The New York Herald Newspaper, February 24, 1869, Page 4

4 EUROPE. Count Bismarek’s New Map of Europe. An English Prediction of the American Rejec- tion of the Alabama Treaty. Mexican Bonds and Bondholders in England and France. Tue North German Lioyd steamship Main, Captain Oterendorp, arrived here yesterday moruing from Bremen, via Southampton, She brings details of telegrams up to the 9th inst. The fourth number of the Trifune Populatre was seized on Saturday, the 6th inst., In Parts, The Gazetle des Hopitaux announces that sub- Bitrate of bismuth has been empioyed in large doses with wonderful success in Algeria 38 a specific for dysentery. ‘The village of Buzan Ariege, France, has just been almost enurely destroyed by tre, The church, priest's residence and nearly 400 houses or farm buildings were burned down in a few hours. Typhus fever ts very prevaient just now in Brus- sels, and the Moniteur says that many families have left the city m consequence. Young girls are the principal victims of the disease. A letter trom Liége, in the Ger-nan Correspona- eno, states that the guomakers of that town have received orders from the Prussian government for 300 mitrailleuses, to be delivered as speedily as possible. The Crédit Modilter Company, Paris, has jst sold, for 1,125,000f., one of the two hotels which i pos seased in the Place Vendome, Mr. Justice Keogh has declared Sir A. Guinness unseaved for Dublin, bus not by corrupt acts of his own, Sir Arthur has to pay the costs, The public trial of Prince Karageorgewicz for com- plicity in the assassination of the late Prince of Servia commenced on Monday, February 8, -The public prosecutor, in opening the case, endeavored to show that the prisoner had rendered assistance to the murderers, and that MM. Stankovits and Trif- kovits were accomplices. The authentication of the docaments required at the trial was thea proceeded with, Archbishop McHale, of Ireiand, discusses the questions of the day at some length, expressing his belief that With the just and equitable disposal of the Irtsh Church question the interests of religion, the peace of the couatry and the prosperity of tne people are intimately connected. Advices from Tournay, in Belgium, state that a great mortality prevails at this moment among the children of the working classes in that town. The number of deaths, which haa been from twenty-five to thirty per week a fortnight back, has now in- creased to forty. The New Prussian Gazette says that according to & communication made to the Prussian Cabinet by “one of the great governments desirous of peace,” the life of Count Bismarck has aguin been threat eued. Astudent, born in Hanover, is nawed as the person to whom the assassination had been en- trusted. Another charge against the directors of the Mer- chants’ Company ( Limited) was heard on Monday, the Sth, at the Mansion House, The former charge was that of conspiracy against three of the directors, Messrs. Stuart Lane, Chapman and Helbert; but the present charge was against Mr. Lane and Mr. James Childs, also a director, for publishing a circular with intent to deceive and defraud. After a lengthy sitting the Lord Mayor adjourned the hearing until Friday next. ‘M. Duchesne, captain of the Pereire, has been pro- moted to the rank of Officer in the Legion of Honor for bis galian' conduct during tne late catastrophe on board that steamer. M. Guy, surgeon, and M. Laromeny velot engiuetr, are Made knights for their Services on the same occasion. An accident of a fatal character is reported from ireland. Seven fishermen, incinding o father and ‘wo sons, were at sea, when the weather suddenly changed and 4 furious wind biew, accompanied by Tain. The men were unable to reach the land and the boat drifted on to the rocks, near Dunmore, where the whole lost their lives. Count Sismarck’s New Map of Europe. ‘The {nternational of London and Paris of the 24 jast. publisges a plan of Count Bismarck’s zeographt- val views respecting the future of Europe. The most striking feature is the solid and square proportions given to the Prussian empire, the frontiers of which are indicated as follows:—To the north along the Baltic from the Vistula to the frontiers of Holland, including Denmark; to the southeast it avoids Cra- cow and Vienna, but includes Bobemia, Bavans aud Wurtemburg on to the right shore of tue Rhine, the left being ceded to France. Swimerland and Holland are left, as it Were, in doubt, the frontier line not being in either case carried past the present boundaries of ose countries, Berlin is indicated as the umperial capital, while Hanover, Posen, Dresden, Prague, Stuttgart and Munich are classified as the seats of Viceroyaities, Austria aud the Principalities are entitled the Danubian Empire, The Kuasian limits start from the north at the mouth of the Vistula and strike Off eastward at the city of Cracow, which city is included in the Danubian empire. The line of the French§emptre follows the left shore of the Rhine from the frontiers of Holland tv the frontiers of Switzerland. ~ ENGLAND. Predicted 'ejection of the Clarendon-Johnecn Treaty by the United States. {¥rom the London Standard, Feb. 4.) ‘The convention now conctaded between tie Awen- can Minister and the Secretary of State for Foreign Affairs Son, of course, saeien oe either nation. {t mast,.of course, be ratified by Majesty, under the advice of the Minister by whonr it was concluded, but uo similar obligation rests upon the Senate of (he United States, whose consent Is required by the constitution to give effect to any treaty entered into by the execative government. And such is the hos- uulity Of the Senatorial majority to the present Presi- dent and to Mr. Keverdy Jounson that it is quite vonceivabie that the convention may, on purely party grounds, and without the least reference to tts Merita, be rejected by that body. in such an event pM must of course be reopened by G Grant. It ia, however, baraiy possible that 1 