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

NEW YORK CITY. THE COURTS. UNITED STATES COMMISSIONERS’ COURT. The Case of Calvin Willis. Betore Commissioner Betts. ‘The United States vs, Calvin Willis,-The defendant was arrested yesterday at his place of business, No. 62 John street, on a charge of publishing and dealing tm obscene prints, books, pictures, &c, He was yes- brought up from Ludlow street jail, and having entered into recognizance is $5,000 — for exam ination on Monday next was SUPREME COURT—CIRCUIT. ‘The Reade-Sweetzer Libel Suit—The Judge’s Charge—Verdict for the Plaintiff. Charles Reade vs, C, H. Sweetzer.—The hearing of this case was resumed yesterday. Mr. Booth de- livered @ lengthened address on behalf of the plain- un, THE CHARGE. Judge Clerke then procéeded to charge the jury. ‘He said that among the rights of perfect obligation which alone the law undertakes to protect that of reputation is one of the most prominent. Many men, unfortunately for the well-being of society, are totally regardless of principle, and are therefore totally regardiess of reputation; but to every member of society who differs from the beasts that perish, reputation is neces- oy very precious. He 1s very sensitive in Telation to it and it would be most unwise as well ag Most unjust not to afford him ample and efficient means oi vindicating it when it is unjustly assailed. Accordingly the law allows an action for the re- covery of damages as a means of redress for injuries in cases of defamation. It allows such red) for oral slander and for written defamation. For writ- ten defamation or for defamation by zie it allows an action called libel, Our law, like law, recognizesea very marked distinction between spoken defamation and defamation communicated by writing, printing, pictures or Matter calcu- to cast ridicule on @ man or to degrade him in the opinion.or nis acquaintances or of the: commen 1s libelious if written or printed and published; al- though if only spoken it may not be actionable. For instance, to accuse a man orally of beinga liar even im the presence of hundreds is not actionable per se, but to say of him im an article published in a news- Paper,that he 1s a liar, no proof of special damage ia necessary. A general oral charge even of hav: aworn reels, without reference to mat evi- dence given by the plaintiff, Phe i lof a cause is a not actousple in leelt; but ionable to print and puabiish concerning a man, “Our army swore terribly in Flanders,’ as said Uncle Toby; and Mf Toby were here now he might say the same thing of some modern swearers, “The man ja no jouch srrenting to an old story.” A libel then, as appifcable to individuals may be defined to be a malicious publication, expressed either in print- ing, or writing, or by efigy, tending éither to injure the memory of one dead or the bie hag of one alive, or expose him to public hatred, or contempt, or ridicule. In referring to the allegations containes in the con:plaint the Court proceeded to state that the plaintiff was the author of several novels, and among them a certain work called “GriMith Gaunt,” and that certain articles are iibels, which, as they had been spread before them, he would not now read. Two of these were to the effect that this work was calculated to demoraiize society, to debauch public morals, and to contaminate the purity of the Youthful mind. The third article accuses him—but whether it amounts to an accusation you are to de- termine-—that he allowed an obscure author to assume his name aud passed off the book here as his original production. The two first are essentially different from thie third. ‘the two first, as I have said, are therefore essen- tally different from the third. AsI have said, the two first accuse him of writing and disseminating works calculated to debauch and demoralize the public d, and the other accuses bim of what the laintiil’s counsel contend 1s absolutely an accusa- lon of fraud. Now, with regard to tho allegation in the complaint that Mr. Charles Reade is the author of “Griflith Gaunt,” you bave the evidence, £ think, of two witnesses who lived in his house for five or six months. They saw the manuscript, saw him actually e1 in the composition of the work @na saw him hi over his original manuscript to iis amanuensis and recelye it back from the amanuensis, en send it to the print ers, then receive the Rue correct it and wend it back to them. It is scarcely necessal for me to say that in my opinion—thoug! you are to judge—the proof is ample as to author- sDdip. Now with regard to the two first alleged Libeis. Have the defendants transcended the limits of allow- able criticism in these two articles? In criticisin the productions of an author the law allows consid- erable latitude. Thé interests of Ierature and acience require that the production of authors shall be subject to fair criticism, and that even some gnimadversion may be permitted, unless it appear that the critic, under the pretext of hia work, takes an opportualty of attacking the char- acter of the author and of holding him up as an object of ridicale, hatred or contempt. In other Words, a critic may say what he pleases of the literary merits or demerits of the publisied produc- tion of an author, but with respect to the yea nghis of the autnor, relating to ia =6repatation, the critic has no more assuming the fs than any other person not usiness Of criucisima. For instance, he may say that te matter is crude, forced and unnatural; that Wt vetrays poverty of thought and abounds with commoi places and platitudes, being altogether flat, staic and unprodiable, and that its style 13 affected, obscure and iuvoived, He may say a3 Burke sald of the style of Gibbon, that it is execrable. But he cannol say that the author himself is execrable, or ‘that lic is personaily aected or absurd or wayward. ‘The critic nas Lhe same liberty under the same re- strictious in relation to all people who come before the pubic for praise or censure. He may say of the orator who uses excessive jesticulation and voctfera- Bion, iistaking extravagant action and verbosity for eloquence, that he has ali the contortions without any of the inspiration of the Sybil He can gay of the player that “he mouchs his speech as many players do,” or that “he saws the air too much with his hand,” or that “ue tears a passion to tatters, to very rags, epliiiiag Wie ears of the groundlings,” but he cannot use him as “a robustious, perriwig-pated feliow” gad recommend tuat he ehould be “whipt for over- doing Termaygant.”” The crliic can call painting a daub and an abortion, but he cannot cail the painter himself a low, discreditable pretender and an abor- tion. The most comprehensive freedom in animad- verting upon the productions and actions of public mea is essential