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8. were excessive and would result in ae fits to the stockholders and others interested Crédit NEW YORK CITY. Mobilier, and that the railroad com} was not A anahorinee, Sp make such coniracins a, as ,on the cou! trary, we 16 THE profits which the Gredié Mobilier derived trom the we T, mult tot ‘the benent of ie asockholGara, ie furtose z ir UwiTeD STATES DISTRICT COU charged that the o ion of the Crédit Mobilier > Dect: inthe “After Dark’? Coutroversy= ai & Jarrett Restrained from Repre- senting the Railrond Scene in Their Play. Before Judge Blatchford. “Angustin Daly vs, Henry D, Palmer and Henry C. garreli, TNs 18 aD application for a provisional in- junction to restrain the defendants from the public regan! was collusive, and that the arrangements between the two corporations were fraudulent and made for the benefit of the corporators. An injunction was geapwea enjoining the completion of sy ie making of any further contracts restraining the payment of to the Crédit Mobitier by the ad company. An accounting was also prayed Yesterday the case came before this court on a mo- , \d from the sale | tion by the detendant, the railroad company, for the performance and representation, an Temeval of the cause to the Ont tee Col Jor dramatic representation, of a scene called the | anger the act of Col of July Hird agence “railroad scone’ ina play called “After Dark,” Judge Blatchford, after reviewing the relative status of the parties in the sult, the law of copyright as ap- plicable to dramatic performances and representa- tion, the cases in the law books similar to this, the decisions rendered thereon, &c., concludes a lengthy decision as follows: Now, in consonance with the principles laid down by Lord Lyndhurst, the piaintit is as much entitlea to protection in respect of a substantial and material origina! part of his “railroad scene” as he is in re- spect of the whole. Under the act of 1858, constrned in connection with the act of 1831, he ts entitled to be protected against piracy in whole or in tby representation a3 well as by printing, publishing and vending. Although the act of 1831, in printing, publishing and vending, uses the words ‘in whole or in part,” and the act of 1856, in to representing, does not use those words, yet the act of 1859, by referring, as it does, to the right conferred Dy the act of 1831 as the “sole right to print and pub- lish” the copyrighted composition, when such right is, on the face of the act of 1831, the sole Tight to print the Union Pacific Ratiroad Company. It was op) on the ground, substantially, that the course of action implicated both defendants con- jointly in a series of transactions which prevented any separation of the subject matter of the com- plaint. further claimed that in any event the other defendant was not ehtitled to removal and both must stand together. Decision reserve: A New Affidavit by Mr. Belmont—Answer of Mr. Diven—Arguments ef Mr. Vanderpoel and Mr. Rapallo—The Argument to Proceed To-Day. August Belmont and Another vs, The Erie Railway Company and Others.—The argument in this case was resumed yesterday after the conclusion of the regular calendar. On Tuesday a new order was made to show cause why Judge Sutherland’s order should not be vacated and set aside. Mr. Vanderpoel opened the proceedings yesterday by reading the order to show cause and a short afMldavit that the papers in the and publish “in whole or in part,” and b: . bie er Gtha “aslo right, "also, bos nce, suits brought by the Erie Railway Company against rform or represent the same, or cause it to | Vanderbilt, Work, Schell and Drew and the papers acted, performed or represented on any sLage or public place,” must be held to confer the it to represent in whole or in part, All that is antial and material in the plaintiffs “railroad scene” has been used by Boucicault, in the same order and sequence of events, and in a manner to 'y the same sensations and impressions to those it represented as in the plaintif’s play, 3 uit has indeed Ps the plaintiff's series of events to the story of his play, and in doing so has evinced skill and aré, but the same use is made in both plays of the same series of events to excite, by representation, the same emotions in the same sequence. There is no new use, in the sense of the Jaw, in Boucicault’s play, of what is found in the laintifs “railroad scene.” The “railroad scene’? Boucicault’s play contains everything which makes the “railroad scene” in the plaintiif’s play attractive as a representation on the stage. As in the case of the musical composition the air is the in- vention of the author, and a piracy is committed if that in which the whole fneritorious part of the in- vention consists is incorporated in another work, ‘without any material alteration in sequence of bars, £0 in the case of the dramatic composition, designed or suited for representation, the series of events di- rected by the author in any particular scene is his invention, and a piracy is committed if thatin which the whole merit of the scene consists is incorporated in another work without any material altera- tion in the constituent parts of the _ series of events or in the sequence of tie ~events in the series, The adaptation of such series ol events to different characters who use dif- ferent language trom the characters and language in ‘the first play is like the adaptation of the musical air to a different instrument, or the addition to it of variations or of an accompaniment. ‘The original Subject of invention—that which required genius to construct it and set it in order—remains the same in tie adaptation. A mere mechanic in dramatic com- ‘ition can make such adaptation, and it is a piracy if the appropriated series of events when repre- sented on the stage, although performed by new and different characters using (lifferent language, 13 recognized by the spectator through any of the senses ‘to whic’ the representation is addressed, as conveying substantially the same impressions to ‘and exciting the same emotions in the mind, im the same _ se- quence or order. Tested by these principles, the “railroad scene” in Boucicault’s play 1s undoubt- edly, when acted, performed or represented on a #@tage or public place, an invasion and infringement of the copyright of the plamtiff in the “railroad scene” in his play. The substantial identity between the two scenes would naturally Jead to the conclusion that the latter one had been adapted from the earlier one, ‘The charge of actual plagiarism on the part of Boucicault made in the biil 1s not denied, It is hardly Possible that the resemblances are accidental, and ‘that the differences are not merely colorable, with a view to disguise the plagiarism, The true test as to whether there 13 piracy or not 1s to ascertain whether there is a servile or evasive imitation of ‘the plaintif’s work, or whether there is a bona tide original compilation made up from common ma- terials and common sources, with resemblances which are merely accidental or result from the nature of the subject. (Emerson vs, Davies. 