The New York Herald Newspaper, August 21, 1868, Page 6

8 —, THE DEATH PENALTY. Execution nal—Scenes On and Around the Gallows, CANTON, August 20, 1868, ‘The execution of John Kennedy for the murder of Thomas Hand, in February, 1807, took place here at The weather the dark clouds shed sombre and pall-like hue over all nature as the haif-past one o'clock this afternoon, was very gloomy and hour of noon approached. In order that the readers of the HERALD may be fally acquainted with the crime for which Kennedy %o-day paid the full penalty of the law, the follow- img particulars are given describing the murderer, bis victim, the deed and the incentives to the com- mittal of the awful crime of murder:—~ THE VICTIM, For many years previous to the month of February, 1867, there resided in the town of De Kalb, St. Law- rence county, N. Y., @ person by the name of Thomas He was a native of England, where he bore the name of Thomas Jackson .but on coming to this country, on account of some singular freak of taste, or for some reason that has never been explained, he @ropped his family name and adopted the one that he was universally known under, Nature had early stamped him as one of her most peculiar and eccen- tric geniuses. He was a bachelor, @ farmer by occu- pation, and, although possessed of considerable means, lived in a small dwelling in a thinly settled He had no friends and made mo confidants, Although enterprising in trade and Vigilant in attending to all of his pecuniary interests, ‘his mind was partially deranged. During the entire period of a lifetime of half a century one thought alone had governed his actions, one terrible apprehension had embittered all of his days. He had early become imbued with the idea that his life would be terminated by the Restless under the sepa- ye om his kindred and sought to lose identity in the vortex of the new associations of this Yet although he had abandoned all else, even the name that he bore, the fearful appre- Believing that the mark which the murder sought for was visible upon his all men as murderers, this hetetd Hand. Portion of the country. violent hand of a murderer. thought he emi; himself ited from his English hom land, hension clung to him. brow, he regarded as a hell and the hand of every man raised him. He dwelt in a scantily and even wretchedly furnished house. Not on account of a miserly di sition, but so that there might be no object to murder him for what the house contained. He dwelt alone, for he would put trust in no human being. Even the is of women and children were to his diseased imagination ready to clutch the dagger of mnocent han the assassin or mingle subtle poison with his food. He made no secret whatever of this. When brought in contact with his neighbors and questioned in regard to his peculiar mode of life he freely admitted the fears that constantly oppressed him. When he proceeded about his farm he was constantly upon the alert lest some tree might conceal an assassin. He feared to enter his barns at night, for within them might be lurking those who sought to murder him. Doring the still hours of the night, es he sat alone, with barred doors, within his dwelling, he dared not have a Hight, for fear that some one was lurking outside, only waiting to send a bullet that would terminate his life. after year he thus lived on, constantly fearing the biow that would send his miserable soul Juto eter- nity. When he walked abroad by day the grim phantom of death seemed to follow his footste) nd beckon him on, and in the lonely mid. 6 hours, when all alone he was uncheered by the presence of any human being, it stood by his bed- skle and extended its bony fingers as if to grasp him, and then laughed with demoniac glee as he sprang away m terror. Hand possessed a dog, large and ferocious, that seemed to possess all of his mas- ter’s dishke and aversion to strangers, and kept the premises clear of intruders by day and guarded tue Bolitary occupant of the dwelling by night. THE MURDERER. John Kennedy, the murderer of Thomas Hand, ‘Was born at Glengary, Canada Kast, in the year 1840, and is consequently twenty-eight years of age. His family is a numerous one, he having three brothers and six sisters now living, and having lost a brother by drowning not a great while ago. is parents are both living and, together with the other members of family, are honored and respected by the com- munity in which they reside, and feel very keenly ‘the blow whieh has falien upon them. Since his e@pprehension they have spared no effort that their means would permit of to establish his innocence. fle was five feet eight inches in height, ght eom- lexioned, with dark gray e; He was rather full <1, With high cheek bones an protruding appt lip. He rather appeared to be a simple minde: ood natured sort of @ person, and no one would eould be the perpetrator of such an infernal and dia- boli¢al deed murder of which he was after- wards guilty? Kenriedy Came to De Kalb from his home in Ca- nada in tlie early part of the fall of 1866, and obtained work from a man residing near the residence of Thomas Hand. His first step towards Sart ‘he friendship of his victim was to conciliate the dog al- Juded to, and so well did he succeed that the cro brute—littie Jess ferocious than a trained blood- hound—who had never manifested any friendship for @ person except his master, Would soon do his bid- ding as readily as that of the one Whom he was kept to protect. The monomaniac seemed to consider the conduct of the dog a better recommendation for Kennedy than any that any human being could give, and he Very soon admitted him to his house and his cunfidence and soon after employed him to work They took their meals at the same rude ble and together shared the same bed, and unbogomed all of his secrets w hin, and appeared to feel perfectly secure only when he was with him. With a fatality as strange as H was unexpected, the man who had shunned all mankind for long years lest he might meet his murderer bow weicomed and reposed full trast in the one Who was to strike the long feared blow, Can an especial significance be attached to this fact, or was the easily impressed mind of Ken- nedy, in his association with bis victim, so wrought upon by the weird fears and terrible imaginings of Hand that the commission of the deed had @ fascina- tion for him that he was unable to resist? Shortly before the New Year Kennedy left Hand's employ and went to aplace a couple of mules dis- tant, with hin, THE MURDER. On Friday, the It day of February last, John Kennedy left a house at which he had been stop- ping for a short time in the town of De Peyster at four o'clock in the afternoon, with the avowed pur- pose of proceeding to Canada, but with all of the devilish instinets of his nature fully aroused, and determined to commit the act for which hia lite has On being offered a ride for some tiles in the direction of Ogdensburg, Where he must proceed if he wished to cross into Canada, he de- the pica that he preferred to Me) ne paid the forfeit. clined on and continued on until he arrived at roud leading to Hand's, which he took. He continued on for some distgnee and, on account of the darkness, made a mistake im the roads, and entered one which took him @ considerable dis- tance out of lis course. Here he was met by a num- ber of persons with whom he was acquainted, but aid no attention to their salutations, until one of em inquired, “Is that you, John?’ To this le re- plied, evidentiy anxious to know whether he was Spa recogn’ or not, “What John? “John ennedy,” waa the reply, What John Kennedy?’