The New York Herald Newspaper, May 20, 1868, Page 5

NEW YORK HERALD, WEDNESDAY, MAY 20, 1868,— BROOKLYN CITY. UNITED STATES CiRCIGT coUAT, Before Judges Nelson and Benedict. Phe United States vs. T. C. Callicott and John 8. Mlen.—When thts case was called on at noon yester- @ay the court room was crowded with witnesses, law- yers and the friends of the accused, with many anx- fously hoping for an acquittal, and with others, on ‘the other hand, only too ready to rejoice at a convic- tion. Ashas been already stated in these columns Calticott was a revenue collector of the Third istrict of Brooklyn city, and Allen, the other defendant, was ‘ais deputy at the time the alleged frauds were com- mitted, for which they were both Jointly indicted, and to-day, the fourth of the proceedings im the case, Doth are on their trial. BXAMINATION OP WITNESSES RESUMED—TESTINONY OF ALEXANDER CUNNINGHAM. Alexander Cunningham, sworn for the prosecution, testified that he resided at 319 Clinton street; knew ‘the defendants, F. 0. Callicott, A. J. Dayton, George G, Hardy, J. 8, Allen and Lewis Fancher; was owner of a warehouse in this district; Dayton was wy storekeeper; know the time of Mr. Callicott’s appointment to office; have known Edward McMul- Jen fer about four years; was engaged in the removal of the 411 barrels from Wilson’s warehouse: paid Wilson for the 400 barrels removed; when Mr. Calli- Cott got his appointment Mr. McMullen stated — Mr. DeWitt objected, on the ground that McMullen ‘was unknown to the jury, he not being known to the Jory in the indictment. e District Attorney explained that they would show McMullen passed as a copartner, and that he ‘was one of the conspirators. ‘Witness—I met Mr. McMullen on the Monday fol- lowing Mr. Cailicott’s appointment, when he told me that ft cost $15,000 to procure Mr. Coulcotee appains. ment in Washington, and we have got fo get that amount some way; I remirked that the price of ‘whiskey was very low; he says to me ‘is there no whiskey in the bond?” and [ and Fletcher had some; B said go aud make a bargain with him for two undred barrels; I afterwards made a vargain with him for forty cents a gallon; this was gome time in May or April, 1867; when I told Mc- Mullen of the purchase he told me to take the whis- key, and I said we juired a permit, and he replied that he could arrange that; on the morning follow- ing be gave me two permits—printed; they were each marked on tae margin with pencil; I went to Mr. Callicott’s oMce and showed them to him and gsked if those came from his friend; he said, “Who?” I replied, “South Brooklyn—MeNullen; he took them one gile, and said, “Ill see @bout them; meeting McMulen the same day I told him | felt very indignant about being sent on jh. @ fool’s errand; he remarked that he wouid see ir. Caiicott to-night; when I met him the next morning he told me “there's gotto be a bond for that whiskey ;” I replied, “I could have told you that be- fore;” he said, “Do you know anybody who wou'd give us that bond?” he told me to “go to work and € up the bond,” when I replied that bond could not gotten up unless @ general inspector was sent to see how much whiskey was in bond; when Mr. Callicott took the office it was his inten- tion, { learned from McMullen, to make an entire change, and he stated that Mr. Hawley, Supervisor of cond ward, was to have a position as store- keeper of my warehouse; I remarked that it would Bot be right to remove Dayton from the place; he told me there woud be other warehouses created, and they would find a place for him; Mr. Dayton was. then appointed to a position In Wilson's warehouse in the piace of Mr. Robinson, who was not consid- ered to be a reliable man; a conversation took pisos tween Mr. McMullen and myself, in ES e stated that two hundred barrels gone out of the warehouse, which led to their seizure; another re: was that he was pot a resi- dent of this city; Mr. Hardy stated to me afterwards that Mr. Callicott had refused to the | pias od there was something wrong about 3; 1 knew twe da, ster that the bond ed; Bayton ld _ me of it. P Who was Brown & Co.?_ A. It was composed jrown, Williams and McMullen; Williams was [eMullen’s partner in the livery stable; Williams and mn set up a rectifying es of 1866; some of the whiskey went to Beekman street, New York; it realized from $1 15 to $1 25 per galion; the whole amount of the sale of the whiskey was 12, ¢ 1,000 of the receipts from the first two hun- rre's Was — Edgar McMullen; Mr. Fletcher told me there were two hundred barrels more and @ Agen 8 in the tanks; McMullen said boy some more, and I made a bargain with Mr, Fletcher for the other two hundred barrels; paid him for it at one time $2,300, and ne 0 deliver, the whole of the two hundred barrels; he agreed to deliver the whole 200 barrels; some por- tion of that number was delivered on the morning of the 24th, and on the 26th, as early as half-past five o’clock, a man came to my house from Fletcher with a note,’ which lias been read in evidence; a day or two ae an order had been sent from the of- fice to have the whiskey inspected; on the 24th Backus made the inspection; I took the inspector's papers and gave one of them to McMullen, shortly after he handed me a permit and an order appointing Dayton contracting — officer; I think both papers were signed by Mr. Callicott; I discovered it to be the same permit I had given McMullen on the occasion of the removal of the first two hundred barrels; McMullen said it was unnecessary to get up another bond, adding, “If you can get the old permit I can get a mew one.” ¢ permit was produced and tdentifled by the witness.) Q. Was the old permit altered when McMullen banded it to you? A. Yes, sir; the balance of the Whiskey was removed on the 25th of May, some por- vion of whicn went to Brown & Co,’s; next morning I received the note froin Mr. Fletcher stating that he did not wish any more taken away until it had been for; I went to New York on that day in afternoon; on my return I was told of the seizure of the twenty-one barrels of whis- key by Mr. McMullen; he said he had not time to go and get {t released, and told me to go and attend to it; I said to him, ‘Now is the time for you to show p Aad power;” he said it was all straight enough, there was the order for its removal, and told me to go and see the District Attorney and Mr. Callieott; | was