The New York Herald Newspaper, June 15, 1869, Page 5

NEW YORK CITY. “THE COURTS. UN ED STATES CIRCUIT COURT. The West Side Elevated Railway Company Litigation. Before Judge Blatchford, Jonn A, Currier vs. the West Side Elevated Ratl- way Company.—The argument of counsel in this case was resumed yesterday morning. The cause of tion, and the averments of the plaintiffs and the dental and averments of deiandant have been al- ready pubHshed at length in the HERALD. Messrs, Stoughton and Seward were heard for piaintif, and Mr. Evarts for defendant. ‘The plaintiff seeks to have the company enjoined from going forward with their work, on the grounds that the railway is, so far as completed, and will be when finished, if it is allowed W be constructed, both @ public anda private nuisance; that it does and wit deteriorate the value of private property on 118 route, and that the company scek to exercise powers tm constructing the railway that are clearly in con- flict both with the constitution of the United States and the constitution of the State of New York. ‘The railway company denies all these allegations, and claims that the rallway will be a great public benelit, and has the approval of many thousands of the citizens of tis city andt neighborhood, The Court took the papers and reserved opinion. UNITED STATES COMMISSIONERS’ COUAT. Alleged Passing Counterfeit Money. Before Commissioner Betts, Albert Gluékler,a young lad, wes charged with attempting vo pass a $20 counterfeit bill on Kaie W. Dewey, 929 Broadway. ‘The accused went into com- plainant’s store to purchase some bandkerchiels, in ment for which he offered the counterfett bill. A Policeman Was at once called in who took defendant m charge. On being searched some four or five dol- Jars in good money were found upon bin which was more than sufficient to pay ter his purchase, It was evident that the prisoner was tie tool of some older Manis, and h> was remanded to enable the police to trace the principals. SUPREME COURT—C.ACUIT, How an Election May be Condneted—A ‘Curie Charge of Forgery—The Ninth District Assistant Alderman Contest. Before Justice Mullen. The People ex rel. Janes E, McVeany vs. Peter Culicin.—The relator in this case and the defendant were contestants for the Nintir Assistant Aldermanic district at the last election. By the press returns the day after, it appeared Mr. McVeany was elected; ‘but on the official canvass Mr. Culkin was declared elected by a vote of 2,183 for Peter Culkin, and 1,980 for James E. McVeany. A comparison of the oMicial canvass figures and the figures in the Bureau of Elections of the Metropolitan Police Department, showed a marked discrepancy in tne ngures from the Eleventh and Fourteenth districts of the Ninth ward. The Aldermanic figures im the fleventh district showed for Mr. Culkin 179, for Mr. McVeany 108. The police figures were for Mr. Culkin 107, for Mr. McVeany 189, In the Four- teenta district the figures recetved by the Aldermen were for Mr. Culkin 370, for Mr. McVeany 21, The lice figures were for Mr. Culken 270, and Mr. Mc- eany 121. Makin Ay stand, for Mr. Board bait. ‘The case came on to trial yesterday and the defen- dant objected to the jurisdiction of the Couri, claim- ing that the decision of the Board of Aidermen was final. The Court took this point under con- sideration and meanwhile aliowed the trial to pro- ceed. The plaintiil then placed on the stand the Deputy Clerk of the Bureau of Elections, to prove the figures returned to that surean which agreed with the figures claimed by Mr. McVeany. Mr. Willian H. Kinsley, the poll clerk of the Four- teenth district testified thas the police certificate Was the oo ct one; that the one returned to the Board of Mdermen had been erased in several places 80 a4 to Change tne two in 270 into three and the one trom Mr, McVeany’s 121 nad been erased. He did not, however, actually count the votes, though lic watched the count very closely, and was very sure that his unaltered return was correct. Mr. Lake, the canvasser, did make the account aud was sure the unaltered return was correct. Mr. Ackerman, an in- Sbector of that district, and Mr. Anderson and Mr. Ir. Coppens, who were present at the counting, saw 19 votes counted for Mr. McVeany before they were putout. There were several persons present, and some little carelessness in allowing the presence of strangers. Mr. Foley ordered out all strangers be- fore the canvass was concluded. These three iast Witnesses were 80 close the canvassers as to see the face of the ballots. This last Witness saw one of the inspectors take out some of the McVeany tickets and drop them im the coal scuttle, He should think there Were some fifty tickets so taken. He sald nothin, about it then. There were Culkiu and Edwar Foiey there and he knew them well, and was not in- terested enough in it to risk a black eye. He told ft as soon as he went out to Anderson, and Ander- gon told McVeany at Headquarters and called on im (Coppens) to corroboraie him, From the Eleventh district, Mr. Johnson, the can- vasser, testified the true return to be 180 for McVeany and 107 for Mr. Calkin. Mr. James G. Wil- son and Mr. Requa also testified that this was the vote announ by Mr. Dunham, one of the poll clerks. There were two officers and the can- Vassers and poll clerks behind the ratling and seve- ral outside, and some confusion outside of the rail- ing. Mr. len, one of the policemen present, con- firmed the last witness. The returns made to the official Board of Can- ‘vassers showed plain marks of erasure when held to the light, and were in part so clumsily done as to leave the original quite discernibie. ‘The cross-examination of the witnessea did not materially affect their testimony. The plaintiffs testimony was closed, when the Judge announced that he should wish counsel to submit briefs on the question of jurisdiction on ‘luesday. lle would meanwhile consult Judge Clerke and render a decision on Wednesday morn- ang. these changes the aggregate vote ir, Culkin 2,001, for Mr. McVeany ving Mr. McVeany a majority of 141. ulking took his seat under the decision of the of Aldermen, and Mr. McVeany brought his SUPREME COURT—GENERAL TERM, ‘The Bollee-Dufl Litigation—Another Default. Before Judges Clerke, Cardozo and Barnard, Bolles, Keceiver, vs. Duff, Recetwer.—In this case, in which, at the last General Term, the defendants, attorneys and counsel were all absent, and after considerable argument the present Generai Term determined it to be a default and opened that de- fault, setting down the argument for tne second Monday, the defendant's counsel appeared, but the plaintit’s counsel did not appear, and defendant took his default. , The following ts the order entered :— Ordered that the interloentory, Juaement of, Justion Potten made at Special Term, on the $4 o1 June, 1856, be reyersed or absolutely vacated and net aside, and that a new (fal be awarded to the defendant (Duff); and that rder of reter- ence to Hon. Chares A. Peabody, made in pursuance o/ Said interioentory judgment, and all proc had th ‘nd ail procsedings of every description vn the part ‘under, n the part of the plaintiq| towards carrying out the provisions of aaa inter- a jute'y vacated and aet aside, and costs to abide the event of the action, , The Real Error Case. / John Real vs, The People, éc.—The argument of the writ of error brought by Real to set aside the sentence against him for the murder of oflicer Sme- dick is set down for Friday next. ‘The Escape Case. John Moran vs. The People, éc.