The New York Herald Newspaper, January 12, 1870, Page 5

| See ee - Oatied Beaten 98 recogninn Osha a8 an independent Sopeencneay a asad. na Smneheny into (AP Jeunnly of tions, or, without uizing M8 Independence, fo dod tas ‘an orgamued government, capable of conrsing on war aud Lo be heid responsible to otaer mat the manner in which 1 carries it on existe in that stand, it will be the duty of that de- ‘tment to declare and act upon those facts; bub Hore Buch # stale Of things 13 jound to exist itis uot, in wy Opinion, competent for a court wo wnder- take to settte those questions. ‘The judicial tribunals must follow and’conform to the political action of tue goverument im regard to sue existence of foreign States and our relations to them; and it would, in my opinion, be iconsixtent uth the honor and dignity of tue United states to submit to a court, and allow to be declared aud acted upon Inguch an indirect manner, rigs and duties toward ‘ff joreign nauon which the govern- ment Le ot preparea castings and upon its own responsibility to avow and i « eae Deon Drougit 10 mp nol ab fo yours, by Persons Who profess, Tepcoae| hg 4 gents, that Bola have already been flied in thé courm of the United States, under the gtatute of 1818, to org the oopdeianeron ty onal on er] ground that Were being titted out and arine SAA eee to'be employed, tu the service of w “colony, district or peuple,” namely, the ‘colony, @strict or people” of Cuba, WK Intent te cruise and comm hostilities against the subjects of Spam, @ nation with whom we are ut peace; and it is urged that this involves what is claimed to be tne converse of the proposi- tion that, ag We assert in those libela that Guba is a coi outst or people” capable of commitung bosdiittes against Spain, the law equally appiies w a2 armament procured or utied out by Spain for the P of hostilities againet Cuba, aud ibat tie exe. oft wernment, by fling those libels, has virtually recog! the “colony, district or poopie” of Cuva aa belugerenta. ‘Tons t seems to me to involve an errone- ous Jegal DoLion, and to be based upon the idea Wat ‘Whe statute of $18, being an act to protect and en- forop the neutrality laws of the United dtates, can- not be pulled except where there are independent parties @ contest entitled, to equal rights. But tus, I think, is an opinion wholly unsound Un- @Goubtedly the ordinary applicadon of the stalute is eases where the United States intends to matntain its neutrality in wars bee tween two other nations, or where bott: parties to a contest have been recognized ay belligerents, tirat 18, as haying a sufiiciently organized political existence to enable them to carry on war. Sut the statute is ‘not confined in its terms, nor, as 1b seems LO Ime, in us scope aud proper effect, to such cases. Under it aDY persons Who are insurgents, or euguged 1m What would be regarded under our law as levying war the sovereign power of the nation, however Jew Mo Dumbes, and occupying however small a ier. ritory, wight procure the fitting out and arming of Vesseis wilt intent te cruise or commit hostilities *galust @ bation with which We were at peace, apd With intent that they should be employed in the ser- Vice of & “colony, district, or peopie” not waging recognized war. ‘ihe atatate would apply to the case of an amuament prepared tn anticipation of an dususrection or revolt in some disirics or colouy Wuich 16 was intended to excite, aud velore any hos- taitties existed, Gat, on the other hand, when a nation with which we are at ve, or the recoguized government thereof, undértakes to procure armed vessels for the purpose of eyforcing its own recognized authority Within 148 OWN dowwinions, alshough there may be evidenee satisiactory to shuw that bey will wid the government in the suppression of insurrection or re- bellion, in @ legal view this does not involve adesign to comuut hostilities against anybody. Uf tue ticit qistulers of any section of the United Staves combine together to resist by force the cotlection uf the reve- nue, and arm themselves for uns purpose, with the Invent to set at defiance permaneatiy and by force ‘tne laws of the United States, they may be levying War agaiost te government; but wea the govera Ment seadsiits oilicers to disperse or arrest the vitend- ers, although it may find it necessary to empioy will- Sury force in aid of its authority, ‘certamiy cannot be cousidered a3 committing ‘hostilities against the Werritury over which such operations exteid. The question of belligerency between organized COMMUDI Wes 15 & Question Of fact, Aud May ve ONE Of Whe gravest fucts upon which a nation 18 catled to decide and att. The concession oi vellizerent rigs Ww @ “colony, district or people” in a state of wsur- Tection or revointion necessarily ihvoives serious restrietions upon the ordinary rigits of the people of this country to carry on branclies of manufacture and trade which are unrestricted in ume of peace. ‘To prevent our mechanics aud mercnanta from vuild- ing ships of war and seling them in the markets of the worid is an interference. with their private rights which can only be justied on theground of a para- mount duty ip our international reiations; and hows ever muck We may sympathise with the efforts of any portion of we peope of another country to resist what they consider oppression or to achieve imdependence, our duties are necessarily dependent Upon the actuai progcess which they have made in reaching these oljecis. ¢ ‘This suoject, as you are well aware, is one to which Jong aud careiul consideration has been appiied, and she result wiich 1 nave thus briefly slatea, and Which night receive much fuller statement aud liiustration, 18 that upon which the adminisirauoo have acted. J trust that 1 have made iny view of ‘tue Jaw intelligible, and have the bonor to be, very xeapectinliy, B. R MOAR, Attorney General. on. HaMinron Fisa, Secretary of Stale, | AMUSEMENTS. Bowsry THcaTRE.—A right royal audience assem- bled at this old ume theatre on last Monday evening. From pit to dome the house was crowded, andaa en- thasiastic and uproarious audience was present, The first piece presented was the well known play of the “Irish Outlaw;” but the performance iu which all the interest was concentrated was that of ‘Tom and Jerry; or, Life in London.” The principal scenes 1m this play were sustained by the stock company; but in the set-to scene Mr, James Mace, the champion of England, had a bout with Mr. Pooley Muce, and this lent additional attraction to the en- tertainment. Among those noticed on the stage quring Mr. Mace’s set-to was the veteran stage mania- ger Clark and the proprietor of the theatre, Mr. Fre- leigh, Rarely has there been such a house within the walls of Vid Drury, and those who were present mannested thelr approbation of the performers by loud and continuous cheers. The engagement of Mr. Hace at the bowery theatre sodar has been a great waccess. Woop's Musrum.