The New York Herald Newspaper, December 22, 1869, Page 5

YORE THE COURTS. Novel Case in Bankruptcy—Interesting Reve- “nue Frand Cases—MeFarland Arraigned and Pleads Not Guilly—The Astor House Deathbed Marriage—The Washington Marine Insurance Company—The Stock Exchange Litigation—The Stock Dabbling Lawyers— Miscellancous Cases. URITED STATES DISTRICT COURT—IN BANKAUPTCY, Phe Binivger Case—Important Question of Jurisdiction. Before Judge Blatchford. In the Matter of the Petition of Hardy, Blake & Co, vs. Bintnger & Co,—This case came up yesterday for trial, the question before the jury being as to whether Bininger & Clarke snould be adjudicated bankrupts. The matter has been some time in dis- pute and the facts have already appearea, Bininger & Co. were proprietors of the large wholesale con- cern at the corner of Liberty and Tem- ple streets. It appeared that some differ- ence arose between Bminger & Clarke at a time when, as alleged, they were unable to Meet thelr engagements, and that a receiver was appointed over the property, which was represented as far exceeding the liabilities of the tirm. Some of the creditors took steps to have Bininger & Clarke declared bankrupts; but as the property was placed in the hands of a receiver for its proper disposal they were restrained from taking ection. The case Was brought belore the United States Court, and it ‘was ses down for trial. Mr, Compton, with whom was Mr. J. F. Morgan, moved for an adjournment on behalf of Mr. Clarke, on the ground that one of his relatives was danger- ously tll, and that a postponement of the case was neeessary. He desired, moreover, to argue the ques- ton of jurisdiction; but at present he moved that the matter be adjourned. Mr, Bangs for the petitioners opposed the motion ‘and insisted that the trial should be proceeded with. Judge Blatchiord decided that the case should be tned. Evidence was then taken on behalf of the peti. tioners, showing that Bininger & Co. had contracved gebts with them, that when the notes become due they were not paid, and that the reason they desired to put the tirm into bankruptcy was to get their money. ‘The cashier of the establishment was next exam- ined, and testified as to the condition of the firm to the effect that their Nabiliues amounted to $215; Or $220,000, while their assets were irom $390,000 to $500,000. The average amount of their assets was about $400,600. Abraham B. Clark was then examined, and in reply to Mr. Compton stated that he had been ¢on- cected with the tirm since 1821 and had been a work- ing partner since 1836; the firm was much embar- rassed since the beginning of November last; Binin- er iasued paper without consulting him or telling iim what it was for; at that time there was 4 strin- gency in the money market and the issue of a large quantity was accordingly attended with depressing resulta, although the firm was largely solvent at that time, but there was nothing they could imme- diatly convert into money without loss or without jeopardizing the interests of the creditors; on the 4th of November Bininger served him with a notice of dissolution of partuership and in a few days afterwards he discovered that he had an animus ‘against him; subsequently Bininger told him that he Wiarke) had no ngnts 1n the pretiises, that be had Rot a “red conv” in the concern and that he would kick him out. The witness further stated that he had rights equal to those of Bininger and that he merely applied for the appointment of a receiver in order to protect the property for tue creditors. In cross-examimation by Mr. Bangs the witness Feterred to the property owned by the firm, inciu- Ging real estate 1n Virginia and the premises in this city, aud proceeded to give a statement of the re- ceipts in case the property had been auctioned. Had the wines been sold without advertisement they ‘Would not have brought half their vaiue. Alter some further evidence had been adduced Mr. Compwn addressed the jury, contending at some penae. that no act of bankruptcy had been committed. A lengthened discussion then ensued as to whether Bininger & Co. were solvent at the time the receiver ‘Was appointed. Finally Mr. Bangs moved to amend the petition, and the Court having granted the mowon the case Was adjourned till this moruipg. Condemned Property. The following property was yesterday condemned, no claimants having appearea after the return of the usual process had been made:—Five barrels of whiskey, found tn Front street; one still, found on the southeast corner of Ninth avenue and Forty- wixth strect, UNITED STATES COMMISS:ONERS’ CouRT. Alleged Revenue Frands. Before Commissioner Shicids. The United States vs. Thomas R. Blake.—The de- fendant was charged with carrying on the business of a retail liquor dealer at the corner of Hester and Ludiow streets without having paid the special tax required bylaw. The same charge was preferred against William Rappenhagen, who carried on busi- ness at No. 52 Hester street. Boti defendants were held to await the action of the Grand Jury. Illicit Removal of Spirits. The United States vs. Patrick Campbell.—The hearing of this case was resumed yesterday. The defendant was charged with aiding and abetting in the illicit removal of five barrels of whiskey upon Which the tax had not beeu paid. It appearing, however, by evidence adduced, that the defendant was entirely unaware of the transaction and was absent at the time of the removal of the spirits to his premises, Commissioner Snieids ordered the de- fendant to be discharged. ‘The Kurtzman Counterfeiting Casc. Before Commissioner Osborne. The United States vs. Oto Kurtzman.—As previ- ously mentioned, the defendant, an oid man, 1s charged with selling counterfett money to two boys, named William Bagg and Robert Parker. At the adjourned examination held yesterday nothing im- portant was elicited. and the further heariug was get down for Monday next, Larceny in a Foreign Port. Before Commissioner Betts. The United States vs, George McDowell, John Egan, George Hall, John Franks, Peter Lowdon ana Elias szowdon.—The defendants were seamen attached to the American ship Tatu. They were arrested on a charge of having stoien alarge quantity of nutria skins, part of the cargo, While she was anchored at Buenos Ayres. John McCarthy, @ seaman on board the vessel, testified that there were 3,000 or 4,000 sking in each bale; that he saw ® number of the skins in the prisoners’ bunks and appropriating them to ther own use, In cross-examination the’ witness testified thata difference had arisen between the mate aud the crew, and that although he had known of tue alleged robbery since the 15th of October he did not mention the matter unul after the arrest. ‘The further hearing of the case was adjourned ti) Thursday next, SUPREME COURT—CHAMBERS, An Insurance Squabbie—Motion to Punish As- signees tor Contempt, Before Judge Barnard, In the Matter of the Washington Marine Insurance Oompany.