The New York Herald Newspaper, April 27, 1869, Page 7

The of Property—Government Reperts of News—Advance of the Insure gents on Trinidad. Havana, April 21, 1869, The recent decree of General Dulce sequestrating the property of Morales Lemus and his coadjutors in the United States working in the interest of free Cuba was but the forerunner of a decree giniilar in Ma terms and affecting all those in any way impli- cated in the insurrection. Its provisions are exten- sive and intricate, and to the casual observer would appear likely to lead to “confusion worse con- founded” in everything touching the property men- tioned, They were evidently drawn up by persons either unacquainted with those principles upon which all law is founded or who do not care to consider them. One or two supplemental or explanatory decrees have already been issued, and these are cer- tain to be needed. From the jong published list of names of persons whose property 18 sequestrated, many of whom are now restdiag in New York, it is evident that the gov- exument here i much better informed or what is being done by the Cubans aud their friends in the United States than are the American preas, The Diario de la Marina of the 18th stated that the value of the property sequestrated, so far, exceeds $2,000,000—that of Moraies Lemus being haif a mil- lov, and of Fernandez Bramosio another equal amount. A weekly comic and satiric Sunday paper published to-day an extra (the first during its existence), with the tollowing extraordinary report, which derives ite chief value from tne fact that everything pub- lished here is first sancuoned by the goverament censor :—'*Late last night news was received by two distinct mediums—one 1s by telegraph and the other by despatcues brought by @ nuvul ofliver on tie steamer rom Nuevitas, y lelegraph we icarn that General Pelaez, in Ciwafuegos, uvorms the Captain Geueral that ne re- ceived @ COMmMuUn.caiion yesterday, signed by the dusurgent chiefs Junco, Casanvva and Viliamil, to the ellect that under the conviction of a fruitiess at- tempt Lo prolong their hostile atutude in favor of their patiia, they and their 600 men, divided in three Porous, were disposed co present themselves before Lue authority of Spain aud recugnize it accordingiy, surreiidering their arms, baggage, munitions, velil- cies, &¢., Ou the only condition that their lives be spared, submitting i all other respects to the deter- Lubation Spain might coe to, as likewise to the sealence the councils Of War lugut arrive at, being quite ready to undergo Whacever pepaity to which wey might be condemned, with the exception of the death penaity. Lf the proposiuon of submission were acceded to tuey Were wuung to be made prisoners ai a preconceried farm aud under the custody of the volunteer force, to Whose security and provec- on they would deliver themselves. General Pelaez Trephed in the affirmative, reminding them that he could omy grant pardon of the death penalty, and in ull other respecis in accordance the wull of the supreme goverment had to be carried out. ‘to-day, at twelve o’ciock, they ure to enter Cien- fuegos, escorted by tae volunicers, who have at last dorgiven them for their errors and impotence. The three chiefs will at once be cousigned to im- prisonment and subjected to a council of war, whose Sentence will be in consonance with their general conduct and acts in the tield, General Duice, in cousequence of the complete termination of the insurrection in Cienfuegos, gave orders last night that two battalions which were operating in tuat jurisdiction should march immedi- acely for the Central Department, The sealed despatches received last night by Gen- eral Dulce are not less important than those by tele- graph. The Commandante Geveral of Puerto Prin- Cipe, in view of the scarcity of resources in that town, decided on the 16th to form @ convoy of vehicles and empty ox carts, with a column of 1,000 men, to go and load them in Nuevitas and imme- diately reiuro to Principe. Meanwhile Brigadier Ferrer, with another force of 1,000 men, was to leave irom the same capital; and while the column of General Lesca went on by the old road the other ‘Was to leave by the railroad, thus avoiding all en- cumbrances on the way, and insuring the tree transit for the eariy re-establizhment of the via. Lesca was only two days on the way when he reached Nuevitas, without being attacked, despite the long way, until his force approached a@ deep ‘wood near Nuevitas, when the enemy fired heavy volieys at his convoy without showing themselves; but as soon as the soldiers were discovered to be near the enemy fled in precipitation, The column had one wounded, and suffered no other loss. On Lesca’s arrival in Nuevitas he found General Letona there, and to him surrendered the command. He then curried with him the vehicles and carts, and immediately started back to Principe by ratiroad in order to meet Ferrer, who, having to clear the road, could naturally not make @ murch as rapidly as Lesca had consummated, ‘the insurrection may be considered at an end in the Vinco Villas, It 1s said the rebels have gone to Tumas. To-day the 1,012 Catalan volunteers, recently ar- rived in the steamer } spaiia, leave for Nuevitas, as aiso the colored moniiized iorce, awe other journals of to-day contain the following Ls — ‘TRINIDAD, 18th.—The insurgents who were over- running tne Cinco Vill: pursued bythe troops, have concentrated in this jurisdiction, with the in- tent of taking thecity. On the 16th they approached by the main roads of Guaurabo and Boca; they could be descried from the house ter- races of the city. A few volunteers scared them. In the afternoon they reappeared in large numbers on the estates of Torrado and Cantero, muwbering at ieast 1,000, while the troops, including twenty-five horsemen, did not exceed 160 men. They were attacked with spirit, and the enemy left twelve killed, forty mules and many prisoners on the field. Nine Spaniards were retaken from them. The troops had only one wounded. ‘The steamer “py with uroops, has just arrived. The insurgents left yesterday towards the moun- tains, near the coffee plantations, or for Siguanca. mene Spon of Guaurabo continues intercepted by the rel ‘The coffee estates Nacimiento of Ignacio Puig have been burned, It is rumored, however, that just before the steam- er left ‘Irinidad the city was in possession of the revels, @ statement that is not relied on, aud at ail events they will not bave been able to keep it long. President Juarez Authorized by the Mexican Congress to Recognize the Cuban Insurgents as Belligerents. The following despatch was filed in the telegraph office in Havana by the agent of the Associated Press on the 17th inst., but was suppressed by the govern- ment authorities: The Mexican Congress has authorized President Juarez to recognize the Cuban tnsurgents as bel. ligerents whenever he thinks proper. Vessels bear- ing the Cuban flag are admitted into the ports of Mexico. Captain General Dulce and the Cuban Junta in New York—Confiscation of Property. The following is an extract from a private letter dated Matanzas, April 19, 1869:— The Governor has called a meeting for this even- ing with the intention, itis said, of compelling the people to sign @ protest against the proceedings of ¢ Junta in New York and to signily their adher- ence to the vernment. I wish you to make this known in advance that the newspapers may publish it, and that “forewarned you may be forearmed.” Contiscations continue in our midst. The residences of Messrs. Julian Arango and Gonzalo Alfonso have the seals of the government upon them. Every room in the house of the latter, as well as in the dwellings of the Marquis of Montelo, have been similarly marked, because at one time Don Jose Mestre, whose property has been confiscated, occupied them, Receipt Expenditures of the Junta Pas triotica de Caba in New York. JUNTA PATRIOTICA DE CUBANAS EN Nueva-York, April 26, 1809, To THE Epiror or THE HERALD:— As several exagerated reports have, from time to time, appeared in the daily papers about the amounts recetved by the Junta Patriotica de Cubanas, Thave, as treasurer of the same, been requested by the members to furnish the pubiic with a true state- Ment of receipts and expenditures up vo this date, which I h erewith give for publication:— be REOTIPTS. Donations received from citizens of Through Mrs, Colas, Horrni ni Through Mrs. M. and A. V. ‘Through Minses ord Throwgh Miss 8, San Through Mra, M. de Sherman and Miss Palms Through Mr. Sherman, from church in Brookteid, Total donations. .........