to the very existence of civil and Political Loerty and to the Progress of civilization, end I oie | say with Lord Elleaborough, in Tabart ‘vs. Typer, “liberty of criticism must oe allowed or we sould have neither purity of taste nor morals.” Fair discussion is essentially necessary to the truth of history and the advancement of science. That publication, therefore, I shall never consider a libel which has for its object, not injure the repuiation of any individual, but to correci )..re, resentation of fact, to refute sophisti- ul reasoning, to expose a vicious taste in literature, , ensure What ws hostile to morality. But, gen- hacritic may not have directly as: ter of an anchor, or ridicaied his lis manners, his voice, or ex- sed aby or defects of the man, may 2 not nevertiuel fame him and wound him in the Most vital spot by imputing to him unwortiy Motives and evil designs agaimst the well-being of society, intinatiog tut he infers these motives and 2 Lue sentiments expressed and the char- ed in the work waich he bas underta- eit jew? My own opiaton, gentle is that ue Works of fiction which are published in itm this country are very pernicious in ts upon public moraltty, Not that i think itself is demorauzing. Very far from it, The iost instructive lessons in faith and morals have been veyed through ita instrumentality, The founder of Christianity himself did not disdain frequenuy to employ it. Indeed, it was his favorite Method of Moral and spiritual instruction. But in tis very f. nation consis its danger. And when We see (ho prows teeming With productions of this Kiid, describing scenes, eee cae caloa- lated to corrupt the morals and even weaken the mental stamian of the muititude of novel readers who seom to be absorbed in vuis kind of reac it Wii be prudent (o allow conaiderabie latitude ot te cism in reiation to these productions, There is one virvus Which womea Of honor have not only always observed but have tenderly and ardently cherished, and, i may say, adored, They csteom it ‘a8 a sacred jewel, its price far above rubies; and the woman ‘Who is wituout tt is deemed lost to all virtue. ‘The want of ii distigures her whole nature, and any community in which the want of it 18 preva , depend upon it, is upon the rapid road toruia. The wadency of many of the productions ‘to Wich | lave referred ts to Weaken the founda- tions upon which this virtue is based, They are almost as mischievous as tna plays whieh abounded m tue profligate reign of Charles 1, when the foulest aud the just hideous corruption prevailed int Court aud among the higher classes. 1 have often wondered that society escaped the destraction which that corrupuon was calculated to produce. I do not say that Huglish novels are as mischievous in this respect as sunliar works of fiction publishea in France; tor there, in such works, open adultery avers to bo especially admired and hovored; unholy Jove, like unsenctitied human reason at a memora- bie perio’ of thelr history, seems to be deified in that land. fhe writer who has contributed most tila dreadful condition of things is a although she has shown some token of deveicy by assuming the name of aman, {make these observations, gentiomen, to show that in deal- ing with this klud of literatore, the critic should not be prevented from inferring the motives and designs of tid author from the inevitable effect of his wri ings. Of course if he tmputes motives and design: which he is not warranted to impute by any opinions or sentiments ex pressed, or any characters delineated in the work, he is able and must take the conse- Sci taue® oi wate Sena ie y ie at ives and di lea Most serious imputation; and if it is unwarranted the crite has comm a levous Wrong which money is scarcely capable of repairing. Undoupt- ediy the criticisms complained of make these oe as pay by pops age That gearce jenied. Rot necessa: me C4 these — articles. doubt you understand them. The F a clea ate oan bert PS jsobuonious toeuch imputations, and if it is they NEW YORK HERALD, FRIDAY, MARCH 5, 1869.-TRIPLE SHEET. poe yy oe te tae wink ‘self to 5 in wo) act off this crime and Dolsirit over, and to induce others to follow his example? That is a proper con- sideration. Is he so fascinating in character, or in other respects? Has he any other qualities, any heroic qualities, any great intellectual or moral qualities to set off this career of guilt, and to recom- mend it to others for anexample? Then we have Caroline Ryder, She is the very incarnation of sensuality and brutality, and she,jno doubt, like the man she fell in love with, had a ruddy tace, a well oa person, @ well developed chest and, I think the writer fine teeth ; but is there any- thing in her her crimes or mak tion by the reader, Now, gentlemen, the mere delineation of a character @ novel, the mere setting forth a certain kind of wickedness in a char- acter 1s not necessarily demoratizing. If that ‘was the case every man would be obliged to send away from our libraries real history. If fictitious history is not to be allowed tu do what real hist: does, why, then, we have no right tu read these novels at all. Dut I say that the mere delineucion of a character is not necessarily demoralizing, Look at all the histories of ancient and modern times; ‘the of Thucydides, the biographies of Plu- tarch and modern histories, They all represent real men, who were hideous, criminal, cruel and sen- sual—they were earthly, sensual and aevilish, In modern times we have only to go to the last century to look at the character of Catharine of Russia. She certainly was much worse than Ouroline Ryder, for she had a lover almost every week, and when she got tired of her lover she killed him, — But are we not to read the history of Russia in the reign of Catharine? Still there may be something else in these works be- sides the delineation of charagter. 