The New York Herald Newspaper, May 15, 1868, Page 5

GENTRAL AND SOUTH AMERICA, Interesting Cortespondence from the South Paeifie Republics, ‘Fhe Horrors of Yellow Fever in Pera. ‘She steamer Rising Star, Captatn Connor, frem As- phewall May 6, arrived at this pert to-day. The fol- Jowing is the list of treasure received by the Rising ‘Btar:— Panama Railroad Company. $13,613 2: Belmoat 2 oo, Toate mont 5 3 Dabney, 138,238 Moritz: Meyer. 20,032 aig cat 500,000 FROM ASPINWALL, BA, Probet... 2,000 oO 0, + de aL a0 Asch 3 + 600 Among the passengers by the Rising Star from @akfornia are a delegation from the tribe of Nez Pereés Indians, Idaho Territory, on their way to Washington. The delegation consists of Lawyer, head chief, and Ute-sin-male-e-cum, Jason and ‘Timothy, sub-chiefs, accompanied by United States Indian Agent James O'Neill and P. B, Whitman, inter- preter. These Indians represent the Nez Percés tribe, eonsisting of three thousand souls, over whom are fifty-five chiefs. “Lawyer” is head chief, receiving a salary from government of $500 per annum. There sre also twosub-chiefs—“Spotted Eagle” and ‘Jimmy Lawyer”—who each receive the same salary. Fifty- @ne passengers joined the steamer at Aspinwall, among whom are Dr Montealegre, ex-President of Goata Rica, with his .mily. A revolution had broken out in Tulcan, a village of some importance in the north frontier of Ecuador. Antonio Flores went there alone with his pistol, took off by force their guns from the hands of ‘the rebels and submitted them without bloodshed by his bravery. Notwithstanding, the government ‘was so afraid, even after the pacification, that they Ihave determined to suspend the conscription law, ‘Which has created so much dissatisfaction and so many troubles. This law of the last Congress has Decome, indeed, very unpopular and obnoxious. ‘The cocoa and all the fruits of Ecuador are low as ever. Money is not to be found at any price. The agriculture is ruined, and more, even the commerce. Everybody complains of the prostrate war with Spain, which costs Ecuador more than any other Tepublic, as cocoa, its principal staple, is shipped especially for Spain. In this article alone Guaya- quil loses one million and a half every year. From Chile we learn that General Prado had gone to Santiago and met with a very enthusiastic'reception, On Saturday evening, April 4, at about twenty-five minates past five, a shock of earthquake, preceded by alow subterranean rumbling, was distinctly felt throughout Valparaiso, Extensive beds of iron ore have been discovered at Magellan. Dofia Juana Remon de Perez, wife of Don Maxi- mino Perez, and one of the leading ladies of Panama, @ied suddenty on the evening of the 23d ult., while conversing cheerfully with her friends, and without the slightest warning or previous symytoms of Miness. A sailor belonging to the United States steamer Saranac, who had been on shore in the morning boat on the 23d, was taken suddealy ill on returning te the ship and died almost instantly. CENTRAL AMERICA. Earthquakes in Guatemala—Imports aud Ex- ports in Salvador—Health of Nicarngua— Costa Rica. PANAMA, May 1, 1868. By the steamer Guatemala, which dropped anchor here yesterday morning, we have later news from the Central American republics, with the exception of Honduras, whence no mail was received. I find nothing of particular interest in letters or papers, but condense the items into the following paragraphs:— In Guatemala several smart shocks of earthquake ‘were felt on the 8th of April and following days, but mo damage was reported. It is said that in one night there were felt not fewer than twenty-one. The wharf at the port of San José is making rapid pro- @ress; 708 feet had already been concluded anda @peedy termination of the entire work was expected. ‘The statistical reports of the Secretary of the Trea- in the yublic of Salvador show that in the fret quarter of rgrege year the value of the im- rts was $1,021,488, and that of the exports $2,453,- '2—a sum far in excess of the corresponding one of Jast year and very respectable for a small country ¢ Salvador. sy re to,statements published in the official a ette of Nicaragua the sanitary condition of the terior cities has again become very bad. In n, up to the 14th of April, one thousand cases of ma- lignant fevers were reported. Similar information Dad been received from Granada. It is stated that preg ek three per cent of the attacked have died go and thatthe fevers are not of an epidemic «character. But where about twenty per cent of the population are down with fevers the state of the i¢ health is rather alarming. The cottee crop of Costa Rica was almost entirely 4m port. The prices continued low, and the com- ‘plaints of growers and merchants were pitiful. The season was very late setting in—the same as on the Isthmus. Ihave received no further information in regard ‘to the Costa Rica Interoceanic Railroad Company, ‘whose agent was preparing matters for the session of Congress which was to commence to-day. If the eee agrees to guarantee the six per cent on capital invested from the time the work on the road begins there will be no difficulty in starting the thing; for the republic of Costa Rica has not a cent @f debts and its credit is good. The ofticers of the North German steamer Augusta write from the capital, where they :had been invited by the government, that the vessel after completing ‘the survey of the coast wil! return to Aspinwall. COLOMBIA. The New Administration~W orke.of Congress Fears of a Revolution at Carthagenn—All Quict.on the Isthmus—A Rendezvous of Out= lawn. PANAMA, May 6, 1868, By the English Royal Mail steamer Tyne, which arrived at Aspinwall the day before yesterday, I re- ceived the mail from Begotd, with dates to the 17th alt, One of the Senators from Panama, who returned to his heme on account of the reports about the trouble in Chiriqul, left on the 19th for the coast, and has furnished me with two days’ later news. Nothing of great importance lias taken place in the interior since my last. The new administration of General Santos Gutierrez is generally considered as the har- ‘dinger of an era of peace and friendship The President continues tp his demonstrations of impartiatity and desire to reconciliate the different political parties. The formation of his cabimet, a8 1 ‘wrote before, was made in that spirit. Two of the Sccnetaries appointed, Ignacio Gutier- fez ond Julian Trujillo, were not expected'to ac- eeptrhe honor, as they happened to be Presidents of the States of Cundinamarca and Cauca. Ignacio Gutierrez has declined in @ very complimentary Mote, in Which he assures the President of the Union Chat in the latter's accession to the chicf magis- (rate’s obair he sees the dawning of a new day of tranquility and prosperity for Colombia. Gutierrez hae offered the saine place (the Treasury) to Dr. Pedro J. Berrio, President of the conservative State of Antioquia, woo will undoubtedly alse beg to be excused. Iu