« Grows proceeds from DeCordov proceeds two performances Total receipts. he., Blatonery, Prine 3 Beal and paper for 4 Kent Jerome theatre, two o Hire of costumes, music, &c., formances...., #6 e Zaid to Central Jina for relief of wick 1,300 09 ‘aid to M. Castello to buy supplies for wounded ... 260 00 ‘To balance on 2,274 24 ‘To balange on hand in gold. it nations of ai the iy our! Tig ine tering fuente for the games 1 complet: ye Comm ive concerts cities of the Union for the benetit of the Uxten conse are working hard to complete the necessary arrange- ments and Will soon commence operations, ‘The Rev. Mr. French, who was some time authorized by tie junta to form sub juntas in Wash NEW YORK HERALD, TUESDAY, APRIL 27, 1869—QUADRUPLE SHEET. has not as yet reported to efforts, peabenly for want ‘this junta is et m official the others that have been cefully, ANOS, ‘tre ington and other this junta the result of therefore Tete ie noticed ta ree Ge DB CASTE THE LIZZIE MAJOR OUTRAGE, Full Details of the Affair—Letter from Cap- tain Giles—The Schooner’s Log. m the New Orleans Picayune, April 30.) The following account of the violation oF the sanc- tity of the American flay and the out taking from that vexsel of two Cubans, one @ mere pay: 1s given by Captain Giles, of the schooner Lizzie Major. He algo details some brutalities on shore, re- volting to every human mind:— New ORLEANS, April 17, 1869. I desire, through your coiumns, to present to the public an account of @ high-handed outrage perpe- trated upon an American merchantman, on the 27th ult., while on her passage from Caibarien, Cuba, to New Orleans, by the commander of the Spanish frigate Fernando El Catolico, ‘Toe Lizzie Major suiied from Havana, March 8, for Caibarien, thence to New Orleans. Two Cubans, James Annibie and Ramon Rivas, took pi for the United States, having passports in due form, signed by the Captain Geaeral (Dulce.) They also shipped @ horse and carriage, Sis ropes of a friend who had previous!y left the isiand. At Caibarien the papers of the vessel and the passports of the passen- ore were accredited by the proper authorities, the jatter being allowed perfect liberty as to their move- menis. While at Caibarien, on the 15th ult, two men, father and son, were brought from Cay Frances, charged with an attempt to leave the island. A guard of vowunteers was placed over then, who demanded their instant execution, ‘ihe of the post went w_ telegrapa from Remedios to control the volunteers, During his absence the guard shot the prisoners, tore the clothing from their bodies and, alter dragging them tnrough the streets, leit them unburied. At the expiration of twenty-four hours the wives of the murdered men begged their bodies tor burial, when the ruflans refused them and, with the most opprobrious epiimets, threatened to shoot them also. A few days after fwo nen were Bilt by Ube same volunteers because one of them cried “Viva Cuba.” On the 27th the Lizzie Major sailed from Cay Frances at twenty minutes belore eleven A. M., Was hove to and bourded by a lieutenant from the above named Spanish frigate, being then ten leagues from port and twenty niies from the nearest land. He was accompanied by the tirst engineer, an Eagiishman, as interpreter. The oiticer 1uquired if there were passengers, to which the captain replied in the ailirmative and the passports were exhibited. He then demanaed that the hatches shoud be re- moved, that he might examine the cargo, which the captain refused todo. The lieutenant then returned to the frigate, carrying the passports with him. Af- ter considerable delay he came back and ordered the passengers to prepare to return to Caibarien, He again demanded the removal of the hatches aud was again refused. He threatened to take the horse and carriage and remarked that it was a great favor wat the vessel was not seized. Finally, upon the cap- tain’s urgent representation in favor of the lad Ramon Rivas, an orphan, on his way to join his trend, the officer permitted him to remain. Immediately afver the return of the boat to the frigate she came in charge of @ midshipman, wuo ordered the poy to get his baggage and go into the boat. The midshipman went tuto the cabin, fol- lowed by his boat’s crew, who rushed in, saying they came to take possession of the vessel ‘Ihe captain askea what all these men wanted in his cavin. The officer replied that they came after the baggage. They then returned to the frigave and allowed the Lizzie Major to proceed on her voyage, after a detention of three and a half hours, Alltmis took place while the American flag was flying aloft and against the protest of Captain Ulles. He sald to the oficer, “You should respect the flag under which I sail.” The latter replied, “We have got the biggest ship and the diggest guns and will W. GILES, do as we please.” '. Master of Schooner Lizzie Major. EXTRACT FROM THE LOG OF SCHOONER LIZZIE MAJOR, MARCH 27, 1869. ‘At6A.M. bove up anchor and proceeded to sea. At 9:40 A. M. discerned a large steamer to the north- ward, bearing towards us. At 10:40 A. M., in lati- tude 23 deg. 28 min., longitude 79 deg. 28 min., and nineteen miles from the nearest point of Cuban coast, she came within acable’s length and fired a gun as a signal for us to heave to. Sal was reduced and vessel hauled to the wind in compliance to sig- nal. A boat was lowered from the corvette, in charge of two officers. On coming aboard the manifest and passports of passengers were demanded, After arigid examination of the papers the officers in- formed the master that Mr. James Annible and Mas- ter Ramon Rivas, with a horse and buggy, would be taken on board of the steamer and transierred to Cuba, upen the basis of the #bove mentioned not being endorsed on the Spanish sea letter. (I'he pas- sengers, with the horse and buggy, were regularly cleared’ in the Custom House at Havana.) The officer then ordered the master to lay by until he could communicate with his commander. After an hour's absence the officer returned aboard and orderea the ngers in the boat, and insisted on the master opening the haiches, to which the master objected. After some hesitation on the part of the officer he said, in consideration of the age of Master Ramon Rivas he would not take him away, and also stated that his commander would have seized the scheoner had he not complied so readily to the signal gun, to which the master replied:— “sir, being on the high seas and out of your jurisdic- tion. I protest against you or yours from touching or removing any passenger or cargo from my vessel; and, should you insist, the act will be reported of- cially, and your government held responsible for all a that may arise through this illegal deten- tion.’”