The New York Herald Newspaper, March 9, 1871, Page 4

Pe KU KLUX KLAN. Curious Developments at the Holden Impeachment. Reformatory Powers of the Organization. Present Aspect of the Governor’s Trial—Charac” ter and Appearance of His Witnesses—The Oath of the Ku Klux Elan—An Alphabet, Signs and Characters—One Camp Executed the Decrees of Another—Specimen Out- rages in Alamance County—The Klan as Moral Reformers—They Whip Men for Iilicit Interoourse with Womon— Miscogenation a Crime with the Klan— An Unmarried White Woman with Five White and One Black Child. RALEIGH, March 6, 1871. ‘The impeachment trial progreases slowly, but the Interest in it continues unabated, far about thirty-five of the Governor’s witnesses have been examined, comprising a collection of characters mot to be seen anywhere but tn the good old North Biate. There were among them cross-road white politicians of the Southern republican stripe; apostate members or the Ku Kiux Klan, who were terrified by Kirk and Bergin into making confessions; negro political leaders and members of Union Leagues; negro thieves, ex-convicts and the worst villains of that race; negro women, whose husbands had been the victims of the Ky Klux, and de- praved and abandoned women of both races— the entire party showing in their evidence the existence of a state of immorality, de- morallzation and semi-barvarism scarcely to be realized im this enlightened country in the nineteenth century. In appearance these wit- nesses strictly conformed to that of the classes of which they were the represenpative types. The White politicians had an alr ef semi-réspectability ond rufMfanism; the ex-members of the Ku Klux looked and were the lowest grade of the ignorant Southern whites—many of them with that half im- becile expression the iruit of immorality; the negro politicians were fair specimens of the tricky, cunning, but dishonest former slaves; the thieves and ex-convicts of the ordinary class of such negro characters, and the women the most degraded that can possibly be conceived. Notwithstanding this, however, and disreputabie and bad as they are in character and appearance, they have proved be- yond cavil the perpetration upon persons of their classes of over THIRTY OUTRAGES of the most flagrant nature, by the Ku Klux Klan, no cognizalce of which had been taken by the civil authorities; or if any of the alleged midnight offend- ers Were arrested and bound over, they cither never were brought to trial, and in no instance were they punished, While the defence has yet failed to es- tablish the existence of anything like an insurrec- fon, or even a quasi insurrection, it has been clearly Fbown that the civil law in Alamance county was partially paralyzed by this formidable secret organi- gation, which, in many and numerous instances took upon itself the punishment of offenders against the law where tne authorities had fatied to do it, And so far as shown there are few in- stances proven that outrages were committed on account of the political predilecton of any of the arues. The testimony of quite a number of the overnor’s witnesses has been successfully im- on and others have Larned out goed witnesses lor the managers. The Senate continues to give the case a tair and impartial hearing, and alloweda greater lattituae to the respendents' wit- esses than was at first expected. For the en- lightenment o! the readers of the HERaLD I submit A Synopsis of some of the outrage testimony, which ‘Will be found decidedly interésting :-— Peter Hughes, a witness called on behalf of the respond- ent, testived that he lived in the county of Alamance, and was a member of the White Brotherhooa, otherwise the K. K. K.; be was tn only one of their raids, but they did not whip anybody that night; upén béedomfhg’s ber of the organization be took the following oath :— a THE KU KLUX OATH “You solemnly swear, in the presence of Almighty God, that you will never reveal what is now about to come to your knowledge; and you never will reveal the names of the men who initis you; and that you have not and do not belong to the *Red Strings," U. L, (Union League) or H. of A. M. (Heroes of Amerien} pf any other political society whose atm and in- tention {s to estoy the rights of the States and of the peo- ple and to elevate the negro with the white man, and you are ‘Opposed to all such organizations, 60 help you God. “You now further awear, in the presence of Almighty that you will be true to the principles of the Bretberiwood and to the members; that you will never reveal any of its eaicts, orders or principles to any person, not even a known brother, or that you are a member