The New York Herald Newspaper, October 1, 1868, Page 4

4 NEW YORK CITY. THE COURi ®* TED STATES DISTRICT COVRT—IN BANKRUPTCY. Compulsory Adjudication in Bankruptcy Dine charged. Before Judge Blachford. Im the Matter of Asa Crast.—In this case an ad- fodication tn compulsory bankruptcy had been igsued and an appeal against the decision of Judge ed. eae tie appiicatian Of f£dwin James, counsel for the bankrupt, and by the consent of Benedict & Boardman} t for the petitioning creditors, an order was made discontinuing all further proceedings in the bankruptcy. | { asmieal { legal dimicalties whl NEW YORK HERALD, THURSDAY, OCTOBER |, :1868.—TRIPLE, SHEET. a sonahie profit for to-day that would be no criterion for t-morrow, © we are asked to construe he term as having reference to a ‘be ascertamed by outside evidence, and to 8] enforce the con- tract so long as such it shall continue during the joint lives of the ‘This would tn- Voive our decreeing that to be table which one of the parties declares to be unprofitable, Apart from the Suggested and from certain need not be discussed, it would require us to take from time to time of the Snesanesima 1 S30 eee Greer ond to keep a running adju ion upon | Te@son- able un proilts. Before anything approxi- Mating to @ correct or certain result could be arrived at the ingulr would neces: extend over a vari- ety of sul vray such as the effect of the location of the theatre, the character of the pieces and artists, the business transacted at rival establishments, and @ com mn of counter attractions, the bare men- tion of which demonstrates the impracticability of the course proposed. I have considered the question in every pomt of view, and the more I reflect over it UNITED STATES COMMISSIONERS’ COURT. The Lottery Cases—Two of the Alleged Policy Dealers Held for Trial, {Before Commissioner Osborn.) The United States vs. James Thomas and John Farley.—The defendants are two of the parties who were arrested on Monday last on a charge preferred by T. F. Matteson, Deputy Collector of the Thirty-sec- ond district, of carrying on the business of policy dealers without paying the specia! tax required by law. The defendants are proceeded against sepa- rately. The papers charged to be policy papers were put in evidence, and are mere slips of paper— one, the first before the Court, bearing the following characters, supposed so be in (he handwriting of the deiendant Sept, 22. PTH Wo 08. Kent. Old, $1150 g. 0— Int 18 Nos. David Tendo, an expert, engaged in the lottery business for twelve years, was examined by the Commissioner on the part of the prosecution. He tes+ tifled that the figures as above were a combination making the paper itself a policy paper; the letter G in combination with the figures is known as a gig; if these figures come up in combina: Mu any lotiery office, the hoider of the paper is entit ed, having pail ton centsfor tt at the office,to re: eive ten dollar ; the payer in question is known as a ‘policy of num- bers” or “policy number,” Cross-examined by Mr. Adams—Q. Does the policy business have anything to do with lotteries? A, Not that I Know of, Q. And the policy business could be carried on by parties not at all connected with lottery business A. I should judge so, Q. Have the managers of the lotiery business any- thing to do with this policy business? A, Not that 1 know oi. Q. It is altogether a different business? A. I pre- sume itis, Q. And any set of numbers can be taken as the basis of this business? A. Yes, By the Commissioner—Supposing you had ascer- tained that this combination of numbers had been drawn, or any combination of nuimbers you might have purchased had been drawn, and you had ascer- tained this in any lottery office where the letters had been displayed, where would you go for the amount named on the paper—ten doilars in this case? A. I would go for the payment to the otice where I had Fi cma it—to the man I had paid the ten cents to or The witness was further examined, both direct and cross, but the foregoing portions of his testi- timony were principally important. At the close of the examination Mr, Adams, coun- sel for the defendant, moved for his disctmrge on the ground that the evidence showed that this policy and lottery business were two distinct businesses, and that the act of the defendant could not be made an offence under the lottery law; also that it was not proved that the defendant had written or issued, sold or received payment for the paper designated a Policy paper. Counsel moved for the dismissal of the complaint and the discharge of the defendant on the ground, further, that the statute as amended, and under which defendant was held and proceeded against, did not authorize criminal recesses for 1 ake of the special tax in cases of this The Commissioner denied the motions. The de- fendant being committe j for triai his previous bail was surrendered, when fresh bail in the same amount was given. Inthe case of the other defen- dant (Farreil) evidence was given that he solda policy, Paper similar (with the exception of the num- rs) to the one described, and that he filied up the pay r and received payment for it, Farrell was also eld for trial. It would appear that these cases are but prelimin- to the principal case to “ome up before the Com- missioner on Saturday next, when the main point raised by the defence will be ably discussed and what turns upon the question of the payment of the bonds required by law to be paid by “a dealers. It appears that in the lottery business it is neces- sary to furnish bonds known as lottery managers’ ponds, and which give to the lottery managers a Seecpoy of the business, It will be shown that the rin! oe defendants in these suits presented some ime since to the several collectors in the Internal Revenue districts their own bonds, which it appears on revoked by the Commissioner of Internal evenue, They then presented United States bonds, which were also refused, and the consequence is the oe prosecution, The question will be argued the United States District Court, before Judge Blatchford. Mr. Fullerton, assisted by Mr. 8. G. dams, appears for the defendants; United States istrict Attorney Courtney for the government, The result of the case is looked forward to with much interes:. COURT OF APPEALS. A Life Insurance CasemImportant Questi Before the Full Bench. The Hope Mutual Life Insurance Company, Re- apondents, vs. Dennis Perkins, Appellant.