told at the office that Mr. Hornbrocht had seized; saw the Assistant District Attorney and then went to see Mr. Callicott and told him of the seizure, arid that Mr. Allen would be around to see him; he replied, ‘All Hes, 1 will attend to 13” Mr. allen entered the Collector's office a entered into conversation with Mr. Callicett, when came out, (Witness here recounted the meeting with Dayton, «ho examined the marks on tne barrels.) I then paid Mr. Fletcher, whom | mei at Suydam’s liquor store, the balance of ‘the money due him, when he said I was about the smartest whiskey man he had ever seen—(laughter)— geventy or eight, barrels were subsequently selzed at Brown's rectifying establishment; of the money MeMullen received $12,500 more than the net profits; the largest sum ever paid him at any one time was 7,000. . &. Was McMullen in Washington working for Mr. Callicott’s appolatment? A. I don’t know, Did you ever have a MeMullen ‘about organizing the Felation to distilleries? Mr. Jenks objected, and the court overruled the objection. itness—Mr. McMullen remarked that there was a deputy collector named Stary oer to Brooklyn to senighten things up. McMullen said that the distil- Jers were to be put on a different footing than they ‘were heretofore. Q. After stag came what was done to the distil- ihment in the winter nversation with hird district with lers? A, About the 29th or 30th of May I received a pes in writing, having SI a jure as Deputy lector, to attend a meeting distiliers in the Gollector's office; thero was & Of distillers heid in Callicott’s office in jaence of that no- tie; fifteen or tweuty distillers were present; Calli- cott was there; the meeting was held in Callicott’s wate office; the meeting was not formal- organized; bmi at ed, desired to confer with the dis jera; said there had been no revenue an in the Third dis- trict; that revenue should come in and those dis- tilers would be protected; those who would Et noua have their distilleries stopped; ‘that was about the substance of his remarks; he said that the distillers ought to organize themse! their own ; the distillers, acting on that suggestion, formed an association, of which ‘witness was the firet president. ©, State all that Stagg said on the subject of the distilleries not paying revenue. A. He intimated as Much, that he knew the distillers could not pay $3 4 gallon: emphasized the words; “the government = o revenue;” I cannot state more clearly on Q. Was it known at the time that no distillers conld ran without paying the tax? A. That was notorious; ‘wuiskey then cost the distiller from forty to cents a gallon to manufacture, and the price was from $106 to $110 @ gallon, 80 that for them to pay ‘the tax was pr eon Q. When Cailicott complained of McMullen ing want you to state the con- si ost of the yersation th courted between you and he on that subject? A. Well, he was speaking of mutual misery, stated that he (witness) had paid $15,000 to hihelf into the dst, scrape; Calilcott sald that iad cost him it his ap- ene he did not ay directly that McMullen had Schutte had gr Se nat of hand: Caleta ja e y he did not ‘iudok it had cost haif that sum at Wash- Mr. Jenks—Q. Was It suggested to CalHcott that Fesigned bis office the prosecution would not be 4 a [thought ft might have served him. to end. @. At that interview did Callicott give a decided answer whether he would resiga or not? A. Oan't Was his resignation the subject of freqnent con- verration? A. Yes; I believe it was. Q. At the time you had the conversation with Cal. Hooit were you under the imi that he had Sr @ portion of the money? As Yes; don't now Lat Cailicott ever denied or admitted havit reveived any of this money; he remarked MoMalien, had been cheating everybody; first dis- covered the alteration of the date From the 10th to ‘the 24th on the permits in ten minutes after: coming from MeMullen’s handa, * By Mr, Tracy—Did not consult with the District Aten sy on the mn of Callicott; the District Attorney said he himeeif had a public duty to per- form, and that Cailicnt!’s restgnation would have ith Mr. asked witness to have a that occasion Fletcher manner, “Cunningham, a8 they say you will, { ved no benefit, but injury i 5 iit a Dayton, sworn, keeper at Wilson’s warehouse; I was previously in am; soon after veing ap- warehouse heard that the ae an protested against his being a to the on on the ground of belonging ; “heard it from Cunningham; was to be removed on too! my of- the warehouse and inspect- the 16th of May saw Fletcher and ding at the warehouse and Cun- ningham had the permit in his hand; he gave me it and I commenced the delivery of the 200 barrels; three or four days later heard of the removal! of 200 or 300 more; Fletcher said he would like to have Mr. Backus inspect it before tt was touched; went to the office and left word for Bac us to come and it; a My. Phillips had been en- aged by Fletcher to inspect it for him; finding 211 els, eleven barrels more than were on the re- turns, Fletcher wanted to know whether it could not be fixed to tuke out the eleven harrels; Cun- nin said he would not have anything to do with it; Fletcher said he would make it all right by taking some out of the tanks in the other warehouse: he sent for his couper the morning before and had them fillea up from the tanks; we went over to make out the retw that and = myseif- It that the eleven barrels would get us into trouble, and I put down in Backus’ inspection the true numbeg of galons con- tained, while I gave a false r of barrels by Pulng se the number of gailons contained in the 2i1 barrels; Backus signed the returns and I took them out and rave them to Cunninguam, who said that he would go and get the papers; on the 24th re- ceived the papers and delivered 90 odd barreis at the warehouse on that day; didn’t with it; on the 25th was at the warehouse about six o’clock, and the balance of the 211 barrela was delivered; it was impossible for me as conducting oficer to go to the store and deiver the whiskey; the duty of the oilices is to go with it and see that it ia delivered at its proper destination; never received Boy ones as lading ouicer. (ine return of A. J. Dayton to the Collector’s office for the performance. of tie work in question was here shewn and Identified.) Dated the return the 26th of May, and lett {tat tue oitice some time in June; did not know