The New York Herald Newspaper, March 3, 1869, Page 5

NEW YORK CITY. T0E corr. UNITED STATES CIRCUIT COUMT—iN ADMIRALTY. ‘The Admiralty Calendar. Before Judge Blatchiord, Ab the opening.of the Court yesterday morning the ours caicndar was calied, the dirst case beg A Collision Case—MMotion to Postpouc. Daniel Gigord vs, The Seamer Maiia.—This was au aciion arising from a collision at sea, between the steamer Maita aud the schooner Emily Giford, luvolving damages to the extent ofsome $5,000. ‘The case being calle. irom the calendar, Mr, Lord, counsel for the claimants, applied for a postpoue- ment of the trial tu the absence of witnesses, WRO are at preseas serving 1a tue Alediterraneaa, Mr. Oweu, lor tue libellants, urged we ummediate tial of the’ cause, on ie groand tnat the case had been pending Jor & cousiueravie icnglh OL Lime, since August, 1:67; that since the cause of action the wituess Lad been more wan once or twice in this port, and that couusei tor Lie ciaimants hud com- Mitied @ laches 1 not taking the wstimony ot bis ‘Witnesses, that disentitied iim to the consideration of the Court. The Court said that in all admiraity cases it was pighly Unportant tha: testunony of Wituesses su0uld be en as prowptly us possible, wile tie circum- Slances were Ireal on the winds of the witnesses to apy occurrence that might be the ground of an action, aud While tue Wiluesses LieuiSci Ves (Bealen) cap be icund aud beid ior that purpose, Counsel for the claimunis having failed ta taking the testi- mony of uis wituesses Wien he could have done’so, bad committed a yross iavues, and the excuses now Put forward by him ia support of bis appiicauon (or Postponement Was not ove that the Court could accept, 1t 18 very seldom that & counsel with 80 frivoious an excuse 13 80 peruivacious im urging it, ‘There is not the slightest shadow of an excuse, or pretence of a legal ground, lor postpoving the trial, Mr. Owen consenting, tie Court posiponed whe hearing of the case til puturday. Collision Between the Schooner Transit and the Pilot Boat A. T. Stewart. Daniel C, Chapinan et al. vs. the Schooner Tran- 8tt.—Tue action in this case arises from a collision between the schooner ‘lransit and the pilot boat A, ‘4. Stewart. The allegation and answer present the following circumstances attending the collision. The fibellants compiain that in the regular pursuit of their business the said pilot boat was lying hove to about twenty miles east of Cape May lightship on the morning of the 22d of May last, the wind blowing @¢ the time fresh trom the. northwest. the boat head. tog up about north, with @ good and carefui lookout Biwtuoued and the usual waicu, while lying on deck; that a little aiter sunrise the watch on deck saw the schooner ‘iransit comiug towards ‘the boat with @ free fur wiud, her course avout southwest by south; that when the schooner had approached very near to the pilot boat jand withm a lew lengths, she suddeniy Juiied and came 1uto and against the said pilot boat, striking her on the starbvard bow, carrying away her bowsprit ana Lecigarecae the latter falling on deck and then dragged over! 'd, cutting through the bulwarks pearly to the water's edge, cutt away waterways, deck beams, plank buiwarks an stauchions, carr; away rigging, iron work, sail and saving Mm press ‘and ovherwise seri- ously breaking, 81 and injuring the said pilot training Doat; that ne collision ecourred. 1n tue. open sea in open daylight, with no surrounding object to ob- struct a View of the pilot boat, and that sald collision ‘Was the result of the carelessness and negligence of the people on board the scnooner, and that the dam- sagt, root ved and the loss of time amounted to $0, ‘The clamants answer, that the Transit was on the morning in question, while on ber voyage, well Manned, appareiied, &c., with a competent man on tue lookout, aud the master at the wheel, The pilot boat was seen @ considerable time before the colli- sion. She bore avout two and a half points on the Tee bow oi the schooner, and was apparently stan ing for her, and ws the two vesseis 4) it was apparently the purpose of the pilot boat to come up unuer the lee ol the schvoner and speak her, Whereupon the scuooner, as it was proper to do, Kept on her course to ailow the pilot i to come up to her. That itis the usual custom for merchant vesseis to keep on their course when making a pilot bout, and to take measures to get away irom her if she 1s approxching, but to leave the boat the choice of cvmiug ciose or farther off; with that view and in accordance with that custom the schooner kept on her course. As soon as it appeared that there was any danger of a collision the rudder of the schoouer was at once put hard up and was made to avoid the collision on the that the collision was ; sr seasness on the part of the pilot boat in pot keeping @ proper lookout, &c., and deny any liability to the live, ants io the premises, Case aul on. SUPREME COURT—CIRCUIT. The Rende-Sweetzer Libel Suit—Closing of the Testimony for the Piaintif—A Motion for Nonsult—The Rights of Authors and of Critice—Opening of the Defence. Before Judge Cierke. Onarles Reade vs. Uharles H. Sweetzer and Others.