The New York Herald Newspaper, September 11, 1869, Page 5

Sg RL aR RAMEE THE GREAT GALE, |**" Further Particulars of Its Destructive Effects in New England. SERIOUS MARINE DISASTERS. HUNDREDS OF VESSELS WRECKED. ‘The annexed details of the terrible storm of the 8th, collated from New Englana journals, show a further loss of life and much greater de- struction of property, especially among ship- ping along the coast, Hundreds of vessels have been wrecked or seriously injured, most of them, to be sure, coasting schooners or fishermen, bat the loss of which will fall heavily upon the hardy mariners of the East. We also awalt with painful apprehension further news from the deep sea. If the gale extended far from the coast, or even along she Grand Banks, more vessels have probably been Jost, with, perbaps, a much greater sacrifice of Iife. Maine. ‘The storm caused great deetruction of valuabie property in Bath, particularly among the vessels in port which broke {rom their moorings. The extent of the damage cannot be far from $20,000 to $50,000, The ship Rochester, undergoing repairs, drifted up the river four miica and went ashore on Line's Island, It is feared she has bilgea. ‘The Lucy fH. Glvson, of Baltimore, ran into the new ship General Chamberlain, owned by J. P, Morse, and the two then ran into the steamer Easi- ern City. The three then separated and the Eastern City then ran into the brig Crocus, of Gardiner, in- Micting upon ber damage to the amount of $2,000, by carrying awuy ber foretop and topgallant masts and head of foremast and bowsprit. The steamer had her bulwarks ruvder damaged; loss $1,500, The General Chamberiain ran into the schooner Comet and made her a total wreck; losa $1,500. Her cap- taln, Alvin Oliver, of Arrowsic, was drowned by fall- ing overboard. ‘The General Chamberlain was finally secured, as also was the Lucy H. Gibson, both ves- gels receiving but iiitie damage, The schoouer Exchange, loaded with wood, bilged ‘otvs Cove, on the Woolwich shore, and 1s a total wreck, The brig froniler, of Philadelphia, went askore on Jewett’s Ledges, but has veen got off with hut little Anjury. ‘ihe yacht Commedore also went ashore at Wooiwich, At Boothbay twelve schooners are reported ashore, ene a tou i083, At Cape Siuali Point the schooner Monitor, of Co- Jhaseet, Captain Gawmons, is ashore—a total loss. ‘The captain was drowned during the gale. . ‘The Hastern Queen, which arrived at Bath on the afternoon ol the gaie, reports a brig bottom up, one schooner capsized and auother schooner dismantied of Boon Isiand. Tuer names could not be dis- covered, The gale was very severe in Portland, reaching tts height about hali-past eight o’ciock. At the Fair Grounds, where the New Engtand Agricultural So- ciety are holding their exhivition, there was a gen- eral demolition of /ences, ten‘s and cattle pens. ‘The huge tent over the agricuitural implements was torn in shreds, and the brigit polished 1ustruments of husbandry were exposed to the storm, The tent occupied py @ grizzly Lear, snakes, monkeys and “sich,” was upturued, and one of the snakes made for parts uaknown. Several cattle pens were upturned, and the inmates, in wild aitright, bel- Jowed and ran hither and thither until secured, A young bull was secured ouly after aiong run. Two or three men were lifted bodily and hurled several yards and sligtily jured. For some minutes tae gceue was one of tue wildest confusion, horses neighing, cows bellowing, bulls roaring, sheep bieat- ing, and, m short, every animal W.8 aimost wild with frenzy, and several hours were required to quiet their consternation. Portsmouth, N. HW. ‘The schouner Eleanor & Mary went ashore on the ‘western point of the Appledore Island, Isle of Shoals, during the gale. The vessel is a total loss; . no insur- ance. Crew saved, She beionged to Randall « Dixon, of Portsmouth, Four schooners went ashore at Kittery Point, Three Dave been floated oi¥ und the other hag her stern broken out. Massachusetts. At Gloucester the brig L. Stapies, In ballast in the euter harbor, reaay for sea, hud her foremast eut away during the gale and lost maintop- mast. The schooner C. E. Higgins, from Bos ton, was dragged ashore at west point of fort and bliged. Part of the crew were landed by ropes and two were taken off bya lifeboat. The scnooner Winslow, of Plymouth, from Grand Banks, ‘with fish, is ashore on Pavilion Beach and will have to discharge. The yacht Editn, while running in, at four P. M., struck on @ rock and sunk In Fresh Water Cove. ‘the schoonor Mary Eliza, of Calais, bas her stern on a rock aud is raised so that a man ean walk under her. A light fore-and-ait schooner ise-*ore at Long He: Pilot KR. H. Callahan lost . woat, Young Rover, near Pavilion Beach, lie ‘Was outside, and reports seven or eight schooners in the bay and one brig ranning for Eastern Point. She may have run into Salem. Nothing else can be pont ashore from Thatcher’s Island to Norman’s Land, The havoc was almost unparalleled in New Bed- ford Harbor. At the height of the storm there was great excitement on the wharves and among the suipping. Vessels wero breaking loose in every direction. Some were secured by prompt action, and others went adrift inthe harbor, About four spans of the bridye are gone just east of Fish Island, and a3 many just west of Pope’s Island. The wharves are all more or less injured. The school slip Massachusseta gotimto considerable diiticulty, but escaped serious harm by skiltul handling. She ‘was unfortunaiciy situated, having the sunke: wreck of the bark Harriet Livesiey directly under her Jee, 80 that the ship could not give a long scope of chain, She let a second anchor go and gave out as much chain as could be given and swing clear ‘of the wreck, At about five o'clock the ship strack adriit, and by skilfully bracing the yards she was able to avoid the wreck, which got directly under the Massachusetts’ port chain. The anchor was drawn over tie bark’s quarter and took ground again. About this time the ship parted her starboard chain. A heavy kedge with a strong haw- ser was bow bronght into use, and the siip, when about haif way from Crow isiand to Pope's Is'and, was brought to by the anchor and rode out the gale in salety.y She was alterwards Kedged out into decp Waiter anu row ties aut her usual anchorage, The ship lost one of her boats, The officers and crew were untiring in their esforts to save the ship, and and the boys belay imniraoly, The storm was evere at Marblehead, The schooner William F ) lately arrived Irom the Banks with 460 quintals Of fish on board, parted per chain and went asiore at Bort Sev 1 sank, The crew were wiih diiiiculty saved; vessel and cargo total loss. The yacht ‘'riumph went ashore at Point Neck and went to pie crew saved. The yacht Lydia, of Boston, weit ashore at Skinner's Head at low water, but was got oW during the night. Tae United States revenue culter Morris dragged her anchors, but fivatly held on without damage, ‘the shore on the north side of the harbor is strewn with fragments of boata, dovies, &c., which were destroy- ed during the gale, At Boston the United States schooner Phare - et atom ad the PigAwe cutter Active were rint GoW by the brig Wilda stevens, of New Yorg, The Pharos had her bowsprit anda foremast cfriéd away, aud on clearing away the fore rigging the mainmast fol- lowed. fier dev forward was considerably ripped UD. she held well to her anchors, The cutter had or jivboom carried away, and was immediately forced ashore with iliza Stevens, at Fish Island. ‘The cutter was afierwards got back to her anchorage not ist | damaged, and the Phar.s was towed to a wharf! for repairs. ‘The orig eventually broke through the oridge and brought up im_ shoal water noith of Pope’s Island. The yacht Nettie, owned by Dexter Hi Foilett, on returning from a cruise down the harbor, anchored of Central whart guring the storm, but she parted both anchors and drifted stern on to the whar!, where she carried away her main boom, stove in the stern and received other damage. The injury done wiil amount to 00. 