The New York Herald Newspaper, January 8, 1871, Page 8

PRINCE ERIE FLOORED. Important Decision by Judge Brady in the Churchill Suit. ‘Veil of Becrecy to bo Lifted from the Company’s Operations—Access to the Company’s + Books—Bad for Erie. In the suit of Churchill against the Erie Railway Oompany, which has so long been in litigation m the Supreme Court, Juage Brady rendered a decision yesterday morning. The detalis of this suit have been so frequently given that ik is unnecessary to re- peat them in full. Mr. Churchill, it will be remem- bered, according to the recitals in the writ, was owner of ninety sires of the Erte Railway common @ock. Within thirty days before the clection of Yhree directors he applied to Mr. Gould, the Presi- @en!, and Mr. Otis, the Secretary, for permission to Jook atthe books of the company, and, as he says, ‘was not allowed to do so, He then procured an alternative mandamus, directed to the company and ‘to Mr. Gould and Mr. Ous, requiring them to exhibit the travsier books of the compauy or shew cause to the contrary, On the return day the company demurred to the writ, that its recitals were not sudicient. Mr. Gould answered ‘that ne had not contre] of the books and had not de- nied the relator an inspection of the books. To this return the relator demurred, Mr. Otis, not having been served with the writ, Was not in the question. Tho relator, therefore, insistea that be had a right ab nce to proceed and argue the demurrers. ‘whe re- spondents claimed that they must go on the calendar Vike any other rezularly tormed issue and take their turn. Judge Barnard, who heard the motion, de- cided that ine reiator having Wkep in the first in- stalce uu alteruaiive motion oi a perempiory man- duimus, the iwatter must be governed by tue practice fa writs, and the issues mugt go on tue calendar, At the December term the case came Up regularly on the cviendar apt was argued belore Judge Brady. in the meantime an eifort bad veen made by the com. pany to amend this demurrer. ‘fue chief points ed ior the rie Kailway were that no deaand had made of tae coutroldug officers of the road— the directors—but merely on their ageats, and that gach demand, if made, was not enough; that tue stavuce under Which (he relator made we demand Was final and to be strictly cousirued; tat he should have, 1 making bis demand, stated the ob- Ject of lis examination, and that the corporation Was not the proper person to whom to direct tue Maudainus, but its ageuts and oilicers. The above are the prelaminary lacts in the case, and Judge Brady yesterday dedvered tis opinion, Alter a iuil aiscussion of tue cases Learing oa the practice in such sults he holds that when a defend- ant moves to quash an altenalive maudamus—a mo- ‘ou whicii 1s in the natare of a Gemurrer—it remains With the relator to determime whecher tie procced- Ang shail be regarded as a non-enumeraced motion and that a relator is permiticd to discuss ie return @uu to ask a peremptory wandainus, end while ae oes Hot pui in a ioral demurrer the case is con- Sidered as embraced m the descripuion of non-enu- rated business and Is heard as such; butif a ‘mai demurrer be interposed 11 becomes enume- Fated business and can be heard only at stated mes. It is optional with ihe reator which it @hall be unless the Court especially direct formal Pleadings to be inierposed. fis option may be @f greal importance to the reiator, as 1 way avoid @eiay, Which may deleat the use of t.e Wat He Roids lurther thai, assuming the answer of the cou y W be a deiuurrer, they could Bot amend it or Substitute a piea Withou: leave of the Court ‘This @tiempi, therefore, to Mase such subsiitution as fright, iails. On the main question ne cessary Teciiauls— ercise of Uti ht to ihat he is a stocktiolder Of Lie Company, ho.ding nine y saures of 1t3 stock, ding in i.4s name on the books: (hat an electioa Wes to be led on tie ith of Ucyober; rat within tity Gays of te election he made, 2s stockaolier, Sppucaton at the oifice of ‘the compaay, @uring ibe usual business hours, to Jay Gould, nav control of the booxs, as its President, and Otis having charge of the vooks as its se ary, 1OF a eas and libscty to examine the book: of transter, and that such access and exzinmation were denied, The Glatute provides that ike books Of any Incorpo Fated company in which the transier of stock in ®uch company shall be registered, and the books containing the names of ike stuckloiders, shail at Feasonavie times duriug tue usual hours of trans- a@cliug business, be open to the examination of way Bockoider o1 such Company for tairty days pre- Yious io any election lor direcwors, and provides any oulcer baving charge who siail, on demand, reiuse or negicct to exhibit them shall forfeit 4250. ‘he duty imposed on the company is = ‘The books must be hept ready ior the exami- tion provided by the statute by any slocklolder @ema ding such examination. The person who May be the custodian of the books bas nothing to Go With this rigut of examination. Li is enough ‘thal the siockholver makes bis demand ai the pro- per piace snd during the proper hours to some oif!- r of the company. 1118 their duty to provide for coming; Ww see to it When he Cowes ior that pur- pose that Do obstacies are turown in his way, aud Bhat his right be not impeded by insisting upon any @iher cereciony or formula, or the proois of aay @iber jact han that required by te statute— namely, that he (she person making the demand) aastockholdcr, Whetier he is a stockholder or Dot is within their knowledge and can be ascer- tained without delay by reference to inelr boo! They have no right to ask his purpose or motive. The Legisiaiure has not made the directors or Officers of the company his juiges in that respect, Or imposed upen him the Obligation to deciare Lis purpose, Mouve or mterest, Or either of them, In seeking the examination; but the courts, if neces- @ary, can see that the intention of the Legislature Was to enable the stockholder to ascertain whctner or uot the registry which related to him was cor- Fectly made aud to enabie him, by ascertainiug who the stockholders were, to consuit with them iu he Shought proper to do sv in reference to the approach- tng election. The statute in regard to the examination 4s remedial or peneiicial. It is penal only m reiation | W the sum of $: In proof of tuis view of the case muir us decisions are cited. He, therefore, hoids that the relator was entitled to a perémptory man- Gaius, and that this mandamus 1s rightiy directed to the company itself. With regard to Mr. Jay Gould's return, he holds that bis deuial of the re- | Tusai Wo exhibit tie books being, by force of the | relator’s demurrer, admitted to be true and affect. | ing lis Lavlity wilh $259 penalty must be hela a @uilicieut return and the demurrer to it overruled. ‘The thirty days having expired and the perewptory mandanus, ticrefore, useless, costs are awarded the reiator against the Erie Rallway Company; but as Mr. Gou.d was proceeded against as rrest- dent of the company, and the company, by its de- murrer, admlis What Mr. Gould denies, costs for the datier are refused. COURSE OF EMPIRE, Fifteen hundred and eighty-tive