The New York Herald Newspaper, January 28, 1870, Page 5

THE COURTS. Proceedings in the Law Courts Yesterday. The Fourth National Bank Case—Danger- ous Counterfeits—The Lottery Muddle— Tho Bininger-Clarke Litigation— Decision ina Breach of Contract Case— Official Announce- ment of the Death of ie Ex-Judge Hearne. UNITED STATES COMMISS ONERS’ COURT. The Fourth National Bank Defnicatien. Before Commissioner Shields. The United States vs, Wiliam Lieth—The de- Jendant was charged with conspiring with Veltman, a Clerk in the Fourth National Bapk, and one Copeland, to defraud satd bank by :rauduient entries, which ‘Would enable the defendant Lieth, a depositor, to draw moneys from the bank in excess of the amount therein deposited by him. The examinavion was closed, so far as the taking ot testinony was con- cerned, on the previous day of the hearing, and yes- rday’s session was devoted to the argument of counsel on either side. y Mr. Ethan Allen, for the defendant, moved for the dismissal of the case and the discharge of hs client, on the ground that the government hati sig- ally failed to implicate the defendant in the ‘aiding end avetung” of Veltman and Copeland in the com- mission of the offeace charged. Genera: Juckson, Assistant United States District Attorney, opposed the motion, and contended that The compiicity of Lieth wiin the principal, Veltman, and Saal omer accused, Copeland, was fully estab- hed. Commissioner Shields held the defendant to answer. A- Dangerous Counterteit. The United States vs. Charles Diamonda,—The de- fondant was yesterday brougut before Commissioner Shields charged with passing counterfeit fractional currency of the denomination of fifty cents. The stamps in qaestion are a good imitauon of the new fity cent (Liacoln vignette) issue. Indeed, the coun- terfett is 80 dangerous and rable to deceive that the aevective oillcers say government intends to ¢all 10 the genuine issue. ‘Ihe defendant, who is the pro- Prietor of ihe Santa Claus Hotel, was held to an- awer, The Lalor and Kuhuer Lace Case, The United States vs. John W. Lalor and Frederick Kuhner, —The defendants were arrested some time mnce on @ charge of falsely personating Custom House oficers, and as such entering on the premises of Mr. Dieverger and seizing and car awi therefrom $6,000 worth of lace. The fuil partichlar of the manner of proceeding adopted by ihe sham officers, as detaued in evicence, nave already ap- ped in the HERALD. Commissioner Shields yes rday decided, aicer nearing the argument of coun- eel, On Ho.ding the accused for uria!. Charge of Stealing Condemned Governmert Property. The United States vs. John H.. Breetman and Jonn Loehr.—the defendants are chargea with stealing thirty-eight gross of matches, which had been condemned on account of being unstamped. ‘The matches in question had recentiy been removed from Breetman’s place, where they were on storage a@ governinent property uli redeemed, and carried to the defendant Locnrs. ‘The latter, when called upon by the Marshal to deliver up the property, re- fused, stating that he could not do 40, a8 he had burned the matches. Commissioner Shields held tne deiendants tv answer in $1,000 bati, SUPREME COURT—CHAMBERS, The Lottery Muddle—Uontinuation of the Argument—Decision Reserved. Before Judge Cardozo. Simmons vs. Wood et al. and Colton etal, vs. Sim- mons et ai.—The arguments im these cases were Tesumed yesterday and occupied the court almost the entire day. ‘The facts nave. aiready been fully published. Juage Cardozo reserved his decision. Alleged Ill Treatment by a Husband—Motion ter Alimony. Charlotte Hoar vs. William A. Hoar.—This was & motion on behalf of the plaintiff for fifteen dollars per week alimony, counsel fees and to award to her ‘the custody of their children during the pendency of $ne suit tor divorce instituted it the defendant, The complaint alieged gross ili treatment on the part of the deendant; put counter affidavits were Tead setting lorth bis good character, Decision reserved, SUPERIOR COURT—TRIAL TERM—PART 1. Alleged Non-Fulfilment of a Contract—Im- portant Opinion. Before Judge McCuon. The Brooklyn Oil Refinery vs. Dantel Brown et al.— Judge McCunn in rendering his decision in this case yesterday said:—The action is by a vendee against & vendor, to recover damages for a breach of contract op the part of the latter in failing to deliver in pur- guance of acontract. The Pager admit the con- tract. The plaintiffs prove that the defendants never delivered nor offered to deliver the oll, and that toe Dialntifis were ready to receive it; and that plaintitfs also made a demand for the oil, at the same time offering paymenttherefcr. ‘ihe defendants move tor ® Donsuit on the ground that there was no con- tract—tfirst, for want of mutuality of obligation, and second, because the contract is not suvscrived 80 as. to satisfy the statute of frauds, Conceding, for argu- ment, that there 1s no mutuality of obligation, the obvious answer to the objection is that mutuality of ooligation is not essential to the obligatory power of acontract. Under this contract the deiendaats re- served to themselves the option when they would deliver; aud untit they declared that option there Was no obligation on the plaimtifis to make tender of payment, Again, under tits contract, the piaintitfs were not bound ‘to accept the oil unless it corresponded with the contract. The de- fendante finally demand a nonsalt on the ground tnat in legal construction anu effect the con- twact allows them an option to 160,000 ga'lons oi oil on the last May; that the last day of May, 1868, being Sunday, they had a right to deliver on tne Monday following, that being tne frat day ofJune. | unbesttatingly noid that the contract obliges tile defendants to deliver 40,000 g: Jons a week, and that their option only applies to the day of the week on which they might deliver. But the plaintii, unnecessarily in my view, de- gall delivery and offered ment of the 160,000 on the last secutar day of May (30th), so that the defendants’ construction be correct they im default in not delivering on the 30th of May, 1968. I was impressed that this contract required of the defendants a delivery of 40,000 gallons each week dnring tie month of May, anda critical scrutiny of ite terns coufrms me in that conviction. The Court denied the motion for: non-suit, and di- rected a verdict for the plaintits, subject to the averment of damages by the jury, who rendered a Verdict for $4,700, The Biniuger-Clarke Litigation—Temporary Cessation of Hostilities. Clarke vs, Bintnger.