The New York Herald Newspaper, September 10, 1869, Page 5

NEW YORK CITY. THE COURTS. All the United States courts and ofices were par- tially closed yesterday out of respect to the memory Of the late Secretary of War, and only urgent neces- ‘sary business was transacted. UNITED STATES CCRIMISSIONERS’ COUAT. ‘The Sheridan Shook Embezzlement Case. Before Commissioner Shicids. The United States vs, Sherilan Shook ant Otmers.—This case, in which the Gefendant, an ex- collector of internal revenue, 18 charged with defrauding the government, came up yesterday before the Commissioner, ‘The defendant and his counsel, Mr. Sedgwick, called during the forenoon in order to bring matters to @ satisfactory termi- nation.. Mr. Sedgwick delivered, a brief adaress, claiming that after tie statement of Assessor Cleve- ‘and, to the esfect that he had not intend cate Mr. Shook in the charges comp that as there was nocvidenve against iin, the pro- d examination shouid immediately be proceeded ‘with, He considered if a hardship ou Mr, Shook to be thus detained, and it was the desire of the de- fendant to have the watter cleaved wp at onee, skson, On beialt of the government, stated in reply Utot it became bis duty to make Giligent m sto the facis whien . Phere wi ected with the case that demanced inve: Hesides the affidavit of Assessor C.cvelan other evi dence in the crse w! ad on the part of the govei' é r of the goverus ment bad tendered a cowmpludul, ant tt was outright and Bro per to see thatthe ends of justice were ace compiished, He dened that there was any hardship in the cuse. On the contrary, Mr. Shooks had, it was said, expressed bw anwilingnoss to lave the eni maiter thoroughly sifted and bring the oth les to juatice,. Under there circumsianoes he eon) asked for a siponement till luesvay, when the esses 10r ie government avould be in aivendanee. Coommiasioner Snields granted an adjournment til to-morrow morning. Alleged Post OMeo Vriud. The Untted Slates vs, J, Waldmen.—The defend- ant, aclerk in the Post OmMlee, was arrested on the charge of tistng ea) ied postage stamus., He was held In $4,000 bail Lo await the action of the Grand uLy. Mee! 2 COURT OF COMMON PLEAS—SPESIAL TEM. ‘The Pacific Moll Steamship Compaiuy--impore tant Opinion by Judge Brad The Pacifle Mail Steamshiy Company es. Leuling and Jocl.—Jndge Prady bas delivered the following opimon in this case:—~ Thave not deen able to arrive definitely at the con- olusion that the defendants have interposed a coun. wer claim in this action which can ve enforced against the platutif3, The plaipuits’ relations to the North American Lloya’s Steamship Company and toss of the deiendaats to that company and the rights avd liabilities of the parties hereto acquired by the agreement in reference to the organization of anew compaify will be necessarily involved in apy investigation of the coun er claim; and tt seems to rt: although 1 think Jam not called upon to de- cide the question upon this matter, that the parties Becessary to such an investigation are not before the Court. Tt may be proper upen this subject to way in addition that the plaintilis seem to have invited an examination and settiement of their ac- counts with the defendants, and tv have tn that way ealled upon this Court to exercise its jurisdiction over both; but that proceeding was predicat:d on the alleged contemplated saie of the steamers named mM sR improper and consequently disadvantageous Manner, the result of which would be, as they al- 4ege, that selling for far less than their value the Plaiutitis would suifer pecuuiarily, inasmuch as they ‘would be entitled to a credit of the amount realized upon sich sale. The chtel design of the plaintiis seems to nave been to have the vessels solid sepa- Fately. Assuming, however, without furtuer com- ment, inat a valid counter claim has heen set up, it appears to be denied by the plaints and put iu issue, and it does not appear that it would be eis. by a discontinuance of this action or by ¢ pleadings and right in reference to the subject Maticr of the action or their counter claun, of which they would be deprived by a discontinuance. Under such circumstances the right to discontinue will not be controlied, althongi @ counter claim haa been interposed. The cases are uniform on this subject. (Oacsmith ya, Sutherland, 1 Hilton Rep., 265; Van Allen vs. Schermerhorn, 14 How. Pr. Kep., 287; Rees va. Van Patton, 1: Rep., 258; Cook vs, Beach, 25 How. .» 3565 Cummins vs. Bennett,8 Page Oh10 Kep., 79; Young ve. Burt, 36 How. Pr. Kep., 2:0; Seaboard and Roavoke Railroad Company vs. Wood, 18 Barbour Rep., 505.) It is claimed by the defendants that they are pre- fudiced by the discontinuance of the action, inas- much as they have no remedy onthe undertaking for the damages sustained in consequence of its ex- tstence; that by the discontinuance of the action the Court does not, mm the language of the undertaking with reference tothe injunction, “finally decide that the ee was not entitled thereto.”’ This ques- tion has been substantially decidea by the Superior Court at a general term, in the case of Carpencer Wright, (4 Boaworth, Superior Court Reporia, 6 The injunction having been dissolved on mo- tion, the plaintiff discontunued, and the Court held that it had been finally determines in action that the plaintiff was not the entitied to the injunction, In this case the piain- tills entered an order dissolving the injunction on their consent thereto and on their own motion, ane when the cause was percmpiorily set dowa for trial discontinued it. ‘The order dissolving the tujuuction ‘was entered after a motion to Increase the security originally given by the plaintiffs, and it is a fair cou- clusion, in consequence of such motion having been made. The plaiutif—s having obta:ned au order dis- solving the injunction are concluded by it, and hay- ing entered an order of discontinuance are con- eluded by that also, No concluston is to be drawn from the first order other than that iho injunction could not finally bo matataimed, aad wie second or- dor, taken in connection with ie first, is a formal decision that the plaiutits were not entitiea to ihe injunction. 