—Manifestly the rage for “The Blondes” has- vot even yet wholly subsided On Monday evening the thextre at Wood's Maseum was crowded to its utfoss capacliy on the occasion of the revival of *+Lxlon; or the Man at the Wheel.” The new scenery by Messrs. ‘lyrrell and Ayres, the rresh costumes, together with allusions to the laiest current topics of the day, gave a certain air of novelty to the piece. The cast was as tollews:—L[x1on, Miss Belle Nowits, % Boston girl, preity, but a Jittie uervons; Jupiter, Miss Ada Harland, 0 bruuette, astray among the blondes; Mercury, Miss Lisa Weber, one of tha ork ginal blona juno, Miss zie Willmore, unother, as evel Venus, Miss kanily Pitt, gttll anotiter; Cupid, Miss Clara Fisher, whose singing was applauded; Minerva, Mr. E. Rightoa, wiose iniuaitame drollery js aiways apprectated, &e, ‘The Nme Muses hat atleast tis advantage over those of Paguant, that they waiked the boards cach “ike w thing of itfe.’” “Exton? will doubuless have & good run again. It will be the reguiar ¢ evennig ‘unit! further notice, and atv y the new trad hoaal, sensation, 0} orical, Uisworical Gnd somewhat love-sick-leal spectacular exitava- ganza, “Without aName,” will be pre: ed, WAVERLEY THEATER —A new 1 well ago new order of amusements was introduced as this place on slohday evening. Lt was certainly a most gratifying and pleasing reopentng, gratifying to the management in the house being crowded to its | ‘utmost capacity, and pleasing in the entertatnimens | being amusing aud varied, Upening the eveung's progrannme Was @ series oF magteal tilasion by Mr. A. Stivester, Miss Angela Schott svowed # sku ta blind reading that las rarely been eurpassed, and, in what were get down in the bill as *siasKs ana P or Lights and Shadows of racter in tue Human | Face,” gave soe highly novel ana jaughapie exuibie (ions of the varie OL Character tiwy can be ex- pressed througi tie medinin of the moustacue, Mr, James faylor tntused rare and unsurpassed vocal humor into the entertainment by a diversity of sougs, iu which the form of numiery was portrayed ina wonderlul degree, Miss Ada Aiexaiider sang severai ballads and comic dongs with artistic and gratiiying elect. The same programme wil be giveu every evening during the week, aud at to-day apd Satur- day’s matinees. Fj PARK THEATRE, BRooKLyN.—Densely packed by a very fasiionable ana most assuredly by an appre- ciative audience—for the popular John Brougham was last evening the recipieai of the nearuest of ovations—the Park theatre presented an appearance asif the entire estabiisument had by some strange Wansiormaion been chduged mio one universal smile. Mr. Broughan’s “Lottery of Lue’ was we attraction and ot. Brougham was the principal ticket drawn out, by the way, to the complete grail cauion Of the asscmblaze. The plot or tne draina and M8 many utcrils lave Neretofore been sduded to in flattering terms. 1b was produ city under high favoravi ® local and sensational product ral ad A BUCCESS. As the says, li embod- the lights and shadows of every dey. Moreover, 1t ia replete with striking incidents Liat show that miany & “good fellow’? juat plungi, of misery may be yet siateled from the precipice by @ kind and gecue word, f course Mr. iirougham was Ute lif? of the drawa, representing to the wtarost ‘of periection the of Yerry whe Sweil. ‘Phe grace- Tul and accompished efforts of Mr. Ray DOthng of he dashing, devil fused into Mreeharacter, secures GSpprobation. “the other pa very ¢ 5 & € = & for bi rounds of Were abty sustaned, Jncindiny Bob Mawley, J.Perguson; &. Laub, soodic Sar Wiluaim Downes, T. Crtppendale; Dodgers, a. aves, not forgetting Miss Vartar, wie bad an ad- Wirable repressmtutive in MYs, H. Howard. Riurling scenes Were presented, among obi One of the pitactye cry and Serry by savouligiit. plice Solomons Proll), Who pu! 01 “sew,” mely diggcacd police. 5. & decidediy Severat | i | i | | ig lads, & periec’ mary some a Ee swat created quite a fever anoug the young |. for the holidays. Altogewmer the “Lotiery 9; sife? at tie Park theatre was a «uc: cess, the uck»ts werd gratefully placed iy the vox Bou the resuil Was yongral waueacion, NEW YORK HERALD, WEDNESDAY, JANUARY 12, 1870.—TRIPLE SHEET, THE COURTS. Proceedings in the Law Courts Yesterday Validity of Policies on Lives of Rebels Dur- ing the War—Robbery ef Gold on the High Seas—The Whiskey Ring War—Larceny of Bonds—Judg- ment and Sentence—Felo- nious Assault, COURT OF APPEALS. portant Question as te the Validity of Policies on Lives of Confederates Daring the War, the Premiums Belug Paid in Con- federate Money. Robinson vs. International Life Assurance So- ciety of London.—An important question vo ingur- ance companies, as regards polictes issued by them befere the war on lives of parties domiciled at the south and dying daring the war, was argoed last week befoM% the Court of Appenis at Albany, and 18 now under advisement. It appears that the International Life Assurance Society of London, having a Joval board end agency at New York, had before the war insured at New York thenfe of one McMurdo, domiciled at Ricn- mond. McMurdo, for a year before nis death, which occurred in 1862, during the war, patd” his prea to the company’s special agent at Richmond in Vonfederate notes. The pre- seut action ts to recover the amount jasured, ‘The company defend on the ground that as they were domiciled here, and the policy having been made and continued in this State, and the agent having been. appointed thereto, the company were under the game | obligatious arising under the war aa citizens. They claim, therefore, that the state of war was sucha legal revocation of the agency at Richmond, and such notice to the insured of the fact that any dealings by him with the agent, eape- cially those outside of the agent's usual custom and authority, such as giving Confederate noves in pay- ment of premiuins, were illegal and void. It 1s also alleged that policies of insurance on the goods or lives of public enemies during the war became Megai, a8 opposed to pubic policy, and if nade before the war became suspended for the same reason ag those made during the war: aud that if the loss happened daring auch suspension there could be no recovery. It Was ciaimed aiso that a neutral domiciled hge was under equal restraint, as regards such policies, as domestic companies, and that it would be as Illegal for @ neutral to establish a domicile tu the State and continue a policy on an enemy's life therein as would be its continuance by a domestic company. It is understood that many policies throughout the coun- try are dependent upon the determimation of the questions involved in this case, the result of which is looked forward to with great interest by Insurance men, Mr. Barnes, Superintendent of the Insurance Department, was present in court, watching the cause, and others interested in Msurance matters. Mr. E. R. Robinson, of New York, represeuted the plaintiff in the argument, aud J, W. Gerard, Jr., the company. UNITED STATES CIRCUIT COURT, The Steamer Alaska Gold Robbery—Motion for a New Trial Denied. Before Judge Benedict. The Ontted States vs. John sMeCormtck.