The New York Herald Newspaper, November 14, 1869, Page 7

irri lt Tesi aps TULEGRAPEIG NEWS FROM ALL PARTS OF THE WORLD Political Amnesty and the Throne Question in Spain. The Bishop of Havana Arrested at Cadiz. ~~ @he Bmpress of France On Route from Cairo. Lopez Surrounding an Al- lied Force. ANOTHER CONSPIRACY FOR WIS OVERTHROW, ENGLAND. Goorge Peabody’s Latest Charity—Tho Epis- copal Church Agitation, Lonpon, Nov, 15, 1869. Afew days previous to his death Mr. Peabody gave an extra £150,000 to the Peabody fund, Meetings have been cailed to organize opposition to the confirmation of Mr. Tempie as Bishop of Exeter. Politics Very Dult. LONDON, Nov. 13, 1869. The political news to-day is unimportant, SPAIN. Arvest of the Bishop of Havana. MApaiD, Nov. 13, 1869, The Bishop of Havana has been arrested at Cadiz, The Italian Cabinet and the Throne Ques- tion—Amnesty for Political Oifences. MApRID, Nov. 13, 1869, It is reported that the Spanish government to-day Tecotved a despatch trom Florence stating that the entire Italian Cabinet approve of the candidature of the Duke of Genoa. ) Sefor Orense, one of the republican deputics, who Was recently arrested, has been unconditionally leased. He has gone to France. It is said that the government contemplate releasing all the politi- l prisoners who have not been accused of crimi- jal acts, Parliamentary Honor. MADRID, Nov. 13, 1869, Admiral Topete has been elected Vice President of the Constituent Cortes. FRANCE. The Garrison of Paris—A MRudical “Demon- stration.” Paris, Noy. 13, 1889, The garrison of this city will be immediately @ugmented by two regiments of cavalry. Last night another monster demonstration in favor of Henri Rochefort was held in the streets. The people were not disturbed by the police, The Empress of France En Route from Cairo. CarRo, Noy, 13, 1869, The Empress Engénie, who has been in this city for a few days past, departed for Alexandria to-day. KANSAS. of Land to Immigrants—Uuropean Colonies on the Pleins. St. Lovurs, Nov. 13, 1869, ‘Tho sales of the National Land Company for the past year, consisting mainly of lands along the Kansas Pacific Railway, amounted to 147,581 acres, Yielding $524,324, Of these lands, 83,000 acres, on the Kansas Pacific Road, were. bought by a colony of 1,200 English families, who have founded the village of Wakeiul, Kansas, and have established near there an agricultural college and Bchoo! for the reception and education of orphan boys from the London Schoo! and Farm, under the outro! and fostered by the Reform Society of Lon- on, of which Kari Shaftsbury is the president, Three thousand Swedish, Norwegian and Danish emigrants, land buyers and seitlers avd a large umber of actual settlers from other countites have peen placed on Western lands by the company dur- Ing the year, Sales LOUISIANA. Disappearance of Colores Alexander, Alleged Bogus Treasury Agent. NEW ORLUANS, Nov. 18, 1869, Colonel Alexander, formerly quartermaster under General Butler, who was arrested here recently as a bogus Treasury agent, has escaped, leaving a large the umber of letters from prominent parties relating to Custom House and warehouse business, They will ‘bo sent to Washington. TENNESSEE. Compromise on the Convention Bill in Legislature. NASHVILLE, Noy, 13, 1869, Tho second committee of conterence to reconsider the disagreement between the Segate and House ‘upon the Convention bill reported this morning that they could not agree. Propositions were then made in both houses instructing the committee to report compromise providing that the Convention shall be composed of seventy-five members instead of Mity, as Day ied by the Senate, and one hundred, as pri posed by the House, Importation of Election Managers into Mise ippi. ‘ MEMPHIS, Nov. 13, 1869, The Avalanche publishes a list of persons residing in Tennessee who, it asserts, have been imported by General Ames into Mississippi as managers of the @lection there in the interest of the radioals, and Calls upon the authorities at Washington to inter- pose and prevent it, VIRGINIA. Sailing of the Monitor Dictator from Fortre: Monroe. FORTRESS MONROE, Nov. 18, 1869. The monitor Dictator, with tne steamers Triana and Periwinkle as convoys, sailed this morning for Key West. ro easterly rain storm set in this morning. @ Fortress Monroe Fire Department paraded to-day. Tho Georgin Fair Excursionists—Old Virginia Reoonstructing Her Climate on a Northern Basis. Liberty, Nov. 13, 1869, ‘Tne Georgia fair excursionists reached thia point this evening, through a continuous snow storin, from Washington. The grouad is entirely covered = ad country looks as wild and wintry as Ver. ont PENNSYLVANIA. Tho Womun Question in Philadelphin—A Female Class of Medical Students Attend ing Lectures at Hospital. PHILADBLPMIA, Novy. 15, 1969, At @ medical lecture in the Pennsylvania Hospital this morning a Class,of thirty-nine ladies were pre- sont, with 140 male students. ‘The first case exam- Mooty somilina’ ieauls) ane (mac). ly vomiting (lemale) ‘The lecture was delivered by Dr, Hunt din. cluded many interesting cases With the partial = utation of the foot of a man crushed by a car. Uj oh Conclusion of tho lecture the class, woloh Preserved perfect order throu ont, lett ny hi Quietly and without a demoustri on of any kind. | NEW YORK HERALD, SUNDAY, NOVEMBER 14, 1869.—TRIPLE SHEET. men: PARAGUAY. Lopez Cornering Brazilian Soldiers=A Now Conspiracy Against Him. Lisson, Nov. 13, 1869. The regu lar mail steamer from Rio Janeiro, which arrived to-day, brings the followiug news from Par- One hundred and tuirty-three Brazilian soldiers had been surrounded by President Lopez's forces at Curuguaty. The Prince D'Eu bad started from Rosario with a portion of his army to attempt their release, A new conspiracy had been formed against Lopez in consequence of the number of executions ordered by him, Several Paraguayan oMcers had come into the allied lines. They all described the position of Lopez a3 desperate, CUBA. ASpanish Newspaper Blotting Out the Cuban Rece—Spaniards and Foreigners the Only Elements of Population in the Island. TIAVANA, Nov. 13, 1869. ‘The Diario (newspaper), this morning, has an edi- torial article where it says that “the existence of any anti-Spanish element in Cuba is abnormal and transitory. The enemies of Spain could not remain here. There are but two elements of population— Spaniards and foreigners.”” The Diario glasses the Cubans who favor tho Span- ish cause as Spaniards. NEW YORK. Funeral of General Wool at Troy. TRoy, Noy, 13, 1869, Appropriate funeral honors were paid to General Wool to-day. Religious services