The New York Herald Newspaper, January 11, 1871, Page 8

8 THE COURTS” Important Question as to Receiverships and th Right to fue by a Foreign Corporation—A Case in Admiralty—Interesting Question in Bankruptcy — An Old and Queer Case Reaching a Finelity—After tho Telcgraphers—Businecs in the Court of General Sessions. UHITED STATES CincuIT COUaT. Recetverships ard the Right to Sue by a Foreign Corporation. Before Judge Blatchford. Fhe Manwiacturers’ National Bank of Chicago va, Bhoard Barch and Etward Baach, Jr.—The dill in ‘Mle case describes the plaintiffs as the Manutac- ‘Warers’ National Bank of Chicago, Niinois, a banking corporation incorporated and existing under an asotof Congress of the United States, and having Sas to sue under the above title the same as a m of the State of Hinois, dome basimess i Chik M Wat state, ‘Tie deiendants are citizens the State of New York, The piainudy moved jor appointment of @ receiver in the case and au chon. e citizenship ef the defendants was denied and ihe qucsiion was Wiether thé court juriadiction of the suit. Cnder the decision In the ‘case of Osborn ys. The Bank of the United States (vth Wheaten, 735), such a sult 18 a case aris- img under a law of the United States witiln the meaving of the constitutien, the bank betug ince! porated by a law of the United States, and it is coi nt fay Congreas to confer jurisdiction over it in federal courts. Afier a jengthened opinion (he cae holds that the averments oi the bul are puill- clent to show that the court has jurisdiction ef this suit, and that the platnttifs are entilied to the re- Celversiip apd injunction asked for in thelr Lil, Before Judge Woodrati. Bliza Wells, Administratriz, o&e., vs. Henry B. Janques, et a!.—Verdict of jury for the platntif’ in the sum of ¢ UNITED STATES DISTRICT COURT~1i ADIAIRALTY, Important Collision Case. Before Judge Blatchford, Wiliam Ives et al. vs, The Steamship Ham- monia,—This was an action to recover about the sum of $12,000 for the logs of a bark, of which the Ubellants were owners. The bark, it was alleged, game into coiiision with the Hammonia, one of the Germaii line of steamers, at sea, ina fog. The bark was almost cut ip tio, ands e sank immediately, rk, ‘The jookout mai on the who was blow: fog noe: was dest It was contel ea ont pare t ‘the libellants that the steamer was going in the fog at ber ary rate of speed. ae fe te ead by the W of the steamer. Counsel for the Semone fi wit Was te pence on the ut bark’s Jook out to blow tie fox hort At all, th ‘Was his duty to conting himsel! éxclastvély #0 160) nt, and that ashort time before the coliiaion the captain of the bark had been reading a newspaper. The evidence on both sides having closed, counsel eee, Tespective parties summed up, Deeision re- UNITED STATES DISTRICT COURT—1) BANKRUPTCY. Can the Relative of a Baskrupt Ee an As- sigoce of the Bankrupt’s Estate. Before Judge Blatchford. an Me Matter of William @. zim, Herman D, Aldrich, Jr., John H. Bradley, Thomas Dariing ana John L, Aldrich, comprising the firm of Zim, Aldrich & Co., Bankripts.—This is a voluntary pro- ceeding in bankruptcy, the parties being adjudged bankrupts on their own petition as a firm and ind. vidually. The number of creditors representing rm and individual debis is about sixty. A question was certified to the Judge Ly Register Fitch to the effect that the proceedings had ov the revwra gay of the warrant was mt in com- ginko with the law or practice of the Court; it Ne assignee Was chosen or voted for, and that one Join H. Wymtau is ineligible a» trustee of the estate, on account of relationship will one or more of the bankrupts; and that George ©. I. seaman is imeligible as one of the commitiee of creditors, on ‘the ground that ne 1s not a resident of the soutuern district of New York. in view of these facts the ter appolnted Mr. John Sedgwick aa assignee. fadge Biatenford, in disposing of the question presented to him by the Regisier, approves of ine Appointment of Mr. sedgwick as acsiguee, and states that that yentiemen will take such steps as shailscem proper ip view of the facts set forth in the certificate. SUPREME COU MAL TEAM. An Old and Quetr Case Reaching a Vinniity. Before Judge Van Brunt. Sampson et al., Bxecutors of John H. Baldwin, va. Cecilia F, Wood.—Tiis case came up yesterday for tal. The facts have beeu so frequently published that it is unnecessary to give them in detail. The defendant, it wili be remembered, lived with Jonn L Baldwin, and, on his decease, claimed to be his ‘widow, and, at the same time, eet up aciaim ona \ mote made by him to her in the name of Wood. After his death a letter was found directed to his ex- ecutors telling them not to pay her anytliing (rom his estate if they conid hel; ‘the directors, however, had no easy matter in settling with her, but gave her quite a sum of money and allowed her to retain tme ‘niture of the house; but before doing thts got a release from her of all further right in the estate through right of dower or otherwise, Subse- quently she renewed her claims asto being the widow, and set up iat the release papers she signed Were signed while under the infueuce of opium apd without her free wili and knowledge and under the poe of her counsel, wiuom sie supposed to be her friend, but afterwards discovered, as she alleged, to be in complicity with the piaintiis, Tho salt brought by the pialutiffs to enjoin her from farth ny er claus on the estate has been re- befere the courts. Tne tain issues were ether she was the wife of the deceaséd and whether she did not know the purport of the release papers when she signed them. She fatled to appear esterday when the case was called. The plaints ved the issues and thelr action on tuem, and the foynd accordingly on each of tie issuds. ‘The case will now go to the General Term. SUPERIOR COURT—TRIAL TEAM. Penalty of Pushing a Woman Down Stairs, Before Judge Freedman. Henrtetia McArthur vs, Peter Cassidy.—The de- gendant was charged with throwing piaintit down @ fight of stairs in November, 1863, at the tenement bouse No. 811 Last Thirty-eighth strect, he being the aandiord and she a tenant. She claimed $25,000 damages, There was considerable evidence taken, ———— ‘ moch of which was quite conflicting. A diMiculty oce urred in adispute about a stove, aud, though sue was encienté at the time, ke pi d ber down ® stairs. The jury bronghi In a yerdici of $6,000 damages, SUPERIOR COURT—SENERAL TERM. The Late David R. Floyd-Jones. Before Judges Monell, Jones and Spencer. The Court wae informed by Mr. Henry Nichol of the recent decease of the Hon. avid R. Fioyd-Jones and a brief ewogy pronounced upon the deceased. “Saving graduated at Union College, and having stadied law, be commenced its practice tn this city; 4 Was then repeatedly elected a member of the ; Assembly, and from 1844 to 1847 wag a member of the Senate. For some years he wasa cicrk of thia court. He was @ member of the Convention of this State in 1866, Retirlug to his native place in the country, he was alterwards a member of the Assembly irom Queens county, In 1390 and 186) he ‘was Secretary of Siuie, and tu 1863 aud 140s Lieuten- aut Governor of the State, . Disuingulsnod in all his panic oMces for conrtes: of mauner, for integrity ef conduct and for (he ably end faithful perforuance of his duties, uusentry of record in remembrance of bim is aue alike to the eharacter of the man and the court 1 which he Jong fillea an important piace. * Judge Monell foliowed in a few remarks, in like manner complimentary of the deceased, and the rt thereupon, out of respect te the memory of deceased, adjonrned. ‘ KARINE COURT—PART 2. After the Tclegraphers—Action for Damages Arising from the Nou-Transmission of a Telegram. Before Judge Gross, J. B. Chichester vs, The Wealern Union Telegrapn OComparny.