? The above protest was of no effect. Ihe elder passenger was taken of the steamer, and the schooner ordered to remain by until further orders. A third boat came alongside and took Master Ramon Rivas, and the vessel was permitted to proceed on her voyage. She proved to be the Spanish corvette Fernando El Catolico. MUNICIPAL AFFAIRS. Board of Aldermen. This Board met yesterday evening, pursuant to ad- journment, with the President, Alderman Coman, in thechair. A large number of papers were received and laid over or referred to the appropriate committees. Among others were a resolution in regard to certain small fry papers applying for the corporation adver- tising; a veto from the Mayor rejecting the Irish Tribune a8 & corporation newspaper, on the ground that it had not achieved any reputation or position here since its removal from Philadelphia, and also that the appropriation had been exhausted. Another resolution, directing that the rooms occupied by the clerk of the Board of Assistant Aldermen be fitted up for the use of the Mayor’s Mershal was laid over, A resolution grant- ing permission for the construction and maintenance of salt water baths at the Battery was laid over. A number of resolutions in regard to regulating and ‘ading certain streets up town, laying gas and Secon mains, were adopted, as were also resolutions to pave Forty-seventh street, from First avenue to East river, and Forty-sixth street from Third to Lexington avenue, with Belgian pavement. The resolution requiring the Counsel to the Corporation to examine into the fact at to whether other States in exacting fees or taxing commercial travelers from this city had net violated certain national or constitutional guarantees was re- ferred to the Committee on Law, and the Board adjourned unttl Monday next at two o'clock P. M. Board of Assistant Aldermen. ‘The Board met yesterday afternoon, the President, Mr. Monaghan, presiding. After the minutes of the previous meeting had been read and approved a number of unimportant resolutions were presented and referred to appropriate committees, A motion to reconsider a resolution adopted at last mecting increasing the pay of the inspectors of sewers in tne Croton Aqueduct Department trom four to five dollars per day was adopted and the paper subsequently laid over. OPENING OF MADISON AVENUE. A resolution was adopted declaring t tual opening of Madison avenue, from Eighty-sixth street to 120th street, take place on the 1st of May. DONATIONS. ‘The Comptroller was directed to draw a warrant in tavor of the treasurer of the Roman Catholic Or- phan Asylum for an amount sufictent to redeem the institution from sales tory ments and to pay ail other assessments. The following donations were also made to the subjoined tnstitutions: Sisters of Charity, of St. Mary's churc! Herean Bepiist church. ee St. Ann’s church, Eight street BELGIAN PAVE! The Croton Aqueduct Department was directed to pave the followig streets with Beigian pavement:— Stone street, from Whitehall to Broad street; Forty- sixth street, between Lexington and Third avenuts; Sixty-sixth street, from Third to Fifth avenue, and Kighty-fourth street, between Fourth and Fifth avenues. Alter a few unimportant papers were adopted the Board adjourned til Monday. CONVICTION FOR MURDER. The Case of Henry Welcome, of Vermont. Henry Welcome has been convicted at Burlington, Vt., of the muroer of Perry Russell, a man seventy- six years old, in Hinesburg, last October, for the purpose of robbery. The testimony was fatali decisive anim him, That of old Mra, Russell. the wife of the murdered man, was very pathetic. The points made were th he knew where Mr, Russell kept his money; that he, or a per- son appearing like him, was seen in suspicions prox- imity to the scene on the evening before the murder; that after it he stopped at a house under the name of & brother; that when arrested at Northfield biood was found on hs coat and shirt bosom; and dnally, his voluntary admission of his it to @ feliow county jail when planning to escape, prisoner in one of his conversations to t heard by an officer praced for that come is acalm, impassive young man, of not more than eighteen and looks very unlike a brut years, tal murderer. He received the verdict with utter stolidity, and an hour after was Playing cards with his fellow prisoners as if pomiag 5 jad bi ed, His father, who, according to his fellow fac: count, he accused of taking Mr. Russell’s money after the murder, was near him during his trial, NEW YORK CITY. “TRE COURTS. UKITED STATES CIRCUIT COURT. Tho District Attorneyship—Mr. Edwards Pierrepont Assumes the Oftice—The Fuller- ton Case—The Union Pacific Railroad Litl- Before Judge Blatchford. At the opening of the court yeateraay morning the retiring United States District Attorney, Mr. Samuel G, Courtney, accompanied by the new appointee, Mr. Edwards Pierrepont, entered the court room, and as soon as Judge Blatchford had taken his seat, Mr. Courtney, addressing the court, said:—May it please your Honor, the President of the United States having appointed the Hon, Edwards Pierre- pont United States District Attorney for the South- ern district of New York, and the Senate having confirmed that appointment, 1 have now the honor of introducing to the Court Mr. Pierrepont, as I understand he is prepared to take the oath of office, aud | am pre} to hand to him all the archives of the office of District Attorney of this district. The two oaths—the “iron-clad” and the regular oath of ofticc—were then taken by the new District Attorney. THE FULLERTON CASE. Mr. Pierrepont then, addressing the Tourt in his new capacity, said:—It your Honor please, tie first duty that now devo:ves upon me 18 to call up the in- dictinent in the case of the United States vs. William Fullerton, and to ask the Qourt to set down that case at the earliést day your Honor may select. Judge Blatchford—Have you noutied defendant's counsel of the application? Mr. Pierrepont—I am informed that defendant’s connpe) were notified, and tat they are now in court, Mr. Ciarence A. Seward—Any day the Court may assign in June will be agreeable to defendant and to his counsel, 4 Mr, Pierrepont—Any day in June, however early, the United States will be ready Jor trial; we will leave it to your Honor to determine. Judge Blatchford—Judge Nelson, in conference with Judge Kenedict and myself, and with the Attorney of the Umted States, and | believe, after communication with defendant’s counsel, has at the request of the government aud of the defonce consented to sit on the trial of this case, in consequence, however of indisposition Judge Neison will be unable to sit auy more in court during the present term. fe has been obliged ta return home immediately, and there- fore all the matters that had been assigned for hearing before him last week or this in- cluding the argument in the Union Pacific Ratroad case, will have to be suspended tll his return. On Whatever day he may decide on being here in June Will be announced, so that all partes will be in- formed of it. lam instructed by Judge Nelson to say that im the case of the indictinent of the United