The New York Herald Newspaper, February 6, 1869, Page 5

“SOUTH AMERICA. Riot Between United States Sailors and Negroes at Aspinwall. REVOLUTION IN BOLIVIA. INDIAN WAR IN CHILE. FINANCIAL TROUBLES IN PERU. ‘The Pacific Mail Steamship Company's steamer Rising Star, Captain King, from Aspinwall Japuary 28, arrived at this port yesterday. ‘The following is her treasure list:— Inaace & Ash. COLOMBIA. aS The Troubles on the Isthmus—Gloomy Condi- tion of Afflaire—Riot Between United States Sailors and Jamaica Negroce—A Panama, Jan, 28, 1869, ‘The vexed tax question 1s at length settled, at Jeast for the present year. The merchants held out ‘and refused to pay a cent more than they paid last year, which was exorbitant enough, and the gov- ernment, after first bullying and then pleading pov- erty, finally concluded it wiser to back down than to push matters to a crisis, and accepted the propo- sition to receive $60,000 instead of the $100,000 at first demanded by the Legislature. latter had any showing of justice on their side they would have held out for the last dollar. ernment, it seems, intends, however, to enforce the full tax on the Aspinwall merchants, who are not quite so strong as here, but quite as rdsoiute. They ‘will refuse to pay, and their goods will probably be sold at auction next Monday. The United States Consul at that port is acting in the matter and has a Jawyer on hand to make the necessary protests, ‘The Legislature has at length passed some laws Telative to the disposition of dead bodies. Article seven provides that no bodies shall be interred until twelve hours after death (but shall not be kept unin- terred longer than thi are to have coroners’ Of course, if the except in cases of cle ten it seems we juests in future which will be something new in Panama, as hitherto no investi- mation has ever been made into the cause; of no matier under what circ I fear, however. the law will prove a failure, as when @ man ts dead the authorities do not want the bother of finding ee Seer seeing that would not bring The thieving Nikegoe and soidiers have at umstances it occurred. re nearly everything that could be stsien’ in that unlucky department. There being nothing left to steal peace Is at length restored for In Panama we still support a national and State tiny with which to keep up our combined pride and Rusty muskets and half starved, lazy ers are all we can show in return for forced loans Heaven only knows what 1s to become of us finally. We cannot either govern or take care of ourselves, and none of the world’s poorhouses appear desirous of ta such a set of paupers, the United States to shelter us, while others clamor for a separation from the national govern- Ment, so that the State may sidy of $250,000, which it has and exorbitant taxauon. the ratiroad sub- nm so unjustly de- is evident, the State is im- poverished now and its resources so wasted that it cannot possibly raise the means of supporting itself another year, even if we have peace, which we ‘Will not; so the sooner @ change occurs the better. will be preferable to its present misery. owing United States vessels-of-war were he harbor of Aspinwall last week:—Steamers Lieutenant Commander Eastman; Yantic, r Abbott; Nipsic, Lieutenant Commander Selfridge; Tallapoosa, Master McRitchie. The United States steamer oid from Callao, arrived at Panama on the ist inst. ‘The }’enobscot sailed from Aspinwall on the 27th for Cuba. The Tallapoosa is ready to sail for the On the evening of the 224 inst. a serious row occurred between some sailors from the United States and a number of Jamaica negroes ‘The origin of the quarrei was drunk- enness on the part of the sailors, who should have on board their ship instead of getting such a place in the evening. ‘The Tallapoosa was lying alongside of the Railroad Company’s wharf taking in coal, and after work some fifteen or twenty of the men went on shore on liberty and got drunk and disorderly, when an after made upon them by about jamaica negroes, who made a free use of stones and botiles and who succeeded in killing one of the sailors by pounding his skull in with # champagne ed man had nothing whatever rfectly sober und en- vessel when he was attack was soon to do with the row, and was deavoring to get on board attacked and brutally killed. We had a very fine eclipse of the moon last night {the 27th ult,), which commenced about eight o'clock. About half the moon’s disc was covered. The night ‘Was beautifully clear and the eclipse was seea to great advantage. Troubles in the Country—Arbitrary Arrests and Executions—Breaking Out of a Formi- dable Revolution—Military Movements, Lima, Jan. 10, 1869. A species of reign of terror has commenced in the unhappy republic of Bolivia, and very general fear is entertained of serious results. It is known that a determined opposition has been shown to the treaty of limits recently celebrated between Bolivia Protests against this wholesale robbery of Bolivian territory have poured in from every quarter, and a few weeks since ® Mr. Santos, a prominent merchant residing near La Paz, who had made himself conspicuous by his bold stand against the government, was seized by Melgarejo’s troops, carried to the capital and shot before his family knew even of his disappearance. begged that the body might be restored to them to be decently interred; but this request was brutally re- fused, with the answer that no respect should be shown to the memory of conspirators or seditious persona. The feeling of indignation excited by this execution is very general throughout the republic; but, as Melgarejo has the army perfectly under his control, there is no possibility of securing his