The New York Herald Newspaper, August 12, 1869, Page 6

NEW YORK CITY. _—— Té COURTS. UNITED STATES DISTRICT CONT. #aner Dark?—Motion for a Preliminary Ine Junction Against McDonangh—Metion De- nied—Decision. By Judge Nelson. Henry D. Paimer vs, John BE. MePonough.—The Jolowing decision in thts case was rendered yester- @ay:— Neon, C. J.—This is a motion for @ prelimi. Bary injanction 2 restrain the agent ~~. resell on the stage ® certain drama, play called “London a Night,” afterwards by the name or title “After Dark.” The complainant charges that a person by the name jon Boucicault, of London, was the author, and that he held an assignment of the manuscript from him for and throughout the United States. One of the ds get up by way of defence is that there had n & publication of the drama with the knowledge ‘and assent of the author before the assignment, or of the — afterwards, which it must be ad- mitted would constitute a complete defence to this motion, The bill avers that the play had never been printed or published in print, or 1p any other way Gedicated to the public. The bill is sworn to by the complainant. The assignment to Palmer is dated April 16, 1863, It appears ‘rom the aifidavat of the @efendant that long before ils representation in the city of New York, which was in the autumn of 1868, the play was in print iv the city of London, and on gale with other plays at various book stauds kept wublicly in that chy; that im the summer or carly hh the falr of that year he sent to tis correspondent in London for a printed copy of the play and afterwards received itjfrom him, Woodward, who Makes an affidavit for the defeadant, received from London acopy about the same time. It ap- pears, also, from the afiidavit and from a newspaper published in the city of New York on the sist of ir, 1868, that this play was on public sale there. Now, although there is no direet evidence that the printed publication in London was prior to the as- sigoment to the complainant, or that it was made with the consent of the ‘author, yet, taking into account the fact of the private copies being on puolic sale in the city of New York, where the com- eens resides, we are of opinion that as it re- ects the complainant cimself, who is the party ex- clusively interested in this country, a case has not been made that would justify usin granting a pre- liminary Injunction. Some explanation ina more authentic form than can be made by ailidayit should be made of the several printed copies on sale, as is shown, both in London anc in the city of New York. And for this reason the injunction should be w held Gill the hearing en tue pleacings and proofs. Motion deniod, UNITED STATES CIRCUIT COUnY. Excessive Damages Aguinst a Ratlroad—A New Trial OrderedDecision. By Judge Nelson. Charies C. Lockwood vs. The New York Centrat Railroad Company.—The plaintiff in this case was accompanying some cattle belonging to him durmg ‘their passage over the Central Ratlroad from Buf- falo to Albany. Near the town of Lenox, on the imme of said road, is a high embankment passing over a deep chasm and forming a steep ascending rade. The engine attached to the train upon wht he plaintiy was, being deficient in power, t! tempt was made (o ascend the grade by ‘ba gown and starting agaia with great force, by which some of the cattle were thrown down and their safety endangered. The plaintiff thereupon got out of She car in which he was riding, and while walk- ing forward to look after his cattle feli into the cuasm, wiich was not guarded by any light or rati- ing. For the injuries so sustamed tne plainti sued the company and recovered $25,000. The present application is on the ps of the company for a new trial on the ground of excessive damages. ige Nelson—After the best consideration we - ae been.able to give this case we have come to conclusion that the damages are excessive, and that the case should be submitted to another jury, But as we do not find any substantial error, in polat of law, committed by the learned jadge in the course of the wial, the new trial must be on pay- Ment of costs of the Circuit. Let a rule be entered accordingly. UNITED STATES COMMISSIONERS’ COURT. Alleged Mlicit Manufacturetef Cigurs, Before Commissioner Shieids. The United States vs. Joseph Beckhardt.—The de- fendant was arrested on complaint of Joseph Arciit- bald, who charged him with manufacturing cigars at bis house, No. 204 Second street, without having paid the special tax. It is said that there is a thriv- ing business carried on in that localtiy in the illicit munufacture of cigars, in some cases, usit is alleged in this, a family of fivefor six persons being engaged in it, Thoir operations are carried on in cellars and 4m the coal vaults under the sidewalks. Selling Unstamped Cigars. The United States vs. George Kakn.—Defendant ‘was the pedler who went into the office of Commis- sioner Shields on Saturday last and offered to sell him cigars on which the tax had not been paid. He Was discharged yesterday on the payment of costs. The cigars seized at the time of his arrest will be wold for the benefit of the government. Kahn will, it is said, be used as a witness against other parties. Clerks of Unlicensed Lottery Ticket Dealers Held LiablemImportant Decision, Tre United States vs, John Connor; The United States vs. Joseph Young.—The following dect- gion in this case was rendered yesterday. It ts of importance as settling about sixty other cases of a similar character, These parties were, charged with violations of the internal revenue aying the special tax as lottery ticket ing as clerks of McIntyre & Co., and were, therefore, Jew in not ft dealers. The de‘ence was that they were only act- not Hable. The Cominissioner held that they were liable under the law as being concerued and engaged in the business of jottery ticket dealers without pay- ing special tax. Defendants were held w await the acuion of tne Graud Jury. URTED STATES MARSHAL'S OFFICE. The Spanish Gunboats Tarned Over to the Navy Department. Marshal Barlow received a telegram yesterday morning from Secretary Fish, relieving him of the Guty of watching over the Spanish gunboats seized by him a few days ago. The Navy Department, the despatch said, would be heid,responsible henceforth for their detention, SUPREME COURT—SPSCIAL TERM, The Widening of Robinson Street. Before Judge Barnard. In (he Matter of the Application sor the Extension of Park Place, éc,—This was an application for the appotntment of Commissioners of Estimate and As- sessment in the above matter, Mr. T. C. T, Buckley, of the firm of Platt, Girard & Buckley, appeared as counsel for Edward Ellsworth, John Tranor, Colam- bia College, and seventy other owners of property aiiected by the contemplated extension or widening, and opposed the application for the appointment of the Commissioners. He moved that the matter be adjourned over until the 7th of September. He also presented, under the statute of 1839, a petition submitting to the Court the name of James H. Coleman as a diginterested and proper person to be appointed one of the Commissioners in the matter. ‘This petition was signed among others by the Irus- ‘tees Of Columbia College, Dr. John Tranor, William B. Astor, William Redmond, 8. B. Chitteaden, Ed- Rss Ellsworth, John Jacob Astor (trustee), atnest Comer, George Bliss, J. ©. Hinds, William Watson, ould Hoyt (executor), O. H. Lillienthal (represen- tative’of the Taylor estate), and a large number of hers. ‘The Court took the papers and reserved decision. SUPERIOR COURT—SPECIAL TEAM, ‘The Pratt Habeas Corpus Case—The Prison ers Discharge Ordered=Decision, Before Judge McCunn. Inthe Matier of John H. Pratt, a Prisoner.