—The de fendant in Unis case was convicted of having stolen certain gold coins, the property of one Higgins, on the high seas, on board the steamship Alaska, on her late voyage from San Francisco to this port. The defendant was convicted at the pre sent term of the court for the robbery, and & motion was subse- quentiy made ior @ new trial, on the ground of a hon-tdentification on the trial of the coins claimed to Nave been stolen. Mr. Joseph Bell argued the mo- ton for the prisoner. and Assistant United States District Attoruey Jackson for the government and against the motion. Judge Benedict has denied the motion and ordered judgment on the verdict UNITED STATES COMMISS'ONERS’ COURT. The Whiskey War—The Hoffman Distillery Cane. Before Commissioner shields. The United States vs, Hoffman and Others,—This case was set down for further hearing yesterday, but when called on it found that the principal witness for the prosecution was non est, compelling Assistant District Attorney Purdy to ask for a iurther adjournment. This was opposed by alr, Bell for the defence, out after some argument and a state- went on the part of the District Attorney that if not abie to produce witnesses and proceed with the case on any day to which it might be adjourned the charge againat the defendants would be withdrawn, Commissioner Shields, on that condition, adjourned tll te-morrow, at ohe P, M. * SUPREME COURT—SENERAL TAM. Chattel Mortgage—Alieged Fraudulent Trans- action. Before the Full Bench. Rebecea Katienhorn vs, Morria.Tuska.—Thia was an appeal by the defendant Irom a judgment tn favor Of the plaintic. It appeared that the plaintiff filea a Dill to set aside a chattel mortgage, which she averred was procured from her by fraud aud duresse on the part. of the defendant. The allegation waa dented and issues were framed thereou, which, after a seven days trial, were submitied to a jury and found in the plaintiff's favor, The case was subsequently brought to trial at the Special Term upon the pieadings, proceedings, and verdict and jJusgment rendered in plainun’a favor, from whica defendant now appealed. Judgment contirmed, SUPREME COURT —C/AMBERS, The (Yorke Divorce Case=Temporary Dis- position of the Child, Baforo Judge Cardozo, In ve Clarke.—This case came up again for the set- Uement of the order reiative to the temporary dis- position of the guild, for the possession of which the father and mother contested. The Sheltering Arms, an Episcopar institution 00 110Un stresg was previously recommended as @ suitable establishment wherein to place the child, Judge Cardozo made an order directing that the chitid should be sent to the Sheltering Arins during the pendeney,of the divorce suit. ’ The Bowne Will Case. Fiizabeth R. Bowne ve. Peter Levervage and Her- mans Duryea.--The further hearing of this case, which comes up on & motion to continue the ap- polntment of @ recerver, the particulars of which nave already appeared, Was resumed yesterday and occupied the court the entire day. Decisions, By Judge Cardozo, Honey C. Sharp vs. Squire P. Colin et ad.—Motion denied, charles 1. Broadhvurst et ui. vs. H.W. Platd etal, — Motion grantea. SUPERIOR COURT—SPECIAL TERM. The Stoddart Diverce Case Again. Beiore Jndge Barbour. Soddart wx, Soddart.—The case of Aratnintha Stoddart against George 8. Stoddart (together witn the cross case betweed the same parties), which attracted #0 much pubitc attention @ few years ago, came up again yesterday on a motion made by the plaintia on an order to show cause why the defond- Aut should not be punisned for contempt of court, ta neglecting and retusing to pay the alimony awarded to her by the decree of divorce entered iu her favor on the sist 1867, The moving papers set up that no alimony has been paid her by the defendant aince September, 16%, aud that prior to-that date he only paid her a portion of the sum provided for in the decree; and also that the defendant, notwith- standing the profuoition contained in the decree, has been married again to one Jane Sergeant, The motion was opposed on the ground that the affidavit did not disclose the fact thava certified copy of the decree bad been served on defendant, or that the party making the demand sor payment of alimony did exhibit proper authority tor so doin Judge Barbour demed the motion, without costs, With leave to reply on further pavers, Decisions. . By Judge Barbour. artes F. Fay vs. John B. Raeke et a.—Motlon granted, New York and Hughes River Ol Company rs, sian | Hay.—Same. dsaac Youug vs. Aan Sykes.—| Thomas 8, Haywood wt al. v. Sante, Aramintha Stoddart vs, George 8, Stoddart. Motion denied without costs, with liberty to reaew or iurther papers, Wri. A, Covert et al. vs. Thomas Eaton.--Motion me. Kast Terder-- wetting aside order of arrest granted, with ten dol- | lara costs, the defendant stipulating not to pring | any action for faise imprisonment. Pruner 0, Brenck 0s. Bees smith et al.—Motion to open defaws granced on payment of teu dollars costa. Ry Judge Monell, Jesse M, Emerson vs. Milo H, Parsons el al.—Case wered and fied tm clerk's ofi¢e, | ‘SUPERIOR COURT—TRIAL TERM—PART | Av Administratrix Clalm. Before Judge MeCunn and a Jury. Zippera O'Hara, Admintsiratriz, vs. Benjamin 7, Sealey,—The complainant alleges that the defendant owes her $7,000 or thereabouts, bemg money he received from the sate of some property of her hus- band, Charles O'llara, while acting in the capacity gent, and which sum he never accounted for. The defendant answers by saying that he never acted as agent for Charles 0’ Hara, that he never gold any property for him, and never held any amount of money for him or from hun io bis live, After some testimony had been taken the Court, finding thatthe case would necessitate the examination of loug ac- counts, Kent it LO a releree, COURT CF COMMON PLEAS~SPECIAL TERM, Decisions, By Judge Loew. # Rilenderg vs, Mendelson.—Motion granted. Same vs. Same.—Mouon 40 vacate injunction granted. Sanoe sae —Motion for a receiver dented, y Judge Van brunt, Malone vs, Uitho; lotion for injunction granted, Order to be settl on uouce. By Judge Daly. Earia vs. Cohen.--Settled. COURT OF GENERAL SESSIONS. Larceny of Fiske Paving Bonds—Ubiquitqus Street “Brokers” the Stand—Conviction ef One of the Swindlers—Jndge Bedford's Opinion of “Zeno Burnhain’s”? Severe Scue tence. Before Gunning 8. Bedford, Jr., City Judge. The People vs, Thomas J, Radclif.