down- fall. # Nevertheless there probably,will be numerous aviempts at revolution. Later intelligence informs us that on .the 17th a serious revoiution broke out in the city of Sucre, the Mi jo being absent in La Paz The movement was tn- of the execution already referred oo eS an regard. to. the razilian His wife and children at the time with ning imamediate! despetoued the Minister of War ‘with troops to the acene of ould take place; yest has tasued prociama- tions declaring all t tees prescribed a the constitution suspend giving to his oj ae ui absolute power to act as the Cabinet at the time that instrament was over. It is dimcult to foresee the termination of ved no reliable in. at the command of ively known that el wi cession of Sener eos , amy Gistinction, and by. hie ‘Meg .rejo 18 @ good wodter, and hn bravery Dutein. South ‘Amerion no serena Place unlimited confidence in his ti are always open to the highest bidder, steamer, now expected, more intelligence will be re- ‘The last news informs us that the troops of the government have obtained two successes over th forces, the first in the city of Potosi, the 24th ult., afierce street fight took in the dispersion of the rebe's, and where the government terri taxes on ail clans NEW YORK HERALD, SATURDAY, FEBRUARY 6, 1869.—TRIPLE SHEET. however, have been united in forces, 5 e. ae oe Coc! are daily rece iving reinforcements. Melgarejo to and it yes ban ti. that the up] the combat would be decisive. In ae of the reverses suffered by the revolutionists, the opposition to President Melg: jay, and to aad difficulties to the the Indian peons in districts of the Depart- ment of La fazhad risen in open insurrection against their employers, and were commencing & war of castca with every description of er and bar! . Melgarejo has now great need of that lucky star of whose favors he so often boasts, ‘or the country in general 1s decidedly ant wo him, By the next steamer from the So! we will receive details of the state of affairs. CHILE. Political Matters—Indian War. VALPARAISO, Jan. 3, 1869. Political matters in this republic are still attracting very large share of the public attention, and the dissatisfaction against the government is rather on the increase, When Mr, Amunatequi was named Minister of the Interior it was generally considered that the appointment was made in deference to the opposers of the government, and from the pro- gramme announced by the new Minister the liberal party derived the most lively satisfaction. The great reforms, in theelectoral system principally, which have been the subject of so much discussion, were promised the immediate and favorable attention of the government, A change was to be made in the guidance of the foreign affairs of the republic, and in general the blind policy followed hitherto by the ad- ministration was to be changed into a most liberal and progressive one. Bnt ail of thes epleasing projects are still unperformed, and it is supposed that they were announced with the simple purpose of gaining time for the government, and of making head against the formidable opposition that threatened all man- ner of dangers to the administration. However, it is now understood that the Minister of the Treasury, whose connection with the Church party has greatly retarded any progressive movement in the Cabinet, is about to resign, and from this opportunity Mr. Amunatequi may be able to push forward the pro- jects he so loudly proclaimed. The accusation against the Supreme Court has lost all of its importance and 18 me! continued in order to let it die a gradual deat AU sorts of counter accusations have been made and in such number that the principal accuser has become the chief defendant. the country is quiet, progress 18 In other constendy ng inete in all material matters, and business depends in Chile so littie upon the action of the government that these ty squabbles have but little effect upon its well belng and advancement. ‘The Indian troubles on the southern frontier have become quite interesting from the acti of the operations on both sides. General Pinto, the com- mander of the government troops, made a foray into the enemy’s country on the 141 ember and suc- ceeded in dispersing a large force of savages Choque-Che umber of prisoners and destroying’ the Indian ood. The Indians es in that neighbor- hood. bad time, however, to drive off large herds of cattle which they had stolen from the settlers, and the results of the expedition were on this account not 80 complete as were to be desired. A body of the savages a few days afterwards pene- in the oe Caner eee 0 ae ae trated — tlement of luequen, a block village near i ps and although finally defeated succeeded in ottng cor le e Minister of War has ted the construction of a new line of forts on the frontier, and expresses his determination to force the war toa 8) close, a determination which, though highly lauaable, will not be easily reauzed, since it has always veen found impossible to send bodies of men into the In juntry, while the savages are continually making isolated and distinct attacks on the com- paratively unprotected vi! of the white settlers. Grand preparations are being made here for the reception of the squadron from Peru the remains of Grand Marsnal O'Higgins. In Santi where the body will be interred, the programme o! the performance is very imposing. The government is also thinking about erecting a statue to Admiral Cochrane, another oi the heroes of Chilean inde- mdence. Republica are gp ee proverbially, jut this one in particular is showing an honorabie exception to the rule. PERU. Deplorable Condition of the Finances—Mili- tary Affairs—Peace with