yourself, or who are mem- bers; and that you will obey all calls and summons of the shief of your camp when in your power to do #0; aud should any member reveal any of the acts, orders or secrets of this brotherhood you will asdist in punishing him in any way that the camp may direct; and that you wiil not initiate or allow in thie brotherhood any ragicalor any one who sympathizes with then or who may have radical views, if in flu; power to prevent. And should you know of or eet any other or his family imposed upon by any radical or negro you will go to bis assistance or their assistance and render ali the aid ia your power. Or should you know any of them to be in imminent danger you will immediately inform them nd go to their assistance. And should you hear the word of alarm given you will go immediately to ascertain the cause and render all aid in your power. so help sou God. ‘The witness then stated taey bad a peculiar ALPHARET WITH SI1GN6 AND CHARACTERS. certain letters representing other letters. by which they could communicate witb each other without fear of detection; the members were all required to be auitabiy disguised and ready at a moment's notice to obey the orders of their superiors; the word of disiress was never to be used only in cases of the most imminent peril, and it was the duty of every member to go to the asaistance of others when called upon: whenever one cap decreed a person was to be whipped another camp had to do it, by which the members evaded detection in their immediate neighborhoods. A DOUGLE QUTRAGE—A MAN WHIPPED AND 6HOT. Caswell Holt, negro, testified that about three yeurs nised men, numbering sixteen, forced themsel use, dragged bin out of bed, choked him, tie’ him, and, after asking him about stealing certam cbickens, carried bim to the woods; they tied a rope around bis neck he was drawn up repeatediy, and to tell ‘about the chickens; he was then ped, each of the sixteen men rely wi ivi bim three licks apiece ; after this they ordered him to feave’ thy ‘county tn ten days or they would kill him; last Chrietmas, twelve months ago, they came ‘to. bis house again, and upon ‘bis refusal to open the door they fired into it, when he exclaimed, “There, you have shot me," they then left, andthe next morning he sent for a doc- tor, ‘who ‘extracted 'éix buckshot from his person, he had three suspected persons arrested fur this outrage, who had a fair trial and were acquitted. The next witness, whose case is a peculiar one, testified that be was ku klaxed; they took him out and fred at him ruck bir some licks, but he knew no provocation un- was that he compromised A BASTARDY CASE with his wife's sister;he was a butcher, and had cused of killi jistempered beef and selling it; be was accused of ki and ronuing off bis neighbors’ cattle was once bound over, but when the constable came to arrest him he resisted, aud assistance had to be called in which forced him to go. Leonard Ripley, another witness for the Governor, testified that he Was preseat at the whipping of Jack Bramson, a colored blacksmith, when he got a few licks also; this'was administered to him because he slept at Brameon's house that night, and (he Ku Klux said be slept and Tess it JACK BRAMBON'S: but though he had seed be woman frequently he never had anything to do with her: they said they whipped him for staying all night at Jack’s house instead of going to a white woau's house; the wife and mether of Wyait Outlaw, who UGHTER; HANGED AT GRAMAM, testified that the Ku Kinx came to their house in March, 1870, broke open the door, maltreated both of them, and’ took Wyatt from the house and a cord from their bed; this was ali they saw. Other witnesses saw a large body of mounted isgulsed men in the street wt Graham that night going toward be Court jouse. The body of Outlaw wi to atree in frontof the Court House next ee Saas m 3 alleged by some that Outlaw was hanged for shootag AY body of Ku Klux, whom he saw some time previous, and for threatening to shoot them whepever he saw ihem vain. this as it may, this was One of the mou aggravated and hore Fible outrages on record, and one for whicn some of the sed ire pga co be made to suffer. N Polly Gatlin, a white woman, testified that hersel daughter, Julia, were sitting up dy the tre at ther fesse ae Alamance overs year ayo, she having six in family, when Some seven men, dressed in' white panta and 4 KOC BOBLING, WITH HORSE WATR BEARDS, came, 11 WAS the egidest night of the winter, though she did $ot get cold AP pag she could not; Juia neard them first td, "The Ku th t and ‘Kjux are com: snd knocked: Julld sald, “Come if, oy goratcl they told ws to come