The New York Herald Newspaper, December 29, 1870, Page 8

& THE CALLICOT CASE, The Denial of the Motion for a Writ of Habeas Corpus. KUDGE WOODRUFF’S DECISION IN FULL. Last week Judge Woodruff, in the United States Ctreuit Court, in Brooklyn, delivered an oral decision denying the motion for a writ of habeas corpus in the ease of Theophilus ©. Calcot, now in the Albany Penitentiary. His Honer has since prepared a written decision, which was rendered yesterday. ‘The text of the decision 18 a8 follows:— In pursuance of an order to show cause, return- able o me on the Lith December, 1870, couusel ior the petitioner moves that & writ of habeas corpus jasue, directed to the keeper of the Albany Peniien- tary, columanding him to bring the peuuonuer be- fore me, together W the day and canse of hits de- twntion, The petition is addressed, not to the Cirewé Ovurt, bat te Lo me In my capacity as Judge, We ‘alieges that the petivoner 1s tmuprisoned in the Albany Penitentiary under or by color the antbority of ‘tue United © States and of a senience of the — Cireutt art of the United =States pronounced in the Eastern district of New York, on the oth day of Sune, i985, and that such knprisonment ts Legal, for (ue reason that the JaW wader Which sach se tence Was tmposed had peen chauged and repeal before sid sentence Was passed, “and for otier aud iNeient reasons.” ‘Loe peuution is cated and was sworn won tae 2d day of May last, The motion Was jeard bejure me on the loth of December tee, to which day it had been adjourned, aad on the mo ton the counsel Lor the petitioner prodaced, by way of supplement or amendment of the peuttioner, an uitidavit that ‘the paper annexed thereto 1s a copy of the sentence referred (on the peution. It thereby appeared Chat uk & stated verm of the Cireuit Court ol the United states of America, for We Bastern disirict ot N York, & Friday, ne oti of June Ww helt at, on is65—samuel Nelson, Jus- and Coaries L. beaedict, Disuict Judge, being a prosecution by the United ' states petitioner for the Violatien of the provi- nal Revenue laws, contained in act of July 43, 1666, and secon 30 1ge7, the Court sentenced te ¥ @ Hhe Of $10,000 and be imprisoned it the fine be ‘The senieuce Jin the Albany Penitentiary, ey wor Uae United Staves cor the Eastern ew \ork Appeared upon the wouon, tie indictment and record of the trial jgiaent or sentence of the peti- ed; and de aso showed (hal, On n of December, the Presi- gramied to ihe petiuouer a Of tiie act of petitioner to two years and w be The Attor aisur ani produce oft fut und NCONDITIONA antl by an ackno went Rigned by hana weati the waiter said uw pen an the nious uses iam of review. the ite { Slates had iinet sts Mera uinst tie laws of Lof a jury, to try her Was gality of baal no ror hes to + pronoan orto re © Sui sue Court of the United States have ¢ wer (bxperte W. stion Was in tne arse y by the law of the was delivered by ICH MARSHALL, © and ne reviews th in which writs of habeas corpus bad b applied for, and in s ot Which prisoners had been discharged, and he adds that in no one of the cuses in which they © Leen discharged was te | prisoner cohimed under tue judguieny of a court. ap thai case the argument was a, as is in arged here, the trial and judgme ase the court in w Jerred im hol ¢ dudicunent coast a law, cog shall says charged in th ¢ iegally pun able or The Most EAquestlonable of bs pow Aud duties. Tl usiou of tis question | ercise of jurisate jer it be for or against | the prisouer. ‘The judgment ts equally binding in | tae one vase and the aod must remain w tll ualess re iarly by a Superior Court judgment in question was ren- Loi the District of ¢ je sn isdictzon of all otfea tier las jurt-dicuon of Jaws Of the Uunied St by Chier ive Marsit argument was that (ne mutter charged dicunent constituted ho om « either agains tue laws of tue United deciares that “to local jaws or yet the opix whether the oilen 1s it was held ui id not, pon habeas corpus, that Court MISO! te 2 to lvok IDLO LL tent fo. ip uke manner the Cir of the United States have ) lictton of a Tence nst ie jaws of the United States, and to determlae whether tbe renee Charged bn indictment Cousututes wu t those F and 1s legally punisha- arisdiciion abd Dower. toase Watkins (the peti- nt UUti! ihe term oO. on the return the hout a id Phey sion of tne CY icutlog for & Jourt were, 10 quash th tion and wi at baying heen one Abelng hiraseif without taken on on otuer writs up6n t Pet., 58s, aud Appendix, p: Hind tio case mi wit ther ductrh Med to ine he United staie nteuauced the idea that a judge e di rhue of we writ of habeas corpus practically udyiMent Of the Ciroult Court for eiror, and diseuurge & prisover irom ibs semence. in ‘he case of Johnson vs, The United States the 18 befor Justice McLean (3 MeLean’s » ihe petloner was under gentence of ourt tor Ure Distrlet of Michigan, aud be hat where a statute of the United staves y deciar Oe that no person shall be sudicament * * for we ali we toupd within Live years of te curmmmilitng the offence; * * provided Lilet pi sould nob extend to persons feeing srou justa d It appeared on the iace of the in- dactmient tuat te ofence was charg: counted more uaa twe years be! muens Was foul, the procevaings and the sentence: were Nuli gnu vota. Mr, Justwe NeLean demed the application on va- Pious grouDds, ue the Cress Court b jurbalietion 204 u yjgetion Could But sed 02 Halees Cor fhe prmeiple vi t im tue Supreme Court ay ee one Was also stated ud wo a person held andor commitment ior cont +, mex parte searpey (7 Wheat, 08}, where th rt held taat they could nos Mquive unis the sud y of the cuuse of conmitivent, The case #% ports of Yerger 8 Wallace, 85), which is cited a6 In confict wit these views gous Mot hid habeas yorpis the mudgment of the r on the ft and convict be examin eng the pr for err dnerein, it ui in G4) cases Wher ates bas, in the Ke jarisdiction, caused a prisoner to vo brought before Hi, ane dave inquirma into the cause of deten- Wun, Temaydes via to the custody irom Whigh he opinion, the United ise Of its original oud tine 5 ished for any offence not | ) Pb NEW YORK HEKALD, THURSDAY, DECEMBER 29, 1870.