50 Accounts from Manchester avate that all of the pleasure yachts between Gloucester and Beverly, Dumbering 10 all avou: twenty, were driven ashore on the beach, and some o1 them received consider- avie — A yucht belonging to Mr. B. G. Board- man was bilged. Mr. Loriug’s yacht is ashore at Weat Beach. The following disasters occurred at Fall River: The schooner Sophia Ann, Captain Baker, of Yar- mouth, laden with coa: for the Union mill, broke bd froin her fastenings at Mr, Bowen’s wharf and went on to the breakwater, just north, where she Dow lies, Mr. Bowen estimates his loss at about $1,500, Schooner B, C. Scribner, and another, name unknown, dragged tieir anchors and went ashore ou the Somerset side. Schooner isaac Van Zaudy from and ot Baltimore, J. B. Pitts, captam, having just discharged her cargo, gunk at Derrick wiiari. Her topmast was broken ot, | Sho will be rused, The yacht Josephine, Mr. B. M. ©. Duriee’s’ is aiso ashore on the same side, A schooney, which arrived with coal for the steamer Oriole, Was driven ashore near tie Somer- set ferry, and now lies there, Steamer Bradford Durfee lost her smokestack and was blown up the river to Warren, wiicre she dropped both anchors, but finding them insufiictent vo hold her, she slipped her cables and went ashore. She subsequently got off and mace faat to one of the docks in Warren. fy Ursday hor wheelhouse Most of the ngers remai srrived at Fall River at half. morning. Steamer Jronsides and hurricane deck carried from Newport. Rhode Island. NEWPORT, ‘The vessels in the harbor were more ur 1ess dam- aged, The schooner L. T. Knights, of Camden, broke her fastenings at the Commercial wharf, and went adrift with a part of the whagf, but was brought to an anchor after having her stern stove in, The sloop yacht North Star broke her bowsprit off while thumping against Swineburne & Peckham’s wharf, Pilot boat Vision, of New Bedford, dragged up against the Long wharf, filled with water and sunk. Pilot boat Sovereign of the Seas broke her moor- ings, went against Long wharf and tore her deck and cabin completely off, Schooner Azalea dragged her anchors and went into the boat shoo of Thomas Caswell, tearing the rear of the builamg, which 18 over the water, to pieces, Sloop Mary Sears also dragged afoul of the same ae running 1010 it as far as the mast. ‘The fishing smack Pathfinder parted her moorings and went ashore by Mr. Alger’s boat shop, had her edges stem and stern broken to pieces, and filled with water. The yacht Lonisa, owned by R. L. Kennedy, dragged irom down town up against the Long Wharf, had her bowsprit broken off and was other- wise damaged, losing all her sails. Sloop Competent, of New York, also dragged against Long Wharf, carrying away mast, bowsprit; aver re apc ripped partly up, aud starboard quar- ¥ stove in, The Empire State had her starboard wheelhouse stove partly in by the Metropolis striking against er. Schooner George L. Moore, of Chatham, aragged ashore near the Blue Rocks, and remains easy Ob & soft bottoni. The fol.owing veszels are ashore on bor Island:—Schooner Lady Jane, of Perth Amboy, is high and dry at low tide, port rail stove. Schooner Charles Baila: of Sas arbor, is ashore and re- mains tight, Sloop s Latham went ashore by the Asylum bridge and sunk. Schooner yacht Foam, owned by Robert Maitland, dragged anchor against the same place and remains easy. Yacht Vesta, of Boston, 18 ashore on the rocks ot pig same place, with her stern afloat; remains ght, Schooner Carrie H. Spoiford, of Leroy, Me., 18 ashore, with her bottom slightly chafed. Schooner Ranger, of Yarmouth, is ashore at the same place and remains tight. Schooner Andrew Stewart is ashore at the same place; remains tight. Schooner Frederick #ish was asdore on the north end of Coasters’ Har- bor, but came off this morning without any damage. ‘she whating bark Courser, of and for New Bed- ford, with 1,500 barrels of oil on board, was towed into Newport yesterday, having been entirely dis- mantled off Block Island in the gale, She touched a oage and is leaking badly. The bark L. I. stocker, of Portland, from Pensa- cola for Boston, is ashore on Canonicut, dismasted, ‘Tne brig Mountain Eagle is asnore on Dyer Island, Sixteen Vessela are reported m Dutch Isiand bar- bor, seven or ¢cight sunk, and the restashore, The schooners Ossuila and @ orge J, Jones are ashore on the sound end of Prudence, WICKFORD, The sloop Resolution, Captain D. 8, Baker, left Newport for this port with the mate, Captain Y. W. Whitman and three passengers—viz., John G. Alien and John F. Brown, of Exeter, avd Alphouzo Cooke, son of Mr. George Cooke, ol Providence, aged eighteen years. The sloop was under double-reeied sails, The wind was fair, but Increased so furiously that the captain settled mis sail and took in another reef, From Canopput Point it rained and blowed so hard that he could not see any land, and he rup in to vhe west of our lighthouse, siriking & large rock on shore, opposite the Gardiner whari, carrying away the sloop’s nast and breaking her up in fifteen minntes. Ailen and Cooke were washed overboard and lost. The other three clung to the mast and rigging, drifting across into Spiuk’s Cove, west of Sanger Pointy where they were taken otf by & schooner’s boat lying in the harbor after being in the watcr about two hours, and brought over to the village nearly exhausted. Sloop Eliza West, of Tiverton, Captain West, went ashore south of Poplar Point lighthouse, near Cold Spring, but will be saved. The chimney of the brick mill in the village and also the tall chimney of the ironworks were blown down. ‘The Lalayette factory 1s reported damaged to the extent of $10,000 or $15,000, ‘The Fashion, lying at one of the upper wharves, was not injured, but a yacht south of her went ashore. The hulk of a schooner is lying at ancbor about four miles out from Wickford, with both masts cut away. At Bristol a number of vessels were torn from their moorings. A brig and schooner are lying high and dry on Pappoose-squaw shore at the head of the harbor, Many saliboats aresunk. A Newport pilot boat 18 also ashore. Tne wharves are very badly washed. At hall-past five o’clock it was six loet above high water mark. At Portsmouth a Catholic church, used also schoolnouse, Was raised trom its foundation and bybocha