—The following decision was rendered in this case yeater- @ay. Pratt, the petitioner, who is now 1n the cus- tody of United States Marshal Barlow at Fort Scuuyler, is to be brought up for examination to- day before Commissioner Osborn:— The prisoner ia before me on return, to @ writ of habe gorpus, anda motion is made by the District Attoney that he tbe remanded to the custody or the United States Mats roach the consideration of the issues Involved in the cation with » very serious seane of responsibility, and with Ct to discharge the {duties Imposed upon me by the laws of the land. Happily for my own ease of mind those eee. are too obvious j0 be mistaken, and too imperative to The State of New York, grhose laws I am commissioned to administer, to dnty of the officer before whom writ of urnable, in the following expiiclt and pro t shall be the duty of ‘court or o: rth d such, feet that he te detained in cus y any court or judge of the Un! tat suob court or Judge has exclusive jurisdictivs New York Statutes, Edmond's editjom, vol. 2, ore. , & tion $4 reade:—"If no legel eause be ‘shown’ for such impri- sonment or restraint, or for the continuation thereof, sugh gourt or oder shall discharge much, party from the culo. Or restraint under which he /s beld.' ame effer «FR pordape atl more explisitness, 48 \giiage of nec” 101 » “The petitioner is not in confinement on e process issued by PAY jadas oF court of the United States, and I am not there- fore required to remand him by the first of the above cited Inder the other provisions of tho atatute the only yuiry open before me is, dors ft epee, by urn to tl the petitioner Is held in legal, coniinement If it appear, that fa Janu, my duty is plain and imperative (0 him into tho custody of the Marshal. If, on the it be evident that his tmprisonment ia without war- law, my duty ts equally plain and Imperative to re- him to ey Fi authority of the federal gor. ‘within }of its operation, I cheerfully and case , am to consides any contested claim of jurisdiction and the State of New. York. Mpa the petitioner is held be poe shee Se Sur ] determine wi ‘and T reserve to ciding whether the arrost of the petitioner ye fertion of that auhority, I take, the atise coutnement ae, Fort ne olurm and Z proceed lo hether that, coanem fou of tho federal government (0 ause of the petitioner's arrest and detention 1s stated In the following warrant by @ United Stated commissioner :—~ YUE PRESIDENT OF THE UNITED STATES OF AMERICA, TO THR MARSHAL OF THE UNITED STATES FOR THE Sovrurun Disrrict OF NRW YORK, AND TO HI6 DPPUTIVe, OR ANY OR RITGER OF THEM:— Whereas complaint on oath made to me, charg- ing that J. H, Pratt did, on or about the 4th day of October, in the year 1588, in the State of Texas, within the limits an jtaiadiotion of the Untied States, commit the crime of mur- der, by forcing the safe guard of the United States troops, at {he own of Jewerson, ip the said State, and sling of W. Smith, Lewis Grant and Richard Stewart, and did then and there, ‘with others, commtt the crime of treason against the United States, as Is more fully set forth in the complaint on be ay oe . ‘ow, therefore, you are hereby commanded, the Président of the United States of Americt, to apprehend the said J. H. Pratt and bring bis body forthwith before me or some other judge or justice of the United States or United Btates commissioner, oF a justice of the peace or other mag- iatrate of the State of New’ York, wherever he may be founa, that be may thea and there be dealt with according to law for the said offence. Given under my hand and seal thie Sst dey of July. in the year of our Lord 1832, JOHN A. OSBORR, punted States Cominissioner for the Southern Distiiet of jew You EDWARDS PrennErowr, United States District Attorney. Is this a legal commitment? In it the petitioner is accused of two crimes—treason and murder. As to the charge of treason, either the commitment ta so general as to be ob- noxious to the principles of the common law, as propounded by every court in England and in this country, or else the facts it sets forth are fusuficient in law to coustitute the crizue, It we read the clause charging treason by {tself and separate from the context, the commitment states no act on which the crime may be’ predicated, and ts 40 faially detec. live, If we construe the charge in connection with the facts previously recited ia the commitment, and are to accept them as the f treason imputed to the’ peiltioner, they plainly te the crime under the constitution of the etlon of the third article of that © eagon against the United States shall consist only in levying war against the United States, or jmadhering to thelr enemies by giving whem ald and eém- fort.” To say that the specitic acts of violence imputed to the petitioner in the eonunitment amount to ireason, 13 not only to argue in defiance of all the decisions of all’ the courts, ‘ut 18 euch egregious nonsense as uot to deserve serious refu- tation. ‘The commitment, then, so far as it purports to charge the petiioner with treason agatast the United States, plainly ac. cuses biin of no such rime, or else accuses him in a style 80 general and ineuilcfent as hot to amouut, in legal construc: tion, to a charge of the offence. The facts cet forth in the commitment as constituting the crime of murder, it may be conceded, full the legal defint- tion of that offedce, and are stated, with sufllctent certainty ry ents of the law. But the federal gov- ction of the otlme of murder, except viz.t—“When committed 'on the process within the jurizdie!! aw! im the name of ca high seas, or with y forty arsenal, dockyard, mazaziue, orin any other place or district of county under the sole and exclusive jurisdiction of the United States.” ‘ th of the commitment nothing appears to charged was committed ‘tou the high seas, or Ww! rsena!, dockyard, magazine, or in any other place or district of country under the sole aud ex: clisive jurisdiction of the United 8 Z But allowing to the federal very presumption of jurisdiction to which superior courts are entitled, ana it i still apparent that they bave no jurisdiction of the crime charged a: a J show that the ma Texas, and is Texas, not against Tt {sa crime of which the courts of Texas mm. In the language of Mr. Justice very point in the “Matter of James r and conyl authorities for murder committed in who for this, us well as other reason: habeas corpus; in the language of Mi will be observed that the offence is one which, according to our constitutional system of government, is cognizable by the Cleric authorities of the State and not of the federal overnmont.”