The New York Herald Newspaper, July 1, 1869, Page 5

e. _ “de "Sl Fuad” Bade ; ii a # YAGER bury ‘ ae 398) ; . z we, Ses WATE NEW YORK HERALD, THURSDAY, JULY 1, 1869—TRIPLE SHEET. | 5. , mest, nd ti and shat respect . most geverally appreciated the public. Pive | opened a gap of three lengths. On the lower turs with which no writ of wanting in, ihe legal adlniion ahs PROSPECT PARK RACES, | races were Wy ot wineh wore run | 800 up the homestretch Sarah & sirugaiod hard te | That “is what’ ¥ contend for, eres ‘fal comes from the ; grove om the programinag;.alt of W' vertaxe Sleety, but she was beaten two lengths by well ineriore in end—and the term onal during the course of the afternoon. The first was a Steety. who won the race in 4:37}4. im the case jiteral nnpuie ¢ Joey handicap sweepstakes of one mile and a quarter, _— where a man was of legal-proceedings. there Which was about the best run race of the day. The RENSSELAER PAIK RACES, The Prisoner Brought Into Court on a borin ond pas Sat, forme a netardt or “iting ea Second Day of the Running fojpnd. wes for pede Prospect Paik omy A oa af ia ee always incladed in. tends and aquarter miles; the third race , i ple zaaibeen held by all_ the fore it to any hw Meeting. one and a naif miles, fora purse; the fourth race a | _T0-ay was the sevond day's meeting of the Rens- Habeas Corpus. the wes, befor court, . selaer Park Association. Tue first race for a purse error. If there ta Dg AS a court of nt ash of one and three-quarter miles, and the fith a 119808, 168 atl Goxdanl taal bave neve better him take out a writ sentence in a cause not it. It was dash of two miles and a quarter for a purse. There | Of $800, for a mowed aA Court pase the ago as when Lord Hobart was Chief Justice of were no heat races ran, than 2:44; $500 to first horse, $200 to second and till the question ts decided. the Common Pleas of Engiand that "a.cause judged | MOST UNFAVORABLE WEATHER. | "470% ry | $100 to third; six started. Locust, driven by Dan . een fit to pi “by a court that hath no ction of the cause 16 of the mimetecn entrieg for the first race ODIY | Mace, won in three straight heata; Saunders’ s. g. Motion to Discharge on a Defective | woul, it ne desi it utterly votd and coram non Judice,’? (Hovart’s Re- at ds “| three came to the post. ‘These were bay filly Fanny | Fred took second and Doughrey’s John A. Griswold 2 of a bill of exceptions. Not having Ports, 68.) The court bad’ no jurisdiccion of this ea ai ea Ludiow, by imported Ecirpse, dam Mollie Jackson; | third money. ‘Time, 262 Bib4--2:61, Indictment. this, and ne baving pleaded Bollty, the judg- | cause, becanse there had been Do presentment or y 2 ‘The second race Was postponed on account of the mens of the court must .. There 19 not | indictaeut by 9 Grand gury, and the court could| Rain and a@ Very Heavy chevinnt norse Metairie, by Star Davis, dam Katona, | iatenoay of the hour, the track was heavy, 0 & scintilla of legal argument; no reagon on earth for | not get juriediction any other way. All the Jarisdic- end chestnut filly Lizzie Rogers, by brother of Frank | to the heavy rain durjng the forenoon. The atten this Brvoqeding. . Sanh 8 Di has never | tion of the Court of Goueral Sessions 14 derived from Track. Allen, dam Jenny Rose. The pool selling on this nce Was good. Iustance, “and t daly counsel on: Ye. ouier the words of tue atatote itveuk id punian then ac. re Tnce was fluctuating, At fret Metairie was seiling | p,ZUe"® "ul de three races Thursday, for which nas on ir at 0 pu cal J a Be ARGUMENT OF COUNSEL. Cy ott out a case, where & prisqner found guilty | cording to Jaw,” aud in as 10 Jarladiction v9 bey ead Vi teGagaaat as favorite againat Fanny Ludiow and Lizzie Rogers; | “NT? **¢ tWenty-one enirics, 2 apo BM hace 1 aes Pa iy. So vaeiaate then Fanny Ludlow soid as favorite against Metairie — Fl has ever been on habeas | no jurisdiction to Ubis — gemtence, It YACHTING. corpus after judgment had gone into exect. Ir the | would not even be wiih the power of we Lege: | Fashionable Attendance and Good } ano-sizzie Rogers, and so they strangely alternated, _ A H ‘The Edgar B. Ketchum forgery case, which created gen an can point to such a cage let him doit; | lature to conter upon any court authority to until Metairie became the favorite against the tied ? #0 great an excitement some three years ago, has | but such a case certainly never feil under ie pass sentence in a cause nat legally before it. ch 4 Sport, at 100 to 80. Panny Ludlow won the race, and ala Harlem Yacht Club Regatta~First Annual & proceeding would be in Violation of nat right RacemSeven Boats Entered=The Marie and of the constitaftion, and void, a0 é If the #0 with blinders on, ahowing that she possessed General Sessions could “vawially pronounce this sea- Louise Goes Down in a Storm—Good Sport. some peculiarity of temper or disposition. She made " fence against Ketchum for an’ omtenco of waren né | | The second day of the Running Meeting races on | 0°” Neves futhough the time made owing to the | 7#e Harlem Yack Cinb, established last Novem- had not been couvicted, then the same court, with | the Prospect Park Fair Grounds, Long Island, was ¢ : ber, held its first annual regatta yesterday under equal propriety, might seutence any other man for | opened and concluded yesterday, an excellent pro- | *Xecrable condition of the track, is scarcely worth | 1 ravoranie auspices of wind and weather at the An offence of whic he had not been convicted, If tual aa al clung | #!nding to. it could senience Ketchum tor forgery of which he | @témme, including five spirited and really exclung ‘The second race had vine entries. Only two of | Sart but with altered fortunes later in the day by has not been found gun ty, then 1¢ might just as well | contests, being fully exhausted under the auspices f * sone. | Peason of a dead calm and a sudden boisterous gale, song ot srseiionay: Govern jHotman for | and direction of the members of the American a ge entered, however, came . the post, ae in which the yacht Marie Louise turned over and en- » Lnprisol (01 le. y and General Yorke. Thia was but a so-so affair, would be no legal foundation for ‘wie gen- | Jockey Club. The sport afforded fresh and very | tho running being all on the side of Vauxhall, who | Sulfed her crew of nine men, ‘The club has elgbty- Ronee or MOaaan 20.3 por poate seen 4 fae convincing eviccuve of the‘ firm hold which {he ¥ s really a. ar " clans race horse, and whose Tature two members and a fleet of fourteen yachts, seven e vA . r exerci : air as brilliant ag that of any race horse ch were entere: any lawyer dowbt that Governor Hotiman gould be | [CW iar ee ay oo opp MP our pews, | BOW.On the turf. Some very good horses were en- | Of Which were entered for the race, comprising the rescued seal soln i Fisonment 80 > 1mnposed 2 Or | Tally ok be bad at the eed’ itn Agate tered against him yesierday, such as Laucaster, | following:— ‘seis wi any jupreme Cou! esitate vo | more particular! one conn 3 eneral Duke and Austratia, it is to be regretied . rement. issue & writ Of ubeas corpus to release him from that they did not stars, for had they done