? he asked, a little disconcer and still unwilling to admit lis tdentity, but being confused as to Nis course, was compelled to stop and inquire the way, Which he did by asking Ww be directed to the resk ence of the nearest neighbor of Hand, He arrived at bis place of desMnation in the even- ing, and proceeded up towards the solitary and dark dweling. The watch dog sprang forward to meet him with @ savage growl, but only to greet him with such a fawning Welcome as the joy of a brute could manifest, Hand called out in apprehension from behind his barred door to know who the intruder could be, but opened wide the portal and gave him hearty welcome when he knew who was his visitor. No longer fearing that 4 prowling assassin was near, along unused candie was brought forth, and its cheerful rays liluminated the room, Supper was Prepared and placed micet the full’ requirements of hosptt seldom taxed. TI sing upon affairs of, interest to them, da, and had catied to vid him farewe! palr retired to rest beneath the same e murderer aud his intended yeti. dy found his rlet, suMelent resolution to de the deed, or it safer to postpone itfor another day, is not known, but they arose in the morning and passed ther, Kennedy rendering himself as fe as possible to his host, and tt Was not until the shadows of another night fell that he carried into execution his fearful purpose, The principal room of the house was not aa one, and conte king stove and bedst ‘The space betwe Ww a8 only about two feet, ‘ations had been made for r for the morning meal had been upon te stove, and kindli Hand was seated upon me |» stove, when, with a seived an axe that was 13 roaching Hand unobserved Blow upon the side of the he i with from the bed to the staining the coveriet. was then enacted, in his own biood, prostrate at t man that for many years he had person of his auponed friend. be light of hell playing apon his face and a demob’s giare in his eyes, standing over him with uplifted axe which he again brings dowy, burylug tt io tue geull of his victim! Hie vext step was to open a trap-door in the foor of John Kennedy at @anton, N. ¥.—Singular Apprehensions of a Violent Death—Personal Descriptions of the Mure derer and bis Victim—History of the Crime— Arrest, Trial and Conviction of the Crimi- The light of the stove was closely veiled for the same precaution, and year very prominent and amoment have imagined that he ore the guest, and the stores Of the scantily furnished larder drawn freely upon to 'y that was Unt @ late wing Hand that he was avout to start Whether rage failing and ¢onld not e , Kennedy e floor and ap him a powerful the edge of it, Such was the force of the blow that he fell floor as the blood gushed forth, There were no mortal eyes to behold and no mortal pen can depict the scene that The victim, his features bathed » feet of the only fully confided in or trusted, and with terror depicted in his coun. tenance, beholding his long-feared murderer in the Of the murderer, with of the room to the cellar and i the body to # to cast it down. This doue Ne closed the trap, and with yet covered with blood, pro- ceeded to secure @ considerable sum of money that wasin the possession of Hand, as weil a8 whatever articles of clothing he coula conveniently carry away, rod leaving the house started in the direction of aba. s ARREST, TRIAL AND CONVICTION. Two or three days,afterwards some of the neighbors of Hand observed ‘that there had been so signs of life visible for some time around his dwelling, and Proceeding to his barns found that his cattle were starving for want of food. Their fears being aroused, several of them entered the dweliing and found the Sigeuces of the dreadful tragedy that has been de- acl ‘The oMcers were at first bafied In thelr at'empts to ascertain the murderer. The state of aifairs at the house indicated that the deed was committed after supper and before breakfast, and the food prepared for the latter meal indicated that two persons were expected to share it, Nearly every article in the room and even the walls of it seemed to bear irre- futable testimony to the favts of the and point to the same conclusion, until the slight dis- connected facts, when woven together, were evi- dence strong as holy writ. Kennedy had pe wo Canada, and returned again in about a week from the time of the murder, and at about the same time that his gullt was tively suspected. When ar- rested articles of clothing, some of them bearin; bloody finger marks, that had belo! to Han were discoverea in his possession. e prisoner strongly protested his innocence of the charge pre- ferred against him. He was indicted by the Grand Jury on the 19th day of alte) and was tried at the June term of Court of Oyer and Terminer, Platt Potter presidi He was ably defended by eminent counsel, aud the prosecution was conducted with marked ability. Tue jury found him guilty of murder, Upon being asked why sentence should not passed upon him he again declared his innocence. He was sentenced to be hanged on the 16th day of August last, but his counsel obtained a atay of pro- dings in the matter. A full bench reafirmed the decision of the Court of Oyer and Terminer, and he Was resentenced by A. B. James to be executed on Thursday, November 21. On hearing the sentence the prisoner said, “I thank you; lama happy a In sentencing him to be executed on 4 ursday Judge James made something of an innovation on the popular idea, which has always considered that Fri was the only day that should be consecrated to the sable gloom and Nemesis retribution of the hangman, THE PRISONER. Through the courtesy of Sheriff Chapin Raped re- Porter was enabled to visit the prisoner in cell on @ day shortly previous to his execution. He ap- peared in good spirits and conversed freely upon matters rye rire pie nea i I Sreeed in gray pants, a ret ani vest, and wore a waite shirt, with 4 striped paper collar and some- what fanciful necktie, On a table in the corridor to which he was allowed access was the representation of a crucifix drawn upon a sheet of foolscap, at which he had been at work, underneath which was written, with a trifle of one “This was drawn by John Kennedy, in Cant J November, 1867.” ‘The prisoner admitted that he made a verbal confession of his guilt on that day to the District At- torney on receiving the assurance that if he could implicate any one else in the affair that a stay tipo Pipa Would be obtained, and that he would be allowed to turn evidence against him and receive a sentence of imprisonment. He undoubtedly en- deavored to convince that oMcer that te had an ac- complice, Dut it seems that his story was not con- gidered worthy of attention, as the main points of the evidence upon which he was convicted led to the conclusion that the deed was committed by one person alone. Kennedy was never married. ‘THE LAST HOPE FADES. The hope that something would intervene to pre- vent, or at least to postpone the execution, was en- tertained by the prisoner untila few days previoug toit, This had been greatly stimulated by partial offers of pardon or repricve that were constantiy heid out to him by those wishing to draw a confes- sion from him. His counsel bad assured him that any further efforts upon their part would be whoily gecions, ys he still clung to the phantom hope and expect mercy from the prosecuting authorities, On the Friday morning previous to the day of execution Sherif Chapin, in com with a number of the Supervisors of the county, visited his.cell. On