Spain—Diplomatic Appointments. Lima, Jan. 14, 1869, ‘The finances still continue in a most deplorable condition. Congress has approved 0; the budget, which shows an estimated deficit of 18,000,000 of soles im the operations of the next two years. Enough money has been procured from the guano companies to carry on the administration for the ensuing three months, and after that time new loans must be effected. Congress has taken one step in the right direction, in refusing to pay the bonds issued by revolutionary chieftains, who have always held to the custom of raising money on bits of paper payable by the State on the success of their schemes, at an interest and rate absolutely ruinous. This excludes the bonds issued by Balta and Canseco in the late revolt, and although a measure likely to prodvce trouble 1s certainly worthy of praise. Colonel Balta gave a striking instance of his de- termination not to suffer any attempts at revolution to go unpunished at a review of the first battalion held in Lima some days since. The colonel of the regiment informed him that there were two officers 1m the corps who loudly expressed their discontent and emnity towards the present government, and begged the President to e some st concerning their reproval. Balta ordered a file of soldiers out, with fixed bayonets and charged muskets, and then assembling the officers of the battalion offenders to make themseives known. stantly did, and the President,lafter having asked them if their sentiments were antagonistic to him, and being answered In the affirmative, in- quired if they desired to continue in the same opinion. They replied again affirmatively, and immedi orders were given to remove their epaulettes and dismiss them from the regiment, the President remarking, at the same time, that he con- sidered it highly dishonorable for any soldier to be plotting against the government from which he re- ceived his pay? and wBich he had pledged himself to pow io and that he would tolerate no such sub- ordinates. We will soon have a tel: ph line, partly land and partly subenaning, laid between Lima and Panama, thus reducing the time between New York and Lima eight days. This government has given $900,000 to a Peruvian company formed to extend Itnes throughout the republic, and the government of Ecuador bas already taken active steps in the same direction, a slip having been chartered in Guayaquil to convey the mate to the coast, The line can be laid for a trifing cost and will no doubt ke profitable, aided as it will be by subventions m both Pee and possibly by those of Co- lombia and Chile. The Peruvian company I have referred vo have laid nearly 300 miles of wire since January, 1868, and are pushimg their lines forward in all directions. The railways projected and béing built In the country are also eT very satis- factorily, and the government is anxious to give ony Support to this species of material advance- meni mdent is reliably informed that the Your offer of mediation made by the government of the United States to and the allied repubiics of the Pacific has been ted by the belligerents, inisters of Chile and Bolivia resident in Lima have been holding conferences with the Secretary of Fore! Affairs upon the subject, and it ts well known that the only reason this propo sition was not accepted when made nearly two years ago was the disinclination on the part of nie w conclude peace before she had an opportunity to wipe out the Valparaiso Lm ay Now, however, she enters into an agreemen' send poten: tarles to Washington for the purpose ee and ~~ treat, hate I ~ re. garding a lasting peace. The armistice wi con- cluded on the condition that hostilities cannot be renewed either of the contracting until a notificauon of two yearw length has been given. It certainly is time ¢ the present paper war should be and the success of the media. ton of the United States ts due, in a. to the efforts of the Minister from suffers more than her allies from the exist- hings. hi Jong and 60 Pern ia ihe United Staten, to be relteved By fanuel who has recent Minister to Bogota. 18 is attribut i i Legati Dr. Benigno Vijil has been sent to Chile as avat- faires, to relteve Mr. Moreyra, who gues to Bolivia, THE KEW STEAMSHIP CITY OF BAOOKLYH. The new steamship just added to the Inman line, and named the City of Brooklyn, is now loading at Liverpool for her first voyage across the Atlantic, In recognition of the compliment paid by the com. pany, to Brookiyn in naming this splendid vesset layor Kalbiieisch will present a beauiiful fag, the gift of the municipality, to the City of Brooklyn on her arrival, The ceremony of the presentation will be Witnessed by a large number of cluwens aud gen- Uemen interesied im the Inman line, NEW YORK CITY. THE COURTS, UNITED STATES DISTRICT COURT—IN BANKRUPTCY, The Rights of Mortgagees of Leases in Bank~- ruptcy. Before Judge Blatchford. In the Matter of Henry Watis, a Bankrupt.—Eawin James presented a petition by Mr. John McCafll, alleging that he was the mortgagee of a lease granted to the bankrupt; that a sum of $3,400 was due to him, with interest, and praying tnat the jgnee might be ordered to elect whether he would toh ae andar the pup cone mesa Cee and ou’ e deb Th such ab order could tion in the first asal, take such lease that the not be made except on me. sppiions [ junctions Restraining the Issue of Stock on Convertible Bonds and the Payment of Divi- dends on ‘‘Overissues” of Stock Dissolved— The Interest Certificates Declared Valucless. Before Judge Ingraham. Isaac N, Jenks vs. The New York Central Ratl- road Company.