The New York Herald Newspaper, May 24, 1868, Page 5

NEW YORK CITY. THE COURTS, WWTED STATES DISTRICT COURT—IN BANKRUPTCY. Emportant Question as to Statutory Trusts. Before Judge Blatchfora. An important decision, in the case of Lewis Meyer, was rendered yesterday. On the 8th of June, 1865, Martin Maas recovered a judgment ‘m the Supreme Court of New York against the Dankrupt and one Sandheim as joint debtors for $1,130 70, It was duly docketed and execution was fesued on it and returned unsatisfed. It is now wholy due with interest from January, 1866. It ‘was founded on two promissory notes of the debtors and on an account for goods sold, On the 9tn os April, 1806, Bache, Ulman and Bach recovered a judg- ment in the Supreme Court of New York against the bankrupt and Sandheim as joint debtors for $1,167 08. It was duly docketed and execution issued on it and returned unsatisfied, and it 1s now wholly due with interest from its recovery. It was founded on a Promissory note of the debtors’, made August 10, 7860, at eight months, for $781 56, The consideration = the note was goods sold to the debtors by Bache, man and Bach, in July, August and September, 1860, In Marci, 1868, Maas and Bach and Ulman an Bach commenced an action in the Supreme Court of New York against the bankrupt and rs alleging, among other thi that while the bankrupt Was so indebted to them while he he was in- solvent, and on or about the 14th of April, 1864, he pur- chased with hisown money a lot of land with a house thereon; that at his own request this property ‘was conveyed to the bankrupt’s wife by the venders by deed of conyeyance recorded July 5, 1864; that the bankrupt paid the whole or the quarter part of the purchase money, more than sufficient to pay the amounts of the two judgments and interest; that the purchase money was $7,400; that the honse and Jot are now worth over $20,000; that the conveyance was voluntary as between the bankrupt and is wife; and that it is fraudulent as against the plaintits in the suit as his creditors, The prayer of the petition is for judgment that the trust, which is alleged to be vested in bankrupt’s wife, may be es- tablished and declared; that the plaintiffs may be declared to be entitled in equity to enforce the trust; that the wife of thé bankrupt may be declared to be the trustee thereof, and that uniess she pay to the plaintifs the amount due the house and lot may be wold by a receiver to be appointea by tne court, and ‘that out of the proceeds the judgments and interest maybe paid. In February, 1868, and before the suit was commenced bankrupt filed his volun- tary petition. The creditors proved their debts, and te April last the court made an order staying the bm yacteeier the action in the State courts until he question of the penkrnnye discharge should be determined by the District Court. The creditors now apply to the court for an order setting aside such order of stay, It is claimed that the.real estate in question was never the property of the bank- . Yupt. After adverting to the law on_ the pubject the judge says the creditors seek to have the trast enforced against the house and Jou as representing the money alleged to have been #80 fraudulently applied by the bankrupt. The fraud, and only fraud committed by the bankrupt, was in taking his own money and using it in this way. Therefore, in the case set up by the creditors in their complaint, the thoney so used and applied by the bankrupt, as now represented by the house and lot, is “property conveyed by the bankrupt in fraud of his creditors.” As such it passed, by virtue of geotion fourteen of the act, to his Assignee in bank- vuptey and he can sue for and _ recover such property. Any equitable rigift which the creditors had to enforce any trust created by the law of New York in their favor in respect to such money or its representative, and any equitabie right conferred on them by the bring- of their suit, is subordinate to the right and’ tle of the assignee in bankruptcy. — His title relates ‘back to the 13th of February, 1868. The sujt of the creditors was brought afterwards. The, equitable right to enforce statutory trust is not such a lien or peice as 1s saved or protected, as against the assignee, by the provisions of the fourteenth er the twentieth, or any other section of the act. The motion to vacate the order of stay is denied. Mr. 4. R. Dyett for the creditors, Benedict and Boardman for the bankrupt. Motions Before the Court. Jn the Matter of Orvis M. Moore for Himself ana Against His Copartner, Benjamin F. Lewis.—This case was Called. The papers were stated to have been served and an adjournment was ordered to the ‘80th instant for proof of service to be produced. Biwin W. Weich and others vs, Marshal L. Dun- ham and Joseph Orr.—Proot of service filed, Re- spondents deny having’ committed acts of bank- pani and demand trial by jury to determine the ion, Trial ordered accordingly for June 2. The Pennsylvania Coal Company vs. Richard Grant and John H. Hays.—Proot df service tiled. Denial of bankruptcy by respondents, who demand @ trial by the court, The court directed that a refer- ence be had to ascertain the facts. Samuel B. Potter and others vs. Stephen Gran- Sa of service filed. Case adjournea to Application to Refer Back to the Begister for Explanation. In the Matter of William F. Knoepfel.—In this case the application by the bankrupt for his order of ais- charge was called on. A long list of objections had been filed by the opposing creditors; among others, that the bankrupt had, since the passage of the act, burned papers, books and documents, with intent to @efraud his creditors and conceal the state of his ; Edwin James and A. J. Vanderpoel, counsel for the ‘Dankrupt, applied to the court to refer back the matter to the Register, in order to give the bankrupt an opportunity to explain this matter and to adduce testimony on his behalf. Mr. Seixas, on behalf of the creditors, opposed the itcation. The court decided to have the bank- gupt examined in court upon all matters he desired to expiain; but the case was afterwards by arrange- ment referred to the Register to take testimony and the further hearing adjourned to next Saturday. UNITED STATES DISTRICT COURT—JURY CALENDAR. The Great Cotton Case. On motion of Mr. 3. G. Courtney, United States District Attorney, several cases.in matters of internal revenue, principally whiskey under seizure, were set @own on the calendar for trial in the forthcoming June term, and among these the important case known hitnerto as the great “cotton case,” with which the namepf Stevenson ts associated, was set @own for hearing. In this case the government is the prosecutor,,and the ailegation that a Mr. J. K. Stevenson, ‘an alleged agent oi the late Con- Sederate government, is charged with having appro- priated to his own use during and subsequent to the pression of the late war of rebellion large quan- titles of cotton, the property of the United States. ‘The trial of causes will be subject to and contingent — whether or not time and other occupations will afford the court opportunity to take them up. present appearances the criminal calendar ‘will be first disposed of, and should time afford after these the civil cases will be proceeded with, includ- tng t hese above referred to. SUPREME COURT—CHAMBERS, The Erie Litigation—The Motions to Dissolve Injunctions in the People’s, Schell and Blood. good Suits Denied. Before Judge Sutherland. Judge Sutherland yesterday rendered decisions dn the following cases :— Schell vs. The Brie Railway Company.—Motion de- nied, but injunction order modified. The People of the State of New York vs. The Erie Ratlway Company.