The New York Herald Newspaper, February 9, 1871, Page 8

8 THE COURTS. As Twportant Case in Bankruptey—Violations of the Intermal Revenue Law-Criminal Calon- dar in the Court of Oyer and Terminer— The Case of Purcell, the Homicide— Verdict Against av Insurance Com- pPany—Action for Slander—Lia- bilities of a Bailor—Sen- tenoss in the Court of Gencral Sessions. UNITED STATES SUPREME COURT, Oasee Submitted Without Oral Argemeut-~ Conetitutionality of the Cotton tax. WASHINGTON, Feb, 8, 1871. Ro, 409. David Dows vs, The City of Chicago ana Beal, Collector of Taxes—Appeal Srom the Cirenit @ourt Jor the Northern Disirict ef Minois,—Tne question presented in this case is whether under the constitution of the State of Ilinots, which pre- wribes vatformity mm taxation, one class of prop. @rrty, to wit, the snares of banking assoctatons, can be Bingied out Aud assessed by liseli with rofe- Feuce 10 a diferent point of tine from that to wach Oli other property is referred for that purpose. By @n act of the Legisiature of the Stale such shares are tO be assessed separately, withoot regard to Other propery, for WXation On (he ist Of July of each year, The plaints In error maintams thai the Court below crred in sustaining the assessment, be- eange it is in violation of the cousttution, The dee fendant insists Ui court W 8 sustained in its rulmg by 1h nstruction af Ihe Sete Cou @iutution and Jaws by the State courts. Nos, 62 and 62 eut ihe sane questions and aro. heard With tuis cause. No. 85. Leon vs. Peynan and Two Other Cases, 86 and 92—Error to the Cireutt Court for the Easiern District af Low ut—In ihese cases the plaintir in error was sued and judgment odtained agetust Bim, a3 security on given in the State court, for the forthcoming of a Bpanish vesse! which was seized py order of that court in suit agi the owner oy deieudants in error, Who clatined @ len and privilege on the ves- fel for seamen’s Wages, ‘The master mace no ap- pearance, aud judgment was agamst hun by de- fauit. iuese suits were then commenced agamst the platitifl in error as security, He objected that pLions Were based On an admiralty bond in a ediug t revi, over Which thc Court lad no risdiction, and that the boud was taken coram Mon judice, aud Was void. The exception was over- rule |, and fue Writ Of error is lake to tue juugment Ted. No. Trebilcook, Administrator, &e., v8, Wil- son—Lrror to te Supreme Court oF the Siate of dowa.—The question presented in this case is the legal tonder question—the same ag aecided in Bron- eon vs. Phelps (7 Wall, 229), Butler vs, Horwitz (ib. 10, 253) and Hepburn vs. Griswold (8 Walt, 603), Counsel for tue plaiatif im error relics on’ those decisions, Counsel for defendant in error says, aiter reference vw the arguments and decisions in sbose case?:—" Whatever benent the defendanis in error may be entitied to under any further adjudt- fata of this quesiion in the cases now pending, we bope muy be coosidered and awaried them wm the eXamination ef this case.” It is submitted, however, that the court is wituout jurisdicuon tor ecb nical reasons. No. 6. William M. Farrington, Plaintif tn Error, Bs. Role S. Saunders—Error to the Ciroult Court for the Disiriol of West Tennesser.—Tuis is the re argument of this cause, the Court having so directed nm account of the importance of the questions in- volved. The plaintit in error was the owner of 150 bales of cotton, on which the tax of three cents per pound imposed by the internal revenue act of July, 1566, was levied. He refused to pay the tax, Dut finally did so under protest, in accordance with the practice in such cases under the Customs revenue laws, to save tie seizure of the covon; ad this sult was brongac to recover back ihe sum pelid, the that tne tax is a violauion of tho: Pp consiiuuion which probibit the lay or vier direct taxe: of capitation aniess in propertion to the census, ng ef daties on articles ported The judgment beiow was 4 ‘avor of the government, aid writ of error was to this court, ‘The platntut in error taltains W, as derived irom te con- Taxes on specitic articles of mse are indirect, aad that an Hut property, witout rele- same racter ag oul being direc These A Wi aller ah elaborate exame of taxation, and they are sub- 3 suilictent to show that the rectly upon produc. iOpUON OF er ad val ren tax on fenoe to consump’ . QU ad valorem tax on | conclusions are arr ination of taun, withont use or Consuiaption, Ja, 1 lis nature, @ direct tax, which cun be levied duly vy the rule of apporuonment. On the other branch of the argument it is insisted that cotion is &U aruicie produced for exportat.on, and cotton stae From 1820 to $ of the cotton raised oried, snd la the years exports were two-thirds to Ais, your ending June 26, 1 810 pounds, Of (he vaiue of $202,867,91¥, we expor: Of the’ poruon net eaporied ‘irom the United Siates it is asserted a8 a Known fact that but an issignificant fraction is consumed in 13 produced, the great it being exporved to other States 1 the outended that this ls a lewisiative de- n that cotton shal not be exporved without 1 that If tue constitution can pe de- ot named an exportation 1 once felt for 118 power must be utempt ior its impoiency. The same rpretation must be applied to this re- the States where the cott bulk of Union. changed lito rules of 104 StiicUon imposed upon the Jederat government as have unoruly been to the like re: tie triction imposed 3. While «he former ts proiibvited uf any GX er duty on articles te latier are prohibited from ievy- imposis or duty on imports or exports, nt S Do pr ent and scedeut in the past ho watrant in we ve main- are fully realized, and all the a ents by which they Were answered proved to false. ‘Tie Attorney Gencral, ou behalf of the gov- ernment, martina th @ power of taxation {3 unlimiteg, and We extent of its exercise resis wholly in the tion of the legislative branch of the gover except in these parile Specified in on—that direct bu bd Iuposts be apportione that ali dutles, and excises shali be uniform, and no tax mid on artic c ected to mu clion canoot prevail. resuinplion 1s im favor of its validity. ained Of 1s not a direct tax, being nettuer Ta taX On S.aves, Or olber capit 0 ¢ of Hylton vs. the United St «8 Dall., 171) ed a8 an authority as to te notion of a direct tax, in which it was held thata airect tax includes only @ tax is m its nature capavle of apportionment, without creating great thequality and injustice in the appl: ‘This tax On Cotton 18 not capable of appc among the § ed in th and properly commodity or ard tax on exports Yon, whether ex egard 1 from any State, constitution, are artl- y State to foreign countries. n export duty and an ex- cl The aistinction berw: cise 18, thal in the one c tax canj only