—Judge Ingraham yesterday, about noon, rendered a decision in this anxiously looked- for matter, as follows:— Jenkavs. The New York Central Railroad Com- injunction in the first and second orders are vacated and dissolved. ‘The injunction in the the payment of dividends 1s continued and such further order of the third order, restraining on the interest certificates payment forbidden until the Court. Costs to abide event. ‘The original opinion which accompanied the deci- sion, and which was, of course, most anxiously looked for by all parties interested, as it was ex- pected that it would define the status and value of Commodore Vanderbilt’s new scrip, known as “‘in- terest certificates,” was taken from the court by one of the plaintiffs counsel, and it was nearly four o'clock before any of the reporters could obtain it for the purpose of copying it for their respective journals, Of course, the ostensible purpose was “copying it; but it was an original document, filed with the clerk, and should have been copied in the court if anywhere. Its importance to the “stock- broking fraternity” was very great, and the opinion, when returned to the court, was found to read as follows:— InckaHAM J.—An injunction was granted in this restraining the defendants from issuing or per- certificates of stock upon the surrender of any convertible bonda or in any ‘ing or purporting to repre- sent shares of stock in the capital of the company; from u lef of any convertible or per: to be issued any other manner representt also accel he surrend bonds of the company and from Sperm es mitt to be transferred on its books any of stock originally issued bonds; also from } original capital, or trom on such stock. This Afterwards, on a su) was made requiring why the be enl and extended, so as to prohi dence of indebtedness, or m: stock issued in excess of the oi ‘This order was made on the lst of Decem! made, injunction should not be further the defendants from issuing any nted rest render of any interest certificates, or ting the transfer upon the books of any such cel dends uj any of such int last order was made uj plaint defendants on tt after reciting that the company the construction and equipment of the amount equal to eighty stock, and that the svc! evidence of such expenditure and to reimbi ved that a certifi it the Tresolntions adopted by e 19th of December, Tos, wi Fai ceren and treasarer of the company, be capital stock hel tUmes as dividends shall be cates may yertable into com capitat version, There was passed stock of the com] jation a dividend of tour cent, rable upon the stock of the company, and upon the certi- ficates then authorized to be issued. Under these resolutions the certificates were issued on the day of the passage of the resolutions. The certificates stated that the holder was entitled to dollars, paya- ble ratably with the other certificates issued under sald resolution, at the pleasure of the company, out jividend thereon, at the same rates and times as dividends shai be paid upon of its future earnings, Wil the shares of the capital stock of said company. Three —— are presented for discussion on this motion, viz.:—First, whether the defendants had authority to issue bonds convertible into stock atthe pleasure of the holders? Second, whetner they had any power to issue the certificates ve abor reterred'to as a dividend to the stockholders? ‘hu much importance to persons holding 8 ble bonds depends w to the act au the the corporations, zane 1 at in act articles of association amo! which, act. In the tenth subdivision of ishing or operating their ratiroad, and to issue and dispose of their bonds for any amount so bor- ro- ses, ‘aires. tors may confer on any holder of any bond issued for Loe | borrowed a8 aforesaid the right to conv the principle due or owing said company at any time not exceeding ten years from the date of the bond.” ‘The Cony hed ey tee tg oo is [enna = urposes to convert into stoc! 4 authorized to be given in the bond without regard board for inci on for Elprendes game stock, and it allows that capitai to be rowed, and to morigage their « perty and &c., and the thereon into stock of the to any action of the stock. The act provides for subscribi inet by the qtockholders for certain pu: and the road—! not for debts previously contracted. well be doubted whether the corporation ital stock for the purpé making & sue ds is given a, the purpose of for completin, whet issued ai Ht : tr E | Dany jastied in this case as dividends to the stocklolde If this certificate ta to be considered as a i lilcate of the interest which the stockholders had the property of the corporaiiem, Hier aaa be no Ob- as the mse of such any dividends upon any shares of stock issut a gee tbat oes permitting any vo! was issued December 4, 1868. lemental complaint, an order the defendants to show cause juction of December 4, 1868, should not iibit_ the de- fendants from issuing any certificates or other evi- any dividend of riginal capital, and that order restrained the defendants from issuing such certificates or making any such anes te Afterwards, on the 2d of January, another order was requiring defendants to show cause why an terest certificates or other evidence of debts to or among the holders of cértificates of stock, and from accepting the sur- pany rtiflcates already issued, and from paying any interest, cash or other divi- terest certificates. This @ supplemental com- the ich, had expended in road an r cent on the capital olders were entitled to yurse- by the ued the stocknolders, declaring that such stockholder r cent of the amount of the vy him, payable ratably with the other certificates issued under this resolution, at the option of the company, out of its future earnings, witn the dividends thereon, at the