The New York Herald Newspaper, October 5, 1869, Page 7

VIRGINIA LEGISLATURE. TELEGRAPIIG NEWS | ™ FROM Assembling of the Members—Tho Iron- ALL PARTS OF THE WORLD | (lad Oath—The Wells Members De- =| nouncing the Programme—Caucus« Spain Refuses Foreign Mediation tn me Oe ae. ere the Cuban Question. WASHINGTON, Oct. 4, 1869, The following has been received from Rich- mond:— About one hundred members of the Legislature, which convenes to-morrow under the proclamation of General Canby, have arrived. By instruction of the General, members have tocall on Brevet Lieu: tenant Colonel Mallory, the Acting Ssecre- tary of state, for their certificates of elec. tion, and be qualified, In the performance (General Sickles Withdraws the Ameri- can Mediatory Tender. father Hyacinthe in Danger of Excommunication. of this ceremony @ most singular proceeding was enacted, The military Secretary of State has a list of the members elect, opposite some of whose names SPAIN. 1a. mark, and to these he refusea to issue certifi. cates, in all about twenty, because of some allegea The Counter Revolutionary War—Another | ineligibility under the fourteenth amenament, which ;Battle and Defeat of the In mte=Fore | the member must explain to General Canby eigu Mediation in the Cuba Case Rofused— | before receiving the official document of General Sickles Mediatory Tender With | election. Besides this the officer has on his table four printed oaths maked respectively A, B, Cand D, all of which the member can take tf he thinks proper. The oath A declares the afflant will support the constitution of Virginia, the constitution of the United States, and that he is not opposed to The oaths @rawn, et hes Lonpow, Oot. 4—P. M, ‘There has been an interruption of the telegraphic communication between England and Spain during to-day, which fs attributable in part to a storm ‘which has prevailed on the coasts, but tn the main the Jaws of Virginia against duelling, €o the cutting of the telegraph wires communicating and comain a in ay rec nizing in “with the various ports of Spain by the inaurrection- | Addition the civil and political equality of all men before the law, and containing a declaration of rena of Virginia. The last oath, D, ts the veritable lron-clad Itself, which the Attorney General decided was not to be required. ‘Ten of the radict took this latter oath, but the Walker members. even those who could, invariably declined. ‘The object of General Canby in presenting the iron-clad oath to be taken voluntarily is surmised to be in accord- ance with & radical programme to defeat the ad- mission ofthe State, ‘Ihe report that he will require the officers of the Legislature to take it is strength- ened by to-day’s proceedings. Both parties held caucuses to-night—the eonserv- atives at the Exchange and the radicais in the House of Delegates at the Capitol building. The radical Ary forces operating at certain points toward from ‘Pho shore line in that country. ‘The latest advices to hand previously report that battle had taken place at Espera Guerra between ‘he government troops under General Palactos and ®@ republican force mustering 1,100 strong, Tne Fevolutionists were dispersed and compelled to Fetreat to the mountains, after an obstinate realst- Bnce, during which they lost forty men killed and sixty wounded, ana had twenty-three of their num- ber made prisoners. The government troops lost twenty men killed and thirty-eight wounded. aenberaet te tie he ties rs irty, I" dressed 18 jon. Charles The American-Cuban diplomatte diMculty 1s re- | porter, radical Congressman elect from the Garded as terminated. Tie Spanish government {| Third district, who strongly opposed the meeting of the Legislature under the present programe, and argued that the body was not # lee) one and was witnout authority to trans- act business. A protest was drawn up declaring that unless the test oath requirement was complied with the acest had no power to act, denounc- ing the opinion of Attorney General Hoar as illegal, refuses all offers of foreign mediation in the case, Maintaining the position tiat the condition of affairs 3n Cuba is a domestic question entirely. Major General Sickles has, consequently, trans- Mitted to the Madrid Cabinet an official note formally withdrawing tho tender of a friendly me- | sustaining General Canby’s construction — ot tion bt! . | the law and advising an appeal to Con- Gia yy the government of the United States be gress on behalf of the republicans of the tween the Spaniards and the island revolutionists. State, This was referred to a comuittee, with in- structions to report to-morrow. ‘The members then went into caucus of Senate and House separately, for the purpose ef nomiaating officers, The radical pian to defeat the admission of the State Is about being developed. After a short discussion the con- servative caucus of the House adjourned until to-morrow without nominations of oficers. The caucus of the conservative Senators 1s still in ses- ston for that purpose. ‘The greatest interest 1s mant- fested by conservative members, who seem to be po baneaee anxious for the early restoration of the State. ‘The indications menxber Of the sock Cortes in Session—Martial Law—Legislative Dissousions—Uuba to be Held. i MADRID, Oct. 4, 1869, ‘The Conatituent Cortes reassembled yesterday and Fesume its session, The government to-day introduced a bill to sus- Pend the rights of individuals until the insurrection 4n the South ts suppressed. The rebellious movement of the republicans will have the immediate effect of suspending the con- Blitutional guarantees and of investing the govern- ment with the extended powers necessary for the Suppression of the insurrection. It 13 probable that if tne pili demanded by the Povernment is passed the repitplican deputies will ‘withdraw from the Cortes, It 1s asserted that the United States government thas renounced all ideas of intervening in the case of Ouda. Brench Roports of Radical Progres: or Democracy. PaRIs, Oct, 4, 1860, All the reports which have been received here of the progress of the republican movement tn Spain areconfirmed. The town of Reus, nine miles from Tarragona, has declared for liberty. It ts said that the ex-King Ferdinand, of Portugal, thas by this time accepted the Spantah crown; but