The New York Herald Newspaper, February 10, 1870, Page 5

CONGRESS. Speech of Senator Morton on the Neutrality Laws, DEFEAT OF THE HOUSE CENSUS BILL, The Foster-Covode Contested Elec- tion Case. Foster Unseated and Co- vode Sworn In. Discassion of the Legislative Appro- priation Bill. SENATE. WASHINGTON, Feb. 9, 1870, RESOLUTIONS AGREED TO. Resolutions were offered and agreed to as fol- lows:— By Mr. PoMEROY, (rep.) of Kan.—Requesting the President, if not incompatible with the public in- terest, to communicate any information he may have touching the action of any of the departments relating to the claims of Ventral Branch of the Union Pacific Railroad Company to receive lands and bonds of the United States in aid of the con- struction of their road. Also any recommendation he may see fit to make in the premises, By Mr. Ferry, (rep.) of Conn.—Directing the Attorney General to transmit information relative to the claim of the postmaster in Augusta, Ga., for salary, and any opinion given by him on the sub- ject; also whether he had been imformed that the said postmaster was disqualitied, by participating in the rebeliion, from holding such oific. Also a resolu. ton directing the Judiciary Committee to inquire apd report whether the Legislature of Georgia has been reorganized in accordance with the provisions of the act passed at the present session to promote recoustruction in that State, and whether there have been any Violations of said act. SPEECH OF MR. MORTON ON THE NEUTRALITY Laws. Mr. MorTON, (rep.) of Ind., proceeded to address the Senate upon the bill makéng it a misdemeanor to fit out or equip ships of war, or to sell, or furnish arms or munitions of war with intent that they shall be employed in the service of any Ioreign prince or State to commit hostiitties against the peopie of any province, district or colony who are im a state of armed tnsurrechou against such foreign prince or State; and providing lor the forfeiture of such ship or vessel. Mr. SlorTon said Spain had lately fitted out in the harvor of New York thirty gunboats, and publicly enlisted crews for thein in the streets of that city for the avowed purpose of sudjugating the people of Cuba to ner rule—the most despotic and inhu- man kuown to modern times, We had know- ingly furnished ships apd satiors wo put down the effort of @ neiwaboring people, with whouw we Were on the lost frieudly terms aad enjoyed the most intimate commercial relations, who were struggling to tree themstives from a military aespot- ism of a cruel and an effete nation, separated from them by a broad ocean. He proposed so to amend our statutes that these things shouid not be repeated by authority of law. Wany principie of law of na- tions required that Spain should receive this suv- stantiai assistance at our hands that principle was based upon reasovu and was proper. He beid that no nation sould jecl bound to administer any pre- vended rule of jaw of nations when to do so would be to inflict great Mjustice, crueity and destrucuon upon large toasses of people, and cited from Various authoritics upon international law in sup- port of his position. ‘the relations of parent States and colonies were those of parent and child, and where protection, support and education were re- quired on one side tuere should be obedience and submission on the other. But when the son had arrived at manhood, aud when the colony was entitied to functions of a State capable of sell-government and self-protection, parental control suouid cease and independence be accorded. He insisted that there was a dilference between an attempt at revo- Juuon of a colony forming an imtegral part of a kingdom and a like attempt on the part of a distant colony, and remarked that the time had arrived to prociaim this doctrine as one vindicatea alike in reason and justice. The aliegation that when u nation took possession of a distant territory and estabMshed a colony there such territory became a pare of the nation equaliy with its former pusses- sion, Was unsupporied by reason and the facts. The American colomes of England, France and Spain had never been treated theoretically or pracu- cally as integral parts of those empires, 1t was a horrid mockery When the Spanish government altected to treat Cuvaas a part of the kingdom of Spain when she denied her rigits under the Spanish constitution and treaved her as @ mere possession overned by the will of a despotic Captain General. Without Meaning to assert that the Untied States should imterfere by military —_ force in behalf of Cuba, be said he would maintain that the United States should not contribute, directly or indirectly, to uphold tue power of Spain over that island. Leaving out of view the question whether the present condition of Cuban affairs justitied our concession of belligerent rights, it waS Bulticient that we knew that a colsia- erable portion of tne people of Cuva were in aris to throw off the Spanish yoke; and therefore if we could not atd one side We ougiit not to aid the other. He then eferred to the magnituae of the contest in Cuba and depicted its revolting incidents, asseruing that war had been carried on with a murderous cruelly that emulated tue horrors of the French revoludon, and indicated that the Spanish cuarac- ter nad lost nothing of the atrocioug and Satanic barbarism by which it was distinguished in the war in the Netherlands. Our silence now was In marked contrast with our former professions Of sympathy with peopie struggling ior liberty and natural rights. Moreover, the Cuban insurgents were siruggilug to abolisn slavery, while Spain would perpetuate that Institution in the island. Viewing the Caban ques- uon from an American standpoint, he said, Cuba was as entirely included in what was called the Monroe doctrine as though she formed a part of the mainiand, and the possession of Cuba by Spain being hostlie to our poiicy its retention. by that Power should depeud upon Spanish power and ré- sources exclusively. Her continued possession was io be regarded by us in lgit of @ sutferance or toleration rather than because of tue existence of a Valid ttle, ‘The bill of Mr. Morton, with that of Mr. Howe, relative to the neutral relations of the United States, were then reierred to tie Committee on Foreign Relations. BILLS REPORTED. é Mr, CONKLING, (tep.) Of N. Y., from the Committee on the Revision of tiie Laws, reported, with amend- ments, the House bill extending time for revising and consolidating the statutes of the United States, Wauthorizes wie Presideat lo appomt varee com- Mnissioners to iinish within three years the work sribed in the act of June 27, 1566, r BNTER, (rep. ‘., fromm the Commit- tee on Military Affairs, reported, with amendwents, the bill for the withholding of moneys from Indian tribes holding American captives. Mr. Howanp, (rep.) of Mich., irom the Committee on ‘ferritories, reported a olil to provide for che pay- ment of the expenses incurred by the Territory of Montana in the suppression of Indian hostilities, Mr, WILSON, (rep.) Of Mass., introduced a bill to in- crease the number of the duages of the Supreme Court and Circuit Court of the United States and to establish boundaries of the judicial districts. Re- ferred to we Committee on the Judiciary, 1t pro- vides for eleven circutt judges, ADMISSSION OF