* on the same ground, in the “Matter of Martin”? (45 our, 143), Mr. Justice ‘Leonard discharged the peti- t on habeas corpus holdin, charged—arson in the city of government had no jurisdiction, a decision, I may Add, in which the United States authorities "had de- corously acquiesced. Jetention of the prisoner on the charge of murder {a th gal, because it appears by the commitment that the federal courts have no jurisdictio of the olfence (United States ‘vs. Hand, § McLean, 274). i may observe here that the dictum of Mr. Chief Justice Taney, in Abelman va. Booth, (21 Howard, United States), its correctness be assented to, has no application to the present cae, since there the prima facie jurisdiction of the federal authorities was conceded, and the Contention was as to the constitu tionality of a federal law; wheress, here it {s apparent on the f Process under which the pott- tiouer is held, tha withont jurisdiction, and is an absolute nullity. ‘application ‘to discharge a pris- oner the question je extremely diferent when be fs appar- ently held Uy authori ty of the United States, from the ques- ou preseuted when he is obviously held by uo authority uw . by the federal Carolina, aud discharged on @ Nelson, “It that of the offence lew York—the federa! haps it ig not incumbent on me to dispose of an obj not presented in the argument of the District Att but for my own satiafaction, and out of an extreme solicitude to comply with every possibic requirement of the federal law, I revolved whether I might not remand titioner m of the Reconstruction acts. But against such a decision the following argument is conclu- sive:—The commissioner, on whose warraut the petitioner hell, is an oflicer of a civil court and Las only civil juried! expressly declare that ras is without a “legal government” and is subjected to “military law.” ‘The mili commander is empowered to punish “all disturbers ©, public peace ax criminals." § fl tribunal can take jurisdiction of erimin: “allowed” by the military commander. “All interfer. « der color of State authority with the exercise of mil- Hary authority under this act shall be null and void.” In ‘Texas, therefore, there is now none but military law. There uo elvil court under some provi jurisdiction, but as a part apd dependency 1. ts that an offence committed in Texas, if the Reconstruction acts be valid, 1s an offence against the mil- tary law, the only law of the place. Wherefore, the Com- missioner, an officer of acivil court, has no jurisdiction to commit for a crime not cognizable by a civil court. Civil aud mnititary law are not only not instrumental and auxiliary to each other, but the existence of the one necessarily implies the exclusion of the other. The powers of the Commission: ers are defined by statute; and nowhere in the volume of Congressional legislation can be found an act authorizing a United States Commissioner to commit for trial before a military court. In any aspect of the case it appears beyond question that the detention of the petitioner oy warrant of the Commis. sioner is in excess of jurisdiction, and ft results thence thas the detention of the’ petitioner Je illegal. From su 1 deteution the statute makes it my !mperative duty to re him. If there were avy evidenze be-are me that the pe ia guilty of a crime against tue laws of Texas I should direct him Jato the eustody of the sherlif to abide a requisition from the Goveraor of that State. But asthe complaint on which the Commissioner tssued his warrant waa not produced to return to the certiorar), 1 before me nothing but the hearsay statement of the sioner that the petitioner has committed murder in the State of Texas. T have no alternative, therefore, but to order that the peti- tioner be discharged. A Queer Case. Before Judge MeCunn. An application was made before this court yester- day for an order of arrest, the damages being laid ata very large amount. The party sought to be ar- rested is one of the richest and most prominent ho- tel Keepers of tis city. and the application was based solely on the ailidavit of one J: Brown, the aileged Keeper of a house of ill repuie in Twenty- sixth street, between Sixth and Seventh avenues, Judge McCunn refused the order for arrest on the ground that he thought the ends of justice would not be subserved by granting it, The Suspension Bridge Company nud the Stockholders. Thomas J. Kip vs. Hudson Highland Suspension Bridge Company. Same vs. Erie and New England Railroad Company.—The following order was yes- terday made in these suite:—Upon reading the com- plaint 1 the above mentioned action, and npon hearing Edwin James, counsel for plaintiff, and Ben- Jamia rae counsel for the companies, it is order- ed that the hearing of this cause be adjourned. And it is further ordered that counsellor atiaw be and he is hereby appointed. the referee to take the testl- mony, Upon oath, of such witnesses as the plaintiit may require to be examined tn support of the alle- gations in complaint ; and it 13 further ordered that the said referee report such testimony when taken to this court, and that the testimony ey taken be read upon the bearing of this cause. SUDROGATE’S COURT. The Chittenden Will Ca Before Surrogate Tucker. ‘This interesting proceeding came up yesterday bo- fore the Surrogate for his adjudication. 1: appears that Mr, James ©. Spencer was appointed special guardian over the infant or minor, who is now an Interesting young lady of twenty years. It is neediess to state that tue will was opposed in the young lady’s interest. The special guardian, Mr. James ©. Spencer, pro- ceeded to inte! objections before the Surrogate to the will, and was proceeding to offer testimony in opposition to ita validity, when he was requested by the minor herself to withdraw his opposition and allow the will to be admitt to probate, The guardian, considering that it was his duty to oppose the probate of the will, inasmuch as the instrument did not award her as much as she was entitled to, presented a petition in the Supreme Couri before Jadge Cardozo to learn whether it was lus duty to proceed on the opposition to such probate or adhere to the wishes of the minor, Judge Cardozo decided that he should yield to the wishes of the minor, aud thereupon the guardian Withdrew his opposition. This order of Juage Car- ozo was presented before the Surrogate, who, on this end the further facta which appeared before ‘Dim in the matter, admitted the will to proimte, COURT CALENDAR—THIS DAY, SUPREME COURT—CHAMBERS.—N. i 9, 102, 103, 121, 126, 138, 142, 104, 105, 113. panne SY CITY INTELLIGENCE, Tae WEATHER YESTERDAY. The following record ‘Will show the changes in the temperature for te past twenty-four hours in comparison with the cor- responding day of 1aSt year, as indloated by the thor. mometer at Hudout's macy, HERALD Bi Broadway, corner of Ann sirect:— rin + 1963, 1809, 1963, 1860. SA. M, ia 70 68 bh 6A. M. 4 i : 85 ry 19 80 M. 8 12 M 82 81 12P,M, 80 Average erature yesterday, +79 Average temperature for corresponding date laat year. 16% ‘THe Fine CoMMISSIONBRS Conatitated themselves @ committee on appointments yesterday. Several applications were received aud laid over for future consideration. SuppgEN DgatH.—Ooroner Schirmer yesterday heid 00 1DGUEHE At NO, $66 Hugeon gireed oxer Hh hady of | NEW YORK "2: “A Fos & ad ’ Baan pa ae who died suddenly | THR WATER.—The body of an unknown Man Was yesterday found in tho East river of the Lunatic Asylum on Blackwell’s Island, Ooroner Sel will ay inquest. . pp at GARMAKHES? UNION No, 90, of this city, have resolved to make a sore aah ate, of the cligarmakers of Leipsic, im, Germany, who are now on a strike for higher wages. WALL Srresr UsvRERS.—It 1s reported that at four o’clock yesterday afternoon the two Wall street usurers who were sentenced by Judge Cardozo to imprisonment to the City Prison, had not been de- lvered into the custody of the warden of that insti- tution. “ACROSS THR CONTINENT.” Yesterday a car load of fresh fruit avrived in this city direct from California bythe Pacife Rattroad. The fruit was hipped by the Sacramento Vrait Company, and, though detained two days at Chicago, was in good order on 1ts arrival here. “GENERAL ORDER NO. 673,” issued yesterday by Superintendent Kennedy, requires, in pursuance of ag resolution adopted by the Board of Police, that on and after tho 10th day of November next cach member of the force shall reside in the county in which he is assigned to duty, FaratLy IxJuRED.