The New York Herald Newspaper, June 12, 1869, Page 5

W YORK CITY. THE COURT. UNITED STATES DISTRICT COURT—IN ADMIRALTY. Relense of the Quaker City. Before Judge Blatchford, The Untied States vs. The Steamship Quaker City (Cotumbia), her Engines, Tackle, Furnitnre, appa- rel, Sores, éc.—The following order has beon issued by the Court in this matter: — The libel of information in this action haying been and the above suit discontinued on writ- tentconsent on file of the United States Attorney of Waving beet paid on such aiscontinuance, you Will aieonas the said steamer Columbia, her tackle, hci + *Gpo! fBETTS, Clerk. New Yous, June, 1969. _ Upon receipt of this order General Barlow, United Btates Marshal, despatehed Deputy Marshal Turney indiana te Vessel over into the hands of the NE | UNITED STATES COMMISSIONERS’ COURT. Alleged Bankrapt Frauds. Before Commissioner Betts. The United States vs, Ledvitt & Philtips.—la this ase an indictment had been found by the Grand Jury at Hartford, Conn., charging the accused with wecreting property to the amount of $40,000 and fraudulently omitting the same smount from their schedule fied in their voluntary bankruptcy. ‘The bankrupts left Hartford ana were arrested tn this city upon a bench warrant issued by Judge Shipman. An application was now made to bail the accused, and Mr. Edwin James, their counsel, pro- duced a communication from Judge Shipman statin; ‘that were the case before lita he should require bail to the amount o1 $5,000 each in good sureties. ‘The Commissioner acted upon this statement and ball to the amount of $5,000 having been given and approved to appear on the trial of the indictment, ‘the Commissioner ordered their discharge. Edwin James and J, Joachimssen for the bank- rupis, Mr, Bell for the government. Alleged Forgery by a Bounty Clerk. Before Commissioner Osborn. The United States vs, John BE. Mead.—The de- fondant is charged on the affidavit of one William Watts, an ex-member of the i irst New York Volun- teer Englueers, with having got illegal possession of @ check duly issued by the Treasury Department, pumbered 15,836, on the 13th Noveimber, and sent by mail addreased to Reuben Vase, who held Watts’ ower of attorney for the collection of his bounty. s is charged that defendant got possession of the cheek; that he forged Watts’ name to it and pro- cured payment of it from the Assistant Treasurer, ‘The d:iendaut is held for examinauon. SUPREME COURT—GENERAL TERM, A Complicated Lease Case. Before Judges Clerke, Barnard and Cardozo. The People ex ret. Margaret F. Dunn vs, Fred erick D. Tappan, Trustee, and Others.—Two cases mixed up in this suit came before the courtona certiorari to Justice Buil, of the Eighth Judicial Dis- trict. By the return it appeared that summary pro- ceedings were instituted against William J, Dunn and the undertenants in a tencment house to obtain possession Against the defendant (Dunn) for holding over. The case No. I referred to house No. 826 West Seventeenth street; and it appeared that one Cairns, who had a life estate, gave a lease to Russell Wil- kinson for seven years, in 1847, which lease expired in ment and that the defendant (Dunn), as eye ee bad held over for years; paying no rent; that Cairns died several years since, and Ellen E. Ward became entitled to the property under the will of George Rapaije, aud made a trust deed of the property, vesting the legal eslate in Tappan. William J. Dann appeared and made an affidavit controverting the facts in the aMdavit of the landlord, In action No. 2, which referred to No. 337 Weet Seventeenth street, the facts were the same except that the lease from Cairas in that case was to Wm. 4d. Dunn directly. It appeared that Wilkinson is dead and that William J. Dunn has been in the habit of Jetting, collecting the rents and paying over morent to any one. The Justtce gave judgment for the landlord, who was P dee into possession. Various points were taken and objections urged to the pro- ceedings by D. M. Porter as counsel for Mrs. Dunn. H. Brewster for the respondebt insisted that Mar- F. Dunn, not being a party to the proceedings, 4 no standing in court, and cited ths case of Stark- weather vs, Soeley, 46 Barbour, 164, ‘The Gourt so beld, and ordered that the certiorari ‘be quashed with costs to respoudent. A Quarrel Among Lawyers. Inre Ham.—Mes:ra. Dawson and Ham were re- cently partners in business, but the latter was cow- pelled to sue for a dissolution of the partnership, and also instituted an action against Dawson for sander, Mr. Dawson now asks that his former Partner be thrown over the bar. It would appear from the affidavit of Dawson that thelr firm was em- ployed to collect a debt of $2,000; Mr. Ham having, as alleged, assured the client that the evidence was ample and the debtors solvent; that subsequently Mr, Ham compromised the claim for $211 36, not only without his partner's consent, but against his express wish; that he had been since appiied to for the money by the client and had said he was unable ww pay, but would at some future Une, Mr. Ham's counsel said the animus of the pro- cveeding was evident, but asuit had been commenced for this money against both the partners, which was perhaps a cause for that feeling on Mr. Dawson's part. Till that was decided this procee mature and the Court was bouwd to Mr. Justice Clerke said the two proceedings were entirely independent, Counsel for Mr, Ham #aid they hal go fully relied on this point that they had prepared no aiidaviis; that his client was ready and willing to ny ove! the mouey if it was proper to doso. If the Court decided against them they should claim the right to submit their papers. Mr. Dawson said the reason why Mr. Ham bad no afidavits was that he could not deny ibe facts. The Court took the papers and reserved ite de- cision. The Appleton Case Again. Warner vs, Appleton,—It will be remembered that suit has been pending for sometime in the nawe of Samuel F. Appleton to set aside Lis marriage with the defendant on the ground that her former bus- band, the plaintiff in this c was still ailve. That ease, with varying success, een he cee the courts for some years. This suit has mn com. menced by the first husband to set aside the second Marriage. The defendant demurred for various alleged defects in the complaint, the chief being that there was no allegation of residence of the parties. ‘The Court below ae judgment for the plaintiff on the demurrer with leave to the defendant to answer. From this decision the defeudant appealed and the appeal was argued to-day. e Court reserved tis decision. SUPREME COURT—CHAMSERS. Blockado Running Sult—A Confederate Syms pathizer In Trouble, Before Judge Cardozo. Isaac Campbell et al. vs. Leah Hart.—This is an action in equity brought by a large frm in London. The plaintifs, in 1863, bought very valuable tracts of property in the city of Charleston, through their agent, Ernest H. Hart, the husband of the defendant. ‘On account of the existence of laws in South Caro- ee eens, liens from holding real estate L. Hart, acting as the agent of plain took the legal title of the propert: name, advising the plainti amountti to a declaration of trust. ea ol 10 his wife of all the Property standing tn his Same, He died a few jonths since, the defendant, immediately after her nogsband’s death, sold portion of the estate. It 1s to recover the proceeds of that sale, amounting to ae that the present suit has teen instituted. She defendant answers that the money with which the was bougot was the proceeds o: ade running, and then follows the usual al of the Confederate states being a body of armed m im revolt against the government of tne United States. The case came before the court on motions of the defendant to disaoive the attachment, in- Janction and recetvership obtained by the plaintiffs, as necurity dente lite, Motions dented. John E, Ward for the motion, Rdward L. Andrews pppowed, Attorneys In the Court of Sessions. Before Judge Ingranam. Inre James D. McCletlan.