Cholera had entirely left the fleet at last dates. The high freshet of the Paraguay had flooded and inutilized the naval railway in the Cuaco, and pro- babi, Fs also the road there by which the .Paraguayans had been receiving supplies,'in any case of no fur- ther service in consequence of the ny a having possession of the river above Humaité, CAPTURE OF THE WORK CALLED ESTABELECIMIENTO. In connection with the foreing of Humaité by the iron clads the Marquis de Caxias had planned an attack upon the Paraguayan outwork above Humatté and on the river Paraguay, with the object of short- ening the line of siege and of giving the army a triumph more immediately personal to it than that of the feet, To conceal the real point of attack feigned movements and attacks were undertuken. un the afternoon of the 18th, then about 6,000 men, imantry, cavalry and artillery, with twelve pieces, were formed outside the camp of Tnyu-cué and after being reviewed by the ae de Caxias returned to camp. However, at ten P. M. these troops were again got quietly under arms and they marched by 8. Solano in the direction of the Estabelecimiento or Estancia de Santa Anna. On getting close to it they were put in order of battle with the cavalry on the leit, and the approaches and works were recon- nulicred. These were circled by two deep channelled watercourses, and lakes, ponds and water channels covered them to the river, leaving but a small front accessible trom any points, ‘The first brigade, under command of Colonel Barras Falcao, consisting of the Thirty- first battalion, the Sixteenth, and the needle gun battalion, for the tirst time brought into action, rushed to the assault but was met with such a heavy lire of rockets, grape and shrapnell, that the stermi- ers hesitated at the ditch and turned. At this time, however, two butallions of Colonel Pinheiro Guima- rae's brigade (the Third), in support, came up and with a rush the intrenchment was car- ried at that poimt and the Brazilian flag planted within it. On the left, also, a part of the Rio Grande cavalry having been dismounted these charged the intrenchment lance in hand and succeeded in entering it almost simultaneously with the infantry, The Paraguayan garrison consisted of abont 1,500 men, with fifteen light cannon, and the two Paraguayan steamboats aided great! in the defence, their heavy cannon myeeuing: with grape the approaches of the work, After the successful storming was eifected fire was opened on the steamers, but they succeeded in escaping down to Humaité. The losses of the Brazilians were 148 killed, 339 wounded and 42 bruised, in all i29, That of the Paraguayans was about 120 kulled and a few prisoners, besides 15 cannon and a quantity of arms, munitions and catue, The action endured three hours from the first shot to the cessa- ‘The works were, however, aban- doned after peing ruined and the camp burned, the only object of the attack apparently being a demon- stration agaist the enemy and the destruction of the brickyards and other establishments used by the enemy. i Oe official report of the Marquis de Caxias is as follows:— To his Excellency the Baron po Hervat:— > Thave the greatest satisfaction in communicating to you that toulay, at five A. M., I ordered an attack to be made by pari of the forces that marched with me from ‘Tuyu-cué, on the enemy's fort called Estabelecimiento, which, as you know, lies above Laureles, and was of the greatest importance to Lopez because of its facilitating his communications and iavoring the herding of cattle. ‘The fort had two — intrenchments, with a@ rrison of 1,600 men, more or i besides fifteen ieces of small calibre planted in the batteries. Dur soldiers attacked with the gallantry and bravery peculiar to them. The enemy was overeome after a tenacious resistance, fleeing disbanded to the lake bordering the locality, pursued by‘our soldiers, who felled with their blows those who had escaped with life from the fortification. The loss of the enemy was from 500 to 600 killed, leaving in our power the fifteen pieces spoken of by me above, a cousiderable quantity of arins and munitions which were in de- posit. On our side we ‘had 600 men hors de comet, more or less, between killed, wounded and bruised. You will please give the most stringent orders that as soon a3 possibie the greatest possible number of carts may come hither, even those that may In any way be obiained from the sutlers; this measure i4 rendered necessary because it will not do on any account to delay here the prizes taken from the enemy, This evening, at four o'clock, { intend to send to S. Solano the two brigades ; which suifered most, the rest of the force remaining here. * wollen Your friend and companion, i . MARQUEZ DE CAXIAS. | Two hundred of the cavairy (1,700) were Argentines. In a report to the Minister of War, dated the 20th of February, the Marquis de Caxias announced that within three days, or a8 soon as he would receive | communications from the iron-clads lay up the Paraguay, a strong force would be sent by him, either under his own command or that of General Osorio, to march parallel with the river to co-operate with those vessels, and, if fonad convenient, tocecupy Asuncion. | On the 17th the Paragaayans sur} a small | force of Argentines, con-1sting of eighty infantry and thirty cavairy under Lieutenant Colonel Pipo, These were taken unawares by one hundred and fifty cavalry, who had concealed themselves in the brush, and were badly cut up, losing the commander, liis adjutant and y-three men killed and fourteen wounded. The loss of the Paraguayans is given at twenty-four men, Pureait was made by a force of | Brazilian cayairy, but it was yain, the Paraguayans reaching their intrenchinents before bemg attained. | Ae the vessels neared the. London battery the Para- guayans threw fireballs upon the water, contian) to renew them every minute, and on the Chaco side they lit up three electric lights at diiferent points to illuminate the proximities