—Tiis action was brougnt to recover the sum Of $0 for negiecting to transyilt a despatoh. Jt appeared that the plaintuim, white in Franklin, Pa., entered into a conditional arrangement with the president of the gue company 01 that town to render wome services for the company as gus enginoer. The plain returned to New York and awaited » reply from the president of the cempany as to whether he bad ontertained a favorable view of his (the tus) vropositions, Alter some time ved a despatch Was sent b; the pi it of the com! to whe plaiutii ‘aph Company, to the that he bad entertained t tie Plaintii’s pro- and offered him an engagement at a month. The plain on receipt of the despatch ‘wrote on the back of the despatch a reply aovepting tothe preasenger ‘of the teloghaph company wiih compan ‘@ etrics sanction to have it forwarded tinmediately. On te wing morning Wie plaints? called at the oftice of the cvlupany abd inuuired if the despatch Was Wauamiited, Wiel We operator informed Dim thatyit was, and had reached ita destin: 01 company, but, mn Lg ted 0 Fe ply, he telegrapped Loe eg d through au- other branch of the ion Tel pany, In answer to wich he ved @ letter from tne preaklent of the compal atiug he had re- ceived no from him, and, couseauently, had Made an engagement With avother party to il the oxition which was offered the plaiutt. The present sult was brougut to recover two months’ salary an extra expenses, the amount he elaine he woul hat d but for the negligence of the teie- staph The receive, company. detente set up was, fi that the plaintiff had ‘not patd for the mapegs, and, secon, that he not complied with the bylaws of the company. which are that all despatches sent iow transmission shail be written on the printed forms of the com- pany, The Court charged that the message, which was the ground of action, was written on paper sent from the defeadant’s office, and tint 1t was for the jury to Say Whether the plainti® observed the seve- ral condiviens of the company which were printed E the paper; that had ne noticed the copuditions when he wrote the message he could not recover. Verdict for pialntiff m the sum of COURT OF GENERAL SESSIONS. Before Gunning 8. Bedford, City Judge. A DESEXTER FROM THB ARMY ROBS 4 QUEST AT A HOTEL—JUDGE BEDFORD BOUND TO PROTRCT MOLBL PROPHIBIORS. There was an important conviction obtained yes- terday in this court, a man named Michael Cun- ningham, ullas Brown, having been tried,and found guilty of stealing a gold watch and chain and three coats on Christmas Day from a room in Smith & MeNell’s Hotel, No. 199 Washington street, Tne pro- perty belonged to Mr. Johan O. Kalser, who was a guest at this establishment, and stated that he valued the Watch and chain at $100 and the clothing at $88, From information which he recetved the complain. ant, accompanied by the clerk of the hotel anda detective, proceeded to the residence of Mr. Coombs, at Kavenswood, L, 1, upon the Tuesday followlag, aid found two of the coats LY Ounuingham’s pos Session, which Were positively ideniied by Mr. iCauser as his property. My, Mointyre, the clerk of the hotel, testified that the prisoner came there on Saturday night and regis- tered bis name as Wiiliain A, Brown, Cleveland, Onio; and that after he was formed by Mr. Kaiser of the loss of his property he procoeded to bis room and found a wash list on the floor sigued by brown, which, on being compared with tue signature on the regisier, corresponded cxacily to 16, An over- coat was also found under tic bed, which a gentic- roan who travelled from Budalo with the prisoher stated looked lukc the one he Wore on the The accused Was brougut back to New York on the jem boat, aud during the passage W538 seen to drop akey uuder the seat, wiich thé onicer plexed up. Cunningham, alias Brown, bad 80 Weak a memory a8 Lo forget Lo go to Lhe office of the hotel previous hilg Serartare pa demand of the cierk, as did Mr, NAR iid, “the demuition total,”? and aiso failed to keep his promise that he would return that night, iteer meoman, fa made tne oo fen Het Yingiam told diserent stories about how he Shit akg potash of be oobi = fiael Cunninghaih went upon the stand ana avo u roundabout story o; bis A voluntarily stat ng ibat be was a voluntcer in a New ee caval regiment, and having ecrved his term in i posi- tion ¢nlisted in the regular army; but upon the regiment belng ordcred to go tg ‘Bontana he dis- liked the idea of serving country outside the bounds of civilization and deserted the flag, That Was tie reason he for entering his namo upon the hotel register as Brown, Wash asked to explain how he caine in possession of Mr. Kaiser's coats he said he bought them at a second hand clowning store in Washington street, and paid twenty-eight dollars for them, Edward Coombs, son of the former em; norer of OCunninghan), testilied that before he enlisted ne used to work for his father, and he (witness) never knew of his taking anything iuat did not belong to lum. And seh apa cross-eXamination, Coombs ad- uutted that a few years ago his father fost a waten, 4nd Cunningham Was suspected of stealing it. ‘Tue jury, Without leavug ther seats, rendered a veraict of guilty. ‘The Clerk asked the prisoner the usual questions previous to the Judge passing sentence, and, although Cunning hata deliberately swpre during the tria! hat he did net commit the larceny, he expressed the hope taat ius Honor would be merciful, as that ‘Was his first offence, Judge Beaiord, in passtog sentence, satd:—I con- cur in every sense of (ye word with the gentiemen who, without leaving (heir scats, rendered @ verdict of guilty, You are a stranger in this city, but I believe from your conduct that you are & profes- sional hotel thief. Hotel keepers aud the theusands of respectable men living m hotels, as long as I nave the power, shall be protected. As a warning to the hotel thieves of this city I shall send you to the State Prison for the full term—five years, CARRYING A SLUNGSHOT, A young foreigner, named Vineent Tachi, wes tied for carryiug @ slungebot; but the felonious possession of tiis instrument not being satisfac. toriiy provéa, Mr. Sullivan abandoned tue case and the Suey rendered a verdict of “Not guilty.” He was remanded for trial upon @ charge of grand larceny, SUSPENSION OF JUDGMENT, Judge Bedford suspended judgment tn two cases, the compiainanté and other witnesses having clearly sausied him that the accusedewere persona of previous good characier and had ver been guilty of crime before, His Honor warned them, however, that it the clemency of the Court was bused they would be sent