3 Story, 768, 793.) Nothing that has been adduced on the part of the defendants affects the validity of the plaintiff's copyright on the question of the origi- nality and novelty of the “rail scene” in his piay. The sale of Boucicault’s play to other per- 80l8, With a view to its public representation, makes in The People’s suit, with Judge Balcom’s order and opinion, had been served on the receiver and the plaintiffs. These matters were all well known to the other side and were not properly new matter. Mr. Rapailo said that they had a short aftidavit to resent (Mr. Macfariand sald they had sent for it, ut it had been delayed), and also the answer of Nr. Alexander S. Diven, which had been only just put in. Mr. Diven’s answer sets forth that the certificates of stock signed by him last spring were signed by him in blank for the ordinary transfers of stock and not to be issued in conversion of bonds, and that that use by the treasurer was without his knowleage or assent; that his duties as vice president in the maa- agement of the trafic business were very onerous, and that he did not take an active part in the finan- cial management and knew nothing of the issue of any but the first $5,000,009 of convertible bonds, Mr, Vanderpoel then commenced his argument. He did not see that Mr. Diven’s answer made any change in the facts. The first point he would discuss was the practice question of whether such a reargu- ment was proper. He had always supposed that the re-examination of interlocutory orders during the pendency of suits was a common and ordinary prac- luce. It was @ common practice to have a mouon denied with leave to renew. It had been equally common when the parties subsequently discovered new evidence or were surprised to move on such new facts for leave to the court to renew the motion, and this was commonly granted and not necessarily before the same judge. ir. Vanderpoel read several authorities to show that such leave was granted if the parties were surprised or the decision was erroneous, and claimed that they came within these rulings. {it was alleged by the defendants that all the new facts in this case were existing and were known by them at the time of the making of the motion before Judge Sutherland, One of the cases cited in Smith and Spree held that @ judge ee ermit a renewal of a motion on same facts. ir. cfarland—That isa proposition we have never denied. Mr. Vanderpoel—We certainly understood Mr. Emott to deny it. If they admitted it 1 would only be necessary to brieily refer to the case. Certainly the quoting of the Livingston cause could have been only for the purpose of denying that proposition and asserting that an order could be only reviewed by appeal. In the matter of Liv ingston the order made on the petition was a final, not a provisional order. There seemed to have been some idea floating through counsel’s mind that an interlocutory receivership differed from other pro- visonal remedies. Such an idea was without foundation. One rule applied to provisional remedies. The rule laid down in Livingston's case was in to a final determination of the proceeding. He then cited various cases to show that the doctrine of res adjudicata did not ap- ply to interlocutory orders, and called attention to the fact that only two of the defendants—Fisk and Lane—had been served before the argument before Judge Sutherland. Could it be heard that the other seventeen gentlemen could be removed—for that was the practical effect—and not be allowed to ask to be heard here because the two had appealed? Judge Cardozo said that he need not spend further time on that point, as he was satisfied that the fact of an appeal to the General Term did not take away the power of the court. Mr. Macfarland here said that to meet certain in- sinuations that had been made they desired to read the Lollowing afidavit:— es receiver to run the stages long enough to wind . Rapallo sald in that cage the court acted ita general equity rete and not from any Giscuasig the propontion thas Wi {eriediction to make this order is must be set aside re. He thought that question would be more prenesty argued on a ; but he was D aj Eee Reta Richtee saci aes ot therefore te set je unless he were satisfied judge Sutherland had overloeked some impor- tant points—a matter for which he would nave to go to Judge Sutherland’s mind. There were some mat- ters in this suit not controverted, These three tained for the! ar Pag a sa a vast com fe Pc ‘ablaw ily 3 they twenty-five millions of had ‘used the property so control! for their own private gains, producing public distress nd inconvenience and risking the ty of its company and the interests of stockuoiders. This ‘was the evil against which this suit wasdirected. |t was averred by Mr. Belmont and not denied that his urchase of stock was in good faith and the sult If, There had been some that this suit ‘was brought in the interest of gome other persons. He did not wonder at their vindictiveness. Mr. Drew had been a friend and had gone over to the opponent, but that he was a friend of that opponent Was a different matter, If Mr. Drew had aided Mr. Belmont with a dollar it was the most foolish invest- ment he had ever made. He could gain norhing from this suit. He (Mr. Rapailo) had not receiv one dollar of his money. As to the other gentlemen named it was not proper or necessary for him here to speak of them. The fear of Gould and Fisk was that if @ proper receiver were appointed they would be called to un account of matters which they did not desire, Actions had been commenced against some of those named whica would no doubt be answered in proper time and place, Mr. Rapailo then went into the discussion of the right of the company to issue convertible bonds, using substantially the same arguments as were used m the cases last spring. In May, 1360, they had exceeded the authorized issue of stock by the issue to Drew of $6,800,000, Then last spring there was a further issue of ten millions of stock and an- other of two millions, which was the basis of the July settlement. This made $34,000,000 of siock. Since then, it is claimed, they had’ issued twenty-six til- lions of stock additional. ‘The whole framework of the law, with its provisions as to bow the stock should be increased, was in direct conflict with tie claim of the defendants. There was no provision 1n the act that the directors mighi create stock, even in conversion of the bonds. Counsel cialmed that the decision of Judge Sutheriand in last spring’s cases was directly ou the question of the power of the directors to 80 increase the stock. Tnai was the only pot raised in the case of the people lust spring. ‘The tajuuctions did not refer to fraudulent issues, but to ail issues, and necessarily were based on the decision that there was no power to make the issues. Mr. Rapallo reviewed the issue of bonds made last spring, and clatmed that the issue of $5,000,000 of bonds produced to the gompany but 7234, while Mr. Fisk got for the stock 80, thus aking $375,000, which aid not come into the treasury. Who got that proilt migit be in- ferred from an agreement made when tie bonds were issued, between Drew, Fisk aud Gould, to divide the proiits of unnamed transactions. Fisk does not deny that he claimed from Drew a share in these profits, He bad not dared to deny this matter, because two Men coula be witnesses to it. The vin- dictiveness with which they pursued Drew was ex- plained from the fact that but for his “peaching”’ they would be safe. When they quarrelled counsel would have failed in his duty to his clients not to have used the information thus thrown in his way. ‘That was the connection of Mr. Drew with this case— . that of ®a accomplice, who was willing to turn State’s evidence. Then they fied, and later came the com- romise with Mr. Schell. Schell was not a director. rew, Fisk and Gould were. Gould swears he wiih- drew his opposition reluctantly, What overcame his reluctance? Was it a promise that he should be treasurer and president? Why did they, if this was such a foul transaction, reluctantiy con- sent? Could they plead they were “byebabies?” Fisk and Gould were not famous for allowing anything to be done they disliked. The