case a treaty more favorable to America shot be extorted from any British administration: and as the probable effect of # further postponement of the settiement would be te render tie American people weary of the matter, and to give time for the republicans, assured of @ four years’ tenure of power, to become cooler, more reasonavie, more hey to fer the real interests of the country | and the credit of the government to the temporary popularity won by claptrap appeals to the passions of the multitude, we do nut know that Engitshmen need regard with apy great anxiety the action of the Senate. In onl) one respect has the existing con- vention an important advantage over any other that ap English government would be likely to conclude; namely, that having been subs jramed and negotiated by the conserv: . and actual. y and sealed = by Nberais, it | » fo from mere party i and rite | em, On the other hand, it is sure to be aupopuiar | in america as the work of Wresident Jonnson; | whild an exactly sumilar treaty, negotiated under tue | auspices of his successor, would have the benefit both of the party spirit of the republicans and of the personal pdy alarity of General Grant. In any case, the present c&yvention may be vonfidently regarded as embodying the (erins on which the questions #0 long debated betWeag America and England must finally be sottied. Its condessions can hardiy be rawn, while, except that jittle elique of anti- Patriotic radicals, of which Mr. Bright is the most po ae and Mr. Forster the ablest rey ota- tives, is probably no Englishman who would consent under any pressure to extend them. The convention is very simple indeed, It ia, as was to be expected, litte more than a settlement of the terms of reference. A commiason consisting of two members sppointed by exch goveroment reapectively, with power to a an umpire, if ehey can agree, or two If they cannot. ix to pro- w judgment on all Claims of the sabjects of one Power against the other which may be preferred by elther goverment Within six months irom the date of the convention. The judgment of the com- mu on all points submitted to it is to be ren- dered within two years; and any damages awarded are to be paid in coin within eighteen months after ward. If the commissioners fail to agree upon 2 single um each party appoints one, and it ts fo be decided by lot to whieb umopite any point on b the commission is equaily divided shall be Taterred. This provision Would be very ansatisfac- ‘NEW YORK ‘HERALD, WEDNESDAY, FEBRUARY 2, 1869.—TRIPLE SHEET. lh ee sib te H i i g| 5 =, & | & i } ‘ g ° 3 5 DI & contested point of the in! ence of our recognition of belli of the confede: t We conceive MRE gestion cannot become, directly, & subject for feation. not and does not found any “claim” against us upon our alleged excess of hi Cy eonceding Unit hts tothe + rebels.” Om the oiner id, We soe advocates, if so disposed, from mooting the point by & side wi Su the question of our itability for the escape of Alabama to be to we of Prussia, Is the Ameri- can government nitght instruct its advocate to. urge that our hasty concession of belligerent right was a proof of will, or even that it was wrongful in se; that the Soutm was never a belll- Gereut power, and therefore the Alabama never rid of her Engiish character, or ceased to be, wi Yankee journals offensively called her, “an English ane Fee 123, cer = et byw! Cg actnaced, In pressing question, yy & desire at first to widen his ground of quarrel with us, and ‘ards lo preserve the semblance of consistency; and that it will never be serioi urged. in the place, it could be shown that America had proffered recognition of the same kina repeatedly, with much jess ciear aud absolute justification, Next, it couid be shown, that her own Supreme Court decided that, before the date of our recogni- tion, the South was # belligerent; and that the government of Mr. Lincoln acted on that supposl- uon. ‘Thirdly, it would be shown that every European Power, except Russia, acted as we ae and could hardly have acted otherwise. = flually, 1: would be proved, that so far from ig | the North, our recognition of the state of war rendered it materia! assistance, and that a contrary coursé would have either Cale its operations or forced it into hovtilities with all the Powers which refused that recognition. It would also appear that the interpretation which we put upon our neutrality, in excluding prizes, was of infinite advantage to the North and of great mjury to ourselves. All theae points are so clear that we cannot think that an American lawyer would choose to raise a question in which his government must appear so ludicrously in the wrong. hat may be ixgue of the arbitration on the main question—our bility for the Alabama and shenandvab—we will not atiempt to conjecture. It will depend entirely upon the temper of mind aud tone of thought of the arbiirator. An im lawyer must undoubted decide in our favor, on two grounds. that the pla:ntur is estopped from complaini by bis own previous acts and declarations, having over and over again sent from his ports, not Alabamas unarmed and without @ crew, but armed cruisers, to prey on the com- a eee under a belligerent flag; int Russian war his squadrons protected an Alabama of own from the capture to which it was legally lable. Sec- ondly, that the emission of an unarmed ship from neutral port to be armed before she reaches @ belli- gerent port is @ caxus Omissus in the law of na- tions; and that the Grst part of the transaction. for which alone we are technically answerable as occur- ring within our See was clearly innocent. A statesmen Kareem dl digerent to law would almost as certainly le us. He would hold that sending an ship to receive her armament on the high seas is virtually sending out an armed expedition from the neutral port; t! w this be done through want of ce in tke neu- trai’s government or deficiency in the neutral’s laws the neutral must answer