—This ts the case of the tawyer whom Judge DowlMmg expeiled from the Court of Special Sessions last Thursday, Platntict yesterday, through counsel, applied to Judge Ingra- bam for an order directing Justice Dowling to show cause why a peremptory mandamus should not issue commanding him to permit Mr. McUlellan to prac. tice in the court over Which bois one of ihe presiding Justices, Judge Ingraham, after looking over the papers, de. cided that there was no necessity for a writ of man- pon in the precent instance, as the Court of ‘lal Sessions was uurt of record, and tat pha ad lawyer of layman, had a right to in tho day Mr. A. M, Soteldo, Jr., counsel for Mr. McClellan, renewed the motion, ani read a law the Lowisiature of 1803, which enacts “that no 1, except such as ard duly admitted two as and coupsell the Su- poe’ Cour sna practice in oop, pr the NEW YORK HERALD, SATURDAY, JUNE 12, 1869.—TRIPLE SHEET. ae eee eourts of the county New York,” — preteen ae aa vane which were to follow; ote Dowlvg at Mr. Justice had for same time back assumed to himself very despotic and arbitrary powers in clearing out mem- bera of the bar from his court, on the ground, as he had been informed, that those lawyers were not merbers of that little “ring,” better known tn the community as the “rin; Tombs lawyers.” So far as he was concerned he had never had occaston to > in any case before Justice Dowling, but had been when cases were tried peforo him. In the present instance Mr. McClellan, a young law- yer of probity and position, had aj at Special Seseions to ‘defend a client, and Justice Dowling, without assigning any cause, summarily ordered the laity to leave the court room, Counsel thought it was time that the Supreme Court should vindl- cate ita own dignity by protecting its officers from insults and annoyances while engaged in the per- formance of their duties, He hoped his Honor would grant the order and establish a precedent. Judge Ingraham said that the best course to pur- sue, in order to have the case thoroughly ventilated, was to present it in the form of a motion, thus eee the defendant notice. He would suggest next Mon- day Week us the day when both sides could be heard. Mr, Soteldo replied that he would adopt his Honor’s suggestion, ie was anxious to have the case thoroughly tested and sified. On the hearing of that motion, if mecessary, he would make public a few important facts connected with the “ring of Tombs lawyers,” and endeavor to explain why none but the members of said “ring” were treaied courte- ously at the Court of Special Sessions, SUPREME COURT—C:RCUIT. An Accident and its Cause. Before Mr. Justice Mullen, James Cosgrove vs. Isaac C, Ogden and Others.— ‘This was agult by @ boy through his guaraian for damages for a wood-pile falling on tim, The wood- pile was, it seems, in Thirteenth street, west of ave- nue C, and belonged to the defendants, who had a lumber yard east of that avenue, The jumber had been piled up on the street by their agent, but, as they claimed, without any authority from them. It was claimed that this excused them, and it was claimed further that the pile was weil put up, and that the accident was really caused by the boys play- ing over tt and puiling out some pieces to make see- saws, &c., and the plaintul was one of the boys. ‘The Court left the question of negligence with the Jury on both sides, charging, as usual, that the plainti must be free from negligence to recover, and Caras @ child, was held to the same care as an adult, but holding that the defendants were respon- sible for their agent's acts, The jury found for plamtif a verdlet of $450. O. ie etd for plaintiff; Luther R. Marah for de- fondant. SUPREME COURT—CHAMBERS, Trintty Church Corporation Muddle, Before Judge McCunn. David Groesbeck vs. William E, Dunscomb and Morgan Dix.—This case came up yesterday on de- murrer to the complaint filed therein. The history of the litigation, which promises to be rich in de- velopments, will be found in the amended answer annexed :— .. SUPERIOR COURT OF TNE CITY OF NEW YORK. David Groesbeck vs. Win. Be Dunscon aad Morgan Pix. —The amended complaint of the piaint'f 2hows to the Court thathe The {9 a citizen of the United Statea and an inhabitant of the city of New York and a successor of some of the original in habitants thereof of Holland, who were corporators of a c: poration chartered and granted under the following titles “The Rector and Inhabitants of the city oftNew York in com- munion of the Church of England as by law established, passed June 27, 1704, as amendment of the original charter o1 rinity church in sald city, granted by the title of ‘The Rector and Inhabitants of our eald elty of New York in com- munion of our Prote: Church of ‘England as now estab- lished by our laws, p: on the 6th of May, 1697. The Piaintif’ includes ‘in complaint #0 much of the original charter as the Court may direct to be produced, but especially the fourth section, as may show ip what manner the funds were raised to build the original Trinity rector’s part re er and fence, enc! burial grounds adjoining the parish ehurch by or otherwise,” by taxes “charged upon all at inhabitants ‘of said parish of — Trivits sald city. The plaintiff includes fn plaint by ite title the “set for making — such alterations {n the charter of the corporation of Trinity church as to render It more conformable to the constitution of the State, Passed April 18, 1744." Plalntiff cites expecially and rpg a6 a part of this complaint the constitution of the State of 17 jo wit, section thirty-six:—“Aud be it further ordained tl all grants of land within this State le by the King of Great Britain, or persons acting under his suthority, after the Mth day of October, 17 be null and void; bub that nothing in ed to aifect any grante of land within this State made by the authority of the said King, or hle predecessors, or to annul any charter to bodies politic’ by him or them, or any of them, made prior to that date.” The plaintiff includes in bis‘complaint that on the allegation as set forth in the act of April 17, 1784 council appoin (A the ‘islature on the 23d 1278, “upon the petitfon of sun members of sal sons claiming to be o rymen of 8 church, reciting that there mm of the council, reasou' to belleve that the reapecting said church materiatly endanger the mine the places of church warde cant, and by their ordinance, dated the 12th day of January, 1784, did vest the estate, real , of the sald corporation in nine persons ther ed, to be retained and kept by until such time as further Jegal provision should be made In the premises.” The plain. tiff says that the trustees named in the “ordinance” axsociated other trustees, under the act of April 17, Sgnorantly of otherwise neglected to cary effect the sj t-meaning, or intent, or prori- ct to Tender the charter of Trinityfetiurch more conformabie to the constitution of