pieces, filteen minutes after 100 chudren had At Barrington the covered ratiroad bridge over Barrington river was torn up from its foundations wee the car track upon it, carried about a mile up streao. ‘rhe railroad bridge over Warren river is very badly injured and rendered impassable. The two carriage bridges between Barrington and Warren are se- riously injured, portions of the foundatious being washed away. A schooner coming up Warren river struck against the buildings of Mr. Bosworth’s coal yard and after- wards drifted up the river and went ashore near (ne gas works, on tho Warren side. ‘rhe Bristol Ratiroad 1s impassable. The train that lett. nere at five o'clock on Wednesday afternoon is imprisoned between Lyon's Cove and Borden’s Cove, the road gone both sides of it. ‘Tue bridges of the Providence, Warren and Bristo! aot across Kickemuit and Cole rivers are de- stroyed. Ghe bridges at India Point are impassabie for teams. The road to Kast Providence and Bristol county 18 tarough Pawtucket. ‘Lhe old stone bridge to ‘liverton is tmpassable, ‘The car house at Mansfield was blown into an ad- joining pond. ‘The railroad bridge crossing Taunton river at Som- erset was carried away, and otier bridges upon the same road, oasters’ Har- Miscellaneous, Vessels are asiiore at New London, Mystic, Ston- ington aud Westoriy, Ct. At Stonington the schouner 1. v. Hazard and one of Captain Koper’s yacnts were Among tle stranded vessels, The Barometer During the Storm of the Sth. A correspondent of the Providence Journal writes:— During the first seven days of the month the baroweter had fluctuated but very little, the mean reading being 30,180 enti The variation above or below was only a few hundredths of an inch. ‘The wind for the first three days of the month was light, northerly; from the 4th, 6th, 6th and 7th, ight soutnerly and southwesterly, the air damp and sultry. On the 7th the barometer began to fall yery slowly, reading at ten P. M. 29.980, ‘The sth, Wednesday, opened wita very heavy fog, wind very light. soutierly, barometer 29.900, with appearance of rain, But about nine A. M. the fog cleared away and the sun came out. Before noon the wind hauled towards the southeast and increased In force, with occasional eavy clouds, At one P, M, it began to rain, the wind still increasing, At two P. M. the barometer had falien to 29.660. threo P.M. the wind had become heavy at south- east, With copious rain; at half-past three it was blowing a gale, and from that time ‘to half-past five the violence of the storm was fearful, uprooting trees, prortraung fences and buildings, as if they were nothing and Jess than nothing before it. The extreme violence of tho wind was, I think, from five to hali-past five, At four P. M. 1 obeeryed that the barometer had fallen a good deal, but did not take the reading; at five it read 29.106, thermometer at- tached, 74 degrees; at hwif-past five It read 2.026, A few minutes later I looked at it and it seemed to be rising; at twenty minutes to six it had risen to 29.100; at B1x to 29 3 at eight to 20.550, and ac ten to 29.608, the thermometer continuing at "74 degrees. ha as BEG POLICE TRIALS. ue President of the 8S, P. C. A. After tho “Locusts? Commissioner Bosworth yesterday heard evidence in about forty complaints agalast oMcers of we foree, Samuel Morrison, of the Second precinct, was Placed oa trial at the instigation of Heary Bergh, President of the Society for tne Prevention of Cru- eity to Animals. Mr, Bergh charges that on the af- ternoon of September 2he found In South street, near Burling slip, three tracks overloaded with hay. He called Morrison to assist him in making the arrest. The officer refused, on the ground that the teams were not overloaded, and Justice Dowling had refused to entertain such complaints, Te also charged that the officer incited @ mob to make hosuie demonstrations against him. Oiticer Campbeli, of Mr. Bergh’s onice, and George W. biunt in the main facts sustained Mr. Bergh’s charge; but ft aid not appear by wit nesses other than Mr. Bergh and Campheu that vio- lence was used towards Mr. Bergh, except by a dranken man, who put his hand upon hia, ‘The case was referred to the full Board. ‘Thomas Doren, Forty-second precinct. was charged with gross intoxication and abuse ot his superior oficers. From the evidence it appears that the roundsman, failing to find him at his relievin; point, went in search of him, and foun him drunk and staggering along the airects, Doran threatened to knock his head of if front of the desk inthe station nouse, and behaved so disgracefully thatine sergeanty Hiresnned to lock hin up, Ono withoss swore that three hours aller he round Dovan lying across his bed in We station house very drank, with ono leg in his pantaioons and the other outside, He assisted him to undress aud put hun to bed, Doran denied the charge of in- toxicauion, bus admitted the disorderly conduct, ‘The evidence was over Whelining in both complaints, and Yoran will doubtless be dismiased, ‘The Governor of Georgia offers $1,000 reward for ler on Nght pf tho D184 ulle 4 ip beckon NEW YORK CITY. THE COURTS, UNITED STATES COMMISSIONERS’ COURT. The Alleged Revenue Frauds by Officials. Before Commisstouer Shtelds. The United States vs. H, B. Matteson.—In this case, in which Sheridan Shook, H. B. Matteson, W. E. Boardman and J. P. Abrahams are charged with defrauding the governmerft, the defendant, Matte- son, attended the Commissioner's office yesterday morning and voluntarily surrendered himself, He atated that he had just learned of the affair and had come direct from the country. Commissioner Shields held the defendant in $5,000 ‘to await examination to-morrow morping. Alleged Illicit, Removal—Honorably Dis charged, The Uniled States vs, Nathantel Kingsley.—The defendant was charged with the Illicit removal of five varrels of whiskey from the Catharine ferry to his establishment in Varick street. The evidence on the part of the sopetpinens having failed to substan- tate bn charge the defendant was honorably dis- charg 5 COURT OF OVER AND TERMINEA. The Alleged Violation of the Quarantine Lawe—A Habeas Corpus. Before Judge Cardozo, In the Matter of Richard Martin and Matthew Walsh.