—The trial of this case was resumed and Joun Ross, an employé of the printers, and Mr. 8. W. Green, one of the firm of the printers of the Round Table, were placed on the stand to show that the article came regularly from the editors. Mr. Green gave the circulation of the Round Table at 3,726. Henry D. Palmer was called and testified that he had been in England in 1865 and 1866; he was ac quainted with Mr. Reade and visited him while in England; Mr. Reade was then engaged on “Grimth Gaunt”; he (witness) sew some of the manuscript; he ‘was asked by Mr. Reade to offer the work to Messrs. Ticknor & Fields, and did 80; he heard from those geutlemen that they had accepted the propoaition of ur. Keade directly. ‘On cross-exaumination, he testified that his offer to Messrs. Ticknor & Fields was made before he saw te Wanuscript, The plarniur then rested. ur. Sewell moved to . Gerry cure copies o1 the “she Court strack out the testimony, Mr. Dimock then moved to dismiss the complaint Reade bad chosen to sue, not nal injuries. pee eee Bet Sy hi te tn emi sear erste eens oe were to ni Sault tor damages to the book, then the pe for JA. ust establish special damage. in iorm slander or libel, were really case, Was an exaggerated ret it was there held veiled out of criticism author as connected with attack on the auihor a8 & man, relations, he was not Itable, w! true or fa.se, unless malice be no malice can be presumed frou its faisity even. no privilege. ‘The cover ouses of hoi @ case reported In 16 Siar a ret iret ty os any cuse H w Was presumed, but where from the @ wortny purpose might miahce must be proved. Uniess these criticisms went beyond the book and the plaint:d, as connected with tue book, Intoan attack Ou Mr. Reade personally, the case must fall, for there was no extraneous proof of matice, It was tor the Court to decide whether the Cecasion of writ which makes a “privileged comiunication,” arisen. It is then for the Court to determine whether there is pois 3 af fe Hi 5, i 5 i fi i i : s = s proof of malice, end if there is none to dismiss complaint. Mr. Justice without requiring an answer 3 tion that a8 he sues in his representative capacity and Was not recognized as an author by the laws of the country he had no here was untenable. thelr reponse. “Rent sever, omit brought Bonaparte, the short peace of Amiens, against @ London publisher, The Copy- t law had no to define the status of ery fen) ‘her tos corepiate only. J show that Mr. Heade set up to hinseelt por. coat bas, should his vocuarhe til bis charge to the jury. Mr. Robert the case for the defend- ants. Heer ee or ue cuarges in form of the plead. ings in this case, claiming that the plainti? had bandoned the claim for personal injuries and to maintain his action for his injuries as an In order to raise a law point and not to inst vhia jusdy celebrated ected author, prodace any Pea revel ‘writer, they him an Haglish sahject. Ar, Sewell reviewed at some length the taw of bel, ng that this Was @ priviloged communication | they shoald 80 SuOW, and tuen the articles would | bo stripped of ail ihe common luw inferences of | maiice aud damage. Poth must be Lhe stat Of thie Guso Ww wi, tue f Ue dee io ALLO woud saith ¢ NEW YORK HERALD, WEDNESDAY, MARCH 3, 1869.—TRIPLE SHEKT. fendants 1n these criticisms. If they honestly aud faiciy believed this book was @ bad book, they were justified and the jury muséso find but they shouid Show thal UUs Was 8 privileged communication, One iact would clearly show. Both the publishers of the Ai and Aflaniw had sent them the pablication with sequent, “Please notice,” Such @ request, aside from the press liberty, brought if within the rue of “privileged communications.” 'T! should show thai none of these defendants had any personal dislike or malice to Mr. Reade, but, on the contrary, had a great admuation for him, No damage was shown, uo lessening of the sale of the book. They aiready had the {uci of a sale of 75,000 of the book, aud anotier publisher had sold 60,000 of an ex- purguied edition, Mr, rewell spoke of the letter subsequently written by Mr, Reade (the “frurient Prade” letter) and claimed that the criticisms bad been sought, knowing that they must be adverse, aud the letter written to increase and stimulate the sale of the oook, the letter having been oe back tii the book was Seedy to be launched book form, Mr. Keade, doing his business as an author in London, asked @ “ag 4,000 mniles away to protect him in ius oceupation, Mr, Laird might as well bring & sult for criticisms on the Alabama, or the wie growers of Cadiz for criticisms: on Cadiz wines, ‘they should give evidence to show that the book wus in part plagiarized, one being almost entirely takensfrom a book State triais, They should show that the Evening Post coincidea in their views, Mr. Sewell concluded