--TRIPLE SHEET, appella aeciston of the € warranted by law, jawfui restraint to wiieh he bas been reimauded,”? There the alleged prisoner WAS NOT HELD was taken, the Supreme Court, tn the exercise of its | of placing in or withdrawing from any bonded ware- jurisdiction may, by the writ of habeas corpus, aided by the writ of certiorart, revise the uit Court, and if it be found tn. oheve the prisoner from the un house any #pirits or other merchandise for any par- pose whatever * * * punishable oF imprisoa- Ment, And section thirty of the act of 1867 made a mspiracy to comunt any offence agamst the laws of the Uniti ates or Lo defraud the Umited States, if one or more of the partics do not any to effect the on- Ject thereo!, a misdemeanor punishable by penalty under any jadgment or senienve of any court. He | and imprisonment. had been arrested and held tor trial by a milltary mmission for a common law ofleave—murder, ‘The Cireuit Court had remanded bim to the custody of the military ofticer, and tae sole question decided by the Supreme Court, was that Unat Court has jurias diction, by habeus corpus, to review the decision and inquire whether he should have been remanded. ‘There wes no intwation of an tnteniion to overrule the cases above cited, nor were thi overruled, It was nol suggested that the Court bat Jurisdiction to review a judgment of the Circuit Court on the trial and conviction of @ person al- leged by indictment to have committed an odence against the laws of the United States. Second—it appears that the petidoner has been pardoned, ‘The petition upoa which the present jotion was founded ts dated, and was sworn to in May last, The pardon is full and unconditional, How, then, can the petitioner be placed, by any order which I cau uiake, more fully at liberty than he is at this moment? If in May he was under restraint he 18 Now as free to go and come where he wil as 1s the couse wao made tie motion, And it woul’ seem to follow that unless the writ of habeas corpas can b3 used and ireated by me asa writ of error to review, aud ineiect to reverse the judg. ment, no occasiou exists Jor issuing it, The making ‘of tis motion, alter the petitioner recelved notuce of lux pardon, though founded on a petition sworn SIX months ago, assumes tat he remains at the Penitentiary, but it 1s not suoWn nor suggested that he 1s not in fact AT FULL LIBERTY to go whenever aud wherever he pleases. Indeed, us the case now stands upon tis motion Lt in bo- wise appears that he 1s now under any restraint, It not, then I cau do noting io make bim more free. If Lissued Lie writ the revurn must be that he ts no fonger at the Peuitentiary, or that he remaias there because he of his own present wili chuoses to do 80, and not because he Is restrained of his liberty, If he suouid choose voluntartly to come before me I could only say he is tree to depart at his pleasure. in ims view the motion asks lor what 18 unnecessary for the purpose for which the writ of habeas corpus 1s intend- ea. The writ is provided and deelared by statute to be allowed to prisouers; restraintof liberty is the very ground of instituting ingatry into the cause of detcution, If it appeared tiat since the pardon, and notwithstanding tue pardon, tie war den of the Peuliontiary holds Nia in any restraint, a case would be presented for Livestigauon; but that 4s not the case made by the papers before me, nor do i understand that to be even suggested by or on behalf of the petitioner. 1, therefore, 1 iad reached a diderent conclusion upon the point Grst considered J shouid think it proper Uiat setae evidence of coa- tinued restraint 0¢ surmised, it ig urged that & parden is moperative until accepied, and thatib dees not adirmativeiy appear that This peti r has accepted the pardon. The opinion of Chiet Jusuce Marsal, m= the United States va, Walson (7 Pet, 103) is referred to, ‘The decision in that ease seties nothing upon the ques- tion waetner, where an unconditional pardon 1s granted which the grantee refuses to accept, he can th | nevertheless allege that he is restrained of his hberty while tho pardon remains unrevoked aua Yeady for nis acceptance a any moment he pleases, bo having notice thereof. ‘the ind ail ab suid by the nd learned Chief Jusuce may be assumed qualtication; buc the cir thout abatement’ aud + pi the ¢ aud the ecise point di lnportunee When Bought to be ap. piled Lo this motion. ‘here was tnere no application fora writ of haveas corpus, por any claim by the guarantee of dow teat ne Was held in restramt of his live reasoa of the which the pardon bad Wilson bad been tried ana convicted ui aud puviing tue lie of Wwe urdy on the 2bin of Novem i «ito Suter death oa the 2d oF Jul ladicte:l for obstructing f 1580. inal and charged Ww lave mitted same as the first nained—viz., November 4829, he President of the Uniied Siates on tie d him the crune tor wi.eb he d to death, reaniting ba ity “With (his express Supulauon, tuat this pardon sliai not extend io any judgment whien bay be had or obtained aguinss Tun ta any otaer or cases now pendig before said court for wr vitences W, with be may stand cuurg ’ Whitson tad, on 27th of May previous, withdrawn his severai pleas of not guity aud pleaded guilty to tue obber Indictments, 4ud When, in Oc.ove: tollow- iuig, the attorney for ine Untied States MOVED FO SENTENG for those offences, the Court suggesied an inquiry into “the edectof a ceriain pardon uaterstood to lave been granted,” &c. And the counsel for Wilson ared and on his behali Waived and declined any advantage or protecuion which might be sup posed io arise trom ihe purdon reierred to; and Whson, in person, belug caied upon to say whether Lath of June, 1830, he had’ auyining'to say Why sentence should not be pronounced in tle case then beiore the Court, and whetner he wished in any ner to avail bunself of we pardon ‘re to, answered that be had nothing to say, hat le did uot Wish in aay manner W avail hunseif, avol dn his particalar a pardon ¥% tu, Questions Were ceruiled } the totiv | Cearmisstoners of in Suprewe Court, and ihe pout decided was ¢ pardon not havibg bee brought judicnuly belere the Con bby plea, motos or otuerwise, vag’ not to be noticed by Une juages, cr in any manner to ative! the Judgment of te low. It will be seen that the doubi was if U une charged in the Jast- Hamed idicuuent as commited ou the same day ws iat for which he mui beod pardoned was, in jact, tle Sale uence, though charged without (he puttlug in jeoparty, whether it