the State.” Plaintiff avers that the trust estate bas been diverted more and more con- Mnuaily, to this day, from the purposes of the inhabitants of the clty'of New York who ondowad the parish elmrob, and the defendants are accessories ufter the facts, and personally continue and threaten to continue to divert said trust est: from the purposes of the founders of aald corporation Trivity ebm 4 greatly injure the plaintity therehy, herein spect! The plainti’ also sare that the purpose of he corporation of Trinity church was to pre- of vice and immorulity in the city of New iy to suppers the parasives of any sect, his congregation contributed in this mand as the oration 17M, to jemselv od A J di ani funds to build th arish church of Tri city, Plaiotiff says be the same faith, bi communion, to the beat of hia knowledge and beliet, re! wardene and -John Johneton, Oliver Tetier, John Jansen, hus Kip, Joba Cruger, Wehow, Jacobui ‘ard, Stephen Buckenhoven, Abraham Windell, Ja Benneti, Ieanc Decker, John Meyer, Heury Vanderspiecel, Authouy Rutgers. Plaintiff also says that he ina Protestant, a Trinitaria eliever in the doctrine of the Cristian com: wi established by the Synod or Ecumenical Council of Dor rt. Plainti enys that he bas taken the sacrament in a chapel of Trinity ehureb. in this pr in good faith and without any nce to the presens action, before the defendants adinii- of the Greek Church communion in Trinity chuec! parish. Plaintiff says be has long been re: wi'liny’and apxious—being a Protestant minister of the gow pel, without « church edifice—to preach in the parish ehurcb, the same as mintaters of the Church of England, as by law established, aed to preach alternately with the Dutch Re- formed Chirch ininisiers jn their chureb in Nassau atreet, in this parish, before the first rector of Trinity church had any church erected; and the defendants bave refused parish ion- ere of said pa privilege when requeste: allow i The plaintiff further states that be $e willing and anxiows to er for him erform every act necessary PI to re all his rights, liberties, franchi aud endowments a a corporator and successor of the ancient inhabitants of the city of New York who founded and eudowed the said parish church corporation. Piatotif says that the trast estate, in feodants and their associates, styling themsel tor, churchwardens and Maen joe of Trinity ureh, city of New York, comalat of lands in this clty formerly de. scribed as the “Kiny rm and Garden,” and a grant made by Wouter Van Twilier, Anneka Jane Rocio Jansen, ber (iret husband, for eminent services, grant consisting of sixty-two acrea, Dutch measure, eltu’ orth of sald farm and garden, and south of Christopher street, and between Hudson river and Broadway on the west and east, in anid city; alto the parish church, site and edifice, as described in the oriemal! charter of 1697 and 1704; also a cemetery on the Island of Manhattan, in the way of the city’s growzh, to wi between 1idd street on the south, and 165th surest on t! north, and tenth avenue on the east, and Hudson river on the west, purchased by proceeds of the sales of such farm, gur- den and grant; also of bonds and m real estate a more particularly desc ment op file in the State library at Albany, entitled, nate of the Select Committee of the Senate on ‘the Aairs of iri ity Chureh, with the Testimony relating thereto; Albany, Van Benthuysed, Printer, 1897," which document, in so far'as {t {bes ti perty, Jn Fendy to be produced as « part of may dire: r jants and thelr associates aN derived from the bed in a public doc her says thi conspiring with them, who when better known will be in cluded as parties defendant in this action, as the court may direct, are wasti bare wasted as the plalntif’ be- fang are Leg to Sent alery o estate tn their hand wot at lowe, a ja Fa atte who h rentiee ‘am waste ate ieee ‘vol vl intention of the of the defendants and their aesociates—/, ¢, in seeking to acquire "poiltical weight” and boasting thereof; to having treated the Legisiatare of the State with contempt whe: ealled to account for of eald estate to baring neglected to of th while pampering 4 ree on earth in bor i error i Scriptures alone as a moans of salvation, knowing well that the authority of the Church was the instrument that should pores one pe rroppetantions system Lal ae jure’ —to wi of Trinity church, im the sity of New controversies of faith,” and aa 8 moral ai the ae ‘Morgan Dik, one of ante herein, Plainud’ further aye thal Wm, hie ‘pay out of the revenuee and & stipend or salary for ‘accessory thereto. Piain- it, Mor; ix, preaches a3 he tho tue Refor a that the defendants denying tbe communion of both Roman Catholics and Pro- testants have admitted into Trinity parish ehutch the ser- (reek communion; and that the defendants are ome of —— hundred thousand allowed under the act ccmeding tiff further says that Morgan Dix ment of houses of able bodied young means of the surplus revenues, mation, vices of jarish women In the and William BE. Danreom! u 5 . Fiainti farther aay vice and immorality to dablished no effectual means to prevent Chu houses of {il tame in the lower part of Greenwich street from being more and tora geandalous, the more and more the de: fendants and their predecessors have departed from the Pro- t jestant faith and baptiam of the trust estate in their adminis- tration, Plainti? Ww enya that by et of le feodauts and thei ciates, aa above ified, he te in danger of final loss of all his liberties, rights, franchises, en: dowmeuts or properties which belong to him as euch cor nh of Trinity church hartered orator of the corporal Mune 24, 1704; plait ing that by sich acts of the defendants and their predeces: sora the property and endowments of the corporatlon (all to of the = of Trinkty chorch and city, to the laws and practices of the realm England by which the oration of Tri. tty church was originally jainti® further that the defendants constant! wh that they will never they IY obilgation resting on them, under {th tection of the ast of April 17, 1784, to. restore 9 the heirs of Anneka J) eran wiaiy-two acres, Dutch measure, made by the Dat or Wouter Van ¥ be made herein, honorable court appoint New York, may bs compelled slags in the’ premies, subject to * court 4D AVID GROESBECK, The case, which attracts a good dea! of interest, was ed yesterday for the defendant. The argu- ment for the plamti#f will be commenced this morn: ing at ten o'clock, SUPERIOR COURT—TRIAL TEAM. Kefore Judge Fithian. Sealed Verdict. Bouton vs, Elmer and Others.—In this case, pre- viously reported, in which the Court directed a ver- anet for the defendant Elmer, bus left the case of the ouber two to the jury, the jury has decided m favor of poth the desendanis, SUPREME COURT—SPECIAL TERM. Decisions. By Judge Ingraham. Patrick D. Farrell va, John Kelly.—Jndgement for the plaintiff, and perpetual injunction granted and reference ordered to compute plaintiff's damages. Richmond, Trustee, vs. Thomson et al.—Judgment for plainti. Butcher vs, Astor.—Complaint dismissed, with costa. Peck vs. Erte Rathcay Company.—Jadgment for plaintiff on demurrer, with leave to defendant to amend answer on payment of costs. Manice vs, Manice.