were held at St. Paul’s Episcopal church, Amoug the distinguished persons present were Generals Meade, McDowell, Hunt, Arnold, Hayner, Governor Hoffman and stam &c, The military cortége was large, and the procession was a half an hour in passing a given point. The gathering was lumense, and it is estimated that 50,000 peo- ple were in the sureets, All the ceremonies were conducted with great 1mpressiveness and solemnity and there was maniest @ universal sorrow. Busi- ness was generally suspended, flags throughout the city were displayed at hulf-mast and large numbers of dweilings and business houses were draped in mourning. The remains were deposited in Oak- wood Cemetery. TELEGRAPING NEWS ITEiM3, There was a break in the canal lock at Oswego yesterday, but it was probably repaired last night. Willlam H, Booth, aged sixty-one years, an in- mate of tho Aged Men’s Home in Baltimore, com- mitted suicide on Friday by shooting himself. Benjamin Sheldon, ticket agent of the New York Central Railroad at Tonawanda, was gilled yester- day while attempting to get on a train in Buffalo, A despatch has been received from Geneva, Ill., announcing the acquittal of the Rev. Isaac B. Smith, charged with murdering his wife by arown- tng her. A barn at Jeaness’ Corner, in Epsom, N. H., occu- pe by the workmen in the employ of the Chelsea, ass., contractor on the Suncook Valley Railroad, was burned on Friday night, together with eight horses, harness and carts. ‘The journeymen tatlors of Chicago inaugurated a formal strike yesterday morning, in pursuance of an agreement made on Friday night. Some of the bosses yielded to the demands of the journeymen and the men continued at their work. G. B, Stebbins, of Detroit, denies making tho asser- tion as charged by Professor aah in his speech on Monday night, that freo trade had reduced one in twenty of the population of England to pauperism. He petdeg simply quoted from the New York Times; he did not make thé statement on his own authority, A fire occurred on Friday night in South Howard street, Baltimore. The first story of the Pane was occupied PS one Alger & Co., boots an shoes; loss, $20,000; fully insured, The second, third and fourth’ stories Were occuyied by Elhart, Lawer- bach & Co., notion dealers. The stock was entirely destroyed; 1088 about $20,000, and is suid to be fully insured. The building was owned by Moses Weis- entield suit was damaged to the extent of $10,000. insured. PICKING A HOLE IN THE LAW, A Condemned Murderer Endeavors to Get Out of the State Prison Through a “Techni- cality?” of the Law—The Court of Appeals Refases to Aid His Escape—Technicalities of the Law Ignored—A Conviction of Murder in the Second Degree Under an Indictment for Murder Drawn as Required by the Come mon Law Proper—Opinion of the Court, The vourt of Appeals has rendered a very import- ant opinion in the case of William Keefe, a con- victed murderer, who is now serving out a life sentence in the State Prison, the court refusing to grant a new trial, The prisoner was charged with the murder of John Abrahams, in the city of New York, in the month of June, 1865. The conviction was of murder in the second degree, under an indictment for homicide of the degree of murder, drawn as required byjthe common law. The jury, having taken a merciful view of the facts of the case, and having a natural abhorrence to finding a verdict of the higher degree, which would cause a forfeiture of life, rendered the above verdict. A writ of error a short time ago was sued out, and the case removed into the Court of Appeals for the purpose of reviewing certain questions of law raised during the trial in the court below. The appeal was argued by William F, Kintzing and John D. Townsend, counsel for the accused, District Attorney Garvin appearing upon behalf of the people. Upon the argument counsel for the accused contended that such conviction was erroneous, inasmuch as the indictment did not contain an ayerment that at the time of the commission of the homicide the prisoner was engaged in the perpetration of a felony, which is the statutory definition of murder in the second degree, the tudictiwent vot informing the accused of the nature of the accnsation with certainty and pre- cision, the accused having been convicted of a crimo for which he had never been indicted. In addiuon to a reversal of the judgment being asked for the discharge of the prisoner was sought, on the ground of his having been ouce in jeopardy under the eet he could not be subjected to another trial. Justice Grover decided that the question arising upon the record in the case was whether @ verdict convicting the accused of murder tn the second degree, upon an indictment containi single count for murder drawn as required by the common law, was legal, and whether such verdict authorized a judgment convicting the accused and inflicting the punishment imposed by statute for that offence, It was insisted by the counsel for the plaintiff in error that the accused could not be convicted of murder in the second degree, unless the indictment charged that the death was effected while the accused was engaged in the commission of a felony, as specified in the statute, and that the absence of such an averment in the present indict- ment was fatal to the judgment. After review. ing the facts of the case the Judge concluded nis decision as follows:—In the present case the pre- sumption from the record 18 that the prosecution oe the killing of Join Abrahams by the accused y the means charged in the indictment, but failed to prove the act was done with a premeditated de- sign to effect his death, but proved that it was done while the accused was engaged in the perpetration of @ felony. He was therefore rightly convicted if the evidence of the latter fact was admissible under the indictment. We have seen that the statute au- thorizing & conviction of a lower degree of the same crime ypon an indictment for a higher degree makes the evidence authorizing such eonvictions competent; otherwise the,statute would be inoperative, I the more readily adopt this construction as I cannot see that the accused ean be prejudiced thereby. He isl informed by the indictment of the particular crime charged and of the means used In its perpetration, and that it was committed witn the intent and under the circumstances constituting the highest degree of the crime. He, therefore, comes to nis trial not only prepared to show, if he can, that he is not guilty of the ghee degree charged, but of no lower degree of the same crime. If acquitted upon the indictment or convicted in any lower degree