The New York Herald Newspaper, December 15, 1870, Page 8

THE MURDER MANIA. Trial of Lawrence Sullivan for the Murder of John O’Brien. History of the Crime—Ffearful and Bru- tal Depravity. Dunn Convieted of Manslaughter in the Third Degree, At the opening of the Court of General Sessions yesterday, Recorder Hackett presiding, Lawrence Sullivan was placed at the bar charged wiih the murder of John O'Brien at No. 1 Whitehall street on the 13th of June last, From the calendar ot mur- der cases coming before the courts aud the fre- quency of the tials that follow the commission of this terrible crime—the highest known to the law— and the rapidity with waich a new cragedy follows on the steps of the horror preceding tt, as related at the tume of the occurrence, the public mind must fait to remember any of the party 3 of the crime for which the perpetrator has for a while lan- guished in a prison and ts at last calied up for t For these reasons the revolung circumstances ate fendant on the death of the unfortuaate O'Brien at the hands of his siayer, Sullivan, the prisoner now at the bar, are most probably forgotten, aud, ther fore, require a brief retrospe BRIBE HISTORY OF CASE, As before stated it was on tie 13th of June last Bhat the deceased, O’Brien, came to a violent death through stab wounds inficted ou lim, 43 charged, by the prisoner at the bar. The latter was consid. ered as one of the most abandoued aud reckless oharacters of the lower wards of the city—an havivual drunkard and a quarrelsome and dangerous man. In proof of tus it 1s ouly necessary to refer to the violent conduct of the man when ke was under ex- amination before the Coroner. On that occasion it will be remembered that wiile a Mrs. Buckley was giving her testimony In the case the prisoner sud- denly bounded across the space intervening between Mumeeif and the withess, and with an uplifted chair jm his hand attempted to strike down the poor wowan, There is little doubt that but for the tumely intervention of the police he would Bave added anotier termble crime to wat for which he was then t amination, OPENING OF TH) TION. Assistant District Attorney Fellqys in opening the ase said that he would not do so al any length, ex- cept to simply state that he e ted to prove be- yond all doubt that the accused committed willal and deliveraic murder; tat O'Brien received a stab | wound at the hands of the prisoner, which nine days | subsequently caused lis death, and that Wie medical testimony would establish the fact that death was caused by peritonitis of tae abdomen, THE TESTIMONY. The testimony adduced by the prosecution was | very brief, bui the facts c!early pointed to an act of unjustila le and unprovoked killing on the pare of | the prisoner, Were it not for the protracted cross- examination of the witnesses by the prisoner's coun- #el, the case would have been closed before the ad-« Journment of the couri. It was generally conceded that the evicerce of the people's withesses, if believed by the jury, apd mot materially changed by any tesii- mony that the puisoner migit auduce, must inevita- | Diy result in a Veidiet of murder in Ute Lrst degree. | As Will be seen by che Suatenent Of the with unfortun prisoner Was Very quai reisome, abusive to lis tutor Some montis sae has been compeiied Lo separate (rom ln and share ber mother-in-iaw’'s humwbie apartiueat. Dr. Of proci, and testille examined the body of Jona 0h Pital at ten o’elock in the mor Geath; le ound an incised wo three-quarters of an inch i 1 three-quarters inches in dep: cavity of the abdomen he tc in his opinion Uie cause ¢ the other organs ound then hi TESTINO, JOHN 0°0¢ The next witne gentleman ot he lived in had such tingly diilicult to understand nila, Tequest the stenographer of the court to r testimony afier be finished bis statemen y O'Connor said that hs was the lessee of the house No. 1 Whitenall street, aud that upon the evemug in uestion, the i3th of Jaue, While gomg up Markel- id street, some of Lie ieuants called Lo hun to | come tu and quell the diderence that Was goiug on between Lawrence Suluvan aad bis wile: Ui oner’s wile and motier-lw-iaw had hired from one of is tenants, anc did not itve with him (the prisoner); the witness Wext up siairs into the Toom Where Suilivan was aud found hin situay aa a chair; his wile was standing on the foor with a chia in her aris; the witness siook hands room, aud sat dow leu sald, “Aur. U Cepuer, ilar order aol dune be evue Hus- og, Len hours aiter nd ab IOMEL, aud one and Upon opering the md peritonit death ‘The jury had w prisoner's mother-tu-law are we not weil treateu by THIS MCRD ¥ that murderea my brotu ad he wants to murder me;” he mave a sharp answer back and O’Conuor-rose and tapped hin on the shoulder ing, “lake nu notice ot What these women say, they have got the use of their iongue, yet up and ‘out;?’ the prisoner got ms cual out peaceably with O'Connor, the ¢ tween him and his wue having been quelied before he (the witness) got im, whed Ms m ther-in-!aw struck Sullivan wili a piece of Wood and he struck | her three times with a parase!; witness caught held | of the old woman, Mrs. Swe: Ind old her to have | better sense, but she still wanted to attack hin; so when he saw low the ting was ne tried to get away; , O'Brien (the deceased) was suing upon we stairs, | two or three steps up, anu witness stood a ougslue Of him, thinking that Sulivan Would go down siairs; he turned round, however, OPENED A KNIFE and said, “Are you U’isrien!? “Yes, ‘Me prisoner replicd, You son of a sald O’Brien; —h! by J—s, Pil kill you!” O'brien said, “What did Ido to yon? I done nothing; witness, iuterposins, said, “He did nothing to you and uever said a word;’ Sulll- Van then made THREE STABS AT O'BRI tm the belly and went down stairs; the murdered man groaned a little when he was stabbed; the pris- oner Opened the knife as he Was runuing towards O'Brien; the deceased had no ume to save himself, the thing was done so quickly. ‘This witness and the other persons examined as to the occurrence were cross-examined at great Jength by the counsel iggy tue prisoner, but no new facts were brought oul Frequently the Recorder had to remina the counsel that he asked the same questions over aud over again. O’Connor sai tat O’Brien did not strike Sullivan nor say a word to him. tESTIMONY OF JULIA BUCKLEY. Julia Buckley, occupying a room in the tenement house, said that she le! a bedroom to Mrs. Sweeny and Mrs. Suilivan; on the evening In question Airs. Sullivan was in her room, when tne prisouer came | to the door and asked her to go out; sie said “No; ‘ue prisoner said, “li you don’t I WILL RUN YOU THROUGH; and he took hoid of her by the head and pulied her Into her own room; the witness told him he must Dot kill her, and he said i he would he was to sufier for it himself; she did not see what ovcurred da Mra, Sullivan’s room; the wie of the prisoner called Mrs. Buckley in tu save her, but she was afraid to go tn: she did not see the stabbing; the Witness often heard the prisoner ask his wile @ Jive with him, butske would not do s« . * JOUN HOGAN'S TESTIMONY, John Hogan, wnotler