—Judgment sustaining will, ex- cept ag to the direction to accumulate part, of the income and except as to the continuance of the trust after (he decease of daughters? tasue and the minority er ee sauces. The Yale College bequest is sns- ry Trinity chureb, in the city of to account for all the proceed! SUPERIOR COURT-—GENERAL TERM. Decisions. Judges Monell, McCunn and Freedman reversed judgment in the following cases, argued at the March term, 1869:— Clarissey vs. The Metropolitan Fire Department.— Order sustaining cemurrer to complaint reversed, with permission to the defendants to apply at Spe- cial Term for leave to withdraw denrurrer, and to answer. Opinion by Justice Monell, concurring opinion by Justice McCunn, Constantine vs. Wake.—Exceptions overruled and judgment ordered for the plaintiff upon the verdict. Opinions by Justices McCunn and Freedman. Quinn, Administrator, &c., vs. Lloyd.—Judgment modified. Opinion by Justice Monell. Order to be settled by Justice Mcnell, Causes Heard April General Term, 1869. Before Chief Justice Bg and Justices Jones and ‘ithian, Donnelly vs, Liddy.—Judgment affirmed, with costs. Opinion by Justice Jones, Barker vs. Savage,—Judgment affirmed, with costs. Opinion by Chief Justice Barbour. Solomon vs. The Central, Park North and East River Railroad Company.—Exceptions overruled and judgment on this verdict ordered for defendant, With costs, Opinion by Justice Jones. Peck vs, Knox,—Exceptions overruled and jndg- Ment ordered for defendant on the veratct, with costs. Opinion by Justice Fithian. Ross vs, Whifteid,—Judgment reversed and new trial ordered, with costs, to abide the event. Opinion by Chief Justice Barbour, Mooney vs, Hudson River Raitroat Company.— Judgment afirmed. Opinion of the Court by Cliet Justice Barbour; dissenting opinion by Justice Jones. May General Term, 1869. Before Chief Justice Barbour and Justices Fithian and Freedman, Smith vs. Coe,—Order denying plaincift’s motion for re settlement of the case aiirmed, with costs. Opinion by Chief Justice Barbour. Newberry vs. The Mayor, dc., of the City af New York.—Defendant’s motion for judgment demed. Order discharging complaint reversed; new trial granted; costs to abide the event. Opinion by Jus+ lice Fithian. Miils vs. Watson,—Jndginent armed, with costs, Opinion by Justice Fithian. Roe vs. Cruger.—Jadgment aMirmed, with costs. Opinion by Justice Fithian. Speyers va, Lambert.—Judgment ordered for plain- Uff upon the verdict, with costs, Opinion by Justice Freedman. Blatchter vs, The Albany City Insurance Com- pany.—Order nppreles. from confirmed, with tea dollars costa, Opinion by Justice Freedman, The Boston Sitk and Woollan Milis vs, Eri 5 Order appealed from reverse 1, with ten dollars costs, and decision of the Clerk atlirmed. Opinion by Jus- tice Freedman, MARINE COURT—PART I. Seercts in the Millnery Business. Before Judge Curtis. David Settling vs, 8, HW. Adams.—The plaintiff sold to defendant his stock of rivbons and velvets in Oc- tober last and received in payment a check for $3,000 and two notes amounting to $760, and shtpped the goods to Providence, R. I., where the defendant re- sides. Upon examining the goods defendant, as alleged, found that many pieces of the most expen- sive ribbons, which were sold as full pieces, were deficient in the stipulated quantity to the amount of about $202 Defendant subsequentiy refused to pay the $8,750, when plaintiff consented to allow the $200 ana the defendant then paid the $3,550 in full setuement. Six months afterwards the plaintiff? brings this suit for an alleged balance of $500, which he and bis son and his brother-in-law testified de- fendant had promised to pay in addition to the 750, ‘Although the testimony of the defendant was the only evidence to contradict these witnesses, Judge Curtis determined that the surrounding circum- stances confirmed defendant's statement, and gave Judgment tp favor of the defendant, with an extra allowance of costs. For plaintit, A. Blumenstiel; for defendant, J. Solis Ritterbandt. MARINE COURT—PART II. The Case of the Ship James Foster, Jr.—Ac- tion by a Passenger for Breach of Contract. Before Judge Gross, Mary Ann Bradley vs. Chutes Marshail et al.— This is an action brought by'the plainti:, « passen- ger by the ship James Foster, Jr., during the unfor- tunate voyage made by that vessel in August and September last, from Liverpool to this city. Al! the eircumstances connected with the voyage referrea te—its long duration, the short supply of provisions on board, the brutality of the captain and officers and the sufferings and privations of the nnfortu- nate passengers are still fresn im the recoliec- tion of all, and are at the present moment the enbject of investication 1 @ crimival suit in the United States Circuit, in tht city of Brook- lyn. ie Whole matter 18 again reopened in the Marine Court. There have been nv less than sixty suits instituted, the one now before the court being the pioneer and test suit for atl. The action js brought to recover $500 damages, on the allegotion that the defendants, owners and pro- prietors of the ship James Foster, Jr., did not fur- Dish to the defendant the stipulated quantity of pro- visions and water during the voyage from Liverpoo! to New York, and that in consequence thereof the defendant was prostrated from sickness and ii he eaith. ‘The plaintiff, through counsel, applies to (he Court to order a commission to be issued to examine cer. tain witnesses in England, —s others John T. Bonch and Henley J. Edwards, tig inspectors, under the Passenger act, that inepected the Foster befure she left Liverpool. ‘The application for the commission is opposed on the ground that the action is not brought for non- compliance with the British Passenger aot, but for breach of a contract made with plaintic. igedse Grogs took the papers, and reserved nis de- cision, COURT OF GENERAL SESSIONS. A Youthful Burglar Sent to Sing Sing. Before Recorder Hackett. Joseph Brown, an intelligent looking youth, was tried and convicted of burglary in the third degree. It appeared from the testimony that on Saturday night, May 1, a pane of 8 «Was broken in the window of the store of W. K. Peyton, 272 Bowery, and silks and gating valued at $400 stolen. A week afterwards a detective arrested aman named Smith, who gave him some information which led to the ar rest of Brown, When brought to the station house he volantarily confessed to havi committed the burglary and stated that he sold the roperty toa man named Abrams for forty-five dollars. The al- lJeged receiver was arrested, but he denied that he bought the property. The jury believed tue oMcer and found Brown guilty. He was arraigned for seus tence, and an interenti: colloquy took place be- tween bim and the Recorder. His Honor reminded the prisoner of the fact that a it ago he pleaded guilty to an attempt at grand larceny under the name of ae Dougias, and that at the insvigation of some of the prisoner's friends and on accotnt of his youth judgment was suspended. As he bad abused the clemency of the Court he was sentenced upon the former plea to imprisonment in the State Prison for two years and six months, and at the ex een of that sentence to be imprisoned for a sim|- jar period upon the present conviction. John Cody was charged with stealing a rowboat from Patrick Collins, on the 15th of April. The jury failed to agree and were discharged from the further consideration of the case, Mr, Hutchings consented to the discharge of the defendant. The case of James McConnell and John Roach, charged with larceny from the person, was com- inented upon by the Recorder, He said that when the prisouers Were arraigned wpon the charge