ihe meantime thie office, as wellas that of Jadian frnjtilo, is filled by Dr. Mignet Ramper. This conciliatory conduct of the federal President has given univer-a! satisfaction. Only one ehass is thorougily disgnsted with it—!ne radicals or mos- queristas—who see their nee of retarmding. to power gone for the presen’. This claes has many members among the artisame and = workingmen at Bogotd, whose political bitterné&s is largely increased by their desperate couditigh. American and European manufactures and maghinery and hotions threaten to beat, them, it of a" iS ie ence Seas a competitors: woe PR a) ' ‘NEW YORK HERALD, FRIDAY, MAY’ 15, 1668—TRIPLE SHEET: Among the other C nal labors. fortnight I may mention that the Senate has thrown out for the bill reducing the number of Secre- taries of State to three, and was reconsidering the bill providing for life pensions to nuns deprived of their sustenance Pe Mosquera’s decrees. In the House of Representatives the follow! bills have been * the. right of the State of Panama to send five members; fixing the army on peace at 1,500 men, and honoring the memory of the late President of the Isthmus, General Vicente Olarte. A proposition to extend a similar compli- ment tothe past administration of Santos Acosta was under consideration and had passed in first read- ing. Boyacé, Cun Antioguis ana ‘Tolima are reported ereny uiet. Timoleon Meza, after his defeat in Tolima, withdrew to Antioquia, where he tried to take the town of sur- | singe He had only about one hundred men with im, and the State government was earl: ized of his fatentions and enabled to frustrate them and dis- perse his guerilla force. In Carthagena the same state of affairs eontinued ‘as spoken of in my last. The conservatives accused of .revolutionary plans, but stoutly de: them, martial law supreme, the government and ever: suspecting everybody else and a cemplete standsti! of business, Here on the Isthmus, Eecenately, everything is ctions of some and the im spite of the predt its of others. From Chiriqui and the other de- ments of the interior the fall restoration of pub- ic tranquillity is announced. In other respects it appears that we are not destined to lead a happy and ful life here. No sooner has the fear of yellow ‘er subsided—which may be every moment brogas back from the south coast—when ‘a new alarm dis- turbs us of serious apprehensions for our lives and our property. The t of the miatter is that the Isthmus has become @ regular place of rendezvous for murderers, thieves, gamblers and loafers of all descriptions, not only from South and Central America and the West Indies (whence we used to receive a sufficiently strong consignment to satisfy anybody), but now we are receiving a lar influx of dangerous characters from New York, and espe- cially from Califo! who are induced to favor us with their ice by the low fares of the rival steamer lines, by the dread of Northern prisons 7 the impunity they enjoy here, as they cannot caught for the past offences in the absence of an ex- ition treaty between the United States and this country, and asthe insufficiency of the police here arantees to them an easy plying, of their calling. f several cases which have lately occurred here, I shall only mention a few. On the 28th of last month @ steel ger by the Nebraska was robbed in broad ight, in the presence of at least fifty per- sons, of his valise, containing all his earnings, $6,000 in gold, which was placed under his seat in the car, luring the short time it took him to purchase some oranges. The thief must have been well acquainted with the fact of the money being hidden in the valise, and must have had several helpers. Some believed -that a Jewish looking individual who was coming down cs eS eemnenee) Lead we ee a his bora gage an OK passage on the Nebraska, was'the pace thief. This man instead of going South, as ie intended, went by the French steamer of the 1st to Martinique, and is said to have appropriated the trunk of a poor woman on the trip over, But attention was soon called to another case which happened two days afterwards and may be in connection with the former. On the morning of that day, in a by lane not far from the railroad house, was found the corpse of a Swede called de la Guardee, who had arrived by the Nebraska from Mazatlan, wuere he had been eng: in hepa The body was found to be stabbed in several places. A rather suspicious character, formerly a wheelwright, but lately @ gambier, who had embarked at the same place and remained here in Panama, was arrested as one of the guilty party, because his hat was covered with blood. He had been seen much in the mur- dered man’s company, and he had spent a great deal of money in the last two days, while at his arriva) he was without a penny. The man denies stoutly all guilt, but it is said has made certain statements which caused the arrest on the 4th of about a dozen foreigners of different extraction living at what is known as the Garden Hotel. The police authorities show more zeal than judgment in the investigation ofthis case. At the same time an Italian was robbed of $600, and among other thieves the opposition steamer brought us also the feliow Benstein, who stole $4,000 in San Francisco from his employer, in February, and left for Mexico, Then there isa case of an ‘honest miner,” named Peck, who had come down from San Francisco with a lot of bogus gold dust and a very fishy story relating to it. The mer- chant who had bought part of it, some $1,300 worth, had him arrested on suspicion, which at first induced General Hough, the United States Vice-Consul, to in- terfere in the miner's behalf; but when the Particulars of the case were known no objection was made to letting justice take her course. These repeated cases have caused a very natural feeling of uneasiness on the part of our respectable inhabitants, and various methods of remedying the evil have been er he guards, vigilance commit- 8, & reinforced police and others, The best would be if the United States government made an extradition treaty with this country and afterwards stationed one or two detectives on the Isthmus. A detective sent down by the San Fran- cisco Custom House has been on the Isthmus for several weeks past engaged in ferreting out the par- ticulars of smuggling as carried on between here and California, Colonei Griggsby, the newly appointed Inspector of Customs, arrived here on the 2d inst. The Bishop left for Bogot& on the same cr One of our most enterprising and successful American merchants, Captain J. McK. Cooke, sent out @ brig, the Maria, about eleven months ago on a whaling cruise. The vessel proceeded no farther than the Gala islands and returned on the Ist with about seven hundred barrels of oil, which yield about two hundred and fifty per cent profit on the investment. Captain Cooke intends to buy and send out @ larger vessel, and it is very probable that others may follow his example, for the ground be- tween here and