—Motion to vacate injunction; order denied, with $10 costs, to abide event of action. John Bloodgood et al. vs, The Erie Railway Com- fens to vacate injunction; order denied, the same is modified. The injunction in the suit of Fisk and the Erie Railway Company against Work and others enjoined the defendant Work from attending any meeting of the Board of Directors of the Erie Railway Company, and the suit of Schell against the Erie Railway Com- pany Was brought asa counter suit, the injunction Festraining the Board of Directors from holding any meeting unless Work was permitted to be present. ‘The order made yesterday by Judge Sutherland ay the injunction so as to permit the Board to jd its meetings without regard to the exclusion of Frank Work. It also strikes ont from the third sub- ‘aivision of the injunction the words, “from making any contract with any railroad company,” and the words following down to we pg | the word “responsible,” and by inserting In lieu of the words 80 stricken out the ‘toon “4ssning or causing or per- mitting to be sold, hypothecated or disposed of any donds of the Boston, Hartford and Erie Rail Company, having any guarantee or endorsement of the Erie Railway Company, and from parting with and de- Uvering or allowing to be delivered to any person or Sears any such bonds, which are or may come of jer the control of the defendants, or any or either them, and also from doing or Hasty | to be done any whatever on the part of the Erie Railway Company or its directors or officers, or any of them, in performance or towards the performance of the agreement of the Brie My Company to endorse @F guarantee its bonds or the interest thereof, or in formance of the agreement of the Erie Ratiway pany with the Michigan Southern and Northern Indiana Railroad Company Feapecny the construc. tion and operation of a ratiroad in Ohio, connecting or to connect the Atlantic and Great Western Rati- “EE with the city of New York.”” @ injunction, modified in these respects, 1s con- tinued without costs, The Bloodgood suit was a similar action to the Seheli suit, and prayed forthe same relief. A like order was also made in that case, The injunction in the suit of the People restrained the conversion of bonds of the Brie Railway into stock, or the creation or issue of any shares or cer- tificates of shares of stocks of said company other than or additional to 251,058 shares mentioned in the company’s report to the stockholders or to the State engineer for the years 1866 and 1867. Also from negotiating in any manner whatever any bonds of the Boston, Hartiord and Erie Railway Company, guaranteed or endorsed by the Brie Railway Com- any, and the defendant, Daniel Drew, was enjoined selling, trauglerripg OF iD aby Way disposing of NEW YORK HERALD, SUNDAY, MAY 24, 1868—TRIPLE SHEET. or parting with any shares or certificates of stock of the Erie allway which ait be in his ppncomicn or enter control, or ip possession or under the control of the Erie Railway Com- or its offi until he “shall have restored to The Bre Raliway the 58,000 shares of stock, or thereabouts, obtained him from said company im or about the month of May, 1866, or so many of as there are now out » and also the 10,000 si or ute, vel to him in exch for stock or securities of the Buffalo, Brad- for Pitts road Com} , and any other of the cap! stock of the Erie Railway Com- The motion to dissolve this injunction is denied (without modification); with $10 costs, The follo is the order entered yestertlay:— it term of the Eepeenie of the iew Yotk, held at the City Hall, fase cle of New York, on twenty-third of et Present, Hon. Josiah Sutherland, Justice.—’ le of the State few York vs, the Erie Rail- Dudley Field in favor of said motion, and Messrs. Charles A. Rapallo and Charles O’Conor in opposition thereto, it is ordered that the said motion be and the same hereby is denied with $10 costs to abide the event. (A copy.) CHAS. E. LOEW, Clerk. Notice of appeal from the orders Gentine these Motions was served yesterday by the defendants’ attorneys, and the appeals will be heard at the June General Term, SURROGATE’S COURT. Before Gideon J. Tucker, Surrogate. The following mentioned wills were admitted to probate, viz:—Of Stephen Breihof, Ellen H. Barnette, Samuel Phillips, Catharine Rapelyea, Francis Blanch- ard, Jonas Conkling, Maria Montgomery, John W. Beatty, Cecily Mui , Heinrick Bruns, Simon Vieit, Felix puriey, Agnes McClune. Letters of administration were granted on the fol- lowing estates:—Johanna Griffin, John O’Rooke, Olivia Law, Sarah Myers (otherwise Beals), James coreuae, James Gillan, George Duffy, John Barrett, Charity B. Knapp, Daniel Sutherland, John Bracken, Lovesta 8. Young, Frederick Wenkenba, Edward 8. Robbins, Felix Weill, Ann Mehan, Cornelius Single- ton, Fliza Donohue, George W. Golder, Patrick Lar- kin, Herman Sunderman, Thomas Tevlin, Patrick Boyle, Patrick McKenny, John Allworden, Alpheus Decker, William Dornbusch, Catharine Lapham. John Feely was ay pointed guardian of Ann Fila- herty; Johanna Daly of Caroline and mngh Dutty; Henry Vossbrink, of Frederick and Deiderich Klages; Salome Weill, of Morris Weill; Matthias Clark, of Ann E. Lambert. CITY INTELLIGENCE. DeatHs DuRING THE WEBK.—There died in this city during the past week 497 persons, more than a moiety of whom were under the age of ten years, ARRESTS BY THE POLICcE.—During the past week 1,548 persons, of all ages, conditions of life and of both sexes, were arrested. SHIPMENTS OF SPECIE.—During the week there were shipped from this port to meet foreign demandS within a fraction of three millions of dollars. Sreamsuips.—For European and coastwise ports fourteen steamships left our harbor yesterday—most of them with large miscellaneous cargoes on board. Bia Inp1ANns.—Four war chiefs of the Nez Perces nation are expected to arrive in this city en route for Washington in a few days. National BANK COUNTERFEITS.—Ten dollar bills on the National Bank at Lockport, this State, the utterances of a gang of counterfeiters, are in cireula- tion in this city, To THE West !—A number of muscular Christians left this city last evening by the Erie and New Jersey Railroads, en route for the West, to attend the prize fight between McCoole and Coburn. Missina.—Since Monday last a lad, aged fifteen years, named Benjamin Walling, nephew of Police Inspector Walling, has in some unaccountable man- ner disappeared. Although diligent inquiry has been made of his whereabouts nothing can be ascertained. LICENSES IssUED.—Since Monday last the Mayor has caused licenses to be issued to 18 pawnbrokers, 130 second hand dealers, 97 junk dealers, 10 ex- pressmen, 17 venders, 30 public and 10 dirt carts, 28 drivers, 4 intelligence offices and 1 public porter. $2,915 73 were pald for these licenses, A SrorM OF RAIN.—We “enjoyed” one of the heaviest rain storms of the season yesterday. It commenced about half past one o’clock in the morn- ing and kept ‘“‘industriously at work” until late in he night. Excellent weather this for ducks, india rubber manufacturers and umbrellala deers, TERRIBLY BEATEN.—A seaman on board the Albert Deevis, from Antwerp, lying at pler 49 East river, ‘was set upon at an early hour ae by the om- cers of the vessel and terribly beaten and kicked about the head. The injured man was taken to Bellevue Hospital. His assailants are in the hands of the police. Hap A Lea BROKEN.—John Archer, a laboring man, while carrying bricks up @ ladder at a new building in course of erection on Fifth avenue, near Eighty-fifth street, yesterday morning, by some mis- chance, lost his footing and fell to the ground. One of his legs was broken by the concussion. Fire IN Mott STREET.—At noon yesterday a fire was discovered, and under considerable headway, in the tenement house 107 Mott street. There was much excitement fora time among the inmates, but the Mames were happily extinquished by a squad of policemen from the Central office before much damage was done. Several persons came near being suifocated to death by the smoke. PROBABLY FATALLY INJURED.