was nob necessary, as Matter of law, included in the nobwiti img (couformayie to such f ou) Witsun waived and decuned to avail AimsCl OF Was a pr wediNst somtence jor the inferior oi mt it was held that tue Court sib Was brought judicially bere Uwe vy plea, mot.oa or otherwise, AS Ms ewa voluntary act Wisoa ced waive the beneit Of it for rpose, aucWilastabdiag he nad re- a coraing fo its acuUa Latent saved frou death, rstail shows that he could not be po it for Wie purpose 1m question; that diay ve sumetimes granted oa a condition 4 piisouer inay preler the penalty ol the that, ke a deed, delivery 1s essential to its without uc- ceptaice rguuicnt, sug- ied Liwt even though & pardon migut be ancon- ditional, te prisover MN ghe ULuK 1 his interest to undergo the pucishiment im vrder Lo make bis peace with the public, or to pay a Hue, &c., a3 evidence of his contrition. Tur by numerous N could not notice 4 un} VIEWS ARK SUSTAINED horties cited irom the English re- tais may be conceded, dud at most granted thaba pr pt or m 3 ibid : hes irom the pris! caver, by a pardon 4 ted, be preventeu fron vsecul.ng tha Vo obtitin &@ Teversal Jor de may pe havo whe judgment set us reversed, Gut (hat 1d not ihe oMie mi such a ©, 5 beiore vel pardua, lie is iu Lo coud of hehens corp: n by Led LO. If he pre- 10 Lo say Ab fever iaay be rin orpus tad We nut iucuects WFib ui ervor Caen Ab 1s Wisi bY Lawl WEE We Cul UOTALL A prac He uct e dechled wi the indictuy quiring wh tealor on t made beiore Iiut Fought not T thik to ie iu my Opinion the judgine Wiest vi ine yu L He dnpression U aud seulence Wo the petite pie, the ed, @ party can- And piuuiohed alter suck re- ug suck olence, alinough wets comstitaul ve pronounced, pr prior lo the repent are notserVed. Se also tic edeet of a repeal 7 mmplication uy be Cunceded bo be tle same as if the stulule Were repealed vy express terma. ‘These propositions were sustamed by the counsel by arguinent, Yrous cases aad autiortues trom & Ver. to mouert Lines, Wilh copteus citations ti My view of tne present case is 11 ho CouULICE With hove principles. ‘Yae question, however, Whether the statute wader wick ihe peliliouer Was indicted, tried aud seu- i Was repeaied, eituer directly or by iutpiiva- lion, belore is Hie and seat is the poor and Important one by which to determme whether au error in that respect was commited on the tra! ava sentouce, and in denying bis mouon i arrest of judgment made before Mr. Justice Neixon and Junge Benedict of Uke act of 188, referred to in the an. had been repealed be- 42 dietment and sentence, after the alieged offence of fie peti- | tener had been committed, hy tue exeoutmy or siguing, or procnrimg to be executed, w lalse or fraudulent bond, secon forty ot the same act in 186s repenied; aud that, Werefore, secon thirty, Which makes a couspwacy io commit av ofence against tie United Staes & musdemwanor, Was, so ras relates to tuo offence charged Wa tues indict- meni, also repeaiet or wade Inappheabie, lor tie reason that, alier the ach of 1663, uv sneh bond a on been descrived in section Jorty Was required by aw. Section forty of the actol i8es permitied the re- mova! of spirits from a bonded Warenobse wader suc rules and reguutious aid apon tie exeention oF such iransportation bouds er over seeurity as die rat Kevenne, sapject to ue | approval of the secretary and Treusurer, ulay deserive. ‘ Section forty-two of the same act made the execuiion or signing of a false or t perant. enry ox oWer document req regniations, or the fraudwent procu: to be execu by which the pavinentofany int 0 LAX OF duty shail be evaded or atiempt died, or Which shall be executed * * * Jor the wnrbuse d before he reveal Of Lite suttMte, Is nat and ave eve beea ta | before he canuot law- bo trie ted and pudisied alter the — rey still furtaer, if he nave been nt aud senteace cam it 13 nol strennously msisted that sectiva’ | In January, 1868, 18 was enacted “that from and after the passage of this act no distilled spirits shall be withdrawn or removed from any warehouse for the purpose of transportation “ * * or for any purpose whatever unttl the full tax on such spirits shall have beea duly paid to the collector of the proper district. And all acts and parts of acts Inconsistent with the provisions of this act be and er ure hereby repealed.” understand the claim to bo—That althongh the execution and signing, or the procuring of the exe- cution, &¢, &¢., of & false and fraudulent bond, was an offence against the laws of the United States and @ conspiracy to commit such offence was formed, and an act done to eifect the object thereof in the year 1867, yet when in 1868 it was enacted tnat dit tilled spirits should not be removed unul the tax shall have been paid, the enactment not oniy ope- rated ag a repeal of the fortieth section, which had permitted a removal on the giviug of & bond, but it ulso operated to PREVENT THE PUNISUMENT of a previons offence commiited by executing or Leer peory such @ Salse or fraudulent bond when & nd was confessedly required vy law, and to pre- vent the ponishmeut of a previous couspiracy to commit that offence. The claim in this behalf naturally snegests an inquiry by way of illusiration, Suppose by act of Congress the forgery or couuter- Teiting of notes or bills issued by the United States 4 authority of law for circuhiuon as money should be declared a misdemeanor an’ made pun- ishable by somo spectile penalty or teria of tmprison- ment, and thereaiter, whitle millions of such bills or Roles are outstanding, by another act the authority to issue bills “from and after the p, Ol latter act shonid be withdrawn, Would tue bills already outstanding have any less vatidity? And would a forgery or counterieiting thereot be any 1e38 # misdemeanor, punishable under and by te spectiio punishmeut prescribed in tue previous statute? Jam not able to perceive that alaw forbidding the removal of spirits irom @ warehouse, from and after tne passage of this act until the tex 1s paid, has any operation upon bonds previously given on such removals, or upon ay oivence previously com- mitted by the signing or execution of a iaise or fraudulent bond theretofure required as a coucdition of such removal, the removal having been made In reliance thereon, The offence WAS COMPLETE WHEN COMMITTED, and was punishable asa