—This case, which involves an important question to life insu- rance companies, was heard yesterday. This com- pany was incorporated by a law of the State of Con- necticut in May, 1846. By the charter subscriptions for policies to the amount of $100,000 were required before organization. This clause being complied with, the compagy organized and commenced busi- ness March 15, 184i. Im April, i847, aa agree- ment was entered into by various parties to guar- atitee paymeut of losses, and in pursuance of this agreement a note for $2,500 was given by the defend- aut. The company having failed in 1863, and being put into the hands of a receiver, he was sued on this note and a decision rendered agatnst him. An ap- peal having been taken on nis part tt was argued to- day that the company was not authorized to raise @ uurantee fund in this manner, and that if the power 0 do 30 was taken by it under an assumption of power not granted it was void as a corporate act, and besides was not o.ligatory on defendant for want of mutuality or of any sufficiegt consideration. Decision reserved. Responsibility of Masters te Emp!oyes. the clearer is my opinion that this covenant is void for uncertainty. The injunction must therefore be dissolved. Motion to dissolve injunction granted With ten dollars costs, ‘The following is the calendar for to-day:—Nos. 11 to 25—both inclusive. CITY INTELLIGENCE. Tre WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at idnut’s pharmacy, 218 Broadway, HERALD Building:- 3A. M. 6A. M. Average temperature ACCIDENT ON SHIPBOARD.—Francls McGivney, re- siding in Cherry street, near Scammel, fell from the rigging of the ship General McClellan, lying at pier 12 East river, Tuesday efternoon, and was severely injured, He was taken to the City Hospital, ACCIDENT IN A SUIPYARD.—Thomas Scott, forty- nine years of age residing in Williamsburg, while at work in Webb's shipyard on Tuesday last, at the foot of Sixth street, was a cidentally cut in the ankle by a broadaxe and severely injured. He was taken to Believue Hospi al. EXPLOS10ON.—About three o'clock on Tuesday after- boon @ large box (candle box) of percussion caps exploded in the basement of 152 Eighth avenue, oceupied by William Fitzpatrick, gunsmith, causing considerable excitement in the neighborhood, but fortunately no farther damage. COWHIDING AFFAIR.—A misunderstanding oc- curred yesterday afternoon atthe corner of Cedar street and Trinity place, between two Custom House carmen, which resulted in one of ie parties receiv- ing from the other a severe application of a raw cow- hide. The casus belli between the combatants did not transpire. OuR Coasting TrApE.—The regulations from the Treasury Department in reierence to the merchant coasting trade between the Atlantic and Pacific coasts will be carried into effect at this port on the Ist proximo, except in the cases of vessels which snall have been partially laden at the time an- nounced, Tue ELEVATED RAILWAY.—The Board of Commis- sioners of the Elevated Rallway held a meeting yes- terday and agreed unanimously to approve the works now in progress in Greenwich street. This gives the constructing company full rights in the premises without retevence to tle Common Council, the Legislature having interdicted them from inter- fering with its construction or operation after the works bad been approved by the Commissioners. Fracas IN BAXTER S7ReET.—About @ quarter before one o’clock yesterday morning John Devine and Edward Francy became engaged in an altercation at their residence, No. 35 Baxter street, in the course of which Franey bit a piece out of Devine’s lower lip and Devine struck Franey over the head with a chisel, cutting him severely. th coim- batants were arrested, FATAL ACCIDENT TO 4 SEAMAN.—Coroner Rollins yesterday held an inquest at Mount Sinai Hospital on the body of Edward A. Cole, recentiy mate on board the schooner Northern Light, lying at the foot of rwenty-fourth street, North river, whose death ‘was the result of injuries received by a block from the foretop of the vessel failing upon his iead on ‘Tuesday last. Mr. Cole was forty-seven years of age and a native of Maine. DEATH OF AN UNKNOWN WoMAN.—About three ‘weeks ago @ woman, who is now unknown, fell down a flight of stairs at the Pavonia House, No. 182 West street, and fractured her skull. She was con- veyed to Bellevue Hospital in a state of insensibility, in which condition she remained tiil yesterday, when she died. Coroner Rollins, who has been notified, will hold an inquest on the body to-day. The age and nativity of deceased did not transpire. SUICIDE IN A STATION Hovse.—Jacob Weyman, forty-three years of age, a native of Austria, arrested Tuesday afternoon, about six o'clock, for disorderly conduct, by officer Pittman, of the Sixth precinct, and locked up, was found suspended by his necktie to his cell door in the Sixth ward station house yes- terday morning, at five o'clock. He was cut down by doorman Vyse before life was extinct, but died while being conveyed to Bellevue Hospital. COMMISSIONERS OF EMIGRATION.—The semi-mo nth ly statement of this Board shows, as foliows:—Num- ber of emigrants arrived to September 23, 1963, 169,004; number arrived since to 20th, 2,087, making the total to date, 171,041. Ty same date in 1s07, 3,863, The fluaucial account Of tue Board is as —Baiance in bank January 1, 1868, $65,60 Aggregate receipts to september 30, $453,588. Total, $522,288. Disbursements as per previous accounts to September 23, 1563, $395,957. Balance on hand, $128,251. Scranton COAL Sate.—The regular monthly anction sale of Scranton coal was held yesterday afternoon at No. 20 Exchange place, There was quite a large attendance of buyers, and bidding was very brisk. Sixty*thousan® tons were disposed of under the hammer at the following prices, which show an average increase of nearly one dollar per ton over last month's sales:—14,000 tons Iump at $5 215s, 15,000 tons steamboat at $6 50, 10,000 tons grate at $6 07, 3,000 tons egg at $6 54, 10,000 tons Stove at $6 84, 8,000 tons chestnat at $5 59%. BOARD OF POLICE.--President Acton was engaged the greater part of the day, yesterday in hearing testimony in complaints preferred by citizens against policemen for excessive zeal or dereliction of duty. Lucy A. Warner, Administruiriz, &c., h@ yon en’, ws. The bi Railway Company, Appellants, case was before the Court on an appeal from the general term of the Supreme Court in the Eighth District (Buffalo, N. Y.), where the case was tried before Justice Daniels on March 7, 1867. The plain- tiffs husbaad while in the employ of the defendant was killed by the falling of a train upon which he Tpan of a bridge over ite Connocton river, at Painted span of & over jocton river, Post, on May 4, 1865, sl "to recover of her husband, The case went to the bo the sole a *whether the of Directors of de- fendants, in the exercise of such reasonable care, skill and diligence as might pi be re- uired from them, ought not to have wn that the bridge was unsafe. And thatif such was the fact and the bridge was maintained iu its unsafe condition and thereby the accident occurred the defendants were liable. ‘The defendants’ counsel asked the court to in- struct the jury that in order to charge the defendants it was necessary to show that decay in the bridge, if it fell from decay, was known by some no- tice or otherwise to the president and directors. The court to so Instruct the jury without qualit- cation, Exe jon was then taken to this ruling. ‘The ptaintif got a verdict for $5,0 0 damages. motion was then made for a new