out, that they were goffg to pull down the house; wé went out and they pulled it down to the bottom log; 1 said, “¥retty work for my neighbors to do;" I knew ema al. UNSEL— What ts your odeupation? W1txrss—I stay at home and atiend to my own business. CounerL—Have you ever been married? WitnEgs—{ never was married. CotNext—How many cbiidren have you! Wirxzas—L have seven children: OUNSEL—How many negro children are there among the ven? Wirnzss— NOT BUT ONE, THANK YOU; J did not keep « common brothel; I keep # decent house, as all my melghbors will testify; If ‘anybody says to the coi trary Whey say false; Lhad Tour of the wen bound over to Aowp the peace, Siu aitin, the daughter, corroborated the, testimony, of Pn ed that after thelr bo P “ ep golly ag bel y lived for thirteen dows ere testified that James 2 atiged that fice of. Mr. Siddie, one Faw jgome men at UP fut; shortly afterwards fe nity gSine ‘culee, and next morning he discovered that ‘asked Siddie what he had been Tor using obscene language In and for living im adultery with AN'S WIFE uta man of bad morat character; he { romained in the county several montus had been whipped ae . NEW YORK HERALD, THURSDAY, MARCH 9, 1871.—ThIPLE SHERT. ‘more amusing, they the whisk the oppo- Shee aide of his face ment recognized the party told him the; of which his wife bad counsel this wit Saat het shari ames : We'weanmaflers ‘Poe Ku Rive sccusod him White, jarios, He, too, borns on them. impertinentiy to white people and of of speaking !mper TAYING WITH A WHITE WOMAN, but he said he dida%. Some white women live near my mill who are bad characters,one of whom has black children. Theo follows another, James Cole, who was also whipped for liv- ng tn criminal intimacy with a gir! named Martha Parrish, Joseph McAdams testihed that he lives in Alamance. One night a of unusual size was placed at bis door. Un one end was written, “Hold your tongue or this will be your home” On another’ piace, inept “ALIVE TO-DAY AND DEAD TO-MO! | They fired off several guns in his yard, and when he opened the door the coftin slided in; but he Kickea it out. He isa Fepublican. Dr. John A. Moore, who was a former member Of the Legislature, testitied that he had been a member of the White Brotherhood; that while on a professional visit to Grabam he was informed by James E. Boyd that the Broth- erhood were avout to SUSPEND 6HOFF NER, that night. (Shoffner was the republican member from Ala- Mance county in the Legislature, and inourred great, odium aa the reputed author of the Insurrectionary act, which he introduced in the House; but it is well known that United ates Senator Pool drafted the bili and had it engineered through the Legislature.) Moore said he did not know it, Boyd aaid he was going to Greensboro, to be out of the county when tt oocu Moore then sald it would never do, and having been informed the route the Kian were com- ing to execute Shoffuer he resolved to mount his horse and, if possible, stop them. He imparted his purpose to a Mr. Bradshaw, who went in another direction to stop more. ‘They met ‘several mounted men, some of whom bad ridden forty miles to do the job, and Moore told them Sb off ner was not at home, and by this artitice succeeded in saving the man’s life. ‘These are fair specimens of the Alamance outrages, which seem te have been brought about by a thor. ol demoralized state of public opinion, growing out of the resulta of the war, the corruption of the republican leaders, and the bad principles instilled iato the negroes by Northern adventurers. CONVICTION is yet dubious, but there has been no vote to indicate the final result, The mest sirenuous exertions are being made by the friends of the Gevernor to save him, and if possible retain the government in repub- Ucan bands during his term at least. I am informed that two conservative Senators bave received anony- mous threatening notices in tne style of the Ku Klux Klan from republican sources, stating if they fail to cast the proper vote when the time comes they will be summarily dealt with. This is done with a view, if possible, to disgust the members with tueir own party, and thus drive them to vote againat impeachment and their provable conviction. KU KLUX MOVEMENTS IN SOUTH CAROLINA, (From the Yorxville (8. C.) Enquirer, March 2.) DEPREDATIONS IN YORK COUNTY. On Monday morning, 27th, about one o'clock, a party of disguised men, supposed to number fitty or sixty, cawe into Yorkville and proceeded to the Duilding known as Rose’s Hotel. In this building is the office of E, M. Kose, the county treasurer, aud a liquor estaolishment belonging to D. S. Rus- sell & Co, One ef whe rooms 1s