—1he com- plainant, Dr. R. F. Clow, residing at No. 216 Fifty- eighth atreet, testified that on the ist of December he owned iwo certificates of the Fiske Pavement Concrete Fiagging Company, which he estimated as being worth $10,090, aud, being desirous of raising $2,000 on the scrip, he gave it to a man named Brittain; Radch was standing by at tne time and said he knew ail about that stock, that he was one of the stockholders in that company and could raise the money on the certificates 12 ten minutes; tne prisoner said if Brittain did not get the money in the morning he could get it in @ very short time: on the following day the doctor met Brittain and Radcuf, when‘ Brittain said be had no doubs but what Radclii! could get the money for him; the complainant gave tue stocks, at about eleven o’clock, to the defendant, who said he had a brother-in-law in Westchester county and would re- turn at balf-past one o'clock; that was the last that the doctor saw of the defendant until he was arrested, Im the cross-examination Mr. Mowe brought out the fact that Dr. Clow gave Dr. E. W. Ranney 20,000 acres of and in the Cumberland yal- ley, Kentucky.” A man named James D. Potter, a broker tn mining stocks, was introduced, and said that he had known Radcliff three years, who told utin that he was to re- ceive Fiske Concrete Pavement stock on the follow- ing day and wished him to make tuquiries about it; he went down to broad street and tound thas the stock was notin the market; the prisoner sald to iutm that he had received the stock from an acquaint- anee and wanted to raise money on it; Potter said ‘hat he gave nim $950, Mr. Howe subjected Potter to @ searching cross- examination, from which tt appeared that he got a check for $1,000 upov the stock trom Mr. Corson; gol it changed at a bank in Broadway and gave Kad- chit the money in Sweeny’s Hotel. Mr. Howe—1 move that you direct this jury to acquit my client, for if my client be convicted shen all Wall street would be tiabie to State Prison. Juage Bediord—i deny your motion and hold that ‘ius {$a question purely for @ jury to pass upon, Vi4.i—At the me the certificates were handed to your client did he then and there bave the felonious intent to steai the same? The Judge moreover satd hat as regarded Mr. Howe's reference to Wail street, he would dea! a3 promptly with Wall street men as with any other class of men. whenever the evidence im any case before him sould cali upon dim tor bis official action. Mr. Howe— We al! Know that, gone Bediora; you are no resnecter of persons, and administer jusiice promptly and fearlessiy. Thomas J. Radcid was examined in his own bebalf, and sald that he received the bonds for the purpose of borrowing $1,000 upon them; that he gave them to Potter, but did not receive a dollar upon them; and that a4 he was going to Albapy be toki* Potter to return them to Dr, Ciow, Judge Bediord recailed the complainant, who said in response to his Honor’a question that the pris- oner never communicated the fact to mim that he had given she bonds to Potter to be delivered to him. After the summing up, Judge Bedford in bis usual jucid manner charged the jury, recapitulating te facts and the law applicable to them, Nee Howe moved jor a new trial, which was de- ed. Judge Bedford, in passing sentence, said:—Rad- cliff, 1 do not know anything about yor ut my: oniy astonishment ie that this jury left their seats. You stand tn the same position as one of the most notorious scoundrels in New York. Zeno Burnham Played the same game that you did, whom J con- victed and had sent to the State Prison when | was Assistant District Atiorney, I have no sympathy with the class of men that you beiong to. It waa a cool, rascally proceeding. You intended to defrand Dr, Clow of those certificates, und when you went upon the stand you added fe) to larceny. To allsuch men a4 you J sail mete out the severest penaity known to the iaw, which 1s five years in the blate Prison. BURGLARY ON NEW YEAR'S NIGHT. Michael Boyie, who was indicted for burgiary, pleaded guilty to the third grade of that osfence, On New Year's night he stote a silver watch trom the residence of Frederick Dobler, 618 West Yorty-sixth street. ‘The City Judge said the youthful prisoner Was caught im the act, and nad he been iried he woud have given him ten years, He was determined to break up the gang of which the pris- ouer was the leader, and sentenced him to the Stave Prison for five yeara. GRAND LARCENY. Patrick Rooney pleaded guilty to an attempt at grand larceny, be bewg charged with stealing, on the 21th of December, a barrel of sugar, valued at tuuty-three dollars, the property of Henry Brien, He was sent to the State Prison for two years and aX months. AXTEMPT AT GRAND LARCENY. Isaac Stormes, who on the 10th of December stole silk skirt worth forty dollars, the property of Mary L, Kovumson, pleaded guilty to an attempt at grand larceny. He Was remanded for sentence. AN ATTEMPT TO BLOW A CITIZEN'S BRAINS OUT ONLY Matthew McAlear, against whom there was an indictment for I¢lonious assault and batiery, pleaded gulty to the minor offence, The complatnant, Charjes W. Chitty, im nis aitidavit, svated that on the 2uth of December the prisoner presented # loaded pistol at his head and threatened to shoot him. Judge Bedtord having been ipformed by a police oficer that McAlear was a notorious rowdy, ‘‘Inter- viewed” him previous to passing sentence. THe prisoner said that he never carried a pistol before the day Of the occurrence and that he got it from another party, and tat ag he was acquainted with Chiity used the pistol asa joke. fis Honor re- pled, “You asked him to en and because he refused you threaveued Ww biow his brains out. If you think that Was a joke { will put you where you can reflect upon tt for some time, by sending you tu the Peuitenuary Jor one year and ordering you 10 pay @ tne of $100.'" A YOUNG JACK SHEPPARD IN COURT. John O'Neil, who was jointly Indicted witn Thomas Connolly, pleaded guilty to robbery. It appeared froia the statement of tne prosecutor, Adam Smith, that whue he was walking through New Chambers street about ope o’ciock on the juorning Of the 20th of December he was attacked by six elderly ruffians, who stole bis pocketyook, containing ten gollars, and attempted to sveai hu chain, He positively tdentitied O'NetlL a Con- noily as two of the gang. ‘he Juage, alter con- versing with the couplaiuant, said that it was in his power to send the prisoner to the State Prison for twenty years, but if be would farnist the Uis- trict Attorney with the nawes of the other defend- ants his sentence would be untigated. ‘The youthful highwayman persisted In saying tuat there was no one wit » but Connolly. His Honor remanded him till Friday, to give uum time to make up his mind wheter be wili divaige the names of the otuer robbers, LARCENY OF FURS. Maria Lyons was put on trial, charged with steal- ing, on the Zist of December, $o00 worth of fara, tae property of the Messrs. Boose, Broadway, which were in the possession of Mary Burns, 15 Mott Street, who manulactured these aricles for this irm, At four o'clock om the evening in question Mrs. Burns went out of her room, leaving her son, te prisoner and her basband there, and after returning In an hour aiterwards she ound that Mr. and Mra, Lyons aud the furs were gone. On the Thursday tollowing the prisoper was arrested in Baxter street, aud a colar, which Mrs. Burns tdentified, was found 1 her possesston. ‘tne defence which the counsel Mterposea Was coat there was a legal doubt im tavor of the accused, she being in duress by her husband at che time the larceny was committed, The jury reudered a verdict of guilty, and the Judge sentenced her to the Stave Prison jor one year. The following w the calendar for vo-day:—The People va. William Hennessy, rape; Same vs, Kd ward Quimby, forgery: Same vs. William Weisn and Daniel Donohue, burglary me vs. Kdward P. Davis, obtaming goods by [aise pretences; Same vs. Mary Apn Anderson (two cuses), receiving stolen gooas; Sune va. ANce Ward, receiving stolen yoous; | Same v4, Frederick