samejrates and paid on the shares of the capital stock of the company; and that such certid- be, at the option of the company, con- whenever hall be authorized to increase its ck lo an amount suilicient for such con- at the same time a reso- whether the company can deciare a dividend on such certificates? The questions all —— ine go Wd in rail- road companies in this State and are worthy of seri- ous examination. First, the power to tasue converti- n the construction to be given Tauroad other provisions, should state the number of shares of which said capital stock should consist. This was to be done previous to the formation of the corporation. After the corpora- tion was so formed it waa then vested with the powers incident to corporations and various others specially named in the twenty-eighth section of that section authority 18 given “from time to time to borrow such sums of money vs may be necessary for completing and fin- dividend, The authority to is- borrowing jection to its being issued. It would be a harmless document, créating no debt and no obliga- ton, and in fact giving no wi the stock holders did not possess without ‘The railroad : 1d all its property and franchises belong to the stock- holders, and each one has @ share in such roperty proportionate to the amount of stock neld ot tive of the whether such ital stock r Pro 1s worth more or pe.) capt subscribed a certificate Smereaace nor diminishes the actual wealth FI the purposes statea it the effect whicn the defendants’ claimed for pein a nercnenee oo the Coorg of past earnings, appropriated purposes of con- struction, and not a cer.incate of indehtedness—it be- comes immaterial whether such a certificate be Series ennto incetecs Eamets of indebtedness a Position of the com} in relation yo as to render an injunc! pore omnes’ amount not already delivered in} A a cates have ‘been delivered uy the those stockholders who have not yet received them Would not be productive of good either to the plain- tiff or any other stockholder. The it delay of the penton’ in procuring the last injunction might passage notice of the meeting had been gi' directors, has been to invalidate them. of the directors, Mr. Stone, is out of the country. It cannot fora moment be supposed that such aD. sence can be a good reason to deprive a board of its wers. If so any director, by wilfully absenting mself from this country, could prevent the meet- ings of the board and perhaps cause loss or ruin to the corporation. When a director so leaves the coun- try he puts it out of the power of the board to give him notice of its m and their acts with- out him are valid. As to the other (Mr. Joy), he had informal’ notice of the meeting and of its object, He ressed his assent to the measure, and stated he could not be present and wished the board to act without him, I think this was @ sufficient notice. He fee his in- tended absence, and having no objection to the meeting. Nordo I think the suggestion that these certificates were issued for @ much larger amount ee ee from the Paver opie i renders {t necessary to enjoin the issue of the portion which has not been delivered. There is certainly a great difference between the estimated amount of profits upon which the issue of cer- tiflcates was and the statement contained in the annual reports of the company to the la ture from year to year, and it be! ‘be supposed that the board for the time which made the report ‘was best oy Wate with the amount of profits re- ceived and the smount applied to construction. ‘lo include the amount expended for necessary re} or interest on the amount expended for new work would hardly be proper if this was to be considered a dividend of profits. I do not, however, deem it necessary to examine this branch of the case, be- cause I am of the opinion that an injunction ig not cailed for under the circumstances above referred te it the issue of the bal- ance of these certificates not yet delivered. The third Gg ies ig whether the defendant can legally pay dividends on such certificates. By the resolution adopted they declared a dividend upon the certificates before they are issued, and the ¢er- tficate itself proposes to give to the holder of it the same dividend that shali be paid upon the shares of the company. Itis a@ weil established principle in rd to corporations, as before stated, that the all its property belong to the stockholders. It is equally well settled that they have aright to the profits arising from the earnings of the road. 1 know of no authority which authorizes the directors of the road to declare a dividend, except upon the stock, or to any person except the stocklolders; and if the holder of such scrip can be entitled to receive the same dividend as the stocknolder it be- comes of the same value and diminishes to the same extent the value of the stock. It is said that the stockholders are not injured, because each one re- celves @ proportionate amount in “aE and there- fore he receives the same as the whole dividend was made upon the stock. This would be true as to the present dividend; but when the scrip and the stock become seyarat and the earnings of another year are to be divided, then the stockholders, who are legally entitled to all the earnings of the sent: atter ment of the necessary expenditures, would be deprived of that portion of such earnings as was paid us dividend on these certificates. Aicem the present stock- holders might take their certificates and receive the dividend upon them without affect their inte: still when such certificates are soid and separa’ from the stock and other persons become stock- holders they have a right to claim the proilts of the corporation