some montis ago they succeeded in having the trial post- pened, having stated that they bad employed certain iatinguisied lawyers to defend them. Some parties had succeeded in spiriting the complainant away, and it Sppewed that his attendance could not be procured. His Honor said that he meant that those men should be tried, Counsel for the prisoners stated that the case Was positively set down for trial on that day, that an tm. portant witness for the defence would leave the city on the 16th fnst., and that they had been ready every tme the case was calied, ‘The Recorder denied a motion to bai! the prisoners at this time, but imtimated that if the complainant €4 bot appear before the close of the term he would em. ‘The Grand Jury brought in a large batch of Indtct- ments, upon which the prisoners were arraigned and their trials set down for Monday. Catharine Gardner, Who was charged with stealing seventy-five dollars’ worth of household properly from Mrs. Elizabeth Gardner on the 27th of Say. leaded guilty to petty larceny. She was sent to the enitentiary for six months, Charles W. Loew pleaded Mity to burglary in the third degree, the charge belng hat on the 28th of last month he broke into @ building on pier 35 North river and stole & box containing two dollars in money, the ronan. of Spear & Carroll, He was | sent ha the State yor three years aud #)x | months. CITY INTELLIGENCE. Tue WEATHER.—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, aa indicated by the thermometer at Hudnut’s pharmacy, HERALD bukding, Broadway, corner of Aun street:— 1869, 1868, 1869. 3A. M.. 62 3PM 67 64 OA. o2 OPM oT 6 9A. 6 9PM 66 65 12M. 5 69 12PM 66 60 Avercgo temperature yest ie Average temperature for corresponding day i Founp In rue WaTeR.—Early yesterday morning the remains of an unknown man far advanced in decomposition were found floating off the Battery, near Whitehall slip. The body was removed to the Morque, when Coroner Flynn was called to hold an inquest. SuppeN DeaTH.—Coroner Flynn was yesterday Notified to hold an inquest at No. 829 West Thirty- seventh street, over the remains of Mrs. Betsey Hermann, a German woman, who died suddenly without medical attendance. Boy DROWNED.—Last Monday evening Joseph Clancy, a,lad nearly nine years of age, whose parents live at No. 496 Greenwich street, left his home and was seen no more alive. Yesterday afternoon the body was found floating in the dock foot of Canal street, North river. Permtssion was given to remove the body to the residence of the parents, when Cor- oner Keenan was notified to hoid an inquest, ARREST OF AN ALLEGED CONFIDENCE MAN.—Yes- terday a boy named Samuel Balston, employed by ©. L. Jones, No, 83 Broadway, while delivering a ivan ‘ing the route taken by the tle ves, followed in pursnit; but on Holyoke Jearned that they had left that Pl retreat and gone to Springfield, not many intles distant. pursuit was continued by Mr. Sullivan, and at Sp) ield the boys were overtaken and arrested by the City Marshal. In possession of Sullivan was found $157, alleged to be a por- the money stolen. The boys were taken in arge by Mr, Sullivan, who brought them back to this city, they arriving yesterday, and were taken in charge by Officer Douglass, of the Sixth precinct, The boy Bullivan confessed taking some money from his father, but not the amount charged. Daniel was held for examination and his travelling companion discharged. Mr. Sullivan seemed determined to punish bis truant son. BROOKLYN CITY. ne TUE COURTS. UNITED STATES CIRCUIT couaT. The Case of the Ship James Foster, Jr.— Second Day of the Trial of Her Officers The Prosecution Rests—Opening for the De- fenceAdjournment eu Account of the Ab- sence of Witnesses, Before Judge Benedict. The tria] of James Glynn on one of the nine In- dictments found against him for assaulting the pas- sengers and crew of the ship James Foster, Jr., on board of which he was the carpenter, on her last Passage from Liverpool was resumed yesterday. ‘The government put in all the evidence it was pro- posed to offer for the prosecution and rested, The case Was lamediately opened for the defence, but after the swearing of one witness the court ad- Journed. 1, C. NODINE’S TESTIMONY. Am Deputy Marshal of this district; I arrested Glyno, in the Rickmond county jaf, March 24. Vith this testimony the prosecution rested. THE DEFENCE, Mr. Thomas McGrath opened the case on behalf of the prisoner, He did not deny that there had been great suifering, owing tothe Jarge number of pas- sengera, the season of the year and the length of the voyage. He admitted that cruelty on the part of the officers of the ship under such circumstances would be doubly obnoxious. If ona fair trial it could be shown that the prisoner was guilty of the chargea against him he should be convicted, The case, however, was far different trom what oue would infer from the statements of an unscrupulous press and the opening addresa of the District Attorney. With the question of the scarcity of the food, to which cause the case had owed mach of its notoriety, or with the treatment of the passengers, the jury had nothing todo. In package of books, was approached by Charlies Torry, who handed him a note to deliver. The boy left, and Torry also started of with the parcel, when oflicer Woolsey, of the Twenty-fifth precinct, arrested him and locked him up at the Central police office, - AvcTION SALE Extraorpinany.—Under an exe- cution a few days ago the undertaking establishment of Charles Diehl, No. 244 East Houston street, was sold by the Sheriff at auction, Among those who purchased collins was a Mr. Freeze, of avenue B, who, upon opening them to examine the material after their removal to his rooms, found in one of the cases the dead body of an infant, which had been sold under the hammer. The facts were reported to the Baniary Superintendent, who gave a permit tor urial. Boarp OF REAL EstaTE BROKERS.—AN associa- tion to be known as the New York Board of Real Estate Brokers was organized yesterday afternoon at No, 4 Pine street, About thirty firms were repre- sented. A constitution and by-laws were reported, and after debate and several amendments, were adopted, The initiation fee for the next thirty days was fixed at filty dollars, after which time the pro- priety of increasing tt 1s to be left at the discretion of the Executive Commitiee. ‘The following omicers were chozen nnanimously:—President, William fH. Raynor; Vice President, M, A. J. Lynch; Treasurer, V. K. Stevenson, Jr.; Secretary, E. Lespinus. After discussion in regard to the selection of a suitable board room, upou which no definite actlog was taken, the meeting adjourned. Sgrtovs AccipENrs.—Patrick Smith, living at No. 253 Third avenue, was yesterday run over by a dirt cart, badly injured and taken to Believue Hospital. The driver of the cart, No. 7,497, escaped arrest. James Donohue, of No. 257 First avenue, was yester- day precipitated from aladder upon which he was painting, at No. 287 avenue A, and was badly cut about the head. Margaret Funk, of No. 79 Clinton street, was yesterday severely injured by a lager beer’ wagon that run over her. The wagon was driven by John Clinck, of Morrisania. Joho Mitchell, living corner of Forty-sixth street and Third avenue, was, Thursday night, run over by a gravel train of the Hudson River Railroad, at Mount Kisco and severely wounded. ‘Taken to Bellevue Hospital. Timothy Leary, living on Third avenue, between Eightieth and Kighty-first streets, employed in repairmg the Harlem Railroad bridge at 107th street, fell from a derrick and was seriously Injured, Taken to hos- ital. By falling down the hatchway of the steamer Huntsville, pier 13 North river, Thomas Devine was oer badly hurt and was taken to the City Hospital. THE AMBULANCE ORDER.