1 entertain no doubt about these views. It, at the conclusion of the action, the tnjunction 13 not, in case the finai determination as to it is against the plaintiff—acd it matters not in reiation to the de- fendant’s remedy on the undertakimg whethor the ease is ended by the act of the plaintiff or not—he does not maintain the case he has made and bears the burden of his fatiure todo so. In the case of the Methodist churches of New York vs, Barker (14 N.Y. Rep., 403) an order of reference was made where the complaimt had been dismissed, It does mot appear by ihe report whether the dismissal Was upon a trial or otherwise. In legal effect at least, im reference to the deiendant's rights upon the undertaking given in a case like this, there cau be no distinction between a disumssat of the com- lcs for failure to prosecute and a discontinuance. In both the plciniit retases to proceed npoa the merits to submit his claim to the tr selected after the issnes mado, and} Mast Adiission that he cannot maintain the ection ere existing. Such an admission involves the con- essions that the injunction could not bo sustained, and that the platnt was ted to it. al he has cetusalls 3 When the right SOnuEG to be it be une at to uphold ‘The Code does not in my Not entitled io the injv Jested, has been done in Upon that subject a@ judgment of discontinur for the discontinuance mrent of coats 13 a null 1Wen., 13; James vs. defendant chose so to? 4 Don eee prevent his en nt for costs if 179.) y Zandt, , S11) The erin Oo preier that mode, (See Butreli’s Lt, L vol, ) My conclusions for these reasons are: Fivst—Thet =the pisintiifs tai the right to discontinne subject to the power of the Court to roview and to resirict tho exercise of such autor ity, (Young vs. Bush, 00 How. Ur. i, 210, sup: Second—That in tis case the counter clam having been denied, and no intorloeutory Cecreo or order having been mace in tho defendant . not eppering that any right of thei the subject matter of the action or their counter claim will be joopardized thereby, the diecontinn- ance should not be vacated. Third—That ihe de- fendants have the power to onier judgment of Giscontinuance and for ats. ‘ That whether such judgment be enie 1 or not tuts court 1 has, by the orders entered in this actic erred tota the precediug opinion, lly det ined in Chia action that the plaantiils w ‘ot entitied to the injunction obtained; and ffth, (hat the defendants @re entitled to an order of rere © to asi nthe damages sustained by them in Consequcnee of suct Injunction having been issued, The Leslie Diverce Case~Orier of Judge Brady Vecuting tho Order of Discontinue ance. Frank Leslie vs. Sarah Anne Lestie-On reading the pleadings in Whis action, and on reading and Ol. tpg the order to show cause, dated May 27, 1859, why the order of discontinuance, entered ex parte and dated the 24in of May, 1869, should not be Facuted anit set avide, ‘and the andavits of ick Nolan, Samuel Boardman and K. Cheever, the stipniation dated. May 22, 49, giv Inti tins to reply. nojice counter- m Kaidgstipulation, datdd May b1, 1869; the tir olering to pay defendant tity dol for costaon disconunuance, and on reading the order of the Special Torm, daied July 23, 180s, ‘Term at ing sald order, ated May 18, 1969, and saia order of diacontinuance, and hear: i, Andrew Boardman, of coun- geo the tenant of said motion, and sup) y and Mr. Johu Mckeon, of a ino) ti ict ae tenced=A Number ef Accused Parties Tried and Acquitted. Before Gunning 8, Bedford, Jr., City Judge. ‘The first prisoner placed on trial yesterday was Robert Dustin, who was charged with entering the room of George A. Mathewson, on the 15th of Au- gust, he being a guest at the Western Hotel. The Jury rendered a verdict of not guilty, on the ground of a variance between the proof and the mdictment. The papers were vent to the Grand Jury and a new indictment will be found on Friday. Annie Workin, who was charged with stealing & piece of silk, va'ued at fifty dollars, on the 2ist of August, from Mazate Hoerg, pleaded guilty to petty larceny. Sho was sent to the Penitenttary for six months, Margaret. Harsen pleaded gutlty to an attempt at grand Tay. the indictment charging that on the 46th of July she stoie $100 worth of wearmg bet pool the property of Charles H. Taltabe, 154 Second ave- nue, She was employed as a domestic in the house of the complainant. Judge Bedford im pasamg sen- tence said that he would teach all disnonest ser- vants brought before him that they cannot take ad- vantage of the kindness and confldeaco of thelr employers and eseape punishment, The prisoner was apd to the State Prison two years and six months. AOQUITTALS. Assistant District Attorney Hutchings put upon the calendar a number of cases where the testimony for the prosecution was very “shaky,’’ but as the parties were tu prison it was necessary to dispose of them, end if they could not be convicted by legal evidence they were entitled to be discharged. Sarah Thompson, who was charged with stealing two diamond rings from Mary Davis, 174 Wooster street, on the 17th of August, was tried and acquit- na She was the chambermaid of the complaming wchy. Adotphus Bering, Emanuel King and Pau! Bar- bier {were charged with robbing Theoaore Bertrand ‘on the #th of July, of the sam of twenty dollars. The testimony showed that the complainant was creatin: # disturbance in a satooa on the Ninth avenue, and that the accused parties, who were hard-working young men of trreproachable character, committed no offence, The jury promptly rendered a verdict of not gmity. John Murphy, who was charged with stealing a gold watch trom Wm, D, Maskell on the 23¢ of Au- gust, at a shoemakers’ plonic, was aiso acquitted, Ida Fre 1 and Phoebe Rose (young girls) were charged with s ng A por book, containing rom Louisa Williams, at a disreputable house ‘ard street, The testimony of the complaining witness was not of a character to be relied on by the jury, Who rengered a verdict of not gallty without ving their se: Samnel Kaufmann pleaded guilty to petty larceny, the charge being that ou we of August he stole a watch from Joseph Chinal. ‘That being bis first olfence, and a number of aiidavits having een sub- mitted showing t's previous good cha er, Judg- inept was suspendet. The following is the calendar for to-day:—The People vs. Andrew J. Clarke, obtaining goods by false pretences; Sume vs, Charies H. Bolda, forgery; Same vs. Thomas Murray, burglary; Same vs. Wil- liam Owens, burglary; Same va. David Jones, felo- nious assanit and battery; Same vs. John McCabe, felonious assault and battery: Same vs. James Gray, grand lorceny; Same va, John 'T. Feltx, grand lar- ceny; Same vs, Charles H, Vetter, indecent assauit; Same vs. John Quinn, burglary; Same vs. Edward Quinn, burglary; Same vs. Louls Moylia, receiving stolen goods; Sume vs. duttus Wenck and Charles Schultz, grand larceny; Same vs, Matthias Trim- ber and Wilfam Munch, grand larceny; Same vs. Maximilian Weil, rand larceny; Same vs. Margaret Bonney, grand larceny; Same va. Same grand larceny; Same vs, Charles King, grand larceny from the person; Same vs, Wilham Raulhan, lar- ceny from the person; Same va. Thomas 0’Donnell, Tape; Same vs, Lawrence McCoy, robbery; Same vs. Henry Price, grand larceny from the person; Same vs. Simon Thompson, felonious assault and battery; Same vs. Manuel Cortez, forgery; Same vs. Peter Jennings, grand larceny; Same vs. Alfred Sanders, graud larceny; Same vs. George C. Alden, gran larceny; Same vs. Margaret A, Marten, grand lar- ceny; Same vs. Gertrude Newman, grand larceny; Sane vs. Mary McKenna, grand larceny. COURT OF SPECIAL SESSIONS. Stopping the United States Mall in Brond- way—Wasting the Water at Booth’s Thentre— New Version of the Law us to Changing Dallar Biils—Inability to See in the Dark. Before Judge Dowling. There was a large attendance of spectators at this court. The calendar was unusually light, there being only twenty-five cases entered, fourteen of which were for assault and battery, nine for -petty larceny, one for malicious mirchief and one for abandonment. OBSTRUCTING THE UNITED STATES MAIL. John Byrnes, driver of an express cart carrying bags for the United States mail, was charged with assaulting officer Woodward, of the First precinct. ‘The officer stated that he was on duty in Broadway, and