—Yesterday morn- ing, while engaged in washing in her apartment in the third story of 86 Clinton street,a Mrs, West, in some unexplained manner, lost her balance and fell through the window near which she was standing into the street. When taken up she was insensibre. Her injuries, mainly internal, are thought to be of a fatal character. THE, BAKERS.—It was intended to have a grand procession of all those employed in bakeries in this city, Brooklyn and Willlamsburg, but the clerk of the weather, of whom Professor Mathew seems to be a substitute, ordained it otherwise, and the meeting was adjoorned to Saturday the 30th day of May, at tne Hail of Leporin, on Forty-fourth street, near Eighth avenue. The object of the meeting was to unite all the bakers to demand $18 per week for twelve hours of daily work, from and after the first day of June next. YEARLY MEETING OF THE (HICKSITE) FRIENDS.— The Society of Friends of the Hicksite school yester- day opened their yearly meeting at their places of worship in Rutherford place, Fifth street, near Sixth avenue, and Schermerhorn street, Brookiyn, To-aay and on Wednesday the meeting honses will be opened to the public, and during the other days in the week private sessions only will be held. Notwithstanding the storm yesterday there was a goodly attendance, and the proceedings were, if it.is proper to apply the word to such a convocation, gspiritedly” conducted. The topics discussed by those moved to speak were:— “Warfare and Human Carnage,”’ “The Decadence of Quakerism and the Evils which Result from Fash- jonable Habits.” The testimony on these topics was exceedingly emphatic, if not always eloquent. The most distinguisied preachers among the Hicksites are of the female persuasion. Epvucation.—The Society of German American Teachers met last night at Pythagoras Hall, on Canal street. To all present the announcement that the “Blaetter fiir Schule and Haus"—Leaves for the School and the House—were ready for publication by Corrad! & Schafer, of Philadelphia, was welcome news. Some debate ensued upan the fact that the Board of Education declined to answer a letter writ- ten to them by this society ti for their pupils admission to the Free Academy. This long silence ‘was considered to be a denial. The society then sent a report of the condition of their schools to Mr. Bar- nard, at Washington, which report will shoruy be submitted to * Con; as part of the semi- annual report of the Department of Pubiic in- struction, The members of the society, all practical teachers themselves, had but one other complaint to prefer, and that was that while the children from the public schools are at libetty to play at the Park the children of the private and German schools are not allowed to doit, The Park Commissioners ought to look into this matter, so the teachers say, POLICE INTELLIGENCE, ALLEGED MayHem.—Yesterday afternoon Edward Weed and another man were playing a game of bil- liards, at No, 10 Spruce street, for money, John Sheehan, of No. 57 Vandam street, being the stake- ‘nolder. During the progress of the game a dimiculty ensued between Sheehan and Weed which resuited in a rough and tumble fight, and before it was over Weed seized the nose of his antagonist between his teeth, ring it nearly off. An offfcer being called ar- rested Weed who was taken before Justice Hogan and held to bail for trial. ALLEGED EMBEZZLEMENT.—Henry J. Thompson, a Scotchman, fifty-four years of age, living at 36 Ply- mouth street, Brooklyn, was arrested yesterday afternoon by Officer Palmer, of the Tombs Police Court, on the charge of having embezzled $26 from his employer, Robert M. Proctor, of 18 Dover street. Thompson, as is alleged, collected the money from Bryan O'Brien, captain of the schooner Blanctie, and appropriated the same to his own use without the knowledge or consent of his employer. Justice Hogan held the accused to bail to answer the charge, SreamsniP RospeRs.—Oicer Monahan, of the Sixth precinct, yesterday arrested two men named Henry May and Daniel Quinn, on the charge of steal- ing eighteen paire of shoes from on board the steam =o ship Champion, lying at pier No. 3 North river. datos Johann aio the ah Who ade te com) int, says prisoners con! and ty Wo was found in their pos- ein. Justice Hogan the accused parties for SN ee SS oe, CHARGE OF EMBEZZLEMENT.—For some time past Mr. Daniel Pelton, doing business at 139 West street, has suspected one of" his clerk’s of feloniously em- bezzling and appropriating money to his own use, and acco! trap was set to catch him. The result was that Henry Clifton, the suspected indi- vidual, as alleged, was recently caught in the act of pocketing $5 Oslonaane 50 Nr. iton, and arrested by letective Irving of t tral office. ‘The accused was taken to headquarters, after which it that some time previous he had d panned with his employer for safe keeping. While held a prisoner and before being taken to court, Mr. Pelton had an inter- view with Clifton, who consented to make restitution as farasin his power, by giving his late employer the of his money w he held in his hands. The District Attorney was consulted and gave his consent for Mr. Pelton to receive the money. Yes- terday the preoser was taken before Justice Hogan, when Mr. Pelton expressed a desire not to prosecute him. The Magistrate, belie’ that the case should not be thus settled, required Mr. Pelton to appear and prosecute, and to insure his apy ce sent him to the House of Detention as a witness, Clifton Was committed to the Tombs for examination, The perl of detaining prisoners at headquarters for a lay or two, and jonally even longer than that, before taking them to @ourt, met with the Magis- trate’s displeasure, as he believed that in almost every such case there was something wrong. BURGLARY AND THEFT OF FuRS.—On the night of the 17th instant the store of Mr. George W. Palmer 228 Bowery, was entered by means of forcing open a rear window with a jimmy, and robbed of furs valued at $2,100. The night previous to the robbery officer Kennally of the Twenty-seventh precinct, in ing through Prince street, near the Bowery, saw Eugene Baker loitering near the entrance to an alley, and knowing him to be a suspicious character asked what he was doing there. Baker replied that he lived in the rear of the premises, After walking @ short distance the parties separated and Baker, being watched, was seen to return to Prince street. The following morning the burglary was announced, when officer Kennally went to Ince street and learned that Baker did not live there, but occupied room in the tenement house 142 Norfolk street, Search was then made for Baker, and on being found the officer accused him of the burglary which, of course, he denied. The officer told Baker that he must go and search his apartments, to which the suspected man demurred, and at the same time de- nying that he had the stolen furs. Baker, during the conversation which ensued, told the officer that his accomplices in the burglary had the property in Eldridge street, near Stanton. He further said he was to. meet his confederates in the crime in Klein’s lager beer saloon, 197 Bowery, at two o’clock that day, and after doing 80 he would call upon him (Kennally) and let him know the result of the interview. With this understanding Baker went away. As he failed to keep his appointment, officer Kennally the day fol- low ing, arrested Baker, when the latter said that while on the way to see him (Kennally) he had been arrested on that charge by detective Wooldridge, of the Sixth precinct, after which his confederates, be- coming