The New York Herald Newspaper, November 24, 1868, Page 10

10 THE GREAT RAILROAD WAR. Erie and Wall Street on Their Merits. Judze Barnard’s Order Appointing Jay Gould Trustee Vacated, SHARP LEGAL MANQUVRING. A New Receiver of the Property of | poraitin the Company Appointed. SUPREME COURT—SHAMBERS. Before Judge Sutherland, Meimtosh vs. The Erie Railway Company, August Belmons and Others,—This great case came before | vefore they could be recall! this court yesterday morning on the return of an ‘erder to show cause why the injunction granted tn this action by Judge Barnard should not be set aside, ‘ogether with the order appointing Jay Gould trustee of the Erie Railway Company, with powers And anthorities of a receiver, and the order amen- datory thereof, issued two days afterwards, em- powering Jay Gould to purchase with the funds of the company 200,000 shares of Eriestock. Theorder to show Cause was granted by Judge Sutherland last ‘week. Messrs. John E. Burrill, ex-Judge John K. Porter, A. J. Vanderpoel, William Fullerton, Clarence Sew- ard and other gentiemen appeared on behalf of the platatif, the success of whose suit is to the para- mount interest of James Fisk, Jr.; Jay Gould and Frederick A. Lane. Messrs. Charles A, Rapailo, ex- Judge Edwards Pierrepont and D. B. Eaton repre- fenied the defendants— Belmont, Selover, Lucke and ethers of the antagonistic faction, When the case was called on the little hencoop uscd as thi erowded to the utmost inconvenience, the counse) engaged not being able to obtaim a seat or room to place a chair, had they secured a vacant one, None oi the parties to the suit were personally present. Upon the case being called on the counsel oppo- wing the motion to vacate made a most strenuous epposition to the motion being heard and asked for delay, urging that they had not been allowed sufii- cient tine to prepare. Judge Sutherland, after repeated protests and so- | Necitations, decided that, In view of the magnitude of the inveresta involved and the time ulready elapsed wince the service of the order, the motion must be proggeted with, MP’ Kapallo then opened tne motion and read, as Me moving papers, the order of injunction in te Mcintosh suit, the order modifying it and appoii- jng Jay Gould’ uustee, together with Gould's peli- tion (ail of which have been already published), aud siated that the Belmont complaint and the order therein (which bad been granted by Judge Sutherland) his Honor was already familiar with. This inau McIntosh, who was the ferry superiu- Yendent of the Erie Railway Company, claimed to De the owner of some shares of the stock of that corporation, aud prayes thai all other stockholders @xcept himself be enjoined from prosecutiug or in- #tituung any suits agaiust the company based ou Aleir new issues of stuck. Mr. Rapalo sald he did mot ior the purposes of this motion iutend to fay anything of tue motives Which induced the learned Judge (Jadge Garnara) who granted this order to Sraat it, but be deeply regretied that any member of tus court shoud have peruiutted” nlinself to be prevailed upon to graut auch an order. | He woud, — therefc only two or thr legal vould — first read Mr. Lelmont’s answer, which denied ail the al- Jegatious of the Melatosh Complaiat. After reading the complatnt Mr. Rapaito said there was ne founda- taon in ii for the order restraining the commence- Ment or prosecution of suits. It was not competent Jor any indtyiaual stockuoider to say that all other slockuolders mu une in and jointly prosecute his Fut, or allow their riguts to go by default aud re- anain unprotected, So far as this order appouting a receiver Was concerned i Was utterly null and Vou. ‘there was no allegalion or reason shown to justity such appoimtinemt on the facts Ket forth in that complamt, Tu the next piace the learned judge who signed tat order must have done BO Without looking at the statutes, which would have clearly and tudisputebly shown that no juuge, out of court, or net holding the Special ierm, bad power to appoint # receiver in any case, except a siugle instance, the facts to make up which had vo existence here. Me then cited the statute Which prescribes the power of the court in respect to the appolutment of receivers, and i tual in supplementary proceedings on e% sport & receiver other- a8 provided by the statute. If, therefore, this had been the best case in the world for tye ap- pointinent of a :, & judge out of court Mad no power to dott, the case not betug one of such sup- pewentary proceeding. He desired to avotd as mich & poss ble any reflection upon the action of anybod), and therefore made this motion for tbe ap polntment of & recetver im tuls case upon Strictly eral grounds. Of course the setting aside by this court of orders of injunction, if suck a de epson be arrived at, woud carry wit latory order, that order { keveral of the statutes of thi d ty bay Up 200,0N0 shire ng the president and trustee of the c mace ret plac ony jor & compauy te approp purchase of its own stock, for whren a director is made iiwle io Imprisoument for it was also in confiet with the sratutes vork \ company sual! pare displayed 1 OL Ail Usa He POINETKS f tue Coart, an anded Uuiat hi would leay J his Honor’s should at ‘0 be thee y weil kin aud Would not prohibit als (Mr. n denying the allegations upon which ths anew ni mout was made, it was far frou: being assamed on the part of theop- position that the saccs set .orta in tas ausweg Were Burriil's) cients f © Sutherland—Have you any aMidavits? arcil—We hays nene, sir, We are not only ted J Ung afidayita, but counee the other prevented their bi Mr. Burrl week and on Saturday ouly tow cause Why the Meiniosi be vet aside, as well as th id receiver and Ue order wodt- ase #0 urgently aud © doing (bis and ex- ch might arise they nent Cot. Helumoat, might be repued to, bab belind tars med, me inte cour plainue aud dud, ho as an autdavit, wineh charging auprop uy tue ' order, or uy the pi of the piantifs reiuting those extended to them have f ee allegations an avowiny his questions arising va Us mo- ‘ irouw the other side wou dicawent. ‘The position in sought 60 plave sheut Was uu- amavilily Ww me T prouuscuous wrangle and display of uu wit eusued between coun i t. Barri, ab the ciose of d again Lou aLutnde oF a lawyer ¥ vigorously tiie Mine, said tn ip on the validity ‘of tt intended eRUiOn ler in the now car Mcintosh suit. ‘The outy partes, as he (iurrdl) ao. plerstuod It, were Helmout aud MCiniosh. Mr. Kapallo said due gopice of motion had been scvved upon the aitenmey of the rie iailway (on upany. Mr. Hurrili—Who ## this attorney? Ni Ke said it Wag Mr. Wiliam M. Tweed, Jr, Jus ig reriaud, alter some discussion, decided to eur it on lis OWN OFdER, | Air. Burrill sgaum began his complaining of lack of obhigivgness vy “ius other aide” abd aburiiited nis posuion to te design of “that party” to prevent the plaintiut from bringing before Ue Court the cir eur rT which the original order was ob tained aud tie good fein of the