—Coroner Fiynn was yesterday Notified to hold an Inquest at Bellevue Hospital on tne body of Margaret Feeney, a native of Ireland, aged ‘ty-two years. A lew days deceased received a fracture of the shoulder aud other inju- ries at her residence, No. 280 Oi street, cal her death in the hospital on Tuesday night, THE ODD FBLLOWS AND THE PACIFIC RAILROAD.— It 1s announced that the wives of representatives to the Grand Lodge of the United States of the Inde- pendent Order of Odd Fellows, which meets in Sep- vember next at San Francisco, will be passed over the Union Pacriic Railroad at one and one-fith of the regular charge, With a free return passage, aud at half fave either way on the Central Pacific. Tue BROADWAY PAVEMENT.—The obstructions which for two years past, now here now there, made Broadway impassable aud, in fact, closed large sec- tions of it at atime entirely to travel, to the great chagrin of everybody wao had occasion to pass down or up or across this central thoroughfare, are to hinder trafitc no more, ‘The contractor for laying down the new pavement, Mr. ©. H. Guidet, who was the cause of these obstructions, in order that his men might proceed with their work without ob- structions—~(no pan intended)—has completea his contract, and the last stone was put in its place yes- terday afternoon. {tis but just to say that the pew pavement appears to be the best adapted of any in use in the city for heavy travel, and it looks as if it may last along time, uniess sewer contractors or gaspipe layers or peradventure some horae railroad monopoly do not come along and tear it up again. THs New Post Orrice.—Judging by the earnest- ness with which the preliminary work at the site of the proposed Post Office is belug prosecuted, there can be no doubt tliat the present generation will live to see the work wa sutt accompli, The posts for the fence to enclose the work are all sunk, and in a day or two the plot will be hidden froin the gaze of passers by. ‘ue work of removing the fountain and the trees i3 aiso rapidly progressing under the di- rection of the Street Commissioner. The fence which Was erected at U orthern boundary of the plot was seized upon some enterprising bill poster, aud the first instalment toward making the fence an academy of design was posted, This did not suit the designs o! the overseers of the work, so the bil was taken down avd a sign, ‘Post no bulls’? painted conaptouously on the fence. The latest ap- pointee on the job 1s Captain Tisdale, superintend. ent of rigging. ‘This is not supposed to be arig on the pubic but on the government's derrick. Tux Avaust Mergons.—The tirst large meteor of the August stream sped across the sky at thirty minutes after eleven o’clock on Tuesday evening. The maximum period of the display appeared to be at 2:46 the following morning, when the meteors moved in such numbers that one observer could not register them. ‘The meteors were noted for the rapidity of thelr fight, their short trains, great bril- Maney and for the 1arge numbers of a red color, equal fn appareat magnitude to Gamma, Urse Minoris. ‘he register runs thus:—August 10, 11:30 P. M.—A splendid meteor of first magni- tude, emerald, with train of 15 deg., shot south- ward 80 deg. from a point 3 deg. east of the noted cluster in the sword handle of Perseus. The train was visible thirty-flve seconds, At 11:32 another, equal to Jupiter, exploded ike @ blue light near cluster In Perseus. At 12:42 one, yellow, equal to Jupiter, shot 5 deg. S. froma point 6 deg. FS of cluster in Perseus, At 1:10 one, red, equal to Mars when brightest, shot E. 8, E. 20 deg. froma point 5 deg. 8. of Capella; train 6 deg. At 2:03 one, yellow, equal to Venus when brightest, shot 10 deg. 5. from & point 8 deg. S. of cluster in Perseus; train 3 deg. A lady observer noticed the peculiar beauty of this meteor. At 2:20 one, yellow, equal to Capella, shot S. W. over 20 deg. from cluster ln Perseus; train 10 He? At 2:46 one, yellow, equal to Capella, shot 8, S.E. 5 deg. from poimt 6 deg. S. of Capella. At 0 one, white, equal to Capella, shot 3 deg. 8. 8. W. from point 3 deg. 8. 8. W. of cinster in Perseus. At 2:46:12 one, yellow, equal to Jupiter, shot 8. S. EB. 2 deg. from point 3 deg. E. of Capelia. ICE INTELLISENOE. Fucur From Wkppep Buiss.—A man named Robbins, of No. 186 Cannon street, was arraigned in tue Essex Market Police Court yesterday morning, on the complaint of Mr. Kellock, of No, 66 Third ave- nue, Tue charge against Robbins is abandoning his wife, without providing for ber support, He was married bat eight weeks, STOLEN PROPERTY RECOVERED.—About sixteen months ago @ quantity of table linen and cutlery disappeared from the St. Nicholas Hotel and at the same time Margaret McGrath, an employé of the hotel, gave up her situation. She was suspected of the theft, but was not caught until a day or two ago, when @ quantity of the missing goods was found in her possession and identified. She was ar- raigned at the Tombs yesterday and held for trial. A NoroRiovs BURGLAR IN CusTopy.—Late Tues- day night officer Killeen, of the Twenty-first pre- cinct, arrested Joseph Lambert, allas Stephen Har- rison, alias Joseph McGovern, alias Joseph Acker, on suspicion of having entered the apartments of John L. Coogan, at $79 Second avenue. When taken to the East Thirty-fifth street station house a chisel, two picklocks, @ pair of siceve buttons and two twenty-five ceht pieces were found in his possession. The sleeve buttons and silver coins were identified as melas | been stolen from Mr. Coogan’s apart- ments. Lambert was identified as a notoriot ur giar who was arrested on Jaly ®, 1869, waa tried under the naine of Joseph Acker and convicted, He Was sentenced to fifteen years imprisonment in the Aubura State Prison by Recorder Hackett aud es- caped from the officers while being conveyed to State Prison, Acker will be detained for examtuation. ROARD OF HEALTH. The regular weekly session of the Board of Health was held at one o'clock yesterday, when the roll was called, and Commissioners Stephen Smith, Dr. Crane, J. 8. Bosworth, B. F. Manierre, M. T. Bren- nan and Dr. Swinburne responded, ‘The secretary, Mr, Clarke, and the president, Mr. George B. Lin- coln, being absent, Mr. Hastings, attorney for the Board, was called to the former chair, and’Dr. Ste- phen Smith to the latter, pro tem. During the reading of the minutes of the previous meeting Dr. Stone entered and took his scat, The blood packing establishment at No, 202 Bl- dridge street was complataed of. It was stated that the blood was allowed to remain until decomposed aud emitted the most offensive sineils; after having coagulated it Was seat off In barrels to other places, Orden i to be digcoutinued, geant Thoxrson, of the Sanitary Squaa, ported, through Dr. Harria, that he visited te Kook yards ab Cammunipaw, N. J., and found the cattle Which came from Viorida in a very poor condition from the sea voyage. He learned tuey had ,been eight days without food or water and wo had ‘died. The cause of death he believed to ve from starva- tion and exposure during the voyage. ant Bane reported ee, violations of the Tene- ous ct, and he was Cie’ uA Suits against tné partiog tered t0 commence Dr. Hanis reported that during the first week in August there were 591 deaths In New York and 224 in Brookiyn—a lower rate of mortallty than was ex- perienced for ‘responding week of summer in Taany years past. The gain is Hoticeadie in all ages; but tho mst cousptcuous in the frst years of elle hood, ‘The foliowing comparative table of mortality for the four last years 1s iateresting: oe: NEW YouK, Mortality Birt Week in August. Total number of deaths lnfants under one yar, | “gal 146) 1 Children under ive years. 