to the State Prison with- out trial, they having interposed a plea which gives the Judge power to punish them for two years and six months at Sing Slug. The followiog is tue calendar for to-day‘—The People vs. James Gaeland, robbery; Same ya, Peter MoGarrick, robbery; Same vs. Cliristopher Smith, robbery; Same ys. Thomas gat aud Jobn Fa rell, robbery; Same vs. James Christie, burglary; Same vs. Michael Canary, barglary;.Same ys, Mau- rice Golden, burglary; Same vs. James Mc de, e burglary; Same vs. John Gilligan, burgiary; Sawe vs. Henry McDermott, felonious assauit and batiery; Same vs. David Cauill, felonious assault and bat- ters; Same ve. Samuel Whitten, grand larceny; Same vs. Johu Weish, grand larceny; Same vs. Mary Convili, grand larceny; Same ve. Leander Baker, receiving stolen goods, COURT GF SPECIAL SESSIONS. Maternal “Pleadings and Youthful Scxtla- wags-Colored Men Fishting with Razors— Bootand Chandon—A “Sherry” Affair. “The way of transgressors js hard,” says Holy Writ, and there could scarcely bea more apposite application of the proverb than might with trutnful- ness be applied to many of the ‘gents of tho road,” nighway robbers, sneak thievea and general “hard nuts” at the Court ef Special Sessions yesterday. At ten o'clock Jndges Dowling and Shandley occapica the bench, having before them forty-one cases for trial, Among his immense batch of prisoners it was painful to observe the number of youths, VARYING IN AGA FROM SEVEN 10 FIFTEEN YEARS, who nad been “ran in” for offences, some of which would etrike the mind of the public with a sense of horror if the details of their deeds and low cun- ning, more befitting the condition of THE UNTUTORED, LAWLESS INDIAN than the children of a Christian race, were pnb- lished. Indeed, it 1s almost questionavio whether credence would be given to some portions of the outrages and depredations of these Infants of crime, although tn maiy cases the evidence is 80 conciu- sive a8 to be painfully convincing to those who hear tne testimony. {t happened yesterday, as has frequently been tte caso belore, that their parents came into the court : WEEPING AND PRNITENT. realizimg more intensely the position of thelr enil- dren than the chilaren themselves, and ging, hay, praying for a suspension of sentence in their particular cases, and Beormpenied these touching appeals with ® promise that thenceforward per wili give their attention to the moral condition o the miscreants, and they will “never let them ao it again.” ‘There were stxteea cases of this clags yes- terday morning, and in almost every case the samo thrilh aad apparentiy affectionate plea was put forward; tue same promises of care and future do- mestic correction; but, as the Judges remarked, 1t was a strange fact that out of the number belo: them several had previously of on the same ground and for the same considerations that were yesterday put forward. “if,” said Judge Dowlmg, “g boy 1s found to be guilty of crime, and oft of pure respect for lis parents the sentence is suspended, upon the premise of the father or mother that they will pro- Vide against any such acts in the future, it clearly was Devon the pre of the Court to recognize any eecont Tec for clemency tn Judgment. for U& A PARENT CANNOT ATTEND TO IS OHILDREN. and allows tema ourle blanche a8 to the asgocla- tious they May Wish to form, then it was necessary that the State shonid undertake the tsk of giving the chiiuren correction and instruction ta render them Bt for undertaking nonest and reputable avo- cations in the world,” F Another remarkable featare presented 1s the ter- ribie MANNER IN WIOH THE COLOKED POPULATION FIGHT and qnarrel among themselves, Out of seven cases Of assault with felonious Intent the metrament em- ployed waa the razor, and its @pplicauon made either to the arms or across the stomach, Hvery lume a biecding colored man 1g brought into the courts the razor 1s slmost invariably the im- plement, eltuer of offence or defence, employed by one, or perhaps both, of the parties concerned, The drst case of any importance was that of cong Henvesey agaiast Kilen Curran, two hard- WHISKEY-BLOTCARD DAUGHTERS OF RRIN, Hondore assured their Honors that she would ponpn sears Tousen Mise cacse thelr “‘blad to le in & secthing Cauldron. She had been ‘takt @ drop of the id few uighis ago, and cucering a ( Rihcae ty Turd aves nUC—#UE COUId DOF resist the tion of a “n: in the toom.”” While wi fie appy deluaton of into @ state of lous ease, revelling potng: passed in that condition between 6 heavy stupor and @ pleasing em uusness, Ellen not only picked her i lo | but, “silt the shoes’—@ new pair—from er iee! | a ald you get homes” asked the senior magis- ale, (NEW YORK HERALD, W#DNESDAY, “Yer Honor, T went heme fhe, tua teh ay at Soren Pa me C1 bape nid ai ob opt, Tena at a moa ne shoes oi her feet for’ whiskey, aba Abe Was not a duck at all. watt 8 ‘he you mast ‘ou hina take “It seems,” said the maglatra: have sant in t) rier care in r be made 10 rou 10 yor ‘will be made to bi y Lt oy ee both “ev id the bench an e Frederick Mov and James Blake, the frst a chief mate of @ vi at pier 8 river, the other a boatman, were indicted STPALING 4 BUCKET OF WIND, Abraham Fregauther, the ca) the ship satd that MoCurbey had given him an jense deal of trouble; that was in hy bit of “tapping” the stores and cargo of the ahip money. In the present he nad handed out the bucket of wine, and told the boatman he must be sure to bring back the empty “‘bucket.’ ‘THI3 MBANT BRINGING fon, “Soon after the boat leit the ship, another captain informed Erogny of what bad occurred, and on being chased Blake “dumped” the three allons of Shs into river, A pitiful le was made to the get by Blak and as it waa proved it bad been given to him by er he was acquitted, but McCurbey was severely reprimanded, received sentence of six months’ risOnment and @ dine of Afty dollara. COURT CALENDANS—THIS BAY. SUPREME CovRT—GuNERAL TREM—Held by Judges Ingrabam, Barnard aad Cardozo,—Nos. $4, 141, 142, 143, 145, iso, 147, 143, 149, 150, 161, 154, 155, 150, 157, 158, 159, 99, 281, 162, 163, 164, 165, 166, 167, OYER AND TERMINER AND SUPREME CounT—CIR- curT.—Part 1,—Beforo Judge Cardozo. No Circuit calendar. Crrcuit—Part 2—Before Judge Van Brunt.—Nos, 1608, 1474, 1814, 10265, 385, 1884, ee 260, 188, 258, 272, 858, 1262, 857, 20, 28, UPREMB QOURT—CRAMBERS.—Held by Judge Sutherlaud.—Nos, 45, 47, 77, 80, 89, 90, 98, 182, 180, th ah } 162, 170, 171,'173, 174, 176, 180, 187, 12% KIOB COURT—PART 1.—Before Judge Mo- 97, 807, 1043, 475, 78, 171, 275, 451, 447, 27%, 440, PAwr 2. — Bofore Judge Freed: Way 22, CoMMON PLE PaRT 1.—Before Judgo Larre- more.—Nos, 221, 163, 278, 49, 308, 448, 239, 207, 300, 85, 477, 461, 480," 490, 491, MaRinz CouRT—Part 1.—Before Judge Alker.— Nos. 3049, 4543, 4601, 4742, 4740, 4758, 4750, 4803, 4807, 4809, 6350. Pant 2,—Before Judge Grose,—Nos, 4814, 4715, 4839, 1096, 4490, 4549, 4621, 4671, 4700, 4706, 4710, 4747, 4761, 4810, 4gul, 4816, Pak 8,—Before Judge Joachimsei.—Nos. 4609, 4778. BROOKLYN COURTS. UNITED STATES DISTRIGT COURT. Alleged Whiskey Fraud—Important Decision of Judge BencdictCenficting Opinions as 4 she. Con ute. * = Cunn.