it; and, finaily, that what- ever the law may be it ougnt to be such as to pre- vent the arming of cruisers anywhere but in the ports of the Power which commissions them. We cannot tell whether the legal or the political view will govern the actual decision. The former would do us justice in the particular case; the laiver would ind to our future interest as the greutest and moat vuluerable of commercial nations. ‘The Convent Trial—Coutinuation of the Ex- amination. ‘The case before the Queen’s Bench between Miss Sauriu and the 5u) ress of the Hull convent, or the “convent trial’’ as it is called, excites every day 48 it proceeds more and more imterest. On Satur- day, the 6th inat., as the cross-examination of Mise Saurin, the plaintut, was drawing to a close, it came out that when the plaintul was charged before ‘a *" which resalted in her expulsion, she was “not alowed to give an.explanation of conduct, as it involved @ charge agatost either the sisters or the superior.” An Pree made in May last for a copy of the si ns laid before “the commission” had been retused by the bishop, The Lord Chief Justice said that sentence of pron against the piaintit upon those statements. ‘Uther evidence.” be Lordship added, “there was none, and no person ac- customed to the administration of law would call them evidence at all. Witnesses were not exam- ined, and the plaintif? had not an opportunity of Making a singie statement, As a matter of justice the counsel for the plaintiff ought to be permitted to gee what charges were to be made ugaiust her. ‘Therefore, as @ matter of tairness and justice, they ought to be produced.” Mr. Meilish, counsel for the deiendants, said that he had rather Sergeant Ballan- Une saw ihe slatements in question tian comment upon in their absence; and the court udjourned at turee o’clock to allow copies to be made and intiis counsel. On Monday the plaintiff?’ n was brought toaciose. it had extended over three days a baif. The parents of the plaintid then went into the witness box in support of her case. In the course of the day it was inci- dentally stated that the hearing of the case might last @ week longer, if notafortnignt. ‘Tne jury made an earnest appeal to the counsel Lo curtail the exaun- us, Destraction of a Theatre by Fire. ‘The London Times of the Sth contains the follow- ing acco'nt of the burning of she iMull theati Shortly aiter twelve o'clock on ey | tre Koyal at Hull was found to ve on fire, dames having noticed ia the gallery. Information of the dis- weyed to the ia it once cont police sta Was got out with as little de- i hose Although tae police arrived on the ten minutes, the & £ 7 i Fe i! ee is ie uf z F i i ui prey to the faines, The theatre, which was built ‘a little more than three years , On the site of the old Theatre Royal, which was by fire on the 14th of € , 1860, was avery elegant structure and most iuxuriousty fitted. It was in the lesseeship of Mr. CI of wag” and Mr. K. Clinton Hall was the manager. r. Hall states that after the place wi Jeit apparenty quite safe. About twelve o'clock, however, one of the actors saw a glare in the theatre ised the alarm. An entrance Was at once effected, but the fire soon drove the men back. A Nose Was kept on the premises, but uo one knew how to amx it, and so the fames spread. The theatre was entirely destroyed, nothing being left but the bare walls. It was built by a limited Hability com- pany. and the first manager was Mr. Witham ‘ough, It next passed to the jexseeship of Mr. John Coleman, and about exght or nine montis ago to Mr. Chatveriou. At the time of writing the da- mage had not been estimated, and no slatement hi been made to the police as to the amount of insa- rance. The fire continued to burn tl] about noon on Beturday. A policeman was injured by falling from & portico. The Kecent Mtorma at Sea and in England, [From the London Datly News, Feb. 9.) 5 2 On Saturday might and during the T part of Sunday, up © an early hour yeste! morning, o severe gale from the south southwest has swept over Liverpool, causing ® good deal of damage 10 the shipping in the docks at the north end the town and wnroofing several email tenements near Hootie; but fortunately no serious personal injaries ace reported. From several parts of the coast the accounts of the storm are very distress. ime one veasels which have the Clyde suffered severely in working up the Channel, while nearly all the ships reaching Liverpool are more or less Gainaged, The Pericles, which has ar- rived from New York, e: very severe On the 24th of January the shi water. Anew sult of sails was two boats, the galley, 4 on deck anda che ahd the bulwarks were carried away. A quantity of the cargo, consisting of grain and rosin, was thrown overboard; and when thé yesae) reached port she had eight feet of water in her hold, although the crew had at the woe he ip Was covi blown tw for forty consecutive hours. The master of lantine, which has arrived in the Ciyde from Calabar, reports that on the night of the sist Jamu- ary he was ia company With large ship boaud ap Channel; but went out in terest See <a ‘The ‘royal mat! has just arrived at verpool, also came in for storms, From leaving the Mersey reached the wsland ‘the sea and wind were dead "and her deoks were yg? Le gph he intel- head | states ‘hat @ headboard with bare opis. racli” out on yh Bee bee small barnacies attached to the headboard and the terday dismantied bound washed ashore near Arkiow Bank, and it is feared some has gone to ‘The ship Persian, Savannah to men, With a of cotton, has been lost at aca. and the safety of the crew, English Holders of Mexican Bends—Important Circular from Minister Romero. (From the MORAG SRR: OF TA EON ‘The fol ja from the tee of Mexican Bondholders. of the committee that the document should not be too regarded ‘seems superfuous, since the ons point it contains 18 to impress on the bondholders that, owing to their paring eeuaied with the government of the