his 0} ig with an eloquent appeal to the jury for the lil of the Tess. BI ‘the testimony of the defendant was commenced by reading Mr, Sweetzer’s testimony to, the effect that he haa been informed by one of the editors of the Sunday Mercury that “Grittith Gaunt” bad been otfered to thein and had been rejected because they dared not publish it, An article in the Evening Post of the 26th of Jane was oifered in mitigation of damages, and, afer some discussion, ruled out. Wukte Coliins’ siory, included in the “Queen of Hearts,” called “Brother GriMth’s Story,” was offered in evidence to show that the plot of “Grif fith Gaunt” was plagiarized from it, but was ruled out. “Grimth Gaunt,” the book, was put in evidence. Charlies Keade’s story, “The Kighth Command- ment,” was offered in evidence to show that Mr. Keaue had no rule of morals in taking the plots of other authors for his own use, and that his principle was “equity of spoliation,” and to show that r. Reade’s reputation for originality was already tar- nished, Tue Cour overruled tue offer, holding that the libel did not er piracy on Mr. Keade. Mr. Sewell urged mitigation of damages that these books should be admitred as admiasiofis by Mr. Reade that his character of creative artist, for the injury to which he complained, was not so high as he claimed. Mr. Gerry argaed that this attack was utterly in- consistent with the defence, ‘Mr. Justice Clerke said nothing was more common than for authors to borrow their plots from other, and especiaily foreign authors. peare himself had thus taken the pine of his plays from stories @ course Was not considered dishonarable. Plaigarism was the taking bodily without acknowledgment portions of o her person's writing. If they could show Mr. Reade bad done 80 they might introduce the proof. After some further diacussion the defendant was Permitted to put in the book and read from pages 219 and 65, to show Mr. Reade’s opinion of the im- portance of plot, and other pages to show that he See having taken plots from other sources than own. Mr. Whitney offered in evidence a part of one of Howell’s State Trials to show that the lawyer's speech in chapter { ‘yi es “Grifmith Gaunt,” was bodily taken from it. ‘was ruled out a8 pl if any was subsequent to the libels. Whitney then offered “The Prurient Prude” letter published in October, ctering it as an admis, ston of Mr. Reade, that his novel was not Mt for young Judge Clerke admitted the whole that profession f y by authors of others to aid them 1s not unt accustom prevailed from the time of Shakspeare down. Shaks) himself; so did Beaumont and Fletcher. ‘aid to have been so aided. Damas also; and Mr. Anthony Trollope is said to have part of his works written in this way. Crogs-examined—-Mr. White had been @ contribu- tor tothe Atlantic Monthly prior to 1866, not since; this book is one of the best works of Mr. Reade; there ie none aa 8 literary work atands higher; ‘witness had never heard any other opinion of it in the literary wo rid. Q Whatis Mrs. Henry Wood's character in the literary world? ‘This question raised a long discussion, at the close PE Ry Pig Ny EG Mr. Gi 3 . Gerty and Mr. for w ’ jallatin, Mr. E. T. pPlaintit. Mr. Whitney, Mr. Dimock and Mr. Robert Lowell for the defe a H 1 se fi ze i i i ie Efe aflss genie i H i eeeeett | F ij es fi H } é int : E if L a tee ge E Es’ penalties, and that the mere increase of amount or nominal limit made no difference. ‘The Court reserved its decision. Decisions. Judge Sutherland rendered judgment in the fol- Jowing cases yesterday morning:— Levendge et al. v8, Johnson et al.—There must be © Powell vs. Forde.—Order granted. Keegan vs. Papers not sufficient. Bingham Executor, v3, Disbroe.. memoran- Motion denied. Church os. Church et al—Motion granted in part 2. SUPREME COUNT—TRAL TERR—PART | fhe Action for Malicious Prosecution. Before Judge Barbour. Léteon vs, Carrit.—The hearing of this case was resumed yesterday morning. As already stated the Gefendant some time since obtained an order of arrest against plaintif®. That order, however, was Plaintiff now claimed that wet ecearsyens iat. eet oa cious damages being fixed at $5,000. The a ndan' Before Judge Fithian. defendant's despatch, but which were not delivered it. Tt that in the month of ‘as per agreement ssa 1964, plain were by on two suite defendant, and sold to one Wi in Plaintifl now sues for the value Weekes uaa altel tat hoe spi 01 in ppt fact, brought without known reason hi and, accordingly, “ne answers bad tut, Topping & been filed, plain Dean; for defendant, Ira Shaffer and 0. Seward. ‘The case Was not concinded. COUNT OF COMMON PLEAS—TRIAL TERM. Wall Street Operations. Before Judge Brady. Emerson @ Smith os, Depew.—The plaintiffs were stock and commission brokers, carrying on business in this city, and alleged that on the 17th of January, 1867, they purchased, at the request and risk of de- fendant, 100 shares of the capital stock of the New York Central Ratiroad Company, the price of which amounted to $11,112 60. On the 20th of January the ee J sold the ghares for txe sum of ee ie here were several Other transactions wok p be- of @ sinaller character. 