attach mpon the bappeulng o! fi lar eveut—to wit, L @xportaiios of the article on wich it is ist While in the other the tax may at article generally aud stive of euch an event. W x of tion 18 iid upon a commmudits Manofactured, whe tu ths anc Or manufacturer, and wiinout re destination, its character certain: ing the iattér descrip. whether grown or of the producer gard to its fut 'y does noc be Changed Into a tax of the former desert mere izct that @ part, or ex he wi ertcle thus taxed ts after tered for export tw a foremn country. That would make the legaity ofthe tax depend not upon the cireumstancea t0 Whioh itwas adapted by the Legisiatare, and which existed at the time of its collection, but upon those subsequently transpiring at tue mere will of indi- , the law ng tu valid it hd efect upon the taxed, would be rendered void by events happening alter {ts purpose had been fully accomplished and iS operation im reference to the article had altogether ceased. Tne printiple, if ad- Mitted, would render of litte avail aii excise taxa- Won upon articles of commerce. A State cannot tax impor nthe hands of the importer, but can tax merchandise imported alter it has passed out of the hands of the importer, er,if in his bands, after the packages are broken. On she same principle, Con- | gress Cab Wax, a5 @ COMMmMOKIty, Merchandise in the Bands Of its producer,avkich may afterwards be ex- ported, the tax betng pal¢ upon the production, and Bol UpOL aly person Who May export epy part of tk, abd an consequence of such exportation. The fact that wore thau hsif the cotton produced in the country is exported to 4 foreign country has nothing toéo with the constituifonality of the law. If © caapot constitutionally lay 4 tax upon the production or manufacture of a com- modity because more than one-half ot is exported, our-half is exported. The constltutionality of aa ect of Oo; cannot depend upon the state of trade; and If Col eannot itutionally tax any commod! seme part of it is annually ex- any excise tax on com- vid for a draw- on ee eee ae tax and is uniform through. Ovs tho Upited States, The inet tat ontion or any @ judicial bond, in each case | and houses and a capita. | NEW YORK HERALD, THURSDAY, FEBRUARY 9, 1871.—TRIPLE SHEE.. | other articte 1s not rrodaced or found alike in al parts or the country does not ufect the question. ‘There 14 wo proguct af ultare oy manutycture bt af oh yd 7 tn iter spore the | all the State, it nas been oninion of from the first, as would appear from its legislation, that taxes on personal property kept for nse were excise taxes as much as on personal property made forsale, and that the tax, upon such products 08 tobacco manufactured or made for sale Was an eX- ta. x, Phillips, J. M. Oarliste, Pike & Johnson, Judge Sharkey, Jude Hughes, RK. Topp, BR. Curtis and Witham M. Bvarts for the plaunom in error, fhe Attorney Genera! and assistant for the government, The argument will occapy several days, UNITED STATES OISTACT COURT—1¥ BANKRUPTCY. Important Question—Actions te Foreclose Mortrage en Bankrapt § Property—Au Assignee Leaning the Funds of a Baok- rupt’s Estrte om Uasecured Notes Without the Authority of the Court—Register’s Cer- tficate aud Judge Blatchfor’s Decision. In the Matter of George Sanford Price, a Bank- rupt.—This case is undergoing examina.ton bertore Register Little, who has submitted to Judge Blatch- ford a certificate, setting forth the following facts, and asking his Honor’s decision thereon:— On the 8th of November, 1869, Stewart Young was appointed assignee of Price's estate, «nd an assign- mens oO: the bankrupt’s estate was made to bin, The estate consisted both of real and personal property, uoeneunbered by mortgages, Soon after the as- signment the assignee entered on possession and soid all the ussetsof the estate for about $14,000, without any order from the Coart, but has Tok yet delivered any deed of convevance to the purchaser of the real estate, Tne assignee has reveived a con- Jerable portion ol the price, and suil retalas it in his possession, contrary to the rules o1 the court, Since ihe proceedings ef tie sale hed tho bands of the assignee he nas allowed an action to be commenced Jo ibe Supreme Court of the stare of New York to foreclose a mortgage past dac oa the Teal estate of the bankrupt, wuich, at ‘he time oi the sai, he agreed to pay Out of the proceeds theteor, Judgment was taken by detanit, and the property Was advertised forsale. The person who bolds tits mortgage, before the action was brought and be- jore the jadgment bad been obtalaed, orered to Gecepl from the assignee a sum less than the prineipal secured thereby; but this coin. | promise was refused, The assigaee also suffered | another judgment to be taken by delault against | hua tn the same conrt to recover the amount of a debi due from the bankrupt, secured by a chattel mortgage on his personal property, which had been sold by (be assignee as part of the assets of the } estate, Belore tus action was brought uod before judgment was obtained, the holder of tie mortgage Also made an offer to compromise for a sum less than that secured by the mortgage. This offer, however, was refused. The assignee has aiso loaned (he funds of the estate Upon individual notes, without security and withouw! authority from the Court, at six per cent per aunum und pald interest, out of the estate at the rate of seven per cent per annom, The Register’s certificate further states that the assignee refuses to fie or make any account what- ever, as required by the rules of the court, ASLAP AT THE ASSIGNER—TE JUDGE ISSUES AN INJUNCTION. Juage Blatchford, rendering his decision upon the above facts, says :—~ The Register will forchwith have issued ont of Uiuls conrt and served on the proper parties an in- ere restraining the sale bejere named, adver- ised for February 11, 1871. He will also cause to be served on the assignee a copy of the foregoing paper, With @ notice requiring said assignee to show cause before tuis court, on Saturday, Febraary 11 instant, at eleven o’ciock A. M., Why ie should not be removed irom his trust The Register will em- Ploy on behaif of the estate some proper counsel to represent tie esiate and the creditors in the matier, n the case of Flatman & Co. vs. Theodore iH, Vetceriein and Bernard Vetterlein, as reported in the Hera.p of yesterday, the latter defendant’s name should have been written Beruard Theodore Vetterlein, aud not Bernard Vetieriein. UNITED STATES DISTRICT COURT—IN ADMIRALTY, Collision Caso—Deviai Before Judge Blatchford. Edward Hewlett, Owner of the Sloop N. Codd, vs, The Ferrydoat Lydia.