—Phe court was crowded yes- terday morning in anticipation of a severe legal ‘Wusale and 4 judicial castigation. Judge McCunn, however, on taking bis seat upon tue bench an- nounced that he wus not just prepared to decide the questions involved in the matier. The questions involve! were of the greatest importance, and his examination into them was not complete. It was dosirabie to avoid any seeming conflict witn the United States courts. The questions involved were ions of law, and this court or the United States court should be able to dispose of them without trouble, He wouid make his decision as soou as the labor of the trial term would permit, and wouid no- tly Mr. Beecher aud his counsel of the result proo- ably to-day. The mouon would stand over in the meanume. COURT OF SBECIAL SESSIONS. Drivers at Balls—-Literary Thieves. Before Judges Dowling and Bixby. A CAUTION TO COACH DRIVERS. Andrew Cockling was charged by ofticer George Armstrong With striking him with awhip. Cockling was driving @ coach on Wednesday night and was at the Academy of Music waiting for company he had taken to the Roman Catholic Orphans’ Hospital Ball, The officer wished Cockling to draw his coach nto line, but he refused to do ts, apon which Arm- atrong took hold of the Horses’ heads to put the car- riage into line. Then Cockling struck the officer with the whip, and it was ior this assault that Cock. ling was called upon to answer, There were several ‘witnesses called tor the defence, who endeavored to show that Armstrong struck the horses wih hw club, Judge Dowling, in sentencing the defendant te the payment of a Hne of ten dollars, said that the police arrangements for the regu’ of carrti were designed to be promotive of order and to give facili- ties to drivers. Any interference with those ar- rangements must therefore be punished. LITERARY AND NEWSPAPER THIEVES. Jobn Burns, a boy enteen years of age, was charged wit gtealing @ copy 61 p's Fables” from bis employer, Mr, James Miller. Mr. said that be eugaged the buy in December last, and ad discovered that he had lost avout $160 worth of books. This copy of ‘‘Asop’ ‘was fourrd upon him and waa identified as the pro- perty of Mr. Aitller. Sent to the House of Refuge. Francie Baseett and Ricbard 7, Hayes were NEW YORK HERALD, FRIDAY, JANUARY 28, 1870.—TRIPLE SHEET. cn (il losses ud. Both yor men deal leniently with’ thet, and and sigo the statement that there was reason to be- eve thas it was his first offence. He, however, was quite old. enough and intelligent enough to know better than to steal. Sentenced to two mouths in the Penitentiary, COURT CALENDAAS—THIS Day. SUPREME CouRT—CHAMnERs.—Reserved cases.— Hoe 96, 111, 156, 187, 208, 210, 281, 282, 238. UP) cause: 2545, 2549, 2646, 1646, 2524, 247: ‘2588, 1882, 2619, 2165, 1874, BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT, A Liquor Dealer Arrested. Before Commissoner Jones, The, Untted States vs, Cantiach.—The defendant was arrested on the charge of being engaged in the retail liquor business on Mecker avenue, near the Penny bridge, without B sere J the special tax required by law. ‘The defendant was heid in $500 bail to await the action of the Grand Jury in his case. SUPREME cOURT—CIRCUIT. Action Against the New York aud Hariem Navigation Company—Damages for Per sonal Injuries, Before Judge Gilbert, Zevi §. Parsons vs. New York and Harlem Navi- gation Company.—The plaintuif ened to recover damages in the sum of $10,000 for injuries received by reason of the negiigence of the defendants, Mr. Varsons is a resident of Hariem, and on the 18th of March, 1868, was aboard the steamboat Nelly White, ona trip to New York, when she ran against the pier at Astoria, and he was 80 seriously injured that be Was prostrated fdr some time and wv Ne tO at- tend to nis business. Anumber of physicians who attended him testified that his injuries would be permanent. On the part of the defence it was claimed that the coilision Was unavoidable, inasmuch as at the time taere was a very heavy gale blowing the vessel towards the pier. In .some way the bell signals of the pilot to “back” and “stop’? missed, but the signal to increase the force was heard and the boat dashed against the pler. Previous to the collision some ef the passen- gers on the upper deck cried out, ‘Stana back,” whereupon the plaintiff, as the defence claimed, ve- caine \errified and jam through a window, tuereby receiving the injuries. There were no wit- nesses produced by platntit who saw him when he ‘Was injured. The jury rendered a verdict in tavor of plain, who was granted an allowance of live per cen CITY coUuRT. Doubly Divorcod, Before Jadge Thompson. Henry Case vs. Ann Eliza Case.—The plamtif about @ year ago was divorced from defendant on the ground of adultery. Subsequently Mrs. Case in- stituted @ counter suit for divorce against her bus- bana on similar ground, and a decree was granted her, with an aliowaucesof alimony. Mr. Case, how- ever, relused to pay, and was put in contempt. Yesterday his couasel moved to set aside the order for alimony, and the Court took tue papers and re- served decision. A SCAVENGER’S LOGIC. Those Sixty Miles of Filth—Harris Stirs Up a Lion—The Latter Roars Vulgarly—Says Harris Falsifies and “Every Dog Has a Right to Wag His Own Tail.” The Board of Hesith has an oficial known gs “Sanitary Superintendent,” who has tne health of Millions in bis keeping. The Street Cleaning Asso- Clation has an official known as superintendent, whose duty it is to oversee the Augean job of collect ing filthy deposits from the streets and their removal beyond the city limite. The former oficial is Dr. Elisha Harris; the latter Joseph Pickard. “In the course of human events” it camo to Elisha’s know- Jedge that Joseph’s gang of street scavengers grossly neglected to remove unhealthy deposits, defied pub- Ite sentiment and endangered public health. Elt- sha made a report to nis Board on last Wednesday week declaring that there were sixty miles of New ‘York streets reeking with filth, dangerous to health and Offensive to the eye, This raised the ire of the superintendent Joseph, who retaliated in this caustic Strain in a communication read at the session of the Board on Wednesday last, and placed on tle as a Guriosity in literature:— STREET CLEANING ASSOCIATION, 26 CHAMBERS STREET, New York, Jan. 26, 1870. GEORGE B. LINCOLN, President Metropoliuan Board of Health :— Your Sanitary Superintendent, Dr. Harris, in a re- cent report to your Board makes the starving an- nouncement “thut the streets of New York are in @ dangerously fiithy condition,” and in consequence of which the pubic heaith 1s endangered. As the announcement is positive and unqualified no other meaning can be derived from ms words than that the streets generally and coliectively are dangerously filthy. Notwithstanding the eminent authority irom which the statement comes I most emphatically dehy the truth of it, and it is as unjust as it Ia false. I unhesitatingly assert that there never was #0 Muen work done on tne streets in any Previous winter as there has been this, and that they were never in & more cl condition at this Beason of the year than they now are and have been during the present wiuter. ‘True, there may be found filthy streets in some sections of the city now, ag there always can; for as soon a8 we have finished cleaning such streets the accumulation of filth recommences immediately. ‘they require daily instead of weekly cleanings, 84 at present. As far as your Superintendent's remarks apply to wese atcects they are true, bus no further, In his report he suggests the question, “Who is re- sponsivle for the flithy condition of such streets?” J aver that on himseif more than on any other per- son rests the responsibility. One of your ordinances prompite the throwing of ashes, &c., into the streets, if instead of issuing his fuiminating and alarming reports he would direct hts efforts to the enforce- ment of this ordinance the iltny condition of the streets referred to could not exist. Let him apply the preventive and there would be less necessity tor the case proposed. Aa a remedy for this he suggests that $900 be ex- pended for cleaning sixty miles of streets, at a cost of fourteen dollars per mile. What # wonderfully efficacious remedy this would bei The appropria- tion, according to his estimate, would secure just one such cleaning as he suggests, and tnere would be an end to his effort. 