th that charged he will find no obstacle in pleading his acquittal or conviction in bar to any subsequent indictment for the same crime. It exposes him to no danger of a conviction of the crime in any degree not warranted by the evidence. This he may readily as against by calling attention to it in the renee, © the jury, and in case any error is committed by the Juage in this respect can correct such error upon review by taking the proper exceptions. My con- clusion is that the judgment should be affirmed. Judgment affirmed. Yoodruft, Mason, Daniels, Huot, James, Murray, Justices, concurred with Jus- luce Grover, FINE ARTS. The closing sale of Messrs. H. H. Leeds & Miner on Friday evening, at the Leeds Art Galleries, may be considered, for the times, agreat success, The following prices were obtained:—‘The Old Church at Dusseldorf,” by J. B. Irving, $1 “Genesee Meadows,”’ by man, 455 jathers.”” by ‘Wiliam Hart, ‘ranconia Mountains,” by A. B. Dur Lake of Killarney,” by J. f Ken- iu 7 low England Scenery,” by F. B. Church, $1,250; “Sailor's Return,” by Carl Hubner, ao; ‘tne Betrothal,”” by 0. Erdmann, $490; “The Onid is Saved,” by K. Jordan Dusseldorf, $160, and many others, from $25 to $250 each, BASE BALL NOTES. The New Jersey State Association held its third annual meeting on Wednesday last at the Opera House, Jersey City, with Mr. Fenning, of the Prince- tn Club, in the chair, The clubs represented were as follows:—Eureka, of Newark, J. W. Vawson, E. A. Ward; Champion, of Jersey City, F. B. Wood, G. W. Denman; Bergen, of Bergen, J. H, Westervelt, T, D. Harrison; Resolute, of Elizabeth, William L. Oliver, James Gale; Autna, Jersey City, W. B. Schamter, W. D. Richard; Bayonne, W. J. Searles, W. N. Beach; Amateur, of Newark, E, Bolles, H. M. Bean; Soctal, of West Hobcken, R. VY. Brockway, W. Rosenverg, Union, of Hudson City, E. J. Darcy, G. W. Bishop; Atlantic, of Elizabeth, William McNamara, George Parmiee; Princeton, J. A, Fenning; Communipaw, of Bergen, J. Freese, Jr, R, W. Bruen. The following officers and delegates were elected for the ensuing year:—President, James Gale, Reso- lute, of Elizaveth; First Vice President, G. W, Den- vers, Champion, of Jersey City; Second Vice Pre- sident, W. D, Richards, Etna, of Jersey City; Record- ing Secretary, E. Bolles, Amateur, of Newark; Cor- responding Secretary, E. J. Darcy, Union, of Hud- son City; Treasurer, T. D. Harrison, Bergen Club. Delegates to the National Association—T. H. Wester- velt, of the Bergen Club; C. O. Hudnut, Liberty, of New Brunswick; F. B. Wood, Champion, of Jersey City. Alternates—E. A. Ward, Eureka, of Newark; J. A, Fenning, Princeton; T. D. Harrison, Resolute, of Elizabeth, The following committees were appointed :— Printing—W. B. Senatter, of Jersey, City, F. B, Wood, Champion, of ey City; R. V. Brock i bocial, of West Hoboken. ules and Reguiations—J. 1. Westerwelt, Bergen Club; R, W, Broen, Communtpaw Club; G, Parmlee, Atlantic, of Elizabeth, Nominations—E. A. Ward, Eureka, of Newark; Hi. M. Bean, Amateur, of Newark; W. J. Searles, Bayonne Club, ‘udiviary—J. A. Fenning, Princeton Club; G. W. Denman, C, 0, Hudnut, Liberty, of New Brunswick; W. L, Oliver, Resolute, of Wlizabeth; G. W. Bishop, Union, of Hudson City. The Ohio State Association met at the Gibson House on Saturday, November 6, at cleven o'clock. After some preliminary business the meeting adjourned until evening, at half-past seven o'clock. On assembling in the evening tue Convention pro- ceeded to an clection of oficers for the eusuing year, with the following result: M. KE. Brazee, of Capitols, Columbus, Pres! dent; H. B, Birch, of Antiochs, Vice President; F, Harvey, Buckeyes, Secretary; R. N. Spry, Treasurer, The following delegates were eciected to represent the Association at the National Convention, which meets in Boston on tne 2d of next month . Te Goshorn, Cincinnatt; C. P. Pettingill, Buckeyes, with Morton E. Brazee and Frank Harvey as alternates. Not more than twenty clubs answered to the call of the roll, although there are some fifty clubs in the State, The Committee on Rules of the National Assocta- tion will meet on Tuesday afternoon at four o'clock, at the Union oftice, Brooklyn. As “a good thing canpot be too often told,'’ and as the last innings of “the game” for thls season 1s about to be commenced, the following essay on the beauties of the game by the “Fat Contributor,” who ig undoubtedly an ‘‘amateur,” will be read, no doubt, with much satisfaction by all:— ‘The attitude and motions of the “pitcher” were a source of interest to us. He catches the ball as it is tossed to him, holds it in his hand, contemplates it a moment, something like Hamlet contemplates the skull of ‘alas! poor,” &c., turns around and takos a pace or two meditatively, forgetful apparently, of the ball, thinking of mother, and home, and friends and sweetheart, debts and things quite oblivious to the awaiting batter of the expectant crowd. Suddenly his eyes fall upon the ball—a moment of bewilderment ensucs wonders what it is, and how it there. then his brain cleara up—his thoughts gather—It a base ball—ab! the h mate! on—he' 1 and turning swift as lightning, he let's Bator. And the batter (00° batter’ than ‘he should be, perhaps), adjusts himself after tho model of the Golomua of Rhodes, ‘He throws out his chest ands few other pleces of bagasse and straightens up his trunk and ta pia valises firmly; he spits upon his hands nd @ the club with a grip equal to a districk collector holding on to office, He ready awaiting the inauguration ball. It Thelites is head a Little to One side as It pas club, looksas if he hadn't done anything, ax he lad performance is repeated several times to allow the Pi tcher Chance to renew his meditation over the skull of Yorick, think of home, &c., and give opportunities for the batter to exhibit his wkil asa posturer and his exquisite talent of spitting on his hands, Atlength the blow comes, and the ball comes skimming rough the air or bounding Along the ground. We couldn't fae thinking. allthe time bow much easier it would have beon to have sent it through the Post Oflice or by telegraph and saved all the trouble. But it was none of our mateh. We don't belong to the Red Stockings or any other club. ‘The running pleased us more than any other portion of the We always lik 0 ‘round, having ood deal our me of them were a little late in getting “home,” but that te better than running all night. We wouldn't like to try and catch one of those balls. We had rather catch cold, or the measles the second time. Thanksgiving Day, if at all pleasant, will be the occasion of the grand “wind up” among the ballisis, ‘The Stars and Osceolas will have a tilt on the Capi- toline ‘grounds, commencing at half-past ten A. M. ‘The Mutuals and Uckfords will combat on the Unton grounds inthe afternoon, and on the other relas and grounds around New York the ‘tossers’’ will be out in full force, The Empires are making efforts to have the return id of their match with the Alerts, of Seton Hall, on the grounds of the latter on Thanksgiving Day. It is claimed that “one professional only is now allowed in au amateur nine. If they have more they rank a8 a professional nine."’ What is this—an apology for the past or an allowance for the future? The Knickerbocker Lacrosse Club of this city will play @ match game with the Mohawk Club, of Troy, ‘at the latter place on Thanksgiving Day. ALLEGED ATTEMPT TO MURDER AN OFFICER. ‘Twentieth Ward Rowdies Kuock Him Down— He Arrests Them. If the statements of officers and reputable citizens of the precinct can be relied upon, an officor of the Twentieth precinct last night had a narrow escape from assassination, The story is that between ten and eleven o'clock P. M. officer Charles McDou- gall, late of the Yonkers police precinct, who has recently been tried on serious charges} of neg- lect of duty met the representatives of the Twentieth ward Bennett family, on the corner of Thirty-fourth street and Eighth ave- nue, “Sill? Bennett, of No, 409 Forty-fourth sweet, one of the brothers of the well known “Billy Ben- net'—ran against the officer. mMcDougall, who is a “gentieman policeman,” mot him with a very cold salutation. “Sill,” who was accompanied by Triends, then invited mepouralt to go down into the basement and “smile.” McDougall states to his captain that he declined the pressing invi- tation; that a few minutes later ‘Sill’ Bennett and his friends ran against a citizen, when he (the officer) remonstratea with them for actin; thus, Heavers that he was immediately attacked by “Sill” and Christopher Bennett. who knocked him down and intitcted injaries upon him, MceVou- gall, who is, with all his faults an ugly policeman to jumpeded up after three or men had ummeiled him and attempted to arrest hem. A driver for Park & Teifair, of Broadway, and another citizen named ti Aad seeing the attack upon the officer, came his assistance, and as- sisted him in arrestin, Sill, who was held on the charge of assault and bat- tery, and Christopher, who was locked up on the charge of being “drunk and disorderly.” After the brothers Bennett had been locked up another brother endeavored to secure thelr release; but Captain Caffrey was inexorable. ‘The particulars of the case were derived from the Captain, who promptly ordered officer McDougal back on post, ana it 18 more than probable that an investiga- ion this morning, betore Justice Dodge, will show that the Bennett brothers are’ not 80 black as they are painted, and Captain Catirey may be requested to prefer a complaint of a serious nature agathst the oficer, who returned to his post without aly marks of violence, Notwithstanding Sergeant James heid the accused on the complaint of the omcer, RELEASE OF EOWARD 8. KETCHUM. Owing to the expiration of his term of sentence Edward B. Ketchum was yesterday discharged trom Sing Sing Prison, Sentenced to four gyears and six months’ imprisonment, his uniformly good conduct gained him a commutation ot eight months, making the time actually served og years and ten montis. It 1s but justice to state that Ketchum's deportment during his incarceration was such as to merit the esteem of all connected with the prison, EUROPEAN MARKETS. LONDON MONRY MARKET.—LONDON, Nov. 13—4:30 P, M.—Consols closed at 9349 for money and 934% for the account. American securities closed quiet and steady; United States five-twenties, 1802, 83%; 1865, old, 82%; 1807, 84; ten-forties, 781. ‘Stocks teady; Erie ata shares, 2054; llimois Ventrals, 8%; Atlantic and ¢ PARIS BOURSE.—PARIS, 18.—The Bourse closed drm; rentes, 71f. 500, FRANKFORT BOURSE.—FRANKFORT, Nov. 13,— United States five-twenty bonds opened fat at 84 for the issue of 1362. LIVBRPOOL PROVISIONS MARKET.—Liverroon, Nov. 13—4:30 P, M.—Cheese 698. pet owt. for the best grades of American fine, Liverroo, PRODUCE MARKRT.—LIVERPOOL, Nov. 18—4:30 P, M.—Refined petroleum is, 99d. per gal- on, LONDON MARKET.—LONDON, Nov. 13.—Sperm ot £01 a £92 per ton, Spirits petroleum 1s. sid. per Tallow 468, 9d. per cwt, Sugar quiet and ‘ot and anoat, ARKBT,—ANTWERP, 13,—Pe- troleum closed active, but unchanged, LIVERPOOL COTTON MARKET.—LIVERPOOL, Nov. 18—4:30 P, M.—The market Md dull, Middlin, uplands, Lyd. a 11 s%d.; midd Orleans, 11 sd. alia, The salos of the day have been 8,000 bales. HAVRE Corton MARKET.—Havee, Nov, 13.—Cot- Sawer quiet and unchanged for bot on spot and oat. Livarroon by a ee MARKET. —LIVERPOOL, Noy, 13—Corn, 209, Od. pef quarter for Kuropeau, reat Western, 26, Noy, Noy. WASHINGTON. FUNERAL OF ROBERT J. WALKER. The Question of Removing the Capital Opposed on Constitutional Grounds. Minister Webb Before the Foreign Xclation Committee. WASHINGTON, Nov. 13, 1869, Fanerol of Robert J. Walker—Last Works of the Dead Statesman. The funeral of the late Robert J. Walker took place at noon to-day and was atiended by a large number of citizens, including a great many mem- bers of the bar. The funeral services were con- ducted by the Rey. Mr. Chew, of St, Alban’s church of this District. ‘The President's family were repre- sented by Mra, Grant, General F. D. Dent and Mr, Dent, the father of Mrs. Grant, the Prest- dent being unable to attend on account of business engagements, Messrs. Fish, Robeson and Cox, of the Cabinet, were also present, as well as a large number of other distinguished gentlemen, many of whom have occupied prominent official positions in this District. A heavy snow storm pre- valied at the time the tuneral moved from the house, and still continues. The remains are to be Inverred at Oak Hill Cemetery, Georgetown. The Treasury and Post Office Departments were both closed to-day; the former in respect to the memory of the late Robert J, Walker and the latter in respect to the memory of Amos Kendall. It has been stated that Mr, Walker's health succumbed to severe mental exertion. It is known that he was most indefatigable in his financial labors, Indeed, almost up to the hour of his death he was engaged upon a pamphiet, showing by the closest statistical calculation that New York must, before long, become semuch the superior of Lon- don as to command the commerce of the whole world; when a bill of exchange drawn on New York will be Worth more than any other in the