—This was a collision case, | Phe Judge has ordered a decree to be entered ap. portioning Whe damages equally between the two vessels. UNITED STATES DISTRICT COURT. Suits in Rem. Before Judge Blatchford. The United States vs. C. A. Peine—This was an action brought for the condemnation of one case of imported cutlery from Salingen, on the ground that the entry at_tné Custom Honse of the value of the }.G00u8 Was beiow iheir real market yatue, and that | they lad been iavoiced with the intent of defraud- | ing the revenue ol tne United States. The cutiery Was valtlec at 461 thaler-, The case is still on, UNITED STATES COMMISSIONERS’ COURT. A Cigar Case. Before Comimisstoner Shields. The Untied Stales vs, Charles Rentz.—Detrective Bentty arrested the defendant, who ts a cigar manu- facturer at 157 Bowery, ou a charge o! packing cigars in boxes that had been previonsiy used and remov- ing cigars from a manuiactory withont being branded, wita imtent to evade tue payment of duty | Imposed by the Kevenue law. He was held vo bail in 2,000 to await an examination, Charge of Passing Counterfeit Money. Jolin Renken, 6 Ludlow street, was committed to await the action of the Grand Jury on a charge of having attempted to pass a twenty dollar counter- feu of the Merchants’ National Bank of New York on Joun Cline, 79 Chrystie strect, in payment for @ glass of Rmine wine. Running an Hlicit Distillery. The United States vs, John Gaffney.—The defend- ant had been charged wiih carrying om tne business of a whiskey distiller in Brooklyn without paying the Special tax required by law. This proceeding ferms part of those which have been taken by the revenue officers in connection with the recent | raid on tbe distilleries in the neignhoraood of the | | Navy Yard, Brooklyn. The defendant, tt is alleged. ed to New York, where he was upon & ‘arrant issued by Commissione! teids, Who has | now held his to await the action of the Grand Jury | on the above charge. He is out on bail in the sum of $3,000, . Charge of Using Fraudulent Tobacce Stamps, The United States vs, Joseph Scheider and alert and Etward Scheiter.—The defendants, who aro tobacconists in the Bowery, had been charged with using the same tobacco stamps a second time, The case came up yesterday for the Commissioner's de- cision on the testimony already offered. Commis- sioner Shields wed the provisions of the seventy-first and s ty-second sections of the In- vernal Revenue Jaw, under which the present charge was brought, and delivered an able judgment holding no evidence had been offered before him to. show vhat the defendants nad ever id ton: amps which had been previously . He therefore ordered them to be discharged. | Several members of the bar subsequently compli- | mented the Commissioner on the ability and tmpar- Wality of his decision. Pay ment of the Census Enumeraters. Receipts tor the payment of the enumerators of the late census in the city of New York were yesterday received from Washington at Marshal Sharpe's oilice. When these papers are property sigued they will be returned to the Census Burcau and the money forwarded for distribation to the proper parties, The amount will reach about $30,000. COURT OF OYER AND TERMINER. Arrsignments, Plens and Sentences. Before Judge sutherland. Anumber of prisoners were arraigned to plead to the various indictments found against therm. With three exceptions ail plead not gutity. SENTENCES, Michael McCabe pieaded gullty to stealing cloth of the value of twenty-eight dollars, belonging to Joseph A. Ingrahem. He was sentenced sx mouths to the Penitentiary. John Marshall pleaded guilty to the larceny of laces and received the same seute! REWARD OF VIRTUE. Bridget 0’ Keefe plead guilty to stealing forty-eight Gojlers’ worth of weariug apparel belonging io Mra, Wok | Gooawin, in whose employ she was as servant. | “How oid are yout’ asked the Judge. Eighteen,” she answered. ‘Are you virtuous /” “Yes. “Temperate” “Yes.” | “Well, as you are young and virtuor | perate Ill send you ome year to the Peuti aid the Judge. o | “fhank your Honor,” replied Bridget, and she went away smiling, Tho Walker Johnsor Homicide, A second aplication was made for a stay of pro- ceedings in the case of Join ‘Thomas, colored, found guilty of murder in the second degres in kill- ing on the 80th of December last Walter Johnson, also coloured. Mr. John A. Goodlett, argued the motion for the Prisoner at good length. . Garvin, District Attor- ay opposed the motion. he Judge reserved his decision. nd tem~- atlary,?? SUPREME COURT—CHAMBERS. Alleged Attempt to Precure a Diverce Bogus Testimony. Before Judge Barnard. Joan C. Lom vs, Eoaline M. Lom.—A motion was mace % conSrm the report of R, 0, Beamigh, Toferee, to dismias the comptamt on the ground of | ‘the incredibiitty of the principal witness, the action | being brought for divorce upon the charge of adul- tery, It was also gought to compel the plaintiff to $1.000 counsel foes to tae defendant's attorney. Pade course of the argument it appeared that tne bry had bee orderec to pay to his wile twenty jollars am nth during the pending of tne suit, bat had not done so, A motion for attachment against the plainut for non-compliance with this order was abo pending, ‘The Judge confrined the report of the referee, but reaerved his decision as to counsel fee. Subsequently the defendant's attorney stated that the alimony bad been paid, and the motion for atlachment Was withdrawao, Declaions. Riza W. Smith vs, arthur @. Smith.—Motion granted to set aside order and juagment, Graham W. Stmilair vs, August Sinclair.—Motion dismissed, with ten dollars costs, Jonn Ross v8, John H, Butt et al.—Motion granted and receivers appointed, McMillen vs, Rindskef.—Motion granted on pay+ ment, a ten dollars costs and disbursements of Pp . John Vogel et al. vs.Jonn Dill et at.—Reference ordered, oo vs, The Mayor, dc, of New York.—Motion Van Bird et al. vs, Walker et al,—Motion granted upou payment of costs, £. 2. Cook vs. Arthur Teft.—Motion denied to change place of trial, ana case referred to hear and determine, Campoell vs, The Mayor, dc.—Keferencs ordered vo hear and determine. Mary A. Doncthue vs, Witltam H. Moore et al.— Relerred to Judge Van Brunt to settle the cuse. Lasius v8. Hor ft et al.—Motion denied, Harishorn et at. vs, Taylor.—Motion denied. Lampley et al. vs. Claric.—Mowion Pad apon payment of ali the costs of the action to date. Harve & al. vs, brewster ei a—Motion denied, Dinsmore vs, Adems.—Motion denied, Van Bul et at, vs, Waiker et al.—Motion granted | on payment of trial fee, jurors? fees, disbursement and cosis of this motion. dn the Maer of an arbitration between Na- tional Railway and Trust Company vs, George L. Chapman et ai,~-Order granted. SUPREME COUNT—CIRCUIT. Verdict Agninst an Ineurance Company. Before Judge Sutherland, Nathan Gotlourger vs. the Nort American Pire Mrsurance Company.