misdemeanor, The law de claring the offence and prescribing the punishment is untouched, bonds given, therefore, upon re- movals are valid to secure tie performance ol their conditions, All that has been done 13 to enact that, afier the eof the last statute, remevais upon boud shail not be perinitved. in application was heretofore made to Mr. Jus- tice Nelaou for a writ of habeas corpus by or on be- haif of the petttoner, and his opimion {ts cited to me to the effect that the act of Los, which forbids the remioval of spi pout the payment of the tax thereon, certainly repealed seetion forty of the act of 1566 which permitted such removal on tue execution of a Lransporiation bond. Nothing can nly true than that pro- position, But i im10i Contams no decision uilon or urement of faise, no bods Was mob Under Lhe Lorty section an offence, or that a previous cons commit Unat oiTence and an act done to eidect the object’ were not punishable vader section 30 of the act of 1807, nocwithstanding remoyuls on boud were no lonzer permitted, _ dio dented the motion on the gronnd that the fourth avd Ufta counts in the indictment were good, aud Were suilicient to sustain the convicuwn and judgment, But i suched that conclusion, he in my judgment, Hall nob lok into the question a3 to wuat effect the repealing get of 1868, as It respects the transportion bond, has upon the other counts in the indictment; nor have we Jorined any opiniea on tae subject.” ‘The Motion shout, L thy be denied, _ For the petition, Wi, € eit; for the United States, District Attorney Tr: Meeting of the Bonrd of Hexith Commis- sioners. A regular meeting of the Board of Health was held yesterday, President Bosworth in the chair. ‘The attorney was instructed to commence suits in nine cases of violation of the Tenement Liouse act, and eiguteen cases of noncomplian with the orders of the Board, Michael Hacker was granted a permit to tan hides at 420 West Thirty-clghth street, on recommendation of the Sanitary Comunitte On recommendatio, of the same committee John Ducey was continued as laspector of Cattle duriog the pleasure of the Board, at a salary of $100 per month, The weekly report of the City Sanitary Inspector on contagious dis OWS a slight inere: m vyphus, typhoid and reiapsing fevers, also in small. pox. * Section 127 of the Sanitary Code was altered to read that doctors shouid report all contagious dis- eases and deatlis from the same within twenty-four hours, and other dcauis withiu thirty-=1x hours aller death. George Longstatf, of No. 348 West Twenty-elghth street, Was grauied a permit to melt fresh iard, several applications to melt Jard, bow iripe, Keep Digs, cows, &., Were disposed 0) oruing to the recommendanions of the City Sanitary Inspector. Attention was eailed to the fact that Ina small wooden siracture, corner of Sixty-cighth street and Second aveuue, were stored ten barrels of gasoline and several meters for Le introduction of tie above arucle. It is in @ very dangerous position, being essible to boys. ielerred to the alloruey for in- structions. Mr. MANIERRE moved that the Register of Records be ordercd not to make any move reports to this Board of phy cle report, marriazes and deaths witlua the preserived ume. The motion was lost. On moun of Mr. BARR. the City Sanitary Superin- Tendont was insirncted to report att ing all violations in regard to On motion of Mr. 3} present a sot of resol ex-men.ver of tie Board. RMLROAD RAGE! The Advanced Winter Freight Tarim The propesed advance in prices per hundred weight on Westward bound freihts, agreed upon at the recent General Rattway Convention at Erie, Pa., has just bec wily adopted by the Jollowlng named roads: ral and indson liver, New Yo hove aad Michi gan Southern, Toledo and Wabash, Peansyivan Central, Pitish: Port Wayne and Chicag: Jand, Colmnbus, Clacinaatt aad Tidianapot gan Centyal, 11 Atlantic and Grea tor quiney. ‘Tne new list of rates show ans aver: alvanee of ten per cent ever those established 1m November Jast. ‘Yhe following Is 4 List of pr rom New York to the more Hmnpert ais Jor tr t ciass goods, Whick wmoeuder dry goods and generar merchan: nse Rate advanced from Feared $9 bu Lo $0 90 Dani +090 to 1 00 Rochester OTT te 086 + 10400 118 Pr 14 Cincianalt, Olio. 4 s payton, Obie 58 Toiawo, OW 39. Austin, Munp. 95 St. Paul, Mann. vi Minneapoti: 10 05, or napol Logansport, Ind. New Albuay, toa, bay Cliy, Mich. | Deivol Kala Port Huren. Cairo, Mh.. Roto etc es cote Chicago, Ul... m | 19 2 | 2 ? f 2 rontn, C. We... 1 uncil Bins, lowe, 250 | Dubugue, To 240 | Milwaukee, WwW, 1 $9 Madison, Wis, 5 230 Lawrence, Kansas... 316 K 239 280 Als Jarson a 5 46 | Sioux Clty rato upcheng — 316 Nashville, Teaa., unchanged ab. — 208 The dicker races veunain uuchanged, FATAL CHI'STMAS CAROUSAL, O» Clirisimmas afternoon, while four sokliers from ets Poms were returning [rom @ caronsal at | Bay Side with a team the horses were frightened {| by the eres and yells of the men and became un- manageable. They ran violently dawn tie road to- ward Wuitestone, three of the men tumbling out of } the wagon a iuey went along, but Scutt waxoi ove: Curmed. ground, brewkuug bis Fyvo of the eters, 1h ts Wy wurown to the ond Inscamiy Kilian him; red, are bataily iniurea, Charities and Correetion—The Work of the Pact Year in Aiding and Reforming the Needy. The Commissioners of Charities ava Correction have almost completed their layors for the com- monwealth for the year 1870, and will at an early day lay before the proper authorites an official record of their proceedings. Below WA be found an abstract of thelr report, which goes far wo show that the vast work which they have under- taken to ameliorate the condition of the outdoor poor and lessen the misery of thousands of unfortunates, as well as improve the varions institutions under their charge, has been satisfactorily accomplished. The isiand inst- tuuons, together with those in the city, have in many instances been enlarged and improved by the outlay of considerable suins of money from the ap- propriations made for the current year, and they have spared no expense to make them models of their kind, THE NRW LUNATIC ASYLUM on Ward’s Isiand, which has been under process of construction during ihe past two years, will be com- pleted and opened for the receptiof of patients by thelast of March or