The New York Herald Newspaper, July 2, 1868, Page 8

ce NEW YORK CITY. WUTED STATES DISTRICT COURT. Motion to Vacate an Attachment—The Stephen- eon Great Cotton Case. Before Judge Blatchford. The United States vs, Vernon K. Stephenson.—In ‘his case counsel moved that the attachment which had been issued against the property of the defend- ant eighteen months ago should be vacated and the Wefendant relieved and his property restored to him, The, case was now before the court term after term and defendant's counsel repeatedly moved that it should be brought up for trial, but the District Attorney refused to give his consent, It was brought into court on the testimony of an informer, who would get half the proceeds of the sale of this property, amounting to more than half a million of @ollars''as his share, should the case be decided adverse to the defendant. The judge observed that the case was the cause of the United States ayainst Stephenson, and he had nothing to do in the matter of an informer or any other party out- side the litigants named, Counsel proceeded to read affidavits in support of his motion, and said that one Hawking, a party interested in the suit, had con- sented not to proceed further in the case, and would have no objection to have it dismissed. In the aml. davit of the defendant he denied ever having held cotton of the Southern States. A year ago the mo- tion for trial or to vacate the attachment was refused in consequence of a witness, the informer, not being here, and it was supposed the action was then aban- d@oned; but the allegation was chauged, and his client Was accused in another form of having a large quan- tity of cotton from the South, the property of the United States. Mr. S. G. Courtney said that a similar motion had been already made and de- nied by the Court. ‘The case had been put on the calendar but could not be reached. It was again put on the calendar and set down for hearing during the June term, but from the large eriminal calendar to. be disposed of it could not be reached. He denied the right of the defendant to bring the motion forward, which he charged was pede in contempt of court. On aformer occasion @ Court said that this motion should not be ganied. He, on the part of the government, was jesirous that the case should go to trial in the last term, but it would be borne in mind that the Court ‘was occupied every day in hearing criminal cases, and as this case if brought to trial would take four er five days it was quite plain that it could not be brought up, He denied having done anything to postpone the trial of this case, The government was Sextus that it should be tried, and he was desirous ef. bringing it to trial ina grave and peaceful man- mer when ready for trial. He submitted that the motion should be refused. Judge Blatchford took the papers and reserved his decision. SUPREME COURT—SPECIAL TERM. The Pacific Mail Alleged Perjury Case—Con- tinuation of Testimony. Before Judge Cardozo. William Moser vs, James A. Polhamus, Eugene J. Jackson and O’Brien, Sherif.—This suit, which is ‘brought to set aside a judgment obtained by the two iret named defendants against plaintiff on an alleged ‘transaction in Pacific Mail stock, amounting to about $130,000, and which has been previously reported in the HERALD, was resumed yesterday. Charles Mallison, the person who made the joint amMdavit with William E. Britton, was the first wit- ness called, and testified to facts which in the main features were embraced in the testimony of Britton taken yesterday and alseady published. On his cross-examination witness testified—I was arrested about a year ago for procuring a whiskey bond for a friend of mine named Barber; there were two bondsmen on one bond; I think the amount of the bond was $30,000; 1 could not get bail for myself; I could get bonds for Barber in $30,000 each; one of the bondsmen was Hubbell and the other was Elliot; Hubbell lived in Fulton avenue, Brookiyn; Eltiot was employed. in Mercer street; Bar- ber was only a casual acquaintance of mine; I cannot say whether I was indicted; I gave bail in $10,000; a Mr. Van Voorst was my bondsman; I knew Van ‘Voorst; on the Saturday 1 was so frightened at the rospect of my arrest in co} uence of this affidavit made; | would sooner have died than have asked ‘Van Voorst to go my ball again or any man in the world; Raphae! told ine that detectives were follow- Ing me; he told me all that | had done on that Satur- y place that I had been; a detective and left a slip of paper with his bame on it, and appointing an inter- Hew at Mr. Stoughton’s office with Mr. Britton; the detective said he came from Mr, Stoughton’s o Mice; ember the name of the detective; I went e to see him about Russell File Compa- ny’s stock; there was no transaction effected; I do not know it Russell File Company's stock was; | belleve the company has since burst ups T was, only “dickering” with Rea about that stock; Pol- hamus & Jackson had an office in the same building; J overheard a conversation there about Pacific Mail siock; [heard Jackson say to Rea that he knew he could not hold him (Rea), but he wanted him to bring in Moser and make him a party; they could recover from Moser, and he (Jackson) would make it worth while for Kea to do so; I understood this conversation was a proposition to give false tes- timony against Moser; | cannot say that it shocked my sensibilities much; I did not know the merits of the question and thought it was merely a business transaction, I had not the same confidence in him afierwards; I could not tell a single feature about the person who passed out and who had been in con- versation with Rea, except that he was about the height of Mr. Jackson; | asked Rea afterwards how that matter between him and Jackson was and he said it was all right; I never told Rea I had ov heard this conversation until last April; [ told Brit- ton, but no one else, before that time; at the interview with Rea a week or two. after the conversation was overheard [ told hin that we had overheard the conversation and asked him how the matter was between hii and Jackson, and he said, “All right; the affidavit I swore to before a notary in Wail street was drawn up either by myself or Britton, I don’t Know which; the secona one was copied by some one Drought to me by Kea; Kea made no indu me to make the second affidavit; the fact thatit might be a matter of justice to Moser had nothing to do with it. (Mr Brady here read the witness’ and Britton’s joint amMdavit denying the facts set forth in a former afti- davit made by them, and witness replied that U contradictions were correct ‘and true.) 1 al quainted with Kimball, Carroll & Potter; T hay brokerage dealings with them and with Britton we Lave never endorsed paper for each Other for specn- Jation; some years ago Brition. ‘On the re-direct witness identified the paper left by the detective at his (witness’) house; before | ened this afidavit I was told I was indicted over ta Brookly, and that whichever way | went the indict- ment would go; | was told that Jackson had the Indictment in his pocket, Re-cross-examined—This conversation about the indiwtment took place in Vesey street vetween Jack+ son and myself; 1 may have mentioned this conver sation to ocher parties before to-day | am sure I told Britton of it, Edmund Kimball was called as the next witness, and being sworn testified that he resided at No. 14 Scuermerhorn street, Brooklyn, and had been tu the shipping business in this city; 1 was a witness in the endorsed paper, I think, for case of Polhamius & Jackson vs. Moser (papers produced); 1 signed this paper, the first” afi. davit, made by me on the second of June; J