alarmed, had removed the furs from Eldridge street to some place unknown. Yesterday the ac- cused was taken before Justice Hogan and commit- ted for examination, THE FUNERAL OF COLONEL DYCHKMAN. In accordance with the arrangements of the City Councils (Aldermen and Councilmen), the remains of the late Colonel Garret W. Dyckman will, at ten o'clock to-day, be conveyed to the City Hall, where they will lie in state until four P. M., when the funeral will take place. The Hawkins Zouaves will act as the escort to the Hudson River Railroad depot. At three o’clock the members of the Common Council, together with the heads of departments of the city and county governments, will meet in room No, 8 City Hall preparatory to the movement of the procession. The oificers of the Army and Navy, members of the regular service, with the volunteer officers and various regiments who served during the Mexican war and in the late rebellion, and especially his command of Kearney’s division and Third Army corps. The of- cers and members of Independent Lodge, F. and A. M., and the fraternity in general, together with those who enjoyed his personal acquaintance, are also invited to congregate in the Governor's Room at the same hour. By a general order the Hawkins Zouaves are called to assemble at their armory, at half-past two o'clock, in full uniform, ‘‘to attend the funeral of the deceased, late in command of the First regiment, New York volunteers. The line will be formed at three o'clock,” continues the order, “the staff band and drom corps reporting to the Adju- tant at the same hour the regiment is ordered to assemble.” Coroner Schirmer yesterday held an inquest on the body of Major Garret W. Dyckiman and the evidence showed aeath to have been the result of Bright's disease of the kidneys. The post mortem examination showed the presence of a Jeaden bullet in the left leg, which deceased had carried for twenty-two years. He received it in the Mexican war, Honors to the Late Colonel Dyckman by the Common Council. BOARD OF ALDERMEN. This Board convened yesterday afternoon in spe- cial session for the purpose of taking official action in relation to the demise of the late Colonel Garrett Dyckman. When the Board had been called to order Alderman Norton rose and said that as it was well Known for what object the meeting had been called he moved that the calling of the roll be dis- pensed with. The motion was unanimously carried and Alderman Norton then offered the following pre- amble and resolution:— Whereas this Common Council has learned with regret that Colonel Garrett Dyckman died at_bis residence in Broome street, in this city, on Friday, the 22d inst., and whereas the public life and services of the deceased were of such a char- acter as to reflect honor and distinction upon this, his native city, and ahould elfelt from its authorities some expression of the they entertain of the value of his services and sacri- fices in behalf of his country. He was among the first to vol- unteer from this city at the outbreak of hostfléties with Mex- ico in 1848 and actively participated in all the battles and vic- tories of the campaign, which culminated in the capture of the city of Mexico by General Scott. He was severely wound- ed at the battle of Molino dei Rey and was promoted for gal- lantry on the field of battle. After hia return at the close of the “Mexican war he was one of the most promi- nent competitors for the gold box bequeathed by General Jackson to the bravest soldier from this city, and was by many, Including General Scott, held nx being clearly entitled to that invaluable prize. terwards elected to the positign of register of this connt; formed the dution ideident to that office with if fifty. He served in the Volunteer Army fn the late efvil war from 1861 to 1865, and fora portion of the time commanded the First regiment New York Volunteers, and actively participated in all the great battles of the Army of the Potomac: be lt there f fore Resolved, That as a mark of respect for the memory ot the deceased soldier this Common Couneil will attend bis fune- ral in a body, with thelr staves. of office draped in mourning that the flags on the City Hall and the public buildings be displayed at halfmast from sunrise to sunset on the day set apart for solemnizing his funeral rites and ceremonies (Sun. day, May 24), and the masters of vessels in the harbor and public and private buildings in this city are to display their flags at halfmast on sald ‘ther, that agpecial committee of three members o1 inch’ of the Common Council be appointed to perfect the above and make such other arrangements as they may deem best calculated to manifest sorrow for the death and reapect for the memory of the deceased. Alderman Norton, in moving to adopt the preamble and resolution said:—In offering the preambie and resolution, Mr. President, announcing the death of Colonel Garrett Dyckman, I wish to add my own testimony personally to the worth and bravery of the deceased soldier, A braver man than Garrett Dyck- man never existed. He was, when he commenced his military career, in every sense a bg of the ardent youth of our city. He was never known to avoid the most hazardous enterprises, and when occasion offered sought every opportunity to dis- tinguish himself that would ‘be accepted as com- mands with reluctance by more timid ngtures, No better evidence of this need be adduced than the voluntary appearance of Lieutenant General Scott before the committee of the Common Council who were charged with the duty of selecting from among the soldiers from this city engaged in the war with Mexico the bravest as the recipient of a gold box awarded by General Jackson and urging the claim of Major Dyckman to that distinction. In every re- lation he held towards his country and his fellow men he was regarded, and justly, as a model of the good soldier, the faithful and honest public official, the good citizen and the firm friend, and his death leaves a void that can never be filled. The resolution was unanimously adopted, and the President appointed Aldermen Norton, McGrath and Cushman a8 the committee for the Board of Alder- men, after which the Board adjourned. BOARD OF COUNCILMEN. A special meeting of this Board was held this after- noon, Mr. Stacom, the President, in the chair, The resolutions which were adopted by the Board of Aldermen in respect tothe death of Colonel Dyck- man were received and read, Mr. Hartman made a speech in which he recounted the gallant services of Colonel Dyckman in Mexico and in the recent war for the Union. The Board eoncurred with the Aldermen in the adoption of the resolutions, and Messrs. Hartman, Reiily and Turner were appointed a cominittee to act with the committee of the other Board in making arrangements for the funeral, a ANOTHER ACCIDENT ON THE ERIE RAILROAD. One Man Killed and Another Severely In- jured. [From the Evening Telegram of yesterday.) A collision Occurred this morning on the New York and Erte Railroad, by which aman lost his life and another was seriously injured. From the facts, as far as learned, it is ascertained that about quarter past six o'clock this morning the express train from Buffalo ran into a freight train which had switched off the main track at Callicoon. The shock of the collision was so great that four of the cars of the freight train were thrown off the track, the mail and baggage cars were slightly Cay the eee was considerably injured and @ hole knocked in the tank. Two men, whose names are Gt present unknown, aud Who, it 19 said, Were steal- ing @ ride on the cars at the time, were thrown off, one of them was almost instantly killed and the other seriously if not rously hurt. None of the pas- sengers were injured, but were considerably alarmed when the