if this combination does nov succeca Witnid eigaraays Spain will be a republic. ENGLAND. A Disabled Agitator at Bay. Lonpon, Oct. 4, 1809. Some time since a person was admitted to the King’s College Hospital in this city, having met with aserious accident, He has since been identi- ed as cither Kelly or Deary, one of tho Fenian re that John B. Crenshaw, a of Friends, will be elected Speaker of the House. The only new name pre- seuted in political circles for the Senatorship 19 Douglass Wallach, of Washington, who is now in ts city. Much excitement was created in political circles to-day by an crroneous report that Horace Greeley, whose name has been mentioned tn con- wees with the Senatorship, had arrived in this city. : Of the members who applied for certificates of election Genera! Canby has refused twenty-seven, on the ground that they were charged with being ineligibic under the fifteenth amendment, Niue of them afterwards received them upon making a‘li- davit that they were not 60 disqualiticd, MARYLAND. A Throne Important Suit Against Natlonal Banke—Libel Suit. BALTIMORE, Oct. 4, 1869, A case of considerable interest ls being argued at prosent in the United States Circuit Court for the AUN UE MEL zIMAy Serene we RS equity, The case grows out of the dealings of Bayne &Co,, @ prominent banking house in this city a short time since, with three of the national banks of this city, viz, the National Mechanics’ Bank, the National Unton Bank and the National Exchange Bank. These banks loaned Bayne & Co, upon col- lateral securities, stocks, &c., much larger amounts han is allowed by the banking act (section 29) to be loaned to any one individual or firm. Joseph B, Stewart, formeriy of Washington, who is a cred. tor of Bayne & Co,, filed several bills, alleging that prisoners rescued trom the custody of the police at |} eo Set ne eres Cad rs | Manchester somo time ago. Adivision of armed | the National Banking act to be loaned to Police now guard the hospital to prevent another | any one firm, = are void, and the bani erefore, have no right to retain the securitt aiteh are valued at bout 3300,000), but that the game belong to himself and other creditors of Bayne & Co., and prays that the said securities may be transferred by the banks to a reeatver for the benedt of the creditors of Bayne & Co. ‘The banks allege that they made the loan in good faith, and that under @ sound constraction of the Banking act the loans are not void, and their title to the coliaterals 1s good. The banks demurred to the bills of Stewart, and itis the demurrer that 1s now being argued. The principal question at irsue 1s whether a loan to any person or firm by a national bank of more thau one-tenth part or its capital, actually paid in, is void, For the banks, Reverdy Johnson, J. Nevitt Steele and T. B. Horwitz. For complainants, J.B. Stewart, A.B, Magruger and ‘ohn 8, Hanav. : In the Superior Court of the city of Baltimore rescue. The pationt, however, is not likely to sur- vive bis injurt FRANCE. Napoleon on the Turf—Pere Hyacinthe in Danger—City Elections. Panis, Oct. 4, 1860, ‘The Emperor attended the races at the Bots de Boulogne yesterday. Pére Hyacinthe ts menaced with a sentence of Major excommunication. Tho supplementary elections for members of the Corps Légisiatif from Paris take place on the 7th (Judge Dobbin) a itbel sutt against the proprietors of the Amevicun 18 on trial, the plaintiff being a former newsboy on the railroad between Baltimore and ‘Washington, who lays his damages at $10,000, RHODE ISLAND. ot November. ITALY. Freedom of Conscience and a Free Church, FLORENCE, Oct. 4, 1369, + The government offers no opposition to the attend- @mce of the Italian bishops at the Ecumenical Counc, Suffocated in a Well—Fatal Railroad Accte dent. PROVIDENCE, Oct. 4, 1869, On Sunday afternoon, at one o'clock, James Live- sey entered an incompicte well in Woonsocket to strengthen the curbing, which showed signs of weak- ness, On starting to come out he had been raised but a few feet when the curbing gave way and he was buried ata depth of twenty-six feet. He was preearved from Instant death by a etiield of planking and his voice could be heard asking that his rescue be hastened. Digging commenced at once, trst under the direction of @ railroad contractor and afterwards of the Town Council. The work was kept up continaou and the body was reached after twenty-six hours’ digging. He had probably died of suffocation, and been dead twelve or fourteen hours, Joha Conneil was killed at Albion this afternoon while coupling cars on the Providence and Worces- ter Railroad, EUROPEAN MARKETS. LONDON MoNRY Manxet.—LONvdON, Oct, 4—4:50 P, M.—Consols closed at 93'4 for money and the account. United States bonds, 1562, 84'4; 1866, 83)4; 1867, $38; ten-forties, Stocks steady, Erle Railway, 24; Illinois Central, 04%, PARI BOURSE.—Panis, Oct. -TheyBourse openea quiet at half-past three o’cloc! Rences, FRANKFORT BOURSP.—FRANKPOR?, © States bonds Hav; five-twenties of the 8734 BETH. 4 Sanroor. COTTON MARKET.—LIVERTOOL, Oct. 4— 4:30 P. M.—The cotton market closed firm at an advance, Middiing uplands, 12'd. a 12%4d,; mide dling Orleans, 12344. a@123sd, The sales of the day foot up 10,000 bales, of which amount 5,000 bales were taken for export and speculation. HAVRE COTTON MARKET.—HavReg, Oot, 4.—Cotton opened quict and closed quiet and steady, for both on spot and afloat. LIVERPOOL PRODUCE MARKET.—LIVERPOOL, Oct, 4—4 P, M.—Common rosin closed at 68, 3d. LONDON MARKET,—LONDON, Oot, 4.—Linseed ol}, £50 18, per ton, PRIOLECM MARKET.—ANTWERP, Oct, 4.—Petror leum firm; standard white, 66%f. patelateha deat arise ‘THE WOODLAWN RACES. LOvISVILLB, Oot, 4, 1869. ‘The fali mecting over the Woodlawn Course com FLORID The Alabama Expedition at Fernandina= More Recruits from Georgin. SAVANNAH, Ga., Oct. 4, 1869, Tho Morning News has reports from Florida of the arrival of the steamship Alabama at Fernan- Gina, on Friday night, from New York with 400 men, including oficers, for the Cuban exped!