saw the paper for the first (ime at Mr. Sand ford’s office, after the aifidayit was drawn: Mr. Mallison called at my house and said My. Raphael wished to wee me next morning; 1 went and was told by Raphael that Mallison and Britton jad made counter affidavits, stating that they had never overheard these conversations: T told him the iH did take place as | Nad testified toy he said it must have been between some other man besides Jackson, and Wished me io make a counter aMdavit to that effect; he said Jackson had detectives after us all vek and Would arrest us on account of that it; he then asked me to go to Sandford's office and make a counter afidavit, and T said | would go there, and if le was satisfied the first adidavit was not correct 1 wonld do it; | then went to Sand ford’s office and was introduced to Jackson; Raphact kaid the papers to arrest as were made out we Would be arrested if we dil not take the alas vits; Jackson told me he did nol lave the conversa tion, and [told him Twas certain | heard it: ie yl nied band said the conversation was not bet dum and Kea; | told him thea i would make e conversation Was hot betwee ten; after @ few moments thts amtidayit ¥ brought and | signed it (o keep from being arrested Carroll Was not with me then: the affidavit wits read to me and | signed it: the notary who swore Ine was ald he had detectives wenty men and two women; he sald one of (he man, followed me to chureh the Sunday before and satin the sewt be bind me: Jackson said he bad poiitiea! infucuee and money power lo protect from all harm: he said this at Sandford'’s ofMlce; 1 made “ite aMidavit believing what he told ime was trae, that sworn before the referee that he was uot in the versation, and then Tt erson; | objected to a statement in had never heard any such Convers son explained if by saying it re fentity of the parties: what | testid in regard to that conversation ¥ me; Jackson Wanted me to say Jast affidavit, and not to go ne Mr. Rea; { have never tl Moser (paper produced); swore jo another alticn 1 swore to the aimdavit « would be arrested; 1 made because | thought the f I knew, and } went ¢ asked Santor for it; the ans itup;: T then swore diford and Carrol! | want first one; he took it and had no information that personated Jackson in the this afidavit, or that it was a trick ¢ 1 tement of Jackson; w «1 the first one wou peoliect that ir 1 ont stricken out. At the close of the direct examinat roee-examined the witness at great le at Sandiord's 0: Joliowing us; he sa lieved TE was mistaken i ty amidavit that on, and Jack rred only to the to ou the < not dtetated to hing about this conversatic arly iting gts el facts which it Would be tedigus to recapitulate, bul aud | NEW YORK: HERALD, THURSDAY, JULY 2, 1868—TRIPLE ‘SHEET. which are considerod as materially Important to the defence and damaging the witness, to the-previous testimony of George D. Qarroll was then called and testified that he resided in West Nineteenth street; until three months and since 1863 had been in the stock business, but is not at present engaged in any business, After some further testimo: to hi former occupations, &c., witness said:—Mr. Jackson Spoke to me yesterday daring the recess of the court and said it was a great on that I should have Made the affidavit which I gave to Mr. Stoughton; he said it would be all the worse for me; I said! was going to do my duty, that 1 had received all the threats and intimidations that could be offered and they did not frignten me; in an interview with Kimball the latter safd to him they had all gor themselves in a Very bad scrape’ about the evidence given in the suit of Polhamus & Jackson against. Moser; that Pe had made three different afMidavits, and that the papers were all made out, and we were liable to arrest at any mo- ment unless I would do as the others had done by making a counter afiidavit; 1 went to Mr, Raphael’s ofice and asked him how he had got into this mat- ter, upon which Raphael showed me a paper with the names of Britton, Mallison, Potter, Kimball and Carroll on it, and Jackson remarked to Raphael, ‘I am going to send all those men to the State Prison; Raphael told me that Jackson was powerful, politi- cally and financially, and would do what he said, and that the only way I could save myself was to make a counter aMdavit as the others had done; I went to Mr. Sandford’s office and asked to see the three con- ficting affidavits made by Kea and Mr. Kimball's amidavit; I was astounded at Kimball’s affidavit and asked him how he could make such an afiidavit, saying also, “You, Kimball, have a right to swear yourself away, but you have no right to swear for me;” Kimball said there was no other way for me to save myself; by this time the sweat began to pour off me aud I signed the affidavit now produced, but before signing it I told Kimball that I would rather cut oy arm off than to sign it; I told Sandford I did not like to sign it and he shrugged ‘is shoulders and said, ‘Do as you please;” I asked Mr. Sandford after signing it what position that placed me in with 1 to perjury and he replied ‘that he was not a criminal lawyer and could give me no indemnity or information on the subject; after we left Raphael promised me that the whole affair should be kept a profound secret; the statement in my affidavit of June 3, to the effect that I never heard the conyersation referred to as_having taken place between Jackson and Rea is not true. (Mr. Stoughton here read the ailfi- davit, taking up each of the allegations and asking witness specifically as to the truth or falsehood of each, and the witness replied to each Py eee that the averments were not true, On June 6 1 made another affidavit; I had been previous- ly to Mr, Sandford’s office and had tola Mr. More- house, the notary, that my afidavit was wrong and did me great injustice; I Knew that I had sworn my- self away so far as anything I had formerly testified to was concerned; that the affidavit of June 3 was so outrageous and gross a fraud upon myself that they did me injustice, and that, therefore, I wanted to get it back; at the court house I told Mr. Sandford that if the first affidavit was read in court, and I should be called again to testify, I should testify that it was bor per that I had sworn to it under-compulsion and fear. The witness gave some further testimony and the direct examination was closed. ‘The cross-examina- tion will be commenced this morning. The court, at Ces o'clock, adjourned until half-past nine this morn: For plaintitt ex-Judge Edwards, Pierrepont and F. W. Stoughton; for the defendants James I. Brady and Mr. Sandfor CWfY INTELLIGENCE. THE WEATHER YESTERDAY.—The following is a record of the temperature for the past twenty-four hours, as indicated by the thermometer at Hudnut’s Pharmacy, 218 Broadway, HERALD Building:— +. 170 3PM. + 83 m2 6P. 80 73 9OP.M. ~ 16 78 12P.M. Average temperature........ Average temperature Tuesday SERIOUS FiauT IN ROSE STREET. o’clock yesterday afternoon a fight occurred between the inmates of the house No. 24 Rose street, when Mary Kohehofer was severely injured from a blow she recetved on the head with a pitcher in the hands of a woman named Mary Murray. The wound may prove fatal. Both parties were arrested. MorE RooM FOR THE ROLICE.—On Tuesday last the buildings No. 303 Mott street and No. 302 Mul- berry street were taken possession of by workmen, who immediately commenced tearing down the old structures, the sites of which are to be occupied by the new additions to be made to the building known as police headquarters. The powers that be, located in the Mulberry street white house, say they have not at present enough room for the proper transac- Uon of the business of the police department. SoIcIDE BY HANGING.