occurrence took place. The cause of the accident ig the old one—a misplaced switch, which was arranged to allow the freight train to leave the main track for the express train from Buffalo. After the switch was made use of it was not replaced, and hence the accident. Those who were travelling on the cars at the time of the accident regard their es- cape as most providential, SUPPOSED FATAL SHOOTING AFFBAY. Arrest of the Perpetrator—Ante-Mortem State ment of the Victim—Other Testimony. Yesterday morning about eleven o'clock Michael Neville, a laborer employed im the distillery at Nos. 102 and 104 Hester street, was shot through the left arm, the ball passing inwards and lodged in the body, by @ pistol in the hands of Michael O'Sullivan, The cause of the shooting did not positively appear, but Is thonght to have been the result of an ol rudge between the parties, O'Sullivan was imme- lately arrested and taken to the station house, while the wounded man was removed to the New York Hospital, where he remains in an exceedingly dangerous condition. Coroner Flynn being notified, proceeded to the hospital and took the ante-mortem statement of Neville and the testimony of two or three other witnesses, copies of which will be found below:— STATEMENT OF MICHAEL NEVILLE. Michael Neville, of 32 Hester street, believing that he was about i» die from the effects of the wound, stated—I was employed at No, 104 Hester street ina United States refinery and distillery; I was standing on the opposite side of the street to the building in conversation with Francis Meady, When we saw an intoxicated man go into the office at 104; we went over to prevent any disturbance; the man now here closed the door of the office through fear; when I opened the door he shot me; I recognize the prisoner as the man who shot me; I never saw him before the time of shooting; I never saw the intoxicated man before either, - 7 IMONY OF FRANCIS MEADY. Francis Meady, being duly sworn, says—-I live at No. 96 Orchard street; | am employed in a distillery at 102 and 104 Hester street; was standing in con- versation with Michael Neville at about eleven o'clock on the morning of May 23; while we stood there a man, whom I have since heard was named Coffee came up tous and said, “Where is the boss?’ Ne- ville replied, “I don’t know;” I asked Coffee, “What is it your business?” he said “There is a man over there doing work and he wanted him discharged;” I then asked him who the man was; he said it was a man named Sullivan; he said he (meaning Sullivan) had done him an injury and he was going to see the boss and prevent his doing any work in that establishment; Neville and myself expostu- lated with him and said it is a bad time, the last day of the week, and you had better come some other time; Coffee then crossed Hester street and turned around the corner of For- syth, and immediately returned; when I saw him returning I remarked to Neville, “He is ticht;”? I then looked across into the office; | then said to Neville, “Let us go and stop the trouble; so we crossed over and asked Coffee not to create any disturbance; as Coffee neared the distillery door he and Suilivan saw each other, when the latter said, “Keep away from me;” Nevill remarked, “We do not want any muss here, 80 go outside,” and tried to push open the door; Sullivan opened his coat and drawing a pistol fired itat Neville, who was wounded in the side; I told officer Place of the occurrence and ac- companied him to the station house with the pris- oner, Officer Place, of the Tenth precinct, testified that he arrested the accused who was running through Forsyth street with a pistol; Sullivan told him that he been attacked by three men and had shot one. THE PRISONER'S STATEMENT. Michael O'Sullivan, the prisoner, says—I was beaten by three men on the 4th of April last or there- abouts; “the beating was in Cherry street; 1 was left senseless on the street; on or about the Sth of May I was attacked by another party; | was informed that $200 had been offered for heating me by a man whose name, | learned, was Jeremiah Coffee; the day before yesterday Mr. Steckle, one of the partners in the distillery, came to my house and left word with my wife that he wanted me to haul some molasses; I went there at eleven o’clock to-day, and met Mr. Steckle at the door of the office; he said to me, “Sul- livan, as a friend I will tell you we have no fault to find with you, but those fellows don’t want to work with you;” at that time three men crossed the street, and T at once recognized Coffee as one of them; Coffee ‘was one of the party who beat me on the 4th of April; Sieckle’s conversation gave me to understand that they were going to beat me, or may be kill me; 1 shouted to Coffee to keep away from me, and went from the sidewalk into the office and attempted to close the door; one of the party who crossed the street attempted to force the door; of this man Thad ne previous knowledge; I shouted to him to stop or I would shoot him; I was trying to keep the door closed against him; the door was about half open; I fired a shot to frighten him; he still continued to force, and I then fired the sec nd shot; he was half way in the door; | ran out gave myself up to the officer. ‘The jury rendered a verdict against the prisoner, and she Coroner committed him to await the result of the injuries. BROOKLYN CITY. UNITED STATES CIRCUIT COURT. The Brooklyn Whiskey Fraude—The Callicott and Alten Case. Before Judges Nelson and Benedict, The United States vs, T. C, Callicott and John S. Allen, ex-Collector and ex-Deputy Collector af the Third Collection District.—This case was resumed yesterday morning, being the eighth day of the pro- ceedings. The first act in the proceedings at the opening of the court was on the part of counsel for the defence, Mr. Jenks, who offered in evidencea letter dated “‘ New York, May 21, 1867—the oficial order to transfer spirits to and from Class A to Class B warehouse—the same being signed by J. E. Mess- more, Deputy Commissioner, and addressed to the defendant Callicott. The letter was marked as having been received by Callicott on the 24th, EXAMINATION OF WITNESSES CONTINUED—TESTIMONY OF ©. TAPPAN. Charles Tappan called for the defence by Mr. Jenks—In May, 1867, was clerk to the Collector of the Third district; had been employed under three different collectors; was in the office at the time of Callicott’s appointment; was Deputy Collector un- der Mr. Pratt when he was in charge; kept the bonds account of the office; in May, 1847, the business was more pressing than on any former occasion on ac- count of the demand made for new bonds, applica- tions for new licenses and on account of the changes in the office; Mr. Allen, the defendant, was deputed in the — of to take the bonds of parties applying for licenses; the duties of the Collector consisted of a general supervision of i office ; the Collector’s time seemed to be principally taken up answering letters and communicating with parties having business in the office; was present when Fletcher presented and swore to the monthly returns; went up to the As- sessor’s office and there saw Fletcher making his distiller’s return; the Assessor refused to receive it; the return was from May 15 to June 16; it was ob- “i toon the ground that the return should be ¢ from May 1 to May 30, and also because that Fletcher at the time was nota distiller; showed the return to Callicott, from which it appeared that on May 24 211 barrels of whiskey had been sold; Fletcher accompanied witness to Callicott’s office upon that occasion; don’t remember any conversation be- tween Callicott and Fletcher on this subject; the certificate of Breed on the Hand bond given to wituess, who testified that he had seen it a few days previous to the seizure