so, not- | Yachts. , Ounere. such continement? But itis said that if tue prisoner | 27 fe mauat od acknowledged tha? tie sg withstanding the heavy tack, we should Lave had « | Seaman Raynor. “Wm. 0’ priey Enetiog se tat ne da lou uy Toa | couraging fom the early hour of te mornng nti | ‘bvisgny Vencieny shat cena’ he awe | Mae 1 3 - jones x , the a B 2A dictment for uttering and publishing ain faise in- | 9 ner ie time aaivins to the yinale and Tee was ‘every tame "aduir' lndesas merely’ that of oue Three Sis struments in writing. The ct thas the horse following another, who could and did go away | Nelly B. e' Prisoner pleaded guilty to an indictment | #10n of the spe ators homeward. Heavy rain came | trom nim at his pleasure. W. Ke -D, Pitagerald.. charging & daijerent oftence, has no. bearing 100 down before c1, at o'clock in “the forenoon, and con- Ali of the entries for the third race, numbering | Favorita.. -W.E. Brinkerhot . his case, coniession, will extend no further | tinued to fall, in the shape of erratic yet copious | foUr, came to the post. These were chestnat horse The two first were ranked gs second class, ‘than Lo the facts charged in the information; there- : Metuirie, gray colt Hotspur, chestnut mare Hira and ar: “ fore, if the odeuce be not brougut by tuedpiormation | P'anetary showers, with very ule smtermis- | jay nily’Mbuera, For cone unaccountabie reason, | Me Vest as first, Betore one o'clock, the time aes she bat of Parl.eneny upon wis Sonsie, sion, unti) a quarter past twelve o'clock | unless it be that he is a brother to the noted ase appointed for the race, all the lovers of aquatic foun iefendaat’s confession Wi * roid, Hoispur was @ decided favorite agatnst the | sport in Harlem had assembled in and make the conviction goods. (Williams Noves to en nee a ears am cr liteHt. He Cia maa uo@enel, Ookataptto: ha exbeDr'| c' Gr sxe cian’ tones, tn Chk Gk Oe aibiin adver Saunders, vol. 1, p, 262) And in Rex against Little, | Jupiter—Tonans or Plaving,, or under his } tations of his backers, but ran second to Metairie, . ue srr A, open ywentoh the note of Willer: * duplex designation if 11 please him better— who won the race, Metairte sold low tn the 10014, and Easi river, The yachts gradually assembled , the conviction, wiivh Was upon confes the general impression being that, as he nad been | near the pier, and the crews of each managed to Was unanimously quashed by the King’s Bench, on had ine most undelfied and undignified manner beaten by Fanny Ludlow fy the first race, bis render the ae liyel re d interesting in makin; the ground thata confesston extends no further than | descended from his particular sphere and accepted | chances for success in this were comparatively y iz to the facts charged, and the facts charged were not | the presidency of some peculiarly earthly combina- | trifling. Hira was held nexi, in the estimation of poo! | preparations for the race, mgging up the yachts ana seek Gate mas oe Aer the tion, of which we have so many just at present bi pes alter Hotspur, but she wag @ bad third 1 | rigging up themselves whule speculating alter a face. , el re- 6 CODESE, marked that “Convictions ought w' be | directed to the regulation of trade and finance, or | ‘The fourth race—between Pompey Payne and Ju- | ous manner on the fortheoming resulta, 4 the? Mould be cy because lly iusto taken to bs | {hp GPDTean Or exaltation Gf DArtICIAr. pero | ee oe a et AR rOEREN Tonto | Weta hone ee ee canto Banat ee r | fact, was not th at 0 & Con. f ti true agulnst the defendant, Aad therefore ought to | Mationalities and enterprises, as suite the In- | 10) fy be it remembered, Pompey Payne is Con. hy eae ee eg tvengl ra Ea “* se be construed with strictness.” And will it be seri- | terests or whims of the Jeaders, and com- | sidered by those who know most about him to be | PuDting, stem own from hep pier at Harlem ail uate eeebiorieeioe Brice nino Sra menced to use his newly acquired powers in | the poh ee Toy os Ro ee gc Ploy and drew up a little below the club house, The 80, a mile in a hea 4414. a ages, Van Nost: |anso! then a conviction of any one offence wilt Sebo g | open Roatility to the efforts of the Jockey bis competitor, has been a good horse —was a capl- os pe sean stile cyan say on ea iach sentence tor any other offence; aud a conviction of | Club, These gentlemen possess vim and courage, | tal horse when he forced Kentucky to run in 7:31 in wy mother with forty ity passen> petit larceny would warrant @ sentence for murder. | however, as attested by their perseverance during | 2 four mile dash at Saratoga—but he has had too | gers as spectators. At twenty-five minutes past one Change or amendment of sentence can only be made the day, and by a judicions exercise of both were much racing, and must now give place to others | o'clock the signal to siart was given to the Seaman atthe term at which itis pronounced. (The King * ounger and ewifter than bimseif. Raynor, ths smallest craft in the fieet, on which ve. Prige etal, 6 East, 8225 sine 8, ustices of | enabled to send his godship bamed fo his throne, |“ Thefifth race was quite well contested, and rather g Leicestershire, 1 Maul & Selwyn, 442; J Olutty’s Cr. | and no doubt humiliated by the fact of being com. | interesting than otherwise, from the fact that Sarah | accouné an allowance of time was made in her favor L., 772; Miller ve. Finkle, 1 Parker's Criminal &., pelle to finally shelter himeell in nia ethereal robes, a Be ee nomank age sane wh ay ae of one minute for every two feet in length less than 374.; Stevens ve. Com., 4 Metcalf’s Maas, R., 340; 3 Wilde va, Com., 2 Metcalf, 409.) ” _’ | which he should not at any time have lald aside in | last mile was very apirited ior more than huif the | the others, The Skip Jack followed in thirty seconds, District Attorney Garvin replied to the points | order to enter on such an encounter. The patrons bn ry ry she was unable to maintain the posi- | though her time should have been fifty, the Three raised by counsel, reiterating the arguments against of the track were considerably puzzled, Printed tuon she gained by her efforts, and had eventu- | gisters in four minutes after, the Nelly B and obser> b vation. I stand upon the etatute; I stand fighting again sprang into a notoriety which bids fair to make for this principle of law and justice here, the oy 1%, do far as the ruling of the hae before whom It is i tats doctrine B to, prevail there, Would é not brought f us ores in legal con- | be a © prisons ol ie State. pov a erede abso ses No man under a ruling as claimed in behalf of the troversies, The defendant, Ketchum, waa sentenced prisoner, will get nia deserts. ‘To suppress crime, ‘On an indictment charging him with forgery in the | rampant as is in tnis city, the law must be vindi- fret degree in uttering and publishing forged gold | cated. Where men are convicted at General Ses- sions, or at the courts of Over and Terminer, three checks, all the circumstances of which are yet fresh | things are needed to fulfil the intent of the law; in the minds of the readers of the Hxraiy. Ketchum, that punishment shall be swift; second, that it ‘when