plant, The most vial abd Important g yo Was the goud or bad fai of Ee pian in wak af it be trae that he oad benefit of the stock: @ thiy appiication—whetier momenced the suit lor the rm, of whether in colluste with ober parties, a8 charged by the other at The question of collusion Was Lie very gist of tus eapre controversy. Tue plantit, Molitorn, enarged Couusion against these defendauts, under whose ad Five these complaints heretofore mstituted are now ft) peguatitnted again. And they, (0 prevent @ fair ed judkeation of is cage, hoW Cuarge colusion on tie park Of PING Mad wor plavitur ay much right to aak @ deterinination of questions between iway Company au@ we stockioiwers exe inses OF BLUCK, BS the#e defenda Ir it, Was conceded by tue otier ss a ail gpa Wi gh NUL UM ianly a Ud OK Yo eae chambers of the Supreme Court was | | rie Railway Company. i | point | Ge a feanid for mont’s apenas ayant bus ng plaintiff was abso- Autely en! myunotiol At this stage ideas and matters became generals confused, owing to yg oy counsel hour. Objected to by reviously ad- wed three or four times, and ‘maintsining among other points that the reti of the kes ad shares was soiely for the benefit of stockholders, Sutrerland wanted to know where a cor- obtained its aul to buy up its own tock. They were of issu. created for purpose ing stock in the process of their business, They had no right to buy any; that was a principle which every child who had ever heard of ne well understood. Mr. Burrill answered the question (?) by asking what horn of the dilemma would be seized bold of if it were aetermined that this stock was illegally issued, They would have to distinguish the shares tilegally issued from those properly issued Judge Suiheriand—And this order authorizes Jay Gould to buy this stock and to use the funds of tie company for that purpose; but does that order tell rata to deteruiine whut stock is good and what is bad t Mr. Burrill—Of course not, sir, Jadge Sutheriand—Well, what is to become of this money with which the stock is to be bouzut? Mr. Barrill—Well, we will see. Judge Sutheriand—ts it the company’s loss or not? Mr. Burrill—Of course it is not the company’s loss. Judge Sutherland—Well, the parties who hold this ine stock can recover the price paid for it cer- tainly. Mr. Burrill—If you cannot separate the illegal from pb i stock the suares must ail be bad, or all goo After some further argument on these questions, in whieh i was whispered that Mr. Burrill and his wes were “talking against tue’? to secure sume other point, Judge Sutherland suggested that Mr. Barril! had better pass to tue question of the power to issue this order, a8 (hat Was a very Important consideration, for the reason that if the order was issued illegally— | i his brother Barnard made an order whica he had | no right to lasue, It was absolutely votd a” initio, Mr. Burril wished to know if the position assuined Was that one judge had ao power to make an order of this deseriplion unless he was sitting’ in a particu. jar place, and that place the speciat Term rooin of | the Supreme Court, | dudge sutheriand said the question was whether a | judge, at any place, and not holding court, wheter | at tis house, in the street, or anywhere, had the | power to make an order appointing a receiver, This question received a very promiscuous hand- | ling, Mr. Burrill maintaining that as a question of ub- siract power, outside of all questions of practice or | regularity, or courtesy, such an order was just as | good as one granted in this room. Mr. Pierrepont then proceeded to make the closing argument on the motion, and prefaced his discourse with the Lint that “words would not cover up ths case.’ It was a plain, simple matter, and he cared noting about the averment of the other side that tueirs Was or Was not @ collusive suit. He would ¢ their complaint and orders and show that the: were absolutely void, The aMldavit of Fis fet out substantially that Belmont and others were about to bring @ suit against the Erie pn Company and its directors, and that they found it oul. They found out that a stockhoider was to pro- ceed against the directors. The plaintiff Belmont was Interested in the bringing of his salt to the ex- tent of $400,000, * At the close of Mr. Pierrepont’s address, which was ey scrutinizing, a brief desultory argument ensued, and the Court nitimately granted an order aside and vacating the injunction in tae M case, together with the appointment of Ja: us trustee, and the order amendatory there, tuorizing him to purchase for the company, at any | price below par, 200,000 shares of the stock of the The Belmont Case. August Belmont and kynest B, Lucke vs, The Evie ; Rallroad Company, James Fisk, Jr, Jay Gould, Prederick A. Lane and Others,—After considerable discussion as to whether this case sirould be then heard or not, Judge Sutherland decided that it must be heard, saying that he was not going to leave thia property without anybody to take care of it. He believed that some oe should be appointed to assume con- trol, and must come to that conclusion from the papers on both sides, the MclIutosh party them- selves having songht the appointment of a receiver, aud having liad Jay Gould appointed to and accept- ing the position under the order in that case. Mr. Burrill then objected to thejr being forced on to argue it, stating that he had not had time for the settioment of any papers and that it would be unjust of tue Judge to make an order in the case without giving them a hearing. Judge Sutherland gald. he was willing to hear Mr. Barrili. Mr. Burrill observed that if he were heard he wanted to be beard upon the papers, Mr. Porter asked if the Court would not allow them to finish affidavits that they were interrupted when drawing. Mr. Rapallo replied that they had had six days’ notice of motion, and this was the use they made of it, coming tanto court now and complaining that they had not had time. Several of the counsel on behalf of the defendants simultaneously objected to any hearing being bad, and stated that they were without papers and that it would be unjust to compel them to proceed. Judge -utheriand thought that m the face of the facts admitted in the complaint just argued and set forth therein, and of the fact that Jay Gould himself, the President of the Erie Railway Company, had by petition songht the appointment of a receiver, and hat he himsef had accepted that oifice in the Meo- Intosh suit, that the appointment of a receiver was necessary, aud he could not graut avy postponement without & he ‘of tue motion. Mr. Pierrepont catied the attention of the Court to jolation of, an injuneuon last spring by which a amount of the Erie Railway Company's prop- erty was carried off to New Jersey, and stated that if taal recciver Were not now appomnted ty Was nothing vutam lajanction to be wolated in order that tue ne course tight be again adopted. Judge Sumteriand, in reply to Mr. Burrill, stated that they bad given the control of this company to | several men, aad now in view Of that and tie alle. | galion oa the olWer side he did not Know how it was | * sot hum reasonably to avoid bringing the urder to aettic the question event le rent of a receiver was necessary. thiuk that they could produce atidavits forth facts which could materially alter th necessity for such aetion as developed by the papers and « sures In Lae case Just argacd, Mr. Porier suggested that Those papers alleged facts which be wished to deny; but he and his cates: would have been better prepared to proceed with tie niotion had they been willing to work on San- day. They presumed, however, that they woald have n allowed reasonable thne io answer. As it was they had during the wiiole of Saturday ait if there was the remotest » Sutherland asked ft, bie to show that there hud oi thet Wega . Porter replied that he thought there was, Judge Sutherland asked how, if that were the case, this new pusition could be at all consistent with rs just used on motion in tic Mcintosh case ? ir. Kapailo recapitulaied the facts alleged in the petition of Jay Gould, and ciaimed that the whoie petition assutmed that there had been stock illegally issued. Judge Sutherland asked how It was that they had necessity to haye a receiver appointed in that case on the petition of Jay Gould, and that lie ed to that ition, furnisuing a bor curity 10 the 8Gua Of $2,000,000, Wiat could thai all be about? The genUemen must presume at least that he (Judge Sutheriand) understood plain Laglisa and the principies of logic. He must, in justice to himseif, assume (hat no aMdavits could alter the propriety of appointing a recetver in this case, Tho defendants had already thewseives gov a receiver appointed, and on the strength of a previous order had obtained @ modifieation by which this man Gould was authorized to go tito the inarket and buy » hundred thousand shares. Wi possible at toore Was pot something wrong in Mr. Pierrepont stated that if his Hower did not r this motion at once these men might do as they ‘They would flee the State aud carry property of the company, sdge Sutheriaad—L wall hear the motion. Mr. Prerrepout suggested that if the order the Tt felt dispozed to make Was not proper it could dissolved subsequently, bat at least for the present red WO protect the property Of Che stock loid- er# of the company. Mr. Burrill asked if the Court woald not give them A cliance to yet ready? He thougut tals was exceed- ingly hary dd unreanouable, Judge Sutherland said that without sacrificing bis Judginent he could now see what possibie alteration im the stater fatairs any new aMidavita could make; what Was the point of tiese new alfldavite? Hae: Burritt stat Javits would alow Buch facts us they wished to prevent im beliait of their clients, They had not had an opportunity to Air: porter asked the” of the counse! now before him were in that case of iitigation iast issues, He did not think serve its di would give aq Judge befure whoin the question was Low was the Judge wio rendered that Burrill was now clauming Wat it was @ question of power of the Cour., whea it had been de- o.ded, Mr, Pierrepont said that if the order which the Oourt proceeded to make was erroneous it could hereafter be modified; and he asked the Court to and to hold it, rr that his Honor he had no feeling in tus matter, He hoped thas it was so, He had i ed that Mr, Surrill) an cunity to present bis facts. They bad we late on Saturday mghh SHA wnlie nself and Porter had been in court to-day oticr counsel engaged in the preparation of been papers. It seemed to him now not unreasonavle ask that his Honor should give them more time. last Tuesday the order to show cause was granted his Honor, and contained provision that ume oa be allowed until last for the service of further papers. Until had elapsed it was imposstb e for him (Mr. Burrill) or his associates to tell what papers were to be used against them and what they would have to use in opposition, said he did not doubt what Mr. Judge Sutierland Burrul said, but he saw no reason or justice in granting delay. Mr. Picrrepont—Are we to be kept here all night? ‘This is all a scheme on the other to make titne: Judge sutherland said be thought if this afcintosh suit had vot been already before him and developed the facts 1t had done he should not have been averse to granting a postponement; but tn, view of these developments, unicss with consent of the opposing counsel, he felt inclined to go om with this motion, Mr. Pierrepont, Mr, Rapalio ana other counsel here joined in a cnorus of “No, no’? Mr. Rapallo said that they were now dealing with is es wio aid not acknowledge themselves to be bound by iaw, by injunction or by anything cise, aud they, See, must act promptly and decisively with them. A confused muttering and argument. here ensued and some excitement followed, both among coun- se and spectators, when Mr. Pierrepont said:—The Judge says “go on with your motion,” and go on—— ‘ : Mr, Rapailo—Will your Honor please secure order n court ¥ Afier some further confusion Mr. Rapailo opened the motion upon the papers in the Belmont suit aud all the affidavits. Mr. Burrill asked for a recess for three quarters of an hour, and, after confused argument, the question of postponement again arose. Judge Sutherland said it would be very great in- convenience, not to him personally, but to al! che other parties, and perhaps subject some of them to great injury if a postponement were granted. If anything wrong was done under the pressing of this invtion it could be remedied, Mr. Rapallo then proceeded to read some of bis papers, and a perfect buzz of excitement ensued among the opposing counsel, in the course of witch Mr. Brown sald, “i will go and get some papers,’” and hurriedly 1eft the court. Mr. Rapalio again stated that on this motion he would use the papers used to dissoive the injunction in the Melntosi case, and would also read the papers used on that occasion, together with tne com- will afterwards cheerfully vacate it upon a fuller } hag. = Fiterton—wen af hogs z ae Pa Se Sam ther Col 1 a fe‘tdcluted fn fits order of reoelvership. Mr. Rapailo—.es, and every corporation in New York better be included it they are in the condl- tion this corporation is now in, Judge Sutuerta&d—Give me your order, gentle- meu, and | will appoint @ receiver. Upon this announcement the most intense excite- ment and confusion preyailed, the counsel for the | defendants clamoring for an opportunity to be heard, ‘At length the Court decided to hear what they had | to fbn whereupon Mr. Burrill took up Beimont’s voluminous complaiut, occupying fo or fifty pages of closely prin’ matier, and pi read the facts contained therein, He was interrupted by the Court with the assurance that the Court was thoroughly conversant with its contents, as it had carefully examined them before gran’ the injunction, notwiibstanding which Mr, Burri continued with his recital, insisting that it was in some way relevant to the Mcintosh Iuv nn. One of his