—it appears this company were declared insolvent under the laws of the State of New York, and it was consequently determined to have its affairs wound up, With this view a receiver was appointed to distribute the property equitably among the credt- tors, Subsequently the Ocean Insurance Company, of Matne, instituted proceedings against the Wash- ington Marine insurance Company to compei an ac- count. Assignees were appointed, who took posses- sion of some of the property, and the case now comes up on Motion to punish these assignees for contempt of court, and to have them arrested, It 1s claimed that the company’s affairs were exciusively in the hands of tho State courts and that, consequenuy, the assignees were not Justified in theiraction, A further motion was also made to restrain them from joiming in any suit against the receiver, Judge Barnard granted both motions. For mo- tions, Clarence A. Seward; against, Isaiah I. Wil- hams, Injunction Agninst the Stock Exchange Dine solved. Before Judge Barnard. Gillesme vs. Nevtson, President of the New York Stock Exchange,—This was & motion to dissolve an injunction restraining the defendants from enforo- ing the roles of the Stock Exchange against the a others, After argument by ex-Judge jarrett for the motion, and Mr. Marbury opposed, the Court granted an order dissolving the Injunction, Decisions Rendered. By Judge Barnard. Morford vs. Stmons.—Motion granted. Stevens vs, Post, and Purdonvs, Dimmick.—Mo- tions granted, and reference in each case ordered to T ©. Fields to hear and determine, Wales vs, Benoist.—Motion granted. Unvied Kates Insurance Company af Baitimore vs. Oarien, Sher (Ff, ot ai.—Motion denied, | NEW YORK HERALD, WEDNESDAY, DECEMBER 22, 1869.-TRIPLE SHEER, sheep 8: Thorp; Maloney vs, Loutrel.—Motions gran! Bull 08. Bull,—Motion denied, Hatnes vs, McKinley Ott Creek Petroleum Ot Com- pone, —Mation granted; Wm. Bartlet: appointed ro- wer. In re John 0. Robinson, an Attorney and Counsel- lor at Law.—Reterred to Wim. H. Tracy to report what, if anything, 1s due to Robinson as an attorney. Piésburg and McKeesport Car Company vs. Har- mon.—Order granted. Goodkind vs. Staford.—Motion denied and refer- ence ordered. Headhile sy Judge Ingraham. In the Matter of lhe Harmony Fire and Marine Insurance Company.—Motion denied without costs. Carey vs. Yuant.—PlaintiY stayed from any pro- ceedings on the judgment until the amount due bin from the defeadant 1s ascertained. SUPERIOR COURT—TA'AL TERM—PART I. The Stock Dabbling Lawyers—Hawkins vs. Blise—Verdict for the Defendant, with a Cene sure. Before Judge Monell and a jury, Colonel Rush C, Hawkins vs, George Bliss, Jr.— This interesting case, the particulars of which were duly chronicled m tnese columns last week, has cul- minated in verdict for the defendant. The jury went out at two o'clock on Monday afternoon and brought In @ sealed verdict yesterday morning, as tollows:— We, the uy find a verdict for the defendent, We censure the manver In which the business has been transacted, es- peciaily on the part of the defendant. After an allowance of $500 had been granted to defendant one of the jurors arose and said that if he had known that an allowance could be given be would never have agreed to the verdict in the world. ‘Thus far, then, the Wyoming Valley Coal and Rail- road Company’s stock has been wiumphant, Bliss panne “crammed” “Bangs” and “blis’’-tered Haw- kins, SUPERIOR COURT—SPECIAL TERM. Powers ef Courts of Co-ordinate Jurisdiction— Opinion by Judge McCunn. Leipsiger vs, Castelle.—Judge McUunn has ren- dered the following opinion in this case:— In this case we are called upon to say whether a court of co ordinate jurisdiction (the Common Pleas) has properly committed the defendant. We are of the opinion they have. En passant, if the party 18 heid in custody for contempt (as this defendani is), plainly charged in the commitment, he cannot be harged for informality in the drawing up of the recept. In @& matter of this kind a court is not umd to strictly lay down the entire form of a com- mitment in the very words; if the substantial form of the writ ts there this is sufficient, If the commit- ment 18 one which the court would have beén authorized to make under any circumstance, all judicial matters of regularity are to be presumed. ‘his is the doctrine entertained in The People vs. Nevens (1 Hill, 154); and aigo in the case in md Johnson, Ch. R., 198. These cases are leading cases to-day. ‘The only inquiry that can be raised under @ habeas corpus in cases of contempt is, first, the jurisdiction ‘or the tribunal by which the party is committed; second, the form of the commitment (The People vs. The Sheriff, 29 Barbour, 622.) So Jar as the first question 1s concerned it 1s not doubted but that the Oommon Pleas has jurisdiction; and, in re- gard to the last, as we have satd vetore, if @ com- mitment contains the substance, although some of the forms are uncomplied with, yet the commitment is good. The prisoner is in custody upon civil pro- cess, which process is regular upon its face, issued out of a competent court; he must, therefore, be remanded. With the question of defendant having the right to give bail to the jail limits we have nothing todo; this is purely a matter for the dis- cretion of the Sheriff. We believe, however, that officer has the power, in such a case, to take ball. The ‘Issue of en Eclipse”—Sporting, Racing and Betting in Kurope. Before Judge Freedman. Ten Broeck vs, Morris.—This was an action brought by the plaintiff, so extensively Known in sporting circles, to recover $40,000, alleged to be due him as a portion of the protits of racing Amert- can horses in Europe. Among other facts on which the plaintiff bases his claim is the right to recover a share in the profits arising out of the issue of the celeprated race horse Eclipse. It was claimed that the suit involves the examination of wrong accounts, betting books, expenses of training, transportion, &c., and on this ground a moon was made to send the case before a referee. Decision reserved. COURT OF GENERAL SESSIONS. DANIEL M’FARLAND ARRAIGNED FOR THE ALLEGED MURDER OF ALBERT ©. RICHARDSON—THE DB- FENDANT PLEADED NOT GUILTY—INTERESTING FACTS RELATIVE TO THE ACTION OF THE GRAND JURY ON THE DEATHBED UNION OF RICHARDSON AND MRS. M’FARLAND BY BEECHER AND FROTH- INGHAM. Before Recorder Hackett. At the opening of the court yesterday morning Districs Attorney Garvin entered and said:—I move that Daniel McFarland be brougat to the bar for the purpose of pleading to the indictment. Mr. McFarland approached, and, after shaking hands with his counsel, Messrs, Spencer and E. T. Gerry, took a seat in their midst, and rose upon the summons of the Clerk. ‘The Clerk (Mr. Sparks)—Put Daniel McFarland to the bar. Addressing the prisoner—You are indicted for murder in the first degree tu killing one Albert D. Kichardson, by shooting him with a pistol loaded with gunpowder and ball, on the 25th of November, ae ee demand @ trial. Are you gullty or not guilty Mr. Charles 8. Spencer (one ef the counsel)—The defendant pieads not guilty. The Recorder—Let him be remanded for the present, After conferring for a few moments with his coun- sel Mr. McFarland was removed by ove of the oificers and taken back to prison, ‘The followmg 18 a copy of the indictment:— City and C of New York, #.