in regulating the trafic of that crowded thoroughfare he told Byrnes to pul his cart up, Byrnes refused to do this after a slight altercation, upon which Woodward mounted the cart to take Byrnes into custody, Byrnes struck the policeman with the end of the whip, and § Woodward bad some doubts as to whether he could legally arrest Byrnes, a3 he was in charge of the United States mail, he forbore the exercise of his oficial authority until Byrnes had deposited his last bag in the interior of the Post Onice. Woodward then arrested him and took him to the statton, Upon cross-examination by the prisoner's solicitor, Woodward said tiat Byrnes threatened to “mark oun.” Mr, Charles Forrester, assistant superintend- ent of mails in the Post Ofice, New York, gave evi- dence as te the dutes of Byrnes and said that Woodward complained to him of Byrnes’ conduct, upon witch witness replied that he could not arrest Byrnes while in the discharge of bis duty as deliverer of mail bags; heard a bystander tell the oificer that the matis were discharged, and then Byrnes wae appre- hended. ‘The instructions to the drivers were to get as quickly through the streets as nis could, consist- ent witi a due regard to public safety. Tie Judge sala that the testimony of two wit- nessea had proved the prisoner gutity of an assault. Tho law aid nob make any difference between the driver of @ cart containing the United States mail or anything else belonging to the State and the driver of an ordinary cart. ‘The police were placed in the streets for the purpose of regulating the traffic, and their orders must be obeyed. He (the Jndge) had noticed that the drivers of these mall carts and express carta generally conducted themselves as if every vehicle in the streets was to make way for them, This was a delusion, The oficer had exer- cised great earance toward the defendant, aud bud allowed him to go to the Post Office and com- plete the deliv of the matl, The drivers of these caris must know that they are as amenable to the law as any other citizen, and do not possess any privileges over anybody else, Byrnes was fined fifty dollars and to be coniined in for ten days, VLOW AT ROOTH'S THEATRE, F @ respectably dressed middie in, and formerly a servant at ‘Booth's,’? ged with committing malicious damage at Booti’s theatre. Mr. J. Heury Magonigie, the bust- ness manager of the theatre, aaid that on informa- tion ho had received from his watchman he went on to the stage on Sunday last and found that it was footed wiih water. The scenery was very much damaged. McCready had been discharged from the mises avout four montis since, he having pre- usly been employed at the theatre, The reason he was discharged was that he had been endeavor- lug to destroy and injure the working of the ma- chinery which regulated the «scenery. Patrick Golden, the watchinan, stated that he told the pri- soner On tis Oceaston to leave the premises, and that when he saw bliin turn the water on witness went below and stopped the supply of water or the damage would have been very serious, ‘The Jadge—-What made you do this? Defendant—1 was incapable of knowing what I did. 1 was in liquor when | went tn there, Judgo—tTt is evident you had some feeling of a) mosity against some person fn the theatre. 1 don’t Know that you did a great deal of harm; but you in- tonded to do it. Besides this you wasted the wator, and that, (oo, at a time When it ts eight feet below the water mark in the reservoir, I shail send you to tie Penitentiary tor four month GUSTING THN CHANGE FOR A TWENTY DOLLAR BILL. Antonio Long, an Italian, had taken compassion upon Mra, Margaret McManus, @ pensioner, who had entered a saloon, where Long waa drinking, in @ ie of great distress and, ag he said, burdened with liquor, because she could not get a twenty dol- Jar Dill changed. Long undertook to relieve the lady of that little aimcalty and on her entrusting him with the bill he went his way, which proved to be a dishonest way, for he did not return with the “change.” Mrs. McManas, on presenting herself before the Judge, rather hesitated to give any evidence, “Long has gota tow doilars ana that’s all | waut,’’ said the Tad: oe Judge told her it was not all he wanted, aud asked her to kisa the book, which she did after A slight hesitation, “Now, madan,’ asked the Judge, this man this twenty collar bile” “Or course I did not,’ replied the complainant. “I gave it to hun to get changed, or I would not have xiven it to him.!” ted, “did you give ‘The Judo said that was oxactly what hoex, upon which Mr. Howe, who appeared for the pri- xoner, sald it was what he expected, too, and pro- ceeded to quote law authorities that thore was no Jarceny, because the prisoner had not stolen the twenty dollar bill, and that if he had stolen anything it was the change for it. It had been held in the Su- pertor Courts that where the party had lost their precy In a specified article which was imtended to ehanged into something olse a charge of lar. cepy for that particular article could not be sus- tained, Judge—“Well, it will be sustained here. Teannot with that aut » and It certaluly won't be aus. ined by this Cou ‘as a reward for his kind interforenoe on be- Penitentiary ani Pie Indy wa ent to tno for mx George Harrison, Gevribed oy tue Judge 08 ng o1d YORK sneak with two table- manent orecnee ths? fee 1 in the Peniten- to four mon! [ of butter valaed at fifteen dollars was se! three months in the Penitentiary, Charles Miller, who committed an assault upon his hbor, George F. Honeyman, alleged as an excuse for the assault that he saw the complainant near to his tene- ment, and rere he was a thief he struck him. Jt was dark and he could not see who it was. Judge—I shall fine you twenty dollars for not seeing in the dark, James Walsh, @ shoemaker, residing at No, 61 Chambers street, for assaulting officer Moyland, of the Seventh precinct, was disci . John Martin, for siealing a watch from William Huss, was also ac- quitted, Patrick Martin, who pleaded guilty to as- saulting Mart MeNu'ty, was discharged on the Payment of ten dollars, the amount of expenses Com- Plainant had incurred in surgical attendance, CITY INTELLIGENCE, Tak Wrarnea Yrsrervay.—The following record will show the changes in the temperature for the past twenty-four hours in comparison with the cor- responding day of last year, as indicated by the ther- mometer at Hudnut’s pharmacy, HeRaLp Building, Broadway, corner of ADn street:— 1868, 1869. a 3 o 186%, 1869, 66 «2PM. 65 18 i 70 12M +. 74 12 66 Average temperature yesterday.. Average temperature for corresponding date last YOaPe.... 0. « CoRRECTION.—Fhe advertisement which appeared m the Hrrasp soliciting a partner for Sanford & Merril), was not inserted in good faith. RAISING A SUNKEN VESSEI.—Barge General Hale leck, sunk August 31 at 124th street, East river, with acargoof brick, was successfully pumped out and raised yesterday in thirty-five minutes, by steam fire and wrecking boat Louts. ArreMPreD SurcrpE.—Yesterday William Harnett, aged sixty-three years, residing at 426 East Twenti- eth street, cut two deep gashea in his throat with a razor, He evidently premeditated the deed, as he selected two razors and repaired to the cellar to ac- complish his purpose. Harnett’s wounds are con- sidered fatal. He was sent to Bellevue Hospital for treatment. THE ALLEGED PoLIcR CLUBBING CasE.