1 only wish to impress upon you that the mere delineation of char- r, unless it 18 presented to the reader in some favorable point of view and in approval, does not make the author criminal or culpable of demoraliz- ing society. I repeat you are to decide whetuer all the events which the author states in any part of his work happening to them were calculated to en- soutaae similar Sr catalag teoehinta ae third e, eR, Ac e plaintiff of allowing ere won) MVEn to the production o: others, that 1s the charge and that it was fraudulent. Ido not intend to dwell upon that. It hasbeen shown by several authors that it is a very common practice for an ae to allow his Phnapnct be on — fon materials, per! are yy others, but he usually Bed probabl in most cases superintends the work, revises it and perhaps adds to it; and they this is @ very common practice, and is Bok o0R: sidered dighqnorable, you beloye fais third cle amounted really to a ci eof that kind, why I don’t know that there is anything libelous init. It is for you to determine, however. Ifyou believe it to be a dishonorable practice you should find it to be libelous. The next inquiry is as to the damages. You have a right to consider whatever injury in mind the Plaintiff! has sustained by these charges, and even, you may go further; you may consider What he 18 entitled to as compensation for his wounded character, if it has been wounded. Or you have the right to consider what hereafter he may suffer; for I hold that prospective damages are allowed in this action. That has been allowed in sev- eral instances, I think it may be considered settled that they may now be regarded, where they are inci- dent and accessory to the action; but then no second action can be maintained for them. ‘The jury returned a verdict for the plaintiff—dam- ages, 81x cents, URT NOTICE. co Supreme Court, Circuit.—Ali causes which shall be marked off for the term at two Circuits in succes- sion shall not again be placed on the calendar for trial, except by special order of the Court, to be ob- tained in the same manuer as in causes that are re- served generally. By order of the Court, oung, CHAS. E. LOEW, Clerk. SUPERIOR COURT—SPECIAL TERM. Decisions. Judge Freedman rendered judgment in the follow- ing case this morning:—Sale vs. The Sun Mutual Insurance Company. Motion denied, COURT OF GENERAL SESSIONS. Before Judge Bedford, Assistant District Attorney Tweed conducted the Prosecution of cases, BURGLARIES. James E. Gaffney, jointly indicted with John Reilley, pleaded guilty to burglary in the third de- gree, On the 14th of November they entered the house of Henry CO. Landon, West Thirty-sixth street, and stole $120 worth of ladies’ apparel. The Judge, in passing sentence, said to the prisoner :—“You have been in trouble before, but you have never been convicted. Having pleaded, I will make a de- duction in the sentence, and send you to the State Prison for four years. Edward Lewis was charged with burglariously entering the store of George H. Porter, 42 John street, on the 17th of February, and stealing twenty-six dollars’ worth of twine. A plea of an attempt at burglary was accepted. The City Judge stated that the complainant, having informed him that he had some doubts as to the sanity of the prisoner, he would remand him until the physician of tne City Prison had examined him and furnisaed the Court with a proper certificate. If the man were insane his Honor said it was his duty to see that he is not allowed to prowl around amoaog the community perpetrating other crimes. GRAND LARCENY. Michael Connolly was tried and convicted of grand larceny, the indictment alleging that on the 22d of February he stole a showcase containing seventy- five dollars’ worth of property, owned by Glover & Brother, 900 Chambers street. The theory of the de- fence was that Counolly was employed by Casey to carry the case; but as they could not prove that they showed the previous good character ot the ac- cused. The jury, however, on the evidence were compelled to render a verdict of guilty. John Oa- sey, who was jointly indicted, was then ned and pleaded guilty to the charge. Judge Bedford at thro @ rigid examination, his Honor fitimating that he had some anxiety regardi nolly’s part in the larceny, Casey said tl never knew Counolly before that day, and offered to give him fifty cents to carry the showcase for him. “Casey,” said the Judge, “have you ever been ar- rested and brought to the Sixth ward station house for stealing a buffalo robe?” ‘ “No, sir,” was hare oe of reply. Judge Bedford—"Now, mind you, you had better tell me the trath, I shall have the officer from the Sixth ward station house here, and if he identifies ‘ou | wili send you to the State Prison for five years by No 7,08 example to those who impose upon the Jourt Casey, conclading that discretion was the better part of valor, owned up that he had been taken to the Sixth ward station house. The City Judge, in view of his telling the truth, modified the sentence by sending Casey vo the State Prison for three years and six montis. A new trial was ordered in the case of Connolly, Who was discharged on his own Tecoguizance. ALLEGRD HOMICIDE. Gertrude Pfeife and George Reinhardt were placed on trial, charged with mansiaughter, in causing the death of Jacob Pfeite on the 16th of June, b inflicting & blow with a hatchet at their room No. 146 West Fifty- second street. Mr, Hutchings conducted the case and called a number of German witnesses, none of whom saw the occurrence, but were informed by the de- ceased that his wife strack hima blow. One wit- ness In an adjoining room testified that he saw the woman sitting with her arm around Reinhardt, and heard her say that she did not care adama for her Jacob, that ‘dt was her husband now. A witness called by Judge Stuart for the defence proved that the woman was beaten “ail over” on the morning of the alleged difficulty. Jacob Pfeife was taken to the hospital the next day and Ad afew hours after. The doctor testified that was caused by A fracture of the gkull. — Judge Beuford delivered a clear and impartial charge, stating that no matter how moraily guilty the defendants might be, they must be convicted according to the ruies of evidence, ‘The jury after Geliverating for a moment promptly readered a ver- dict of not guilty, SEVENTH DISTRICT CIVIL COURT. “Very Like a Whale.” Betore Judge Stemmier. Florencé Andernacht vs, Henry Gebhard.—This ‘was a proceeding brought to recover sixty-seven dol.ars for manufacturing “a whale” under the fol- lowing circumstances:—About the middie of August, 1868, the plaintif, a proqromaire. and ingenious Ger- man, wan employed defendant, ‘another gon of «“Paderlana’? equally ingenious and ing the happy tact of guiling the pubiio and filling his purse plethoricat! yy thereby, to construct a sham mammoth whale for him, which he purposed ex- hibiting at what he calis bis swimming ‘‘natato- rhum.’’ at the foot of Sixty-sixth street it river. y. Gebhard immediately set and bringing ali his mecifanical skill to bear in the operation. soon produced a “monster of the deep” rivalling in appearance the far-famed creature which gobbled up Jonah and spewed him forth again on account of the able nausea created in his stomach. A ice mechanical contrivance was introduced Inside the whale where- work on the animal, be it might be ‘‘vivified” and made to enact the part ol Re wend th Gebhard then placed faming adver mente in tie newspapers announcing him- self agan eminent doctor and traveller who had roited h a day at advertise- ment drew Sv arge crowd of pet to the place designated on the get down for the exhibition. ‘When the audience on the of exe! the great monster iseued forth into bis native