as the ores of the stockholder, and not of the seriphoider. It would be no answer to them to say that they purchased with knowledge of the issue of the scrip, and were therefore bound by its conditions, if the terms on which such scrip was issued were illegal. The Railroad act evidently con- templated no diviaend except upon stock, for it re- juires an annual return of the amount paid for divi- ends on stock and the rate. It nowhere makes provision for a dividend to any other person, and requires a full return of all earnings and of all —- during the year. If dividends can legally paid on such scrip, then the scrip becomes equally valuable with stock, being transferable on the ks as stock and entitled to the same share in the pro- fits of the corporation. It would possess all the attributes of stock except tne right of the holder to vote for directors. If such an arrangement can be sanctioned the law regulating the mode of increas- ing the capital stock becomes a nullity. Iam unable to see any ground on which the payment of divi- ene (- wnthos 2 We gee seems It is a viola- ons of law regul corporations; it takes from the stockholders Tights whien belong exclusively to them by introducing a new claas not recognized by the law, entitled to the same dividends the stockholders, and thereby diminishing’ the income from the earnings of the company, to which they are justly entitled. I have been unable to any authority for the establishment of any such class entitled to dividends. The plan proposed, of an ap- plication to the ture lor authority to convert the scrip into stock, would, of course, relieve the ditticulty which exists on this point; but until such a law is passed I see no authority for paying any divi- dends on this scrip or depriving the holders of stock cf ail the profits of the com which are divided by the Board of Directors. i@ application of these views to this case will render necessary a dissolution ofthe first and second injunctions, and all of the turd, except that portion which restrained the pay- nent of dividends on the interest certiicates, and he injunction is continued prohibiting the payment a dividends on those certificates until the further oder of the Court. SUPERIOR COURT—GENERAL TERM, Appeal. Before the full Court, Martha Barker vs, H. A. Peck et al.—This was an appeal from a judgment entered into in favor of the plaintiff. The action was originally brought to re- cover $10,000 for injuries sustained by reason of ce- fendant’s negligence. On the 10th of March plaintitr vas crossing Forty-first street, at Third avenue, when defendant’s employé, James Gormely, drove over her. In consequence her leg was broken. The case Was tried before J Jones, and @ verdict for the plaintiff was returned for the sum of $2,833. ‘The Court reserved SUPERIOR COUAT—TRIAL TERM—PABT |. eum of $3,000 under the following circumstances:— ‘The plainti® was employed by the defendants at the gaged on the second ‘a bale of rags, near whi Plaintiff alleges that while hatchway was opened without her Sterna how lose omen pg py ‘The defence set was gence on the part of the plaintig. eran ‘The case was not concluded. SUPERIOR COURT—PART W. ‘There will be sixty causes on the day calendar for Monday. The first fifteen will be called for trial, ind the others simply to ascertain what @tposiuon Stasel Sumre to make ed thaee Joseph Roll, was placed on trial charged with arson. Roll pleaded guilty at the December term to arson in the third degree. Sentence was postponed until there was some disposition made of this case. Tho prisoner was charged with being an accessory before the tact, Ass.stant District Attorney Hutchings opened and conducted the case for the prosecution and examined @& niinber of witnesses, It appeared trom their testimony that Laden kept a inger beer saloon at the commer of Fiitieth strest He 8 | i! : aE i is He g ile ne hit a Pa & | z dill i i z zi 3 at i i rn i i i A i EE Bee Shai in the presence of the cay Mr. Brackett, however, observ: the defendant to refuse to answer nts ne any juestions that might be propounded to him ifhe saw in his opening that the mo- tive which influenced Baden in firing his place was to defraud an insurance company. The secretary the Germania insurance Company testified that the risoner held a policy for agers upon his stock and jousehold ture. Mr. witness who sreeet the property that the aggre- gate value of the goods was $338 27. The prosecution rested, and the case will be resumed this morning. GRAND LARCENY. Henry Watson pleaded guilty to an indictment , On the 18th of January, son charging him with steali eighty-nine dollars’ worth of ladies’ apparel, property of Mary Aldridge, No. 1 Jefferson rooklyn. He was sent vo the State Prison for four years and six months. FELONIOUS ASSAULT AND BATTERY. Charles Edwards pleaded guilty to an assault with a dangerous weapon wita intent to do bodily harm to Susan McIntyre, at 21 Mulberry street, on the night of the 3ist of January, by stabbing her m the breast with a knife. He was sent to the Penitentiary for one year. CITY INTELLIGENCE, ‘THe WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- L ectpsetlay Hudnut’s pharmacy, HERALD Building, corner of Ann street: Aver: temperature........ Averane temperature on Thursday. INJURED BY MACHINERY.—Edward Shay, living at No. 31 Essex street, had an arm broken yesterday, at pier No, 8 North river, by a donkey engine. Taken to the City Hospital, i BURGLARY IN THE THIRTEENTH WARD.—A burglar yesterday morning entered the boot aad shoe store of J, Blyn, No. 2 Lewis street, and selecting seven pairs of boots and two pairs of shoes endeavored to Officer Layton, of the Thirteenth precinct, gave chase, when he abandoned get away with them. the property on the street aad made his escape. Suppgen DeaTas.