—In the matter of Jacob Berkie, the German emigrant alleged to have been seriously clubbed by some officers in the Fifth precinct station house, as has already been fully reported in the HrraLp, additional testimony was yesterday taken before Coroner Fiynn, at the Coroner's office, The further hearing was adjourncd ‘ull to-day, Fire INSURANCR COMPANIES.—Tne following 1s the business of the fire insurance companies doing business In this city during the first six months of the year:—New York city combination companies, $1,209,604; New York city non-combination compa- ntes, $1,835,688; out of town companies, all uon- combination, $4,050,044, Total, $7,035,33' ALLEGED FORGERY ON THE PHENIX NATIONAL BANK.—At the Tombs Police Court yesterday after- noon Mr. Eneas F, Macintosh deposed before Judge Hogan that yesterday (Thursday) a certain check, which was produced in court, drewn on the above bank Tor twenty dollars, was presented to him at the bank by the prisoner, John Haveron, and that the same was a forgery. Haveron satd he not gulity, and that he resided in Brooklyn and was a shipping agent. Mr. Howe, who appeared for Haveron, said that he should be prepared to show how the check came into prisoner's possession. Haveron was then geht down to the cells, OBSEQUIES OF AN ARTIST.—The funeral of the late James H. Cafferty, the well known painter and mem- ber of the National Academy, took place yesterday afternoon from No. 1,275 Broadway. ‘The services were performed by Dr. Joseph P. Thompson, of the Broadway Tabernacle. A large number of his per- sonal friends and members of the Academy were resent, Among the latter were Mr. De Haas, Mr. . M. Falkner, Mr. Fanshawe and Mr. J, G. Browne, The pall bearers were Messrs, Henry Peters Gray, E. D. E. Greene, 8. J. Gray and Davis Johuston. The funeral was very private, the remains being followed to Greenwood Cemetery by only two carriages, one containing the family of the deceased, and the other the pall bearers, Tun Jewisy Buriat Socrery.—This society was or- ganized last night in the synagogue B'nai Jeshurun, in Thirty-fourth street, near Broaaway, Mr. Abraham Oettinger ocenpying the chair, and Mr, Isaac Her- mann acting as Secretary. The object of the organ!- vation ts to bury with decent respect, and in accor- dance with the observances of the Jewish faith all tho poor and lowly deceased members of the faith. ‘The following oMicers were duly elected:—President, Mr. Abratiam Oettinger; Treasurer, Mr. Joseph B. Guttenberg; Secretary, Mr. George’ B. Coen. On motion 1t was resolved that the name of the society should be “The Hebrew Free Benevolent Society,” and after the transaction of some further bus!ness the meeting adjourned to reassemble at the call of the Chair. CuILD Lost—His Bopy Found In THE WATFR.— Least Saturday afternoon Mrs. McCrundies, living at No. 313 Delancey street, being much engaged in her domestic duties, paid a lad five cents to take charge of her little son Patrick, two and a haif years of age. The children went out to play on the walk, during which the child strayed away and was lost aight of by his companion, Being unable to find him’ the boy ran _ into the house and told Mrs. McCrandies that her boy had disap- arec. She immediately started out in pursuit, ut being unsuccessful called her husband from his work. ey visited nearly every station house in the city, also the public institutions, but could gain no tidings of the child till yesterday morning, when his dead body was found floating in the dock foot ot Delancey street, East river. It is supposed that de- ceased strayed away to the pier and accidentally falling overboard was drowned. The body was con- veyed to the residence of the parents and Coroner Schirmer notified to hold an inquest, A DIAMOND FANCIER, Romantio Experiences of # DetectivemA Member ef the Cuban Ladiew Aid Society Robbed. Charles W. Langley, alles L. F. Melroas, altas Mor- ton, is a young man aged about twenty-three, whose whole soul has been enlisted in the Cuban cause and the laudable efforts of her fair daughters in this city to render aid to the struggiing heroes m the Antilies. Charley ts a comely fellow, a fine con- versationalist, and consequently popular with the ladies, At all the Cuban fairs he was in attendance, and was agreat favorite. When Colonel Ryan got up his expedition Chariey joined it, and was con- sidered a good fellow. He next turned up in the character of & diamond fancier. On Saturday tast detective Eustace entered the jewelry store of Mr. Kirkpatrick, cbrner of Duane street aud Broadway, and observed Langley pricing diamonds. He selected $13,090 worth, and gave an order for the amount upon Vermilye & Co., Wall street, Mr. Kaetace whispered a word in tho ear of Mr. Kirk- patrick, who despatched a messenger and ascer- tained that Langley was unknown in Wall strect. Of conrse ho left withont the diamonds, On Monday Mr. Eustace was called upon by Mr. McClure, of Tiffany’s house, and informed that a party was in thelr establishment pricing diamonds that they had cause to suspect waa oa swindler, Eustace proceeded to the store and eaw Langley select $17,000 worth of dlamonds. Ho exhibited the following letter to make It all right, and state’ that he would telegraph to Eastler and call for the din- monds on Tuesaday :— COrxorNx Att, Sept. 3, 184, To CHARLES W, LaNGiny, Req., New York! DRAn CHARLIR—I want you to go to some deel estab- Mahment In New York and procure for moa solitalre dlamond (atone only) weighing from eight to ten carats; also three —_ moron, suitable for ear pendahts, weighing each four or five carats, the entire four not to exceed in cost $14,000 or 15,000, You will please .to bring them with you, and I will ine, Nellie is to be married on the reimburse yon for your pal 14th, and she is detormined to have these stones placed in the old sotting worn by her mother, Try and arrive by Friday night, All nnite fn vending thelr regards. Your cousin, ©. B. ESSTLER, When he called on Tuesday Mr. Eustace was there and arrested him. Mr, Kirkpatrick, however, de- clined to prosecute him, and hi discharged, On Wednesday Seiora Villaverde, ident of the On- ban Ladies’ Aid Society, called at tne Central Of- fice and stated (that her room, at No, 118 West Twenty-third street, had been robbed of $1,000 Worth of diamonds, Ensiace inquired the names of the occnpants of the house, and was informed that one of the boarders was L. F. Melrose. He turned to tho blotter and found that tobe the name given by Langley when arrested, Detectives Moore and Vanjrhan proceeded to the houge and arrosted him, Tn his possession was found the ae th letter, In exipuaton of this letter he stated to Mr. Eustace and Colonel Ryan, who ‘had an interview with him esterday, that ne wanted the revolver to assist him in getting away with Tiffany’s diamonda, that when Eustace arreated him on Taesday morning he had a confederate in a carriage, corner of Broadway and Prince street; that he intended to seize the dia- monds, run to the carriage and use the revolver to assist him in his escape:— have some very important inisiness to transact, Do tl Iwill not only be your debtor but will reciprocate ft Opportunity, “Your (ried, . MELRO RPT, enn" don't refuse to get it, aa it will be of great service me, Colnel Ryan’s object In calling on Langley was to secure the return of the diamonds for the Cuban ladies, but he denies the peer, On his person Was found the following document, showing that he Was prepared to compromise with his viotima. While with the Cubans Langley acted as corres- for @ Chicago journal. we ht mges ge ee perity bares not te in Charlee W. Langley, piers era ACh HERALD, FRIDAY, SEPTEMBER 10, 1869.