—The appeliant in this case is the oMicer who allowed George King, the bond robber, to escape while on his way to Sing Sing under sentence. Moran pleaded guilty and was sentenced to four years’ imprisonment. Of course, by his piea he admitted the facts in the indictment, Dut he now claims that the indictment did not set out facts sufficient to show any o‘fence under the statute, or, if any, only a misdemeanor, and therefore Bis xentence was unlawfil and excess ‘The Court reserved its decision. Mr. Kinizing for prisoner; District Attorney Gar- vin for poopie. Decisions. By Judges Clerke, Ingraham and Peckham. Pabriskie vs, Wheeler et ai.; Phillips vs, The Same; Smuh vs, The Sarne.—Order modified so as to open Judgment as to defendant Wheeler and allow him to come in and defend; the judgment as to the other Gefendants to stand; but no proceedings shali be taken against the individual property of the defend- ant Wheeler. SUPERIOR COUAT—SPECIAL TERM. The Trinity Church Litigation Adjournment of the Case. David Groesbeck va, Wiliam EB. Dunscomb and Mon gan L, Dix.—The following order was nade yes- terday morning by Judge MeCunn:— On motion of G. M. Ogden, of counsel for the jant, no one opposing, it is ordered that the ture hearing of this cause be and the same ts adjourned over to Thursday, the 17th inst., at ten A. M, of that day. Decisions. Judge Monell rendered yudgment tn the following tases yesterday morning:— . Campbell et at, ve, Waterman.—Case settled; pa- pers in Olerk’s oftice. a. vs. Great Western Railroad Com- et Pa 'dereadan'e an denying equitable relief demanded Ve newer, with costs, i + Jadge McCunn, v8. De Witl.—Motion granted, / . * ay v8, Joralemon=Motion for resettie- 4 ‘Murphy vs. O' Reilly.—Motion granted, "Me ‘0s, Compagne Generale Tra: x Na) wens nsalantique= tae 2M ETE en ace tt Lh RTT eT Ai LS AAT Des CER IR I LEY PAOD LE M8 RET RON OE CA EE OR TT Te SRE IW SENSE SES ESPEN as SESS a EPI EIR A AoE a ch a Del SATS ra Ry We eh AS ES Ire ee ISTE ES ae ee ne a ED at rE, NEW YORK HERALD, TUESDAY, Beamille vs, Gibbons et ai.--Motion granted and receiver ated. Tonnnsnen vs. Gould et al.—Motion for a new trial ranted. oeroun vs. Adans.—Motion to vacate judgment Eppstein vs, Bangs.— Motion granted op payment of twenty-five dollars, referee's tees, Gibson vs. Alien et al.—Motion to strike out an- swer granted. Beaulre vs. Pinkerville et al.—Motion granted and receiver appointed. Anes vs. Sheridan,—Motion granted, without cos! Kempson vs, Crosby et al.-Motion granted. om vs. O'Connor.—Motion granted, without cost Gues vs, Austin,—Motion granted and referee ap- pointed, Novelty Iron Works vs, Towe et al, (NO. 1).—Motion granted and cause referred. The Sane vs. The San Kirkland vs, Leary. MARINE COURT—PART 1. The James Foster, Jr., Civil Suit. Before Juage Gross. Mary Ann Bradley vs, Charles H. Marshall and Others.—Judge Gross has delivered the following opinion on the points raisea by counsel for the de- fendants for a commission to examine witnesses in England in this case, and on the points and argu- ment of opposing counsel:— ‘The plaintiff seeks to receive damages in conse- quence of non-performance of the agreement alleged to have been entered into by the defendants. She alleges that the defendauts were the owners of the siup James Foster, Jr,, a sailing vessel running be- tween Liverpool and New York, for the conveyance of passengers, &c., to this port; that on or about the 6th of August, 1868, the defendants agreed to transport plainti from Liverpool to New York in said ship; that the defendants agreed to provide during the whote of said voyage good accommoda- tion for the plaintiff as such passenger, and good, wholesome food and water in quantity and quality which are particularly enumerated in the complaint, ‘That the defendants, in pursuance of this con- tract, did receive said plaintiif as a passenger, and aurivg the whoie of the said passage violated the reement in 80 far that they neglected and refused » supply the said plaintitY during said voyage with the tood of the quality or in the quant.ty agreed upon, but that the same as furnished was generally bad in quatity end Jess than the stipulated quantity, and that the water was mostly brackish or salt and unfit to drink, as well as jess than the stipulated quantity, by reason whereof the plaintiff, during nearly the whole of said voyage, was famished and weak and susfered in health and bodily comiort. Also, that durmg the said voyage the officers of said vessel, by the agents and servants of said de- fendants, without any fault of said plaintiil, sub- jected the said plaintiff to harshness and improper treatment, &c., by reason of which she claims to have sustained damages to the extent of $600. ‘The defendants, in their answer, admit wner- ship of the vessel, deny, upon information and beiief, the agreement alleged tn said complaint and claim that they have fully kept and performed the contract entered into by them; that said ship was duty furnished and provided by ana on behalf of -the owners of said ship with ali the accommodations, provisions and water required by the Passenger act; that the accommodations, provisions and water were of good quality and sufficient quantity; that the passage of said ship was of great length and severity, and that if plaintiff’ was sick 1t was owing to the severity of the weather, &c., and not owing to any nhegiigent acts of the deiendants or their agents. The dciendants further answer and say that if an; of the oflicers of the shipever neglected or refu: to provide the plaintf! proper accommodations, or gave her inferior water or food, unfit to eat or drink, or subjected her to harsh or improper treatment, said acts were wilful and wholly unauthorized py the defendants, and for which the defendants are not lable, ‘The defendants now move for a commission to.ex-* amine the inspectors at Liverpool, under the act entitled the “Passenger act,” to show that they com- plied with all the requirements of said act, and did piace on board of said ship all the food and water by said act required. 1sec nothing in the pleadings which makes the testimony of the inspectors necessary. The claim of the plaintiff is that she was not supplied during the voyage with the articles agreed by defendants, and 1 treatment is also claimed to have taken place during the voyage from Liverpoo! to New York. It is not claamed by defendants that any of che persons sought to be examined know anything of the occur- reuces during the voyaze. I gust thereiore deny the motion for a commission. COURT OF GENERAL SESSIONS. The Criminal Business. Before Juage Bedford. The criminal business of the county has been se- riously impeded by the non-attendance of jurors wio have been summoned for service. Three panels have been issued, and out of 350 summoned only fifty an- swered personally to their names. Many of these attempted to evade jury duty by enumerating a long catalogue of incurable and painful diseases with which they were afflicted. Judge Bedford said that uniess something was done to sevure the attendance of — it would be a mockery of justice to bold the cou A WELL KNOWN FORGER SENT TO SING SING. James Smith pleaded guilty at the last term of this court to forgery in the third dc , having on the 12th of Apri] presented a check for $9,587 75 to the National Bank purporting to have been signed by Jay Cooke & Co, Mr. Howe asked the Court to be as lenient as pos- aible In the sentence about to be imposed. Judge Bedford, in passing sentence, said that he