trial, but was de- nied by the Court. Amvoug other points raised by the defendants they claimed (lat they were not liable, as the deceased was theiremployé, and that there was no evidence showing any or ssion to perform any duty they owed to the deceased as their employé, They also claimed, nou-liability, as the deceased was tleir employ’, unless the evidence established megligeace on thelr part as his master, and algo that they were not Hab € for the negligence of the fellow servante of the decease t. The urguinents of counsel on both sides having been heard te Court reserved its decision COURT OF COMMON PLEAS—SPECIAL TEM. “The Foul Piny” and “1868” Comedy Im. broulio.: James T. Lloyd vs, William was rendered in this case yesterday dissoiving an injunction granted setting aside a contract entered Into between the plainth? and defend int for the pro- duction at the New York theatre oi the piece known as “Foul Play.” An injunction had been obtained by the defendant restraining the piaintiff from tar- ther use of the theatre and it was to dissolve this in- Junction that the motion was brought which has been denied. The gist of the case will be seen fiom the subjoiaed opinion:— The covenant to extend the time so jonm as |i ves “mutually profitabie’ t# indefinite as to the and uncertain as to the amount. The term “mutually profitable’ does not contemplate the mere excess of receipts over the expenditures, nor even a fair and ordinary profit, but the absolute sat- isfaction of both parties. The law can lay down no jury fixed rule apon the subject, for that only is ory ie which each party esteenis to be Sry table to one may be unprofitatte to other. But were it possible to de‘iue a fair and r | Worrell,—Devision The majority of the cases were of unprovoked clubbing on the part of the officers, the testimony generally exhibiting @ too great indifference in many officers for the rights of citizens, The interest as well as @ great eect on the force, however, lost by the delay on the part of the in rendering its decision and de- ciaring judgment in the several compiaints, which is never announced on the day of triai and 1s privately expressed. Sate oF A VALUABLE Liprary.—The valuable private library of Captain Hervey. of Oakwood, N. J., was sold by auction on Tuesday night at the salesrooma of Leavitt, Strebeigh & Co., in Clinton Hall. The collection contained some very rare books, which were eagerly bought at high prices. Bar's “Receuil de Tous les Costumes des Orders Religieux et Militaires, avec un Abi Historique ot Chrono- logique,” in five volum rin in Paris in 1778-86, sold for $160; Boydell’s “Shakspeare Gal- lery,” $100; Bell and bolby's annotated edition of the “British Poets,” fifty-two volumes, $104; Drum- mond’s “Noble English Families,” $110; “Fincyclo- pedia Britannica,’ $198, and “iyron,” illustrated ‘with 200 portraits, six volumes, $104, Somewhat MystTeniovs.—Last Monday night Jacob Diseldorf, a German, fifty years of age, ac- companied by his wife and two daughters, attended a Mp in Sixth avenue, and before it was over Dis- eldorf leit his hat and coat behind the bar in the saloon and went into the street. Subsequently he was found lying insonsible on the sidewalk near the corner of Sevenih avenue and Thirty-ninth | street and conveyed to the Twentieth precinct station house, when the officer in charge thoagt Diseldorf to be intoxicated. Not being restored to consciousness, however, a physiclan was called and on making a8 examination of the patient decited that he hadsoime diiculty of the brain, Mr. Wivetdorf, by advice of the physician, was conveyed to beilevuc Hospital. where he sank fradually till ‘Theaday night, when death ensued. fiow or in what man- ner the deceased received the fatal injuries ts yet uu- known, but may be developed before Coroner Kol- lina, Who has been notified to hoid an luquest. De- ceased lived at 640 West Fifty-fourth street, SUICIDE OP A PRISONER IN A CRLL.—On Tuesday evening Jacob Wenick, ® Bohemian, forty-three Years of age, who lived at No. 217 avenue C, became very disorderly in his own apartments, broke up his | furniture and made himself generally offensive to | almost everyhody on the ises, Officer Pitman, of the Eighteenth precinct, being calied In ar: rested Wenick aud locked him up in the station house for the night om @ charge of disor. derly condnet. At intervals during the night doorman Vyae looked into the cell and saw Wenick appare at asleep, At hail-past five o'clock yester day raorning the doorman discovered Wealck hi ing by the neck to the cell door by means of his handkerchief, which he hi use. t for the purpose, ck was immediately cut down, and life not then being extinct, the police conveyed him to Belle- vue Hospital, where death ensued soon afterward Coroner Rollins beld an inquest on the body, and @ verdict in accordance with the foregoing facta was rendered by the jury. Deceased, woo was a cigar maker, was forty-three years of age. Pins ingWast TWENTY FOURTH Sreeer.—Reiween ; Seven and eight o'clock last evening a fire broke ont in a two story frame building, rear of 109 and 111 ‘West Twenty-fourth street, by McDougall 4 Gardner, dyers. The fire when first seen was in the vic tho vicinity of the ary room; be ee roof, the upper ap sopeease with @ y the stock, the estimated value of amounts to about $2,500; there is an insurance of $5,000 on the stock in the lowing companies:—Relief, Brooklyn, Phoenix, Hamilton and Williamsburg City. damage done to the building 1s about $600. owned by James Barber is insured for $1,200. Mr. Gardner states that he closed the factory at six o'clock, the usual time, and no one was in there after that time to his knowledge,’ He cannot ac- = forghe fire, unless it came from the furnace jue, POLICE INTELLIGENCE. BEATING A POLIORMAN.—OMicer James Smith, of the Eleventh precinct, yesterday, before Judge Shandley, of the Besex Market Police Court, pre- ferred a comp'aint of assault and battery against Thomas Costello, who, he says, ‘beat him with his flats.” ‘The officer when m claimed to be mn the if his duty. Costello gave bail to answer CHARGE OF FELONIOUS ASSAULT.—John Smith, but whe'her a descendant of the great original of this name did not.transpire, was yesterday accused be- fore Judge Shandley, of the Essex Market Police name of Christ); and this solemn Jouncil was brought | e: the wantonness, to a close, Lie The despatch with which the'delfberations of the | the “m. ” and Synod were completed at two o'clock P. M. ig mainly May I ask that you will give this matter due to the rubrical learning and [any tact | attextion, of Father Quinn, of St. Peter's, The duties of @ a A tortie entire nalatuction of the aaseuubled priests: e ent of the Father Aubril and the other chanters rendered the GENERAL MCLELLAN IN THE CITY, OoAran mane ‘hk Ml eer we ms : expec w w The bal nently practical, wilt make the Catholic Church in Publiclty~He Submits te New ork ‘an object of wonder and admiration to the Claims of His Fellow Soidiere—A Grand those who do not belong to its fold, THE PROTESTANT EP SCOPAL DIOCESAN CONVENTION. First Day’s Session. The annual convention of the Protestant Episcopal Church in this diocese commenced its session yester- day morning in St, Paul's chapel. Right Rey. Bishop Potter presided. Bishop Young, of Florida, and Bishop Kempton, of Georgia, were also present. There wore about 250 delegates on tne floor of the church and the galleries were well filled by worshippers, the majority being ladies. The opening sentences were read by the Kev. Dr. Eaton, of St. Ciement’s church, and the Rev. A. M. Johnson, of Brooklyn, read the lessons, The musical portion of the service was Congregational. Court, of cutting on the,head with® knife Martin Miller, of No, 79 Willett street. The accused gave to answer. ALLEGED SwINDLING.