1¢ would accomplish a little good, if practically applied, it is true, but tue kind of Work he proposes to do, like that which be did last sammer, had better be left undone. ‘Turning over the dust on the street and leaving It there is so much labor wasted, and only aggravates the nuis- ance. If distributed it should be scraped into heaps and carved off at once. Tne work done by Superin- sendent Dalton was much more efficiently done than that performed by Dr. Harris. He (Dr. Dalton) cleaned those dirty places ana removed the suff unmediately, but under Harris nos 10 loads of airt were removed by hum during the whole of nis last summer's Cleaning, He suggests that our carts should remove the airt when he scraped it up, but ne nas no right wo expect this from us, We ciean such streeta unce a week, and remove the dirt accoruing to the terns of our contract, and he aas no rignt to impose on us the extra work, for which we should have neither pay nor credit. The subjomed particulars of our work stuce January 1 furpishes a most substantial refutation of the Doctor's assertion that the city i dangerously Mithy. You will sce by the enciosed map that uine- tenths of the whole paved suriace of tnecity was cleaned and the dirt removed iast wee the dirtier streets we cleaned twice, and every pre- vious week since the snow bas «lsappeared we nave done a corresponding amount of work, Last week we removed fron the city over 26,000 loads of ashes, garbage and dirt, and since the ist day of January We have remoyed 100,0W loada, We have employed an average dally force of 400 carts and 600 men; yet the public are lea to infer from such misrepresenta tions aa your Superintendent promulgates in his re- port that we are pee) no work at all, Thave in vain endeavored to obtain from him a Gopy Of the list of streets reierred to in bis report, and as being annexed thereto, and, afi & fratuless atvempt by him to find the ie said the secretary had it, and when this latter gent was cailed upon he suid the Superintendent nad never sent it, and to me it is very evident that no such document exists, and that te report was got- ten up by him in seW-iaudation and to cover up nis own shortcomings aod at own expense. Perhaps he has @ right to doso under the old adage wat ‘every dog has a right to wag his own tail.”” Yours, very Tespocttully, J0BuPI ICKARD, Superintndeent. The matter came before that Board, as already stated, when Joseph’s letter was read, and the Board unanimously @cted upon Dr. Harris’ suggestions. Joseph’s letter was filed away smong the archives of the omc The public who pave read Dr. Harris’ re Port and Mr, 's can judge of the merits of the issues raised, but it may be very safely inferred that the “cleanly condition of the streets during the resent winter is due more to the extraorainarily Ine weather than to the exertions of eitner the Board of Health or “Joseph.” The Voice of a Citizen New Yorks, Jat To Tae Epiror oF THR HeRaLp:— ‘Will you allow me, through thc medium of your valuable paper, to call the attention of the proper authorities to the disgraceful and filthy condition of Fifty-second street, east of Second avenue. It fs no 26, 1870, wonder that disease aud death runs rampant when streets are allowed to remain in such a state as the one mentioned, A KESIDENT. THE LATE BROOKLYN TRAGEDY, Second Day’s Proceedings in the Trial of Edwin Perry, the Alleged Murderer of Thomas Hayes—More Newspaper Criticism by Prisoner’s Coun- sel — Testimony for the Prosecution. ‘The second trial of Eawin Perry, the alleged mur- derer of Thomas Hayes, the night watchman at ,Harbeck’s stores, Furman street, Brooklyn, was proceeded with yesterday morning, tn thé Court of Oyer ana Terminer, before Judges Prait, Voorhees and Johnson. The eight jurors empanelled on Weanesday were promptly on nand, and a new pauel Of 160 being ordered for yesterday considerable time ‘was consumed in hearing the excuses of those who were not desirous of serving. MORE NEWSPAPER CRITICIS M—INDIGNANT COUNSEL. Before the empanelment of the balance of the jury was commenced Mr. John Ul. Bergen, of counsel for defence, arose aud addressed the Court as tollows:— Iv TH CouRT PLEASE—Belore proceeding to the empanelment of the jury mM this case Loere 1s @ mat terto which | desire to call the attention of the Court. Your Honors will recollect that yesterday morning I called the attention of the Court to an ar- lucie in the Brooklyn Vaiy Union commenting upon Ulis Cage In an improper manner. The Court took occasion at the time of taking @ recess yesterday afiernoon to state that it was uaproper for a Dews- paper to publish such an article during @ trial of tais Kind, I said when J caled we attention of the Court to it yesterday that I did not know wheiher the Bewspaper bad been paid for publishing this article or not. 1 will state now that | believe it bas been paid, and that the course it has pursued ance we commencement of this investigation has been such that I can arrive at no osuer conclusion, I want to state further that it is @ charity to suppers, at was paid, and if it bas not it bus been guilty of an act of vratality towards @ man on trial for nis Ife unparalleled in the history of journalsm. This morning the same paper pub- ished ap articie which ia still worse than the one published yesterday. I deem it my duty as one of the counsel ior the defence in this cane to Catt the at- Vention of the Court to the mater in such a auape that iney may take actiou upon it, I have prepared an afiidayit embodyiug these wwo erticies, slaung the fact of their publication and the date of the pub- lication of the newspaper, together wita the name of the proprietor aud editor of the paper, which [ pro- pose to submit to the Court. MR. MORRIS SPEAKS, District Aworney Morris—l have also a suggestion to make, uM the Court please. It seems to me that vbis proceeding is in bad taste. Day vefore yesterday two peisons whoe were witnesses for tne detence on the ast trial went to the different newspaper offices with a letter purporting ta be signed