occupant of one of the rooms at No. 1 Wiitelail sireet, testified that upon hear- ing some persons scream he weut to go down stairs, when John O'Connor stopped him; he n saw O’Brien backing up against tue stairs and saw Sul- ivan come on him; tie prisoner said “AIN'T YOUR NAME O'BRIEN #7 “Yea,” said O'Brien; “but I done notuing to you; with that the witness saw Sullivan’s hand | Supreme Court, Chambers, and the Oyer and Ter- eiieecer wis Y he said, i 1 AM STABBED;” ane caught hold of Sullivan. by the collar of the <a brother?” he lb ruffian! did you kill my “Let go of me!” but she rt hanging on to the collar of his cout; he d: her down stairs, and then took something out of his left | hand and put it into bis it hanc, at the same | time shouting, “If you don’t let go cf me I will cut | the stomach out of you.” she said, “You have com. | mitted one murder, do not commit a second; you have killed my brother and I will have vou ar- | rested; the prisoper gave hev another shove, drew a knife and “made an awfal fierce draw with his hand” and threw her against the wall; she fell | down, but, recovering herself, she Jum) up and pursued htm; she saw her husband coming out of the store, an’ he asked, “Mary, what 1s mnat- ter?’ she replted, ‘Stop that man, he has killed my brother;” he ran after Sullivan aud she did not see him until he came back 1n charge of an oificer; she Saw the blade of the pocket knife shining m his | hand; the occurrence took place after seven o’clock, | about dusk. Cross-examined—I think Mrs, Sullivan has been Married to the prisoner three years, but has been separated from him for some months; 1 heard my brother say that evening, when he was putting on | his coat, that he had no sympathy for Mra, Sullivan, and that she ought to have the prisoner arrested. To the District Attommey—I saw my brether the ; next morning at Bellevue Hospital: he was twenty- live years old and was in the store with my husband, TESTIMONY OF OFFICER SMITH, OMicer George Smith test.tled that ne was on his post that evening in Broadway, nea” Beaver street, | and saw a crowd ranning after Sullivan: he pur- | | sued him down Morris sireet and halloged te Lin to Stop: he did 80, turned and face( him; when he «the | omicer) grabbed him and asked what was the mat- ter the prisoner made no reply; & young Mau came runuing up and said, “18 HAS JUST MURDERED A YOUNG MAN; he has a knife im his hand;” the oMicer took his hand nd a knife clesed; It was a long-bladed jack nd upon examining it bieod stains wi covered upon It THE COURTS. The Old Colony Outrages—Captain Grindle Held— The Seven-Thirty Bond Counterfeit Case— Business in the Court of Oyer and Ter- miner—Interesting to Liquor Deal- ers—In Search of the Picturesque. VOICE OF THE PEOPLE. City Mauufactures in America. To THE EDITOR oF THE HEKALD:— On the 19th of April, 1866, the NEw YORK HzRALD initiated the custom of calling special attention to offic al facts showing the extent and value of manu- factures in commercial cities, aud pointed out the tendency of manufactures to forsake waterfalls and coal mines and crowd into the marts of commerce, The HERALD showed, from the “Statistics of Manu- factures,” published some five years after they were collected, that the value of the mannfactures of New York city was greater 1n 1869, by $28,000,000, than tho entire manufactures of four of the New England states during that same ear; that New York, although employing some . : sh 500 fewer operatives and some $12,000,000 less | SUPreme Court yesterday: — capitat than Philadelphia, manufactured 3 of No, 29, Jumes Coddington vs. Lyman Richarda- the value CM Bi — of sano on son.—Error to the Cireutt Court for the Southern manufactured Bory ot the iolOwlue piace, to La | District af Iiinots—This was an action of trover most largely engaged tu manufacturing, viz. :— brought by Richardson to recover damages for an No, af Vaiue of UNITED STATES SUPREME COURT. a Chattel—Rights of Mercantile Agencies. Wasninaton, D. C., Dec. 14, 1870, ‘The following case was before the United States Now Yorke suane gouminter — Shamurees. | and mules. A jury was waived by the parties and Philadelpaia. 73,318,885 “135,970/777 | the issue was tried by the Court, The Cincinnati . 17,855,735 46,430,643 | result was a@ finding that the _plaiutir Ey 20,118,013 | was the owner of an undivided interest 22'647,496 | of One half in forty-eight mules and fifty-two St. Louis, 21,172,323 | horses, part of the property described; ana that the ‘ r r defendant hud converted it to his own use, The Teal. passed ‘sear utatne ceyeotiagty | Judgment was accordingly, and. this writ of error see oficial expositions of the location and vaiue of | products of ininuiactures, Public epinion wiil no | jJonger tolerate the seclusion ef valuable knowledge during five years, but very soon W? shall be enlight- ene’ by the teachings of the census of Lsi0, dy the newspapers of St. Louis have ex- | from the Marshal of Missouri an exhibit of Was sued out, motion for ® new trial having been denied, The bill of exceptions sets forth the whole testimony in the case, but contains no exception to | any decisioa or ruling of the court but the general | one of ‘tinding the issue for the plainud, and in overruling the motion tor # new trial”? The argu- THE PROSRCUTION RESTS. Mr. Fellows rested the ease forthe people. The | Recorder having an eflicial engagement there was no session of the court in the aiterneon, His Honor instructed the jury to hold no conversation with any person respecting the case, and said that they ; were at liberty to visit the scene of the killing if they chose to doso, ‘The triai will be concluded two-day. THE LOGAN NO. 2 MURDER. Jeremiah Dann Convicted of Manslaughter in the Third Degree~Close of the Trial—The Jury Locked Up All Night—Tho Verdice— Motion tn Arrest of Judgment—The Prisoner Remanded. The jury in the Jerry Dann murder trial at the con- clusion of Judge Cardozo’s charge on Tuesday after- noon retired, at three o’clock. to consider their ver- dict. Shortly thereafter rumors floated throngh the crowded court room that there was no hope of agreement, So great, however, was the interest felt in the case, and so anxtous were the audience which had been so attentive throughout the whole pro- ceedings to Know the flat ef the jury and to hear their verdict pronounced, that the mdications of a protracted deliberation had no effect in dispersing or even thinning the assemblage which blocked up the room to its remotest recesses, ; THE JURY DIVIDED. Just before five o’clock an oMicer of the conrt bore the ridings to Judge Cardozo that the jury were di- vided up into conflicting opinions on the merits of the case before them, and that at present a verdict ‘was not to be expected, The Court thereupon an- nounced a recess for the might, and the jury were locked up. THE JURY. After spending the live-long night in sinmbering, deliberating and moralizing on the glorious ameni- ties of jurorship. the twelve men selected to deter- mine the fate of Dunn awoke to the pressing de- mands of hunger. At half-past seven o’clock they eagerly sat down to