the Galapagos 1s one of the richest and least dangerous. The HERALD receives by this steamer a large budget of special correspondences and news which has accumulated here within the last few days. There arrived two steamers from the South, on the 2uth and 4th, bringing letters from the HERALD’S correspondents in Chile, Peru and Ecuador. On the last named day the Rekala gotin from Australia, bringing valuable correspondence, promptly trans- ee from New South Wales, Victoria and New ealand. In connection with the English steamers from the south coast, I mention that the last, the Peru, hardly brought any passengers at all, on account of the fearful ravages of the yellow fever on the Peruvian coast. It is strange that these vessels are not quarantined here, although they used to be very vigorously quarantined at Callao when we had the fever on the Isthmus, In port—United States Legg aeoiges Oyane, Wat- ters; Saranac, Fralley. (The latter vessel will pro- ceed north on receipt ef answer to despatches sent to Navy Department on her arrival.) English— Frigate Topaze; sloop Scout. French—Steamers La- mothe, Piquet and Guiseard, PERU. The Elections—Obnoxiows Decrees Issued by Government—Finantial Measures—Ycllow Fever—Tranquil Condition of the Country. Lima, April 28, 1868, The news which we receive in Lima from all quar- ters of the republic is to the positive effect that Colonel Balta has receired the almost unanimous vote of the people. In Arequipa and several of the other strongholds of the Southern party an attempt was made to oppose h& election by fair or foul means, but the current ¢f popular opinion was set too strongly in his favor allow the success of such measures. The electors give in their votes during the month of May, and on the 28th of July, the anni- versary of Peruvian independence, ‘Congress meets and solemnly proclaims the people's choice. Several instances have occurred where Con- gtess solemnly proclaimed its own choice, but it is diMcult to suppose such @ preceeding in this particular case. The struggle is now for the Vice-Presidencies and Congressional positions, The clectors have been generally chosen by the people, with instructions to vote fer Balta as President, but with Bo positive orders aso their selection of men for the other positions. Gomsequentiy electors are at a high and advancing premium, market well sup- plied, ‘The effects of that odieusdecree of the government of Peru, issued on the athaf the present month, de- claring Predo and his sibordinates guilty of high treason, and erasing their tames from the army list, are every day becoming méte formidably apparent. For & goverament which diclared that ® profound Tespect forthe constitution) should be its principle of action to thus artogate td iteelf tike power which belongs only to Congress, ad? thus thee direct to ite programme, the no longer fee! any rev. erence or affection. By. to degrade the mon who gained for Pert her ouly victory over a foreign foe since the days ¢ the struggte for tude. ernment; and the masses, urged on by men who ‘could not consent to. such ap extinction of well won slory, were not at all backward in expressing their opinions, strongly denouncing 6 measure which not only lowered the goveroment of their country in their own eves, but which glso would bring discredit upon it in foreign countries. Decisive steps were at once taken, a large mecting of the people was called with the ostensible pur- pose of preparing an adequate celebration for the approaching 2d of May, the anniversary of the battle of Callao, but in reality to give vent to the indi tion which was so ay experienced, "nts attended by nearly a thousand persons, de- with loud acclamations that Colonel Prado of his valiant services, be the hon- orary President of the society which dye an ate. ceeded to form under the name of the Society of 2d May. Co were appointed, com| of the most reapectable ladies ntlemen of Lima, to for the lebration of te anniversary, aud for celeb ol ivel ‘> stirring addresses were delivered denouncing the ac tion of the government and highly laudatory of Colonel Prado, In fact, ts weeting grew so enth lc over the matter and the cheers for Prado became so de! affec- tionate that the authorities thought proper to send a force of police to the hall and to dissolve the assem- bly. This was effected, but not until the objects of the reunion had been ted. The government now began tosee the dismal juences of the false step which it had made. The people, led by er- ously influential: men, were unantmous in their de- Munoiations of the ob lecree, and trouble ‘was undoubtedly in prospéct unless some concilia- uid be devised’ tory measure could ‘and -adopt 0, immediately after having declared Prado and his generals and officers disgraced, the government issued another which in- volves 80 many contradictions that it has been considered as To the officers who fot incomprehensible. ught against Spain the last decree gives eighteen months of active ser- vice time, that is, these officers for the services which they rendered are all advanced for the period. men- tioned towards another rank. But having erased their names from the army roll how can they poussibly derive any advantage ym the favors thus conferred? The \ponenaaient by endeavoring to tify the private feelings of some of Ks adherents fs scatiered discontent and disgust through the multitude, These decrees relative to the men who fought so bravely for thelr country against over- whelming odds, and who gained the victory, neither meet with the Spprobagoy, of the country nor with the gratitude of the persons sought to be favored, for in documents neither one spark of patriot- ism nor wisdom can be discovered. Although the wernment has declared the 2d of May a lay of festivity, and has ordered its ce- lebration, still trouble looms gloomily ahead. Fresh fuel has been given to that fire of conspiracy which now burns brightly for Prado, and every one fears that this 2d of May, 80 glorious now, me be converted into an anniversary always to be lly remembered by Peru. In fact, serious appre- hension exists that during the celebrations to take Place on that occasion some manifestations of regard for Pado and his fellow exiles may be ex- pressed, which will only lead to violence and blood- shed. e government ts determined not to allow any utterance of sympathy for their fallen foe, and the people here are now wrought up to such a pitch of excitement, and so many of Prado’s old officers and friends are in the city, thata disturbance may occur. It is to be devoutly desired that no suc! ailair will take place, for instead of being for the ad- vantage of st one it would only be the first ste toward one of those inevitable revolutions whic! have not only immensely injured this beautiful country, but the entire continent. The presence of the Cpt fever in full force may act as a sedative to these excited feelings, for this Pocple, apprehensive by nature, would think