of the chains of joes had also been fastened to the chain; but whether the continued rise of the river had sunk them out of reach or they had got spoiled, nome of them exploded, The heaviest fring was from the new work called Timbd, situated a littie voye Humaité, and which appeared to have more nnon than the latter, inclnding the thirty-two- pound Whitworth, captured at Tayuty. ‘The iron-clad whica led the van th the passage of Humita, the Barroso, which was commanded by Arthur siiviera da Motta, son of the senator of this name, and the chief pilot was Lieutenant ftchborne, | Who, on previons occasions of the war bad distin- guished Nimset for his skilfulness, and coolness under fire aud who piloted the Aimazonas in the vic- tory of Kiachnelo, Estabelectniento Hes between Laureles and Timbo, | wn! Che Works covered the mouth of the Londo; which point the cattle and other snp) Mies brong! } town through the Chaco were landed and transmitted to the ‘ss. Laureles is the extreme post to the | h of Humaité on the river ; consequently, by the captore of Estabelecuntento, Laurcles was for the t feolated from Tumaité and would have had to ‘ler had Bstabelecturento been retained posses- sioG of by the Marquis de. Caxias, A report stated ‘hat the Paragnavans had abandoned it, It not being tewable under the fre of the iron-clada. ‘he heedie-guns of the battalion armed with this Weapon are reported not to work well, They are nor, We understand, of the jatest pattern. The thiee iron-clads reachéd Asuncion without opposition. and found the towns upon the river desolate aud the telegraph destroyed. A Para guayan steamer towing @ flathoat was sighted and bay! on, e Nal. At Asnncion no Paraguayan fag was flying, and outy those of tie United Staton, France and italy were hoisted over the consulates, Fire was opened on the public buildings and, according to the accounts received, Berges, the Minister Of Affaire, hoixted a white fag and came on say that Asuncion Was abandoned by all ita popula- tion, A few men were landed from the iron-deds, = the Rio gg despatched down to Tayt for Teipforeements. The expeditior was “n* Tayh, pee mn of troops In the Chaco, opposite Huma\té, movements amot ne ans were observed, suspected to indl- cate an to reach Tebiquary. The river had continued w , ancl it Was necessary to remove the Brazilian there, thetr cam) ad the renway » complet Pay edd ‘The latpratory on Cer- rito had also to be removed, owing to fhe same canse, ‘The Baron de Amazonas left Paragu i fcouunt of Dis health, and arrived tt Mio in tue Agu upon the 8th, Your readers will note that there ie great 4 \. ancy as to the of by ¢ Paraguay: rrison at Ketabelecimiento and othe lose detence, ‘The vain Respato rigwtalpe he Oaxtas gives the numbers for the and 600 kitted of them in ‘aatenoes the th of an officer who witnened the aaenGt and eaters | population, even although | Battle succeeds as President. but she made her escape, abandoning | 1 the works after, the at sxrepartiy steers oe cere however, in pri letters from the army, says ‘the official of the wees an outrageous the ra os meats tha alte elses eciog the time the assault was end that ‘dunouge 1 ere enyployed assailants were of 2,000 killed and ulty fan ontcial military dos ig’of that unsullied purity that, lespatches, in other dead invariably reached Sot teapot 6 aa they have counted bi taking the results of the rebelll ae nies porticn of killed to wountell was accustomed to be ol to four, consequent! wick eae ounds, and the ratio ought one of w in the pest hole where the fighting pi aa 10 450,000 te; not “ . bad number for a nation of 000 souls, No won- der some call it a nation! The Bra- it must have the Parcgeas- ans six or seventimes over. The only way the sol- 1 tte’ Paraguagan press aD jest Promised to their sol- killed rl les, If so, I dipus of the military sphinx. object of the assault on the Pa it is dificult to say. The Marquis of credit for the affair, and says its capture was an Irretrievable loss to Lopez; but, on the other hand, he abandoned it at the doable quick soon after. If he could have held it he would have completely insulated the work higher up the river, called Laureles, and he would have shortened his line of siege s!x miles, Why then abandon so use- ful a position in quick haste? That’s the mystery. Most think he was afraid of odious comparisons and fought a little to allow his followers an opportunity to cry him up again, However, the ing of the bat- tertes of Humali# by the Brazilian fron-clads ia of real and t unportance. The allied armies surrounded the fortress on the land leaving the Raragtay ans the road which they had made ground jor water) of pposite side, through which some supplies — could arrive from above the Brazilian post at Tayi, north of the fortress and on the river above. The six gunboats, with ordi- nary activity, can completely close this only practica- ble remaining communication with the rest of Para- guay, and the garrison of Humatta must starve in Ume or sally out and beat treble thelr strength en- trenched. But some correspondents from the seat of war assert positively that Lopez had al left Humatta. to organize the defence upon an inner line, that of the deep river Tebicuary, which flows into the Para- guay some forty miles above Humaita, ‘The position naturally a strong one, and it defends all that is valuable in the territory of Eeragney. Heavy works are already raised to its passage and, although the Narquis de Caxias has pomponsly announced officially that he was on the point of leading 10,000 men himself northward to Asuncion, few will be surprised if the defence of the Tebicuary be alone'bufficient to cutshort the triumphal military procession he anticipates. Doubtless the advantage which their iron-clad gunboats give the allies will, in time, break down all defences which these can attack; but such is the venoration for their ruler, to which the Jesuit civilizers trained in former times the Indian tribes