beholding them the countenance of the prisoner was radiant with the expectation of learning that some fate had intervened its protecting power to save him; but they had come to assure him that any ex- Pectation upon his part that the blow would averted was ctoomed to the bitterest disap) pe that there was no power operating in his could stay the progress of the terrible machinery of the law, and that he would certainly be executed on the day fixed. composure, and thanked them for informing him of the true state of affairs, intment; half that ‘This announcement he received with THE SHADOW OF THE SCAFFOLD. All of the doit) of the law which ingenious counsel could devise and lenient judges sanction have been exhausted in this casé. Immediately after the decision and sentence last recorded an ef- fort was strenuously made to obtain a stay of pro- ecedings, in order to have the case go before the Court of Appeals for its action, with the hope of se- curing & new trial, owing to alleged informalities in the proceedings. The time set for the execution, however, rapidly approached without this attempt having been successful. ‘rhe cell of the prisoner opened upon a corridor, to which he was allowed free access and which over- looked the yard of the jail, where the scaffold was to be erected. Wien it became necessary to construct this instrument of death the jailer proceeded to his cell for the purpose of removing him to another part of the building, in order to spare him the torture which it was naturally supposed would be inflicted pros his mind by perceiving the preparations for is approaching doom. He was quick to divine pe, object of this and earnestly protested against ing removed. “Do not think,” said he, “that I eare for your preparations or will be troubled by having a gallows before me. I am not made of any such stuif.”” He was allowed to remain and with the utmost coolness viewed its erection from his window during the day, for the scaffold was a new one, executions being rare occurrences in St. Law- rence county, and occasionally offering a candid and well er suggestion to the workmen engaged upon it. He also desired to see the sheriff and requested very particularly that he might be furnished with a fashionable suit of clothes for the event, and that, above all, the best coffin that could be procure shoukl be provided, adding that his friends would pay the difference in cost between it and a poor one, as they Would disitke to have his remains forwarded to them in a cheap one. Every preparation was made, the executioner was present, the jurors assembled and wo bod the invited spectators congregated, and Kennedy had retired to his couch in the full expectancy that the morning's sum would be the last one whose light he would ever behold, whon, after nine o'clock P. M., an order for a stay of proceedings was served upon the sheriff and the execution postponed indefinite- ly. Kennedy was, of course, at once aroused aud informed of the change in the aspect of affairs. The intelligence he received very coolly, remarking that he was “glad to hear it; but if the thing had to Dually occur, or he should be reprieved to tuprison- ment for life, that It would be better had it gone on. THE THIRD SENTENCE. The case was not acted upon by the Court of Ap- peals uotil the June term, when the action of the Oyer and Terminer was confirmed and a new trial denied, remitting the case to the Supreme Court. ‘The prisoner was taken from his piace of condne- ment to Cauldwell, N. Y., and on the lth of July sentenced to be executed ou the 20th inst, and thea Tetaken to Canton, A PRETENDED CONFESSION, On receiving the last sentence the prisoner ex- pressed a readiness to ¢ 88 his guilt and made the followlug statement: I knew Thomas Hand, whose real name was Thomas Jack- son; had worked for Bim a good deal and had | the ‘beighborhood. Patrick Kennedy and my Ogdeusourg in February. On our way home I me io go with him and kill Thomas Hand and got what he had. I aaid T would not dott, We drove ap to He in dronk that on our way about it, After that lw and ame buck. Isai agi me to go with him and kill as Hand. 1 ald 1 not do lt We came to Ogdensburg again ina sleigh and he wanted T should go with him when we got back. dealt no. On the way baek Pat was pretty drunk and he #poke ain about killing Thomas Hand. Whea we got back to Heuvelton be got some ingre to drink and got pretty: druaty to drunk Thad to drive, When be got to bis house be ha got some sober and h now is the time to go and kill Thomes Hand, So he took the lines and drove over there, and I held the horses while be went in and killed Thomas Hiand. I bad nothing todo with ft aad kuow nothing more about it. ‘This was so evidently @ Munchausenism, intended to injure a person for whom he entertained impiaca- ble enmity, besides being totally opposed to the moat direct and convincing evidence adduced at the triai, that it received no attention. Al f rowd, inchoding. —m any female friend as- arge crowd, inc! \s, sembied to-day around the jail, but only @ few were admitted to the yard to view the seaffold. The prisoner — appeared cheerful, ae imbued with almost fanatical spirit and giving his entire at- tention to tis devotions. He ‘ularly requested) that he might not be executed until after twelve o'clock, P@) 11g. “There will be a great bell ringing in heaven at tha: hour by the angels, whieh 1 must first attend to.” On being asked by yout shortly previous tothe execution if he would like to make any state- ment, he replied:—“Nothing; only say to the world that I hope they will die ae yy ae I stall.’ FROM THE JAIL 10 THS SCAFFOLD. About twenty minutes past one o'clock the proces- sion entered the jail yard, Few persons were per- mitted to be present within the walls, ‘At the hour stated the 0 min procession entered in erpetbonet) ng order:—The Jurors, sheritf, deputies, prisoner, ‘companied by a Roman Gatliohe elerayman read: ing the ing service, choristers reading responses, and policemeh, The yrwoner was attired in a short woollen coat of date hue and pants of the same material, white scalloped bosom, without collar, aud brows and white stockings, THE EXROUTION, Being placed upon the scaffold and the services completed, the prisoner silently bade adieu to a few friends, and then shook hands with Sherif ‘Tanner, Who tmpressively said, “May God bless your soul.’ The black cap was then drawn over iis face, and at precisely thirty minutes past one o’clook the aignal was given by Deputy Sheruf Whitney, the rope was cat and as the body shot upward ‘@ heartending shriek pierced the air from an upper story window of the jail, to which several female friends of the prisoner had by some meang obtained access. His peck was not broken, aad death en- sued by Mow strangulation. Life was pronounced extpet ln 4uirly Wiouwe, und alter allowing the &: é NEW YORK HERALD, FRIDAY, AUGUST 21, 1868, body to hang six minutes it was lowered and placed in the coilin prepared for it, Those present, so desiring, Were allowed oa 5 were tne een nee remains, > x lowed to view ennedy paid little attention to the assemblage, and met death with the cool fortitude ana indiffereac® that characterized him throughout, ‘The police ar- rangements were admirable, and the crowd quietly dispersed, HAYTI, The Insurgents Surround Capo Huytien—Vic- tory of Normil Over the Government Troopy— General Lynch in Command ef the Rebels— News from the Interior. Kinaston, Jam., July 30, 1863. By the arrival of the Alma toMay from Cape Hayt!, in four days, I learn that the