regale themselves on a preak- | fast which bad been provided by the officers of the | court. At (his time no progress had been made towards the adjustment of the discrepancies of opinion which had prevailed through the night; but as the rations’ disapeared there disappeared also much of the obstinacy which had been a stumbling block in the way of conformity of opinion, The jurors’ | faces began to assume a more genial expression, and at the close of the repast they leaned back in their chairs with the satisfaction of hunger ap- peased and now fairy put their heads together. ‘The result was that some mysterious agent soon | whispered THE "S$ OF AGREEMENT, | and althongh at that time tt was but little after nine o'clock the tididgs reached beyond the court house | and attracted an immense number of persons to the spot. Phy ten o'clock the corridors and staireases of the nd all the avennes leading to the Over | miner court room were blocked up with an | pwd of humanity, E CARDOZO ARRIVES, At ten o'clock Judge Cardozo arrived, and ob- tained ingress by the door commuuicanng between miner, ‘The jury were also admitted by the same way, and took ther 8, auXlously Walling for the dispoual | of their business. At half-past ten o'clock the doors were thrown | open, when such a scuffing and confu lon ensued as may be better imagined than described, Those nextthe door undied i with arusb, and scam- | pered in irrepressible disorder to the nearest seats. in a few minutes the room was crammed to its fultest limits, and yet there gull remamed outside an immense throng, doomed to disappolitment at not being able to witness the final proceedings af the trial. THE PRISONER. ‘The prisoner, who had-been quietly conducted to the cour: gome time before, looked nervously anxtous | and somewhat despondent, the nonchalance which had beon the feature of his deportment on the two previous days having almost entirely vanished. | fe scanned the jury earnestly and inquiringly; be listened to the various specuiatioas on the verdict which were passing around him; his face became flushed, and he moved uneasily in his chair. THE VeRDICT. At length, the court hivins been formally opened, Mr. Vandervoort, the venerable Clerk of the Court, | said—Gentiemen of the jury, please answer to your names, The names were then called and respectively responiled to by the jurors, | ‘The Clerk—Gentiemen of the jury, have you agreed upon a verdict ‘The Foreman, rising with embarrassment and | downeast eyes—We have, sir. The ClerkK—Please rise, gentlemen of the jury. Prisoner, rise, As the jury and prisoner stood con'ronting each | other tae buzz and rustiing of the crowd ceased ae | if by magic. and a deathlike silence reigned suprems until broken by The Clerk, who said—Jurors, look upon the prisoner; prisoner, ook upon the jurors. How find , you gentiemen—guuty or not guilty ? | ‘Tue suspense now was intense. Not a movement was heard while the foreman read ina ciear but solemn voice, which sounded ominous and made the prisoner tremoie:—“We, the jury, do render as our verdict Ulat the prisoner, Jeremiah Dunn, is guilty of mansiaughter in the third degree, and we ind no mitigating circumstances attending the commission 01 the crime, Agleam of retie: lighted up the face of the pris+ oner on the rend.tion of this sentence. POLLING THE JURY. Counsel for tue prisoner—I ask that this jury be polled, and I respectfully ask the Court to iniorm | the jury that the answer 1s as to each member of the j as to his own conviction, and not whether he has agreed to this thing for any reason or pur- pose, but whether It 13 bis Own Couscientious convic- tion. ‘Ihe jury was then polled, each juror adopting the veruict a8 his own, MOVING FOR SENTENCE. ‘The District Atiorney—l now move, your Honor, that sentence be passed upom wis prisoner accord- ing to the law. MOTION FOR POSTPONEMENT OF SENTENCE. Mr. Purtlet—We skould like a postponement of the sentence, iu order thal we might be Heard on a of judgment. : under such circumstances I will hear towards O’Brien’s abdomon three times i sue sion, but did not see anything in his hand; OB lived on the second floor, Mrs, Suilivan on the third Moor, and the killing occurred on the third Janding; the wituess lived on the fourtit Noor, ANN KINNEY’S TESTIMONY. Ann Kinney, who lived on the fourth floor of the house, was on the stairs, when she saw Sullivan ap- proach O'Brien, clapping his leit hand on the sioul- der of deceased, and heard him inguire, ‘Are you ‘the man Wi wok hold of me a while ago?” O'Brien halloocd “No, 10, no |” whereupon the prisoner made three stabs at him; the wituess did uot see what le had in his hand, TESTIMONY OF MARY O'CONNOR, Mary O'Connor, wife of Jolin O’Connor, the son of ‘the previous witness, and the sister of the deceased, stated that she occupied the floor immediately over the store at No. 1 Whitehail street; her brother took twa ih her on the evening of the Killing; they heard a noise outside; he inquired what was the Matter, anu sire responded, “On, [suppose it is Suill- as usual, beating his wite up stairs;’’ after hav- 18 Supper O’Brien went out and saw his father+ tm-law coming up stalrs, inquiring what was the matier; doceased put on ils hat and coat te go down ana jet ber husband up to his tea; Mrs. O’Con- por subsequently saw Mrs. Sweeny come up stairs, ‘with an umbre!la m her band, “awfuily excited,” gad her brother (U'Brien), who was standing on the stairs, got out of her way; the witness went Into her own and soon Mae Bears the Mer of a van’s wife, raylug, , Murcer! you have e bim !’ she then freara are ers i) and ne ‘was moaping; she ran out and saw Sullivan, ex- tying 9 broek threugn tay ha motion. R REMANDED. After some brief alscussion on the motion for postponement of sentence, the Court rewauded the Penwce ruil ten o'clock this morning, When be will nee. ‘A POCKET CONFLAGRATION, How a Lively Youth Was Brought to Grief in a Matchless Sort of Way. a A young man named James Hamilton, a clerk in the wholesale fancy goods house No. 839 Broadway, made a purchase yesterday forenoon which he evi- aentiy believed to be of value. The purchase was a good sized box of patent matches. He stuck the box into.one of his coat behind pockets, went to the store and leaned rather roughly against the counter, when of asudden there was an explosion or fires cracker sort of sound that created quite @ commo- | Tesults of the census of Chicago in a Western paper. aud the agriculture of the nation, CQ Card from Jokn B. Surratt-Why He Was To THE EDITOR OF THE HERALD:— the benefit of the political press of this city, that I do not appear as an exponent of party principles, I had no idea thut the prevs would regard me, for an instant, as a poltticul lecturer, and feel th bound to take sides ‘or or against me. | you tue whole radical press would have been down |; aseuredly,” he repae’, the manutacturing industry of St. Lents as revealed | dence the by the census of 1870, 10 is of the most gratifying | way. The de/endaat in error insists that on such @ character; it 1s minute and full, and reveals a | record there 18 nothing for the court