which form now the Paraguayan nation, that so long as the “Supremo” remains uncaptured and deflant so Jong will the Paraguayan war continue, hopelessly for the Paraguayans it will be no doubt, but terribly exhausting to the nations allied against them. Oue cannot bat admire their persibiere bravery and the exceeding sacrifices which so small » people makes to battle against nations numbering twenty times its one’s sympathies be wholly with the allied Powers, who are aighting in the stitctest self-defence against aggressions of the Paraguayan despot, and whose success will be the triumph of civilization, commerce and the rights of men to freedom. Up to the present no intelligence has come from the vessels which started up the Paraguay with a roving commission to burn, sink and destroy. Be- sides the two small steamboats which the gguay ita, they lian gun- If they sneceed the Pa- Taguayan garrisons holding points along the river in the Braz in province of Mato (Grosso must leave in » and then the four thou- sand troops in the capital of the and their flotilla of steamers and will be let out of jail to take some act hastening the end, But so great a seaveely With justice be pxpected yet from these vessels, All their ay reo of shot, shell, powder and other necessaries have to be brought Overland to them some thirty miles over a bad road, and the few men they can bear in them could do little in cutting Wood where ambushes and surprises are to be looked for at every spot. The capture of Humaité still remains, as formerly, the abso- lute necesaity of the war, but who will venture to predict the day or month when it will fall, where the besieging general fears to besiege it actively, and where the besieged are men like the Paraguayans, accustomed to hardsiips and scanty food, and possessed with a spirit of fanatical endur- ance, superadded to a bravery and determination not often paralleled in history. The reported desertion of Asuncion and the river towns has an ominous look, and shows the Para- guayans mean to fight it out in the interior of the country, where the iron-clads cannot reach them. Lf 80, When may the war be finished—in one, two or three years? Quien sabe ? The Brazilians are jovial, and are preparing t cities for the triumphant peace they expect each Possibly their fowers will wither, their flags fade and their rockets mould before that day appears. A rebellion broke out in Montevideo on the lgth of February, which resulted in the assassination of President Flores. The dlanes party, under the icad of ex-Preaident Berro, through a forged letter, got Flores and lls secretaries, Fiangita and Erriscal, to repair in # carriage to the Seton house, On the way the party was at by four men, who killed the driver and lores, and wounded the remainder, Flores received eleven stabs anc one shot, The scenes of violence that ensued resulted in death of Berro and one of his sons, With a large nutaber of their ad- ents, All the troops remained faituful. General ' THE FOURTH WARD “HOMICIDE CASE. The Accused All Discharged, . Coroner Keenan hald an inquest yesterday, at the New York Hospital, over the remains of Nicholas Miller, @ satlor, who died from a sealp wound re- ceived during a fight in the saloon No, 5 Catharine sli ou the 12th inst., as alveady reported in the HERALD. Joseph M, Darcy, an officer of the Fourth precinct police, testitled that on the night of the 12th he was on post in Cherry street, near Oli and he saw John Roman come along without: & hat, who satd there was a fight goiug on in the saloon of John ily. . Anessa and officer Sweeney ran round and found that a sed liad been stabbed, and 'Y Subsequently arrested Join J. Kelly, the’ pro- prtetor; James Gorman, Henry Hu Joun Roman and Constantine Adams, who ali the men they could,flad who had been in the saloon at the tim The coroner failing to obtain any other evidel admitted all of these men as witnesses. Adams Keeps a boarding house at 376 Water street, and tes- titled that deceased, Roman and himself were in Kelly's satoon on the night in question, and, after drinking #* few giiases of lager, Miller proposed going home. A strange man atan adjoining table said, “Shut your mouth, or i'll mash your jaw.” Roman asked what he meant, wlien the disturbances took place, all the men present rising at the tine. Neither nor any of the other witnesses, who told stories, Saw any knives used, though Kelly thought he saw Roman have one. ‘The jury rendered @ verdict that the deceased came to his death from @ siab wound in the left s: between the sfxth and seventh rihs, resulting in inflammation of the pleura, the ind having been inficied »¥ some un- y ‘son. The coroner accordingly dischargea “ll of the accused, THE ROSS MURDER CASE IN CINCINNATI. ‘The Demand for the Prisoner’s Person t the Extradition Treaty, (Prom the Cincinnati Enquirer, Aprit The fact being generaiiy Known that th } Pa te art Which Was continued from Tw antl! yesterday, would be called up in ia the United States Btetriet Court wi prestaly | aturacted q ba large au ng Whom were | anxious the prisoner. In consequer Judge Leavitt conciacted 10) condnet | vately, and hix own room was a pose. nr i | Messrs. King and Thompson, counsel for the | foreign oMcers, who came authorized by the Britivi | overnment to The person of Hoss, road the al dying declarations of Mary Corrigan, alleged to have been wounded by Koss, in the counly of Longford, and, On the 20th day of April, ise, sie dying on the 29th of the same mont with some de- positions im regard to the a ticity of the kame to establish the Tact of th ne having been com mitted by Ross. After the reading of the same, Gen- eral Powell, one of the counse: for the defenc moved that the court quash the warrant and proceed: ings and discharge (he prisoner ior the following reasons:— 1. That the warrant was pot issued in accordance with the provisions the ir@ty between the | nied ment and the governavent of Great Bri Phar it does not appear that the