arraigned for trial, pleaded guilty to forgery | ®hall be certain, and third, that not only shail it be certain, but that from the moment the sentence 1s tm the third degree, waich ples the District Attorney | Sronounced tho critainal shall iow thas tue whole accepted, ote Ci ere io te aed be Cad ‘The case now, after the expiration of three years lonor disc! thig man 1 venture to say the ang six months, {8 brought up ona writ of habeas | phe, Seat (Of Justice, will | be assailed in corpus.and certiorari on the ground of defectiveness | subversion of all justice and all law. But 1 know boy nan Hever before attempted by a court of justice, because ver before attem & court of justice, beca The oourt room was crowded soon after ite open- | No court of justice has had the powee to GGite And ing, the rumor having gone abroad that the Ketcham } should it un ae pee oe then e Lidar He beh a ease was to be argued before Judge Barnard, and | Open court as a violation of every principle of statu and of common law. <All the principles of law are that the prisoner himself would bo present. Judge | Sgainsr proceedings im this suit. It Is a power the Bedford occupied a seat on the bench beside pi yee signs to Spr ae anaes Juage Barnard, There was a large number of the | ver! ete i 9 A hhh! sabernedl ee 9 diction by any writ of habeas corpus or certiorari In Jegad profession present, among whom, occupying | the ee for here, A seate close to the District Attorney Garvin, were Oia ilanate wetted thes Pei} Bearer wale bet Assistant District Attorneys Hutchings and Tweed. | Potro a superior court under ha bi beag corpus? & The prisoner was accompanied by his father, and ‘District Attorney Garvin—Suppose a iorger turns near him sat Mr. George Opdyke aud a number of } Out not to be the right man, he must prove that on Ae persona ends SB ag yp yt rhea To Retorn having beea made to the writ and the | thing you will have all the convicted men sentenced course of proceeding ordered by the Court, Hate co estetn a ae ator iey pated be District Attorney Garvin, in opposition to the peti- every day. You will, by granting this motton, set tion, proceeded to address tne Court. an example, the effect, of Which will be most perni- Judge Garvin said:—May it pieasé your Honor, ea ay eh REIT Geet a date fed the petitioner in this case, Edgar B, Ketchum, was | Biyeena thelr Inmates to cee again apon socieny indieted with having on the 24 day of August, 1865, | with worse results than ever before, by force of arms, &c., in the connty and State of : BARTLETT'S REPLY. MR, New York, feioniously, fat and knowingly uttered Mr. Bartlett said:—The prisoner is imprisoned for and ‘publish th yl arid ' ge @ different offence from that of which he was con- jablished, w: ent to injare ‘and defraud, | victed; for a felony of which ne has not becn con- the president, cashier and directors of the National | victed, ana for which he bas. not been tried, or held Bank of this city, certain false, fraudulent and coun- Grand Jury. auto eaueii iia tances : terfeit papers, part written and part printed, com- ini H reas monn legal dud unconstitutional, and the sentence to im- monly called gold checks, some sixty in number, &c. rigonment under which he ts held utterly void from. Judge Garvin read in full from the indicument the prot, a " Heist ree ee ReneS nosy charges ag there enumerated in legal phrase origi- authority of a sentence of the Court of General Ses- = nally found against the accused, and proceeded:— slo) thi the release of the prisoner previously advanced b, ally to succumb to the greater endurauce of Sieety. “ This, your Honor is aware, the common egder | and six months ieivriscament in’o rate Peay fhe | him. iiis Honor had. the piysleal power todo wm | Programmes, with a HERALD advertisement, pro- | “'Disuisig all furcher-comment upon the running, | Marie Lowwse with ten seconds interval between and form of an indictment for forgery, and on eee is te he ietony off in the third de- Hing out ne Cea He 8 veel Aone Jt Was ® | mised racing, while a due regard both to health and phe — now proceed to give the detalis of the day’ hog! eater ce at ge ba ee Boren and assed inared a. ric rt - | thing do, were once vi 5 ween. and Week tholaesl mettiont es of ty aed: Ie tae OF nabertae at 6 ag been Con | to ve estapiished that & man could be taken irom | we badits—those furnished by the moaistes, not by SUE FIRST RACE. her and the preceding yacht. State Prison aiter the final judgment of a competent | Bature, Pew J and the clergy—of the ladies ad- HANDICAP SWEEPSTAKES, for all ages, one anda The breeze at this time was gentle but freshening. coust the administration of justice would sustan ir- | Viseda “stayat home.” The preparations for at- | quarter miles, $60 entrance, half forfeit, and only $10 | The two small second class boats held the lead reparaole tnjury. tendance by the members of the fashionable and | it declared; $600 added; the second horse to receive | thr ough the Kills and out into the Sound, followed Judge Barnard said that in the exercise of the | more aristocratic circles were consequently limited | $190 out of the stakes, ‘Tue winner of any handicap | at a reasonable distance by the two first class boats Dublshing some there can be no manuer of doubt whatever. And | forged checks. Uttering and publishing forged besides as to ita bearing on this case as here pre- | checks, as true, and with intent to defraud, is an eonted, whether the indictment Is good or bad that | Offence; but 1K’ not forgery euy more than it 1s has no sort of conetiuenos or importance here. 1, | fon or manslaughter, To forge is to make—to e fabricate, A blacksmith forges horse shoes, aud you | POWer vested in him as a Judge ox the Supreme } during many hours, but as the first race was not to | after the weights are announced, jive pounds extra; | that started in the order already named. The pride Lepr no ee aad “4 might as well say that a hoy forges them beeaune Court he had deemed the case a Proper one in which | Commence Netore three o’clock in the afternoon | if more than one, ten pounds. i Marie Louise was the only one that showed am Special Term, or elsewhere, hag a right, on habeas | he Wavels with them on "hs feet as to say that | to issue a writ of haveas corpus. tfts decision would | there was still hope, and hope, as is known, stands | FP, Morris entered b. f. anny Ludlow, by imp. aggressive Qisposition in the start, and had hardly be rendered the day afcer to-morrow (Friday), and | Out so prominently among the cardinal virtues that Eclipse, dam Molle Jackson, 4 years old, 105 gone 100 yards irom the pler when she gave evidence meanwhile the prigoner was to be deiained in cus- | few of those who take it closely and firmly to their Ibe... 1 | of an ambition to.take the lead. The water was corpus or certiorari to bring ® map from a State | merely oe tS forged instrument constitutes for- tody. hearts are ever completely disappoint ed. R. W. Waiden ‘entered ch. bh. almost mirror-like LL. its smoothness, and taken in vison and from the execution of @ punishment | ory. Lord Coke says, “To forge is metaphorical); ‘0 Which he has.been duly sentenced, and when that | taken from the smith, who beateth upon his anvil . (3 It was so yesterday. Towards one o’ciock the san Davis, dam Katona, 6 years old, 115 ibs.. .»