—A man named John Hughes, ate of No. 49 Pike street, died suddenly yesterday, So Clg was notified to hold an in- and Coroner quest on the Yesterday afternoon Coroner Flynn was called to hold an inquest in the rear of premises tie street over the remains of John Christian Gun- ther, forty-eight years of age and a@ native of Sax- ony, who died suddenly. CONVENTION OF IRISH SOCIETIES.—An adjourned mecting of the convention of delegates representing the several Irish societies in this city and Brookiyn, ‘was held iast night at 42 Prince street, Mr. Peter Mco- chair, The object of the meeting was to ments for the celebration of much time was consumed in Ardie in the make suitable St. Patrick’s Day. examining the credentiais of delegates and in tak! the assessinents of societies that the convention ad- journed to meet on next Friday, without transacting any further business. NATIONAL INSTITUTE OF LETTERS.—The Council of the National Institute held its first meeting on Thurs- day evening last at the law school of Columbia Col- lege. Mr. William Cullen Bryant was elected presi- dent of the institute and Mr. re ited ge respon secret was the be pd of Pro- Joy and that of perma- secretary left the present. The officers of the National Institute as now surer. The office of coi temporarily filled by fessor Charles nent vacant for ol are:—President, William Cullen Bryant; Vice erg) J. Lothrop Motiey, Theodore D. Woolse jopkins, Joseph Leidy, Joseph Heury, , Mark Austin Flint; t, Howard Potter; Charies Astor Rotherm Dwight, George;T. Strong, Alfred L. B. Smith, George Ripley, Caleb 8. Henry, New! Jeffries Wyman, He jobn & am A. Markoe. POLICE " INTELLIGENCE. Wine BIBBERS IN 4 BONDED WaRenOvSsE.—On Thursday Thomas Burke, Patrick McCormick and Michael McCarthy were employed in the bonded waréhouse of Samuel W. Thomson, Nos. 282 and 283 West street, to weigh coffee, and while thus engaged the bung from @ cask became thirsty, and knock! of sherry wine freely test taking a quart each, more or less. The weigh in the act were detained, and subsequently charge by detects Yesterday the prisoners were day last a quantity of cotton, valued at $100, was stolen from the premises of Patrick Moroney, No. 90 Laight street, and carried away. Yesterday after- noon @ young man, giving his name as James How- calied upon Mr. Moroney with some cotton in a coal box and offered to seil it to him. After making an examination Mr. Moroney identified the cotton 8 « portion of that stolen from him the day previous, and caused Howard's arrest by officer Wood, of the Fifth precmct. Justice Dowling, before whom the committed him to the Tombs, and to-day the case will be furtuer in- accused was subsequently vestigated. THE ELEVATED RAILWAY, Trial Tripe Yesterday. After so mnany months of preparation the elevated railway on Greenwich street from Cortlandt street to the Battery has been brought as nearly as possi- bie to completion, and yesterday experimental trips were made upon the route. Numbers of invited guests repaired to the office of the company, at the corner of Greenwich and Cortlandt streeta, and after u which Js moving in the direction it is destred to The entire macninery is so simple and when once acen so easily understood that wonder is expressed that the plan was not thought of before, Yesterday the car, which is made t go only in one direction when the road ts completed, was drivea backward from Cortiandt street to near the Bactery im a iittle wore than taree minutes’ ime, and forward fae A H BEE i lutchings proved by a No, 40 Chrys- Correspond- A. Joy; Council, Theodore W, A Spencer F. Baird, Horatio Allen, W. H, ©. Bartigtt, William P. Troworidge, Wil- Hammond, H. Hamilton, Thowas M. ive Field, of the Fifth precinct, ed before Alder- man Coman, at the Tombs, and committed for trial. SELLING CoTTON TO THE WRONG MaNn.—On Thurs- Tax—Comparative Computation of the Col- It appears that the tax on whiskey under the new Internal Revenue law is a “capacity tax.” The gov- ernment has caused surveys, to be made through the tilleries in, the United States. Every distiliery is obliged by law to return at least eighty percent during each month upon his ascertained capacity, and in default of his so doing the assessor assesses him for a defictency, and the tax as to such def- ciency is collected the same as any otler assessed tax. It is believed that in the business mode under the new law the minimum capacity has Cree A reputed and made the basis of taxation. the maximum capacity been fixed upon there is no doubt that little if any injustice would have been done the distiller, aud the entire whiskey tax would have been realized substuntiaily. COLLECTIONS ON WHISKEY. The following will show the amount realized on this article in the Eighth district from July wo De- cember 31, 1863:— Amount coliected by Thomas E. Smith, Col- lector, for the mouths of May, Juae, July And AUgUSt, 1967......+.seecesee ae Amount collected by Alexander Spauldu Collector, for the monihs of May, June, July and August, 1868........ 274,500 Distillertes in operation under Smith:—May, 24; June, 21; July, 2; August, 13. Distilleries in operation under Spaulding:—May (for 8 days), 11; June (for 6 days), 16; July (for 4 days), 2; August, 0. Amount collected by Smith forthe months of September, October, November aud De- cember, 1867—tax $2 per gallon....... ....$159,839 Amount collected by Spaulding for the months of September, October, November 64,529 and December, 1863—tax, 50c. per gailon.. 447,307 Dustiileries in operation under Sinith:—September, 16; October, 14; November, 10; December, 11. 