—Coroner Schirmer yester- terday held an inquest at No. 31 Clinton street on the body of Mrs. Sophia Louisa Gneitung, a German woman, forty-eight years of age, who committed suicide by hanging herself in her room while labor- ing under temporary aberration of mind. Ill health. Was the cause which prompted deceased to take her own life. Suppen Deatus.—Yesterday forenoon a man, whose name is unknown, entered the restaurant of the Sinclair Honpse, Broadway, near Eighth street, and called for refreshments. While being waited upon he was taken avian ill, and, failing from his Seat to the floor, expired a few moments afterward. A Mr. Hall yesterday died very suddenly at No, 676 Eighth avenue. Coroner Collins was notified to hold inquests in both cases. KILLED BY FALLING FROM WINDOWS.—About two o'clock yesterday morning 4 man nemed Peter Berg fell from a third story rear window of premises No. 36 Eldridge street to the ground and was so terribly injured that death ensued soon afterwards. Coroner Schirmer was notified to hold an inquest on the body. Thomas McKeever, a child three years of age, fell from the fourth story window of house 446 West ‘Twenty-eighth street, at eight o'clock yesterday morning, to the pavement, and striking upon his head was almost instantly killed, An inquest will be heid on the body by Coroner Schirmer, who was notified. ARRIVAL OF THE Paral BULLS.—Among the passen- gers by the City of London, which arrived at this port on Sunday, was the Rev. Mr. Van Dyke, a Catholic clergyman, who brings with him from Rome the Papal bulis for the consecration of the various bishops appotnted by his Holiness to fill the new sees which were suggested by the recent national council held at Baltimore in the autumn of 1806, the acts of which have been approved by Pius [X.’ Among the | number of distinguished divines now to be added to the Catholic hierarchy of America the Right Rev. B. J. MeQuaid, late President of the Seton Hall College, Js the onlyone whose consecration will take place iu New York. The ceremonies connected with his elevation to the new see of Rochester will take place in about two weeks at St. Patrick's Cathedral, and It isexpected that all the suffragan bishops of the archdiocese will be present. Tue Roman CaTHoLic CHURCH OF St. ANN. annual exhibition of the literary societies and day schools connected with the Church of St. von took place on Tuesday evening, at the hall of the Cooper Union, which was crowded with an appre- ciative audience. ‘The various dramatic perforim- ances were rendered in a most praiseworthy mau ner, and proved a fair exhibit of the painstaking labors of the Rey. Father Preston, At the distribu- Fourth District Poltee Court, within whose distriet are most of those places of summer resort, has evinced @ determination to punish, to the fullest extent of the law, all such o1 inst Gegency who are brought before him. Yeaserday ne fined an compelled to find ball for wior for six months three young men, giving their names as Wil- liam C, Boerum, Louis Berrian and Henry Hawk, complained of disorderly conduct in the manner stated at the Central Park Garden, ATTEMPTED MURDER.—On Tuesday night a mulatto named John Gripon called at the residence of Sarah V. Green, No. 79 Laurens street, with whom he had formerly lived, and insisted that she should again ac- cept him as her husband, Sarah, who is alsocolored, refused to have anything to do with him, when draw- ing @ knife, he threatened her life unless she con- sented, Failing to intimidate her he plunged the knife four times into the ding of her dress with- out reaching the flesh. next point of attack was the . A severe wound was inflicted upon the forehead, a deep cut upon the neck anda ea one upon the hand before assistance arrived. ‘he as- sailant was taken into custody by officer Hudson, of the Eighth precinct. He was arraigned at the Jeffer- son Market yestet a admitted having committed a felonious assault, and was committed for trial. THE WAR ON LOTTERY DEALERS—FRANCE AND Siro HeLp To Batt.—Willlam ©. France and James Smith, who stand charged in connection with ex-Alderman Charles McBrien, Peter and John Mc- Intyre and James McGill (previously arrested), on complaint of Adam Roediger, of: 540 West Forty- seventh street, with violating the lottery laws of the State of New York, yesterday appeared before Jus- tice Dowling, at the Tombs, and gave bail in the sum of $2,000 each to await the result of an examina- tion. Mendel Jacobs, of No. 6 Baxter street, became bondman for Smith, and John Gillespie, living at 140 Madison street, rendered a similar service for France. Auithe pees acta eLy. cous jained of have been a and are under bail. Both France and Smith are said to be residents of Cincinnati, Ohio. RECAPTURE OF EscarED BurGLars.—Jonathan Whitehead, a boy aged nineteen years, who was arrested on the charge of committing a burglary at Mrs. Moncrief’s, West Sixteenth street, on the night of June 1, broke out of the Sixteenth precinct sta- tion, On the 17th ult. he was arrested by officer Hagen, of the Twenty-ninth precinct, on the charge of robbing the residence of Mr. Wheeler, No, 148 Fifth avenue. The night of the 18th he broke out of this station house also. Yesterday morning, at one o'clock, officers Hogen and Crowley captured him in bed at the Putman Sounty House. Michael Cava- naugh, alias Kelly, au alleged accomplice in the rob- bery at Wheeler's, was also arrested a few days ago. He too has successfully broken jail, but is now safely in custody. Kelly and Whitehead were arraigned at the Jefferson Market ana 0 after- noon, when Thomas Condon, coachman. for Mr. Wheeler, filed a complaint charging that on the night of the 17th June an entrance was effected to Mr. Wheeler's residence by forcing open a basement door, and wearing apparel and other property of the value of $100 was stolen. They were caught in the house with tne property in their possession. The prisoners were committed for trial. Mrs. Mon- erief also filed a charge of burglary inst White- head and the larceny of property worth $1,500, TERRIBLE ASSAULT ON A GERMAN WOMAN.—A ter- rible affray occurred in the tenement house 24 Rose” street, yesterday afternoon, vetween Patrick Murphy and his wife Mary on one side, and Mary Kohlhofer, a German woman, onthe other. It is alleged by Mrs. Koblhofer that Murphy and his wife, without provo- cation, assaulted her with a heavy earthen pitcher, striking her several powerful blows on the head and face, inflicting terrible wounds, The poor woman was Knocked down by the force of the blows, after wnich the assailants jumped upon her with their boots and soon reduced her to a state of insensibility. Franz Kohlhoter, her husband, hearing the cries of his wife, ran to her assistance, when he was knocked down and badly beaten, The alarm being given, officers Nealis and Ciark, of the Fourth precinct, ran to the house and arrested Murphy and his wife and took them to the Tombs, where Kohihofer made complaint, and Justice Hogan committed them to the Tombs. Dr. Waterman, police surgeon, called and’ dressed the wounds of Mra. Kohthofer, which he reported as very serious. Surgeon Water- man thinks it quite probable the skull of his patient is fractured and he entertains serious fears: concern- ing her recovery. The accused parties will be held to await the result of Mrs. Kohlhofer’s injuries, The Coroner will be notified to take her ante-mortem statement, THE BUTCHERS D THE BOARD OF HEALTH. Ruling of the Court of Appeals, The following very important opinion has just been rendered by the Court of Appeals. Its immediate effect will