10s entitied to one-eighth of one per cent for bey | said purchases and sales, in all amount ing to $870. The defendant denied that the plain- tis sold the stock ty question with bis authority, au! Submitted that he lost $1,489 by the transactions, ‘The defendant set up a counter-claim of $3,500, which became due to hii, as be alleged by p:atntitts Omitting to sell 60) shares of the Cleveland and Pitts- burg way Company stock upon his directions. For plainuir, Martin & Suuth ; for defendant, R. Townsend, ‘Verdict for the plaintiff in the full amount claimed. COURT OF GENERAL SESSIONS. Before Judge Bedford. Assistant District Attorney Tweed appeared for the prosecution. John Newell, who was indicted for a felonious as- sault and batiery upon Jacob Beckenstos on the 20 of February, by pointing # pistol at him, pleaded guilty to an assault with intent to do bodily harm. ‘The complainant interce4ed for the accused, and as there were mitigating circumstances his Honor sus- pended judgment, with the caution that if he was ever arrested hewould be sent to the State Prisoa. BURGLARY, Joseph McGovern and Wililam Brown pleaded guilty to burglary in the second » the indict ment ing tt on the 22d of Feuruary they entered the dwelling house of Joseph Steger, No, 24 fees street. oe ee ov wnaleny cloth ‘and jewelry, most of which was recove! ng ane er aaza: im passing sentence, said that Mc- Govern was an ex-convict, and that, as birds of a teather flock to; , It was reasonable to conclude that Brown did not @ good reputation. McGovern was sent to the State Prisonor ulne years and Brown to the same institution for a period of seven years. GRAND LARCENY, Edward Sullivan, aitas “Piggy” Brown, alias “Jim” Meehan, pleaded lity vo grand larceny. He was charged with stealing thirty-seven dollars’ worth of liquors, on the 5th of January, from the store of John Baker, No, 359 Madison street. The City Judge observed that the prisoner belonged to a gang of ru™Mans who garroted people at night, He was sent to the State Prison for foar years and six m ROBBERY. John Caldon was placed on trial, charged with being associated with three young men in attempt ing to rob Michael J. Sweeny, on the evening of the of February, a8 he was passing ‘Oat alley,” in Water street. The complainant was assaulted by an unknown man, whereupon the pscee ran his hand through a bag of tour which weeny was carying. The Jury rendered a verdict of ty of assault with intent to rob, Judge Bed- fol that although the prisoner was young in years he was old in crime, being a member of a gang Of thieves who infest ‘‘Cat alley,” for the purpose of robbing people, His Honor remarked that he was going to make an. example of every person legiti- mately convicted. He sent Caldon to the State prison for five years, that being the highest penalty. AN ACQUITTAL, Max Brak, who was i with stealing sixty dollars from Herman Friedman, at No, 435 East Ninth street, on the Sth of January, was acquitted, E The le we Hillse Peco nomiiaices gap oe lins, cari a ; ustus Adshead, big- amy; Jolin "Eenold, feionesus seeadlt and battery; James attempt at burglary; Jobn Spencer, obtal egg e's pretences; John eguade, grand larceny; Hannah Irwin, feloneous assault an very; ‘Samuel Lente es Daniel McCormick, Charles Norman, George Smith, grand larceny. FIRST DISTRICT CIVIL CQUAT. Opinion Interesting to the Coffee Trade. Before Judge Quinn. Cantlin vs, Kane.—In this case, the particulats of which were given in the HERALD a few days ago, Judge Quinn delivered the following opinion, which ‘will be found of interest to the coffee trade generally, as well as brokers and speculators in that article:— neat i i 1 a i E i 5S a 4 ei ie Hie pete § tz # H : i 4 H i § Fit & a ; i * i ee ag Ee 3 Ee axe i z cht i | F ‘ nf 5 5 E ; z 5 BF F H i 5E ! i Hy Bi ii 5 i 2. ae = £ i A § : i P Hy 4 53 is i it i ; i a; Bs | i fs t te at i : Ht ay 8) 5 5 F iG E i dl Hy ll : Hy t E i Hd i Ee TH | | He Hl i i iG e h z : a ad eta eH ib igitr xi 28eF3 B a i i i | i ! ali i alli i tt mT Fy i i i : ! i E at i i i 2g i i ge i Hu F f John R. Wigham, convicted in the United States Circuit Court of this district in July, 1867, of embez- ziing letters from the Post Office and sentenced to ten omy imprisonment in the All has been pardoned by the President. Marshal Murray y morning order {or the reicase of Wigham. CITY INTELLIGENCE. Penitentiary, United States ed the ‘Tar Weatnen YSSTERDAY.—The following record Tar New Srock EXcHANGE.—The directors of the National Stock Exchange held a secret meeting yes- pron ope ape Say ae street, at which, it is understood, business was acted, though of what nature it is impossible to Mr. Beran ON a TouR OF IxsPRCTION.