ment and lashing the water with’ his. tal! me manner, which caused the gplled to it and roar with wonder and ex- claim “this Is no He waiks the waters too like @ thing of life thar,” &c. The whale, appearing to pall At which greeted performant pe lo some! in order to create & stl Ay furor and made a sudden dash into Hell ate, tried to lift Frying Pan rock clean out of its dangerous and performed other equally as- tounding feats. But the amazement and delight of the people, who had paid to see the sight, were des- Uned to be of short duration, for on the return of the whale to the ‘natatorium’’ one or two parties, wo had secretea themselves for the purpose, saw four modern Jonahs emerge from his capacious belly, and a further Mr revealed the fact that the whole operations of his whaieship in the water had beep managed by machinery. The nonplassed Gebhard had to beat @ speedy retreat, or he would have re- ceived rough treatment at the hands of the tncensed crowd, who vented their chagrin on the now inant- mate whale and almost tore it to pieces, Under the above stated facts judgment was awarded the plain- tur by Judge Stemmier. COURT CALENDARS—THIS DAY, Surreme CourT—Cincuit.—Part 1,—Nos, 4439, Sous, gar, tro, ath, ‘3411, grit S415, 3429, am 3463, 3531, 3559, 3009, '3657, '3715,' 3725, 3733 3751,8753, Part .—Nos, 2286, 2340, 2533, 2672, 2802, 2800, 3018, 2002, 3186, 9224, 9202, 3314 » 70, 3574, 3656, 3716, 8780, 8732, 3734, 8770, 3702, 3796, 3823, 8836, 3844, 3920, 4044, 1795, 4082, 4126, 4138, 4160, 4188, 419034, 2 4820, 4338, 4242, 4364, 4303, "4390, 4424, 4464," 4466," 4510, 4513, 456," 4576," 4603, 4610, 4611. Part 8.—Nos, 1312, 1898, 2032, 2356, 2566, 2940, 8010, 8048, 2074, 8114, 8192, 4270, $274, 8316, 3393, 3454, 344, 3640, CourT OF GENERAL SESSIONS.—The Peopie vs. Walter Scott Wells, allas Alfred Long, alias Moore, having ean of burglarious implements; Frank Morris, grand larceny; Delia McCormick, ae larceny; Oharles Johnson, robbery; Jobn fall, felonious assault and battery; John Spencer, obtatning goods by false pretences; James Haggerty, y iia er has Jose) eae bok 3 august 3 Patrick Kerrigan, ho- micide; Robert ‘Tilman, homicide: John Carson, homicide; John Siebert, homicide; Maximilian Mul- ler, homicide. 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 thermo- meter at Hudnut’s pharmacy, HERALD Building, Broadway, corner of Ann street:— + 42 38P. M. ween 42 OP. M. 40 OP. M. 42 12 P.M. Average femperature ior Wedasday EXPLOSiON oF TORFRDOES.—Yesterday mor Sn explosion occurred in the torpedo manufa of John Sparks, on the third floor of No. 28 Dey street, by the premature ignition of some fulminating ny material. The damage to stock was $500. A young girl employed on the premises was slightly injured. FaTaL EMBANKMENT OaSUALTY.—Wm. Sanders, man forty years of age, yesterday, while engaged in excavating for a cellar at No. 787 Third avenue, was fatally crushed by an embankment of earth cavin in upon him. The body was recovered and conveye to the late residence of deceased, No. 239 East Forty- fourth street, where Coroner Schirmer will hold an inquest to-day. DEATH FROM SUFFOCATION.—Willlam Smith, tho man seventy-five years of age who, on Tuesday even- ing last was partially suffocated during a fre in the | era 482 Second avenue, died yesterday in ellevue Hospital, he never having recovered irom the effects of the smoke inhaled at the time of the fire. Coroner Schirmer was notified, and wili hold an inquest on the body to-day. THe UNION REPUBLICAN GENERAL OoMMITTRE.—A meeting of this committee was to have been held last evening at its headquarters, 937 Broadway, but owing tothe absence of most of the members at Washington the meeting was adjourned until next month. In honor of the inauguration of President Grant the large campaign Lops ocr in front of the building was b. tly illuminated, Visitine =SyRACUSB CiTy OFFICIALs.—Commis- stoners of Police Burns and Ostrander and City Clerk Matthews, of Syracuse, who are in this city to ob- serve the workings and familiarize themselves with the organization of the Metropolitan Police Depart- ment, visited the Jefferson Market Police Court yes- terday morning with alike object in view. ey ‘were heartily welcomed by Justice Dodge, and, after the morning watch was di of, escorted by him through the various rooms aud the prison attached to the court, They departed very favorably im- pressed. Tae WASHINGTON STREET House BREAKING,— During the police trials last Monday the fact was made public that officer Lockwood of the Sanitary squad, professing to act under authority from Captain Lord and the Health Department, forced an entrance at three o'clock in the morning to the re- sidence of @ citizen and assaulted him for the edifl- cation of a reporter and the oficer’s friends, Several days have passed and no charge has been made rage him nor has his superiors disavowed a complicity in the house-breaking. Do they fear further ugly revelations should Lockwood be placed on trial for the outrage? SUICIDE BY HaNGING.—Coroner Keenan yesterday held an inquest at No. 93 Stanton street on the body of Henry Keyser, a German, forty years of age, who committed suicide by hanging himself to a hook in the wall of his room by means of a handk erchief. Deceased, who was @ pianoforte maker by trade, had drunk more or less for five years past, but for the last two weeks had been arinking to excess, so much so that the family in whose house he liv@mpex- pected him to die from intemperance. He a ‘widower, but had no cl fact that Keyser was much involved in debt may have tended to ag- wate his troubles and create a desire to take his fe. The jury rendered a verdict corresponding with the foregoing facta. SINGULAR RECOVERY OF PROPERTY.—About two weeks ago @ box, containing thirty-seven second hand silver watches, was stolen from a store corner of West and Barclay streets by some one unknown, and in quite a mysterious manner, and subsequently the matter was reported to Captain Ulman and detective Tilley, of the Third precinct. Search was promptly made for the thiet and the m! time- fae and a clue having been obiained which, doubt- jess, Would have resulted ina arrest, ind the guilty to “take time by the forelock” and make restoration before it was too late to save him- self, At on Wednes evening, during the absence of the captain from the station house, a boy walked boldly in with a box, carefully wrapped up and directed “To Captain Ulman or Detective ‘Tuley,”’ and requested the Lit ol in charge to de- liver it. Without another word the boy turned upon his heel arid walked away. On subsequently open- ingand examining the box the captain was not a little surprised to find it to contain the thirty-seven watches which had been stolen as stated. Nothing whatever is known of the boy who obeyed his in- structions by ieaving the stolen goods with Captain Ulman, The watches have been restored to the owner. COLONEL HERMAN’s VicTiMs.