—The recent order of Superintendent Kennedy, relative to the removal of sick and wounded persons to Bellevae Hospital in the ambulances of the Commissioners of Charities and Correction, is still the bone of contention in the force. Warden Brennan, of Bellevue Hospital, yesterday called upon the Police Commissioners and represented that out of thirty-six persons sent to that institution since the order was issued the records of the hospital show but seven patients to be in need of hospital treatment. It was that the woman held as a prisoner at the Fourteenth precinct station house a few nights ago, on the charge of oe larceny, and who was sent to the ho: pital on the report of Dr. Luther, police surgeon, nat she could not live if retained in the station house, was feigning lilness and was discharged next morning. The Commnssivners have learned that the precinct surgeons make it a practice when called upon to attend persons in station houses to order them to be sent to the hospital to avoid the troubie of personal attendance, and it is expected that in a day or two the Board of Surgeons wil! receive news not at all gratifying to them. The revelations made yesterday by the warden of Bellevue Hospital seriously compromise the repntation of more than one of the surgeons for medical abliity and fattuful- ness in the discharge of their duties. BoaRD OF Fink UNDERWRITERS.—The New York Board of Fire Underwriters held a meeting at No. 156 Broadway yesterday, for the purpose of deter- mining whether the fire patrol shall be sustained for two gears, beginaing on the ist of July, and of fix- ing the maximum amount of expenses which shall be incurred therefor, Mr. Henry A. Oakley pre- sided, There was a ‘arge attendance of insurance men. The treagurer read his report, from which it appeared that daring the past two years tho sum of $163,630 was raised and $151,746 expended, leaving $12,000 in the treasury. 3 ynkiing, of the kina Insurance Company, said that he thought the fire patrol, a8 at present constituted, ought not to be continued, He believed it would be proper the Fire Department the duties heretofore erformed by the fire patrol. The speaker @@id that on behalf of his company he would take aa appeal to another tribu- nal, and patiently await @ decision, to see if the Etua Insurance Company couid be compelied to pay its proportion of the tax. dur. Conkling said that if he gave hia opinion on thé subject it might ap- ear discourteous to the Board, and he would there- fore simply record his vote against continuing tie ‘A vote was then taken, and ninety-one com- ining the fire patroi leclined to vote. 1 for to assume Board had made a careful estimate of the bisesy of the patrol and recommended that $170,000 be fixed upon as the maximum to be pended during the ensuing two feara, After ¢ cussion this sum Was agreed upon and the Boar adjourned, tees of POLICE INTELLIGENCE. * Arxwine OvER a CoILy.—The driver of a lager beer agon, Who gave his name as John Kilnck, was arraigned before Justice Shandley, at Basex Market Police Court, on a charge of driving over a child two years old named Margaret Fink, at the corner of Clinton and Rivington streets. The man was driving at a furious rate, and although persons called to him to stop he continued driving. The child was knocked down and the wheels of the truck passed over its body, indicting injuries Which it is thonght will prove fatal. The man was locked up to await ihe Fesuit of the injuries. BURGLARY IN CANAL StRERT.—Two young men n 1d Edward Grayson and William Montgomery were yesterday afternoon arraigned before Justice Shandley, at Essex Market Police Court, on a charge of burglary. The complainant, Mr. J Creed, stated that his liquor store, at N street, was entered last night and money, wine and cigars, to the value of eighty doliars, stolen there- from, The burglars effected an entrance by forcing open the store door, OMcer Holly Lyons, of the Tenth precinct, arrested the men in company this morning and found in possession of Grayson somo wine and money, which were identified by Mr. Creed as his property. Both prisoners were held for amination, A JOVENILE Pinrrnen.—Daulel Sullivan, a bright | Jooking Jad, fourteen years of age, Was yesterday | morning arraigned before Alderman Coman, at tho Tombs, on the complaint of his father, Denis Sullt- van, living at No. 83 Baxter street. It is alleged that on Moaday last Daniel took $217 in Treasury notes from a drawer of his father’s bnreau, and making known his good fortune to a companion of his own the case on trial the question of cruel treatment of passengers, if any such there was, did not enter, it was the relation of the prisoner to the crew that was to be inquired into and passed upon by the jury. This question would naturaily lead to the con- sideration of the legal relations between master and crew. ‘The laws affecting the rela- lions between man and man on jand and at sea were necessarily diflerent from each other, Far greater rigor was not only allowable at sea than on land, but absolutely de- manded by the necessities of the situation, On board this vessei, the counsel urged, there was no greater seyerity than the circumstances actuaily required. If there was, the responsible parties were not the man on trial, but his superior officers, The fact that Stokes died on the passage should not jead to the conclusion that he was, on that account, the victim of the wanton cruelty of the prisoner. The captain and ‘mate soon after landing died of ship fever, and it Was more than probable that Stokes died of the same disease. But even if Glynn was more severe than was right in his dealings with those subordinate to. him, it should be remembered he, too, Was @ subordinate officer, and in what he did was not the responsible party for auy cruelty that might have been committed. In doing what he did the probability was that he but obeyed the bidding of his superior oificers. 1f this were so, to have refused obedience would have been an act of insubordina- tion—a very grave offence on board of aship. If he transcended his instractions he would have been called to an account by his superiors. But that ne ever was so called vo an aecount there was no erl- dence whatever, Inthe absence of such testimony it was clear that the prisoner was not the responsi- ble party in any acts of violence he might have com- mitied, If he inflicted punishment he was responsi- ble to the master, who was to juige of the necessity for such punishment. The jaw made his discretion absolute and despotic, A subordinate officer had no right to question that discretion or judgment. It was ‘simply his duty to execute his commands, im- pressed with the conviction that his actions were not criminal. The rejationship between the parties gave a diferent aspect to the assauits, and negatived the Ward.—Motion to orders Hutter et at vs. Kart Kalman,—! denied, with ten dollars costs. James 7. Burns v3, Mary Midgely,—Moving has no standing in court. Same vs, Same,—Rehet sought cannot be gran on motion denied, No casts, discharge; sla BROOKLYN INTRLLIGES A Poorer PickeD.