passengers arrived ‘@t this port from foreign ports during the week ending Saturday, January 7. This number is very meagre considering that 112 vessels came into the harbor from piaces beyond te seas during the same time. ‘The German steamer breuglt the small list of 156, and oue ef the Havana steamships but six destitute @eamen who bad been cast away. It is seluom that ‘the passenger list of the week 18 so small:— tecbiand. City of Port au Prin City of Brussels... ‘Wisconsi Pernarab) : Yort au spam. -Para...... Tots) number of paxsengers......... = | aitogether in the English languag | of NEW YORK HERALD, SUNDAY, JANUARY 8, 1871—TRIPLE SHEET. RELIGIOUS. Services To-Day. Rev, Oscar Hugo preaches on the Bible question this morning in the Berean Baptist church, corner of Downing and Bedford streets, and in the evening m Antioch Baptist church, corner of Bleecker and Morton streets. “The Three Graces’? will be the subject of Rev. Frederick Evans’ discourse this morning in the Cen- tral Baptist church, Services algo in the evening. Rev. Dr. Coeke will preach this evening in the Church of the Incarnation. Rev. Dr, McVickar will preach this morning and afternooa in the Church ef the Holy Light. Rey. Abbott Brown preaches iv the Church of the Reformation this merning and afvernoon. Rey, G, F. Krotel preaches morning and evening in the Evangelical Lutheran church of the Holy ‘Trinity. Evangelist preaching on “The Coming of the Lora” this evening at the Catholic Apostolic Church, Rev. Dr. Wedekind preaches morning and even- ing in the Eaglish Lutheran Church of St. James, “Life of Uhildren After Death, Who Takes Care of ‘Them, How They Are Instructed, and What Becomes of Tnem,’’ will be the subject of a lecture this even- ing by Rev. Chauncey Giles at the New Jerusalem chureh, Rev, Dr. Westcott will preach in Plymonth Baptist church this morning and evening ‘To Young Men on Mental Cuiture.” Rev. Dr. Cheever will preach this evening in the Lexington Avenue Presbyterian church on “The Record of the Walk with Christ to Emmaus,” and the pastor, Rey. Dr, Sanderson, In the morning. Rev. Merrill Richardson will preach this morning in the New England Congregational church on “Waste aad Expenditure,” and m the evening his subject will be “Who is the Lord that We Should Obey Him?" Rev. Charles P. Lee preaches this morning in Plimpton Building on “The Future State.”” Rev. Mr. Hepworth will deliver the fifth sermon | | in his theological course to the young this naoruing | m the Church of the Messiah. Services in the evening. Rev, Michael J. O'Farrell will lecture this evening in St. Peter's church, Barclay etreet, on “Oliver Plunkett, the Martyred Primate of Armagh.” Revival meetungs are held in Twenty-seventh street Methedist church, between Second and Third avenues, every evening. Rev. C. 8. Harrower preaches morning and even- ing in St. Luke’s Methodist Episcopal church. Rev. Dr. Kendrick preaches morning and evening | in the Tabernacle Baptist church, “True Manli- ness” will be the subject of the evening discourse. Rev. 8. Thompson will preach this evening in the Broadway Tabernacle church on the “Reasons Why | the Whole Church Catholic Shouid Rejoice in the Downfall ef the Temporal Power of the Papacy.” Rev. E. C. Sweetser will preach this evening in the church corner of Bleecker and Downing streets on “Tae Universalist Idea of Judgment.” “Why am I a Universalist?” will ve the subject of Rev, J, M. Puliman’s discourse this evening in the Charch of Our Saviour. The Hutchinson Family will sing and prominent Speakers address the Morning Star Sunaay school tus afternoon at 130 West Twenty-iou:th street, Mrs. Hyzer will speak beiore the Socicty of } Spiritualists in Apollo Hall this morning and evel ing. The Lutheran Charch and the Church Fes- tivals. To THe Epiror oF THE HERALD:— Ithas been, for a good many years past, the prac- tice of some of our city papers, on the day after the celebration of any ef the great festivals of the Chureb, to give some account of the manner in Which these had been observed by two of the most prominent denominations—the £piscopal and the Roman Catholic; and the Lutherans, who are nota | whit behind either of the churches just named in the opservance of the Church festivals, nave been pained to note how utterly they nave been tgnored | on such occasions. This omission has, of course, been unintentional, aud has probably arisen trom | two causes: First, the Lutheran Church is very un- obtrusive; devotes herselt nolselessly to the great | Work which she has undertaken to do; discourages everything like sensational preaching and allowse no opera music in her choirs, and thus falls to attract mucd notice; and, secondly, in most of the Lutheran churches of this city Divine worship 1s conducted entirely in the German language, and thus prevents the attendance of the English-speak- img puodlic, There are in this city and its immediate vicinity at least twenty-lve Evangelical Lutheran churches, and I would like, through your courtesy, to direct the attention of your many readers to their great importance as regards the best Interests of our German population and the claims of Lutheranism to the respectint consideration of our fellow citizens, and the kind notice of our leading journals at sea- | sons when the religious exercises of other denomi- nations are thus favorably noticed and commented upon. It i8 not praise that we covet; but we feel that we do not ignored, as though we were not in existeuce. A careful exammation of our confessions will prove that we are a purely evangelical, a thoroughly | orthodox denomination; that we bave preserved, in | its utmost purity and completeness, tae body of sacred theology 4% contained in the Scriptures and heid in tne apestolic times, Without seeking to at | tract observation aur Ghurch devotes aersel! to the faithiul preaching of the Gospe., and, in every legiti- mate way, to the work of evangelizing the world. She venerates, among others, the important mstitu- tions of the primitive Churca, aud solemnly observes: the great Christian festivais by which these tnomen- tous and sacred facts which Irom the historical basis of the Curisuan faith are commemorated and ever anc agai presented to the serious conside- Tation of men. Possessing @ beautiful lvurgical service, derived, of course, from the liturgies of the early Church, arranged mosi strictly in uc- cordance with the soundest principles of liturgies and just long enough not to weary the attention of mixed audiences, sie offers to the devout Ubristian @ medium for approachiog the throne of grace most edilying and soul-elevating. Afterwards enlarged and better arranged, this liturgy was first prepared for the use of the Lutheran churches in 1523, long before England became Protestant and anything of the kind, and was thus the first liturgy ever pos- sessed atid employed by a Protestant church as medium and eiement of public worship. 