—This case came before the court yesterday ona writ of habeas corpus. Mr. Howe represented the relators and Mr. Johnson, counsel for the Com- missioners of Quarantine, appeared to oppose the writ, It appears from the papers that the relators, Martin ane Walsh, are ‘hitehall boatmen, and having some friends on board the Eva, whic! vessel was in quarantine, they rowed alongside an spoke to them. One of the relators boarded the vessel, while the other remained alongside in the rowboat, Then the police galley of the harbor io hice Breammed up and arrested bothmen for a vio- tion of the lawa of fhe Board of Health, and took em ty the office of Dr. Swinburne, Health Omcer of the Port, at Staten Island, Dr. Swinburne imme- diately sent them down, as prisoners, to the Quaran- tine ship Illinois, there to be confined during his pleasure. On this state of facts Mayor Hall, on the application of Mr. Home, directed him to take out the writ of habeas corpus, which was brought before the court in the manner already stated. Mr, Howe (in answer to the return), stated that in itself it was not sufficient, because the production of the relators was neceasary. ‘The police took thelr prisoners before the Health Ofiicer, but they could not to-day produce them before the Court. Instead of that the authorities had sent an army of police- men into court, who had as much infection in thelr clothes as the prisoners themselves. No allegation was made, even now, that these men were sick from any disease, or In any way affected whatever. Dr. Swinburne, not wishing to take the responsibility himself, had applied to the Board of Health in refer- Pay. hi the matter; and now he (Mr. Howe) con- tended that the proper way to meet this would @ regular traverse to the return. ‘here was no danger to fog city to be antici clpated by the produpien of these men fn court. Under the bill of rights it was unconstitutional for Dr. Swinburne or any other person to deprive citi- zens of their rights, or imprison them in such @iman- ner as this. Dr. Swinburne could not tell whether he should not discharge them or whether the Board of Health should not discharge them, He therefore Slaimen that those persons should be produced in court. Judge Cardozo—Are you willing to proceed with- out their production? Mr. Howe—I think not, your Honor, under their return, Mr. Johnson—The aMdavits show that they were on board an tofected vessel, and it was also shown bf it was obligatory on the Health Omicer to detain em. Judge Cardozo—The Health Officer must produce the bodies of the prisoners unless he shows clearly that there is danger in so doing. If there be any conflict in regard to that some suitable physician should be sent to the vessel to investigate the mat- ter, examine these men and report. Mr. Howe, why should not that course be taken before I require the production of these parties ? Mr. Howe—The Health Omcer cannot state to your Honor that there 1s any danger in their coming here. Judge Cardozo—The sole question upon the return here-is whether there is @ reasonable probability of danger by their production. _If there is not then they must be produced. If the Health Officer does not undertake the responsibility of seeinw that they can be brought here under habeas corpus without dan- ger, then I think the matter should stand over, and that @ permit should be got from the Health OMcer to have the matter investigated. If the Health Om. cer sees fit to assist the Court im performing its duty there is not the slightest difficulty in having this investigation. The turther hearing was here adjourned until this morning, at half-past ten o’clock. Dr. Nealis, physi- cian of the City Prison, having been appointed by the court, with consent of counsel, to iavestigate the condition of the parties, Indictments. Over a hundred indictments, most of which were for minor offences, were handed to the Court by the Grand Jury yesterday. s SUPREME COURT—SPECIAL TERM. The Merchants’? Union Express Company. Before Judge Clarke. In this case, which has heretofore been fully re- ported in the HERALD, counsel submitted yesterday drafts of the orders in the cause to be hereafter ap- proved by the Judge. > SUPESIOR COURT—SPECIAL TERM. Arrest Under the Stiiweil Act—Motion to Dis- charge. Before Judge McCunn. John H. Roberts vs. James M. Waiker.—This was Q@ proceeding upon arrest under the act to abolish imprisonment for debt and to punish fraudulent debtors, passed April 26, 1831, and commonly known as the Stilwell act. The plainuif charges that the prisoner fraudulently collected $729, the proceeds of goods sold by the complainant, The prisoner was brought into court in charge of officer Beirne, who made the arrest. Mr. James F. Morgan appeared for the complainant and Mr. Fine for the prisoner, Mr. Fine made several preliminary mottons to dis- miss the proceedings on technical grounds, which were strenuously opposed by Mr. Morgan. Juage McCunn denied Mr. Fine’s motions and ordered the examination to be proceeded with. The prisoner was remanded to Ludiow street jail to await the re- sult of tue examination, which is still pending. COURT OF COMMON PLEAS—SPECIAL TEAM. Amendment of Pleadings—Opinion by Judge Bredy. Livingston vs, Cowles.—Phe following opinion has been delivered by Judge Brady in this case:— Brapy, J,—The complaint in this action contains some general allegations, The defendant answers them by a demi of what he does not admit to bo true, and adds bis version, in @ Repetnl manner, of the matier to which the Tels Felers in such aver- ments. His guange ig therefore not only a deuiai where the plaintlii’s charges are put in je, but an exposé of the facts and circumstances which induced and consummated the transactions between him and the plaintiff, and of the relations existing be- tween them, either socially or as attorney and client, It cannot be said with propriety, it seems to me, that in such an action as this, and in answer to such a complaint as served herein, the de:endant cannot state his case fully,as he has done here, and in the game manner that the plaintiff! nas adopted, Without going into detail, therefore, 1 deem it sufiicient to say that the answer is not subject to all the objections taken by the plaintiff, and that the motion made by him cannot prevail in all respects, I think it proper to say, however, that-the represen- tations to which the defendant refers as influencing im are not made the subject of any charge against tie Maint, and peed not, therefore, be made more tenhite Aid eertaff, Whey are explanatory of his opinions expressed about the stock to which the piuintiit referg, and are hep itunatg avarmenta W on ie qiéstion of intent. 1 think, alS6, that althotgl the answer 18 not, as bb's euggesved, subj est i ¥, th Sagiaph be all the obj tions le 0 at the pa innin, Nhe of the plaintig’s Wy end tn w?? and Saaine with the words aA ‘ya pany,” irrele- yaut und should be stricken out. It may be that the contents of that hn set develop resources as to the value of the stock which affect the plainti:’s atatement that he was not aware of it, but wy judg- ment 1s that it should be stricken from the answer as too much isokited as @ fact from the general char- acter of both the compiaint and answer, It 1s also my opinion that as both parties succeed on this motion ten dollars cosis should be allowed to boi, to abide the eveuts of the action, MARINE COUAT. Important to Ewigrants and Shipowners. before Judge Gross, cart Klein vs, The Hamburg-American Pavivet Company.—This Was an action brought by the plain- tiff, a German emigrant on board the steamship Borussia from Hamburg, @ vessel belonging to the defendants, to recover tie sum of $268, the value of a trunk and Its contents, which was lost after being deitvered in charge of the Commissioners of Rmigra- tion at the defendants’ whart at Hoboken, The luggage of emigrants arriving on vessels belonging to Hie Mar dee oh is anon at the et ine wharf at Hoboken aut ay euned by tue Custom Hougo goat, athe Cra Ws taken tn enatge by Uie Commissioners of migration, and then traneferred then Re Pb . nox Merl the plainui’s tan xgmined gt Hoboxen, mis Presence, by the itl House off cel, aie vked, and, with bimself, placed upon the barge Ontario, a vessel licensed by the Commissioners of Emigration, and gent to Castle Garden, The Rune esti fte: that he saw his trunk on board the barge while crossing; that he éaw it up to within a few minutes betore janding, when the crowd of passengers ex- cluded it from his vision. The following morning he resented the check which he received in Hoboken aster Castle the baggage mi at and de- manded bis trunk, which he did apt receive, He then SEPTEMBER 11, 1869.