answers they made were in fact admissions of facts and denial of mo- tives. ‘They presented a remarkable series of cvin- cidences, resulting in placing them 1n control of the company, and all against their wishea, They say they obtained the control without any design, and have not used it in an improper manner. but they have used the power and have done various acts. When they, came into power the stock was at $34,000,000, | Immediately after this they received from Mr. Drew $6,000,000 and upwards. [tia averred that they kept the directors in iguorance of their acts, ‘They say it is not true in the sense in which the charge is made. They do not what that sense is. Mr. Diven’s affidavit shows t he was kept in ignorance of the issue of convertible bonds. lt was charged that alter this setilement $3,000,000 was issued previous to October, and since the elec- tion $25,000,000. Mr, Gould’s answer was that he had not issued stock to that extent, which would be true if they had only issued $25,999,000. It amounted substantially to an admission. There was a denial of the issue of $20,000,000, to influence the election. Probably that proposed issue never got beyond the form of convertible bonds la the hands of a confed- erate. But the other $26,000,000 was not denied except as tothe extent. They hada right to infer from Mr, Gould’s petition tn the McIntosh suit that $20,000,000 of illegal stock had nm issned, It is coupled with a statement that there was just that amount of stock in the market. it_ was not probable that so disinterested an the seller a participant in causing the play to be ublicly represented. An injunction must, therefore, | aufy sworn, cast at no ia one bf the patente in tite acne ane restraning the defendants from the public per- | thatthe same was commenced by him and his copartner formance or representation, and from ghe sale for | solely for the purpose of compelling a proper administration public performance or representation, of the ‘‘rail- | of the affairs of the Raliway Company, the said plain- road scene’? in the play of “After Dark,” or of any | ‘ifs then owning 4,000 of the stock of the said com- pany, which they had purchased in good faith for cash and Wwiuidut any knowledge of oF suspicion atthe time of such purchase as to any of the matters which are not set forth in won gyms in Vea peron r= Beh gd nae nev was and a prosecuted in enti good faith an lor MUFPOSe O! establishing the rights of the plaintiffs tn the pretaines ‘and ‘that no other person (or persons) had or bas any Interest in the said litigation other than the plaintiffs, and that the same ‘was not commenced by the plaintiffs, nor is the same prose- cuted in the fnterest of or for the benetit of, in any way, di- rectly or indirectly, any person other than said plaintiffs. ‘That neither depouent nor bis said coplaintiff is now or has at any time been engaged in any specuiation or transaction in the stock of the said company, except with reference to said 4,000 shi of stock set forth in said complaint, and that neither of them has at any time made or been in- terested in any short sales of sald stock or in any business, scene in substance the same as the “railroad scene” = — ef the two plays, as such scene is herein jefined. Thomas §. Alexander, William Tracy and J. F. Daly for the plaintit; William D. Booth and J, W. Clark, of Boston, for the defendants. The Watson & Crary Distillery Case—The Defence. Before Judge Blatchford. The United States vs, The Rectifying Distillery Nos. 171, 175 and 176 Christopher Street.—The trial of this case was resumed yesterday with the examina- tion of witnesses for the defence. At the opening of ; fons touching the except as the court there was the usual array of coun- | Speculations or trissacion 4 bel, of Witnesses and parties interested that have | CpBDerieh, tin oul rowing out of thelr aforesaid purchase watched the proceedings from the first day of the Sworn, dc. AUGUST BELMONT. trial. This is the fourth day, and it is evi- | Mr, Vanderpoel resumed his argument to show dent that the trial will occupy the whole of to-day, if it shall even be concluded at the rising of the Court tien, Several witnesses sworn for the defence were on the previous trial witnesses of the prosecution, and their evidence varied but very little from that given by them before, the inain of which was fully reported in the HRkAL» at the time. ‘The case was adjourned till this morning. A New Way of Running Off Whiskey. Jacod Dupuy and Moses Dupuy were yesterday brought betore Judge Blatchford to execute bonds for their appearance for trial when called on. The circumstances of the case are:—The defendants were some time ago indicted by the Grand Jury of the United States Cireult with having rescued and run off with fifty barrels of distilled spirits from the distillery, Fifty-fourth street, while the premises and the spirits in question were under seizure by the overnment for Violation of the Internal Revenue jaw. ‘The parties gave bail to appear for trial in $1,500 each. UNTED STATES COMMISSIONER'S COURT. A Coasting Captain in Trouble. before Commissioner Osborn, Captain Urian Lawson, of the schooner ‘A. It. ‘Thompson, was yesterday arrested by Deputy Mar- shales McCay and Dwyer, and brought before Com- Missioner Osborn, under the following circum- stauces:—The schooner was on the 10th instant seized and taken in charge by the Marshal to await action for @ collision, tn which the schooner was allered to be the defauiter. The Marshal had @ deputy in charge who left the vessel for a tem, ty pirpose, bat which was sufficient to give Captain L&W son & chance to slip her anchor and to give the officer the slip at the same time, When the officer returned the vessel was scudding before a favoring breeze for New Haven. Unfortunately, however, The schooner ran against a rock at Hell Gate, and the captain was forced to come to at Astoria, where was arrested and brought to New York, ‘The charge against him is “obstructing an otficer of the United States in the discharge of his oficial duty and impeding the administration of Justice in the courts of the United States." The accused was eid for trial. UNITED STATES MARSHAL'S OFFICE, Pardoned by the President. A few weeks ago John Osbrey was tried in the United States District Court on a charge of having executed a false and fraudulent bond with intent to defraud the government, and was convicted thereof by a jury. The Court sentenced him to imprison- ment for ten days and to pay a fine of §1,000. Osbrey has fulfiied the term of his imprisonment, but yesterday, on representations made by infu: enilal parties and from extenuating circumstances in the case and on account of the inability of Osbre: that the course of the argument had surprised them. ‘The cases stood on the Chambers calendar as 213 and 2i4. If the calendar had been called down to 135 in the ordinary course these cases would not have been reached for some days. He did not deny the power of the Court over its calendar, but as far back as 1850 this calendar had been instituted to have cases called in reguiar order. If tnege cases were to be called i Ks of their regular ofder, then, at least, they should have had notice of the intent. The; had come in here with their affidavits pcepere . Mr, Vand 1 read from the stenographic utes to show tl in which they had been forced on to the argument, and read from Mr. Gould’s aMfdavit toshow that a large number of the matters which were denied in his completed afidavit were, as it stood before Judge Sutherland, undenied. THe called attention to other facts which appeared now which did not ap) before J Sutherland, aad amon the rest that