place is surrounded by the revolutionists, and that communication with the interior has been cut off, so that neither coffee nor logwood can find Its way to the coast for shipment. As a result of this vessels cannot find cargoes, Ad- vices have already gone to the United States to coun- termand the sailing of vessels for Haytien ports with provisions, as no return cargo can be furnished. Threo vessels fom the States, laden, have arrived in Kingston from Hayti, having been unable to there unload their cargoes. The news from Port au Prince is to the 26th, brought by her Britannic Majesty’s steamer Mullet, which arrived at Port Royalon the evening of the 26th, Early on the morning of July 23 General Normil quitted his portion of the insurgents’ lines around Port au Prince, evacuating the Lighthouse and Carrefours, and hurriedly pro- ceeded to Petit Goave, arriving there the same evening. The place was and had been for some time in possession of the reactionists, or interior partisans of Salnave. These Normil attacked at once and after & long and desperately contested engagement he re- mained master of the field and of thetown. The Joss was heavy on both sides, In his abandonment of Carrefours Normil had to leave’ behind three pieces of artillery for want of transportation, The cannon were spiked and otherwise rendered unse> viceable, The same day Salnave’s forces occupied Carrefours and of course found the spiked guns. A highly self-laudatory and bombastic proclamation ‘was thereupon published by his sable Excellency, in- forming the people of Hayti in parttcular and man- kind in general what mighty trophies had been cap- tured by hisarmy. On the same day (July 23) Sal- Rave, emboldened by his reoccupation of Carrefours, Made an attack upon the positions of General Faubert, Lec 1,500 picked men with him and leading assault in person. Defeat, and not success as he anticipated, was his reward. After losing mi of his it soldiers he had to abandon his ente! and return to his fortifications. The main Agneng on this occasion was done in and about the village of La Cou Unaware of the fall of Petit Goave, the commander of the government corvette Sylvain (late Twenty- second December) on July 24 steamed into the port, when the revolutionists attacked the vessel and cap- tured her. This is a hard blow to Salnave’s fortunes and materially lessens his chances of success. The jusurgents are likely now to endeavor to shut uj Port au Prince on the gea side from the outer world, as they have done on the land side, The corvette Sylvain is a small steamer which was pacer during the Presidency of Geffrard, turned into a war vessel and called the Twenty-second De- cember, Soon after the assumption of power by Sainave her name was changed to Sylvain, after President Salnave’s baptismal name, she had lately been kept _ busil, engaged in running between Port au Prince anda Ca Haytien on missions of the ernment. It was by her that Salnave sent away the troops belonging to Port au Prince to garrison the Cape and brought the Cape troops to garrison the capital, in order to prevent local influences upon the men, Salnave now has no vessels of war at bis disposal, his navy of three being reduced to the Galatea, retained in New York for non-payment of repairs and equip- ment. The Liberté was captured, like the Sylvain, by the insurgents, ‘The United States steamer De Soto arrived at Port au Prince on the 22d, to leave for Colon on the 26th or 26th, Salnave visited her on the morning of the 24th and was received with great honors. His fast friend, Mr, Gideon Hollister, American Minister resi- dent, was present on the occasion. General John Lynch, the famous Cacos leader, has had the whole forces of the revoiution placed under his command, This has been done in order to promote @ unity of action, hitherto lacking in the military movements of the insurgents. General Lynch, not being an aspirant for the Presidency, and tae main leaders, Nissage-Saget, Hector and Faubert, each coveting the position, the selection made is no doubt @ judicious one, such as will preclude the personal Jealousies that would have resulted had either of the other three generals been selected, Despite this wise action towards @ concentration of their efforts the insurgents are not prospering as they had rea- sons to expect a few weeks ago. Great discontent exists among the men of the line because of the slow and unsatisfactory eee of the siege of Port au Prince and many are daily deserting. On the other hand the cause of Salnave is looming up. The lower classes of the capital—the wornen particu- larly—are very enthusiastic in their support of his claims, Wile in the interior he is gain'ng in popu- larity. The Piquets are very active in his behalf. The widow of ex-Emperor Soulouque arrived at Port @u Prince July 22 from Petit Goave, accom- janied by her mother and sister. The ex-Empress decidedly in favor of Salnave, and as she has still considerable influence in Hayti her support is a great to the President's cause, Mr. Hoilister, the Ainérican Minister resident, had returned from dis cruise along the liaytiea coast in the United States steamer Penobscot. “His tour had been very much discussed. At Cape Haytien, on his arrival, he was received with very uncustomary honors. A salute was fired from the forts, a band discoursed national airs, both ifaytien aud Ameri- can, and the troops were placed under arms and re- viewed for his edification. Victorine Chevalier, Sal- pave's general commanding, conducted the Minister to the most interesting spota of the place and then entertained him in the city palace, banqueting, feasting and toasting to the best of his avilities, From Cape Haytien Mr. Hollister went to Mole St. Nicholas, which place, it was and is openly assert he designs making the headquarters of the Uni States in the West Indies. Mr. Hollister’s conduct is much ¢.ndemned, and he is universally blamed also for having put at Salnave’s disposition the Penobscot and for meddling so exten- sively and wunpolitically m the troubles of the Haytiens. The British and French Chargés @’Affaires and the Spanish Minister resident have protesied against his conduct towards the Haytien refugees in his Consuiate, aa aiso the annexation of any portion of the territory Hayti to the United States. General John Lynch, as generalissimo of the revolution, has‘aiso publi & protest against Mr. Hollister’y attempt at acquir- ing ® porion of the republic for his government. General Lynch solemnly avers that his party will hever submit to any despotiation made by Salnave, no matter in favor of wat nation it may have been executed, From Jacmel learn that the insurgent General Font Vernette was defeated July 14, near Moni by @ party of re General J. P. Hector returned to Jacmel, from the siege of Port au Prince for the purpose of protecting the place from the at- tack of the Piquets, Te lad issued a proclamation freee Thomas Christ an outlaw and offering a "3 S = $6,000 (Haytlen) Jor his head. Christ ia the leader of the Piquets, The Committee of Pablic Safety of Jacmel had also issued a proclamation granting @ complete amnesty to the chiefsof the Piquets (Christ excepted) Who stould surrender within three daya ‘These three days expired without a single Piquet taking advantage of tie amnesty, Siabborn fel- lows! Au attack is repo; to have been made by the Dointnicans onthe territory of Hayti Les Anses & Petre was taken by a purty of Baez's friends and General Toussaint Boyer and his son were murdered. Grand Gosier, too, had becn sacked