the first of April, 1871, This structure will accommodate 2,000 patients, and has been pronounced by commissioners trom the ditter- ent States, sent to examine it, to be the best are ranged institution of its kind on the Continent. ‘Three hundred and fifty thousand doljars has thus far been expended on it. TRE iNEBRIATE ASYLUM, alsoon Ward’s island, haa, under iis present efl- cient resident physician, proved # complete suc- cess, and the Commissioners have been so far en- couraged that they have resolved to expend a lew thonsand dollars upon it for various ni sary im- provements, THE SOLDIERS’ RETREAT, a wise provision for wounded and maimed vetsrans of the war, is situated in the east wing of the buiid- ing. Here they have been provided with every necessary comfort in thei declining years, and on each hotiday are provided with a substantial dinner, It contains at the present Ume between one and two huadred inmates, THE INFANTS’ HOSPITAL, on Randall’s Island contaius, 16) foundiings. These watts have been placed under the control of ¢: rienced matroas, and their healtiy condition ainply attests Ue wise foresight of the Commissioners, ‘Yheir numbers are gradual'y increasing month by monih, and without an increase of funds for tts sus. tenunce the expenses for its mainvenauce will have Ww be considerably curtaied, WHY SCHOULSHIP MERCURY, established for the training of the youngsters of Gotham, has, up to the present, proved a compiere success. Since the purchase Of Wis crait by the Commissioners between five aod six hundred fads have been enrolled; out of this a by fifty and one hundred have bee aise’ reason of pkness and for paltry 1: ‘Their progr ua st uuship has be and iis with pride that cach membe iitssion speaks of thei exceilent ente fo aiford vortunity of § of tie workd and to imp other nanuc the Mereury departed trom this port Lota instant, under the command ot Captun Pierce Giraud, an e3 ened navigator, bound for the mouto oi the Aw After ert short Lie she WALL Visit tof Atrica, and retara ut June, 1871. EXPENDITURES DURE ‘The Commissioners have expe propriations made at tue commencement of the year the suin of $1, 763, divided as iulows:— Lellevue Hosptial. 75,015 Mespital 104; Lid Fever Hospital O12 Suitllpox Hospital 0772 Tncurable Hospital 3 Eptiepuc and Paraly Jafanis’ Hospital, tdiots? Hous: Asyiuin for Indigs Lunatic Asylum. Lunatic Asyluia, Morgue... Randaivs & Indnstrial School, H Senooiship Mercury. Inebriate Asylum. Alurshouse. City Prison Workhouse Penitenuary Ward's Island Free Labor Bureau Steamboat expenses G neral expeuses. Central Ollice Colored Home tic Hospital Nursery Hospital and Ward's Isiand missioners estunate that it will require ain Of $1,100,000 Lo detvay the enses ol the Vartous jus under thelr cuarge during L871. Of this sui ly one-siXth wil be required tor the mauntens the outdoor poor. NUMBHR OF PATIENTS IN MOSPITALS AND PRISONS, The various hospitals and prisons subject to tne jurisdiction of the Coumissiouers coniuned ap lo the last report ihe auuexed uuuaver of prisouers and paieuts: Almshous ena S a Epueptic a} 7 Nursery Uospitat Idiot Asyluin.. Infants’ Hospit Bellevue Tnebrr A Soll Venttentiary. . Nurseries on Randali’s J Workuouse, Giiy Prison ne Fourth District Prison Fitth Pistrict Pr Schvoiship Mere: ATY’S CALLS. The Great Fair fa Darivalied Au Crowds Every Evening. The great fair fe e beneflt of the Union Home and Seheot, ac the Armory of tho Seventy-trst re ment, 45 SUL attracting crowds of peopie, every one of whom leaves the scene of action with the comfortable assurance that he has got his money's worth, iumitiee are organizing a grand raffle, the cies to be draw asisting of thirty e p ings from Ut best artists, Mart, Hierstadt, Colewan and others; several of Roge groups in terra cotta, a cosily set of decorated China, sundry pistols elegantly gorten up, an Arion plauo, furs, sewing machines, French clocks, sliver, &c THE ARTICLES UN THE RAVLE number 100, and there are to be 5,000 cha one dollar aplece, Let everybody who is interested ia the orphans spend 2 dollar in this patriotic and benevolent raffle. Among the oil paintings Is a magnilicent head of Morse by Fagnant, “Ducks” by Hart, and various carefuily executed vita of scenery by other well known artists. Indeed, the artists, the army oficers and tho ladies seem to be Lae most munificent ana sell-Racridicing of all the patrons of ile fair, The young mea who would like & gumpse of SOME OF THE LOVELIES? FACES OV NEW YORE should get a ‘dof admission to the living art gal- lery. What it is they wii flud out when they yet tuside, ‘The clegant sword to ve given to the most popular Tis AD object of great wtere: All the oflicera uowhere, except General G Little Mac, jeneral Shater, aud Grafulia, who comes in for nis share, because the Americus Club will vote for him. Mrs. General shauler's table ts full of objects of in- terest and vaiue. back of it bangs the best por trait, of Goneral scott ever executed, draped with the taiterea colors of the gallant Sixty-tifih New York Volunteers. Prom vaslous positions of houor photographs of Tweed, Hackett, Connolly, Gov- ernor HoMuan and otuer notabilities, sandwiched between nulitary people, look Gown upon Vik WHEEL OF PORTUNE to gee that the gume ts carried on according 10 the strictest principles of honor. Every eveuing some hoted general levds 4s presence and bis mus- taches—a fact which ought (oO attract 0 great many jadies, thal whimsical set being notoriously fond of generals. Some of the arucies won 1 the rames are:--An erent bronze clock, Miss Molloy; Rogers’ statuette, Mrs. Robinson; the musical Cluck, pre- sented by General McOlehun, Mrs. Graiam; chromo, &. Stone; gold watch and chain, J. W, Marshall, ‘here 18 everything to buy and everything to see, and all for the orphans of our dead soldiers. Geo and buy, ; The Foundling Ylam-—An Appeal from ao Pinve Which Santa Clans Avoids. Good old Santa Claus has visited avd made happy many bowes during the present hoilday season, but there is.one place tu which he does not go, but which needs ail fhe aid and comfort that the charliaule diers’ Orphans ned Kuilte— = have t bestow. ‘The inmates of We place m ques- fon caiaet xfye any special Christuas celebrauoa, they cannot posatoly ywake the instanton seif-sup- boriu, Lub they cau appeal to we charitable