The New York Herald Newspaper, October 3, 1868, Page 4

4 NEW YORK CITY. 9 THE COURTS. ‘UNITED STATES COMMISSIONER'S COUNT. A Sea Captain Charged with Fercibly Putting His Crew Ashore und Abandoning Them in a Foreign Pert. . Before Commissioner Osborn, The United States vs, James D, Keith.—The defend- ant in this case is master of the American ship | Sumpter, and is charged with having maliciously and without justifiable cause pot on shore by force and leaving belind one of the crew of the Sumpter in a foreign port. The prosecution in the case is based upon the tenth section of the act of March, 1825, James Breen, who makes the pompiains, tes. tiled tha! on the 12th of May, 1868, at the port of Galveston, he snipped op board the American shi Sumpte second mate, for a voyage to Liverpool England, aid back to Galveston; chat at Liverpoo! the defetdant forcibly, matielously and without the conseut oi Lieen, put iim ashore ana ett bin behind in & foreign jo other members of the crew, Who Make stiiar charges against Caplain Ke'th, were also exami: ‘The defence was vo! entered into, and me case stands adjourned tii (ais morning. COURT OF APPEALS. Action tor Loss of Life Against the Hudson | River Ratlread Company. Before a Fail Beuch. Michael O Mora, AQministrator of Thos. O'Mara, Deceased, despondent, vs, The Hutson River Raitroat Company.—This was an appeal from an order of the Supreme Court refusing to set aside a verdict’ ip favor of the plaintiff for $1,500 and for a new trial. The action was for damages for the supposed negligent killing of @ son of the plaintiff, on April 18, 1868, at @ railroad crossing in East Albany. The accident took place at Dauin’s crossing, which is over Second ‘enue, &@ public thorougblare at that Place. ‘tie boy, who was eleven years old, was on an errand for some beer for bis father, who is a la- boring man, aud was killed by an engine called the “Jones as he was crossing the railroad track, For the appellaot it was contended that there were no proofs of ney igence on their part; that the bell of the engine had been rum as it approached the crossing, aud that ail needful warning had been given; tial there was a fagman at kis proper post; and that v ‘her this Cagman waved his fag or not was immateria', as it would not be seen, owing toa freight trai which was moving on an adjoming track bemg in the way. [ft was also contended that there was nothing to show that the services of a child only eleven vears old were of any pecuniary value to the plaintiit, Decison reserved. Action for Damagos for Loss of Life Agninst the New York and Harlem Railroad Com- pany. eth Gonzales, Administratris and Plaintif, ent, vs, The New York and Harlem Rail- road Comp Defendant and Appellant.—The husband of uf Was killed on November 16, 1864, at tne at West Mount Veraon, When ng the station and before it reached the platfors nzales jumped of and was 1 killed by an express train coming in © direction, Judgment was in her jury giving her a verdict for nd from tnis the company eppealea. ts it was argued that they had pre if place for the travellers, and that ence in leaving cars before ed look the Landlord and Tenant. Bdward Matthews, Appettant and Plaintiff in Er- ror, ws. Sydney D. Roverts, Repspontant and Dejendont in Brror. : There was also another case—The People, ex. rel. S. D. Roberis, respondent, vs. Edward Matthews, appellan' ward Matthews, plaintiff in error, vs. The ). Roberts, defendants in error, wh part of the itrst case. Mr. Roberts, way of k. 1803, hired the premises 80 Broad- L. Cutting, the owner, in a writ- ten lease which expired in May, 1864 In April the premises were sold to Matthews. Roberts did not vacate the premises when his lease expired, when proceedings were taken against him as atepant holding over, and a warrant of disposseasion was entered. The pro- ceedings yesterday were on appeal to review a judg- ment of the Supreme Court, wherein judgment ren- dered by aJusiice of First District Court was de- clared void. ‘The case is stil ‘The Court Ca ferred cases— 20, 27, 2, os, U4, 87, 88 and 39% General Calendar—Nos. 4% and 34. SUPHEME COURT—CHAIMBERS. The Lottery Pre- on udar for to-day 1s as follow: Basiness in New York—John Morrissey iu Court. lefore Judge Cardozo, va, Zdehe h E. Simmons. v, John A. Morris, John Anderson, James Stewart, M. C. Staniey, John Mc Charles H. Wittiam dsaac bi wn, Benjamin, Wood, John Mecool, David Ly ive Jadcod Bauch, Francis King, Abra- ham. Voor enry Cotton, Reuben Parsons, Mar- cus A. Littell, Jamin S, Halgey, James 8, Watson, Frank Work aud 2. & Simmons, Charles H. Murray and Lewis Davis, trustees, &c.—This 1a. a suit by John Morrissey against his former associates in the lot.ery business, growing out of aseie by bim to Simmons of his shares in December, 1867. At that time the lottery rights for the States of Missouri, Kentucky, Delaware aut Georgia were held by an association of which some of the defenlants were members. follows: Simmons. ies HM. Murra There were 115 suare: John Morr . John Ande divided 3 vA Chari David L. Reed sey to Simmons was o! Simmons was to pay $2 1 the balance in noves of 35,000 4 successive months, it was pro- Abrabam The sale by M each, faiing due NEW YORK HERALD, SATURDAY, OCTOBER 3, 1868—TRIPLE SHEET. CITY INTELLIGENCE, ANOTHER Unsa¥e Buitpiva Casu4ury.—Wiliam Mack, of 27 Bridge street, was sertously injured | yesterday forenoon, by @ portion of the wall of an old building at 20 Pearl street faling on him, He was tiken to Bellevue Hospital. SEIZURE OF ToBACO.—Deputy Collector Conatty, of the-Fourth district, yesterday morning took pos session of ten hogsheads of tobacco on which no tax ha’ been paid,’ The police of the Third precinct sus pat ths tobaoco eas not tax-paid and detained FATAL AccipeNT To a SArILon.—Coroner Flynn yesterday held an inquest at the New York Hospital on the body of Thomas McQuinney, ® sailor, whose death was the result of injuries received on the 20ch | ult. by falling from a mascof the ship General Mc- Clellan, lying in the East river, to the ck. The jury rendered a verdiet of accidental th. De- ceased was thirty-six years of age and dmative of Ireland, Interest oN City Mongys.—Mr, Peter B, Swee- ny, y Chamberlain, bas deposited in the Broad- way Bunk Uie sum of $1,657 45 as the net interest, for the month of September, of moneys belonging to the cliy and county tn his custody, and tnis, added to pre 8 deposits of a similar character, makes a | grand total of $82,161 23 whieh has been paid by him into the city treasury for this purpose. Posral.