—Mr. C. Oatis Varney was yesterday arrested and brought before Judge Shand- ley, of the Essex Market Police, on @ charge of swindling through fraudulent representations out of $125 Mra. Minnie Livingston, of No. 2 Rivington street, She stated that the accused pretended to have lijred a house for her in Ninth street, and ob- tained this money ostensibly to pay & month's reat, The prisoner was fully committed to an¥wer, ALLEGED CRUELTY TO ANIMALS.—Morris Fenton, residing at No. 6 Congress place, was yesterday ar- rested and, on the complaint of Archibald H. Camp- bell, of Mr. Berzh’s office, committed for trial on the charge of violating the act for the “prevention of cruelty to animals,” by harnessing and attaching to @ cart & horse that was lame, sick and sore and unit for service, Comunitted for trial. ALLEGED BuraLary.—On Tuesday morning last, about four o'clock, the oyster saloon of Samuel H, Taite, at No. 953 Vist avenue, was entered by the bursting of a bolt froma the door, and property worth fifteeh dollars carried off, On Tuesday afternoon de- tective Harris, of the Fighteenth precinct, arrested James Connoily, & wire worker, of East Tweniy sec- ond street, who was recognized by Ann Farme siding next door to the saloon, aa one of three she saw at (he atore, The other two ran away. Con- nolly admits beine one of tle party in tront’ of the store, aud declares that they found the door open, and were trying to see whether there were burglars inside when discovered by Mrs. Farmer. Held for trial by Justice Dodge. THE ROMAN CATHOLIC Sion. ‘The sermon was preached by the Rev. Dr. Morgan, of St, Thomas’, who took his text from the first verse of the twenty-second chapter of Paul’s Epistle to the Corinthians:—“Therefore, let no man glory in men, for all things are yours.” After tracing, in a histori- cal manner, the evil consequences which, in ail ages of the Church, have resulted from the inclination of every penbie ye sens undue importance t single individuals rather than to principles, he touched, in a cursory manner, on the ritualistic proclivities of certain sects at present in the Church. ‘So long (he sald) as we glory in men we shall cleave to the dust, We shall gravitate towards the level of men; we shall be enthratied and controlled by them. Nay, more, we shall become the victims of their infirmities and of their inconsistencies, Where are the men who, twenty or thirty years ago, left the deep impress of their Opinions upon the household of the estabiisied Ciurch of Engiand and upon our American branch’ J will mot attempt to answer fy them all; but I can safely say that ti mightiest ‘of them, the real giants, are in the Chureh of Rome, white of those who retain a present connection with the Church of England, two among them, the most induential and cosnpicu- ous, lately distinguished themselves, one by closing tne ddors of the Westininster cathedral against the Council of the Church because of his ailliction for Co- lenso, and the other would throw open the portals of Oxford to sectarian colleges pecause of his new born Jove forthe Metiodisis, So on tiis continent the dis- ciples of ritualisin are those who now stand far oif from the truth of thetr youhg days, and in tue love of their fallacies wander along, the subjects both of de- rision and ridicule.” The preacher coucluded by imploring his hearers to always set principles above men and to exercise true Chrisiian magnauimity without compromise and avoid ecclesiastical squab- ane, and the rancor and falsehood which it eugen- ers, The Communion service was read by Bishop Pot- Continuation of the Ceremouies—Salaries of Parish Priests Regualated=The Catholic Pablication Company—Picnics and Waitz- ing Probibited—Important Promuigations. The solemn Synod of the Roman Catholic clergy of the diocese of New York was resumed yesterday in St. Patrick’s cathedral, Archbishop McCloskey presiding. There was a very large attendance of priests, and throughout the proceedings were marked with that solemnity characteristic of the Catholic church. Shortly before nine o’clock the grand pro- cession issued Yrom the vestry room, the clergy, as on the preceding day, being clad in casaock and sur- plice. At nine o’clock precisely pontifical high mass was commenced, the Archbishop officiating as celebrant, assisted by several clergymen. There was no sermon, and at mass having been con- cluded the business of the day was proceeded with. The Archbishop delivered a brief though earnest and eloquent address, reviewing tne impor- tant decrees of the Council held in Baltimore. He urged upon the clergymen to obey the behests that were promulgated and which had now become statutes of this diocese. After some fuather observa- tions the Archbishop resumed his seat on the throne and the business of the Synod was commen¢ed, The secretary read a resolution moving for an increase from $600 to $300 per year for parish priests. An amendment was prcent Buy ting that the an- hual salary should be $1,000. je amendment, how- ever, was rejected, and the original resolution was almost unanimously carried. It was next moved to give assistants who hat been three yeats in the priesthood $600 per year, in place of $400, and to give assistants who had not heen three years in the Priesthood $500 per year. These a were also carried, Rev. Mr. Hecker, Superior of the Paulist Fathers, in a lengthened speech moved that an annual collec- tion should take piace in all the churches of this diocese for the support of the Catholic Pubitcatioa Society,. giving the statistics of what had already been done by that institution, Rey. Dr. M’Giynn, of St. Stephenta, followed on the same side, urging the support of the society and setting forth the benefits which had resuited from it. At the conclusion of the reverend gentioman’s ad- dress, however, several clergymen strongly objected to any collection being taken, some characterizing this Catholic Publication Society as a mere comm cial speculation and not such an institution as supporters intended. ‘They submitted that its ob- jects Were scarcely falfilied, as Catholic works could be obtained as cheap cisewhere, thong it was founded with the idea of issuing publications at cost. It was subsequently resolved that, in accordance with the decrees of council, there be no more 4 3 waltzing &e., the Council having deter- inked that imimorailt such meet ings. A recess was then taken, It was a noticeable fea- ture in the prog hes that, in compliance with the ev. bir. Hecker, Rev. Mr. Youn list Patuers, sat divested of of minor importance was transacted. Wednesday's Proceodings. 