—Noa, 163, 187, 313, Before Judge Bouiediet. ‘The Tiited States vs, 4,800 Gallons of Spirits. This 1s @ proceeding in rem., to foreit cer- tain distulled spirits belonging to Matthew Brady, and seized at his distillery. The case has been tried before the Court withouta jury by consent. ‘The distillery used by the claimant, lt appears, was formerly a grain distillery, but was surveyed and ac- cepted to be used by Brady, as a molasses diatiery. When used as a grain distillery it had a puxing tub placed above the mash tubs, known as the tub “M’? in these procvedings, which was connected with the mash tubs by pipes. When the place was surveyed and accepted as a molasses disfillery this tub ‘m,’” Which from its character and location could be used asa lermenting yb, Was permitted to remain as it was, but lt was fot cescrited as a fermenting tab in uy place or description, There was also in tho yard a Cistern or recepiacie Which could be used as ® Wixing tud for molasses, and waich was con- nected by bose with tub “ML” There was aiso in the cistern room a hole in the wall vhrough which hose could pass out of the spit cisterns, and also a sort of manhole in the reof turongh which ingress could be had to attach tue hose. distillery was therefore 80 arrauged that by usiry the cistern in the yard us a Tolxing tub and the tub “Ml? as a fermentiug tub, tue capacity of the disitilery would be increased be- yond the capacity shown on the bilan, while any in- creased produciion could b¢ removed trom the cis tern by the hose, Moreover, the distillery was per- duitted tu run tor some time without any night watchman, and the day watchman never 1n- formed himself of the condition or tie cistern room. These facts have been proved as tending to show taat the speciilc ucts and omissions charged against the distiller were accompanied with the intent to de= fraud, aud to conceal from the revenue onicers facts Tequired to,be stated in his bovks, They are mate- vial onty for that purpose, and do@ot of themselves work a forfeiture oi the property in question under any of the courts in ils Information. But there are einer lacts shown, and others offere: to be suown, h, itis cianned, do work the forfertare of thd spirit proceeded against, In cunsidering these proofs if will be convenient frst to determine the construction to be put by this court upon section 93 of the ect of 1863, upon which section many of the present charges dopend, The ground takea on the part of the gov- ernment, is) that secuon 06 Is to be con- straed as if it read thus;—“If no other penalty or unishment is iinposed there shail be a penalty of Sarin and the ofender, i adistuller, suali forieit all spirits owned by him, whether punishable other- wise or not.” But Ll am unable go to read the law. 4s 1 view this section it manifests an intent to cover, by general provision, thuse Instances ip the Statule Where acts have veen enjoiued or for- bidden, but no punishment attached. I do not find in the section any words indicating an inient to cumulate or to lucrease punishment; and, im the absence of such words, I au of the opinion tat the section must be held to mean what it appears to me to say—that in cases Where Lhe statute has attached no punishment to the doing or omitting of acts required or forbidden, such act or omission, when knowingly or wilfuily committed, shail pe punished by ihe inillction of we penalty and forfeiture provided by this section. 1 Qiu aware that diferent constructions have been given to this section, but to my mind the more weighty reesons are in favor of the construction 1 have were adopted, (United States va az Quantity of Distilled Spirits, Judge Blatchford, TL Internal Revenue, record 8; United states ys. One Rectifying Establishment, Jude Hill, U Internal Revenue, record 45; United States vs. 133 Casks of Spurtts, Judge Hoffman, 11 Internal Reve- nue, record 191; Coited States vs. 95 Barrels of Spirits; Judge Loweil, 11 Internal Revenue, record 123) This view of tue effect of section 96 removes from consideration a iarge portion of the present tn- formation aad limits the faquiry as regards the charges made under this section to uose unlawful aots and omissions for Waich no punisument 18 pro- vided by any other section of the act. Of this class is the charge that the distiter omitted to furnish to the Assessor au accurate plan or description of the distillery, showing tLe nuuber and contents of every mash tub and fermenting tub as required by section 9 of the act of July 20, 1863; gud also the charge that contrary to the sate section there was an alteration made im the distiliery which was not disclosed by any supplementai plan. ‘Tin se charges the government claim to have supported by the evi- deuce as to the character, locality and use of the tub “M.,” which, it 1s conceded, was never desig- Dated on any Dian a8 a fermenting tub. J have carefully considered thls evidence, and although 1 think it clear that tub “M.” could’ be used as a ter- menting tub, 1 do not find it proved that it was, in Tact, ever so used. There may be ground of sus- picion that 1¢ was at umes so used, but 1 cannot condemn tnis property upon suspicion. ‘Its por- a ot = imformation must, thereiore, fail or want of pro! Again, it 18 claimed that this property must be forfeited because it appears that the fermenting tubs Were not empited at the expiration of forty-eight hours after they were filled, that being the ferment- ing period of this distiliery as required by section nineteen of the act of 1363. What should be the true construction of this portion of section minetecn is not clear, It would not be unreasonable to hold that the words “every tub shail be emptied at the eud of the fermenting period” should be taken 1a connection with the words “emptied of ripe mash or peer,” used in the first part of tho paragraph, and the provision constrned to mean Wat roash or beer, when fermented according to the diswiler’s notice, shall be cmp: at we end of the fermeuting period, if ripe. Such a con- struction would probably dispose of the charge under consideration In tile present position of the evidence. But any consruction ef this provision of the statute is rendered unnecessary in ihis case, in- asmucii 48 an examimation of the Information dis- Closes the fact thas it contats no averment which will support the charge in quesiiou, The practice in this district, in cases of proceedings in vem, to endorce forfeitures arising under the revenue laws, las been, in tho Hirst instance, to permit ap information to be died, containing numerous counts .or vivlations Of Various statutes, char; ca, for tie most purt, in the words of tho statue, but to require the Pistrict Attorney, before the trial, to file a specification of the oounis on which he intends to rely, accompanied, when necessary, with a description of the offences intended to bd proved, sufficient to inforin the claimant of the par- Heular charge which he wijl be culled ou to meet. ‘This practice, which ts 50 pe ed to the practice in certain ciasses of erimivaf prosecutions, bas roved comvenient and conducive to justice, and it as been followed im the present case, ‘The cation in this case designates the 1 count in the information as one of