that the “26th was Sunday; wrote the date at random; asked Mr. De Vea, clerk, if he had objection to making the date the 16th, the day of the delivery of the whiskey; he said “no”; then I wrote out the re- turn onthe back of the order so as to make it ap- pear that it was on the original set of papers, District Attorney—So 411 barrels, were issued on one of papers; there was no other or separate order for these removais? A. I saw no other; saw Assistant District Attorney Allen on the 25th of May, and onthe 27th I was in the Coliector’s oilice, tier from the District Attorney on the 24th of ay telling witness to appear at Collector's oitice was put in evidence.) Q, Did you go there? A, No sir. On the 27th of May I went to the office and received my salary from Fletcher as the s.orekeeper of his warehouse, Q. Was one of ‘he tanks in your warehouses con- nected with the distillery which was seized on the 2o:h by Mr, Stagg’ A. Yes sir; I had a conversa- tion With Mr. cavicottin July, when he gaid they shvuld build a new warehouse in tne district, wuen he mizht be able to flad me someth ng to do. . Have you ever received any assistance from Mr. Callicott siuce this tran-action, or from any ouer A. Not from Mr, Call.coit. + Ob ected to. Objection sustained by Jude Nelson a3 being too indetinice. Did you make application for your comer in Wiison’s Watebouse, either directly or indirectly, to Mr. Calllcott? A. No, sir. Q. How did you hit upon the 16th In making this alteration in the ordey? A. 1 had forgotten the date of the original permit. Cross-examined—\. Your idea was that in allow- ing you to alter the date he was not doing ns towards furthering an érror? A. No, air; can’t te When | first heard that the District Attorncy had ob- jected to my appointment; looked upon it & joke and not as @ serious objection; rat heard of it about two or three weeks after my ap- potntment; was firet tren. et in the “Reve- lector Pratt, in upo! mm the recommendation of Mr. ui num! nue Department, under 1863, Driggs did hot understand that I was retained by Callicott at my father’ssolicitation; on the 1éth of April was uppcinted ag storekeeper in Alex. Cunningham's Warehouse; after Temoval am not aware that effurts were made pe my friends to have me re- ap ointed; on the 27th of a I was at the Collector's office, I saw Allen, pper and Fletcher; was paid by Fletcher about the 27th, but am not positive that it was on tha: day; a gentleman of the name of Miller succeeded me in the office of store- keeper; never saw @ permit which purported to be for 211 barrels. ne TESTIMONY OF G. J. HARDY. J. Hardy, sworn, testified that he was re- ques to prepare the Hand bond by Cuuningham; he came to me and told me he desi to Ret up the inepeotats certificate; he said it was for the benefit of the Collector’s oifce; he asked in what name | should put it, and he replied 1t was immaterial to ut any name; in the meantime he saw Mr. More- jouse, ‘who sald he had a couple of bondsmen who Brough ne ar. Joggerd and. Mr Malla; ‘he sala he brought me Mr. and Mr. Malin; he would take the bonds before his father; then returned and brought me the porting to be acklowledged by the ws were handed to Mr. left the 3 1 went ajterwards to Mr. Callicott to obtain the permit on the assurance from Cunning. ham that “it was all right;’’ Callicott said he would examunine the papers, bat did not give the permit; satisfied be e permit, and he said he would see McMullen that night; within a day or two | saw ingham he told me it was all right, to and get the permit; went to the Collector's oMce and called for the when Cuallicoit took out the bond and com- menced looking at it; 1 made the remark, “This belongs to your friend;” he looked at it and said it was all” it; I believe he signed the paper then; was refel ‘to Mr. Allen and obtained a dupli- cate of the permit, with the remark that they would send a lading officer to see to it; ae the dupll- cate to A. J. , Whom I met leaving the office; I recelved nothing whatsover for my services. Q What was Mr. ly when you told him it was from his friend le made no reply. Q. Did that remark of yours oome back to you Lt A. It came back from Mr. Cunningham, whom I met subsequently, when he wanted to know “why the devil I spoke about anybody in Souin Brookiyn;’ I said on account of my inquisitiveness. Wincss here tdent.fied the bond ‘known as the Al- xed Secord bond for the removal of 263 barrebs of wiitskey from Osborne’s warehouse to No. 11 Little street), The bond was executed at the request of Mr. Silverman; I was told that they would remove the spirits to the rectffying house for redistillation; I went to Mr. Cailicott’s oitice, Where form K was sworn to; Sidney B. Hyde and Henry C. Lenox purport to be sureties; I think Mr. Jones brough: me tue papeis already signed; I think 1 presented them myseif at Mr. Cailicoti’s omice; Callicott swore Mr. Swords; | weg there the next ‘morning and was informed that The permit would be granted and would send a lad! officer to accompany it; 1 received no payment for it; the dis- tillers’ bond of min rstone was executed by me; the amount of the bond is 000, dated May 81; don’t think I went with either of those sure ties to the Oollector’s oMice; the res of james = Wil- John Martin’ and tached in resence; the dist of Patrick in, same date, amount $15,000, Fw James Thompson and Jonn Fullon; was executed ‘me; the bond of James McLau dated May 27, amount $30,000, sureties Jolin Casey and Jacob opel, was Ee before fi I prepared it; don’t recollect whether I went fore the Collector with it; I em- Gere ken chren motte office; gone twice; Were all the bonds f put in. - Cross-examined—Have drawn up bonds and ra- Beplied tome T would make thom tp: hare pre. me np; have oPriad. then in, the Third. district booker Swords bond was in conformity to the requirements of the law; saw noting spectal when I went to Mr, Qallicott’s oI to put before the jury on the occasion that T it to his office; by the words “get up” I that I was to draw up the formal part of the bond, and when Cunningham sald any name would dof ht there was something sinister about it— (ane! name that was handy! put in on bis occasion; it was not to my mind atthe time application was made for the bond to remove these spirits to the Kp Birkbeck that there was such @ person in the whiskey business, Q. Did you write the name? A. I