be, of course, to put an end to slaughter- ing and cattle driving in the city; but it will be per- ceived that the decision establishes principles of much broader application even than this. In brief, the court decides that the creation of the Metropoli- tan Board of Health was a constitutional exercise of legislative power; that the Board may pass and enforce by actions for penalties general ordinances on the subject of health, and that when the Board makes an order for the abatement of any nuisance or the removal of anything which is in {ts opinion detrimental to health there is no right to review this decision by a jury trial or to Interfere with its en forcement, by injunction, The only course ts by cer-- tiorari. Four cages of Jacob Hustis against the Board of Health wexe submitted to the General Term of the Supreme Court in the First Judicial district by the parties under the code, for the purpose of procuring decisions upon questions that had arisen between them and which are also involved in several other pending suits, Jn case No. 1 the Board claims to recover the pen- alty wee by the statute against one who has vio- «l 118 0 ‘The defendant, when the order was dle, W: rt in the business pur- suit of “slaughtering cattle at his slaughter house, No, 95 Fourth street, in the cliy of New York, which said slaughter house was in the densely populated ortions of said city and was upon @ paved street.” ¢ Board of Health, the plaintiff, on said day, as contemplated by the frst sub-division of section 14 of the Metropolitan Health law (chapter 74 of the laws of 1566), took and filed among its record what (the same being written evidence) the inti? regarded as sufticient proof to authorize its ration that the same (the using of said slaughter use for std pursuit) was dangerous to health and Was also 4 pablic nulisance.’’ Said proof consisted of statements of competent ons under oath that said business endangered the health of the people of the vicinity, was offensive to their senses and rendered their lives uncomfortable, aud of facts sustaining such statements, The Board thereupon ordered suid business to be discontinued and said nuisance to be abated, but directed that the order should not be executed till the same had been served on the defendant, and he had been afforded an op- portunity to be li ‘This order was duiy served and it is admitted that the defend- have applica for and have had opportunity and hearing contemplated in said but did’ not at any Lime apply for the same, or omittec than thr but tin jo do; that the plaintir waited mor 3S a8 provided by law, after such service and ty ‘@ commenel the exe- cution of said order. i thereafter ®. final order ne emade by the Board, which ts set pa the police were directed to their order and the execution of the was duly commenced, aud alt the doings ant order of said in the premises tion of wreaths and premiums to the pupils of either sex, We were pleased to see a fair sprinkling of colored children step forward among the successful ones, and, upon inquiry, we were glad to learn that quite a number of colored juveniles are to be found on Sundays at their post in sehool, In this connection we would ask our Roman Cathoile brethren whether asmall hall or chapel in the west part of the city could not be easily filled with the many, very many colored children who belong to their Ch matter of Sunday instruction are her left ont in the dark, ts it ape INTELLIGENCE, Al Learn BURGLARY,—Dantel Murphy, of 21 Wes Twenty-eighth street, was yesterday ket for trial on the charge of ng the store of Dennis Bariy committed at the Jeverson M | wlariousty ente Sevenih avenue, DANGEROUS ASSAULT. —Alfved Dietz Was yesterday committed by Judge Connolly, of the Fourth District Police Court, t alt the result of an assault which he ts alleged to have committed on Francis Walker. ‘The two gol into a diiculty at Jones’ Wood, where Dietz, it is alleged, beat Walker over the head with a stone pitcher. Walker was uuable to appear in court, atid lis injuries are said to be of a very serious | character, | Plekrocker ar THe ScHeUTZENFRST.— Vigilant de- ctives seems to lave frightened the fraternity of pickpockets from operating very largely at the | Schentzenfest festivities, While there were three ar rests on the opening day there waa only one arrest ‘on the second day, ‘This last operator, Who gave his nave as Jolin Palen, was committed to prison yes terday by Judge Connolly, of the Fourth Districé Po: live Court. Vovaue o CALIFORNIA SPOILED. —Joln Quirk, & young man who, ouly elit days age, married a ng woman through complaint of bastardy pre J against him, vered yesterday var was | ferr | wire wor te an as his intended compagnon du voyage to Cal cuused his arrest and arraignment be: Mansfield, of the Essex Market Pe resulted in @ temporary estoppel at " " On his proposed trip to the land of g PROPANE AND INDECENT LANGBAGE BEFORE In nearly all our suburvan places of re for pleasant reoredtion there are most always to be some young mei who detract from the general yinent by thelr profanity and grossnese of taik ip the presence of Mages, Judge Conpolly, of tue » board the steamer Arizona, with another | | h, bat who | ag its archives, as the law provides. The submission to the court below was formaily | made by both part) The defendant's theory was | ned, aud Judgment ordered in his favor, and an appeal has been taken to this court by the plain! if, That of No. 2 is to recover a penalty for violating the ordinances of the Board of Health relative to slaughtering cattle in the city. ‘The case is different from No. 1 in this, thet that’ related to the power of the Board to make speck orders on notice aud o portunity of hearing, Which May be speeifieally en forced, Hut No. 2 relates to ils power fo pass general ordinances which only tavelve the: lebility to pay a penalty of 850, and are not now at tempted to | be reed otherwise than in civil proceedings, loading facts are:—That the ordinance in question prohibited the driving and the ntering of catie in the city of New Youk south nh st of Forti et, and the defendant wag slaughter. tug at No. Fourth street, oa a paved street, south of Fortleth street. The defendant ‘carried on his business in the ordinary manner. That one party ciaims the business is dan: gerous fo fife, and the other denies it. ‘That the premises where the slaughtering was done are ia a thickly settied portion of the olty, on a aved sireet, and that there are suMicient facilities for siaughtering animais at places in the city above Fortieth street. That the business of siaughtering and driving animals in the elty impairs re enjoyment of life on the part of large numbers of it more AiMcult than it need be to prevent bad meat being sold, causes large amounts of blood and offal to go into the sewers, Ac., $0 that unheaithy exhala- tions are generated, &c,, and that on trial the opinic of a large number of the leading physiclans of the city were read in evidence to the effect that slaughtering was dangerous to health, &c., while only one medical opinion was offered to the contrary. On the basis of such facts the Board of Health ex cised ite discretionary power of passing the ordi nance in question, and it is admitted to have been duly publishea according to law. It is then admit. - be 4 the defendant vioiated the said ordinance o ne Metropolitan Board of Health on two several days—viz, on the 12th and on the 23d of August, 1867—and one of the questions is whether a penaity can be recovered for each of the two days it was violated or for only one, penalty for both being claimed. A formal submission of the case le by the ics, A decision was made and an the former