—Tho jurors of the people of the State of New York, in and for the boay of the city and county of New York, uvon their oath, present that Daniol McFaviand, late of the Fourth ward of the city of New York, in the county of New York aforesaid, Iabore the fear of God before his ey vember, fn tI and sixty-nine, at the city and county afor and arms, in and upon one Albert D. Richardson, in the pence ot the people of the State then ani there ing, wilfully, feloniously and of his ‘malice afore- thought,” did make an assault, and that the said Daniel McFarland a certain pistol, of ‘th dollar, then and there charged aud loaded wi done nd in his right hand then and there had and held to, at, against and upon the safd Albert D. Richardson, then and there feloneously, wilfully and of his “malice aforethought,” did shoot off and discharge, and that the said Daniel McFarland with the leaden bullet aforesaid, out of the pistol aforesaid, then and there, Oy foes, Ot she gunpowder, afore: said, shot of, wevt forth, and discharged, as aforesaid, Albert D. Richardson in apd wy on the lomen of Albert D, Richatdadny then aud there fe1on\- ously, wilfuily, and of bis ‘“imalie aforethoughi,"*did atrike, penetrate and’ wound, giving to him, the said Albert D, Kicvardson, then and there, with the leaden bullet aforesaid, 80 a8 aforesaid discharged, went forth and shot out of the -pistol sforesaid, by the said Daniel McFarland in and upon the abdomen of the said Albert D. Richardson, one mortal wouod of the breadth of two inches and of the depth of eight inches, of which sold mortal wound he the said Albert D. Richardson at the ward, city aud county aforesaid, “from the day first aforesaid, ‘and in the year aforesaid, “uotli the Xl day of Dacember, in me year aforesaid, did languish, and lang! im which aid 3 day of December in the y said Aivert D, Richardson at the ward, city and ‘oresaid, of the said mortal wound” did die. And so the jtirors aforesaid, upon their oath aforesaid, do say that he the sald Daniel McFarland him, the said Aivert D, Rich ardson, in the manner and form, and by the means afore- sald, at the ward, city and county aforesaid, on the day afores id, wilfully, feloniousiy and of hia “malice kil and’murder against the form of the statute In such case made and Againnt the peace of the people of the Stato of New York aud their dignity. BAMUKL E, UARVIN, District Attorney. It will be remembered that on the opening of te term Recorder Hackett, in his charge to the erand Jury, called their atcentien to the Richardson- McFarland case, and aiter giving one or two prac- tical hints as to how they should conduct che investi- gation necessary to be made before an indiciment could be found, also suggested the propriety of in- vestige ng the conduct of the clergymen who sulem- nized the deathbed marriage of Richardson to Mrs. McFarland. The Grand Jury did direct their atven- tion to this matter, but a formidable difficulty pre- sented itself in the progress of their investigations— viz., that the celebrated Theodore Parker, of boston, who united Mr. and Mrs. McFarland in the holy bonds of wedlock, is deceased, so that no tdict- ment for a violation of the statue against bigamy could be found against any parties by the present Grand Jury. It ts bighly probable that the neces- sary evidence to warrant tue finding of such a bit wili be forthcoming, and that the Grand Jury to be sworn next month will renew the investigation. SENTENCE OF OFFICERS HANNIGAN AND REMSEN PONKD. OmMcers Hannigan and Remaen, who were con- victed of grand larceny on Monday, were arraigned for sentence. At the request of Mr. McKeon and ex-Judge Stuart the Kecorder remanded Wem ull Toursday, tn order to atford counsel me to make a motion for a new trial, The Assistant District At. torney staced that an anonymous letter containing $500 Was sent to a Catholic priest and by Lim seut to Justice Connolly. ‘the communication stated tiat the above sum was part of the money taken trom Mr. Wells, the compiainant against the oficers. Ag Mr. Wella was desirous of returning to Kentucxy, the District Attorney suggested that the monuy should be handed to the plainant, The Recorder said he would give no order tn the matter until after te motion for a new trial was decided, James Donaldson pleaded guilty to an attempt at grand larceny, he having, on the 8th of Uctober eS $246 Worth of jewelry, the property of Joon W er. James Muir pleaded gulity to an attempt at bur- g@iary in the third degree. On the 20th of October he burgiariously entered the premises of Williamson & Kitch, No. 2s Broadway, and stole a coat vaiued at six dollars, Donaldson and Muir were each sent to the State Prison for two years and six months, GRAND LAROBNIES, John Caiman was charged with stealing a watch worth eighty dollars from Thomas Conolly on the 16th of November. The complainant identified another man aa betng the thief, but a police oMoor found the prisoner next day in acendy shop with ‘she wate! hie possession, Mr. Howe subjected ag rovided, and ST the oMcer to a searching examination and the jury rondered a verdict of not guilty without leaving thelr seats, The Grand Jury brought tm a nuwber of indict- ments, and in the afternoon the prisoners were arraigned and pleaded not guilty. Charlies Robinson was tried and acquitted of s charge of Jurceny, preferred against him by Joseon Isaac, Who wes @ passenger on board the Daniel Drew from Albany, on the 2d instant. In the night time ne lost his watch, which he charged the pri- soaer with taking, Joseph Roberts charged Samuel Halsey with stao- bing him in the back with a small table knife, at Mrs. Lambert's boarding house, in University place, on the 6th inst. Tue compiatnant and’the aeteudaut were colored waters, and had a quarrel about @ kettle of waier, Joe swore that, without any pro vocation, Sam stabbed nim several times. When Sam’s turn to swear came it appeared that he waa a member of the Baptist Church, in good and regu+ jar standing: that he sougnt to avoid a quarrel, and, to use his own language, ‘‘was praying to God to keep my mouth shut When he used bad language to me;” that Joe struck him first, fattened his nose and blackened his eyes, The jury believed his story and rendered a verdict of not gullty. The following is the calendar for to-day:—The Peo- le va. Robert O'Connell, bigamy; Same vs. Walter: Jamilton, lorgery ; Same vs, Andrew McAlear, James McGuire and James McGuiness, robbery; Same vs. Michael Harvey, robbery; Same vs. George Sipp, felonious assault and battery; Same vs. Thomas Williams, Burglary; Sawe v. Herman La- agendorf, grand larceny; Same vs. John Jackson, grand larceny; Same vs. William Watson, recetving stolen goods; Same vs. Jobn Canfield, grand lar- ay Same vs. Mary Hawkins, grand larceny; Same vs. Frederick Pfeifer, lorgery. COURT OF SPECIAL SESSIONS. Before Judges Dowling and Kelly. A GERMAN “SAW GRINDER” AND HIS WIPE. John Reinhardt, a tall, bony, large-eyed German, by trade @ pedestrian scissors, knife and saw grinder, was charged by his wife Anna with assault and battery. Mrs, Reinharat said sne was under the impression that ‘her husband was not right in nis head,” for he was very jealous of her, and any man who would be jealous of her must be a fool. His jealousy went to such great lengths that he would lock her up in a room if he went away and would keep her in the store and not allow ner to leave, so that she had scarcely five minutes of time at her own dis- posal during the last year of her married life. In additton to this he had cruelly assaulted and beaten her, knocking her down on the floor and then kick- tug her, marks of which were visible upon her rs0n. Porudge—Well, John, what do you say to this? Defendant—Weil, Judge, she is one ——; she does that which 1s not right, and fas a good many friends, and they are not women. Complainant—Tnat is not trae, Judge., I am a rudent women, and have had three chilaren; one now living—a little ee Judge—Well, if I let him go will you take him home with you? Complainant—No, I don’t want him; he is not a good man. Ican do better without him than with him. I want to have nothing to do with him any ore. Judge—Well, I'l! remand you, John, for a few days. You come up here again on Thursday and then your wife may have altered her mind. “a BEAD? DEFBATED. A middle aged man named Nathan Pulvermuher charged