—For the present all the mails for the Paciie States and territories, British Columbia, China, Japan aad the Sandwich Islands—excopt the aecunuulation from the steamer of October 1—will be sent from thisieity by the overiand mail by way of Chicago aad Omaha, ‘The mati closes at five A. M., and twonty minutes afier dye”. M. This arrange- ment inehides all matter going to California, Utah, ae. During the month of August there wére received and despatched at the New York Host OMice 758,038 torelgu ictters, and sums of money amounting in the aggregate to 99,797 33, THE Dane Serger Frre,—The damage done to the stock of C, Peck & Co., No, 96 Duane street, in whose store a fire occurred on Thursday even- ing, it appears, will be much larger than at frst anticipated, It is now estimated to be from $12,000 to $15,000, The whole stock, Mr. Peck al- leges, to be worth about $30,090, on which there is $25,000 insurance in the following companics:—Com- monweulth, $4,000; Baltic, $3,000; Mechanics and Traders, $2,000; Stuyvesant, $2,000; Columbia, $4,000; Bowery,’ $2,500; Adriatic, ‘$2,800; Sterling, $3,000; A eas Mg $2,000. The tailor.n; store of W, & C, Baum, No, 21 Hudson astree was also burnt on the same’ evening, the loss on stock is estimated at $3,000, on which there ig an insurance of $2,500 in the Park Insurance Company, AMERICAN BIBLE Sociury.—At the last stated meeting of the Board of Managers of the American Bible Society, held on Thursday, grants of books were made to the American Mission Associasion, to the Board of Missions of the Protestant Episcopal Church, to the Sunday School Union of the Metho- dist Ep:scopal Church, Many graats to auxiliaries, Sunday schools and individuals at the South, with Fibles and Testaments in various languages for dis- tribution among vessels saliing to foreign ports and ten volumes in raised letters for the blind. Besides these others to the amountrof $500 were granted to auxiliaries at the South. In funds, $5,440 were ap- propriated for work abroad, for printi Arab.c Scriptures in Beirut, for work in italy and for print- ing Micronesian Scriptures at Honoiulu. POLICE INTELLIGENCZ. ARREST OF AN ALLEGED BURGLAR IN MarmpRN Lanr.—About half-past one o'clock yesterday after- noon a man known as William Morton, allas Ken- tuck, entered the premises No. 102 Maiden lane, and proceeding up stairs to the third Noor burst open a door with a jimmy he had with him, with intent to steal a quantity of clothing and other property worth $250 then in a wardrobe belonging to Guaries Harms, occupant of the premises. ie standing in the room near the wardrobe Morton was seen by one of the cecupants of the house, who cried for help, when the intruder ran down stairs into the street and en- deavored to esca) Roundsman Rogers, of the Second precinct, hearing the cry of “Police,” pur- sued the fugitive, who in his flight Rigi nea a highly polished jimmy, and after arresting Morton a Der- ringer pistol was found in his posseasion, The ac- cused, Who is not an entire stranger to the police, wus taken before Justice Dowling at the Tombs and committed for examination. ALLEGED INCENDIARISM IN HUDSON STRERT.—Yea- lerday morning @ youth seventeen years of age, giv- ing his name as Jacob Baum, was brought to the Tombs by detective Tilley, of the Third precinct, on suspicion of having set fire to the merchant tatloring estabilshment of Messrs. W. & C. Baum, No. 21 Hud- fon street, an account of which has already been published in the HeRaLp. Bessy McCann, a young woman living in the upper part of the premises, do- posed that at abont seven o'clock on Thursday eve- ning she saw the prisoner, who was employed inthe store, come out and lock the door. After stand. ing on the steps a short time hoe started ov in the diection of Duane street, and ten minutes later the witness smelt smoke, which apparently came trom the store. She immediately reported the fact to Mr. Felix Marx, landlord of the premises, and ran up to henroom for her clotinng and such other valuabies as she had there. On returning to the street Bessy saw that the store door bad been broken open and fire was then issuing from the ae. Felix Marx, owner of the premises, testified that the previous witness ta. formed him that the store was on fire. He then ran up to the second floor, where he lived, and gettimg out his little boy, seven years old, conveyed him to a neighbor's. r. Marx returned to the burning building, and, with others, burst open the door, when the store was discovered to be ali on fire. The premises were then taken in charge by tho firemen and police. An examimaition of the premises by Dennis Doyle after the door waa barst open re- suited in discovering fire in the rear of the store vided tr a to pay any of theee notes should fories amount previonsiy paid and return the shares to Mr. Morrissey. The notes were paid down to May, alter whica Simmons made default. Morrissey brings the present action in the nature of @ forecio-ure, and at the same time Claims that there has beep mismanagement, aod asks an injunction against the conunuance of the business and the appointment of a receiver. Severai of tie parties are made defendants on ac- count of liens they claim to have, An order to show cause Wiiy au lajunction should not be issued, with a injunciion, was granted by Judge Car- rnabie yesterday. Mr. Smith, counsel for the defenusut Simmons, procured a postponement until to mo:row, on the ground that be bad not had time to prepare. Granted, Decisions. Before Judge Ingrabam. In the Matter of Henry W. Jackson et al.—Refer- ence to bi. Cishoetfer to inquire as to matters in peti- tion and report. Wilhetmina Hulme ve, Andrew J, Hulme.—Report confirmed and jadgment of divorce granted. Mary Kk Marsh ¢& Albert Marsh.—Keport con- firmed and judgment of divorce granted, Custody of tufant cluld awarded to the piaintis. SUPERIOR COURT—SPECIAL TERM. Decisions. Before Judge Jones. Hamitton RB, Towle vs. The American Telegraph Company.— Motion granted, Chartes Wo 'let al. v8. Charles A, Lindsey et al.— Motion gran‘od. Alfred W. Budiong vs, Frederick Wehman et al.— Motion granted. Mary Ann Toten Elien Heferen.—Motion to dis¢harge arrest granted, Before Judge Garvin, Charles IT, Smith vs. Tunothy J. Coe.