associate counsel at length arrived and Produced some aflidavits which he proceeded to ‘The aMidavit of O. H. P. Archer set forth that he was well acquainted with the management of the Erie Railway Comoany and of its previous adminis- tration, and that the present had been the most eco- nomical and advan to the stockholders gene- Tee ay Soy 40 man wi ity and accuracy, the purchase by Fisk, Gould and others on belaif of the Eee Railway Company of {he Weehawken ware- bouse had been @ transaction of great aavantage to the eom| f. Dowell deposed that he was famillar pany, Nathaniel with the circumstances of Rue paris of the Oak cour property st Weehawken, and negotiated the pur- chase with Mr. Drew; that the purchase was a wise one for the com at acost of $350,090, and that the original was greater than that for which the company, purchased it. Abraham S. Hewitt testitied that he was thorough- ly acquainted with the cost of rails, their manufuc- ture and 80 forth; that he advised Gouid to buy the roiling mili at Trenton for the manufacture of steel rails; that no one could doubt the propriety of the pure.iase and that it resulted advantageously to the company. At this stage of the proceedings it was so dark that the aflidavits could with dif cals. be read, aud a change of base was ordered to the General Term, when the gas was lighted and the arguments con- tinned. ‘the large crowd that had thronged the chambers left the building, and not more than twen- ty persous remained until the close fof the discus- sion. These were principally composed of the coun- sel in the case and the reporters, ‘the reading of the alidavits being resumed, Mr. Hewitt set forth that he was requested by Mr. Drew to go over the road with him and examine the con- dition of the iron upon the track: that he had done so and had found it mm very bad condition; that there * was some conversation with regard to the purchase of steel rails, and that deponent suggest to him the propriety of ge steel-faced rails; that the old iron rails could be brought into use for that purpose; that bis suggestion was adopted and had resulted in a saving to the company of $375,000 on the lowest price for wuich these could be imported. Mr. Blanchard, freight agent of the Erte Company, also testified that thegcompauy was never in a more plain, ana anidavi a, i, ae, otmoat salt, | prosper Fa ahi s uta sa veal He then rect at some length the facts | than under th . set forth in the compiaint ni August Bel- Justus 1, White deposed in regard to the transfers mont and other documents, and proceeded | of Gould to Drew upon the former succeeding vo the to argue that this Mcintosh suit showed plainly that the parties interested had connived at the petition of Jay Gould themselves by accepting positions un- der him, On these facts he submitted that the case was made out. His Honor had already stated that the other side could not take back what they had already said in their bill of complaini, and the facts developed in tl argument } Sunday. | it to tak present these to the Court as they were enytied to have, af ? Jadpe Suthertand asked Mr. Burrill what there now facts tenled to suow that he desired to intro- duce, air. Burrill replied that they would show @ dental | of almost every allegaion ju this compialae of Belmon'. and said th case th at a simtiar w the a Wi VOly WieUieuy, Mad Eye Boke J Were proweue ub be jab ere ie any ua Lorene jy Lie eruer 1 myeel he just concluded, He could not conceive that if Mr. Gould could now swear to # different state of facis that his aMdavit could be entitled to credit. ‘The Court could see that the whole affair was @ contri- vance hace ‘away the property of this companys, and that it would b» unsafe to leave it unprotecied for one hour, He trusted that the Court would not ut it In unsafe hands. The General Term was now ju session and could review the proceedings if any wrong were done. Mr. Porter said that it was precisely for the pur- Dose of avatling theinselves of such review that the desirea to have ail their papers heard, but which were bow incomplete. Judge Sutherland requested counsel to state gene- Tally What they expected or intended to show by the amMdavits they desired to produce, Mr. Burrill stated soito voce to Mr. Porter that they could not do so in justice to themselves, Mr. Rapallo again urged that they had had elx days to prepare for the motion and they should have known that it would be proceeded with, But neither Court, but fo Jadge holding the regular U cour a ju 0) regul court, and it must pe ‘conceded that they had given the other side plenty of time. Instead of pre} to meet this case they had used their time in getting up these papers in the Mcintosh case precisely in the way the company had always done by ataving of the results of their action. Judge Sutherland—Mr. Porter, there is one thing that amidavits cannot do, They cannot swear away. No affidavit can give this corporation power co issue one share of stock illegally. cede that, Mr. Porter—We concede or deny nothi on itis to Sutheriand—Weil, I take "fie pas id important for you, to prove anything, to do so entirely out- of thoae papers used. Jt is important to show that that sait was brought in good faith— that 1¢ Was an honest suit brought to carry out what it alleges, it is iny ible for me to say what I cap do otherwise than to appoint an officer to take care of the property of this corporation. Mr. here attempted to address the court, Ju Sutherland said he wished Judge Porter were in his place and he would perhaps see it as he Judge Sutherland) saw it. Under the circumstuaces 1 could not grant the delay. At this stage of the proceedings the defendaat’s counsel appeared inclined uot to go on with the case. Mr. Rapalio handed a paper to the Court saying; “1 will ask your Honor to grant mre an order to dis- solve the Mcintosh injunction, together with the amended order.’* Mr. Burrill suggested to Mr. Rapalio that It would be better to wait antil the Court had considered what its action would be, Judge Sutherland then proceeded to write on some papers which had been furnished him, and a perfect Hutter of excitement was observavie among the counsel associated with Mr. Burrill. ‘Several of the counsel cried, “Walt, Judge, walt, Judge, we want to be heard.” They tren asked for & brief recess, me | that they wanted to seud for some papers; that Mr. Brown was momentarily ex- pect A number of the counsel tuen begwn to munch sandwiches and other portable edibles with evident reiiah and surprising appetite, and which the provident gentiomen had seut messengers out to procure. It was now four o'clock and none of those pro had had any opportunity of obtai ‘@ aid. day lunch. A perfect avalanche of ex parte business was launched upon the Judge by other counsel who were waiting in the conrt room. Afver a delay of about ten minutes Mr. Vanderpool Lay ‘din conrt, and after a conference with Mr. Burrill aud other assoctates ad- dressed the Court, stating that they could not be