remanded the prisoner in the hope that he would give some valuable information respecting other forgers, which was not obtained. His Honor under- stood that Smith was the leader of a gang of men who had been thriving upon forgeries committed in this city. The Judge deemed it his duty to pass a severe 8 entence, #0 as to show the prisoner’s associ- ates that if they were brought into court they would meet the same fate. He was sent to the State Prison for four years and six months. RECEIVING STO! John Woods, a young man, was tried and con- victed of receiving stplen Is. ‘The principal wit- ness. was a boy named Charles Burke, employed in the fancy store of Dowd, Baker, Whitfleld & Co., Worth street, who swore that he stole five silver tches, opera glasses, revolvers and other things, and gave them tothe prisoner in the street, and that he received $10 60 for ali the Beran in very small sums. A detective and Mr, Whitfeld followed the boy and saw him have an interview with Woods before the day of the arrest. The prisoner was a witness for himself, and he denied the statement made by the witnesses, The jury promptly ren- dered a verdict of flity, and Judge Bedford, tn sing sentence, eaid that the prisoner had added he crime of perjury to the offence of receiving stolen goods, and that he belonged toa dangerous class of the community who atteinpted to make «ls- honest men ont of little boys. In order to set an example to other reckless characters like him, the Judge sent him to State Prison for five years. ALLEGED ROBBERY IN THE FIRST DEUREE. Mr. Hutchings then called called on the case or John Howard, Ply indicted with Jacob Smith, Thomas Brennan and Wiiliam Varley alias “Reddy the Blacksmith,” charged with robbery in the first degree. Mr. Howe defended the accused. It will be remembered that Brennan was tried, convicted and sent to the State Prison for fifteen years last month, Lawrence Graham, the complainant, a resi- dent of Hudson City, testified that on the 25th of March he came to this city, and after transacting some business met Brennan in the evening, who took him to several saloons, and at midnight brought him into Variey’s saloon, where he treated the company; Varley charged him with not aying for a round of drinks, and as he did not like he company he thought he would pay the charge and get out as soon as he could. He was then seized by Howard, assaulted by Varley and robbed by an unknown man of a roll of bills amounting to $499, They debated as to whether they would kil he ‘arley remarking that dead men toid no tales, Gral . however, was permitted to go, and aa soon as he reached the sidewalk he gave an alarm. Three officers responded, and Graham identified the pri- soners, who were arrested on the spot. The case will be finished this morning, the court adjourning to meet at half-past. ten o'clock. Assistant District Attorney Hutchings prosecuting for the people. COURT OF SPECIAL SESSIONS. No. 5 BEEKMAN STREET, New York, June i, 1869. To THE Epirox or THE Heratp:— In your report of the proceedings at the Court of Special Sessions on Saturday, printed in your issue of June 19, in reporting the case against John Dona- van, you do me great injustice, and, instead of making me the compiainant against Donovan, you make me defendant. The facts as established on the nd which secured the conviction of Donovan for thirty days in the Penitentiary, are as follows: Donovan eniered my store, No. 6 Beekman street. On leaving | noticed him take a bottle of liquor from the shelf and put it in bis pocket. I went tohim and took it from him. 1 ordered him out of the store. His movements being rather slow, [ thought it no offence to kick the sneak thief. In doing so, my foot came in contact with another bottle of liquor in his pocket. He immediately turned and made a desperate attempt to gouge out my right eye. FE thereupon tripped him, and held him on the side- walk until an oficer arrested him. I claim to be a peaceful and orderly cttizen, 1 have been exten- sively engaged in business in this city for eng! twenty years, and never has there been one word o| compiaint breathed against me, vant, ‘The game, Case setuied, Goons. Your obedient ser+ ieee WM. H. REGAN. COURT CALENDARS—THIS DAY. SurreME CovntT—GeNneraL TeR“—Enumerated Motions,—Nos, 68, 82, 89, 90, 108, 109, 110, 111, 112, 113, 115, 116, 117, 118, 119, 120, "122,'193, 124," 125, 128, 127, 12%, 129) 130. Circuit Cournt—Part 1.—Nos. 265, 1215, 212, 660, 1126, 4247, 1170, 937, 1771, 1418, 1006, 1249, 620, ul 1720, 1708, 1 758, 17%, 84, 185, 186, 195, 215, atic. Call get Al TRERM—| h—Nos, 845, Sis i ak halo taeath. JUNE 15, 1869.—TRIPLE SHEET 5 806, 052, 1050, 870, 156, 102, 812, 874, 730, 1090, 1028, MARINE COURT—TRIAL TERM.—Nos. 2095, 2892, 2076, 2980, 2986, 2998, 8047, 4066, 3077, 3046, 3119, 3120, 8121, 3122, 3124, 3125, 8126, 2127, 2128, 2129, 3130, 3131, 3152, 3133 3134, 3135, 3136, 3137, Court OF GENERAL SESSIONS.—The People vs. Henry O'Brien, burglary; Same vs. Benjamin Prince, felonious assault and battery; Same vs. Adam > elmer, assault and battery; Same vs, Annie Sinith, grand larceny; Same vs. Francis Burns, gsand larceny; Same vs. Bilen Kelley, grand larceny; Same vs. Anu Moore, grand larceny; Same vs. John McCarty, grand tarceny; Same vs. John Collins, grand | ; Same vs. Thomas Thomas, grand larceny; Same vs. Henry Hunter, grand lar- ceny; Same vs. Patrick Riley, larceny trom the person; Same vs. Mary Joyce, larceny srom the per- ®on; Same vs. Charles Wilson, grand ilarceny; Same vs. Henry Webb, grand larceny; Same vs. Adam Sauer, grand larceny. CITY INTELLIGENCE, ‘The WEATHER.—The following record wili show the changes in the temperature for the past twenty- four hours, in comparison with the corresponding day of last year, a8 mdicated by the thermometer at hiudnut’s pharmacy, HERALD building, Broadway, 1868, 1869, 83 80 corner of Abn strcel:-~ 186§ 1869, ++ 61 ia +05 763, Average temperature for corresponding day sast year... T3865 FOUND IN THE WaATER.—Coroner Schirmer was called to hold an inquest at the Mergue over the remains of an unknown man which were found Noating in the dock foot of fhiriy-seveath street, East river. AID FOR CuBA.—The balauce of the jewelry re- maining from the late Cuban fair will be disposed of by rafiie at No. 68 West Nineteenth street this eve- ning, between the hours of eight and nine o’ciock, ‘The chances not hereto.ore disposed of will be taken for the venellt of the fair. TAKEN TO BELLEVUE HOsPiTAL.—Michacl Rafferty, aged fifty years, living in Sixty-second street, near Tenth avenue, while working in a sewer in Sixty- fifth street, near Broadway, was severely injuied by a derrick falling upon him, He was taken to Belie- vue Hospital, Knigurs TEMPLARS.—Morton Commandery of Kaignts Templars, together with a large number of Sir Knights, left this city for Philadelphia yesterday afternoon for the purpose of joiing in procession to-day on the occasion of the lifueth anuiversary of the establishinent of St. John Commandery of that city. ° BoaRD OF HEALTH.—A private meeting of the above Board was held yesterday for the purpose of considering the propriety of erecting drinking foun- taing in various parts of the city. Commissioner Brenpan was Daied as acomumitiee of one to act in the matter. KILLED BY A FALL.—Yesterday morning, about one o’clock, Richard Bengough, a man twenty- three years of age, feil from a fourth story window, of his residence No. 241 West Twenty-seventh Street, to the pavement and was almost instantly Kuled, Coroner Schirmer was notiied to hold ap inquest over the remains. Dizp or His INJURIES.