166), 212 ‘otal number from Zyna 226)" 148] 150} Dr. HARWIS ascribed this Improvement to three prinetpal causes. First, that while some of the water side nuisances and slums suil continue there is yeta greater degree of cleanliness observed in the #treets and teaement houses; secondiy, the tem- Deracure Las been very favorable to the preservation of life aud health, and thirdly, thousands: of tene- ment houses are better ventilated, oaes the adoption of @ better aystem of tho whole Metropolitan district, the ant Ly of which are shown in Paris, France, where the death rate for the week ending July 17, 1869, was 22 In 1,000, THe twenty years ago it was nearly twice as great. report was received and placed on flie. Dr, Sron# submitted the following resolution, which was yt ige Resolved, That the driving of cattle aneep shall be permitted dari ie day from the foot of West Forty-second orth Moore, through Bleventh avenue to poiuts in Forty-iourth and Forty-first streets, not east of the west aide of Temi aveuue. and to pointy ia Forty. Forty. ‘THURSDAY, AUGUST 12, q VOR eye. ¥ 4 Sg r. 88 u Tattler for the Jot aa a supeca! sesslt he gerneten the fattoraey to q mo behalf the owner of the Rat- defend sult # of who, gating we offal boat, was acting for a a of ets é Tall e 0 “i by Sasistaft Sanitary Super- ntendent it “Mr. Lincoln, son’ of the regidanie, olds @ clerkship In the office of Dr. StiléS, Was alsd considered in secret session, and & report ordered to be made at a subsequent meeting. TUE MEALTH OF THE PORT. Although we are now in the middle of the 30- called *‘sickly season,” the inhabitants of New Y ork and the adjacent cities and the floating population of the port have nothing to complain of beyond the ordinary “ills that flosh is heir to.” More than the average crop of unripe fruit has been brought to warket and devoured with customary avidity and imprudence, but cholera vases have been remark- ably few and far between up to the present, and now that the diferent fruits are becoming suff- ciently matured for consumption the probability of a serious outbreak of this dreadful disease is grow! “beautifully less.” ‘There has beon the usual ‘scare’ of yellow fever, but although that terribie scourge is raging with fatal ferocity in most of the West In- dia ports the crews of the different vessels witch have arrived bere during the present season have been healthy beyond precedent, Owing to the Be valence of northerly winds there have been but few arrivals from low latitudes within the it week, and at present there are only two of Yellow Jack’s victims at the Quarantine stutton, and, according to the last report, they are both in a fair way of getting the best of *‘Old Bones” this time, The North German bark Columbia arrived at this port on the 7th ist. from Bremen, with 264 emigrant passengers, ‘There were two cases of smallpox on board, The patient were sept to the smallpox hospital, Blackwel)’s Island, and are doing well, ‘I'ne vessel has been detained at the Quarantine station and thoroughly fumigated, but will probably be released to-day. ere has been a very satisfactory falling off in the smallpox importatton from Germany this season. Last year as mpRy ag thirty-flve cases occurred on one vessel, Dr, Reed, the efficient and indefatigable Deputy Health Oflicer, 1s keeping the sharpest kind of look- ont, and expresses the conviction that the present quarantine arrangements are equal to any emer- gency. Any attempt at importing smallpox, choler: yellow fever dnd such like deadly ills could be ef- Jectually nipped in the bud if the other health offi- cers discharged their duties as faithfully as Dr. Reed. “A nod is as good as a wink,” &c. THE SECOND AVENUE RAILROAD CASUALTY. The Driver Censurod by the Coroner’s Jury. Coroner Fiynn yesterday held an inquest at the Coroners’ office, in the City Hall, in the case of John Beglen, the man who was crushed on Monday night by Second avenue car No. 86, in the Bowery, near Hester street. George W. Denu:s, of No. 20 Pearl street, testified that he was riding on the front platform of the car on the night in question; when in the Bowery, be- tween Grand and Hester streets, he saw the deceased ran toward the car; the driver stopped the car and ‘the deceased got on; he had scarcely done so when the car was started suddenly and the deceased fell off; the step of the front platform pasded over the man and crushed him; the driver at once stopped the car, which wag moved back; the deceased was found lying insensible on the tvack. This testimony was corroborated by J. Q. Adams. James Davidson, the driver of the-car, testifled that after the deceased jumped on the ear he swung around; he was then holding on tothe front rail; after swinging around he feil off; witness stopped the car almost immediately; he had the brake on all the time, and the car had scarcely moved; when the car Was moved back by himself and the passengers the man was found lying insensible ou the track; witness had been a driver in the employ of the com- pany for nearly fourteen years. The rules of the pls any forbid passengers getting on the front Platform. Dr. Wm. Glime made a post mortem examination of the body of deceased, and found a fracture of the upper part of the sternum. There was also a frac- ture of the spine. Coroner Fiynn addressed the jury at length, de- claring that some action should be taken to prevent the rapid increase of fatal accidents on our city railroads. This had been particularly marked in the case of the Second Avenue Rail He recom- mended that the coroner’s jury call the attention of oo Attorney and the Grand Jury to the matter. The uy rendered @ verdict “that the deceased came to his death from injuries recelved by being thrown from the front platforin of car No. 36 of the ‘Second Avenue Railroad, and we censure the driver for allowing the deceased to get on by the front plat- form, conttary to the rules of the company; and we furtner recommend the Grand Jury to take Aetion in the premises.” On the rendering of this verdict the driver was committed to the Tombs by the;Coroner, in default of $2,500 bail. Ds was a native of this city, aged thirty-tive years, and resided at No. 209 avenue 0, THE NATIONAL GAME. March of the Champion Eckfords, On Sunday evening last the Eckforda left this city on their trip towards the setting sun. On arriving at Oswego, on Monday, they were met by the mem- bers of the Oatarto Club, who exerted themselves to the utmost to make the stay of the champions agree- able. The latter appeared to be somewhat fatigued, and did not play quite up to thew mark, They found the Ontarios well up in the points, but they outplayed and outbatied tiem, as the following score will show:— = 3 fence Woods, bil b, Pinkham, r. ol ommontonmne’ El cemccsm maces! Zl crccs owes? i ee RS ckfords, 1h;-Ontarios, 6. ki sod balis—Eckfords, 7; Ontarlos, 17. Umplre—Mr. H. Graifen, of the Camden Club, of Camden, At Rocnester yesterday the Eckfords defeated the Alerts, with{a score of 38 to 27, The figures may be accounted for in part by the absence of Martin from the game. He was so severely indisposed as to be obliged to remain indoors. Pinkham pitcied, Hodes caught, while Jewett played in the field. Base Ball Note The Elysian Fields ‘dooked alive’? yesterday— somewhar as they used to look in days of yore, There were crowas of visitors and of ball players, and all seemed to be quite at home, The chief occa- sion of tho crowd was the fact that two match anes had been arranged to come off, al time was to be