1ts excel- Jences cannot iail to strike all devout worstuppers who preier a suitable form, instiuct with tne spirit ofdevouon, for the guidaace of thei public re- Lgious exercises. Although ueariy all the Lutheran churches in and about New York are exclusively German, there are also those in which divine worship is conducted Of these the Church of the Holy Trinity, possessing a large and beautiful audience chamber, is situated in Twenty- first street, between Filth and Sixth avenues, quite near tiie latter, and thus easily accessible to persons 0 | oF jamilies living m the ceuira: part of our city. This church bejongs toa young congregation, by whom Ji was opened not quite tree years ago. There bas veen u grauual but steady lucrease in the | | attendance, and lie many strangers who visit it are always made heartily welcome, The pastor, Wao held during a number of years one of the most prominent posiiious among the clergymen of Phila- deiphia, 18 4 very eloquent, earnest, impressive aud etlective preache 2ver sensational, but solid, forcible, direct, mstrucive, pointed and eminently edifying; aid none who hear him can fall to receive | | the impression that they are listening to an experi- | enced Christii hose discourses are the utterances | | of sincere and strong convicuous and of a heart | | overfowing with te love of God and wan. In ine | — | chureh that bas just been named there is sil room | for many accessious, and as one of ihe great Church | lvais 18 aguin near at haud, this will afford such WAAL INTELLIGENCE, The (nited States ir at Speedwell, at the Poitementh Navy Yard, has been ordered by tu Navy Department to ply along the Porismoata coast, between Portland and Boston, for the purpose of as- @isting Gigtresse) vessels, dc. She will probabiy go tnto commission next men, wie er i nipped, mender . hed to tne receiy- tng ship Veudalia, of the Porismouth Navy Yard, | has Deen ordered to the command of the Speed Commander. A. Beardsiee has been or the Bydrographtc O11 ecoud Assistant En. George C. Nelson to the Nina; istant Enameer T. M. donee has been detached fron the d ordereg to the Tennessee; First Assisiant r Od, Oonneil from the Teuneasee and | laced on wa.thag orders; Lieutenant Thomas P. | uson from the Naval Academy oo March 1 and | granted #x monte furlough. ~~ RARRY INTELLIGENCE. Captain F. D. Ogeidy’ of the Bighth infautry, is @etailed as a member of the general court martial @onvened at West Point to try (Cadet Smith and others. Major G. A, Ve Ke'ssy, Third artillery, ie detailed for duty at the Artilic ry Schoo! at Fort Mon- we, Va., to relieve Major C. H. Morgan, of the Fourth ariiery, Who will be assigned t.) duty in the Depari+ — meni of the Bast; Captain #. T. Po ank, Firsi artilery, | fe reneved from duty as wemnt of we venera) | court Masiial Bb Weet Font. eek with a crew of sixteen | Lieutenant Com- | sour readers as have no Axed ecciesiastical howe & good opportunity to jearn what the } Lutberans, so Uitte Ksown i this community, really are, and a cordial welcome will always be ded to those WhO muy Teel disposed to connect Ves wilh the congregation which worsh statedly in that edifice. [€1s not because we affect novoriety, but because we think that we do not de- serve the obseurity which lias always been the lot of tis city, and (ast we do deserve to recoguized as @ numerous, live aud vigorous cal body, that we respectfully request an Gon of tiie commenicat.on to the columns 0) your imest Valuawle Bud popular Journal VERMANIGUS, Relormed Dlission. This mission, which kas been mainly sustained during the thirteen years of lis existenee by the coniriputions of the Tweniy-ninth street and Furth | evenue Reformed Dutch church (Dr. Ormiston’s), 18 the central point of @ large and ever-iacreasing work among the homeless and frendiess of this city. The Mission is located in tne building 160 West Twenty-ninth street, erected by the Collegiate Re- fornied Dutch Church Consistory for the use of their parochial scuool, and during the whole of its history bes heida position in this immediate neigh- borliood. Jn the building, specially adapted for the The Collegiate Deitch arch | Saviour, deserve to be entirely | Street entrance, and also a library and Bible ciass room, On the secona floor ia the large chapel of the Collegiate Parochial School, in which the infant school, numbering 300 little children, assem- bles twice on the Sabbath. A corresponding number of the jarger children meet tu the chapel on the first fleor, Both departments are under the direction of Mr. Richard Amerman, and have pcomperent corps of teachers—forty in number, These children are also gathered into @ prayer meeting on every Friday each week. Regular pressing, services are held at the Missien twice on the Sabbath, and a weekly lecture on Wednesday evening. A daily union prayer meeting is heta from twelve to one, In connection with the Mission an ageney has been established for procuring employment for mules and females out of work. has been in Operation since April last, and up to October | had thos provided for 137 persons, witheut cost to the applicants, An employment society prepares work for forty to fifty indigent females weekly, at fair compensation, AD industrial schoot tor girs 18 also doing goou service, Tue Mission 1s under the care of & committee of gentlemen annually appointed for the purpose, while its pastoral charge devolves upon the Rev. J. Henry Bertholf, a young man weil qualiiied for the work. Henry Ward Boecker as an Evangelist. To THe Eprror or Tae HeraLp:— Congregationalism in the days when Baxter was its theologian and Cromwell tts political propagan- dist was a cold, dreary pharisaical system, full of vulgar pietism and ignorant self-sufficiency; but Congregationalism, after the lapse of two bundred years or more, and as it is now reproduced m this conntry by Henry Ward Beecher and the Independent hewspaper, 18 a far worse system. During the last twenty years there has been no man in this country better known than the pastor of Plymouth church, Brooklyn. In picking up any of the newapapers of the day—espe- cially those that have a Paritan tendep*y—you will on boys,’’ or “girls,” or on the ‘*Missisquot spring water,” on “young men,” “Young America,” “hell,” “heaven” and various other subjects whicn he uses as illustrations in Gospel peaching. You, therefore, come te the conciuston, in view of pepular admira- tion, that he isa modern Moses, and that he has been raised up by Providence, like Moses, to lead the forty millions of people 1n this country through the Red Sea of their tribulations up, step by step, to the sumunit of the Delectable Mountains, where, with panting hearts, they can view with Joy and compo- surg the gates of the celestial city. That Henry Ward Beecher possesses as strong a natural intellect as any man that has ever appeared on this side of the Atlantic | will admit; and possessing, as he does, a poetic temperament, if he had turned his mind to poetry he would, no doubt, ere this have produced verses rivaling in elaboration of view and true po- etic insight, but with all the inconsistencies of form and ontlandishment of metre of Walt Whitman, America’s wildest but deepest poet, And that he is a plain, democratic, unecciestastical sort of a man and in hus private and social capacity a good fellow and a characteristic American, tough I have never seen him in the flesh, Ihave not the least doubt; but of