relied op, and that Lhd charge in question Will be sought to be maintained, Now, the fifteenth count omits to charge any violation of art of section nineteen which requires the tubs to be emptied at the eud of the fermenting period, und to remain empty for the space of twenty-lour noura, ‘The omission t0 that count of any allusion to avy violation of that portion of the section on which we count 18 framed, is fatal. I, therefore, dispense with Quy consideration of the evidence wuich is claimed to show an omission to empty the fermenting tups atthe end of whe fermentiag period, or to allow them to remain empty for g period of twenty-four hours, Again, it is contended that this property 1s forteited by virtue of the portion of section nineteen, oth those JANUAKY Ll, I871—TRIPLE SHEET, ~ omitted 40 defraud or co the Revenue oficers any fact there carried on, to the Uni St And itis that the property in ques- tion, nar dutiled apieita seized on the pre bel ag 80 tac ier covered by the wi “personal property on the premises.” But these words are gui subsequent words ‘used in the busi! jo not consider vias dis- led spirits in casks or in the olsterns of a distillery hich has produced them can be hold to be persondl used in the business there carried on, roduct of the bustness and would en design specifcaliy if in- be within the provisions of £4 got. ve thus disposed of all the counts in this informa- ion upon Which the government has relied, aud the result is the inforination must be dismissed and the property discharged, A certificate of probable cause jor the seizure must be given, CITY COURT—PART I. The Action Asgninst Sureties on n Leaxe. Before Judge Tuompson. * Charles A. Coe ve. Patrick Cassidy and Jonn B, Hopke.—The plaintif® brought suit to recover $2,600 rent frem the defendants, who wero sureties on a lease of certain engl premises in the Fi(th ward, ‘The case was reported in the HERALD yesterday. During the examination of the first witness for the defence yesterday the proceedi were sud- denly stepped by counsel for platatiif moving to amend the complaint. The motion was granted, and the case went off for the term, Action to Recover for Personal Injarica. Thomas Ryan vs, Janes 0. Baldwtn,—The ptain- tif, who is a mason, sues defeudant to recover $2,000 damages for personal Injuries, The aefend- ant is @& master builder, and gg him, with others, to lay ® foundation wail Fourth street, E,D, One dey a small building on aajom- ing premises suadpaly fell, aud plainuy, as claimed, Was s@ sadly injui that he was uvable to do any work for four months, He passed two months in the hospital. “the defence 18 that the plaintiff's injuries were slight, and that the accident occurred through his own pedligence while tearing down the building in question, Case on. CITY COURT~PART 2, A Barroom Fracus. Before Judgo Nelison. James Gibsons. David Rogers.—On the 28th of June last both partics to'this sult were in Madden’s barreom, corner of Myrtle avenue and Raymond street. A row oceurred there during which plain- alleged the defendant struck him several biows with a bung starter. He, therefore, brought sult to re- cover damages in thé sum of $6,000 for the assault. ‘The jury rendered @ verdict im his favor and as- sessed the damages at $2,630. NEW YORK CITY. ‘The following record will show the changes in tho temperature for the past tweaty-four hours in com- parison with the corresponding day of last year, as indicated by the thermometer at Hudnuvw’s Phar- macy, HERALD Building, corner of Aun street;—> 1970, 187i, 11d. ten. ye 2B ORR: 24) oho... 87 «138 OPM, by 12 My..sm 3 M te scaaid Average temperature yesterday. fe * ne for corresponding date 936 J John O'Brien, residing at 83 Park street, yesterday morning accidentally shot himself in the body with a Tevoiver, inflicting a slight wound, The aggregate amount of exports (exclusive of specie) from the port of New 1 ork for the week end- iug January 10, 1371, was $4,774,137. The first skating carnival takes place at the Em- pire Skating Rink to-night. The Empire Club, of sixty meibers, will take part I fuil costume. The funeral of Sister Serena Godwin, of St. Bar- nabas Home, Mutherry street, took place yesterday afternoon from the chapel of that institution. At @ meeting of the Board of Poltce Commissioners held yesterday afternoon Sergeant Scinitz was transferred from the First to the Twenty-first pre- cluct, and Sergeant Tynan trom the Twenty-first to the rirst. At seven o'clock yesterday morning William Branigan was struck on the head with a crutch by John Burns, during a quarrel, at 53 Warren street, and severely injured, Barns was arrested and locked up 1a the Tuird prectact station house. Coroner Keenan was notified to hold an inquest at the Tombs yesterday on the body of Michael McMahon, who was committed on the 6th tnst., on tae cenmpiaiat of his wiie, for abandonment, He was suffering from delirium tremens, and diea this morning, It was remarked yesterday that a larger number of persons were locked up for drunkenness and dis- orderly conduct than on any otuer day of the pre- Bent year, most of the parttes Deing heiplessly nto xt. cated, If was said that in extreme heat or cold the resuit fn this respect 13 always the same. Thomas O'Conner, a_man thirty-five yeara of agey died yesterday in Bellevue Hospital. Deceased, in attempting to Jump from the front platform of car No, 9 of the Broadway Railroad, at Fourteenth Btreet, slipped and fell befora the wheel, which passed over ove of his tegs, Coroner Keenan will lake &p Juvestigation of the case to-day. John O’Brien, the parcel-stealer, an astute and industrious gentleman, made his third appearance this morning, having been remanded twice for fu:ther testimony. ‘fhe complainants were many, and consisted of the “small try”? who usually carry parcels. The evidence was clear, concise and over- whelmin, Tue prisoner was held for further ex- amination. The Dry Dock, East Broadway and Battery Ragt- road Company held its annual election yesterday, With the following result:—For directors, Thurlow Weed, Charles Johnson, Augustus f, Smith, Charies Curtis, Edwin P. Morgan, Hugh Smith, William Richardson, Oharles A. Hotchkiss, Erastus 0. Bene- dict, William White, Richard Kelly, John TT. Cono- ver, Isaac Melirbach, For inspectors of election, peas ses es Charles L. Pleming ana William . Wood. Mr. Waterhouse Hawkins delivered a lecture last evening at the Church of the Heavenly Rest, corner of Fifth avenue and Forty-fiith street, before a very appreciative auaience. He demonstrated by vari- Ous illustrations that life is the cause not the conse- aren of organization, and that each creature, though it be a mere living stomach having apparent- ly no other function than to eat, has a will, memory and understanding. Mr. Hawkins will lecture again next Tuesday. The Atlantics and champion Mutuals wil play a game of base ball on skates to-day at the Capitoline grounds, Brooklyn. Avy quantity of fun and some “tall sliding” may be expected, Ferguson, Start, Pike, Pierce, Suilth, Zeiiein, Hall, Chapman and McDonald will eee the Atlantic niae, while Charlie Mills, Ed. ls, Swandeil, Hasfeid, Patter- son, Eggier, Martin, Wolters and Nelson