- tion now rendezvousing on the Guif coast. The men ‘Geant Ravenna put aboard the cars and sent to dar Keys, where steamers await them. Two nun- red men arrived at Baldwin, Florida, from Savan- BE. on Saturday night, supposed to be a portion of @ Command now organizing in Middle Georgia. KENTUCKY. The Louisville Commercial Convention. LOUISVILLE, Oct, 4, 1869, Governor Chamberlain, of Maine, has appointed a fall delegation to the Louisville Commercial Conven- Sion, The Governor of Penneyivania has appointed fall delegation. The eatpe hh | additional railroads ‘ill pass back members:—Camden and ie New lersey Central, Pennsylvania Central, Littie Miami, lolphia and Trenton, New York and Philadel- and Erte roads. The Pittsburg, Cincinnati and for the round t jar fare, The indications or. ¢—United issue of 1962, te PENNSYLVANIA, a Riot in Philadelphia, PHILADELPHIA, Oct, 4, 1869, During the firemen’s procession on Saturday Aight andthe reception of the William Woolley Ho: @ompany the Shimer Hose Company was assaulted ith pistols and bricks. Charles Fitzmeyer received wo balls in his shoulder from a pistol fred b; map, Who, with othera of the forct ing the rioters, pasate —o menced to-day, The weather was cloudy and tbe track tn fair condition. NEW YORK. ‘The first race—the Galt House Stakes—for three- Roath fifty dollars, the Firo at Saratoga, as follows:— Sanatoaa, Oot, 4, 1969, « 4 2 A fire broke ont at midnight last nigh: in a bulld- | wW! snfora’s b,c. Versatiles.... ites 2 8 ing ocoupied by Jenner & Co., druggists; Gibbs My og eas \ yon oes Douglass apts s Ky . ¢. Louls' a . Bon, flour dealers; Cave & Peters, lawyers; J. Koy nranen ch, © joo aiken » oat Patnam, lawyer; F. Hoag, lawyer; R. M. Hemming: insurance agent, and W. Barrett, Justice of the Fouts. ‘The building and most of its contents were Time, 8:44, sett ig r The second race, for the Green Stakes, mile hoats, sor three year olds that never showed in public pro- . The building was owned by G. W. Com- | vious to August 1, entrance $20, the pool seller rione Tose ie #44300. THe. 1M to add $200, i bat . Jenner & Co, 1080, Nad Buford’s ch. f, tpg Wid 1 1 ured . They lost al 1s fe x Site On es igen tn 4 were, Mf co 8 dist. lawyors lose nearly al vas 1. . 4834. poued aa the work of an incon: | Richard's Miy was the favorite In the pyol, sell: f. ppc am ing foy the two Neate by two toone, NEW YORK HERALD, TUESDAY, THE PRIVATEER HORNET. Her Arrival and Seizure at Wilmington, N, C. Decision of the Cabinet in Her Case. She is Allowed Twenty-four Hours in the Port. The Hornet Flying Cuban Colors=She Puts into Wilmington, N. Harbor for Boats Her Seizure by Government Authorities. WILMINGTON, Deo, 4, 1860, The privateer Hornet, ailas Cuba, appeared off Smithville on Saturday evening fying the Cuban colors, It has been definitely ascertained that she has 200 men ana thirty officers on board. The majority of the latter are ex: Confederates. She anchored tnside the bar and sent Ler engincer and purser to this city to secure & supply of coal, that taken on board off New York not being adapted to quick movements. Suspicions belng @oon aroused, the officers, after engaging a supply of coal, returned to their vessel without making arrangements to get the coal aboard, They ieft this Olty last night about twelve o'clock for Smithville, thirty-five miles below, ina small rowboat. Col- lector Rumley chartered the steamtug Alpha this morning at four o'clock, and, having placed tn the hands of a deputy United States Marshal a warrant ts- aued by a United States Commisioner, placed him on board with a part of the Customs’ force, with orders to detain the privateer until further orders. Colonel Frank, commanding the United States troops at Port Smithville, was expected to co-operate with the Deputy Marsnal if necessary. The officera who vis- ited the city were very bold and confident, tnsisting that there ts no process by which the privateer can be legally detained. ‘The privateer was finally seized by the Deputy United States Marshal, at Smithvilic, at twelve M, to-day, and brought up and anchored a halr a mile below the ctty this evening. A number of her oft- cers are now tn the city, and are positive that there ig no pretext under which she can be detained by the authorities any longer than necessaay to have an investigation into her armament and crew. The Cuba is a formidable veasel and ts repre- sented as having great speed, She is short of coal and provisions now, and her machinery ts consid- erably deranged, The following ts a complete lst of her officers:— Commodore, Edward Higgins; Commander, Thomas L. Dorwin; Lieutenant Commander, David A. Telfair; Navigating OMcer and Lieutenant, 0, H. Read; Lieutenant, Dr. Fred, J. McNulty; Sur geon, Eugene Valiente; Paymaster, Prentiss Ingram; Captain of Marines and private Secretary to the Commodore, Dr, E, W. Dubois, assistant surgeon; D. D. Munro, first lieu- tenant of marines; Nicholas Esling, master; R. Som- mers, Henry 8. Cooke, A. M. Mason, R. H, Gibson, William D. Phillips, ensigns; Antonio Muner, Louis French, midshipmen; Robert Graham, chief engi- neer; John Lynch, Willlam H. Robinson, James Dennison, first assistant engineers; Stephen Kearny, Joaquim Aquiar, Edward Torallas, second assistant engineers; John Mulley, paymaster’s clerk; W. J. Faherty, master's mate. The Case of the Hornet Before the Cabinet— Her Seizure at Wilmington Disapproved— Right of Privateers to Visit Neutral Ports Recognized. WASHINGTON, Oct. 4, 1869. Information wqs recetved here to-day by the gov- ernment that the Cuban privateer Hornet, or Qeh’,, VatouR We cl YP wROtkC Af ull MaRetom had been detained by the United States authorities at that point, The United States Mar- shal telegraphed this morning the above facts and asked for instractions. The President sent for the Secretary of the Navy, Secretary Fish and Attorney General Hoar, and a@ consultation ensued. It was shown that a@ privateer— which the Cuba is conceded to be—could come into the port of any nation under stress of weather, and remained twenty-four hours without molestation or detention. Beyond this it is not thought that tue'Cuba could remain in an Amer- ican port without laying the government open to the charge of harboring a privateer fitted out with the avowed purpose of preying on the commerce of a nation with which the United States is at peace. It is understood that a telegram was sent to the United States Marshal for North Carolina inquiring how long the Cuba had been in port, and other facts and circumstances connected with the case. Upto @ late hour this evening no reply bad bdecn received. It is thought here that the Cuba did not remain over the prescribed time and has got to sea again, If it should turn out that the Cuba was ready to depart within twenty-four hours after she came into port, but was prevented from so doing by the United States Marshal, of course she will be released, tho fault not being her cap- tain’s, but that of the Marshal, CONNECTICUT, The Town Elections@The Entire Democratic Ticket Elected in Hartford, HaRtrorp, Oct. 4, 1869, The telegraph wires are down in nearly ail direc tions and little news of town elections can be ob- tained. In this city the democrats elect their entire ticket for town officers i? 600 to 700—about their usndl majority on a very light vote. the Citizens’ Ticket in New Haven, New Haven, Oct. 4, 1809, The town election here to-day resulted in a partial success of the citizens’ and taxpayers’ ticket. Of the seven Selectmen but two on the democratic ticket were elected. The Town Clerk, Treasurer and Collector are democrats, FUNERAL OF THE LATE ISAAC Y, FOWLER, ‘The funeral ceremonies of the late Isaac V. Fowler, ex-Postmaster of New York city, occurred at the residence of his mother, Mrs. Aun R. Fowler, 172 Liverty street, Newburg, yesterday afternoon, and were largely attended by prominent citizens of New- burg and New York. ‘The remains arrived at New- burg from Chicago on Saturday last, and were tem- porarily placed m the recelving vault of St. George's Cemetery. The body was contained in a neat rose wood casket, on which was a silver plate bearing the name and age of the deceased. The funeral services \ook place at two o'clock, and were conducted by Rev. WG. H. Mandeville, pastor of the American Reformed Church, of which the re tives of the deceased are members, After the read- ing of the service from the ritual of that church, a pymoriaes remarks were made by Rev. Dr, Forsyth, of Newburg. He raid that it was not bis custom on occasions like this to eulogize the dead, but hay- ing known the deceased from boyhood he could cheerfully testify to his excellent qualities of mind and heart which made him hosts of friends wherever he went. He wason his bin bome to enter upon a career Which promised much for usefuiness In the world, and when comparatively near his native place ‘the hand of disease bad stricken him down. At the very time when friends were anxiously expecting him his soul was preparing to throw aside ite vestinent of clay and enter the eternal world Remarks were also made by Rey. @. H. Mandeville, ‘who sought to impress upon the minds of the mourn- Ing friends the necessity of ‘casting their burden on the Lord” in this their hour of sadness and afiic- tion. He made, however, no direct allusions to the deceased. The following named gentlemen Were the pall- bearers;—Eugene Casserly, George W. Parsons, Hiram Cranston, William B. Hartley, William Cauld. well, of New York city, and Stephon Baker, of Poughkeepsie. The re were interred in the family Jot in the old Revolutionary burying ground in Liberty street, Death of an Octogenarian Hero. On the 3d inst, there died in Freeport, L. 1, Mr. Raynor R, SairH, 9 gentieman well Known in the community, aged eighty-seven years. He was cap. tain of ine tant crew who on the 2d of January, 1867, rescued oight of the passengers of the ill-fate: bark Mexico, fie cold and wind rendered it impos- 8 to afford farther succor, aud 100 persons were drowned, and now lle in a common grave in Rock: ville Oentre. For his gallant conduct Qu the occsston Mr, Smith was presented with a ailver cup and an address. He waa beloved by the entire community, ‘who now morn Bis loss « Election of AMUSEMENTS. Firta Avenue THearre.—A Shakapearian revi- Val hag so often been the synonym of disappoint- ment that the brilliant and appreciative audience which yesterday evening filled Mr. Daly's elegant Uttie theatre were equally surprised and delightea at the very successiul reproduction of “Tweilfin Night; or, What You Will.” This charming comedy, which $0 exquisitely blonds Italian delicacy of fancy with English warmth of sonal and wealth of humor, and which abounds in happy situa tions and ingenious combinations, has wot before been represented in New York during & period of twelve years. It aaded, therefore, the charm of novelty to the attractions of aumir- abiec scenery and agreeable music and the acting of ab excellent stock company, and last—by no meang Weast—the interest excited by the reappearance of Mrs. Scott-Siddons on the American stage. ‘Tiils fe comedienne was heartily welcomed, and this me there can be no reason to complain that sho waa pot ee Pes supported, The following was the ,cast:—Viola, Mrs. Scowt-Siddona; the Lady Olivia, Miss Agnes Ethel; her maid, Maria, Miss Fanny Davenport; ladies in attendance on the Lady Olivia, Missea Ames, Rowland and Lar- rett; Orsino, the Duke of Illyria, Mr. D. H. Harkins; Lord Valentine, Mr, George Jordan, Jr.; Lora Ourto, Mr, H. Stewart; Sir Toby Belch, uncle to the Lady Olivia, Mr. W. Davidge; Sir Anditw Aguecheek, Mr. J.B. Polk; Malvolio, steward to Ulivia, Mr. George Clarke; Olivia's Clown, Mr. James Lewis; Fabian, Mr. F, Chapman; Antonio, a sea captain, friend to Sebastina, Mr. H. Ryner; Sebastina, a young gen- Ueman, brother to Vioia, Mr, F, Egbert; the friar, Mr, Pierce; Roberto, Mr. J. M. Cooke; the Justice, Mr. H, Beckman, Mrs, Scott-Siddons could scarcely have chosen @ more favorable réie for the exhibition of her best quaiities than that of Viola, who belongs pre-eminently to the romantic class of Shakspeare’s incomparable heroines, This is a clasa of “women of remarkable natures, brought into striking notice by remarkable #ituauons,” Viola, Olivia, Rosalind, are notable exampies of it. Each has a fanciful temperament. Viola has given her heart to her fancy. She has eariy been made acquainted with danger. Her lot, yet tn vision- ary girlhood, was cast among strange faces and strange scenes. She loves a prince, of whom she has only heard, ‘This,’ as an able Shakspearian critic has remarked £48 not out of nature.” La Valliére loved thus Louis XIV. But, unlike La Valliere, Viola never told her love, and, although she seeks the presence of the Prince, she keeps her own person in disguise. Mrs. Scott-Siddons succeeded admirably in representing “the great maidenly innocence with as muck of *maidenly romance” as composes the character of Viola, But we cannot now fully analyze her impersonation of this dainty character, And we can only add a word in Praise of Miss Agnes Ethel as the stately Olivi Whose love waits not on her will, “who cannot love achivalrous duke, but uncrowns her heart and gives it to a skipping boy;’ of Miss Fanny Davea- port, as her maid Maria; of Mr. Lewis, as Olivia's clown; of Mr. Polk, as Sir Andrew Aguecheek; of Mr. Clarke, aa Malvolio, and particularly of Mr. Davidge, as Sir Toby Belch, GRand OPERA Hovse.