twice efore wantonly exposing themselves to scenes which would surely assist the march of this terrible invader. When General Canseco entered Lima in 1865 he obtained a loan of four millions of dollars from the house of Witt & Schutte, of this city, the consigners of guano to Germany. The amount of this loan, from the excessive rate of interest charged by the house, was ordered by Prado to be re- funded, or its qpstice and legality to be decided by arbitration. It was therefore referred to the decision of the Senate of Hamburg. This body had nearly terminated its investigations, and we were unofiiciaily informed that its finding would be contrary to the House and favorable to the government. But Canseco being greatly pressed for money a short time since obtained another loan from the same House on the condition that the for- mer one should be recognized by the government and that the investigation should be with- drawn trom the consideration of the Ham- b Senate, Thus the consigners obtain their ae terms, nearly thirty per cent interest, Take a second very favorable advance to the gov- ernment, and Peru, after having declared to the Sen- ate of Hamburg through the Foreign Secretary that the matter is to be forthwith withdrawn, loses a very large portion of her necessary dignity before the Eu- ropean nations. This little matter will give a clear example of the mi instances in which this country is made to suffer by the shortsightedness of her rulers. The yellow fever, after having had its own very dig- agreeable way for two months, now appears to be prainay, decreasing. It may be that this decrease is owing either to the experience acquired by physl- cians in the treatment of the disease or to the almost depopulated state of Lima and Callao. A general exodus has been taking place during this month, and the tide moves always to ‘the watering places and suburban villages. But the people here who are really sincere i their religious belief, though not particularly well informed concerning it, do not at- tribute the gradual disappearance of the epidemic to the causes above mentioned. During the past fort- night public prayers and processions have been very general, and the latter very largely attended, with the object of tiploring the mercy of Heaven, and the diminution of the malady is, according to the aglec voice, due to these pious offices, There is no doubt that very sincere petitions have been offered up, and the people firmly and sincerely believe in their efficacy. When such ideas are heartfelt there is no reason to condemn them, but every reason to greatly applaud and ad- mire them. Foreigners have lately been the princi- pal victims, and, as was mentioned in 5 last com- munication, the apprehension felt by that class of persons has greatly improved their habits, and it is to be desired that the apprehension mught survive its cause. There are very few joint stock companies in Peru and no fluctuations in gold; hence in Lima all of the exoitement and business activity attendant on a stockbroking exchange is entirely wanting. THE NATIONAL GAME. The buoyant spirits of the base ball loving commu- nity keep it afloat during the prevailing general atmospherical wetness, and that much abused, ill tempered, spiteful old cuss, Jupiter Pluvius, will find he has undertaken a sorry task if he thinks he can drown out the ambition and animation of the “ball tossers.” When the old man’s arm becomes tired holding his sieve to let the floods through and Soi smiles upon the earth, if only for one day at a stretch, the ball players langh at J. P.’s past freaks and enjoy themselves, regardless of his frowns and threats. But indoors the bail players are still making prepa- rations for the season. The Unions are pushing their park forward as speedily as possible, and intend to make it the finest spot of the kind in the country. “Wright's ball news exchange” is, of course, at pres- ent quiet; as Harry Wright is in Cincinnati training the “teams” for the coming contest and George started for Philadelphia last night to help the crick- eters along. There are plenty of rumors going around, however, and being “caught on the fly,” show that the Unions have gained an addition to their nine ina young man named Geer, whose ad- mirers claim that he can eclipse either Stockman or George Wright at short stop. Anotter of the “flyers’’ says that the Mutuals have several new men, all strong, and that the club, havii survived the nervous quibbles of anxious is, in tends to do some “tall work” during the season, and that the members nightly “study” how they can piace their club on a more solid foundation. The Irvingtons pass the bull around quite frequently. It will be somewhat easier to get to the “Camptown Navy Yard” this year than it was last year, and, therefore, the boys think they can count on more visitors than they otherwise might have done. The Eurekas dae very aulet, although they mean to make @ good show with their members who play ball for sport and health. The Sapien of this clty under the joliy generalship of President Byrnes, will also make @ show, and the fearfal encounters of their muffins with those of Newark will no doubt Pd ay this Ley ait tae will for- get on occasions, prom! “play no more. ‘rhe Gothams, they say, intend to make a stir this el and altho dui some time past they have een in the dark, they will put their “Whiteside” oy os this i and with a Pe gn by Zo I as slow as on SF eupponc nerail they will show “Goodspeed” in making “Marks” and other things of that sort. A new club, to be led the Americus, has been ‘Adcation, which, Uy iis way i a 8 Nealchy which, by the way, a y condition, and the books of which will be published as soon as the printing committee can cornplete its arrangements. This will, no doubt, be long before the Niagara tournament comes off. Ks Cn ment from rances, is prom! wall and ioe free irae Meares it 1s tobe hoped, wil is endeavors crowned with success. fe will find sueveed, no doubt, in many of the State clubs ito the cr mie shoal impress ou all the do better than many of tm assoctation, ané clubs in is ne! rh to the clubs ip tuis locality have done and send the or- dinary club statements fo the secretary of the asso- ciation. The Atiantics will reach the tournament grounds ‘oung Cal ‘and oth 4n tine to astonish the young Canadians, hers cabity, au westward Intend to wee’ worked ta piety playing with the of bed them and with whom t y rc al Sadho put the dampness ‘yesterdays Mr ea Seon mext 18th inet groundh, Sud"an ihe frill meet the Colambta penton ie i a held-of Tie rar oe areas vo | Gt code Sudaliqgeesn of iw tae & NEW YORK CITY. UNITED STATES DISTRICT COURT—IN ADMIRALTY, Charge of Sinking a Canal Boat While In Tow. Before Judge Nelson. Byrne vs. The Steamtug Quickstep.