Watworth, embezziement; Same vs. Peter Hart. larceny (rom the person; Same Peter Hart granu larceny; Same ys. Adolphus Job fon, grand iarcepy; Same vs. John Griti, grand ceny; Same vs. Rovert Mebowei!, grand larc Same vs, John Dortneily, grand Eaward Clairbourne, iarceny from we person vs, John Kyan, grand larcepy; Same Vs. Jolin Mur fey, larceny from the person; Same vs. Patrick Kilcy, larceny irom the person; Same vs. John Campbell, grand larceny; daie vs. Jacob Smity, grand larceny; rame vs. Jusepl Fout, petis tarceay. COURT OF SPECIAL SESSIONS. The Lrondway Pedlers—Conviciion of Ve- le Sheplitters—The Oldest Man in New York—Miscelinncous Cases, Hetore Judges Downing and Bixby. WHISTLING UP BROADWAY. &@ rexpectaiie, Intelligent jooKm™ youth named & James Hoyt charged one of the Broadway German Peulers, named Slevin, with striking him on the head with his fst on Saturday last, Hoyt said that the defendant was soiling whisties on Broadway, that he stopped to purchase one and thatéhe defendant said that if any one could not make them whistle tn three minutes he would retund the money.. Hoyt said that he vlew for a good deal more than three minutes, but he could not wake it Whistle, A gentleman algo looked at the defendant's whistles, bat he could not make any of them whistie, Hoyt says that he pointed out to the defendant the {nabilicy of the vovalizing power of the whistles, ppon which defendant struck him on the head with 13 t. Jadge—Did he hurt yon? Were you struck on the head ¢ Witness—Well, it stunned me at the time, but it dicu’t burt me very much; 4 don’t care about making any coinplaint further than this, udge—Slevin, this does not turn out a very ag- @ravated assault, You pediers on Broadway are & great nuisance. Around St. Paul’s charch and all the way down you get a crowd around your stalls, and ali that you do it foris to get people to stand round you watle a lot of pickpockets exercise their dishonest calling. I shall not this time keep you, but if you men dou’t get out of Broadway every tune you come before me * shall sentence you for a long period, #0 that you won’t have a chance of sticking balloons and tumbling dolls into people's faces and irightening children and women with those change. able India rubber faces, Now 40, sir, aud clear out or Broadway as soon a8 you can. TWO YOUNG SHOPLIFTERS, Margaret gpeksop and Sarah Young, two decently dressed girls, but old enougn to be wives and Mothers, were charged with svealing seven lace bandkerchiels and thirty-atx napkins from the store of Mr, Penn on the Bowery, Mr. Penman said that, In consideration of thelr children and their friend, he would leave the case in the discretion of the Court as to whether it should be punished or Judge Dowling sait that the case was too serious to be passed over, but, in consideration of the re- commendation of the prosecutor, they would be sent vo the Penitentiary for two months. THE OLDEST MAN IN NEW YORK. John McOli was charged by Frederick Larbneach with cruelty to animals. The complainant, Mr. Larbusach, 188 fine, venerable old wan, 103 years ofage, He is the oldest man in New York, aud was an officer in the English navy, and in the war of 1812 successiul in oa ig one of the enemy's vi is. He charged the defendant with setting @ dog and cal op each other 4n Thirty-fourth street, neat Third avenue, This got a crowd around, and the indignation was so great that one of the persons fired a pistol at the defendant and the balb went through his hat. “in consideration of this de- monstration of lynch law sentence was suspended, MISCKLLANEOUS CASES. John Henry, for stealing from a steamboat, lying at pler 40 North river, three berth blankets, six months in the Venitenttary. John Daly, charged with ateating, from 721 sixth avenuc, some lead iping, six months in the Penitentiary, Catharine peLane, charged with shoplifung at 49 avenue D, and stealing & Balmoral skirt, and stealing from an- other store some calico, sentenced to three izonthg? imprisonment for each otlence, COUAT CALENDARS—TilS DAY. SurnsMe COURT—-GENERAL TeRM.—Held by Judges Ingraham (presiding), Barnard and Brady. Court opens at hali-past teu o'clock A, M.—Nos. 64, Ta, 76, TT, 78, 1%, 80, 81, 82, 53, 25, S4, 65, 80, 87, Ou ‘34, 95, 96, 28, 29, tT —CUAMBER Hi j, Ol, TL, 72, 78, by Judge Car- Part 1.—Before 803, 1151, 721, 1143, 1215 1305, ; CourT—TrAL ‘TERM.—Part 1. 4315, 48: THE PIRATES OF THE PORT, The Merchants’ Police—How the Piers Are Watched—Felix Lar- kin's Saloon. The following communications will explain them- eelves:— To THe Eprron oF TIE HERALD: In your article op ‘The Piratea of tne Port,” of Sunday, January 9, you say that most of the watch- men ov the North river piers are got from the Mer- chants’ Police, who charge four dollars per night for their men aod are not responsivie for the goods stolen, Agaim you say that after @ robbery the Watchman is summoned; he tells hia story, which exonerates him, &c., when the heads of tne Mer. chants’ Poilee tell nim tobe more vigilant tn the future and transfer the #ame watchman to some other pter, who bas, perhaps, Ogured successfully in many robbertes before. The merchant is, told that a more Vigilant man will be sent In lis place, and the Merchants’ Police not being responsible for the loss the merchants pay very dear for the whistie av four dollars per night at that. Here let us say that the Merchants’ Poltce—and there is only one body, that of Van Hoesen & Brother—nhave only one single Watchman on the North river, and that one has been bout one year and a balf on his pler and has never lostone single doliar’s worth of property since he has been there; and furthermore, that all the watch. men who are employed on the covered piers, axa general thing, are meu who are employed by tne Juerchaots themselves by the month, Again, the Merchants’ Poilce is an orgauization started in 1860, twenty years ago, wo hold themselves strictly re- spovaible for ali goods eutrnsted to their care, and have proinptly paid every joss that has occurred since 1t6 Mrst organization mm 1850, we having the receipts for tuese josses in our oMece at the present time, Among the various mercianis that subscribed to support the organization of the Merchants’ Poitce were Messrs, A. A. Low & Co., Charies H. Marsnall, Grinueil & Minturn, Goodaue « Co., William Nelson, 8. E. Morgan, Howland & As: pinwall. Moses Taylor, Amar & Co, 8. W. Lewis, rah) & Tileston, Sturges, Aruold & Co. aud about eighty ovuers, aud suice its first organization, by the assistance of the police, nearly 3,000 con- firmed thieves have been driven from the wharves, and in tue meantime eleven watcbimen have been lost. Mauy of these men were fouud im the waver with their iaces pounded to @ Jelly, avd no dovbt many of thei suffered tne penaity of death by en- ring tuese desperate dock and rtyer thteves, goods watched by the Merchants’ Police are | elpt given every night for ine same, and If tie Count fails suort in he morning the company always pays tke merchant same, wid Lhe Very moment a WatciinuD is discharged froin ais vessel for jack of duly he 14 at once discharged forever from the force, and not transferred from pier vo pier afterwards. 