will the reputation of tie New Yorkers, be called at two o'clock, sharp. uphold The game will Edward B. Day was brought before Justice Shand- ley, charged by Fellows & Co., jewellers, of No, 1 Maiden lane, for whom he was bookkeeper last Au- gust, with embezzling $1,000 while in their cep In. Day was sent to the Park Bank witn a check tor 1,000, He altered the figures to $2,000, which sum e drew, keeping the extra $1,000, and rendering an account of the remainder. He left Fellows & Co. a couple Of days alter this clever “little piece of busl- ness,” and Was not found until yesterday, when he was arrested and brought to Jefferson Market Prigon, and 18 now heid for examimation. A prolonged and careful cross-exumination of witnesses im the $80,000 bond robbery case was held before Judge Hogan, at the Tombs, yesterday. Mr. MoNeal, the broker, In whose office the defendants were arrested, was subjected to a severe counsel test, but bis previous evidence was not shaken. Mr. Bennett, one of the men converned, made a long statement, relating In detail how he became ac- quainted with Captain Pelletier and his connection With him in this business, but beyond this nothing new been reveaied. ‘This examination was again adjourned in order to allow defendants’ coun- \ ecl an Opportunity of producing witnesses from Wasulngton. Mr. Bennett's statement will be com: pleted ou the next examination, At the Essex Market Police Court yesterday an examination was held before Justice Ledwith in the case of alleged hibel charged against a newspaper called the Lantern by the soctety known ag the Hel- dise Bund. Mr. Jonn H. Bieling, President of we Bund, was examined at considerable length, but nothing in his testimony was of ce special interest. The magistrate will give bis décision in the case in the course of @ week. It will be remem- bered that the Laniern charged the socloty named with being composed of assassins, beer-suckers, &c.,and hence the charge of libel. The Heidise Bund nuinbers upwards of aix thousand members. ‘The annual mecting of the Yale Alumni Asso- clation was held jast evening at Association Hall. vOF ihe act of 1868, WINGh declares Wet U apy Saise , Alter somo degultory remarks Mr, Edwards Pierre- twas called to the chatr, he Presiaent, William Fe lavares, being Cia vatial beats ‘The officers of the provions year were re-els unanimously, hey are as follows:—P1 ent, bi iy bgt 10@ dents, 8, F, forse, B. Ru FR . Barnard, Louis P. Woodro, Charles nd ane Elman, Jol Badger, M, — Jones; urer, mans a and an executive commities of thirty mem- bers, An invitation trom the Yale a ni of Phila- delpbia to attend a dinner was received and a com: mittee, consisting of Messrs, Tracy, Fields und Morse, was appointed to do the honors, and a reso- lution of thanks voted by the society. At the annual meeting of the Bar Association of the city of New York, at No. 20 West Twenty-seventh strect, last eveuing, the following gentlemen were elected to Mill the ofiices set opposite thelr names for te. ene ears ean. a Bye procaent; . Tiden, James W. Gerard, John Slosson, Bagar 8 Van Winkle. wid: Wiliam. Be vice presidents; Albon P. Man, treasurer; Willlam “Allen Butler, corresponding secretary; Augustas R. Macdoneugh, ; Henry Nicoll, Augustus F. Smit rett, Jameg Himots Stephen PsN ter, John FE. Parsol illiam @, te, Francis 0. Barlow, Henry A. Tailer, E, Randolph Robinson, Wheeler H. Peckham, Albert Mathews, Abraham R. wrence, John L, Sn herland, Executive Committee; lenry A. Cram, Charles F, Southmayd, John EB, Burrill, Richard H. Bowne, Hooper 0, Van Vorst, John ©, Dimmick, John M. Knox, Grosvenor P. Lowrey, Ciliford 4. Hand, Frederick James W. Gerard, Jr.; Joseph Larocque, Geoi e Forest Lord, Charles M, Da Costa, Edmand Wetmore, Benjamin ¥, Dunning, Frederick 8. Tallmadge, Thomas M. North, Albert Stickney, Edward Mitcnell, Committee on Adinissions Meeting and’ Orsanizntion of Both Houscs— The Governors Message. The ninety-Afth aession of the New Jersey Legisla- vure commeyced yesterday afternoon at three o'clock, The Senate was organized by the election of Edward Bettle, of Camden, for President; John £. Babcock, of New Brunswick, for Secretary; John W. Newland, of Cumberland, Assistant Secretary; Joseph D, Moon, of Gloucester, Engrossing Clerk, and E, M. Beasley, of Cape May, Sergeant-at-Arms, In the House Albert P. Condit, of Essex, was elected Speaker; Alexander M. Cumming, of Mercer, Clerk; E. A. Carman, of Hudson, Assistant Clerk; J. Lupton, of Cumberland, Engrossing Clerk; George M. Smith, of Cape May, Doorkeeper, and H. Wood- hill, cf Gloucester, Keeper of Ladies’ Gallery, GOVERNOR RANDOLPH’S MESSAGE. Governor Randolph, in his mevsage, states the re- ceipts of the State of Now Jersey as $631,000; dis- bursements, $562,000. Two-thirds of the receipts come from railway sources. No State tax 1s levied on persons or corperations, except those named, for any purpose, save to pay a small amount of the war dept, The war debt is $2,999,000, with assets in the hand of, sinking fund, $1,116,605, and asscts in gene- ral fund, $1,537,370, cuiulued being suficient to pay all obligations, Four-fitths of all the children in the State between five and eighteen years old are at sciool. Most of the public schools are free, and all nearly so, The Normai Scnool has become not only seil-supporting, but a source of profit to the State. sade sens, Abe parian Commission tn Fields one-eighth ‘Of slic Pevewue of the State and 1s rapidly increasing. ‘The recent decisions in New York and New Jersey are conclusive as to the State's ausolute ownershij and control of all lands under the waters of uavi- gable bays and streams, ‘The State Prison management shows a saving of neariy fifty thousand per year com; with former years, and the prison will be self-sustaining hereaiter, ‘rhe Governor claims New Jersey as the seven- teenth among the Sta’es. She hus increased in greaver ratio Wian any State easi of Unio; is more densely populated than any other Siate sive two, Pays More Waxes preraiabiy to the goverument than any other State; has sarger value per acre to her land, more wealth to each inhabitant, as few cill- dren belug unedicated. aud equal railway iacilities to any of ali the States. he — principal recommendations made by the Governor are:— Restriction of power ‘to local as to taxation, in most cases not asked tor or needed, and against the real wishes aud trae inter. ests Of taxpayers; raising the school tax sufiicientiy to render ail public schools absolutely free; an ap- propriation to enlarge the Lunatic Asylum or to con- sUruct @ new one, the necessity being a pressing one and obligatory; the establishnient efa reiorm school for juvenjie female convicis; the adoption of a sys- tem of prison Management not subject to political control; amendments to election laws by which any person bribing or being brived shall be disivanchised, either party being a competent witness against the other without legal responsibility, and in the case of corporations using money in elections, disfranchis- ing thelr officers in the State, rendering noh-resl- dent officers oiliclally incompetent under New Jer. sey laws, and inaily, forielture of all we chartered rights