WAY, Meyers, ® woman of @ similar age, with poobing him of fifteen dollars. Nathan said he met this woman in the middle of the day in October last, and that they went toa house together, and she there robbed him of the above amount. A few days ago he met the defen- dantin Broadway and cansed her arrest, because he Mensllled her as the woman who had robbed him in tober. ‘The woman, with great protestations and evident earnestness, asserted ber innocence and gave her address, and said she was a respectable married a and never saw the man before he caused ber arrest Mr. Hummel, who heard her statement in the police court, voluntarily yndertoox berdefence. From the description the cdtiplainant gave of the mode in which the robbery took place the court deciinea to believe him and discharged tbe defendant. ANOTHRR CASK OF MISTAKEN IDENTITY. Ludwig Keryle and Louis Kiegler were charged, on the complaint of Simen Oberdorfer, with attack- ing him and violently beating him, in Essex street, on the night of the 12th inst, ‘The complainant said that the two men were of a party of eight who, without any provocation and quite strangers to him, Knocked him down and struck him on the head, inflicting injuries that he bho now compelled to be under medical treatment for. A number of witnesses for the defence were called by Mr. Hummel, and the result was that it was clearly @ case of mistaken identity, and the prisoners were discharged. COURT CALEWDARS—THIs DAY. Supreme CourT—GENERAL TERM.—Before Judges Clerke, Ingraham and Sutherland. Argumentin the Real case. SUPREME CoURT—CIRCUIT.—-rarta 1 ana 2.—Ad- Journed unt! Tharsday. SUPREME COURT—SPECIAL TERM.—Before Judge Cardozo. Court opens at half-past ten A. M.—Ni 33, 56,°57, 189, 203, 219, , 216, 220, 4, 5, 6, 10, 16a, 166, ‘168, Ini, ‘171, 119, 19%, 212, Surreme Oourt—CHaMBers.—Held by Judge Bar- nard. Call of calendar at twelve M.—Nos. 105, 106, 108, 109, 111, 112, 212, 217, 213, 114, 115, 116, 118, 123, 127, 128, 129, 93, 135, 130. Surenion COURT—TRIAL TaRM.—Part 1.—Before Jadge Monell.—Nos, 246, 803, 1151, 783, 3520, 1295, 1297, 1307, 721, 1077, 1227, 1196, 1213, 1221. MARINE CouRT—TRiaL TBRM.—Part 1.—Before Judge Curtis. Call of calendar atten A. M.—Nos, 4215, 4544, 4176, 4279, 4202, 4380, 4408, 4400, 4443, 4534, 4546, 4547, 4552, 4653, 4668, 4407, 470. Part 2.—Before Judge Alker,—Nos, 4583, 4052, 4363, 4350, 4411, 4421, 4522, 4601, 4603, 4604, 4605, 4606, 4607, 4608, 4609, 4610. drTy INTELLIGENCE. Tar WEATHER YESTERDAY.—The following record will show the changes in the temperavure for tno past twenty-four hours in comparison with the cor- responding day of last year, as indicated by the thermometer at Hudnut’a puarmacy, HRALD Buid- ing, corner of Ann street:— 1868, = 1869, 1868, 1869. “4 20 45 40 a“ 31 41 “4 44 35 40 368 48 36 12 + 38 35 Average perature yesterday . 34% Average temperature for corr te last yea ~ A CARELESS POSTMASTER. of the Thirty-second Police precinct yesterday morning fouud the door of the Yonkers Post Ojitice open, Nothing bad been abstracted, luckily. Farat AccipENT.—Jean Jourde, an employé of the Western Union Telegraph Company, fell from a sixth story window in the telegraph buflding yesterday morning and Was instantly Killed. He fei a distance of eigity feet. Tur YOUNG MEN’S CHRISTIAN ASSOCIATION an- nounces a serics of holiday concerts to be given in their new hall, the first of which takes place this afternoon. Mis# Keliogg and other eminent artists Wil appear, A New Way OF SECURING DerosiTors.—Yester- day moraing an officer of the Sixth precinct found the door of the Citizens’ Bank, No. 53 Bowery, open and the key in the jock. Fortunately the burgiars were ail asicep and nothing was carried away. Dear FROM BuRNS.—Coroner Rollins was yester- day notified to hold an inquest over the remains of Mra, Mary Monelate, of No. 133 Cannon street, who died from the effects of barns received on Sunday last by her ciothes taking fre from a hot stove ve- side which she was at work, Dixp IN A C&LL.—On Monday last William Wil- liame, @ man thirty-three years of age, was ar- raigned before Justice Dowling on a charge of drankenness and disorderly conduct and committed to Tombs, During the following night Wiliams became worse and died tn his cell. Coroner Flyun was notilied. Masonic,—The following officers of Normal Lodge, No, 623, were elected on Mpnday:—W. M., Charles Beesly; S. W., Horace A. Bliss; J. W., Theodore A. Peters; Treasurer, Samuel Cohen; Secretary, Robert Stephenson; 8. D., Dudley A. Beekman; J. L., Joseph Serauss; 8, M. iH. Simberiand; J. M. 0.) James Potts; Trustees, W. H. Down, George H. Mitchell, William Mela. THE OBNTRAL OFFICH BROKERAGE BUSINE ‘The announcement in yesterday morning’s HERALD of the fact that during the rash to the Central office yesterday certain attachés profited by the necessities of inspectors of election Who desired to receive their pay, and bought up thpir claims, fell like a bomb. shell into that ostablisoment. Yesterday the sawe rush occurred but the sharpers were unsuccessful in negotiating the purclase of claims, THE SHORT AFTKRNOONS.—This is the period of the winter solstice and the shortest days of the year. In this latitude the day is nine hours and fourteen minutes in length. In London still shorter. At St, Petersburg, Russia, the day 1s but five hours long, much further north Dut one nour, While north of north latitude sixty-six and a haif degrees, there 1s no da} The period of sunr will take piace at tue North Pole and sunset at the South Pole on March 22, 1871, A Prorest,—Yesterday morning, on reading in the papers the transfers of police captains, the good people of the Tenth precinct were grieved and aston- ished. At ten o'clock a delegation of citizens, headed by Police Justice Scott and Alderman Walsh, called upon President Bosworth and asked that Cap- tain John Ward, transferred to the ‘Lbirtieth pre- cinct, be retained in command of the ward. is not known whether the Leng which was witifout Captain Ward’s knowledge, will be successful, but that oMocer will obey orders in the premises. Langs Garman Ponsaal.—Mr. Saladin Klein, father of Captain Caries Klein, of the New York Cavalry, dicd at the ripe old age of seventy-cignt years, and his funeral toox place yesterday from the residence of Captain Klein, on the Bowery, agponie Spring street. Rev. Dr. Gaisenbeimer, of the Lutheran Charch, assisted at the funeral rites. A very large concourse of people had assembled; among them General Barger and his stam. About 1,000 people, friends of the deceased, were in front of the building as the cofin was brought out, and all uncovered their heads, As the procession passed off over flity carmages followed the hearse to Greenwood Cemetery, YouNG MeN’s CuRISTIAN AsSOCIATION.—The Eastern branch of this association held their second public meeting last evening mm their spacious room 473 Grand street. A large number of mem- bers were present, also a nuniber of ladies, who seemed to enjoy the entertainment very much, Which consisted of singing, essaya aud readings by the members. A subject of debate, “Should Religious Socletics receive any Support from the Public Treasury?’ was argued by Messrs. Best and Craig in the aifirmative, and Measra, Abbott and Giblett in the negative, each being allowed fifteen minutes’ time. The President decided in the afirmative, which geemed to give general satisfaction, HISTORY OF MusiIC.