—L have no wer to disturb the ruling and settiement of the lustice Who.passed upon the ecttioment of the case Fk exceptions; this is not the remedy. Motion de- SUPREME COUIT—OCTOSEA TERM. Law Notice. The October term of the Supreme Court will com mence on Monday next. There are very full calen- darson the equity, special and chambers, but no very important case or one of much public interest set down for the circuit. ‘The gj term will be held by Judge Sutherland in the new Court House. Judge Ingraliam will preside at chambers. The two circuit courts of oyer and terminer will be held tn the ordinary court rooms by Judges Barnard and Cardozo. Part three of oycr and terminer will not be held, as there is no judge in the city at leisure to dispose of the business. The jurors summoned for eo three are requested to atiend atten o'clock day morning in part one, FINE MARSHAL'S MONTHLY REPORT. Fire Marshal Brackett has prepared the following report concerning fires during the month of Septem- ber:— There were seventy-four fires and alarms during the past month, nineteen still alarms and thirteen false alarms. Of these four were of incendiary origin, two were smoking, three by kerosene oil, one from @ ve t of loss ascertained on build ou ‘Total amount o! ings. $56, amount of loss asce: On BLOCK. ... 238,637 amount of insurance on buildings $203,149 Total amount of insuranos on stoc seveeeeee 428,023 Total, evidently amoag some cloth at the end of the conn- ter, Owing to the absence of witness the further examination was adjourned till to-day. It is stated tha Fire Marshal Brackett had a number of wit- nesses in the case at his office at headquarters, aud was there conductin; examination ito the origin of the fire of producing them in court to give their evidence before the magis- trate. By this arrangement the investigation was greatly retarded without in the least furthering the ends of Justice. Probably the Marshal after conclu- ding his branch of the examination will sabmit the testimony of the witnesses w Justice Dowling for hia consideration, HATURALIZATION. The Court of Common Pleas, in which most of the work of naturalization was done until very recently, Was not so crowded yesterday, it having become known that Judge MoOvnn, who was absent in Europe on vacation during the summer months, had returned to his post in the Superior Court and was prepared to assist Judge Garven in naturalizing aliens, Nevertheless, Judge Barrett and his oMcials had quite enough to do, very many of the applicants being of that class of persons who cannot answer a nestion without 80 much circumlocutory verbiage that a dozen additional inquiries became necessary in order to get at the simplest fact. Under such cir- cumstances the Hibernian manner of replying to a question by asking another would be positively irritating if it was not relieved by the irrepressible Ceitic humor which it takes so little to evoke. The so-crtied Dutchmen—emigrants from Prussia, Aus- tria and the Germanio Confederation, as well as from Holland—give the Semel trouble and are the most dimicut to deal wit A few days since a heavy Rhinelander presented himseli before Judge Barrett and demanded to be naturalized, To the usual — ‘How jong have you been in this country ?'—put by the Judge, he answered, en i - eye aly. een a ences Ina iy wi jai gen- Seman who was his witness. “two years and yaif, os ‘§ you mus! ive io Ou! (On to" your naturalization as a citizen of Unitea tes. “Eh! What law? Five years! Mine Gott, dat's no law ’t all!” exclaimed the astonished Teaton, imme- diately after, in an excited tone; “Shadge, you bees ou wrong. wiperheps, then,” answered the Judge, “you wil be kind enongh to enlighten me on the law.” “You bees wrong, Shudge, very wrong,” reite- rated the now excited Teuton; but his witness, who looked on ‘in evident trepidation daring the coloquy, hrstied him ont of the court room and down stairs to the basement, where he vented his indignation in pin | wd on law to an admiring circle of his countrymen. There are now four offices open in the vicinity of the City Hall for the ‘eccommogation of impecunious foreigners who desire to become citizens of the re- bic. The German in Cen- “Er niet does thr unions from reas” is dally YACHTING NOTES. Head ec agree tee made for difference in ete] to be one of the most THE PROTESTANT EPISCOPAY DIOCESAN CONVENTION, Third Day's Proceedinge=A Lengthy and Animated Debste—The Nature of the Pro- posed Change—The Vote. The third day’s session of the Protestant Episcopal Convention of the diocese of New York opened yea- | terday morning at nine o'clock with the uiuai reit- Glous morning service, which was conducted by the Rev. Dr. Jotun J. Robertson, rector of Trinity church of Saugerties, Ulster county, amd Rev. James W. Stewart, rector of St. Androw’s church, Walden, Orange county, and missionary. At the conciusion of the morning service Rev. William E. Eigenbrodt, the secretary, read the minutes of the proceedings at the last session, and they were approved ag read. ‘The first business was the motion of Mr. G. F. Hott man, which he had embodied in the following reso- ludions:—_ Resolved, That the trustees and treasurers of the several funds reporting to thls Convention, aud they are hereby requested the New York Lie and frost Company or some other institu- tion of undoubted cre:tit In the city of New York, upon the ‘est rate of tutereSt they can obtain therefor, such moneys as they now bold or may feren!wr come intothetr hands belong ing to such fund respectively. All such thoneys, however, 0 be deposited fn the same institution while remaining in good but in separate accouuts tn he name of the respective ‘and to be subject to wn for ab sight by their re- ar hor reinvestment heretofore. Resolved, That @ committe of three be into ‘to wulect auch depository and agree upon the rate of interest and male sued other purangecn sie as may be proper to earry the above resolution into effect, These resolutions were adopted and the Bishop appointed Messrs. J. F. DePeyster, F. 8, Winston and. Edward Jones ag the commitice Called for in the last resolve. A re) ‘as then read by Rev. Dr. Dix sabmitting a long list of named as ees of the General Theological Seminary ‘for confirmation by the Convention. A vote was taken and the list a3 reported was confirmed. ‘(bere were but few, not over a dozen, names on the list changed ‘from last year. Upon the admission of delegated from Trinity church, at Mount Vernon, in 'Vestehester county, a Jong disouasion ensued on the report made by the Rey. Dr. Halght, and in which