of the corporation, ‘The Governor gives notice of his intention not to me any bill passed by its title nor any private act Pi 1d during the two closing days of sesstons, and strongly urges tho passage of general laws simple in form, convenient and inexpensive in operatioa— open to all. He deprecates the protective policy that special legislation represents and polnts to the lobby system as one of its great resultiag eviis. Upon political matters the Message refers to the pee one of the suffrage amendments and the final settlement of a vexed question, and recommends, inasmuch a3 the colored people are uulversuily ace cepted a8 voters, a full recognition of ail their rights under our laws, ihe omtssion of anything rendering questionable the asserted superiority of our race. The Governor deems the natural antago- nism of the races beyond the reach of human laws to remedy, thinks Lo substantial political advantage 1s bad or likely to be by the biacks, and, pesition be+ ing denied them by both political parties tn the North, the race seems to have passed irom the wrongs of siavery to the seridom of party. He strongly urges amnesty upon the part of the federal Ege got to that Jarge, Influential and inieiigent ody of men, Now alieus—once American citizens— and states his convictions to be thut ihe result of the existing general depression and dissatisfaction With the conduct of public aifairs will compel the poiltical power succeeding hervatter to recognize the urgent demand for greater economy in the adiminis- tration of the affairs of the government, the extinc- tion of onerous and lilegal modes of taxation, reform in civil administration by which competency and fidelity shall constitute the test and guaraniee of economy, and to revise the tarliflawsa by which the greatest progress toward vue principles of tree trade can be had compatibie with our necessities. ‘the Governor, in conclusion, protests against the enor- mous grants of land 1 which the States have so Great residuary interesis, rd & United States Senators to be Elected. Massachusetts, Maine, New Jersey, Delaware, Michigan, Minnesota, Illinois, Kansas, Nebraska, Virginia and. West Virginia are yet to elect United States Senators to take the place of those whose terms expire on the 4th of March next, and Missourt has to elect one to fill the vacancy caused by the resignation of Mr. Drake. ‘The total number of Senatorial terms expiring the 4th of March is twenty-fonr; but Messrs, Anthony, of Rhode Island; Cragin, of New Hampshire; Robert. son, of South Carolina, and Haimilton, of Texas, have been re-elected, and the following new mei have been elected from tue States pamed:—Alcorn, of Mississippi; Cooper, of Tennessee; Goldthwaite, of Alabama; Kelley, of Oregon; Stevenson, of Ken tucky; Wright, of Iowa; Clayton, of Arkansas; West, of Louisiana, and Vance, of North Carolina. Senator Harlan and Congressman Ailison have en- tered the fisld already as rival candidates for elec- tion to tho United States Senute from Jowa tor the term be poning in 1874, when the term of Mr. Har- lan expires, @ eieclion choice will be made by the Legisiature in the session of next winter, The Towa papers say that the contestania are marshal- Nng theif friends fur tae contest with great earnest- hess. More About Cassiny M. Clay?. The Lexington (Ky.) Statesman of the 6th inst, bas the following 1 relation to Cassius M. Clay and his Political views, reference to which was inade in the HERALD yesterday:— Thé Hon. C. M. Clay cated at this oftce yesterday and stated that in his speech at Richmond he has abandoned none of bis iife-long principles, nor will he abandon them until alimen, white and black, are cqnal before the law, He opposes Grant be- cause he does not think he has ever been in ve thy with the republican party, He opposes the tn- troduction of troopsinto the State, because he thinks that they will oniy act os frritants, and not help the restoration of peace and order; he told the colored men that when they were placed on an equality before the law, then they could decide on ‘other issues, and thelr interests would be the same 8 bliose among Whom they lived, Until they were 80 placed beiore the law he would advocate their clalins in the future ay In the past. He would sup- port only such men for the next Presidency as Greeley, ©. F. Adams, Governor Morton and Mr. Chase, who had always been strong on the slavery question, avd Were ow tm favor o} give the infla- euce of the government to Cuba, as far as the law of nations would allow, 1n favor of abolishing slavery ‘on this Continent ana throughout the world, He denies that Grant has ever done go, Ho thinks that the issues of the war are divided, and that netiher party suouid rely upon them for popular favor now. Political Notes. The Nashua (N. I.) Gazetie says:—"We believe Uiat to-day, If the vote could be poiled, the demo- cratic party could carry this Scate by 6,000 majority”? Colonel A. H. Connor, of Indiana, who nas ac- cepted the Governorship of Idaho, is the father of Representative Connor, of Texas. The former ts a Tadical revuvilvan, Whe the javier ly @ democrat, authorities, | THE BUTCHER CART DODGE thao’ ‘Billy the Knuck,” an Ex-Convict, Convicted of a Dinmond Robbery, Judge Bedford Sends Him to the State Prison for Five Yoars—The Judge Makes Soms Re- marks Interesting to the Thieves of this City. ‘The columns of the HERALD dally contain a clear expose of the numerous dodges Which criminals re, sort to lu perpetrating thelr depredations upon the community, which reveal the fact that if the intelll. gence, tact and indomitable energy manifested by burglars and thieves to possess themselves of other People’s property was exercised in the pursuit of an honest calling they would soon amass wealth, New Yorkers are perfectly familiar with that species of robbery known in tho parlance of the police as the “butcher cart larceny,” and they are equally well aware that so expert are the thieves who make this phase of crime o specialty that they often allude arrest and escape with their booty, It will be grati/ying to the citizons of all classes in the 4 community and, indeed, to the entire country, to learn that Judge Bedford disposed of a notorious member of this fraternity yesterday in the General Sessions, TRIAL, CONVICTION AND SENTENOR OF WILLIAM MENDERSON—"BILLY THR KNUOK.” The first case called yesterday iu General Sessions was that of Willlam Henderson and Richard N, Rice, charged with grand larceny. THE TESTIMONY, Mr. William Moir, the first witness called, testified that be keeps a jewelry store at No. 816 Hudsom street; that on the 2ist of December, the day before the occurrence which he was about to narrate, Rice ‘ind another party (Henderson) came in and looked, at a diamond cross, but did not purchase it; that on the 224, between five and six o’clock in the evening, Rice and Henderson entered the store, and Mr, Weeks, one of the clerks, showed them the diamond cross, and while he was looking at it the door of the store was suddenly opened, a man entered witha yell, snatched the cross from Henderson, ran out, Jumped into a light wagon and drove off. Accord- ing to Mr. Moir, the whole trausaction wus done in