—The hallway lead- ing to the oMfice of Mr. Shearman, lawyer, at No. 61 Broadway, was during office hours yesterday com- pact with soldiers, victims of Colonei Herman, the claim agent. A fall chapter of the alleged swindiing practised upon soldiers by Colonel Herman has aiready been given in the HERALD, and the facts need no recapitulation to freshen tne memory of the public as to their character and extent, state ment that Mr. Shearman waa going to put } some special effort for the payment of claims led to the ina crowd thronging his door, Mr. SI a's propesition Ww: ye? ecigiors wi Colonel ie wie ts - anty give up the receipts given them by the Colonel ant take U discharge rs. As the latter are marked and as formet are the only vouchers they have of deail with the Cojonel, the men failed to see any advant they conld wy derive from acting upon this advice, and Mr, Shéar- man’s proposed negotiations consequentiy were only in very few instances brought to successful termination. The soldiers regarded the scheme 16 only @ second edition of the original awindle. Mr. Shearman prudently had a stalwart policeman as & body guard or else it ts not unlikely the threats of the besieging crowd to chi in massed column on him might have been put into execution. PAYMENT OF ARMY PsNstons.—Yeaterday being the spectfied time for semi-annual payment of pen- sions to disabled soldiers of the late war, and to the Widows, children or nearest of kin of those killed in battle or dying in hospital, the two offices in this city, one in a basement corner of the Custom House and the other at the corner of Nassau and Wail |, were ow sho’ ‘a ab i midirs em leeves bling in on crn! wiuowse tg mourn "8 rphaned enildren, mothers who sull ted for the i 2g; Ny: and their widows and chil. dren, according to the number of the latter. OMmcers or their wives or other are of Sareoe ac to the rank of the former at the date of their di or muster out of service. About 6,000 names are on the liste of the two offices Waikagit at detente fos meal ie agent as thelr juisites, forty, conts on each wer et a 8 which tie sol consider exorbitant payments amounts aix dollars tor eold POLICE INTELLIGENCE, VIOLENT ASSaULT.—Edward McCormick, of No. 832 East Twenty-first street, caused the arraignment of Jeremiah Sullivan before Justice Dodge, at the Jefferson Market Police Court, yesterday morning, whom he charged with violently assaulting him, striking him in such a terrible manner with @ club that one of the blows fractured his left arm, yan Was committed to answer the assault at the Court of Special Sessions in default of $500 bail. ASuHoorina ArrRay.—At an early hour yesterday morning Lewis Korper, of 96 Centre street, had an altercation with George Huner and John Rasher, during which it ts charged that Huner drew a heavily loaded pistol and discharged the contents of one barrel at Korper, with the evident intent of taking bis life ord him great bodily harm. It is further alleged that Charles Huner was aided and assisted in the felony by Rasher, woo said to Huner, “Shoot the son of » b——h,"”” &c. Fortunately, the ball missed its alm and Korper escaped unharmed. Both Huner and Rasher were arrested by officer Garland, of the Sixth precinct, ana Justice Dowling committed them for The are all natives Germany. ’ DISHONEST SALESMAN.—Thomas McShane, @ night watchman employed by Messrs, Lord & Taylor, cor- ner of Grand street and Broadway, appeared before Justice Dodge, at the Jefferson Market Police Court, yesterday morning, at the instance of the superintendent of that establishment, anu preferred a complaint against James Wilson, a salesman employed there, whom he charged with attempting to steal and carry away from the store yesterday morning 1834 yards of biack silk, valued at $65 60. MeShane’s suspicions were aroused that ‘Wilson intended to purloin some of the goods in his care, and after anxiously watching him for some tume detected him in endeavoring to conceal the above property under his vest, at the same moment to leave the place. Approaching him McShane ac- cused Wilson of the theft, when he immediately acknowledged it, but earnestly requested that nothing should be said to the superintendent. Of course this was not complied with, and hence his arraignment to answer, He was comiuitted for trial x os Court of General Sessions in default of $1,500 a AN OPIUM EATZR. Scene at the Jefferson Market Police Court Yesterday—The Arraignment of a Once Emi- nent Surgeon Addicted to This Habit—His Disposition With a View of Reformation, While the usual business of the Jefferson Market Police Court, before Justice Dodge, was progressing yesterday afternoon an officer of the Eighteenth pre- cinct brought to the bar a young man of intelligent appearance, but in such a state of stupor that it Tequired the utmost strength of his custodian to prevent his falling on the floor. ‘Another drunk,’” matrered the Justice, and he was half correct; but he was quite unprepared for the sequel. “Well, officer, what is the matter with your friend?” “I have an opium eater here,’ said he. “An opium eater?’ echoed the Justice. “Yes, sir; and aman who has been a great phy- sician.”? “Bt where did you get him, and why did you arrest him? “The complainant is here.’ “Let him step up.’? At this juncture a gentlemanly looking, dignified Tiga stepped up to the Justice and told the follow- story:— done name is Dr. McCullum, and I reside on First avenue, No. 46, Iam interested in an apothe- cary shop. The party iat the bar 13 Dr. William Flynn, formerly of Philadelphia, a graduate of the University of Pennsylvania, and for a time the pro- fessor of anatomy of tiat institution. He has held some of the most important positions in the country, to which his skill as a surgeon entitied him, But | fear he has become sadiy demoralized in the acquired habit of opium eating. I have known him about three months; when he first caine to my place of business he bought laudanum in a small quantity to use, as he said, “as a local application for his brother’s leg.” He came there frequently after- wards for a similar object, and at times would ob- tain a small L gaan ety of sugar of lead. Meanwhile I ascertained who he was, and when about two weeks ago he came to me and assured me that he had been very unfortunate and had no ye to stop I allowed him to stay in my place until e could find something todo. Until recently I had no suspicion of the cause of his degradation, and then only accidentally discovered it. Yestel , having business down town, I left the store in his care, knowing that he was competent to take charge of it, but when I returned I found him asleep, apparently lifeless from the effects of a large dose of laudanum. When he recovered, later in the day, I gave him @ sound lecture; but it was useless, as jay, being unable to procure — he took from the sheif this bottle of sulphate of morphia (bottle produced] and he has taken such a quantity as to produce this see! drunken state. During the narration of these particulars Dr. Flynn leaned his head upon the railing in front of the justice, apparently unconscious what was transpiring, yet at times he would raise it and look listlessly about as if he felt he was in a si Place. Justice Dodge, fearful that he had taken a quantity that might prove fatal, here advised Dr. McCullum to procure an emetic and give it him. While the doctor was absout in search of this Dr. Flynn revived somewhat, when the foilowing con- versation occurred:— eae mucb, doctor, have you taken of this mor- ae" "I “About five grains.” tl ey require an emetic?’ sir. w long have you been taking opium ’” “About two or three years.”” He then rel: into his former state of uncon- sciousness, and in this condition was remanded to the prison below, to the care of the Commissioners of Cl ities and of Corrections, that they may pro- vide for him and if possible reclaim him. Soon ater Dr. Bp aha him, and administered the emetic a8 & le In the pocket of Dr. Flynn was found the diploma accorded him by the University of Pennsylvania in 1853, and it is a testimonial of proficiency any medi- oal OF surgical gentioman ta the land it Weil be prot The Metropolitan Gas Company Brought to Terms—The Forcible Eatry to Houses. Aspecial meeting of the Board was held yester- day, Dr. Stone presiding, for the purpose of hearing argument in the case of the Metropolitan Gas Com- pany’s nuisance, in which the Board seck to compel them to change their process of manufacture so as to relieve the air of the poisonous vapors evolved, The counsel for the company stated that he had been instructed to piedge the company to at once adopt the oxide of tron process of purification, as used by one of the other companies, the deodorizing lime process, as used by the other, or any method that the Board shall see fit to suggest. A_ len: dis- cussion ensued as tothe evidence addu the hearing, when counsel that the evidence showed that the oxide of tron process was the least objectionable, and that an improvement could be = upon a Laird & mee a for je purpose ie sulphuretted hydrogen that is carried into residences with the gas. "roe fessor Chandler expressed the opinion that the com. pany were now disposed to act in good faith in re- moving the evil complained of, and on motion of Dr. Swinburne the following was adopted:— Resolved, That the hearing in the case of the Manhattan Gaslight Company be postponed to March 22, at tree P.M. the company stipulating i the meantime to !ntroduge and test in one-half thelr purifiers the iron process as used by the Now York Gas Company or some other process to be ap- proved by Professor Chandler. reavladon that, waa urgently ‘roqtited, “He tt bot wish the impression to go abroad in this community that the Board of Heaith justified the forcible entry of cititzen’s houses, He presented the following resolution, Pome gm by the develop- ments made before the Police Commissioners on Monday last, bye) it appeared that officer Lock- wood, of the Sanitary squad, professing to act by authority of the Board, iDly ontered the honse of P. H. Enright, No. 35 Washington street, at o’ciock on the morning of last Sunday week:— Resolved, That the Superintendent be instructed to confine is epecial sanitary surveys to tenement houses in the eltlee of New York and Brookiyn. The Board adjourned until next Monday, at one o'clock. THE PNEUMATIC RAILROAD. Reference has already been made in the HmRaLy to the operations of the Pneumatic Dispatch Cow- pany in constructing an air-itne under Broadway. A great many persons deny that the work i# tn pro- gress on account of its being conducted so qaietly. People look down into the cellar of the building corner of Broadway and Murray street and cannot distinguish anything that looks ike a “tube” or a or debris that would Mr. Black, Botimah cia aries, hat na sca Solow ‘ve gusta ee were and carted very slow, hs'be soon trom tne treet that ‘Would indicate thas.a.zailroad ie being constructed, THE OCEAN RACE. Loge of the City of Paris and Russia. ‘The folowing are abstracts of the logs of the Inman steamer City of Paris and the Vunard steamer Russia, from which it will be seen that the City of Paris gained twenty-five minutes in the run from New York to Queenstown. In the run from Queens- town to the rock Ught the Russia gained consider- ably, arriving thirty-Ave minutes after the City of Paris:— ABSTRACT OF LOG OF CUNARD STEAMSHIP RUSSIA. Feb. 10,—Wind N.E., course various; at 2:40 P. M. left New York. Feb. 11.—Wind N.E.; course 86 N. 38 E.; distance 44N., lon. un 245 miles: lat, 40 68.40 W.; moderate eavy easterly Feb, 12.—N., 74 N., 205, 4202 N., 6227 W. breeze and heavy easterly swell. . Feb, 13.—NNW.,, T4.N., 31E., 316,43 26 N., 55 82 W.; as aren 10 N., 36 4513 N., 4829 W.; weet ., 36 E., 823, ey 5 Feb. 15.—NW., 65 N., 383, 47 33 N., 41 08 W.; strong gale and squally, with heavy sea. Feb. 15.-NW. TDN. 10 1, 329. 43 31 N., 83.04 We; hard gale an , with heavy sea. Feb. 17.—NNW., 16 N., 20 E., 332, 4949N., 2657 W.; strong oe and squally, with bye heavy sea. Feb. 18.—NE., 76 N,, $49, 51 11 N., 16.05 W.; strong gale and aqually, with very heavy sea. Feb. 19.—NNE., 310;'at 10:45 A. M. arrived at Queenstown; 11:08 A. M. proceeded. datas oe at 3:30. M. arrived at Northwest . Feb, 20,—At 4:20 A. M. arrived at Rock Light. ABSTRACT OF LOG OF THE INMAN SOREW STEAMER CITY OF PARIS. Feb. 10—From Sandy Hook,—1:25 P, M. left dock, 2:30 passed Sandy Hook, 8:35 discharged ‘pilot. Feb. 11.—Wind NE., course N, 85 E.; distance ru 242 miles; lat. 41 02 N, lon. 63 45 W.; light airs an heavy head sea; steamship Russia in company. Feb. 12.—Ni. to N.; N. 77 E.; 282, 42 05 N., 62 39 W.; fresh breeze and heavy head sea; steamship Russia in company, Feb. 13.—N. to W., N. 75 E., 314, 43 29, N,, 55 43 W.; alr; steamship first part, fresh breeze; latter, ight Russia in company. Feb. 14.—SW, to W., N. 71 E., 323, 4516 N., 48 35 W.; moderate breeze throughout, steamship Russia in company. Feb. 15.—NW. by W., N. 70 E., 342, 4720N., 4052 W.; first part fresh breeze, latter fresh gale. Feb. 16.—NNW., N. 83 E., 346, 48 N., 32 21 W.; fresh le. Feb. 17.—NNW., N. 72 E., 338, 4943 N., 214 W.; fresh gale. Feb. 18.—N. by W., N. 76 E., 346, 51 09 N., 15 26 W.;, fresh gale. Feb. 19.—To Fastnet.—222, 4:05 A..M. burnt com- company’s !s off Browhead; 5 A. M. Fastnet abeam; 8:04 Old Head of Kinsale. 