—The plalutu had a stock of B0ds tn his store tn Wiimington, N. ©., insured: for $5,250 in the defendants’ company. The’ store and coutents Were burned and the deiondants refused to Ay the INSurauee, alleging that lie piace wos sev on fire and that most ol the goods were removed bee fore Une burning, and heuce the wringing of this suit, Consideravle testimony was days. amount! SUPERIOR COURT—TRIAL TEAM—PART |. Action ep a Life Insurance Policy. Before Judge Monell. Elizabeth R. Cofee vs. The Home Life Insurance Company.—On the 15th of June, 1868, the husband Of the plaintiff took out, in Cincinnati, a poucy ‘of life insurance for $5,000 in the company of the de- fendants. On the evening of the same day he took passage from Cincinnati on a steamboat ior Louis- ville, and the next morning was found dead in his siateroom, The defendants retusing to pay tie amount of the policy tuis suit Was brought, The de- fence 1s that he committed suictle, whica, according to astipulation im their policies, makes the same vold, lis stomach was examined and xome morphia unabsorbed, it 1s claimed, was found tn 1t, ne of Lhe Witnesses is Proiessor Doremus For the prosecution it 1s clatmed that death resulted frem natural causes. ‘The evidence showed that deceased had his life msured in other companies for $40,000, some oi which hud been paid in ail and others ‘The case is stil on. SUPERIOR COURT—GENERAL TERM. The Application fer a New Trial of Joho Pur- coll, Convicted of Mvrder. Before Judges Ingraham and Cardozo, Jonn Purcell, Plaintiff tw Error, vs, The People, Defendants tr Hrror.—On the evening of May 24, 1869, the plalbtlf shot William Kiernan in Sheriff | street, causing his death, On May 28, 1870, he was convicted of murder in the Court of General j Sessions, with a recommendation to mercy, The circumstances of the killimg and the trial are too Well remembered to require repetition. There was 1 a lengthy argument on the appeal for the reversal | Oi judgment. It was urged that the evidence was | insui.cient to justify a verdict of murder In Ue fret degree, and that Justice granted, it was also lualsted that there were fatal errors in the charge of the Court to the jury. Against the appeal it wus contended that the lone cide Was murder In the first degree and could not be regarded inany other light, and could net be construed into any @egree Of Mausiaughier. Whe Court reserved iis decision. SPECIAL TERM. Devisions. Before Judge Freedman, Bugene Perry vs. Jans O’Brten.—Order granted. Tanes G. Fish vs, The Sizih Avenue Ratiroad Co,— Special sherif’s jury fees to be alowed, Richard W, Lundy vs. Wiilam HoFman.—Motion granted, i ae nt S, Ritter vs, Samuel Phillips et al.—Motion lemcd. Nugent Ritier vs. Margaret Kuluer.—Motion de- med. Margaret Moloney vs, James Scott et al.—Motion denied, without costs. Before Judge Jones, Jidia Newberger vs. The krie Kailieay Co.—Case settled aud erdered to be filed. COURT CF OMMON PLEAS—TAIAL TERM—PART i, Action for Slander. Before Judge Loew and a jnry. Begerow vs. Hessels.—The plaintiff was employed by the defendants as a jeweller and diamond setter, and brouglit this action for damages on the ground that his employer had slandered him by charging him in terms with larceny of gold given to him tn the prosecution of his work. The defendant brought Ward wituesses to prove that piainiidt had been arged from anotier jeweller’s on the same charge; but no testimony Was given which showed directiy that any of the goid alleged te haye been stolen Was found 11 possession of the plaintiff, or that he was seen to take if, It did not appear that the alleged siaader was uttered in tie presence of any third party. The jury jouad @ verdict for ae Teadant. COURT OF COMMON PLEA! Decisionr. By Judge Robinson. Thomson ws. Gilender.—Findings settled. By Judge Joseph F. Daly. Brady vs. Brady.—See memorandum with clerk, MARIKE COURT—PART 1, Action on the Stability of a Bailor. Beiore Judge Joachimsen, Wardirell vs, Carnana et al.—-This is an ection brought to recover the sum of $500. The action igs brought apon an undertaking by the defendants in a suitin the Supreme Court of Tyler W. Wardwell, the present plaintiff, against Stephen 8. Carnana, one of the present defendants, in which the delend- ants in this action became bail in the sum of $500 for the delivery of certain property to the platntu if such delivery stall be adjudged, and for the pay- ment to the plana of such sum or sums of money as miglt for any cause be recovered against the de- fendant, Stephen 8. Carnana, yp that action. One of the delences 13 that this’ undertaking was ob- tained from the sureties by fraud. DECISION. Judge Joachimsen said;—Upon the evidence in tms case I must entirely exoverate the piaintift from even a shadow of suspicion that he, by any fraudulent manceuvre, induced, elther divectiy or indireculy, (he detenaanis in tis action vo become vail, ‘The mort that can be said is that the adviser of the defendants did not correctly advise them as to the labulty which they assumed, ana in that respect J Cannot say that these defendants must be resuined to kaow the law and to have known the egal eifect of their signatures to the paper to which they voluntarily became parties would ne- cessarily be. As far as the defendant Wilson is SPECIAL TERM. concerned, he, according to lis own sestimony, signed this ‘undertaking with a view of recovering from the Sherif a deposit of $500 cash, which he had made jn lieu ot ball. In the action tu the supreme Court the de- Jendaat, Stephen 5. Cernana, eifered to allow judg- Ment te be taken agalost him lor the sum of $600, ‘Tbis was @ legal and lawful mode of terminattn, the coptroversy in the Supreme Court recoguize by statute, aud to whico the sureties cannot object. Upon this offer the Supreme Court directed a judg- ment, in conformuy to law, for the recovery of the Possession of the property described in the com- Plaint 11 tie Supreme Court, or, if possession of the same could not be had, the valae thereof In the sum. of $500, together with damages and costs, amount- ing in all to $674 64. Jt was for the Supreme Court to judicate, and they have adjndicated what the judgment. should be which was to be enteréd updn the effer. The undertdking liself shows thas the property claimed tn the action had been concealed or removed er dis} of with intent that if shonid not be found or taken and to deprive the plaintiff of the benefit thereof, and there- fore a judgment for the property was in terms merely @ judgment toa purpose which it rs taken, lasting two | ‘Tae jary brought ina verdict ‘for Lue whole | | manded for sentence. i | pares were connected with him in committing the equired a new trial to b+ | 4\) | * | ton, grand larceny; lv: of stephen &. Oarnana, and judgment must be or- dered ngainst them for $426, with coats and allow. ance of twenty-tive dollars, Decisions. . Before Judge Joachimeen. Fredericks vs, Kuechoodu.