—The sensation at this theatre last night was the reproduction of “The Tempest.’? A well filed house rewarded the man- agement for the revival, In tho distribution of characters, as compared with the former cast, there igamarked difference, and certainly so far as the actors are concerned the change is ‘not for the bet- ter, With the exception of Mr. Charles Wheatietgh, who ts really good tn the part of Caliban, the com- pany is only middling. The Ariel of Miss Lisa Weber was a fine effort—graceful, spr.ghuly and winning in her acting, She entered fully into the spirit of the part, and her playing was a grateful surprise to the many who have only seco her in burlesque. Her singing through the piece was excellent, and in the duet with Miss Clara Fisher, of “I know @ bauk,’? both ladies received a hearty encore, Miss Annie Deland, as Miranda, was an improvement on her predecessor in the same rdle, The dancing was led by Rita Bangali. Dancing— Just imaginé the cancan tn the “£empest.” Shades of Shakspeare! Who could have thought that the Prince of Erte would have introdaced Ofeabach's can- OCTOBER 5, 1869.-TRIPLE SHEET, can, which he purchased from Bateman, into Shak- speare’s “Tempest.” ‘This is the latest eensation of the great financier. The scenery of the “Tempest” is superb, several of the scenes perlect gems, and their merits were duly acknowledged by the audt- tors. The piece went oi slowly last night, as the actors were new in their roves; but with a little prac- tice the time of acting will be reduced, and the pine will be brought to a close at a reasouably early jour. TAMMANY HALL.—The great attraction at this favorite place of amusement last night was the “Grand Assault at Arms’! between Jem Mace, the English champion, and his cousin, Leopold Mace, The house was crowded in every part, with a most pleasing sprinkling of the fair sex, who enjoyed not only the preliminary bill of NAG eek “aewer Pu nwney wee ve tie— vieeeeee with iresh and unappeased appetite for the choice morceau of the evening. ig was the double Mace encovnter, in which the champion and his cousin acquitted themselves with great éclat, excit- ing rapturous applause from a somewhat critical audience, if the presence of @ host of well known sporting characters deserves that distinction, The interchanges of ‘gloved’? civilities between these friendly contestants were so rapid that it was only when #6 compliment directed with more than usual telling effect elicited the cheers and applanse of the critics that the ordinary observer had time to take note of what bad occurred. Then a brief breathing spell was indulged in, and the “assault at arms” was renewed with a fresh exhibition of the highest art in spar- ring. From the success of the speculation last evening and the general desire that prevaila to see the most scientific posi in the world illustrate the best points of the “manly art of self-defence,” the management of the Tammany Amusement Hall have a big thing in Mace and h a cousin Leopold. NINETEENTH WARD CITIZENS’ ASSOCIATION, Demand for Increased Facilities of Travel to Up Town Districts. A meeting of this association was held last night at 1,000 Third avenue, the president, Mr. John Foley, tn the chair; Hengy H. Morange, secretary. The association at present consists of about 1,500 members, 300 of whom were clected last night. ‘The objects of the association are set fori the following petition to Mayor Hall, which is to be presented on Thursday next, a cotamittee of 100 been appointed to wait on the Mayor:— jonor A. OAKEY Hatt, Mayor of the city of New York :— The undersigned, citizena of the Nineteenth ward and mompbers of {he above named asgociation, complain of the Great want of stage and railroad fnctiities’ between Yorkvilla And the lower part of this city. From Seventy-thira atreet { takes over one hour to reach the City while the rest- dents of New Jersey, Long Island or Westchester county, twenty-five miles distant, can reach the agie point in less time, and that, too, comfortably seated fn well ventilated ears. hile we pay, heavy taxes and assessments wo are not willing to "hang" by straps in the fi ind aventie cars, We cannot longer submit to this oi and neglect on the part of our local oftcials. Believing that you, sir, have the power, wo ask you to extend wome relfef, either by creating new stage rontes or changing old ones, or gompelling the Madison avenue and Fifth avenue stage {ines to e¢iénd their routes to Kighty-sixth atrect, the Harlem Railroad Company t nient paints between Harlem and Fort, ty oF to run dummy englaes trom Harlem to Fourteenth street In fit- teen minutes, and to force the same company to complete their horse railroad ou Madison avenue forthwith, as t possess the franch: We are forced to ad that the time has now arr something must be dove, nud the undersigned are d pledge ourselves notto vote for any Mayor, Alderu af Alderman, Senator or Assembiyman who wii in obtaining the relief we aek of you. NEw Youk, September, 1869, ‘This petition has already 1,000 signers, Yne foliowing communication from the Ninety- second Street Ferry Company was recerved:— Asronta, L, 1, Oct. 4, 1869 Dran Sin—The management of the Astoria Ferry w pany baving an interest in common with the citizens of York in the eetablishment of a proper means of conveyance veto and from the ferry landin; the root of ly to suge nd street, begs leave hereby re eting of the Citize ave subjec the propriety of adopting the said ferry landing as the termi: 8 of the Mage oF ent lines proposed, Tn that event this com be happy to co-operate with the people of Yorkville in_ the Tmovement towards this most destrable end. Your jent