« 2 | comnection with the exquisite scenery on the Mor- Se ae ” yr Dy eetten ies aoe 100). Forgery at apieat or re ay “denned Cathe MUSICAL AND THEATR CAL made an aviempt to reassert itself, and was partially | Dp. MeDaniel entered an f. Lizzie Rogers, by risania shore, where the grassy lewns dipping down such a thing hever was done in this county or State | fraudulent making or alteration of a writing w tue hinted i: NOTES. successful, although shining out on a really diamal | Brotuer to Frank Allen, dam Jennie mose, + to the soft ripples of tae tide made-a very delightful orn this city in a case where" judgment ba gone preludioe of anotber’s rights, (4 Biack,, Com. 247.) OLLI gn scene at Prospect Park. The grounds hitch agen years 01d, 104 lbs... wpinovsavdssaciereccsrs. ay for the eye to rest on. The judge's boat into execution, except in those cases specially pro- ‘orgery the third ogres ip definea, with pre- Mrs. Cayoliue Richings-Bernard 4s busily engaged sively muddy, the track being in a condition aj Time, ing unable, by reason of her crenen te pase i proaching very nearly to that which is vuigarly Bayswater, Rapture, Bonn: at present im reorganizing her English opera com- nown as ‘knee deep”—at least to such of the | terman, Jr., Red Dick, Sarah B., Atcraction, Gene! a feet, steamed rapidly down past Randall’s and pany for the approaching fall season. It is thought | ‘early ones” as attempted to stride or fathom over | Salute, ' Joke, General Yorke, General Duke, RK. B. | Ward’s islands, and after a two mille chase soon came that the new troupe will bear favorable comparizon | t. Ratu water formed into pools at every | Connolly, Einma Marvetta and Viiey were also en- | up within easy Viewing distance of the race between ip Pp Gepression of the earth; the seats of the | tered, butdid not put i2 an appearance at the ap- | Barrett’s Point and Riker’s Island, The appear- with the old one, but as many of the jeading members | grand stand were dmpping with wet, and pointed time, ance of the fleet a8 observed from the rear was that of the company have yet to make their first appear’ | the plazzas of the lub house humied to a degree, Fannie Ludiow was the favorite against the field | of a fying cluster of snowy, sloping galls, sliding ance before an American audience, it remains to be | *!thongn excellently well aheltered. ‘The “early | in a majority of the pools sold. In the others Me- | along above the broad waters of the Sound with a 3 ones’ were not very numerous in consequence, The | tairie had the call. Lizzie Rogers was thought very | steady and beautiful motion, The little Raynor lad seen whether or not the places of the old lyric fa- | pand men employed to perform at the clad house | jitue of, and was sold in the fleld as each of the | the lead, closely spp by Skip Jack and Marie vorites have been judiciously filled. Among the new | Were on hand. A detachment of well developed and | others became the favorite. Just before the start, | Louise. The Nelly B and Knapp close togetver, operatic stara that will appear in the Riching’a con- fe ln! Bala dritied policemen arrived soon after- | however, Metairie sold for $100, while Fanny and Li some distance behind to the windward, itatio wards. ene gentlemen carried their clubs with | zie Rogers sold for $80. The horses had a good send- | the ‘Three Sisters almost in line and ste m is Mies Blanch Eliermann, @ pupil of | them, each one, indeed, constitu ®@ per- | of, and they came dashing up the homestretch | alone to herself, while the Fayorita lingered Signor Arditt!, She is at present singing at Baden | 8008) clubbist, even if not of t jockey through the mad, Metairie leadmg, Fanny Ludiows| m the rear at quite a respectful distance. Baden with much success, but will join Miss Rich- ion in propria, The city railro second, Lizzie Rogers close up, and passed the stand | kvery eye was on the Favorita, her reputation being nis 3 cars from Fulton ferry, Brooklyn, carried ‘vetting | in that way. Going around the upper turn Fanny | considerable and her spread’ of canvas immense. ings’ troupe early in September, under a ten months’ | men,” Coney Island folk, not going to the | Ludlow went to the front, and led two lengths at the | Soon tue breeze strack her ample mainsail with a engagement as prima donna. Mr. Henry Drayton, | 7aces; amateur turf men from New York, with @ | quarter pole, Metairie second, two Jengths in front | strong and steady force, and she few forward with an English baritone, who appeared in this country | °U8S lady of African extraction, who bore on her | of Lizvte Rogers. Gog along the hackstretcu Fanny | a double stride, suddeniy altering the prospects of id 'Y | Ringers a load of gold rings suMiciently heavy in the | Ludiow kept the P Open, aud was two lengths in | the race, and giving it the following order:—Mario about ten years ago, with his wife, in a series of te to supply either “chains” for one of her | front at the half-mile pole, Metairie second, one | Louise icading, Favorite next, thea Raynor, Skip “parlor opera entertainments,” takes the place of | Sacestore in the days of Jeff Davis or royal | iengtn auead of Lizzie Rogers. The latter then went | Jack, Three Sisters, Nelly B and Knapp. Mr. Campbell, while Mr. Castle will be succeeded | Or@#ments for both the person and throne of either | up to Metairie, and they ran head and head to the | Steve Williamson, at this juncture, started pool x ” . the King of Dah or “King Kettle,” of the | three-quarter pole, when Lizzie began to cut it, and | selling on board the judges’ boat and kept tt going in by Mr. Haight, a new English tenor, who | southwest coast of the .land of her forefathers. | Metairie made hus ran for Fanny. He reached her | a spirited manner at twenty-fve dollarg @ pool ontil is said to be very good, but concerning Ea Long Ielaud men received sections of | quarters as she turned into the stretch, bat could | a caim, as heavy a4 overhangs the Dead Sea, whom but Uttle ig known. Mr. Brookbouse | {2@ Visltore as the terminus which leads to | getno closer, as the filly appeared to have some- | fell upon the Sound and Jeft the yachts to langulan si . the track in their every day cabbage wagons, ‘ing to spare when called for.. She came home a | in dreaded idleness. Passing the buoy. at Tarogs Bowler will be the other tevor and Mrs. Bowler | and deposited them at th> grand entrance for the | very easy winner by two Jengths ia 2:25;;. ‘The | Pomt, immediately Uclow Fort Schuyler, the Favo- takes the place of Mra. Seguin as leading contralto, | Moderate charge of ten centéa head. Tuelr vehicles | track was very heavy—fetlock deep in mud, rita was ahead of all her competitors, the Marie Mr, James Arnold joins the troupe as buffo barit were treely peases, presenting as they did a se- THE SECOND RACE. Louise, a gallant littie craft, being the only one that . pe as Duffo baritoue, | curity from the outside mud of the ungraded avenue. | prospscr Park Cur, value $750: two