enent hi 0 Bri ; sedqnny Gbnama for he prisoner. n> soremmment bas % no appenr® wo have been issued by the President of ited States upon which jucges of the United States are authorized to act io euch a cave. 4, Tons the evidence is Incompetent and insumicient. These points were then argued at considerable lenge by a. Hoefer, on behalf of the defendan after Which Mr. Thompson repiied, upon the contiu- sion apie Whe court adjourned (to this moruing at nine o'clock. The Brgones, Who is suffering from disease aa well from tho wound he inflicted npon himsetf in at- to commit auicite at tie Ninth street “ took but little interest oe matter, i utterly Indisterent t the procted- at 1 fags, THE GREAT RAILROAD WAR. The Contempt Proceedings Against the Erie Railway Directors—Examination of Wit» nesses—William Belden Committed on Six Charges for Refusal to Answer, but Allowed to go on Parole. Yesterday morning the contempt proceedings against Eldridge, Davis, Thompson, Skidmore and Lane, directors of the Erie Railway Company, which were some time since sent to a referee to take proof of the alleged contempt in violating the injunction in the Schell suit, was resumed in the Supreme Court, General Term room, Judge Barnard, in view of the trouble and dispute which had arisen between the various counsel and the referee, having determined to have the testimony taken in open court as before the referee, the court room was crowded and great in- terest manifested in the entire p1 Upward of one hour was consumed in argument in one of the cases in regard to all the mat ing heard bef court. It was finally decided that the examination should be proceeded with as before Judge Barnard, that the testimony of witnesses should be considered ag effective in the five cases first named, and that the case of Jay Gould should not be heard at this time. After considerab'e discussion ‘Mr. Diven was called and testified—I am an officer of the Erie Railw: and was such in March bi February, 1865; a Sonrane the serving of om junction on myself on March; dye have a recollection of having se Fisk a director, during the aay i think I must have seen Ji on Saturday, March 7, 1 was requested b; 1 Presl- dent to sign some certificates of stock; it was in the aaron, not long from the time that I left the office—not far from five o'clock; he did not ask me to sign any, particular number; the books contain two hundred and fifty certificates each; I think four of them were given to me. What request. was made to you? yy Mr. I object to that question. Mr. Eldridge is not @ defe it, and it would be hearsay ang not evidence, A. He requested me to sign them, he did not specify the number; the books contained one thou- sand certificates; I took them to my house and signed them that night and the next day; [ signed them all between that night and Monday morning, except one that wag not dnished; some of the books were sent for on Sunday; Ido not remember the hour; a boy named George, who is in the oflice of the private secretary of the President, came for them; the p: vate secretary is Mr. Nolan; George is still in the si vicé of the company; I don’t remember his other name. Q. By Mr. Clark—What did he say? Objected to by Mr, Field as being irrelevant, Judge Barnard—I will strike it outif they don’t make the connection afterwards, Mr. Field-—Then what is the use of asking it? Judge Barnard—I mippore because the counsel never loses an Opportunity of saying something. After argument by Messrs, Clark and O'Conor in favor of the question and Sir. Field in opposition the objection was overruled, A. I don’t remember what he said; he is still in the pay of the Erle Railway Company; i knew he was coming from what the transfer clerk said; he asked me to fill the one with the lowest numbers tirst and he would send for it the next day; the books: were numbered; I don’i tink { have the memoran- dum wiih me by whichican give the numbers; if you have my testimony before the comuittee of the Legisiature | can give you the numbers. (Documents were handed to the witness.) ‘The tirst two books were from 63,001 to 63,251, and from 63,251 to 63,500, and from that up; the other two*books were not filled; they would number five hundred beyond; we always sign the lowest number first; the book he wanted me to sign first was 63,001 to 63,261: I sent it to him; I think the blanks were not filled; I do not think 1 was asked to sign them in blank; 1 could not say. the word “blank” was used; no signa- tures were attached to them; they had not been signed by Mr. Otis; I wrote nothin but my own signature; I have the stubbs of two ol those books in court; 1 took the other three to the oaice on Monday morning, except one; the last [ saw of that one it was in the hands of the Presiden erased my name from the last before I delivered it: delivered two to the secretary, Mr. Otis, in his offic his office is in the buiiding Known as the Erie Build- ing, corner of Duane and West streets; the directors’ room, vice president's rooim and secretary’s room are also there; the certilicates have been cancelled in two books; what became of those cut out 1 cannot tell; [ have seen two that I suppose from the num- bers must have core out from those books. Mr. Wm. J. Edwards was then calied as a witness, and Lestilied as follows:—| have in my possession cer- tiftcates of stock of the Erie Railway Company, dated March 7, 1868. (Witness produced them.) ‘They belong to Join Bloodgood & Co.; taey were received tn March last; [cannot say exactly the time as to these two. Mr. Diven recalled:—These two are among the certificates which J signed on Saturday night or Sun- day; they are numbered 63,249 and 03,475; Ido not kuow of my own knowledge to whom they were issued; there are entries on those stuvbs showing the disposition of the certhicates; I know nothing except what is in these entries. Theeatry “Com- mon stock, No. 63,001, 100 shares, name of Fisk, Beiden & Co.. date March 7; receipt—received cer- tigate as above