the Rev, Dr. William ‘8. Coffey, rector of St. Paul's church, East Chester, and once also rector of Trinity church at Mount Ver- non, led off with a Jong exposition of ‘the dimicultics that occurred between huinself ‘and the cot cI funds apective trustees or re= gation in 1867, which resulted in the oharch being closed against him by on injunction, and io the final election of the Rev. Charies Seymotr as their rector. | The discussion took & i wide range, many members participating in it, involving the pro- prie‘y of iegal proceedings, and at one time even per- jury was charged against some of the persons who had appeared 1n court avainst the ‘Rev. Mr. Colley. ‘The Bishop spoke a few words deprecating ail dissea- sions, paying a high compiimens to the evectiveness of the labors of the reverend gentleman, but adm\t- ting that he had re ognized the Key. Charies Sey- mour as the rector of Mount Vernon. It was finally unanimously resolved to alinit both the delegations without regard to their legal ditticuities, The question of the federate council was then taken up for debate. What tiis federate council is meant tor is best seen from tho following plan sub- mitted to the Convention vy the cominitiee through the Kev. Dr. Henjamin I. Haight:— 1, Whenever the General Convention shall have canon authorizing the (ormation of a federate council of the doceses within this State the Bishop of the mother diocese, with the assent of the major part of the bishops o/ the other dioceses, shall call the Primary Council of the several dlo- cesoa, 8. ‘The sald Primary Council f a federate coun: a ‘Saary regulations tor th ot. e Primary Council shall consist :—First—Of tho Bishops of the s@ eral dioceses within the limits of the Staie . Second—Of eight clerical and eight lay depu- tics from each of the dioceses, to be appotated by the cunven- tions of sald dioce .es rewnectivety. 4 In the said Primary Council the bishops, the clergy and the laity’shall vote by orders, aod no action sal: bo valid without the concurrence of a majority of each order voting Separately, Ando pian of a permanent organization shail be binding upon any diocesé unless with the conscn. of the bishop anu convention of sald di ~5. In the event of the establishment b; Counell of a federate counell, or syno tical Tal dioceses within the State, such fede ate council or synodl- cal Union shail bave full power to consuit on ail matters per- taining to the common interesis of the sald dioceses, and to enact ali laws necessary thereto not inconsistent w.ta or re- pugnant to the constitution sad canons of the General Con- vention of this Church, or to the Book of Common ’rayer. The discussion turned mainiy upon tie fifth para- graph of this “plan,” aren the powers of the “federate council,” or synodical union, and par- sticularly on thas pari wh.ch proposed to conier upon the council ‘full power to enact laws.” it was insisted tiat this would be a radical change in the whole constitution of the Church; that it would create an imperium im imperio; would be in reality copying the organization of the Roman Churoh, where @ council is the supreme lawgiving power, and not the presbyters in conjunction wita laity of their parishos. The debate lasted till near four o'clock, when 8 vote was taken on a proposition to amend the fifth section by changing tho obnoxious grant of power to a mere permissive authorily to “adopt measures.” This awen ent was lost by the following vote:—Clerical vote, 62 yeas aud lvl nays; lay vote, 47 yeas and 54 nays; toial, 99 yeas and 155 nays. After tie announce.neat of tie vote Rey. Ur. Montgomery moved to lay the whole sue Ject on the tabie, but it appeared that the inouon was not entertained, and tie Coaveation wok a recess tll balf-past seven P. M. . Evening Scosion. Bishop Potter. took the chair at half-past seven o'clock, Mr. John Jay, on behalf of the trustees of the Parosi:ial Fund, reported that during the past year they had paid uo salaries and incurred no ex- peuses; that in deference to the wishes of the Bishop the clergy they have abstained from taking col- clions in churcles and must rely upon bequests and devises, The report concludes with a call upon the clergy to aid in accumulating the fand. This fund now amouts to $4,445. Kev. Dr, Dix stated that the inquiry into city mission matters entrusted to his committee could not be finished for want of time, and is was voted to extend the time, The tros- tees of the Land Fund reported, through Edward F.be Lancey, treasurer, that the fund invesved was $3,000; that the interest received since the last yearly report amounted to $3.5, and that this sum was paid to the Bishop for the purposes of the fund. Some question was made as to the portion of tie Diocesan Fund which ts to be apportioned to the new diocese of Northern New York, whereupon the Kev. Dr. Haight reported from his committee a recommendation that the suggestions of Bishop Potter made in his a@anual address be concurred tn, and also that the same amount as last year bo again devoted to mis- sionary purposes in Northern New York, but the whole subject was referred to a special commitiee of seve On motion of Rey. Dr. Haight another committee was appointed to inquire wat disposi- tion should be made of the fund lor aged and in irm clergy. After resolving to continue to pay to the Bishop the sum of $2,000 in addition to the salary as established heretofore, the question of the Federate Council was again taken up and the denate renewe}. Mr. Sam_B. Kuggles moved to strike ont the fith section, Which motion was javored by Rev. Dr. Lit tlejonn, a member of the committee origi naing it, onthe ground that it had given rise to such @- verging opinions. Mauy more speecnes fo lowed and the vote was finally put and carried that the scetion be stricken out. Another amendment was then proposed to the ef- fect that the second clause of the third section of the plan be modified to provide for one clerical d to the Federate Council for every eight clergymen in the diocese and one lay delegate for every 600 com- municants, to ble r. Kuggies moved a subdsti- asaed a the said Primary ualon, of the seve- tate as follows: it clerical and eight lay depu- ties fromeach of the dioceses, or representatives elected on such other ratio asthe General Conven- — may determine, which was unanimously adop- ‘The following resolution, moved by the committee in their report was then adopted:— Resolved, That this Conveation