—In this case’ | the libel was filed to recover compensation for the loge of the canal boat Citizen, of New Brunswick, N. J., and her cargo, of the estimated value of $7,000. In the pleadings it is set forth by the libellant that as IDfie business of catier sonveaing goods of carrier, conve! mer- chandise to and from New York. ry to New Bruns- wiek ip New Jersey, and that in October, 1866, the Citizen had taken on board about eight thousand bushels of grain, and had engaged the steam boat Quickstep to tow ‘her from peer he ad et lew nswick. xe. vi en e Citizen in tow, poreeting 60 her direct course as agreed upon, put foo antic dock In Brooklyn, where the Citizen was left for some time, while the Quickstep pro- ceeded to pick up other boats for towage to New Brunswick. Tue p returned and took the Citizen in tow, having at the time other boats in tow, the number and tonage of which was more than the Quickstep was able to take. After being a day or so on her pensar’ the Citizen became detached from the tug by the mismanagement of the hands in eh of her, and by negligence and mismanage- ment the steamtug Quickstep struck with great force against the Citizen and stove her in, by which the water had free access into her hold, and she filled rapidly and sunk tothe bottom, cargo and all, and @ total loss, The plea urged by counsel for the Quickstep was that the collision was the result of jeerhable and uncontrollable accident. Decision reserve UNITED STATES DISTRICT COURT—IN BANKRUPTCY, The Case of Robert C. Rathbone. It will be remembered that a few days ago Judge Blatchford rendered a decision in the above case, in which he refused a discharge on theground that the bankrupt had, as held by the court, sworn falsely in relation to his property and assets. Since then the bankrupt has obtained an order from the Judge, re- quo the opposing creditor and the assignee, H. P. (ust to show cause before the court onthe 16th inst. why the matter should not be reopened and re- ferred back to the Ropisiée: for the purpose of taking proofs in behalf of the bankrupt. In the meantime all proceedings on the part of the opposing creditor and the assignee are stayed, Petitions Filed in Bankruptcy. George Wenner—Referred to Register Ketchum. James P. Carter—Referred to Register Williams. Both of New York city, William H. Murray, Goshen, Orange county. dames B. Clark, Newburg, Orange county. Se eae Thompson, Sulivan county, ‘The tl latter were referred to Register Liitle. UNITED STATES DISTRICT COURT. Suit for Infringment of Theatrical Copyright. Before Judge Blatchford. Augustin Daly vs. Thomas Maguire.—This was anaction brought by Augustin Daly, the dramatic author, against Thomas Maguire, the proprietor of Maguire's Opera House in San Francisco, Cal., (and lately of the Japanese troupe) to recover $2,000 dam- ages'for the alleged infringement of the plaintitt’s copyright in the sensaticnal drama of ‘Gritth Gaunt; r Jealousy,” performed last year in this hd at the New York theatre. The plaintiff states that his said play was produced and performed without his con- sent at the defendant’s theatre in San Francisco in February, March and April, 1867, and therefore defendant is liable to him for damages, pursuant to act of Congress of 1856, chapter 156, pao for the Becinction, of authors, and commonly known as the Dramatic Copyright act. The defend- ant denies generally that he ever performed said lay. ‘The case now came before the court on the following: uliar state of proceedings, Last year, when the defendant, Maguire, came to New York, he was arrested in this suit by the United States Marshal and shortly afterwards examined before the United States Commissioner as to the aforesaid perform- ances. In the course of that examination a printed programme of Maguire’s Opera House in San Fran- cisco was produced, but the defendant would not swear it was one of his programmes. ‘There were also several slips cut from California newspapers in relation to said Diay. All these slips stated the play of “Grifith Gaunt” performed at the defendant's theatre was Mr. Daly’s play, and the be shred of the theatre expressly set forth that this was “Augustin Daly’s drama,” &c. All these documents were filed with the clerk of the court. A commission having been ordered to issue to San Francisco to examine Witnesses as to the points involved, the plaintiif, by his counsel, Mr. Joseph F. Daly, moved the court to- day for leave to take the programme and newspaper slips off the files of the court to be sent to California for identification by the printer that printed them and by the persons who wrote them. ‘The defendant, by Mr. Compton, his counsel, objected. The court after hearing the argument ordered that photographs of the pr me and slips should be made and such photographic copies be put on file and that the original documents should be sent, as plaintiff re- quested, with the commission to San Francisco for identification. The judge eo remarked, as he rendered his decision, alluding to ordering photo- graphic copies to be made, that he “saw no reason why the court should not avail itself of the progress of science in order to facilitate legal proceedings.” MARINE COURT—TRIAL TERM—PART |. English Opera in the Marine Court—The Tribulations of a Debutante—How Success is Sometimes Achieved—Suit for the Re- covery of Salary. Before Judge Alker. Laura Waldron vs. Caroline Bernard, sued under the name of Caroline Richings.—Th is interesting little case came up for trial yesterday before this court, and a considerable number of ladies and gen- tlemen connected with the operatic profession were present. The action is brought for the recovery of $100 for expenses and for services rendered by plaintiff as leading soprano in the Richings English opera troupe, of which the defendant is the manager, during the all seaso n of 1867 in Boston and elsewhere, The plaintiff 18 @ very youthful appearing lady, apparently eighteen or nineteen years of age, and made début at the Philadelphia Academy of Music, in Miss Richings’ company, m December, 167, in the character of Arline in the opera of “Ihe Bohemian Girl.” It was claimed on trial in her be- half that an engagement was made at $50 per week for one or two appearances per week if she was favorably received by the press and the pubic, and that in the event of her being required to sing three times during the week she should receive $75 for such performance, Mr. Waldron, father of ore, was put on the witness stand, and testified to the making of an engagement with Miss Richings on behalf of his daugliter, through Mr. Pennoyer, Miss Richings’ agent. Miss Waldron was also examined, and testified to the rendering of services, and produced congratu- latory letters from Miss Richings, and Philadelphia newspapers were also put in evidence showing the comments of the press at the time regarding plain- tui’s débu: as very favorable, Miss Richings was called as the first witness for the defence, examined by Mr. Cook and testified that she was married, under the name of Bernard; had negotiations by letter with plaintiff; had no negotiations with plaintii’s father prior to plaintif’s dévut as Arline, at