him as a public preacher and teacher I must com- plan. In the Grst place he starts off with the avowed intention and assuming the awful responst- bility of preaching the Gospel of Jesus Christ, that simple Evangel that originated nearly two ta ousand years ago iu lonely Judea. And how does he do it? He leaves out the mediation of Ubrist, leaves out all the apostoiic and sacramental itfe oi primative Chrisuianity; leaves out all the ecclesiastical and visible forms of Churcn itie necessary te Keep Chris- tiaulty together as a body, and substitutes natural ism, ratioualism—preach¢s natural morality and virtue—aud he praciically teaches iat man’s whoie aim and destiny 1s bound up in that lile Which closes mthe grave. ‘Three thousand men and Women in the morning and eveamg, we are told, a@ssemble to hear Henry Ward Beeciier treat religion asa whim, a fashion, aS an unceriainy, a8 some- thing yet to be found out, as of to-morrow, and go tarough a sort of operatic und theatrical per- formanege which hovers between the borders of secularism and religion. I ask any candid man who may have heard or read his sermons where, in any of his extemporary prayers, prayer meeting | talks or sermons, has he clearly enunciated a Chris- tian principle, showing a man bow to live or how to dicy Such preaching will surely make imditierent- ists, nonaescript Chrisuans, sentimental pietists and buttermilk saints, extcrnally clean, but internally Totten; butit never can ould up moral and reli- gious men and women who believe with the heart what they say with the mouth, and, like their be living evidences of the faith that isinthem. Mr, Beecher also assumes to be liberal, praising ail forms of Christiauity, not even except- Jug Caihonclsm; but this only proves his imdiffer- ence or infidelity. Rather give me old Lyman Beceher, his fanatical, Presbyteriap father, who, | with Avexander Campbell, thirty years ago, in Ouio, | Wied to hunt down Povery and Arcubisiiop Purcell, than itsson Henry, talking soit and sweet of the old Church before & Puritan andience. Protestant ism is bad enough, but modera Puritanism ts ouly heathenism, pure and simple. boston, with bat few exceptions, 18 a3 much a heathen city as was Athens when Socrates was put to deach for asserting the existence of another world and suture rewards and punishments, But the imiidel rabble in New England and elsew ere swing Incense before Mr. Beecher—go down ot their knees and worship this modern golden calf. It is said, however, that he uses iheuirical power in delivery and appears for the moment eloquent; put, if his oratory is to be judged from publ sermons, then as an oraior and preacher he is not to be Spoken of the same day with Wiham Ellery Channing, nor does he possess the spontancons and felicitous eloquence of Chapin, nor the ornate grandeur of Robert Hall, | nor the moral sublimity of Cualmers, nor that im- | passioned fire and unction of Whittield, nor any of | the meilifuous rhetoric of Thomas Starr King, but he bursts out now and then in & powerful but forced effusion, succeeded by @ rhapsodical and abrupt monologue, runuing at length into a gilb-glab gar- rulity, and only relieved here and there by an eccen- tric ‘lustration and smail-potato witticism drawn irom Yankee and Puritan lite. 1 hope, 10 conclusion, that Mr. Beecher will change his course and become @ Christian brother. WESTERN CATHOLIC, Roman Catholic Intelligence. The Tablet of this weck furnishes the following items of ecciesiastical intelhgence:— At the invitauon of the Archbishop of New York, the Key, Dr. Arciga, Archbishop of Michoacan, Mexico, held an ordination in the Church of st Francis Xavier, in this city, on the lith, léth and 17th December, On the i4th Mr. Peter O. RaciCot, 58. J., was ordained sub-deacon; on the 16th the same reverend gentleman was ordained deacon, and on the 17th he was promoted to the pricst hood. On Monday, 19th of December, the Archbishop of New York held an ordination in the Church of St. Paul, Ninth aveuue and West Fifty-ninth street, and ordained sub-deacons:—Messrs. William J, Dwyer, Francis A. Donahoe, Benjamin D. Hill and George M. Searle. On Wednesday, 2ist December, his Grace held in the same church another ordination, at which we above named reverend gentlemen were ordained qeacons, At the same time Messrs. Edward B. Brady and Andrew F. Byrne received tonsare, and Messrs. Augustuine M. Brady, Adrian Lewis Rose- crans, Thowas Robinson and Walter Elliott recerved minor orders, The Archbishop administered the Sacrament of Coniirmation on Friday, 23d December, in the ciapel of the Convent of the Sacred Heart, Mannattanville, to forty persons, thirty-seven oi whom were pupils of the institution. On Wednesday, 2lst December, solemnly biessed in St. Ann’s church, Kignth street, four new beils, which have been placed and are now in use in the new St. Ann’s church, East 'Twelrth street, near Fourth avenue. On Friaay, s0ch December, the Archbishop conse- crated the alter of the new church. His Grace was assisted in these solemn ceremonies by several clergymen. the Archbishop A Palpable Hit—Horace Gree His Bad Habits. ‘The Odserver retates the following humorous in- cideat, in which the philosopher of Printing House square is made to figu Atatemperance meeting held in this city a few days ago Horace Greeley made an add In whieh he took oceusion to censure the clergy for a want of igithiuiness in rebuking the vice o: intemperance. | He said they were often catied upon to pronounce funeral discourses over the remains of those who had been addicted to this vice, but they are always apd One of | sileut on this point, while all ‘the virmes | of the sed are made the subject of | eulogy. Dr. William = Adams — fotlowed | with a { speech, in which he said that | he had the frivune often and had secn | obituary notices Of many eniinent persons Ja 1t, but | -had never observed that tncy were on the principi¢ | prescribed by Mr. Greeley for the clergy. And ne a also bear wituess that the clergy ate not as reticent on the vi of tne departed as Mr. Greeiey | had intimated. fe knew ministers who always spoke out distinctly on such o¢casions—one in par- | Ucular he could mention. A Connecticut pastor, at tue funeral Of One of the prominent people ef the town, remarked, “Ie was a good citizen, as you all know; he was 20 honest, npright offlevi; but, my friends, lam sorry to gay be Would swear.” This palpate but quite malutentional hit was instantly | appreciated by the audience, aud if Mr. Greeley was noi asieep at tue time lie probably determined to let the clergy aloue until be leaves of swearing, Strevgth of the Methodist Church in 1870, The following official statisucs represent, the strength of the Methodist Episcopal Church in this country at the present time:—in the North the total number of members is 1,367,124—an inerease over 1869 of 63,196; number of churches, 1,825; value of edifices, $52,614,501; Rummber of par- sonages, 4,179—vaine, $7,293,513; number of Sabbath schools, 16,912; teachers, 189,412; scholars, 1,221,293, nse of the Mission, area chapel and public reading TOW, & COsey Dasvor’s sancum to the lest of the J The pumber of members in the