—TRIPLE SHEET. , a Monday, Beptember @ I had. s eonvermation with . Melrose, signatures, At a late hour yesterday Langley was still held in custody, but it ie that ne wilt be arraigned at the Tombs to-day. $24 do consider that we have no charge to prefer nguinst eaid Our KICKED TO DEATH BY A WOMAN. The Hickey Homicide—Coroner’s Investiga- tlon—Mrs, Anderson, the Assailant, Held For ‘Trial. Yesterday morning Coroner Schirmer held an in- quest at the Morgue on the body of John Hickey, late of No, 10 Roosevelt street, who died in Bellevue Hospital trom the effects of mjuries received by being kieked in the abdomen on the 2d inst. by Mrs. Margaret Anderson, living in the same house, 08 heretofore reported in the HERALD, Svubjoined is an abstract of the most important testimony elicited and the verdict of the jury:— Patrick Clark, a shoemaker, of No. 10 Roosevelt street, deposed—I boarded with deceased for the last three months; deceased aud toyself, who worked in the same shop, had just come home on the after- noon of September 2, when we heard a quarrel ont on the landing, in front of Mrs, Rigby’s room; the deceaged and myself went out to see what the mat- ter was, the deceased going first; I saw Mr. Murphy had separated the women; Mr. Anderson stood be- hind his wife, holding her ‘a the shoulders; Mr. Hickey, the deceased, stood in front, when I saw Margaret Anderson, the prisoner, ralgo her foot and kick the deceas in ‘the lower part of the abdomen two or three times; Mr. Anderson took his wife down deceased and myself weut into the house; the de- ceased then told me that he had been kicked by tho risoner, Margaret Anderson; on Sunday morniug r, Welch was called to attend him, having become seriousty sick on Saturday night; the deceased stated before me and Dr, Weich that the woman had kickxed him; before the deceased was kicked by the prisoner he had made no remarks or tried to interfere in any way, being merely a spectator; deceased was re- moved te the hospital, where he died on the same evening, at ten o’cl Patrick Clark, of No. quarrel between women, and golng frou to see what Lhe matter was, found that Mrs, Ander. son and Mrs. Rigby had been xeparated; Mr. Hickey, the deceased, was there; the witness saw Mik, Anderson raise her foot and kick deccased in the lower part of the abdomen two or vuree times; Anderson then took his wife down stairs; deceased then told the witness he had been kickod by Mrs. Anderson; before the deceased was kicked by the prisoner he had made no remarks norttried to inter- re in any way, being merely a spectator. Dr. Welch was called to see deceased on Saturday morning, and finding that he was dangerously m- Jured in the lower part of the abdomen advised his removal to the hospital. Deceased told the doctor he had been kicked twice by a woman. Henry E. Owen, M, D., House Surgeon of Bellevue Hospital, deposed that deceased was admitted to this institution on September 7 1a a atate of collapse, giving marked symptoms of peritouitis; he sank rapidly and died about eleven o’ciock on the night of admission; an autopsy showed that deceased had sus- tained a rupture of the bladder, and that in the doc- tor’s opinion was the cause of death, This closed the testimony and the case was given to tne jury, who rendered the following verdict:— at John Hickey, the decearea, came to hip death by poritonitis, conraquelt upon rupture of the nladder, caused y being kicked in the abdomen by Margaret Anderson, Bep- tember 2, 1869. The accused is thirty-nine years of age, a native of Treiand, lives at No. 10 Roosevelt street, and 1s a housekeeper. She pleaded not guilty to the charge preferred against her, Coroner Schirmer committed the accused to the Tombs w await the action of the Grand Jury. Veceased-was forty-turee years of age and a native of Irelan THE POLICE COMMISSIONERS. 10 Roosevelt street, heard a ‘his room The Obnoxious Uniform Order Revoked=The Headquorter Surgeons—Diamiesal trom the Force. ‘The above Board held a session yesterday, all the mefabers being in aitendance. Patrolman A. G, Price, of the Fourteenth precinct, was dismissed the force. ©, W. Lent, of the Forty-ninth, for stabimg his horse and leaving post; Martin Hiues, of the Twentieth, for (supposed) intoxication; Jobn Kernan, of the Forty-ninth, and Patrick Joyce, of the Fiftieth pre- cinct, were also dismissed, The offence of the latter was kissing a blonde German domestic during his hour of duty, On the 28th of June last the Board of Surgeons re- ported that they had, in obedience to an order of the Police Board, appointed Dra. J. G. Frazer and W. J. Doner, as surgeons at Police Headquarters in place of vhe present incumbents, Drs. Pooler and Arm- strong. Yesterday the Loard accepted the report, bout, as if was not adopted, Messrs, Pooler and Arm- strong will likely continue to perform the duties. The subject ef compelling the force to wear unl- forms atall times was taken up. The obnoxious order pagsed on the subject was fully considered, and the Board gracefaily receded from its previous action and modified the rule so as to read as follows, ‘This is a virtual repeal of the rule:— RULER 4,—Captains are always on duty, and shall wear the roscribed uniform at all times, unicas specially authorized citizen's clothes by the Board or the Superintendent ee. geante, roundamen, patrolmen and doormen ahall wear the prescribed uniform at all times when their respective via- toong are on patrol or reserve duty, and when the off p may be oalied on.ctuty on extraordinary occasions. When eltber the above enumerated members of the force omplainant, oF at the regu- OF at headquarters on an; Mw Wiaiovar, or at the school of instruction, he shall appesr in the prescribed uniform, Members of the force may, for spectal purposes, be relieved from wearing uniform by the Board or the Superintendent of Pollea; but at no tine, while in citizen's drese, 1s any meiner exempted from the performance of police duty. ‘The caps, gloves, shields, badge bien a, belt and butions shall correspond with samples deposited in the cloth room at the Central Department, ‘The coat will be buttoned at all times the shield will not be worn on the off duty. Sergeant Lynch, of the Fourth precinct, was trans. ferred to the Fifth, and Sergeant William H. Chrys- he, of the Fifth, to the Fourth. The Board have under consiacration the propriety of issuing an order compelling the members of the Board of Surgeons to wear mulform, A SHOCKING ‘CRIME. Alleged Mulpractice in Stanton Street—The Seducer and a Physician in Custody—Testi« mony of the Victim, Early yesterday afternoon Sergeant Sanders, of the Tenth precinct, waited upon Deputy Corouer Shine at the City Hall and informed