—A Mrs. Holmes, residing No. 197 Kort Greene place, while shopping on Fulto avenue, near Flatbush, yesterday, had her p monnate stolen from her pocket, The lle tained fiteen dollars, f Tae Travan? Home.—The Common Counetl co mittee on this subject have decided upon to the Board in favor of purchasing the Adair aite,| which 18 located in the Eighteenth ward, for the Trouant Home. The property: thus about to quired consists of a frame house and forty-six of ground. The price of the whole ig $28,000, ~ A BLasTING AccIDENT.—Richard McNally was Jured yesterday afternoon by the premature ex} sion of a blast at the corner of South Second Fourth strects. E.D. He was taken to the sary and attended by Dr. Hard after wh was taken to his home in North Tenth street by Police, His injuries are not of a serious natare. Tag New Free Derartment.—Yesterday, for tl firat time, a steam fire engine drawn by horses mad its appearance on the public streets, as indicative 6 what is coming under the régime of the new buy slowly moving of Fire missioners, ‘Tt machine in question was that in uae by Protec Engine Company, No. 6, located in Pearl r) Concord, e horses attached to the engine are fine condition. The company is not yet reorgants FORMAL DISBANDMENT OF THE EASTERN DIS- TRIct FIRE DEPARTMENT.—At a meeting of Board of Representatives of the Eastern District Fire Mg ay heid on Thu night, Vice Pre sident Charies E. Curtia in the chair, resolutio recognizing the paid dey ent were aclopted, old ofMcers were complimented, the tunds of. th widows and orphans (amounting to over $21,000 were entrusted to the Board of Trustees, and Representatives adjourned sine die, COMMITTED FOR THB GRAND JuRY.—Willian Wood, a very black man, was committed by Justi Delmar yesterday to await the action of the G Jury for stealing twenty-seven dollars from James Hennessey, a white man, while they were bott cme convivially in @ liquor store in Warre etree! George Kogers, @ young man, who was caught the act of entering an unoccupied house tn Pacif street, was also arrafgned for burglary, and wi dealt with as in Wood’s case, ANOTHER MYSTERIOUS An Army Oficer the Victin—He is Found ft the Water with His Skull Fractured=! Clue to the Perpetrator—Iuvestigation fore Coroner Keenan. Another mysterious murder, to which at presen there seems to be not the least clue, was brought tq light yesterday afternoon. The victim in this ¢ is French P. Woodall, a resident of Astoria, Lon Island, who for nearly a year past has been en ployed as clerk in the office of the Asbury Life In surance Company, No. 291 Broadway. Mr. Wood: was an ardent sympathizer with the Cubans in the struggle for liberty, and a few weeks since wi offered an important position under General Jord: now supposed to be in Cuba, dat did not see fit u accept it. Mr. Woodall entered the service o the government as a private, and was promoted from time to time for meritorious services, aud even; tually received the appointment as colonel of th 16th Mlinois Volunteers. On the night of Ast inst. Colonel Woodall did not go to idence in Astoria, but took a room at eonohts Hotels 0 tering his name on the ister, At that time was known to have at least $100 in ais The next morning Colonel Woodall left the hotel aad early in the day was seen in the lower of city, apparently in health and spirits. that time Colonel Woodall was seen no more all His wife and many other relatives and friends mad search for the missing gentlemen, but without suc: cess, a3 nothing whatever could be heard respect his whereabouts. Yesterday morning inforn waa received at the Coroners’ office that a bod been found in the water foot of Whitehall street, al subsequently tt was recognized as that of Col ae MURDER. assumption that malice was an ingredient of the offence. Without malice and revenge there was no crime, and the indictment could not be sustained, The law justified the use of a deadly or dangerous weapon by the master o!f a vessel, and he was not Hable to prosecuiion therefor, although the neces. sity was an apparent one, and he afterwards learned that less severe measures might have answered. The manner im which the weapons were used could alone determine whether they were dangerous or not, and from the evidence it aid not appear that they were used 60 a8 to make them so. Court charging the intent to kill was not sustained by the evidence. ‘The intent could a'one proceed from the motive; it could only be inferred from the act and the manner of the assault, and inasmuch as the defendant acted under the authority of his position his conduct was as free from a deadly intent as from malice or revenge, The usage and custom of sailors and their genera! treatment of each otner would also be deeply in- volved In the question of intent. Although custom could not justify a criminal act, it might, and ne- cessarily would, go far determining the intention of the offender aud freeing his conduct from auch an inlerpretation., The witnesses had all commenced civ actions against the owners of the vessel, and this fact undoubt led to exaggerations ip their statements of this case. The disadvantages under which the prisoner jay in the matter of procuring witnesses Was alluded to. The government had locked up its witnesses to retain them, while the men that could testify on bebaif of the prisoner were scattered throughout the country and could not be had. With these remarks the connsel for the defence began to Introduce their evidence, JOHN M'VEETY’S TESTIMONY. Tam a mariner; was on board the ship James Fos- ter, Jr.; shipped as second mate; | was pul forward on the 9th of February; the captain was sick during the first part of the voyage; the mate was sick the jJatter partof the voyage; I knew John Stokes by the name of inger;’ he was about twenty-iive years of age: he was a healthy man when he came on board; about half across the sea Stokes went into the hospital; he was on By watch; knew Glynn; never kuew hia before this voyage; never saw Glynn sirtke Stokes; I saw Stokes’ face bleed- ing; he appeared to be going about nis work; l aidn’t see the wound; I didn’t see him alter he went into the hospital; Giynm was on duty all day; | never saw Giyon strike Stokes; eighteen persons died on the vessel; six were lost overboard; four feil from the yard; had very rough weather; it was something unusual to have such weather; the vessel was kept as cican as the generality of ships; Stokes attended to hts daty as far as he Knew how; never heard any complaints that he didn’t do tus duty; he could not do an ordinary seaman’s duty, a3 he had never been to sea _ before: I don't know any- thing of the character of Glynn; have seen Dim strike some one else; Isaw him strike @ man by the name of Foster; we called him “Liverpool;” the surgeon £0 far as 1 know attended to his duties. To the Court—The four men that were lost from the yards were ordinary seamen; the passenger corps did nothing but ordinary ship duties inside. TROUBLE ABOUT WITNESSES. After the examination of the last witness thero was a hitch in the Pine. Mr. MeGrath siated that the surgeon of the vessel, a very important wit- ness on the part of the defendant, was io jail on Staten Island, and had been expected to be presen’ Martha 0. Reynolds vs, ort confirmed, Limited div mony Bo0 and costs of suit, No basis for extra allow: | ce. | ae etar F. sweery ve, Wn. O. Dartlett et at., and tio olher cases.