—Coroner Schirmer was yesterday called to hold an inquest at the Morgue on the body o1 Jolin Donnan, a laborer, who died from the effects of injuries received a few days ago by fall- ing from a scatiold. Several of his ribs were frac- tured, besides which he received some internal in- juries. Deceased was thirty-live years ol age and a havive of New York. RauRoad ACCIDENT.—Yesterday morning, while getting off a Third avenue car, on the corner of Third avenue and Thirty-seventh street, Joseph Fitzsimmons was knocked down and trampled upon by the horses of a following car. He at tirst reiused to ve sent to hospital, but on mature consideration complied with the request of the doctor, and was taken to Bellevue Hospital. SuppeN Dearns.—Joh n Fleming, a man seventy age, died suddenly on Sunday alternoon at ite residence, No. 48 Hamilton street. Coroner mer was notified to hola @n inquest on the ‘rhe same coroner was notified of the sudden death of Henry Metz, aGerman, lorty-eight years of age, at 64% Filth street, FaTaL FALL FROM A Winpow.—Coroncr, Flynn heid an inquest at No, 435 Washington street on the body of George Scullion, forty-four years of age and a native of Ireland, whose death was the resuit of compression of the brain caused by faling from the window of his sleeping room about three o'clock Jast Thursday morning. He was insensible when taken up and remained in that condition till Sunday morning, when death ensued. THE MORNING Stak.—The planet Jupiter now rules in the east at sunrise. It is situated in the sign of Aries, about fifteen degrees east-southeast of Gamma Arietis, and nearly the same distance from the wel! known lunar star Arietis, On the morning of the 4th of July, at three o'clock, it will be about two hours verticaily above the east by south horizon and nine and oye-quarter degrees north-northwest of the moon, then after the phase of the last quarter, This brilliant planet has sometimes been seen in broad daylight. City Labor Orrice.—A new office will be opened to-day, by the Commissioners of Charities and vor rection, on the ground floor of the Piimpton Build. ings, at the unction of Stuyvesant and Ninth streets. The object will be to take lists of all persons desiring help, either domestic, agricultural, mechanical or clerical, and providing for those needing work with- out charging a commission. Much deception is often practised at private mtelligence offices, and poor persons of both sexes are swindled out of both time and money. SERIOUS ACCIDENT ON BROADWAY.—At two o’clock yesterday afternoon a scaffoid, upon which John Harmon, of No. 174 Hester street, and William Robinson, of Twentieth street, near Sixth avenue, were at work on the building No. 464 Broadway, suddenly gave way, precipitating both men to the ground floor, through a ter of beams. Harmon’s wounds, which were severe, were dressed by Dr. Pooler, of the Central Ofice. Robinson was but slightly hurt. Both men were taken to their homes. Tuk Dumaty ENoine Casvarty.—The inquisition previously commenced before Coroner Flynn in the case of the lad Thomas Lowery, run over by the dummy engine, as heretofore reported, waa yester- day concluded, The jury rendered the following veridict:—“That the deceased came to his death by injuries received by being run over by dummy en- ne No. 7 of the Hudson River Ratlroad Company on 2th day of June in Canal street, and we recommend that the cumpany use greater precaution against such accidents. We exculpate the engineer and con- ductor from ail blame.” Deceased was eight years of age and a native of this city. ANOTHER Boy KILLED on THE Hupson River Roap.—Coroner Flynn yesterday heid an inquest at his office in the City Hail over the remains of Thomas Staiford, a deaf and dumb boy, late of No. 659 Elev enth avenue, who was killed on Saturda: afternoon by being rua over in Elevent avenue, near Forty-second street, by @ train of cars belonging to the Hudson River Railroad Com- pany, as already stated. ‘The testimony showed That deceased, 1 chasing a goat, ran on the track im advance of the train, which was going avout four miies an hour. The brakes were applied, and every possible effort made by those in cnarge of the train to stop it in time to prevent the accident, but with out avail. The jury rendered a verdict of accidental Deceased Was seven years of age and @ native of this city. Custom Housk APPOINTMENTS AND REMOVALS. — The following appointments of storekeepers have been approved by the Secretary of the Treasury, upon the recommendation of Collector Grinnell:— Richard Fotles, vice E Genet, removed; lienry W, Cuilds, vice 1. We Tigi, removed; N. W. rd, Vice Thomas W. Lali, removed: Jonn K. Richardson, vice @. F. Thompson, remov Cooper, Vice Johan Creighton, removed; win, vice George W. Meintyre, vice O. Tn Fe vice W. i, Hubbard, removed; John Edd M. liazard, removed; Isaac Preble. vice James Sutherland, Jr, removed; Kdward Hi. Fletcher, vice A. K. Piumiey, removed; O. bh. Leveridge, vice Mie chaei Gross, removed; John McKechaie, vice Join H. Harmon, removed. , SOCIETY FOR PREV ING CRUELTY TO ANIMALS.— ‘The records of Mr. Bergh’s oMve show that the above society are shaking up the omnibus and ral!road om!- cialis. From the reports it appears that since May over thirty arrests have been made in New York and Brooklyn of lame horses propelling street cars and omnibuses. In each case the stables have been vis- ited by Mr. Bergh’s officers, and 9 thoroug! surveil- lance exercised over them. The Goard of Health has lately granted to this society the onerous duty of granting perinits for the destruciion of disabled animals, and the society in afew days will be ina position to act Or, in each case reported. In some few cases the police have deciined to aid tie officers of the society, but, nevertheless, the above showing prov at much good is being accom plished. MISSION MOVEMENT ON THE Pacirio RaiLWAY.— The American Baptist Home Mission Society received some time since a promise from the officers of the Union Pacific Railway of lands whereon to locate Missions on the line of that road. In pursuance of that arrangement a committee of the Home Mission Society, consisting of the Rev. Dr. ®. E. Taylor, of Brooklyn; the Rey. Dr. J. 8. Backus, of New York, corresponding secretaries of the Hoard; the Rev. Sve ad Brooklyn, & member of the Hoard, an Ve ' md the Re ir. A. P, Mason, of Roston, 8. the District Secretary for, New England, will this evening for Chicago, where they take the Union Pacific road for California. ‘They will be accompanied by several friends, unree ladies beng in te party, ‘Iney propose to select sites along the line of the road for the establishment of missions, the lots selected by them to be donated by the management of the roads, both oa the Union and Central Pacific lines. The party will stop at Virginia City, Carson, Denver, Central City and Ne- ja City, and possibly at other places on the route, and attend to mission interests, On their arrival in San Francisco the commitiee propose to visit the important cities and towns m California and Oregon on the Paciiic coast, ‘they expect to be gone pe- tween three and four months. ATTEMPT YO BuKN A ResrAURANT—TROUBLE BETWREN PArNers.