approve of the plan of = Foderate Gounet, as reported by this committes, and do hereby direct that the ani re shall be carried into effect if the General Convention shall pass a canon authorizing the establishment of Federate Counciis of Dioceses within any The vote on this resolution being by some consid- ered a test, the yeas and nays were called, and it resulted in 113 yeas and 22 noes on the call of the clergy, and 59 yeas and 22 nays on the lay vote, second resolution was then unanimously It readss— Resolved, That the memorial above raported be by this Convention, and that it be algned by the Ri ond, the Fresident, and By the sesreiary of tue. an depuites Crom diocese General Con: vention present the same to that body. Some matters of little significance were then dis posed of and the Convention adjourned, TROTTING IN VERMONT. BRADvORD, Vt., Oct, 2, 1868 In the race for the stailion purse offered yester- day at the Fair of the Orange County Society for stal- lions owned in the county, Thomas Sanders’ Blue Jacket won the purse—winnii Time, 2:44%—2: 41 —2 AG — 2:43 44, In the race for the $100 purse for all Charlies catego ek ee A in three 2:30—2 144 4% —2:39. Over 3,000 persons were present and the fair ee decided success, NEW JERSEY. Jersey City. Patan RAILRoaD AcorEnt.—About seven o'clock yesterday evening @ naa named Theodore Boswell, while coupling cars at the New Jersey Ratiroad de- pot, was cot in the abdomen between the buifers aud injured so seriously that his life if dispared of, Hoboken, Squapsie BurwedN SwircameN,—For somo, time past the Morris and Essex trains have been, several times during che day, delayed -a& the tunnel beyond the ordinary time owlng to the drilling of freight cara In addition to the frequent passage of Ene traing at this point. A lively time in consequence kas been tho result between the switchmon, and though a fight,was aaticipated on Thursday no row occurred, ‘Phe 1umor that a squad of mon was sort by the Morris and Essex otficials to this place is Without foundation. If such ® course were al- tempted the Erie men would come down on them tn such Numbers thas tae struggle would be of short duration, Newark. Precooiovs Yourus.—Owen burns, James Cahill and Thomas Godman, the alleged perpetrators of an atrocious asaault on tho wife of a canal boat cap- tain, were Convicted and sentenced by Judge Teese day before yesterday. i lransitu to the State Prison and County Jail Burns and Cahill, bow very lean boys, e802) by alipping terough a window ia the, water closet, in measurement abont six inches square, Subsequently Burns robbed bis mother's tlsne Keeps a little storé on thé corner of kiver and Canal streati-<of three doliars, and effected o complete escape by jumping on board a New Yor) train waile.the latter was just slardng olf. Cahill is still at large, Both are mere boys, SERSEY STATE FAIR. Tne Viosing Day—Good Trotting and Award of Premiums. Yesterday tho tenth annual falr of the New Jersoy State Agricaitural Soolety, at the Waverloy grounds, ‘was brought to a close after a fino run of four days. The attendance yesterday, though scarcely more than half that of the preceding day, was still ve: large. Everything, a8 far ag could be ascertained, passed ou in good order. Am address delivered by loseph P. Bradiey of Newark, and she distribution of premiums largely entianced the attraction. ‘The trot ting was equaily good, If not better than that of Thura- day. ‘the double team trot, beat three in tive, com- meaced va Paar evening, was the first thing on the Soa ae It was decided by giving tae contested heat Gray ‘and mate, and another heat ran. Careless and mate won this heat in 3:40)¢ and car- ried oif first prize,» Tae heat was flerceiy contested and occasioned considerable excitement among the spegtutora. ‘The regular programme of the day was then entered upon, First came a pacing match, best two ia tire, to horses owned in the State, There were jive engries, but only three ran, Thy firat heat was won by @ clean limbed animal entered by W. T. Arison, of Wesichester, Pa., in 2:43. The other two heats were wou by a horse entered by J. L. Hewist, of Rahway, making the game time each heat (340), The next triat was for a premium ottered for the fastest horse or mare owned in the State, driven to road wazou. Tom Bray, entered by 0, M. Hagar, of Hudson O:ty, took the three heats in 2:51, 2346 and 2:47, J. Smatiey’s horse St. Geor taking second prize. One or two other equally in- teresting trots took place, ‘the society announco that premiums to the amount of $950 will be offered to norses entering for @ Sevics Of races To take place on congo | and Fri- d.y, the 16th and 16th instant. There will be two races each day. BROOKLYN INTELLISEVO. Naw Crrizsxs.—Up wards of 250 persons of foreign birth have been admitted to full citizenship at the Qounty Court House, Brooklyn, within the past month, A New STHAMER.—A valuabie acquisition to the Western District Fire Department was recelved yes- terday in the shape of a new and elegant steamer, received by Engine grt ag 3 No, 10, Tho latter company paraded upon the occasion and gave an entertainment im honor of the event in the evening. Tum NAvy YARD Ropsery.—Tho examination of the parties arrestca recently on charge of being con- cerned in the robbery of 600 pounds of copper from the Navy Yard was resum before Cominissioner Newton yesterday, and Henry Brown, one of the ac- cused, was honorabiy discharged from custody. Huestis and Flood were remanded for farther exaia- ination, which was set down for the 9th inst, A New CoLorep CHuncH.—The corner stone of a new church edifice for the colored residents of Weekavilie was laid with the usual ceremonies on Thursday afternoon by Bishop A. W. Wayman, of Baltimore. The building Is being erected upon the site of the former Methodist Kpiscopal church, and will have a high brick foandation, surmounted by a neat and substantial wooden superstructure. It js expected that the work will be finished by the Ist of January. . AID For T1R PooR.—The Association for Improy- ing the Condition of the Poor has submitted its twenty-fifth annual report for the year ending Oc- tober 1, 1563. The total receipts throu solicitots and other sources for the past twelve months are $27,085 and the disbursements were $29,760, jeaving in the hands of the treasurer a balance of $205, The number of families assisted amounted during the past year to 4,500, consisting of over 16,000 persons. Mr. R. W. Ropes has been chosen for presi- dent of this association for the ensuing year, PLYMoUrH BETHEL MISSION BurLpIN.