1c would not pay the Merchants’ Colice to keep untatthiul walcumen When the compauy dave to pay for al) goods stolen. We have 100 men, Most of these men are Swedes, Norwegians aad Danes, who ¢ endure the cod, Who have watcbed goods ot every kind and vessels in all ports, and Most of (nein have never lost a dollars worth in the wiole time they have been will us, and the greater partof th have been in this employ from tweive to elghiven years. if one of tose oli fuithiul servants, wio have stood in ali Kinds of weather for years and years, should be discharged from Us vessel because NEW YORK CITY. MOVEMENTS IN THE METROPOLIS, The Nath National Bank Trouble+Small- pox Again—Street Paving Contracts—A Young Man Corrupted by Members of the Legislature — Suicide — Wa: house Keepers Censured — Acci- dents, Arrests, Arraignments and Miscellaneous Matters, ‘The following record will show the changes In the temperature of the weather for the past twenty-four hours in comparison with the corresponding day of last year, a8 indicated by the thermometer at Hudnuv’s pharmacy, Hekaip Bulldipg, corner of Ann street:— 1869, 1870, 1869, 1870. 3A. M io ot oP, M. . aq oh oP. M. 46 a oP. M. on a WP. M. as Average temperature yesterday: Perr Average vemperature for corresponding dave last year.... 90 BOM Coroner Keenan was yeaterday called to hold an inquest at 424 Fifth street on the body of Franz A. Maiseh, three years of age, who died from the effects of acalda received on Sunday evening bast. The Pollce Commissioners were occupied yester- day in taking testimony in the case of officer Healan, ofthe Twenty-first precinct, who is charged with buving allowed a prisoner to excape from his cus- tody on December 24, after he had been told that the prisoner had stabbed one Peter Miltuer., The evi- dence takeu seemed rather severe against the oer, Decision was reserved. ‘There was a very large attendance of the mewbers of the Knights of St. Patrick at their rooms last evening to attena the annual election of officers, ‘The following gentlemen were elected officers fur the ensuing year:—President, Judge Dennis Quinn; First Vice President, Jobn Mullally; Secretaries, Captain James Mitchell and John Burke; Treasurer , Joun Duane, re-elected, Mr. John E. McGowan, formerly a confidential glerk in tne Under Sheriff's office, has been appointed by Justice Bixby as clerk of the Yorkville Police Court. He entered upon tue’ duties of the office on Monday, and showed a¢ once an aptitude for the position aud disposition to oblige nnd accommodate those hav. ing business With Link Wuich Cannot fall to increase the the popularity of his superior walle winning frienda for hiuself, _ The same corouer heid an inquest ab No, 200 Thirty-ninth street ou the body of Thomas Martin, twenty-eignt years of age and @ native of ireland, who died from the effects of injuries reoeived on Monday by tailing through the hatchway of te bonded warehouse of Messrs. Lawrence & Pegg. 25 Water street. In their verdict the jury censured the proprietors of the warehouse for pot propery guarding the batches in the building. Charles Labroné, a vative of the Isle of Jersey, thirty-five years of age, died in bellevue [ospital from the efects of injuries. On the 7th inst, deceased, with others, at No. 624 Water street, while repairing A ‘oat belonging to the Weehawken Ferry Company Une Moat fe) upon and injured him mternaily, Death ‘Was the result, Coroner Keenan heid an inquest on the body and a verdict of accidental death was ren- dered by tae jury. Smallpox seems to be gaining ground, there hav- ing been ten deaths reported trow noon on Satarday to noon yesterday. Dr. Harris received a telegram } Yesterday morning from Dr. O'Meagher, at Quaran- tne, slating that there Was @ schoouer at Stapleton WILL sinalipox On Doard and no means of towing her uito the stream. An order was immediately de- spatebed to the Health Uilicer to furnish facility aud send the palienis to hospital. Twenty cases of sinallpox have beeu reported since Sunday Coroner Keenan yesterday investigated the canse of the death of John Garvey, at 73 Wasbington street, J¢ was alleged he had been fatally beaten at 14% Baxter street, but such was not the case. Drs. Wooster Beach and Cushman made a post-mortem examination on the body and found that deceased had pneumonia of both lungs, disease of Kidneys, heart and tty indicating he hed been a man of very (intemperate habits, #neomonia was the im- mediate cause of death. Garvey had a biack eye, but that had nothing whatever to do with his sud- deu decease. Garvey bad lost an aru in the war, At the annual meeting of the St, George's Society of New York, held on Monday evening, thé foliowing named gentiemen were clected officers of the society for the ensuing year:—vresident, E. M. Archivuld, ©. B.; Vice Presidents, Joun G. Dale and F. W. J, Hurst; ‘Treasurer, Robert Bage; secretarics, Thomas M, Brame and Peter Jones; Executive Committee, Edward Walker, Aywar Carver, Robert Mackie, James Curphey, William ©. Mumford, Wiliam B. Bowring and Jon Hobbs; Committee ‘on Accounts, Charles Clifton, Robert Waller and Thomas Field Frank; Phyaigians, John ©. Beales, M. D., and Morris H. Henry, M. D.; Uuap- Jains, Dr. Francis Vinton and Rev. Franklin Bao- pict. The young lady who has accompanied Rey. Horace Cook m his Might to Europe is Mis# Mattie Jon son, & Gaugiter of a prominent communieant of the same church, and was a teacher in one of the Sabbath chool classed connected with it. ‘Two causes for Cook's conduct are given by bis parishioners, one of which 1s to the effect that be had got the girl into trouble and wished to leave the city in order to avoid the disgrace which would ensue should her condition become kngwn. The other ts that he is tpsane, Wis friends claiTa te has recenily suffered from severe neuraigit ia the head, loss of memory, ke, His abandonment of his family leaves them itn an ex- wemely destitute coadi‘ton, Hellmarried waen oniy twenty years old, aud has one gon, aged about six- teen years. A committee of inMuential gentlemen of this city, with Congressman John Fox at tueir head, have wade arrangements for a lecture to be delivered tn aid of the now Foundling Asylum. 