now they before the Court the fact that Judge Davies, however estimable as a man and lawyer, was unfitied by his connection last spring as counsel with those hostile to the company for the recetvership of this company. Mr. Rapailo satd the part allotted to him was the discussion of the merits, to show to his Honor that if he had the power to rehear was no meritori- ous reason to disturb Judge Sutherland's order. Mr. Rapallo then discussed at some length the juris- dictional question raised on the statute as to the re- moval of directors. It was not a limitation on the oid powers of the Court of CI to release and protect stockholders, but an extension of that power to give other persons, not before entitied to brin such suits, the right to bring them, jy wadersiood that this act was in conse. quence of a decision of Chancellor Kent, in Attor- hey General, va. The bank of Uticafthat the Attorney General could not proceed in equity, but must pro- ceed at common jaw. The charter was the contract between the stockhoidérs and directors, under which they acquired rights of rty which the courts may be called upon to protect, Under the old idea of corporations as partaking of sovereign wer a different view had been taken of the law, t that idea clearly lay at the root of all the restric- tions in the powers of relief which the courts could give. Now, when corporations iad become, tn fact, convenient partnerships this idea was swept away and the restrictions must fail with it, There waa nothing contrary to that view in Chanchelior Kent's decision, which afirtns the right of the court to con- troh the directors a# trustees of the stockhol ers, ‘The Chancellor denied the Court any eneral viaitatorial power, and it was to supply this jack that the statute Was passed. ‘The scheme of the statute was to give @ milder remedy than the de- struction of the corporation. It enumerates the powers of the Court of Chaacery over corporations, those It before the statnie as weil as some then given. This enumeration was not so connected wiih tie subsequent provisions as to make them We only way of exercising those powers. Mr. Rapallo oext discussed the several sections of atute, Claiming that tts effect was to sweep the governmental idea of corporate adininis- tration and reduce it to the relation of tru: ny cestuy que rust, ‘This iw retion, he claim been afiirmed judicially, and cited cases to to pay the fine, the President directed to Marsha 7 d Morray his order remitting the payment of the fine, } also cited @ a ‘eases case tar = and ordering the discharge of the prisoner, which figuthto the ecotholoere top woh eed od Was yesterday obeyed and Usbrey discharged. | for breach of trust, and to some cases against the company, and @ large number of ses (O KoW that in such cases the Court had juris- SUPREME COURT—SHAMBERS. The cr * iad + diction. [the Court had jarisdiction it could use edit’ Mobilier Case—Application for | a} its tools. A receivership was one of those tools, Removal to the United States Court, | and in a case where tt was should be used, | and the Court was t only vis ot that necessity, Hetore Judge Cardozo. - . be P i There was no sanotity im the property of a James Fisk, Ir, 0% The Union Pacifie Railroad | corporation. Mee vers bad re been appointed Company and the Credit Mobilier af Americ ¢ Ks ed roperty. Where property i in = 18 Action, It will} ’ a ands of persons who are misusing it a receivership bar ly last, tne be Femmernered, WIS COMICON) Ss tae mabe Bi reuiedy, not an injunction. In wa July be plant, who claims to be a stock- | this case they alieged that'the other directors left holder of the Union Pacific Railroad Compnoy, aliegs | the wo! of the corporation in the hands ty ree ing that the Credit Movilter was a corporation ere- | Me aud that these three men were wast . - wismanaging the pr h o ip was the ated under the laws of Pennsylvania; that its corpo Ls r mage ie property. A freceiversiip was ravors were mainly the directors of the railroad com ir, Field inquired if Mr. Rapallo had ever heara : Was & sort of close en of a railroad being run by @ receiver. = co? iiss Pusivio. Rails Corporation, | “dr, Rapailo said not except in a mortgage case; and that inion Pacific Ratiroad Company | put he could give a stage company case with which had contracted with said Crédit Mobitier for | bis Honor was familiar, the consueuoton Of & large portiu of ia | Judge Cardozo said in that case he was satisfed toad at certaim rates per me; (hat euch rates | that the company Was Jusolyent and had wuthorwed officer as Mr. Gould.could have intended ‘to aid a corner in that way. say that the convertible bonds were issued before the election, but they don’t say how long before, nor that they were issued before he was P ent, He deules that the stock was is- sued secretly, but he does not deny that it was kept from the stockholders, the parties who had the right to know tt, It was not denied that the market price of the stock was reduced by these issues. The stock sold below fifty cents, aud Mr. Govld sought the ald ofthe court to permit it to be bought buck at par. Such kind of things it was that alarmed stockholders and made them desire to have their property taken from such hands. Was there any fact undenied which supplied a motive for these actions? Mr. Rapalio read that part of the complaint which avers 4777, 4799, 4809, 4913, 4907, 4985, 5055, 5097, 5277, 5341, 6361, 5499, 5535, 5607, 5649, 5693, 5791, 5819, 5823, 5827, ek ih Sk ek hk a 4260, 4352, 4464, 4484, 4788, 4904, 4916, 4952, 4964, 4984, Bios, oauat Gate” Baca! Bole bean; Boao: ow’ Bass; $006, F208! 8056" 5988, 6046, 6070; 6080" 6100" G1a0 THE WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, HERALD ding, Broadway, corner of ‘aan street:— 7 d AM. a - 39 3P. M. “4 SuppEN DgaTus.—Notice was received yesterday ‘at the Coroners’ oMce'that Charles Mooney, a native of Ireland, aged twenty-six, had died suddenly at his heme, 64 Bayard street. he sudden death of Bar- ney McGowen was also reported as having taken at 158 West Eighteenth street. As both deaths resulted from unknown causes inquests.will be neid FERRYBOAT COLLISION.—The Fulton ferryboat America was run into by a steamtug while leav- ing the Brooklyn slip yesterday morning, at five nee to eight o'clock. The bow of the tug struck the erica on the chafl 5 ee snd springing tt hom tao bow Serato ot usual nobody to Mol a ae BALL OF THE METROPOLITAN CHAPTER.—Tho an- nual ball of the Metropolitan Chapter, No. 140, R. A. Mo. peels, on Wednesday night at Apollo Hall with great fal The ball waa. predided. over by. ME: Ey: Companion Isaac Feichman, Mr. B. Croner being ghairman of the Committee of Aj ments. The ball _ nounced the randest atfalr that has peed 3 witnessed in Apollo Hall during the present season. Toe MIDNIGHT MISSION.—Mr. De Cordova will de- liver his new and exceedingly humorous lecture, entitled “The Spratts at Saratoga,” to-night at Stein- way Hall, for the beneflt of the Midnight Mission Association, Tbe Mission is doing a good work, and is entitled to @ generous support by the public. Owing to the depression in business, and conse- aoeney the difculty in making collections, they are obliged to resort to this means to replenish their overdrawn treasury. ALLEGED FRAUD ON THE REVENUE.—F, Liebes, of No. 6 Ridge street, was arrested by revenue officer Bernard Hess and taken before United States Com- missioner Osborn yesterday, on the charge that he was the owner an ropes of @ sugar manufac- tory whicn was in reality owned by Julius Knapp, and executing @ false and fraudulent bond to t amount of $3,500. The accused was required to fur- nish bail in the sum of $5,000, in default of which he was A tina to await examination on Monday nex! Fires.