—The now Bethel Mission school house, recently completed by the Plymouth church people, under the superintend- ence of George A. Bell, is & very handsome structure, situated on Hicks street, near Fulton. It is fifty feet in breadth and elghty-eight feet deep and is three stories in height. The frout !s of Philadel- ia brick, trimmed with Nova Scotia sone. ‘he interior 1 arranged. with the greatest taste and is admirably adapted for all the purposes for which the editice was designed. ‘The opening ceremonies will take place on Sunday next. Upon this occasion @ historical statement will be made by R. 8. Bussing and aadresses by Rev. R, &. Storrs, Jr., D. D., Rev. George J. Mingins and Rev. H. W. Beecher. Le ge cha exercises will also be held at the Bethel on Monday, Tuesday and Wed- nesday next. Boanp OF SuPERvisoRs.—This Board met yester- day afternoon. A report was submitted by the Com- mittee on Lunatic Asylum that thus far $99,419 had been paid out for improvements upon the Lunatic Asyium building at Flatbush out of the $135,000 originally appropriated for the but now the committee tind that $95,000 moro than the sum already expended will be required to finish the work, ‘The Finance Commuttee qe in ‘avor of paying the bull of Coroner ey itherto disputed, ainount- ing to $700. The sum of was voted by the widow of Coroner Michael Slatterly. The Mil mittee were instructed to for pro- posals for rite | & new armory in the Sixteenth ward, the plans for which have been approved. Cortiicates of indebtedness to the amount of 100,000 for the erection of workhouses on the ‘ounty Penitentiary grounds were authorized to be issued by the County Treasurer. The Board ad- jJourned for one week. LONG ISLAND INTELLIGENCE, Eripewic AMONG Honrses.—The horse disease that has been pervading on the western end of Long Island has made its appearance in Suffolk county and kiiled some of the most valuable horses in thai hborhood. Near Setauket some six or eight fine animals have died within the past week, and it is feared many others will follow. In other parts of the nyt the disease has done but little dainage. We have heard of one or two cases of cattle disease on, ‘ht it will not prove very re has been only one case to which the animal has died. The hog disease, which was #0 prevalent in the faborhood of Ni Rockaway a few weeks since a at time jear almost. entire! the black Brevittes.—The trotting horse Euchre, of Pat- chogue, was sold for $4,500. Captain M. Tuthill caught 586 Spanish mackerel in one day at Gardiner’s Isia nd. Captain R. Ly of Patchogue, bas been Fede Tt of Saving Station Novis, He I. inted keo| Rogers, of a of No, 17, and J, Miller, of Eastampion, of No. 24 4 WEAVY BURGLARY IN NEW HAVER, Diamonds and Other Valuables Stolen. [From the New Haven Journal, Oct. 2.) ni one of the hea’ i i a ale ie i a i 2 ov Si Hl Bil ii He f 3iE6 B ef 3 33 Ee i i F) d 5s gE Continuation of the Trial of Joho Doran for the Murder ef Ellen Hicks-The Defence Opened=The Prisouer One of the Defenders of Fort Sumter, Yesterday morning the trial of Sergeant John Doran, as an accessory to the murder of Ellen Hicks ou the morning of August 2, 1866, at Throgg’s Neck, was continued before the Westchester County Court of Oyer and Terminer (present Judges J. F. Barnard, Slitman and Conkling) at Waite Plains. The first witness called for the prosecution was Alice Hicks, sister of the deceased, who was ex- amined at considerable length, and testified that hearing the disturbance around the house and the >atleriag im by the soldiers Canty, Fitz- geraki, Charles Burke, Doram and Martun, she and her sister Ellen left their beds to seo What was the matter; witness came down stairs and saw them gd into EXiott’s house; a short time aiterwards Fitzgerald came out of the house, and, raising ais musket to his shoifider, took aim at the door where witness and her sister Were standing; Fitzgerald discharged the musket, the ball taking eifect upon and fatally wounding E'len; all the sol- diers were in Ellioti’s house, except Fitzgerald, at the time the shot was fired, Nicholas Voltz, ihe journeyman baker employed in Elliott's bakery, testified that he was in the bakeshop when the soidiers came to the shop and asked for Mr. ENiott; he told them he did not know where he was, and they left and went towards Mr. Elliott's house; soon afterwards witness heard @ noise as of the breaking of a door and lefe the bakery; w:tneas went outand secreted himself behind the gate post und saw Fitzgerald raise his musket. take aim at Miss Hicks and fire; there were no other soldiers in signt ai the time except Fitagerald; there was only one shot de erignara ‘Hicks, brother of thé deccased Ellen Hicks, was calied and testified—I was with Elliott on the evening of August 1, 1866, in Murray’ pererns when the + Elliott in tho back room they were cpording about him and he was trying $0 away from them; I went in and ed nem they wanted to murder him; Doran spoke something to the rest of them and they let Elhott go out; after that they followed us out to the stoop; Elliott and myself took the horses aud the wagon and started up home; on the way home they followed us again and burke came up to Elhott; Elliott saw that Burke was coming at him, and knocked him down; Doran then struck Elliott with something that looked like a bar of iron, and broke his arm; after we got home 1 went tobed; some time afier 1 was in bed I heard a noise, and heard my mother crying out that her child was shot I went down stairs and saw my sister Ellen jying on the tloor; she was shot; the builet was lying on the floor (witness identified the bullet); my sister died about six o'clock 1a the morning; she lived about three hours aiter being shot. Cross-examined by Mr. McKeon—I put no mark upon the bullet; I picked it up off the floor and looked at it and put li down again; I know it by the mark of the piaster on it where it struck the wall; after we came out of the tavera we unhitched the horses from the wagon and walked away with them; we walked away quietly: Q Did they attempt to prevent your leaving? A, Yes, sir; they did thew best. Wuat did ihey do ; there were four of them and only two of you? A. They didu’t do ray to me, but Doran said to Elliott he had a fellow here from Mer pean to fix him; Elliot. 