servant, A. W. WINANS, President, The meeting adjourned to meet next Tuesday night. THE TOWLE STABBING AFFAIN, pag Ante-Mortem Statement, Coroner Keenan yesterday took the ante-mortem matement of Robert J. Towle, of 641 East Eleventh street, now lying in Bellevue Hospital, from the effects of a stab wound, received at the hands, {tis alleged, of Thomas pire on Saturday evening, 8 heretofore printed in the HBRALD. Towle says thatat abou ven o'clock on Satur- day evening I was going to Ki "es tailor shop, in + opposite No. 600 avenue B; when I reached ai East Eleventh street aman came out and asked if word led to nied one at to Sa 1 to ght; nother, « When I took off © slipped and the man fell upon me; another man, think named Murphy, isted the first man to beat me; I t for my brothers, When they came to my assistance; I then sent for some of my friends they came with me where the fret named man w: I stepped up to this mao and hit him, when he instantlyjstabbed me; there were several around who saw the stabbing; the man who étabbed me was about thirty-five or forty years old and had dark whiskers, running under the chin; I baye seen the same man Bptping hefoce Dr. James 0, Pinary, house surgeon of Bellevue Hospital, deposed that Towle wae pieces under his care at halfpast ten o'clock on Saturday event sul mM @ stad wound of the abdom in i pinion the wound lé ea Xceed: of the person 0) the doctor's 0} ously Wounded by a stab al tho whose name 1s tnknown, on the 2d day of sep- tem! agora alleged to have used tho knife \ ey prison, awaiting rho result of on Towle, ts sttil in {ho ipiuries infigiad. i d | demanded by the managers, | Rapley, of the National theatre, are determined WASHINGTON. Ae Demand of the Pennsylvanta Republi- cans for Help. BOUTWELL VISITS THEM. Pe aos Ben Butler Favoring the Recogni- tion of the Cubans. THE NEGRO THEATRICAL IMBROGLIO, WASHINGTON, Oct, 4, 1869, Bon Batler’s Opinion of Cuban Beiligerency. Bea Butior ts diaguated with the conduct of the government on the Uuban question, He saya it has pursued a trifling policy towaids Cuba unworthy of ® great goverument. [t should, he says, elther have granted belligerent rights to the Cubans long ago or else have said to them :—"Now go away; we don’t intend to have anythiny 10 do with you. You can work out your own salvation.” Butier him. self ie evidently in favor of the Cubans He does not appear to have any of that dread of Spain or of Spanish privateers which pre- vails in some quarterd. Nor is he troubled about what Great Britain would say {n case our govern- ment recognized the Cubans aa beiligerents, or how it would affect the Alabama claims, The Contest in PennsylvaniamAnother At. tempt to Secure a Visit from the President— Boutwell Going to Geary’s A tance, The Repubitoan State Central Committee of Penn. sylvanta ts making a vigorous effort to get the Prest- dent to visit Pennsylvania this week, Whether the President is averse to going, or whether the pressure of public business will not per- mit his absence ts not known, but thus far the committee has been unsuccessful, though it {3 understood more than one appeal has been made since John Covode was here, a week ago. All the mombers of the Cabinet, as well ag the bureau oficers of the departments, who can deliver speeches, have been jnyited to come over and help Geary, Secretary Boutwel! loft for Philadelphia to-day, where, it ts said, he will Speak for Geary and at the same time embrace the opportunity to make an claborate defence of the financlal policy of the administration, It 1s under- stood that he will explain his interference with the recent gold panic in Wall street, and de- fend himself from the criticisms that have appeared against him in the pubitec press, A. M. Clapp, the Congressional printer, alsc left for the campaign in Pennsylvyanta to-day, and other republicans in the government service will follow. It is hardly probable, however, that any Cabinet oficer will par- ticipate except Boutwell, and itis not thought th President can be prevailed upon to visit Pennsyl- vania at this time. The Adjourned Seaston of the Supreme Court. — ee ee fn the ease of Schureman, convicted of purtotning t United (States national currency from the Untied States Treasury Department. Judge Fisher reserved his decision. ' Increased Wevenue Receipts in Virginia, Commiastoner Delano has received a letter from Supervisor Presb. TY, of Virginta, announcing thas the collections on manufactured tobacco in that State from March to $ eptember, 1863, were $280,247; and between the sam @ months of the present year they amounted co $1, 840,018, belng an increase of this year over last of ¢.1590,430, The amount of manufactured tobacco ship, ‘@4 out of the State in bond @uring the six months o t 1868, above referred to, was 7,400,875 pounds, and , "2 the corresponding period of the present year . '492,866 pounds, or 2,091,001 pounde in excess of the shipments of last year. A very larga proportion OF the tobacco shipped In bond to Nortuern cities to ‘ export through: bonded warehonsea'is thare withdraw "2 and the tax paid, The revenue from tobacco in she State for one year, from March 14, 1989, it tg es. ‘mated, will be six times as large ag that of tho prey. ‘0s year. Internal Revenue Agpointme: 4+ Samuel Brown, Jr., bas beam appointe.’ assessor for the Fourth district of Tennessee. A COWPLICATED STOCK TRANSACTION, Court of Appeals. Before Chief Jadge Hunt and a fall bench, Charles G. Miller, Appellant, v9. Daniel W. ToHBine- son, Respondent.—This 1s an appeal from a judge ment entered on the decision of ¢he Superior Court of Buffalo at General Yerm. ‘The actiom was to compel the defendant to detiver to platntiy 500 shares of the capital stock of the Buifialo, New York and Erie Railroad Company, whileb the plaintit claims he purchased from tae Mate Aaron D. Patchin, and which were delivered by Mr. Patchin to the defendant for him. The complatot alleges that tm April, 1861, ae plaintif and the defendant made an agresmen t with Mr. Patchin for the sale by him to them of 1 600 shares of the capital stock of the Buffalo, New Y.