ready then, without their a(idavits, and that ibeould not be expected that they would work ali day on (Langhter.) Judge Sutheriand (betraying evident surprise)— J thought you had sent out for papers some time ago. ‘Mr. Vanderpool—I have some unfinished papers, nt they are not ready to be presented to the Gonrt yet, Leannot see what necessity there ts in this great haste, There have been no papers served upoa anybody. Judge Sutheriand—Weill, 1 witl state afiidavits that you could bring in could diference in the aspect Of this case. Mr. Fullerton (who had just entered the court) ly vbserved—Suppose the whole thing is de- ake much ige Suthertand (inquiriug!y)—Suppose the whole thing is Mr. iy stated that there was something very arkavle about thts hot laste. He did not had yet been presenved to the Court to indac auch hasty action, He did not know of the existence of anything that made it necessary. There Must be something else (sarcastically), Judge Sutherland—You would be much more likely fo ciscover that If you were on the other side. (Laughter.) Mr. Pierrepont again repeated lis request that the Court woud piace the property in safe hands, Judge Sutheriand sata that noting could retievo him from placing this property where it could be taken care of Mr. Vanderpoo! asked iiis Honor if he would bear them at twelve o'clock that melt, (turmurs of “No, By.” rove in volumes from the othe Je.) Mr. Vanderpool, exciiediy buttoning his coat, “7xen we domund as a right time to finish these amdavita, 1 feel warmly about this matter (shaking bis fst), and for this reason.’’ He then referred to a case which occurred two years ago in Which le appeared before the court, and when, contrary to his wishes, a delay anied, adelay something similar to that which applied fe Sutherta i—-Yes, that is past. -Well. [know It is past. Mr. Futlerton—On, yes, the law is past (satcasti- cally). What reason is there for all tus? Me. Pie nt then rose and addressed the Court, | a interrupling With yw, Mr. Pierre. pout” ‘pout wherenpon petuiautiy re- eponded, “Whenever will your side get through Judge Sutheriand-—1 waat to bear this casé now, Judge sutherland—Gentlemch, when this case was commenced I gave you an hour and a halt for your argument. Tha’ pired, aud tt is now her. Mr. Katou here rove 2 dressed the Court at considerable leagth on behalf the motion to set aside ( orders, his argument belng nutiniy con 1 to @ recapitulavion be Vatious transactions that It was timist Sutherland aatn announced that be must all respoustbuily faily w. do What he heved tobe his daty, and when he looked the facia developed in the Meintosh cake he could not Htten to thts motion for apestponement, He did not think that counsel could saythat (hye adit Was brought in wood fuch . feu ¢ Sutherland rin thu ¢ i think it ie my dnty to appotnt € it cannot ti e ybody. T suppose you will con- in that no | l deny that any suth power oxiats | ‘on (indgnantiy)~ Who has controverted | latter as ytreasurer of the company. The atticavit of Mr. Hiiton, transfer clerk, set forth that he had reaa that part of the complamt which referred to the closing of the books of the company before the election, and that it was claimed that 4 Violation of the ordinary custom had been made. He averred that the books were closed from the time of the preceding litigation last spring— from the 15th March, 1863, to the 16th July, 1868; that during the interval a large amount of stock had been transferred aud had not been entered on the \books and that a large amount of business had been done in entering of such transfer, and that the books were closed (hus carly for the purpose of facilitating the movement. Giovanni Moracini, the entry clerk, deposed that there had been no false entries made since the October clection by Gould, Fisk, Lane or others, and that no alterations had been made since or at any time prior to that period. Homer Ramsdell, Mr. Barr, general ticket agent; Hugh. Riddel, general superintendent; H. N. Ou secretary, and others, all deposed that the adiatrs o! the company been successfully and faithfully conducted; that no false entries or alterations had been made in the books of the company, &c, ‘The joint aMdavit of Gould, Fisk and Lane ret forth that no convertible bonds had been issued since the election of the new board of directors, in October last, and no stock issued except upon the surrender of convertible bonds issued prior to the accession of the new board. A long, rambling discussion ensued as to whether and when any illegal stock had issued, whetier before or after the election of the new buard of Di- rectors, ‘The counsel on the Be!mont side, however, entirely ignored the question as to the issue of stock, claim- ing that the convertible bonds had been fasued prior ‘to the election and held in reserve. William Belden, partner of James Fisk, and Mr. Smith, of the firm of Smith, Gould & Martin, en- tered the room, and after a short consultation with the opposing counsel leit in ap] it haste, and subsequent similar pi Rave rise to the belief, expressed several times during the evening by Mr. Pierrepont to the Court, th: was some outside ep: simuar to “the fight into Jersey” of last year, on the ‘apis. Mr. Burrill then read an aMdavit of Jay Gould em. em § probably not Jess than a hundred folios of a matter, and, alter a lengthy argument, con- elu . Mr. Pierrepoint then closed the case, and Judge Sutherland directed that Henry FE. Davies, ex-Presiding Judge of the Court of A ap- pointed receiver of ali the property of the Erie - way Company, to furniah a bond in $1,000,000 for the faithful execution of his trust, and that, as fast as the funds of the company accuiunlate in his hands to the amount of $500,000, they be ited with a trust company. The detailed terms of the order i a 2 be settied on Wednesday morning at ten o'clock. | 14 was now nine o’clock, and all parties left the { { court thoroughly exbausted after an argument and discussion oF more than nme hours witugul recess, OBITUARY. Captain Benjamin More Dove, U. 8S. N. This geptieman, for nearly forty-two years an oMecer im the United States naval service, died at Key Weat, Fia., on the 19th of this month. He w: a native of Virginia, and entered the navy from the District of Columbia on December 1, 1526. He served with credit, being promoted at different pe- rioda to higher rauk until July, 1862, when he re- ceived the conuntssion of captain. During the rebe!