MISSISSIPPI—CHANGING JUDICIAL CIRCUITS. Mr. TRUMBULL, (rep.) of lil., from the Committee on the Judiciary, reported a substitute for the House bill Lo admit Mississippi to representation. The suv- stitute deciares simply, without preamble or condi- tions, that the State of Mississippi is entitied Lo Tepresentation in Congress. Also from the same committee, with amendments, the bill to change the judicial circuits. As amenced the bul constitutes the circuits as follows:— The First Circuit to cousist of the districts of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island and Connecticut. ‘The second to consist of te district of New York. ‘The tira to consist of the districts of Pennsyl- vania, New Jersey, Delaware, Maryland and Vir- Inia. 5 ‘Yhe fourth to consist of the districts of Missls- sippi, Louisiana, Texas and Arkansas, ‘The filth to consist of the districts of North Caro- Jina, South Carola, Georgia, Florida, Alabuiwa and Tennessee. The sixth to consist of the districts of Oto, Michi- gan, Kentucky and West Virginia. ‘rhe seventh to Riekeg of the districts of Illinois, Indiana and Wiseonsin. ‘The eighth to consist of the districts of Minnesota, Towa, Nebraska, Kansas and Missourt, ‘The ninth to consist of the districts of California, Oregon and Nevada. The bul further provides that the Justices of the Supreme Court of the United states shall be resi- dents of their respective circuits, ad vacancies now or hereafter existing in said court shall in every case be filled by a resident of the circuit. PUBLIC PRINTING REFORM, Mr. ANTHONY, (rep.) of R. [., on leave, made a statement in support of the bill previously intro- duced by him to reform the public aa and abolish ail gratuitous distribution of books by the ‘overnment. He demonstrated that the cost of the ongressional printing proper had veen of late years gradually diminished, while the dqpartmental print- ing had been annually increased. ‘The cost of the former last year amounted to $089,455, much of which was for work suppited to the departments, while the departmental printing cost $646,090. He said the department ‘omMoials. paid litte if any regard to the cost of work they ordered, and that voluminous reports wero prepared By them which were bound in morocco NEW YORK HERALD, THURSDAY, FEBRUARY 10, 1870.—TRIPLE SHEET. and richly gilded. The whole mof printing documents 1or gratuitous distribation should be abandoned, as their contents were now furnisied to the public, free of expense to government, by the pewspapers. Small editions must hereafter bo printed for public use; but extra copies snould be paid for by those who wanted them. He Fovernment ‘printiug’ and’ the compuralively sight rz an 0m) y alig. utility of these ‘documents, He also showed the ex- pensive abuse Of the publication of government ad- vertisements in papers of small circulation. The bili he had introduced would save many hundreds of thousands of dollars annually, at a time when economy, always desirable, was pressed upon Con- is by the Dighest considerations, and would re- heve the Post Ofice of a great burden. ‘The bill of Mr. Anthony was then referred to the Committes on Printing. CONSIDERATION OF THE CENSUS BILL, ‘Tho Census bill was then proceeded with. Mr, PATTERSON, (rep.) of N. H., referred to the vast Merease ,in the resources and population of the country, and argued that more comprehensive sta- Ustics Were necessary than were provided in the amendment of the Senate committee as a means of Mowing this Waeane, i ir, BAYARD, (dem.) Of Del., said the law 8% bad been framed vy able miads as a Deana one Wilick was designed to adapt itself to all future growth of the country. and bad sustained itseif through two trials against adverse criticisin, The cost of a census under its provisions could be ascertained with exactness. ‘Ihe House bill proposed a hasty and sudden change from a system whose efficiency had been proven. What was known as householders’ schedule, which was mereiy a prelimimary matter, would cost $1,720,000, and ‘this, too, for a mere ex- periment, the practicability of which was denied, even if taken under the House bill. There was no assurance of correctness in details of census. He believed the internal revenue system furnished at once all the elements necessary for securing the re- quired information. Mr, MORMILL, (rep.) of Vt., modified his amena- Ment so as to provide for an enlargement of the schedules, in order to include the subjects of petroie- um, sorghum, molasses, fruits, wines, peanuts, silk, libraries (public and private), telegraphs, railroads, fisheries, area of timber lands, and such other sup- jects as the Secretary of the Interior may prescribe, and watch will not materiaily increase the cost of taking the census. Mr. CONKLING criticised the position taken by Mr. Sumner, that the sctiedules to be usea under the act of 1859 would prove insufficient for the purposes ofan eiNcient census, because various subjects of import- ance were overlooked and others not fully classified. He said tha’ upon the subject of more complete re- turns of the products of the mines the Senator from Massachusetts had lingered for some time, and had manifested his profound knowledge of the se- cret springs of human nature and bis more than magician’s art in angling for the votes of the inex- Pperienced and unsuspecting Senators from Nevada. (Laughter.) He bad conjured those Senators by their Jove of home and their recoras upon the questions of mines, and having thus opened the avenue to thelr gentler natures he executed oue of lus peculiar feats of oratory and suddenly firing himself with bis re- sentment against the census of 1860, and the act authorizing it, disclosed to bis astonished listeners the fact that the precious metals appear in the same table with prdductions of paper and productions of crops, Only think of it, Mr. vresident, the products of mines crucified between two such commercial thteves! But now woud the patriotic hearts of the Senators from Nevada swell with agonizing emouon wien the place assigned for the precious metals in the schedules of the House bilt Was pointed out to them! “Hung be the heavens in biack!? **!ell it not in Gath, prociaim it not in the siree:s of Askalon,” thatin the scheme advocated by the Senator from Massa- chusetts the gold and silver from Nevada, the young bride of the Unton, are consigned to a place side by side with women’s corsets and ready made clothing. (Renewed laughter.) Mr. vonkling proceeded to show that tne general ligads under which various articles were arranged in the schedules heretotore used In taking the census Were 80 Comprehensive as to cover all subjects of which the census should pro- perly take cognizance, and that none had been omitted, The volume of inquiries proposed to be made by the Senator from Massachusetts would involve an analysis of investigation mcom- pauivie With the process and real purposes ol a cen- sus. He said the law of 1850 being in full force the Sipe propositton reported by the Senate committee, witha direction to the Secretary of the Interior w add twenty-live per cent to the compensation of would obviate the necessity for any turther legisiauon, and that a complete census would be taken as heretofore. As @ tesc of the sense of the Senate upon general quesiions he moved