—About three o'clock yesterday morning a fire broke out in the dry goods store of Richard Grey, No. 680 Third avenue, and before it could be extinguished the store and fixtures were damaged to the extent of about $7,000; insured for $10,000 in International and Home Insurance companies, ‘The second floor was occupied by Mrs. Esther Merritt, whose furniture, which was not in- sured, was damaged $100. An adjoining apartment, on the same floor, Sora nen by @ Mrs. Roach, sus- tained a similar loss. The building is owned by Abraham Kine, of 158 East Forty-ninth street, and damaged to the extent of $2,000; insured for $9,600 in the Park and Union Insurance companies, A fre was discovered about six o’clock on the third floor of the building in the rear of No, 229 Mott street, which slightly damaged the rooms occupied by James Blanigan. The building belongs to Patrick Begg and was damaged about $200; fully insured. StppEN Deata oF A PuysiciaN.—Coroner Keenan held an inquest yesterday, at 129 Kast Twenty-fourth street, on the remaing of Dr. Isaac Cummings, who died from the effects of an overdose of morphine. The deceased gentleman was house surgeon in the Demilt Dispensary, on the corner of Twenty-third street and Second avenue, and on Tuesday evening was unable to sfeep. As he had frequently taken NEW YORK HERALD, FRIDAY, DECEMBEK 18, 1868—TRIPLE SHEET. merited the plaudits th roccltods “A tlano seine Mir’ Howart Rinesiece, a voluntary on the new school organ by Mr. Isaac Ba0lo, “A or) ” by Mr, Mr. - togel with the ‘nome Welln a were well and Mr. A Meeting that Was No Meeting—A Panic, but Not the Panic Expected—Curious Com- bination ef Red Tape, Indignation and Im- pudence. It is very rarely that the Chamber of Commerce and its old fogy members, with their old fogy notions upon questions of commerce, trade and finance, give forth anything but dry and unintelligibly abstruse addresses, discussions and memorials, made up of melancholy arrays of statistics and statements and conclusions smacking more of antiquity than ac- curacy. A meeting yesterday, however, was an exception to this general rule. It was a call for a special meet- dng. The call was in the form of a circular, and afixed were the names of some two dozen members of the Chamber. It was announced in the circular that Dr. James C. Hallock, Jr., would deliver an address in explanation of ‘a practical plan for the complete, immediate, and permanent control of all disturbances and obstructions in com- mercial payments, otherwise culminating in panic.” Asubject of such vital paporeence to the commercial community, aud particularly in the sexepadalian style of its announcement, would naturally suggest @ broadly comprehensive and exlaustive handling of this most agitating iy re aud the gathering of a con- siderable number to hear the exposition of a plan penning: such assured prevention, if fol- jowed out, of any financial panics from this time forth in the monetary world. The audience came together—a small one though, which doubtless was accounted for from the fact of very many who otherwise would have attended staying away to work out plans of their own to prevent per- sonal financial panics. At one P. M., the hour at which the meeting was called, Mr. Wm. E. Dodge, the President, took the chair, or rather shoved the chair aside, which, by virtue of his office he should have taken, and too! the floor, and, as the result showed, speedily took the assembled gathering by surprise. This surprise was the product of a speech he made. Mr. Dodge is not very tersely spoken in his oratorical efforts, and morphine for the purpose of producing siumber the Doctor took an extra sized dose and went to bed. At half-past ten o’clock P. M. his landlady, Mrs. Hugg, discovered him to be in an unconscious state, so she summoned medical aid, which arrived too late to be of service, for Dr. Cummings lingered until two o'clock A. M. of Wednesday and sank beneath the effects of the drug. A verdict in accordance with these facts was rendered. Dr. Cammings was @ native of Massachusetis, aged thirty-six years, and warmly esteemed by ali who knew him. His loss will be severely felt by those frequenting the Pe a where he so long and successfully prac- Used. POLICE INTELLIGENCE. PassED A WoRTaLess Cueck.—Charles Henkel, of No, 91 Seventh avenue, appeared before Justice Led- with, at the Jefferson Market Police Court, yesterday and accused George Schaeffer of giving him, on the 10th day of April last, in payment for certain goods, a check for thirty-six dollars on the Portchester Na- tional Bank which he represented to be “as good as gold.” Placing implicit confidence in these state- ments, the check was accepted, but subsequently it was found to be worthless. ‘The complainant sub- sequently met the accused and asked him to “make good” the amount, but he always received him with that they have sought to obtain control of large sums of money to lock it upand thus break down the markets. Mr. Rapallo contended, was not de- med. They did not deny the sale of the stock or the schemes or the locking up, but they deny that the stock was issued for that 2 yn Mr. Vanderpoel—And he denies the allegations in that behalf made in the complaint, Mr. Rapalio—That, then, is the denial joining seve- ral conjuncfively, so that it is not a good de- nial of any one of them. Mr. Rupalio contended that the whole answer was evasive in denying the con- nection of facts, but not the facts themselves. Judge Cardozo here directed the case to stand over co this morning at eleven o'clock. COURT OF GENERAL SESSIONS. Burglaries and Felonious Assaults. Before Recorder Hackett, ‘The Grand Jury brought in large number of in- dictments yesterday morning. John Ford was tried and convicted of burglary in the third degree, the charge being that on the loth inst. he burglariously entered the premises of Morris Abrahams, No, 375 Third avenue, and stole hats and suspenders worth nine dollars. When the officer was taking the prisoner to the station house he “We have killed Smedigk,” meaning an Gincer rn wea recently murdered the neighbor. hood, “and we will kill you.” The Recorder in jing sentence sald that Ford was @ di acter, and sentenced him to the state Prison for Ove years. Charles Van and Join Thompson, who leaded guilty on Wednesday to an attempt at bur- Plary. were ‘eh sent to the State Prison for two years and six months. ‘who was charged with cutting Fan Wheeler wi aragzor when in a cell with ther plea ity to assault and battery and was sent to the Feniten for six months. ubaner pleaded guilty to @ simple as- Wilham sault, the it being that on ihe 27th of Octo. ber he stabl John H. Bischot in the thigh with a knife, As there were extenuating circumstances, and as the complainant interceded for him, the Ke- corder sentenced the prisoner to the Penitentiary for thirty days. Elizabeth Walker, indicted for stealing eighty dol- lars’ worth of from Mary Simons on the ith inst., pleaded guilty to petit larceny. She was remanded for sentence. SUAROGATE’S COURT. Tho Patullo Estate. Retore Surrogate Tucker. In the Matter of the Estate of David PatuMo, de. ceased.