—There was a fashionable and highly intellectual gashering at Weber’s piano warerooms, corner of Sixteenth street and Fifth avenue, last night, to listen to an address, the fourth of @ series on ‘The History of Music,” vy Monsteur Frederick Louis Ritter, the distinguished composer. ‘The large room Was brililantiy lighted, the toilets in gay Unts and loveiy favrics shone out with particular lustre, and the audience were delighted with the in- tellectual feast served by Mr. Ritter. ‘fhe speaker, after referring to the origin of music in its diferent brat went on in that peculiar foreign accent of the Kngiish tongue so delightful to the Alericam eat, to investigate melody and harmony as sciences and arts, The Land alluded to the chronology and progress of é art, and elucidated many valuable and interest- s points relating thereto, POLICE INTELLIGENCE. A Rericu.ous RobpERy.—James McEvoy, who Was arraigned on Monday before Justice Connolly, on a charge of stealing @ reticule belonging to Ellen J. Walker, of 162d street and Tenth avenue, was yes- terday brought up on remand at the Yorkville Police Court, Omicer Rose and detective Mee, of the Twenty-first precinct, who arreeted him, presented before the court sufficient evidence as to bis guilt, and he wus committed vo stand tus trial at the Court of General Sessions. A DOUBLE CHanGR.—Isaac Stevens, eolored, was arraigned before Justice Dodge, at Jefferson Market, yesterday afternoon, by detective McConnell, of the Twentieth precinct, upon complaint of Mary L. Rob- inson, of No. 205 West Thirty-fourth street, charged With stealing one silk skirt frum her on the 10th inst., valued at forty dollars, He admitted the charge, and was committed in default of $1,000 bail to answer. John Ferguson, of the same number, also charges thaton the same date he stole forty dollars in money from him and clothing valued at $100. He denied the latter charge, but was com- mitted in default of $1,000 bail. JUVENILE THIEVES.—At the Yorkville Police Court yesterday afternoon, before Justice Connolly, Daniel Becker, Jr., of No, 896 Second avenue, charged Michael Larkin, aged twelve years, Thomas McDer- mot, aged eleven years, aud Thomas Donovan, aged eight years, with stealing a quantity of lead pipe, valued at $100. They confessed to having stolen the goods, and were committed for examination. The Same three boys were charged by flerman Greffelt, of No. 411 West Thirty-sixth street, with having, on the 19th of December last, stolen a hempen rope valued at ten dollars. In this case they also au- mitted the charge and were committed for trial. HOW THIEVES ARE MADE POLICEMcN. TRIAL OF CAPTAIN BE ETT. Gross Neglect of Duty—The President of the Board of Aldermen, a Police Justice and an Assembly- man Mixed Up in the Case. The readers of the HgwaLp will remember that a few weeks ago a patrolman famed Edward Brani- gan, of the Seventh precinct, was tried before tue Police Commissioners on the charge of perjury and dismissed the force. The offence consisted in swear- ing in bis application for appointment that ne had never been arrested. The evidence showed that he had been arrested five times, three of which were for grand larceny. On that triai it appeared that Cap- tain Bennett, of the Thirteenth precinct, to whom the papers bad been sent to investigate Branigan’s antecedents, reported that he was ‘‘a man of good character and reputation.” Immediately after the trial, which resulted in the dismissal of Branigan, the Commissioners felt scan- dalized, and put Captain Bennett on trial, for the purpose of relieving-themeelves of the responsibility of the appointment. The strangest part of the case ig that Branigan was one of Commissioner Henry Smith’s appointees, and that his endorsers were Al- derman Coman, Police Justice Shandley, Deputy Tax Commissioner Shields and other democrats. Yesterday the hearing of evidence in the case of Captain Bennett took place before Police Commis- moners Bosworth, Brennan and Manierre. Cuief Clerk Howley gave testimony to tue records of the case and the report of Captain Bennet, when witnesses for the prosecution were called. Officer buchanan, of the Eighth precinct testified that on the 19th of April, 1868, he arrested Branigan in the act of stealing cotton; at that time Branigan was well known to the police, and had a bad reputation for months before the arrest; Mr. Vought, late of the Seventh precinct, stated that he arrested Branigan in the summer of 1867, for assaulting an oiiicer; this reputation was bad. Ex-olticer Bapp, late of the Seventh, swore that in 1965 he arrested Branigan for assault and bavtery, but at that time kuew nothing of his previous reputation. umicer Robert Connor swore that he arrested Branigan in 1866 for stealing cotton; but he was not identified by the complainant, omicer Drucken, ¥ ‘wenty-aixth precinct, testified thal mm 1865 he arrested Branigan on suspicion of lar- ceny. This closed the evidence for the prosecution. Captain Bennett was sworn in bis own behalf, testified that on receiving the order to investigate the character and antecedents of Branigan and two others he gave the papers relatibg to branigan to car detective Johnson, Who reported that the apph- cant bore an excellent reputation; witness stated that, like other captains he was not in the habit of Making personal Investigatrons, notwithstanding that big returns represented that he had made the inquiries. Detective Johnson stated under oath that a few hours after Branigan’s papers were put in his hands omicer Brady, of bis (Thirteenth) precinct, asked him if be knew who had Branigan’s papers, and on being informed that witness had them Bray voluatecred the information tiat he had known Branigan for fifteen years and he was “an excelient young man;’ Witness could {nd nothing against the char. acter of the applicant; Assemblyman Gaivin and a Mr. Archibald Irwin, of Goid street, bore testimony to Branigan’s excellent character and both of taem guaraniced to be responsibie for the good standing of the alleged thief if he reported favoravly. OmMicer Brady was here called and admitted that he had given Branigan @ good eharacter; was tuti- mately acquainted with him in 1867 and 1868; never heard of lis arrest in those years, but had heard of hia arrest for assauiting an officer; at the time he recommended Branigan to officer Jolinsoa he sup- posed Branigan had putin his report the fact that ne had been arrested for assault. The last witness was submitted to a scathing cross-exainination, aud will likely be placed on wal for bis connection with the case. The evidence was referred to a full board for its Judgment. TRE KiDNAPPING CA’ Adjournment of the Hearing on the Writ of Habeas Corpus Before the Supreme Court. Dr. Lewis and bis daughter Corinna, appeared at the Supreme Court, before Judge Cardozo, yesterday morning. Miss Coriuna was very gayly attired in scarlet, ner long flaxen hair flowing gracefully around her neck. Her father, as she took her seat near the table, removed her hat, and a very pretty, childish, but bright, intelligent face was at once re- vealed, She glanced around the court with the per- /f-poasession of a little lady. Her father mtro- to one or two gentlemen in court and she entered into avery engaging, animated chat, smiling very innocently and gracefully. She was not by any means awed by the judicial solemnity that was ail about her, On ibe application of Mr. W. F. Howe, who ap- peared for Mra. Lewis, any further proceedings in tie case were staid unui Thursday. Mr. Crosby, Who is retained for Dr, Lewis, asked the Judge i! he would make @ disposition as to the custody of the child which would be other than that of Captain