1d Were, if pusstbie, i nich inaugurated it, At nine A, M. yesterday the procession was formed in the same manner as ou Tuesday. Many of the clergy looked as if they had burned the midnight jump in studying the new code of diocesan reguia- tions, while all presented a dignified and spiritual appearance. With sucha body of legisiators it is hot unreasonable to expect tiat the disciplinary laws of the arcadiocese will be equal, if not superior, to those of any diocese in this couutry or in Europe. more noposing than ter and almost every person present communicated, Shortly before two o’clock the Conveniion was called to order by Bishop Potter, and the Rey. Mr, Eigenbrodt, the secretary of the last Convention, proceeded to call the roll, The attendance of dele- gates was very large, ELECTION OF SEORETARY AND TREASURER. On motion, the taking of a ballot was dispensed with in the election of secretary and treasurer, and the present incumbents, Rev. William E. Elgen- b.odt, D. D., and Edward F. DeLancey were elected secretary and treasurer respectively. STANDING COMMITTEES. me Bishop appointed the following standing com- mittees:— On Incorporation and Admission of Churches.— William E. Dunscomb, Key. William Walton and Hon. Hamiiton Fish, On Diocesan Fund,—Rev. Richard U. Morgan, Rev. Thomas Gallaudet, Hon, Edward Haight, Edward Jones and the treasurer. On the Treasurer's Report.—Floyd Smith, William Betts and Hon. David &. Floyd Jones. On the General Theological Seminary.—Rev. Mor- gan Dix, D. D., Rev. Isaac H. Tuttle, D. D., Henry B. Pierpout, James F, Depeyster, Anthony B, McDonaid. On Canons.—Rev. Benjamin J. Haight, Rev. Eugene A. Hoffman, D. D., Rev. 8. B. Bostwick, D. D., Messrs. G. ©. Verplanck and Hamilton Fish, INSPECTORS OF ELECTIONS, For the Standing Committees.—For the Clerical Votes—Kev. A. B. Hart and Mr, Wm. Scott. For the Lay Votes—Rey. D. Hillhouse Buel aud Mr. Fred. Depeyster. For the Missionary Committees.—For the Clerical Votes—Kev..Th. M. Peters, D. D., and Mr. John Buckley, Jr. For the Lay Votes—Rev. Alexander Burgess, D. D., and Mr, 8. J, Skidmore. ‘The Bishop invited al! clergymen and laity who might make it convenient to cail on him at eight o’clock last evening at his house. The Convention then adjourned to nine o'clock this morning, the clerical and lay delegates from the Northern Diocese (that is to be) held a mecting afierwards in the church, ~ WATURALIZATION. The work of naturalization in the courts continues to tax the energies of the judges and officials to the utmost, The same eagerness to be enrolied among the voting thousands of New York appears to characterize people of republican and democratic proclivities; alike who are now entitied to the rights of citizenship by residence in the country or service in the Union army, There is no diminution in the number of applications for certificates; on the con- trary, each day brings larger and more anxious crowds to the courts, and there 1s every indication that an unprecedented rush for papers will be made before the courts are closed to candidates for natu- raiization on the 234 of November, Judge Barreit sat yesterday tn the Common Pieas, as usual, and naturalized 104 persons, In the Superior Court Judges Jones and Garven devoted the greater por- tion of the day to hearing applications for certifl- cates of citizenship, of waich 250 were granted In both courts quite a number of people were jused uafuratization on the ground of ihe absence of suilicient evidence of their residence in the State and for other causes of objection. Judge Me- Ou willbe at lis charabers in the superior day from ,nine to five until the 23 the purpose of naturalizing aliens. sterdit) Previously aaturalized SALE OF GOVERNMENT VESSELS. At noon yesterday a large number of persona, chiefly shipping merchants, gathered in the vicinity of the Lyceum building, at the Brooklyn Navy Yard, for the purpose of attending the auction sale of the United States steamers De Soto and Marblehead, which took place pursuant to previous public an- nouncement, The Marblehead was started at $5,000. ‘The bidding was very slow indeed, and Mr. Nichols, the auctioneer, exhausted considerable “talk” be- When the secular and regular sts had takea their respective positions ou the Ga 1 and Epistle sides of the altar Archbishop McCloskey intoued the Antiphon, Propitius esto peccatis nostris, Domine, &¢., and the entire assembly chanted the seventy-cighth Psalm, im which the royal prophet bewails the condition of the Church of orsel: just as the voices of the chanters had c hat of the Archbishop was heard, praying aloud to the Author of aii wisdom, justice and truth, During the three prayers which the prelate offered a most profound silence reigned—indeed, so awful and impressive was the sublimity of the scene that no description could do justice to it. ‘The deacon, havmg asked and received the pontifi- cal biessing, proceeded to sing the Gospel irom the tenth chapter of St. Luke. When he came to the words “Messis quidam mula; operarti autem panei” (the harvest is great Indeed, but the reapers few), the Archbishop and many of the priests were visibly affected, recognizing how literally applicable these words are to the Vatholic diocese o} Ww York. | After the Gospel that splendid hymn by St. Thomas, Vent cle Spiritus, was sung by the entire | Council, On the termination of this hymn the Arch- | bishop addressed the assembly in the following Venerable and Beloved BrethrenIt now to submit to you the rules and reguiations, may have opportunity of pressing an opinion avout if he wishes, ~ Doubtiess of many auons admit of improvement Lit any one of you danents 1 wor rarnestly be hail decide if tt is expedient p Alter this tie new code of rnies was read and approved of by the assembied Thea the list of those who were tavited to nod was called ¢ nan rising ‘as Gllaweee Ww (lere.) The atehbishop vila w, hren and priests of the Lord, fellow » intulstry:—We, however unworthy, f Aaron, you that of Bieazar and We are the successors of the apostles, You at¥-iwo disciples, We are your pastor you are the pastors of the souls committed | to your care. We shall bave to render an account of you to our Lord Jesus Christ, and you of the faithtul under your charge, ‘There: | fore we admonish and beseech you to keep betore | your minds the rules we have adopted, and am every | case reduce them to practice, in the tirst place your | lives and demeanors should be above reproach. You should live wp to the letter and spirit of the law4 which the Church has laid Gown ior tie guidance of | Priests. You should be very particular about the sa- | cred