by one of the jurors on the last trial. ‘ne teuer was faise. It could have po other purpose; there could have been no other motive, no other object than to intuence public sculimen: in the case. Jt was improper, and | re- grevted to see the letter publisheu. It would have been better had 16 not been published, It was pub- fusaed in one uf the papers withoutcomment The day previous, in oné of ule New York papers, there Was an article having in view tue same object aud the same purpose, and it could have had no other, In the Kventng Union, accompanying the letter, was a statement from the juror hinseli as to the mode and manner in which that letter had been procured. ‘Lhe matter was exposed in counection with the lee ter, Which Was enurely proper. I regret that there should have’ been anything ever said about, any allusion wade to 1t; but te will not do, if the Court please, for the frieads Of the prisoner. There sit one of the men (potting, 0 one Kenay) who has been instrumental in bringmg this avout, (Sensa- ton.) The motive is appareat. Juage Pratt—I don’t oink itis proper to discuss any tacts in this matter before tuis jury, Disurict Attorney Morns—1 think wat this is not the time at which the subject should be brought up. I think we had betier proceed with the trial aad dus- pose of One subject at a time. * — OPINION OF THE COURT. Judge Pratt—The Court of its own motion yester- day, i cautioning the jury not to read anything which mighe prejudice them, cautioned them not to Tead any newspaper articles concerning this trial, Stating that one reason for particularly charging them upon this point was in view of the fact that that article appeared in yesterday’s Union, ana the Court took occasion then, In the presence of the re- | Fig of the press, tu state that the course was highly improper, I have not examined this article yet. District Attorney Morris—It so happened that none of the jurors who were examined had scen either of the articles ia the Paper alluded to. Judge Pratt—Tne Court will take the paper into consideration, but don’t think 1t proper now to dis cuss the matter. The clerk will place tais,on file. EMPANELLING THR JURY, There was considerable dificuity experienced in securing she full jury, which, in fact, was Dot accomplished untii about balf-past twelve o'clock. Disurict Attorney Morris then opened the case for the peopie, stating the facts which the prosecution intended to prove and contending that they wouid be abie to snow that Edwin Perry was the person who had shot and killed Thomas Hayes. At the conclusion of Mr, Morris’ remarks the Court wok a recess until two o'clock. Upon the reassembling of the court the examina- Uon of witnesses for the people was commenced. THE TESTIMONY FOR THE PEOPLE. ‘The first witness examined was ofiicer J Grant, of the Forty-second precincl, who, with officer Camp- bell, conveyed Hayes to the station bouse after the shooting, and algo to the City Hospital, waere he died upon entering. Omicer Leaycratt, of the Jefferson Market Police Court, teatitied that a‘cer Perry had deilvered himself into custody be togk him trom New York to Brook- lyn; on the way Brooklyn witness told prisoner that tue person who haa committed the murder haa done go ior the purpose of robbery, Wepre c= Perry said that there Was no occasion ior nis robbing any one, and at the same tinre be exposed a soll of bilis, Jncluding a ten dollar and a tweuty dollar note; the risoner also said he had been on a spree for two jays, avd God only knew where ne had been. Dr. McManus, of the City Hospital, stated the re- suit of the post mortem exanitnation of Hayes’ boay, as performed by him, and identified the bullet re- moved Irom the body. On the cros-examination by Mr. Spencer, however, witness stated that he made no mark on the ind therefore could uot distin- guish it from any other ball of that size. Otticer Andre, of the Jefferson Market Police Court, testified to the fact of the prisoner’s delivering nim- seif up atthe court. The prisoner also stated that Perry had said that two nights previously he had been at@ political meeting in Brookiyn, and after it adjourned had gone on a drunk with a party there. ‘The prisoner did mot say where he was on the night of the murder, Mary Mason saw Perry on the evening of the murder avout eight o'clock, going out of the gate of South ferry, New York side, and get on a car which went along South street; witness entered the same car and both” rode as far as the Catharine ferry, when they left tne car and went up Catharine street; Perry turned dowa the first street on the right hand side, and that was the last sne saw of him; he was under the influence of liquor at the ume, Thomas Delaney, conauctor of the car, in which Hayes, alter being shot, rode to the Fulton Ferry, was next exammid, ‘The District Atvoroey inquired of him as to what Hayes said aiter he had veea snot. Mr. Spencer objectea, and then proceeded to ex- amine Witness with reference to what occurred pre- vious to Hayes’ exclamation. Witness stated that when he heard tt he was inside the car, going from the front Lo the rear platform. District Attorney Morris’ question was admitted, and in reply thereto Witness stated tbat after he heard the report of the pistol Hayes exclaimed, “1am shot; Ed. Perry shot me,” Mr. Spencer excepted, and his exception was ted. noted. Delaney then proceeded to narrate what occurred after this. When Hayes got on the car he said to witness, “For fear of me dying take my number,” and tuen gave his address as No. 262 Norta Second street, Williamsourg. The wrtness was subjected to @ severe Cross-oxamination by Mr. Spencer. Henry Williams, the driver of the car, testified that he heard Hayes exciam, “I am shot; Ned kerry shot me. ‘Take me to the ferry.” This witnesa was algo subjected to a close cros#-examination and in several instances hi ents differed from those made by Him on the first trial. William Ewens testified that on the day of the Murder Ae was conversing witn officer Smith, corner of Atlantic and Furman Streets, about some trouble ‘in Furman street ee | woke shooting), Wien Perry came along and said be Mot believe that there haa been any. ‘Thomas Clear, eonductor of acarin which Perry rode a short distance along Columbia street, testified to this fact. The court then, at half-past four o'clock, adjourned ‘Uundl to-day at ball-past ten A. M, lh The following extraordinary accident recently oc- curred at Brescia, Italy. Two boys caught a mouse, which they bathed in kerosene off and then set fre wo. ‘rhe Irightened animal seized one by the leg, aud belore they could detach it, from ita hold, boun Ee #0 wevercly bitten that théy died within three Be NEW YORK CITY. Manners and Matters in the Me- tropolis Westerday. The Foundling Asylum—Important Addi- tion to Bellevue Hospital—School Re- unions —A Land Lottery — Accl- dents, Arrests—‘‘Reddy” on the Rampage—Police and - Miseéllaneous Items. The following record will show the changes in the temperature of the weather for the paat twenty-lour bours in comparison with the corresponding day of last year, as indicated by the thermometer at Hudnut’s pharmacy, HERALD Bullding, Broadway, corner of Ann strect:— 1869 1870, 1869, 1870, 3A. M. 3 48 + 4h 60 2 46 48 2 46 2 a 36-6382 PM 39 Avetage temperature yesterday... 