to lay the House bill upon the tabic, remarking that the propo- sition of the Senate coumitvee containing certain directions to .he Secretary of the interior relative to the centus would be disposed of separately. The motion of Mr. Conkiing was agreed to—yeas 46, nays 9, a3 follows:— Y¥AS—Messrs. Abbott, Anthony, Bayard, Boremon, Brownlow, Cameron, Carpenter, Casserly, Chandler, Cole, Coukling, Corbett, Davis, Drake, Edmunits, Fowier, Gilbert, Hamiltoa, Hamlin, Harris, Howe, Howell, Johnson, Kel: logg, MeCreery, McDonald, Osborn, Pomeroy, Pool, Ramsey, Rice, Robertson, Koss, Saulsvury, Sawyer, Schurz, Spea: ger, Stewart, Stockton 1 ‘vhurmaa, Tipton, frumouil, Vickers, Willey an Nays"—Mexsrs. Cragin, Morrill of Vt., Nye, Patterson, Pratt, Sherman, Sumaer, Warner aad Wiison—9. WASHINGTON AND NEW YORK RALLWAY, Mr. CHANDLER, (rep.) Of Micb., on leave, intro duced the bill of last session to promote commerce among tiie States aud cheapen transportation of the malls and military and naval stores. ‘The bill au- thorizes the construction of a first class railway from Washington to New York, the capital stock of the company to be $10,000,000, It also provides for a railway apd telegraph line from Washington to Pitisburg, to be calied the Washington and North- western Kaliroad and Telegraph Company; and also for a raiiroad and telegraph jine from Washington to Cincinnati, tue provisions as to the former com- pany being applicavie to all. ‘The Senate, at a quarter after five o'clock, ad- journed. D HOUSE OF REPRESENTATIVES. WASHINGTON, Feb. 9, 1370. Mr. BUFFINTON, (rep.) of Mass., presented resolu- tions of the Commonwealth of Massachussetts for the abolition of the duties on foreign coal. TH PENNSYLVANIA CONTESTED ELECTION CASE. The House then resumed the consi@eration of the Foster-Covode contested ejection case from Penn- sylvanta. Mr. RANDALL, (dem.) of Pa., continued his argu- ment in support of the claim of Mr. Foster. Alter @ discussiva of avout three hours the House proceeded to vote on the resolutions. Those of the minority, declaring Mr. Foster elected, were re- jected—yeas 60, nays 124, @ strict party vote; those of the majority, declaring Mr. Covode daly elected, were adopted by # like vote. ‘Khe oath of oMce was then administered to Mr. Covode, Who Was thereupou congratulated by many members, BILLS AND RESOLUTIONS, Mr. JULIAN, (rep.) of [nd., from the Committee on Public Lands, reported a bill for the relief of settlers on certain lands in lowa, Which was passed. Mr. LAWRENCE, (rep,) of Ohio, from the Recon- struction Committee, reported a bill to enforce the amendments to the constitution, Which wus adopted, ‘ir, BANKS, (rep.) Of Mass., offered resolutions calling on the Secretaries of the ‘Treasury and the Interior’ for reports on the fur seal fisheries in Alaska, which was adopted. Mr. Cox, (dem.) of N. Y., asked leave to offer a resolution calling On the Secretary of the Navy for information as to the unexpended balance, moutaiy, from March, 1869, to February, 1870; the aggregate of expenditures for tue same-period; and, it m ex- cess of the appropriations, the ainount of such excess; also the amount of proceeds of sales of pro- perty for the same period. Mr. KELSEY, (rep.) of N. Y., objectea, remarking that all tat inlormation was in possession of tie House already. Mr. BaN&S, offered a resolution calling on the President for information that may bave been re- ceived by the government in reference io the recent assault upon and reported murder of one or more American citizens in Cuba. Adopted. THE LEGISLATIVE APPROPRIATION BIL ‘The House then, at a quarter belore four o'clock, ‘went into Committee of the Whole, Mr. Cessna in the chair, and proceeded to the consideration of the Legisiative Appropriation bill. On wotion of Mr. Dawss, (rep.) of Mass., the salary of the Sergeant-at-Arins of the Senate was fixed at $4,320—tne same as the Secretary of the Senate—with a proviso that hereafter he shall not be allowed fees of any kind. He remarked that the last Sergeant-at-Arins of the Senate was said to have boasted tuat he had made twenty-five dollars a day on the item of horses alone. He would make a silni- lar proposition as to the House Sergeant-at-Arms. Mr. Dawes moved to strike out the items for te reporters of the Congresstonal Globe, ou the ground that the publication of the Globe would probably be abolished @t the present session. Mi BLACK, (dem,) of Ind., opposed the inotion ined’ the propriety of continuing the pro- lication of the proceedings as being the only chaace that many members, himself included, had of ever figuring 1 Mstory. Mr, GARFIELD, (rep.) of Oblo, inquired whether Mr. Niblack ever expected to inflict on lis children any such lahumanity as to require them to read throug the volumes of the Giove to find What thelr iilus- trious father did. (Laughter.) Mr. NiBLACK confessed that mucn of that reading Would be a very great infliction indeed; but Le took it for granted that the gentieman from Ohio (Mr. Gardeld) would uot like to bave lls speech on the census suppressed for any consideration, as that speech would send hum down to bistory as a gentie- man of great learning aud discrimination. (Laugh. ter.) After further discussion the motion of Mr. Dawes was defeated. Mr. NEGLEY, (rep.) of Pa., moved to amend the item for the Caplio! Police *by increasing the num: bers andthe pay to the same amount as in the last appropriation bill. Mr. DAWES opposed the amendment, intimating that there was really no suiiciest reason for the mainteuance of the police at ail, and because the amount proposed would make their pay one-chird Greater tuan that of the Metropolitan Pole Mr. BUTLER, (rep.) Of Mass., advocated the amend- ment, and suggested as an additional amendinent ‘that no soldier now on the force shail be discharged. Ou motion of Mr. Dawes, Mr, Butier’s mouon Was | modified by making it read “no disabled svidier.” Alter much furtuer discussion, the committee rose without dispoaing of the Cues Mr. BINGHAM (rep.), of Obio, moved that when the House adjourn it be to meet on Saturday next. Mr. Dawss demanded the yeas aud nays, The vote was taken and resulted, yeas 51, nays 91. bo the House refused to adjourn over. PRTITIONS PRESENTED. By Mr, BBTCHAM. (rep.) of N. Y.