of the 211 barrels; must have seen Allen receive bonds of distillers, but cannot specify any exact time; distiliers renew their bonds on the Ist of May ineach year; charges were first preferred against Callicott'In August or September; knew there was dificuity about the Hand bond before that; knew that there was an investigation as to the removai of the two hundred and eleven barrels of whiskey as early a8 June; acted as bond clerk; De Veaw came to the ofice as bond clerk in May; first heard of the Hand bond a few days before De Veaw came to the oflice; handed the bond to the Assistant District At- torney on May Mr. Allen (Assistant District Attor- ney) examined the bond at the time; had the Hand bond in his possession; did not specially examine it; cannot say that the certificate was attached to it; did not notice in whose handwriting — the bond was filled up; the bond was handed to Mr. Allen, but don’t know that I poMied out to him the certificate of Mr. Breed; can’t say whether Mr. Allen made a memorandum of the bond or not; remember Mr. Tracy coming to the office and examining the aren nd ; first saw the bond in Callicott’s hand; I know George Hardy's signa- iness in the office for several months; to his handwriting; did notexamine e Whether it had been filled up accord- Q. Of all the bonds received by Callicott during the month of August, did you ever see Breed’s certificate upon any of them except in the case of the Hand nond? A. Saw the certificate for the first time when I handed the bond to Stagg; don’t know how I came, to notice it on that occasion; Callicott handed it to me to see if it was correctly drawn up; the whiskey in question was stored in Wilson’s place. q. What evidence do you have in the office of a person's right to remove whiskey stored by another man? A. We have no positive evidence; we always require a permit on a request to remove whiskey— that fs in case of transportation. Q. Isit true that Callicott gave the permit on Paper without your ever having passed upon it? A. I think e did. . a ‘And in that particular matter the usual regula- tion of the office was not complied with? A. I think not in respect to that bond. Q. Had Breed any other mode of designating his approval of bonds in the office than by writing oat his certificate? Objected to. Objection sustained. TESTIMONY OF MR. DE VEAW. William de Veaw, the next witness, testified that he was appointed bond clerk under Mr. Cailicott Ma} 20, 1867; made the entries in the bonds of Sword, Bilis and Hand on May 21; could not explain wh; the Hand bowd had been entered out of its date; wi ness had no design in entering it on the date he did than any other; saw Mr. Allen accept # large num- ber of bonds and could swear that he saw him accept the aMdavite of the sureties to distillers’ bonds, 0. Did you ever see hit agcent » bond when ture; he did b could not sw the bond to + ing to law. were not two persons present selves as sureties ? Mr. Stoughton objected, Cross-examined representing them- Objection sustained. Mr. Tracey—Witness had no acquaintance with Mr, IMicott previous to the time he saw him about his appointment; understood that he was to have a place in the office from Mr. James M. Tornine, of Tennessee; cannot tell how the hand bond was entered out of its order; donot remember swearing before the Grand Jury that he did not énter that bond because it was al in New York. (Transportation order was handed to witness, who said that the alteration of the date from the 24th to the 16th was in his handwriting, and that he made it at the request of Dayton the time he made his return of the lading of the whiskey.) remember having said that he had not made the alteration; witness explained how he made the mistake with regard to the alteration in his testimony before the Grand Jury; it was not between witness and Day- ton to execute a set of papers to cover the 21} bar- Tels of spirits; Dayton came to him in AuguBt and asked fora set of blank forms for a transportation bond; know that there never was apy, return ‘‘H’? made at the oftice by Backus for the barrel Q. What business are you in now Mr. De Veau? A. None, thanks to you. Q. What do you mean by that, sir? A. I mean to Say, sir, that Ihave good reason to believe that you prevented my being appointed inspector. The defence here rested, Mr. Tracey referred to the law, section twenty-four, of the act of 1868, and stated that Callicott was responsible for the distillers’ bonds in the office, and that whether they were executed before Mr. Allen or not did not make any difference. That section imposed on the Collector a duty which he could not relieve himself from by assigning it to a deputy, A letter from defendant's letter book, testified to by Joseph G. Ward when he said he carried a letter Som we Ra llacts ios, A. J. Davion requesting his ndance at the,office, was here admitted as evi- dence, It is claimed to fix the date. med Abstracts of a circular letter issued by the Com- missioner of Internal Revenue to Mr. Cailicott, dated May 13, 1867, and received May 15, was here read and admitted. It calls attention to enormous frauds in Callicott’s district and discusses the neces- sity of having them attended to. ‘The evidence was here closed on both sides, The court then adjourned until Monday, at noon, when the arguments of counsel will be submitted. Do not The Case of J. C. Braine, the Alleged Con- federate Pirate. Before Judge Benedict. The United States va, John C, Braine.—In this case an application was made in court some days ago to admit the accused to bail. Judge Benedict reserved opinion, and yesterday morning decided against the application. He said having considered the ap- plication, which was to admit the defendant to bail in a small sum, he had to say that the prosecution is founded on an indictment for murder, Mhe defence ig that the oifence was committed while the criminal was acting as one of the Confederate rebel navy, the offence charged being the murder of an officer of the Chesapeake, a steamer plying at the time between New York and Portland. “The accused has been in confinement many months, and the application now ts to admit hin to ball in a small sum, on the ground that he is unable to procure witnesses to prove in his behalf that he (braine) was acting in the matter of the offence charged under regular Commission. It was not very clear from the aifidavits put in on the part of the defendant how his release on bail would enable him to procure the attendance of witnesses. The court, however, would be inclined to accept bail in a sum that would ensure the defendant's attendance on the trial, but he did not feel justified in admitting a party charged with murder to bail in the small sum named in the application. He would therefore deny the motion, with liberty to renew the application whenever it should be made setting forth an amount of bail to ensure the attendance of the prisoner to take his trial whenever the case might be called on. BROCKLYN INTELLIGENCE, ‘THE PRoroseD CATHOLIC INSTITUTE.—The project for the erection of a large and commodions building, to be known as the Catholic Institute, originated by the members of’ the Catholic Library Association in Brooklyn, is now far matured, Of the estimated cost of the undertaking—$100,000—about $60,000 have already been subscribed by residents of this community, and itis now proposed by the Board of Directors to collect twenty per cent of that amount for the purpose of purchasing the ground. The site chosen Is a very desirable one, being in a very central locality, on the corner of Smith and State streets. The building, which will probably be con- structed this year, will contain a library hall, lecture room and several smaller meeting rooms, while the lower floor will be occupied as stores. The want of some suitable hall of that character has long been experienced in this city among the Catholics, who rejoice at the furtherance of this project. Tue New CATHOLIC COLLEGE.