Jourdan, He had nothing whatever to complain of, but there Were obvious reasons why tie little girl would be more comfortable at a hotel. Judge Cardozo said that he had the greatest con fidence in Captain Jourdan, and he should not make any order that would interfere In any way with the exercise of that judgment and kindness he was sure the Captaiu would show to Miss Lewis, ‘The father might be permipted to see the daughter at s0n- able times of the day. He was, however, not to sicep at the house where the daughter slept, uniess it suited the convenience of those who had the care ot her, He would make the writ retarpapie on ‘Thursday morning at ten o'clock, THE MINING HORROR, DESCRIPLION OF THE MINE. Details of the Caving In—Destruction of the Houses and Burial of Their In- mates—Recovery of Some of the Lodies — The Inquest — The Cause of the Horror. Srockron, Dec. 21, 1839, The Alleghanies are in mourning. The hearts of the people are filled with gloom and apprehension, and, as if in sympatny with the sorrows of the agonizea relatives and friends of the un- fortunate beings swept from time into eternity by the terrible catastrophe of Saturday, nature has covered the verdure of the hills with a snowy pall, and the wees droop beneath the weight of their mournful attire. Houses built on the mountain top are proverbially secure, but here, on this elevated spot, 1,700 feet above the level of the sea, the highest point in Pennsylvania, human beings are trembling with apprehension, not Knowing the moment when the earth shall auiver beneath their feet and hurl them into the depths below; and here sixty, perhaps @ hundred, feet abvove the place where these habita- tions once stood seven persons, full of life and health @ moment before their call, still Ne buried amid wreck ald ruin, beyond hope and lost forever. The mountain is their tomb, and the cola wintry wind that whistles along its brow is their only requiem. The people come and goto and from the scene of the calamity in great numbers and intense excitement prevails. The yawning chasm sull spreading, still craving for vic- tims, is the object of most attraction, for the bodies of the three unfortunates, recovered on Sunday, are hid from view in boxes awaiting burial; but those who veuture near the dangerous gui ph are ignorant of the risk theyrun, Cracdling noises are beard from time to time, and the earth slips down from the yawning sides with a thundering roar. The gricf of the friends of tie vic- tims is mixed with personai appreiénsion; for, owing to the want of proper surveys of the mines that lap the mountains here on every hand, no one knows when or where the next creak may be heard, and the next pilot of ground sink and disappear with all above it, The ne.guborhood of tue disaster is fairly panic stricken; for those best quajified to judge unhesitatingly declare that sooner or later the whole town of Hazelton must go down. For the causes of this alarming condition of things I am not now able to indicate who will be charged with the responsibility, but before the close of my letter I hope to be able to present such facts as will enable the ublic to form a correct view of the state of aifaira hich rendered this terrivie disaster possible. ‘The acknowledged fact that the entire neighborhood of Stockton, a8 well as the town itself, is undermined, and in many places very near the surface, and that a greater calamily may occur at any moment, call for a more elaborate account of the origin, exteat and characterisuics of the accident of Saturday morning than has yet appeared, I therefore pro- pose—having just completed a careful examination of the mine as far as | coald go—to furnish you with the result of my investigations, With this purpese In view, however, | must commence at the beginning, even at the risk of being cousidered tedious. HISTORY OF THE MINE. ‘The mine in wich the accident occurred had a working capacity ol two thousand tons per day, aud was owned by Misses Linderman &Skeer. Previous to the organization of this firm K. A. Packer, the same who failed for a million and a hair in New York about two years ago, was proprietor of it; and the first shaft was opened and the first operas commenced in it by W. T. Carter, an Engiish miner of great experience, who was ‘also priacipal pro- prietor of the mine. The name by which the place Was known in the mining districta was the “East Sugar Loaf.” When Carter retired from business some fifteen years ago, his workmen had ceased to work that part of the muive immediately below the town in consequence of a “fauit’ being found, that is, @ layer of rock presented itself and cut off the vein of coi It appears that they aid not know how many feet near the surface tmey had got, as no survey of the mime was ever made by Carter, but there is abundant evidence to prove that they considered the ground above perfectly secure. lt is usual for miners when the vein has been followed up to fault’? to abandon that particular portion of it, and im retreating to “rob the mune,’ or in other words, to remove the pillar of coal which during the working propped the subterranean editice, If Carter's men did this It would not have been considered unusual or improper, even though the surface should fall in immediately after they bad secured their retreat from the mine; but it seems to me, although attachés of the present owners of the place loudly assert the contrary, that Carter never ordered the removal of the pillars, or if he did, that his order was not obeyed. cker may or may not have “robved” the mines in some places; that he did not disturb toe pillars im the place Where the accident of Saturday occurred ts evident, for two of them are still standing. But that the present pro- prietora had commenced the “robbery” and were actually at work in the gallery nearest the surface a few hours before the falling in of the topping tncre 1s now no doubt. At the official investigation—if ever there 1s one—there will be many opposing ele- ments and poasibly much bard swearing; but lam inclined to think that there will be very little differ- ence between this report of the accident and its causes, in the recital of material facts, and that of official inquiry. THR SCENB OF THR DISASTER. Miners generally retire to sieep early and rise be- tween five and six in winter. The little community of 1,200 workmen and their families were wrapt in sleep on Saturday morning last at hait-past four o'clock, The scattering town of Hazelton, of smail cabins for the inferior Working men—Irisn, Weish, English and Germans—and frame houses occupied by the miners proper, Was as silent as the grave. The sky was clear and the aspect of the scene peaceful. A light glimmered here and there on the mountain side where working men were preparing early for the labors of the day, but more brilliantly shone the caim Christmas moon gleaming over the mountam top and illuminating the deep valleys and bringlug out inio bold reitef the huge doulders of rock over which stood sentinel like the tall pines, firs and hem- locks, streaked thegnarrow road that rong through the town & hundred yards from the depot of the Lehigh Valley Railroad, and brougbt inv clear view the paralle! lines of the ratiroad a east aud west from Miher sd to Hazelton. One-half hour more of sflence, and the doors of the wooden houses facing the street would be alive with men, women and children; lamps would gleam in place of the then descended moon, and the hardy miners would have bined to their daily labor in the bowels of the earth. THE