veasels and vestinents Which are used m the celebration of the mass. On Saniays you should | preach the Word of God and exhort siiners tor | tance. It ia your duty to be always ready wo ister the sacraments and bring back the wandering sheep to the true fold. May our Lord and Saviour Jesus Christ give you the grace to discharge these and all your other duties faithfully. The Archbishop then laid aside his mitre and offer- ed up a prayer, returuing thanks for the happy and harmonious termination of the Counct, The Pontifical Ugg indulgence were then solemniy imparted by the most Reverend Prelate, | and the Archdeacon said in avery loud vor nie a damus cum pace” (let ua retire with to whioh all answered, “/n nomine Christi” (in the | confideat, fore he reached the low figure at which it was sold— $14,100, The purchasers were cartel J, 8. Talbot & Co. ‘This vesse! is 607 tons burden, 162 feet 3 inches length on deck, breadth, 28 feet i ae bb feet 6 inches in depth. She was sold together with the boats, sails, anchors, &c., belonging to her. ‘The De Soto, as she stands, was put up at $20,000, such being the cag A bid, and was knocked down for $47,600 to H. F. Livingston. She is a splendid vessel and went off very cheap. Her cae is 1,000; length on deck, its feet; breadth, 37 feet 7 inches; depth, 26 feet. A large quantity of condemned stores was also sold at the Navy Yard for a smuil profit to Uncle Sam. THE STREET COI saat hag THE CITIZENS’ ASSOCIA- 1 Reply of Mr. George W. McLean to the Last Card of the Association. OFFICE OF THE STREET Sn ieee} New York, Sept. 30, 1868. To THR CHAMBER OF COMMERCE OF THE CITY OF New York:— GeNTLEMBN—Certain parties, claiming to be a “Citizen's Association” of this city, the chief of whom, and practical manager, is one Nathaniel Sands, well and not favorably known in commercial and other circies of our city, have made representa- tions through the press ing the honesty and fair dealing of one of the bureaus of my departinent, 1 wamoyes General Hebert L. Viele, an ex: need and reliable engineer, together with @ skilful dock- builder, to examine into the truth of these allega- tions. General Viele secured the services of two capabie assistants in the work. The results of the examination, embraced in twenty-one speci- fications by satd “Association,” were given by me to the public a few days ago, and, doubtless, were seen by the members of your body. The charges of Sands & Co, were proved to be entirely faise, and i] the concurrent facts established that they were promuigated at this time for the double o| t of giving Sands employment as a “retormer” at tho rate of $10,000 per annum and to aid, by false re- ports and circumstantial falsehoods, merely partisan ends, Sanda las secured, as his indorser of these false charges, the name of the veneravle Mr. Peter Cooper, under what species of imposition Tam at a loss to understand. I find that this Sands is out again this morning with his indorser, reiterating that these twenty-one charges are true, notwith- standing the positive testimony on witich they were disproved. Sands proposes that he shall be Ts uized in his assumption as an “association” by an investigation, in which he shall be allowed to name a party to examine into those al) ions, 1 cannot consent to give him this reeogait But | propose to your body tw appoint a disinte- rested nd capable person nota partizan, to unite | with one appointed by me, and the two thus selected | to name a third, the three thus designated to ox- amine these twenty-one specifications and report the result to the public, ‘The investigation made by me was designed to be, and was, in fact, I believe, perfectly imps and is entirely reliable. Bat there cannot harm tn stil furer investigation, under » pices, as proposed by me. One good resuit, Lam will be prodaced—that is, to more fully eet Demonstration in Prospect. ' George B. McClellan, late a major general in the United States Army, and whose arrival from Europe in the Cuba on Tuesday was duly chronicled, was nowhere to be publicly seen yesterday. Stopping with his friend Mr. Alsopp, on the corner of Mac- dougal street and Washington place, he refused to gee any person except those with whom he had been previously acquainted. There was, in the forenoon, quite & crowd assembled around the residence of the General, but finding it impossible to get even a glimpse at the man who fought the battle of Antie- tam they gradually dispersed. Later in the.day @ delegation of the McClellan Legion presented itself, and even that had some difficulty in being admitted. They were, however, after some preliminary explana- th at last introduced into the parlor, aud very 800n the ral himself arrived. e delegation con- sisted of the following gentlemen:—Colonel ©, H. Pearson, chairman; General J. H. H. Ward, General W. J. Mi Colonel P. Curtis Ackerman, Colonel H, 8. Cl ld, Major E, Donaldson and Captains George Curtis and James Casey. The chairman of delegation, Colonel Pearson, iniormed the General of the purpose of their visit, and that the McClellan Legion, composed exclusively of soldiers who had fought under him, de sired to give their late chief a Lorn recep- tion and a public testimonial of their esteem, The General listened to this communication with evident marks of astonishment, and replied that his only purpose was to continue a quiet and retired lite; but since his old comrades in arms propose to welcome him he had not the heart to reiuse them, and that however much he was opposed to any and all public demonstrations he would yield on this occasion to gratity those who under his command had braved the dangers of battle, Some conversation fok owed, in the course of whicn it was agreed tuat the demonsiration by the McUiel- lan Legion in honor of their lute chief ‘should take place on Friday evening next, and for the formal reception rooms have already been engaged at the Filth Avenue Hotel, and from ihe bal§ cony General McClellan will review the pre- cession of his military friends. General Ward will be the Grand Marshal of the o lon. Colonel Pearson is to be the Chief Marshai of the Legion composed of residents of this city, sides these some thousands are expected to partic pate in the proceasion from Brooklyn, Jersey Ci Hoboken, Newark and other suburba of New Yor! ‘This aiternoon, at halt-past two o’clock, at the present temporary residence of the General, the Select Committee’ of the Common Council of this city will present him with the engrossed copy of the resolutions a passed by that body. Last evening General McClellan was the guest of Mr. Belmont, when, tn company with a number of personal friends, the evening was in pleasant conversation, At the same time the Grand Marshal, General and his associates and subordinates were busily gaged at their committée rooms, at Masoule Hali, on Thirteenth street, to perfect the arrangements for the public reception on Friday. CRIME IN WESTCHESTER, A Terrible Record of Blood—Opeuing of the ‘Westchester County Court of Oyer