him that Mary Boland, otherwise kuown as Mrs, Charles Shay, was lying in @ very precarious Condition at the house of Madame Eckhardt, a doctress, living at No. a4 Stanton street, and suffering from the em ot malpractice, Dre. Shine and Cushman tinmediately repaired to the place indicated, in company with Coroner Flynn, and found the sufferer: lying in tie front room, on the second floor, in spasms and convulsions, and ap- parently in avery dangerous state, Subzequently she became more composed and expressed a willing- ness to tell the truth regarding her condition, and accordingly made the foliowing STATEMENT: About (hree weeks siuce I had reason to couaull Dr. BE. W. Vonderamith, of No, 168 Bowery. I went to him he examined me and told .me that I waa pregnant. Ho offered to get me rid of the child, to which 1consented. He gave me some medicine for that purpose, for which I paid him eight dollara, Not finding the promised rolief I again visited him and paid nim five dollars. Feeling unwell on last Saturday, I, by advice of a female, went to br. Walforth, No. 62 New Bowery. He refused to examine me uniess I had @ lady or my huaband with me, That evening I went with my husband to Dr, Walworth. He examined me tn the aijolning room, My husband waited forme. Ileft and came home. On Mouday I feit very bad, and my husband went for Dr. Walforth, He came and has attended me nce, The case was then sabmitted to a jury, who ren- dorod a verdict a3 followa:—"That Mary Boland came to hec present perilous condition from the ef- fects of medicines prescribed for her by Dr. Bb. W. Vondersmith, of No, 168 Bowery, for the purpose of procuring aa abortion.’ As soon as Airs, Shay confessed that she nad taken medicine proscribed by Dr. Vondersmith that genticman was waited upon by Bergeant Sanders and brought to the presence of {he sick woman, who Identified him as the tnan from whom she had proeuyed tho medicine. ¢ Dr. Vondersmith admitted selling medicine to the young woman, but pot for the purpose alleged. He moat solemnly protested his innocence, and thoae who have known him in the Bowery for mauy years past say ho bas maintained an uri- walied reputation. Dr. Vondersmith saya his prescriptions will show that the medicine he gave ‘would not have the effect of producing an abortion, and tie idea of, even being auapecced of conniving at ach an offence drove hin almost to despair. DEPOSITION OF MRK ROKIARDT, Nancy Sperry, alias Mrs, Eckhardt, doctross, resid- ing at 34 Stanton street, being duly sworn, says— ‘About tree Weeks since Mr, Shay and Mary Boland, in she was turday, end on Sunda: or the ‘operation; I have seen Dr, Walforth atten: 4 r since, . Dr. Walforth stated that Miss Boland called at his office on Saturday last on professional business, and froin @ partial examination then made he decitned to prescribe, and she left; the following Monday he Was calied, and has been attending her since; Dr. Warforth ts said to be of repute among the | medical fraternity, not one of whom for a moment | soe suspect bim of complicity in such a case a6 | After learning everything pero concerning the matter Coroner i‘lyun considered himself justified in committing Shay and Dr. Walforth to the Tombs to await a furthér examination, Shay, who is a tall man, with black hair and mustache, Keeps a bil- lard saloon at -No. 199 Bowery. Mrs, Boland, mother of the sick girl, a highly respectable lady, is in ‘he deepest distress at the disgrace brought upon her family by the designing Shay. She sayé that on the loth day of July Shay decojsed her daughter away and they went on a picil:, remaining away allnight. Some days subseqreutiy Mary returned, and be! ng gently remonurtraiea will for her conduct left the house nud never returned. Shay aud. his victim both insisted that they were married, but during ® conversation with Coroner Flynn Shay confessed that he was not married to Miss Boland. Dr. Vondersmith was not locked up, but placed in chi of detective Haley, attached to the Coroners’ Ofice. Further developments wil robably be made in the case to-ca: Miss Holand fully exonerated Madame Eckhardt from any partt- cipation in the affair. REAL ESTATE MATTERS. Real Estate Notes. The following sales of real estate in Boston are re- ported in the Zravetler of the 8th inst.:—Bernard Foley, for $2,925, haa bought of Hzra J. Coates a lot of land at Boston Highlands, at the corner of Grove Hall avenue aud Edgewood street, containing 15,500 square feet, Messrs. Thulin & Jansson, for $2,584, bave bonght of Roger Drury, 5,169 square feet of land on the southwest side of a court or street 30 feet wide, running southwesterly from Parker street to the Boston and Providence Railroad, The estate No. 19 Billerica street, for $4,300, has been bought by Mr. Abrams the broker, from Messrs, Hickok & Prosser. Michael Burk, for $6,700, has bought of A. H. Read anestate on the southcast side of Willard street, 22 fect and 6 inches front, Lorenzo Bowen, for $1,500, has bought of widow Moriarty land and buildings on Poplarcourt. Mrs. Wright, for $2,500, has bought of James B, Wilder an estate in South Boston, on the southerly side of Silver street, the lot being twenty- two feet and six tnches front. Dennis Farracy, for 25,000, has bought of Thomas S, Waters an estate in South Boston on the southerly side of Silver street, just westerly of B street, twenty feet front. ‘The following realestate sales are reported ina te Puiladelphia paper: hree story brick store, Nortn Third street, 20 feet, $9,500; genteel tory brick dwellin North Tenth ‘street, toayearly ground rent of ninety dollars, lot on Howard street, south of Cambria 53,5005, roel $425; two story brick lactory, Ashland street, Doylestown, $2,000, Forest Hill, the farm of Mr. Robert McKenzte, oue mile from Gordonsyilic, Va., and contaming 346 acres, Was sold on Wednesday last to Mr. Peter C. Mcintyre, of New York, for $30 per acre cash. The hotel properly at Gordonsville, formerly belonging to the Messrs. Wood, has been sold to Messrs. Mur- ray & Ely, of New York, for 200 cash, ds A Washington paver gives the following additional particulars concerning the proposed sale of 500,000 acres of Virginia land noticed here yearernay sine Norfolk and Great Western Railroad Company and the Virgmia International Land Company have lately entered into a contract by which the latier QUARANTINE. Statistical Repert for 1869—Comparison With Mortality of Former Years— Yellow Fever Report. Toe cessation of midsummer heat and the near approach of auivmno’s imvigorating temperature have terminated (he season of pestilence at Quaran- tine, and affulrs are as dull in the hospitals of im- fection as can be imagined, No infected vessels have arrived for soine time past, and tiere are no cagea of yellow fover or any other pestilence a8 Quarantine. A few vessels which arrived during the summer with fever are idly swinging at aochor in the bay, awaiting the purifying influences of frost, and a smail number of nurses linger in itne hospital for avy new cases which may arrive; but aside from the regular visite of the heaith officers to passing ships Quaran- tine matters are as dull a3 in midwinter. During the bummer, however, Quarantine has been busy enough, and the almost daily arrival or