late Emperor ‘imillan, the repabiie would now be entitled to duscard their ciaims altogether, and that anything granted must be taken ag a matter of grace, whiie, at the same time, the in- dications as to what is likely to be ted are ag vague a3 all on the mani sul Acct to the docirine of Seiior Romero, the liabilities of a nation cau be wiped out the moment one government is upset by another: No, | Copraaus Cuamu' E. C., Feb, 8 1869. Bondholders’ ites Rena tor ub= The * Cormumittes beg to Meation the enclosed document which has just been received from their agent in Meaico; but they fee! ihat, at this early stage of the nezotintions, too much Importance must not be attached to the views therein ¢ by the Mexican gov- ramet (Tranglated from: the Spanish] KOBETABY OF ‘ATE'S OFFIOR, Excneques or PusLio Crgpit, SkvTION No. ing, however, 4 faut, wilich are now acknowle munications you express a desire Mexico should address s proposal with a view to arrange the pending didliculties, The government of Mexico have been considering this matter with ali the attention that ts gravity and importance The holders of ponds when they entered into covenants with the usurper Maximilian rescinded by so doing of their own free will, not only according to the Ukewiae by she rights of nations, all the a:rangements which the because hhad made with the gover ry Shey broke faith in thelr ‘engagements tothe laiter, hot alone og AD ive citimate power, an enem: Moxie; bat by furtuarmore acttadine & ieeeaen e eee moral support which assisted such 1 Pawer to appear be- fore the world aa belng the government of Mexico. ‘The holders of bonds thought ft to be to their advan enter {nto arran, Of a very special cl with the usurper Maxtmiiinn, even before the latter considered bim- self to be Emperor of Mexico; and such arrangements, the opinion 0 of the have of themsel ied : jexican republic, will be necessary to enter into fresh stipulations #0. ua to definitely settle the rights aad obligations of both aides. ‘The government of Mexico is disposed to concede ali that may be just and equitable, and does not doubt that the bold- era of bonds on their part are actuated by a similar desire and intention, which will faciiitate coming to # definite ar- ment in the matter. ‘The order of things established tn this city through French intervention momentariiy led to various financial operations, the proceeds of which were employed in a more or leas direct manner in war aginst (he Mexicans who defeuded the independence and aut of theirjfatheriand. ‘The na- Hon derived no advantage from these operations, which, be- sides, ware efecied by {adividuale who could not pledge the nation inany way. ‘fhe government of Mexico could vot, therefore, eveu if they wor jowledge in any way the v of the acts of the {atervention or of their agents 0 Jong au they tended to create responsibilities or obiizationa against the nation, since this would be not only unjust, but it would be entirely impossible for the government to (uilfll the (bilities consequent upon such acts, 7 virtue of auch considerations the government of Mexico By the an fo e and unfriendly authority as tl ernment of in that manner havi recognition given to the same a moral siren, measure coutributed to render the, Wa vention more bloody und durable, the holders of took (possibly innocent which alficted the repu and therefore contril and annihilation in which it supposing, as financial situation {a which the republic fi ba id a oe pene ® share the conse- quences thereof, granting to Mexico the o time to enable the country to resume the pu mat of mate debts. 6 BE eae Even after the basis shall have been lupo! bondboiders, which are to govern their rights and the obiigations between both parses, it will be oecessury for Congress of the nation to grant and give thelr co-opera- tion, facilitating the necessary (unds to carry the aame into effect; for, as nv doubt you are well aware, by virtue of the Federal Constitution the Kxeoutive cannot enter into any other than ‘authorized by the Cougress pre- Inte pending and to between the government of Mexico and tue bond. is requisite that the ro holders should be fully author! which may arise, As you bave informe! us structions are limited to transu! to the bond an is made by the government ‘Mexico, it appears wei point out to you ‘on that account delays which may occur befor® the final settlement of hr lmatter wilt be in @ great measure cat the nature of the powers which the bondholders have ght convenient to "Tints, respectful bedient servant, ‘am, Feapectfully, your o . M. ROMERO. To Mr. Epwanns J. PeR2Y, representative commissioned by the holders of Mezican bonds in London. yn by the tiah viously. For the purpose of resolving all. the be arran; holders Mexican Bonds in France, A winitsteral order, issaed on Saturday, the 6th, in Paris, by M. Magne, the Minister of Finance, an- nouuces that all holders of Mexican bonds will re- ceive an instalment of five francs eighty-two cen- Uines in rentes and three francs fitty centimes tn cash upon each bond, and alse on each debenture issued by the Mexican government and bearing six per cent interest, an instalment of three trance eighty-eight centimes tn rentes, and two fraucs forty ceuties in cash, The exact date when, and the amounts Which will be paid for the definitive settles tent of the ciaims will be fixed subsequently. Those persons entitiea to | sevbien a will receive w special warrant issued to bearer and discountable in the market. FRANCE. As Address ow: the Spanish “People—Quece Isabelia the Reputed Author. Spaniards! Since my infancy ‘on I been the nativnal syrnbol our vigite avd berties. hen whom | had loaded beneiits when appeared before me a your our defenders once pretended, alter having Umes sworn the contrary, i= my dynasty wae an foanrmountable et J ' Pr fe N t pehentag C| that they lied; but I never id undeceive you at the cost pT pose, without obstacle and control, which