—TRIPLE SHEET. menced an action against the Commissioners of igration, and also one against e railroed company, whic! Castle Botion against the: defendant iefendante ad. malt io their answer that y agreed with plain‘if to deliver him, at the city of New York, but contend that they performed their contract by delivering him at their wharf, at Hoboken, where he was taken in by the Commissioners of Emigration, over which they have no control, but to whom they are ond baggage deliver all steerage passengers je. The Court held thatthe defendants were bound, according to the contract, to deliver the plaintift and his bageage at the city of New York and gave judg- meut for plaintig in the full amount. COURT OF GENERAL SESSIONS. Absent Juror Fined=Daring Larceny by © Boy—Alleged Highway Robbery. Before Gunning 8. Bedford, Jr., City Judge. ‘The first case tried by the jury yesterday was an indictment against Edward Quinn and Willam Robinson, who were charged with burglariously entering the furnishing store of Thomas McLaugh- lin, No, 273 Greenwich street, on the 17th of August, and stealing $300 worth of shirts. Tne evidence against Quinn was very light, and the jury not be- ing able to agree, the Ulty Judge discharged them from the further consideration of the case. Kobin- s0n, who was jointly indicted, pleaded guilty a few days ago and was ut to be seatenced, when be stoutly denied that he had ever served a term in the State Prison. Judge Bedford said that some officers informed him that Robmson was an ex-convict, and 4n order to perfectly satisfy himself upon that point ho remanded the prisoner, ‘nile the jury were out in the Quinn case the business of the court was suspended, In consequence of the absence of a number of persons. The Judge directed to fine all the absentees twenty-five dollars each, and gave notice that they would be fined every tiaie they failed to appear in court when their names wens I re lored boot k, ‘harged b; aries King, @ colo: thiack, was c a by Edward Lynch with stealing a Bold chato, valued at twenty-eight dollars. The complainant, during his examination, when asked what his business was, sald, ‘1 sell death and destruction to ail my fellow men’’—meauing that he kept three liquor shops. After lietentug to the prisoner's version of the affair In} peat believed him, and rendered a verdict of ‘not guilty.’ Wiliam Rauihen (a youth) was tried and convicted of stealing from Louisa Hehner (a little girl) a pocket- book, containing dve doilars, on the 30th of July, She was going to a@ grocery store, and the prisoner deliberately approached her, put his hand in her Pocket, avstracted the pocketbook and ran away. He was pureed by an Officer and arrested. Judge Bedford bent bump fo the Scate Prison for two years for committing such a cowardly theft, Lawrence McCoy (a youth) was placed op trial charged with robbery in the first degree, ‘Thomas Wuitaker (the complainant) testified that on the night of the 14th of August, between ten and eleven o'clock, While he was near the corner of Twenty- seventd street and Eleventi avenue, he was suddenly ee ked from behind by a min; one then caught him by the throat and another struck him on the side of the head, knocking him down. He wrestied with them and got away from the robbers a few feet, when another gne struck him i the breast an knocked iim doWh again. He was caught by the throat and by the arms, and walie thus pintohed a third man jerked nis watch and rifled his pockets, which convained ey, dolia: The gold watch and chain he valued at $140. They so tisused hin that his coat, shirt and pants were torn. Seeing that he was overpowered he begged them for God's sake to spare his life. The thieves ran away and Mr. Whitaker proceeded to his boarding house, which was near by. He reported the occurrence at the station house and gave 4 description of the parties. A few days after ofticer McConnell arrested McCoy, and when the complainant saw him he positively iden- tifled him as the young man who held him by the throat. The defence set up an alibi, which was sought to be established by the testimony of Mary McCoy, the siepmotter of the accused, who swore that on the night of the robbery the prisoner was in her own house from nine o’clock till after eleven, at waicu time he went to bed. Alexander McCoy, a brother of the prisoner, said that Lawrence was in bed at half-past ten o'clock; that he made it a rule that they both should be im the house at ten v’clock every night, because he wanted to keep his younger brother out of bad company. Counsel for the prisoner stated that there were two important ‘witnesses whom he desired to examine betore the case was given to the jary whose attendance could not be had before the adjournment of the court. As the charge was @ very serious one, Judge Bedford ad- journed toe trial til] Monday. CITY INTELLIGENCE, Tne WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours in comparison with the cor- responding oy of last year, as indicated by the ther- mometer at Hudnut’s pharmacy, HERALD Building, Broadway, ore of ADL street:— 1868, 1869, 1863, 1869, 83 3 61 8PM u 6o eP.M. 82 70 63 OPM 70 12P.M Average perature yesterday. Average temperature for corres] year.. +e ARMS FOR THE Spanish War Department in this city has completea @ contract with a prominent firm for 3,000 Reming- ton rifies, to be used against Cuba, AccipENT.—C. B. Morrison, of 26 West Twenty- Recond street, while intoxicated yesterday, fell down the basement of the Weldon House, coraer of Broad- way and Howard street, and was seriously cut. His wounds were dressed at the Central oflice and Mor- rigon left for his home. MUSIC AT THE PARK.—The Park Commissioners announce that if the weather be tine there will be music on the Mall at the Park this afternoon, com- mencing at four o'clock. An admirable programme has been prepared, and as the season is drawing to a close it Is probable there will be a very large at- tendance of patrons. Tue OLD DuTos CHURCH.—Many rumora have been circulated about the Dutch Reformed Church in Fulton street, which prove on inquiry to be without foundation. ‘The trustees have not sold the site where the old chapel stood, but are erecting on its site a building which will contain in addition to a larger chapel, several offices, and the ground floor will be used as a store. It is not contemplated to knock down the church steeple, as has en re- ported, Fruir From Ex, Dorabo.