—On Wednesday of last week a bold attempt was made to destroy the restaurant and liquor store owned and occupied by Lingard & Fox, No. 650 Seventh avenue, ¢orner of Forty-eighth street, opposite the new Central Market, ‘The facts, as clicited from persona) examination, are as fol- Jows:—It seems that the premises in question had been opened by the firm about four months ago— the first floor used as a bar and restaurant and the second foor for billiards, Some trouole appears to have arisen between the two partners in relerence to their respective amounts of ownership, Mr. Fox claiming to be the owner 1m fact, he giving to Mr, O'Donald, a creditor, a mo on all the stock and fixtures to the amount of $3,000, without the knowledge or consent of Mr. Lingard. It is likely that the business was not paying of lave” as we'll as usual, and a_ separation of the copartnership was deemed a/visable, Detective Mooney, of the Twenty-second precinct police, kept his eye on the place, Naving had an snti- mation that trouble was in the camp. On the Wednesday in question Mr. Mooney strotled around as usual and jound the bartender, From him he learned that an attempt had been made to burn the place. The bartender stated that on that mormng he came to the store at about haif-past six o'clock, tound the store locked, but one of the side windows Was Ub:zstened, so he pushed up the window and entered the store, He discovered on enter- mz a very strong smell of Kerosene oli, and, looking about, saw on the floor, around some liquor barrels, a coil of cotton fuse; 1t was burning, and with his loot he stamped out the fire. This fuse he picked up and put into his pocket. In the after- noon Mr. Lingard came to the premises, heard the story told by the bartender, and at once gave in- formation to the police of the precinct. Detective Mooney visited the store, and in searching found conceaied between liquor barrels 8x ale bothes filted with kerovene oil, placed in a paste- board box, ‘These bostles were surrounded with scraps of paper and straw. A_ lot of fuse paper was also found surrounding this combustible fluid.’ Mr. Lingard deciares that In his belief an attempt has been made to vurn the premi- ses. Un Saturday Mr. O’Donald, by process of law on his claim asa creditor, attached the stock and other property contained in these premises, and a man was placed in charge, Had the premises burned out it 13 not unlikely that the insurance companies would have been catled upon to pay the $6,000 for which the premises were usured, POLICE INTELLIGENCE. Tue East BROADWAY STappinG CasE.—It was erroneously stated in the morning papers yesterday that the man Jeannot Mullins, who stabbed Thomas Fitzpatrick on_ Saturday night, at the corner of Bast Broadway and Market street, was not arrested, Onicers Jarboe and Shalvey, of the Seventh precinct, arrested Mullins, but Fitzpatrick refused to make any complaint against him and he was therefore discharged from custody. Larceny OF JeWELRY.—Mary Ann Taylor, a housekeeper, thirty-five years of age, residing at No. 103 Crosby street, was arraigned before Justice Led- with at Jefferson Market yesterday by oilicer Hutch- Inson, of the Filteenth precinct, upon compiaint of Mrs. Elizabeth Dunn, residing at the above number, charged with stealing one gold watch, two watch chains and one black lace shawl from her on Satur day last, valued at $175. The property was found in @ bureau drawer tw the room of the compiainant, who states she detected the prisoner in the act of tak- ing itout. She pleaded guilty to the charge and al- leges that Mra, Dunn took two shawls from her, Witch she refused to return, and she took the pro- perty to compel her to return them. She was com- mitted in default of $1,500 bail to answer the charge. A Deputy MARSHAL CHARGED with Disno- NESTY,—A deputy marshal named Bernard Camp- bell and @ man named Joseph Hogan were yester- day arraigned before Justice Kelly at the Yorkville Police Court on a charge of dishonesty. It appears that the liquor saloon at the corner of Forty-elghth street and Seventh avenue is owned by Messrs, Lingard & Fox. Mr. Fox wished to dissolve part- nership with Lingard, and Campbell was put in to take charge of the premises, Yesterday Campbell mvited Hogan to see him, and when Lingard visited his premises at night he found the Keeper and also some of his property missing. An officer was in- formed of tunis fact, and after some search he cis- covered both men, Campbell having some spoons in his pocket and Hogan some bottles of wine under his arm. Justice Kelly held both men to answer a charge of petit larceny. BROOKLYN CITY. THE COURT. UNITED STATES DISTRICT COURT. Tho Ship James Foster, Jr—Trial of ber Oficers=The Cases of James Glynn and William Crathers Given to the Jury—Both Found Guiity. Before Judge Benedict. The tnal of James Glynn, the carpenter of the ship James Foster, Jr., was concluded yesterday. But one witness was examined for the defence, making but two in all, bd EDWARD MONEMANT’S TESTIMONY. Tam a surgeon; I studied my profession in Lon- don; 1 have a diploma; I was in general practice for fourteen years; 1 have been at sea as a surgeon seven years and a half; was once before in the employment of Marshall & Co.; 1 was the surgeon on the ship James Foster, Jr., on her last voyage; there was sickness among the passengers before we were half way across; one man died of con- sumption; there was no contagious disease on voard of the vessel; four passengers died; there was sickness among the crew; the captaia was sick soon after leaving Liverpool; he had the quinsy; the mate had a‘block fail on his head when about three-quarters across; I kuew Ginger; he was sick a very short time; he was very much debilitated with the erysipelas; I saw him the night before he died; he didn’t come out of the hospital before he died; there were no bruises or wounds on his body; if he bad had any dangerous wounds on him 1 would have seen them; he might have nad a wound on his head and i not know tt, but nota dangerous one; know James Glynn; never saw him strike Stokes or any one eise; never heard Stokes say that he had been struck; nad @ most desperate voyage; the worst Lever knew; the passengers were much con- fined between decks. Cross-examined—Have made about twenty voy- ages; could give the names of the crew who died if 1 had access to my papers; eight er nine of the crew died on passage; a haif dozen were washed overboard; have no recol- lection of the names of any other passengers on board; | can’t tell how long any other man who died was in the hospital; stokes was the only man who died of erystpelas; im Stokes’ case the disease ran about turee days before death; it extended over the face apd down the neck; | treated him for that disease; I made cold applications to his head and gave him medi cine; J] didn’t observe any wound winie treating him; [recollect “Ginger” Trom the fact that he had redcish nar: the erysipelas developed atter le was im the hospital; when he first came soto the hospital it was for debility; he had been i the hospitat out a short time before the erysipelas developed; 1 men- tioned in the logbook the cause of the disease, To the Court—Dtdn't Know of (he man’s being out of his head before he came into the hospital. With this evidence tie defendant rested, Rebutting testimony was ten taken. WILLIAM THOMSON'S TESTIMONY. Was on board the ship es Foster, Jr., on hor last voyage, a8 @ seaman; have been to sea thirty-one years; knew “«ioger; ” be was in my watch: saw the doctor dressing lis head once; | didn’t see the biow, but I asked tim who struck him and he said it was the carpenter; tuis Was in the month of January; never saw the doctor dressing stokes’ head more than once; [have seen him kuocking around the