States vs. William Fuilerton and others, he assigns it for trial on the second Monday of June next, which will be the 14th of June. Whether he will be able to be here earlier for the purpose of hearing the mo- tons On admiralty appeais that are on the calendar 1s uncertain, and wil depend somewhat on his own feelings and the state of his health, But this Fuller- ton case he has set down for the 14th of June, at which time bo.h sides will be expected to be ready. TRIAL OF CRIMINAL CASES. Mr. Pierrepont then announced tor the information of counsel engaged in the defence of parties await. ing triat and imprisoned in the interval, that he will on the opening day of the May term—Monday next— mae in those cases in which the parties are now in prison. THE ASSISTANT DISTRICT ATTORNEYSHIP. In relation to any changes in the assistants in his office District Attorney Pierrepont subsequently said to representatives of the press that he would not definitely determine the matter for some days, and that when he had arrived at a conclusion all the names of the new appointees would be made pub- lic simultaneously. Inthe meantime he would oc- cupy the time in acquainting himself with the details of the office and the nature of the duties required of those attached to It. Witn regard tothe principal assistant under Mr. Pierrepont in the office it is surmised that Mr. Stan- ley, one of the members of the law firm of which Mr. Pierrepont has been the head, will be the man to succeed Mr, Ethan Allen in that post. Mr, Allen, afier eight years of coutinnous and valuable ser- vices—particularly connected for the last few years with the most important business of the office, in the Custom House lawsuits—resumes the practice of his profession, nothing loath to leave the drudgery of routine official life to enter upon the more active Sel eanate career of an independent professor of ie law. SUPREME COUAT—CHAMBERS. The Case of Captain John S. Young—Argu- ments of Counsel. Before Judge Cardozo. The People ex rel. John §, Young vs. The Board of Police.—The argument of this case, in which ex-Cap- tain John Young asks to have the judgment of the Board of Police discharging him vacated, came up yesterday. Counsel for the defendant contended that the ac- tion of the Board of Police in refusing to regard his resignation as effected was merely for the purpose of degrading him and was contrary to the policy of our law, which doesnot seek to keep men in office against their will, and contrary to the Police act, which expressly recognizes the right of police officers to resign at their own will, That, though Mr. Young did not ask restoration to the police force, and so not pecuniary relief, his demand was for substantial relief, as the record of the jndgment would be a continual siur and disgrace to him, and would, if allowed to stand, be brought agalast him in the future, He argued that mandamus was the true remedy im such cases, citing, with many other cases, the old police suits. That the Police Board was utterly without power over Mr. Young after his resignation, whether considered as complete at the expiration of five days from the absence from duty on the 15th, or at the formal resignation on the 17th, or even at the expiration of five from this latter date. That the Board which purported to try him was incompiete through the absence of the President, claiming that the President's presence ‘was necessary to any action of the Board, Mr. Vanderpoel, in reply, urged, first, that man- damus was not a proper remedy, because it was never granted where it was useless, as it would in this case, since Mr. Young did not ask to be stored, and the Board had no power to alter their records, It was never granted to review a judicial proceeding the proper remedy for that was by certiorari) uniess the peerenine were entirely without jurisdiction, in which case a Mandamus might isne to restore the previous circumstances, not to reverse a nullity, As to the q@estion of resignation, Captain Young's was shown by no act until the 17th. Up to that day he retained his siicid and showed no intention, whatever might be the rumors in the newspapers, to do so. His resixuation wus that evening given to the clerk, but the clerk could not accept it; all he could do was to communicate the letter to the Board, which he did on the morning of the 18th. Such resignations re- quired an affirmative act of some kind by the re- cipients to make thei complete. The Board refused that acceptance, and at any time, the five days ot absence commenced from then, and the trial was within those five days. As to whether that trial was fair or not could onty be argued ou certiorari. Mr. Vanderpoel argued that the presence of the Presi- dent was not 0 ssary to a quoram of ihe Board. ‘the Court reserved its decision. MARINE. COURT—PART |. Action for Defamation of Character. Before Judge Gross, Mann vs. Kocker.—in this case the plaintid sued for damages sustained in being catled athief. His evidence was that he hired a furnishd room for de- fendant, and that one evening, in assisting a fellow lodger to move, no notice having been given to the landlord, the latter calied him a thief, and that in consequence he lost his situation. The defendant deni this, but admitted having said that was the way loaters or thieves moved, without giving notice, Plaintu’s former employer was also called and stated that the cause of his discharge was owing to neglect of business, Judgment for defendant. Alleged Assault—The Boot on the Other Lea. Sutton vs, Wingrove.—The plaintuf, a milkman, who stabled with the defendant, toid a terrible story of being assaulted with a pitchfork and de- fendant’s hmm ng Defendant's evidence, which was ep ha by @ number of witnesses, went to show that the assault was on the other side, leaving him with a couple of black eyes, for having said that plaintif, or his boy, had been taking feed which did not belong to them, Defendant's evidence further went to show that this was @ weakness which piain- tif had been troubled with on many 1008 OCCR sions, and which no testimony was offered to rebut, Judgment for deiendant for costs. COURT OF GENERAL. SESSIONS. Before Judge Bedford, Assistant District Attorneys Hutchings and Tweed appeared for the prosecution. Maria Brown, who was charged with stealing & pocketbook, containing three dollars, from the per- son of Margaret Boyd, on the 8th inst., in a church Bruni wad gy Wo pb ata)” a Nt ny, and 10 view of her Gelteats condition of ath Me Honor sent her to the Isiand for six months, where, le said, #he Would be well taken care of, FIRST DISTRICT CIVIL COURT, Important to Insurance Brokers. Before Judge Quinn. the Corn Exchange Insurance Company %& Henry Emmons et at,—In this case Judge Quinn has delivered the following opinion:—ihe facts proved in this case show, beyond any reasonable doubt, that the defendants through one McLeod, an insurance broker, affected a policy of insurance on merchandise. at No. 18 Snrnce atreat. for €2,000, The premit agreed dollars. The pou ndated May i, 188 wes — out and exe- cuved by the company, and delivered to the broker, who presented it to ‘the defendants and received from tnem the forty dollars agreed upon. ‘the em | fauied to pay the premium over to the pany, and the company sued the defendants for it, claiming that @ payment to the broker was not a payment to it. The question thus presented on these facts is, can the broker be t for both the asgured and the under- writers at