to consider. growth almost marvellous, Wecan now fully uu- ‘The declaration is im the urual form, the derstand the cause of the great increase of the | proceedings are ar, and the tinding regu! ol fact by the Court, like the verdict or a jury, is | conclusive here, and whether the fact was rightly | decided or not, according to the evidence, is not | open to inquiry in this court, Population of St. Louts since 1860, In ten years St. Louls manufactures have increased from $21,712,823 to the | =6vast =osum of $92,377,729—more than fourfold. Excepting New York and Philadelphia it is now probavly the lurgest manufacturing city in the Uuited States, It i8 J st possibie that some city of the five which ex- ceeded St. Louts in 1860 may heave maintained its | pre-eminence, St. Louls was in 1860 the eighth | city iu population and the seventh city im the ex. tent of its manufactures; in 1870 it is the fourth city ip population and probably the third m manufac- es, res, According to the Marshal’s returns, as reported in the St, Lows Republican of the 4th and 7th of De- cember, the number of operatives in St. Louis in 1870 empleyed in maoufactures was 35,772; tne amount of capital employed in manufactures, the laws of Illinois, maintain trover against the otier for his share of it. Ward H. Lamon for plain- ti in error, Senator ‘i rumbuil for deiendant The case of Tappan against Beardsley, appeal from the Southern District of New York. The case | involves the right of mercantile agencies to colicct | and communicate to thelr merchant subscribers in- formation concerning the final condition and character of merchants throughout the country as | privileged communicauions, This case was tried in $45,220,863; the total amount of wages paid for the Distric) Court in 1851 and the Circuit labor, $16,562,296; the value of ter.al Court submitted the bill of exceptions. A motion | used Wis $66,225,819, and the — val of for a new trial was not made until 1864, when, on a | the manuwactured products was $92,377,739. hearing, Mr. Justice Neison denied it. The case Ja 1560 St. Louis employed 9,352 operatives, who | now comes here on a writ of error. Messrs. O'Con- manufactured products of the value of $21,772,828, | nor and William Allen Butler appear for the plaintit Which 18 @ product of $2,823 per each eperative em- | in error, and ex-Judye Barkley, of Ohio, and Casey, pioyad in manufacturing. In the city of Brooklyn, | ate Chief Justice of the Court of Claiins, for the de- n 1560, each operative produced $2,653; im Jersey | feadant. This case involves the question whether City each operative preduced $2,818; in Lowell eac! mercantile agencies, as aitherto conducted in this Operative produced in the same year (1860) $. _ im | couutry, sbail longer exist. Pivtsburg each operative preduced, in 1860, 36 — UNITED STATES COMMISSIONERS’ COURT. in Ciucinnail, in 1560, each eperative produced $ in Chicago, in 1869, each operative preduced § The Old Colony Outrages—Captain Grindlo Held to Answer in Six Thousand Dollars. 90; in Philadelphia, in 1560, each operative pro- a £ Before Commissioner Shields, 31a New York, in 1860, each operative The United States vs, Josiah 8, Grindle,—The cd $1,3) produced $1,983. In St. Louis, in 1870, each opera- tive earned $2,582; In 1860 each operative earned hearing in this case was resumed yesterday with | the cross-cxamination of Mr. Perry, who in his dl- $2,328, This isan in-reased production of $264 31 rect testimony on the previous day gave a version the wonderful resuits of the oficial inquiry into the Great Biitain, perhaps, excepted? I the prosperity | board; that Raws on one occasion declared he would P. 3.—Since wring the above I find the following | riiy inilicted for such delinquencies. the examination having closed, Commisslouer incteased from $11,710,634 In 1860 to. $62,7 | case, the full particulars of which have been pub- | pr boasting of Pennsytvania aud New fugland, that Like the resutts of the St. Louts census, we cannot Saypne hem to be more than an approximation to the truth:—Capital employed in Chicago in 1870 in Mantidacturing, $27,949,000; number of operatives employed, 20,156; amount of wages paid, $10,283,000; value of materials used, $39,974,000; value of tne manufactured products im 1870, $62,733,000. This 13 splendid, for, although the manulactures of St. Louis are as $92,377,789 to $62,736,000 in Chicago, or nearly one-third larger, ‘yet we must look at the growth ot cach, if St. Louis increased from 21,000,000 In 184y to $92,000,000 in 1870, C per each eperaiive employed. May we look tor a siNLar Increase througbeut the country? Probably it is a fair index, ‘The toyegoing exhibit proves the greatness of the Manuiacturins Interest in the American cities, and of cecurrences on board the Old Colony, from Va- extent na vane. = St. —— cli bed will | Jencia via Cadiz to this port, This witness was create a universal desire to hear from all of our nu- | " ; merous cities and villages, May we not reasonably | followed by the first mate, Crook, whose testimony induige the belief tuat American manuiactures vow | Went to show that the two men had resolutely set rival, 1M extent aud value, those of any other nation, | their minds against periorming any work on of et. Lows manutactures 18 @ air sample of our | yythor die than work, and that he had witit this in- manufacturing prosperity Low vast our manufactur- tent hidden himself away in the hold for some ing industries Will have become within the next ten | hee days; that tue punishment inflicted by the ears if their prosperity 18 Bot wounded by adverse | officers of the vessel upon the men for their obsti- events! Even now, how vast! nate recaicitration was only such as was ordia- On the conciusion of the first oilicer’s testimony the deience rested, counsel addressing the Court on | &@ motion to dismiss the charge, |. Assistant District Attorney Davies followed on | the part of the prosecution, and after a late ses- | Shields hele the captain to await the action of the Grand Jury in $5,000. Tho Seven-Thirty Bond Case. Before Commissioner Osborn. The United States vs. William Brockwav.