decks, and [ took him to be drunk; idon't know whether he was or not; I saw the doctor on several occasions when he appeared to be in a state of intox'cation; [ can’t say that it was a genera: thing; he could not always get a chance. To the Court—We lost overboard six or seven of the crew; they were able seamen; they were really in the crew; some fell overboard that we could not account for at all. ARGUMENTS IN THR CASE. Judge Moore in summing up said he would accept the statements of lis associate 1m his opening as (he law governing the case. He satd that the cave had crealed @ great deal of excitement in this city and New York ever since the arrival of that vessel. It would seem, too, that the press bad done all in ite ower to create a prejudice against the agents of he vessel and its owners. According to the state. ment of the District Attorney, the length of the voyage and the circumstances not to be avoided were quite enough to cause much suitering had no brutal aet been done or no unkind word been spoken. The counsel then reviewed the testimony for the cae. The first witness (Gannon) Was what 3 called a swift witness, and It was plain to see that he wished to make the case against the prisoner as black a8 it possibly coald be. Not only this, Cannon Was an interested witness, having com- meuced a suit against the owners of the ship. Gannon testi that the first blow that Stokes got from Glynn caused his death; but imme. diately afterwards this same witness said Stokes was about the deck doing bis duty as usual. The samme Was the case after the biow from the hammer, ‘The doctor testified that Stokes didn’t dic from any blow inficted upon him, Until he went into the | hospital sick Of the erysipelas Stokes was about the vessel attending to lus duty. Why should not Stokes | be sick as Well as the others of the neers and crew? If there was no other way of accounting for the death of Stokes there would oe some ground for believing Uist Stokes died of violence. Mr. ‘Tracy, on the part of the prosecution, said he was quite Tree to say that with the history of the passage of the snip the jury had nothing to do, The question, so far aa the carpenter on trial, Was brought down to very narrow limita. ‘The question for the jury was whether the defendant did commit the acts Which the mdictment charzed against him. ‘The indictiwent was drawa under two | sections of the statute. If the carpenter were held to be an officer of the ship, of which he had grave doubts, he could be found guilty, if the evi- dence were suificient, of the counts of the indictments drawn under one section of the statute; but if the Court should rule that the carpenter was not an oficer, then those counts of the Indicunents would fall to the ground, The District Atvorney then argued, providing it should be ruled that the carpenter was an officer, that the carpenter nor other officer, not even the captain, could as- Sault members of tae crew uniess In cases Of great emergency, such as had not been shown to exist. No one contradicts that Stokes was assauited, not even the witneases introduced by the defence. That aman 13 justified in knocking a man down with a hammer of that deseription (exhibiting the hammer) was @ proposition that was not to be argued. Stokes was not an able seaman, buf an ordinary seaman, aud it was not pretended that he did not do all that his position Tequired; and the assaults were without any justifi- cation Whatever, Not only did the carpenter knock down Stokes, but Kicked him after he was down. The other section of the statute under which the prisoner was indicted was that providing for tne punishinent of an assault with a dangerous weapon or With intert to kill, by any person on the tugh seas. This statute was different from the State statutes. It made an offence of an assault with a dangereus weapor, no matter what the intent was, ‘There were two counis charging the pris- oner with inflicting a blow with an iron haminer. The counsel, holding up the hammer, said it was not for him to discuss whether it was @ dangerous weapon, If a mmer used as the witnesses had testified was a dangerous weapon, then the prisoner could be found guiity of an assault with a dangerous weapon. He could be convicted under ali the counts of the indictment Wf the Court allowed the jury to pass upon the counts charging hun with an assault a3 anoliicer. it was no sort of defence to say that the man Stokes (ied of erysipeias, If the inan were predisposed to erysipelas it was probably developed | by the beating which he received. THE CHARGE TO THE JURY. Judge Benedict in charging the jury said that the case on trial was before the court by reason of the locality of the transaction alleged to have taken place. The high seas formed no part of any Stute— they belonged to no man. They were the high seas, and therefore the property of the nations of tae earth, ‘The only jurisdiction which could be exer- cised on the high seas was a national jurisdiction, and the laws governing men on the high seas had to be national laws. Such laws were necessary in order to reguiace the lives and business of “those who go down to ihe sea in ships.” When agman leaves the land he Is tren under no government except hisown. The ship is @ lite community, dependent, upon ita own laws | until it reaches another land, and to regulate such communities is the duty of government. When a ship returned to the port to which she belonged the officers were liable for every act which they | had committed. The master of a ship had to | have supreme control, yet it was necessary to | have laws to protect those under him against the abuse of his authority. The indictment in this case was found under two sections of the staiute, the first that of 1835. ‘This section was | confined to officers on the one hand and the crew on the other, The first question that would arise under this section was, “ Was the man who was charged with beating the man Stokes without justifiable canse an officer? In an ordinary sail- ing ship & carpenter was not an olficer as the Court understood the law. In many cases, per- | haps in most cases, the carpenter of a merctiant ship was hardly to be classed as an officer. In the Navy he was an officer—a petty officer. Upon the evidence, as given im this case of the position of this man Glynn, the Court was of the opinion that he must be held to be an oMicer of the ship, for he had @command. Tne passengers were under his control, He had the exclusive charge of the water ot the ship. He lived aft, with the boatswain and one of the mates. These circumstances, in the judg- ment of the Court, jastenes upon the prisoner the responsibility of a subaitern oMcer, and brought him withm the purview of the statute. The next question was, whether he beat one of the crew. it could not be doubted that this man Stokes was one of the crew. He was ranked as an ordinary seaman, He was put on the watch. He was engaged in the performance of ship’s duties. He was one of the crew, and, aa such, was entitled to protection under the statute. Was he beaten? That Was @ question for the inry co decide. Thea foliowed another question, which was whether or not there was any justifiable cause for the blows which were testified in this case. There were cases where the use of force was justifiable in emer- | gencies, where action mnst be taken at once, and where the law permitied the use ot force to accom- plish what could not be accomplished without ite use, If the prisoner struck the man Stokes with a ia in @ great