expected. Immediate): eof Perry’s Pavilion, on the “recongtra tea grounds, the Actives got ham-mered by the Got-hamers, to the tune of 42 to 21. On the ground nearer the road the Orientals gave the Spartans a whipping the like of which would have made Leonidas shake—063 fo 31; that’s all. Fan at Hoboken to-day. You bet. ‘The Empire “colts” will be on hand to try the mus- ole and skili of (lie “old fellows.” The latier will be on hand in full force and tne nine of 1865 will play agalnat the deld. Owing to the limited time allowed im making up this match It was impossible to induce the champion Eckiords to defer their tour so that Martin and Jewett might be on hind to-d: also found impracticable to import Mr. from Cincinnat There should enough present, however, to make np a good game without profes- sional aid—that 19, professional pail playing—and there undoubtedly will be a grand Bathering of the sports and supporters of the club, Il otuerwise they should ali be clubbed, ‘To-day the Kagles and Unions will play at Melrose; the Athletics of Brookiyn will play the Atlantics on tne Capitoline, and the Athletes of Washington Heights wil! play the Champions at Jersey Ort fs John Kelly, tho Feprowen tative of tho Irrepressibie family, bas gone to Sharon Springs. [He {3 ailicted with a chronic laugh, and has been Induced to go to Sharon to make that place look cheerful. The Em- pires will probably play the Untous on Wednesday next, and Jon will leave Sharon to share in the sport and aid the aristocrectic attempt waich wiil Be made to overcome the Union in favor of the km- pire. The Young Fiyaways will play the Independents atthe Union grounds to-day. RAILROADS IN MARYLAND.—Rallroad affairs are very lively in Maryland.just now. The Cumberland Valley Ratiroad, aiter many years of ction, is at last to be extended from Magerstown he Potomac river and tie Cumberland and Ohio canal, and the proposals for the construction of the road and track ave been inviled, On reachiug the Potomac efforts will be made to extend the track to Martinsburg and Winchester, In a short time it is probabie that the railroads of Pennsyivanta will be connected with the Southwest by this route. ‘oe tirat ‘train of cars pagsed over the newly completed section*ot the Kent ‘and Queen Anve’s Raliroad to Millington on Wednes- day, the Delaware Railroad operating the road, This opens to trade and travel thirteen miles more of the Peniogular Railroad system, The Kent Ratiroad directors have contracted with a Ba}timore firm for suMetent iron to complete thelr road to Kennedy. Isbelleved it can be lald by October 1, St, y's county oad are jnbilant over the report that certain influential oe of Washington and Pennesyivania will furnish the capital necessar; for the ates of the Southern road from Wasuingtop to Point Jqoke was broken @ few days since for the pullding of the and Pennsylvania Tine sallroad. In Prince George's county obstacles are | Ferd atantly thrown in the way of the construetion of the bet iy aud Potowac road. —Baltimore ANE loan, ‘Their Style of Rowlug=The Day Named for the ContestA Pull on the Thamce—Both Cre > - at rer London, July 81, 1859. Public interest and general curiosity have been gratified this week by the repeated appearances of the Harvard four in thelr boat on the Thames, Hav- ing removed from the Star and Garter Hotel on Mon- day last, they have since been lodged in the White House, @ secluded villa residence kindly lent to them vy Mr. Moore. There on Tuesday, nearly a week after their arrival at Putney, they were called upon by Mr. Tinne, the President of the Oxford Unt- versity Boat Ciub, and Mr. Darbishire, the stroke oar of the Oxford four. It was then agreed that the race shall take place either on Monday, the 23d of August, or one of three following days. By this arrange- ment, and by leaving the question of the day an open one, the Harvard four could not only defer the race from day to day on account of unfavorabie weather, but could adopt the same plan if they have reason to apprehend thata perfectly clear course would not be allowed to them. ‘The minute and voluminous hypereriticism which, knowing something of the practice hore, I antici- pated in my letter a week ago would be bestowed upon the Harvards, bas set in with ite accustomed severity. Generally speaking, a friendly and cour- teous tone towards them has been adopted by the sporting and the daily press of London, and the same spirit seems to animate the public. Indeed, if the feeling had been other than what it is, the quiet and conciliatory demeanor of the Harvard gentile. men themselves, and the frank-heartecness of Mr. Blackie, their manager, must have promoted friend. linegs and good wishes. At the same time they themselves would have been the last to wish that any lentency would be shown to them in remarks upon their actual rowing. Remembering, as rowing men, the failure of Hamill, of Pennsylvania, when he came over to row Kelly—a failure that was due to his vicious style of rowing with his arms, without working the legs and body—it was expected that the Harvard gentlemen would appear in some- thing of the same sensational form. Had they done so their chances must from the first have been hopeless. Instead of that, when on ‘Tuesday last they put off from the boatnouse of the Loudon ae to take their initiatory in thelr owa boat, there was, in point of style, very little to dis- unguisa them from any of the regular English fours— certainly nothing 80 marked as to have attracted at- tention had they been simply one of the maby voats just then hurrying out fora pull. Asacrew tt was at once adinitied tat the four gentlemen from tur- vard were physically well mated, and were 1 that respect excellent representatives not merely of a smgle university, but of the great country to which they belong. Three of them stand five fect eleven and a half inches, one is an inch less, and all are proportionably built and show a remarkable develop- meut of muscle. Exposure to the sun bas browned their skins to an extent that is several shades darker than that of rowing men onthe Thames, wiio take no little pride in disporting themselves in white nannel rowing costumes, fringed with color. it might be observed, too, that while tile American gentlemen showed vast strength of limb they were deticient in that prominence and rotundity of chest, which denote great capacity and tree action of Jungs and great power of endurance. Their style has been criticised, as I have remarked, very freely, and on almost every one of the many points which lindicated in my last, ‘They do not get hold of the water in the beginning of the stroke,” says one critic in the press; “they are weak in the middle,” Says a secona; “they do not finish the stroke well,” says a third, and so on run the rewarks. ‘there 1s @ modicum of fact in the second and third counts; but nothing so grave as to warrant any apprelen- sion. As to the first, that they do not catch in the bn bead of the stroke, I venture to think the writer is in error. 