6: ‘Distiileries in operation’ under Spauiding:—sep- tember, 3; October, 7; November, 8; December, 6 Collected by Spaulding, May to December, 1868, inclusive............. secccsececcese co GO21, 867 Collected by Smith, May to December, 1867, paige MICIUBIVE....0+seresscererensreeercrerenerre Increase in 1868........... see eeeeee ee eces +e $205,408 FOR THE LAST SIX MONTHS OF 1868 AND 1867. The following computation will show the gross re- ceipts of each of the seven districts in New York for the six Months commencing July 1 and ending De- cember 31, 1868 and 1867:— District. 1868, 1867, sees $1,518,061 $2,215,088 BAO, A485 48,002 + 803,008 1,425,817 642,404 108,418 2,709,183 2,707,640 Ninth. . 945,683 1,075,969 Thirty-second 4,403,000 4,028, 769 Decrease in 1868... THE TAX ON BROKERS’ CAPITAL. The excitement among the Wall street brokers in Teference to what they term “an infringement on their rights” by Assessor Webster, of Thirty-second Internal Revenue district of New York, became somewhat abated yesterday, and most of them deter- mined, like good boys, to yield to the assessor, at least for the present, and make voluntary returns to Mr. Webster states that the law requires these people to make returns to the assessor of their district, and if they fail in doing so it is the duty of the assessor to make arbitrary assess- meuts on their property on the best informauon he can obtain, The law further empowers him to sum- mon guy delinquent taxpayer to ascertain what assessment ought to be paid. Mr. Webster says that 60 far every person le bas summoned has come to the conclusion that he will make his return volun- tarily, and, therefore, it did not become necessary jake an assessment in those cases. The assessor whenever any- ly does or attempts to resist him he will take measures to make the assessment himself. He says * some of the no 1ssue raised to make it necessary for him i.5° into an examination of books and papera in det: He has made a partial examination in one insignif- cant case, but he found that the man had meant to be honest, although he had made a mistake through negligence. enies having any issue with Wall street, and sa! if there is an issue with that ye rallying Wall street id of the bulls and bears at ali it jat has it with the assessor. POLICE TRIALS. Complaints of Actresses—Their Rooms In- vaded=One Arrested and Paraded Around the Streets. Commissioners Manierre and Brennan held a ses- sion yesterday morning for the hearing of complaints against officers, There were a large number of cases heard—principally being off post, neglect of duty, violation of the rules, coffee and whiskey drinking, gossipping with citizens, &c. The only iauportant case Keard wea that of m2 . had gone out to re- lteve officer Cox. The Sergeant went out with the reilef, and pnaing. aes Cox had leit bis post before the of Hart, asked why he was re- turning to the station house. Cox stated that he had been relieved by Hart. On meeting Hart in the station house the latter insisted that Cox had not left his post until his arrival. The Sergeant said to him that it was not so, and asked him bene he ‘alk of Hart’s witnesses fn > that '$ wi swearing he did Sot call Hart 4 d—4 liar. Hart, in return for his grievous annoyance of his superior officer, was with conduct anvecoming an ofi- lating these rts about his superiors, in the case was the same as out- : lined above. In the case of the Superintendent against patroiman J. J. McGill, of the Fourth precinct, who 1s charged with improper conduct in forcing bis way into the room of Florence Tempie, actress, of No. 101 Bleecker street, and arresting Airs. Wood, who was taken out and over the city to Ludiow street jail aud the Fourth precinct, where she was dis- charged, the principal prosecuting witness not belong present it was adjourned uatil Tues tay next. LIFE INSURANCE. York, February 6, iseg. To Tag Eprror oF TH® HERALD:— Ihave noticed during the last few days several articles in your editorial columns severely revecting upon the condition of our life insurance cam panies. While there may be, and no doubt are, cases of ex- travagance, recklessness and tendency to inse vency among our companies, yet as a ciass they wii com- »pare favorably with any other corporations in the country. Ithas béen well sala by an eminent nuthor ity (Prof. De Morgan, of London) that “tnere is nothing in the commercial world which approaches, even remotely, to the security aforded by a well Organized and pradently managed life iosurance company.’? T he twofold scrutiny to which our lie companies are subjected by the iaws of this State and of Massa. chusetts is so searchi ng and so strict that it will be impossible for an insolvent company to esvaye detec- tion and exposure. The dangers from epideunics are considered and aimpiy provided (or. In regard to extrav: that men will rarely iusure their lives, exept means of canvassers or ageuts. if the Compen- for such service is excessive may it noi safely to the law of poppy and demand? As tar as to salaries of officers theit compensation is no means excessive, when we rememver the training and ability needed, as well as ihe t interests committed to their care. May not this matter be safely lett to the board of trusieus or di- pany be tan at sonanie times we all should be subjected. in no branch of ness, per! is there so mach de- pending upon character, ability and fdelity as upen nce, itis proved by experi- cn Hi the oificers of our life insurance companies. us, however, use discrimination and not make tne good and the worthy su: for the misdeeds and shortcomings Of the bad. Yours, respectfully. SHEPPARD HOMANS, actuary.