4634 Average vewperature for corresponding date Jast year..... eeeee + BA ‘There were only eight cases of amallpox reported to the Sanitary Superintendent's office up to tifteen minutes afler two o'clock yesterday, ‘The proprietor.of the Doré paintings announce that to-day and to-morrow wil be the last two days on weich non-subscribers will be admitted to view these fine works of art, ‘The last of Professor Doremus’ lectures will take place this evening, being one of the course Welivered before the Young Men’s Christian Association during the pant month. His subject—tistory of Creation, biblical and bcienuitc Compared—wiul, no doubt, ve ably treated. Ellen Kane, & poor woman without home, frienas or means of support, died in Bellevue Hospital on Wednesday night. On Saturday last deceased fell down an embankment in Sevenueth street, and being taken up insensibie was conveyed ww the hos- pital, where death eusued as staied. The Spring Valley Land Association No. 3 met yesterday at Dramatic Hail for the purpose of draw- ing for the lots belonging ‘o the association at Spring Valley, Rockland county, N. Y. On one of the plots, as a prize, 18 located @ neat and substantial summer villa, Which was ‘pulled’ in the course of the draw- a by Mr, Pever J. Bogert, o: the firm o: Mealis Co. ‘The remains of an unknown man, far advanced in decomposition, were found floating in the dock foot of pier 64 East river. Nothing could be judged son- cerning the age or nativity of deceased. He was dreased in aark cloth coat, brown pants and vest and ee. shoes. In his pockets were found a punch of eys, @-kuile and @ small amount of fractfonal cur- reney. lecture on the “Age of Dragons,” at Irving Hall, on Saturday evening next, for the benefit of disabled soldiers and sailors. Professor Hawkins is the eml- nent nyilso naturalist who has been engaged by the Park Commissioners in the reconstruction of foxsil remains. ‘The benevolent ovject of the lecture Will, doubticss, secure him a full house, His great Jamillanty with this branch of scieace has given him the name of @ stauuard authority. The report published tn yesterday’s HEKALD of the smashing of ene of the windows in Semmons’ opt!- cian store, No, 687 Broadway, on Monday night, was obtained from the Fifteentt precint police, and ‘appears was not strictly correct. Jt was stated that there was no property stolen. Mr. Semmons Teports that eignt elegunt opera glasses, valued at avout $400, were stolen. He reported tie toss to the Mercer street station house, but they entered on tue blotter “Nothing lost.’’ Iu the HERALD, a few days since, a statement ap- peared to the effect that no sucecssor to Mr. O'Gorman, ag President of the Irish Emigrant Society, had been elected. An official com- munication gives information in regard to the error of auch statement, and says aiso that the loilowlng gentlemen were elected oficers:— President, James Lynch; First Vice President, Jonn H. Power; Second Vice President, James Ulwell; Recording Secretary, J.J. Campion; Chairman of ‘tbe Finance Comumiitee, James 8. Hennessey, The Ninth Class Association, of old Grammar School No, 14, will have their annual reunion din- her to-night at the Grand Hotel, ‘he assoctation, owing in @ great measure to the exertions of its president, Mr. James A. Lucas, has been shown to ‘be such & successtul Means Of calling together those who, in their early days, worked and labored with, and perhaps beiabored each other, that several siu- tar organizations have been started in imitation o1 this one. ‘The reunion this evening bids {air to excel guy of its predecessors. About twelve o'clock yesterday Reinbardt Ben- rends, a German, thirty-two years of age, called at the hairdressing saloon of Mr. Rauchfus, Chamam street, near Chambers, with his son, to take a bath, Shortly after leaving the water Mr. Bebrends was taken ill and died in a few minutes. Deceased, who had been til for @ long time, was employed in the factory corner of White and Centre streets and lived @t No. 16 Chrystie street. Coroner Koilins was nou- fled Lo hold an inquest on the body and gave a per- Bilt for ita removal to the ate residence of deceased. On Wednesday afternoon James Dunphy, o laborer, while at work in @ sewer tu the Boulevard, was struck on the head by @ heavy stoue which fell from the bank above and terribiy crushed. He was taxen up inseosibie and removed to Belleyue Hospi- tal, Where death ensued soon aiter admission. Coro- ner Flynn was hotified to hod an inquesi on the body. Was forty years of age, auative of Ireland and dived in 121th street, between Fourth and Fifth avenues, where he hag leit a widow and six chudren with little or no means of support, A beautifai Iittie girl, handsomely dressed and named Gracie, was left at the door of the Founding Asylum, No. 17 East Twelfth street, a day or two since, Some benevolent person should adopt this litte stranger, who 13 probably of gentle blood, and thus secure a blessing. The Foundling Asylum. ow- img to the kind spd untiring care manilested by Sister M. frene and her assistants, is now wn fait accompli, and should receive prompt public atren- tion either from tue City Councils or the Legisiavure, ‘Thus far perseverance and private assistauce have maintamed it, and the great need for such an estab- lishment 1s Made every day more apparent. Quite an interesting exhibition was given yester- day morning at Old Grammar School No. 29, in the rirst ward, by the pupils of the female department, under the direction of Miss Katharine W. Wuite, Principal. The occasion was the distribution of semi-annual certificates and prizes w the most de- serving of the pupils. The assembly room of te school was crowded Lo excess, and the utmost inter- it was manifested in the proceedings, which con- ed of songs, choruses, recitations and exercises in reading. . John A. Sullivan presided, and, on benalt of Congressman Jobn Fox aud Juage Hogan, presented two handsome gold medals to the young ladies whose deportment and advancement during the past #ix montus had been pre-emiment. A most important and necessary addition was added to Bellevue Hospital yesterday. It was dis- covered that on the arrival of the hospital ambu- Jance with persons who had been accidentally in- jured very laborious work ensued in having then carried on stretchers to the wards in the surgical departments of the hospital, and that some change should be resorted to, so that the Jabor and incon- venience consequent thereon might be avoided. ‘The Commissioners gave Warden Breonan full control in the matter, and, alchough It was only submitted to them on their morning tour to the institution, at ten o’clock last night Mr. Brennan had bis wishes fully gratiNed. The special