decline to an- swer. Q. Did you seo any one sign the name? A. I de- oline to answer. you know of Ji and Malin being fruence Persons in the arcesod up on that day to ice? A. He was better usnal. Q. Was he shoved? A, Don’t recollect. (Laugh- HY ay iy know yn soery A. Had seen them around at Fitziarris ee yt rad these bonds as an ave- rode Dla Cunhingham tell yon that this Sword bond permit cots rej tA = nn! ‘was for the be: of tue office? A. I think those Were bis exact words. ling an foi x aj You'woutda’ like to trust him for that amount? A. fs Did you see the that Caliicott sf 2 A. P oe) iy impression ts that I saw Mr. Callicott . Did Pag Bee any paper pass between Mr. Calli- cottand Mr. Allen? A. To the best of my knowledge and beitef l did; 1 will not swear to it. . Was Mr. Tracey the t yn towhom you spoke about the ? A. Al Mr. Cunningham Ttaink Mr, bo Was the next person I mentioned tay knowl of this ter tO; red to clear my akirts of the matter in the indictment; I eral interviews with Mr. Ti vefore that [had communicated of le slatements a littie mn this trial; I may have m stronger towal ihe end; he said the thing was “more connected,”? After some further croge-examination of this wit- o'clock, until noon to-day. BROOKLYN IN FELLIGENCE. Tug RECENT CASUALTY ON FULTON AvenvuR.—It will be remembered that during the alarm of fire on Sunday afternoon, while Truck Company No, 5 were ranning down the grade on the Fulton avenue car track, that the apparatus collided with a Greene avenue car, smashing the latter and injuring three persons, The practice of running the “machine” in the tracks going down grade is very general in Brooklyn, and accidents of a similar character are of frequent oceurrence. The offence is a Viola tion of the rules and regulations of the Board of Commissioners, and is punishable by the expulsion of the reprehensibte firemen upon thelr conviction before the Con) missioners, Sueh a course s however, rarely purened, and the unruly members the Department pursue their own pleasare in such matters regardless of ll consequences iu the # of penalties, Yesterday the Chief Engineer of the De! nent determined upon setting an example to futnre delinquents in this matter by cansing Hook and Ladder No. 5 to be lockerl up, ‘eaving the members of the company to amuse themselves in some more rational manner than runrilng into strect cars. The case will be tried before the Fire Commissioners on’ Thursday next. Tae PuitmanmMontc Socirry.—A new board of managers of this association, comprising the follow. ing named gentlemen, was chosen at the annual meeting, held on Monday evening, at the Academy + of Musie:—L. B. Wyman, William Poole, Congdon, H. K. Shela n, Edward Lambert, M. Warren, E. 8. Mills, John i, Howard, Townsend, A, V. Blake, I Burnham, R. mond, C. R, Loomis, A. H. Siith, Henry. Sanger, x B. Woodward, Julius Dalion, Benjamin F. Frothing- ham, C, C, Converse, F, L. Datlon and Charles E, Thomas. Tire total recelpts, according to the treas- urer’s report, for the past twelve months was $10,501 23; the expenditures amounted to $10,077 73, leaving a balance on hand of $423 50. STABBING AFPRAY.—Matthias Snyder and An- thony Menthrup, two Germans residing on Atlantic street, near Clermont avenue, became involved in a dispute on Monday night, when Snyder drew a knife and stabbed Menthrap about the neck and head in six diferent places. The wounds arb of a serious, if not a amine mains on was Le a and cooked e eth precinct station house to await the result of the injuries inflicted, CHturcH CONVENTION.—The churches connected with the South Classis of Long Island will hold a convention in the Reformed church on the Heights, Pierrepont street, near Monroe place, to-day. The sessions will be held at four P. M. and eight P. M. Tue Lone IsLanD Historica, Socisty.—There was quite a large attendance at the meeting of the Long Isiand Historical Society held last evening at the chapel of the Packer Institute in Joralemon street. After the transaction of some routine bust- ness the Rev. J. C. Fietcher read a paper on “The Relation Between Brazil and Brooklyn Two Hun- dred Years Ago.” It was an interesting bistorical sketch of the Immigration of the Hollanders in 1654, Feet listened to by the audience with marked at- ention. Tar BoaRp OF EDUCATION.—At a special mécting of the Béard of Education, held last evening at their hall in Red Hook lane, for the purpose of considering the question of farntshing free books for the use of scholars in the public schools, @ resolution was adopted directing the distribution of books from the 1st of June among the pupils, subject to the regula- tions recommended by the Library Committee. Re- marks were made by Mr. Northup and Mr. Whitiock. Tt was stated that $1,200 would suffice to supply one school with books and that the entire cost would not exceed $72,000, This was the only business of public interest transacted at the meetin; NEW JERSEY. Jersey City. ANOTHDR ACCIDENT ON THE ERIF Ratuway oc- curred at Hampton on Monday, when a coal train ran over an olé man who was walking along the track, and crushed one of his legs intoa mash, He was taken to Bellevue Hospital. THE Pouce Commissioners ‘Have applied the broom to the old force and are clearing the members out in small be Sern A few worthy men have been appointed on the force, Over a dozen others will be “chalked” during the next three ba including two who obtained promotion under the old system. AN EpIFYING SrEcTacLE—A Common Council dis- Sepenias. for weeks owing to petty squabbles for office. Hudson City. THE CRIMINAL TRIALS were commenced in the Circuit Cowrt at eleven o'clock yesterday forenoon, before Judges Kandolph, Quaife and Bohnstedt, AN INQUEST was held last evening by Coroner Warren in the case of the late James O'Neill, the pufponer who was found dead in a cell of the County jail a few days ago. Tae New County Jar contract has been awarded by the Board of Chosen Freeholders to Messrs. Doyle & Ettlins for $83,456. North Branch. FATAL ACCIDENT ON THE NEW JERSEY CENTRAL RAILnoap.—Frederick W. Walkey, a boy nine years old, in attempting to jump on a coal train in motion fellon the track and was ran over a few days ago. He lived only two hours afterward, Newark. Tue Srrine Far of the New Jersey State Agricul- tural Society will be held at Waverley, between New- ark and Elizabeth, to-day, to-morrow and Friday. ‘The eee are situated on the line of the New Jer- sey Railroad, Trenton. UNITED States Districr CourT.