and to No, 63,290, inclusive, in all 25,000 shares stock, signed Win. Belden,” and “Com- mou stock, No. 63,201, 100 shares, name of Smithy Gould, Martin & Co., dated March 7, 1868—receiv certificates as above, and to No, 63,500, inciusive, in all 25,000 shares, signed Smith, ve Martin & Co.,”” were read by the witness, I don’t know Whether they were all 100 shares; { understand that Mr. Gould, a director, is the Gould of that firm; Mr. Belden is of the firm of Fisk, Belden & Co.; 1 don’t know the business of Mr. Fisk except by reputation; I know what firm he belongs to by rumor; [ have heard Fisk, Beiden & Co, mentioned as L have other firms; Mr. U(is is secretary; he is here; Mr. Kilburn js transfer clerk; he is not here. Q. Where does he reside? A. ta New Jersey. Q. May | ask how long he has been there? A. He has lived there, 1 think, a good many years. His father resides there, His office is in Pine street, Q. Is it open? A. I have not been there, Q. Do you not Know whether it is open? A. I kndw what is satd, and what { sappose; I do not know of my own knowledge; 1 was told by the secre- tary thal the books were closed. Mr, Clark was continuing the examination on this point, when Mr. Field objected. Juage Varnard—I don’t think he has suMeient in- formation to make this evidence strictly legal. ‘The witness—I have no doubt the oitice is closed, by M. O’Connor—Since when the office has been closed? Ovjected to by M. Field, and examination closed. Mr. Wm. Belden was then sworn, aud it was pro- posed by Mr. id to continue the cross-examination which hud barely commenced last week before the referee, Mr. Haskin. Mr. Clark claimed that ihe direct examination had not béen concluded. Considerable discussion followed, Mr. O’Conor claiming that this eXamination was pew and inde- pendent of that before the referee. Judge Barnard sald tet they could treat the ex- amination of this witness before the referee as not being in existence. He had read the newspaper re- ports and found no answers relevant. Mr. Field said that his side had objected to the ref- erence, to the referee and to the form of the order, and now the other side ignored all that and pro- posed to proceed with this examination as de novo. arnard—1 think you have 4 rigat to exam- De en's examination was then resumed by Mr, Clark. Q. What is your business? stock broker. Q. What is your firm? A. Fisk, Belden & Co, q. Who are the members of your firm? A, James Fisk, Jr., William #, Bradford and myself, Q. Have you a cashier or head bookkeeper? A. We have several cierks who hold positions of re- sponsibility. q. Have you @ cashier or head bookkeeper? Field objected to having the question vategori- inswered. . Ldon’t think the qnestion is a clear one, * Q. Who on the 9th of March, 1968, had charge in the office of Fisk, Belden & Co, of delivering certifi- cates of stock of the Erie Ratiway Company? Ubjected to as tinmaterial. » any member of your firm a ilWay Company? A. Tam a banker and eotor of the A. James Fisk, Jr, is a Y. bri director. y. Was he in March last’ A. I believe he was, (the book of certificates of stock having been shown the witness.) q. Is the signature of William Belden on the first page in your handwriting? A. It is, ¥ When did you make that signature? Mr, Field objected that when he made the signa- ture was immuterial, and that ag the answer might tend to criminate Lim he was not bound to answer it. That particular question might not be so very objectionable, but it was one of @ whole class of testimony Which would be objectionable. The in- junction Was against the Brie Railway Company, its directors and agents. If the witness received he re- ceived them as the agent of some one of the defend. ante and Was hinself within the *cope of the injunc- Von, and asking him questions at all was asking him what might criminate tim apd render him iiabie for misdemeanor. éudge Barnard—I cannot sce how the answer to what question can tend to criminate hin. Mr. Field—But the witness must jadge of that. Judge Barnard—I think tat a proper question. Question repeated. A, | understand that the gen- Uemen have beon charged with viola! tion, My answering your queation it tend by me. As ido not think | ought to be asked tw testify Co ee myself I ask to be excused and place myself upon nt rights, Mr. Clark—We ask the courtte compe! him to answer. Judge Pierrepont—It is within the province of the court to decide that tie witnees may state to the court, tf he piease, the orton Which he ocenpies; aud Landerstand that he appais, therefore, to une court whether he shail answer this queaton, Mr. O'Conor—No private Conversation ia to be had. Judge Barbard—! don't tink the ground suffctent: to excuse him, After iment by swine Porter and Mosers. Field and Ouonor, Judge Barnard required the wil- nese to aoswer, hima! aaswor to thes question would crim , L believe, and i shall place myself upon Barnard—The court sees no way by which Tituinated?and dinses sou to auswer the quesuon or’ forthwith or take the iso Witness—I will endeavor to be tful. wi vor meapen 1ofedge BamnardeDo L 1 you to decline ‘Witness—1 Trill endeavor to explain my position. Judge Barnard —Do you decine to answer? Witness—I don’t see how I can answer it. Judge Barnard—Do you decline to answer? Witness—I hope the'court will not press me to an- swer. a Barnard—I do not ; it is of no in- tenant mae Wil you or ‘wil you not answer as put faganby me counsel and as stated to be correct by oo A long arenment here ensued between Messrs, O’Conor and Field, the former raising the point that the latter had no right to discuss the question, it holng @ question between the court and the witness, and the the testimony only. witness Ei repont oven the question in mies criminate him, itness—1 cannot see any reason why the question should be a’ked except to criminate me. Judge Barnard—' is no intention on the part of the court to argue it with the witness. Witness—I have given all the answer that I can. Judge