case. under ir ordinance to the ou like facts in several partionlars; , like that, a h Board to ating th J isan v rd from ent ordinance preventing the d Fortieth street. This case relates solely to driving aud No, 2 solely to siaughtering., The former i# by the Board for & penaity for slaughter- ing; this by the butcher f inyunction against the Board preventing driving cattle from Fortieth street ‘ople, makes | ssani pe in Youle street. The decision was in 7 = @ plaintiff and the defeudante appeal to Court then goes on to quote atelaborate lenath the gol one and the ay HH nted wen, tend directly or justrate the cages, and thus concludes its j it:—That the joule are ry ie enki aa ona the streets rq c jew Yor delegate tious of ts authority to the local Y ‘ana such measure, from and under suc! as are deemed proper, has been sroquensip (Dollington vs. the Mayor, 31, N. Y. R., 1 menplp vs, Curran Kern, 27, N. Y. R., 188.) Rho edema of the General Term in each case should be reversed and {ndgment ordered for the appellants, and in No, 2 judgment should be entered for the two penalties demanded in the action. ? THE RIVINGTON STREET AFFRAY. Verdict of Justifiable Homicide. An inquest was held before Coroner Flynn, at the Tenth precinct station, yesterday morning, on the body of Peter Tracey, the keeper of the Uquor and billiard saloon 199 Bowery, who was shot dead on Tuesday evening in the restaurant No. 3 Rivington street. Dr. Thomas Knot testified to having made a post- mortem examination of the body, stating that a pistol shot wound was found apout an inch to the right of the median line and an inch and a half from the top of the breast bone; the ball entered the right auricle of the heart and passed out at the left, lodg- ing in the backbone. nis Parisette sworn—I live at No.3 Rivington street; was there at hatf-past five P, M. onthe 30th of June; was behind the bar and acting as cashier for Mrs. Oeser; the prisoner, - Emil Swinzmann, came a to the to pay for his supper; when he had done so the de- ceased, Peter Tracey, who was sitting at a table, used very abusive language towards Swinzmann; Swinzmann replied, ‘I have not got anything to do with you; I don’t know you,” and went out; prisoner then Went out and came back again; he went a few steps in front of the house; camein again right away and came up to the bar; deceased rose from his chair and went right up to him and tried to get hold of Swinzmann; Swinzmann went backward as if to get away; he went into the entry and towards the back door; deceased was in front of him; Swinzmann drew a pistol then and said, ‘Keep away, or I will shoot you; he repeated the warning twice, I am sure, and {think three times; deceased did not de- sist, but caught hold of Swinzmann and threw him on the stairs; deceased was on the top of prisoner; Swinzmann then fired twice; they both got up, an deceased stepped about three steps from the stairs; after the second shot prisoner came up to the bar as if to tell me something, but did not have time before the deceased assault him again. Martin Schweigert sworn—I live at No. 284 East Tenth street; was at the saloon No. 3 Rivington street at half-past five o’clock on Tuesday afternoon; ‘Tracey came in before Swinzmann stepped up to the bar to Ray, tor his meal; 1 am a@ waiter at the saloon, and did not want to serve the deceased, ag he was very drunk; got his meal and set it before him, but he did not eat it; inthe meantime he to “muss” with Swinzmann, using the vilest terms of abuse; Swinzmann told d to go away, saying he would not have anything to do with him: Swinz- mann then went out, but came in again, in about two minutes, and asked Louts Parisette to tell Mr. Vater if he came that he (Swinzmann) would not be there that night, and Mr. Vater was not to walt; I then went into the room of the saloon and saw Tracey following Swinzmann out of the door. into the entry; Swinzmann seemed to be afraid of deceased; came into the front room again and fol- lowed Tracey and Swinzmann into the entry; saw Tracey lying on the top of Swinzmann and grasping him by the throat on the stairs, and at that moment I heard the shots fired; there were two reports in quick succession; deceased got up, saying Swinz- mann had shot him, and went toward the door of the front room and fell, after which the policeman came in and arrested the prisoner; Swinzmann made no effort to get away. The jury then retired, and after a short delibera- uon returned with a vergict to the effect that Peter Tracey came by his death from the effects of a pistol shot fred by Emil Swinzmann in self-defence. The prisoner was committed to the Tombs on a cimarge of carrying concealed weapons. LABOR MOVENEN' Meeting of the Master Masone—The Brick- layers Strike fer Eight Hours. An adjourned meeting of the master masons of New York and vicinity was held at the Merchants’ Exchange, No, 51 Liberty strect, yesterday. There was @ very large‘attendance. Mr. J. T. Conover pre- sided, The Secretary read the minutes of the previous meeting, which were approved. Mr. Ross, as one of the Executive Committee of three appointed for the purpose of carrying out cer- tain measures, reported that all the necessary in- structions had been obeyed. A meeting had been held Jast evening, and he should add that through- out the proceedings considerable enthusiasm was evinced. Almost every one Veber expressed his views, and it was eventually decided that each branch should call its organization together, when a report would be furnished of their united action, He would add that the committee earnestly requested sympathy and support, in order that the time should be extended, it was then moved and seconded that the roll be called, and that each member should muke a state- ment as to how his employés were working or whether they had any bricKlayers engaged, ‘The following m: 7 masons then reported as fol- lows:—Mr. O’Brien said he had several masons at work at ten hours, but no bricklayers. Mr. Walsh observed that twelve or fifteen bricklayers were going to work that evening. (Hear, hear.) Choate, none; Herbert, none; St. Clair & Allen, men worki eight hours; Stewart & Co., German division of bricklayers going to work; Owen Morant, nobody but his foreman, who worked eight hours and then stood over the taborers; A. Ross, no bricklayera, but stonemasons working at ten hours; Woodroofe, none but stonemasons; J. 8. Conner, no bricklayers, a few masons working at ten hours; Fieteher, two bricklayers at ten hours; Seudder, stonema- sons at ten hours; Webb & Son, stonemasons at ten hours: Andrews, ten bricklayers and masoi working at ten hours—(hear, hear)—J. J. stonemasons, laborers and twelve bricklayers, ing at ten hours—(hear, hear)—Burchell, no brick- layers; O'Reilly, stonemasons and laborers; Houstin, twelve bricklayers and stonemasons, at twelve houra; Vaughan, bricklayers and masons, at ten hours; Paul, two Lior ay ry and ten masons, at ten hours— (hear, hear)—A, A, Andrews, stonemasons, working at ten hours; McLean & Son, stonemasons and four bricklayers, at ten hours, in Brooklyn; Hanna, eight bricklayers, working at ten hours. The master masons having thus made their several statements in regard to the working of the brickiayers, Mr. Ross observed that the report now presented ‘was on the whole very encouraging. He would say that nothing now remained on the part of the master masons but to be firm. Let every man stand up and carry out the intention the body and not yield under any circumstances. He considered there was room for congratulation on account of the very satisfactory statements just made, and the best safe- ghard now was firmness, Mr. Dopp remarked that there was one other