vessels, including several United States war steamers, brought vividly to mind the terribie visitations of pestilence upon New York and other Atlantic cities in previous years, At one time there seemed to be great danger of yellow fover reaching ~ our populations and with ‘@ realization of the awful bavoo which such an epldemio woult make tm our crowded and uncleanly city, the most strenuous efforts were made to confine the disease to the lower bay. yThe quarantine statistica of the year show that the number of yellow fever cases has been greater than that of any previous year since 1856, with the exception of 1864, as will be seen by the following YELLOW VEVER REPORT FOR 1309, which shows the total arrivals from the 15th of June to the ist of September, with and without sick- ness, from the different perts infected with yellow lever, together with the number of sick and deatha upon these vessels in port, on the passage and in quarantine:—~ r iF | Infected Povte. Havana... Matanzas wee ral SSIS et et O port... St, Domingo eit; Port wu Prince, Guadaloupe . Martinique Key W elel i tole bit Aspinw: Vera Cruz. ivivcensrtii ties Total. 39) Passage, 2 sick, 1 death, death; quarantine, 2 sick. St. Domingo—Passage, Porto Rico—Passage, 1 6 sick, 8 deaths, Key Wes:—Passage, 1 death. Spauish Main—in port, 1 death; passage, 3 sick, 1 company engages to find purchasers and settlers for all the surpius Jands lying along the projected rai!- road that may be conveyed to ita company in sub- scription for atock. This the laud company will un- dertake to do chiefly by inducing and furnishing facilities for the jmmigration from Germany of per- sons of suficient substance to enable them to be- come purchasers. To this end they will proceed with all practical despatch to establish agencies im Germany and engage the means of transportation to Norfolk. The means accruing from sales wilt go to the railroad company in aid of its fund for con- struction, This project seems feasible and prom. iges very Important resulta, ‘A Brooklyn paper sava of the real estate market in this vicinity:—Great anki 4 continnes to prevail in the real estate market at East New York. The prices of houses and lots are so low and the terms on which they can be had so reasonable that nuz- bers wishing to secure houses or lots for ihvestment or improvement are purchasing at East New York. The attention of the masses has been called to the advantages of Long Island by the purchase of Hera) stead eee by Mr. A. T. Stewart, aud the pubiletty given to it by the press has been the moans of send- ing thousands prospecting to this favored location, who on ira: lig advantages are locating lere; thus 18 is that Bast New York and other towns and villages will be greatly benefited by Mr. Stewart's purchase, Buildings are being erected in every quarter of the town. Several factories are about being located here, The grading and extending of Atlantic avenue will suvon be commenced, the «ur veys having been made. The builders and real es- tate olices are doing a good buslaess, The Boston Traveiler of Weduesday last says con- cern the proposed extension of Washington street, in that city:—The plan por aa by the bo: of Aldermen for the extension of Washington strect does not carry in it an exactly straight line with the present end of the strect, but trends it very litie to tite lett, so as to strike and meciuae the west cor- ner of Hanover an’ Friend streets, which 13 nearest to Portland street (Everett occupant), and the most of the rear part of that bailding which 1s on oxite or east corner, on the same side of Ha it destroys and includes that littie place which te out of Friend street, just a few steps from Ha toward Sudbury, called Billings place, It ¢ out into tinymarket square by taking nearly the. whole front of the Riddell carriage mart, which is the property of St. Andrew's Lodge of Free Masons, and a part of the Alpheus Hardy trast estate, adjoining Witch is occupied by Georze W. Berry & Co., furni- ture deaters, ‘Lue street takes away most of the Rand printing office eee on Cornhill, about haif of the Cliy Hotel and the alley that runs along It, a coruer of the furniture or old Museum Hall, on Fim strect, that corner Lowards Hanover, that part of te Solomon Wildes esti that is on Han street, &c. The amount of land taken 1s ip general terms as follows, the final dectsion as to the number of feet not being quite definite:—Cornhill—herrs of Ed- ward Tuckerman (Rand’s), 2,855 leet: Brattle stre Fifty Associates (Clty tall, &c.), 13,770 feci m atreet—heirs of Samuel Whitwail, 1,440 feet; Hano- yer street, southeast side—heirs of Solomon Wilde, 8,220 feet; heirs of Thonias Capen. 139 feet (Higyins’ store). ‘The Solomon Wilde esrate tacindes that wooden range on the southeast side of Hanover street, where White'a bonnet rooms are. lence these old buildtugs were ieft standing when tho rest of Hanover strect was cut off on that side by widen- ing. Hanover street, northwest side—J. M, Beebe's estate, 180 fect; J. H. Hatch, Jr., 905 feet (5, 8. Hol- ton’s boot store’; Thos. Higgins, corner of Prie ‘erett ocenpant), 1,925 feet; heirs of Samuel Ken. other corner Vriend, 2,055 feet, now occupied vignt Wheelock & C Citlda, Crosby & Laue, si teet. Friend sireet— Jordan’s back corner, 9 feet; rear of four estates running ‘kK to centre of the block—Elizabeth P. Gray, 1,420 feet; George P, Dowling, 1,590 feet; James Damon, 1,470 feet; George W. Berry, 360 feet. Haytarket square — ary E. Bird (rear corner), 716 feet; St. Andrew's et; Alpheus Hardy, trustee, 1,007 of damages to be assesved ior yet boon fixed. each osiate has not OMicial Transfers of Real Estate Yesterday. TRANSPERA IN NEW YORK civ. #8, 858.4 ft © of 7th ay, 20.10X105.8. 100 ft ¢ of 2d_av, 78x'¢ bloc lath at, who passed as his wife, came to live in the same house with me; about two weeks since [ had @ conversation with Mary Bi ad in our house; she then told me t for poset Vy feta showed a box of was in urpose of child; she gaid her husband did not w: children; I told her not to take the Uke th would ber; on last Monday morning, about t "clock, Mr. Shay sent for me to come and attend 13 wife, as she ja convulsions; f re! up and told him to get # doctor; Dr. ‘elforth camo during the might; om lpst 118.8 ft w of 7th'ar, 16.8x98.9. . 20%100.5. h av, 400 fLe of Toth av, 20x55; 00 496 foot @ of lth ay, 9x57.4x26.1258 Guth wh mw, 200 ft e Of Hth av, 4.5 1-3x100. 500 Wid eh 6a) IRL Tew of, 2 Avy AOR “tg tl Site ay, 44. .' ha BO flo of Mf nf, 44.8uSd.x56.5, 12th at us Ing ata potut inthe middle line between 1Rith sis, distant 176 ft @ of Sd av, Qh av, ww comer of 43th st, f.AxT Greenwich at, No 899, § years and O5th wt, 6 4, 180 (ew OF av Ay Mintle Ay e anc Ay, 3 8x! Yougl: ty f eo Oye Rt, Late. PantUreens place, € 8 1827 ft 8 oD gfarden 00.8 fet Frank cuiry at wm 0 fe 8 OF Preaiten 168 ft w oF i fonerolo at, nw corn r, 1lslv0 #6, 983 fh @ Of Vanderdift ay, 2 % 300 Re of Nostrand av, S0x28.7. Tih wt, # 6, 80 £18 of Bh ay,IRSxM),, Ua OFA AY Binldanseguttcce TARR Be REG BP Reser siete Wililaws av, ¢ #, 225 (tn of Liberty av, 6ux100, CRANBFKRA IN QUEENS COUNTY a8To Grand st, 0 6, 60 ft woof Buchanan pines, BOx100, REMPwFAD, Wasbington ay, oa, adj Whitney av, (0xi00..... "JAMAICAL Garden pt, #8, lots 88 to 7... ) Chichontor ay, ns, lote 104 to T1y, Van Wyei's map,o 1,800 4 2551000. eves a) Adjoining Damson HUTPSTONE, Smith wad Clinton ave, n w corner, 132x/20 WINFIELD. Bushwick and Newtown vurapik Finke av, 29.1ix103. 