Barnard—And you don’t intend to give any other? (No answer.) The Judge thereupon ordered the commitment of Mr. Belden to the county jail of the county of New York Bate the, Sneneiee be answered, but not ex- Be By Clark ‘Where were you on the 9th of March? A. In various places; I was at Fisk, Belden & Co.'s office on that day. 2 Did you on that day see any directors of the Erie Ratiway Company’ A. I cannot tell; | have e Did eae ly to any person to ou on pecome a punecrtb) ‘withese to the tranater of cer- March 7, 1868 hepa la ite lected ? ol to as irisiorant and tending to criminate. oHeree overrul Hopeher ben the irrelevancy. A. My answer is the same as before. Judge Barnard—Do you decline to answer? A. A truthful answer to that question would, I believe, tend to oe myself, and I therefore place myself upon 8, Podge, Barnard—Do you decline to answer. A. I don’t understand that I ought to answer. Judge Barnard—Do you decline to answer—yes or no? ‘The witness remaining mute, another order of eom- mitment was directed against him in the same terms as the previous one. The witness further testified—I know the sij on the endorsement of that certificate (a certil Erie stock being shown him.) : Q. Whose endorsement is it? A. Mine. Q. Did you make it? Qbjected to as being a repetition of the previous question, Mr. Clark—I will ask the counsel when he states an objection to rise and act like a gentleman. ir, Field—I submit this is no fit spectacle fora court of justice, L objected in a mild tone of voice that the question was irrelevant and might tend to criminate, and that it had already been answered. Mr. Clark—He said it was an idle question, He did. not state these objections, Counsel when they make an objection in court should rise and state those objections fully. Mr. Field—it is certainly matter of felicitation that we are to be taught decorum and dignity by so true a master. Counsel rises for the purpose of ipa § us, and as he has now given us his lesson I hope that lesson will suffice, Q. Where did you make that signature? Objected to for the same reasons as before. An argument here followed as to the right of ex: araining, a witness after his commitment had been ordered for contempt, Mr. Pierrepont claiming that, as a matter of right and of law, the prosecution could not pi and multiply contempt upon con- tempt to an indefinite number, and O’Conor arguing that there are instances recorded of half a dozen fines being imflicted on one trial and that this does not stop the witness going on. Judge Barnard—Nothing in law is clearer than that, because otherwise any important witness mlgbe defeat the ends of justice by g to prison for thirty days each time his examination came on. ph Where did you make that stepatoral ol a tl cl te Of jected as before; same ruling; and, the witness still de- ning to answer, another commitment o: . Was that certiticate of stock in possession of Fisk, Belden & Co. on the 9th of March, and from whom received? Objected to; overruled; refusal to answer and another commitment ordered. Q. Are you the same Mr. Belden wuo brought be- me Judge Gilbert a suit and obtained an injunction? A. Tam. . Witness was then requested to stand aside, and Timothy G, Schilman was cailed, but hisexamination was objected'to by Mr. Field, who claimed that Mr. Belden’s cross-examinatiun must go on before the introduction of another witness. Mr, Belden then again took the stand, Mr. Clark handed him the Gilbert suit complaint aud asked him to look at the signature “Wm. Belden” and say if it was in his handwriting. A. appears to be my signature. m3 Look at the signature to this atidavit of lhe loth of March and say if it bein your handwriting? A. I believe it is mine. i <a you apply to Judgo Gilbert for an injune- jon Judge Barnard—Let the other side show that fact. 1 do not intend to have all the scandal of NewYork city eae in here. Mr. O’Conor—It is set up that another injunction has been sued out from J Gilbert requiring them to do just what your Honor ordered them not to do. ‘This is true, that tt did issue. The purpose of this evidence 13 to show that this injnnction was collusively and fraudulently obtained. These defendants called persons to their ajd who were combined tn this wrong and serene with these associates, or wit that assoc! that he should obtain by certain means @ paper in the form or guise of an junction and have it served nthem. Thus the defendants got the plaintiffs to have the injunction served upon them, y collusive device of this description is void. We apprehend that that evidence is admis- sible and insist that that collusion must be put down. Parties have noright to so proceed. As to the truth or falsity of the allegations upon which the injanction was obtained we have nothing todo. We think we know that they are wholly faise, The party who swore to them may have been wholly misinformed. We will not bring in all that, but we waat to show that it was a sham suit. Pe Barnard—Jt 1s proper to show that. Mr. Clark—I propose, before this examination is throngh, to show the entire ate of that charge, and I have the aMidavite ready, but 1do not propose to show it by Mr. Belden. * Q. When did you apply for that injunction? A. You will have to state your question more ¢! a Q. Did you get an tajanction from Judge Gilbert? A. [received what I believe is called @ mandatory ‘njunction; | believe It was granted YY this justice; no one applied for wie’ we. fats I believe that I ap- plied for an injunction ing these several sults, and Judge Gilbert suggested himself that we do alter the application so that we could give what we did. nen you never asked Judge Gilbert for a man- injunction? A, I did, sir, on you applied for two injunctions? A. The origininal complaint varied somewhat from the one LH been shown; I will explain the circum- nces— Q. Were you present when the application was made to the Judge? A, No, sir. Q. Then how do you know about it? A. I know it the same as | know the injunction