they were to make you more and richer, would have blessed them ¢ their to myself, sacrifice ay ton 2 Fire to remain to my a months bare now passed vers are bas reddened the paveme: ‘adiz and Malaga. Your honor has bren fiung at the Nt princes, whe put Lp ng poy hich we added tbe new jewel Tosean, and, your fortune tn diaialshed by all the guid Stow ton the potst of Going oraigners wae on o e hare acquired ft; and our nai thundered bat in the Paeitic, is! guard of your crowded in the holds of tolerance of which my soul had drawn ee was en- terging gradually before faith hed opened to us, Fagaticiam has been roused by the gratultons insults offered to t pend testa’ AR haces of our churches possess great value, they have thelr hands even on our ehslices, in order to prepare their taventory and their nals, What are the polities! prince that hare been ah y Spats bee lust inthe Bure Sr alt great Power which we tovether bart Let but some great event occur now in the be exelnded from & common action. Our noble country, to- wards which the eyes of the world once turned when a ques: sion of honor was to be aettied. Ix now become the of rank ed for her. ‘and we aball scandalonstratic, People sy you are to be sold because some have sold themee! mit L weil Know that yon are ssid ry of the chivairous honor of the ‘Commerce is tomb a here ts no Keystone to vour social edifice, every ove nat fall apn you. While embracing my children I think of yours, and I kneel fand pray to Haaren to ralee up some one to ade you, even were he ty bind on his brows the diamem winch f hold from my ancestors, But, alas! the aaivation of nations can only reauit from the application of detned principles; aod waen wentus fe wanting the aymbol alone may be eficacioun ; in not around a avmbol that an unsetded nat ine hich Ged has imponed ome see which « ny me, and Should be develedto you. Let na concert together (0 restore to Spain pe: and glory. Let ux put aside without anger ibe in- who have deinded you, [ask of you to pardon Of the good they have done me in giving yon will 1 bine dati because wy whol hem ae i without even remempering that Kpanish men the foreigner the exercise ot NEW YORK CITY. eee UMTED STATES OISTRCT COURT. Baukrapt Decisien—Fraadulent Assignment. Before Judge Blatchford. In the Matter of Edward MoGee,—The assignment from the bankrupt to Salomons was made in fraud of the Bankruptcy act. It was not made tn the usual or ordinary course of business of the bankrupt, and that fact te made by the thirty-ffth section of the act prima facte evidence of fraud. Besides tt clearty appears from the evidence that the bankrupt was in- solvent when be made the assignment, and that ‘Salomone bad reasonable cause to believe him to be insolvent and that he was contemplating going into bankruptey, and that @ fraud on the act was in- tended by the transaction. all the consideration Sulomons has for the ed pro) been pald out of the collections oi the depts ‘The for Pretorius knew the mala fides rer any’ money te Pretorius, and. "ene over money U8, latter 16 with all the knowledge bis att same was also attor- torney ney for Salomons and for the Tupi, Any money ‘wivich Setomons or his attorney las patd to the bauk- mons bi has recei any money whi proceeds of faseigued pr cag mast pepald over Ha oe the assi m ptcy by Salomons. The eg Pretorius and the attorney must be held Hable to account to the assignee in bank- raptey what they ge) have received or retained Must transfer and ruptoy all the realized or or which still remains uncon- verted into money, and all evidences thereof, and the temporary injunction heretofore granted must be made perpetual, Salomons must also pay the costs F.C, Bowman, assignee in bankruptcy, in person; Stevens & Reymert for the defendants. Condemnuations, Before Judge Blatchford. Orders of condemnation were issued tn the follow- ing cases:— ‘The United States va. two boxes of printed music; three cases of do.; tobacco cutting machinery and other property in tobacco factory im Kighty-first street; a quantity of distilled spirits; three and a half hogsheads of mol seized at 563 West Forty- seventh street; a quantity of distilled spirits, seized at compounding house of A. Freundieich, Thirty- seventh street, near Ninth avenue. UNITED STATES CIRCUIT COUT. Action Aguinst Ex-Assistant Secretary of War Dana. Gazaway B, Lamar vs. Charles A, Dana.—The plaintiff in this case has filed a complaint tu the Cir- cuit Court of this district, he being a nutive of Georgia, charging the defendant with tllegu! arresi and confinement in the old Capitol Prison in Was- ington for @ period of three mouths in the year 1865, ‘The case us not yet assigned for trial. SUPREME COURT—CHAMBERS. Voting on Proxica. Before Judge Cardozo. In the Case of John RB. Cecil vs, Henry Parish et al.—This was & motion to set aside an election as to three out of twelve directors of the Metropolitan Gas- light Company. Two tickets were offered at the elec- tion, agreeing as to nine names, but differing as to the remaining three, For the one on which Cecil was, Mr. Zollicotfer, who headed the ticket, offered to vote on proxies of more than the stock. These proxies were rejected by the inspectors of election ‘for varions reasons not arising on the face of the proxies. On the argument Mr. Justice Uar- dozo intumated that inspectors could not go behind the proxies, and has now rendered a decision that the election as to the directors mentioned in the pe- tition must be set aside and a new election ordered. Order to be settled on notice, The Merchants’ Union Express Company Liti- gation—Another Suit. Charles B. Harris vs. Ross, President, and Others.