emergency in such a way e him periorm his duty, which had to belaying pied by W. #1, Boyhardt. was destroyed, occasioning a loss of $1,000; not insured, A stable owned by Ey McCarty, No, 201 Hudson avenue, wes destroyed. Loss $400; not insured, ‘The fire is believed to have | been of accidental origin. BROOKLYN MUNICIPAL AFFAIRS. ‘The Koard of Aldermen met yesterday afternoon, Alderman BeRGeEN in the chair, Alderman McC Rroarty offered a resolution to the effect that the petition of the Board of Assessors for an increase of salaries to $3,500 per year be granted. Alderman CLancy said their duties had greauly increased and hoped that the resolution would be adopted, The salary of $2,500 which they were re- ceiving at present was not @ sufficient compensa- tion. On motion of Alderman HATHAWAY the matter was referred to the Salary Committee. A communication was received from the Mayor asking the confirmation of mr. George C. Bennett, whom he had appointed as a member of the Board of Education, to fill the vacancy of Mr. John C. Gar- rison, deceased. The appointment was confirmed. ‘The Auditor, ex-Alderman O'Brien, petitioned for an increase of salary for himself and deputy, $1,000 each, making the salary of the Auditor $4,000 and tat of his depaty $3,500. A resolution to grant the petition was offered. It Was argued that the duties of the office were greatly increased during the past two years. Alderman W.itTNEY thought the Board should ud besweenjthe taxpayers and the Beane and moved as an amendment that the saiary the Auditor be made $5,500 and his deputy $3,000. The amendment was adopted, The Street Commissioner sent in a communication calling the attention of the Board to the great ap- noyauce to which the public were subjected the cartmen leaving their vehicies in the streets. Some of the streets were so blockaded that it was almost impossible for the people to get to their churches. He asked that a lot procured in which co place Wagons, carts, &c., which are left in the sireets. The communication was referred to the Committee on Lands and Places, ‘The contractor for grading and paving Myrtle ave- nue, from Broadway to the city line, having failed to perform the contract witlitn the time specified, viz., on the 30th of December, 1868, and as the ave- nue remains in an untinishedjcondition3 greatly to the inconvenience of public travel, 1t was resolved that the Street Commissioner notify the contractor of the penalties, and to take immediate steps to en- force the same. The Committee on Truant Home, to whom was referred the savject of selecting a site for the Truant Home, submitted a report, stating that they had ex- ammed several pieces of property which they thought applicable for the purpose. There were forty-six lots, pounded by Broadway, Pilling street, Bushwick avenue and Granite street, together with the frame building situated thereon, owned by Robert Adair, which he proposed to sell for $25,000, They also viewed forty-six locs owned by Charlies Lowery in the same vicinity, which he pro- posed to sell for $20,000. The property of Nicholas Cort, contaming forty-two lots, bounded by Madison and Monroe streets and Saratoga avenue, could be purehaséd for $17,000. The property of John I. Snedi- ker, on the Jamaica Plank road, containing eleven acres, they reporied could be purchased for $25,000. The committee were of opinion that tie property of Kobert Adair, which has a frontage of 200 feeton Bushwick avei 200 feet on Broadway, 550 teet on Granite street and 500 feet on Filling street, was the most desirabie site, Alderman CLaNcy said that there were two sites which he wished to be Included in the report. One Was fifty-six lots belonging to Mr, Lonze, on Hall Street, which might be purchased for fifteen thou- sand dollars. There were also seventy-four lots in the Ninth ward, belonging to Mr. Lawrence, which the committee nad refused, a3 he understood, to ex- amine. In fact, they had not been within a gunshot of che place. fie tad been told so by Mr. Lawrence. Alderman McGKoaRTY—Mr. Lawrence staves what is noi true. Alderman CLaANcy—Who’s got the Moor? Alter some further discussion the sites were in- cluded in the report, and it was resolved that the meinvers of the Board visit the different places and view the property on Thursday next. The question is to be made the special order of the day for Monday next. The Board then adjourned. AQUATIC. Boat Race Between Edward Smith and James White for $200—White the Win- ner. Owing to inexcusable delay this race, announced for half-past three o'clock yesterday, did not take place until the patience of the spectators had been almost exhausted. The contest was between Ed- | ward Smith, of the Atalanta Boat Club, and James White, of the Gulicks, for a prize of the value of ¢200. Unmistakable interest was manifested in the race, évident from the large concourse of spectators be perforined ediately, then he would not have been guilty of the offence charged under this stavute. If there was no emergency then the 1n- fiction of the biow was unjustifiable, and the prisoner violated the statute. je duty of inflicting punishment for mere correction rested with the master. An under officer had no right to use force of this kind except under circumstances where there was no time to wait. The Court then reviewed the testimony, and said if there was no cause for the in- Miction of the blow, then the jury would have to find the prisoner guilty, The fact that the cmef officer gave an order to knock a man-down with a be- laying pin, if such were the case, would not protect the officer inflicting such an assault. No officer could make legal a blow with a belaying pin under circumsiances requiring no such treatment. The socond count was drawn under the act of 1825, a statute that was passed with a different object. That object was to absolutely for- bid upon the sea the use of dangerous wi The master had sometimes to inflict punishment, some- Limes to use force, and this act was passed to abso- lutely prevent, under such circumstances, the use of dangerous weapons. The question under the second count was as to the kind of force used. It charged the prisoner with an assault with an tron hammer. Testimony had been introauced to show that the man Stokes was struck with a hammer, believed that the blow was such as to endanger life, then the blow was an unlawful one. These two counts covered the two classes of counts charged against the prisoner. The Court did not think it necessary to consider more than the first two counts. If the jury found the fact to be that the blow given by the hammer was such a blow as to endanger the life of the man upon whom it was inflicted, then, under thé act of 1425, the man should be tound guiity. The Court referred in eloquent terms to the hardslups of satiors, and to their claims to sympathy, but said this was not a case lor sch sympathy. THE VERDICT. The jury, after an absence of about fifteen or twenty minutes, returned a verdict of guilty on botn counts. ‘The trial of the boatswain, William Cruthers, of the ship James Foster, Jr., was placed on triai imme- diately afier the conclusion of the foregoing one, charged with an assault on William Thornton, a seaman. ‘Thornton was put upom the siand, and testified that he was ordered to stow the sail; that he had had his hands frost-bitten the day before and could not use them; if aman should fail from the jib boom while stowing the sail he would be sure to go over- board; with this fact in mind Thornton retused to obey the