—The defendant has order to show | cause, No new order is needed. Let him get day but through some misunderstanding the defence ha been unable to secure his presence. Judge Benedict stated that inasmuch as it was a criminal case he was unwilling to compel the man his behalf, and the court was adjourned till three o'clock, At three o'clock the absent witnest had not been Brought in, and the court adjourned unui Mouday, at eleven o'clock. UNITED STATES COMMISSIONERS’ COURT. Discharge of an Alleged filicit Whiskey. Before Commissioner Jones, Wiliam Davis, arrested some days ago on a charge of carting spirits through the etreets without a pro- er permit, was discharged this morning, it appear ing that he was not aware of violating the jaw tn he did, and had no intention of assisting tu de- ig the government. Carter of SUPREME COURT—SPECIAL TERM. | Decisions by Judge Barnard liam A. Morris et a), vs. Henry WH. Morange, w! Impteaded, @¢.—Motion for stay denied, without costs. Ann EB, Taylor 0s. Henry Chambertain.—Motlon for attachment denied, without costs. Willlam Price vs, Litiie Lo Wheeler et al—Judge ment granted. inthe Maiter of Henry A. Mott, et at., Executor, éc,, vs. Wm, L. Ray.—Motion denied, without costa, Chartes HW. Rothburn vs> George D, Muiford,—Mo- tion denied, without costs, of hearing changed, so as to give him time to serve it, by the Justice who gave the order, Bernard Sheridan Ws. Patriok Canley.—That part of answer setting up Jackson's lease stricken out, a8 the piainti asks tog much, the striking out all the amended answer. No costs. Washington lron Works vs, Jabez 1, Fountain— Motion to change place of trial denied, Costs to abide event. Bmeting F. Tooker va. Ametia F. Capers et al, a roposed going on ree. The matter was duly Pouslaere Hr) the bj y finally conciuded (o to Holyoke, Mass, for which piace eft by the rst conveyanoe, Mr. Sul. dc,—Order for judgment granted, Kepnen i. Movers 08, Isaac Beli, et at—Tnjarrction | granted. _ Jon Ricker 08 John Grcasoh wna Davia J, | to proceed in the absence of an important witness ia | Woodall. Coroner Keenan took and caused the remains to be remot to an taker’s In the Bowery. Notwithstanding deo is known to have had $100 with him the day befo his mysterious disappearance not a cent was foul in his pockets; he had only a bunch of keys and handkerchief when found. Late yesterday afternoot Dra. Wooster Beach and Joseph Cushman made post mortem examination of the body of me ceased and found all the left side of his skull crushed in. In the opinion of the medical gen! the injury was inflicted before death and with a heavy round iron instrument. The cause of the murder ar by whom committed are a mystery which may neve be developed, but there is scarcely a doudt that he was first robbed, then murdered and pitched overboard to conceal the crime. The friends of ceased yesterday waled npon General Superiniend: ent Kennedy and asked that sbrewd detectiv might be assigned to work up the case. Coroner Keenan empanelled a jury mere viewing the body, adjourned the investy, inj definitely, or until such thne as information which Which will warrant him in proceeding with it m: may be obtained, Deceased was twenty-eight year of age and a native of this country. He was a gen! and accompiished gentleman, and hes feft many friends to mourn his fate, Colonel Woodall has left a@ widow aud a daughter three years of age. “WW THE ORIGINAL PACKAGE, IL was rumored about town yesterday that Collector of Internal Revenue for the Thirty-second district had caused to be promulgated an anw order to the effect that for the future retail vend of cigars, whether of foreign or domestic mannfac ture, must sell from the “original package,’* farther, that the box, when exhausted of “original” contents, must be destroyed. Dealers manufactured tobacco think the new rule exe mgly absurd, and are unable to find how thes! compliance with it can add to the revenu particularly as the “original packages” are “ex: cised” before they pass into the hands of the tallers or thelr customers. With many tobacconisr it has been the custom to keep fancifu'ly prepared boxes for the showcases and when the cigars in them ran low to replentsh from the trade “pack: But, shouit the new order be enforced, al must be put aside and when an “original ¢ is sold out it must be smashed or made tire: of—so that there may be no possibility of sellin smokers, and it is to be presumed chewers, fro anything that has not the ‘“origimat’’ siga mani amp and seal’ upon it, The only real hart to re. ors the new ruie can e/fect is to deprive the the boxes, which are useful to the trade, inasmuch} as they serve to ornament shelves tiat would b otherwise empty, or else require a capital to fill them, and that without hope of immediate return. Dealers in tobacco may complain. of the pecaniary loss and unnecessary trouble which the genforcement of the new order may iadiet; bu overlooking these little facts, they can congratulate! themselves tn the assnrance that the damage and in-} convenieace thus inflicted will benefit 0 branch of business, namely, dealers in cedar | and makers of cigar boxes. And, when we consider! | the large number of boxes of all sizes that are ds pd aoe by consumers of cigars in this district, th addition to the trade in the making of them will no be trifling. There is little doubt that the nationat| treasury i# seriously defrauded by those who are en- gaged In the tobacco business—not 80 much 80, per- haps, as it is by those who constitute that powern and defiant organization, “the Whiskey Ring;” but the swindling cannot be wholly Jaid at the doors of| the venders, who, in good faith, buy from the 5 facturera, and without thought of defrauding government or its officers, sell honestly a fatr article’ to their customers at @ reasonable profit. Sul, per= haps, it is just as well that the Collector shonid: bave his way In this matter. The cousumera ee run are the ones that will be the su | Hitherto they have had to pay for the ogars | amoked, but, hereafter, not only the et but cost of the boxes that are to be broken up and made fire wood of will come out of their pockets. S80 we | all see that, in the long. run, that great beast of bur. den, the Jong. ared pul bite, will have to carry on his be in pte? bon mth ie rae but the gate loss in the destruction of so much ced: As Out of lines of the trade, at TEED IMPEACHMENT CASE. Proceedings of the Congressional Sul-Come mittec In Montgomery, Ala, The Huntsville (Ala.) Advocate of the sth instant 16 permitted to make the following extract from a letter dated Montgomery, the Sd:—~ The sub-committee for the oxamination Busteed impeachment case are now here, that matter their attention. it consists of Judge Bingham, of Ohio; Judge Loughridge, of lowa, and Woodbridge, ‘The two former gentiemen { have seen, but not the last. I do not know anythi tain 0 what t that i end “sciz2”’ or Z The J eeps in the best of humors, and the élite treat the committee like riazly bears or men infected with the smallpox. ‘hey have not yet been pelted with rotten ome or. of the vie shot at as Douglas waa here and Kelley in but there ts no love thrown away on them, diMeult it ts for people who are crazy to act 1 mon of common sense. Yet we all have to suifer, ag we did by secession, for their foolishness, r Archduke Henry, brother to the En) of Aus tria, married sa was avi trong and by Li reesston, bi hig mot! rial forgiveness has been toeran the yong couple are to be received ag court