—In this court yes- terday the trial of William Walton, indicted for trad- ing in counterfeit money, was proceeded with. The testimony im the case proved that the accused was connected with a gang which operated principally in New York, one of whom, Chatterton, is now under- going incarceration in that State for a like offence. ‘The defendant was detected in his nefarious trade by a stratagem of one of the detectives of the Treasury Department, named Applegate, together with Mr. Nettleship, also a member of the secret service. Applegate, who was known to Walton, met him at the Merchants’ Hotel, New York, where “Applegate represented he was out of employment and would be glad to adopt any entei wo earn money. Walton took him into his confidence, and, after numerous meetings and negotiations, the former contracted with him at Hoboken to sell him some fraudulent notes at fifty per cent profit. The contract was subsequently consummated in Bleecker street, New York, where the defendant sold witness 3200 in teu dollar bills on the Marine Bank of New ‘ork, a5 well as a quantity of bogus notes of the de- nomination of $2, Detective Nettieship arrested the accused in Taylor's Hotel, Jersey City, on the 9th of April, The plates with which the bilis were en- graved arc now in the Treasury Department. Coun- Fray eb eal emt Se trying clien! when Ree was consummated in New York. The court ruled that when an offence is partly committed in one State and partly in another the accused can be tried ineither. The jury, after brief deliberation, ae in @ verdict of gutity. Walton lately & sided at Hoboken, but ts said to have been an old practitioner in this illicit tramMic. Sentence was reserved, BRUTAL ASSAULT AND Hicuway Ronprxy.—On Monday night a man named Edward Dean, residing at Lawrence, near this city, was found near Spani’s saloon, at the upper end of Perry street, with his head smashed, his face bruised almost beyond recog- nition, and his pocket hanging out, which latter cir- cumstance plainly manifested the object of the out- _— It seomns that the Wideiusete wan had been drinking with a a the afternoon, who saw him pull out a roll of bills when paying for the drinks. This negro left Dean’s Company, and repre- sents that another colored man introduced himself to Dean as he was leaving Spani’s saloon. No far- ther light has been thrown on the bloody affair. The last mentioned negro has disappeared. FATaL AccipENT.—At nine o'clock on Monday night a faise alarm of fire was rung, and as the Good Wiil fire engine was hurrying rapidly along a man named Carr, from Allentown, ran out of a sa- loon, and while attempting to catch hold of the rope was struck bythe engine, which passed over his body. Carr was removed to an adjotning tavern and received medical attendance. He was st juently conveyed to the hospital, about a mile outside the city, Where he fay ay ‘yesterday moming. The man had been drinking during the day and attracted the notice of the police. An mquest was held yester- day afternoon, THE CANAAN CHILO MURDER; Joneph Brown to Be Executed. * Huson, N. Y., May 19, 1868, After a careful consideration of an application for ® respite in the execution of Joseph Brown, who was convicted of the Canaan child murver, Governor Fenton has declined to interfere with the sentence of the court, and the prisoner will consequently} ve hanged in this city on perarany, the goth inst, e execution will be strictly private and conducted ‘under a strong guard. PorsoNiNG BY PHosProRvs.—The wife of a Bosion banker had @ narrow escape a few days since from death by Ly A box containing phosphorss been left op2n through Imadvertence rat n near @ oo blanket which was used after it become inn] ied with it. By the prompt attenti 1a * physician Immediate anges was averted, aithough the lady is not at it fuily recovered.—j un Herald. THB TURF. ‘Trotting Match at the Fashion Course. ‘Two trots were announced to come off yesterday afternoon at the Fashion Course, one for a purse in waieh there were seven entries, and @ match for $1,000, which brought to the grounds @ number of interested gentiemen. The match only came off, the purse nol being trotted for on account of ita not being a fair day and a good track at the time ap- pointed for the sports to begin, a drizzling rain hav- ing set iu @ short time previous, It looked for some ‘ume a6 if (he match also would be postponed, but both parties being on the ground and anxious to settle the alair they agreed te go on with it regard- less of the weather, The mateh was between Mr, Lovell’s bay mare Lady Lovell, by a son of Washing. ton, who was by Nope.cow, out of a good road mare, and Mr, Duane’* brown mare, known as the Gtiman mare, she having heen raised by the late Samuei Giiman, She te -by the Bashaw stallion Rureka, son of Long Island Black Hawk, and a granddaughter of Andrew Jackson. They are both beautiful young mares, but neither of them as yet have shown a great turn of speed, although the future may develop their trot- | Ung abilitves more forcitly, The match was mile heats, best three in five, to wagons, for the sum above stated, and was wom by Lady Lovell ta three straight heate, This match arose from ao spirit of emulation between the parties, and is the secoud trot thas taken piace between these horses, the Giimaa mae proving the vietor om the first oecaston, when their respecttve owners drove, In the race yemertee they were both driven by professionals, ames Dogrey driving the winner, aad John Murphy the Gitman miare, There is still another matenh to come of between these arace at two mile heats, Saas for $1,000, which will be decided eight days nee, Lady Lovell has several addi- tional matches on hand, to be deckied at intervals — — —— that with the Gitman mare, her owner bew,¢ devcr.ained te tax her capac ity to the utmost. ‘, THR BETTING, When this clase of (rotiers is taken into considera tion the amount of money wagered ‘on the event yea. terday was truly eurpristn, it was one of the most spirited betting races that taken piace for years. an a large amount of mone; hands, rang- ing from evens to loug and #! ast ote, Dollars were staked by the hundred, and picayune bettera were nowhere. Previous to the start the betting nearly at even, Lady Lovell