world, Cal- culating the actual distances, he shows that New York 1s really nearer the centre of communication with the commercial world than London, which is eleven degrees north of the centre of production, and the natural pathway of the world’s commerce. Several improvements he also suggests in the harbor of New York, This was the last work of Governor Walker’s active mind, and is addressed to S. B. Driggs, of New Brunswick, N. J., who had been associated with him on these subjects for the past two years. Mr. J, Watson Webb Before a Patient Com- mitteeFour Hours? Verbosity. Mr. Orth, of Indiana, chairman, and Messra, Wilkinson and Swann, of the House Sub-Vommit- tee of Foreign Affairs, are certainly gentie- men of remarkable diplomacy and consum- mate patience. These gentlemen exhausted very nearly four hours to-day in listening to James Wat- son Webb, ex-Minister Plenipotentiary and Envoy Extraordinary, who delivered an immense amount of very ordinary staff relating to a variety of subjects having about as little to do with the Paraguayan controversy as the recognition of Cubm The subject which engrossed a large share of Mr. Webb’s discourse to-day was a resumption of his exposition of naval etiquette. He also gave some attention to his own diplomatic career in the territorially extensive empire of Brazil, and, judging from the estimable gentieman’s own opinion of the mission, the courts of St. James and the Tuileries are very insignificant, compared with the hybrid court of the South American empire aforesaid. Mr. Webb favored the committee with copious extracts of dry reading from his own correspondence in the reports of the State Department, The committee listened patiently until four o’clock, when they broke Mr. Webb oif in a particularly interesting part (to himself) and ad- journed untt! Monday next. Mr, Webb has still a large reserve fund to draw upon. Judging from the irrelevancy of Mr. Webb’s testimony, it would seem that he invited himself before the committee. As ‘soon as Mr. Webb gets through—which time, I ad- mit, is mdefinite—General McMahon will come up before the committee. Retrocessions of Territory from the Dis- trict—The Capital Removal Question. The question of the constitutionality of the retro- cession of Alexandria in 1346 to the State of Vir- ginia 1s likely to come up shortly after the meeting of Congress ina method very little expected, and should it be setuled against the Old Dominion the question of the removal of tne capital will also be involved in such a way as to give a quietua to the removers, It is said that a prow gramme has been arranged to resist the admission ofMackenzie, the lately elected member of Congress from Alexandria, on the ground that he is not a constitutionally elected representative. The mem- bers who have arranged. this plan will argue that Congress had no right, in 1846, to dismember the District of Columbia by the retroceasion of Alexan- dria; that the intention of the constitution was that the territory for the location of the capital once having been fixed and accepted by Congress, not a foot of it could subsequently be parted with without an amendment of the constitution. If Con- gress, on having this point precipitated upon them, should decide to deny Mackenzie his seat, it will be something of a point gained for the people of the District who oppose removal. The Weekly Currency Statement. The mutilated currency and bank notes destroyed during the week amounted to $309,452; the bank currency is#ued for bills destroyed, $153,070, and the balance due for mutilated notes, $310,426. The bank circulation outstanding at this date ts $299,621,713, Argument in the McGarrahan California Land Case. The Supreme Court of the District of Columbia in General Term took up the case of McGarrahan vs, Browning. The court had given a judgment award- ing the Lapanache Grande Rancho in California, em- bracing over 17,000 acres, in which are incluaed the new Idria quicksilver mines, to McGarrahan. This judgment was rendered on the 8th of July, 1869, and entered as of the 6th of February the same year, in accordance with a stipulation between the coun- sel, On July 9 a writ of mandamus was issued and served on Secretary Cox. On the 13th of July the amount of money required under the judgment, $22,210, was tendered by McGarranan, when the Secretary declined to accept it, alleging it ‘was an unwarrantable interference on the part of the court to issue the said writ, The case now comes before the courton motion by the counsel for the Secretary, Mr. Ashton, to quash the judgment and vacate the writ, Mr. Merrick founded his argument on the following points:— First—The judgment appears regularly entered upon the docket, aud any error that may be in the judgment cannot be inquired into on thts motion. If there is a judgment and if the court had jurisdic. tion of the parties the m otion must be denied. Second,—Immediately after the judgment had been entered, Mr. Carrington, appearing in his oMcial character as United States District Attorney, entered an appeal in the case, By this appeal the case was transferred from this court to the Supreme Court of the United States and the power of this court over the case was ended. It is true an appeal was not the process by which sueh a case could be removed so that the Supreme Court could hear it; nevertheless, when that process was adopted tt transferred the case to that jurisdiction and it is subject to that authority, A writ of error has tho effect of removing a case the very moment it 1s filed in the Clerk's office, and the law subjects appeals and writs of error to the same provisions and limitations, and the appeal there- trom removes the case the very moment it is taken. It is not denied that appeals from a circuit court to be perfected must be aliowed by the court; but under the organic law of this court an appeal is an absolute right and need not be allowed by the art. oom ~The objection that the judgment ts a judg- ment against Browning and his successors in office, and that the mandamus 18 directed to Mr. Cox, the resent Secretary, Who was not a party, is without force. If the duty which the mandamus requires to be performed had been a duty required of, Browning ersonally, then the suit would abate on his retiring From office, But the duty required by the mandamus and by the law on which the mandamus was founded, is a duty required, not of the Individual in the office as an Anaividuat’ bute duty required of the Secretary of the Interior, who- ever he may be, Lf the duty ts not purely minis. terial, it is admitted the mandamus should not have bi } but that question ts not now befgre ti Court, The Court when it entered the jadgment de 5 termined and settled tnat ii’? duty which che netition sought to coerce by manda“YUs was not judiclal, but ministerial; uf the Court er:"¢4 im this they must review the decision in the Suprei.