eie- ment besides firnmess required. When the subject was fairly wnderstood by the peop m would show at on ated it. if fora considerable perioc good pportanities of seeing how such mai worked. Now, it was apparent that a con nuinber of the parties employed were sensible bot a large number had been drawn into the matt by a class of men that were trying to get up strikes. He never struck in all his life, and the reason was that men who undertook to get them up were never worth half wages, when they began to make a dia- turbance. But he should observe that strikes did far behooved them to arrest it as soon as posstbie, When the community were told in a plain stacement jnsi what the difficulty was he believed the men would be ashamed of it, because it was an invasion of a common private right, Certainty the journeymen would not allow the master masons to interfere with their private rights, and the same action should be followed towards them. He submitted that the master masons should give the men the wages, but never the hours, because they could not afford it. After some further observations it was moved and seconded that the origina! resolution LA en J the ten hours’ system instead of eight be now adhered to, Mr. LANe wisied to state that he had never snc cumbed to the eight hour's work, although tt had been so stated ina morning paper. ‘The meeting then adjourned til F STATEN ISLAND NEWS. ‘The annual a literary day. reunion and ociety of the LITERARY MEETING. dinner of the “Ku Kee, well as several eminent scholars of New York and Boston, was held at Oak Grove, on the north shore, yeaterday afternoon. The principal feature of the day was the competition for the Ku Kee badge, of which there is but one given each year. There were seventeen candidates for the honor, which for the last two years has been carried off by representatives of Massachu- setts, This year, however, the medal remains in New York, it having been won by Mr, Howard Carroll, a talented young gentleman of Williamsburg, L. 1. BITTEN BY A MAD Dow.—Charies Carr, while pro- tecting a child from @ mad dog yesterday was him- self badly bitten. PorricaL.—The Cnion republicans of Richmond county have elected Messrs. Wagner, Webster and Seaman to represent them in the Republican State Convention| to be held at Syracuse. A resolution offered by A. H. Wagner endorsing the nomination of Grant and Colfax was adopted. not take then as they do at the present day. The best reason ‘to snppose that the | Inaster masons would suces in this instance was becanse they ought fo succeed, They = knew that the bricklayers were injuring themselves | by the course they were pursuing and it metropolis, embracing among its members many | of the under graduates of our different colleges, as — $$ The’ Board of Fire Commissioners is a slow and oddly contrived coach. It is at least a month behind the age, and that is unpardon- able. Here 1s a specimen of its imbecility:— The coroner’s inquest has been held and a verdict rendered on the causes which led to the explosion of the steam fire engine in the Bowery; and notwith- Standing the accident, with its lamentable results, has been discussed by the papers and all but for- gotten by the public, the Fire Commissioners at their last session passed a resolution requesting the en- gineers of the department to examine into and re- port upon the whole matter. That board should be placed en rapport with the five hundred cell battery at the College of the City of New York, and shocked— it ought, If any pastor is desirous of listening to tall swear- ing, he has at thistime an excellent opportunity. It is only necessary for him to stand on the corner of Ann street and Park row for ten or twenty minutes, to be fully satisfied that the mission to the country of the kangaroos or the ring-tailed monkeys is not alone the one that should be liberally supported. We do not know but that omnfbus drivers and cart- men are Christians; but in a “jam” they have a queer way of showing it. Beecher, or some ‘other “mildly mannered man,” would have a brilliant show of sowing grace among such. About those public baths, gentlemen of the muni- cipal councils and heads of departments? There are daily arriving in this city from all parts of the Union to attend the Democratic National Convention hun- dreds and thousands of the ‘great unwashed,” and there is not @ bath, without money and without price, in all this city, wherein the epidermides of the untern- fled may be cleansed of political impurities, as are the skins of the repentant made whole by a scrub- bing down in the waters of Jordan. If the “lights”? of the party would have the work of the Convention done with “clean hands” let lavatories be provided for those who (politically) know not what cleanliness means, so that the more delicate parts of the ma- chinery may not be clogged with too much filth gathered and brought from the caucuses of outside organizations. It was a great oversight not to have had those baths provided in time for the Convention. We have been given to understand that the circular building placed on the extreme southern point of Manhattan Island, which has for years been “benevo- lently”’ devoted to “protecting emigrants from those harpies the boarding house keepers,” who charge strangers $2 a week less than do the “licensed” gentlemen, and who, besides, do not rob their vic- tims or permit them to be robbed, is to be turned, with the consent of the Commissioners of Emigration, into a gold exchange, to be run in opposition to the more legitimate one on Broad street. The money dealers will thus be enabled to swindle ignorant foreigners, without prejudice to the cause of charity, out of one or two per cent in exchanging paper Money for sovereigns and thalers, In about four weeks from now the public schools close for seven weeks, or until the first Mon- day in September. Good news this for the little ones. Fifty holidays in suecession—fifty days with- out once going to school! Just think of it, boys and girls; won’t we have a glorious time in those seven weeks? Meeting of the New Board. The new Board of Councilmen met yesterday af- ternoon, President Managhan presiding. Tlie lobby was crowded by gentlemen of leisure, who were at- tracted to the Chamber by the expectation of be- holding the new branch which has just been grafted upon the city government. Mr. Tow Lz, the assistant clerk (and who has ably filled a similar position under previous organiza- tions of this branch of the city government), read the minates of the first meeting of the Board held in January last, after which the President proceeded to read the titles of the resolutions presented for the consideration of the Board. Among the papers offered were resolves to furnish the members with stationery, maps and such books as may be neces- sary to ald them in the discharge of their oficial du- ties, It will be remembe! that the desks and drawers of the Chamber were pda les itted of their contents, even to the ponderous official docu- ments, the other day, rendering it necessary for the generous taxpayers to furnish a fresh supply. A ‘ition was received from Messrs. Heinrich, Lamb, Ireans, O’Brien and Henry ©. Perley statin; ‘that tl were duly elected members of the Board al the last ber election, but were not permitted to take part in its organization in January. They claim that by virtue of the decision of the Court of Appeals they are een entitled to their seats. The eee ae referred to the Committee on Law when appoint . my esolutions in favor of regulating and grading the Ninth avenue, of paving the crosswalks at Union — and Madison avenue, from Forty-second to } lgnty-sixth street, with the Belgian pavement were aid over, A large batch of papers from the Board of Alder- men were received and laid over; also a reso'ution to appropriate $30,000 to celebrate the anniversary of our national independence, On motion it was resolved that the Board should meet on Friday at two o'clock, and after being in session about fifteen minutes the Board adjourned. In justice to the new organization it must be stated that everything was done decently and in order. There was no need of any of the members asserting, as did one of their predecessors on a certain never to be fe tten occasion, that he “didn't want that ‘ere ‘ojum’ (odium) chucked on to him.’