—Of the ciga Manufacturers and dealers in Poughkeepsie, N. Y., {0 restore the tari! on imported cigars to three dol- lars per pound and ofty vee cent valorem. By Mr. BoLEs, (rep.) of Fort Smith, Ark., for an extension of the tie for building the Van Buren brauch of the AWantic and Pacifle Railroad. ‘The House then, at ten minutes past five, ad- Journed, THE JAMES T. BRADY BUST. In Memoriam—Presentation of a Bust of the Late James T. Brady to the Law Insti- tute—Addresses by Ex-Judge Ed- monds and J. W. Gerard. There assembled yesterday in the court room of the Supreme Court, General Term, the legal talent of the city, meluding many judges and nearly all the prominent members of the New York bar, together with a large number of the personal friends of the late James T. Brady, for the purpose of taking part in the ceremonial of presenting & marble bust of the deceased to the Law Institute. Two o’clock was the hour set down for the opening of the proceedings, though the room was densely crowded before that hour. ‘The occasion, tinged a3 {it was with melancholy, failed not to bring to the minds of those present the gentus and ability of the distinguished advocate, whose memory they bad thronged to honor. On motion, Mr. James W. Gerard, the legal veteran, was unanimously called to the chair, and Mr, A. Dyett being appointed secretary, Mr. Patrrerson bilefly stated the object of the meeting, which, he satd, was convened for the pur- pose cf paying tribute to their late distinguished brother. At the time of his death Mr. Brady was president of the Law Institute, and at a meeung of that assoctation held a few days subsequent to his decease a committee was appointed to procure a marble bust of Mr. Brady, to be preserved in the lbrery of the institute, After some further obser- vations, Ex-Judge Epsonps, amid great silence, delivered the presentation address, which was througnout characterized by a profound depth of feeling, elo- quence, force and a true apprectativeness of the Merits of the deceased. After passing an earnest, sympathetic and deserved eulogy on the lamented gentieman Jidge Edmonds went on to state that the event which was now being consummated in presence of the New York bar was not merely in commemoration of the virtues which adorned his private and political itfe, though their disinterestedness at once warmed the hearts of the good and put to shame the aspirations of the selfish; not so much in memory of his wit and his cloguence, thougn the one was “as gentle as bright, and ne’er carried a heartsting on 18 blade,’ aud the other was “rapid and deep and as brilliant a tide as ever bore ireedom aloft on its ’? not 60 much to call to mind the warm- ness which ever placed at the service of the 83 his powers and his purse; not so much even to bring to the view of the beholder that gleam of inspiration, those tints of glory wiich In his loftier moods caused his face to glow with the elevaied ex- pression which the artist had so happily portrayed in the figure presented, but rather to perpet- uate and by the force of his exainple ex- tend the influence of that lofty and even fastidious integrity which marked his whole pro- fessional career. Nowhere did the man’s nobility of soul shine out more prommently than in his conduct ‘on the occasion of the elevation of his brother to the bench. Atthough then tn the very heyday of his po- pwarity he abstained from taking reliances and pracasing in that court, fearing ihe consequences which might eusue. He hoped that the bright ex- amples leit behind by Mr. Brady may ald the breih- ren of bis profession in obtaining that republic of Which Cicero sang, and which has the glory of the soul of the deceased. He also hoped that it would further the determination to uphold the light and majesty of the law. The speaker concluded his ad- dress by calling on those present to fail not in their determination to maintain the right and majesty of the !aw and to preserve unsullied and unsuspected the purity of its administration. (Appiause.) Mr. JaMES -W. GERAKD, as Oirst vice president of the Law Institute, responded, stating that the veau- tiful memorial was accepted. A year ago he whose memory they now assembled to honor saw the last of earth, His body was committed to the dust from whence itcame. He recalied the splendid tuneral ceremonies performed in St. Patrick’s Cathedral, the multitude that attended it, and described, with great feeling, the beautiful ray of sunlight that, breaking through one of the stained windows, fell upon the bier, and he then thought of the grand ascension of his spirit to realins of bliss. ‘The law- yer had no immortality among men. The poet, philosopher and statesiuan made their own memo- rials. The lawyer's reputation passed with the occasions that exerted his cflorts. It was right, therefore, such a memorial as this of one who, among 80 many distinguished, was such a shining light at the bar. After an eloquent dissertation upon the great genius, intellect, tac: and intelligence of the deceased, the speaker proceeded to dilate with force and trutiifulness upon the present condition of the bar in New York; he paid a high compliment to the press, wich he imamtained had ever carnesily upheld the dignity of the legal prosession. ‘The pres and the bar, he thought, should support each other. ‘the way to make the bar respected Was for each individual member of the bar to respect him- self, and while earnestly Maintaining the dignity of the bench uphold their own dignity. The bac of New York was a great one, but there,was absent that esprit de corps which shouid characterize the social relations between lawyers of the city. ‘Thirty years ago the bar ruled the city socially and politically, as those of Boston and Philadelphia dit to-day, conclusion Mr. Gerard recommended frequent soctal reunions among lawyers of New York, aud resumed his seat amid much appiause, On inotion of Mr. Tkacky the meeting then ad- Jourued, when the bust underwent a thorough in- ‘Spection by several emment lawyers mtunately acquainted with the expression of features of the deceased. The sculptor, Mr. J. Wtison Macdonald, of Broadway, to whom the committee entrusied the execution of the work, was the recipient of man flatvering compliments for the accuracy, artistic Skill and workmanship displayed in seleciion of the bust, which is of the finest marbic. Theve were present, among others, Judges Cardozo, Ingr: hain, Barbour, Monell, Van Braut, Daly and Dowsia, Messrs. Iraphagen, Tracey, &c. Altogether, the re collection of the presentation will loug Unger in Wie munds of those who participated in it. SALE OF THE THOMPSON GALLERY. ‘The auction sale of the collection of pictures of the late Thomas Thompsou was continucd yesterday niorning at Leeds & Miner's rooms and was atiended by quite a large gathering of the lovers of art and beauty. An “Early Spring,” with sheep and figure: by Wamwrighi, brought $105; *‘flercuies and Om- phale,” by Paul Veronese, $200; “Venus,” by Largiliere, $110; “The Sleeping Beauty” (life size), by M. Wight, of Boston, $300; ‘The Return of the Dove to the Ark,” by Guido, brought $200; the ‘Siege of Troy,"’ by Zauiialy, $040: a landscape, by liuvsman, $240; © Venus ab suading Adonis from the Chase,’ by Bot, $200; nus and Cupid Asieep,” by Loucher,’ $140; John,” by Ludovico Caraccei, $115; an ailegor' picture contatning likenesses of Louis XIL and ¢ dinal Richelieu, ); portrait of the Duchess of Cleveland, by Sir Peter Lely, $205; a ;*Land- scape,” byG. L. Browne, $125; “Tue Lunch,” by Mayr, $100; ** Bathing Scene,” by Diatrecy, $190; the “Cool Retreat,” by Fox, $75; a Shore scene, by Claude J. Vernet, $51; “A Gloomy Day,” by Hur $52 50; @ portrait of Gainsborough, by himse! “Venus and Cupid,” by Lantini, $95; “A Lan scape,”’ by Carlyon, 370; ‘Tribute of the Seasons,” by Calendrain, $60; *'Venus, Cupid and Pegasus,” Poelenburg, $57 50; ‘A Nude study,” by “Jacob Meeting Esau,’ by Jordaen: $80; “Sunset on the Prairie,’ by Kummer, $67 “Girl Unveiling Cupia,”” by Fragonard, $62 50; “Bacchus and Ariadne,” by Matotre, $50; ‘Lady Balcony,” by Coypel, $75; “Wood Scene, with Gyp- sy Tent,” $65; ‘Vase of Frutt,’’ by Sawyer, $5. “scene near Albany,’’ by Hart, $55; “Daphne au Apolio,”” by Boullougne, $67; ‘Apollo and Le! cothw,” by the same, $57; “Danae,” by Sully, $61; “freaton Falls,” by Rondel, $57; ‘“Wachusset, Maas.,”? by Morvillier, $75; “Garden Scene, with Figures,” oy Pope, $77. Many of the pictures were of quite medium vaiue and brought trom $40 down to gu BRILLIANT METEOROLOGICAL —PHENOMENON.