in thelr quict way, The place referred to ts the Foun4- Nong Asylum in Weat Washington place. While ering the festivities Incident tothe anniversary of t irthday of Him who said, “Suffer the little children to come unto me and forbid them not, for of such is the kingdom of heaven,” it would be quire fitting that those who are possessed of a sar- Plus of the world’s goods should take this greclung now sent them:— THE ADDRESS, A Christmas and happy New Year to all the friends of the litte foundiings, who ask only # Christmas donstion and @ hose w Year's us hearts gather round festive boards ire as they Abele charity und. provides for, those whose . “My father and my mother have foruaken ie, ’ FOUNDLING ABYLUM, No. 3 North Washington square. St. Michnel’s Monastery Fair, The New York friends of St. Michael's Monastery, ‘Weat Hoboken, have gotten up a bazaar in ald of the building of 9 new church m connection with the avove monastery, which 1s now being held at Union Hall, Twenty-third street and Broadway, “he stalls are not very numerous, but are well stoxed with trinkets of vertu ana art, being attended also. by some very pre- posses\ng young ladies, Each eveniag an orchestf.’j3 ‘engaged for the amusement of those t at*ne fair, and this evening Madame Geary as promise’ to sing in the hali, the proceeds to be apphed for the ose above named, Many of the articles Were glven by the friends of the monastery as carly as June of She present year, und it ts ex. pected that they will resent ‘at the rating to- Digit and to-morrow. fair is under the man- agement of Fatner Gabriel, « West Hoboken. The Philadelphia Frony Fair. At the fair in aid of the sufferers % France, now being held in Philadelphia, there are toye disposed of, at two dollars per chance:—Passage ticxet to and from Liverpool; another from Brest and Eeyre;a trip ticket to St, Louis and return; a trip ticket to San Francisco, thence by Pacitic Mail Steamship Company's vessel to China, Japan and Yokonaina and return. A chance lor cither ticket May be had on application to Mr, J. R. Coffey, No. 50 Broad streel, or to No, 1,627 Spruce street, Philadelphia. JUSTIFIABLE HOMICIDE. The Shooting of Jokn Rourke—The Prisoner Exonerated=A Warning to Brooklyn Row- dies. On the night of the 18th inst., it will be re- membered, @ crowd of rowdies followed James Hall, a respectable citizen residing in Gowanus, from Columbia street, where he had been visiung a friend, to one of the Atlantic strect and Fifth avenue cars, Hall became thoroughly alarmed, supposing that the men intended to rob him, They followed him into the car, cut Ung of his egress by coming upon him from both front and They seized him in a violent manne and dragged him out upon the front platiorm. The passengers in the car became terrified and fled. Hail, after a severe struggle, managed tu get inside the car agam, when the whole party fell upon und beat him in a terrible manner. They stamped upon his head, kicked hun in the face, and in ali probability would have killed | hun had he not DISCHAKGED HIS PISTOL IN SELF-DEFENCE, ‘The ball passed through his OW hand and tien avdomen of John Rourke, the ringleader » party. Rourke was takea to the hospital and ‘om the effects of his wouud the ivilowing day. Veatenday Coroner Jones held the inquest over the body of the deceased. The conductor of the Tuomas Ingleden, related the eireumstances cicarly, from the tine the party first got on the car. He said these men rusied upow Hall, dragged him from lus seat, aud MK WARNED THEM he would shoot them if they did not let him alone; Hall discharged iis pistol once while the parues were beating hun. He called for the police and the par- ues Ned; then he nofived that the blool was stream- ing down tHail’s shuulders frog tae Wounds upor his: head. ‘Yhe jury returned the following verdict:—We find that the deceased, John Rourke, came to his death from @ pistol shot wound ab the hands of James Hail, and é the hom.cide on ule part of the latter Was Justi fia! Hail was accordingly discharged from custody, ‘TRE SEWTOWN ASSESSMENT Fu Investigation Yesterdny-—Kuow-Nothing Az- sessors—The Whole ‘ibing a Collusion Be- tween Property Owners and Oficials. ‘The investigation by the Loard of Supervisors of Queens county fnto the alleged fraud in We assessment rolls in the town of Newtown, to the extent of $256,000, was continued yesterday, At the previous session of the Board Jt was testified by reliable witnesses that inuch pro- perty had been left of the assessment roil; that other property had been assessed several times More than its real value, while otber property wortn from half @ million toa million was assessed at a merely nominal figure. The exammmation yesterday was conducted by Supervisors Lawrence and Cock. ‘The first witness called was Garrett. Furman, assessor of Newtown. He said he was elected assessor m the spring of 1869; he had seen the reports im tie Herasp concerning the frauds 1p the assessments; he kuew of no property that had been leit of the assessment roll, ‘I have,” he said, “enclosed con- siderable property since the assessment roll has been made out, and It is assessed at the rate ot $100 per acre; the Blackwell property, assessea for $57,000, Is not in my district; ine assessment roll has decreased by reason of property being _ ASSESSED TWICE AND THREE TIMES; there was not cnough excessive assessments to cover the deficiency in the roll; did not know what property was assessed twice; did not refer to the assessinent roll of 1869 to make out the ro of 1870; the Giendale property is assessed as farm land; the Suzerdorf and Windmuiler property 1s act in my district; each assessor takes a district and prepares the assessments; the assessments are equalized to the best of my knowledge; the property of the town has not depreciated im value; the 640 lots at South Williatsburg, left of In 1869, are not in my district; this property ts on this year, Wihan B. Wilsca, Assessor, was sworn and tese tined:—J am one of the assessors; 1 know ef uo property left oi the assessment roll tals year; I wes not aware that AUD. SMENT ROLL WAS DEFICIENT $ 000; & portion of the Riker estate was leit off tn 1563; 16 Wes an omisslon on my pari the property ts on the roll this year; I know bo r son why there should be adeticency; I know of reason why there should not