and Saltron burned down, From Lang Eyvoir, under date of July 20, 1am ad- vised that the town was no longer in possession of the insurgents, the government troops having eap- tured the place July 12, Generai Joseph Isabelle com- landing for Salnave. Provisions were very scarce, The sioop Definite arrived tere on the 2ith from Jeremie, after a passage of three days, She brought two female passengers. Her captain reports things quiet at Jeremie, Nothing of importance had been heard from the capital, The capture of Port‘au Prince was momentarily expected. The shooting of prisoners was eald to average six per day for each side, In Jeremie, like in Lans Evoir, provisions were scarce and very high, GENERAL INTELLIGENCE, Kidnapping little children has become quite & novel way of passing the Ure in Chicago. ‘The cattle disease has broken out in Dutchess county, and two men have been badiy poisoned by the virus. Chioroforming ladies travelling by night in rail way cars 18 among the most recent amusements at the fashionable watering places, going and re- turning. A monument to Thaddeus Stevens, in honor of his services in establishing the common school system of Pennsylvania, is suggested, and it is proposed that the money shall be raised by voluntary contributions from the schoolé, There are two thousand school districts in the State, nearly fourteen thot schools and eight hundred thonsand scholars, and one cent from each scholar would raise a fand of nearly $40,000. A Cvntovs Drvorcr Svrr.—Mrs, Martha V, Ster+ ling, by her next friend, Jefferson Jones, orings sutt against William H. Sterling for certain causes, and asks from the Circuit Court a decree of divorce, She says in her petition that Mr. Sterling was @ mono- maniac on the subject of shooting; that he ited ‘a loaded pistol at her time and again; he slept witht @ loaded pistol under his head; and he more than once that he would unload this pistol by plant- ing @ load in Mrs. Sterling. She says farther that fear and anxiety have made her sick, and that un- less she (to reilef legally she will die from excite- ment and from the suspension of a loaded pistol over her head.—St, Lowis Repudiwan, August 1% NEW YORK CITY THE COURTS. SUPREME COURT—CHAMBERS. Credit Mobilier Case, Before Judge Barnard. held over. wi Mr. Fullerton, for the defendants, objected to an adjournment because stayed. A motion for a removal to the brief submitted by the allowed to last Mon the court room and while Mr. Field had been dented, and should not be discharged, returnable the next day, "an A lengthened discussion here ensued as to what did take place on the occasion referred to, when eventu- ally the attorney who procured the discharge ex- plained that he had supposed the order to show cause to relate, not to the attachment, but as to whether Mr, Tuttle’s examination was to be con- tinued, Mr. Field presented a paj on which the dis- charge was endorsed and which was also a copy of “the attachment to the requesting tuat the dis- charge should be erased, which was done, Mr. Fullerton then applied for the discharge of the attachment on the nd that the ong al order for the examination of John Doe, under w name Mr, Tuttle was sued, was to obtaln testimony for the pare of a meee eS Lg ee re potion. and all connected pi were y an order of this Court until the determination of another motion before Mr, Tuttle was served. Mr, Field read the order of Judge Barnard modity- ing that order go as far as to permit plaintiffs to go on and aprpeare testimony to meet the motion for removal of the case into court. Mr. McFarlan, for the defendants, submitted that as an effort to take testimony on the motion for a renova the attachment was utterly without founda- nn. After some further argument The Court took the papers and adjourned all the motions to September 7, with an absolute stay in the meantime, except so far as related to the procuring of testimony and serving process in the cause. The Nicolson Pavement Case. John Jacod Astorand W. B, Astor vs. The Mayor, éc.—This case came up on a motion to dissolve an injunction restraining the Corporation trom paving Thirty-third street with the Nicolson pavement, The facts of the case have already appeared. The Court, having heard the arguments on both sides, took the papers and reserved judgment. The Councilmanic Imbroglio. This case is at a standstill. It was expected to have been heard yesterday afternoon, but the Coun- cilmen made no appearance in court. Decisions. Judge Barnard rendered judgment in the following case this morning:. Lena Bloom vs. Leopold Bloom.—Report of referee confirmed and judgment granted on the ground of a former marriage. SUPREME COURT—SPECIAL TERM. Claim Against a Surgeon. Before Judge Garvin. Walsh vs. Sayre.—This is an action claiming dam- ages stated at $10,000 for, as alleged in the com- plaint, a negligent and unskilful operation upon the infant child of the plamtiff. The case came up on® motion to amend the complaint upon several technical points. The counsel for defendant con- demned the action against his client as one brought to extort money, in answer to which the plaintii’s counsel stated that the action was brought upon the opinion of some of the most eminent surgeons in the city and that the child was injured for life. After hearing arguments of counsel the court al- lowed certain of the amendments, with costs, to abide the eveut of the trial. a Edwin James for plaintiff; P. J. Gage for defen- jant. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. Judge Brady rendered judgement in tne following case:— Salomon vs, O' Reilly.—I this matter the defend- nt must appear and submit to further exainiuation, CITY INTELLIGENCE. Tne WRATHER YESTERDAY.—The following record will show the ehanges in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s Pharmacy, 218 Broadway, HERALD Building:— Average temperature..........+ Average temperature Wednesday. For CALIFORNIA.—The North American Steamship Oompany’s steamer Guiding Star sailed for Aspin- wall yesterday morning with 500 passengers and 1,059 tons of freight, all for San Francisco. Foun Daownep.—The body of an unknown wo- man was found in the East river yesterday at the foot of pier 29. The remains were much decomposed and were taken to the Morgue for inquest. The re- mains of another woman were also found near pier 20 East river and removed to the Morgue. Coroner Keenan was duly notified. THE BURNING OF A MAIL.—A statement appeared In somes pt the evening papers of yesterday, giving the particuiars of the buruing of a wagon load of newspapers on the New Jersey Central Railroad. On inquiry at the Post Office, last night, it was ascer- tained that but twelve bags of newspapers were in- jurea by the fire, and that no letters were destroyed, Most of the papers injured will be redirected and sent to their destination by the Post Ofice authori- ties, FAaTaL ACCIDENT ON SurP Boann.—Yesterday morning, as the ship Nancy T. Bell was being towed up the harbor by the tug Gratitude, the hawser slipped in consequence of & cleat giving way, and struck Peter Shapleff, the foreman of the stevedores, with such force aa to kill him tustantly. The ship was brought to pler 21 East river, where the re- mains were deposited for the action of Coroner Fiyon. Deceased resided at 10 Essex street. Rice Berwken THR Bxcevsion, EMPint AND Fitenpsiir Rowing CLvss.