8:58 Roche's Potnt, tender alongsid 218 tender leit, ahead full speed; 10:01 Ballycotton; noon, light airs and cloudy; 4:10 P. ‘M. Tuskar; 11:10 P. M. Southstack; midnight, light airs and cloudy; 3 A. M. Bell Buoy. Feb, 20.—3:45 A. M. Rock Light. EFFECTS OF THE LATE MR. LEUTZE. Auction Sale of His Books, Paintings, Ktche ings, Drawings and Furniture and Contri- buted Paintings of Other Artists. The executor’s sale of the effects of the late Emanuel Leuuze, the artist—began last evening at the auction room of Messrs. Leavitt, Strebeigh & Co., Clinton Hall—drew together a larger and more select and discriminating attendance thaa ia generally to be found at auction sales. It is easy to ex- plain this. unusual attendance, among whom were to be seen the familiar faces of many of our leading artists and connoisseurs of art, as well as many wealthy citizens, eminent as patrons of art— & general and eager desire to possess some relic of this distinguished painter and in the gratification of the desire to confer substantial benefit upon his wiaow and family. To carry out this latter pur- pose, in addition to the personal effects of Mr. Leutze, inciuding, besides, a large number of own paint his books, etchings, dra wings, an- tique furniture, swords, daggers, old guns, cross- bows, arrows, &c., there were added to the sale tings contributed by the Artists’ Mutual Aid iety, of which Mr. Leutze was a member, and volunteer artists, as complimentary tributes. Last evening’s gale opened with the sale of Mr. Leutz’s lil He was not much of a bibliopole, but the pect bent of his genius was evidenced im the quintness of many of the works to be found among his chotce though limited collection of books. Second on the hist was a “collection of ancient portraits.’ Close on this came a German work on “Perspective,” and immediately “Old Eng- land’s Worthies, a gallery of portraits, with bis phies,” and then the ‘‘Mansions of Old Enguand, in the olden time tinted ae next the il! French work “Ecole de Cavaliere,”? an¢ then alo! at intervals “Colorado L[lustrated;’? “Stephen’s Travels in Central America, Chiapas and Yucatan,” illustrated; “Schan-Buhne der Welt,’’ illustrated; “National Portait Gallery;” “Old England,” filus- trated; “Book of Portraits,” line $ “Hogarth’s Works,” illustrated; German Bible; ‘Costumes of the Thirteenth, Fourteenth and Fifteenth Centuries,” with colored plates; the “Deutsche Academic,” with fine plates, @ quantity of other illustrated German works and illustrated works on architecture. Interspersed among these were a miscellaneous collection, em- bi @ wide range of literature—books of his- tory, phy. travel, poetry and the fine arts, All these books found animated ag of them bringing very much more than toeir int value, as for instance the two volumes of the “Cos- tumes of the Thirteenth, Fourteenth and Fifteenth Centuries,” being knocked down at $32 a volume; the “Deutsche Academie” at $15 a volume, and $20 being realized for the French work on architecture. Like satisfactory prices were realized for the collection etchings, drawings and engravings offered for sale, original etchings and dra’ of course, command- the remint were are hung in rooms for exhibit paintii and last evening, brilliant blaze of gaslights and array of the spiendid works of art he walls, and throngs of 1 ting visitors, including many 1 on a diminutiv Seas ey te zn ney There ai forty-four 8 by Lentze, but though many are duest touches of his rare genius are to be seen in but very few. The finest painting of ail is the ‘Crusaders’ ? @ bold and impassioned delineation of the climacteric period in the epoch of he crusadeus. Rare the ci fidelity to nature and forming a beautifal and picturesge landscape is ‘‘The Narrows from Staten a." The portrait of a “Spanish Lady in Costume’ fs finely executed. Among the best, and the only remaining one of the coliection we will now notice, is the “Venetian Lady—a life trait.” This was the last work of the lamented ar- tist painted, as will be remembered, but a few hours before his death. Of the contributed paintings of of our most the er, re are worthy the artista, The nes. tioned “Who's There,” by Gray, A “Belle of the Day,” by Baker, ts a ficent work of art, and 80, too, is the ‘Trout at Mufora,” by Whittredge. This sale will undoubtedly attract a large class of rival bidders and determined bayers. FOREIGN ART NOTES. ‘The citizens of Vienn: endeavoring to found school in that city for t tion of industrial arts, available both to children and aduits. The sub- scription list has been beaded by tae Emperor with @ gift of 1,000 forins. The Em {the French has just nati quinquenste of 100,000 francs, to eaeatted tbe ofthe Fine Arts and the Institute, thé French artist— painter, sculptor or architect — who shail have produced during the last five years a great work reneeting bonor on the country. The rige i to be awarded this year in a sitting of the Bve academies in the month of August, at same time as the biennial one of 20,000 francs givea two years back to M. Felicien David, A regular meeting of the Chamber of Commerce was held yesterday afternoon, Mr. Opdyke reported that the assessment of the Chamber for the expenses of the National Board of Trade was He said the Chamber was bound to pay the amount, bat he moved that the Chamber ‘withdraw from the National Boar. A sharp discussion followed, Messrs. Opdyke and Conkling advocating and Messrs. Toucey, Stranahan A and others opposing the resolution. The motion was laid on the tab Resolutions were adopted the ¢ Sr voting money for reclaiming lands adjacent to or vi M river or im ‘until the inances are on & Mr. Biunt offered a ® com: BROOKLYN CITY. THE COURTS. . ~_—eeeeeeeeeeeeeet UNITED STATES DISTRICT COURT—IN ADMIRALTY. ‘The Skip Hudson vs. The Ship Midnight. Before Judge Benedict. : Henry Hastings et al. vs. The Ship Hudson, Wm. D. Morgan vs, The Ship Midnight.