having si iy the erence, one bet on her being £400 to After the first heat, howe er, wich was wom very easily by Lady Lovell, the beting ram tm her favor a8 high as five to ove or $.00 to $2), It being very arent that the charces of winning were so Heels in her ys that nating bee au unforseen contin gency, OF the casus'tics of a race course, could a Vent ik ‘This continued to the end. mu THR TRAOK. The condition of the track waa far from bein good, in fact, it was in sucmastate from the repeated rains of late and tne drizzly one then fall.og it was deemed advisable to renew the &.ociug of the horses With shoes more app! ae Lo the vocaston. Notwithstanding this precaution the track was so slimy in places that the horses would slip more or less at every stride, The time made, therefore, can- not be taken as @ criterion of the ability of the horses on a clear day and good track, For the two mile race to come off Lady Lovell is tne favorsts hundred to seventy-tive. THE TROT. First Heat.—The Giiman mare won the pole, end after a good even start the race began, Revere get ting on to the turn the Gliman mare broke up very badly and Lady Lovell reached the quarter poe x lengths ahead of her in forty-tive seconds, Soon after passing that point Lady Lovell let her feet and the Gilman mare closed @ trifie, but being urged a little too much she aiso took a fight, and by the time she settled Lady Lovell had indulged in a second break up. The latter, however, led eight lengths to the half mile pole in 1:003¢. One bundred to y was now heard oifered by several persons without a response. On the Flushing end Lady Lovell broke 7 athird time and almost came to @ standstill, but was not taken adyau' by ner oppo nent, for she made a worse break aiterwards, aad the bay mare led on the advance of her. Lady Love! came stead stretch, winning by forty or flity yards in 8:01, Second Heat—One hundred 10 twenty was now current on Lady Lovell, and several parties who were in on the level on her Une odd Lo make themselves safe to win without @ chance of losing. The horses got away on even termes after eight attempts, Lad and going around the brown mare, This advantage quarter pole, in forty-three seconds, opened the gap on the backatretch, breaking up in front of the old stand, she half mite pote four lengths, tn 1:28, bn the Flushing end the Gilman mare trotted very steadily, gradually on the bay until near the three-quarter ole, When the latter broke up. The break was of Hriet uration, and of advantage to her, as she dashed away from the brown mare with renewed spirit and energy, leading on the homestretch three lengths, The Gilman mare made @ very determy effort to overtake the leader up the streten, but was beaten to the score by about @ length and a hall in be ira Heat.—One hundred to it was now laid on Lovell. She got away with the best of the start after considerabie scoring, and, increasing her advantage at every stride around the turn, ied to the quarter pole three lengths in iorty-four seconds, She soon afterwards broke up, and the brown mare ¢iosed a trifle, but she also broke, and Lady Loveli was four died ths gap on the Flushing end, but Ueing forced the gap on the lng end, but being tho much again broke, aud the Gilinan mare drew & little closer fora moment. The latter couid oy keep stand, Lady Lovell winning lel 8, 1M 236534. SUMMARY. Fasmion Covrse, L. I.—May 19, match $1,000, mile heats, best three in five, to wagons. Wm. Lovell named b. m, Lady Lovell... weld ‘Tt. Duane named br. m, The Gilman M: 222 ‘Time 3:01, 226434, 2:65 4. Pool Selling On the Great Trot To-Day. Last evening about-.one hundred veterans !p all that relates to turf matters gathered at the rooms of Johnson, the stentorian-volced dispenser of pools, corner of Broadway and Twenty-eigith street, and indulged in the pleasant business of purchasing their favorites in the great trotting match at the Fashion Course to-day. It will be remembered by all interested in such affairs that the purse of $1,000, $750 to first and $250 to second horse, Mr. Chambers, filied with six entries, viz:—B. ‘sb. m. Lucy, B. Mace’s b. g. 8. Jackson, J, Lovett’s bl. @. General Butler, A. Patterson's br. & George Wilkes, D. Pifer’s b. m. Lady Thorn and J. A. Chambers’ Atlanta. Such a fleid of clippers, seldom brought together, caused considerable excitement and @ cor- responding amount of prophecy among the Pm a | ‘ones,’ and liberal betting has been the result, It 18 now understood that Lncy, Lady Thorn and George Wilkes will only start, and to them is looked for a contest, though early in the season, that will be worthy of remeimbrance. With the pool buyers last evening Lucy was greatly the favorite, a8 will be noted UF ae hagre 3 the following table, which also will aid, perhaps, some thai want the “tip” about the equines:— LOCy.... 040+ «$50 50 50 G30 Lady Thorn. ob a a 36 00 George Wilkes... w 20 ~» ~ os Totale....sctee.ee-. $105 107 108208 TURF NOTES, It is found diMeult to provide stabling at Jerome Park for the number of racers that are arriving there. ‘The horses at Secaucus are all moving finely. It ts estimated that there will be 120 horses at rome Park by the 1st prox. JeKmerten, will be represented by one or more colta in the English Derby in 1871, It is that three noted stables have combined not to ran in more heat races, ‘One colt, by Censor, out of Gloanini, from his rare appearance, will be apt to retain James 5. Wateon the turf. o"Mambletonian, the celebrated stallion, Was working on the road the other day—all right. ‘The Westchester handicap is out. Richmond must fall, Onward’s the word, ‘Sweepstakes on the English Derby will be drawn in this city on Saturday. Haymaker (two years old), © colt by Leamington, who ls now owned In this country by Mr. Cameron, of Liey Island, won a race at Newmarket, Engiand, April 2 , Underwood has started the Paterson fall meet- ing with a two pone old stake. fre English Derby will be ran on the 27th inst. American Girl the Goldsmith mare are matched for a large sum. Kentucky's colts are very fine in form. Daniel T, Wiiletts is taken out of traiaing. Sixty horses were worked on the Fashion Course morning. apne Boy. trotted @ Quarter in thirty-four second, Fred Pense is improving every day and growing more dangerous. THE YACHT SAPPHO AT AUCTION. ‘This schooner yacht, whom all yachtmen know to be new and a craft