—Yesterday morning several car loads of grapes of the black Hamburg variety arrived m this city overland, via Pacific Railroad, from the vineyards of the Sacramento valley. Ten days ago the fruit was growing on the vines, and was in excellent condition when it arrived here yesterday. It is understood that these grapes can be sold at @ reduction of fifty per cent from the price usually charged for the sume variety a be market, and étill yield @ fair protit to the ew! Tis Post OFFICE AND THR PRINCE OF Erir.-— The Post ufMfice Department bas been compelled to change the time of departure of the Western mail from 6:50 to 5:20 P. M., to accommodate the Erie Railway, It was at first supposed that the change would delay the Southern mail until the next morn- ing, but arrangements have been made to make the connection. ‘The Boston mail for the West has to lie over until the next morning. City letters for the West must be deposited earlier than formerly, or they will be detained until the morning malt, BoLp Ropsery.—On Thursday afternoon as two young ladies (teachers in the North Moore street public school) were returning to their homes, be- tween the hours of three and four o'clock P. M., a negro approaching in the opposite direction, when about opposite St, John’s chapel, made a sudden movement towards them, and immediately com- menced running, When one of them fifésed her watch and chain. Both at guce shouted “Stop thief,”? and ran in pursuit, There was no officer Mm sigh one Ui; Bhd the rover got off with his Booty, by ranning down Beach street towards West Broadway where he was lost sight of, POLICE INTELLIGENDE. CavenT IN THE TotLs.—A sylph, named Mary Canfield, was charged yesterday before Judge Hogan, at the Tombs Police Court, with purloining the sum of seventy dollars from the pocket of Coles Carpen- ter, of Glenwood, L. 1, Who appeared as compiain- ant. Mr, Carpenter apparently over sixty yeara of age, and the prisouer, though claiming to be twenty-six, would passin a crowd for a forty year oid duenna, The money was taken while the par- ties were flirting in the back room of a Chatham strect saloon, Mary was committed for trial, MELROSE, THE DIAMOND OpERaTOR.—Launce F, Melrose, allas Charles F, Langiey, the diamond speculator, an accofint of whose operations has already appeared in the Heap, was yesterday morning arraigned before Justice Dodge, at Jefferson Market, by detective Moore, of the Central Office, and a complaint preferred’ against him by Ceisie Villaverde, of No. 118 West ‘Twenty-third street, charging him with stealing four diamond rings and one diamond pin, on Tuesday last, the property of his wife Amelia, valued at $1,000, He denied the charge, ay was bid Lee without bat th sf aint nation. rose Qdipits hig intensiens te re any & Co., bub Hoe bits pany Bibs hha dud he dared not do tt, ALLEGED LARCENY OF WATCHRS.—A young man named Frank Emmert was yesterday morning ar- raigned before Justice Mansfield, att © Essex Mar- ket Police Gourt, charged by Frederick Wagner, of No, 160 East Houston street, with stealing two watches, valued at thirty-five dollars, Mr. Wagner stated that yosterday evenil the prisoner and young man came into his store to see some other Warches: Mr. Wagner took gome watches out of the case and showed them to the men, when the map Suppen Deata.—Coroner Schirmer was notified yesterday of the sudden death of Bridget Deenan, thirty-one, a native of Ireland, and residing at 7 Firat avenue. An inquest will ne held to-day. FaTaL FALL FROM 4 RooF.—Coroner Schirmer will hold an inquest to-day, at No. 934 Ninth avenue, over the body of Henry Ruyer, a workman who fell from a roof up town on Thursag: ay at St. Luke’s Hospital from th Juries sustained, Found DrownED.—The body of an unknown woman, very far advanced in decomposition, was discovered yesterday on the eastern shore of Ran- dali’s Island, having been apparently several weeks im the water. Coroner Flynn was notified to hold an inquest. Tag POLICE CLUBBING Cas¥.—Coroner Flynn con- tinued his examination yesterday in the case of Ja- cob Berkie, the German, alleged to have been bru- tally clabbed oy the police. One of the witnesses testifiea that he saw Berkle soon after his arrest, and that he was periectly sober and sensible when searched and Jocked up. Favat FaLu.—Coroner Schirmer held an inquest yesterday at the Morgue over the remains of Bridget Day, aged thirty-five and a native of Ire- land, who met her death puronah injuries sustained by a fall from @ rock, in Second avenue, near Sixty- ninth street, a distance of thirty feet. A verdict of accidental death was rendered by the jury. FaTaL RAILROAD ACCIDENT.—An inquest will be held to-day by Coroner. Schirmer, at Bellevue Hos- pital, over the remains of Mary Kenney, aged three ears, of 68 Grand street, who was run over aud fatally injured on the 2d inst. by car 109, of tne Cross Town route. Death ensued yesterday. It ts under- stood that the occurrence was an accidental one. SUDDEN DEATH OF A PRISONER IN THE ToMEs.— James W. Hector was committed to the Tombs on ‘Thursday on a charge of grand larceny. He ap- ared to be in the best of health and was confined in one Of the cells for the night. Yesterday morning one of the keepers found the prisoner quite dead. Coroner Schirmer was duly notified and ordered the remains to be removed to the Morgue for post-mor- tem examination by Dr. Cushman. Tak BOLAND MALPRACTICE Case.—Drs, Shine and Morton made an examination yesterday of the per- son of Mary Boland, alleged to be suffering from the effects of malpractice, and discovered that she had given birth to a child. As the woman was pro- nounced to be out of danger, and will recover, Cor- oner Fiynn decided to take bail 1n the sum of $2,000 each for Drs, Wolforth and Vondersmith, and Charles Shay, the alleged seducer of the young wo- man, The papers have since veen sent to the Dis- trict Attorney tor action. and died yester- ¢ effects of the in- THE LACROSSE PLAYERS. Van Cott’s Savages at Jones? Wood—Three Splendid Games. Pursuant to advertisements in the press the party of Canadian Inalans of which Mr. Van Cott ts the chaperon appeared at Jones’ Wood yesterday and astonished the natives with several games of la- crosse. Two o'clock was the hour named for the commencement of the game, and the two chiefs who headed the nines promptly brought their bats together as the clock struck the time, There were about 350 to 400 persons in the wood, the majority of whom were boys, The greatest interest was mani- fested in the progress of the game—much more wild excitement, in fact, than is generally observed at base ball matches, The ball having been atarted by the rival chiefs under direction of the agent of the com- pany, @ most exciting contest ensued. Back to the low ditch which for some inscrutable purpose the proprietors of the wood keep filled with dirty water, up among the trees, round about the hollow fleid, and even among the spectators, the little ball was whirled from the netted bat of the Indians with mar- vellous force and skill, One party was dressed in White flannel shirts and red trousers, and the other in red shirts and bright blue trousers, while all wore the traditional moccasons on their feet and feathers in their caps. Running about with the fleetness of deer, dodging, whooping and leaping like beings possessed, they contrived in a few minutes to excite the