—Judgment for plaintia® for $281 66 and costs and $25 allowance, Myers vs, MoCagel.—Judgment for defendant for costa and $15 allowance. eponats ra ortneJudgment for plaintiff for 100 damages and costs, eee meereceanees * stelt for $42 costs and $26 ailo . a fet Ke Lar judgment for plaintiff for $76 ag°s an allowance. Me enzie Pe aah inerment for defendant for costs and $10 allowance, Wolf vs, Wolf,—Judgment for plaintiff for $93 28 and $25 allowance, COURT OF GENERAL SESSIONS. Before Recorder Hackett, PLEADS GUILTY TO ROBBERY IN THR FIRST DEGRER, ‘The first case disposed of yesterday was an indict. ment against John Costello, who, on the 17th of December, in company with another man, forcibly took from the possession of Simon O'Neil, at mid- night, in Cherry street, & pocketbook contaimmng fourieen dollars, The prisoner pleaded guilty to robbery in the first degree, and, on motion of As- sistant District Attorney Sullivan, eentence was postponed till to-day. ARRAIGNMENT OF VAN RBETEN, THE ALLEGED FORGER. N. Van EFeton was arraigned at the bar, charged with forgery m the third degree, ‘ihe in- Gicuuent set Jorch tat on the 1210 of Uctober, 1570, he counterfeited a check upon the National Park Bank (or $77,500, purporting to be givned by Hall. arten & Co., with intent to delraud Barney, Fargo Goddard, tt will be remembered (hat iast Juue Van Eeton was tried upon a similar charge, When the jury failed toagree, AS Soon as he get Cut on bail he left the city and was pursued by a detective officer trough the Southera States and brought back to New 1ork. ‘The accused pleaded not guity and the trial Was set down for next Wednesday, A FIEND'SH OUTRAGE UPON A LITTLE GIRL—TAR PERPETRATOR SENT TO THE SYATB PRISON FOR AWENIY YEARS. The attention of the jury was called for some hours to acharge pre erred against a young man baned Charies McDermott, Wao, as the prosecadon claimed, on the 4th of January perpettaiea an out rage upou Eliza J. Douohue, a lite girl twelve ears of age, at her parents’ humble apartuaemis Mm Formeth street. The charge was folly establisned, and the jury, without leaving their seats, returned a verdict of Quit. . Recorder Hackett, In passing sentence, satd:—A more bratul case of outrage, or one more cearly proven, as never passed under my observauoa. 1 omy tegret that Lain mot at Moerty nuder the Law to ! sentence you to death, for that would be an appro- priate penaity ior Lue Monsireus crue of waicd you ave been convicted, Lsentence you te the state rrison for wweaty years at hard labor—the extreme penaly of the jaw. The words, manver and the tence of the Court seemed actuaily to thrill the prisoner with the first couselousuess of the enor. ‘mity of the crime he nad perpetrated. He was then removed to prison to awaltl escoré to the Lying tomb to which his own crimes have consigned him, AN OLD STATE PRIEON BIRD CAGED AGAIN. John Dougherty, who pleaded guiity to grand larceuy early im the week aud Was remandeit tor sentence antl the Recorder inguires a3 to his pre- vious, Was broaght up for sentence. The colloquy between the Recorder and the prisoner was very brief, but amusing, The prisoner admitted that he served @ ierm of three years in the state Prison, and that last summer he pleaded guiity to petty Jarceny before Judge Bedford. Dougherty was sent to the State Prisou for tive years, 4 POULTKY OFFENCE, William Barley and Henry Russeit were placea on trial charged with stealing two casks of turkeys on tye 1ith of January, the property of Henry &. Burr. As une case progressed Mr. Howe, their counsel, offered a plea of ,etty larceny, which was accepted by Assistant District Attorney Jerome, and tie Re- cones sentenced them to the Penitentiary for six mouths, AN BXTENSIVE BURGLARY IN CHAMBERS STREET— ONE OF THE BURGLARS PLEADS GUILTY. James Curran, by aavice of his counsel, Mr. Howe, Pleaded guilty to burglary in the third desree. He Was charged with burs ieee entering the pre- mises of Acker, Merrill & Co., 132 Chambers stre*r, by forcing the cellar door with @ “jimmy,” Turee thonsand dollars’ worth of cigars, wuich the com- plainants tdentitied, were found upon the prisoner ¥ a police Oficer, who arrested himin tue street Whic he was driving a wagon. Curran was re- It 18 supposed that other burglary. PLEADS GUILTY. Henry McCann, Who oa the 16° of January stole thirty-one dotlars in money from Thomas McCGattrey, pleaued wuiliy to petty larceny and Was seut to ule | ‘eaiteatiary lor six months. Tae following ts the calendar for to.day:—The People vs. Minnie Davis, arson; Same vs. James D. burglary; Same vs, Hare Jaise preteuces; Same vs. Samuel Veu- Same vs. John Taylor, do. ; Sane hate Foley, 3; Same vs. Michael P.izgera'd, | do; Same vs. George Wiison, do; Same ys. Mae mieane Dauserau, peut larceny, COURT CALENDARS—THiS DAY, SUPREME COURT—GENERAL TERM.—Held by Judges Ingrahem, Barnard and Cardoz pens at half. past ten A. M. Non-enumerated motions. SUPREME Covrt—Crmouit.—Part 1.—Held by Judge Sutherland.—Opens at half-past ten A, M.— Nos. 64, 141, 27, 2799, 285, 61, 33, 3), 252, 26925, 41, 61 59, 21, 77, 87, 89, 91, 93,95. Part Held by J Van Brant,—Opens at eleven A. M,—Nos. 97034, 1608, 5: » 202, 183, 228, 244, 246, 250, 252) 252, 256, 262, 264, 266, 263, 270'<, 274, SUPREME COURT—SPeCIAL TERM.—Held by Judge Ingraham.—Opens at half-past ven A. M.—Vemur- rers—Nog, 8, 10, 11, 17, 19, 25, 25. Issues of law and faci—Nos, 35, 37, 58, 89, 40, ‘41, 42, 43, 44, 45, 48, 47, 45, 49, 60, 51, 52, 53. SUPREME T—CHAMBERS.—Held by Judge Bar- nard.—Nos. 44, 128, 145, 165, 193, 221, 246. Surerok CourT.—Part 1.—Held by Judge Monell, Nos. 73, 275, 447, 39, 359, 471, 181, 345, 95, 47%, 45%, 3. bart'2.—Held ‘by’ Judge Jones.— 1172, 512, 350, $26, 316, 322, 356, 360. Common PLEAS.—Part 1.—Held by Judge Loow.— Nos, 658, 537, 582, 583, O84, 586, 586, 587, 58x, 689, 690, 601, 592, 693, 594. Part 2.