the same time? There been @ very care- fuljand well considered argument presented to me on thisquestion. I have examined the authorities cited to me and do not tind a they have much bearing upon the question. speaking, @ person cannot be agent for the two principais ry @ contract, fle can act for the person who employs him. But this rule has its limit and qualification, and is not absolute, Mr. Phillips, in his ‘Treatise on Insarance” vol. 2, 1850, ed., of ee _ says:—" #ame person may be agent of both assured and the underwriters; in cases where he acts a8 agent of the assured in making the contract with the underwriters and fixing 1s terms he may then become ther agent to deliver the policy to the assured and receive from him the premium.” ‘This occurred in this case, See the opinion of Mr. Justice Allen in case of the Utica Insurance Toledo Insurance Com; reported in 17 Pp. 276 (cited with approval by Chief Justice Denio in Kernan, p. 92, Court of Appeals reports), The de- fendants are therefore entitled to judgment. Mesars. Platt, Gerard and Buckley for the pl: Jobn Henry Hull for the defendants. COURT CALENDARS—THIS DAY. Ber el oo Ornours-Part 2.—Nos. Ped . 1215, 1300, 212, 41 962, 164i 1104, 1767, 625, "dst tate 1000" 1000" oul, isi é gSrHClal. Teia.—Nos. 214, 166, 214, 242, 321, 196, RINE COURT—TRIAL TERM.—Nos. 2296, 2239, 2618, 2001, 2574, 2504, 2573, 2575, 2612, 2626, 2627, 2628. CourT OF GENERAL SEssIONS.—Th le vi Thomas Nolan, James Harper, John H, Shendat, burglary; Same vs. ‘Thomas Brown, Philip Man- heimer, grand larceny; Same vs. Thomas Smith, Pat- rick We'sh, grand larceny; Same vs. Floyd Franklin, grand larceny; Same va, Emanuel Gottschalk, big- amy; Same vs. Louis Schwender, George Fenn, Jon Fehn, felonious assault and battery; same vs. John ‘Tyler, felonious assault and battery; Same vs. Morris Loeb, Edward Wilson, burglary; Same vs. Lewis White, burglary; Same vs. John Williams, burglary. CITY INTELLIGENCE. Tue WEATUER.—The following record will show the changes in the temperature for the past twenty- four hours, in comparison with the corresponding day of last year, as indicated by the thermometer at Hudnut’s Pharmacy, HeraLp Building, Broad- way, corner of Ann street;— 1868. 1869, 1868, 1869. 44 63 3P.M. «+ 69 76 47 74 54 67 58 65 Average temperature yesterday... 6835 Average temperature corresponding day last yr. Shade Average temperature On 5unday............0-+ 5856 Average temperature corresponding day last y’r. 4474 FIRE IN SPRING STREET.—A fire broke out about three o’clock yesterday morning in the fancy goods store No. 262 Spring street, causing a damage of about $600. Insured for $1,000 in the Rutgers In- surance Company. Founp DRowNED.—The body of an unknown man, which had been a long time in the water, was yes- terday found floating at the footof pier 58 East river, Coroner Keenan was notified to hold an in- quest. BurGLaR SHoTt,—A man named James Durgan, aged nineteen years, who resides at No. 354 East Thirty-second street, and who 1s alleged to be a burg- lar, was last night shot and wounded slightly by officer Fallon, of the Twenty-first precinct, Durgan was attempting to escape from the officer at the time. The wounded man was taken to Bellevue Hospital. SuppEN DEaTH.—A man whose name 1s unknown yesterday afternoon entered the office of Charities and Correction, corner of Third avenue and Eleventh street, for aid, and while in waiting was taken ill and died soon afterwards. The body was removed to the Morgue, where Coroner Schirmer wili hold an inquest to-day. Death, doubtless, resulted from natural causes. CURIOSITIES FOR THE PARK.—The schooner Eliza J. Staples, which arrived at this port yesterday from Demerara, had on board a South American tiger, besides a large number of monkeys and birds, sent by the United States Consul at the latter place to the Park Commissioners. The collection is a very rare one, as great pains had bee. taken to secure only those species which are not ordinarily to be found in public museums, AID FOR THE CUBAN REVOLUTIONISTS.—The grand fair in aid of the wounded soldiers of the Cuban patriot army will be inaugurated this evening at Apollo Hall, corner of Twenty-eighth street and Broadway. Mayor Hall! will deliver the opening address. The enterprise is entirely managed by ladies, some forty in number; some are Americans and others Cubans, who are known under the title of Junta Patriotica de Cubafos. The affair is worthy of the liberal patronage of our wealthy citizens, No MuRpER.—James Howard was arrested on sus- picion of assaulting and fatally beating John Brown in Reade street, as reported in yesterday’s HERALD. Coroner Flynn held an inquest, when Dr. Shine made a post mortem examination on the body. No marks of violence were discovered, and from the appearance of the internal organs death resulted from apoplexy. A verdict to this effect was rendered oF the jury. Coroner Flynn accordingly discharged loward from custody. LECTURE FOR GIRLS AND Boys.—Mr. Paul B. Du Chaillu, the explorer of Equatorial Africa and lec- turer, will deliver another of his interesting and instructive lectures for girls and boys at Steinway Hal! at four P.M. to-day. The subject wiil be the cannibal tribes, how they live, their vill and an account of a residence among them. The lecture will be illustrated with maps, diagrams and thirty large paintings. This will ve @ rich treat for the young folks, Po1ice TRIALS.—Judge Bosworth presided at the police trials at the Central Office. The following oMcers were excoriaced yesterday morning:—Wii- liam Stedman, violation of rules, fined one day's ay; John Reed, two days’; Patrick Gaffney, two 3; Alfred L. Battersby, three days’; George Bur- leigh, two day's; William Hannon, two day's; Thomas Kiernan, one day’s; Robert G. Gibson, two day's; James Marrin, two day’s; John Green, two day’s; John O'Neil, one day's. James Moran and George W. Bentley were reprimanded, and the cases of James Clark, David J. Pillsworth and Henry A. Signa were referred to a full Board, ‘THE OPERATIVE PAINTERS’ ASSOCIATION.—A regu- lar meeting of the Mutual Benefit and Protective Society of the Operative Painters was held last night Demit Hall, corner of Second avenue and ‘Twenty-third street. The business generally was of a routine character, At the last meeting it was determined to demand $4 60 per day of ten hours, and last night reports were asked from the various shops as to how the demand had been treated by the employers. Some forty or more shops were heard from, and by far as process, portion of these were stated to have agreed to bay the wages asked, while the minority of the “bosses”? were said to have notifed their willingness to meet the demand if it was found that employers generally conceded to the request of the workmen. Some few employers were stated to be paving four doliars per day for eight hours, which seemed to gain the approval of. the meeting. Tue Board or H#ALTA.—The Commissioners of the Board of Health met yesterday, G. B. Lincoln, President, in the chair, Colonel Bliss reported seve- ral nuisances, and requested that the police be re- quired to give effect to the ordinances of the Board of Health. Referred to the Police Commissioners. The Sanitary Committee reported in favor of the prayer of various petitioners, asking permission to drive cattle through tne ety below Forteth street. The report was adopted, Mr. Lincoln votin; in the negative. A_ report was _ receive from the Sanitary Superintendent, complaining of a large number of retail dealers for violating the ordi- nance in reference to dangerous kerosene and ben- zine now commonly offered for sale, Dr. Smith moved that the counsel of the Board be authorized to prosecute in all cases of such violation. Dr. Stone seconded the motion, which was adopted. A com- munication was also received from the Sanita Superintendent in reference to instances in whic! the glanders has attacked human beings. Fatal RAILROAD ACCIDENT.