of great speed, will, with her en- tire fittings, be sold at suction to-morrow at twelve o'clock, at foot of Bridge street, Brooklyn. None of members of the New York Yacht Club that noted hor sailing quaitties last summer in the race to wind: at one | RIPLE SHPET. ‘The Young Men’s Tammany General Com- mittee. Richard O'Gorman will address the above com- mittee this evening. A full attendance of members 43 expected, and the public generally are invited to be present. Mr. O'Gorman will address the com- mittee upon the political issues of the day. fe will discuss the various diMicult and complicated ques- tions which threaten the country at the present time, and he will urge the young men of the party to be “ap and doing,” so that they may be prepared to carry out the work which the fall campaign will de- mand, Alter Mr. O’Gorman’s address the chatrman of the committee, Mr. E. H. Anderson—who has worked so hard in this matter that he deserves encouragement and success—wi!ll read a prospectus for the forma- tion of a Young Men's Democratic Campaign Club whieh shall meet every evening during the sitting of the Convention next July, and have open doors dur- img all the more active part of the coming political contest. It is proposed, upon the formation of this club, to hire large and commo- dious rooms; to invite prominent speakers from all parts of the country to speak evening after even- ing; to receive all the prominent newspapers pub ished in the United States, and to open the doors to all who will cave to enter earnestly and zealously upon the work of defeating the eiforts of the republican party. It is high time that the young democracy of New York orgaifized teelf into some such association, as the republieans have had no hesitation in forming such Leagues, success being a natural consequence, Interchange of thought, concentrated action, umty of purpose—such are the weapons which young re- pablicans and which young democrats should net discard, Let those workers in the political ranks meet in full forge to-night, and act in harmony and with energy and vigor. ‘The meeting will take place this evening, Wednes- day, May 20, at half-past seven Qelock, at Masonic Mail, 114 Bast Thirteenth street, Political Miscellany. ‘The Missouri Democratic Convention meets at St. Louis on May 28 to elect delegates to the Natioual Convention, The Democratic Central Committee of Tennessee have issued a call for the State Convention to assem- bie at Nashville on June 0 for the purpose of electing delegates to the National Convention, ‘The Conuecticut Democratic Conveniion to appoint delegates to the National Convention and to nomi- nate Presidential electors will be held at New Haven, Wednesday, June 3. General Buchanan annoances in General Order No. 104 the result of the vote on the new constitution and for Congressional candidates in Louimana, The ma- jority for the ratification of the const.tution is 17,413, James Mann, in the Second district, ts the democrat elected to Congress, He also announces that certta- cates of election will be issued on application at headquarters, No mention ts made of the balance of the tieket. Georgia clec'# tx republican Congressmen, Louis tana four, North Carolina six, South Cerotina four, Arkansas (hree —total, twenty-three, Georgia elects one democrat, Loutsiana ove, North Carvlina one— total, three, Kentucky i* not likely to be behind her sister ‘States in the article of candidates for the Vice Preal- dency, Two of them are already in the Geld, Some- body has recoumended 8. B. Churchill, of Frankfort, a8 an appendage to the Pendieton ticket; and the democrats of Rowan county express a preference for their “distinguished fellow citfeen, E. C. Vhisier,” for the same portion, 2 Henry 8. Pitch, son of ex-Senator Pitch, of Indiana, how huiding @ Federal ofice iu Georgia, is nemttoned as a democratic candidate for Uuited States Senator from that State. Among the negro secret societies in the South ts one called the “Sons of Liverty.” Mt proposes Fred Douglass for Prositent. ‘The Hon. Thomas Williams writes to his constita- ents in Pitsburg that while be will accep! a renomt nation for Congress he will not camvass lo oltain ft, A democratic club has been formed at Mibedgeviile, Ga., and among the five Vice President® appear the names of two colored men. UNITED STATES SUPREME COURT. Port Wardess and their Compensstion—The States Cannet Puss Lawes Kegulating (om- mercemA Law Taxing Each “biy om Ketry a Cortatia Sum te Void. The Southern Steamship Cumpany of New O leans, plaintif—s in error, vt. The Master ond Wardens of the Port of New Oreans.—The facts in this case have been before reported and will be foond sum. clentiy restated in the opinion of the court, M Chief Justice Chare delivered the opinion of the court:—This case comes before we by writ of error to the Supreme Court of the State of Lowlsiana A law of that State, enacted ow the ith of March, Iso, provided that the master and wardens of (he port of New Orleans shall be entitied to demand and re- ceive, in addition to other fees, the eum of #4, whether called on to perform any service or not, for every veswel arriving im that port, Under this act the sum of $5 was demanded of the ¢toamanip Charles Morgan, belonging to the plaintiff tn error, and payment being wefused, sult wae brought against the owner and recovered in @ Himure's our ich jelguece en affirmed the Supreme oa th object of sult in error i# to reverse that ment. snes aa Jy a tae ay? fe thiss—Ie act andi or i -y Fy of the United States? aA ES merce with foreign nations and amoug the states ts what be aba Sapte, Waser tee ss eae seuctihen saat ies tome nsreejesed or ay gy hte court, wi to Con Ay he lay duties qe, tenet SY of haattie state SS evorieaiconn, “Fue wer lo regu. ere, the exer eter " Sragegoe ake wean among the Staves. It ie tax ‘ator compenration to the whose duty It Is to various services Loe me the law for its collection same conatitanenal grounds zing the collection of inert ton to tne propenttin, that no got of as that of Le jations, while the State ore thus recognized. The rhous furden, and works which the copstitation kane i i Bo zt H i i i Ge H ic eg Pan ed taeNatvah Ste Katee gure, mee be called ‘not,”” . Het Bal oie fi fs States ts in We think, also, imposed by the ure of Louisiana sense of the word a duty on tonnage. obvious general sense