ward wili contain beds, neat- era and all the other requisites, as well asa sinall Apartment for the doctors. It will be seventy feet long and twenty-foar feet wide. Its nicély painted 1n Oil and # a pattern of elegance and comlort for those bohoeg may be so upforiunate as to become its inmates. POLICE INTELLIGENCE, John W. Wood was charged with gotng to the Me- tropolitan Hotel on the 26th inst. snd ebtaining food and lodging-without the means of paying. He was brougat to the Tombs and committed to auswer. John Cutter was charged with stealing twenty-five dollars from Edwara Trevor while ne was asleep oa the steamer St. Lawrence. Paul W. Keating said he saw Cutter take the money, Alderiman Moore com- mitted him to auswer. David Reid, charged with a burglary at 99 Fulton street on Wednesday night, ana attempting to steal cigars and liquors w the vdiue of $100 therefrom, was brought to the Tombs yesterday and committed to answer. In bis informal examination Keld said he Was nineteen years of age, was born in New York, resided at bv Greenwicn street and was by trade a printer. He sald be was guilty of an attempt to commit burglary. A queer case Was under investigation yesterday, } before Juatice Bixby, at the Yorkville Police Court, David R, Stevenson, proprietor of & butcher shop at the corner of Fifty-fourth street and Eighth avenue, accused @ young man named Omaha Stevenson, wh: claims to be the complainant’s son, with stealing $100 horse from him and gelling the same to a man named John Quinn, at the horse market. The ac- cused was commitved, witnout bail, for trial. OMcer Halden, of ine Twentieth precinct, yester- day arraigned a boy thirteen years of age, named Elias McKnight, before Justice Shanaley, at Jefferson Market, upon complaint of Wiliam Healey, of 200 West Thirty-tirst street, charged, in company with two others who are still at large, with forcibly open- ing the lock on his front store door on Wednesday night with @ jimmy and stealing property valued at eee. He admitied the charge and was locked up to wer, The “Aurora Guard’? had a ball at Landmann’s Garden, Sixty-ninth street, on Wednesday night, Thomas Vox, of Yorkville, and Brian Douahue were two of those who attended it. Becoming some- What excited from the effects of alcohol, these two Wortnles engaged in a quarrel, during which Cox almost bit oth Portion of the Most prominent organ of Donahue™® face and otherwise disiigured his countenance to a considerable extent. Detectiv: Hamilton, of the Nineteenth precinct, arrested Co: and yesterday brought him before Justice bixpy; but there he was discharged, Donahue reiusing to Brosecute. Geranima Donaci, proprietor of an oyster saloon at the corner of Tnirileth street and Eighth avenue, Was yesterday arraigned before Justice Shandiey at Jefferson Market, and allowed to go on his parole to answer a charge preferred by & pretty young female avout eighteen years of age, who had form- ally been in his employ as @ cashier, named Jenny Allen. residing at 330 West Twentieth street, who charges that since she left his employ, the 19th imst., he has been continually following and annosing her by his presence and by letters, The defence en- deavored to prove that the girl pore @ bad charac- ter, Dut faiied to do so, Yesterday afternoon Reddy the Blacksmith came Minto the Tombs Poilce Court, in custody of Captain Walsh, in @ very drankem condition, Ready has been on one of his periodical ‘drunks’? for the fast Week, and bis drunkenness takes the form of a com- Dative spirit, Yesterday he made a descent upon an Apple Woman’s stall and assaulted people in Broad- way, and fuished up oy putting 18 hand through a Jewelier's case, at No. 614 Broadway. Information Was sent to Captain Walsh, who went to arrest Reddy, but Reday beat a retreat into a bird store in Broadway; his ight did not save him from the grasp of the Captiin and he was brought betore Alderman Moore, who committed tim to auswer for malicious mischier, Some time during the afternoon on Wednesday, during the absence trom home of Thomas Wheeler and family, No. 883 Third avenue, Elijah Howard, whose father resides on the same floor with Mr. Wheeler, broke into the latter gentleman's rooms and stole sheretrom @ silk dress, (Wo pairs of pantaioons und an overcoat. Mr. Wheeler, on his return home, weut to the Nineteenth precinct station house, where he placed the particuiars of the rovbery in u hands of detectives Levins and Hamilton. The om- cers succeeded in arresung Howard tn the lott of a painter's shop on Sixty-first street, and found in his possession pawn tickets representing the property stolen from Mr, Wheeler. Howard was temporarily committed yesterday afternoon by Justice Bixby, at the Yorkville Police Court, 1or examination, Between two and three o'clock yesterday morn- ing the liquor store of John Reilly, No. 1,031 Laird avenue, was catered by burglars, who succeeded in taking off with them about $18 90 in smal change. OMicer Michaels, of the Nineveentn precinct, saw tae burgiars—three m number—emerging {rom the store turough the cellar door and fired at them, but did hot succeed in hitting any ol them, and they got off. Ollcers Hauniton and Levins, who were in tae neighborhood looking after otver characters, heard the shooting and came upon the sceue 100 late, Low- ever, W make a capture. Subsequently vhey ar- rested one of the burglars, named Patrick Ciiford, a notorious thief, ata bail up town. In Cliford’s possession was found Rome of the money stolen from Uhe store, which Mr, Retlly tdentifed. “Clifford was committed for trial by Justice Bixby, at the York- ville Policé Court, before Whom he was taken yeater- aay. Yesterday afternoon # young woman of respeeta- bie appearance was arraigned before Justice Bixby, at the Yorkville Police Court, charged with picking the pocket of Mrs, Lydia N, Willetts, of the town of Jericho, L. 1., while crossing to this city on one of tue Honter’s Potut ferry boats. The prisoner, who gave her name as Bridget McNally, stated tuat sne picked up the pocketbook on board of the boat, and gaze 1t back to the lady it belonged to a8 soon 43 she Hew tat she was the owner ot it, It contained but seven. doliars and fifty-three cents, and was taken, so the complainant claimed, by the prisoner from her dress pocket. At firal the prisoner denied that she had stolen the pocketbook, but when about being searched in the Twenty-tirst precinct station house, where she was conducted by officer Morgan, she dropped it on the ground, Sue was comuilt*ed Jor trial in detault of bail. THE GREAT BORE FIGHT. The Pneumatic Transit Company Before the Courte—How Broadway Staggored—Citizens’ Rights and Companies’ Privileges The Mayor on the Qui Vive—lo- tion for an Injunction—The City Claims $100,000. Not long since the HERALD exposed the fact that Broadway, between Warren and Murray strects, was perceptibly sinking. The announcement natu- rally created some alarm, and not a little anxiety was manifested to ascertain the cau.e. With his usual