¥® Court on appeal, if they think they can get there tha." Way, or in some other way they may tink proper to @dopt. Fourth, —The yudgment is not inva. by being en- tered tn vacation. This was done on » ¢Teement of counsel, who, after having argued the ¢ $8, stipn- lated that the court might enter the jadem ent at any tine as of the date of the term at which tu. argu ment was made, Mr. Merrick sustained bis position by argu, went and by reciting several authorities. Mr. Davia'¢® followed Mr. Merrick in an able argument, founde.* on the same points as given above. Mr. Asiiford closed the argument for the Secretary and the case was rested. The Court, however, reserved Its de- clsion, The Court will not meet again for two weeks, A Snow Storm. A snow storm commenced here at eleven o'clock this morning. Personal. Ex-Senator Harris, of New York, and lady; Benja- min Harris Brewster, ex-Attornay General of Penn- sylvania, and Assistant Attorney General T. Lyle Dickey called upon the President at the Executive Mansion this evening. UNITiD STATE! SUPRENE COURT, The Rincon Point Case—Title to Lan Francisco. WASHINGTON, Nov. 13, 1869, No. 6 (original), The State of Texas vs. White, Chiles, et al.—The argument of the motion to perfect the judgment in this cause, commenced last motion day (Friday last) and then stated, was now con- cluded. No. 215, The United States vs. Charles Hare et al., in Error to the Circuit Court for the District of Calyornia,—This was an action of ejectment brought by the United States to try the tulle to two lots (numbered five and six) in a block in the city of San Francisco, which {ts included in what is there known as the Rincon Point reservation. ‘Tne present United Staves Marine Hospital at Rincon Point, aud the buildings connected therewith, are situated on one, two, three and four of the same block, and within the same reservation, Tne defendants are in possession of lots five and six, claimmyg adversely to the United States, under the title derived from the city of San francisco, The court below gave judgiment in favor of the de- fendants, sustaining the original title of the city, and the United States bring the cause here, claiming that the city of Saa Francwco never acquired any titieé in the land, and if it ever did have any such title was transferred to the government by deed dated in December, 1852, which conveyed a title prior and superior to that under which the defendants claim, ‘The defendants sabmit that the cily entered upoo the lands in 1850, under valid grants, and that the city aud Its grantees have been in quict possession ever since; that in 1s61 their im- mediate grantors purchased the city title at sherii’s sale, aud that the Supreme Court of the State sub- sequently confirmed the title obtained, That by an ordinance, the city 1n 1555 granted all its title tothe Jows in question ‘to the defendants, and in March, 1958, the Legislature of the State added its sanction to the ordinance. It 19 asserted that all the utie the government can claim in any event, Is derived from the city and that the conveyance was subsequent to the purchase by the defendants’ grantors. The defendants further claim that Con- gress also confirmed their title by sanctloning the legislation of the State by the act of July, 1864, en- lutied an act to expedite the settiement of titles to land in the State of California, The issue 13 one of fact and involved the consideration of a vast amount of documentary evidence. E, RK. Hoar, Atworney General, and J. Hubley Ashton, special counsel for is in San the United States, S. W. Holliday aud Blair and Dik for defendants, E. A. Van Sickle, of New York, and E, E. Wood, of Cincinnati, were admitted to the bar. No, 400. Platte Co, vs. Wood,—Appeal from the Circuit Court Jor the Disiriet of Missouri,—Dis- . Steamboat Joseph Johnson vs, Mccord et ppeat sron the Circuit Court Jor the Southern District of New York.—Continued, No. 24 McCord et al. vs, Propeller William F. Bur- pal from the Circuit Court sor (he South New York.—Continued. No. 620, Whitely vs, Bamber ger.—Appeal from the Circuit Court for the Southern Di of Nsw York.—Docketed and dismissed. STREET CARS. How They May be Managed to Make Them Quick and Comfortable. {From advance sheets of Onward for December.) Once more we return to this subject, again hoping that our hamble voice may be heard. And again we reiterate our assertion that there is no plan tor traversing the streets of a crowded city yet born im the brain of man or to be born, superior oe even equal to this—the railroad car harnessed to horses, Although set forth in the columns of a widely cir- culated newspaper, many may not have read the simple scheme we suggested. For these we shall here repeat an epitome of it, entering a little into details, and answering some Objections since started or incidentally arising. What we proposed was and is that the street car tog along t's line shall not be subject to the capricious will of every one waiking upon the foot- way who sees fitto bring 1t to a stop by hailing its conductor or simply holding up nis band, ‘The assumption of a right to do this isin truth but a burlesque of the republican-democratic idea; and when Closely scrutinized proves to be based on the very opposite principle. For it is the one man on the sidewalk, With no particular stress upon him, teil ng forty others inside the car—all as good as he, and all sharply set with a desire to go ahead—telling them they must stop. And for what purpose? Sun- ply to save himself the necessity of going on to the next corner and there getting in; no disagreeable necessity, for it is just as easy Lo saunter thirty pac while the car is coming up as to pass the time star ing by the side of the cider barrel, aud quite as pleasant, one woald fancy, ‘Lhe notion that by doing this individual rignts are invaded can only be entertained by those unaccus- tomed to the exercise of ordinary ratiocination—ig- norant, in jact, of all the elementary principles of republicanism and the mutual obligations of meumn et tuum Itis not the doctrine of an enlightened democracy, but the blind, dogmatic instinct of a misraken mob. Perhaps even this mob May understand their mis- take by an analogy we shail now give, and which exactly parallels the grievances they coinplain of through the present management of street-car trafic, solely due to themselves. It is just as if every farmer living along the line of the New Haven Raiiroad or every merchant who owns a villa upon the bither bank of the Hudson was to have the steam train stop at his own wicket gate, and, with- out his walking a score yards, deliver him imto the arms of his welcoming Wife and the embrace of nis “olive branches.’ No doubt it would be all very pleasant for him; but how of tne 200 other gentiemen who have shared the “saloon car”’ along with him— each having a wife farther on, and perhaps also a cluster of young olives, equally desirous of clasping and clinging on to the parent tree? Dropping the poetical and figurative, let us come to the piain prose of this question. We do not say descend; there is nothing lowering in a thing of such importance, The poetry of life is but a part of its reality; and it 18 not poetry, as we ourself experience 1t, to be kept one hour and twenty minutes in a Third avenue car between the New YorK HkRALD office and the banks of Harlem river, béyond Yorkville. On the contrary, itis the purest prose—commonpiace aud lugubri- ous—dull as one of Anthony Trollope’s novels, or a tanscendental essay from the pen of Ralpn Waldo Emerson, Even atwo hours’ oration from the lips of the wrepressible Train, a lecture upon protection by the philosopher of the 7rivune newspaper, or an outpouring of travela from Bayard Taylor, steam tourist, who should forctbly remind one of the slow progress tmade—any of these, under other circum- stances a serious infliction, would be a relief to the worn and weary traveller who wends lis way home- ward to Harlem in a Third avenue car. This we can answer for as part of our own experience. After the first day of its endurance we felt inclined to avathematize Mr. Squire, who, as president of the company, 14 supposed to hold in_ his hands the reins of every horse and the brake of every car upon the line, On a more caretul study of the subject, atded by some inquiry, we discovered that neither the Third Avenue Katlroad Company nor its respected president has aught to do with the evil—that is, With the cause of it, On the contrary, we flud them both willing and eager to do anything that can pe done for its removal, while we also find that it 1s the complaining public itself that is responsible for the very thing it is complaining of. A Citizens’ Association of Yorkville locality—as we see by reports in the newspapers—calls out for a speedier and more comfortavie mode of car: riage to their suburban homes. They don’t like “hanging on by the straps” of a street car, and they believe themselves compelled to do this by the directors and oMcials of the Third Avenue Ratiread, It does not seem to bave occurred to these o plainers that neither the Third Avenue Railroad Company nor any other 1s bound by any contract or understanding, either legal or moral, to carry them home to their houses at apy particular rate of speed, and set them, as they appear to claim it, on their own door steps, without giving them the slightest discomfort or smallest inconvenience; doing all sls for the paltry remuneration of six or seven cents-— les’ than @ cent to the mile, Horse flesh and horse food—muceh less the carbonaceous diet which the iron steed, if ever introduced, will call for—can never give these grumblers the accommodation they are now insensately demanding. A week's resi- dence in London, Paris or any other great EB city would inoculate them with diiferent ideas; if itdid not altogether cure them of their present discontent would show them the injustice of taelr be pss nL jon they could not ride a half mile nlong ‘eats without disbursiug the sum of nino since three pence aterling 1s tise loweat omnl- bus fare, Four miles would cost tem double this arvount, and a five-mile ride op che “underground railway," so much vaunted Tur iis convenience, would take eighteen centa git of their pockets, besides requiring them to weak quite a quarter of a hile to reach one Sf ts Nearest Auatl Again do We repeat, aD% with au emp sis foaring on, that the horse car no future defeat or contradte! now upon tie streets of New York 1a the best mode of transit thi h the streets of a city yet devised or ever Lo be devised. But we say thia with the pro- Viso, not as these cars are now running, but as they may be made to run, tie public, their passengers permitting; these same passengers Who now, through @ stupid misconception about individual rights, cause both the discomlort and obstruction they complain of, We hope in time to hear an end tw their complaints, but never to the pleasant tin- tinnabulation of the street-car bell. We shall now repeat the simple plan suggested, and once more try whether the public will compre- hend aud hear, or, rematning blind to ius own tater ests, reject it, in brief epitome it 1s thus:—The car to stop at every fifth crossing; that 18, alter running through the space occupied by four blocks of buildings—1,000 feet. At each stopping place to be a pair of broad pa “lel Nagstones, one along each side of the car, and .“f course perpendicular to the Dagged causeway of the Crossing, ‘They indicate the “stations” go clearly tat not only the passengers intending to get on, b™¢ the horses, will soon come to know them, in The driver Will not need to exhaust his strer tolling at that terrible crank; to hold the “ribbor in hand, aud at overy filth crossing cry out “wo-he ig all that will be required of kim. And the con- ductor will collect tis fares from the half- dozen people stepping simultaneously on the plat form, leaving hin tiwe to cotlate hiv accounts, and @ little mierval of trandwtl equanimity, before arrly~ ing at the next station. But the passenger—what will be his or her gain from the changed condition of things? Everything thas could be desired—every- thing possible cheap conveyance through the streets of acity. In the Lape ayes @ clean stepping stone or platform from which to mount up to the car. Second, the certamty of being able to get upon itwituout danger or dirt—the lust arising from a ras through mud over slippery cobble stones—the first trom the attempt to get upon @ vehicle in motion, with the risk of a dislocated wrist or ankle. And then there is the gain of time by the increase of speed, and in proportion to this, inversely, the decrease of the “crowding,” and—what is perhaps Still more attractive and exhilarating—tne notion, the beltef, the actual and real knowledge that in- stead of “dawding” along the streets, not only Wasting precious time, but losing tt in the most irk- some and Unsatisfactory