spectators to the wildest enthusissm. The strug- gle for the first muing was very close and exciting ‘and lasted for upwards of two hours. Twenty dit- ferent times did the Reds carry the ball close uP to the winning flags, and just as often did the Whites send it back to the opposite side of the fleld. Finally, after a splendid contest, in which extraordinary skill was displayed, the Whites got hold of it and sent it fying between the winning posts amid the cheers of the excited spectators, hile the Indians were resting themselves for the next inning the attention of all present was directed to the movements of one of the ‘Tam- many Braves, who drove up to study the ways of his red brethren with the view of fitting himself for a chieflancy in his trive. He was so pleased and excited with the red lacrosse demo- crats that he began throwing five cent pieces in handfuls to the small boys, who crowded round him ip hundreds, ‘The second and third innings occupied but a few minutes eacii, aud were won handsomely by the whites, The Reds seemed a good deal displeased with this result and could not be dissuaded from making auother trial, which Mr. Van Cott had to allow. Thie was more stubbornly contested than the two preceding, every man puiting forth his best powers of speed and akill, but after tirteen minutes of splendid play the Whites were again the.victors. It was the subject of weneral remark that if these Indians were invited by the Park Commissioners to give an ex- hibition of their skill on the Park vali ground they would make lacrosse exceedingly popular. The space is too limited at Jones’ Wood, and the trees greatly interfere with the players. During the play yesteruay @ numoer of handvills were distributed contaiming ® Chailenge from the Sellick Company, which caused some excitement, It was stated that @ contest between the rival Indians would provably take place at an early day, In consequence of the additional inning having been p'ayed the war dance which was to conclude the day’s sport was dispensed with, but an excellent foot race by four of the Indians was substiuted for it, The spectators remained on the grounds long after the gumes were over admiring the Indians and their picturesque costumes, PREMATURE BURIAL OF SiX WORKIAER, At half-past cight o’clock yesterday morning six men, who were engaged in constructing a founda- tion in Forty-seventh street, near East nver, met with an accident by which, it is fearea, one will lose his life, While engaged in the work a large pile of bricks suddenly toppled over and buried them in the ruins. Some fellow workmen, with ail possible de- spatch, extricated them trom tneir perilous position, Andrew Weber, contractor, was 80 badly injured that he was sent to Bellevue Hospital in a critical condition. Simon Kor, of No. 342 East Forty-fifth street; Joseph Prevost, of No. 350 Ninth avenue; Pat- rick Haus, dweiling corner of Fifteenth street and avenue B, James Madden and John McElroy, dweli- ing jn Filty-tirst street, received severe injutics, ‘They were conveyed to their homes and attended by | phystclans. 1t ts believed ail will recover with tne exception of Mr. Weber. BROOKLYN § INTELLIGENT. Cost oF STREET REPArR&—Two thousand four hundred ang sevéhty-nine dollars were expended fy ihe Board of Water and Sewerage Commission in repairing the streets of this city during the month of July. The estimated aggregate cost of the item of street repairs, ludging from thia latter report, wil! amount to about $30,000 per annum. PROBABLY FaTat AOcIDENT.—Richard Keeffe, a stevedore empioyed on board the ship Colorado, lying at the toot of Main street, fell from the spar deck down to the lower hold of the vessel yesterday morning, and, strikiug his head, fractured his skull, He was taken to the hospital, where the physicians pronounced his injuries to be fatal. SERIOUSLY INJURED.—A poor woman named Bridget Gilroy, residing tn Raymond street, near Johnson, while engaged in gathering wood in a burnt building on the corner of Myrtle avenue and Raymond street, rday morning, nad her left thigh fractured by @ chimney failing om her, Sue was conveyed to the City Hospital. Tue DaLzeL. Divorce Case—THR ACCUSED HELD.—The investigation in the case of the lawyer William J. Fisher, arrested on charge of stealing the judgment roll of the Supreme Court in the case of Dalzell vs. Dalzebl, which has been in progress before Justice Walsh for some time pagt, terminated hawt uel afternoon, res} Aras in the committal of e accused to await the acil The hag in question were stolen frofn t Clerk’s office In May last by two men in the. emptor gf the latter being the counsel for Mr, Dal- if, fidgro, Ugur Jones, who made the con Plainst agaimst Fishes waived éxamination in the case pending before the same magistrate, he (Jonea) 18 accused of Yalse pearing as to his marital relations with Susan Jones, he having aworn that he had remarried her after their divorce. Jones Will wiso answer before the Grand Jury, As t bat their Rs latter is new tp Re sion It at Lheli me Meng with Ina very time. Fisher, < a County The cause of Jones’ opposition to who is an ex-police justice, 13 gard to be ow- ing to the circumstance that the latter regarded him as a dangerous witness against lum, Frank Archi- bald, an alleged accomplice in the larceny of the pa- clo’ of the fueled | in which | from the Enttted t0 Jail to he action of no araud Jury, MEETING OF THE BROOKLYN MUNICIPAL The Municipal Reform Association of Brooklyn met last evenin Phenix Hall, tm Court atreet, ex- Tadge Reynolds presiding. Mr. Pitt, chairman of the committee to nominate @ president, named Mr. Samucl Smith, ex-Mayor of Brooklyn, Mr. Smith 1s absent from tne city, but 16 is understood he will accept. ‘The nomination was approved, A resolution was offered to the effect that @ com- mittee be appointed to test the question of the con- stitutionality of the laws under which the several conan are now acting. This was finally with- De \ Colonel T. B, THORPE read a lengthy address upon the municipal afairs of the city, He. held that the citizens of Brookiyn were the worst taxed p im the world, and if these commissions were allowed to go on the little real estate which the poor man now owned would pass into the hands of ula. tors. The rate of taxation bad increased twenty per cent in six years, while the value of property had increased only five per cent The debt of the city would be panes sis eer ae $10,000,000," independent of the $3,000, for the East river bridge. The cit alarmed at the increase in ti rate of taxation, were compelled to increase the valuation of property, This increases the taxes on the ope 160,000, in the shape of State taxes, e swindle on the people was the sewerage and water commission, and he was surprised that the citizens did not rise up against it, A test case in the courts, the Colonel said, would destroy the cunstitutionality of these commissions. Mr, Lynch, @ perty holder on Bridge street, he said, tad’ proven @ case into the this, He threatened to take courts, and the Water Boara have very wisely concluded to leave himself and his pavements alone, The Brooklyn bridge scheme, he said, had already passed into the hands of Messrs, Tweed and Sweeny, the great municipal managers of the New York County Court House. Oitice-holders in the Boara, he said, are now appointed in Brooklyn for from seven to ten years, and there ts one for every hydrant, be- cause the commissions have unlimited power. ‘The result is that the people will not go to Brooklyn tolive. Lhey would sooner go out to New Jersey, where 35,000 people have gone within the last few years. Incouclusion Colonel Thorpe called on those Present to come forward and do ail in their power at all times to bring the city back to its former con- dition of economy and good government. He sub- mitted the fo.lowing tavie:— BROOKLYN EXPENSES FOR THE YEAR 1869. Brooklyn city debt, $20,000, 000—Intereat... $1,600,000 Police....