—Mr. Bergh, President of the Society for the Prevention of Cruelty to Antmais, mage a tour of the different city railroad routes yesterday morning, and offic! in- oe several driver that beth pgm oo} "7 0 force horses nppery, witha car, it persisted ia oun be, attended wi some pee discomfort to themselves. He will continue inapections throughout the week. FIRB IN A PUBLIC ScHOOL.—A few minutes past one o'clock yesterday afternoon a fire was discovered in the public school No. 27, on East Forty-second street, near Third avenue. The fire was caused by 8 defective and was soon put out, with a small a ee oe a ¢ prom a efficient exer- tions of the and teachers the children building without any acci- FATAL BLASTING CasvALTY.—James Carroll, forty years of age and a native of Ireland, died yesterday condita 's Hopital from the effects of injurtes re- on Saturday last tu loa oP ar coe Ma a ae way, was notified and will hold an inquest on to-day. Deveased lived at Fiftieth street ih avenue, where he has and left a widow and five children. ATTEMPT TO SHOOT A Can ConnuCTOR.—Between eix and seven o'clock yesterday morning a man giv- ‘tng his name as Flynn, while riding on car No. 123 ta musta evens tite; Wenn po: @isorderty that Charles W. Genet, the Was obliged to put him off, While dolng so Fiyan draw a revolver and attem) to shoot OMoer Dalbeck, of the ‘Twenty-first ‘who was near the car, arrested ped hd the Yorkville Police Court, where he waa committed jor trial in default of $500 Faranty CRUSHED Baerween Cans.—Coroner Keenan yesterday held an tuquest at No, 132 Baxter street on the body of Martin Golden, whose death resulted from injuries received by being crushed between two cars at the New Haven Railroad depot, corner of Franklin and Elm streets, on Mon- day last, The testimony showed fuat the company were not sufficiently careful ot the itves of their em- plo)és while engaged bacaing cara into the depot and coupling them. In their verdict the jury “cen- gure the New Haven Railroad Company for not fur- sianinal paper, weans of protection to the employcs and others who remove cars in their depot,' e- eens who had moon seveee Stee ine ammpley of e company, was 1 ears age a native of ireland. - SEVENTH ANNUAL COMMENCEMENT OF BELLEVUE HosritaL MegpicaL CouLecz.—The Academy, of Music was thronged last evening with a cultured and appreciative audience of ladies and gentiemen, attending the seventh annual ct of the Bellevue Hosp tal Medical Coliege. The order of exercises consisted of music by a grand orchestra under the direction of Mr. Carl Bergmann; conferrin; of degrees by Proteasor J. E. Taylor, M. D., Presiden' of the Faculty; address to the graduates by the Rev. Alexander R. Thompson, D. D., and the valedictory, by Walter S. Thorne, M, D., of the grad ciaas, exercises were introduced witn prayer by the Rev. Dr. A. R. Thompson. Professor Taylor then conferred degrees on the graduating class of 124 members from twenty-four States, two from District of Columbia, eleven from Canada and the Provinces. The addreas to the graduates by the Rev. Dr. Thompson was Soqpent and comprehen- sive and was received with close attention and fre- quent applause. The val deserves especial commendation for the pract review of coilege experience and the inspiriting thoughts and sugges- tloms conveyed to the graduaies by the speaker. VESSEL OWNERS AND CAPTAINS’ ASSOCIATION.— ‘The second meeting of this socicty was held at Nos. 50 and 52 Pine street yesterday afternoon, Mr. H. A. Van Brunt in the chair. The secretary having read the mibutes of the last meeting, some unimportant business was discussed respecting the printing, &c., of the certificates of membership, é&c. After which communications were read from @ similar institu. tion in Philadelphia congratulatiug this association on its formation and offering, 1ts co-operation. Mr. Barnes’ letter from Washington offering aid tp get & memorial presented to on various ances was laid aside for further considera- tion, A letter was also read from Captain Duncan on @ seamen’s instituuion he is foi » asking the endorsement of the Board on same. A motion was alterwards made by Mr. Sargent that a memorial be prepared for presentation to Congress on the unjust and illegal charges captains and owners have now to submit to, Which was adopted unanimously. A committee was formed to go to Albany to protest against any laws as regard Saudy Hook and Hell Gate pilots being changed, as It 1s underatood that a number of pliots are now fp Albany endeavoring to got the repeal ofa clause in the above act, which would obiige vessels passing Hell Gate to pay at least oe pulotage, whether taking the pilot on board or nol THE Limk BURNING ESTABLISHMENTS.