was issued. Q. Have you ever seen the original injunction? A. Thold a Sopy. in my hand now. Q. Task the witness what he knows about it? A. 1 believe the Judge suggested himself giving a manda- tory injunction. Q Do you know Judge Gilbert—did you ever see him? ft It is dificult to say; 1 resided in Brooklyn some time, i a vor you ever see him concerning the injunction * . No, sir. 2 Do you know anything about what the Judge did, except what your counsel has told your A. 1 know it as I know of other injunctions. rer are was the complaint drawn? A. In Mr, ield’s ofice, Q Do you know anyihing about it except what you fn A. [believe the original papers were Teturned; I was not present, By Mr. O’Conor—' Then of course he don’t know. Q. Do you remember when your application was made to Judge Wilbert? A. I cannot you. Ss Can you give us no idea of the time? A. Barly in March, . Had you in your possession at that time any gertiteates of stock of the Erle Railway Company dated Mareh 7, 10s? . It is impossible for me Q. Had you then in your possession, or were there in the possession of your any convertivie bonds of the Brie Railway Company convertible into atock t Objected to as before, and same ruling. A. l have already told yon 1 do not recoltect the date; | was several days over tus complaint; | can- not ios ta care except only in March, between the Ist and loth, Q Where were you on the evening of March 7? A. J could not tell you, P Q. Were you at tie house of Mr. Field? A, Possi- biy so. ‘d. Do you not know that you were? A. Ido not remember, Do you know David Groesbeck? A. I do. ¢ Did you see him that bight? A. I cannot tell ie “ Do you know Martin B. Green? A. Ihave seen 1 Did you see him on that evening? A. I cannot ¢O. Did you see Daniel Drew on that evening? A. T bie Didgou see day Gould that evening? A. I may is Syosenee geo Mr. Gondd at Mr. Fieid’s louse? bedeve so. And Mr, Green 7 As Hoould ot tell you. Q. 18 your mem tirely a matter of J ator Q. orbad? A. That is en- at Was there not ere at eB oftive of Fis den & Oo, stock of $100 cach corresponding to that receipt t Ob- ected to as befote, Overruled ae to irrelevancy. A anawer ag before. Judge ‘Aarnard--De You deine to answer? A. 1 oan repeat, a trathful answer to would tend to orlminate me, and 1 place myself wpon may righ! te, duc rd—He declines by remaining mute atior Sing dtrtotea to inotion of Mr. Clack W® was ordered to be com- ¥ Qt there were (a ti office of Fiek, Bolden & Oo, eos from whom you received toes and objection Do you know B. K. Willard? A. I do. no sowie eaemes ‘he Q. Did he attend at office on or about March ale wit ae can, ‘of [objected to as before, ‘and same ruling) A.A troth- | answer to that would tend to criminate mcuage Barna Do. you. therefore. decline. judge r ~ answert A. That 18 my ‘answer, oy id On motion of Mr. Clark another o1 EE Felsina A ernment r. en the witness, saying that he wished to show that ae ness’ suit hi been brought upon impregnable rounds in good faith; that ae is ol true and ith no collusion whatever. He for all, that he naturaily did not a to ey 4 examination in this presence. But nevertheless it. was here, and their Baty left them no peer Ag They must go into it with as much of respect as they Possibly could use. Mr. Pierrepont said that if the evidence was to e) stand at all they had the right to might be that the witness might die, or he might in prison, and an opportunity for examination never be Judge Barnard said it was a plain principle of law that the cross-examination never proceeds until the direct examination was*concluded. irged that the opposite might as well have asked halfan hour ago Lee td direct by a cross-examination for fear the w' might dle before they gly Spronet Wi him. He hoped Mr. Belden wouid not die in his present mentad their right to cross-examil condition, hich the Judge stated Mt on would be cleat the- day and resumed to-day at eleven. oc! The court was kept open for some little time for the entering of the orders for commitment, but uitl- Tnately, on counsel pedenn se Mr. Belden would appear to-day, at eleven o’c! he was allowed te go on his parole. UNITED STATES CIRCUIT COURT. The Chicage and Rock Island Litigation— Motion to Dissolve the Injunction Denied. Rufus Hatch, on Behalf of Himself and All Other Stockholders of the Corporation, Defendants. Herein, vs, The Chicago, Rock Island and Pacifie Railroad. Company, John F. Tracy and Others,—BLATOE- FORD, J.—These suits were originally commenced im the Supreme Court of the State of New York, The parties, plaintif® and defendant, to both suits are the. same, except that Edward W. Dunham is a party to. the second suit and 18 not a party to the first sult. The suits are now in this court either as respects all of the defendants in each or as respects the de- fendants, the railroad company and Tracy, or, ene of them in each, by virtue of certain proceedings fer the removal of the same from the State court into this court, taken in the State court on behalf of the, railroad company andTracy. * * * The plaintiff, insisting that if the suits are in this court at all they are here by f as respects the company and Tracy, now moves to remand the suits to the State court. The complaint in each suit states that it is ht on behalf of the plaintiff and of all other olders of the Chicago, Rock Island and Pacific Railroad Company who may elect to avail themselves of itand contribute to the expenses of the The prayer of the complaint in the first is for a judgment that the defendania be enjoined and restrained from ee any such cen- tract, and from creating any such liability, and from using any of the moneys of the company for sueh. pu @ or in execution of any contract to paok extended road, and from further increas capital stock of the company, and proceeds of any of the new forty-nine thousand shares, except to redeem and extinguish such shi until the stockhoiders of the com} next annual m in June, 1 meet to be called for that