++ 50,1 Education. 750,000 County tax 1,500,000 City, lighth & 1,000,009 ASSESSMENT LAID UPO CITIZENS FOR LOCAL IMPROVE Boutevard, Ninth ward Water rates. Total..... ‘PRowiseD Prospect Park.. Brooklyn Bridge. cu Police. Lamps . Schoolhouses . THE EAST RIVER BRIDGE, Meeting of the Bridge Company—Election of a Secretary and Treasurer--A Finance and Executive Committee Appointed=The Work to be Commenced Forthwith. The board of directors of the New York and East River Bridg2 Company met at three o'clock yester- day afternoon at the office of the Brooklyn Gaslight Company, in Remsen street, Brooklyn, Mr. Henry C. Marphy, president, in the chair, Mr, MURPHY said that in pursuance of the authority given him he had paid three bilis, the engineer's fees, Two were for $1,000 each, and the third to Mr. Washington Roebling for engineering, amounting to $1,500 95. Mr. Murphy said his object in calling them together was for the urpose of taking measures for the appointment of Hy executive and finance Commutiee; Bad ties of these committees were ni was necessary that something should be done to set the work in motion. ‘The engineers had been preparing these plans, which were quite extensive, and it was necessary that authority should be del to this executive by the board to begin the work, They wanted to show the people of Brooklyn that they were in earnest in the matter. Mr. J. 8. T. STRANAHAN moved that the president appoint the two coinmittees, ‘Mr. MURPHY thought he could not do 80 at once. Mr. STRANABAN said if the chairman deemed it important tnat the board should appoint these com- mittees he would move that the chair recommend the appoiutment, Mr. BENSON ee if the board had power to delegate the president to appoint the committees. ‘Mr. SPRANAGAN Bald that Le understood the chair to say that the board bad the power, The motion of Mr. Strananan empowering tho president to appoint the committecs was fually car- ried. Mr. SLocuM moved that the meeting proceed to the election of secretary by ballot. Carried. Mr. J. T. Atkinson was unanimously elected by & vote of ninetesn. A motion to elect a treasurer Was then made and prevailed, whereupon @ vole was taken, resulting in the choice of John H. Prentice. The PREsID“NT announced the following as the committees:—Finance, C, A. Sprague, Richard B. Connolly, Isaac Van Anden, Suneon B. Chittendes; Executive, Seymour L. Huisted, Hugh smith, Heni W. Slocum, James ‘I. Stranahan, Wiliam M. Tw Mr. H. C, Muaruy said that they were anxious to commence the work Uns fali. z Mr. CHITTENDEN moved that the Executive Com- mittee be authorized to proceed with the work at once. Carried, Mayor KALBFLEISCH thought it was giving the committee too much power. Before they incurred any great indebteduess they should report to the board, so that the board mignt pass upoa it, He moved that the resoluuon be reconsidered, Car nied. ‘Mr. MurPHY said they had to make a great deal of machinery, and it was dificult to restrict or hime their powers. After some further remarks Mr. GRENVILL T. JENCKS moved that tlle commitice be empowered to proceed with the work of constructing the pridge until next fall. Mayor KALBFLEISCH said he did not feel like giv- ing them such sweeping power. ‘The vote was about to be taken, when tle Mayor ‘counted noses” and found that a qnoram was not present, two of the ulrectors having left the room, ‘The Bee then adjouraed, subject to the call of the clair, THE MYSTERY OF THE C&LLS, Conclusion of the Hagaerty Homicide Case The Prisoner Convicted of Assauit and Bate tery. ‘The trial of Dennis Eagan before tie Court of Ses- sions, Judge Troy presiding, was concluded yester- day. In the argument for the defence it was held that the deceased (James Haggerty) visited the liquor saloon of the prisoner and while there was noisy and quarrelsome, wanting to fight every man in the house for $1,000, Eagan took him by the shoulder and conducted him to the door, where he left, without using any violence whatsoever. He did not see him fait. The Court then charged the ‘ary, setting forth that the delendani was indicted for the homiciae of James Haggerty, the death of whom he is alleged to have caused by violence on the 12th day of April viction of evidence produced that the defendant assaulted the deceased unjustilably, and such violence was the sole and only “cause of the lajury which resulted in the death of deceased. ‘The Ju then saidj— Hence, although you may na ‘rom ‘tte testimony that the defendant did aut Amc injure ‘the decéased how spvout, leavers if you should also tind that Such iajury merely con~ tributed to his death, in conseguence of the injuries. subsequently inflicted by another or othera, which subsequent Injuries were not inflicted m the pres- ence of the prisoner, or by bis direction or concur rence, the prisoner cannot be held legally Have ior the destruction of life Rigen ag eed he jes. ‘The indictment charges that th. \< oan oy bis own sole, separate and indivis ial a caused the injury which produced the death of the deceased, aud unless you find that the indlefment os true in thia respect tle prisoner must be acqnitied, But if you find that the prisoner unjastifiably auited and injured the deceased, or that prisoner coinmitted an assault upon the deceased, which assault was lawfal in ite igin, by reason of suMiciont legal justifica- fom bat Yollowed up such assault by the exercise of more force than was reasonably necessary toaccomplisi a lawful act, and en lypeerg force injured the deceased, and that the injui ing u eliher event was the sole cause of the death, you Wiilfind the prisoner guilty of mansiaugiter ia ihe fourth degree, for this 1s the offence of the pris- ones, if any Ofence whatever has been committed by him, wuless indeed you should believe that while the deceased was this unlawfully tnyured by the: risoner aygh in, oH! Was not tne sole cause of death, in Wich cde tie prigoner inay be convicted of au assault and battery merely, The however, must be detcrimted from, the testimony, and you are not at linerty to look at, and cau not without @ perversion of your functions and & violation of your solemn oath, consider Pee else, in making up a verdict to this chat, Al fie viewing the tesumony at considerable len; given to the jury, Who retired to del! ‘The jury returned a verdict, after & briet tion, of assault and battery and the py remanded for senteace. asthe du- — it