—With a view of relieving the city of what their inspeccors reported a noted nuisance detrimental to the health of the public, the Board of Health on the 8th of De- cember last issued a special order to Patrick Matone, the proprietor of the lime bur establishment on West Twelfth street, instructing him to discontinue the manufacture of Mme from oyster shells, and not to renew it without @ special permit from the Board. Mr. Malone, through counsel, asked for the ap- pomtment of a referee, to enable him to show cause ‘Why the order should not be rescinded. ‘The investi- gation came on before Seth ©. Hawley on the 23d of January, and evidence has in from time tw time, at A number of persons li igh testified that the burning of lime was not injurious to nealth; but the chemicat evidence showed that huge volumes of noxious vapor—carbonic acid iphuretted be Ii vert daily they jounced @-nuisance that should not be tolerated foraday. The hearing was set for next Saturday. dent Cuban ladies of the city of New York ts rapidly growing in favor, and the hopes and aspirations of the Junta are, in their minds, already realized. The ladies are fectly enthusiastic not only in their love for native isle but in the belief before many months roll round the State of Cuba will throw one more star into the in he material with rich white floss—tne labor of » The Junta met le are Tus New York Hisroricat Society.—.The regular monthly meeting of this society was held last even- ing at the library, corner Eleventh street and Second avenue. In the absence of both the president and jurors of the International Exhi! transmitted to the society through partment. umber mI received since the last mon! them a Vetin eanay sore a, uaa am in Philadelphia in collection of the of the meeting David T, Valentine, old and the society, was announced entered on the journal. PROBABLE HOMICIDE, A Case of Jealousy Between Colored People— Poole, her dusky lover. Poole ts a good-looking man very fond of dress and fast company, and so was Kate; but be did not wish her to enjoy the same kind of society that was entertaining to him, lest she should be fancied by other darkies and eventually leave him. While she was in bed at half-past four o'clock yes- terday morning Poole entered Kate’s room and ‘struck her on the head with an axe and afterwaras fractured her left arm with a stone which he by some acquaintances, who informed the Fifth pre- it police and 4 conveyed her to the h ital Solow will be found her statement. on STATRMENT OF CATHARINE CARTER. ‘West Broad: Ihave been living at 168 +1 was married to Enoch Carter; he went to the war, and I have not heard from him for the four years; during that time | have been cohabi ith James ears repeatedly Poole; he has ort the past four ‘assauited me, and I have been on the Island on three was there for six months; because Fata 1 yu an ean id left. “he the conelasion case Was submitted to the jury, who rendered the fol- i VeRpIct. ‘That Catharine Carter came to her wounding at the hunds of James Poole on the 24 day oi ‘arch, 1869, at No. 158 Weat Broadway, ‘There 19 & possibility that she may recover, but at aa her condition is reporved as being very orit- cal, Captain Petty and detective Field, of the Fifth pre- cinet, are in pursuit of Poole. TAZ 1MiEVES OF KEW YORK. How They and Their Alleged Allien Treat Witnesses Against Them. Enos Lathrop, of No, 316 West Seventeenth street, appeared before Justice Dudge at the Jefferson Mar- ket Police Court yesterday morning and preferred charges of assault and battery of a grievous nature against his sister-in-law, Ann J. Shaw. Accompany- ing the parties was officer Coles, of the Twentletk pre- cinet, who also had in custody Lathrop's wife, Mary J. Lathrop, against whom he hada similar complaint to make. in addition to that of interfering with him in the discharge of his duties, From inquiries submitted to Lathrop it was ascer- talned that he had been very badly used recently by certain of the allies of an alleged thief—one Gaff- ney—who has been styled tne ‘Accomplished Bur- gar,” now in the Tombs on the charge of burglary and jail breaking. His tribulations began Monday afternoon, when, by directions of officers in the case, he repatred to the Court of General Sessions to sub- mit his testimony against Gaffney. Ascertaining parr sarter not be up for trial during the left the court room foi had favaly gained the street ia bes mae auiecked, bya @ band of ruiians, alleged friends of Gatf- ney, who assauiied him in the most vio- lent manner, but fortunately he escaped from them before he was badly maimed. Reaching the corner of Thirty-fifth street and Eighth avenue, met Miss Shaw, sister of his wife, the latter, of whom, as (he story runs, left him some time since and accepted as her lord and master the alleged burgiar and jail breaker, Gatfuey. This amiable womau was armed with a huge stick, and without a word passing between them she dealt him several terrific blows about the head and back. This assault, wich the dose administered to lim Within the shadow of the Tombs, so exhausted eee he was unable to take his own part. At this Juneture officer Cole, who saw tue assault, hastened to the scene, but Ann, discerning his bright buttons and catching at his wea of her arrest, quickly ran to her residence near by and took refuse in aroom atthe top of the house, The officer tol- Jowed, and here fora moment he met his