3S, S$. Cox has consented to deliver the lecture, and, wside from his abihves ag a public speaker and the fact that his recent trip through Kurope nas given him an extra snppiy of beautiful and appropriate subjects on which to speak, the object ior which the lecture is to ve deitvered should fll the largest hall in te city, airs, Join Fax and Mrs, Judge Hogan and otner equally estimable ladies have been untiring in thelr eorts to advance (he mteresis of the new asylum, wich, under the matt and untiring care of Sister M. Irene, has atready edected an aimost Incaiculable amount of good. At the election for directors of the Ninth National Bank, which was beld yesterday, at 363 Broadway, the old set were elected and the reform tcket beaten by a vore in the proportion of three to one. ‘The reformers, headed by MY. Joseph W. Orvhi, for- meriy president of tte Nintu National, complaim that the present management of this bauk ts utterly a unwisely extravagant; that 114 Contemplated project of putting up a hall million structure in which to the captain should flud Lim m the galley of the ship warining himself ou 8 cold, stormy night, as 13 often the case, We do not feel called upon two discharge the man (or that offeuce, but cauuion lin to ore careful about going im the galley to “warm'? in the future unless ue is actually obliged to. We have never had more than three Or four cases where the watchmen proved to ve dishonest mea, and the goods stolen im these cases did not amount to $i all together, which the company prompuy pata, The watchman’s pay is (rom one dojlar aud Aity centa 10 two dollars, according to the position he occupies, and by refering lo our business cards you will see the merchants Who cheerfatiy lend their hates as reterence for strangers Who Come wo thls port who require @ respectaiie party to waten their vesseis. Out of a sense of duty to us after your article of | January 21 ask taat you will msers tus card. Very respectfuily, VAN HOES! & BROTHER, Merchants’ Police Nigat Wate New York Orry, Jan. 10, 1870. To THs Epiror oF THe HERALD You bave beon misied to do serious injury to the widow of the late Follx Larkin (wo, aided by her. eldest aon, carries on the business lately conducted by her deceased Wusbacd) in your paper of sunday, January # Inst., tp the article beaded “Tho Pirates of tne Port,’’ wherein yon have stated that, “Among the numerous gangs of thieves who Make Uielr fortunes on this (North river) side of we | city 8 that which 18 usually Lou ing about tue saloon of Felix La from seven to ten desper ture out until after midnignt on their pluadering | raids. All go heavily armed, & ‘Toe avove state- ment ts untrue in every particular, and yoar reporter must have deen misinformed by sowe macious person or persous, Who have misused his conit- dencs to do harm to an inofensive woman, who bas Lad misfortune enougd Giready without paving toc means whicn furnish to her existence withdrnarn from her by the most unjust and matiguaut form of slander and libel wiieb is contained 1 C article, By making (ig correction above for you | whi do an act of justice, and oblige, | JAMES LARKIN, Kon of the jae Feilx Larkin, din deyirme beng: | nin. They number oWs, Who rarely veu- } Blrect, sani ‘The information apon which the report alladed to in the above letters way based was obtained rom tue police suthoriiics. transact its business, 1s needieasly subversive of tho proper principies of economy. reformers was lield in the Astor House last evening to consider measures for contesting under tne national currency act of 1864 the legality of tue present directors’ mode of management. Nothing definite was accornpilstied, bute is thought there are squaly Wes in Biore for the Ninth National mks Yor pearly two weeks past Mrs. Ann Moser, o | has | Gerwan woman, thirsy-tures years of age, occupied apartments un the second floor of prem ses 147 Eldridge street. For some reason she did not live with her husband, and dy practising in: dnstiy ang economy managed to cara a deceat living with wer neeaie. It ts reported by one of ber friends ‘hat Mra, Moser some time - sinwe exhibited «such unmistakable ‘of unsotndness of mind tit it wa asary to remove hef to te Lunatic Asy- On Monday aiternoon a Germun ¢ jum, room on the samme floor with Mrs. Moser, her mental suitering, leis the bone, ahd ata late hour she tocked the onver door, #0 Ut oO one could enter irom the outsde. | fho Ge re. mained away ail night, aud on returnige yesterday morning, being unabie to gat aaruission, becatue alarmed and eail fenth precinct oficer, By means of and there fo nyainst the beg cord to accomplish he tion of 1b comtug arvund he fuily oound with ber handke! key he UWo Opened the door King With her ince Sue bad used a purpose, and that por- eck baa been care- er. The ody, «hich ycut down, but lie voxtinet tor Keveral hours, Coro. wotifled to hold on inquest on the ner Keenan was body. ay, WML th nt, and contracts were -For paving Eleventh street with See ma cement, from University piace to sixth ave. nue, awarded 0 KB. L. Vidal & Co., at $20,250; Howard pavement, roadway to Mercer streut to game parties, at 0; paving Fourth siveet, with Ropbins' yood pavement, from Bowery to Lewis sire + Trandy, wt $81.6 ihe sate pavement on Fifi street, from Bowery to 19 street, to same party Aud Same alnount; pay- Forty-fifth street witu Nicolson pavement, be- tween Lexington and Fourth svenues, awarded to Nicolson Pavements Company tor Ais Lhirty. Bids were opened 9 duct Departn low otom Aques awarded as tule A meeting of the | 5 seventh street, between Sixth and _ Seven! avenues, Nicolson perenet com. ty-fitn to game pany. at nireat, between by and stat enues, seme nent and pat com- Por a, Howard ment apry tng A Jeutre street, same paver A $9,422; Franklin’ street, ‘between Centre and Em Street, same as above, at $2,207; Fifth avenue, be- seem ifty-ninth and Ninetieth streets, same as i $193,125. For stone block pavements awards were made as followst—Tenth street, be- {ween Filth avenue and Untverstty place, to Jas, f- Keyes, for $6,894; Sixty-third street, between Third aod Lexington avenues, w Wm. A. Cummings, for $5,865; Téspenard street, beiween Broadw: and West Broadway, to same party, $9,004; Laight street, west of Canal, to same party, $250; Forty drst street, between Fourth and Madi-on avenues, to William H. Cummings, for $5,415; Thirtieth street, between. Eighth and Ninth avenues, to William A, Cummings, for $9,853; Ludlow street, petween Grand aad Broome asireects, to James F. Keyes, for $4,216; ‘Twenty-third street, between Third and Fourth ave nues, to Willlaia 4, Cummings, for $9,265, POLICE INTELLIGENCE, Mr. John Corwin, of 52 South street, was walking down Wa)! street yesterday, when & man namea Numan hit him in violent manner and knocked one of his teeth out, Justice Cox comumitied toe assallaut to auswer. OMcer Little, of the Eighteenth precinct, yester- Gay arraigned before Justice Snandley, at Jefferson Market,s young man named James Carmly upon complaint of Christgpher Hacket, of 272 Firat avenue, charged with forcing open the front door of his shop, at No. 400 East Sixteenth ion early yesterday morning, and stealing a number of boots and shoes, valued at Afvy dollars, which were found tn bis oe session, He denied the charge, but was comm! for examinatin. “ Mr. William Williams, of 35 Essex street, had his Pocket picked by. a man named Jonn Downey, while standing in Park'row yesterday. Downey was arrested byt detectives Webb and Heidelberg, and ejon Dim was found a commutation ticket of the ‘orris and Besex Railroad, dated to March 31, 1870, Which is sup) vo have been stolen, and is re- tained at the Second precinct station house, Justice Cox, before whom the prisoner was taken, at the Tombs Vourt, comamitied him to answer, Washington Harrington, who had been arrested for collecting money trom the charitable under false pretences for the widow and family of a deputy sheriff, who had never existed, was committed yes- terday afternoon by Judge Hogan to answer, ‘the shield bore the naine