-9rk aud Erie Rall- road Lompany, in consideration of » their agreement to transfer to nim therefor fifteen of the first mort- gage bonds of the company of $1,00 ? each, and that 1,000 shares of the stock thus to be ¢ tansferred were to belong to the defendant and the remaining 500 shares to the plalntift, The con ‘plaint further alleges that the defeadant agreed wi °h the plaintut to furnish the bonds, ten for him #elf and five for the plaintiff, and procure from Mr, Patchin the certificates of the stock for himse, ‘fond for the pininti(; that on the 27th day of Ap wi, 1861, Mr. Patchin, in pursuance of the agreement , transferred to the ‘detendant the 1,500 shares o ° stock and delivered to uim the certificates theref aud that the defendant, in consideration ther '0f, and in performance of the said agreement, d Elivered to Mr. Patchin the fifteen bonds of $1,000 each; that $100,000 of the stock was for the defe dant and $50,000 thereof was for the plaintiff; tbat thereatter, and prior to the commencement of this a ¢tlon, the plaintimt tendered to the defendant five: “ the first mortgage bonds of the company of $1,00. | each, of the same cliaracter and description ag t hose fur. nished by the deiendant, and demande: | the 500 shares of stock so transferred by Mr, jai ehin tor the defendant for him, and the defendant re. taxed to deliver the stock. ‘The complaint further alleges that the stock is worth $50,000 and that th e p Maintinr is ready and willing to deitver to the defe)1da Mt the The complamt coutains an. oer to bonds, ‘The defendant, in his answer, admits Mx. Patchim was the owner of the s und that le tré.nsferred and delivered to the defendant certificates therefor atthe tme alleged i the complaint and pon the terms therein alleged. He also admits thitt he, at the same time, delivered to Mr, Patchin the fifteem bonds in consideration of the transter of tlte stock, The adjourned soasion of the December term of the Supreme Court of the United States commenced to-day. There were present Chief Justice Chase, Associate Judges Clifford, Davis and Swayne. Not beivg a quorum, an adjournment until to-morrow took place. There were present, among other mem- bers of the bar, Attorney General Hoar, General B. F. Bauer, Caieb Cushing, J. H, Ashton, J. M. Car- lisie, Joseph H. Bradley, Richard T. Merrick, Phillip Phillips, Judge Starkey and General Huzzy. The order of business is the argument of the cases pend- ing atthe close of the former session; next, those for which no days are assigned, and theu the regu- lar docket, the Vourt adjourning over from Friday unul Monday, Important Questions Before the Supreme CourtThe Yerger CasemManati¢netana—— One of the first cases to be argued in the Supremo Court is that of Yerger, accused of murdering Colonel Orane tn Mississippl, on a petition for habeas Corpus to the MINtATY Cums.» in igetgsippl who holds Yerger under the sentence of the matey commission which condemned him to death. The effort of his counsel will be to obtain a decision as to the constitutionality of the reconstruction laws of Congress, This question, it will be remembered, was argued iast summer before Chief Justice Chase on an application for a writ of habeas corpus; but the application was not pressed, in order that the matter might be brought before the Supreme Court with a full bench. The constitutionality of the cot- ton tax will also be argued at an early day, Tho Massachusetts Senatorship. A misapprehension seems to prevail in connec- tion with the Massachusetts Legislature to be elected this fall, and the United States Senator, who is to succeed Henry Wilson from that State, It has been given out that General Butler, who is a candi date for the Senatorship, was engaged in looking after the election of the Legislature, 80 ag to get as many friends elected as possible, It appears, however, that Butler has been doing nothing of the kind, for the simple reason that the Legislature to be elected this fall dogs not elect the successor of Senator Wilson. Massachusetts elects her Legislature annually, and twill be Ume enough ayear hence for Butler to make an earnest push for Wilson’s place, Payment of Prize Money to Farragui’s Men. Ben Butler arrived here to-day for the purpose of looking after the long promised prize money for Parragut’s men who served at the capture of New Orleans, Butler has been endeavoring to get this matter settled for over three years, and he thinks he sees the end now. No decision bas yet been made by the Admiralty Court as to the amount due the men, Butler thinks that it will not be far short tof a millton of ‘dollars, When the court desides the amount it will be promptly distributed by the Navy Department, under an act passed at the last sesstea of Congress, introduced specially by General Butler for that purpose. Excitement Among Playgee Rights Negroes in Theatres=The Question to Carried Before the Supreme Court, ‘hus far there bas been no suit brought against of Be | the managers of the National theatre of this city for ousting the negroes who obtruded themselves into the dress circle on Saturday evening. It is under. stood, however, that the wealthy negroes of the District are making up a purse to test the question in the courts, One of the persons ejected from the theatre on Saturday evening was a son of James Wormley, the colored caterer here, Mr. Wormiey contends that he has as much right to go in the best parts of the theatre as any other person, provided he is willing to pay the price Mesers, Spaulding & to exclude negroes from ail parte of their theatre, except that which is specially set apart for them until the highest court decides otherwise, when, thoy say, they will be compelled to close their theatre, The matter will, no doubt, be carried to the Supreme Court of the United States, In the meantime it ta exciting considerable interest bere among the whites, especially playgoers, Attempt to Suppress the Dougherty-Coliyer Prize Fight. A deapatch from Richmond relative to the prize fight which 1s expected to come off somewhere ia Virginia to-morrow says:— The Dougherty-Collyer prize fight, to come off to- morrow somewhere in Eastern Virginia,is the general topio of conversation here to-day, and it creates quite an excitement among the sporting fraternity, many of whom are here from Baltimore, Washington and cities further North, On Saturday last General Canby issued an order forthe arrest of Dougherty, who was in training here, and, after a search