—This 1870—troly @ mest wonderful development. We | lished inthe HeRaLp in the Jay Cooke counterfeit now ie aan ever desire to Bee ee returns from | pond case, as well as in the case now under exami- Cincinnati, litt-burg, Cleveland, Louisville, Mil- " aster 1 vee and Detreit, aud San Frangsco.. itis fatrly | nation, was again called up yesterday, The oniy umable, netwitistandmg the loud talk and witness examined was Colonel Wood, who detatied the oft-repeated tale of his connection with the toe iarger part of the mauufactures of the United | ¢ : Pr Slates are’ locatea outside of those States, We | SecretService Diviston of the Treasury Department, patiently await the revelations of the census, New | his official coguizance of the fraud committed on York, Baltimore, the West and the South possess, iM the government in the procuring of an impression all probaoility, ihe large majority of American | at Washington of the seven-thirty bond plate of the manu actures us well as the bulk of the commerce | {y “st = ‘f issue Of L508, his services in trying to discover who the party was, his arrest of notorious counterteiters, and of his negotiations with the accused towards | the delivery up of the dangerous seven-thirty coun- } terfeit piaic; all the circumstances, in fact, con- nected with the case up to the moment that, like Othello, le was bade to tell them, There was Opposed. ment in maintenance of the writ is that on the evi- | udginent should have been the other | If the cause be de- | cided on the merits in this court the question 13 | | whether one joint owner of a chattel cao, under | | | alleged conversion by Coddington of certain horses | noiningnew elicited, the Colonel having exhausted the session of the court lor the day, and the case at & late hour was sdjourned till one P. Mf. to-day. Wh.le in New York | deein 1t my duty to state, for COURT OF OYER AND TERMINER. Before Judge Cardozo. Immediately after tne proceedings In the murder trial of Jeremiah Dunn had been closed yesterday | morning—a report of the proceedings of which ap- | Pears in another part uf these columns—the Court elves Alter the Mattering (?) notices of last Friday and Saturday with which tie New York Worla favorea | me | visited on Saturday evening @ gentleman of this city, @ friend of mn e, and one who stands high in the politiwal arena, IL asked his candid | a Y e opinion upon tae course which the Worta | Continued the trials of minor cases, ny coe ee denouncing me so bitterly, GRAND LARCENY, when the radical press had been tame in r vixenish, dissipated-lookin; comparison to it, Said he:—Marble is a personal eciearet Schnee f > md Woman of thirty, Who pleaded not guilty to an in- | dictnent charging her with grand larceny, was then r i | put on trial, ex-Judge Stuart defending her by as- Had he esneta | signment of the Court. Emma K. Gilmore said she lived at 107 East 126th street; in November last the prisoner was a servant | in her house; on the 28th of November she missed two dresses and two skirts, valued at seventy dol- lars; siie saw them at the station house the next day, when the prisoner was arrested, Sarah Dean then testified that on the 28th of No- | vember the prisoner came to her house, and after | saying that she was about to leave her place leit | with her the stolen property. ‘The prisoner's counsel here said it was evidently a case of petit larceny, and there was no use in occu- | pying the time of the Court in calling more ‘wit- form, woman’s rigiis nor any other party. Istand | nerses. | The plea of petit larceny having been accepted by upon nentrai grount—upon a platiorm of my own. | the prosecuiing oMcer, the Court sentenced Marga- As to whether itis gvod or bad my friends must be ret to £1X mouths in the penitentiary. the judges, not my eaeinies, because Tiaugh to scorn | ACQUITTED OF HIGHWAY ROBBERY, any of heir persoual atlacks. “Conscious to myself David Green, Who was arraigned on a previons ot right,” 1 will not be dewrred irom the course C Gay, Was then put to ball, on a charge of robbery, choose to follow by the howls and carpings of | alleged to have been committed on the 19th of No- those Who would be my friends 1 they da . vember. JOHN H. SURRATT, From the testimony of Nichelas Jolley, the com- New York Crry, Dec. 13, 137: platnant, it appeared that about eleven o'clock on the nigit of the 19th of November he was in Greene street, When he was surrounded and held by a ging of men, who siezed him from behind, and robbed him of a watch worth elghteen dollars and several HH gold coins of the Nee ss a on nesta ere 18 @ good answer to Bishops Manning, Spal- | hess recognized the prisoner Green us h ding, MeCloskey and Company. By a decree of 20th | SsaalIRte, BU De ae Ae Eer iiacibeen Perperraced November last the Italian government has ordered | the prisoner ran away, but he chased hum aud called the drainage of the Pontine Marshes, } to an oillcer wio arrested him, a committee of the most learned And eRe In cross-cxamination the witness said Green on engineers of Ltaly to work out the scaeme, ALL who | belut arrested and taken tothe station house de- are familiar with Italy Know Whata great evil the | Med having haa anything te do with the robbery. swamps of the Agro eared have been for along | ‘Te prisoner was searched, but nothing was found course of centuries, and that the Roman upon him. i lave never taken any eflicieat steps 1 dontconsiene ‘Onicer Horton then testified to having arrested AN ITALIAN CATHOLIC. the prisoner as he was ruuping away (rom the com- pliatvant on the night in question, Robert McAlpin, a lad of sixteen yearsof age, then testified as he was standing In Greene street on the night of the 19:h November he saw the pris- oner throw his arms around the complainant apd hoid him. Jolley ha}looed out and Green tan away; 1 did not see the prisoner steal anytinng, ‘The counsel for the prisoner then opened for the deleuce, asse rung thal he should be avle to show that Green bad previousiy borne an unspotted char- acter. ‘The prisoner was then put on the stand to testify aud intimate triend of mine, and {can safely say that he was led to act as he did throuzh two con- slucrations—namely, that he had either to come out and detend you or coudemn you, latter course, aud for this reason, on him. He could not do that, for the democracy 1 this clty Has us Much as, If ol more than, it can galery carry on its shoulders at present. More than nat,” suid he, d:awing bis chair closer, ‘the de- mocracy of this city is rotien tu the core.- In fact,’? lowering ms voice to a whisper, “tis as rotten as damnation, Had they attempted to side with you it might have been the lastleather to preak the camel’s back. So, in denouuciig you, It was obliged to place youin the most intamous light possible, in order to give an appearance of justi ation vo its own action.’” “HO you lean to say,” | esked, “thit tne press fe- garded me from a politica! standpoint *1do, most r i Wos never more surprise) | in suy ile, and it 18 for this very reason that 1 take this means of making known to the public that Lam neither 1a the interest of the democratic, radical, Italian Improvements at Rom>. To THE Epiror or THE HeRaLD:— New York, Dee, 13, 1870. ANOTHER CHECK AT THE POST OFFICE. A Letter that was Mailed at Station D Tarns Up in the City—A Second Case. Justice Hogan at the Tombs on Tuesday held in default of $6,000 bail George H. Marshall, who was accused of having attempted to purchase bonas at Clute’s ofice in Broadway with a check for over $11,000, which had been abstracted trom Station D | yn hig own benalf, His story was that he was in Po st Oit'ce in some mysterious manner, The parti- | Greene street on tbe 19th November, and that Jolley cutars of the case have aireaiy been published in | went up to him and said, “Give me my waten;”’ the HERALD and are similar to the facts connected | that he said, “1 kaven't get your watch;” that Jolicy With another charge yesterday prejerred against | made a grab at him, when lie raw away, bringiag up Marshall at the Tombs, the amount of money in- | in a policeman’s arms. volved