and Ter- miner. Yesterday morning the Westchester county Court of Oyer and Terminer, sitting at White Plains, com- menced an unusually heavy calendar of criminal cases, embracing several of particular interest and notonety. There were present Mr. Justice Joseph G. Barnard, presiding, and Associate Judges Silk- man and Conkling and County Judge Cochrane, Shortly after the opening of the court John Fogel was arraigned to answer an indictment for murder and entered a pleaof not guilty. The prisoner is charged with having killed Alexander Burns at Yonkers on the 27th of June, 1868. Thomas Baxter, a man about twehty-four years of age, through his counsel, asked leave to withdraw a plea of not guilty formerly entered and enter a plea of guilty of mansiaughter in the fourth degree. The prisoner, on July 7, 1867, was employed at the Peeks- kill Iron Works, and on the evening of that day was out drinking with a number of fellow workmen. ‘They became somewhat intoxicated, and during the evening, while strolling about town, two of them sat down, The prisoner, under the influence of liquor, struck one of these men—James Cooney—on the head with a stick, injurmmg him severely, and he was taken home and died, Baxter had no knowledge ot the extent of the injury he had done his companion and when informed of bis death said, “{ nit him, but I did not mean to kul him.’ District Attorney Bates said there was no particle of evi- dence to prove intent to kill; and it was doubtful if upon trial the prisoner could be convicted of a higher degree of crime than manslaughter in the fourth de- gree. The plea was accepted, and on motion of coun- sel sentence was posroones until this morning to enable him to produce evidence of prisoner's pre- vious good character in mitigation of punishment. ‘The case of Calvin M. Northrup, a well known New York lawyer, wio stanGs indicted for an attempt to poison his wife, also came before the court on a mo- tion to discharge the defendant on his own recog- nizances. Northrup was tried about eighteen months since and the jury failed to agree, and a second triat resulted in like manner, He was a third time brought to trial and on that occasion found guilty, and Was sentenced to undergo a term of coniinement in Sing Sing Prison. He actually eutered upon the execution of the sentence, wien his case was ap- pealed, aud after the Supreme Court had affirmed the ju eit it was reversed by the Court of A peals and a new trial ordered, which he is now await- g on bail in the suin of $5,000, iis counsel, Mr. Larkin, stated yesterday that his client was suffering severely from impaired health, consequent upon his incarceration, and was destrous of travelling for change of air, He. had attended for trtal from terin to terin, but the case had beou delayed, and Judge Lott at the last session of court decided that he should be released on his own recog- nizance if not tried at this term. Counsel had un- derstood that the District Attorney did not intend to try him again in this county, in consequence of the dimcuity of procuring an unbiased jury, and con- templated a change of the venue. ie therefore moved that either a writ of nolle prosequi be en- tered, or that his bondsman be released and the de- fendant di on his own recognizance, or that the trial be set down for this term. The District ba the motion and claimed that Mr. Chatfleld, form uy associated as counsel in the case, had consented that it should not be tried this term, and for this he was un- eepenea, to proceed. , Larkin contended that Mr. Chatfleld had not six months ge Aone with the Mr. Ne "8 case res nitcee Bowes Esed By his wife with pt. ing to poison her with lonna, and medical Sagres on Sher & os “ain that time, however, the case has been the subject of scrutiniz- aateat My Stata mi decidedly favorable America, Wit» (eter analyses of fo facts and their surroundings some of these writers in the Medical in the probable motives which team her ras in making, this claim it Berhaps, from a desire © engen. dered by the read: an Italian novel, in a acheme e ingeni sole possession of property now in which she might effect by disqualifying her husbatd from as @ witness under oath, trial of the convicts Bu alias “Brickley,” and Whittington, for the murder of the convict Charles Jefferds, in Sing Sing Prison, in May last, was expected to have commenced jay also. dJetferds, the victim, it will be rememberea, was him. self a double murderer, and was undergoin life sentence for the murder some-years since of his step- father, Waiton, and a man named Matthews, a a who pursued him after he had shot Wal- ton. Twenty-two convicts, wearing their prison uniform, handcuffed and with chains attached to their feet, were brought down to White Plains yes- terddy from Sing Sing, escorted by @ pow- rful and heavily arm yard, These are the itnesses mm the case. The District Attorney shortly after their arrival and when the commencement of the case was momentarily expected arose and stated that he had just been informed by tho physician that Mr. Forrest, the warden of Sing Sing Prison, who was a material and very es ad witness for the prosecution, Would be anal week in consequence of illness, Mr. Forrest, he sald, was the person who discovered the body of the murdered Jeduras in thebarn. His testimony might have a most important bearing on the whole case, aad he (the Disirict Attorney) could not safely and in duty proceed to trial without him, John D. Townsend, of New York, counsel for the 4, rose and sald that when serving accused con tue writ of 4 corpus upon the prison oflicials on Monday requiring thei to produce the witnesses court, he saw Mr. Forrest and conversed with porrest said that he did not be- use whatever ag a witness for Knew nothing materlal concern- 0! the reason that he ing the crime, He dtd not find the body of Jemards, as it was discovered firs: by (he convict lose, who took Mi. Forrest lo bara aad pointed oat 1) could not now convent to If the accused coud to lim, fe (Me. Tuwuse Any postponement uf He case. | | ie to attend court this | | i ee ir be restored by the Court to the supposed to occupy—that of crime, but presumed be proven: yw. Some of the the mee also were per- scsi tama Ma tn at | might secure their tendance ttter discharge, All of them had also here eerie a) expense from Bo nd with some risk, and be the ‘ordered to proceed. Mr. Townsend offering to stipulate thatif Mr. Forresvs attendance could not be securod the District Attorn should be at ilberty to have his testimony taken ref any one he chose to authorize; that it should ba read in court om Spiel and thak the defence world any questions ng one ‘This prod electrical effect, out-fanked all Justice that eat} that the trial should be this fore anaes: visw ‘ot the liberal oder of adjourned the case unttf Friday morning, the Attorney having placed himself under the direction of the Court, with the un- derstanding that Mr. Forrest personally 1 donaibie, or that his evidence be. fi) Doran for the murder