* BOARD OF FIRE COMMISSIONERS. ‘This Board held its regular weekly session yester- day. The president, Alexander Shaler, was in the chair. After the transaction of the usual routine business the report of the committee of engineers, appointed to make investigation into the late ex- plosion in the Bowery, was read. Afte r summing up their researches the committee came to the resolution that, ‘In the opinion of the committee the explosion ‘was caused by the a, valve bei poy down and an overpressure of steam, together with the in- jection of water.” ‘The committee was composed of Moses L. Perley, assistant engineer; John B. Denham, foreman Metro- politan Engine Company, No. 22, and Gilvert J. Orr, district engineer. The following resolutions, with preambles affixed, were (hen submitted by Commissioner Myers:— Resolved, Patrick W. Hand, engineer, be dvopped from the roll of engineers of this depart- ment. Resolved, That this Board deeply deplores the accident and its results, and are conscious that hap- pening in @ public service they are held to a stricter responsibility for their care in protecting life and property than in the case of an individual, and re- turn their thanks to those newspapers which have not allowed the pubitc to be prejudiced by statements that the engine was a wornout hack or the engineer a mere polit! appointment, without previows ex- perience or examination. Resolved, That the oMicers and men of this artment are cautioned to use renewed care ai tention In watching and working their engines and complying with the rules and regulations of the department, by this fearfal accident, in which those in charge of the steamer were the first sufferers. ‘The report of the committee, together with the reamble and resolutions offered by Commissioner iyers, were then ordered to be inserted on the | + minute book, The following resolution was then submitted and adepted:— Resolved, That the President of the Board ap- joint an executive committee, to consist of the Presilent and two members of the Board, who shall have the power to transact the bitsiness of the Board dnring the recess, to terminate October |. The meeting shortly after adjourned, BROOKLYN INTELLIGENCE. TIeLD FOR THE GRAND JURY.—A woman named Ann Chill was arraigned before Justice Delmar, on complaint of Mrs, Margaret Carroll, of 86 Douglas street, yesterday, charged with having stolen $42 in money from the complainant. Ann was held to await the action of the Grand Jury. DeaTH FROM BURNS,—An Inqnest was held yester- day afternoon by Corener Slattery on the body of Willte C. Blakeley, a little boy, at No. 5 Hoyt street. It was found that the deceased died from the effects of burns received on Tuesday caused py his clothing taking fire from mate! with which he had been playing. The verdict was in accordance with the facta. Kines CouxTY BOARD oF Surrevisors.—The Kings County Board of Supervisors met yesterday afternoon, Supervisor Osborne in the chair. Super visor Clark presented a communication from J. Lee Knapp, tn which that gentleman stated that he would ‘no longer be responsible for the accidents occurring at the new Newtown creck bridge. The cqmmis sioners of the bridge referred the communication t: the supervisors, stating that they had no power | repair the bridge, but that it onght to be repaire immediately, as it was in an unsafe condition. 7) matter was referred to the Law Committee. ON® OF THE ASSISTANT INSPECTORS OF Brti.p INGS ON Doty.—One_of the assistant inspectors o/ buildings, recently appointed under the new fire jaw created @ disturbance in Benton's building, ip Fulton Common iow Fork. to be fired from the Battery 2. in BRoO forte : k inden low street, right on Cranberry street. _ parade will The will be paid Command) mM ph a mands, oltre ld be er ate ; Bernard : SWINDLED.—A well dressed young man the residence of Mrs. Murtagh, in Nelson Tuesday, and presented a bill: for $44, wi stated had been given him for collection by the rogate, Supposing the bill tobe hieby 1 8 tagh proceeded to pay it, Redearee had enough small bills to make up the amount she catled 1 rk. that have been made against him and case will brought r tees of the pie se i) i Fonget wl called street, her son, @ boy twelve years of age, and gave hint $100 bill to get changed at the store, The swind) went out, intercepted the boy and succeeded in tng away with the $100, + INVESTIGATION OF THE AFFAIRS OF THE SUPERY INTENDENTS OF THE PooR.—The special committee ofthe Board of Supervisors having in charge thé management of the official investigation of the al leged misconduct of the Superintendents of the Poor} held another session yesterday. Among the witnesses who were examined was Henry Wills, Supervisor of the Sixteenth ward, who testitled to Cire cumstances attending the fight which tool place between himself and — Superintendent Delaney, on the occasion of a_ ‘surprise a at the Almshouse, John E. Costigan stifled that during the fracas in question he was struck by the Superintendent, and retaliated*by striking that oficial in return, This was op occasion of the ‘fifih’’ surprise party to the coun buildings in 1867. Supervisor Scholes testified that while he was Chairman of the Committee on Ace counts of the Superintendent of the Poor last year the committee suggested an improvement to th proposals; that they had found large quantitic of articles called for io be pro for whieh we never supplied. In one instance five thousand pow! of haddock, proposed for at one cent a pound, whiel were never called for, or given; twelve hundred bags of salt were called for, and it wad agreed to be furnishe at ten cents a bag, while the themselves, without any salt in them,’ were worth fifty cents each. If the contractor hi been called upon to furnish all the articles in his pro- posal he would have been a heavy loser; but he | only called upon generally to furnish the articles 01 which he made @ protit, A contract for coal been awarded to Kelsey & Laughlin instead of , Conant, who was the lowest bidder. In maki contract for beef they violated the law, in the opini of the witness, in giving the contract to the secor lowest bidder. After hearing some further testl, mony, but eliciting nothing further reflecting upon the Superintendents, the cominittee adjourned untif next Friday. THE NATIONAL GUARD. ‘The Fourth of July Parades in New York aiid) Brooklyn. i The following orders have been issued in calling out the First and Second divisions for parade om the Fourth:— GENERAL ORDERS—NO. 3. | HEADQUARTERS Fins? Dtvisior G8. N.Y, w_ YORK, June 22, 14:8. ‘This division will parade on the Fourth of July next to cel brate the ninety-second anniversary of our nationa! Independs {oops wil form in the following order, rt rst brigade of infantry on West Twelfth strect. ‘The Second brigade of infanitry on West Thirteenth street. ‘The Third brigade of infantry on West Fourteenth atreet. niry on Went Fifteenth street, The Firet brigade of cavalry on West Sixteenth stroet, Theright of ouch brigade will reat on the Fi{th sense