Philadelphia; Miss Waldron ap- peared on that occasion at what ts called a “trial for an engagement,” after the performance I had an interview behind the scenes with Miss Waldron; it was, [ think, on the evening of the 28th of November; Miss Waldron asked me low she got along, and said, ‘Very well, indeed;” she then said that she did not think she had had a fair trial, as sho had a cold and had not had rehearsals enough; I said she should have # fair trial and should play the same part in Boston the next week; on the follow! morning [ spoke to Mr. Waldron avout it and told him she had beier Ra, the same part in Boston on the following’ week; Mr. Waldron made no reply to my remark; up to that time Mr. Waldron aud I had made no no negotiation that I recollect; Miss Waldron in Boston the same opera on the evening of December 4; I did not see Miss Waldron for two or three days afterward, but Mr. Waldron called opon me the next day and told me that Mr. Pennoyer had told him that Miss Waldron was not CO} nt for the position she wished to assume; I told him then that his iter was not competent and could not appear with my company again; I have managed my present company for two years;tt is Afteen I made my first ap- pearance in hep oo Be pied and I have been laboring ever since to it; the principal business or Miss Waldron was to assist me in leading 5 the only means I had of knowing what Miss wpe ad success was derived from what 4 heard the say; 1 satin one of the boxes at Boston durin the periorimance and al ‘made The tug, ‘ot bi Tema of her; | heard these remarks made by the general audience around me; I had ‘no friends with’me at ie Pott a was H witness the a tance in, Philadelphia from the iront of the house and therefore cannot of that with satisfaction; and heard the first song: Me oes nanaos 10 errempennens was made aying and Mise Waldom for the payment of nyt . What should you of the success of the plain- tit at Boston? vA Tangata gay the success of this ‘was equivecal, 170A ital is the tueang of the term “equivocal” in your profession? and evidently ‘at a. lone for a moment a& to. the the profession would kno’ ‘an ” and pa ah ye we should like to know it also, mean oula tot enabte.s verwon to coutinue with good in'performancen before “QReronemined by Mr.Furiong—We commenced 5 ~ : AN SS icici iia the performances in Boston on the 2d day of Decem- | mand. There were about six hundred men in line. prety Apr ngy T think, on the 30th; Miss Wal- | ‘The drill consisted of fifty movements, which were _dron come to New Yori while she was in my | executed strictly in accordance with the pew system ERS but she left Boston ter New York after I told of tactics lald down for military observance by Pee eee ie wad Dot foutpetent; when she ar | General Upton. The programme of the drill was Mo the eee was otting due her, accord- | faithfully carried out and every mancuvre executed ng acceptance pl he provestion of the custom | in Gne style, Ibissafe to say thatthe Seventh still Bg pee fa owe py iter due a holds the lead foreMctency of drill against all {ts Com- week before her début; she was paid $30 in Phitadel- | Petitors in the National Guard. pia, and in Boston $100 additional to that MERCANTILE LIBRARY ASSOCIATION.—A meeting received sam: her “trial” ended when she failed; it is cus- tom ry whena former is Dot engaged in perform- ing nae jon to go out of the city. ad ‘ee that his daughter should | to Boston? A. I his silence in Philadelphia with reference to it as a consent; one of our oldest poste has said that “silence gives consent.” (Sub- 1d laughter., +") Parlomg_—That is @ quotation that lawyers sometimes use, I think. (Laughter. Witness continued—Her success in Boston was de- termined hy ne approbation of the public and the comments of the press, Ky How did the’ audience receive her in Phttadel- Phia? A, The audienee in Philadhiphia treated her as they always do a débutante—very kindly; the) encored her, and the tone of the press, 80 a8 saw, was favorable; I gave the same notice of dis- missal to herself that 1 had given to her father; I furnished her with the “score” of the opera ‘Fra Disralos it was sent to her, I believe, from ja- Gelptile, by my direction, at the request of Miss Wal- dron; , though, it might have been at her father's request; she received it before her a) nce at the Boston theatre; uo other meer, was sent to her; the communication between Mr. Pennoyer and Mr. Waldron was by ry emer pe Miss Waldron did not come to New York by my direction, Miss Richings (to counse}—If you will allow me I =a “ng what I know about’her coming to New Mr. Furlong—Well, Miss Richi ou might state flange eer than we desire tok ktow just now. A jell Juror—but of course a naturalized citi- zen, or he would not have been in the jury box (to the court)—Dat is vat ve vant to know, vy the lady game to New York. ‘The court informed the “good man and true” that 43 Counsel had not put any question upon this point the testimony could not be given. Witness resumed—She asked me if she could go to New York and I said “Certainly,” as I did not con- sider her any longer in my employment; she then told me that she considered herself under en; - ment and would hold me to it, and I replied that she had no engagement with me and therefore could not hold me to any; she was to have received $75 per week if she appeared in three operas during the week. By the Court—Was that the agreement? A. That Was to have been the arrangement if any engage- ment should be made; if that engagement had been made it would have been until the end of my season, which would Peay, have been about June. Redirect—If her engagement in Boston had been successful I should have entered into another engage- ment with her, 8. C. Campbell was next called and testified that he was a member of the Richings opera troupe, and Was acquainted with the plaintiff; sungin opera with her in Philadelphia and Boston; she played Arline in the “Bohemian Girl; her success Boston was a very poor success. By the Court—You say it was a “poor success.” Was it a success? .A, I don’t think It was “asuc- cess” in Boston. Witness resumed, in reply to Mr. Crook—The ap- Plause was greater in Philadelphia than in Boston; she received a very good share of applause in’ Phila- delphia; from what I heard outside and in geueral conversation with my friends I should say it was hot a success, Cross-examined—I have heard about a dozen per- Sons Say So; I could not say how many persons were in the house to witness the performance; the house Was not full; I was on the stage at the time; the Philadelphia ers spoke favorably of her; she was brought before the curtain. Q. 18 not applause an evidence of success? A. Applause is to a certain extent an evidence of suc- cess, Q. Weil, yon think it 1s an evidence, do you not? A. I think it is, Counsei—Well, I think so too, Ihave applauded some ‘of your songs myself, Mr. Campbell, and thought it ‘was because I considered you successful, Witness (with the suaviter in modo)—I am very much obliged to you, sir. Re-direct—I do not regard applause directly as an evidence of success; applause is something gotten up; it is frequently gotten up for the purpose, but I do not say so with any reference to this cast Cross-examined—I believe I spoke some congratu- latory words to Miss Waldron after the perform- ance—but courtesy would compel almost any gen- tleman to do so; I do not think any actor on the stage can always tell whether the applause is false or real; you can tell sometimes, when you happen Le be acquainted with the parties giving the ap- plause. Witness here stated that he wag here in an upleas- ant position for any one to occupy in testifying in this matter, but he had not come voluntarily; Mr. Zimmerman would have testified in regard to this branch of the case had he not been unavoidably out of the city. ‘The court then adjourned until this morning. A Warning to Conductors—A Dishonest Con- ductor of the Belt Railroad Seutenced tor Embezzling from the Company. Before Judges Dowling and Kelly. At the Court of Special Sessions yesterday, a case in which much interest was manifestea was brought to the notice of the court. Henry Foster was arraigned at the baron an accusation of embezzlement preferred by Mr. Abraham brown, Superintendent of the Belt Railroad Company, who proved that on the 25th ult. the prisoner, who was employed as a@ conductor, tendered him sixty-nine cents as the full amount of. fares ex- acted in the course of a trip during that day. On interrogating him more closely the Superimendent surmised that the company had been defrauded ‘und informed Foster that his services were no longer required. When the conductor gained the street he openly declared that he had beat the company, and boasted that he “made” three dollars and sixty cents on the trip. All this evidence havin; been adduced on the trial his counsel, Mr. Hurd, attempted to clear his client, making several legal objections. . Gunning 8. Bedford, Jr., Assistant District At- torney, who appeared on ‘behait of the people, urged the conviction of the prisoner, Foster, and asked the court to convict him and inflict the severest penalty the law would permit in order to set an example to other conductors, who labored under the impression that railroad companies were proper food for all cor- morants to get fat on, and that it was no offence to withhold mopey from them. The court coincided with Mr. Bedford, and Judge Dowling convicted the defendant and sentenced him to six months’ iumpris- onment in the Penitentiary. ofthe above named association was held last night ‘at 170 Broadway, corner of Ninth street, Mr. J. P- Arthur inthe chair, A committee of five was ap- Pointed to nominate oificers of the assoeiution for the ensuing year. The committee consisted of C. H. Patrick, Peter Voorhis, A. Green, Joseph H. Lecour and J. E. Kinsey, The executive committee appoint- ed at the meeting is composed of the following per- Sons:—Alexander Pium, A. W, Greene, James B. Mc- Kinsey and Theodore alien. It is understood that thls ian offshoot of the Clinton Hall association. The organization have separated from the regular Mercantile Library Association and have nominated a ticket, which will be submitted for ratification. CENTRAL GRANT CLUB.—A meeting of the above Organization was heid last night in the rooms of the National Grant Club, No. 435 Fourth avenue, for the Purpose of selecting deleg ates to attend the conven- tton to be held at Chicago on the 20th instant. Rafus F. Andrews, President, occupied the chair. Speeches were made’ by Mr. Andrews, explaining the ‘object of the meeting, and Messrs. Benedict and B. Dela- fleld Smith, euiogistic of General Grant, the former claiming the strong conservatism of the General’s character as his greatest advantage in a canvass. A delegation of f cond pra aie iets of whom being present signified their w! to accept the Bppomimnent The meeting thereupon adjourned. GEOGRAPHICAL AND STATISTICAL SOCIETY.—A meeting of the above society was held last evening at ite new rooms in the Cooper Institute. Charles P. Daly occupied the chair. Previous to taking up the regular business of the evening, Judge Daly alluded to the condition of the society, by stating that al- though the society had been comparatively conggnt for the past two years it had by no means re! graded, It had received valuable accessions to its collection of books, maps, charts, &¢., donated to the society from foreign governments ‘and societies, and from private individuals, After the minutes of the previous meeting were approved the report of the council of the society was read. It detailed the con- dition of the organization during the past two years, the additions made to the library, collection of maps and charts, the estimation which the body is held in other countries by kindred associations, the financial condition and the general state of | society, er with many interest- ing scraps of information in relation to ite working. The librarian’s report acknowledged the receipt during the past two years of 1,006 volumé 895 pamphlets and 777 maps. After the conclusion o! the reports the election of officers for the ensuing ear Was then taken up, and resulted ys follows:— President, Charles P. pels Vice Presidents, Henrv Grinnell, F. A. Conkling, Kev. Joseph P. ‘Thompson, D. D.; Foreign Corresponding Secretary, Francis A. Stout; Domestic Cot nding Secretary, Cyrus W. Field; Recording Secretary, E. R. Straznicky; Treas- urer, Henry Clews; Librarian, H’ B, Hammond- Council, Wm. Remsen, T. pale Myers, W. ‘I. Blodg- ett, Townsend Harris and W. E. Curtis. The meet; ing then adjourned. Tae RAIN StoRM OF WEDNESDAY.—The storm which prevailed almost without interruption from ten A. M. of Wednesday until one o'clock on Thursday morning was one of the severest of the season, and seems to have extended over a vast area of territory, the clouds pouring their floods on the already drenched earth from beyond the Gulf of St. Law- rence to the south of Richmond, and from the At- Jantic coast to the furthest boundaries of the great lakes. In this vicinity the floods were exoceed- ingly heavy. The cellars along the North and East rivers were at an early hour filled with water, and much dami was the consequence; while on Long Island and New Jersey the loss to farmers and others has been very serious. In Brooklyn the shade trees were, by the heavy winds which for a time pre- vailed, uprooted, and a nember of signs brought low, while awnings were made ribbons of, to the regret and loss of storekeepers, Who seem not to appreci- ate the fact that sailcloth is subject to destruc- tion equally with the finest fabrics—if the force t sufficient. A house’ on Putnam avenue, near Marcy, in course of erection, had its foundations undermined by the water, and the wind assisting short work was made of the struc- ture itself. In Meserole street, Williamsburg, a brick house was partially blown