Southern States is about 159,000—an incréase of 10,000. ‘The increase of Methodist churches tg the capniry during 3870 generally find in their pages “Henry Ward Beecher | has been an average of over four for every work- ing day 1m the year—an unparalieled rate of progress, ) Religt: Notes~Personal and General. The Odserver says that one of the most prosperons years it ever had has jnat closed, ‘The Independent 1s proiusely illustrated this week. The new management 18 evincing considerable en- terprise. ‘The week of prayer opened on Monday (although it was observed as New Year's Day) with a large attendance at Dr, Adams’ church, on Madison square, The meetings will be held at the same place every day of the week at three o’clock in the afternoon, ‘There 18 unugual religious interest in the Congre- gational and Methodist churches in Williamsburg, Mass. Heichertown, in the same State, is moved throughout, The Allen Mission in Portland, Me., is spiritually revived. Considerable religious in- terest has been developed at Canterbury, Conn., un- der the preaching of Rev. R. 8, Underwood. An adjourned meeting of the elders of Chemung Presbytery was held at Watkins, N. Y., on Tuesday afternoon, December 27, W. . Jackson, of Ma- vana, presiding, and Orrin Robinson, of Elmira, clerk. Over a dozen churches were represented. The Engiish Lutheran church of Alleghany, Rev. J. Goettmann, pastor, have secured a lot 120 by 60 feet, at a cost ol $10,000, on one of the principal ave- nues of the city, on which it is tended to erect a $40,000 church edifice, Tae Roman Catholic laity of the Province of Que- bec have drafted an address of sympathy for the Pope and a protest against the occupation of Rome, ‘There 1s talk Of inviting his Holimess to take up his abode in Canada. The Women’s Christian Assectation of Utica an- nounces that it “alms to improve the physical, in- vellectual, moral and spiritual condition—particu- larly of young women who are dependent on weir own exertions for their support.” For the first time in the history of the country the President ef the United States has been called as de- fendant in @ civil case in Washington. As one of the trusiees of the Metropolitan Methodist church, he, with the rest of that body, 1s summoned to pay @ bill claimed to be still due to one of the contractors for the erection of the church, Dr. Batler, of the Lutheran Church, 1s building a memorial church mm Washington city, General Spinner, Treasurer oi the United States, in sending ab ollerimg, say: “One-half a thank offering for tue deliverance of the land from slavery, and the other in honor of the honest, noble reformer, Dr. Mara Luther.” The Richmond Religious Herald thinks that the Baptist Hducation society should take no young men under its patronage but those who will promise not to marry “or a reasonadle period,” as marriage engagemenis involve an unwarranted expense and are likely to tempt thein to “partial courses.” As the result of the conferences held in Boston December 21 and 22, the Congregational churches are henceforth to hold a stated national council, the object of which 1s to improve the substantial unity of the churches. J. M. Pieis, late of Philadelphia, left $1,000 to the Germantown Lutheran Orphan Asylum, and $500 to St. Paul’s German Evangelical Latheran church, He the benefit of the neeuy old men of the congrega- on. It ts said that a member of Henry Ward Beecher's church has just given $10,000 to establish ‘the Beecher lectureship” in Yale Theological Seminary, Mr. Beecher is expected to give the irst course, Since the month of November the Italian govern- ment has ceased to pay to the Jesuits of the Roman College the 1,000 scudi monthly which they have previously received, A Methodist layman in Mackinaw, Micb., has of- fered 25,000 acres of land towards the er: ot Meihodist University in the northern pa State. The “Dunkards,” who, ft is said, have long been opposed to ail systems of Itberal education, have re- ceutly estadiisned a college at Bourbon, lad. Articles of association were adopted at Duxbury, Mass., December 2), for the erection of a monument To Miles Standish, on Captain’s Hill, in that place. Wesley Smead, who founded the Widows’ Home in Cincinnati, sent 10 $5,000 recently, on his seven- tleth birthday, making his total contribution $37,000. The vacancy in the pastorshtp of Plymouth church at Faribauit, Minn., occasioned by the resignation of Rev, J. W. Strong to take the Presidency of North- field College, has been fliled by Rev. C. M. Wiluains, of Austin. Alife size statue in marble of Rev. Dr. Bethune has been completed at a cost of $15,000, contributed by his iriends aud admirers, and is te be placed in the Brooklyn Historical Society Rooms, A minister in Wisconsin preaches for $400, and takes lits pay in trade. His cash receipts on salary last year were less than $14. LOPEZ, OF PARAGUAY. Will of Marshnl Lopez in Bebalf of Mrs. Lynch in the English Courts. Lonpon, Dec, 29, 1870. In the Court of Probate at Westminster to-day, before Lord Penzance, Judge, tne Queen’s Advocate fyplied for administration of the will of Marshal Lopez, on behalf of Eliza Lynch, the reputed mis- tress of Lopez. The learned counsel stated that Lopez made his will in December, 1868; a copy was taken by a notary and duly authenticated by the Chargé d'affaires in Paraguay, avd that copy, being the only one ever taken, Was now 1n possession of Mrs. Lynch. Lopez caused the original will to be deposited in the archives of the then capital of Para- guay; but those archives and the will in them were destroyed during the war. The will was executed ‘at the headquarters of the Paraguayan army. Lord Penzance observed that there are the names of two English people attached to the wiil, and, before he ‘was asked to grant probate, afildavits from those persons ought to be produced or from the next of kin, The Queen’s Advocate said he was not aware that Lopez had left any next of kin behind him. He had no wile and no legitimate chiliren. There was e@ramor that le had a mother somewhere or other, but it was not Known where, Lord Penzance said he understood that @ caveat nad been entered. Tho Court would require altidavits to show that a wiil had been executed before it could grant probate of it. The Queen’s Advoc te said that search would be made for the persons who witnessed the will. DEAD WAIFS. — The An Appeal Stronger Than Words in Belulf of | the Foundling Asylum. New York emulates Paris and London not only in their splendors and follies, but in their most hideous and disgusting horrors. Side by side, however, with these the most noble charities are reqred, and one no sooner turns sick at heart from some revolt- ing vice or crime than he 1s comforted by a vision of the purest self-sacrifice. Among the worst horrors which hase become familiar is the abandoument of infants, one or more of whom are found every night by the police in some vacant lot, alley way or ash barrel. Yesterday a male chiid was found dead. inan alley leading toa siable in the rear of 126 Cannon street, by Jonn Henshaw, of 149 Cherry streei. The child had apparentiy been aban- doned while living, ‘The remains were taken to the Eleventh