1t is just there where they do catch. They get well forward and are highly effective 1m the first and realiy most important part of the stroke, working well with arms, legs ana pody in unison, and sending their boat ahead with much power. It is at the intermediate part of the stroXe, and in the last nalf, that they area trifle less forcible than the Oxford men. That is to say, that when alter bending forward, pull the oar through the water, the body has resumed its erect position, they do not throw themselves back on the oar an gre It the fulLaveight to finish the stroke with, ‘This & defect that can, and under tue direction of Harry Kelly, the champion sculler of the Thames, and their most excelieat mentor, trainer and guile, doubtiess will be remedied, ‘Their boat, it is Viereyes agreed, Is too long and too heavy, and will have to be replaced by one which Salter, of Oxford, 18 building for them. A pecu- Narity which may be noticed 18 that the stroke oar takes the water on bis left hand, and so gets more power on the oar from his right than London and Oxford str do, who, taking the water on their right hand, have the lett uppermost on the oar. As luc Harvard bow prefers to have his left uppermost on the oar, the plan 1s likely to work well. It is the pe which has always been practised on the iyne, where four-oared boats’ crews have for a quarter of a century been the terror of the Thames and of every river in the Kingdom. In the all-important matter of pace the Harvards were on their first Cura out rather slow. On ‘thurs- day they started with a dash and made capital prac: tice over a mile and a half of slow water. ‘They took jrom thirty-six to thirty-eight strokes per minate, and made their boat twavel at a rate which in the absence of the Oxford boat, really looked very formidabie. It is not of course easy to get au accu- rate timing of their work over the whole course, be- cause it 1s only natural to expect that they will en- lighten everybody ali at once as to their real powers. I reserve a description of the whole course for a fu- ture letter, merely remarking here that it is four and @ quarter miles jong by 200 yards broad, smooth, ‘wiih a good flow of tide, and containing three well- rounded but still adverse bends, The Harvards have, however, declared the course to be better than they expected, The crew stands as follows:—Alden Porter Lorlug, Boston, 10 st. 13 1bs.; captain and bow oar, a ratuer slim, but strong aud wiry person, dark complexioa, stands 6 feer IL}, inches nigh, George Bass, Chicago, 11 st. 11 Ibs., stands 5 feet, 1034 inches; pulls next oar and is a sturdy, well bullt man, of great power. Sylvester Warren Rice, Roseburg, Oregon, 11 st. 6 lbs, stands 5 feet, 11/4 cles, and is not unlike Mr, Loring in figure. Mr, Simiaons, Concord, Massachusetts, the stroke, stands the same beight, weighs 13 st. and is a sp/en- did specimen of an athlete. Arthur Burnham, Chicago, 8 st, 4 1bs.; is a sharp looking and smart coxswaia. The Oxford crew remain in their seclusion near Eton, and but 1ittle is heard of them hore, Men, ynames and weights are:— F, Willan, Exeter College, 11 st. 9 Ibs., boi. A. ©, Yarborough, Lincoln, 11 st. 7 tbs. J.C. Tinne, University, 13 st. 7 loa, S.D. Darbishire, Baliol, 11 st. 3 Ibs., stroke. J. , Hail, Corpus, 7 st. 3 los., Coxswain, ‘The betting continues to be in favor of Oxford, GBITUARY. Cornelias Grinnell. ‘The announcement of the sudden and untimely death, by accident, of Mr, Corneiius ‘Grinnell, at Ryde, Isle of Wight, on Thursday morning last, was made by cable telegram yesterday, and occasioned profound regret ia this city, where he was well and favorably known. Tie unfortunate genticman was @ gon of Mr. Henry Grinnell, and nephew of Mr. Moses H, Grinnell, both of New York, and was bora about the year 1820, being some forty years of age at the time of tis death, After doing business here for some time the deceased, ten ears ago, moved to Loudon, where he ¢s- blished @ commercial house known by the name of Grinnell & Co., and havi # close connection with the house of Grinnell, Minvurn & Oo, of this city. It held a high position in England and controled a large and proatable business. *Its head, the subject of this sketch, was President of the New York and Liverpool ling of steamers, Vice Presifent of tue Loudon and Livérpool Insurance Company aud a director of the Atlantic Insurance Company of New York. Mis character stood high in commercial circles for enterprise and integrity. As @ representative of the suipping interests of the United States he was quite prominent, and his aking away will felt severely. “Mr, Grinnell, at the time of his death, was ona visit to Ryde, whither he had gone on hls yacht Hawk, ono of the swiftest yachts in England. It ts famous as the winner of one or two regattas of the Royal Yacht squadron, off Cowes, and its owner was devoted to the pastime of tee We learn thar the til-fated gentleman, instead of being instantly killed, as is reported by the cuble, lived for some hours after the accident, and long enougi to sign a will appointing his father legatee to his property. He never married. The body will be embalmed and brought to this city, where tt will'be buried. In social ile the many sterling qualities of heart and mind which marked the character of Mr. Grinnell cn- deared him to a iarge circle of friends, wio Will deeply deplore the sad accident which sent him to his graye, George Brooks, ‘This gentieman, well known in New York as an actor, died yesterday, aged thirty-four years, Me was born in England during the year 1835 and came to this country when achid, At an early age he embraced the dramatic profession, his frat appear- ance on the stage being in St. Lonis. He subse- performed low comedy characters in Cin- and other Wostern cities. About fifteen ears ago he appeared in this city at the Chatham aud later at the old and new Bowety thea- wes, He afterwards went to the West Intlies as manager of @ theatrical company, remaining there three years and ing with marked success, The Jast e1 ment ‘brooke waa at the Wi ngage! Mr. a ‘erley theatre, on Broadway, He was @ Mason and loaves a widow, Without culidregp ; YACHT! by Aunual Cruise of the New ¥Ork Yacht Club ‘The to Newport=Free Wind and ‘entest Between the Schoonere— bier, Magic and Gracie the Wise Ngwrort, Augast 10, 1860, A more beautiful start was seldom effected. the motion of a well regulated machine the went through {ts evolutions with a regularity sur- prising a3 it was quick, sure and impressive. Amid the waving of cambrics and the good wishes of the community at large the yachts darted forth to strug- gle forthe honors that awaited them at Newport. According to the orders of the Commodore the con- testanta got into line at eight o’clock, the wind biowing fresh from the south, Three prizes were offered, two for schooners, one for those over 120 tons (old measurement), one for those below that measure and one forsloops. Ali the regulations of the New York Yacht Club were to be observed, with the exception that there was no allowance of time, Only fore and ait sails were permitied, ana the race was not to be made within any given time, ‘The most active preparations were made on poard the yachts at an early hour, and the event was looked forward to with the most lively interest. The schooners got in line opposite the wharf of the Pequot House, the sloops tn a line parallel to it, 200 yards west-southwest of the same, It was thought that the capabilities of the yachts would be brought to a satisfactory test, as there was every prospect of a sterling breeze outside the harbor. The squadron presented a very beautiful aspect, the mage nificent schooner yachts being particularly band. some, The prizes consisted of plate. The following yachts entered for the race:— 'S—FIRST CLASS. Owner. Commodore Sicbbina, Rutherford Stuyvesant. james H. Bankor. Thomas 0, Durant, ners. Josephine .. B. M. Durfee. SECOND CLASS. Fleur de Lis..........110....J. 8. Dickerson. 05. loyd Plicnix. Mahlon Sands. Franklin Osgood. R. F, Loper. Sylvie .. a. M, Dodge. SLOOPS. Madeline... 