—This ts another of the actions brought by the stockholders of the Merchants' Union Express Company to prevent the consolidation of that com- pany with the American Express Company, and was brought up on an order to show cause why an injunction should not be granted and a receiver ap- ted. ‘he grounds of the new suis are mainly those of the suit by Bigtchford, whuch have already been published. The defendants asked an adjournment of the hearing to the 15th, to enable Mr. Pomeroy, the attorney of the company, to present his answer to some of the affidavits, r quite a long discus- sion the Court decided to have one paper read, so that the: motion might be considered on, and then to take an adjournment to the 8th of March. A similar disposition was made of a motion to set aside or modify the orders made in the tigskin suit, which is claimed to have beea brought in the interest of the new company. SUPREME COURT—CiRCUIT. The GriMth Guant-Reade-Sweetzer Salt. Charles Reade vs, Charles H, Sweetzer et al.—This is a suit growing out of @ criticism in the Round Tabdle on the novel entitled “GriMth Gaunt,” of whitch the plaintiff is the author, and which among other things, elicited the “Prurient Prude’’ letter. The commencement of this libel suit and the publication of that letter were almost simultaneous. After it was reached on the calendar tt was delayed some time, under the expectation that Mr. Reade was coming to this country. At last it was set down as to-day's sole business, before Mr. Justice Clerke, the publication of a full calendar being a mistake. On the call of the case Mr. Sweetzer's counsel asked an adjournment, he being now sick with brain fever. Mr. Booth, the plaintiff's counsel, did not object to Libel a day's adjournment, but was strongly o| to its going over for another term. Rather he would consent that Mr. Sweetzer’s testimony be taken ex parte and read on the trial without Objec tion. ‘The counsel for Mr. Sweetzer objected; that he Was & most important witness on his own behalf, both as to matters of justification and mitigation; that he bad @ right to have this testimony given tentimong taken wax nugetoty, as his physicias bud imony was ni , 2 nd they. counsel) had, ta been unab! munication with him for some days. ‘The Cou rt, on the assurance of counsel that the case could be tried in two days, in order not to de- tain other ju em @ jury and theo poned tne case to ny moraing, vuen It Is to pro- boven provides Mr. Sweetser's testimony can be ob- el, SUPERIOR COUNT—TRIAL TERM—PART |. Action Agalost an Insurance Company. Before Judge Monell. Duncan McCool and & D, Frith va. The Sun Mutuat Insurance Company.—This was an action to recover the sum of $10,000 on be oy owl insurance on the cargo and bark Lindo. that she left Miramichi in November, bond mopped at False Bay f0F coat bat subseyusatly be for sul l_ wreck. ‘The owners now sued for the recovery of the Insurance money. ‘The delence set up was that the vessel went out of her course, and consequently rendered the policy void. ‘The case Was not conc! SUPERIOR COURT—TRIAL TERM—PART 1, Action Against a Railway Company. Before Judge Jones. Biaateth Gonaales, Administratrtx, 08. The Neve York and Hartem Raitroad Company.—This was an action to recover damages under the following cir- cumstances:—in the month of November, 1864, Wil- liam Gonzales was a passenger on the defendants’ railroad tn the train which left Mount Vernon at twenty-seven minutes past three o'clock P. M. In stead of getting oub on CB] one tor passengers, Gonzalea descended from the opposite side. Just at the moment aa express train, which Was coming up, struck and knocked him under the car upon which he had been traveletg and killed him, His wdministratrix brought an action jainst the company and the jury awarded damages. ‘The Court of Appeals, however, set aside the ver- dict, on the ground that Gonzales should have looked up the tract ting off the car. The plain- tu now contended ¢ sorted signals of ite ‘approac! a hat of contributory agence on the of the deceased. The Compiatat Wes dismineed. boas For plaintd, ©. Van Pelt; for defendant, Charles A. Rapatio, SUPERIOR COURT—SPECIAL TERM. DROLSIONS. Judge Freedman rendered judgment in the follow- ing cases yesterday morning:— Weed vs, Connecticut sMiiuat Insurance Com. pony.—Movion granted. Mevartney vs, Murray.—Order granted. Baker et at vs, Johngon et al.—Motion granted. The harnum-Van A\ th Musenm Company ts. The Commonirealth Fire nee Company, — Motion denied, with ten dollars costs. Yates vt, Schiolde granted. Thompson va, Sehou et al.—Movion granted, By Jones, Hachelor ve. Albany Insurance U ny, —Motion granted and reference ordered, with ten dollars wR, AllER Ot hme costs to detendant to abide event. Judginout tor thy defendaat on the demurrer, wita Stotner, Administrator, @e.. them were on the opposite side of the street; they were walking, then they stood still and then crossed the street; they were about eight paces from the pris- oner when I thus saw them; I was eight pacea from the prisoner; the others were forty or fifty paces trom the prisoner; all three together came acroas. the street; they walked across in the same line; were all on the sidewalk and then tun mare! nets Ryland was netiner bettad nor tn if | saw them I would sitting in om their coats, and one said, him alone, not the one who whipped the woman !”; it the man who is dead, and who wanted take of his et, made this remark; the man who was killed took off his coat; it was one of hia two companions who made the remark to the mano who is dead; | understand the English when I hear tt spoken, but cannot speak it; prisoner was about two paces from them when they were taking oif their coats; the prisoner had bis arms folded and said in Italian, ‘Ido not under- stand thee;”’ then the maa who is dead said, “I will kill you,” eed rid his band on his own hip under bis coat; be looked at the prisoner when saying it, and called him, two or three times, @ son of a b—h; he accused hint of maltreating @ woman on the sume afternoon about one o'clock; he was walking straight and spoke weil, but [ don’t know whether he Was drunk or not; he did not use any other pro- fane language; he was making movemeats in the air with one band and had