—On Tuesday, the 18th, @ spirited race came off between three stx-oared gigs named respectively by the members of the Ex- ceisior, Empire and Friendship Rowing Clubs, The course was round Blackwell's Island, a distance of about five miles. The Exceistor crew won by a boat’s length, the time being twenty-seven minutes, The Frienc iship'boat came in secon, closely follow. e® by that of the Empire Ciud. MERTING OF FRUIT AND FLOWER Gnow®ns.—The Fruit and Flower Growers’ Club held a meeting yes- terday at their rooms, No. 246 Broadway, Alderman Ely presiding. After ashort discussion on fruit cul- ture the committee appointed for the rpose awarded the following premiums:—To John Hender- son, of Flushing, L. 1, Le ar of $5 for best collection of gladiolas; to C. 8. Allen, of Brook- lyn, special premium for second best collection, The other exhibitors were C. 8. Pell, of Seventy-fourth street and Broadway; William Davison and Mrs, Cavanagh, of Brooklyn, THE CANAL Street BUILDING CasvaLTY.—The in- quost over the remains of Mary F. Fallon; who met her death by the fall of a portion of the building Nos, 208 and 20 Canal street on the 13th inst., was re- sumed yesterday by Coroner Fiyna. The evidence of Noah Wheaton, who resides at hty-eighth North river, and who occupied the premises in Canal street for six or seven irs, Went far to biiah the allegation that the floors were unsale ir heavy worl homas Ryan, of 967 Second ay nue, testified that he occupied the premises for eighteen months and observed during that time that the ceiling was continually falting. He complaiued to Mr, Dimmick, the owner, but was told reply that he never occupied a stronger building. The = Of other witnesses Was postponed until to- SALB OF Dasiccoaren Foon.—Yesterday forenoon, by order of the Chief of the Subsistence Department of the United States Army for the East, there were sold at the auction rooms, 112 Pearl street, upwards Of 8,000 cases of desiccated vegetable food, consist ing principally of potatoes and “mixed vegetables,’ in boxes apd tin cases of from sixty to seventy gy each. Although this food came under what in the army 1s calied “eondemned subsistence,” it yet on examination proved in the majority of in- wtances to be perfectly sound and even suitable The Union Pacific Railroad Company and James Fish, Jr., vs. The Union Pacific Railroaa Company, the Credit Modlier and Others.—This case was previously before the courton motion to dis- charge Mr. Tuttle from an attachment for contempt in not appearing before the referee, It came up yes- terday on a similar motion and two others, It was suggested by the Court that the motions should be Mr. Field, who appeared for the plaintiff, sald he blr willing that their hearing should be proceeded there was really nothing be- fore the court. The motion for an injunction was nited States courts, aside from the fact that no motion was ne- cessary, had been argued some weeks before, & full other motion, the writ of attachment was already. Se, Mr. Field submitted that it had not been dis- Mr. Fullerton—It has, Mr. Field’s partner was in- formed of it immediately after it was obtained in ‘Was pres en Mr. Field said he had heard from his partner that an order had been surreptitiously obtained after it an order to show cause why it for immediate use, In some of the cases which had been exposed to rust and moisture the food did not show 80 well, but still it was not so utterly spoiled that it could not be safely given to pigs, horses and miich cows, That the desiccated prepa- rations were as merehantabie, it is only ne- cessary to say that of the 3,825 cases offered for sale upwards of 3,000 were immediately purchased, at prices, however, varying from 1340, to be. per pound. ery much of various pre] tious, we were in- formed, were purchased for ment to places where they will command suficient to pay the expenses of carriage and leave a margin besides as a profit on the speculation, There were few present at the sale, and as only those who are thoroughly acquainted with the character of the preparations offered dared bid these had matters all thelr own way, aud hence the low figures given above. POLICE INTELLIGENCE, STzALING 4 WATCH.—A man named John H. Wil- son was arraigned before Justice Dodge yesterday afternoon, charged with stealing a watch and chain from Phillip Cooper, No, 142 West Twenty-second treet. He was committed in default of $500 bail. BounpD To Hava a RrpE.—A young man named Adam Syfest was brought before Justice Dodge yes- terday afternoon, charged with stealing a horse and ‘wagon from John W. Eberhein and Francis Hundt le ra, corner of West Tenth street an Washington street. The accused was found in pos- seasion Of the horse and wagon at the Christopher street ferry, inthe act of crossing to Hoboken, He ‘Was held to ball in the gum of $1,000. ¥ALam PRETENOES.—Wm. Kroten, of No. 91 Cham- bers street, a native of Germany and a bookkeeper, ‘was arraigned before Alderman Ouddy yesterday, at the Tombs, to answer a charge of false pretences Peck by John Burke, of No. 89 East Broadway. e compl: Stated that he had sold the accused $116 worth of toy on the 20th of September, 1867, on account of the firm of Kroten, Muller & Co., and had failed to obtain pay therefor, as the prisoner had retired from the firm a few days before the pur- or The accused was held for trial in default of BOARD OF HEALTH. Important Action Respecting Port Quarantine Regulation—The Sloop Four Brothers Again—Cattle Driving. The Board met yesterday at two o'clock, President George B. Linooln in the chair, all the members be- ing present, The Attorney of the Board presented a number of general and special orders against nuisances, which he asked to be entered in the usual form. So ‘ordered, Also complaints against twenty-five tenement Houses for violations of the health code. A complaint against the condition of a sewer con- nected with a brewery in Edgewater, S. I., was handed in and referred to trustees of that village. Counsel of the Board presented an amended ordl- nance to provide against cross dogs running loose in the town of Edgewater, which was adopted. Also an ordinance regulating the removal of Manure through the cities of New York and Brook- lyn, to which, at the suggestion of the President, a provision was annexed conferring discretionary power upon the Sanitary Superintendent and assist- ant respectively to grant special permits. Adopted. PORT QUARANTINE REGULATIONS, The opinion of counsel, called for by resolution, as +0 the power of the Board to compel vessels to report to the Board and obtain its permit to discharge cargo after having been released from Quarantine, and in what manner such power should be exercised, and is in substance as follows:— “That by the Health taws, as at presentin force, no person whatever has a right to go on board a vessel after it has received a permit from the Health Oflicer at Quarantine until the permit 1s exhibited to the Board of Health and its approval received, the con- signees alone excepted.” After considerable discussion upon the foregoing opinion the following resolution prepared, by coun- sel, Was presented and adopted:— Resolved, That it be the duty of the superintendent in New York and of the assistant superintendent in Brooklyn to re- ort to this Board for its action the name and position, with @ facts as to danger to health therefrom, aud the names of the owners and consignees, of any vessel that has conn within loss than three hundred feet of an} city without first having obtained a THR SLOOP FOUR BROTHERS, The report of the paniery Superintendent, who was instructed at the last meeting of the Board to exam- ine this vessel, was handed in and read, setting forth that such examination