precinct station house. The police of the Sixteenth precinct, at apout the same time, found a newly bory babe concealed in a box which had been left in the doorway of 315 West Seventeenth street. The police in both precincts are making every effort to discover the parties guilty uf these inhuman murders, but with little hope of success. In the meantime these facts of daily occurrence make a voiceless appeal in benalf of that great charity the New York Founditns Asylum, under the charge of the Sisters of Charity, which, receiv- ing infants without questions and caring for them without Cosi, has been the ineans of saving more than one hundred lives each month since its jounda- tion. Tis, too, proves the crime of child-abandon- ment and murder as uanecessary as it is brutal. JOURNALISTIC. NOTES. The Sunday At/as 1s out in a handsome dress. The Jron Age, which makes market reports and quotations a specialty, appears this week consider- ably enlarged and improved, A new democratic organ, called the Ledger, ia soon to be started in Louisville, Ky. The Sunday Morning Chronicle is the ttle of a new Washington weekly, to be conducted by the younger Forn it has no connection with the daily Chronicle, trom which the Forney tamily have reured. Colonel Forney can now refer to his “two papers’’—one daily and one Sumilay, Sam Houston, eldest son of the oid hero of San Jacinto, is editor of the Georgetown (iexas) Watch- | man. The Fall River (Mass.) Monttor is to be at once enlarged by tie addition of an entire column to each page. Mrs. M. B. O. Siade is to be a regular con- wibutor. The Millennial Harbinger, a publication estab- lished by Bishop Campbell at Panhandle, West Vir- ginia, ubeut iorty years ago, has been discontinued, The Tolland county (Conn.) Journal, edited by Mr. J. A. Spalding, has been enlarged, Waldo M. Potter, late editor of the Saratogian, as bought an interest in the Omana Kepublican, Ali sorts of rumors about buying and seliing and starting new papers are floating around San Fran- citco. Harry George, It is said, Will soon start a new paper; Barnes, of the sMorning Cail, is reported 1o be meditaung a new journalistic enterprise, and the bloated capitalists of California street are also said to be collecting a fabulous sum for a new, fist class paper. The Cai! says tue Chronicle 1§ Jor ele; the Chronicle‘says the Bulletin proprietors are 100k- ing for a purchaser. and ragnor has it that the 44a 1s in the markey. . THE CRIMINAL CALENDAR. A Batch of Counterfeiters Sentenced. A Singular Record of Crime and Its Punish- ment —Plea of Insanity in the Case of Colonel Clarke. The United States Circuit Court, in Champers street, presented yesterday @ scene not often wit- nessed therein—the sentencing of a number of par- ties previously convicted of the crime of counter- feiting the currency of the Unttea States, a pro- ceeding which Uncle Sam has a great objection to. There was involved in the judicial proceeding a cir- cumstance which may propery be referred to here, Some tme since—for such political purposes as were all satisfactory to the then administration—a new United States district was added to the then existing jurisdiction of the federal courts of the State, making, in addition to the Southern district of New York, an Eastern district, comprising Brooklyn, Queens and other counties attaching thereto or having admiralty and other federal relations connected therewith, The JURISDICTION OF TUR JUDGR OF THE EASTERN DI9- became lately a question of appeal to the pre- siding Judge of the circuit, Judge Woodruff (in the absence of Judge Nelson). Judge benedict, of the Eastern district, had tried and sentenced several offenders m this(the Southern) district, and one of the astute lawyers of the court objected to the jurisdiction thus exercised by Judge Benealct 12 the matter. The result was, in the first instance, an appeal to Judge Woodruff and his overruling the objection, and next the interval which has trans- pired between the day of trial and conviction of the pariles named below and their sentences yesterday. The rightiul jurisdiction of Judge Benedict to hold court in the Southern District was upheid, and yes- terday the men tried before him during the November term last and convicted were brought up for sen- tence, THE COURT ROOM. Rarely in the United States Circuit Court was there such a large crowd of prisoners awaiting their passports to the Penitentiary. There were boys and old men; soldiers who had served their country well, and in their declining days found themselves standing atthe bar of justice as convicted felons, It was pitiable to see in that crowd an aged oflicer who had ied a regiment during the war, aud it was equally pittable to listen to the murmurings of one who, having served his country well, feil into teup- tatien, iansgressed his country’s laws and had to suller the penalty. THE CASE OF COLONEL CLARKE was the absorbing case of the day. The prisoner, a tall military-looking man, of middle age, but with a bright, piercing eye and full, gray mu he, was tried and conyicted of being largely engared in the manufacture and sale of counterfeit money and counterieit revenue stamps. The greatest exeruions were made by Influential frievds to shietd him from the punishment awaiting him shouid he be found guilty, and since then in warding off that punishment, Jt was in his behalf that coun- sel objected to the jurisdiction ot the court referred to above, and which was overruled, All the facts connected witu the case appeared in the HERALD at the tine of his arrest, and on his trial yesterday he aid not appear in the least affected, but conversed cheerfully with one of his feliew prisoners during the proceedings. occurred recently which went to show that tue pris- oner WAS OUT OF TIS MIND. He had suid things to the detectives which he nad never mentioned to his counsel, and which he after- wards contradisted. He had also written letters to the detectives, in which he had made the mo-t ex- traardinary adnussions. Up to a late period of his life he had been much respected, but, uniertunately, he had contracted HAMITS OF INTEMPERANCE. ‘The counsel woul! not say on his own responsibil- ity that Colonel Clurse Was not right in bis mind, but he felt an investigation ought ‘to be made into his condition. He had attacks of epilepsy while in prison and had communiezted with Colonel Whitly without the knowledze of bis counsel. Kor these reasons counsel moved that a jury of physi- Cians be appointed to investigate the case. District Attorney Davis tacitiy acknowledged, by not giving his admissions in evidence, that there was SOMETHING EXTRAORDINARY in the case. The Judge said that the application was &@ most unnsual sne, but he would, he added, take the suggestion of respectable counsel and suspend the sentence until next Saturday, Im the meantime he would chovose out three physicians to inquire into his state of mind, bus tie prisoner must make some provision to de‘ray ine e: MEDICAL Counsel, in asking if the physicians would be al- | lowed to hear the evidence of others, said that the prisoner had to be held down In his bed by other prisoners at umes. ‘The Judwe decided to