command on the ground that his hands were in such a condition as to make it impossivie for him to do it; Cruthers then said, ““G—d d—n you, 1 want to see you fall overboard before you to York;’? with this he struck Thornton with a belaying pin and knocRea him down, Otner testimony corrod- orative of Thornton’s statement was introduced and the prosecution rested. No witnessess, were callea for the sdefence. The case was given to the jury about half-past two o'clock, after @ trial lasting not over an hour, and tn about two hours the jury re- turned a verdict of guiity of the first count, which charged the prisoner as an Oflicer with an assault on one of the crew. . COURT OF GYER AND TERMINER, Organization ot the Grand Jury. Before Judge Tappen and Justices Hoyt and Voor- nies, The grand jury was organized in this court yester- day and instructed in their duties. The following ts alist of the jurors:—John D. Lawrence, foreman; Skidmore Petitt, William H. Hagerty, Richard Lacey, William M. Parks, Rufus R. Belkuap, John Harris, Abraham Lemington, J. W. Van Sickiess, James Van Name, George W. Chadwick, Joseph Merrier, George B. Moulton, George Muggatt, George L. Nicol, Theo- dore Sturgis, George C. Tallman, T. Q. Holcomb, Josiah Smith, Daniel O. Calkins, William B. Dayton, Daniel B. Haiiock, Mathias Garvin, = ¢ BROOKLYN § INTELLIGENCE. Tae Munper at Weegsvitte.—The body of the man who was shot by the negro Francis Drake, at Weeksville, on Sunday morning, has been ident fied as that of William Fitzpatrick, The brother of the deceased, Mr. Peter Fitzpatrick, Keeper of the Arsenal in Portiand avenue, went to the Forty- ninth Precinct station house at a late hour on Sunday night and identified the body, The unfor- fortunate man has been known heretofore by the name of “Fitch.’? He was twenty-six years of age, and resided in Atlantic avenue. The prisoner Drake insists that he shot Fitzpatrick in self-defence, he having made a murderous attack upon lim. Coroner Whitehi!l empanpeled a jury, and will hold an in- quest over the body to-morrow. Fine.—At about five o'clock yesterday morning @ fire broke out in the stable of John Galvin, No. 197 Hudaon avenue, and communicating with several other structures caused a damage of about $1,800, Mr. Galvin’s loss on stable «i dwelling present. The occasion gave rise to a considerable amount of excitement and afforded those for whom pleasure has no charm an opportunity to launch their greasy greenbacks on the sea of uncertainty, though, perhaps, after all, upon wha knowing ones characterize as ‘“‘a sure thing.’? That there was excitement was apparent from the clamorous and energetic manner in which the spec- tators looked forward to the event, but more es- pecially from the very boisterous style in which the “sports”? expressed themselves. A steamer was chartered for the occasion, conveying a surfeit of lager beer wherewith euthusiasts subdued their rising froth. Again be it understood, as a warning to future contestants that after a very unwarranta- ble delay and considerable eonfusion the contestants were not got into line until a quarter to six o'clock, @ circumstance which gave rise to much dissatiafacuon. White got the choice of positions. To say the least of it both com- titors appeared to be extremely nervous. The ting was in favor of Smith of about $100 to ¢80. The course lay along the Elysian flelds, about three miles. An Tr, by ho means & multaneous shout, and perhaps an indistinct one, ordered the competitors to depart. Smith rushed off, but White did not pull a stroke, and a yell brought the former back to the starting post. Subsequently a pretty good start was effected, White pullin Oe me for @ lead and Smith ily. There was scarcely any ditier- ence between the boats for thir yards, when Smith's stretcher and he at once pronounced his fate by exhibiting ao portion of the board. His delay in so doing Egon by's rousing chect pulled vigorously. Notertn. aged bya cheer pul usiy. Notwith- standing iis tansy Smith resumed the oar and did wonders, for passing the Weehawken docks he ap- pene oe idly on his opponent. The expressions from tue ors at this crisis were certainly not encouraging to Smith, though he rowed manfully under adverse circumstances. Cries of “$105 to $5 that White wins the race—go it, White,”? rent the air. But the stroke of Smith told well approaching the stake boat, around which White made @ wretched turn. But a minute previously the friends of Smith had aban- doned all hopes, but now that he was fast gaining ee opponent a cheer arose in his favor, and his seventeen feet working boat went sendding along. White, however, turned the stake boat frst, and then, w by a how! of delight, widened the distance considerably; bat, unnerved by the ungra- cious remarks of partisans, Smith rounded th stake boat in good style, and with a stroke. pursued his opponent, gaining little all the way. It was evident, however, that the want of his stretcher sadly marred his hopes of success, though he eontinued to puil most eat aad At the oil docks White was over fifty le ead, Which distance he did not much diminish until his arrival at the ices} stakebvat. White rowed the distance in twenty-six imimutes, his opponent being fifty-five seconds beiind. The friends of the unsuccessful oarswan, Stith, enter- tained strong hopes of his viciory. To a great ex. tent the race was weil contested and another trial would probably be satisfactory to all parties. The judges were:—For Smith, Mr. K. Withers; for White, itr: Eckerford, and Mr. A. Wood, » Altogether the contest was an exciting aifatr. MAN KILLED ON THE BELT RAILROAD. On Satarday afternoon last a man named Abraham Aron was riding through South street on the fron platform of car No. 1 of the Belt Railroad, which wag crowded at the time. Either by accident or de+ sign Aron was pushed off, and fell before the a , Which passed over his Knee, crushing itand of course Geary! acompound fracture. Mr. Aron, who lived at 14 Essex street, was conveyed to Beile- vue Hospital, after which the driver was taken in charge. Coroner Flynn iusequentiy took Aron’s ante-mortem statement, but he was to identify the car driver as the man who pusned certain that any one had done it desigaedly. thus state of facts Coroner Flynn discharged the driver from custody. 1 was then thought that Aron would recover, but he aiterwards grew worse and died yesterday afternoon from the effecta of the in- juries Ly Rd foe ete years of age and a nat any. An inquest will bo held on the vody to-day. a Crors IN MIDDLE GEORGIA.—We notice good ac- counts of the growing crops in Middie Georgia. The Eatonton Press and Times of the Sth inst. says:— Cotton in this section is growing as rapidly as could be desired, and the prospects are that will be made, It is generally free fron in fine condition, the land having been wy, 4 prepared in the spring. We were shown on Tues~ day last, by Mr. Dance, of this county, several forme taken from @ fiekl a’ few miles from towo. This js estimated at $800; fully insured in the Mechanics’ Insurance Company, No, 199 Hud+ son avenue, occupied a8 a dwelling by J. C, Stailenback, was dam: to the extent of $300; insured Inthe Etna Insurance Company. A stable at No. 196 Hudson avenue, owned and occu. shows that tt 18 getting on well. Of the wheat crop the same paper #ays:—This cro} muen of whieh 4 ready for harvesting, is good through this section of ha Should the weather. continue favorable through Yarvest time the yigigy Wiil certaialy be larger than Was antigwpateds