- jton the deceased was in active service until the ist of December, 1864, but does not appear to have par- uel in any of the wore important naval eu- gegements (hat distinguished the contest. At the expiration of his last eruise Captain Dove was placed on the retired list and assigned to doty as Light Hiouse Inspector, AS an oliver Ie Was much liked, his death will be generaily regretted. } Waddy Thompson. By a telegram from Tallahassee, Flortda, the | death of this gentleman, formerly member of Con- | gress from South Carolina, is announced as having }o ured at that place yegterday afternoon. Mr. | Thompson was born on the sth of September, 1798, at Pickensville, South Carolina, of highly respectable | and aMinent parents. He was educated at the Souch | Carolina College, at which he graduated in 1814, and ' after studying the legal profession for over four \ears Was adimitted to tie bar in 181% Entering into | politieat life, the deceased first appeared in a representative capacity as a member of the Loxgts- | lature of his native State, for the Western circuit of | which he was solicitor at one time, He aiso became | & brigadier general of State troops, though ia what | year We are not certain, In 1836 Mr. Thompson was | Clected @ representative to Congress, serving for Taree terms, and being tn 1840 chairman of the Com- | mittee on Military Adairs. He aeciined a re-elecuon ) im is4l, and dai the following year received the appolutment of Minister Pleuipotenuary lo Mexico, | On big return to the United States he wrote and | published @ very interesting work on the adjoining republic, Which had quite an extensive circulation. Alihough by no means @ brilliant public character, | Mr. ‘Thompson Was @ an of marked ability, Mls | career afler hig returp from Mexico was uniaterest- | ing, aad whether he resided iy Florida at ume | of His death of Was Merely sojourning at Tallahassee weare nnabe to state, At the Lime of his demise he was in the seventy-firat year of lis age, and with lus death another of the prominent Southern. poll- | tel of the Caihonn era has passed away. SHIPPING NEWS. Almanac ioe Néew York---fais Day, | Moon set¢...norn 11 Tligh water..mora 3: Novewnen 9 A. M. Weather, 7) meee Washingto | Fortress Monroe. | Btebmond New Orient | por oF NEW YORK, NOVEMBER 23, 1968, nexzznzzz Pr Herald Packages. Coptaine and Parsons of Veanela arriving at thie port will plonse celiver all packages fatended for the TY rey orined agente who are attached to | Yeobt feet. The New York Agaociated F do not pow | collect mative reporte nor attend to te delivery of packages, | ae will be ween by the following extract from the proceedings | of hue recuiae ssouthly mecting held Maced & s5d3i— itenin NEW YORK HERALD, TUESDAY, NOVEMBER 24, 1868—TRIPLE SHEET. Resolved, That on and afer Apri the Exsbor'ot New York. "Pensed acto The office of Sr eeneren inet owners eels will be Herald steam yachts J, ‘lip. Alt communications = a the masters Of fnward bound CLEARED. Steamship Hammonia (NG), Meier, Hamburg—Kunbardt & Ship Co, Bark Strathspey (Br), Clark, Melbourne—Mailler, Lord & ‘Ocean Belle, J 2 Bate Galler (tal), [ne eras or, fg EB Morgan zeae ‘Theodosius Chretien (NG), Schmurfleger, Gloucester, Bark Jas 8 Duffus (Br), Blauvelt, Antwerp via Philadel- Ponari Neversink Gibon, Cardenas Son & Co, Ranier ait Bark Linday iladelphin.3 W Elwell & Co, Bark Lakerhbe (ar); Rood; Piiladeiphiacd’ F Whitney & Co. mos Angostura (Br), Morrill, Ciudad Bolivar—Harbecks & Ye Hirig Lark, Seopean, Barbados—Ji & Lough. Brig Leoua (bp, Mlahop, St John, NB-P t Nevins & Son, on, Blatchford, Chariesion—-N L MeCready oditté Robt Du! & Schr Enchantress, Walter, Para—J Bishop & Co. Behr Wanderer, Thorndike, Belize—B J Wenberg. Schr Jesse 8 Clark, Clark, Indianola and Lavaca—N L wen We Holunes, Tay ley, Georgetown, 8C—H W Lond & Co. chr M Holmes h a nd & Co. Schr Othello, Bldridyer ‘Georgeowu,' DCN L MeCready & ©o. Schr Onward, Bunker, Boston—Jed Frye ¢ Co. Rehr Mary, Hoxers, Portland—Snow & Richardson, Schr Mountain Laurel, Langley, Noston—Jel Frye & Co. Sehr D Kaba, Stocking, Gromwell-G & Kackett & Bro. Sieamer M Stovens, Chance, Baltimore. ARRIVALS. REPORTED BY TA HERALD STEAM YACHTS. Steamship Virvinia, Kennedy, Galveston Nov 10, via Key ‘est, with mdse and passengers to Williams & Gulon, Hal syrong head winds al! the p . Steamship Sherman, Heury, New Orleans Nov 14, and SW Pass Vth, with mdse and passengers, to Saml Stevens. Ex- pertenced heavy weather and head winds the entire passage. Sicamship Hermana Livingston, Cheesman, Savannah, Nov 19, with mage and passengers, to Livingston, Fox & Co. From Hatteras experienced very heavy NW. winds and s 22d Inst, 40 miles § of Delaware lizhtship, passed steamship! San Salvador, Mariposa, and Georgia, and exchanged signais with steainshlp De Soto; hence for New Orleans. Steamship Virgo, Bulkley, Charleston, Nov 19, with mdse and passengers, to'Arthur Leary. Had leavy northerly gales the entire passage. Steamabip Hatteras, Roberts, Richmond, City Potnt and Nortolk, with mdse and passengers, to the Old Dominion Steamatiip Go. Steamship Saratoga, Alexander, Norfolk, &c, with mdse and passengers, to NL MeCready, gtvamship Virginia, Drew, Alexandrfa, with mdse to Jas and. Steamship John Gibson, Winters, Georgetown, DC, with nudge to Phullpa & Brown: Steamship Volunteer, Gallagher, Philadelphia, with mdso, to.J Lorillard, Suip Humboldt (NG), Peyn, Hamburg, 50 days, with mdse and 416 passengera, to Henry W O Edye. Had heavy SE and SW winds the whole passage; hud one death (a cnid) among the passengers, Ship Elsinore, Clark, Cronstadt, 69 days, with mdse, to De Groot & Beck. Had’ heavy westerly gates for 35 days, be- tween lat 50 and 60 N, and lon 20 and 30 W, with very heavy sea lurge quantities of water and washed everything movable from olf deck; abifted cargo and hove the ship on her beamends; for the last 20 days to the westward of ion 85 had moderate Weather ; Oct 14, Charles Madeira, seaman, fell from the upper to ail yard to the deck and was killed; Nov jon ox 8 Int 44 38 with ship Con- nce (Br), bound B. The E is uteide the bar. Bark Idaho, Chapman, Aspinwall 19 days, with make to Had‘heavy weather and been 4 days north of ‘Hat- teras; was boarded off the Iightehip by the Herald steam yacl brig Ouracao (Br), Lockart, Omoa, 2h days, w' I dc, WHI DeWolt & Co, atten tee wit the entire ‘and been aix days uotth of Hatterasy Nov 10, lat $4 10 83 W, spoke achr Solferino, from Port Royal for Bos- steering with Wet #8.N long 78 30 W, ‘saw ship Mart Brig Kildare (Br), Macomber, Windsor, NS, 12 da: wide to Grananil, Uaspurey Gor Olt Molaee' fine, Wee fm collaton grits soe Ella Bangor, coal loaded, bow « cari . Gue Nand imped trots the sobooner ar the tine of theeol lislon and came on fn the brig. ‘The schooner had bulwarks stove, ), Bennett, Dorchester, NB, 6 days, N ton Brig Joun Lewin (Bi with atoue, to P I Nevius & Son. Brig H Rolerson, Lunt, Honton, 8 days, in ballast to roaster. Sonr G Wright, Cropper, Baracos 1 Jas Douglass. Had'very heavy weat ‘compelled to pass sout of Abaco and out of NW Provi channel been 4 days nor of Hatteras; lost fore gaff and all of port side, Julia K Floyd, Squires, Washington, NO; 8 days, with naval stores to NL Mecready & Co. “Had strong northeriy w Schr Helen A Hoyt, Erickson, Alexandria for Jersey City. Behr Lacy Youes: Muasel; Alexapdris for New Haress Schr E R Kirk, Burnett, Alexandria for Jersey city. Schr J B Scull, Scull, iria for Jersey Ciay. el nia. 20th inst, ina heavy NW Plow, last part of wood aud apitt foresail aud lying