and ied for rivalry with her. The wind after tis + ’ e $750; aquar, | struggles ry and is said to be & competent successor to Mr. | Bome two dozen of the varriages, mostly hired, | ter miles, a aweepstakes for ali ages, $100 entrance. | died Away, and from no point of the stilly heavens 1% "4 vided for by statute. The only case in which it has | Cision, by the statute his State. It i:— 4 Braes, Climax, Oys- | through the Kills in the wake of the wp 7 ever been attempted to be done was ina case where | First, counterfeiting the gold or silver coin of any @ man was brought out of the Penitentiary after | foreign government or country with the intent of ex- judgment had been pronounced,and the party had | Porting the same, to injure or defraud any foreign entered on execution of tlie sentence under | government or the subjects thereof; and, second, that judgment. Beyond this one cago it never | falsely maxing, altering, ree countertelting, was ‘done or attempted to be done in this | With intent to defraud, cert instruments or city or State or elsewhere to my knowledge; writings3. (R. S., part 4, sections 29, 33.) and besides there 18 no provision of law Wwhton It is the making, Cog chai or counterfelt- authorizes any such proceeding before any judge. He Spc ‘constit whe foigery. Uttering and pub- And, I say further, that no body acting ag a court | lshiog is guite a different thing from making and can bring a man from a State prison after judgment | forging. Uttering and publishing does not consti- and sentence has been entered upon. 1donotrefer, | tute forgery. To utter means substantially to offer. of course, your Honor, to these cases provided for by | (1 Saag Cr, Law, section 221.) Uttering special statate. One, in which a manmay be brought | 804 publishing within the meaning of the from the State Prison on a charge of an affence com- | Statate is offering with intent to defraud. (See 2 mitved within the State Prison, as in the case of the | Bishop's Cr. L., section Ma) @nd cases there Cited.) man confined in the State Prison at Auburn, who The distinction between lforgery—or making—aifd murdered a fellow convict. In such a case as that a | Ultering or publishing would seem to be sufticientty man may be indicted and tried and brought from | Clear from the intrinsic ditference in the meaning of the State Prison by order of the court for the | Words themselves. If there were no authorities on pu of being tried under that special | the subject, the difference between the ingredients statute. Another case, where a man may be | Meceasary to constitute the two oifences respectively brought from a State Prison 18 where a | 8ems to be too apparent to leave room for diecus- man becomes insane. In that case the statute pro- | #00. We are not, however, without authority, vides that such a man can be brought froma State | ‘rectly in point. Not only do elementary writers prison, and by order of a competent court conveyea | treat uttering as not constituting forgery (2 ‘and lodged in an insane asylum and there kept. | Bishop’s Cr. L., sections 602, 603), but we have But one other case has been specially provided for | 1 adjudication of this precise question; and ‘by statute. That is where a conviction has taken | sat, too, by the Supreme Court of this State. In place in Special Sessions, @ special act has been en- | The People vs. Rynders (12 Wendell, 425), Cnief Jus- acted toenable the party, Within ten days after con- | tice Sa in deliveriug the decision of the court, viction, to apply for, to be granted and to ve liber- | ®ald:—‘'The prisoner 18 indicted for forging the check, and also for publis! it ae true, knowing it ated on bail. pueck, erate hing » knowing it peo are yo logaily convicted cr eeace | the atuer.” And formerly in England attering coun- | EDSlsh opera troupe, nas been engaged as id} club house wazzas. The green sward was | McConnell & Thompson entered 0, h. Vauxlall, weary of the dullness, steamed away to City island, br bier? y y “si terfelt money was puntehable by one year’s 1inprison- | 08880. With Mr. James Peakea as principal basso | in the richest luxuriance. The aged trees, by Lexington, dam Verona, 4 years old......... 1] went ashore and dispersed themseiyes among District Attorney Garvin—I am uot, your Honor real ernie (actin to nosh were felony, | aud Mtss Annie Mischka second soprano. Mr. Pierre paicy gpomae ry isvapbeny or Poe Carrol AAving ston entered ct. ti. General Yorke, Various rustic saloons, where | for over an P punisl withoat clergy. (16 ply green, ry net, dam ine, ANS OlU.... se ee eee 2 jour ey ade hemselves as convivially syeaing of that, = eee ey and 16 Geo, 2c. 28, and other old English metutes.) Bernard will fill the position of second tenor and | to the rain, while the vegetation in the surrounding Time, s:deren happy as circumstances would permit. A few went ae ‘The prisoner was convicted on an indictment for Who tiag undergone execution of sentence, the wuole | Freaned gah y- Pei mgtiee sche et Soll ere want to the ease Pain Paley oat eocay: | nos extend yond that either to any omer change which heretofore no pretence was ever made that Ladmeteia denen thane ar deere Tne COMO be able’ Sil eat aee eee aoeee, | dicunens against him for that offeuces ‘The constiti. tried @ case, that there was a hinge or loop in it to | on of the State provides that no person shall be hang @ doubt on, but who, on the contrary, recom. | héld to answer for aa infamous crime unless on pre- ried ha i lah proper her, ou | Evin rpaoanent oe aad, {he full term of that sentence within one year trom a eno er pitta P aioe oh Geetbe te pian, Or We scuather after a tna Has Gecetonteteoe on; | able with Wnprisonment in the State Prison.» (bid., own confession for one of the boldest forgeries ever Py wee Aatetioen Grime ton ton hei we. ee erate ain soon A eee Been eld to answer by prosehtment or indictment whether that man, under the piea here sought to be | Of @ grand jury, and in violation of one of the plain- Mre. Caroline Richings-Bernard wili, as heretofore, | gardens and fleids was so rapid that its process was | Julius, Uncle Vic colt, Lancaster, King Henry, | in to swim, but the majority preferred to while oMctate as first soprano. My. S. Behrens will lead | *UMost audible, Rain came dowo heavily again | General Duke, R. B. Connolly and ‘Australia were | away the time with the music of a concert me the orchestra, before two o'clock. | ‘Pool selling” was commenced, | algo entered, but did not come to the post. songs of a comic vocalist, and the inspiring infu. however, as many ‘Interested’ persons had arrived, Vauxhall was the favorite, and sold at 100 to | ence of lager beer. At half-past four o'clock the ap- Miss Susan Galton is now resting from her operatic | although how they came, when they came, or where | 95 before the start. General Duke got away peenave of things underwent a change. The beau- labors, but she will shortly take the fiel@'agaim. On from could not easily determined. The club | with four jengthe the best of the stars, but Vaux- | tifulscenery of the Sound grew dark and gioomy, & Tuesday, August 3, she will open at the Sea Breeze | house