match. Mrs. Lathrop, her sister, stood at the top of a steep Maght of s1 and with the bludgeon Aun had just ed, ready to defend the pass to her aister’s used, st hiding place, A3 the officer persisted in bis design of her arrest she suddenly dealt iim a severe biow over the head that sent him ro!ling to the next land- ing. But her victory was only a epemny bee quickly recovering tilmself, the officer again hastens up stairs and quickly secured both of the infuriated women, when they were taken to the station house and locked up. Upon these charges the court com- mitted them for examination. Lathrop attributes his rather murderous treat- ment, both at the Tombs and at the hands ot his sister-in-law, to the fact stimply that he knows some- thing of the operations of Gaffney and his willing- ness to testify thereto. BURGLARY IN WASHINGTON STREET. As officer Fehrenty, of the Twenty-elghth precinct, was patrolling his post on Washington street yester- day morning he was accosted by a boy, afterwards ascertained to be John Howards, who hurriedly in- formed him that the dwelling house of George Moore, No, 509 that street, had been broken into, rob- bed and four thieves had just Jeft the premises, and, continued he, “there goes one of them not,” point- ing to a man walking rapidly away from them. The officer quickly followed the retreating individual, and soon him arrested aud took him to the tion house. Here he gave his name as James C. Kelley, and was found to have in his possession a frock coat, evidently not his Steléton Keys "of “the “Kind used” by burglars. o ing to the house of Mr. Moore xe once, the officer found that the front door had been broken yea a Bnei Se a from. cme eacekved ‘occu! 0) consisting of frock coats and one, artic! et les of men's wearing apparel, silver spoons, silver butter knives, pocket knives and relry, amounting to over $200, lad been carried ‘away. Soon after, the How: @ bright and in- telligent — employed by Mr. Moore, picked wu near the dwelling part of the clothing and some the jewelry stolen, which the thieves had thrown way in their flight. Taking with him the “jimmy” in bi open tie door, found in tne which — th and the was itive that he was the oue of the four he saw lea’ kK pre! whom escaped. Later in the Ln eg was ed at the Jefferson Market Police Court bef justice complaint of bi him. acct who isa ne maniy looki G the least semblance of a villian in his countenance, formal he waa thirty-three Ireland, @ printer by occupa- rtd H g BE H E 4 i 3 & 5° i £ : z z H if Bil cs g A E i ut z 4 : 53 i 2 g H | Tt WESTERN RalLwar— ex MARRIAGES AND DEATHS. Married. Honday, Fe 22, bruary Lawis W. Méab, of Rich- mond, Va., to JoLieT M., of the late Kd- ward Worden, of this cit ity. TULLMAN—D1xoN.—On Tnesday, March 2, at the the eo by the Rev. Henry Ward Beecher, SamusL D. TILLMAN, of New York, to — Frances H., daughter of Joseph Dixon, of jerse; . Voor TEFFEL.—On Saturday, February 27, by the Rev. Dr. Standtemayer, at the residence of the bride’s parents, Mr. ‘TueopORR Voter to CLaRa, youngest daughter of Augustus Rueffel, M. D. ALTHAUSE.—Suddenly, on Monday morning, March 1, Cannie, daughter of 8. Birdsall and curistiana oe Althause, aged 8 years and 4 montis, ‘The relatives and friends of the family are respect- fally Invited to attend the funeral, from the resi- dence of her parents, Seventy-ninth street, first Thursday mornt ‘= house east of Second avenue, on ing, at eleven o'clock. " BaL1t.—At the Everett House, on Tuesday, March 9, JouN G. BALL, in the 40th year of his age. His friends and the members of Syivan Grove Lodge, No, 275, F. and A. ¥i., and Corint/uan Chapter, No. 150, R. A. M., are requested to attend his funeral, from the Everett House, ou Thursday morning, at seven o'clock. The remains will be taken to Deer. *iidessot iowtta papers Pie Dy. 1M a please copy. Bennert.—On tevoday, March 2, Vrcrorta, infant iter of George and Victoria Bennett. ‘The friends of the family are respectfully invited to attend the funeral service, at the residence of her parents, 778 Washington street, on Thursday after- noon, at two o'clock, without further notice. Briges.—At White Plains, on Tuesday, March 2, Mrs, MARY Faaee ee of the late Benjamin Bry in the Sist year of her age. ( services at the residence of Mra. R. B. Searles, on Thursday afte: noon, at one o'clock. Byinatox.—On Monday, March 1, CORNELIA By- trator, in the i7th year of her age. ‘The relatives ancl friends of the family are fully invited to attend the faneral. trum her daugh- ter’s residence (Mrs, Messerve), 36 Sheriff street, on Tuursday afternoon, at one o'clock, CARMAN.—At Soath Haven, L.1., on a February 27, SAMUSL CARMAN, In the 818t year of 74 The friends of the family are invited to attend the funeral, from his late lence, t 11s (Wednesday) af- ternoon, at two o'clock. CAVA Ty Monday, March 1, Neau Cava. NAGH, fg years. ‘The reiatives and friends are invited to attend the funeral, at his late residence, No, 121 Spring am, this (Wednesday) afternoon, at two o’c! without farther notice. CLARK.