promptness and observation Mayor Hall ap- pointed commissioners to examine the underground operations of the Transit Company, to whose bur- rowing propensities the ahaky condition of the part of Broadway referred to was attributed. Vested with fall authorivy the commisstoners entrusted by the Mayor proceeded to make the apparently much needed examination. But the superintendent of the company refused to allow them wo inspect the works, referring them to the Croton Board for any explanation that might be necessary. No satisfac- tion whatever was derived from that quarier, and with some e¢vasiveness the commissioners were informed that the Hoard could deal only with the Mayor in the matter, Upon this inquiries were at once set upon foot, but the only information that could be obtained from the Croton Board, even by the Mayor, was tnat one of the officers of the Boara examined the work daily and pronounced it per- fectly safe. That announcement, however, served but iittie to allay the excitement when subsequently there appeared in the HERALD a@ full exposition of the plans and purposes of the company and the Methods about to be adopted to carry them out, Acting under the knowledge and belief that the work was being carried on tn contravention of the charter granted to the company and that serious re- sults might srise from the manner in which they were progressing, Mayor Hall hay requestea Mr. Richard O'Gorman, Counsel to the Corporation, to apply for an mjunction enjoming the company from excavating the soil beneath any streeta of the city and trom constructing a tunnel or pneumatic tube, ana that the street mentioned be surrendered ana restored. ‘The following is a copy of the complatut:— Supreme Covunr.—7he Mayor, Aldermen and Commonalty o/ the City or New York vs. The Beach Paeunatc Transit Company.—The plaintifs com- Plain and ailege:— Firsi—Thavthe plaintiffs are a municipal corpora- tion, having and exercising the power conierred upon them by their charlers and the statutes ot the State prescribing and detiuing the saine, to whica they reier as part of this complaint. Second—That they are the owners tn fee of that certain parce! of land im the city of New York, being @ public street there and known as ‘‘Kroadway, wud are now se1zed and in possession thereof. Therd—that ie detendants are @ corporatior corporated pursuant to the law of the State k a8 chapter 44 Of the laws of 1868, and the amendatory thereof, for the purpose of constraciing @ certain gpneumatic tube and conveying letters, packages und snercuandise thereby. Fourth—That the said defendants, without lawful right or authority or permission of the plaintiffs heretofore, have entered upon tue said land at the intersection of Warren street with Broadway, and have excavated under said street a large tunnel eight feet in diameter, Cpeteg now in a southerly direction toward Murray street 160 feet or there. abouts, and are wow continuing to excavate and remove tue soil of said Broadway and construct said tunnel at the rate of about four ineal feet per day. Fisth—The piaintuls further ailege that by reason of the excavation of the soil under said streegby the defendants and the occupancy of the tunnel #0 con- structed by them the piainu are and lorever will be prevented from using that portion or aid land for the purpose of constructing sewers or laying Water or gas pipes, or for any other purposestor Which they have lawsul right and gathority to use Vhe space beneath the surtace of public streets. The Plaintiffs therejore allege that they have sustained damages by-reason Of the acts of the defendants aforesaid tn the sum of $100,000, and that by a cone Unuance of said acte of uhe defenaants they will sustain damages for which they have no udcquate remedy at law. Sizth—Plaintim therefore demand jndgment agaist said defendants for (be damages suswiged 28 se ‘i g and beneath any streets of said city, and from ing a tunnel or pnuematic tune or tu! thereunder Sud that the defendants surrender and restore said street to them, and that in pendency of this liugation, the said detendunts be 80 reatrained by the order of this court, plaints have judgment for their cost other relief a4 may seem meet to RICHARD O'GORMAN, Counsel to the Corporation. Pursuant to the foregoing a motion will be made in the Supreme Court Chambers, and. much interes! i attached to the result of the litigation. THE WILKES LIBEL SUIT, Anne A Crowded Court Room—Closing Proceed- ings—Summing Up of Counsel— Eloquent Charge to the Jury by dndge Bedford—The De- feudant Acquitted, At noon yesterday the summing up of connsel in the case of Saunders D. Brace, charged with libel- ling George Wiikes, took place in the Court of Gene- ral Sesulons, before Gunning 3S, Hedford, City Jadge. ‘The room was well crowded with spectators, par- Ucularly members of the sporting fraternity end readers of those journals, who evinced the greatest interest in the proceedings, watting with all the pa tience they could command the charge of the City Judge aud the verdict of the jury. Judge Bedford quoted the words of the alleged libel, and briefly, but very clearly, explained the law of libel, after which (very appropriate vo the occasion) he very eloquent referred to the mission and duties of the newspaper preas, whereia and by what course of action its higo mission was subserved, and in what laches it deserved only the scorn and contempt or the people, = In the charge “Ex-Judize Clark proceeded to argue that the alleged Jibellons articie evidently did not meay Mr. Wilkes, but some other party, who had attacked the Turf, Flea and Farm in the complainants paper. He eommenced upon tke allegations of the indict ment in an ingenious train of remars, claiming that the alleged libelious sentences were capabie of ap innocent construction, District Attorney Garvin followed on behalf @ the people, He commenced by observing that he listened in vain to une defendant's counsel for « reasou or excuse for the way in which Mr, Wilkes bad been hela up to the public for ridicule, hatred and contempt, Mr. Garvia asked the jury if they thought tt complimentary to charge & man with dealing in substitutes during the great rebellion? and then proceeded to show how @ person could be libelled by pictures or by language. He commented upon the significant fact that the defence attempted to have the case postpomed on the ground of the absence Of & witness named John Morrissey, who was actually im court before tne trial of the cause fairly commenced, but they had not subpoenaed bim. He also alluded to the fact in strong terms that the prisoner did not teatity im hie own bebaif, and closed with an eloquent appeal te | the jury to see that wanton apd malicious attacks upon private character should be prompuy repre hended by a veraict of guilty. * JUDGE BEDKORU’S CHAKGE. Judge Bedford then proceeded to charge the jury as follows:— GENTLEMEN O¥ THE JUKY—The defendant at the bar, Saunders DL. Bouce, bas been indicted vy tue Grand Jury for libel, Which means