—A very beautiiul phenomenon was Witnessed at Spring- ficid, Lil., on the 6th inst. At sunrise the air was heavy, with quite a fog, but before nine o'clock the gun shone forta with more than usaai splendor, and the air was warm, soft and baimy, like spring. At noon the close observer of the weather a cool, icy feciing tothe air, and a clouds were seen in the sky. About haif-past swo in the afterpoon @ bright, luminous band encircled the aun, upon which appeared, in the eastern and western arc, bright and beautiful ram- bow-tinted objects, about the size of the full moon, in inid-heavens, commonly known as sundogs, About ten degrees above the norti arc of the cirele around the sun appeared two beautilui and remarkably brilliant raimbow-tinted crescents, about fifteen degrees from point to point and about two degrees apart. At tne same ume a wht luminous band, about five degrees in widta, ap peared around the entire heavens, about fort Gegrees above the line of the horizon, upon which Was observed, at the northwest and nortieas:, two bright, luminous objects avout the size of the sun- dogs mentioned above. Ali of these various aud beantiful phenomena remained visibie Jor neariy three hours and only disappeared as (he sun sank to reat in the west, AN ENORMOUS Ox.—The most extraordinary nimal in the way of an ox, of which the whole orld can boast, 1s now on exhibition in Macon, Ga, It weighs 4,545 pounds; ts eighteen hands high, thirteen feet in length and measures eleven fét four inches in girth. 1t was raised in Bourbon county, Ky.; Bix years old, and ia three-fourths Durbam and oue-fourth Devonshire,—Georgia pavers THE COURTS. Violation of the Internal Revenue Law— ‘The Perils of Sailors’ Boarding Houses— A Brooklyn Ex-Postmaster Charged with Embezzlement—The Furman Street Murder—Sharp Criticism of Judge Pratt’s Charge by District Attorney Morris. UNITED STATES COMMISS!ONERS’ COURT. Carrying on Business us a Liquor Deuler Without a License. Before Commissioner Shields. The United States vs, Thomas Ryan.-—The defend- ant was yesterday arrested and brought up for x- amination on a charge of carrying on the trade or business of a wholesale liquér dealer and com- pounder of spirits without payment of special tax, Qs required by law. ‘he examimation was adjourned Ull Friday next, the defeadaut being adimitted to vail in the sum of $2,000, Charge of Embezzling Money from the Post Ofice, The United States vs. J. C. Stonedridge.—The de- fendant, who is charged with embezzling money let- ters from the Post OmMce, gave bail in $3,000 yester- day to appear for examination. SUPERIOR COURT—TRIAL TERM—PART 2. The Perils of Suilors’ Boarding Houses—Ac- tion for Recovery ot a Watch and Money Lett for Sate Keeping—The Jury Find tor the Complainant. Betore Judge Jones, William Smith vs. John Nelson.—The plaintiff 13 an immigrant who came to this country some time since, carrying around his person about §600 in gold secreted in a belt, $100 in bis pocket and a gold watch and chain valued at over $100, The one hundred and odd dollars, together with the gold Watch and chain, he deposited on his arrival with the keeper of a saloon in Cherry street for saie keeping. He then went on whatts technically anden- phontousty called a ‘yamboree,” and took up his loag- ings with Neison, the defendant, who keeps a sailors boarding house at No. 18 Monroe street. While he was on toe spree Nelson took his money belt from him for safe keeping, and subsequently brought him to the saloon in Cherry street and got the $100 and the gold watch aud chalp, which Nelson also took possession of for safe keepivg, Nelson then had Smitn sent up to Biackwell’s isiand on @ charge Of junacy or delirium tremens, where he stayed two months. On his liberavion Smith demauded his property from Nelson, who deniea that he had any of 10 except the $100 and the goid watch and chain, which he turned over to him, as he alleges, but which Smith denies having received, The jury did not believe Nelson's story and re- tarzed a verdict in favor of the plaiatiiY tor the full amouat claimed—$so7, SUPERLOR COURT—SPECIAL TERM. Decisions. By Judge Spencer. don terms, Black vs, Set Guman ves. BOW. —Or Bowes vs, Haiitton.—Order granted, Herdyelder vs. Sleihler.—A\lowance of fifty dollars granted. Fine vs. Thatcher. —Order granted. Schaesehandt ve. Koch.—Order ror discontinuance on payment of twenty-five dolars to bank granted, Van Ness vs, Hedicjero.—Movon denied, without cosis. Tuus vs. Burr.—Mouou for costs and allowance of five per cent granten. kldriage vs, Keed.—Motion denied, with ten doliars costs. Murphy vs. O' Reilley.—VYaxation amended so as to allow three dollars @ day to reieree tor tine. No costs of motion. Knevlis vs. Kalz.—Motion granted, By Juage Barbour. Gregory vs. Gregory.—Motion di dollars costs. Kobinson vs, Aiken.—Motion granted, with costs. Brown » New Bugiant Muiuat Lye insu raice Company.—Motion dened, with tea dollars costs. Todd vs. Moore.—Motion denied, with costs. ‘d, with ten oerereee COMMON PLEAS—TRIAL TERM, Decisions, By Juage Van Brunt. Welch vs, Culiy.—Injuncuon moititied, Carpenier vs. Young.—Motion for receiver granted. Van Nest vs. Hannaford.—Motion tor receiver granted. COURT OF GENERAL SESSIONS. arge of the Grand Jary—Grand Laure cenies—Senteuces of Prisoners. Before Recorder Hackett, At the opening of the court yesterday the Grand Jury panel was calied, and in consequence of another Grand Jury being empanelied tm the Oyer and Terminer, te gen! ea were discharged trom further attendau There were a large number of petit jurors flnea who failed to answer to thetr nam it would be well to inform those citizens who ye been sum- moned to do jury duty in tius court that they will b e fined every day that they fail to atcend. SUERIFF O78) STOLEN FROM A GALLERY IN BROADWAY. Edward F. Rooney pleaded guilty to an indictment charging him with stealing, on the of January, a photograph of herif O'Brien from ® gallery on Di Broadway. According to the estimate o: the pho- tographer the classic uneamenis of Mr. O'Brien were estimated dollars. if Rooney had stolen Mr. O' ontaining twenty- ould probably have 8 owner, Dut be- “oO attempted to “iilea’? from the Sheri, not exactly us “good name,” but his goodJooking face, and thus make lum “poor indeed,” his sense of justice swelled be- Yond is ordiuary proportious and dcewanded that the majesty of the Jaw should be vindicated, Tne Recorder sent Rooney to the state Prison for tour yoars aud six u 5 r¥ 10 A TORS jeaded guutty & uelly treating John MeCorm. charging bin wit ing lin heavily loaded wie the aut ning sore on bis back. ‘The Recorde! to pay a fine of ten dollar: ACOUITT A COLORED SUNDAY SCHOOL TEA 4 James E. Williams (colored) was placed on trial, charged With assaulting John Morris by cutting Lim in the cheek wiih # Katie ou the oth of January. It appeated from the testimony that the parties had a dificuity about closing a window, and the complatn- ant swore tat without provocation Wullauis as- stulied him, ‘The witnes very diferent story, ana the accused Laving proved that he was a Sabbath school teacher, the jury