250 WESTCHESTER COUNTY —GREEN. Orebard at, we, 14405 of Wildey at, 6204. . 1,000 MONRISANTA, Ist at ant Grove av, @ w corner, 100x160, 2,500 MOUNT PLEASANT, Beekman ay, u a, adjoining © V Z Jansen's, 3 acres... 18,000 WEST PARMA. Tompkina st and Oliver ay, n ecorner, 100x150. .....++++ 1,400 YONKERS, Buena Vinte 100 tt North Broad w ointng Gaeigt ‘Ay, 08 adjotniog tre Cantrol 6 btn SP aunde pla Peed ico 4, adjoining Gaslight < death; in quarantine, 3 sick. Rio Janciro—Passage, 2deaths. Aspinwall, passage, i deata; in quaran- tine, 1 sick. It Is interesting In this connection to review the statistics of yellow fever at this port since the e3- tablishment of quarantine in 1799, and to see the relative mortality at the several ports from which the fever 1s brougtit lo this country. Ina period of eixty-mx years 633 yellow fever vessels have arrived at this port. The following shows tie ratio of mnfection at each yellow fever port and the pots- oned vessela theref:om during that time:—Havana, 33 years, 211 vessels; St. Domingo, 16 years, 16 ves- sels; Matanzas, Chariestou and New Orleans, each * 12 years, with an aggregate of 84 vessels; Vera Oruz, 9 years, 27 veasels; Sagua la Grande, Clenfuegos, Kingston and St, Tuomas, each 8 years, with an ag- avegate of 96 vessela; Central America, 7 years, * vessels; Santiago de Cuba, 6 yenrs, 3 vessels; Coast of Africa, 6 years, 21 vessels; Trinidad, 5 years, 8 ves- seis; Rio Janiero, 4 years, § vessels; Gautamala, Car- denos, Guadaloupe, Savannah, ‘eke and .obile, each 4 years; Gouaives, Guayaquil and Martinigae, each 3 years; Nassau, N Ponce, Norfolk, New- burn, Demerara and each 2 years and Manzanilla, St. Jolins, Curacoa, Tortugas, Peusacola, Spanish Main and each 1 year. Our latitude of north 40 di 2 min. seems to be nearly the northern limit of the disease. It 18 entirely un- known in Engiaod, whose summer heat is given as 76 deg., though her West India and other tropical trade 13 at least equal to ours. Bat ti bas bee known to prevail 12 seaports, on the coast of aud Portugal, trom Gibraltar to Oporto, whose lati- tude is north 41 deg. $5 min., or neariy as igh north az ours. That it has not been reported in China or the Indian ocean, nor at Caicat'a. Bombay and ouler ports of the tropical East, is proba- bly due to the absence of trade with the African coast whence we ved it, That it ts the original coast fever, somewhat modttied both by latitude and longitude, 1s not now doubted, as froim every place both in this country aad Europe where it originally first appoared it has been traced directiy to tae coast of Africa, It was brought thenee to Martt- nique by the Orifiamme in 1685, to Barbadoes in 1691, to Philadelphia in 1699, to Charleston in 1732, to Vir- inta in 1541 and to New York 10 1793. Since the earliost of these «lates It bas reappeared spontace- ously every year im se of the West India Islands and povis of Mexico, like @ botanical product indi- genous to tueir soil. fi in this erty, in 1708, when New York contained but 50,000 inhabitants, between 2,400 and 2,509 died of yellow fever. Again, in 1803, out of 1,63y reported Cases, 600 died of malignant Yever. In 180% the number of deaths in the city Irom yellow fever was 70%, In 1805 there were 699 cases, of which 275 re- suited fataliy; aud in 1822 there were 240 deaths in tho same city, froma the game disease, out of 411 re- ted cases, In 1705 732 died at Philadelphia, Pa, in 1708 3,506 died m the sume city. In 1793 4,081 died of this fever. Again, in 1855, the epidemic ach nearly depopulated Portsmouth, Va, and atton of about 4,600, 1,009 died, » werd whites and about 900 of died, while of the 2,000 blacks only 100 died, At no period in the history of this country were the ravages of this terrible scourge so destructive and spread as during the year 1364. In other yel- low fever epidemics, althongh many of our seaport cities and to suilered severely, the disease never pevetrated into the country districts, In 1364, how- ever, it oversteppet all former boundaries, and, carried by panic-sivicken fagitives, spread far mio the taterto New Oricans it extended up the Mississippi as far as Memphis, while the whole Galf front of 1exa8, embracthg an area of more than 200 mites fa length by nearly 160 tn breadth, was fear- fully visited. New Orleans suffered more severeiy tian in any former epidemic, excepting that of 185%, Galveston, Indianola, Houston, Corpus Christh and many other towne, Were almost depopulated. Pen- rarburton a 10, u00 On tho 19th ult., at St. Petersburg, at ten A. M., such a dense obscurity prevailed that the gas lamps had to luge of ral Twenty fuiniites: tne clouds cleared off und shone quite bright, The thermometer marked Gogrees Reapmur, sacola, Key West aud Mobile also suifered to a con- siderable extent, while in the West indles yellow er Was unusually prevaleat. The ports of Ha- na, Port du-Prince, Miragoane, Kingston aod St. Thomas were a!so seriously jufected. SHI? FEVER. Since the Ist of Janu tweive vessels have ar- rived at this port with cases of ship fever on board. ‘The total number of persons on board exposed to the disease was 7,659, of which elghty-three were sick on arriving in port aad twenty-five died on the paa- Tage aud in guarautiue, Overcrowding, imporiest ventilation, improper and insuMicient food and an- cloamimess, formerly so commonly met with upon vessels bringing Immigrants, are now happliy the exception, aud in the absence of these active agents in tho production of ship fever this disease ja fast disappearing froin the marine. In exceptional cases however, Wren a vessel makes a long passage, or when, through the prevalence of bad weatuer, the passengers ave shut up for any length of time be- tween decks, cases of snip fever from time to Ume occut; but in these instances the character of the causes mitigate the intensity of the disease and ma most cases develop “a g mid form, OLBR As Notwithstanding the prevalence of cholera dari at this ery the summer ia Cuba vessels arrivin, have been remarkably iree from the disease, few caves arrived at Quarantine, and poae of them were ofthe masignagt type so /requently met with, on West India vessels. BMALLPOX. The smallpox report for the year shows 26 vese ela, with 145 sick persons out of over 19,000 ex. posed to the disease on board ship, and 17,600 vac- cinations at Quarantine. ‘This disease has been more prevatent the past summer th in season for several years, The deaths in New York :rom small) was 106 per annum, and from 1848 to 1866 age annual mortality was 400, while in 1866 nouniver of deaths from this disease was oi ne in 1867 19 and im 1868 the mortality had fallen to 18. These figures incinde all the cases vessels in quarantine to the Small; tal on Blackweil’s Island, Law prevailed in an eptaemioc the Fate ao ene Territories, seventy deaths per day ocourred at out of @ population of 150,000, while in many ines in tho interior of the was even const. it reached $ and ot of the mountgins, ext ‘ fearful mortality a) ee it our