had a few visitors, It had also @| nail soon ran up to him on the homestretch, an wide spreading sullen cloud sprang up in the east, House, aay, in “Florette the Cricket.” Miss | 2'meroas staf of well clad waiters. Indeed, the | as they passed ihe stand, General Yorke was lead- | accompanied by Atiul gusts of wind that stirred the Galton’s repertoire will furnish excellent seasiae | Members of this force, habited in black dress coats, | ing only half alength. They ran around the upper | lazy sails and roused the sluggish yachts entertainments, and she will doubtless have suo- immaculately white vests, black “continuations” | turn head and head and passed the quarter polein | from. their torpor. The tug cast off her cess. The Theatre Comique, Philadelphia, wiil be | 04 stiming sh when they assembled on the | that manner. On the vackstretch they were side | moorings and steered rapialy over towards the altered and improved materially during the summer | TPPET ter piazza of the building, appeared very like | ana side, Vauxhall being puiled almost double. At | Success buoy in Cow bay, the turaing point in the recess, and it is understood that the Galton troupe | te delegates of an esyentially English deputation | the half-mile pole Vauxhall was a neck in front, | race of twenty-one miles.” Midway from City Isiand will reopen there in the fall with the view of maki Sent over {rom either Regent or Lombard street or | put, ag they went around the ower curn, the jockey | the storm burst upon the devoted yachts, and for a the Quaker City the permanent abode of Eugsh | “Cur Forelgn OMee,* London, to weat a settlement | or Vaaxhall gave him bis head, and he dashed , way | time It seemed as if: each in turn would go down opera bouge aud English comic opera. of the Alabama ciaims. They took It ‘Dundreary’- | from General Yorke and led up the homestretch ten | under its terriftc onslaught. Their behavior at tins Rome seems to be losing its taste for music. The | JX for atime, but peared really eMicient and atten- | jengths, From there to the end it was no race at | trying crisis was watched with Intense interest and concerts held some time since at tne Capitol were a | “Ye when called to duty. ai, Vauxhall ran at bis ease, while the other was | anxiety. Some of them appeared to leap out of complete failure, and “Mosé in Fgitto was hissed The Rcene became more animated ata quarter to | urged all the way, and he. fruidessly struggled on | the water In the sudden impetus of speed given by at the Argentina. ‘That theatre, however, was to | tO o’clodk. dy gd ge in occasionally, | ten jengths behind. Vauxhall won the r under | the blast. At this moment, when the daring jittle a Ot 7 ith ladies, dress he “latest style” and hard pull, & it or or ten lengths, in Knapp and Three Sisters with full canvas fct up, should be liberated by a single judge on a | ¢st provisions of the consutution. Is tuere any law- | produce a new opera by a Roman lady, Mie Sonoki, | ii} - a hard pull, by eight or or ten lengths, 1 bs PP, Panes Comp and certloranl nat te the only ques: | inthe iew ice ian could be tavprisoned in taautert | Lee tan cea AS Bok te ance eey , | Kalbietach, of Brookiyn, with two ladies, camein'a | purse $900, onecanite naif niles, for all ages. | water, tad the delage of gata and anrae seeps caunodbe dene. and ti aa) hirer tint aon Ae A detlauce of the plain letter of the constitution, and | ‘ibretto, to. Riel one of Abe posuce tam the Talia heat carriage behind a’ pair, There were also pre- | Mainen horses allowed five pounds. vt) MC | Over them in shee, the Favorite, the largest of single scintilla of authority, law or justice for it, It | fet Oo way exist, Ro eter eee camp af Solferino to the Prench earup fm the rimen, rea al obser baer Era pa iS LT a ob. i Metairie, by Star : Re A Rad the, Srateictiony Sadiess. hanied in a sauhar mn itna Canseco mee bur iene E auaeour cous ree bane a H m. The left tobe Detiagetad ations Gor SRA teat Ine Lin bog Weeds bg ig ee ete Wy M. H. Sanford entered gi. c. Hotspur, by Lexing- Satore on the tag. A {og almost dmmediately overs 7 ‘7 g, Fi it ee a aE fe at Ne a ee eteseseveresecsses @ 8] » Ww s Int tinea ange par poets ne | tipper oe conly nachtey of Sate goveramedt | Key ida eek aay acres | Mange ME Mane, Capita Moore Mina, | Lili qited A msi Lai, ° | Wem ben ni x aaitony ry aaa hes eS x in ever; lepartment it is impotent rel cl h ar. a fo De Boe are jam » 5 years old.... seecesesecees B | Grose from the deck o: he judges’ ) e Mari tee, Flee, whats fongery itm corgers for one | PEwower legally eld, ‘rhat ‘aucun power duct | before the foot wits. ay the wid of ner eyesrensen, | Bram sambs Craig. Commatote Dodge, Mr. White |p, cbante catered. Aibiaers, iy cf Davia, "| Lowe haa wons down,” another ery, “The Nelly to utter and publish an instrument knowing it to be daly ee, cn,any, show of reason or Which she always Wore When off the etage, shie man- ney ee fey gel Sa Seer ey Pauw ie. | cam Minctta, AYORTS O10. so. ser-vecseseseorerses & |B, as MONG CR aw eres conte fre and med, for the purpose: fod cosa corpus is the legal and appropriate remedy? Habeas | 0} anverioau menepan hee par SOME Taree Thott sonages, accompanied in soine few Instances by |n- ‘The pool selling was br Hotspur leading at one | the fog, with ali sicam on, to the reseue. A hundred nud defrauding another. What, now, are the f ig | corpus is the proper remedy, tu this State, for possession of wh wo hase not tae be Fg dies and children, Had the weather been favorable | tyme, And then Hira would sell for’ the most money. | yards ahead was & boat tarned keel uppermost jn this case? f, is charged that the prisoner fad a egal imprisonment, except where the prisoner is | doubt, was the principal object of ber visit 4 ‘as the attendance of fashtonabies would have been very | pefore che start, however, Hotspur became adecived | With eight men perched upon it, and, his hand @ false gold certificate; that he forged | Uctained under color of authority of tho United | country. large. Carriages were drawn up under the stands | favorite, and was offered at even against the field, pn A hh ous ee Rte eee ‘Tue “Forty Thieves, at the Park theatre, Brook. | 2", convenient fleld coruers. The band- | The horses were started frou the half-mile poi the name of another party to it; that he went to | Staces, or by virtue of the final judgment or decree a Pand lyn, is attracting large audiences, Missy Ada Har. | MED, discussed some really fine Music. Water | They had a very fine start, Metairie taking the le the bank with it and deposited it on the of a court of competent crvii or criminal jurisdiction, ‘This was the only boat that sufered in tne storm, ~ 1” by Virtue of any execut! 3! 