—Coroner Schirmer yesterday held an inquest on the body of George McGuire, @ lad six years of age, who died from the effects of injuries received on Thursdsy last by being run over by a car belonging to the Hudson River Railroad Company in Tenth avenue, near T! street, as heretofore reported. The evidence showed that deceased, in endeavoring to get upon one of @ number of cara passing down, to which @ dummy engine was attached, {el before the wheel, which passed over his body, in- ficting fatal injaries. The juty, after hearing all the testimony, rendered @ verdict of accidental death. The parents of deceased live at No. 73 Tenth avenue. The conductors and other attachés of the Hudson River Railroad Company have great trouble with boys jumping aboard empty cars as they are passing oe ae down Tenth avenue. They are fear- ul of frightening the boys, lest in jumping oif they 2 fall under the wheels of the cars an Tar Board oF Excise.—This Board held their regular weekly meeting yesterday afternoon, the President, Judge Bosworth, in the chair. The licenses of Frank Davey, No, 448 Eleventh avenue, and Jobn Miller, northeast corner of Graham avenue and North Second street, were revoked. The attor- ney, in speaking of the diMiculty experienced in col- lecting fines in ns county, suggested that the license fees in that county should be reduced to rate $100 for ao and fifty dollars for beer, Com- missioner brennan remarked that he failed to fee the justice of the suggestion, without the reduc- be run Kings and Richmond counties, He was unable to see why @ local! which gave the Board troubie should a ag while the liquor deal- avi ers in New who are eosate eat pay their fees 24 Sere made 0 pas the full fgure, Fair , in hi! shure act aeaee pposed to be in all other worldly affairs, ar RECEPTION ON GOVERNOR'S ISLAND.—The Sliver Wedding of General and Mrs. Wallen took place yes- terday on Governor's Island. The affair-was quite impromptu and originated with the officera of the garrison and other friends who were desirous of tes- fying their appreciation of his worthy qualities and those of his amiable wife and family, his solitary capacity and the uniform courtesy he had extend to both officers and men as commandant of the post. ‘The occasion had naming pe the character ol & Wallen, whois in mourning lor hes miter liga sh 01 lor her sister, whom she has recently lost. A few friends from New York were present, among whom were Mr. and Mrs. Law- rence Waterbury, Erastus Corn! Mr. and Mrs, Mr. Doremus, Miss Clara Haight and Miss Center. Among the oMcers were Brevet Major General Rurus tn Quartermaster of this ler General Laidiy, of the Ord- partment; Bi r ce ent; Lieutenant Colone] Charles Page, of the Medical Department; Major Quimby, Bre- vet aloe Boscom, iieutenant Seventeenth United States infantry; Lieutenant Waller, Third artillery, and Assistant Surgeon Hall. Soon after the guests had assembied a deputation from tne soldiers of the eae entered and presented Mrs. Wallen and the neral with two superb silver sugar bowls, a centre plece and a beautiful bouquet, accompanied by an address from one of the soldiers, which was re- sponded to in @ neat and manly speech by the Gene- ral. On a table in the drawing room were arranged humerous other presents of sliver. An elegant re- pe was provided and the band discoursed delight- ‘ui music on the lawn in front of the house. POLICE INTZLLIGENCE, ALLEGED HIGHWAY RoBBERY.—Michael Sells, a lately arrived emigrant, preferred yesterday, before Justice Dowling , at the Tombs, a complaint of high- Way robbery against Michael Friel and Patrick Cleary. He says that at one o'clock yesterday morn- ing he was coming up Greenwich street, when Friel suddenly grasped both of his aris from bebind and held him while Cleary took ten dollars from his vest pocket. The accused, who were arrested by officers oher and Flannigan of the Twenty-second precinct, andjwho denied the charge madejagainst them, were ach committed in default of $2,000 bail to answer and the papers ordered to be sent forthwith to the Court of General Sessions. THE LUTHERAN CuUrcH TREASURER.—Sergeant McDermott, of the Jefferson Market Court, yester- day arrested on his discharge from Ludlow street jail, where he bas been held on another offence, Frederick Walroth, late treasurer of the Swedish Evangelical Lutheran chureh of Gustavus Adolphus of New York, on the charge of embezzung $2,900 of money belonging to the society. The alieged em- bezzlement occurred on the 22d of November last, and the complainant Hanbury Smith, of No. 35 Union square. The particulars of the case have been already fully set forth in the HERALD, The accused entered into ball in the sum of $6,000 to answer at the General Sessions, DARING ATTEMPT AT ROBBERY.—William Smith, who gives no residence, yesterday afternoon entered the grocery store of Hermann Wobrmann, 414 Eighth avenue, and while the grocer’s attention was at- tracted elsewhere attempted to force open the money drawer. Being detected by Wohrmann, who at- tempted to intercept his escape, Smith seized a butcher knife and threatened to kill him. He was followed to the street and pointed ovt to ofticer Mar- phy, of the Twentieth precinct, by whom he was ar- rested and arraigned at Jefferson Market, and by Jus- tice SD ee eats in default of $1,000 bail, to answer at the General Sessions. BURGLARY IN HESTER STREET.—A young man named John Turner, well known to the police, was arraigned yesterday before Justice Shandley, at at the Essex Market Police Court‘on a charge of burglary. The complainant was Mrs. Sarah Nathan, of No. 99 Hester street, who charged John (in company with another man) with havi burgiarously enterea her house and stealing there- from property of the total value of sixty-four dol- lars, It appears that on Saturday ht, while in the basement of the house, Mrs.gNathan heard some one walking about in the parlor overhead. Going up stairs she saw two strange men operat- @ trunk and she at once shouted “Watch.” John came up to her, struck her in the face, and both men immediately ran of. She subsequently described the thieves to ollicer Hogg, of the Tenth precinct. The officer arrested Turner on Sunday, and when Mrs. Nathan saw him sue re- cognized him as one of the burglars. ‘The Justice fully committed the prisoner. THC FOURTH WARD MURDER CASE. Coroner’s Inquest—Verdict Against the Prise oner. An inquest was held by Coroner Flynn and a jury yesterday at noon, in the station house of the Fourth precinct, over the remains of Thomas Hughes, who was killed by one Emil Butts on Saturday afternoon at the lodging house No. 15 New Chambers street, a fall account appearing in Sunday’s HERacp. Mary Hill was the first witness called, and testified that she was an inmate of the house 15 New Cham- bers street and lived there with the prisoner, Emil Butts, at the time of the affray; on Friday morn- ing preceding the shooting Hughes came to the room of tue witness, which she occu- pied in common with the prisoner, and