—The breaking of the ground for the foundation of the new Catholic Coltege about to be erected on the block bounded between Lewis and Stuyvesant avenges, will be at- tended with considerable ceremony on Thursday next, the time appointed for the event. The new instisate will be known by the name of “Mary, Queen of the Isles.” Several distinguished clergy- Men and laymen will address the people upon the oceasion, There will be some fine music, and the alfair promises to be one of much eciaé, THE BOARD OF COMMISSIONERS OF THE FIRE DE- PARTMENT.—The Board of Commissioners of Esti- mates and Assessments of the Fire Department, ap- pointed by the Legislature, held its first mecting yesterday morning, Mayor Kalbfeisch in the chair. A resolution was adopted appointing a committee of five to inquire into and report the price and location of houses for engines Nos. 4 and 16, Western District, and hose carriage No. 17. During the meeting the Street Commmisstoner, Mr. Furey, rose to a question of privilege in reference to an article published in the local papers, Which stated that the Mayor and himself had came in contact on Thursday last in that Board. In the article {n question it had been as- serted that the Street Commissioner and the two engineers had laid in together for the purpose of ruling out the Mayor and Comptroller, and that the Street Commissioner — desires the power over the Fire Department to be taken from the Common Council. ‘This he de- nied most emphatically, and also the statement that he had said he would “warm” his Honor and the Comptroller, The difficulty grows out of the manner of issuing the call for the meeting, Mr. Furey, it be- ing charged, having omitted to notify the Mayor, who is President ex-ofticio of the new Board, by virtue of the act, of the meeting on Thursday last. The Mayor favored the execution of the contracts made by the Common Council before the passage of the act creat- ing this Board, and held that all orders passed by the Common Counet) previous to the organization of the Commission, and approved by the Mayer, were valid in law, and said that contracts should be made ac cordingly. The Board adjourned until Monday next. OBSEQUJES OF THE LATE FATHER FAGAN.—The con- gregation of /t. Patrick’s Roman Catholic church, Kent avenue, and a large number of the clergy of the dioceses of Brooklyn and New York, assembled in that edifice to perform the last solemn act of re- spect to the memory of the Rev. Father Fagan, late pastor of that church. The buildin, mourning and gave a wonted air of solemnity and sadness to the occasion in keeping with the feelin of the sorrowing flock who ililed the church. ‘The remains were encased in a handsot oiin, which was raised on a catafaique near the altar. The body of the deceased pastor, which was ar- rayed in the vestments of office, was viewed by the members of the congregation on the evening previons, who crowded the building to take a fare- well look on the well beloved countenance of their pastor, The ceremonies ye lay morning were at- tended by about fifty clergymen, tn Laughlin, Fathers rT. Cassiday, Taffe, Gardiner, Mevonald, Lane and Mesherry. Father Gleason offi ciated as celebrant at the requiem mass, assisted by Father Tatfe as deacon, and Father O'Byrne as sub- deacon. Father Malone delivered a touchin, and eloquent eulogy on the life and noble labors o1 the deceased. The remains were taken to the ceme- tery of the Holy Cross, Flatbush, followed by a long train of carriages, Where they were placed in the re- ceiving vault. THE OFFAL CONTRACT.—It has been resolved by the Special Committee of the Common Council on the Offal Contract to award the contract to Thomas H. Van Brunt, at $600 a month, for one year. The former contract for the removal of dead animals was at the rate of $800 per month, and was held by Francis Swift, A Disnonest EMPLOYE.—A young man, named Patrick Spellman, was arrested yesterday on the complaint of T. BE. Earle, of 76 Third avenue, who charges Spellman with holding stolen property from him while in bis employ as oyster opener to the value of $125. * Founp Drownep.—The body of an unknown colored man was found floating in the river at the foot of Twenty-seventh street, Gowanus. Deceased was about five feet seven inches in height, and had on a biack suit of clothes. The body was taken to the city dead bouse for interment, SeRIOUS SMASH-UP BY A RUNAWAY TgaM.—About three o'clock yesterday afternoon a team of horses attached to @ heavy wagon, the property of John Mathews, of 437 First avenue, New York, took flight in Grand street, E. D., and dashed down to the Grand street ferry, coming in collision with two car- riages belonging to a funeral cortege and utterly destroyingthem. Luckily the inmates and drivers of the carri: escaped injury, but two of the horses were permanently disabled, ‘The injured carriages and horses belonged to Patrick Brennan, of 25 Pitt street, New York, and a Brooklyn livery frm. SuppEN DeatTH.—Captain Opman, of the Twenty- eighth regiment National Guard, died suddenly of apoplexy at his residence in Jounson strect, E. D., on Friday. STREET AccIDENTS.—Edward Rhodes, residing at 88 South First street, BE. D., was accidentally thrown from his wagon in Taylor street yesterday, and sus. tained serious Tnjurien, Theresa Vassar, @& child of three years, whose parents reside at 96 Lorimer E. D., street, was severely injured yesterday by being there | Fam over by a bors aud Wagudy was draped in | 5 NAVAL INTELLIGENCE, Affairs at the Brooklyn Navy Yard. ‘The inactivity which prevailed throughout the va- rious departments of the Brooklyn Navy Yard dur- ing the past winter still characterizes the appear- ance of affairs there, Work onthe Kenosho, which is on the stocks, 1s progressing slowly, about eighty snp carpenters being engas upon that vessel, e ate Colorado still occupies a place in the dry dock, Many of her timbers were found to have rotted so thoroughly as to necessitate their belt taken out and replaced. This work has pore several months, giving employment to a large num- ber of men, Before being floated out of the docl she will be reeoppered and caulked. The United States steamer Don has been put ont of commission, and her officers detached, and the men paid off and Glachanged, french transport is lying at the yard, and Weparations are being made joy esr the monitor a purchased by the French government? to Since Commander Benham has been assigned to duty at this station he has paid considerable atten- tion to the management and discipline of the Navy Yard police, and has recently ascertained that there Was .