in the latter case, however, being only tiity- David Jolinson and Joseph Brady were then put Six doilars, Marsball went to the store of Julius | on tie stand to testify to the character of the ac- Wiener, at 235 Bleecker street, on the 29th of No- | cuscd, both speaking in the highest terms of his vember Jast, and purchased twenty-two dollars’ | reputation aud habits, The prisoner had been in worth of cigars, in paymeut for which he gave a | the employ of these witnesses, both of whom ex- check Jor fifty-six dollars on the East River National | pressed the highest confidence in his integrity. Bank and received @ balance of thirty-four The jury retived, and, atter remaining in consulta- doilars, = The check was dated November 26, | tion fur two hours, rendered a verdict of not guiity. tion in the store. For the first time in his Life, probably, Hamilton forgot how to take bis cout off. indeed, he “lost his head” completely when he discovered the tails of bis garment on tire, and straightway began to take otf his boots, evidently laboring under the impression that he was on @ barning steamer and was determined to swim ashore ut allcosts, His fellow clerks flually came to the rescue, tore off the burning article and threw it into the street, Where it lay wasting its smoky sweetness on the desert air for an hour or 80, to the delight of @ gang gamins, who endeavored to bauisters;’ phe | save a lew shiny buvsons from Ue general wreck, was drawn by W. D. Ward, agent, to the order UGH WAY ROBBERY. of T. KE. Baliey, purported to be endorsed by Charles Jones was then put on trial on an Indict- the latter, and was also endorsed by Marshall under ing him with commitung an assault on te name of James Costeilo. Mr. Ward yesterday | Frederic hmidt at half past two o’clock on the testified that on the 26:h of November he drew the | morning o! the 2zd November at the corner of Pearl check and mailed tt, at Sintion D Post Ofiice, in an | and Park streets, and robbing him of three fifty dol- had been perpetrated | } painting oa the acquittal of the iwoner on the ground that the indictment set forth that the mouey stolen consisted of ten ten dol- lar bank notes, whereas the presecution had proved ‘Ubat it comprised three fifty dollar notes. ‘The Court sustained the objection and directed the jury to give a verdict of acquittal, The prisoner was then remanded for re-indict- ment. - A BOGUS EXPRESSMAN, Michael Kelly, a lad of twenty years of age, was Actions of rover Between Joint Owners of | yen put on tril charged with having, on the Ist of November, got fraudulent possession of a quan- tity of gun trimmings, worth $55, by confederation with @ man representing himself to be an express- | man. George Foster testified that he was employed in Michael Shefiin's store, Greenpolut: that on the Ist of November a man came into the store and said “Anything for the expressman?” he gave him the gun tiiomings in two buidies, which were placed in an express cart outside; he thought there was something wrong and ran into another street, where he saw Michael Kelly with the goods on the strect. Gilicer Holmes then testified to having arrested the prisoner, with the goods in his posses-ion. THY PRISONER ON THE STAND. The accused then testified that he was an errand boy, and that on the day in question he was looking at a fire, When ® man came up and said, * you wantajoby’? I said, “Yes, sir;” he said, © take these bundles to Broadway, and I'll give yor dollar; before he had gone half a block the omcer ‘ested him, ‘Tae jury found the prisoner not guilty, PLEADS GUILTY OF BURGLARY. William Meyer, a sailor, pleaded guilty to a charge of burglary, and Was sehtewced to one year in the State Prison. AN ALLEGED REPEATER. John Young, alias “Freetue,” pleaded not guilty to a violation of the Election jaw in the Second dis- First ward, on the 8th November, In opening the case the District Attorney stated that the accused was incompetent to vote, inasmuch as he had served a term of two and a haif years’ im- prisonment for burgiary in the third degree, com- mitted in 1867, Andrew Hitchman, a police ofilcer, testified that he saw the accused hand his allot to the Inspectors ani swear his vote on being challenged. Tue prisoner gave his name as Join Freetile. ‘The District Attorney at this stage withdrew the Prosecution, Inasmuch as he had not been able to | prove that Young and Freetile were the same. ‘The prisoner was accordingly discharged. SUPERIOR COURT—SPECIAL TERM. Interesting Case to Liquor Dealers. Before Judge Monell, Martin R. Cook et at, vs. George A. Starkweather, Jr,, et al.—Both parties are wholesale liquor dealers in this city. In 1867 the plaintiff commenced the manufacture of a brand of whiskey called ‘Old Val- ley Whiskey.” They prepared a brand that they used as a trade mark, This mark consisted in scrap- ing the wood of the head of the barrel, varnishing it 60 ag to preserve its natural colour, then red ring around the cine, & poruon of which extends on the head, and then stamping the words “Old Valley Whis- key,” @ Maltese cross containing the iitiais of the firm above this, and above that the letters AAA, The defendants are using precisely the same mark, subsiituiimg three X’s for three A’s, and a crown Jor the cross, and the characters similar); Situated with respect to each other, The plaintutts obtained an order in August last restratning the de- feadants from using thei brand. The presentyis the trial upon the merits. One of the defendants, Mr. E. B, White, claims to have originated the brand, Most of the prominent liquor dealers in the city are being examinea on both sides. Guy R. Pelton and John L, Hill for plaintiff, and W. H. Van Cott for defendant, SUPREME COURT—CHAMBERS. Decisions. By Judge Ingraham. Alexander E. Trimble vs. Wultam J. Trimble.— Motion granted so far as to modify the original order by adding to it a clause permitting che piaintiff to move for a new order of arrest on proof of deien- dant’s ability to pay. 0. D. Day vs, John G. Tiddetis.—Motion granted on payment of ten dollars costs. By Judge Van Brant, George H. Alexander vs. New York Mutual Coat Company.—The plainti will allow a pro forma Coie ABUTS motion for new trial, Motion for siay denied, Notes of Error. To-morrow 18 the last day to file notes of issue for the preferred classes on the motion calendar. Ail that are filed after to-day will be placed on the general calendar, SUPERIOR COUST—TAIAL TERM—PART 2. Troubles and Trials of House Building. Before Judge Spencer. Henry M. Field vs. James Stewart et al,—The plaintiff engaged the defendants to build him a resi- dence in Fitty-first street, near Fifth avenue, Itis alleged that the defendants agreed to make the front of the best quality of Hillsboro stone, and that instead an inferior quality was used. An action 1s brougnt to recover $5,000 damages for non-fulfil- ment of contract. The building was completed while Mr. Field was in Europe, and seeing tne quality of the stone used he retused ef oe $2,000, the first payment due on the building. Upon this a suit was brought by the defendants to enforce such payment, and subsequently the present action was commenced, makins two cross suits. Consideravle time was consumed upon an application to try bot suits together. The Court decided, however, to ‘ty the latter suit first, as the findings im this case would navurally settle the issues involved in the first action, Many yrominent builders in the city were called as witnesses. Case still on. SIXTH DISTRICT COURT. ‘Who Owns That Painting ¢—In Search of the Picturesque. Before Judge Lane. William Magrath vs, Leonard W. Jerome.