—This matter having been reached in its order yesterday, the Surrogate said:—I have been served with an alternative writ of mandamus from the Supreme Court, issued on tho relation of the Public Administrator and commanding me to decide the questions raised before me by this application according to a certain construction of law and fact which that court bas indicated in ite writ, Ihave made my return to the writ, respectfully denying the power of the Supreme Court to command me in advance to construe statutes or decide tsaues of fact in any particular manner or in favor of litigant: party, and J have further subinitted that the Surro- a has the exclusive jurisdiction to decide all ques- lon# pending before , Subject to the action of the Supreme Court only OM appeal. The ent ‘upon iny return has been had before that honorable court and the papers taken fora decision, Pending that decision the action of the a ate ig not free and every judicial tribunal, however humble, shouid be free, that it may be independent in its act desire, therefore, not to try this case at this time or to take any action upon the contested administra- tion. | The application made by the Public Adminis- trator and the objections made to it by the party in- in the estate will therefore stand irned thi the January term of this court, uniess the manda- mus shall be sooner decided by the court above, COURT CALENDAR—THiS DAY, Surname CounT—SpKciAL —Nos, 176 }4, 189 : 196, 1, 198, 190, 200, 201, Part l—Nog, 6391, 6803, 6857, 6966, 6019, « WUS6, 8800, 4013, some nm (ery remark, and in the last interview he obtained the check by a “trick and device,’ when he destroyed it. Upon this complaint Schacter was arrested and heid to bail in the sum of $500 to answer the charge. YounG Mans DiscHarcep.—The counsel for the prosecution in the case of Messrs. Heiser, of No. 38 Wall street, against J. Augustus Marsh, accused of having obtained from that firm $15,000 in United States bonds on acheck signed Temple & Marsh, given on the 23d of Novem ber, on the National Bank of the Commonwealth, made an address to Justice Hogan yesterday, In which they stated that as the rosectition would doubtless fail to secure a convic- ion, by reagon of defective evidence of criminal in- tent, they desired to withdraw the complaint, and so give young Marsh a chance to redeem himself. ‘The accused had already endured a painful impris- onment of several weeks, and as he had a widowed and Invalid mother ge upon him for support the prosecution would rather, if allowed by the magistrate, withdraw the charge and ay him one more chance. Justice Hogan stated that he d with counsel, and as the lesson would do Marsh rood, and it would probably be ineffective if allowed § go further, he would dismiss the complaint. Marsh was accordingly discharged. ALLEGED Higuway Ronsery.—John J, Burke, of 145 Thompson street, unfortunately fell in company with Patrick Gough on Wednesday night, a man well known to the police, and against whom there have been charges without number in the criminal courts of the city. During their prot they journeyed 1m Mercer street, and whiie there talking with nis companion Burke was suddenly ge 7 weapon that knocked him down and le him for a moment insensibie. As soon as he recovered miased Gough and ai the watch and chain which he had worn, valied at oop It sud- denly flashed through his mind that his friend had not only «assaulted him, but had kindly taken his y, and calling into service officer Eakins, of the th t, they searched for the pleasant- mannered youth, and found him about an Hour sub- sequently in a lager beer saloon on Spring street, where he was quietly quailing a giass of beer. He ‘was at once arrested, but denied all knowledge of ‘the rty. When arraigned be! at the Jefferson Market Police Court yesterday morning he reiterated the statement, adding that when Burke was assaulted he was also knocked down and badly hurt. He was committed to auswer the charge in default of $1,500 bail. PUBLIC EDUCATION. Musical and Elocutionary Exercises at (irame mar School No. 58. ‘The pupils of the male and female departments of Grammar School No. 58, on West Fifty-second street, yesterday afternoon entertained a large number of the friends of the school and of education generally with a display of musical and elocutionary ability second to none which can be shown by any schoot in the city. The progrmme Pt 4d, while it embraced a large number of the most interesting, amus- ing and. really exquisite gems of music and and prose, Was /auity, perhaps, In one particu. fate Fe'was too long, Not that the. visitors tired of the display or at the time wished it to be curtailed. The evidences of gratification fa ey bestowed showed plainly that they coald have listened pa- tientiy to almost as much more, And it is safe to aay that the exercises could readily and ereditably on But, in charity to the pupils, it must be said that the exhibitions at the public schools are generally too ate No doubt each of the pupiis would to walt a litte longer and show wha he or e could do; t the strain upon the young nerves ia too much and should not be kept up merely to give entertainment to a number of , Who could dad pienty of in- visiting the schools almost any day or hour rhe | sessions. the exhibition yesterday as it deserves the en criticism Ls pa put in three words—it was excellent. It would be almost invidious to make any comparisons where ail acquitted themselves so admirably; but the musical portion of the ume by Miss Hoffman could not be over- The comical “Singing Lesson,” by Miss Hoffman and Mr. Nash, was capitally given, and the trto, “How Gently,” by the same lady and gentleman, in company with Mr. Barrows, was re- markably fine, Messsa. Cook, Jr, Ahrens, August, McIntyre, Gathman, Pinmb, Lockwood, Perry, Hun- ter, Fieto, Una, Deyke, McKiniey, Garrety, ‘Galla- gher, Green and Guthrie tn the deciamations aad he therefore with a rather diifuse explana- tion of his endeavor with respect to the calling of the present meeting to observe ali the pertinacious Proprieties of the red tape rules of routine in such cases |; down and provided in their constitu- tion and by-laws. This meeting, he showed, bad not been thus called. The ers were those who rarely attended the meetings of the Board. Not long since they were humbugged into just such a special meeting. He was tired of it. As things were going aby one having an ambitious desire to bring for- ———________—-_ . 4° ‘WESTCHESTER INTELLIGENCE. ANNUAL MEETING OF THE AGRICULTURAL AND Horricuttvrat Socrery.—The annual meeting of the Agricultural and Horticultaral Society of West- chester county was held at the Court Honse, White Plains, yesterday, and was attended by the larmpas umber of members ever assembled on any ry since the society was organized, and considerable excitement was manifestea. A proposition was wage @ few months ago to sell or lease the F with the reserved privilege of holding And annual neg ‘To this i many 1B, espe those residing upper section of the eeant “ were much opposed, and therefore came down in full force to defeat the move- no and promptly at the hour appointed for the Meeting, and w! the advocates of the scheme were padiently waiting for the arrival of President. a poh SE po the meetin to order and action in “the matter for the” present, and. then appointed a committee names suitable persons for officers of the society. a two reports were made, presenting the names of Fordham Morris and James Gibson for president—the former by the race- and the latter by the opponents of that scheme. Attuis stage Mr. Warren Leland, pre- sident, arrived und took the chair, just as the pro- ceedings became unusually exciting. © While a ballot was being taken a large number of new members Were brought in and admitted on payment of their fees, which action was Wong against by Mr. J. B. Cunningham and ers, and @ ot was taken which resulted in the election of Mr. m Morris, by a vote of 173 to 140 for Mr. Gibson, Mr. Cunninghain and his friends then presented a formal L eoed against the oiticers for the manner in which the