accused Butts of telling lies about him and said that he (Hughes) would take it ont of nim; Hughes came into the room in a violent manner and was deter- mined upon a dispute; on Friday evening Hughes was in the barroom; this was about half-past eight o’clock, and he approached her and struck her with @ chair, and called her names and otherwise abused her; he was a little intoxicated; at that time Butts did not interfere; after this Hughes then took hold of Butts and spat in his face; this was all that oc- curred then; the next morning they met agatn ; at two o'clock that afternoon (Saturday) Hughes came to her room and culled Butts out; Butts declined to ga out; Hughes then came into the room and threat- ened to throw Butts out of the window, and made a move to do so; the prisoner told him to go out, and he shortly after went, saying as he was going, to the prisoner, “I will cut you up;”’ about four o'clock later the same afternoon Hughes came into the bar- room with a plate of fish; Hughes’ wile calied him up stairs to their room, whither he went; in fifteen minutes he returued, having changed his shirt from @ white one to ared one; he began to talk angrily to Butts, seeking @ quarrel; but the prisoner said he wanted nothing to do with him, and would not fight; Hughes got up and went after the prisoner*who stood in the door, and Butts said, “For God's sake, go away; but Hughes did not, as he was asked, and while the prisoner was still in the door he (Ldughes) told him to move or he would shoot him; Hughes then grabbed the prisoner, who turned and shot him; both were on the sidewalk when the shot was fired; Hughes did not fall, but returned to the barroom, and soon afterwards ex- claimed, ‘i'm shot; Butts didn’t foliow him; and he did not habitually carry a pistol, but had bought the one he used that morning, The witness gave her testimony in a clear, positive manner. She has aloud appearance, though, perhaps, she is a fair specimen of her class, Gustave Pileger, the keeper of the house No. 15 New Chambers street, and a young German of rather ing appearance, testified that he kept fur nished rooms for females at the house where the shooting occurred; the prisoner had iived in that house for it months with Mary Hill, white Hughes had lived there oniy two or three weeks; Hughes had a dispute with his wife on Friday even- ing while intoxicated, and at the same time he struck the last witness, Mary Hills, with a chair; he then said, “I’m sorry { hit Mary,” and addressing Butts, exciaimed “Get up and fight for her!” Butis would not fight, and he soon rose and went out; the pd living in the house were prostitutes, but he jidn’t keep a house of prostitution; that eveniag he saw Hughes spit in the Prisoner's face, and Butts said, on account of the disparity in their respective frames, he could not fight; Butts did not return that night; before going he told him, the wit- ness, that if he did not keep Hughes out of his room that he would leave the house; on Friday Hughes deciared that he would “puta hole through Butts before long; Butts was afraid to go out, and then went Saturday morning and bought a pistol, which he showed to witness; prisoner said that he was going to make sure of Hughes; on Saturday atter- noon Hughes again tried to ei Butts in @ quar- rel, bat the latter declined: then he saw them go the street and heard the shot fired; the prisoner about to run up stairs when he was arrested; the morning when he showed him, the witness, the pistol, he said it was loaded. «(The witness here identified the pistol in the coroner's hands as the one he had seen in the possession of the prisoner.) John Fay, of 62 Madison street, dealer in second hand furniture, being duly sworn, testified that on coming down from Nassau street he heard a shot and went to 15 New Chambers street; he recognized the pH? as the pg he had seen with a pistol in his hand at that time. Cornelia Hughes, a witnesa of the same character as the witness Hill and equally unsightiy in appear- ance, testified that she was the wife ot the deceased; on Friday he had @ quarrel with her about font which A p Butts ng 2 regardi im; Satu morn es ‘was drunk, and while in this state he went to Batts’ room and wanted to quarrel, but witness ity he went down stairs about half-past three o'clock and said to Butts, “How do you feel?” Butts was in the door; Hughes said, “Get out of the door or I'll make you;” ‘hen the prisoner went out a few steps and fired; Hughes was very drunk at the time, Anna Greaenwald, being sworn, said that she lived at No, 15 New Chambers street as a servant 7 $04 bad Sermerty Kays the Ronen, She corroborated the the preceding testimony witnesses. = jos D. Brinkman corroborated the testimony of in Fay. Tacod Linehatt, No. 184 Hester street, bark: in Melrose, swore that as he was going through Wil- lam street, at jour o’clock Sat afternoon, he heard and saw the shot fired; H sald, ‘Come in, or I'll kill you;” he attacked and attempted to drag him into the house, and then the prisoner fired. Patrolman Valentine Horst, of the Fourth pre- cinct, was then sworn:—While stand atthe cor- ner of Rose aud New Chambers streets he heard the shot fired, and reached No. 16 in time to arrest the axed Butts who asst Higher’ and the priser te shot Hug’ and the mer re- plied, “I did; “What fort ne further iked: “Be- cause of @ growl inside,” was the answer; arrested a rig ogre to she Saree house, ae mony offered was purely of a medical character, going to establish the fact of Hughes’ death by a pistol shot wound. The jury re- red at three o'clock, and ina few minutes returned with the verdict, ‘That Thomas Hughes came to his death from a pistol shot wound at the hands of Emil Batts, on the 24th day of April, 1869.” The prisoner is a mild, harmless looking Ger- man twenty-four years of 5 id sponge to questions said. that he nad been six wr in America, and had served in the United States Navy on board the Michigan, the tron-clad at Buf- falovand lkewise on board the Manhattan, Deanting as a landswan and rising to the grade of petty officer. Since Some to the United States e had also been & ler; but at the time he shot Hughes he was doing nothing, having been sick, Butts declared he had never been in trouble before, and he by no means appears a formidable man, showing unmistakable marks of severe illness and impaired physical strength. His case excites a good deal of sympathy, and nis modest demeanor will gain him many friends. THE MCORMICK MURDER CASE. Inquisition Before Coroner Schirmer—Testle mony in the Case and Verdict of the Jury. Yesterday afternoon Coroner Schirmer held an ine quest at his office at the City Hall, in the case of Patrick McCormick, the young man who died in the New York Hospital trom the effects of stab wounds of the abdomen, inflicted by William Nicholson dur- ing a quarre! between them In front of premises No. 82 Mulberry street. The case has heretofore been published in the HERALD. Subjoined will be found the most important portions of the testimony and the verdict of the jury:— TESTIMONY OF PATRICK M’GOWAN. Patrick McGowan being duly sworn say3:—I re- reside at No, 76 Mulberry street and am a cooper by trade; myself, Patrick Nicholson and Patrick McCor- mick, the deceased, were standing in front of No, 82 Mulberry street about twelve o’clock on the night of Wednesday, the 21st of April, 1869; one of them proposed, I think Patrick Nicholson, that we should go in the soda water saloon kept by Patrick