—Held by Judga Daly. 156, 52%, 542, 547, 461, 62, 567, 568, 662, 670, 571, 3) O76, art. Ware 3. —uield by Tudg i 1 977, 5008, 6608, 5604, 5027, 5932, 5033, 5034, 5 5046, 6047, 5048 Part &—eid by Judge T Nos. 4993, 6114, 5575. racy. — DANGERS OF “COASTING.” In Newark quite a number of serious accidents are reported from the youngsters’ careless “coasting.” The police have at length received tnstructions to put a stop to it. While a well known elderly citizen, Robert Steele, of No. 20 Baldwin street, was crossing the toot of Court street, @ steep one, ne was Knocked down by some urohias, and tn,ure lt #0 seriously fears for his recovery are entertained. Singularly, the phvsician who attended him, Dr. daines B, Cutler, while returning from visiting him yesterday, slipped on the sidewaik ia Baldwin Street and hurt bimseif #0 that he had to be teken home in asicigh. The doctor had just got over a very critical situation. In performing au operation ona patient some poisenous matter entered his hand wee a pimple. Fora time it was feared he wouid lose his hand, Anotier elderly gentieman, Mr. Van Riper, of Bleecker street, between High and Piaue, was knocked down by a sled and severely hurt. Matthew Kilroy of No, 44 Willlam strect, proke hia leg and dislocated his shoulder joint, OK GUT FOR iMPOSTORS. Fire DEPARTMENT, CITY OF NEw YORK, } OFFICE OF CileY ENGINEER, NEW YORK, Fed, 8, isTl. j To Tue Eivok OF THR HERALD: It having been reported at these headquarters that some persons are making collections for the relet of an mjured fireman, the public are cautiened against any such impostora, and they will receive the thanks of this department by having them prompuly ar- rested, In this connection I would take occasion to Say that the members of tue department have never 1D One instance Nad any of tuelr pay deducted wuen they have become sick or (isa vied In its service. Respectfully, JoSiPHL. PERLBY, Chief Bngweer, WeW JERSEY ITEMS. A Coal famine ts in prospect in Paterson, Stove coal 15 selling at eleven dollars per ton and nut s1z0 18 not to be had, although some was expected by the railroad yesterday, Most of the shops and fac- tories usndlly lay i enongh In the fall to last through the winter. Consequently, the scarcity 1s Most felt among private familtes, and generally those of the poorer Classes, There ara about 400 tons of cual used in Paterson per d A man giving bis name as William Niblo was arrested on Tues@ay might in Paterson, charged with setting fire wo the barnof the Cedar Lawn Cemetery Company, which was consume? a few days ago. Niolo admits uaving set fire to the barn, saying that he slept init during the night and was so Cold in the morning that he set fire to the building to warm himself. He appears to be crazy on the subject of tes, saying it was bis intentiov to burn alltbe barns in ihe city as soon as ho could get a chance. On other matters, however, his conversi- tion 1s rational enongi, and, in fact, he indignant, denies any hints made as to his being of unsoun mind. He was committed for trial. 4 man named Edward Keaney was arrested yesterday in Paterson for committing an assault upon ofiicer Barry rags one of the phen of the police force. “He was bailed to appear at court. ‘The Father Mathew Society of Kngleweod havo hired a hall for their future ineetings, and at the last upon the Undertaking the defendgat had ineffective in anticipation, 1 am bouiad to hold these deiendants tothe letterand spirit of the upder- taki They are entitled to a credit of seventy-five aqvara, mogeys rece!ved by the oa accegnt meeting resolutions were passed thanking tie hberal gentlemen of different juasions Who aided thein in tie good work, “amon them is the Rev, Boniy W, Booth, je Larre- | i) | Andrew Wrightand Robert Smith, officers of the | dant, W) SMUGGLING. A Purser and Storekeeper of a Eurcpean Steamer There have come up of late several oases of smuggling in which the parties arrested were charged by the Custom House authorities with secretly conveying tuto this port from abroad Valuabie goods, such as laces, silks, velvets, dia- monds and other duttable articles, in violation of the revenue laws. Among the latest of these cases is that of Ridcliffe, charged with smuggling @ large quantity of valuable diamonds from London, whose examination 1s still pend- mg before Commissioner Osborn, The present case is that of the United States against steamer Europa, who are charged with having | smuggled o1 board that vessel valuable laces and silks, and further charged with being, in connection With these siuggling transactions, in collusion with a hrm doing business in Churen street, as will be seen by the report of the proceedings taken before Commissioner Shields, as reported beiow. The lively tit between counsel for ths defendants and the principal witness tor the prosecution will be | found not the least interesting portion of the exami- nations The United States vs, Andrew Wright and Robert Snuh—Wright is purser and Smith storekeeper of the steamer Europa, and they are both charged With having sinaggi¢d into this country, on board the steamer menutoued, a large quantity of laces and SUKS. A concise Dut comp eeusive account of the transaction appeared in the kkaLp of Sunday, The aetendauls were represented by Judge stuart as couasel, Mr, A. H. Purdy appearing jor the gov- | exnmeat. TESTIMONY FOR THE PROSECUTION. The first watuess examined was James S. Chalker, special agent ofytoe Treasury Department, He suid:—L arested ihe derendant, Wright, in New Jersey; 1 had a couversation with him; lie was thea iu taue custo ly of Chief Powier, at the police station, A this pout counsel tnterpos -d for the purpose Of seeing how sar ins evidence was adailssibie. In reply tue Judge, ue wieness suid:—the aefen- right, Know f Was an odicer of the govern. ment; L tod hint so; did mot give dim to uaderstand that he was unuer arrest on a charge of smugaing conversation With win about counsel nderstand that 1 he Kuew the government wo.ld be Jenieni; wien | saw him in the olive Btauioa =f asked him, “Well, Captain, what is the imatier!” he said there was nothing only a little trouble; I next saw the prisoners inthe court helore Commissioner Moorehead, to whom I was in- troduced by Chief Fowler; L showed the Comimise sioner iy warrant, snd then I had @ conversation With him about the case in the presence of Ulief Fowler; afver tis I told Wright that {thought [ knew the party to whom the goods beiouged; L Wrote the name of tae party on a piece of paper and showed It to him: “Yes,'"?he says; “but vou bave bot got the mame of the street—Wuson & Gill- gan, 183 Church sreet;” I had a further conver- sation with Wright om the subject coming over to New York, To Judge Stuart—After coming from the police office w the boat at Jersey City | had another cou. versation with Wright; I asked him what he brought on the last trip and what those parties paid him. and whether they always paid him cash, and also said to him that the goverumeut were always disposed to be lemient to parties wio ia Cases of this character told the truth. Counsel for defendant objected to the testrmony, Decause a coutession as to smuggling conid not be putin evidence until there was sume proof given that an act of smuggiiug had been commitued, i aes Facts eabonianed ae cae was no reas luducement implied in the language employed by Mr. Chaiker to Wright. Counsel—Did you at any time have any conversa- tton with Wright to the