election had been conducted, and the pro- test was received and placed on file without it. The opponents then withdrew from the room, when another bailot was taken for the remaining oiticers, and it resulted in the choice of the follow! gentlemen:—For Vice Presidents—First district, Eq- ward DeWitt; Second district, Josiah Macy; Third district, William Batley. For Mauagers—Second district, Francis M. Randall; Third district, Abra- ham R. Strong; for Treasurer, N. Holmes Odell; tor Recording Secretary, John Cowan; for Corresponding Secretary, D. K. Sherwood. ‘The seceding party in the meantime repaired to La- fayette Hall and held a meeting of their own, at which Thomas H. Farles was called to the chair and Mr. Moran appointed secretary. A series of resolu- tions was reported and adopied protesting against the course pursued by their opponents, A commit- tee of five, consisting of Messrs. Edwin De Wut, Dr. ¥F, M. Hexamer, George P. Nelson, James Wood and W. Bolton, wus appointed to take such action as bi may deem necessary to test the validity of the ruling at the Court House meeting. The chairman Was also appointed a committee to confer with tho Oilicers of the State Society in the matter, LONG ISLAND INTELLIGENCE, BRUTAL ASsavLtT.—John Kiernan, residing at Col- lege Point, was arrested on Monday last for beating his wife so severely that her life is despaired of. Coroner Hicks, of Flushing, took the wounded woman's deposition yesterday and Kiernan was ward before the public any special advantageous scheme in which they were personally interested could easily accomplish ee call of a special meeling, and throngh the tential aid of these gentlemen—(turning about and most benig- nantly stniling and bowing to the gentlemen of the press present) d the thing was done—sharply, quickly, neatly done. If this mode of doing busi- on as Presi- dent of the Chamber ei ks locked up to await the result of her injuries. ARREST ON THE CHARGE OF MURDER.—James Lyons, a resident of the town of New Lotts, was ar- rested yesterday on a warrant issued by Justice Snediker, of Jamaica, on the charge of having mur- dered a woman named Mary Spratz, a resident of East New York. It appears that on the 4th day of October, 1864, Lyons met Mrs, Spratz in the woods re Mr. Charles Butler moved that the meeting ad- journ. A feeble-looking young man, of feeble stature and icularly feebie mustache, expressed in a feeble tone of voice the hope that the meeting would nut “Who are you?” asked the President, “Dr. James C. Hallock, Jr., son of Mr. Hallock, Stipow't know auy dling about mn’ we ing about you,’ spoke up the President. ay sisi 2 “No one knows anything about him,,” broke in Mgt L would lke tal ting, “But 1 wor to explain to the meeting,” in- terrupted Mr. Hallock, Jr., ‘so that they’’—— “No explanations can be listened to,” quickly and tartly interrupted the President. ‘As @ significant rebuke to this young man and all others like him I now renew my motion tor adjourn- ment,” said Mr. Butler. “Can’t I say something %’ pleaded Mr. Hallock, Jr. Hae am iisten to a word from me?” plead Mr. loc! ‘. “There is no use in either of you wasting words,” answered the President. ‘All in favor of adjourn- ing say aye—(several ayes); opposed, no—(! journed.’” Hallock, Jr., en- noes). Ayes have it, Meeting is adj an Ms adjournment to make explana- Both Mr. Hallock, Sr., an deavored after the tions to various members privately, but they met with yr success, The meeting, as reriey themselves, culminated ina panic they did not anticipate. MUNICIPAL AFFAIRS, ‘This Board convened yesterday afternoon pur- suant to adjournment, but as there was not a full juorum present they adjourned without transacti BOARD OF COUNCILMEN. A Stand of Colors for a Cavalry Regiment— Streets to be Paved with Belgian and McGonegal Weeden Pavements—Donations to Churches. Tne Board met yesterday afternoon, and in the absence of the President Mr. Stacom was called to the chair. A resolution to grant a stand of colors to the Wash- ington cavalry was presented and laid over; alsoa tition for a donation of $15,000 to the New York Dispensary. A resolution heretofore presented in favor of increasing the salaries of the een oyed in cleaning the offices of the city gover ent Frown $1 60 to $2 was adopted. Resolutions were adopted bonne | the Cro- ton Aqueduct Department to pave the follow- ing streets with Belgian pavement:—Ninth street, from Sixth avenue to Broadway; Thir- ty-third street, from Futh avenue to Broad- way; Thirty-fourth street, from Ninth to Tenth avenue; Fortieth street, from Sixth to Ninth ave- nue; Seventieth street, from Third to Fourth ave- nue; Lext m avenue, between Twenty-irst and ‘Thirty-fourth streets; Second avenue, from Eighty- sixth street to Harlem river. Resolutions were adopted directing that Fourth street, from the Bowery to Sixth avenue, be paved with the McGonegal wooden pavement, at an ex- nse of five doilars per yard; aiso Astor piace, from ‘ourth avenue to and Rivington street, from Bowery to Mangin street. Resolutions authorizing the Comptroller to draw his warrants in favor of the German Evangelical Lutheran church of St. Matthew for $280; in favor of the German Roman Catholic church for $586, and in favor of the First Baptist Mariners’ church, in Oliver street, for 3674, to enable them to pay assess- ments. The Clerk of the Common Council was directed to procure a certified copy of the official canvasses of the November and December elections, and have 6,00) les printed in docament form. concurred in increasing the salary of the keeper of the City Hall to $3,750. Ua motion the Board adjourned to Monday. SALE OF CHROMO-LITHOGRAPHS, A special holiday sale of cholee American and for- eign chromos was held last evening, at the American Chromo Gallery, 639 Broadway. The attendance was exceedingly good, the bidding excessively tame and the prices realized anything but satisfactory, If the auctioneer had any persuasive powers he kept them in reserve, generously allowing buyers to have everything their own way. The majority of those present were dealers, and since inal it are now ee | at considerably less than the cost of the frames, to say nothing of canvas, colors and that absurdly insig- nificant item, the labor of the artist, the prices patd for the chromos were ai but extravagant. “Mother's Cares,” in « neat ut frame, brought $2; a “Group of Children” gold for $8 60; a “Bou- quet of Flowers” realized $4, and a handsome ‘‘Bas- Ket of Peaches” was given away at $1 50. A portrait of Washington was knocked down at $5, while General Grant (two sizes smaller and withont the Inevitable cigar) realized $11 60, “Morning” and Be cattle pieces, after Rosa Bonheur, ro it $6 each. “Lignt and Shadow,” al It, $7: a fruit plece, after W. M. Brown, i ll, tter eo with gold frame, $12; o's “Magdalena,” $8 50; “Firs yugereau, pass ag Beg $15; es8,!” a companion picture, $15; copies o coe Homo,” and “Mater Dolorosa, $6 Scrap J. Oak- ley, $8; “Ihe Old Oaken Bucket,” after Jerome Thompson, with gold frame, $20; ‘Home, Sweet Home,” companion ire, $18; “Sunset,” after Bloraiadt, with gold feame, 41% Trove.es or A Hoor Skint Manvracrunne.