ih. ‘Schr GB Smith, Baker, Virginia. Schr E White, Eaton, Virgin Schr John Slusman, Weaver, Georgetown, DC, for Jersey » Schr M W Griding, Griting, Philadelphia for Hartford. Sebr Anna Myrick, 8 Philade!pina tor Pawtucket. Re pa dincharged rinkwater, via New London, where 4 A clr H Shaw, Bishop, Bangor via Norwich, where she clsehar; one *Fidson, Pollock, Rockland, 6 days, with Ime to og Schr, Wm © Hall, Pressey, Rockiand, 6 Jays, with lime to W rown. jaSSHE Boogal, Sietoon, Rockland, 5 days, with mete Havi- ‘Schr Young Teazer, Salem, Bch Amita Hubtard, Hoston for Philadelphia, Schr Jamies B Knowles, Scott, Horton. Sobr Amos J Lawrence, Perry, Boston for Philadelphia, Sebi Laura T Chester, Les, Hoston. Sebr Joseph Rogers, Nantucket, 3 days, with fish to AS Young, Nantucket, 4 days, with fish to Miller Behr Jd Schr A M Smith, Harrie, Naut 4 with fish to Rogers & Co. ee en ONS cur Wa Smith, Wilson, Nantucket, 8 days, with sh to Rogers 50. i Schr Mary Romain, Wilson, Chatham, Behr Thomas Powet, Andy, Marion, Sebr Arust, God{rey, Somerset. Sebr Jane, Selsey. Fall River. Schr Henry ‘Sears, Providence for Bandout. Schr kliza Hamilton, Cole, Providence, Sebr Mary A Predmore, Hart, Providence for Phitadelphia. Sebr Jaber f White, Allen, Providence for Ron:out. Schr Sarah Pete Fletcher, Providence for Elizabethport. Behr Vermiiiten, k wood, Norwich. Scbr Cornelia, Webber, Norwich for Elizabeth Sebr Wyoming, Hutton, Hartford for Patiatelphia, Sebr ncten, Maeee, New Haven for Philadelpbia, Nebr Breere, New Haven for Virginia. cpr Mary A Lore, Lae gg ao if Fong id tata r ‘'rench. New for Elizabethport. Sebr Fred Lewis, Portiand, © . Schr Florida, with cotton from tie wrrek of the steamship Marmion, ashore at the Submarine Wrecking Co. Sloop Sarab A Green, Burton, New Hay Kr1uexen—Scbr M E Wella, Jennings, henee for Virginia, Nov: 1:38 PM, when 15 miles south of Absecum. was run ints by schoooer EM Fox, from Phiadeipbia tor Kosta, carrying away our foremaat, Rying jibovom and jib, the bad F carried away her jivboom. BELOW. ett Denon, from —— (reported by pilot boat Francis Per- SAILED. Steamship South America, Rio Janeiro; bork Pallws, Bo- Wind at surset NW, Marine Disasters. Sm BELLEsvoNt—San Francisco, Nov 21—T'he particu- lara of the wreck of sbip Hellespont ‘are as follows :—The ‘uable, om account of the thick weainer, to take for threo days previous to the disaster. The re ni 5 o'el N king the Helle neiius Soule, capte ry Flem drowned. 1, #econd mate ; Fret ‘n, Michael Jobnaton, James Green, Chas Wilson, 4¢ Thomas and Chas Brown were saved.’ The survivors rouched this city, with the exception of Henry Fleming, who in wtill at Peseardero in a critical condition, from wounds re- ceived ai the catestrophe, The Hellespont was sevemy-nine ye out from Newcastle, NSW, laden with coal for thie . 0 Yeascl and carga ® total ‘loss. The coatempiated erection of a lightho olnt would bave preveuied this and previous marine dieas Buta Esticy, Wom, from New Orleans for Boston, put into Hyannis on the 2éd inst, with sails split and jo a leaking condition, where she wil! repair and proceed Wy Bostiwa Sou 18 BROOKS—A fore and aft schooner, in ballast trlin, was anen west of Huntington, Li, on Wodaesday, isth, PM, with her masts raking considerably ait, and ry be Che vessel which Was 1H coillsion with steamer Providence on Tnesday. eared to bave been carried away, (A later account ste joat ihe schooner proves to be \e tho Harriet 8 Brooke, of » Wrecked forward, both bows being stave to ti She will be takeu to City Isiand (or repairs.) x Sox, Wyman, from fan Jomber, apriing « ink 8th jo run ber tate Wood Island barba ina heaty NE gaie, tide, Assistance w: nearly all the cargo, whieh ts being ahipped expeuse of the underwriers or whom it may concern. Sou Nevure C. ‘ort tates She is complete ater's edge for Boston, with o1ng to pieces on Captat od.” The Nellie Carr wee Ane nem sehooper ot nee Dailt at nprer, and ow! Daptain Charles Vo i and others of ur, Sod was boule trout Wercham, Whee, to New York. Atibe Time of the disaster she Was in command of Capt Scowman, pao remaining al count N Miscellancoue. ‘We are indebted to purser Edw Henderson, of the steamer Virginia, for Galveston and tate Key West papers. Purser Fred W Ely, of the steamship Herman has our thanks for full les of 8: ab papers. LAaUNcunn—At Eastport on the dd Mist, from the yard of Baward Rossel, a Gne modslied scir of % vos, oamed the Annie L Wilder, owned by 4 Wiluer & Sou. At Brewer Ieth, from the yard ot Isaac Dunning & Sous, solr Addie L Cutler, of 20 tous, to be commanded by Capi J G Smith, Whalemen. Cleared ot New Bodford Dat inal, echt Washington Free- man (of Fairhacen), Braiey, Atlantic Ovean. ‘At Menace Sept 5, bark Java, Kempton, of. NB, with 10 bbi6 ep vil. Spoken. Ship Derby, Gof, from New York for San Francisco, Oct 1, iat 520 8, a 0 Ww. oy, Laurens, Got, (rom New York for Sea Fravcitco, Sept 18, iat 06 40's, lon'47 We Ship Cranqnebar, from Bath for New Orieane, Nov 19, of Nawticker (oy plot boat Wia Ul Aapiuwall, Nu diy. Foreign Ports, jagston, Botwos arnns, Rept 30-—Arrived, bark, BA Bouder (Br), Pays 6 if (Br, ~SS Hoaton ; Luin, ship Na N * Y ray hire Setegawa, for New York, ARAL Wg; Azglda & Oknev Jo port abips ton, Sioger, and St Albans (Br), Pike, ony bigs ‘Tiber, Arey; Chicitain, Meare; Verson (Hr, Liston; Caienita, Suillaber, aud Ohy of Byduev (Br), Brown for NYork, Cae Mil; Benning pide arg |G), Franzen, from Ham- arene ae Pacific Coast (in ballast); lickerson, and ae havent tne Sat ™ ‘Sir Bobert Peel a Saeeriae sone, ‘Minstrel (Br), Penny, (trom NY, eeceseanaty Novl—la ‘port Naka Nor 7—Balled previous, schr Richard Hill, Hulse, Pout Spar having Mor tls ar en Saree Anat, ‘ickerson, id (Bi Rinoies ding iy Tait eat ch pe a), : n ia for RYorK’Clowas 5000 Mee); briga Brave Couedh, Tandem! fordonui Gu dope Peirce Check, tetas tora. aunall (with 400 do). SURiNAM, Nov 4—In port brig Aristos, Crowell, for Boston days. Sailed Oct 3 Unicorn (Br), Lewis, Boston. xe Prenn ( arth, Nov 5 Arrived: sant Virginia, Johnson, fi rk. Sr Jouns, NF, Nov 2—Arrived, brigs Mary Curley (Br) Day, Nor’; Maty Le Blane. Wry Grimes, and Ottawa (Bie Hulls) do; Mempfts (Br), Santor, do (aid cleared Th for Cow Bay); 7th, 8t Vincent (Br), Ganion, do, American Ports. Nov 21, PM—Arrived, brig Alfaratta, Bib chr Senator Grimes, Merrill, NYork. wid Clenred—Brig Timothy Field, Emerson, Surinam; scbre A M Cusdwick, Coan, Baltimore: Ann 8 Brown, Fisk, do; J L Newion, Kich, Alexancria, ied 21st, barks Jehu, and Steilian; brigs Protege, Hattie the roadé, bark Bro- Eaton, Reseue, and Ossipee; and trom thers; 22d, bark David Owen, Qud—Arrived, steamers Roman, Philadelphia; Neptune, NYork. HAUTINORE, Nor B1—Arrivody gebrs George 8 Adame, Baker, Boston; ‘abens, Hrage, Newburyport. Clentod—-Barks Bertha (NG), Schwartz, "Kiusterdam; Clit- WOnied Seber EW. Alexander (Br Si —Sel a Ne BANGOR, Noy 20—Saited, scirs Alblon, Smith, and Loch’ ep Haskell NYork, BATH. Kor 30-"satle, ship Ellen Goodspeed (new, of