—This action was brougot by Magrath, the eelebrated artist, against Leonard W, Jerome, and was tried before Judge Lane and jury in the Sixth District Court yesterday morning. The plaintiff testified that in the year 1867, being attracted by the picturesque scenery in the neighborhood of Jerome Skating Pond, on the grounds of the American Jockey Club, Fordham, he*made a painting of that celebrated locality, a8 he expected that Mr. Jerome or some other wealthy member of that ciub would admire and buy it for bis picture gallery or for the purpose of presenting it to the club. hat he called Mr. Je- Tome’s attention to It, and that ne was so well pleas ed with it that he requested him to place itin Tiffany's window for two or three weeks, so that the members of the club might see it while passing up and down Broadway. That Mr. Jerome subse- pete toid him that several of the members of the club had seen and greatly admired it, and that he agreed to buy it for $300, and told him to deliver it w the person in charge of the club house and have it bung up in their picture gallery. There it has been hanging ever since. That at the time he paid him twenty-five dollars on uccount and pro- mised to pay him the rest some other time, and that he subsequently paid him twenty dollars more, but refused to pay him the balance, Mr. Jerome, how- ever, takes a diferent view of the matter, and de- nies that ne ever bought th> painting, either on his OWR account or en account of the club, or for the purpose of presenting it to the club; that he ad- mired the painting and was anxtous that the mem- bers of the club should subscribe or contribute towards buying it, and that he was simply ataing the plaintifi to dispose of it in that manner, and headed the subscriptioa tist with tweaty-tive dollars: and promised to pay twenty-flve dollars more to- wards the price agreed upon if necessary, but that the matter fell through, as only four otlier members contributed towards It, and claims that the painting still belongs and is subject to the direction of the plaintiff if he wishes to take it away or otherwise dispose of it. In charging the jury Judge Lane stated that the only question of any consequence which thsy were bound to pass upon was whether or not Mr. Jerome really bought the painting or only members to subscribe towards its purchase, as testi- fled to py the defendant; yet, notwithstanding the lucid and exhaustive charge of the Judge and the eloquent appeais of counsel on either side for a ver- dict in favor of their cilent, the jury were unable to agree. The case will therefore be tried over again on Wednesday next. Mr. Langtree for plaintltt; General Anthon for defendant. COURT CALENDARS—THIS DAY. OYER AND TERMINER AND SurreME Court— CincuIT.—Part 1.—Belore Judge Card opens at hali-past ten A. No circuit SUPREME COURt—CIROUIT.—Part 2. Van Brunt.--Nos. 1772, 6882, 1748, 2520, 1610, 956, $00, 1814, 1826, 192634, 336, 1752, 6854, 1738, 1862, 148, SUPREME CoURT—SPECrAL TerM.—Held by Judge ian G Court opens at eleven A.M. Demurrers.— Nos. 1, 14. Issues of law and fact.—Nos. 49, 60, 101, 180, 188, 139, 141, 142, 143, 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156. SUPERIOR Court.—-Part 1—Case on. Part 2—Be- fore Judge Spencer.—Nos, 226, 225, 206, 602, 603, 604, 262, 453, 658, 544. 550, 826, 120, 462, 78, 43, 572, 456, 612, 578, 270, 646, 454, 414, 506, 296, 389, 484, 350, 158, 800, 418, 570, 442, 1172, 254, 112, 304, 492, 326, 666, 686, 58%, COMMON PLEAS.—Part 1—Before Judge Daley.—Nos, 4 1840, 1856, envelope directed to “T. E. Builey, Bloomfleld, N. | lar bills, J,” aud that the check was then not endorsed. Mr. ‘The complainant, who ts 9 red-haired Teuton with Batley testified that the endorsement in is mame | but one arm, was first placed on the stand. He ‘was a forgery, No facta were elicited as to how the | testified that the accused held him while two other letter enclosing the cheok was stolen from the Post | men took the money from his pocket. Office. Aaraiiaii wes, for the second Uwe, compte i 224 10r trial in deiault of $5,000 ball, In crogs-examination the witness said:—I was not drunk; dere vos a lady passed by aud phe did ask 814, 270, 18, 105, 139, 169, 180, 460, 461, 241, 43544, 161, 897, 316, 32), 63, 207, 249, 865, 128, 300, 2205, 87, 31 a Maginx Covrr.—Part 1—Before Judge-Gross.—Nos, 4473, 4423, 4466, 4519, 4622, 5064, 4od1, 4854, 4548, 13, 4560 4561, 4563, 4617, 6118 Part 2—Before Tadgg Alker.—Nos, 4540, 4388, 4407, 4573, 4536, joy, do | @ | Judge Benedict yesterday ren aided the plaintiff in disposing of it by inducing the | UNITED STATES CIRCUIT COURT. The Callicot Care. Before Judge Woodruff. ‘The argument on the order for the goverament to show cause why @ wiit of habeas corpus should not be granted in the case of Theophilus C. Callicot, now in the Albany Penitentiary, was to have been heard yesterday morning at elev: y 4 g William 0. Bartlett, counsel for th Contech, eee peared gnd requested & postponement of ihe case until to-day, a8 he Was engaged in a murder case in New xouk, ApesOne Diatriog Attorney allen did not object, and the case accordingly went ‘until this morning. cee UNITED STATES DISTRICT COURT. Decision Against 1 Vessel for Smuggling, Before Judge Beneutet. The United States vs. The Steamship Mtssourt,—: This was an action against the vessel to recover penalties for smuggling about $2,343 worth of cigars into this port from Havana, in October, 1868. The | old statute held the master Hable for a penulty equat to the value of the goods In such cases, but the ac& | of 1866 provides that (he vessel shall be tield stable. red his dectsion in tne case, and held tia: judgment must be entered agatust the vessel for thé vaine of the goods smug- gied. ‘This is but one of several s:milar suits against | the same vessel. Assistant bistriet Attoracy Allen | appears tor the government, Goodricil & Wheeler for the claimants, CITY couaT. Assault and Pattery. Edward Rouhan vs, John Fox.—The plaintiff brought suit to recover $5,000 for injuries alleged lo have been sustained by fim in an assauit committed by plaintiff. Tne circumstances were reported im the HERALD of yesterday, and the jury rendered @ Verdict in favor of plaiuudy, and asseséed uc dame ages at six cents, Alleged Brench of Promise. Anne 8, Morgan vs, David A, Syme.