of “Richard W. Dewey,” and the ‘subscription list contained prominent mames, tmecinding W. N. ‘Tweed and the Board of aldermen, all of which were, no doubt, “bogus.” ‘hn we however, ainounted to several hundred doi- A young man, naned Charles Held, was yesterday arraigned before Justice Bixby, at the Yorkvule Police Court, aud chargea by anotuer young man, named Herman Decker, with steallog a diamond Ting, valued at $200. Decker resides at No. 240 East Fithetn atrest, with his parents, and lost bis ring some eighteen months ago. On New year’s day Wecker's parents, who had missed the ring from their son's tinger, offered hint (Decker) two doilars to kay where the ring was, aud he stated that Held had stoien itirom him. Heid was @ monitor in @ pri- vate schooi which Decker attended, and ne statet that he baa hitherto been afraid to give the Dame of the thief for fear Heid might punish him tu school, When brought before Justice bixby tie prisouer, Heid, denied bis guilt, but gave bail im $500 to answer tue charge iu the Oourt of General pessions. Two decent lookmg women, named Mary Any Hogan and Minale Wilson, were brought beforg Jus- tive Vox, atthe Tombs Poltce Court, charged wits robbery at the store of Raphel Springer & Co., No. 282 Church street. Latormation was cu by the proprietor of another store to detective oMcer Cole, of the Filth precinct, that two wo- men Of whom be had suspicions were in hia store, Cole went to the store, bu the women bad leit, From the description be tracked them to Canal street and followed tiem into Wooster strect, where he apprehended them. On searching them was found {u tei underclotning two skirts, With capacious pockets in front, and in these pockets ture¢ and one-quarter pounds of silk fringe was found ol the value of sboub Mfty-six dollars, They bad been descrived to Captain Peuy alew days ago and bis olicers were om the jookout for tuem. ‘they were committed to answer, On Monday afternoon a domestic {n the employ or Frederick Minck, at No. 400 Hudson street, while periorming her daily routine of tusiuess repaired to tne segoud story front for the purpose of muxing op the bed and cleaning up tue room of one of the voarders, named Uharies Krone, As she entered tue room she observed a boot protruding from unger the bed and endeavored to kick it under- neath, As she kicked the boot her fooc her stipper waa turown from her foot; aud determined not to be frus- trated in her piaus seized bold of the protruding obstacle and endeavered to force it under, put with- out accomplishing Ler object, as the tung refused to move. Pulling up the bedclothes and peeping under she wWus surprised at behvidlug tha form of @ aman lying underneath, his bead resiing on ® pile of clothing. She ran surieking inte the street and secured the services of onicer Loftus, of the Lwenty-eiguth preciact, who entered the nouse and conveyed the sneak to the station hohe in Greenwich street, where ne gare nu me #s John Levy, aileging be haa just ved in this city from Aibany, where be had resided for the past winetetn years and borue & good reputation unui the ist of Jauuary, whey ne formed the acquaintance Of several! members of the Legisiature, Wao corrupted bi. He was yester- day morning arraigned before Justice Shandley, a4 tne Jefferson Market j’olice Court, When a compiaint was preferred agatnst jim, coarging him with at- tempting to gteai clothing valued at $175, 10 which he pleaded guilty, wud wus Committed to anewer st the General Sessions, MYSTERIOUS MURDER. —Bad Reaulypa Murdered in tue Street—Ne Clue te | the Asswosi | Qn New Year's night Conrad Oestreicher, a Ger- | man, thirty-three years of age, then Jiving at 65 Kose sireet, with friend, whose name has not yet tanspired, entered the lager beer saloon, 9 Norfolk street, and indulged freely in the beverage there dispensed. Whilein the place Oestreicher became partially acquainted another party of three or four persous, Who drinking al aside table. All hands comatned uuill suorty belore LWo o'clock A. when they slutted out to go home. On reacuing @ streve Vestreicher and Lis fmend had some words or an altercation, When tie an With Ovsirercer became Alarmed, icavIng Lue falter alone Wo contend with 1g the quarrel Uesiretcher lee Bide by one of tne Upon Uiey all rap away, leave esidewalk. Soon alter heard “Vin stabbed,” and om nearing alter stood ob: Md Digod Lrieh= Jing down ins pantaoon r Was assisted to Ube 1euth prectnot potic and in siaung Man wis Oppost } the water to the sergeant fn command wad ohe did “not know the man who him or se Who were witn him, alaobed | Captain Davis en had (he wounded man conveyed to Bellevue Hospital, wheve he lingered wll Monday night, when hedied. Coroner Keenan being notified of the matter took it lu charge. DUE as yet lias been! | unable to unravel the mystery. Captain Davis, of the Tenth precinct, and tue detectives of hs cout mand are doin } the man who through bis Cverythiug im thelr power to find the saoon with deceased, aud the name and whereabouts of the wurde! those who were with btm 4b the saloon may be le In order to give tue oftl- cers ime to work Up tite case Coroner Keenan bas adjourned coe investigation oil uext Sajurcay. THK «EMAN BROTHERSOOD, Addreas of the Executive and Council, ‘The Feaian Brotherhood of Jreland has issued an Important address to the fraternity at idrge, and | especially to that portion on Utis side of the water. After congratulahuy the American managers upon | their unton organization, prudence and discipline, { the address goos on to declare shat the Irish peopio expenlenced with pteasure tha disestablishument of (ue irish Churen, aud, Qiongi disestablished, com- Piatuts are still weil grounded that it Was hol disen- dowed. 1h udvocuies We disbauaing of tbe English colony and the breaking up of the miliary rule. Feudal landiordisin, ib declares, is deoimed, ald phat Lhe soil belongs Lo the Irish peopie fur cher trultion and enjoyment. Otler grievances it considers under the head of malaaiministrauion ot ju! aud exces taxation, Us whick oppress tlie people and pull down the pillara of teir society, Alicn domina- tou is severely denounced. ‘he wars of ireland came frou yhis source originally, and woen this ey tl 8 @Xtirpased peace, concord and happiness ws! | 1eign over @ people for $00 years coudemued (o poverty and tyranny. The case of the polmicur prisoners appeais wo ty civilized world. ‘Tuer sul- ; tering’ cannot ve deseribed. The debates of Hari) | ment nave brought Ww light a #)stem of treat which the romancist of luc horrible, ii bis direst { extremity, would scarcely asevive to aby barbarous age or country in history. Fentauism is the heir of V3 and 4s, ald Is guided by Tue very teacumgs of both, It embraces (ue trath preached py Wolf! Lone, the purity exe pliie ubert Emmet, the honor witen disuing a Lord Kdward Fitzwerala. It bus adopted (he manly characteristics of the de wre of '45; the cul ry of smith O'Brle yan devotion of Doueney; We passlo: patriousin of The weagher, 1b with these words: . 4, Weappenly then, to trishinen ans che friends of ire and ti hve United Status, and which Wasgbingion lived to Obiet