leave the physicians to take their own course are NOTHER MAD COUNTERPEITER, James Fitzpatrick, a wild looking fellow, who was evidently an idiot, was then brought up to receive sentencé for passing a countertelt bill. He inter. rupted his counsel and the Judge at every word, and it was most pitiable to beheld the looks of agonized appeal which he cast from time to time on the District Attorney. His whole behavior indicated that he was beret of his senses. The Judge, how- ever, stated that his attention had been Catled to the case by the District Attorney, who had informed him that a medical examination had been made into the man’s condition, Notwithstanding this exami nation the District Attorney still cailed for sentence, and he felt bound, therefore, to sentence him to three years in the Kings County Penitenuary, with a nominal flue. c SENTENCED. Peter McClusky, an intelligent looking lad, was sentenced to four years, and Willlam Johnson, who received an excellent character, to twelve months In the county jail. David Brownly, the beau ideal of a Southerner, was sentenced to iwo years yucens County Penitentiary. In the case of the assian, Alexis Nicholas, the counsel for the pi soner moved for a new trial, and the Judge sus- pended sentence until Saturday. As the court closed the poor idiot was heard to shout that “he had been to the wars.” John Kowden, for passing counterfeit money, was sentenced to eight years in the Qounty Peniten- tiary, with a fine of one cellar. On hearing his sentence the tears weiled up lato John’s eyes, and he, no doubt, mentally cursed the day ie ever had anything to do with the queer, Michael Monahan was the next called up for sen- tence. Judge . enedict remarked that the prisoner Was & most intelligent man, and must have well known the enormity of the odence which he nad comuitted. For these reasons, lie said, he would pass on him A HEAVY SENTENCE, namely, five years in the Queens County Peniten- tary, with a fine of one dollar, Willtam Dwyer, @ iandsome young fellow, next appeared in pudlic, The Disirict Aitorney said that he had been intormed that this'prisoner was only the utterer of the base money which Monahan, the pes just sentenced, had supplied. The Judge, in consideration of bis not being a principal in these nefarious transactions, passed on him the mitigate: sentence of four years hard labor in the King: County Jail, with a fine of one dollar, William Morton stood in the same position for the same offence. He had pleaded guilty and saved the government. THE EXPENSE OF A TRIAL, and for these reasons Judge Benedict sentenced him to four years hard labor in the Kings County Peni- tentiary, with a uominal fine. James Gardmer, a re- spectable looking, well dressed ian, then nervously took the stand before the bench. He appeared to be extremely excited throughout the proceedings, and it was with evident reiier that he heard the Judge say he would postpone his sentence uutil next Sat- urday. ‘This closed the record, and the Court adjourned, CRIME IN BROOKLYN. The Water Street Burglar Dying of His Wonnd—Probable Homicide—The Atlantic Street Car Shooting Affray. ‘The conditien of the Water street burglar, James Irving, Who was shot in the back by one of his con- federates on New Year's morning, was yesterday reported as very critical. He 1s lying at the City Hospital, and sinking rapidly. The wretched man, it will be remembered, broke into the coffee and spice mills of Arbuckle & Co., Water street, in company With four others. The gang proceeded to break open the safe, which they did, but found no money. While endeavoring to make off officer McCarty, of the Second precinct, bravely seized one of the fellows, and a scufie ensued between himself and his prisoner, Irving, the latter endeavoring to extricate himself from the clutches of the officer. While thus engaged the courades of the burglar fired three stots at McCarty, one of which took effect in the back of Irving. The latter was conveyed to the York street station house, and there, during the day, belleving that he was mortally wounded, he made a statement in the presence of the District Attorney, Police Justice Walsh and Captain McConnell, which information led to the arrest of three ‘of his ‘pals at “Jersey Jim’s,” Bowery, New York. The precious trio are now in the Raymond street jail, while their less for- tunate comrade lies dying at tae hospital. The pri- soners at she Jaildeny any acquaiutanceship with Jrving whatsoever, They are hard looking custo- mers and thelr features are unfavorably known to the police of New York and Brooklyn. The fifth member of the gang engaged in the burglary 18 aul) His counsel said that things had | aa a nh tik A Am Wi a a NT Rg a a aera at large, thongh the authorities are “sharp” aftes THY FERRYROAT FRACAS, On New Year's nicht an altercation occurred on board one of the Fulton ferryboats, between John Hunter and Henry Usher, & German fellow pas- senger, about some trivial matter in dispute, Mr. Usher fared very badly indeed at the hands or fista of Hunter. The latter beat him most severely about the head and face. Henry, though he: “worse for the wear,” way to his home, corner of in and York streets. Hunter was arrested for the assault upon @ warrant issned by Justice Walsh, but was admitted to bail. Yesterday the case was called for examina- tion, when it was shown upon, the certificate of a physician in attendance upon Usher, that the latter ‘was in a very critical situation, second hemorrhage having set in. The accused, who was then refused bail, Was committed to the Raymond street Jail to await the result of the injuries inflicted. THE ATLANTIO STREET CAR AFFRAY, Justice Delmar yesterday committed Patrick Dunn, James Murphy, Charles Hagerty and Ba. ward Lynn to await the action of the Grand Jury. These young men were charged with following William Hall on board one of the cars of the Atlantic street and Fifth avenue line one might ta December last and with assaniting him ina brutal manner. John Rourke, deceased, was ofthe party, Mr. Hall was very badly beaten by the gang, and while lying on the floor of the car receiving fearful punishment he managed to draw a revolver from his pocket and to shoot one of his assailants, Rourke, ‘ve latter was taken to the College Hospital, where he lingered for two or three days and died, The parties above named were arrested by the police of the Third precinct, and ae dealt witn according to their merits, ne joubt. THE COURTS. UNITED STATES SUPREME COURT. The Bank of Louisiana in Bonkraptey. WASHINGTON, Jan. 7, 1871. No. 218. P. H. Morgan et al., Commissioners af Bank of Louisiana, vs. John Thornhtid et ai., Pete tioning Creditors.