ren- dered 4 verdict of not guilty. Wiliain Ti. Lyons was acquitt grand larceny, ne having been a 1 upon the complaint of Hermau A. Helmioltz, who lost an overcoat at @ ball on the nigut of the 24th of November. There was uo legai prool of guilt, avd Asssistant Disirict Attorney ‘weed abandoned the prosecution. an indictment horse by driv charge of G Daniel Whoonat alleging that on Ui ND LARCENIES. was trred uy nN an indictment night of the ith of January he burgiariously eutered the Louse of Julius Livingston, 68 Carmine street, Hetween three aud four o'clock in the morning the servant woke up and discovered the prisoner in the room, stauding by the bureau tn his stocking feet, A number of Witnesses Were ex- amined for te defence, wiren it was shown that formeriy the prisoner's aunt occupied rooms iu the house, that on that particular night he was under the influence of jiquor and he did not know how he got into the room. i118 former employers gave bin au excellent r for honesty. William H. ers was arraigned upon an in- dictment charging bim with obiaining $200 from Martn Lyaen kK and device on the 20th ef Octo- ber, by representiug that lhe Was a merchant trom Cincinnatl, that be four horses to take to Liver- pool, and that any man who would take charge of them could get nis passage tree to Europe. Lynch betg on the way to Wall street to procure gold for His greenoacks, miending to go to Ireland for his family, thought i: would oe @ good thing for him to have @ frec passage ana nipped at the bait. Ue Walked along and the prisoner said he would give Lyheh gola tor nis paper money, at the same ume opening a pocketboox and showing gold When Lynch toc th@ notes out of his pocket the used snatched them, ran mto a building and escaped, Lynch subsequentuy visited the Headquar- ters and gave a description of the man who rovbed him, and of his coniederate, which detective Tiley Bald did not answer Summer’s appearance, On the contrary answered the Gescriptiun of a well known character named Montagne. When Lyuca Was at the police oliice a photograph of Suruiners Was shown to lim, and be recogaized It a3 the pic- ture of the man who robbed him. Tie dete arrestea Summers in B: ‘ect, & face to face with Lyuch, the latter identific ‘The jury rendered a verdict of guilty, of Cbunsel he was remanded til Praday for ALLEGED EMBEZZLEMENT BY A © % Charies Heuntuger, Who was charged with embez- Zling $150 from lis employer, Frederick W. Smitn, afour dealer in Water strect, was tried and ac quitted, the testimony for the people not being sufll- ciently clear to Warrant a convicuion. AN ASSAULT. Giovanni Gotilla pleaded guilty tos simple assault, the complaimant, Teresa Amida, living at 63 Saillvan street, staiing (nat because se re! d © let lim take improper liberties with her he presented a loaded pistc) and threatened to gill her. Sho es caved ous of the room and calied a policeman to e8 lor tne detenve iold a | arrest him. He was sent ta the Penitentiary for three months, FORGERY. Walter Hamilton, who forged the name of James Deigan to # promissory note for $160 on the dd of September, Hou, ied guilty to forgery in the fourta degree. complainant asked the Recorder to be lenient. and as there were mitigating circum- stances which Mr. Kintzing, Did counsel, Stace, Lis Honor suspended judgment BURGLARY. William Garvin pleaded guilty to an attempt at burglary in the third degree. On the night of the 25th of December the prisoner and two confederates were caught in the act of endeavoring to effect an entrance into the talloring establishment of Joua Denny, No. 716 Eighth avenue. ‘Ihe case was clear and the Recorder sentenced the youthful burglar to the State Prison for two years. The following is the ‘calendar for to-day:—The People vs, Joseph Carpenter, robbery; Same vs. James Russell, do.; Same va. Audrew Bressard, bur- glary; Same vs, George Bennett, do.; Same vs. Mer- ritt L, Reynolds, obtaining goods by false pretences; Same vs. George Sipp,-felonious assault aud buttery; Same vs. James Hasketh, do.; Same vs. ‘Ib Connor, do.; Same vs. John O'Neil, do.; Peter Hart, do.; vs. Charles Hart, di vs. Isaac Simon and George W, Samuels, do.; > vs. Annie Miller and Dora Meyer, do.; Sume vs. Anni Magottin, do.; Same vs. George Mason and Wm. C. Mason, grand ny; Sane vs, James Jonn- son, larceny froin the person; Same vs, Courad Say- der, assault aud battery, COURT CALENDARS—TAIS DAY. OYER AND TERMINER AND SUPREME CovetT—Cin- cuiT,—Part 1,—Before Judge Jagrabam.—Cireuit ad- Journed to Friday. SurkKEME CouRT—Crrcoir.—Part 2.—Heid by Judge Brady. Court opens at eleven A. M.—Nos, 484, 152 6, 1576, 38, 1198, 416, 3674, 945, 1696, 1008, 1610, Supkemge Court—SreciaL Teka.—Held by Judge 1524, 244, 1488, 498, 1306, 1546, 1664, 1406, Cardozo. Court opeus at hall-past ten A. n,—Nos., demurrers, 14, 22; law and fuct, 228, 262, 268, G4, 104, 108 44, 184, 141, 179, 191, 229, 23344, 246, 261, 260, 276. SUPREME COURT—CHAMBEN Hold by Judge + at a Calendar called twelve M.—No, 12%, call Before 335, 1247, rt 2. SurgeRIOn CouRT—TRIAL TERM.—Part 1 Judge Monell.—Nos. 509, 1111, 091, L189, 33, 1: 1271, 677, 1161, 1097, 1139, 1215, 1220, 1269, Before Judge Jones. 2002, 2004, 2008, 2010, COMMON PLEAS—' 2000, 2, 2084. 1.—Before 2 {eRM.—Part Judge Daly.—Nos. 446, 704, 677, 1202, 057, 484, 601, 717, Fart'2,—Berore Judge , 696, 697, ‘118, 719, 720, 721, 722, 725, T24, Loew.—Nos, 415, 642, 208, 342, G93, 694. 6Y 698, 99, 700, 701, 702, 703. MARINE CouRT—TRIAL TkRM.—Part Jadge Alker. Calendar callea at ten A. M. 4745, 4097, 29, 119, 160, 191, 241, 224, 186, 187, 188. Part 2.—Belore Judge G: 205, 4430, 4527, 68, $8, 90, 97, 140, 144, 1 174, 186, BROOKLYN COURTS UNITED STATES COMMISSIONERS’ COURT. Arrest of an Ex-Postmaster on a Charge of Embezzlement. Before Commissioner Jones, United States vs. S. H. Robverts,—Vie detendant, who was postmaster of Brooklyn during a part of 1867 and 1868, was arrested yesterday on the charge of having while in office embezzied ¢ from the “money order fund.”? It seems that the alicgea em- bezzlement was discovered before Mr. Koberts Was removed from the ofiice, but the autuorities at Washington gave orders that the charge suvula not then be pressed, which remained tn to; nati yes- terday, when the Districh Attorney was notilied Lo proceed with the prosecution. 