it is true these cribe @ duty pro; to the tonnage vess"l—a certain rate on each ton. But it seems plain that taken im this restricted sense the P tutional provision would not fully accomplish its in- tent. The general prohibition upon the States levying duties on imports or exports would have been ineffectual if it had not been extended to duties on the ships which serve a8 the vehicles of ooaray. ance, This extension was doubtless intended by prohibition of any duty of tonnage. It was not only & pro rata tax which was prohibited, but any duty on the ship, whether a xed sum upon ite whole tonnage or a sum to be ascertained by comparing the amount of tonnage with the rate of duty, In this view of the case the l¢vy of the tax in question Ia ex- Pressly prohivited. On’ the whole, we are clearly of Opinion that the act of the Legislature of Louistana is repugnant to the ednstitution, and that the judg- ment of the Supreme Court of the State mast there- fore be reversed, CHINA. American Progress in Hong Kong—A New Hotel und Revolution in “Dining with Friends” —English Snobs and a Few Yankee Imitators—Moveuents of the United Staces Asiatic Fleet, Hona Kona, China, March 26, 1868. Among all the cities of the East Hong Kong has probably the least really fine weatier. Bequtaful days are so rare that you can readily count their number upon your fingers. Through December and January there was really some fine weather, Feb- ruary came, chill and very much muggy and rainy. March has been worse, and for the last three weeks most of the days have been oppressively warm, very muggy and with such an impenetrable vet! of mist overhead that a sight of the “Peak” was rare. The nights, however, were quite comfortable, and during one of them regently the new Hong Kong Hotel was opened, Yes, there lg a bona side new hotel in Hong Kong. A good hotel has long been a necessity here. Perfection, however, has not by any means been attained in this Grst attempt, The number of rooms was limited to forty, and applica tion was made for these almost immediately for per- manent occupancy. At present half the number are retained for the travelling public, The merchants of Hong Kong, too, are disposed to avall themselves of this opportunity to break up the junior messes of their establishments and send the young clerks to the hotei for their meals, giving them a stated allow- ance for that purpose, beyond which they must not step. Cause—the young men have veen living luxu- riantly, dining all their friends and neighbors and calling frequently, generally oftener, witi: all the ept- curean lordliness of a D'Orsay or Brummell for brandy and = gin cocktails, for port and sherry and ice and cigars. Result— the young men are much chopfallene and can’t do®o any more, Weil, the liotel was opened by the Governor and his lady. Now, three, four, five years ago this English people scuffe’ at the idea of American permanency and laughed at American in- stitutions, and with a snap of the fingers annihilateg America, Declaration of Independence and constita- tion. They decided that things weve ig Bees be thus, and so—possibly aping home manners, because they continue to do that even to-day—it was a Jatt a |. Bat, in discordance with their arrange- America wouldn't be annihilated, and now ma onger than ever; and for three years saucy-looking Yankee men-ol-war, the finest in the East, have come here and gone as they pleased, Fand ‘ail that sort of thing, you know,” and this people don’t understand it. Well, there's nm t! deal. more they don’t understand. A dful of men, who possibly—can’t tell, you know—could find no occupation at hom come out here aad become ‘the glass of fashion an the mould of form.” And thereare Americans, too— curtonitios, it ia true, by reason of their rarity—who follow tn lines 60 welilingy set them; who deem it a misfortune they were not born in England; who ride and talk eat and walk as their colonial wet them example, and who, with these teachers, seem to have iinbibed the Chinese tdea— y reason of contiguity to Chinese territory— iat Hong i] ia the rea! material giobe, and other lands are—well, yes—suburban dependencies, Honor, however. to the body of Americans in Hong Kong whoremember that they ate Americans and re- joice thereat. ‘The tract of land In the lower part of the city, and between Queen's road and the harbor, and mostly Chinese occupied, which was recently swept by fre, will soon be eovered again with more substantial ‘granite dry dock on the Kowloon side, which been 80 oe Sragging itself along, will be or eight wee ip Hartford has been at Wo months. The Hartford re- “s tarry at Whampoa, and the Arovstook from Canton last late commanding the was invalided, and Pacific Mall steam- steamer Ashuelot arrived here @ speedy but unpleasant run the temporary command of Hatfed. Upon arrival Lieutenant Commander Hatiield was command of the Unadilla, and ¢ J. P. Fyife, laie ex-oficer of states steamer Oneida, and more recently commanding the Arovstook, Was ordered assumed command of the Ashuelot, Lieu- Beardslee, who has been on out of the harbor of Hong Kong ‘mu woner of Admiral Kep- manged Figginz, and gave three recently again as- moved away {com her ute ‘red x jaadron. The Amert- up Koduey lay near 4 <= = near; i ‘iil | F. H. Baker, ceamer Unadil he last trip of i i Hi i : : F z : 2 | i Hae ; B : ; l 218t inet the flagship ‘was hoisted at the fore and <a ung the tuglish oq) | i i the fac. that (he repeated chai- the beat's cr. ws of the Hartford been by the foreign imen-of- war, Tharthoad ot remain at Singapore uatil the ar Admiral Rowau and the Viscataqua, when home, The Aroostook will remaina ant, aud the Unadiia at swatow. The mer, left ~ hae for ju on the Teta ime., and will proces thence to pine tnto the case of the General Sner- il ‘the Commander Engtish, is at G the Goud. Commander Creigacon, is ab Hi or Owaka; the Monocacy, Comman ier Carter, ia at Yo- hy the arrival of we jofurmation comes of aa assault at Usake ow @ Preach mua-ol-Wwar py yh -— Ee and some of the mea kuled. Trowte ts anticipated, and leaves wer the Ashuciot Tonnage. \Share.| Price. a = inf Al @ reeent meeting of the Society for the Encoure agement of the Fine Arts, beid in London, Mr. W. Burgess read a paper—"iiow can we ovialn better rt eet more of nr” Adverting to the many dised- vantages andere) 8 ‘ert im the metropotls labured,