the other hand in his pocket; isaw the prisoner give one blow to the deceased; the deceased triea to strike the prisoner two or three times and the prisoner slipped back aguinst we wall. Siok the prisoner ib he was ‘fo witneas—Q. What did you was going to take from his pocke! Objected to and overruied, Q. Did you or the other men tell prisoner that the deceased had a Weapou and was about to kul him? A. Yea, sir; the other {talian told prisoner, “fake care, he has a weapon;” i told nim that deceased calied him & soo of & b—h and wauted to figut «lim; they were facing ouler about seven or eight minutes; when souer drew his knife the, standing face to face; kuife he, with one hai turned him partly around and stabbed him (witness described the movement upon the gene) then deceased weut away about ten paces before he tell; tue prisoner remained standing where he was from ten to twelve minutes, Cross-examined—Deceased was standing on the sidewalk when he was strack; | am certain about that; he stood uy the stdewalk and did not move oue Way Or the other; there were ie ad anol italian a little distance from the prisoner; the pri- goner was standing alone; no other Ital were near prisoner; the prisoner rematned tuere ten or tweive minutes alter stabbig deceased; after that he went off, in @ walking step, wituout the knife in his hand; he had put it back where he had takea it from; when he walked away i did not see him any more; | saw deceased walk off and fail on the ground; walked off the side- walk acruss the street and fell near the opposite sidewalk. (Witness identified Scanian and Golden as the men Wao crossed the street with ae .) ‘These two men stood there until deceased was struck with the knite; they ran otf tmmediately after ae- ceased was struck; they were ail three standing close Logetuer; the deceased stood betweeu the other two; they stood side by side across tie sidewalk, ant prisoner stood with his back w the wall of the house; he stood almost against the wail; 1 stood on bis right side further from the wall and the other Italian stood near me; prisoner held the knife in his left hand and took hold of deceased with his right hand; nothing was suid after the blow was struck; deceased ran away three or four steps, and then went siower and fell; I uid not hear anybody say, “You b—a—r, you lave got u knife,” or anything like that; there were no blows struck except tne stab; when they got near the prisoner one of the three sald, “You sop of a b—h, you have beaten the woman,” and prisoner said in italian ‘1 don’t understand bim;’’ Uhe deceased shook hts flat almost under the nose of prisoner; one of them said, “Let him aloue, be is not the man; then the deceased made a movement a8 of butto his coat, put his haud in his pocket aod sard, d—n, J wil ill you (’; then prisoner wok hold of deceased and stabbed him: that w all that was said, Redirect—Q. Do you known snything about an Insiwoman having been beaten by an italian that day! Question overruied. Luigi Casella was then examined—I reside in Mul- berry street: I lived in Baxter street beiore; I lived in Mulberry street one month; I lived at No. ly Baxier street last July; | am a pedier; I know the prisoner; he came to this country ten or eleven months ago: | have known him all the time; his character is very good; | don’t kuow of his having any difficulty before. Q. Do you remember the Fourth of July? A. By God! uf ) remember it? | was in the back yard that day; I see prisoner that day; 1 see John Ryland; he want to be in a fight; about hal!-past e was in the corner of Baxter street; ne had two along with bin; of course I see those men; | see them here wit- nesses yesterday (identified Goiden and Scanian); 1 was at No. 19 when I see them; the prisoner was not with me; he was at 23, with his bands on bis breast; | see the oiher men cross the street; all three came to- gether; they were coming to the prisoner: they were cominy pretty fast; when they come ey “God d-—n, i want to tignt:’ the prisoner says “1 don’t under- siand;” two of the men did not want to let the de- fgnt because the prisoner was yptithe man that whipped the woman; they said, “Let bim go, it 1s not him;” then deceased made @ movement to take off his coat; bts companions then tried to bold him back and deceased put his band tn bis ocket, said ‘4iod d—n, I will shoot you; some one beh sald to prisoner, “Look out, he want to shoot you;”” the prisoner was standing still, aboat five feet trom the wall; he retreated towards the house when me- xamined—Deceased was on the sidewalk when he was struck with the Knife; they were nearer the houses than to the curbstone; » Peay vagy ae there with the knife in his hand or three minutes till the man went across and fell down; then the ran ee fa : ty from hin; understand some English, cannot speak any; after the crossed the street he said some bad words, usual in the English Janguage, and wanted to fight; [ did not bear anything sat ® woman; the deceased made movements in prison- the prisoner stood advance ner the other two men with deceased him away sé the prisoner was not were Laas | for; deceased then put ia pockets and then | saw the prisoner the time deceased put his hands joke some words in Engiteh Lg signified “1 will kil yous’? 