—On Tuesday, March 2, after a short and ainful Lines’, MAHLON, eldest son of Jacob B. and sImtna Clark, aged 37 years, &.inonths and 2 days. ahe reiauves and frrends of the deceased are re- @pectfully tiny to attend the funeral, ou Phare. day aiternoon, at one o clock, irom the reaience aT his parcata, 161 Seventh street. DovLas.—As Irvington, on the Ladson, on Sud- o Sos day, February 23, at the re- idence of her son-in-law, George Merritt, Baq., Ars. ANN DOvsLaB, wile of the late Alanson Douglas, 2s4., of Soy, N.'Y., tm her year, ‘The relatives and friends of the amily are respect- fully invited to attend the ‘uveral services, at St. Barniba’s chureh, Irvington, this (Wednesday) mora- ‘mg, at ball-past ten o’clock. Tue remains will be taxen to Troy for interment. De WoLr.—On Tuesday, M: Mrs. Many De larch WoLr, native of Amsterdaim, Holland, aged 83 Relatives and friends of ‘her son, Moses De Wall, are requested to attend the faneral, from her late residence, 43 Canal street, this (Wednesday) morn- Ee ten o'clock. LAHERTY.—On Monday, March 1, at half-past He cog of congestion of tue lungs, BRIDesT Lal 2 ‘The tuneral will take place this (Wednesday) after- noon, at three o’clock at Sing Sing. GoLpEN.—Suddenly, on Monday, March I, MARTIN Gavnane Bate of beeper parizh of Temple- » COUDTY ireland, aged 53 ycars. "Fhe friends of the family, and ticks of his brother, Michael Golden, are fully invited to attend the funeral, trom his residence, No, 122 Baxter street, without further notice, HANEKAMP.—On Sunday, February 28, suddenly, Joun G. HaNNKAMP, in the 46th year of his age. ‘The relatives and friends of the fainily are respect- fully invited to attend the funeral. tis (Wednesday) afternoon, at one o'clock, from his late residence, 227 Benepe crip : ry 108 papers please copy. RiLL.—Un , February 23, after a long ill- ness, JAMES EDWARD HIL1, @ native of vublin, in the 42d year of his age, ‘The relatives and friends of the famtty are respect- fally inv.ted co attend the funerai, irom his late resi- dence, 213 West ‘Iwentieth sixect, this (Wednesday) afvernoon, at two o'clock, New Orleans and Dubiin papers please copy. HOYLAND.—On Mot ~ March 1, WILLIAM H., eldest son of Wm. H. and Elien Hoyiand, in the 16th year of lis age. ‘The friends and relatives of tue family are respect- Tully invited to attend the funeral, this (Wednesday) aiternoon, at one o’ciock, froin the residence of parents, 1324 street, between Fifth and Sixth avenues, Hurp.—Ag his residence, 18 Henry streét, Brook- lyn, on Monday, March 1, Frepeeick W. Hor, M. D., in the Sith year of nis age. ‘The relatives and friends of the family, also the medical faculty of New Yord and Brooklyn, are in- vited to attend the tuners, from St. Ann's (Ej copal) church, Washington sirest, Brooklyn, (Wednesday) afternoon, at turee o'clock, HUTCHINSON.—In Brooklyn, on Sauday, Febraary 28, EpITH CLarR, daughter of Johu W. and Gertrude A. Hutchinson, aged 2 years and + months. Funera! from the residence of J. B. Hutchinson, St. Mark’s piace, near New } ork avenue, this (Wednes- day) afternoon, at two o'clock. HYNDSHAW.—At Morristown, N. J., on Tuesday, March 2, of pneumonia, Sopuia A., wife of Rev. Janes B. Hyndshaw an’ only dauciiter of the late Colonel Joseph Cutler, in the \6tl year of her age. ‘The relauves and friends of tue (amily are invited to attend the funeral, from her iate residence, with- os further notice, on Thursday aliernoon, at three o'clock. JaNeS.—At Morrisania, Westchester county, N. Y., on Tuesday, March 2, of congestion of the brain, ADRIAN JANES, aged 71 years. Notice of funeral in Thursday morning papers. Jone3.—On Sunday. February 23, after a short tl- ness, THEODORE F. JONES, sou of the late Witham F. Jones, of Rio de Janeiro, in tue 29th year of his age, ‘The relatives and friends of the family are re- oe invited to attend the funeral, at Calvary urch, corner of Fourth avenue and ‘I'wenty-first street, this (Wednesday) morning, at half-pagt ten o'clock, without further notice. KELLY.—On Monday, Marci 1, after @ short ill- bp pa ‘ManGakeT KELLY, aged 2 years, § months and q to attend the funeral, residence of her parents, 101 West Houston street, this (Wednes- a ‘at one o'clock. onths. ‘The relatives nd friends of the family ate. fully mvited to attend the iuneral, from coor sl of her: tg, 67 South Eighih street, Brooklyn, East- iy this (Wednesday) afternoon, at one o Connecticut and California papers please copy. Lao: Monday, March 1, ANDREW LaMOND, in the 224 of his age. funeral this fw edn mnoraing, af ten ‘orlook, ednesday mi from eat residence, near Calvary Ceme- ONeiL-—In on Monday, March 1, ANX beloved of Edward (O'Net, ta the 1 and 10 months, The Si, tale tae Sa Po abies eee Hi mother, Here, Evi, , and eon es ad ireland, aed 90 years, The relatives and friends of the are fully invited to attend the funeral, St. Lake's Hospital, Pulty-fourch street, Filth avenue, on Th day aiternoon, at one o'clock. sand