was rendered unnecessary by the removal of the sloop the day previous. A complaint from a number of residents of Tomp- kinsville, off which place it appears the sloop now lies, was read, ig which her removal ts asked fon, Dr. SWINBURNB addressed the Board in behalf of the prayer of the petitioners, and charging the Board with neglect of duty in not acting peomeey, upoa the information ae j mee by him previously. Judge BoswortH Inguired of the Health OMcer if in bis opinion any a, is likely to result to any inhabitant of Staten Island from the sloop Four Brothers where she now lies, Dr. SWINBURNE sald that was not it. After much argument the following order, drawn 1 dock fn either said m this Board. by the counsel, was presented :— It appearing to this Board y the stgtement of the Health Oiicer that the sloop Four Brdthers is now in such ition and condition that the same ts detri- mental to the public health, it is ordered that the superintendent do promptly remove said vessel te some suitable point in the Lower bay where the same will not endanger the public health, and that the Board of Police be requested to render all needed assistance in the execution of this order. Judge Bosworru cailed for the yeas and nays, which, being taken, it was so ordered. An application was handed in for a permit from the Board to erect a slaughter house tn Forty-seventh street, east of First avenue, the applicant promising to erect a model establishment, 150 by 100 feet in size. Permission was granted conditional upon a cg eg with present and future regulations of Judge Bosworth, from the Committee on Law and Ordinances, reported an ordinance regulating the driving of cattle through the streets similar to that in force before the Board was enjoined from the ex- ercise of any authority Ja this regard, except as to the streets named, and with the addition of @ clause permitting droves of cattle landed north of Thirty-ninth street to be driven to any cattle = without limit as to number, provided they be accompanied by at least one driver to every twenty head, which was adopted, The following are the streets named in the ordinance as amended:—si West, Clarkson, Carmine, Amity, Great Jones, Third and Corlears streets in their entire lengths; Battery place, from West to State; Whitehall, from State to South ferry; First and Eleventh avenues in their entire lengths south of Fortieth street; Sixth avenue, from Carmine to Amity; Tenth avenue, from Thirty-third street to Fortieth street; Thirteenth avenue, from Eleventh avenue to Little Twelfth street; Little Twelfth street, from West to Thirteenth avenue; Thirty-third street, from Tenth to Eleventh avenue: Goerck, from Third sireet to Stanton; Stanton etreet, from Goerck to eet Mangin street, from; Stanton to Grand; South street, from Burling slip to Corlears; Forty- second street in its entire length; Forty-fifin street, from First to Second avenue; Sixtieth street, from Eighth to Tenth avenne; the transverse road through Central Park at Seventy-ninth street; Ninety-secoud street, from ‘Third avenue to Astoria ferry; Ninety-fourth street, trom Third to Bighth avenue; 110th street, from Sec- ond to Eighth avenue; 125th street, from Eighth ave- nue to Manhattan street; Manhattan street, in entire length; t, Second and Eleventu avenues, in their entire lea; th vorth of Fortieth street; Third avenue, between Ninoty-second and 110th streets; Fifth avenue, between Seventy-ninth and 110th streets; Eighth avenue, from Sixtiech street to Ma- comb’s Dam road; Macomb's Dam road in tt entire length, and Tenth avenue, from Forty-first to Six- Heth street. Judge BoswortH moved that the foreroing ordi. nance and the others adopted at the present meeting Ag be printed, as required by law. So ordered. The Board thereupon adjourned to Tuesday next, at two o'clock. WOT AT BATH, L. Rowdles on the Rampzge at Bath, L. L—An Officer Beaten Severely. ‘The rufMans who infest Unionville and other small villages surrounding Bath made themselves particu- Jarly offensive to the guests at the Bath Hotel on Wednesday evening, the occasion of the “hop” held there, It appears that there had been a crowd of these rough country “poltroons’’ loafing about the hotel grounds, peering in through the windows of the ball room and edging thefr way upon the portico, whiere they availed "themselves of every opportunity to step on ladies’ dresses as they swept by or to Jontie, accidentally as it were, against the gentlemen. ‘They shuMed into the barroom aiso in numbers and drank whenever they comld get any person sufti- ciently intimidated to pay for their liquor. Immedi- ately after the bar had been closed for the night, in ac- lance with the Excise law, they become noisy and demonstrative in their demands for admission and more strong drink, The proprietor ordered them oif the premises, but of going away they burst open the door of the m and for a brief spaee of time held full ion, when oficers Cour, Cortelyou and Gear, wlio were on duty in the vicinity of the bail room, were summoned, and after considerable resistance drove out the roughs. Soon after officer Gear went out into the road to see whether yl had all gone away. ,His cries for help were soon heard by his comrades, who, rushing out to the road, found Gear laying ingenaible ina man’s arms. It appears by as soon as he made his appearance & party the ruttians set upon him and beat him unmerct- fully and fractured his skull by a blow on the head dealt wig a wine bottle. They then made off before the other officers could come to his rescue. Oflicer Gear is a young and efficient officer and resides ta High street, where he is now condued to his bed ‘and is in a critical condition. — ee ! NEW JERSEY. nmrmaecnnann Jersey City. A MAN Founp DrowNep,—Yesterday morning the body of an unknown mati was found in a nude state floating in the water under the railroad bridg@ across the Passaic. It is believed that he came fing New York a few days ago for the purpose of fishin; in the river, Justice Alien was notified and will hol an inquest, ARREST OF AN ALLEGED Fuaitive Tu1er.—A few days ago a man named William P, Holden was art rested by detective Nugent at the Long Dock, on susé Picion of “stealing @ carpet bag.” It has since transpired, however, that the real cause of his arre: was a charge of stealing a gold watch and chain an $1,500 in the month of March from the American Ex, press Company at Cedar Springs, Michigan, M. Uady, deputy marshal from Michigan, arrived in thi city yesterday and will seek a requisition from Goy. ernor Ward, After the alleged robbery Holden fh to Canada, and came thence to New Jersey and wag: employed as a brakeman on Uie Erie Kallroad, when he Was apprehended, Newark. RAILROAD ACCIDENT.—Yesterday while a mam named Gallfiried Gautz, of No. 437 South Seventty street, Jersey City, was stepping off a train at thet Market street depot he accidentally fell under thé wheels and was injured shockingly in the lower in« testines and right arm. The latter was subsequently, amputated. Although very low itis quite possible that he may live. Eye witnessessay that it is a mtray ga how be escaped with life, His wife was sent for. MEETING OF THE Essex COUNTY FREBHOLDERS.—A, special meeting of the Board of Chosen Freeholderd of Essex county was held at the Court House yester¢ day afternoon, for the purpose of taking action leade ing to the construction of a new bridge across ih Morris Canal at Sussex avenue. A commitice was appointed to take charge of ti titer. A le ew ‘was read inet charge! a certain br ig¢ committee by Mr. Charles H. Wheeler, a contra ‘ori He says that although he o/fered the lowest bid fr 4 ceria Baers, principally by means of “bor 1s" thrown out an jored by ti: committee, ~ ri SERIOUS AFFRAY—A POLICEMAN BADLY HU °.