4 ng Jaid on the ground at ail points, ‘The vartegated ° i a lira | Mer crew seemed to suffer little, ana ie ie deere ee certain rt eon ment or decree, it 13 certatn thatthe prisoner isnt earl oreatmuradiy Seunnon eat a’ itrong company. costames of tie Jadios, moving about the club Tonee eae, rapidly ey Sa ane, sa ant irin i rescued, each man avas ianpteng Tad icon! ng ad of money upon it. And it 1s also averrea | “detained under anthority of the United States, Lave | The fact that large and fashionable audience have 7 rs poh hy eg the stil depressing imiuence | the jead at the tlree-quarter pole, but coming up | happy as possible, The fog lifted, and the buoy was imprisoned by virtue of the {nal judgment of | thus far assisted at the representations of the centi- | Se Rolaed Jo BA kr eed soars pares the homestretch Metairie went to the front, and, | rounded in the fol owing order of time: 5 y “ ” " 7 fs a fred on the course, pasting the stand, led one length, Hotspur second, Me Bridenee thas can be widiaced Br anes ine strongest | and the seene became somewhat picturesque. ‘The | bno length ulead of situ, who wes one iengih nical | Three Sisters. ation with which the piece fas been eceivoa in eastern pagoda of refreshment mentioned in the jast | of Aibuera. The latter quit on the tara, and after. esue moral Brooklyn, ‘The play ts placed upon the stage | U4Y’* teporh as standing m the Held in front of the dg was out of the race, At the qnacter pole in the indictment that he did so knowing such gold. certificates fo. be false, fraudulent ‘und | ® court of competent Jarieaicman? | ie counterieit. Is not that a forgery? Willany man | Hot denied that the Court of General Sessions in the light of the: nineteenth century aay that | 18 competent to try a charge of forgery 1a the thira that ia not a forgery? ‘The statute inakes it a | @eeree, in acase properly before it. But had that + 6.08 Skip Jack forgery—the avernent makes {t ery; t court jurisdiction of a case of forgery in the third | with all the lavish gorgeousness, ori erties | CUD house jiad disappeared, but whether | Metairie led one length, Hotspur second, haif a ¢ away home, leaving the Marie One aunts that in Us case te coniettied 8 ferorn degree against the prisoner? No principle ts better | ana effects which ilentined ie Dumardones nition the proprietor had cousummated the “hari- | Yongih in front of Hira, Coing along tie back- | Louise to be towed hack alter bem righted and he has gone from the court of trlal, and from tie | Settled than that Where the law—eapectaliy the con- | Garden. {twill occapy the boards of tae ark dur- | Rat” Mi comsequence of his former exve- | arretch, Nacattie seemed to bo Tunning at his case, | and getting rid of tho water tn her hold. day of Jiis sentence for such forgery he has taken and | 8tudlon—prescribes one exclusive process jor | ing the remalnder or the present woe. riences Was mot known. fhe ruins of his | white Hira showed signais of distress, and began | ‘The tig pniting on all steam distanced the yachts, ovcapled tn seat within the walls of @ prison at & bringing a case before a court, the court lias no jurla Bran Mayo i doing the work of Badger in the “place of business’? were covered with @ white dropping off bef re reaching the half-mile pole, It | stopplug at Riker’s | d and gave the passengera aolf-confessed forger. Lot my friend on the other | (ction of such case if brought before i in any reets af New York’? for the appreciative Roches- | CU, and as this, the absence of color, indicates | was vvident after leaving there that Metairie had the | a chance to air themselves. Shorty a'ter two boats aide expiain if he can why or how it is nota forgery, | Other manner. This was decided in the case of Mar. rans, Hes ably supported by Wiss Fiora Myers, | 20Urltigin Japan, trom Jeddo to Hakodadi, the | race in hand, ashe showed daylight on the lower | hove i sight, te Three Sisters first, the Knapp fol- Hie cannot; and There assert that it was a most base, | PUTY against Maaison, (1 Cranch, 187.) ‘That was | who personates the haughty Alida Mloodgood. Mr. | B40 Way have demised aince the day of opening. | turn, At the three-quarter pole neled three lengths, | lowing, walle all the others could hardly bedescribed Mayo remains in Rochester osc Week, | /¥e Irishman, of Donnybrook Fate Joliity was pre- | and there was no longer a doubt as to whe result. | by @ telescope they lay so far behind, #Bewween John Ball, having rawr er the yweseut Week. | seni. He had his deal tablea In position, and dis | Meratrie came along easily and won the race hy four | the Ewo mentioned was” the real constest oF the dreaded Ajabaura question, has managed to keep pensed lager beer Instead of whiskey, not stating | jengtis, Hira was a very bad third and Albuera a | day. They made as pretty a picture neck thein pretty sharply set ever since for warlike notes | Whether he was acting in compliment to the | worse fourth. Mime, 2:54 bs. aud neck commg up the Sound as a gentie- oly King Wiliam of Prussta, or in memoriam of THE FOURTH RACK. man might wish fo see, The Three Sisters Was wicked, Willful and damnable for; ‘ r an ‘Application for a writ of mandamus against Ih this Community knows tte werd? AMT everybody | Tics Madison, Secretary of State of the United Your Honor, this writ cannot be prosecuted, 1 | States, to compel the issue of a commission to here undertake to say that this writ canuot be pro | te plaintit, It was the first case ftivolying gectited, aud that it ought to beset aside by your | ®4 important constitutional question whict came | trom America. The tirst notes, however, of any | 1° , 17 a rs v vere oO es rom the on e 8 cl e & C00 a on this polinns every Biaunte QYE Lama Geet ee bearing tpon the subject, held that it was “a plain Fen uulleo eld nt ee i attainment of his “papers” as a citizen of the | WH. Babeock entered b, c. Pompey Payne, by reached by the latter at twenty minutes fitore seven and would bé walked over in reference to importang | ase for a mandamus; Dat that the wrt could uot | tries to imitate Jonaiianu, and hls ot paiahewey | North German Confederation, should he ever thinker | Vandal, dam Magneta, three yearg Old....... +5, | o'clock, the former coming In twenty seconds later, questions of this kind. Insist thav this writtcannot | issue from the Supreme Cours im that case, becatve | kuitor inh ront choral hellval Gr soo secon | Mesesting fe Stars and Stripes on electton days |p, MeDouutd entered b."h. Jullus, dy Lexington, — | bat wiouing the race aid. tho. prize. Of Manne Ci u ri i] re d e, 2 + 6 Favoriia came e y this Writ as’ f gometines dd euch thingeracce | Dresoribed by the constitution, was appellate, or? ia. | Vou ave ae ae hee fan ‘thats iro vn, | Out for thesirst race, Uut evidentiy not with the im | yne vettiag on Mis race Was 100 to 10 on Pompey | followed in straggitng time Dy the Nellie B., Skip witle on the bench, I trust, now that your attention | Other words, that the court Was ousted of iis juria- | What's your 6,000 compared with the Hulu 50,0037 | #2400 of learning how to “run away from them” | payne, He cut ont the ranulng from the start, kK and Raynor. On the whole this first regatta has been called fo the statute, that you will | diction by the action not being properly brought | Mr, James Cathcart goes tothe Avch Street Theatre, | Mowld John Bull ever and in hostue array on Long | under a hard puli went on eastly and opened a | was a complete sitconss. ” kee that you have not the power to issue or | before it, tua cause in which [t would have lad Philadelphia, next