Brigade commanders will report to the Chief of Staff, at corner of Fonrteenth street and Fifth avenue, the arrival their cerpectire commands uy the ground. i ‘At half-past seven o'clock A. M. the command march be au , when the First brigade of infantry will move Fifth avenue, followed at proper intervals by the other bi ades in the order above named. hy ‘The line of march will be up Fifth avenue, through Fi second street, down Madison avenue, through Twenty-thir, street, down Fourth avenue to Fourteenth street. ‘The avenues and streets abo umerated, from ourb t ‘are hereby designated asthe Division Parade groun e day. Commenting gftoers will goatee t to the general aed +4 reviews, as lown on arAgraj we pendix ti “Upton's Tactica S = : Before the parade ts di She honors of » marching salute will be paid to his Honor the Mayor and members the Jouncl of the elty of New t Brigadier General Louts Burger will direct a national salute to be m the ‘at sunrise and at noon. ‘By order of Major General ALEXANDER SHALER. u Linge bag NO. NLG.8.N.Y. ' JRADQUARTERS SECOND Division, N. G. ae ; ib KLYN, June 18, 1543, "f I, The Fifth and Eleventh brigades and division staff wi le on Saturday, July $23 eaetetee the riers | anniver if jatiol 08, sa The fi brigade will form on the easterly side of Hickd H The Eleventh brigade will form on the earsterly side of Wil, i move promptiy at elght o'clock A. M., az be dismissed at or hhalf-past ted in subsequent orders, Hall the hondrs of a march ve eni low q The column will the e o'clock A. M. ne of march will be desi, Aa the command passes the Clu ing salute to the Honorable the Mayor Common Counell. ers will conform to the general ng oF rules for , aud reviews contained In appendix two, “Upton's Tl, As it is destrable ‘and fitting that the several commande shall parade on this occasion with full: ranks, comman officers will take necessary measures to this end; and commanders will forward to these headquarters, on or befor@ July 15, @ full return of delinquents in thelr respective come iI. Brigade commanders will see that tbis order is duly romul; |. By order of keeps anv DURYEA, Major General H. B. THE MORNING STAR DISASTER—PROTEST OF THE CAPTAIN. The body of Sarah J, Addis, chambermaid of the Morning Star, was found about three hundred fee off the Cleveland piers Thursday, at three o'clock Ps M. Captain Viger, the commander of the lost steamer, has entered the following PROTEST, ‘The Morning Star departed from Cleveland on the evening of June 20 with a cargo of about 120 tons of general merchan- ghandise and about thirty-five passengers bound for Detroite When the steamer left Cleveland the weather was pretty fair 1 , wind about north—« reeze, The steamer steered her usual course, W. Ne and waa going with a modi of steam. The following officers composed the watch at the time of th ollision, and had been on watch from the time the boa! left for’ Cleveland:—Captain Viger, Peter Tallon, second mate ; Dempsey, lookout, and 1d M iy by law were ail in thelr proper ightly burning, and #0 rematued trom the ime of leaving Cleveland up to the me of the collision here tofore mentioned. Se, bears, of ,tralre, and one, ofciga said Viger, Tallon, Dempsey ~~ it at the plane keeping lookout, watch an: gation of sald steamboat, and were Hons to enable them to discharge thel Dugald Mela lookout on the teen a long distance, wheeisman. The | light’ require laces and br een ‘and pro ard for the bate na eu ‘the beat a The said lin was at the wheel, an the said Dempsey ard part of the dec one of the eat positions possible far w lookout and nad pty ea eae) an i vi an ‘all carefully attending to their d Wile ao stationed and ao attending their dutios, and half-past twelve o'clock, the wind atti being about north a blowlng @ seven or eight knot dar Tight could be seen three or four miles, sudden Of a bell were heard, and at the same fustant our Feflected on the sail of a vessel, which afterward the bark Courtland, crossing our bows, and im de the bow of the ‘Siar struck the. atarbo le of the bark. From the time the bell was heat until the collision there was no possible way to stop, the engine or ch course of -the steamer, the officers and men named above aay, each for himself, th: he was keeping a most careful watch and: lookout, and ab Hor to ald collision was there any light visible on Boa id bark at all, save n dim light, w! red to be Binnacle light, The bell to stop the’eny as possible after the bell was heard vessel. Immediately after the collision the master. 0 the fret mate to clear away and lower the boat and stan go until further orders,” am Zari was lowered and manned, ‘Eyam ts ie by them, and not let the large life ation of the boat was then made, and she was font to be sinking. The master and others then went through U cabin and among the passengers telling them to put on life reservers and fasten them and go aft to the boats. The eal ing were well lighted atthe time. The passengers were putting on life preservers. The boat soon aflerwards. co menced sinking and weat down rapidly, head fret, the w abin or part of it at the saine time floating and breaking 1 fore the vessels separated Captain Viger hailed the bark see if she was sinking, and the answer was aflirmativelys Again she was hatied to know what was her cargo, and the reply was “iron ore." ‘This protest is signed by Captain FE. R. Viger, Da A. MeLaughiin, Peter Tulion, Dugald McLaughlio and Bernard Dempsey. At seven o'clock Friday morning the tug Lev? Johnson, Captain Blanchard commanding, left the of Cleveland on a cruise tn search of bodh he duration 1 direction of which will be govern by circumstances, Captain Landy and Mr. Patchin were on board. A small boat was taken iz, and other preparations were made for an extended search, ff necesss ATTEMPTED SUICIDE ON A RAILROAD ThKAIN.—On ‘Thureday afternoon last @ young man, a printer, named James Mutell, was arrested on a charge the larceny of sundry articles of wearing apparel from a fellow workman. He was arraigned beforg Justice Adams add gave bail in the sum of $300 for his appearance to-day cae ion examination, Yesterday Mutell left the hon foot and walked the next station on the Chicago and Alton Rall road, where he took the train for Chicago, Sherif} Shoup, of this county, being npon the trai en route for Joliet, arrested Mutell, took bi to Joliet and ony Ue ly him to thie city and lodged him in jail, in the return to-day, as the train was pa: ne the covered bridge a few miles north of Lincoln, Mutell drew a pisto placed the muzzle to his temple and fired, but at the sam moment Deputy Sheriff Kock knoc! the pistol aside and the ball glanced, infiicting a wound Mutell’s temple, but which, though at first su to be serious, Ew to be only a flesh wound. 7 prisoner was taken off the cara at Lincoln and after remaining a few hours was sufficiently recovered to be brought to this city. Mutell was formerly a cap> tain in the British army, having been promoted fro1 the ranks. He has for the past two years fo)lo the business of a printer in this city, and has hereto. fore sustained a good character.—Springielt (1) (Jie 27) correspondence Chicago Repudtice i. ELOPEMENT IN Connect Edward Conray, & married man living at 17 Sumner street, last Frida, left his wedded wife and eloped with a soldier’ widow named Mary Emmett. Conray started with @ light mustache, snui colored pants, no coat or yes and Was minus one front tooth, Mary had no from teeth, and wore a light brown suit, badly worn, ang a dilapidated white hat trimmed with lace. ‘It iq osed that Conray’s inducement to break the iage tle was the widow's bounty money, which 1 just come into her possession.—New Haven ainine