effect that you would secure himself and wife employment’ Witness—I will not aaswer that question. Counsel—You must answer; your manner Is very arrogant, sir. Witness—That's good. Connsel—You mast answer. Did you say to him, before you brought tim before a magiscrate, that you would get hima situauon? Wirness—No: [ did not, . Judge Stuart contended that there was an indnce- Ment held out to Lie prisoner, While tinder arrest, to make statements to Chalker. The Commissioner leit the question open for dis- cussioa for the present, The witness, cont.nuing—{ asked Wright if he | brought anyiling over on the previous trip: he said. “Noy? but he said he had brought a number of pack- ages which coutained silks an. laces; Lasked him What he was to receive for them; he said £2 a pack- age; a ked) him who the goods were in charge of vu the voyage; he said the storekeeper: asked bia Uf he thougut the storekeeper would ve on board; he said be wuonght 30; I Went en board the steamer; fouud Sauih, the storekcener, who said he would not say much wniess Wright would let Dim; Chief Fowler walked along with Wright and I waiked with Smii to the court, woea Wright said be thought they had better own up ‘he wavie tuing, Q. Did you not tell the prisoner (Wright) that 1% was not he tuat was wanted; tuatit was others; that if he told all he kaew he could go to sea a6 once? Witpess—No; nothing tn regard toe going to sea, Q. Dou't quaily 1% Did you say anytuinyg to atm Vike this—that it Was not he that Was Wanted, bub others? Witness—No. Q. did you give him to understand that if be afforded faiormation at once about ali he knew he | Would be permitied to go away to Europe? Witness—No, Q. Ave you sure nothing of that kind was sald be- tween you or itm? Witness—Yes. Judge Stuart—Cod help you; anid I would not say that only for the tniormation I have about the wit- hess, Wiese memory 1 will prove to be the worst in | the world, Counsel then argned that the statement made by the witfess Chaiker to Wright was a threat, and | snould therefore ve ruled out, The Commussioner reserved his deciston upon the pemt til Friday, w wich day the case stands adjourned. if he told THE STORY OF THY LAMP. How }wo Young Girls Were Burned to Death in Brooklyn. The funeral of Mary Hickey and Catharine O'Rorke took place from No, 11 Grand avenue, Brooklyn, yes- terday, in presence of 2 large concourse of mourn- ing friends and relatives. Eoth young girls died of burns recetved on Sunday night last uy the explo- sion of a Keroscne oillamp. The testimony elicited by Fire Marshal Keady tells the SAD STORY OF THE CATASTROPHE. Tho afldavit of @ neighbor, John Brennan, shows as follows:—I live in Grand avenue, near Washing- ton; on Sunday night last, about six o’clock, I heard the ery of ‘fire, and was in my own house atthe time; Iran into the street, and saw there was a fire in the house of Mr. Hickey, No. 11 Grand avenue; I met Catharine O’Rorke in the yard, en- veloped in flames and screaming soudiy for help; I took hola of her, tore the clothes oi her, and gave her into the hands of her father, who had then arrived: she was fearfully burned; I then rushed into the house of Mr. Hickey, which Was filled with ire aud smoke and found Mary Hickey lying on the Noor near the door also envel- oped in fatnes and calling piteousty for atd; her father was trying (0 put out the fire, but could not do 80; Lthen got Noid of her and pulied a portion of the clothing of, but her hoop skirt prevented me from tearing off her under garments; 1 persevered, however, until I removed neazly al! ner clothing and pat the fire out; L carried her into a room and jad her on @ bed and rw ome sweet oi over her; when she could talk T asked her how the accident occurred and she told me that tt was caused by tue lamp falllog from the stem onthe atove; that the off took fre and spread in all directions and over ber clothes; I taen left her ta charge of some ladies Who were present, and she ilagered aloug in great agony until About noon, when sue died; Catharine O’Rorke lin- @ered in great pain until Monday evening, when the, too, expired; i was badiy burned myself, as Was also Mr. Dickey, father of Mary Hickey, in our eiforts to sippress the flames and save the poor giris. FARMERS AS PRODUCE BROKERS. The Loug Island farmers have been anxtously awaiting the decision of the Revenue Department Tegarding (heir lability to taxation as produce brokers, The decision was received by John O’Don- neil, Jr., yeatercay, The commissioner holds that far- Mers docowme within the meaning of tho law, and must be taxed accordingly. He evidently takes an in- correct view of the argument submitted by Mr. O'Donnel. Under the same argument Mr. Delano re- leved farmers from Hanility, Comintssioner Pieason- ton holds that while farmers do not sell their produce from any fixed stad or stand, they seli it from their wagons which are kept syandiing in one piace ag long a8 the owner ofthe property will permit. Col- lector Vau Wyok will therefore proceed and collect the tax. An appeal is to be taken, and @ pretracted litigation is Inevitable. THE KILLING OF LOUIS BAUS. Coroner Young yesterday morning took some fur- ther evidence in the case of Louts Daub, the Ger- man, late of 485 Fifth street, whose death resulted from injuries alleged to have been received on the evening of the 25th ult. by being ran over, corner of First avenue and Street, by one of the cars of the Second Avenue Kallroad pany. No Hed some were 1n court was witnessed ply oe ‘Veatigation of the se j and aid more in the provinces than its usual wilt! | most strangers; but the time passed each town wags excecdingly short, an | than descriptions, What she does minutely @ ee | LITERATURE. Criticiams of New Books. Suton: Wirnovr anp Wrrem, w. 1 das, P, Dutton & Co, New Yon ‘This is a book of decided merit, It is well ten, and the authoress gives evidence of deseriptive powers. We are iold in the preface “Shadoh is not @ creation, but a growth,” and think {t has somewhat outgrown its legit mate proportions. Some of the and especially some of the con’ detailed, would have been better had been shorter. ‘Shiloh’ is strictly @ book, The reader is duly warned by the auth to look neither for a novel nor @ remance, but * simple story of common Life, ag life commouly r. without mtricate plot, strict unity or close quence.” We cannot, therefore, justly complain the absence of any of these qualifications, ob’ though it may be, and must award praise to th talent that cam interest us ta the common) scenes with wiich the book abounds, ‘The story of “Shiloh” is told tarough a series letters, written from a village of that name, by Winnie Frost, a young lacy who has there sougl temporary refuge from the gayeties as well as