Cullen, to play a game of “bluff; when we all went in one of the party proposed to play a game at enchre; the deceased refused to play, as he did not understand the game; the proprietor said it was too late to begin to play; Patrick Nicholson and the deceased sat down to play a game of euchre, when Mr. Cullen again said that it was too late and they had better go home; the accused, who was sitting on a bench opposite the table, was asked whether he would join in a game of plutf; he answered that he would; some one of the party asked me if I would play, when I replied that I would not; at this time the caras were on the table; I was ‘sitting near the table reading the HERALD; shortly after I dropped the paper and looked on the game; aftera few deals they went the lowest hand for a drink; Willlam Nicholson, the prisoner, lost and they had drinks; they went on playing, and some time afterwards they again went for the worst hand to have drinks, and the prisoner was stuck again; at this time the prisoner had 1ost nearly all the money he had; he then asked his brother to put up his point in the game, and he did so and lost that also; then Patrick Nicholson told his brother, the prisoner, that he had better stay out of the game; so the prisoner dropped out of the game and went to Patrick Cullen, who was at the bar, and borrowed some money from him; the pri- soner then came back, and, placing a pile of pennies m the table, commenced to play again; they played on, and again went the worst hand for a drink; when the deceased lost the drinks, consisting of ale or beer; they played on and by this time the prisoner was winning; a short time after they again played for tne worst hand to treat, the prisoner losing this time; the proprietor brought the drinks and the prisoner paid him, when they began another hand; deceased bet on the at when Patrick Nicholson bet a little more; William Nicholson said he would go half a dollar better; deceased said he had _ better put his money up; the prisoner said his word was worth haif a dollar; McCormick said, “‘No, I wantto see the money up; the prisoner said he could take his word for it or take the pot; the deceased did 80; the deceased asked if he could not borrow the money of his brother or some one else; the prisoner answered that he did not want to borrow of any! 3; the de- ceased took the money; they then went on playing jain, the deceased di the cards, and Patrick ‘icholson bet; the prisoner also bet; the deceased, I think, bet ten cents higher; Patrick Nicholson stayed out of the game, and the prisoner said he would goa dollar better; the deceased found fault because the dollar was not on the table; the prisoner told the deceased he could take it, and stayed out of tne game; they again went the worst hand for the drinks and the deceased lost; he paid the proprietor Ce Ad this and the previous round of inks; they ed on @ few more hands. and i’atrick Nichol lost; by this time Willlam Nicnolson, the prisoner, lost all his money and stayed out of the game, 80 Patrick Nicholson played alone; they played a few nands tsar when in one game it ‘would cost Patrick Nicholson sixteen cents to see his opponent; Nicholson had ost nearly all his money; he shoved tn what he had and said he would make ail the rest good; deceased ob- jected, saying he would like to see him put the money up; Patrick Nicholson said he had no more money ; deceased said he would like to see the money put up; Patrick Nicholson then asked Cuilen for money, who refused, saying that he never lent any money to parties who were ying, so William Nicholson, who was sitting by, to the deceased, “You are playing a sucking game;” deceased said he did not; the prisoner replted that he did, aud that he- layed it on him a hand or two before; the prisoner ary ped off the bench in a passion and asked McUuilen to lend him a quarter, with the remark that he was good for it, as Cullen was In the act of giving it to the prisoner, dec thé cards on the table and said he would pl no more; all parties then went into the leceased remarked that it had been a curious the prisoner then remarked that it was a sucker’s gaine that he {ge ceased) had played; deceased then said prisoner lied and cailed each other naines; | saw prisoner and deceased attempt to strike each other and I told them they were fools to fight about a game of cards; Patrick Nicholson then went outside and while out the prisoner threw a bottle at the deceased; I interfered to prevent trouble; Patrick Nicholson came in and said deceased had a pitcher in his hand; some blows were exchanged, and I separated them and remon- strated with them for quarrelling; the parties then went out, but soon came back again, when deceased said to Patrick Nicholson that ne tried to give him a black eye because he bad one himself; deceased thea struck his fist on the counter and said ‘I wil] pans any one of you; the prisoner advanced and e- cepted the challenge, and going out on the walk commenced to spar; I triea to separate them, but they clinched, the prisoner hitting deceased on the hip three or four times; in a tew moments afterwards deceased cried out, “On! I'm stabbed,” and pulling up his shirt I saw blood in two places; officer Metrath then came up, and, finding what was the matier, arrested Williawn Nicholson, and asked for the knife; the prisoner and Patrick Nichoison were slightly under tne iniu- ence of liquor when in Cullen’s saloon, OTHER WITNESSES. Patrick Cullen, keeper of the place No. 82 Muiberry street, was called and examined, but his tesumouy shed no new light on the matter. Vatrick Nichoison, brother to the prisoner, deposed to being in the saloon on the night im quesiton, when @ diMculky ensued between his brotier and deceased; the latter took up a large pitcher and attempted to strike me, and afterwards he and the prisoner had @ ciinch, soon after which deceased cred out “I’m stabbed; officer McGrath then came up and arrested the prisoner; | do not know who stabbed di ;mo one was near him and my, brother when they were clinched, Edward McGrath, an officer of the Sixth precinct, testified :—About hall-past two o'clock on the morn- of the 22d of April [ heard a noise as of a quar- rel in part of No. 80 Mulberry street, and going there saw deceased and McGowan standing in the middie of the sidewalk; deceased said he had been stabved; Laaked who did it heand pointed to Wm. Nichoiso' who stood by @ post in front of No, #2 same street; t arrested ‘m. Nicholson and asked if he why ‘hevaid ‘iy aud he replied. “ther i ie that he would not let a big fellow like McCormick aw with him; that he weighed 170 pounds; 1 en 100K both deceased and prisoner to the station house, and on searching the, prisoner fond the kuife (here shown) tn one kets; I asked if that was u with which it deceased, and Pockets.” ne to the hospital a stone ‘Was found in one of his e Dr. Harral, house surgeon of the New York Hos- were eviacaned Jota ten: of ext the wo Hon sive peritonitis, caused 4 This closed the testimony, and the case being Given to the jury, they.rendered the following VERDICT: ‘That the deceased came to his death by traumatic Pete J from stab wounds in the jomen, in~ price By WG knife, in the hands of Wm. Nichoison, ¢ prisoner was then arraigned for examination. He is a printer by trade, ana lives at 49 East Broad. veg In relation to the charge Nicholson said, ‘1 did it in seif-derence.”” The prisoner was then com- ia w the tombs to await the action of the Grand Jury