for Wie purposes of this case “the wanton and inalicious pablicaion of ap articie Wicous jusuificat.on.” {hat portion of tue alieged libellous article on which the District Attorney asks Lor & CORVICHON 18 a8 LOLLOWs:— ‘The second Sampson is an editor and not a popular orator. He opened hts intant eyes upon this earth, Heaven knows how, wien or where. de yrew to mauhvod loving Governor Seward much because he refused to pardoa # youch:al indie cretion. For a whic be made bis hous om the Pacitic cowsty leaching the auventurous men of tual golden land the valug. of law aod order; winning Immovtadty as the friend aad heir of the murusred Broverick, anu then returning to New Yor with We apolis of friendiniy, to, eatabsh apart paper , gaining fresh laureis by driving the genial William T. Porter, # ruined wan, inw & drungard’s grave. he has'igured at wauy a prize tht, ums veen on nono: quest at the Palace of St. James without the knowledge of the Queen; amused in carrying om ® stupendous war by speculating in substitutes. In every case of alleged newspaper libel the pro- secution inust prove the following (qcts:—First, (ae publication of the articie; secondiy, tha. the accased: wt the ume of tue pudlicution Oo! Lue artieie in ques- ion Was the proprietor and editor of the newspaper containing the aruci¢, The prosecuuon then rese heir case, Aud the law throws the burden ef proofk upon tue delence to prove a justifi-ation, and ae in this une law deciares the accused guilty of the cuarge and then it becomes your duty W render @ verdict accordingly, in order to make out the case tor the people the District Attorney caued the fol- lowing Witnesses:—Mr, Cuaries J. yoster, woo tesu- es that, on Lhe 4th of Jauuary, 1870, me purchased @ copy of the fury, Field and Farm of the issue of vecember 31, 1869; that the Turf, Mem ana Farm was publisned oy Saunders D. Bruce. Judge Dowling was next called, and said that in his opimion the article in question referred to Mr. George Wilkes. The Juoge also vesti- Med that Mr. Foster catne before tim a8 complain- aot im behalf ol another party; that Mr. Fosier pre- sented & paper lo him, requested him to read it, and jor hun, thea and Coere, to give Lis opinion whether we uracie Was libeious or uo Judge Dowling de- clined, giving Jor & reason that be might be called Upon as 4 lWagistrate tO Investigate Lue mavter, and reierred Mr, buster to some stturuey In order tuat aitidavits might be drawn up, and tuen upon we preseutation of these adidavits be would see Whether there Was sulliciens Lo grant a warrant. ‘The action of Judge Dowung in this case is oniy oue of we many imsiances of te bigh-toned, bonor- ‘bie Inanner in which he adiuiusters the cruminal saw in this cily. Kecorder Hackelt is next cailed, and says that in his opinion the urticle in question relers o mr. George Wilkes, The Kecorder aiso wells us that Ar. Wilkes labored hard with bis pen and personal influence to wake mr. Broderick Uniteu S.stes Senavor, Mr, Haskett ts caried; says that the article in question In tis opin- ton reiers to Mr, Wilkes, and tat Mr. Wiikes aud Broderick were bosom frends. Dr. Quackenbush Says that he learned Irom Mr, Broderick that ne had made his will before going to Caluoruts, and that Mr. Broderick sald (hut ne had made ac, Wikes his residuary legutee. alr. McGowan tells us that he has veen O constaut reader of Wakes? Spiru, and that be had never read au article reflecting upen the vrigoner. ‘iis is Lue testimony for tne prosecution. The delence offer no testimony. Neither did the ac- cused take advuntage of the iate statute ulowing MLO Co Cestlty and offer tesuimony himself in Us Ow belialf. But, gentiemen, it Is my duty to tell you (Hat the sane sLatuLe Which givea the accused whe right to testify declares that his omission to do se Shull create no legal presumption against nim, And now, genticmen of the jury, | charge you that if you find, on the evidence, first, the jact that Saunder D. Brace was the editor and proprietor of tue newspaper entitled The Furm, uy and Feld; secondly, that the articie in question was publisned, as is alleged; aud, thirdly, tuat itt libelous in 16 character and has reierence to George Wilkes, and, fourthly, was not published with good motives and justifiable ends, then 1 becomes your duty to render a verdict of guilty. Lf, nowever, you have any reasonabie doubt arising upoo the evidence (but not based upon suraise or hypotuesis), taem ‘hat doubt is tue property of the aefendant and he should be acquiited. Lf, nowever, you have no such doubt, nen promptly render such @ verdict as the facts Warr And how, gentlemen, in conclusion, | would re Mark that we are’ living in an age in Which science 14 progressing with rapid strides. And yet we are only secing as ib Were “the beginning of the end.” Tue two unguty. powers of the age, (ae “press” and the “telegraph,” are creating @ new era. The latter Jurnishes with the rapidicy of thought the news. Tae former, the great exponent of thought, dissemi. nates that hews broadcast over the world, and when just and discreet in its asseruons, maxes and uo- makes. Tue press has @ great mission to fafll. It assuines responsibiities of @ grave character. 1t may shape tie destiny of wen and of nations. When the press—as Lam happy Vo say is the case with the majority of newspapers in this city—wields i miguty influence, ieariessly and discreetly, It ele~ Vales, ennobies and aignities mankind. While, on the other hana, if that same press, by a sordid and sroveiling abuse of tts prerogatives, maliciously ta Vepts in attempts to dragoon public men into paying pecumary tribute, or to lampoon privac citizens Who reiuse to countenance the schemes of jobi Teporters, or deliberately 1eis imagiuation run riot, ‘that sensational creations may fil the treasuries of editors when imitating tie semblance of eWspaper crilicisins, or perverts the wruth, thea reas degrades, numiiiates and demoralizes. And now, gentiemen, once more to the case now before you, | repeat, that charge you that if you You find on the evidence, frst, tne fact that ere D. Bruce was the edilor and proprietor of the newse paper, on the day m ques entitled the Furm, Turf and Field; secondly, wnat the article in, ques. tion Was published as is alleged; thirdly, is ie lbelious in ite character and bas re te George Wiikes, and fourtily, was not pubsished wi! good Motives and jusuflabie ends, then it Omi your ducy to render @ verdict of guilty. how: ever, you have any reasonable doabt arising upon the evidence (but not based upon surwises or hy- potheses), then that doubt is the property of me de Jendant and he should be acquiv If, however, you have no such doubi, then promptly reuder auc @ Verdict as the facts warrant. THB VERDICT. After an absence of an hour the jury retarned t@. the court with a verdiot of not guilty. The spectas tors, after “waiting for the verdict,” quietly lett u court Without ihe slighteat pubic manifestation o! feeiing of any K.nd, and sous ended tue Wines greus avel wut