of several hours, he wags captured by the police and bound in the sum of $260 fo appear before the Mayor this morfiing. Dougherty has since mizzied, and ia now supposed to be at the scene of the expected combat, Collyer, who was in Nor- folk, meots him thre. A large steamer will leave hia evening with probably 400 persons to wit ness the fight, “Barney Aaron seconds Dougherty, Betting (8 Uriak and the odds seem to be in tavor of Collyer, though Dougherty’s friends are sanguine and coufiént. The fight will be desperate one, Schyreman the National Carrency Thief, Tn the Criminal Court to-day the closing argumeat wag made on the motion for arrest of judgnient The defendant also admits the tender, by te plam- tim, of the five bonds and the value of the stock as set forth in the complaint, and the readiness and the willingness of the plainvif to deliver to dim the o bonds for the stoc! The answer c due of the complai ains a general dental of the rest- ' iia general denial puts im issue two facts on t, Whetuer the agreement between the part ction and Mr. Patchim was made, as stated in the complamt, and second, whetier the stock was transferred by Mr. Patchig in pursuance and performance of that agreement. The Court, on the prior trial, gave judement for the plaintiff, requiring the transfer and delivery of the stock in question to the plalotiff That judg- ment Was affirmed on appeal to the General Term of the court, but was reversed by this court at the September term of 1867. The reversal was put upon the ground that the Court, atthe trial, improperty admitted in evidence a letter written by Mr. Patchita to the DIAN The Jaen aA DEAAICER And. Tead eae taken by the defendant, The case. in _—_—__. MAILS FOR EUROPE, awe e——ama_mait steamship Cuba will Jeave this port on Wednesday for Liverpoot, The matis for Europe will close at the Post OMoe at twelve o’clock M. Tug New Yors Heratn—Edition for Europe—wilt be ready at hall-past ten o'clock im the morning. Single copies, iu wrappers for mailing, atx coats, A.—A.—Kaldenberg’s Meerschaum Factory the largest stock, finest gods and reduced prices, F No. § John street; atores, 23 Wail and 71 Nassau street pairing done, A.—For a Stylish and Elegant Hat ESPENSCHEID, Mavutacturer, 118 Nassauatros, “°° A.—A.—U. 8. Fire Extinguisher, suppiied to the N. ¥. Fire D instant use, No building saf less inventions, U.S, Fi Dey street, New Yori After Aziqiion Use Meen Fun, the Cele brated Chingse Skin and Toilet Powder. It ‘prevents irrita- tion, softens the skin and renders the complexion deticately smooth end soft. Beware of spurious imitations, ale of the proprietor, R. W. HOBBS, 85 Maiden lane, and 129 Atisatic street, Brooklyn, Alarming Scarcity of Croton. mt time, when our supply ts so short, no. water should be wasted.’ Plenty of that luxury may te had all over the house for twenty-five cents a week by using the Ericsson Pumper, which ls eastly managed by any servant and does away with that domestic drudgery, hand pamy No water tax is charged on them, as none fe wasted. and see one at 164 Duane street, Why Will Ye Dye, and Consicn te 1g afd destructive Ore of nitrate of silver those ‘ux when their guardian angel, RESTORE stands ready to restore them to their pristiae oldr and lustrous elegance ? retail depot, MACY'S stores, Fourteenth etreety ixth avenue, Princip Thirteenth street and An_ Established Remedy.—“Brown’s Bron. CHIAL TROCHES" ara widely known as viisbad remedy for Coughs, Colds, Bronchitis, Hi othér troubles of the ‘Throat and Lungs. ‘Their gc ton and extensive has brought out imitai sented to be the same, Obtain only “BROWS OHIAL TROCHE A.—The Knox Hnat.—Grent National Crnses for rejoicing, great causes for sorrow even, soon lose their fnttuence, But the influence of a thing of bea rch as he KNOX Hat, endures forever. Indeed, the ti agthened by the perfect w out, and to be had at 212 Br .—Middletown Mineral Spring Water w positively cure Dyspe Constipation and all diseases Tie skin-and blood. Principal depot 108 Liberty stre A.—Notice.—Cherry — Pectoral colds and sore throats are pleasant and will care. rose color, A.—The Largest and Best fine y made Clothing, Genta’, Youth dren’a ever before offered for sale in thi BROKAW BROS., opposite Cooper In: Treches for They are Assortment of ne’, Boys’ and Chil* ts, Now York. Ni Av=Why is Phalon’s Vitalin when Ay to fray locks, like a fortune left to @ prodigal son? Bee its salvation for Heir, .—The Chemical Wonder of the Accm A wut poisoning or staining the skin PHALON'S VITALIA, OR SALVATION FOR Tie HAIR, restores gray hair to tte natural color in from five to ten day ey = inany way the old played out “dy rt soreny” Bet, fe eaxontially a new disco once, pre Cipitates no fith, exbales uo vile odor, is not sticky and tm GMaranteed to be infallible as well as agreeab —— ee eautiful.If You Desire Beauty You ots Bs HAGAN'S MAGNOLIA BALM, Ii gives awott, Tefined, aatin-like texture to the Complexion, removes Rough Redness, Blotehes Sunburo, Ta daa Linge ‘bioom to the plainest features. ga the boom, to the fading cheek and changes the. rustie country iis fashionadie clty baile, In the tho Mage faim les the true secret of boauly, No indy need in of her com; Tho will invest 75 eats in thie tful article, Sold at St Park row ‘ew York, ON'S KATHAIRON is the best Hair Dressing, ion, Dolla complai oat 1 —— Batchelor’s Hair DyeThe Best in the d. The o erect ay mmatess, Teliable, instanta~ Sodus: Factory 18 Bond street tadoro’s Unrivailed Hatr Dye~Sold wun at bis wig and acalp factory, No. 6 Astor Viouso. a Everdell’s, 20:3 Broadway-Weddlay and Visiting Cards, Mogograms, Initiailed Note riper, moe styliay In the elty, Gourand’s, Oriental Cream, $1, ‘59 Per Bote Me, 48 Bond street, Inte of 453 Broaaway, fand druggists, pantie deieanscrhianiirss ysis Royal Mavann Lottery.—Priz oy Pald in Gold} Intormatiay fi ed, Tho highest Fav’ yg paid for Doudiovas eBdali kinds of Gold and Sliver, TAYLOR & 0O,, Banke’ 9, 16 Wa lisiroot, N. We T“inke Ayer’s Cherry I octoral to Stop Your Olds, Coughs and Bronchial, a fections before they run inte Consumption that you canne’t sto; Words of Cheer fr Young Mon, Who; Have ing falien victims to #0¥',al evils, dest . Getler, mannowse | Bent aaiet letter oavelo, fre | HOWARD ASSOCIA ION bon &, Pailadelpilay Pa,