manger, you are going “on- rd? i OBITUARY, Ezra Backnam, The death of this gentieman, who has been for many years favorably known to the shipping com- munity of this city, 1s announced as having taken place at Port au Prince, Hayu, on the 23th ult, Mr. Bucknam was born near Eastport, Me., on the lat of May, 1808, Thrown upon his own resources when quite a boy, he went energetically to work, studied shipbuilding, and dnally became promi- nent in his business. Some forty years ago he moved to this city, and ever after carried on & suc- cessful business as a shipwright. Less than two jonths ago Mr. Bucknam started on a tour to the West Indies, visiting St. Domingo and St. Thomas, He left the latter place on the 24d ult., and while at sea Was taken ill with billious fever, which proved fatal. He leaves a wife, children and a large circle of acquaintances to lament his death. As a mark of respect to his memory many of the flags on the shippibg in this harbor were at haif- mast yesterday. A Few Reusons Pro et Con the Use of RESTORER AMERICA, A-—Proclaim it Every where—Shout it Aloud te ol! bachelors and widowers, whisper it tn the delicate ears of ladies past thelr prime, tell it to all upon whose ringlets, braida, waterfalls, beards, whiskers or mustaches tine has Iatd bia fromting band, that PHALON'S VITALIA, O8 BALe VATION FOR THE HAIR, for restoring to the griazied fibres the hue that nature gave’ them, Is ns pure, aa clear) a8 {roe from every tatnt ns the blue waves; that like distilled water it has no sediments, and that a bath of it would be as harm- Tous to the hair as milk of ros Altman’s, on tieth and Twenty-first Ck ieee Velvet the Avenue, between S'wene jes this week. Cloak Velvets reduced to 86 75. Lyons Silk Velvet reduced to #11. Ladies should not his splendid chance Of securing Silk Velvets and Veiveteens this waat ‘The last case of those rich Velveteens, at #! Will be pened to-morrow (Monday), Nov. Silk Plushes and Velvets at $1 10; last sal All of the other goods reduced in price for ‘oming week, {n order to make room for the nd exhibition of Holiday Gooas, to be opened December 1, and to continue 30 days. ‘See advertisoment next page. 15. thereof o A.—For n Stylish and Elegant Hat Go to ESPENCHEID, Manufacturer, 118 Nassau street, A.—Ruy Your Hats from Burke, 128 Fultoa street, Styles and prices decidedly popular, American Waltham Watches are the best to buy and the best piace to buy is at FULLER & CO.'S, 2 Joba street, New York. A.—Ford & Tnoper, Manufacturing Silvere amitha, wholesale and retail, Nos. 757 and 789 Broadway, coruer Tenth street, up stairs. Brown’s Celebrated Poor A.) Mr: ae RICHARD" cents per bottle. M. G. YE WATER to be had of all druggists, A.—Every Preparation fer the Improvement of the 8 inks into insiga{ficance compared witis MRS. M. WN'S SCALP RENOVATOR. 14 ounce bott’efone dollar; smaller size fifty cents, Sold by drugglate, Depot 61 Bond street, A.—The Rest Photographs in the City are by CHARLES D. FREDRICKS & GO., 587 Broads opposite aletropolitan Hotel. A.—Bell Bros. are Sellimg Ready Made CLOTHING at a great reduction; latest styles in custom work. 20 Fourth avenue, oppogite Cooper Institute, A.—Wolter Heugh, Esa. 137 Broadway, New York, after having been bald for npwards of ten years, used BARRY’S TRICOPHEROUS eight months and has now A thick, lustrous head of real black hair, Sold by all drug- gists. Batcholows Wair Dyo—The Best in the world. only perfect dye; harmless, reliable, instanta- neous. Factory 15 Bona street. Cancer Cured.—Rright4 Disease Cared by the MISSISQ OI SPRING WATER—For sale by druggists, Depot, No. 8 College pl F. Boors, 449 Brondway, Has Opened His retail department, and will offer for the next sixty days « complete assortment of Indies’ and yentiemen's Furs; alarge varioty of Seal and Astrackan Sacquos aud other novelties. A.—Swiss Manufacturing Company, 36 East Fourteenth street, Union square, importers and dealers fa ‘Swiss Carved Goods. A.—Ladies’ Faces Enamotled; also tho Pros paration for sale,with instructions, by M. LAUSSON, No. 153 roadway. A.—Wenther Strips Exclude Cold, Wind, Dust, dc. RVEBUCK BROS., 53 Fulton street, New York. If You Wish Your Hair to Feel and Appear an though 0% with varnish—do not use RESTORER AMERICA, If You Wish Your Hair Colored a Fin purple or ‘brilliant blue-black—do not use RESTORE! Tf You Wish Your Hair a Greenish Yellow, to fall out and break off—do not use RESTORER AMER- ICA. Your Hair Sticky—Gummy— ao biliows, yel- ortraiture of am he mummy. If You Wish uey; stiff, like the porcuptne's quills ow, dark and sallow, presenting a perfect Egyptian mummy—tise the —; you'll be the Vitality of Your Hair urple or {bine-black» ho" two bottled ebul if You Wish destroyed—the color a muddy green, play on “the Living Lie” more of Until—your hair burnt off—you cry “Hold | enough I” If You Wish Your Hair Restored to Its original natural color—use RESTORER AMERICA, If You Wish Your Hend Freed from Dand- ruif and scurf—use RESTORER AMERICA, If You Wish Your Hatr Soft and Glossy, with nature's own lustre—use RESTORER AMERICA, If You Wish to Prevent Your Hinalr frem falling out, to invigo 4 stimulate to more abundant ‘alae RESTORER AMERICA, In View of the Deception Practiced lry Denl~ ers in worthless Oriode and other apurious imitation watchosy buyers of genuine AMERICAN WATCHES should tavariar bly demand a certiticate of genuiness. Restorer America. To be had of all drug Prepared by Dr. J. J. treet treet vana Lottery.—Prizes Paid in Gold. rafeezatlon haratshed. The highest rates palti for Doubloons Or aind Sivan Bd A ig ot ioe OU. Bankers, 16 Wall street, N.Y. ta; Macy's Stores Sixth avanne. O'Brien, wholesale depot nat Secret of Beauty Lies im the Use HAGaws MAGNOLIA BALM POR THE COM LENION. Roughness, Redness, Blotches, Sunburn, Freckles and T disappoar where itis. applied, and a beanitiful complexion eMimiike taxture 1s obtained. ‘Tho plainogt features h Jow with healthful bloom and youthful beanty, pu are made to » Bagan’s Magnoli in the thing thas pros faces there effects, and nny lady cam, secure it Cor 7 oante fat any of our stores, or at 21 Park row, New York, One only LYONS KASHARION for the A Cari: Owing i» tho great \ncresse of busl. neswconteent on the popularity of ore their Cartoon and general tsaue, the proprietors of THE EVENING TELEGRAM would tmpre upon advertisers ity of presenting their ad ents for the Cartoob papers thr days in advance, to secu sary to present adv afternoon prooeding edition for which they are intended, THE EVENING TELEGRAM M1 be sont by mail to subsoribers tor dollars pet year, Addross 97 Naw ot.