1d them to take @ chew of tobacco, and Doraa said he would’nt take a phew from him, he’d rather chew the heart of him; jve Walked with the horses in the miidle of they road; the road to the fort past Elliott's house; I didn’t see Doran aud Martin do anything except strike the single biow; they passed | on; they ran away, all fourof them; the next morn- Ing 1 saw one of tue Burkes waiking along taeroad, about eix o'clock, towards the fort; I told Justice Burns, who was with mo, “there is one of the mur- derers ;”’ ne appeared to have been drinking: I took hold of him, and the Justice ‘sent him over to the town house; “this Lurke Was acquitted; we walked slowly away from Murray’ with the horses; they ‘didn’t have to rum to overtake us; | didn’t see Do- ran bave anything in his haod at Murray's, Sergeant Steers, of tne Metropolitan Police, and officers MoMaun and Phillips were examined as to the circumstances attending the arrest of tho Prisoners; oiticer Phillips remembered that there was alight wound on 's when arrested, 43 did also oillcer McMann. Justice uurns was sworn snd testified as to the measures taken by him on the occasion of the homi- cide to secure the arrest of the prisoners; witness took a portion of the evidence of witnesses at the inquest, prior to the arrival of the Coroner; accord- ing to Witneas’ best recol lon, without refer- ence to the minutes of that testimony, Eliott stated iu his evidence that after he dropped from the window of hus house and confronted Burke, ‘Burke ran towards him (lloti) and shoved the muzzle of his gun in his mouth and snapped the cap, but it did not Ko off” (the tninutes say “mouth and face”), The witness, Eiliott, in his direct testimony testified that Burke aimed at him and snapped the cap; tuat he lowered his musket and the bayonet fell of and that Burke thea pushed bim (Klliott) against a iree near the fence, The District Attorney desired to show that Hllott ‘was so exhausted of excited when giving that testi- mony at the inquest that stimulants had to be gives him to enable him to give his testimouy, Mr. MeKeon, prisoner's counsel, suggested that this was merely Wauting to prove that wey had to make Eilott drunk before they could get win to tell the trath and objeeted to the admission of tue proot. ‘The District Attorney waived his olfer upon the ob- jection being raised. Mr. Livingston, a civil enginecr, was called and identified a diagram of the locality of the homicide and testided to its accuracy, it being made under his direction and supervision. Hugh Gallagher, residing at Throg’s Neck, was then called (for the prosecution also) and testided in Telation to tue finding of a rifle im the road in the morning, after the homicide was commitied; aiso that he went to the creek which Hlliott had swam across and found the gun which Elilott had thrown into the sedge on his way to inform the authori- ties. On ht of the ist of August witness was in in hs own house and abott eleven or twelve o'clock was awakened by @ noise outside the house; witness arose from his bed to ascertain the cause and heard the voices of Elliott and his mother; heard Wiliott say to his mother to let him go—he would lick or would hit the Fenian son of @ b—h, or words to that effect; witness believed Mrs, Elliott was trying to get Alick Elliott into the house; witness did not see asgn of any soidier in the road; heard Mrs. Kiliott say come into the house; was certain as to hearing Eliott use the words stated; kuew his voice very well; had been acquainted with Elliott and nis mother for about five or six years. TheDistrict Attorney attempted to have the min- utes of the Coroner's ba eed containing Doran's ae admitted in evidence. Mr. McKeon objected on the ground that the re- quirements of the statute had not been compiied with, inasmuch as that the prisoner was not in- formed before the statement that he could no time was Syd him to pI art sus jection and the minutes were excluded. the evidence for the prosecution. Mr. McKeon then addressed the jury briefly, set- ting forth the theory of the defence—tiat the soldiers having got into the fracas at Murray's tavern, and subsequently on the road became scatiered and on returning to the fort found that one of the Eurke’s was missing, that they afterwards returned to find him, he being the man who was met about six o’c ock the following morning on the road Richard Hicks, and that what are? was not a premeditated act, and ti i ter in 1861, and exhibited @ haadsome medal, pre- pented a Doran by the Chamber of Commerce of pt York for his participation in that gallant de- fence. Michael Kearns was the first witness called for the defence and testifled—I was at Murray's on the night of th Elliott came into Murray’s other sol- ie 1at of A’ 1866; and Doran rns thers at the time and three diers with him; the soldiers were Elliott asked the men to have a tay 2) to have a drink; Elliott called for a di wo. at as he didn’t wouldn’t be licked there; after a while they went outside and Burke commenced tall ; Eihott and Richard Hicks took’ horses and went towards i's and I went a of ghd i, it, and came back to 2 \diers were in the tavern; ‘was ander the Influence of . Jacob an, First United artillery, was next calied and .testified had know: 1965, ‘tuown Tit aa b we ‘ known him as a well man and was s pone as on the Chee cat on top a cut arrest; 1 had never in the fort with her testified i A portion of the taken already 3 Ww. a was at lp Slade a le Sareea ee Kennedy, at Throgg’s Neck, next oor to Elliott, was ca'led:—Was living there A 1 ahi witpeen up daring that nignt a:ten: a row outside and raised window aa ak Bl tt with his mother; he told his mother to “ies bim go till he’d Mek the Fenian son of & ;"" Elliott was in his shirt and his mother took him inside the house; witness saw ® man In a linen duster runaing down the other side of the road; I have lived nineteen years next Elliott; could not be mistaken about him, Bilouy belted aiitee frocks wilh him; ha trouble because witness could not avoid it; alicoas every one had trouble with him some time or ovher; Witness! trouble with him was Mfveea Years ago, bub was all over long ago. Robert Foster, ge! t company H, First United States wa ext sworn ppt eae November, 1860; always je man; Doran was wiia E ir; I was in the battles at Fred- "iad command of a pioce at Willasase ¥ a didn’t Know that he was o/10| general orders at Williamsburg, but he thought highly of as @ soldier; most advanced only tue. length of a he