five seconds, QORROBORATIVE AND ADDITIONAL TSSTIMONY. Abraham H. Weeks, the clerk who waited opon the men, and belteving them to be thieves, watched them closely, gave @ fuller account of the audacious robbery. Rice handed the cross to Henderson, wao examined it and then asked to see some rings; while the cierk wa3 reaching over to receive the cross > that instant the door opened and a thi party rushed in and snatched it, Henderson taking care to hoid it in such a position us to readily enable his ac- complice to get it; Henderson rushed to the doer, but was caught by Mr. Weeks, who locked it, and detained Rice and his accomplice until the captain of the police arrived, who in a sew minutes appeared upon the scene and recognized Rice and Henderson as “old friends.” The prisoner was searched in the station ho and skeleton keys were found in his 4 PLAUSIBLE STORY was told by Henderson, who said ie was, at the time of the ocourrence, a barkeeper for Mr. Martin, cor- ter of Elin and Pearl streets; that he was returning from an up-town brewery, met Rice, wio tu vited nim 10 look at @ diamond cross which he Ae intended to purchase. He acceded to his request and looked at the cross, suggesting that he thought @ ring would be more appropriate. He was in the act of returning the cross to the clerk whet & man caie into the store and snatched it from him, whom: he endeavored to pursue, crying “Stop Thief!” bus. was detained by the eleck and propriotor. Upon cross-examination Henderson denle ever been arrested or had ever served a term in the State Piisoa, His story would have been very plaa-_ sible had not Captain McDonaid known something of the aniecedents of Heudersoy. The Captain was Trecalicd and informed the judge ond jury that the prisoner had tue reputation of a thief, waa called “Billy the Kuuck,” aud he had been told by Detective Irving and olser members of the force that Henderson served a term in the State Prison a =~ few yeurs ago, He saw Henderson go mto Theodore Allen’s place,fcorner of Prince and Mercer streets, Ime ae inierred that his associations were not of we best. Mr. Suilivan, in his summing up, graphicaily de. pig the manner in which such clev-r and reck- j ess men a3 Henderson and his gang rob jewelry stores and often escape by grtvuna oif at a furious : rate through the public strdel THE CHARGE. ‘ Judge Bedford delivered an impartial charge, and, 1 conclusion, said that ii the jury believed that the prisoner's guilt was established beyond all reasoa- abie doubt, thoy should protect society by promptly rendering a verdict of guilty, and thus teach ruffiang and thicves Uiat the auitioriiies would be always supported by respectable and high-toned jurors, GuiLty, The jury adopted the sugyestion of his Honor and Promptly rendeved @ verdict of guilty, SENTENOED. Judge Bedford, in passing sentence, sald:—Hender- son, you lave been coavicted of a daring larceny. You are a professional thie’ and well known to the lice. Captain McDonald tells me that you are now by the name of ‘Bully the Knuck;” that you. are an ex-convict, having served a :erm in the State Prison. The Captain, when he searched you, found in your pockets skeleton keys, only carried and used by professional burgiars, ‘You are @ leader of the yt dangerous classes, and, for the welfare of society, £ shail put you out of the way, by confining you in the State Prison at hard labor for tho term of five years. Rice, who was jointly indicted with Henderson, Was remanded ull the next term, MUSIC AND THs DRAMA. On Monday next Hess & Co.'s English Opera Come pany cominence a six nights’ season at the Uoncor- dia, Baltimore. They advertise such operas as ‘Lea Huguenots’ and “Fidelio,” which they cannot sing, anda omit “Rip Van Winkle,” the only American opera on the stage, and one in which Mr, Drayton, the finest artist in the company, has made a genu- ine success. So much for judgment in making up q programmes, cd Lucille Western has been the latest theatrical at- traction in Mobile, She plays “Frou Frou” in a blonde wig. McKean Buchanan introduced “Richelieu” to the People of Richmond on the same night that Booth made his bow in this city, Mrs. Scott-Siddons appeared the same eventng ag "The Laay of Lyon’s” at Roberi’s Opera House, Hartiord. The Opelikans, Alabama, are in a state of excite- ment over Stone & Murray’s circus, ‘This is the last week of Fechter and Miss Leclercq, at the Globe, Boston. They will nave a compliimen- tary benefit on Saturday. On Monday next the new management will be inaugurated with Montgomery, Be and Mrs, Scott-Siddons in “omeu aud juliet, ?” Thodore Thomas gave one of his characteristic symphony soirecs last night at the Boston io ali. §=The programme compr! Oherat! “Anacreon” overture, overtures to “Oberon” *‘Muetle de Portioi,” adagio from Beethoven’s Ninth Symphony, a string quartet by Haydn and three Strauss selections, Anna Mehlig played o Schubert fantasia and Liszt's grand polonaise in 8 flat. ‘ihe orchostra will give two concerts in this city in the course of a week or two, ‘ne German opera company, irom the Stadt thea. ter, are also in Boston, a ‘tne Adelaide Phillips concert troupe, with Levy, the cornet player; Hasler, the baritoue, and EB. Hoft- man, pianist, appear this ‘wéck in Memphis. Daly's “Under the Gasligit” is to bo brought out shortiy in Pittsburg. +. s ‘Mrs, John Drew 15 playing “The Coquettes” at the arch, Philadelphia. At the Opera House, New Orleans, Calebresi’s fine company are doing very good business, Naddie, ‘ who was the prima donia tormer'y of Messrs. dJuignet & Drivet’s fil-siaired season at the French theatre here, Is the star iu tho Crescent City. it is too bad that while New Orleans supports a regular 44 opera:ic company year after year, tue metrepoils of ae New Yors, should be leit without opera of any kind. Mr. George W. Hows delivered his new Jecturt “Home, Sweet Home, from a semt-serious point of view,” at oGarmo’s Hall, on Saturday evening, tn the presence of @ critical and distin, hed audi- ence. Tho lecture treats of the different varieties of metropolitan homes, and in its course speaks ef the fashionuble boarding house where one of the heaters makes desperate love te the landlady, on! to find that she is married, ana that her husband, not betng fashionable, is boarded down town. Mr. Hows waa {requentiy interrupted by applause Beye? ed the entire lecture, his embodiment of the different characters tutroduced by bim awaken. Ing the heartiest merriment, ‘The clever young Californian pianists, the Laem- ele paneey Give ® concert gt Steinway Holi this “Jezebel,” Bonctcgult’s last play, which ts to suo. ceed “Saratoga” at Daly’s boudoir theatre, is one of ’ the most powerful dramas over written vy the ver- satile Dion. a The Lake family, of Greene county, New York, furnish ide most remarkable cases of Tongevity on record. Tucre was & family reunion lately, at wuloa the following members of the family were present; Mary Lake, motber, aged 106; Marina, seventy-fours Elizaneth, seventy-two; Joseph, seventy; AMdiler, eixey-eight; Henry, aixty-four; beboran, ity-ve. “ Three members gf the family are dead—Hiram, aged ; mixtreix; Christina, seventy-seven, and Ann! aced , BLALY-iWwo.