—~< About ten o’clock on Wednesday night a disturi» acq took place in front ofa lager beer salaon, ke.» by- one Henry Hausling, on the corner of Marke: aud Catharine streets, in the course of which the | . ter: was badly cut about the head witha stone. T . ak leged perpetrator, a young man of respectab a nections, named Samuel Day, was taken into ci. .o ty by officer Edward Smith. Whileon the way ‘i¢ station some firlends of the prisoner atte ted @ rescue, and in the scuffle Day aged to get loose from the officer seizing his club, the wrist string of w broken, he struck the policeman several hes on the skull, which had the effect of felling the ground. He then skedaddled, but was oe found secreted in the upper poe ot ket street. In the meantime the injure: . was removed in a state of insensibility to a cent drug store, where proper restoratives w: Dlied and his wounds attended to. He was : walk home, but is frightfully bruised about th. Day was brought befcre a massirane yester admitted to bail in the sum of $800. BROOKLYN INTELLIGENCE. DRownNING.—Peter Wilson, while engage) Da day afternoon in a diving bell at the Navy ¥ as drowned. A DANGEROUS FALL.—Mr. George A. S 1¢ painting the front of his house, No. 79 an street, yesterday afternoon, fell from his to the area below, his head coming in contact w na flags. The physician called in pronounce ne jury sustained to be not of a serious nature. BURGLARY AND ROBBERY AT GREEN?O!< he silk button factory of J. L. Smith & Co., #!°: im Kent street, near Franklin, Greenpoint, wa» ed by thieves on Wednesday ht and 1% on stoek valued at $2,000, The desk in i oftice of the firm was also broken open an’: m+ ined, but the thieves missed a $500 check « C1 valuables, The police of the Forty-seventi act were yeaterday notified of the robbery. SNEAK THIEF.—A sneak thief called at No. Pope lar street on Wednesday last, under the pre 0) of seeking a boarding house, and while left alo:.. |. an pea by the landlady he managed to y« aid of a gold watch, a diamond ring and other mi: are ticles of portable value to the amount of ¢4) ah which he took a hasty departure from the pre .. 1ea and has not since been seen. ALLEGED ASSAULT AND Barrany.—Yes © jay Thomas Peyton, a young man who was pa ven on one of the Fifth avenue line of cars, had ad: ate with the conductor, Henry Weiraush, about bi ure, in the course of which Peyton picked up the rom hook Lt i kag the front platform and struc the conductor a blow on tie head, inflicting a+ ‘ere wound. Peyton was taken before Justice Cort. velly and was sent to jail to await examination, Svicip# BY HaNGING.—Jobn Heath, an En, tishe man, fifty-three years of age, reaiding at i Atie street, hung himself yesterday morning. It appearg that he rose from his bed during the night and wen@ down stairs; as he did not return in a reasonabi@ time his wife began to feel uneasy and went do: in search of him, when she found him suspended a rope from one of the beams in the cellar. The di tressed wife at once alarmed the neighbors, whe came to her aid. When the body of deceased wag cut down it was evident enough that life was exé tinct. Deceased was a sober and industrious man, but subject to fits of despondency. On Wednesday: night he seemed to be in excellent heaiif and spirits, Coroner Flavin heid an inquest on the bodyy when a verdict was rendered to the effect that des ceased committed suicide while laboring under teme porary mental aberration. SUFFOCATION OF TWO MEN IN A DIVING BELL AT THR Navy Yarp.—Peter Wilson and James Cailigan, twq men employed as divers at the Brooklyn Navy Yard, were suffocated yesterday afternoon. It a: that for several days past a party of divers have been engaged in removing the accumulations river mud and debris, which checked the sew leading to the ary dock in the navy yard, for the pur ose of clearing that important passage which ome obstructed. This work Was done by m of a very large diving bell, capabie of containing eight or ten persons at a time, The unfortuni men aboved named had been at work beneath thé surface for a considerable length of time yesterday when a rapid and energetic twitching of the signal rope announced to the men above the water thas there was something wrong below and they tmmes diately hoisted up the beli, when it was found Wiison was dead while Calligan was lying inse: bie. It was ascertained that the alr valve had bee come choked up and failed to furnish air. Calligag may possibly recover, thoagh his case is exceeds ingly critical. WESTCHESTER INTELLIGENCE. DARING ATTEMPTED RowsERY AT MoRnISANIA.—w~ The residence of Mr. Upton, on Grove avenue, Mors risanta, Was entered by barglars on Wednewlay night, during the absence of the family; but while the rogues were engaged in taking up the carpote and packing up all the movable articles in the house a son-in-law of Mr. Upton returned from the eity and found the robbers in full possession and immedis ately fired upon them with his'reyolver, which cause® them to make @ hasty fight from the premises. After procuring the assistance of Justice Hauptmarm and a police force they proceeded to make an exam- ination of the house and then ascertained the tru@ State of affairs, It is evident that the rogues had relied upon the absence of the members of Mr, U ton's faml'y and indulged freely in testing the quale ity of some prime Holland gin, which they foun stored in one of the rooms, In the yard was foun a large bundie, containing ae), icles of value, ready for removal in some vehic! ipposed to have been near by at the time. Boston TURNPIKE.—At a meeting of the commise sioners having charge of the regrading of the olf Boston Post road, or Westchester turnpike, and macadamizing the same from the Morrisania town, Itne to the Byram river, held at New Rochelle om. Wednesday last, the three civil engineers engaged. to makesurveys of as many divisions of the road presented their respective reports, which were ace cepted. Between West Farms and East Chester town lines considerable cutting down of hills and filling of hollows will be necessary, and some pro jecting points of rocks will be removed in order to Straighten the road. Instead of macadamizing the Toad as contemplated and authorized by the act Legisiature two of the engineers recommend that @ layer of stone, with a heavy coating of sand, be used. No definite action, however, was taken-in th@® matter. (cnessestitetermancnetenitite OBITUARY, Major JoHN D, BatLy, acentioman widely known Im the city in connection with the press and the National Guard, died yesterday. Major Baily was formerly @ member of the Seventh reyiment, and subsequently @ Major on General Postley’s stat of National Guard cavalry. He was besides connected with the pres@ of New York for twenty years, and for @ long tine occupied the position of military reporter for the Herat. Major Bally was also @ member of No. 22 © company. He was justly considered @ good critic on military matters, and was @ careful and painstaking reporter of National Guar® news, He had many friends by whom he was greatly esteemed. His upright and manly character recom~ mended him to all Wwio were conuected with him on the press, and endeared him to those who knew hua socially. He died in this city yesterday, after a short idness, and his remains wil be interred op Sunday ‘With millwry boners.