—The testimony in this case was taken several months ago, and the argument was had yesterday afternoon. It was @ cross libel action to recover damages occasioned by & collision between these two vessels in May, 1967. The Midnight was lying off the Battery nldway between Governor's and Elis islands. The Hudson was lying, two miles further down the channel. The Was south southwest, the tide ebb and running from two to three kuoig an hour. At twelve o'clock the Chamberlin, one of the most pow- erful tugs inthe harbor, came alongside the nig to tow her out. She first took position at the of the ship, but, briny Impossible to Cp | ioe ear snd ersarae: ctatatiots Ma 6 Wi Wi Chamberlin and the Miinight then drified down amile while turning in a zigzag position. The Chamberlin having sw under the head of the Midnight, found it impossible to straighten ner out so as to get direcuy behind her. The two vessels down half a mile further in this way, at which time they were within half @ mile of the Hudson, when it was thought that a continuance in that course would unavoidably result in @ collision, The Hudson at this time got her anchor off the bottom, and had just beon taken in tow of the Starbuck, another tug, and was movi through the water slowly, when the Midnight foun a collision imminent, and her pilot gave instructions to the Chamberlin to make a rank sheer to port. He set tis jib and took out his fying jib, and a rank sheer was made by the Midnight and Chambertin, and they ran directly acrogs the tide, but the Hudson forged ahead and a collision between tue two sii ensued, The bow of the Hudson struck the Mid- night on her beam so heavy a blow as to roll her over six streaks, Both vessels were disabled and damaged to the amount of about $26,000. The counsel for the Midnight, in arguing the case, claimed that she was without fault, having done all that she could to avoid the accident. The collision occurred by reason of the zigzag position of the Chamberlin and the Midnight and the impossibility of ati tening them out. When they found they could not go to the windward on this account It was cond sensanantoto go so.the leeward, and in don 80 they were actang in obedience to the nineteent! and twentieth articles of the act of Congress in re- to the navigation of vessels. He also main- ed that the Hudson should have ported her helm. , it was claimed that it was an acci- dent that r party could avon. The counsel for the Hudson ciaimed that the Mid- night was at fault in (retail te to go to the lee- ward at all; that the thirtcenth rule compels vessels meeting sturboard to port their helms and pass on the starooard side each other. Had this been done the collision would not have occurred, Hav- ing failed to obey this rule in attempting to to the leeward it was incumbent upon the Midnight to show that there was some special circumstance which justified the breach of the rule. No such cir- cnmstance having beea shown, the Midnight was clearly responsible for the collision. Decision reserved, Emerson, joodrich & Wheeler, for the Midnight; Beebe, Donahue & Cook* for the Hudson. Collision in the East River. The Harlem and New York Navigation Company vs, The Steamboat State of New York.—The libel- Janta, the owners of the Sylvan Stream, a steamer plying between New York and Harlem, brought this action to recover $700 damages done the above ves- sel by the State of New York on the 13th of June, 1867, in @ collision that occurred just as the former veasel Was coming into her siip at pier 24 East river, aud as the latter was leaving on her trip to Hart- ford. The answer was that the Sylvan Stream had always been in the habit of waiting out in the chan- nel until the other vessel came oat. When the State of New York started vut the Sylvan Stream was 200 feet distant from the Fond If due attention had been (or to the signals of the pilot of the Siate of New ‘ork the collision would not have occurred. De- cision reserved. Benedict & Benedict for libellants, J. W. 0. Lever- jdge for respondenta, COURT CALENDAR—THIS DAY. Crry Court.—Nos. 4 58, a to 72, inclusive. set i age th 4 BROOKLYN INTELLIGENCE. BURGLARY.—The residence of Mrs. Hill, in Hall street, nearGreen avenue, was burgiariously en- tered sometime on Sunday night amd was robbed of freer’ th the value of $150. The entrance was ef- ted by means of skeleton keys. ‘There is mo clue to the thief. WENDELL -PHILLIPS AND THE CATHOLIC Cuanr- T1es.—Wendell Phillips is announced to deliver his famous lecture on Daniel O'Connell, at the Brooklyn Academy of Music, this evening, for the benefit of the schoolsand hospital attached to St. Peter's church, cormer of Hicks and Congress streets. ‘This is @ most worthy charity, and we need hardly say that the lecture oi Mr. Phillips will amply repay those who are to contribute their mite to the poor through channel. News IN Brruy.—A horse, valued at $1,200, the property of ex-Sheriff John McNamee, fell on Fultoy ‘street and broke its leg yesterday. It was shot b, order of its owner, ms sates ‘The colors were hoisted from the public buildings , San im honor of the inauguration of President Morris Isaacs, a resident of Baxter street Now York, was committed by Justice Lynch on charge of Teceiving stolen goods. ‘There were 471 patients under treatment at the Brooklyn Dispensary during the month of February. The yeceipts of the Children’s Aid Society for the past Wonth amounted to $1,925. THE UNITED STATES COAST SUAV:Y. the continent to the other, and the ticking Cambridge University has recorded in San Francisco with @ most remarkable degree of accuracy. ‘This is done the pendulum of tue chronometer at ith the wire, in such a mauner that the main circuit is broken and instantly closed agai! ‘and, with almost the speed it itself, hurries on over tue magic Wire, pass- termediate cities, towns and villages, over mountains and along the open nally reaches the recording tnstra- ‘ific coast, in ali of its original tuis piace I At any time during an evening of the past month @ Visitor to the operating rooms of the Western Union ‘Telegraph office, in this city, might have heard ono of the little tastruments beating the measured tine of the sixtieth part of a minute, with the monotony and of a chronometer itself. Tick! Tick! ‘Tickt four, five minutes and then the little monitor ceases. Back comes tue auswer from San Francisco to Boston:—‘Ali right; your second signals came and have been re- corded for five minutes. ahead five minutes more!” Again, tick! tick! tick! tor five minutes, and then San Francisco t—"All right; are says again: Oa eee, ae a eURT tice tek says San Francisco for the allotted five minutes, aud One, "two, u Boston sare, in his tarn:—“All right!” But withstand: the speed with which these of a clock fy from one side of our couti- : Ra Ry ay oY matinee Tg loss, e transuussion. ow to wrive at this loss and measure it ts the next jothing easter; ® second Wire is switcued Of starting, in sometuing less than sixty seconds of time, having, tu the in- sant date ex- jectri to speak, as easily as one measures a. in the world’s history has suci * and that this bes conclusion is due en- working of the Western Union ir with the dous atiea- y ‘Trace she ark the immense distances by the subtle fluid. The rouie FL] 3 it 5 i . z é g #0 lightly gilded ‘over from thro al Buffalo, 1 ib 5 omaha, ohevenna, "vane Ou and ie. ginta (Ty toy yy a ee bata single circuit. The places in italics ‘dove in ale cate where te arp ased to form the douvie oir oo ROT AG od Nontm@nxens LOORIXG FOR LAXD IN VinoiNta.— veral gentlemen the North were nere yester- “toting a on neta nha an express themselves hi our ‘himmate people. ‘to prefer the former over fecent “cold wi oi ar igi do hat it was ‘a be |. Hey ‘cou Monday, Virgiman,