— Some days ago we noted the arrest of H. 5. Mur. chand, the quondam hoop skirt manufacturer, of this city, upon the graye charge of obtaining by false pretences $000 from Frank Williamson. After sun- dry continuances the case was adjudicated before Justices Matlack and Clement on Saturday, It ap- peared that Marchand (ney that he had sent on to Washington an application for a patent for some kind of a corset-making contrivance and that he had received an answer from the fais ad source granting him letters it for the invention. Upon this representation and & fall statement as to the utility of the patent, Williams advanced the sum of $600,» hard cash, to the inventive Marchand. Very soon thereafter Marchand decamped for parts unknown. Tt was soon learned that he had not applied for a patent, and he did not do so until some two months subsequent to his financial expioit. It may be added that he has never received the hoped-for patent. ‘These facts being uncontradicted, Marchand was held in the penal sum of $600 to answer before the Jefferson Circwit Court. He gave the required batt and was liberated,—Loutevilie Courier-Journal, De- cember 1. near the Cypress Hills Cemetery, and endeavored to commit an outrage upon her, in the struggle to ac- complish his purpose throwing her violently to the ground several times, by which it is alleged that she received injuries from which she diea on the 26th of January, 1367. Lyons, soon after the com- mission of the crime, was arrested and indicted for an assault with an attempt, and on trial found gulity of the assault and seutenced to pay a fing of $300. From the time of this trial » Sprate rapidly failed, and on the 5th of January, 1867, finding that her recovery was impossible, Coroner Smit of Kings county, took her ante-mortem. deposition, the jury finding that she came * to her wounds at the hands of James Lyons. ‘The same Coroner on the 26th of January, the day following the death of Mrs, Spratz, beld an inques on the body, the jury finding that she came to he: death from wounds received at the hands of James Lyons. ‘The accused, notwithstanding the finding of the Coroner’s jury, as it is alleged by the frienas of the deceased woman, has been allowed to remain at large, either through negligence on the part of the’ Coroner or the Queens county authorities, until he: husband on Saturday last made application to Di trict Attorney Downing for the arrest of Lyons, who at once directed him to Justice Snediker, with in- structions to issue the warrant, The prisoner, after, a hearing before the Justice, was discharged on the grounds, first, that the deceased had lived over two years after the commission of the alleged injuries and, second, that the prisoner had been tried on tha charge. The prisoner ciaims that his prosecution at this time is solely for the purpose of extorting money. A STORY BY ED. TERAELL, THE KENTUCKY GUERILLA. Why He Changed the Confederate for tho Federal Uniform—A Secret Chapter in His History as He Relates It. {From the Louisville Courier and Journal, Dec. iy ‘The following communication has been handed t& gentleman who conversed with the notorious i shortly before he died in the Louisvili¢ From memory the writer has em- loyed the langu: of the deceased, and we give it her ‘what it is wi — THE GUERILLA’S SUFFERINGS, Shortly after Terreli’s entry into the hospital of this city 1 visited him. 1 sound him in a pitiabid condition—his leg paralyzed, his bowels almost at @ deadlock, and his arms not much thicker than willow wands, Indeed, his entire system see! exhausted. His mind alone was unimpaired. Abou every ten or fifteen minutes he had what he cail @ shock of the nerves in his spine. During these paroxysms he would be rolled together like a ball and moan piteousiy with pain. He olten expresse@ to me his desire that death would come quickly id relieve him from such agonizing torture. HIS STORY. ‘The last time I saw him he fully related to me the cause why he had doffed the gray and donned th blue. It was as follows:—I lay at ——ville, in Ten: nessee. I was then in General Morgan’s command. We were short of horses and an officer was des- itched to southern and central Kentucky to press Rorses. He was instructed to take also whatevet else he could find which would be of evident use to us, [ was still with the command at the same place when he returned. I happened by some mis- chance to @ look at the seizures. I recognized by the marks quite a quantity of horses, beef cat- tle, work oxen, hogs and harness, which had been the property of good and true Southern men liv~ lug near my own home, and in the immediate neigtiboring counties, every inch of which almost £ knew. i felt awfully bad at this. My dander got up. I rare up fev ome pe ee _ mo oye — roperty. le jonged “the ordnance depar' Peat. Ttoid hit what he had done—that he had taken the stock and substance of friends Instead leaving them and coming down only on Yankees, of whom there were enough and more than enougis where he had been to have harried them of ten times the quantity he had bepaght in, I told him in such @ country as he had been operating in he needed not to have taken so mucie from a Southern man as a@ single porker or gobbler. He cursed me and i cursed him. Eventually he put us by & Ed. City Hospital. | his hand on or near a pistol and bowie knife he had. Lat once shot at him with my revolver, He died in+ stantly. 1 was then pli under arrest. I was court martialed. { was sentenced to be shot. The execution was to have taken place on a Friday. ‘There were five or six more to have died at the same time. Two of them were Yankee prea ers, aecused of being spies or of despatching intelliy nce to our enemies. General Morgan felt awful ad about myself and two more of our boys. He dia all he could with General Bragg. The officers and m all tioned for us; but you might as well flintstone as ask mercy trom General Bragg. | saw General Morgan often. He sometimes could only look at me, as he was speechless from vexation and sorrow. Wo were to be shot at sunrise on @ Friday, Imade up iy mind to stand the thing, What cl: could! do, Icould not help myself—troned hand: guarded by @ strong detail o1 sad, mournfal and mourning comrades from my own regiment, whose moistened eyes and husky voices but Joally ot the agony they endured while mec! performing the routine of Cee) duty im and around our prison, On Thursday afternoon, about sunset, I observed a commotion among the guard. They to their arms, faced northwards, and sent out scouts. These shortly returned. All retreated, by the right flank, on the run. They had not one many minutes when a party of bluebirds, on fire double quick, from a station about nine miles north, surrouhded the jail. They inquired for me and for the gospellers, They had a man ready with tools, &c., to Knock off our irons, and boo mounted us on ied hot which they with them, They released all military prisoners, and Invited ali to escape with them, I did not require argument to convince me I should go to @ healthier quarter. My two compantons were also more ready to leave than remain. | was too anxious to get oif to pay any ee Ae what dispositio mad the rest of the jail bo! themaelves. The soldier prisoners were ai wear for: once evacuated the town and retreated to ral Mor- back I could see Genern floated mer station. Lookioy gan’s command entering and reoceupying, ta .n and around the city. Their fag ad conn. ‘om the court house. We traveled [oo Rs or by the fortably ba Not a shot had bees ervencin ones Confederates or federais in all this, wil fn ying or retiring. [t seemed amystery 5 Bonieas and feds, thea aad since. arts —In reference to the Sain Day ty Epomerenn, 8. 0. t anle of property et Rdgefield Court House, 8. C., . remarks: 8 regal p i eee ‘we have only to say that in oy jdediy better than at any many cages lan time since the close of the war, mipies. A'certain tract of 1,900 $10,000," wi tie @ tract of 1,000 acres, oe the Sioo00; Wand Agusta Railroad, brought over $9, ‘The Maronte and Odd Fellows building, in Otown, was vod for $3,500. The lorge store at the upper corner of Park row waa knocked down aF $1,800. ee EE