over and damaged to the amount of $3,000. In New Jersey, particularly in the vicinity of Hoboken, several buildings were biown down, fences destroyed and tilled lands sub- mé@ged. The tract of territory known as the “‘Hobo- ken Flats” was at one time entirely covered with water, and beyond it, in Hudson Cty, many houses were injured or utterly annihilated. There is reason to believe that vast amounts of property nave been destroyed by this storm. MUNICIPAL AFFAIRS. BOARD OF ALDERMEN. Grand Race Between Wood and Stone— Power of the Park Commissioners Q. E. D. The Goyernor has not signed the tax levy, and there being no money to spend the city fathers and their “friends” are in a quandary, and conse- quently the meeting of the Board of Alder- men yesterday was very short and comparatively uninteresting. There were not members enough present to order the dasbursement of money, and there was but a poor representation of the “third house” on the emigrant car bench at the back of the chamber. There were some in the last mentioned Position, characterized by much mustache and much absence of forehead, and with heavy underjaws rest- ing almost on their ‘chicken bi ”” who watched the proceedings of the board with evident delight, and, perhaps, constructed ‘castles en Espagne” on the happy time which they hope will come when they will occupy “one o’ them ‘air chairs, you bet.” The mem! of the Board who belong down town were on hand and the ‘‘gen- tleman” from the “‘deestreak” near ‘‘the other end of the avenue’’—the advocate of ‘healthy filling” for sunken lota—was in his place ready to do any amount of execution in the way of ordering pave- ments and improvements () up town, A large number of resolutions were introduced directing the javiee of a new pavement, known as the “Brown and Miller wooden pavement,” in sev- eral streets in different eae of the city, and several others directing the laying of the Belgian pavement, ‘and others still ordering the McGonegal pavement. Apong the streets to be honored by the latter are ward street, Warren street and Waverley place. All the resolutions were laid over under the rule, COURT CALENDAR—THIS DAY. Unrrep STates Disrrier Court—In ApMinavty.— Nos. 81, 96, 100, 102, 66, 92, 103, SUPREME COURT—CHAMBERS.—Nos, 259, 253, 262. Surreme Court—Circuir.—Part 1.—Nos. 3335, 3435, 4046, 4589, 4607, 1369, 1977, 2235, 8055, 3156, 3379, 8749, 3767, 3791, 3793, 3809, 40 4837, 4355, 4359, 4361, 4303, 4367, 4503, 4 4533, 4537, 4547, 4533, 4567, 4571, 4577, 4585, 4595! 4009, 4619, 4731, 4745, 4757, 4773, 4783, 4793, 4813. Part 2.—Nos, 1568, 174635, 1852, 2038, 34, 262044, 2684, 2700, 3116, 3100, 8288, 3242, 9320, J434, 3522, 853854, 3548, 3750, 3772, 3794, 3866, 3906, 3942, 4008, 4012, 4066, 4086, 4160, 4202, 4210, 4213, 4260, 4322 49217 4340, 4352, 4380, 4484, 4404, 4604, 4514, 4522, 4526, 4528, 4570, 4574, 4578, 4598, 4668, 4702, 4766, 4770, 4782, 4794, 4708, 4798, 4513, 4732, 4736, 4740, 4756, 4832, 4848, COMMON PLEAS—TRIAL TER) ‘art 1.—Nos, 756, 971, 1029, 789, 1183, 155, 1250, 1251, 1252, 1258, 1255, 1257, 1268, 1259, 1261. Part 2.—Nos. 1034, 376, 666, 717, 966, 483, 343, 708, 735, 820, 1902, 1243, 888, 1262, 1203, Maning Court—TRIAL per 1018, 112, 973, 1255, 1200, 942, 896, 898, 809, 1138, 11 AL 1103, 1288, 120 1205, 1300, 1207, 1208" 1200" 1271, 1272, 1273, 1274, 1275, 1276, 1277, 1278, 1280. CITY INTELLIGENCE, PresentaTion.—Yesterday afternoon Captain Adams, of the steamship Morro Castle, was pre- sented with a handsome silver trumpet. SuppgN DeatH.—A man named Christopher Bar. ret was yesterday found dead in the yard rear of premises No, 341 East Forty-eighth street, PERSONAL.—Dr. James R. Wood, of this city, and Professor Samuel Goss, of Philadelphia, will leave ww in the steamer Ville d Burape. ‘ite: Janauschek Safled in Me Pind New York for Liverpool yesterday, AN OLD LANDMARK GONE.—The old willow tree, borne down with the weight of years, that has stood so long at the corner of Sixtieth street and Third ccumbed to yesterday's ‘ time the tracks of the Tifrd Avenue Tatiroud wore ave structed, compelling the cars to make a flank move- ment to get by. IMPROVEMENTS IN UNION SQUARE PAnK.—New benches are being constructed in the Union square park. The unsightly old ones were go unsightly shes mi Tanda of ialors nat even The ity thanera ent che ‘stand the unsightliness any longer, ited to the credit of the elty during the past month, amount to $6,300; meets thus anting tO, $4,300; thet grand tol AssauLt UPON 4 Liremary Gexteenan.—Yester- day morning Edward Becker, who had been arrested by officer Marks, of the Tombs policé, for committing ‘an unprovoked assault apon Mr. George Stein, dra- in this city, on the Pome Ucn ee ‘et sever with his fist, be- aides striking him cane. Tue Seventa Reoment Drivt.—The Keventh HI i i i f i A communication was received from the Corpora- tion Counsel, in reply toa problem propounded by the Board at one of its late sessions. The problem to be demonstrated was not about a right angled tri- angle or the “asses’ bridge,” nor yet about a circie, although the “ring” is interested In the matter, but simply, is ita “square” thing to let the Park Com- missioners have any control over the mathe- matical and mechanical arrangement of certaii places which have heretofore been governed by the “ring?” In demonstrating this theorem the Corpo- ration Counsel gives an opinion of three pages in Jength which would be @ credit to the oracle at Delphi, and which to minds not “learned in lore’ conveys the information that if e former powers of the Corporation did not con- flict with certain sections, cha} &c., of certain other laws, then the powers of the Corporation re- mained unchanged. He might have added, as young geometrical students always do, Q. &. D., and feel certain that the last fe etree at amy rate. The paper was ord on file, and as the number of mem! requisite to transact any business in which there was money had not yet arrived the Board on motion adjourned until Monday, at two P. M. BOARD OF “OUNCILMEN. More Wooden Pavements. The Board set yesterday afternoon, the President, Mr. Stacom, presiding. Resolutions directing that the following streets be Paved with the Brown & Miller wooden pavement were ad :—North Moore street, from West Broadwa: West street; White street, from by dey est Broadway; Laight street, from au ane. f a number of unimportant geseral ub the a adjourned till Monday, RECORDER HACKETT ON CRUELTY TO ANIMALS. ‘The Society for the Prevention of Oruelty to Ant- mais have just published for cireulation, in pamphiet form, the charge of Recorder Hackett. in the case of “The People vs. Tinsdale and Another,” who were fat the time the action was brought for cruelly basing certain animais in their care im the empioyment of the Bleecker Street and Fulton Ferry [Railroad as driver and conductor one of the cars, The parea by. Ber, wh Sepo do 19 the city the Twlee whilst 8 E £35 Bate £2 E28 i beige illite 3 ine i Bi i i 3 S) i i+ i z aaa