CATASTROPHR. But while nature’s night light still lingered on the mountain’s brow and dasied streaks of sliver on the tree tops and overhanging roeks the quiet village was disturbed by the loud wauing of a dog. ‘The brute did not cry with an ordinary yelp. No human 108 Was near; no apparent danger stimuiated him to bark, but he made the echoes ring with his persistent barking. Mr. Wetterau was awakened by the barking of the animal, and finding that there Was no prospect of his quieting down put on his clothes and went out to the butiding where the ani- mal was. He then eaw the cause ofthe alarm. A house near by stood leaning forward, and by the un- certain iight it seemed to be falling. A loud crash. ing was heard, and the earth beneath him appeared to be moving. At this moment the moon sunk denim the opposite ill, and the scene was shrouded in Impeneira- bie gloom. Wetterau instantly comprehended the situation and rushed to bis house. He was nearly too late, His daughter, a young girl of sevea- teen years of age, being also aroused by the creaking ofthe timbers of the fryme buliding and the per- sistent Lead 3 of the faithful dog, rushed out tn alarm, clad only in her night clothes, and as she did 80 the earth opened before hey and she was precipi- tated to the abyss. Happily, however, at this moment the inhabitants oe: several other houses were aroused by the shaking of the earth and the Jow rumbil noises from te earth and were rushing about in terror. One, more cool than the otuers, Jonn Hoskings, saw her fail, and desperately atte.npred a rescue at the peril of bis own fife, Otuers speedily joined, and the unconscious girl was Mnally dragged out from the jaws of death by the stalwart arms of the assembled miners, almost dead with cold and crushed by the falling inbers, In the meantime the houses iinme- diately over slope No. 1 sunk with the eartn, and two families, Who had not heard the alarm, weut with them into the yawning chasm. It was dark uow, but much biacker was Space 120 feet aquare or thereabouts which marked the en- trance to the depths into which the four houses and ten human creatures had sunk from view. The names of the lost ones are Mr. Swank, stable boss for the cempany, his wile and two children; Mr. Rough, wife, mother and three children. Swank went out to see what the matier Was and had a lamp in his hand when the alarm was given, aud when he discovered that the ground was ylelding ran back to eave bistamily. te was too jate. The house turned over hita as ite entered the qaoor and all perished together. Mrs. Kough could could have saved herself, but while there was yet time she broke from the arms of ber husband, who Was urging her out, and ran back to save her aged mother. Rough waited for her, aud mM another minute the earth opened its jaws and received thein. In the same row o houses, or rather in houses on the same line with those destroyed, were several persons who very narrowly escaped destruction, ‘The Stockton Hotel, close to the crop of (he mine and about thirty yards from the railroad, escaped, as did also several lesser bulidings on the edge of the chasm, but (hat they will stand very long is, at least, questionable, OUTBREAK OF THR FIRE. A fire broke out amid tne debris at the bottom of the hole immediately, and at one time tt seemed as if the mine was doom to destruction. Happily, however, it was only the tumber of the houses that had caught fire, and this terrible danger was on added to the calamity that smote the hearts of the crowds now gathering around the mouth of the crater, Word was sent to Stocktoa at once and the bells of that hilly town began to gonna Lehigh Valley, arousing the éntire unit with their quick-repeating peals of apes dan- ger. The volunteer fre company of Hazleton, yo Coionel Lies ergs chief engineer, and Mr. J. Tomlinson, chief engineer of engine No. 1, turned out and proceeded to the scene of the disaster with all speed. The distance was two and @ miles by the road, anda keen, cold wind blew in the faces of the men; nevertheless the engine was on the ground very quickly after the first alarm. Two streaths of water were poured on the burning mass from that hour (half-past seven) until eight o'clock in the evening, when all danger of a general confa- gration wasover. It is melancholy to have to remar® on acts of inhumanity, but the truth must be told. The indifference of the crowd who surrounded the pit during the day was disagreeably manifested, and unbecoming levity was indulged In by many men and women. Men were heard to speak carelessiy about the matter, and it was evident that the fell Spirit of faction or nationality 1s active here amon the miners, trish, English, Germans, Welsh and Americana, they have alla common interest in the well being of vuerr little soctety; but it would seem that each gang holds itseif independent of ana above the otner, and vat there is no community of feeling. THE FIRST BODIES RECOVERED. Six hours alter the first crash another piece of ground east of and near the large pit gave way with a loud crash, but happily without carrying with It any of the people who were standing by. The fire- men immediately Cage the ground wih ropes aud guarded the approaches to the hole ag best they could from the encroachments of the crowd. There could not have been less than 4,000 people thereon Saturday at any time. The day broke clear and fine, but about ten o’clock rain {eli in corrents, then sleet, aod finally snow covered tie ground and whitened tie forest trees, mouratully sighing ana waving their white tops above tue jatal chasm. Dark clouds careened aloft, from whose musty lids the tears of heaven laliing on the vacant places of once happy home@ » had frozen into snow. The scene was desolate and mournful in the extreme, and gloom filled the hearta of ail but the most callous of the people. The miners went tw work heartily under the di- rection of Dr. Lindermann (a member of the firm), but up to Sunday at four o'clock they had not succeeded In reaching the place where the bodies Were supposed to lie, Shortly afver that hour, how- e @ pickaxe driven far into the loose earta brought up @ piece of an arm, and soon alter three bodies were disclosed to view. They were horribly distigured. Tbe tirst brought out was Mrs. Swank, who was partially dressed. Her neck and legs were broken; her head was crushed in on the sides and the skin on her body was peeled off. This latter evideuce of the nature of the disaster wae doubtless caused by the water which trickled through the earth on her while she was in the midst of the burning Umber of the house. Mrs. Swaak’s daughter was the next body discovered. She was also {rightfully disfigured. The little child, ap- lerhyae J two years old, which, covered with lanket and in the arms of the poor girl, was scorched and bruised beyond recognition. These remains were carefully removed to the surface and laid tn boxes preparatory to their being deposited in comns for the inquest and burtal. As far as I cun learn the Lehigh Valley Railroad Company afforded every facility to thoze who en- gaged tn the labor of exhuming the bodies, placing special trains and men at their 1. Mr. Clarke, master mechanic of the Ratir works here, was exceedingly active. No faultcan be found with the action of the mining company atter the accident. They appear to have been energetic and sincerely desirous to circumscribe the danger. THE INQUEST. An inquest was held yesterday on the bodies re- covered by Justice W. P. Cartwright, Deputy Coroner; but, as it was merely