at Wiutamsburg fieid the enemy; he defeaded that position until he was driven from it, Patrick Ciancy, in the same command, was next called:—Had been in the army twelve years; have known Doran since about June afew days before the battle of Gettysburg; was at Gettysburg, Antietam, Chancellorsvilie, Wil- Mamsburg and at the Wilderness; I have known him ‘tobe a peaceable man; always aaw bum try to avoid i trouble. Michael Mi testified—I was living at West chester on tho ist of August, 1866; it was between ten and eleven o'clock when Eiliott came into my ; there four soldiers skting in the bar roa} Naala to. them and two citizens who no would lick pe waald be. felane to bt ang it a that Elliott was licked by tiers, they Loony eyed leit his place. Witness described in detail incidents of their depariura, but the above is the most imporiant portion of bis testimony. Tudwe Cochrane was next called and testified:—I ‘was present at the trial of Fitzgerald; I took some testimony at that trial, and have no doubt those notes were correctly taken (ide! the manu script. Mr McKeon then offered in evidenée, as testimony of previous good reput..*ion, the medal presented to Sergeant Doran by the Chamber of Commesce for his services in defending Fort Sumter, The proof was admitted, together with such pom tions of the testimony of previous proceed! as indicated that witnesses in tue preseut trial had given testimony differing materia:ly from thela vious evidence upon the same state of faote, evidence for the deience was then At seven q’clock last evening Mr. McKeon com- menced summing up, the theory of his argument, which was elaborately wrought and supported by numerous eminent criminal authorities, being that to Gnd the prisoner guilly the jury must determine that there was a complicity of motive to comm't (he crime between Doran and the otier men engaged therein. Know! and intept must be proved py a eros eeide awe galfeics of the coust room were stil! speaking. ie galleries 0! filled iy indie and gentlemen, great interest boing manifested. MUSICAL AND THEAIBICAL NOTZS. The New York Circus opens on Tuesday. _ The Worrell Sisters play in Baltimore next week. “Richard the Third” has been burlesqued in Len don. ‘Tony Pastor prodnoes his female Leotard on Mon day. Impresario Ulmann will bring Alexandre Dumas to this country next year. Mr. E. L. Davenport took a bencMt at the Park theatre, Brooklyn, last night. ‘Migs Oclia Logan made a successful début in Lon don ag Lady Ann in “Richard the Third.” Miss Kate Bateman has just concluded an en- gagement in Liverpool, which has been unprecedent- edly successvul. ‘The Lydia Phompson burlesque combination are to be burlesquet! in cork by Parks, of Kelly & Leon's, Parks approciata’ the novel, the beautiful and the ludicrous. f called “The Conquest of ae pea — eed at Astiey’s, fondon, Ww! vod wrayer died a indent ore f actors and militar; e jeanne de Lagaeris?! @ now drama with which the Oaéon, Paris, reopeneyl, 1s a complete failure. If is in verse and is by M, Marc. Bayeux, It 13 sake baider plot and niore iada ed laaguage bave not often boen conjotned. “Humpry Dumpty,” of Oiyx pic fame, is boosting thas his income in the pass saven months, as ox- Libited i the returns fo the internal Revenue Bureau of thus city, exceeds by #,.ms ranginz from $10,000 to $60,000 the reostpts of any Other theatre 1m New York. On the izth inst. tho pied Will undergo @ thorough reconstruction and a new And enlarged ballet wili be added to the atéractioas, ' ‘The following matinces are anvoanced for <)is after- “varve Bleue,” at Nivio'a; “No ‘Thu Tough. the Broadway; “iiumpty Dumpty,” xb the “The Grecian Bend” and Lingard, at M10 3 the “Fairy Shamrock,” at ‘Tong Signor Blitz's Wenders of Magic and Ventriloquiam, at Dodworch Hall, Ip view of the fact that Leotard, the gymnast, is shortly to make his debut in tus city, tue follow. ing from @ Parisian journal may not be deemed i:t- timed or ont of piace:—‘+He 1s about to try the pulse of the peopie of the United States; bu he hopes to make money there, he must perform very difer- entiy from what he has beén doing of tase, and par- ticularly at (he Ainambra in London, were, although stil! run alter, he was thought far inferior to hie wondrous feats of former years, America furnisnes, en the greatest number of superior gy maasts in the whole worid, and tere, at least, a quiet, ian- guid a of trapéze-fiying wil have no chaace Wha- ever of obtaining applause. A grand concert will be given to-night at Irving Hall by Mrs. Jenny Rempion, tue favorite contraita, fs Beene aie the eminent pianist, and other weil known artista. The programme promises to be an ineeressing one. Henry J. Byron’s two latest works, “ Blow for Blow” and “fhe Lancashire ” pave been re ceived with great favorin England. The author has pd way to @ leading position among Knglish . Theodore Thomas’ Central Park Garden concerts still continue with unvarying success. To those who have regularly attended them during the season they have proved instructive as well as one tertaining, for every style and school of inusiore ceives attention on the ra Charlies Blanche de Bar, in Me, Barron, assisted by Miss rels at the Hi New York for the preseat, in consequence of engage- at the princtpal theatres in Vienna, Berlin and other parts of Germany. Among them are Messrs. Bene mann, Reinhardt, Bernhardy and Comments, and Misses Siegmann and Kubie. The stage manager @® ‘Mr. Oscar Guttmann. The costumes and else to make the drama most effective are said tobe of the richest and most costly character. The sea son will open ou Tuesday night with “The Bride of gers. She is her own manager and engaged the company herself. Tt ts bardly necessary to speak of the genius and dramatio power of Janauschek, for sme is already known and appreciated in tap country, In purely ciassig art, in profound Knowledge of the elevated subjects she loves to represent and the meaning of the great writers she interprets,as well as in the thrilling effect it may be said she has n0 oa- perior in the world. Our actors and sotresses should stady her as.@ model of the highest Classto art, and our orators might learn her the loftiest aad purest elocution, Jansaschek appears here as the Tight time to represent the classic Grams, for it wil Dee change ate aroma tees SNe emivereas Divelien “Black Crook’ LosPr RAM iia Paneer some time which they must satiated. j utter di more noble and ‘srevating’ Rus cas | ' ‘