season as ieadine tn place | [l@ad, as he has frequently intimated in “days Jang | gop of eight lengtis on the first throe-quarters of « The following are the names of the oMcers of the udjudicate’ upon this writ. ‘Take the caso | Jurisdiction if the cause had been properly pronght | of Mx. Barton Hill, Whe. leaves aia carly day tor | AYRE" howoutd, In presence of such an asgeritblage, | Inite, which he did not care to increase althongh It | cinb:—Commo hacles Hi. Longstreet; Vice Af Gailto, tried for murder, indicted for murder tn the | before tt, Jurisdiction ts the rigut to decide, to de- | London, where he Jom Mrs. Jom Wood's compauy | ery Nee cada riteered oni oan Petco Bhtootg ye nstoan toe eon eee ten ed. A8 | Comme lore, David F ; cn ag Stephew 4 Me ey sta Q: A an Nostrand; Secre eld. ¥ led ton Jengths, w double, He went on at the Sh dames theatre 1 fr maedy In Catskill on the Fourth (next Monaar) a vance. | THE Dell rang ont the “inake ready; the riders | his jockey puillag lim nea first degree, but only convicted of murder in the | termine, to do Justice. The constitution of the state second degree, and on that conviction sent to the | Of New York presoribes with great clearness the only -State Prison for life? What would if ¢ | process by which any court tn thug State can obtuin'| yille company, with Alico reigo: oy Jittie | MOUNE, the start is made, and the Hret race coon | queer a surong pull,the race being @ yery tame alfaty. We DEATH OF “TTeACAT the jadges of the court should ineus n haveas corpus jurisdiction over w case of infamous crime, and that | jyece, “lar Pete Alberta,” pins arly iat altrnon coiupléted, So tt went on ‘to the end, the mtervals | Pompey Payne caine in & winner by half a doze THE DEAIH OF HR, WETTERGREEN, aud bring him here, and ask that he be iverated, | I, #4 already shown, by presentment or Indictment | tions, will be an ttem of the “celebration” at that | Detween each of tie struggles being employed 1D | Jengtnd, the easiest winuer we ever saw, Time, Examination Conétuded=Verdict. because he could not be convicted and panished for | Of @ Grand Jury, And as the Conrt of Sessions had | village. | ‘setting,’ eating, drinking and depioring the staie | 3:37, { voner Keenan youterday conceded tued ‘ murder fm the secoud or third degree, he having | NOt obtained jurtadiction by this process—the only | At Tweddle Mall, Albany, on the Pourth, the | Of te weather, Fervent hopes were uttered of w# THE PHM RACE, a ee ee been indicted for murder in the first degree? On | due process of law—over the charge of iorgery in | aerial Gregories will periorm their thritting feats | “better day” on Saturday, and after the conclusion | purse $400, for ail ages, two and one. y | gation im the case of My, Frederick Wettergreen, puch a plea ag that would your Honor bo justifed to | the third degree, against the prisoner, for witich | “an tue flying trapeze,” Of the Jast race the spectators dispersed, natural | mies, entrance mouey to second horse, masdvus ai- | who died some days ago at No. 219 Pita etree’ yourself in digcbarging himy Certainly not. inde- | crime he i sentenced, it necessarily foliows that | «starr, Whose spirits are generally good, | #904 humor dissmating the vemporary a’sagrémens Towed neven | i + wate beribing the offence J Would say, on the part of the | the conrt bad not jurisdiction, And the same | feeis them ou the rise from te fact that Bateman | Of the day aa they “spanked 40” and joked each | yw, Wanda) hd b. my Aleety, ly Rogers, from the effects of poison, the partioulars of Ww! ‘ople, that yon cannot discuss that question here, | Clause of the constitution Which makes @ pre- | has gecured his services a8 co-manager of Miss Hare. | Ober by the way on tie way on their return to New | “gam Angelina, 6 years Old. c..cccccecsee 1 | have heretofore been fully reported in the HRRALD, huis t8 @ fin judgment by a court of cofpetent jn- | sentment or indictment the only due process | man next fall, York, Brooklyn and the different rarhi Tesitenees | p, Mopantel onvercd |). f. Saral B, by Pianet, dai several Witnesses weve examiued, but no hnportan’ ristiotion, and therefore one of those cases where a | for obtaining jurisdiction over an infamous Carlotta Pattl and Vieuxtemps are coming over ; Which sind the roadside. | Adeigacia, 4 years old... pet et .. 2 | facts other than already printed were elicited, havens col cannot be granted and a party can- | crime, provides that no person shall be deprived | next fall under Max Strakorca’s management, ‘they | 99a ‘Time, 4:97), | Wooster Beach, M. p., deposed to making & post. not be di . his liberty without dae process of law. | will leave Burope for ths country about che lat of ‘The Racing. | Sleety was the favorite at 100 10 40, ‘The horses | mortem exammation on the body, Which resulted the hae aa yin here rend the provisions | (Ett. ts ae pba eat Mal” fg RS The secoud day of the runHing meeting at the | had Bgood start, HUE Sleely soon Went to the trout | in Mnding in the stouiacty the uomistakabie, evte of the | case and proceeded, for or elfect in law ‘These sultry nights there is no more refreshing place spect Fi 7 t apie and Jed up past the stand half # length aticad of | denees of the presence of cyanide of 5 U tnalat before that tinal fa jament in as it) @ final judgment of a court of | togo to than Centra Perk Garden The evel vanes pepect Tepe ete Grounts, Wines thé wuspiows Rad Baran B, ‘a Jed, one jength ground the turn, nd | witch, i his opmion, was the cause ef death. yhe cage Was then Submited to the J who rendered =! oriminal juried not have the competent jurisdiction? A judgment is do. : aja f “phat the dedveased, Frederick, playing through the grounds and ball, the fonntain contro! of the American Jockey Club, took place yes: | Was more than that in front at the quarter pole. At writ of corpus, Where the offence is adjudi- | fined by Blackstone to be the sentence of the law, he cooling refreshments, aud, to 6 i, th er ferday afternoon on a track rendered almost feviock | tho half-mile pole vue ied two Jengths, aud came | the following ver cated upon bye court of o tent authority. I Cy the court upon the matter coniained music by‘ Ineo. Thotan’ aeead Orebesiva Au oontyes dee) yi the heavy rain that had fallen during the | around to the Rana four Jengths in front, Sarah hi, | Wettergreen, came to his death oy swallowing cy an- havo passed the question eles aare was any | 1 the record, (3 Com., 495.) There is no matier | to make tho place Immensely attractive to our over- ng Shoe vy then made her run, aug at the hail-mile pole was | ide of potagium, bul whether taken accidentally or ji] actualy , and merely to the | Contained in the record in this case upon whicn a | heaiea citizens, who flock there nightly by thou- forepart of the day, The attendance was limited ‘and head Witt sleety. She did not stay there | wich suicidal mtent the jary are unable to deters Pinos Bully wad Wap RaiDs OF & ‘aap paMebe septence Jor forgery coud possibly be propounced; 1 wands : wud the sport not of eyob o Charagter a Would be | Jong, howerer, for Hlecly Ahook ber of, and eoon | mine.”