to aiford the friends an opportunity of identifying the remains, 00 evi- dence as to ihe causes of the disaster was taken. That will come off when all the bodies are re- covered, if they ever are recovered. The miners, to the number of Ofty or sixty, are working day and night searening for the remaining seven bodies, but they bave dimcult and dangerous labor before them. ‘fhe ground gives unmistakable evidence that snotier falling in may be expected; mm fact, as 1 write, one side of the pit to tue extent of several feet has {ullen in. Shoula it extend in the same direction for fifty yards this letter will never see (he HERALD Office. CAUSE OF THB ACCIDENT. Now, as to the cause of the accident (so called), I have to say a few words before I close. When tae present company commenced to work this mint some twelve Mouths ago, It was thought that No. slope was fully worked out, and was not, therefore, touched, Carter, the: worked it within twenty feet of the surface. It seems, however, that recently orders were given, or understood by the miners, that the supporting pillars in this particular part of the mine should be removed, or, Im other words, that the mines should be robbed pre- vious to betng abandoned. The workmen com- meneed st them Just week, it seems, and were nearly finisbed on hots At twelve o’ciock thag night ® boy working in the mines heard somebody or something stamping on the rails on the Sooring. aif giving @ warning, and at the same tine & creaking notse was Leard and pleces of coal were seen to shoot up from the wails of the mime. The boy gave the alarm and the men away for the night beyond the risk of danger. It does not seem, however, that they notified the people above of the fact. ‘The catastrophe then was caused by cutting away the coal pillars or 3 | the ey vo the rooling of the mine, at a place where een worked within twenty feet of the surface, the destruction of life was caused by the negiptt of the company to survey and map the mine and not the drillers above of the impending danger. This, think, is the truth of the matter, althougi an attem: is being made to lay the blame in anottrer di. 2. It ts to be hoped, however, that the truth ve allowed to come to light. We mow live “not know~ ing what an nour may bring forth,” and there is aa exodus from this piace of horror. THE STATE GAME LAWS. Proposed Repeal of the Section Regulating the Shooting of Aquatic Wild Fowl Long Istand—Memorial on Behalf of the People of Suffolk County. Within the last month there has been much agt- tation on Long Isiand, and especially in Suffolk county, Im favor of a repeal of the Game iaw or a modification of the law exempting a part of the island from its provisions. The following petition is being extensively circulated:— To THe HONORARLE THE LEGISLATURE OF THE STaTB ov New York:— The undersigned inhabitants of county of Suffolk, beg leave most rei that im their opinion the restrictions the time an manner of kiiling geese, brant and other species of wild duck, contained in section 12, chapter 909 of the laws of 1868, are unjust, uncalled for, and in conflict with the interests and wishes of the people of our county. That such restrictions, while they benefit no one, most infuse @, deserving aad industrious portion of who depend for a livelihood almost en- tirely upon the products. of our beautiful and prolific bays and harbors, depriving them as it does of an important privie hat has ever beretofore been legitimately enjoyed vy all, therefore pray your honorable body that the law may be so modified tlat Suifolk county and the waters adjacent thereto shall be exempted from the provision of the said section. ‘The following is the section of the law referrea ta in the petition, and that which we have italicized is the part whico the good peopie of suffolk county, or that small portion of them who are agitating this question, and who are desirous of gaining a liveli- hood for a few short years by exterminating this specie of game or driving them from “our beauti- ful and prolific bays and harbors” are opposed to: — mn ghall kill, or have if kflled, any wild goose, y duck (commonly called black duck" , shefdrake, broadvill, coot or old Ir nt, mailard, widge squaw, between the llth day ot June and the 2th day of October in each year; und no person shall kill or Cy any wild goose, brant ‘or duck aster munact ant before day light on any ‘day of the year; and no person shat sail for will foul or shoot at any wild goor, brant or duck from any vessel propelied by sail or steam, or from any boat attached ts the same; Gnd no person shall wee any floating bastery or machine for the purpose of killing wild forely oF shoot out of such floating ‘machine at any wild gooey brankor duck. But nothing herein contained shall prohibit the use of doats or batteries in Lon Isiand Sound, Any person violating any of the provisions o1 section shall be Hable to ® penalty of ity dollars for h oifence. ‘The provisions of this act have been in force since the first day of June of this year, and notin the last twenty years have wild fow! been so plentiful as thts fall and winter im our bays ang harbors. The great enemy of this species of guufe has been the Market hunter (for we cannot call him sportsman). In the twelve houra between sunset and sunrise, he will kill wild fowl by propelling his battery into the midst of their roosting ground, aod in the remaining hours of the tweaty-four /oliow a fock from eating ground to eating ground, until, demoral- ged, they seek less dangerous waters and leave our bays not to recura. Of course, It requires 1 and perseverance to shoot frem a battery, but it is the skill of the midnighs assassin. In the waters of Long Island Sound the bays are not $0 weil adapted for this kind of hunting, and consequentiy the mar- ket huntsmen have located themselves on the southern side of the island. ‘As our tayentors have improved sporting tmple- ments (rom year to year, the wild fowi have been gradually disappearing, unul our Legisiacure took the matter up and enacted tis law, Waich went into edfect as stated above. ‘One otter section seems to be obnoxious to many of the imhaviants of the island, It is the follow- ing:— No person shall kill or purate with the intent to kill, In the counties of Kings, Queens, Suffolk and Richmond, auy raffed grouse, commonly cailed partridge, or any Virginia rail, atany time within two except such person has the lands lying therein, and they o various # commonly calle t th wage of th any ¢ under suc Pour jous as are contained ta t tions of this wet. The ground of opposition seems to be that the scarcity of quail, according to the ideas of its oppo- nents, is not on a unt of Loo many huntsmen, but ravher on account of our hard winters, which are more deadly than the sportsmen. It 18 also charged that the act was passed iu the interest of the Sportmen’s Club. We think Long Island instead of opposing this ciub should give them al) honor for the interest which they have taken m the subject, for to their exeruions we owe the entire law. The club have al expended large auins of money in stockiag the isan with quail; among the items they have contracted for are 10,000 live ones, which are to be delivered on the isiand from Florida the coming season, But even if these reasons do not have weight with the opponents, they should bear in mind that one season more rewains in which this section be enforced; and in all probability, oven if er tion was repealed, it would be in operation until @ groater part of the season had passed by.