of Elien Doran orderly sergeant of Company H, First United States artillery, stationed at Fort Schuvler, and is indicted for murder in the firat degree. Three men, Thomas C. Fitzgerald, Michael J. Canty and John 0. Burk are now under sentence of death, to be execu next week, for this offence. It will be remembered that in August, 1886, these men, with still another who is awaiting trial, and ail of whom are members of the same ment, engaged in a drunken brawl witn some citizens of Wesichester, and returning to the fort meso arms and returned to the vil- lage. Falling to find the party who had assanited Fitzgerald, who had the only loaded musket in the party, either by accident or through reckless cruelty shot and killed Miss Hicks, who was standing at the door of her residence, Public sentiment is fearful against ail the prisoners throughout Westchester county, 80 much so that it is only with extreme dim- cuity a competent jury can be found to try them. Yesterday the regular panel of thirty jurora and 120 talesmen were exhausted and only seven qualified jurors were obtained. The regular panel and talesmen having been exhausted the Court ieee that two further tales be executed by the Sheriff, Mr. John McKeon, prisoner's counsel, then objected to the order, on the ground that the Court had only authority to make one additional order tothe regular panel. The objection, which raises @ novel question ‘of law, was overraled and exception taken, The cout then adjourned til! nine o'clock this morning. THE NATIONAL GAMZ, District Attorney then moved the trial of John Mutual vs. Active. The return game between these clubs came of yesterday aficrnoon at the Union grounds in the presence of # goodly number of the admirers ot the sport and friends of the contestanta, The first game resulted in a most decided victory for the Actives, but the tables were turned in the game of yesterday, as the score given below will show, Walker did not pitch with his usual good judg- ment, and the Mutuals batted generally very nicely. The latter earned the first base on hits no leas than thirty times, while the former reached there justi- flably only fifteen times, The game, a3 a whole, waa by no means creditable to either club. Duffy ap- peared tn tae Mutual nine, but whether from ner- vousness or some other cause failed to make any wonderful play. In fact he and Devyr both did some tall “maffing.’" Jewett appeared as accommodation id remarkably well at first, and melee usual, very finely. ‘the Spal ad themseives handsomely, but ir efforts the score of the game stood as player and at second, played aiso, as Actives all despite thelt follows:— MUTUAL. Players. MeMahon, ©. f... Dockney, ¢. Woltors, Hunt, | Jewett, 1 Devvr, a. Dusty, Sd Swandeil, r. f.. Flanly, 34 b. mm corcec cette Si mem named x 5 3 4 6 4 6 t a Totals.....csereveeee8? 17 * nouNGs, Is. 27. Bl. 4th. BA. Oth, Tth, 8th. CNS Pees. 2 8 8 61 09 8 7 8 6 er, of the Cincinaatl Club, i and McCarty. hours and forty-five minutes. wo ‘Time of game “Sticks”? vs. “Pencils.” Gentle reader, did you ever see a g004, pleasant off-harfded game of base ball? A game which was not “all work and no play,” but rather vice versa ? A game where sturdy, hard working men, forgetting the anxieties and cares of the every day hum-drum, came together to enjoy an afternoon's sport and a little out-door exercise? If you have, then you may be able to understand what kind of a game was played yesterday afternoon at the Champ Elysées between the typos and the scribes of the Heratp. When the fact became known that typos although laining to be tyros, thought. they 8, although claiming tho: ey would like to knock the scribes into put and 80 “ Father Marsden assembied his “ chapel,” and the result of the assembling was thatthe typos should ‘give out? a challenge, and scribes took ‘notes’? of the “matter,” and they <1 to try the “cage.” Accordingly they met, and when the rolls were cailed it was fouird that some of the “ are’? on the side of the scribes were not present, and the captain was obliged to put on “subs.” The typos being experta with the “stick evidently thought they had a “fat take” and that they would succeed in Were a in” the “column” of res for the heroes of the pencil with several ‘ is,"? and, per- haps, make the score a biank sheet. At about haif- ast two the work commenced, and the “sticks” soon una that their opponents were quite “solid,” and before the close the latter had “ran up’ a goodly nuin- ber of tallies. Somehow or another when the Pencils pone their opponents on tl ey: to the scratch, they found ti “hook” quite light, and although the ‘copy’? came tn from the pitcher at times pretty lively to “block”’ she game of the Patnter and “distribute” the balls in short order. typos them- selves falling behind tried to ‘plane down’ the figures, so that on the “face” it would not look so “open,” but notwithstan: the fact that they “went to press’ the score in their favor they were not “proo” a against the science of the Pencil could not “set up” their figures fast enoug! “crowd out” the others. But the game, as intimated before, was marked by peop lncey ol or a may here be remarked, at times by poor fielding. The however, pide Te ‘Tuttle's tute! of base was of “solid non) while Painter itton were really “diamond” editions of Zetti and Mills, Sherlock Ke} tzwilliam at #8 png Slwweuvenweek | err. ire—Mr. St of the ine. Time of gatse—Two hours and afiy miautee, Base Ball Notes, The Cincinnatis defeated the Ulympics at Phila- delphia yesterday with a score of 41 to 20. The Empire nine io earnestly requested to remem- ber that to-day they are expected to play the last match game of the season and to try and be on hand in good time, The game yesterday at New Haven between the Yale nine and the Eckfords, of eo ved to be one of the finest of the games played in New England thisseason. ‘The Yale nine came ont ahead. with the score standing 15 to 12, New Haven gene- ray and Yale particularly are wild over the result. The Red Stockings will put in their first appear- ance in this locality this afternoon, as may be seen from the following list of matches to come off:— To-day—Atlantic vs. Cincinnati; Union grounds. pn vs, Gotham, Star vs, Harlem; Oapitoline grounds, To-morrow—Matoal vs. Cincinnat!; Union groands, Eagle vs. Sparta, second nines. Saturday—Star vs. Cincinnatl, Unton, of Morrisania, vs, Athieth THE CZAa'S VISIT TO WARSAW, On account of the Ozar's visit to Warsaw the po- lice authorities of that city have issued the following orders, which are to be strictly observed :—During t imporial sojourn no groups of people will be toi rated, not even of two persons. Men are to wear round latg as per model to be seen at the tee headquarters, and the women are to dress in black. Certain streets will be closed to public trame during certain hours of the day. All the houses are to be fresnly painted or colored tn front, ornamented with garrands, and to be tiluminated at a fixed time, Capitoline grounds, lo, at Philadelphia,