4 was there- upon arrested. He was held to await au examina: tion, SUPREME COURT—SPECIAL TERA The Furman Street Marder—Argument on the Motion to Have Edwin Perry Aduitted to Bail—sbarp Criticimn of Jndge Prats Charge by the District Attorney—' | have been made in the Court of Oyer and Terminer, Which should not have been adjourned without bis ese peliitng belorp He He proposed. tp, present ta peuding vefore it. He pro) this court the proof why this man should not be ad- multed to bail, but the Court of Oyer and Terminec Was adjourned five minutes before, and it was ad~ Journed for the purpose of having this application made before his Honor Judge Gibert. The District Atorney repeated that the case was one of murder: or notliiny, aud by no ible construction of the law could tie question of manslaughter be involved wt aud yel that was disunculy presented to ‘the jury, as Daturally to misiead them in regard to the Jaw upon that subje: For instance, tie Court charged the jury that the inference to be drawn from the use of a deadiy weapon was that the party tn- tended to take lite, ‘That is the presampuion. That Was correct. in the very next sentence the Cours had contradicted tus. ‘The jary were bound to take the Jaw from the Court, out if the Jury had taken these instructions from the Court and followed fis leading they would have without leaving their seats, Gonzales, the Spanish assassin, was judicially mur- dered, for the circumstantial evidence was stronger in this case than in the other, Mr, Morris thought that Judge Gilbert should compare the two charges. Judge Gilbert thought that it was not proper for him to listen to crineisms of Judge Prats charge. Mr. Morris continued by asserting jo the whole charge not ap allusion bad been made any where, or the attention of the jury directed to a single circumstance on betialf of the peopie. No allusion had been made to the fact that cartridges corresponding tn size to the bullet taken from Hayes’ body bud been found in the prisoner's house. Mr. Morris said be was prepared to show that the evi- dence of tie defence was perjured; but the Court charged the jury Unat the character of the witnesses had nothing todo with the case, Therefore, i the jury acted under the judge's churge they had to accept tms evidence as true, and that tt followed that the testimony of the prosecu- tion was faise. And yet he said such was the charge precisely. He thought if the case had been proper ly presented to the jury a conviction would uave followed. A lurge portion of the evidence taken on the trial was carefully reviewed. He calied the at- tention of the Court to many circumstances Which he considered important as bearing upon the case, but which, he sala, Judge Pratt had Tailed to allude to ta his charge. He thought upon the evidence which bad been adduced by the prosecution no reasonable man would have failed to convict. If this murderer was to go out @ free man, bailed by the Court, then it might be said, im the words of Jack Reynolds, “hanging — for murder 1s played out.’ Tuings had come to SUCH @ pass Laat it was more safe now Lo Lake human ivfe than It was to taxe property, A burglar had some chance of going to prison, but in nine cases out of ten the man who takes your lile gets clear enurely, There was not a Ulel Who would not bail with joy the fact tuat Perry had been disciiargea on ball and reiterate that there was no hanging for imuraer tn New York. It was time the courts awoke to their duty in regard to these matters, for the community had some rignts. It was time these farces or pretended trials were stopped. Society would rise up in its might and assert tts original aia sacred rigut to seif-protecuon, taking the jaw in its own hauds, If the courts would nol protec mmuUnity the community had right to protect itself, mar, Spencer replied to Mr. Morris at some length, Ju whica he defended Judge Pratt and spoke con: demnatory of the District Atiorney’s course. Coun- Sci read an ailidavit of Mr. Morris to the elfect that Judge Pratc had expressed the belief thut Perry should be convicted. By the District Attorney's own showing this was @ private conversauon, and the aiidayit’ had been dictated in the sume spirit wich termed the defence # perjurer and Juoge Pratt a fool. Mr. Speucer then proceedea to review the evidence, contending tat it had uo beariug against the prisoner. He alluded to te prisoner nolds, ia New York, who said “hanging lor murder Was played out,’ and then re- marked that they Hed HOW an Mumation from the District Attorney that antess “you and Judge Pract behave yourselves there wul be a Viguance committee mu.” Iu conclusion Mr. Speacer clauued ynstitutional right lor the prisoner—tnat itt! uitted the prisoner If that were law, then of reasons wok Ue papers iM tie Case aod re. sion iwoner was the! Misled and the Rights of t Ignored—Rejoinder of Mr. Char! Decision in the Case Reserved. Before Judge Guibert. The case of Edwin Pel he alleved assassin of officer Hayes, night watchman at Harbeck*s stores, Furman street, Brooklyn, who was murdered on the night of Deceimbe: last, came up yesterday morn ing for argument on the motion of Mr, Charles 8, Spencer to lave the prisoner aduitted to bull. The court room was densely crowaed with spectators, Perry was produced in court on the writ of habeas corpus granted last week and appeared as uncon- cerned as ever. When the case wis called on District Attorocy Morris, addressing the Court. said:—I see by the writ that it ié ade returnabie before your Honor asa justice of tue Supre: ourt, J suppose that your Honor had no autuority im this mnatier of bail, ‘she Supreme Court 19 not a justice Of the Supreme Court. Mr. Spencer—I did not hear. Judge Gilbert—The objection is that a justice of the Supreme Court is not the Supreme Court. ‘the objection is overruled. Proceed with tie ¢ Mr. Morris said be could cite authority 1 of nis objection, and called attention to t Van Hora (Barbour’s Reports). Le conte the writ must be returvavle to the Supre: Mr. Spencer—in iny judgment the writ has drawn by my associate’ with vopriety. orders that this defendant be bronvat betore the justices of the Supreme My rule in tweuty-three years’ practice hax always been to make it returnabie before one of the Justices of the Supreme Court, and i have bad writs of tuat kind passed upon by every jusitce in the First circuit tur twenty years, Judze Giivert mtimated that furtuer argument would only be a waste of Lime, as le Cou\l issue a new writ and have it revurnable ia ie supreme Court. ‘Mr. Spencer then proceeded—May 11 pte your Honor, the petition upon which UW aulon 1s based sets forth tat the petitione: has veen conlined in tue County jail of Lis ¢ since the 2uth day of December last; that during that ume he has been twice tried lor the offence upon which he was committed; that on each oi ine the jury has disagreed; and che petilioa seis forth, As a matter of iact, that upon tue last urial elvis of the jurors were tor a verdict of entire acquitiu.. ‘ine peiltion also sets forth toal he is ww Lian of humble means; tat he has a wile aud six | chifdven cependent upon him for support, and prays your Hover to admit ia to. such ball’ a3, under the cirenuesta you may tink just. Now, way it picase your Houor, { have a Word to say by Way of Opening Lois motion. 