—The appeal ts tnis case ts taken from a decree of the Circuit Judge of the Filth Judi- cial Circuit, exercising specialyjurisaiction under the twentieth section of the Kankrupt act; and motion is made to dismiss it because the decree appealed from was rendered by virtue of the special power con- ferred on the Circuit Coui't to exercise “a generak superintendence of ali cases and questions arising under the Bankrupt act to be exercised in term time or vacation;” from which clas of appeals, it 1s insisted, no appeal lies. It is also urgea that the de- cree is nota final decree, and that no appeal Hes from it on that account. A final decree is rendered in court, and the decree in this case was rendered out of court, and is, therefore, Interiocutory, ane commissioners of the bunk assert that the orde (appointing receiver) has divested them of the assets confided to their care by ajudgment of the State Court, in advance of the msutuaon of any proceed- ings in bankruptcy, aud they insist that the proceed. ing ts in violation of law, and ask that pending their appeal they may be restored toth control of the altairs of the bank. ©. Qushing for the motion to Gisiniss. P. Phillips opposed, BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. Interesting to Militiameu—Decision Against Exemption from Tax. ‘ Betore Judge Pratt. Gustave Froetich vs. The Board of Assessors of thé City of Erooklyn.—Judge Prati yesterday rendered the following decision in this case:— This application 1s made to compel the Assessors of the city of Brooklyn to allow the reiator exemption from taxes on an assessment cf $500, The relator states he became a mem- ber of the National Guard in this county in 1858, and served faithfnily eight vears until 1866, When he was honorably discharged. The military code of 1870 repeais all exemptions other than as specified therein, and does not continue or spe- eify the exemption claimed under the code of 1362 and previously. Whatever my individual opinion may have been, my decision on this application must be governed by that ui the Court of Appeals in vol. 35, New York Reporis 629 (The People, &c., vs. Roper and others, assessors of the Vity of Utica) in which case a similar exemption was claimed, and the Court of Appeais decided agatnst the claim, holding that the provisions in the military code formerly allowing $590 exemption after seven years? service being repeal, the repeal cut off exemption for the past 28 well as for the future, and that the Legisiature had powersotodo. ‘fhe decision of the Court of Appeals must be followed by me, aud accordingly the application of the relator Is denied, without costs. CITY COURT. A Lawyer After His Fee. Betore Judge McCue. Michael Farrett vs. Robert Fictcher.—The ptatntift was employed as coackinan by defendant, and sued him for an assault and battery. A settlement, how- ever, was to be made, bat Farrett’s counsel, Mr. Sanderson, not having received his fee, aid not relish this proceeding and the case was tried. Far- rett appeared very reluctant to give lis testimony, and the jury di ed. The case was put ou tial the second time, and no Farrett put 1a an appear- ance, whereupon he was produced on au attachment ce the trial proceeded. The jury found for defen- ant. Yesterday the case came up on a motion to have plainuf punished tor contempt of court in not hay- ing obeyed the subpaena issued on the second trial. Mr. Sanderson alleged that there was a collusion between Farrett and Fietcher to defraud him oat of his fee, Counsel for plainttf contended that an ate torney was the servant of his cilent, that plainug had a right to proceed with or abandon his case, and further, that the only remedy Sanderson had was ina civil action. Decision reserved, SURRGGATE'S COURT. Wills Admitted, Etc. Before Surrogate Veeder. During the past week Surrogate Veeder admitte& to probate the wilis of Catherine N. Irwin aud Cath» erine H, Sproal, Letters of administration were granted on the estates of Eliza Hoitmeyer, Card Harmas, John Mulvey, Bridget Gill, Thomas Newman, Platt Powell, ied Henken, Ralphs. Senior and Barbara Del- ner. ‘ Letters of Guardianship of the person and estate of Caroline Connell were granted to Charles M. Whitney; of Francis H. Newcomb to Augustus C, Neweomb, and of Eliza and David Hodman to Jon Nehrbas, SOUTHERN RAILROAD CONVENTION, Southern Railronds Waking Up—Fast Time Between New York and New Orleans. RicHMOND, Jan, 7, 1871, The Railroad Convention, just adjourned, at Augusta, Ga., has agreed upon a new achedule, which will make tho time between New York and New Urieans seventy-seven instead of ninety-six hours—the present time—making a saving of nine- teen hours for through passengers, to take effect the 22d inst, The Richmond, Fredericksburg and Potomac, and the Bay route, via Norfolk— a@ combination which monopolizes the travel north and south—are opposed to any change of schedule; but a committee has been appointes by the convention to confer with the President the Fredericksburg ana Bay routes, and ask them, to make the necessary arrangements, so that pas- sengers Will not be subjected to the inconvenience of delay, either in Washington or Baltimore. If they do not consent a thorough and _ uninterrupted travel will be estab.tshed with the Chesapeake and Ohio Ratiroad, by which the delay at the national capital will be avoided. Since the interruption of travel by the Fredericksburg route, on account of ice in the Potomac, the Chesapeake and Ohio Rail- road has carried the mails, express and ail through passengers. A-NEGRO HUNG BY UNION MEN iN KENTUCKY. (From the Paris Kentuckian, Jan. 4.) On Friday morning last Mrs. Martin, residing about four miles from Oynthiana, near the Millers+ burg pike, while standing in achatr, washing the Blusses in one of her windows, was approached irom behind by George, a negro nan who was ein- ployed by Mr. Nelson Martin as a farm hand, The negro seized Mrs. Martin and attempted to violate her person, but the horror of her situation, instead oi unnerving her, seemed to endow her with super- human strength, She did not faint, but fought the villain with might and main, at the same time begging and pleading with him to desist, offering him a fine suit of clothes, aii the money she had, and indeed anything at her command. But he persisted In his hellish attempt, and his intended victim continued her struggles, aud maklug one mighty eifort succeeded tn freeing herself from the clutches of the gallows-deserving scoundrel. Find- ing herself free she ran with the speed of an ant lope to the house of the nearest neighbor, Mrs. James Victor, a widow lady, some half a mile dise tant, arriving breathless and almost in a nude state, the garments which still remained on her person hanging about her in shreds, the greater portion having been torn entirety off in the derce struggle. As soon as she could command her voice she told the story of the attempted outrage, when Mr. Alex- ander Victor immediatety started out, giving the alarm, and the entire neighvorheod turned out for the search and scoured the country day and night, and the villain was captured by Mr. Wilham Veach, brougnt to Cynthiana and lodged in jail Saturday evening. About ten o'clock saturday night a gang of men, about Mfty in number, disguised themselyce and repaired to the jail and demanded the prisoner, Upon the jatior’s refusal he was overpowered and the negro taken to atree near the graveyard and hung, neither acknowledging his guilt nor protest- ing his innocence, It cannot be said that the hang. ing of this negro was the work of “rebel Ku Klux, for the majority of his executioners were Unon a fad the verdicts by‘ all is “Served tum