be an ine ; know of no excessive assessments in my district: I know of uo property left off in any other district; the 640 lots at South Williamsburg were left off the ussessiment roil in 1869; if these tors are on this ear the assessment roll should have mevreased; the Rapelyca property was not on in 1863; 1t was AN OMISSION on mg part; I putit on the roll in 1869 and marked it as off in 1868; Riker’s Island property was on ip 1869, and is on this year; Ido not know whether it was on in 1868; [do not know whether or not the Koop property was on in 1863; | think che propor- tionnte value of property is equalized; the Gregory property 18 assessed for $400, iam 0. Pearce, of Long Island City, sworn, toatified:—-I assisted In making up the nssessment roll of Long Island City; we were doubtiul as to residents in making op {he roll; Mr. James Thomp- sop mre me a list of Lots sold, and I find a portion of them left of the roll; block No. 15 at Hunter's Pornt ig left off the roll; the Gregory property is not no on the roll; if belongs to Jobn McGowan. THR PROPERTY OMITTED from the assessment roll, according to the map of Mr. Thompson, is located on Jackson avenue, jus. above te toligate, and belongs to the following per- sons:—Henry Alcock, M. Alcock, John Bruder, Thomas Brady, Michael’ Caugitiin, ‘Thomas Connolly, ‘Thnoth; Dunn, john =. Deflant, James inn, Feilx Donnelly, Michael Far- relly, Patrick Fagan, James Gallagher, John Gerathy, Albertine Motmes, Join H. Holland, John Krom, Welden Kershaw, Michael Kelly, Kaward Kelly, Thomas Kelly, John Kays, Bridget Kelly, Thomas EB. Kelly, Martin Kavanagh, Michael Mur- phy, John Murphy, John Muinave, Eugene O’Sulll- van, Owen O'Sullivan, Patrick Smith, sary Smith, Thomas Smith, Maria Switzer, James Waters, Thomas Waters, Stephen Watfer. Considerabie argument ensued between intcrested parties, and it was intimated that THE AFFAIRS OF OTNER TOWNS in the county needed in igation, Supervisors Carman and Remsen were appointed a commitice to investigate the Newtown assessment matter. The assessors were unable to define thetr line of policy, and their inability caused considerable laughter. Ib 4s generally believed that the fraud was deliverate and the resuit of u coliusion between property owners and oificiais. Supervisor Lawrence calied attention to a piece of property beicnging to a Mx. Jones, frouting 1,600 feet on Bast river, wortu $300,009 und assessed for $8,000. MULES IN THR Sovrn.—Tho Parts Kentuckian s—1he news from the South is more discourag- ing. Childers writes to McClintock net to ouy any mules at any price. He has sold no mules since he le.t Chattanooga. Osborne recelved a similar tele- gram from the salesman; and some parties who asked $150 for the mules here, and they were not considered high, have sold out and will not realize $90 pet proceeds; and Irem the number of mules en roule, and that Will start tis week, drovers predict by the first day of January an entire demoratization of the trade, so that py our January court tue trade here wall be complevely paralyzed, —~ si — AUSTRIA AND THE PAPACY. ‘ ’ The Austrian Red Book—Attitude of the Emy pire~The Royal Speoch—Aatonelli’s Cir- eular—The Proclamation of Infalli- dili_y Working Against His Holiness. a: ser Rome, Nov. 20, 1870, ‘The fears of the liberals and the hopes of the cals have been both allayed by the publication in tl Austrian Red Book of the Grand Obancellor’s re] to the inquiries of Cardinal Antonelli, previour the occupation of Rome, with respect to the pl ble attitude of the Austrian government in /ase an invasion of the Pontifical dominion by the Ital troops. Neither foreign pressure on therelatio! between the Italian government and the Holy See, nor an armed intervention of any of tre Europe: Powers in the affairs or the Italian peainsula, are be apprehended at present, any sich interferen beig contrary to the policy and ivteresta of all con: tinental governments. The concitiauion clauses promises of territorial franchise, in the royal spec to the Deputies of the Roman Plebiselte, are now less necessary to Insure the inaction of Catholic gov ernments, inasmuch as their realizauon’ 18 of mol and more evident impossibility, espectally after dinal Antonelii's last circular, which plaluly stat that the Pope ‘neither can nor will ever accept an: conditions or submit to any position offered to hin by the usurping government short of @ comple! European governments seem to have been vel much exaggerated, judging from the indifferent ‘with Which M. de Beust speaks of the fall ot the pr lticw. power of the Papacy—an indifference throug" which we may detect a kind of complacency which! diplomatic etiquette does not allow the Minister t express N0%e frankly, From this note we inay infel an enure rev ution of the fails aveompli of last September, ‘I Austro-Hungarian empire havin; entered loyally: On ita Liberal cnreer becoines the ni: tonal ally of Italy. questions of suctal order anc civilization. But at the Vatican consitferable disgust must prevail at such @ auference between tn present and past language of the Ministers of hu Apostolic Majesty with regard to the civil authorit, ot the Supreme Pontiff, ‘The fact is that the tone of the Ecumenical Council alienated tiie Pope’s best friends, and the dogmatical deauition of his tnfalli~/ bility completed the overthroy of his totter temporal throne, ‘he Papal encyclica, for the pubitcation of which number of Italian journals, begruning with we Unita Cattolica, were lately seized by the goverus ment, is now bemg clandestisely circulated 1 Rome. As the typograp! it wilich these sheets ar printed is not named on them, as 18 required by law, they are supposed to proceed m the secret printe ing office of the Vatican for ¢tstr bution to the farth. fkto str up public opion in anticipation of the ap, proaching 8ih of December, when, being the festival of the Immaculate Conception, te Poe 13 expected to perform some startling miracie. ‘ The Steila, @ new clerical journal, draws a dist couraging comparison between the aspect of Koud ‘) now and ayearago, After describing te appearanca of St. Peter's, filled with the bishops of the whol Catholic world, tt continues tin: Now the grand temple ts mute, the se rr deserted; the immortal Ponti, in trivu is oblized to keep In his palace Ik» a squalid, solitary, abandoned