a <3 MONROE, Nov 23—Passed up for Baltimore, brig Sarah crore ee sap eae brig I Staples, Passed out, bat ware, for rare; plea, fet ‘Navasea sehra Victory, Blanche, A’ Denike, and Lucy W der, FALL RIVER, Noy 20-Sailed, achra_ WR Gen, Bearse, NYork; C € Smith, Phillipa, and Mary Susan, Snow, do. 2ist—Arrived, schr Daniel Brown, Grinnell, Georgetown, De. GALVESTON, Nov 10—In_ port brig Eliza Stevens, Phin- ney, for Boston {n a few days, Idg 8 0 bales cotton ; and'others. KEY WEST, Nov 9—Arrtved, schrs Early Bird, Rogers, NYork (and cleared same day for Pensacola); 10th, Alaska, Appleman, Mysiic (aud oleared same day for Havana); lth, Nina, Pierce, Nassau; 12th, Nousueh, Ingraham, do; Mthy Steamahip Euterpe, Gates, NYork and cleared same day for Galveston), Cleared 12th, bark Adelaide Norris, Reed, Mobile; T2if, sehr 8 T Barkalew, Bak Great via Pensacola cer, N w MOBILE, Nov 1s—Arrived, ship Lydia Skoldeld, NYork. NEW ORLEANS, Nov 18- Arrived, steamship Ki Babson, ‘Boston. ‘Below sicamship Yazoo, Hodges, on NYork via Havana. Cleared—Steamship Oriental, Paine, Boston; brig Alwine (Brem), Rahmaua, Genoa. List“ Arrivod, aleamuship United States, Norton, NYork. Satied—Steamship Gen Grant, Qaick, NYork. Yd—Arrived, ship Marcta Greeneat, Bates, Greenock. NEW BEDFORD, Nov 20—Saued, achf Mary Shields, Waite, Philadelphia, 2ist-Arcived, schra M H Read, Benson, Philadelphin; Har- riet, Crowley, Fort Johnson, chr NY chr Helen, erry, NYork. NEWPORT, Nov 23— Arrived, bri Providence; schra Lunt, Boynton, Elizabethport for Provi- dence; Sarah L Stevens, Studley, do tor do; Mansfeld, Achorb, Hoboken for do: Samuel Nash, Wilbur, do for do} San Lins, do for Wareham. pAOHWICH, Noy 20—Arrived, sche T P Abell, Howes, Ho- en. NEW LONDON, Nov 20—Arrived, schr L H Pharo, George- town, 3. NEW HAVEN, Nov 22—Arrived, schrs Edward Linsley, Hills; Silas Wright, Warren, aud Chancellor, Ferguson, from cou! ports; ware, Crockett. Kondout; Julia A le jer, Philadelphia} M x, Cert, Port Johuson; Mary ‘Tice, Thee, dos sloops Proof Glue, Hallock, Port Johnsons Temperance, Mackey, a0. Y PENSACOLA, No¥ 16--Astived, bark Arctic, Welsser, Lon on. TLADELPHTA, Nov 21, PM-—Arrived, steamshlp Saxon, Bogge Boston; barks Peddler NG), Weller Hotierdam; ies! ai fibbert, Lendons brige W Hut ‘Liver. Sa oR Na yd i Rey, ‘viverpaol Mt Loutee ‘iia, Burmah, Rondout for DoFadden, StJobn, NB; Alice &, Parser, \. y k Aun dcitnuetn, Norgrare, Barbados schra Hotke Washinaton’ Cebus Browese Lynn; Dick Walllame; Soren, aan ba es, ‘Hoy.Jes, Boston; Cherab, Layman, Alesandria; Trans Endicott, aud J Kienzie, Steelman, 8 Boston; HJ. Holway keiem; W OF i Me ‘Boston; Hen} Hitt ciites Ate ane ican cet, & E Marin ‘che, Cedar ii i CE, Nov Si-Arrived, schra Amelia ¥ Cobb, Gov, Manatee Somes, Adeiaide, Macomber, Elizabeth, . Henry May, Rackett, Rondout; Sarah A Falconer, Wilson, Rondout for Pawtucket; nioop Nortou, Pougl erred a Haze, Hall, Grand Turk, TI; achrs M R Car- ary A Predmove, Hart, and Arcturus, Smith, | a ci Movtezuma, buiger, and Gen Scou, Norwood, ‘ork. 22. Arrived, schrs Win F Phelps, Cranmer, Georgetown, DC; Wm M Wilson, Brown, ans Selah B Strong, Luitie, Ai- Cea ee ene a onatans Tammi, Keceets iy OF 301 row! Pinadelwias C40 Brooks, Brooke’ do for Pawsacket; Chas fiules, Disio; John Lancaster, Wiliams; Alpine, Mar- ail; Charger, Mahan, and T'uuis Bodine, Bunce, Etizabeth- ‘Go Kelly, hondeut sor Paw! et ; Horizon, New- od an; Lavina Jane, ‘Conklia; Alice © Noyes, Crowell, aud Aimon acon, Crosby, Koauout, Sailed—sehrs White Foun, He Baltimore; Elisba T Smith, Harvey, Eligabethvoct; C Bentley, Baker, aut c ward, Arey, NYork. PAWICCK ET, Nov al—Arrived, ache Sarah A Falconer, Wilson, Kondout. SAVANNAH, Nov 22—Arrived, ry be Gen Barnes, Morton, aud Zodiac, Hines, NYure, ach & F Cabada, Phi deiphia. Arrived, brig Ida Ls Ray, Rockland; schrs Margaret, and Fanmle Keatingy Cleared. iv Maytiower, wre. SALEM, Nov 20-Salled, Dols 8 B Hart, Nathaniel Ste~ vens, and IT Means; sebrs bivic Davis, Joansoa; J Cadwai- ader, Steelman; J & Aiea, ae, nod MJ yyy! Case. Philadelphia, 8 & M Siceituan, seul, do; anda Gect of others bound South and Bast, SILALINGION, NC, Nov 22—Arrived, steamship Ashland, York. _ — CON SUMPTIVES TAKE NOTICE. A very moment of delay makes yourcure more hoy Rad niveb depends on the judicious cauiwe of @ remerty. ‘the Ainowtat of testimony in favor vf Dr Schenck's Pilmoate Eyrup, as @ cure (or conaumpeon, (ar exceeds all tat ean.be port the pretensions vf auy other medicine. See * pamphiet, contauiug the certificates of many restored, brought to su; Dr, achenck't persons of the highest reapectability, Who have been o health afver belng pronounce acknowledged abuity, Schencl ciired inany, ax these evivences Wil Show; bi oliea promoted by the employment of two ot whict DF. Schenck provides sor tis parpose.. These addi- tlowal remedies are selunea's seaweed Toulc aid Mandrako Pils. By the timely use of those medicines, accordug to directions, Dr. Schenck ceriiies (hat most any case of cons suraption may be cuted. f Dr. SCHENCK will be professionally at No. 2 New York, on TURSDAY, Nov. 24, aud at No. Boston, on WEDNESDAYS, Nov. 2. He a’ thorough examination of the hings Respiromerer the price is 83, Ouive hours at each A.M. 3B. Price of the Pulmonic Syrupand Seaweed Tonic, exch per bottle of #7 60 the halt dozen. Mandrake Pills, 2 per box. A full supply of Dr. Scenes # medicines (or saie at il times at bis rooms. Also for ante by all druggiate au! & Sold also, wholesal to Demas Bai Hardware, Ware, tab.e Cutlery, Goal Vases, ere, Cooking Utensils, and Ginse Ware, Be BEAL Y Pedi } st EDWARD DL. BASSFOR ‘Cooper Institue. BEOLUTE DIVORCES LEGALLY 0} 1A “any Stato; no puviicity; no-charge until divorce Odiain @d) success guaranteed | advice (uae, BSOLUTE DIVORUES LEGALLY OBTAINED IN ANY State, without pubilety or exposure; good every where. Ro tees In advances Couanitauion tree. & guaranteed. THOMAS DIKEMAN, Counsellor, 7) Nassau street, BSOLUTE DIVORCES | LI ¥ OBTAINED 18 diferent States. No publicity. No charge Ull divorce Notary Pi Commis Obtained. Advice tree. Also ‘om sioner of Deeds for every State, F.1. KING, Counselior at Law, 261 Broadw: A.-TRUTH 18 waar rom hair was thin. forced m. new James B. Wateon, Sixth KR. Gross, otice 34 —¥————$$— ASA Positive axp UNFAILING CURE FOR BO By plies, coins, braises aod suschonte of the Lev's MAGICAL PAIN EXYMAGIUR Is 4 ‘all to be without ap equal, 2 cents OFFICIAL DRAWINGS ‘Missouri ers yee 60, 29, 6, 36, 63, oh 9, are a om Y¥-RETRA CLAGB N "8 ee crigt Oe sa tarsidacs nt See its Havana _— pwnd 168 Pule ation arated he Lotteries by J. OLU Booker, 0 ton street. _— a DAILY IN TEAS Y re = all nat ot Grow syrated sores of THOMAS &. NB ne colireenwich and streets, New York. OLN B. — CURES OF DY er BPst NO Moke Meaatpaton, Narre Liver aod Necvous Disorders, by Du, Barry 4 stelovons, REVALENTA AK. BICA FOOD, fity tines ts coat in medieines, 1 tb. a0; BE Ibe, ta Chocouate, per box. white faves Ti Alto Revav and all efocers and chemist