—This case! in which the plaintif! sues to recover damages in the sum of $10,000 for breach of promise of mare Tiage, was tried last spring, when the jury disagreed, At that time the evidence was reported, and on the present trial 1t does not differ materially from th original. The plaintiff alleges that the defendant seduced her under promise of marriage, and having failed to observe bis promise she now vrings sult to recover for the injuries resultiug therefrom. Case still on, COURT OF APPEALS CALENDAR, ALBANY, Dec, 14, 1870, The following 1s the day calendar of the Court of Aves for December 15, 1870:—Nos. 105, 79, 80, 93». 06, THE PUBLIC HEALTH. The Deaf and Dumb Asylum—The Manages men’s Detence-—Tiec Bicomingdale Lunatic and New York Orphan Asylaums to proved—Malone’s Lime Mill—Birtus Ni te be Published. p The Board of Health met yesterday, President Bosworth in the chair, and all tie Comngissioners,, with the exception of Nenry Smith, beyAg present. Colonel Hastings, attorney of the Boarfi, suomitted the draft of an order for the improvg ment of the sanitary condition of the Deat / and Damb Asylum in 162d street. A delegation from the asylum was in attendance. Its spokesman, 0. 3 Strong, stated that for some time they had suffered for want of a suMcient supply of water, owing uy the inefficiency of tne four-incn pipe connectir g with the aqueduct. At the time the instituvog was opened, In September, it was in a taorot, sanitary Condition. When the typhoid fever broke out every effort was made to isolate tie cases, The chitdven who were not attacked were s4at to thei: homes, and the teaciers are act.ug as nurses in the hospital, He stated that the ma agement had done ail in its power to guard agatust the spread of the disease, aud tiey now have a full supply of water; and had tcetr! architect enguged in arranging for ventilation, Mr. Brooks, of the committee, avked that tne order bé withdrawn, and stated that since the introduction ol the Crotou water in Nov been materially abated. fhere were now of the | Bfty-nine origmal cases but vhirteen im hose pital, and there had beev but seven deaths. The further consideration of the order was de erred, and. it was ieferred to the engimeer and Cily Suuttary Inspector to confer wish the architect, A compiaint was made against the Bloomingdale Lunatic Asylum, Whose sewerage 1s cared larough surace ground and caused offensive smelis, Re- ferred to the engineer, h instructions to confer with the Department of Pabiic Works, and, i! pos sible effect @ sewerage connection, Dr. UECCARINI, the Sanuary Committee, re ported upon tne plaster mill in Phirt street recommending certain ferred ‘o the attorney. er jor certain necessary changes in the sanitary condition of the New York Orphan Asylum; wiuch was referred to the attorney. Also a report upon \alone's oyster lime burning kila in West Tweifth street, re- commending that the business be disconuuued. | Dr. Geccarint denounced the place as very ofveusive. ‘The consideration of the matier was déierrcd until hext meeting. The Committee on Vital Statistics, through Mr. Cosworth, offercd a resolution reiative to the publication of births and marriages, declaring thac “in execution of the authority conferred by sec, 26, chap. 74 of the laws of 1866, that informa- tion as to the records of births be nob furnished by any oMcer or clerk of the Board tor publication, and that information as to the records of any marriage, When the publication thereof, im the opinion of the Registry of Kecords, would not subserve any Useful purpose, and would not be made with any laudable motives, be not furnished ior pube lication, and that the Register keep suci care and oversight of bis recoras as will prevent @ vioiation of that regulation.” Which was adopted. Dr. MORRIS made the \ullowing report on conta- gious diseases:— I have the honor to submit the following com- parative stutement of contagious diseases reported He Ge Bureau for the fortuight ending December , 1370:— Week ending Week evling ‘Dec. Bs Dec 10, elena A communication was received from Mr. Tilden Browa, of the Bioomingdaie Asylum, asking for an es of the sewerage by the engineer of the, joard. THE FISH\RY QUESIION. Canadian Grambling. {From the Montreal News, Dec. 13.) Watched tie course of the Bright-Lowe section of the British Cabinet to learn that tuey are prepared to tiling us overboard whenever the conucction be- comes onerous. Tie close of the Jast American war was followed by a treaty regulating the respec-' tive fishing rights of the two nations. It was de clared that we should enjoy excuustvely that right for a distance of three miles irom tke shore, Sub. sequently arose the question whether, when two, headiands approached within the three miles, the foreigucr cuuld pass between ihein to reach large bays in which fish abounded, A long controversy followed us to the interpreta. tiou of the three mile ciause; but at length ; the Americans, as they have aiways done, gained tneir point. Thus there reiained to us merely the exclusive right to the tree :n.les along. the sore line. Itis this fast right on which they have encroached, Their fishing vessels, in opem violation of the treaty and tu deilance of ' our warn- ings, repeatedly encroached onthe three mile luntt. Some were setzed and adjudicated upon, it is per- fectly notorious that Lue United States cannot justiiy a it.0n of the treaty, which, if tolerated, would take the fishing business out of the bands of our shore population; aud England !s bound in honor and goed faith to see that our msnopouiy be pre- served, The cable telegrain tells us what the action Of the “semi-independent and irresponsibic’ Do- limon in seizing vesseis encroaching on fish. ing grounds was coudemued by the muntsterial press, Jf tis fact be as stated we cannot over- j estiinate its Importance. It means that *ugland Wiil mot asstst Us with her navy to enforce our jurise diction; that we must cope siugio-handed with the Americans; that we must submit to see Anicrican ishermen sweep our coast line, while we ace ex- cluded from competing with wemin the Americam market under customs duttes, We were led to ale ucipate, When ¢oniederation was proclaimed, that the entire resources of the empire would be pub Jorth to defend the integrity of our soll and main tain unimpaired our privileges and rigits wader the treaty regulating the lishing grouads; but if we are to be abandoned when the urst dimculty arises—be- canse an American President complains of our conduct—we naturally inquire ac what point Engiand will interpose. We see her withdraw- ing’ her troops, and when a war cloud arises in the Kast, instead of strengtaening our hauds, con~ templating our complete desertion. We cite Im proof of this fact tat ihe Tamur was the ether diay ordered to Quebec to convey home the Sixtieth, Rides and tke smail force of artillery quartered at Quebec, and that erder was only countermandea an understanding had veen reacted with Aad the Czar not modified ls pretenstom we should have found ourselves in the anomalor position of not having one vegular soldier in aay part of Canada. Messrs. Brigit and Lowe appear to be playing ite the hands of the Hon. Mr. Hans tington, and if we learn that we are to be left alone to fight our own battles on the fishery ques. tion we may be forced to inquire waetier we should not be safer under # protectorae, ! It will cause no surprise among those who have i