by all aud proad men who shake their beads wien they pass In of the Basilieas and insult the Uviug God, come, the capttal of the Catholic world, is made the residence of any lien: tenant whatsoever, assisted by tour bravos, who tyrsnnte over the wietened eitizens. Tue army, iaiely ko Nourishing, ko honored, #9 heroic, is destroyed; the sous of Kome urd driven on: ‘of the pubic offices ani rep aced. by strangers; commerce has ceased, gayety is extinguiahed, the nobility de pressed, our dear families tmpoverished, aa buried ander a dein.e of new luws and taxes, and besieged by an intolerabla crew of mountebanks. ‘These are rather hard names, and the clericals that make use of tiem caunot compiaia of want o liberty in the press, But they oceas oaally make use of the privitege to a degree tha. briugs them tntd trouble, as has been the case lat ly with the respon. sible editor of the clerical yourau 4aparziale, wh of the bishops and mourning, ‘Whe elty has been condemned to a tine of 2,500 an five and a half months’ imprisonment, Some time since the national iyceain and Gymnad slum were Inaugurated 1 the vast locality hithert occupied by the Jesuits for tne Collegio Roman ‘{he Royal Lyceum takes the name of the celebrate: author and archwologian Ennio Quirino Viscon! and has been judiciously and commodiously arrange m ail its detatig py Ube engincar Gabet. Signor Gnoll, Professor or Literature, read the opentin: discourse, In consequence of the wansfer of the Order of Jesuits to secuit Hepelessly Insane~Commitied to the Lunatia Asy‘um, j Yesterday afternoon Drs. Ferdinand F. Seliger; and Frankiin W. Hant, in their capacity as attend-( ing physicians at the Homeopathic Institute, int East Fifty-fifth street, applied to Justice Bixby af the Yorkville Police Court for a commitment to tha Insane Asylum for the celebrated Editha Loletta Montes. The Princess, as sue was for al while famiharly known to the public, was, 1% will be remembered, arraigned at the Tombs Polica Court, and sent to the above named institution after a caretu! examination ai the hants of some promi-| nent medical men, wno had at the ume pronounced) her untit to take care of herself, if not actualiv: crazy. It was hoped thatin this msticution, waera gue would receive the best medivai treaties, SHE WOULD SOUN RUCOVER, from the unfortunate ma ady jrom waich she was then undoubtedly suffering. But tnsiead of im~ proving she gradually became worse trom day to day, until at last the officers iound it impossible t control her any ionger, and then it was determined! to send her to the asylum on Blackwell's island. ‘Phe meaical gentlemen above referred to have noty however, given up all hopes of iier revovery, so wnat there sull remains a chance, althougo a stightt one, that the young lady will, at some iutura day regain possession of her reasoning facuitiess ‘Tue application was of course grantea. It ts sutti< cient for this poor girl’s enevuies, ii she was nad any, to kuow that she has by this Ume entered a paced from out of which the unfortunate creature inay never relurh. “DARING SNEAK ROBBERY, Thieves OGperated—Take Care of the Upper Stories. A very singular burglary occurred on Christmaq Eve at No. 1i4 West Fourteenth street, white tha family of Mr. Philip Woodhouse were at dinner, te< | tween the hours of tive and six o‘clock, It ap< pears that the burglar or burglars eniered) No, 112, next door, through the basement doors Then they tgounted to the attic, and through the seutce to the reof, where they sound no ditteulty in eifecung an entrance to Mr, Woodhouse's dwelling througit the scuttle on his 1001. ‘Chey then cautiously descend. d to the third floor, aud, assuring thein- that everypudy was down in the ement af dinner, burst opea the burew drawer and stole from {t @ quantiv 0! jewelry, Giamonds, pearls, watcues, &c. They Were In the act of stowing their booty ee away upon their persons, Wien sone one was heard ascending the stairs, and panic-stricken the thieves beat a hasty retreat, making r exit through the How the roof and to ihe strect, as they had entered, aud carrying With them about $1,000 worth of the pro- perty, having in their fright left three or four times that amount Mm money and jewels benind them, It was a faise alarm, however, for their act was not discovered for more than wp hour uiter their fight. PO} PUNISHMENT. Temperauce Lectures to the Force—Summary Disinissils. Commissioners Barr, Bosworth and Manlerre yes- terday heard fifty complaints against policemen, Roundsman Buddington, of the Broadway squad, was charged by Augustus L. Brown with using rade and abusive language to complainant’s wile. Re- ferred to the Board. OMcer Reilly, Nisth, was charged with being under the influence of liquor in the station house ea fiiteen minutes past one P.M. Referred to ard. Moses Jackson, of the Eleventh, was charged by Captain McDermott with being so much under the guficence of Mquor in the siacon house as to be unfit’ for duty. He Was disinissed from the department. ‘Timothy McCarty and Patrick McCarty, of the Twenty-tirst, were dismisse.t on the spot; the former for belug in @ stable at ‘Turty-enguth strect and Lex- ington avenue, while on post, and whea seen coming oul was smoking @ cigar, and the latter for having been a comimy out of lis private residence While on post Pawick Sullivan, Tenth, was summarily disinissed for urinking lager veer winle on post, RvsstaNs LEAVING ALASKA.—A San Francisco piper says:—“Lhe steainship arrived at Victoria having on board fifty Kussiins ent route for ue native jJand, ‘tho despatch from Victoria or- dered lodgings to be ready for them on arrival here, Those Russians petitioned the nome yov- ernment to prepare means lor their departure from Alaska, as they were sufering from want and had been treated with great Injusiice and abuse by the uulitary and civil autioriiies of Uiat Territory, ‘the Kussian authorities, complying with their pei tion, have made all the necessary arrangements to transport them to their own country. With the de- pariare of this party frow Alaska the Lmperial goverument has bul few representatives let in Wal 'rerritory, and those lew are decidedly anxious tw getaway. Alaska must bean unhealthy place for Russians. Perhaps the American Eugle Is wo avaricious Jor the Russian Bear, i t | } i i i > {e é | i |