purpose, rpry upon the action of the directors Soe ine ie new shares and upon the disposition to be made thereof, or of the proceeds thereof, and in regard to the propenst on of the railroad. The complaint also priya that the defendants may during the pendency o! action be enjoined and restrained as above provided, and that a receiver of man pencees of the 49,000 new shares may be appoin' On this complaint, and on amdavits accom, ing it, an ex parte injunction was issued by the- court on the 6th of January, 1868, enjoining and restraining the defendants until the further order of the court, a3 above prayed for. The complaint in the second suit reasserts the al- legations of the complaint in the first suit, and brings in as an additional defendant Dual who ig the treasurer of the company, but one of the directors, The prayer of this com- iaint is for a judgment as asked for in the rts complaint, and further that the defendants be enjoined aud restrained from removing any of the books of the company, ot of the directors, or of the Executive Committee, beyond the jurisdiction of the court, and from preventing the plaintiff and other stockholders from obtaining an and inspection thereof, and from farertoring with them in making such examination tt of Tr abiaros of rocks ee ep cpapnrera 1c 000 new Tes Ol or any 0! or ‘reeds thereof, beyond the jurisdiction of the court, and from Lseramain to be made any trans- fevetemmameses ot thoes cl eet wry cf the original 91,000 shares, or addi tional shares, until a transfer of all the shares, whether original or additional shares, shall’ be permitted to be inade withoutmlistinction, and from closing the office or place of busineas of the corporation in the, city of New York, and that the defendants may be restrained during the pendency of the action. On the complaints in the two suits, aad on aftidavits on the part of the plaintiff, an ex parte injunction was is sued by the State court on the 7th o! ervoigioe and restraining the defendants the furth@r order of the court, asso prayed for in the complaint ip the second suit. It sores by the act of July 27, 1866, that any injunction granted the State court before the removal of the against the defendant applying. for ita removal continue in force until modified or dissolved by United States court into which the cause shall purtof tha company and’ Tracy 10. diesulve part of the company and Tracy to ve aside the said injunction. No order by the State court for the remo the cause is necessary. The right of the to a removal is not dopendent on tion whether the State court docs make an order for the removal. If it pendent the refusal of the State court case to fhake such an order would make ble for the defendant to secure the remot by carrying the sult thro the State tribunals, then carrying it the jt state the Supreme Court of the United seers, twenty-tifth section of the act of 1739, is not, however, where a State court is in a cause in violation of the Hd z i ‘ S2ge cil at i ion of the act of 1789, restricted to such mode of relief. Where the right to remove & cause is complete the power of the State court in respect to the cause is at an end, and the defendant is not obliged to follow the cause further in any State court, ee jurisdiction, (Kanouse vs. Martin, 1 How- appellate it ard, 103.) If he does all that ismecessary to secure @ Temoval then, whether the State court order of removal or not, he can secure and perfect fo oe by Peg in the — me maton proper copies 01 ‘oper papers and his and special bail Tatoeseae When that is the cause will proceed in this court, These fi tions are made for the put; of showing that these causes are removed into this court under the act of 1789, and are removed wholly and not par- tially, and are removed as between all the thereto, the only parties thereto bet who are the ie Bs gm the plain the com| that they areso remov the order of the State court in each case the cause is removed as against the and Tracy in pursuance of the act of 1906, and that suck order, is granted under and pursuant to the last These cases having been thus removed into this court under the act of 1789, and being property im this court under that act, it becomes um wo consider any of the questions discuseed by counsel to removais of the causes uader the acts of 1866 1867. The motion to remand the causes is denied. Where a case is removed undér the act of 1789 any injunction issued before ita removal ipso facto for the reason that the tweifth section of the act, while it is careful to preserve the lien of an attach- ment issued before the removal in certain cages, does not preserve an injunction, and where Congress has intended to preserve the lien of an attachment, amd atso continue in force an injunction, It has so ex- ressly declared, aa in the acta of 1866 and 1867, Meteo vs. Duncan, § Me 342.) The motion to ssolve the injunction was refore unnecessary, as the injuaetions are no longer in force, The mo- uon 1s therefore denied, J. K, Porter and J, 13. Burrill for the piaintif. C. O'Conor and C, Tracy for the defendant. THE OCEAN STEAMER AACE. fo THE Bprror OF THR HERALD A long account appeared in the HBALD of the 19th inst, of a mateh which tt asserted had been made be- tween the Cuba and whe City of Paris. [ will feel much obtiged to you if you will allow me to state through your colunins that no such match has been made nor ever thought of, A regard for ourown character and for the Sptaton ‘of those who travet in me to publish this correction. our steamers sat! a to vack to England in addition to tne acamer’ ‘with the matis on our regular 4 By accounts for the = sailing on irday, had no more reference the St. Laurent or aug i i the City of Paris than it had to of the three other steamers which sailed on that Limay add that | do not make bets on steamers, have none pending on the Coba, Your obedient servant, B, CUNARD. ‘La Flanme, the Conatiag whe +, and wilt a next Wednesday, O'CIGOR A. M.— Worcester Spy, April 2. +