@ laxity of the latter moat essential element among that body, and that their dutica were not performed in a proper manner, in several instances decided carelessness being evinced, ‘To settle upon. a definite means of remedying and correcting This evil, should it be found to be based upon facts, Commander Benham, under whose control is the police: force in question, determined upon holdin an oficial investigation of the subject. A court of inquiry was therefore organized during the past week, which has been in session three or four da What transpired before the court has not been devel: oped as yet, but it is rumored that some matertal Y in the personnelle of the force will shortly be made, and a few of the offices demed more ornamental than useful will be vacated, The force in question number about ninety men, including two captains and four roundsmen. Their duties consist In guarding unoccupied vessels, examining the passes requi! from strangers and looking after stores in the yard. They are uniformed in accord- ance with the regulations, a blue coat, with brass buttons, pants of the same color, and regulation hat. They carry a locust baton and revolver. Captain John J. Almy entered upon his newly assigned fleld of duty on the 15th inst., relieving Captain Mullaney, as chief of the ordnance depart- ment of the Navy Yard. Captain Almy has been in the service thirty-nine years, twenty-five of which he has spent at sea, His jast cruise was as commander of the Juniata, jon the South American station, in 1866 and 1867. Recent advices from Batavia, Island of Java, state that the United States sloop-of-war Maumee, Lieuten- ant Commander Cushing, was in that harbor Febru- ary 10, and would sail ina few days to join the Asi- atic squadron, to which the Maumee is to be at- tached. All well on board, Recruiting for the navy is not very bri-k at present, Seamen and ordinary seamen are not scarce, but the department being onan economical sc feel Justi- fled in declining to enlist many applicants, ‘There are about four hundred sahora ‘on the receiv: ing ship Vermont waiting to be transferred to sea- going vessels. = NEW JERSEY Jersey City. A POLIEMAN FIRED AT.—Sergeant Thompson, of the Metropolitan Police, was on duty in the police barge with three other omcers on Friday night, and when approaching the Erie dock a shot was fired, the bul- let’ striking Thompson's clothes, but inficting no bodily injury. The officers rowed at once to shore and seized two men named Nelligan and Ladd, the latter of whom they conveyed to the Jersey City Police station. Yesterday morning the case was brought before the Recorder and the prisoner was discharged for want of evidence. Nelligan after- wards had Thompson arrested and held to bail on the charge of threatening to shoot him, A Fata Accrpenr occurred on the Erie railroad yesterday morning near Paterson, where three boys were running across the track. One of the boys was struck in the head and hurled into the river, The body was carried down with the current. minunipa Ww. Tue Srock Yarps.—Durimg the past week there arrived at the stock yards 278 cars containing 2,016 cattle, 11,900 hogs, 9,686 sheep and 428 horses. Newark. THE PRoPoseD UNION QF CHURCHES.—The me- morial signed by mine Episcopal clergymen of this city, recently forwarded to the Methodist Episcopal Conference, held at Chicago, asking that body to appoint a commission of bishops and other clergy to confer with a similar commission from the Episcopal Church on the subject of organic union between the two churches, is creating much interest among re- ligious circles in this city. The paper is the more remarkable as the signers represent various opinions as to ritualistic forms. Much anxiety is felt as to what action will be taken in the matter at Uhicago. THE FENIANS LOOKING Up.—The members of the Fenian organization have been making quite a stir In this city recently. On Friday evening Major Mc- Williams, of General Speer'’s staff, addressed a most enthusiastic meeting, explaining the aims and objects of Fenianism, Subsequent to the Major's re- marks the formation of a circle took place. The in- itiatory steps to ‘organize a military company were also taken, Ruinors are in circulation that the milt- tary companies of the organization have been ordered to prepare for military inspection by the State Centre and General O'Neill some day in the first week of June. SERIOUS AFFRAY IN A BREWERY.—Yesterday fore- noom a man named David Deignan, a resident of Commerce street, appeared before Judge Bigelow, at the Mercantile Court, and prayed that a warrant might be issued for the arrest of two men named Peter Dillon and Edward McManus. The poor fellow presented a shocking appearance from an ugly cut over the Crag eye and several severe wounds on the scalp, which was covered with plaster. He stated that he worked fn Ballantine’s brewery, and that a dispute arose between himself and the men already named, his fellow workmen. Blows followed words, and finally, as alleged, the poor fellow was knocked down and kicked and beaten in a most brutal man- ner. His prayer was granved and the warrant duly issued, Essex County Court.—In the Special Sessions yesterday sentence was passed on thirty-four pri- soners, who were found guilty of various offences during the present term of court. The highest sen- tence was that of James Cruden, a receiver of stolen goods, who got four years in the State Prison. Tuer? ov HARNESS.—The premises of Mr. Henry Meeker, at Waverly, were broken into early yester- day morning and a valuable double set of silver mounted harness carried off, CHAMBER OF COMMERCE. ‘The members of the Chamber assembd yesterday afternoon in special session for the purpose of e! ing a Pilot Commissioner in place of George W. Blunt, whose term of office expires to-day. Mr. Blunt recelved a unanimous re-election, after which Mr. A. A. Low, chairman of the Executtve Commit- tee, stated to the Chamber that none of the members of the Executive Committee were desirous of attend- ing the convention to be held at Philadelphia for the purpose of forming a national board of trade, and he reported in favor of appointing three delegates to attend the convention, and suggested that the Prest- de nt be chairman of the delegation, The report was accepted, and Messr&. W. E. Dodge, H. Walbridge and 3. B. Ruggles were appointed delegates. The arrival of the Chinese Embassy was referred to by Mr. Opdyke, who suggested that the Chamber should take somefofticial notice of the presence of the delegates. Mr. F. A. Conkling then offered the following resolution: — The {Chamber of Commerce having been in ‘ arrival in this city of an Embassy from thy Chinese Empire to the Treaty Powers, and deeming it due alike to them and to ourselves thas they be received and tres ated verte a Teak pront earetre enact to wo ctions of the world #0 eminently entitle them; therefore be tt, + cneen mombers be ap- informed of the Resolved, ‘That a committee t to walt upon and welcome the Em- Cee ae rreitent ment the chamber of Commerce at best galt their Soe saeoinied ‘The following named gentlemen were appointed a committee tn mecordance with the resolution: — F. A. Conkli A. A. Low, John ©, Green, R. W. Weason, D. Oliphant, A. T. Stewart, M. H. Grinnell, James Brown, Peter Cooper, Wuliam F. Cary, William H. Aspinwall, Walter 5 Cag John A. Stevens, jew! A oe ec Chamber were added to the Moers of th ecmenines after which the meeting adjourned. FOREIGN SCIENTIFIC ITEMS. At a late meeting of the British Royal Society the following papers were read:—‘‘Observations on the Development, of the Semilunar Valves of the Aorta Pulmonary Artery of the Heart of the Chick,’’ in the Specitic Heat of Mixtures of Aicohol and Water,” “On the Phenomena observed to attend the ropulsion of Lymph from one of the Lymphatic Hearts into @ Vein” and ‘Researches on Sour Phy- sics, Heliographical Positions and Areas of Sunspots, observed with the Kew Photobeliograph during 1862 and 1968," ‘The paper read at the last meeting of the Society of Arts, London, was “On the Progress of Oyster Cul- ture during 1867. Fila At the late meeting of the Society of Antiquarians, London, the followin curiosities were exhibited:—A curious MS. Book of flours, with genealolegical mar- inalia in the calendar; the cast of a fint Implement foundat Tiles!, Naples, and some specimens of Ort. ental ware, especially a jamp made for the mosque of Omar at Jerusalem tn 1549. a eeeeneanas te During the last meeting of the Anthr« e ad ciety of London, a paper was sead on the “Paycho- logical Unity of Mankind,” tracing a common or! for ali races of mankind, and that the existing diter a ences merely represent successive stages of devel opment, uch time and pace as ma