90....dacob Voorhis, Jr. Gracie... Com. Voorhis. Coming. oe 63....1. B. Niciols. At ten minutes to nine o’clock the preparatory gun was fired from the Rambler. Every man was at his post in an instant. Strong hands grasped the ropes ready to hoist the Jibs almost m the twinkling ofaneye. Earnest eyes were directed towards the Rambler, A sharp click was heard, and in an in- stant the chains rattled through the portholes, A sudden stop aud the chains Were motioniess as before, for the cap had missed fire. All bands looked around, yet as they did so a deafening gun signalied them to depart. ‘Tho start was well eifected, Nearly all the yachts pot off together in splendid style, favored by a breeze at which the most san- guine yachtmun could not grumbie; and they are not easy to please im point of weather. ‘The sioops being in advance were, of course, the first to get ot The Madeline—a gallant sloop—that bas had no lesa than four new spars this summer, bore away with great rapidity beam and beam with the famous Gracie, followed by tie Coming. Of the schooners the jive was the first to dash oi, although indeed neariy all went out together, The Kva ana Sylvie were next the wharl, whie the Idler was somewhat bothered at belng compelled to get into line, and thereby be behind atthe start, The Phantom and Magic were close together, while beside them were the Rambler, Josephine and Widgeon going through the mouth of the Lurbor. ‘The Palmer crawled up to front, followed by the Phantom, and in about ff. teen minutes after the start the Gracie, Phantom and Pahwer were almost abeam. Next came the Made- line im fine style. Atter her came the Eva, Jose- phine, Widgeon, Rambler, Idler and the Syivie In an excellent position, with the Madgie last. In this order the contestant proceeded to compete, aud perhaps a prettier spectacie could not have witnessed. Three mules had scarcely been run, how- ever, when the wind from the south, which had hitherto been so satisfactory, began to fail. Main- sheets began to flap, and the contest looked to be a drifting affair, there being littie energy displ: anywhere, Awnings were in order, and the exclte- ment, which up to the present had characterized the start, began to ebb with the ude. ‘There was suf- ficient wind to waft the vessels at a slow eg Passing Mystic Island the Phantom had a slight lead, tne Palmer o little to windward, and the Gracie close on the former. Owing to the collapse of the wind the Madeline, a swilt yacht in a good breeze, appeared not to be so fortupate as those ahead. ‘Tie sloop Coming kept to the wind- ward and was almost abreast with the Madeline, position which she nearly retained during the greater portion of the contest, A little in the rear the Rambier, with her canvas bulging ont, espe- cially her huge maintopsai!, came rashmg throu, the water in a dashing style that spoke volumes for her speed and capability. Away to the windward the Magic and Sylvie stood eff together, and be- tween them some interesting brushes appeared at times to take place. The Eva had dropped somewhat, though sie still retained an ex- cellent position. Behind them came the Fleur de Lis which subsequently took a conrse that did not resuit so favorably as was perhaps hoped. The Widgeon followed at some distance, the Josephine to the leeward aud the Madgie sill in the Tear. As only fore and aft salls were permiited, all the other canvas was brought into requisilion upon the schovners, and the sicops were accordingly at some disadvantage. There was but little prospect of the wind increas- Ing, and for some miles the race was monotonous, The Rambler appeared to be making some way, as also did the Idler. The foremost vessels hu the shore, but were doubtless disappointed in their hopes, while the Magic, al Sylvie, Fleur de Lis. Josephine aad Madsil held on’to the windward. ‘The positions of the yachts were not paey aitered until they approached Fisher’s Island, when the order was avout as follows:—Phantom close on the leewara shore, Gracie and Phantom abeam a few yards behind, the Madeline on @ straight course; then Somnilig next the Eva, con- siderably astern of the Madeline, the Rambler and the rest San ciey ayer to windward. namely:—The vie fi Sylvie, Idicr, Widgcon, dieur de Lis aud Madgle, all hugging ihe land, This order, however, was soon changed. The Rambler continued on her course with the intention of catching the southerly breeze, which she ulti- mately succeeded in doing, while the Paliner, Gracie and Phantom were ciinging to the shore without ap- parenty & putt of wid, The Idler, too, moved along in good style, and not little pleasure was looked forward to in autictpstion of @ brush between the Rambler and idler, @The latver did not come sufilciently near for that purpoes, though she subsequently came up with the foremost vessels, Abreast of Stonington the Gracie was'ahead, with the Palmer closely following and the Phantom a little to the leeward. The Kambicr now began to appear to the front and, standing off somewhat to the windward, soon obtaingd a position that was enviable. It was evident that she was admirably handled, though she was certainly fortunate. At the Watch Hill Light the Gracie held the lead, with her former compantong @ little astern, She was soon overhauled by the Palmer. The Eva kept in the centre, the others In the positions before men- tioned, with the exception that the Magic and Idier struck out together, leaving the others ee sain astern, The Coming still sailed wind- ward of the Madeline, which, as she cangit the breeze that now begun Sto francs, moved forward eh go At Morris’ Pofnt the Rambler was ahead to her leeward, leaving the Phantom, Palmer, Gracie, Idler and Magic bear- ing down on the windward. There was a good tree wind, which just«suited the schooners, and they availed themselves of 1t accordingly. After passing Point Judith the foremost schooners crowded to- gether, Winged out, their Ag taped being very fine. From this on there wag little change to Fort Adams, with (he exception of the rapid strides made by the Magic, After a beautiful and towards the end an exciting contest, the yachts passed Fort Adaws as follows: 7A M. & 3 2 0 3 23 0 8 26 10 8 2 0 80 0 WAS Roepe 4 declared the winner of the prize for first class schooners, the Magic the winner in the second class and the Gracie the win- her in the contest for sloops. On'the whole the race was excoedingis well contested, especiaily towards vd ‘aoe aud the Rambier deservedly carried the The advent of the squadron at Newport has created the usual amount of interest, and the arrival Was hailed with appropriate salutes, Yachting in the Bay. A race between the yachts Peerless and Flying Cloud was announced to take place yesterday from Tottenvillo, 8. I., but was postponed by consent of Mr. Morgan, of the Flyt the ilinoss of botit of the Messrs, ‘slater, of iho beers Ascrob race was subs juently arranged be. nthe Flying Cloud and % & fob’s Yacht, Captain illia, the vessels starting at two o'clock P.M. Up to midnighe heither vessel had returned, owing to the calm outside “the Hook,” KAILROAD MATTERS IN VRRMONT.— Applicationa will be mado to the next Vermont Legislature for a railroad communicating at or near the east line of the town of Dorset, thencesrunning through the towns of abohetits, Dorset and ikupert, ending at the west line of Pawlet; for @ charter for a railroad along the lake shore from Bur- ington to Swanton, with tho Fight to bridge Mallente Bay; for an amendment to the cl quot Valley Raliroad, ie perneiy tetien road, dividing it between two cor- ‘ations, and for a charter for a raliroad from som: Point on tho Vermont and oa ratsonse in ine ling of the State in sald town Of Ricuieta,