1 did not obsel ¢ other liatians talking to th prisoner: I was standing a littie behind and merety the movement of the prisoner looking for knife; the prisoner was wearest to the wali and tl ig Lim; | observed the prisoner to give the blow in atabbing with his jeft band; the deceased turned a little and received the blow tn the back; the prisoner drew his knife and stabbed deceased erent A the deceased putting his hands tm his pockets; I did not see whether the deceased had a weal ‘ket. Cross-examined—At the time of the stabbing de- ceased stood on the etdewalk; the prisoner and de- ceased ‘Were Close together: they were, may be, two feet from the Soest) tee sidewalk is about four fest ve paces off when the stabbing there were 8 passing between ie Wall, on the sidewalk; the street with the de- of the stabbing er's face as if he wanted to fight; still and when he saw deceased retreated a little; tried to take the man the} which in aod then ran the was on the there nittie whits—nbout the’ Uine it hook deceased whtte—t vo crom the atreet ona fait on the other sidewaik; the deceased foll on his face and his head atruck the mdewalk, whom prwoner went away ko varried tuo SE = i the strees, ‘and then walked towards don’t know whether prisoner held fend ail ee Ome; took hold of take hi ‘ing @ knife;’* lerstand; the ner stood on the sidewalk, about two fvet from Ryland was about two paces from the street, when be was struck; after withdrawing the knife the prisoner looked at me talian said something | did not u about fifteen seconds with the knife raised; I was too scared to stop him; Ryland had spoken some words before L went over, but I don't know whoa; Ryland had his hands in his pockets as he was going away; he had his hands ip ts when he feil. Cross-examined-—I don’t know why Ryland crossed the street; he was up on the sidewalk where the prisoner was when I saw him; I the atrees because I saw by the motions between them thas vhere folly to be an argument; I Lip tw sepurate them; they were speaking cross; Ryland ing his fists; the Jtailan had his arms folded; he had one hand in his bosom. Bernard Golden recailed in rebuttal—I did not go across the street with Ryland; I was withia a yard of them when the stabbing Wing reets I didn’t see any Of these lialians there at all; | know one ef the Italians pretty well; the prisoner stood in the miditie of the sidewalk; when the deceased turned to go away with Scanlan the prisener followed him; ne was on the street about two or four steps from the sidewalk when he was stabbed; the prisoner raw away immediately. “ Cross-examined—tI did not see the Itallan stop ana look at Scanian; I kept my eyes on the prisoner; [ did uot see the witnesses who have appeared this morning at the time of the occurrence; they might have been there aud I not sce them; they were noe on Lhe spot; I did not see Scanian until he had hoid of kyland; Ryland wight have been moving his arms, but he was not shaking his fists; Idtd noe know whether there was going to be an argument; 1 was not positive that tuere was going to be a dini- culty. The witness would not answer the question whe- ther he “thought” there was going Ww ve a ditl- culty, but persisted in replying “if was mot posi- tive.”? : To the Court—I had known the deceased for about six or seven months; 1 had not been with him before that day. Z ‘This closed tue testimony, and a recess was taken for halt an nour. er the recess Mr, McCarthy proceedéd to the conciuding argument before the jury on bebalf of the prisoner, and after defining the essential points of the ditterent degrees of murder and the elements of the second and thira and fourth slaughter, claimed that murder ditfered from man- slaughter in the jact that in the former case there must be premeditated intent. The law meroul in the latter case, and says that ber Passion and some provocation there could not be latent. He that Ryland bad been drinking fithougi wholly unucquainted with him : ugh Wi unacq witl nously. Counsel believed thas the court would. tustruot ti jury that the case was one of manslaughter in the fourth degree, or excusable homicide. At haif-past tree o'clock District Attorney Garvin began the closing address for the prosecution, and argued turoughout earnestly for a conviction for murder in the first degree, Mr. Movarthy then submutted twelve propositions, with @ request that the court would chargefthem w the jury, and ten of them were allowed as correct and prover. Two only were disallowed and one of eae the court offered to charge with u slight modi- Judge Burnard tne ¢ staryed the ge Barna en cl u as followa:— On the 4th of July of tast year Jou Tylana came to his death by being stabbed by a person who has been placed on his trial here gaido, so that in a short time after such stabbing he died, The proper authorities having examined the case came to where there was no justification for {t, and that it Was one for which the deteudant should be held re- sponsible for the that if any occurred it was of a penoeable and ponaracnte, and one that was not caicul to @ breach of the peace REBES Fy eee | ite fF a s H ‘ind happened. If there had eng hE between these neu as far as words were concern ed; ff Ryland and the prisoner met on the sidewalk and they bad a conversation together ler, or he had shaken his fet at him rade of Kyland was on the potot of taking him away and the affray had ceased and closed,cand while he Was golng away the defendant took # suMcient Jength of time to form a tated design and kil him, that is nutder—for an intent can be formed on the instant. The words “lying in wait” or Inahee aforethought” do not mean that the intent suould be for for years, or months, or days, or hours before, It ta suMecient if with the intent w take @ man’s life, without any excase or cause or rovocation, you form it intent one minute be- fore the commission of @ fatal act; th nates that as murder. in rd, these different dednitions the Revised statutes pro- vide that every person who, (rom a premeditated design to effect the death of a human being, stall kul hin ts guilty of murder unless it is oxousebie or justifiable homicide. The I, lature within the tast ve or six years, com , a8 It has been, princi pally of lawyers from the country and others who, trom Interested motives or for the purpose of pro- ing chenta who may be on trial, fave succeeded in ae through the Legisiature different acts and sabdivisions of acts oe different degrees of Punishment, #o that it is almost present to charge you on the difference between murder in the frat a and manslaughter in the fitst degree, But shall enn as | have done in many cases tn the last ie or sit