cares of city Ife, Heartsore trom the conviction her lover's infidelity, she seeks relief in perfect ret ment, and is soothed and almost coaiorted, arst tue natural beauties of the neighnorhood “Shiloh,” and next by her self-assumed dutt Amoug its people, These letters. which are medium for conveying to us her history, are dressed by Misa Winnie to her det friend, and it must be confessed that from first last she exhibits so keen an appreciation of he meritorious acts as tends somewhat to desi ‘our own, Had = she but added , humiltt to her catalogue of virtues Miss Wionie Frost woul have been almost perfect, notwithstayding her som what masculine fund of lufornation and tone character, “Snilon’’ is intendea to make apparel the continual struggle between good ana evil in U homaa heart, of which we are ail more ol jess sensible, Unfortunately, however, the are comparatively few who, lise the youn lady in question, mvariably side with “Bona,” in driying “Mala” in confusiot from the fleid, A less perfect character wo therefore have better exemplitied this struggl But “Sutloh’’ ts also designed, we thing, to m: apparent that no, duty performed, no service offere 13 too slight to be acceptable to God. *Whatev thy band findech to do, do It with thy might,’ or, use Mrs, Jay’s words:—“The sterling usefulness doing quiet duties in quiet ways, unobtrusive and uncomplainingty, is one which, the world may make little account it, God will surely bless and abundant reward.” The case of Naaman the Syriany who “was wroth” when he was told by simply to wash in the river Jordan, and tho he should have been told “to do sume great thing,” 1s no exceptional one, It is this fecling that littl acts must be valueless which the authoress “Shiloh” earnestly combats, ‘As whole acres Perstan roses are required to make a single ounce pure citar,” she writes, “so the soul's balm 1a slow product of a long course of right living an thinking—every separate act and thought of whic contributes itsown minute bat precious particle sweetness to the rich result.’” Farr France. By Miss Mulook, anthor of “Jon Hatiiax,” “Olive.” &c., &c. Harper & Broth New York, publishers. * All of Miss Mulock’s works are readavie, an “Fair France” is no exception to therule. Yot must be confessed that 1¢ 1s by no means equal most of her writings. Itis a sketch of the authorsss’ “impressions” France, formed during three separate viaits (all ver short) which she paid to that country. There propably never been a time when the title of book would bave attracted more attention and mor readers than now. But we think few of these not experience a sensation of disappoint meng as they peruse its pages, To sure Miss Mulock appears to have travelle: her accounts of them are, indced, impressions rath scribe are the cathedrals and charches, These aj pear to have absorbed her attention, to the exclu sion of mahy other things which would certain, shave been equaliy as interesting to her readera, “Siu looks aown from the heights of her Protestant sup riority upon the Roman Catliolic religion, an although we must do her the justice to say that she endeayors Ww speak of 1. without prejudice, she d so with an air de protection which 1s sometime amusing. In describing the town, of Chartres authoress says:—‘“It is not a town possessing cathedral, but a cathedrai with a smali append: of atown;” and we couid not help thinking, as read the remark, that her book was a sort of liter: Chartres, Instead of giving us (as tra title gives @ right to expect) a general idea of Franet herself, with, of course, accompanying sketches her churches, it is in fact a picture of the chureht w.th merely an outline of France. -Yet “FP: France’ is pleasantly written, ts original in sty) and altogether well worth a pernsal, In her a count of her day in Paris Miss Mulock (we speak her always by her maiden name, since lt was und it she acquired her popularity) say: “AS one tre verses that wonderful modera city, yearly chang! ‘so fast—new streets, avenues and faubourgs rising until historical Paris i3 almost entirely obliterated. one canvot help wondering wiiat will be the stot of the future, what new events, what possible tra; dies may still be enacted there.” ould se bavi looked one short year ahead how many cha) Would she have foreseen—aye, ana tragedies, too! Nores, EXPLANATORY AXD PRACTICAL, ON 7 g DER; by Albert Barnes. New York: Harper 5 ) This 19 @ revised edition of a work designed fot Sunday school teachers and Bible classes, The ol Ject, according to the author, is to express in as fe words as possible, the real meaning of the Gospelsg the results of their critical study, rather than process by which these results were reache Although Mr, Barnes cannot be expected to ni monize to every oue’s satisfaction the diiferent ini pretations of certain Scriptural passages which havi set the whole Christian world at variance, yet iu hi explanations of words, phrases and customs, an description of locaiitics, he evinces a great deal thougiitful study and deep research, He also show! that there is no real contradiction in the different narratives of the evangelists of the same events. [ is admirably suited to the purpose for which it written, HIAss BREITMANN A&S a UNLAN; Bacuaps. By Oharies @. Leland. & Co., Philadelp! 1 This is the fourth series of the somewhat famo: and popular Breitmann books, the success of eat goes far to prove the preference of our people fe buriesqae humor, particularly when it seeks utter ance In verse. The present volume is published Peterson's neatest style, with @ most suggestiv Mlustrated cover, and is full of thrilling warlike ad« venture encountered just for fun by the “Pennsyl vanta Dutch’? cavalryman, who inspires Mr Leland’s muse, - 1 Wirn Orner New T. B. Potersom , The Magazines, Backyrood—the most venerable, the most unpres tending in appearance, and yet among the most substantial of all pertodicais—is laden with richy freight for January. Excellent papers on Palmers ston; the uewest hooks; the Red River Expedition, with the usnal choice of fictlon and poetiy, rend It as attractive as ever. Good Heauth; @ Jonrnal of Mental and Physi Culture. Alexander Moore, pubiisher, 11 Bromfel street, Boston. The February number of this valu« able magazine contains a series of interest articles On various matters pertaining to that m benedcent of ‘all sctences, the preservation of health. The special article on this subject by Pr. fessor Kneeland and those on “Consumption” an The Artificial Pupil” will aturact peculiar attention, Where all are good. Van Nostrand’s Rolectic Engineering Magazing for February fally bears out the exaited reputation which this most valuable and practical repertory has aquired by the learning, thoroughness and va-