1 don’t thivk, sir, that a preceuent can be found in the eutire lustory of the adinistration o1 crimmal justice In this state Where a person tried twice for the same oflence and Lue juries disageee- ing has been refused bail. Ina ity mine hundred and ninety of a thousand a man would his oWn recognizance alte second Alter a man bus goue thiougi tins ordeai twice will. bis Wie nang Verret of & jury of hi t attorney as able as the District Attorne 8 county baw wot been abie to convince either of the juries of his guilt, £ coula aimost ask the Dist mney, were | not aware L Qis leeliags wer ageu in tite | matter, to move “or #% nolle progequi. the mau ougit never to be tiled again. Jtas proper for aisu to state (iat inasmuch as this is | dressed to your douor’s « the fact that exgit of the i acquittal noW im court the foreman of 1 weil known, wad be gives me tier was ong of the minority, 1. oIne LO ADY ConeIUsION a vercict of mausiaughter in the turd ¢ seems to me, thereiore, that 1 stand almost the entire jury to sustain we in tt of this motion, Mr. Morris—If the Court please, the very state- Ment that the counsel has just made 1s suiticient to siOW the Lact that (his Ian has not ween Lwice tried; but if this case vy any judge, by avy court, was ieft to the jury in Sach a saape that any im could consider ior & womens the question as to mat slaughter trfaay of the dogrees, It ts sur tablish the tact that charged by the Cuurt. Now, this motion simply upon the ground that this man | twice tried and twice tac jury bave disa the counsel siates I never occurs at 1s twice ied and) we that van is refused. in tis county since 1 t Attorney juries have twice dis: 13 based and con- wate Prison. is not un 3 tO be tried the tuird Ume, on a8 to Woeluer tne pariy usual at all for part and this 14 not a que bus been tied ouce, twice or three Unies, but the question 14 upon the evidence in te case. Is it a proper case for ball’ That is the question. Now, [ propose te Suuw your Honor that it is not a proper case to ball, ‘Thatis just what I propose to show ia this case, It is w Cus of great imporwuce to the prisoner, aud it is of some little importance to the comunity. And [ propose to show your Mouor that Unis Case Was submitted to the jury under mistaken at of the law, Wiil say were mistaken ideas of the law. io show that evide ju Uils case was ruled out witeh should veen ruled out, and whieh your Honor wil fuy should net have been ruled cul, and watertal testimony In lis case. Judge Gilpert supposed that Mr. Morris was cor- rect.when he stated that the fact that the tyive disagreed was nota matter of grea His Houor, however, in considering (us application should not ivok beyond the indictment and whether @ picsumption of the prigoner’s guilt was raised by the evidence. He also thought it was uot proper Jor him to mquire ws to the propricty of Judge Pratt’s charge or Ue exclusion of evideiice. After some further discassfon Mr. Morris said that the application had been based on the disagreement of both of the juries, anu it was for him to stiow that they had failed to agree because of the exciusion of tesiimiony which should haye been admitted, and also that the jury bad not been properiy cuarged. AS to the question of the degree of the crime, Mr. Morris said Wat the case Was one of murder in the first degree or nothing. There was no pretence of heat of passion aud no evidence to show auything of the kind, no qualitying circumstances. Mr. Morris said bp showld bave preterrea shat this motion suould COURT CF SESSIONS. Troy and Justices Voor Jubnaon. ; SMICED HIS SISTER'S NOSE. ! Monavan was placed on trial yesterday imorning for assaulting his sister, Mary Monahan, witia knife, It appeared that on the evening of the Sth of November last Felix returned home and not finding bis supper m readiness for him he ve apery and took ter to task for it, A el he da case knife, A was on the ie, und deliv ly sliced the poor woman's nose. ‘the jury convicted aud Judge Troy sentenced lum to the Penitentiary for one year, A FEMALE THIEF. Mary Lake, a young woinan, was tried for steal- ing thirty doliars from her employer, Mrs. Aun Ward. ‘the prisoner was employed io'the patery of the conipiaining witness, at the corner of Jay and Concord streets, and the tell was Cominitied on the 10th of December last. The defence was that the Before Judge prisoner found the money on the floor in the store. Woen questioned by tie Court a3 to why she had not delivered the r employer sie replied that wi was slack.” The jary vendered a v: was sentenc THE on and the prisoner 4 to the Penitentiary for oue year. RESCLY OF INTERFERING WITH A POLICE OvrICER. Patrick Farrell, a Witlamsburger, was tried and convicted for ti ring with oMecr Taggart, of the Forty-fith preemet, while the Latter Was in dis- charge of bis daty, and ung @ prisouer from bu. The doilars or days. Dooley, 1 Gowanus, aud ry jor tiirty days. A noile pros Lin the cases of Giuvous aud ad jomuly indicted with Whitman, ANDITRAGY AGREST. itional Right to Remove Cause for New Trin} After Jnagment. y Argns, Feb. 9.) t the case of Patrte va, ion was brought for wn st, and in which the plaintify recovered $9,000 dama at the Yireuit. The defendant Altempted to remove the case for now triat mto the United States Circuit Court, under the vistons of the act of dull arrests made by or und Vresident of tae Tnited St stion of bis constitu. ed the Supreme there argued authority of the 1, rt he was t of the case has been adduced by cour s olowing poluts:— First M hetter or Dot an w of 00! eS3 provid- ing for the renoval, after jndgment by a State court, of t twas ren cause in whieh this judgae t ve of the yhu, 13 an aes ia pursu ue United States, ¢ provision In the sev- titution of the United fact bya jury miner ia a of tue ruing vo the rales of the 8 to facts tried by 2 jury ina purr. pargume defendant, ACCIDEST$ O97 TNE ROAD. d and Several Wounded, cramento Union, Feb. 1.) 1 (rom dwin A. Burr, a resident who has just retu: froma «account of the sccideat on oad which happened op Sat- KP, M. Th® train lett onsisted of two niger Cars, on Friday Two Persona Kil [From th We have receiv of this city since 1 visit Lue io the Uniou Pacific Kaur urday last, at one 0? vull and iso” passengers. morning another tram was overtaken. — It had been deiyed twenty-four hours by snow, and bad met witb an aceident in ranomny off the track, oy which ue man bad been killed, anower | had is leg vrokea, and stil another had lost his right foot. A transfer of passengers was made and the train proceeded. When tt lad reached a point five miles th! de of Aspen station, and while the twain was turning a curve, the rails gave way and the two Pullman, cue commissary, and one of the assenger cars were precipitated over the cmbank- ning over Sy they went dowa, and tailing ding about fifteen feet to the bottom. Much » excitement ana terror ensued. With few exceptions the passengers were ull more or jesg brutsed and injured; meu emerged from doors aud Windows with ghastly countenance, tm many instances streaming with blood, and Indies and children were carried away wounded and faint- ug. Twomen were Jound to have beea killed; they had jumped iu the cars aud were crushed beneath them. ‘ite ladies, children and wounded men were placed i the remaining passenger car anc. taken fo @vsuston, alter which the train retarned and conv! remaining passengers and the Gead bout same station. A new train was made up at Lyanscon—oue of the three trains which had arrived there as the same time, owing to delays | from snow and accident—to bring the passeng srs through. {from the Omaha Republican, Feb. 1.) There wi > passeagers on board, and of course the confusion and dismay caused by the up- set must have been frightful. AS soon as.the débris was cleared away aod phe women and children looked after tb was discovered that two of we gen- Uemen passengers were Kiled, These were Mr. August Buectter, of New York, ahd Mr. M. O’Sul- livan, of Chicago. Severa ovber passengers were considerably bruised, but none seriously injured, A murder, rather similar. in its features to that of Pantin. has just been discovered ag Pc France. ‘The victim was killed and then bt der 9 wal- But tree. Tho wurderer only the palwry, * sum of one iranc forty eentumes,