also used as the oftige of the county comalssioners. A front door was broken open by means of @ piece of timber used as a battering ram. On entering the room the party who had effected an entrance immediately stated that the object of their visit was to ebtaia possession of EB. M. Kose, the county treasurer, and proceeded forthwith to search the house for him, forcing the doors of the building when they found one locked or fastened. The furniture m the roems occupied by the county treasurer and county commissioners was demolished, and the papers and records of the re- spective offices scatterea and strewn over the floors, The liquors in the barroom of Kussell & Ce. were also poured out and destroyea. A hole was made in the outer covering of the safe, but uv entrahce into it was effected by this means, During Monday the whereabouts of the county treasurer was not generally knewn; but on Tuesday be made bis appearance on the street. In an inter- view with him he tniormed us that when he heard a noise in the street he made preparation to leave the Prous: and that it was with the greatest aitticulty he escaped from the crowd. The butiding sustained no jurther ujury than the forcing of the doors and destruction of the ofiice furniture, as above recited— the only object appareutly of the raiders being to get possession of the treasurer. There are stories in circulation of other acts said to have beea commit- ted by the “Ku Klux” at this building, but they lack confirmation, for which reason we witbhvld them. The raiders next visited the dweiling of Thomas Wright, colored, one of the county cotmumissiouers, probably tor the purpose of capturing him; but he and bis family had taken tue precaution to absent themselves, and fortunately no violence further than slight injury wo a few ariicles of clothing and the breaking of a lamp occurred at this house. ‘The party were mounted, though while engaged in town their horses were {n a skirt of woods in the vicinity. We —— they remained about an bour, and when they left took the Howell’s Ferry road in the direction of Broad river. A NEGRO MURDERED. On Sunday morning last news reached town that on the night previous a negro man namea anderson Brown, living four miles north of Yorkville, had been murdered. Immediately upon reception ot the news Coroner James H. Fayssoux, accompaned by Sheri: Gienn and other citizens of the town, proceed- ed to the scene of the murder, A jury of inquest was summoned and the following facts elicited:—About eleven o'clock the en of the murdered man xa prrakened ty the barking of the dog. Shé éall her husband, who got out of bed and went tothe door, when be was asked his name by some persons when he went South, a SlJobh Overman testitied that iegruised men took him oat and whipped him, after which they play(ully ev MT Un dae bide of bis head, and, to make the mutter sull In tife yard, and also te whom he formerly belonged. yn answering that his name was Anderson Brown and that he formerly belonged to Lawson Brown, he was tcld by the meti to follow them. In ashort time the wife heard the report of firearms in an easter!, direction from the house. A son of the muraere man also testified that he got out of bed at the same time as his fatuer and observed six persons in the yard. Their faces were covered. Five were dressed in dark clothing and one in white. Twelve shots were counted. ‘The boay was found next morning about two hun- dred yards from the house, with a bullet hole through the forehead, and one through the bowels, with sev- erai small shot in the arm and shoulder. ‘The verdict Was tat he came to his death vy gunshot wounds through his ee ae bowels, at the hands of some persons uuknowa t awry, per deceranibels <i) gidiex, We learn that a body of disguised men, numbering about one hundred, visited Kock Hill on the night Of the 19th uit., broke open the depot and took out the State arms, and broke to pleces what they could not carry of. The young man who slept in the de- Pot was taken out and tted uni after their mission was accomplished, wien he was released. Tue en- tire party was mounted and well armed. RAILROAD TRACK TORN UP. On Saturday night 1ast—fortunately after the train had passed for Yorkville—a portion of the track of the King’s Mountain Rallroad, about two mules irom town, Was torn up. The road was repaired on Mon- day, and the train has since been running as usual. Another Outrage in the South. The Atlanta (Ga.) Jnielitgencer ct we 5th instant Tecords the following :— Two strangers, having the habit of gentlemen, followed a lady the other day in the streets of Augusia to her resiuence. On'their arrival there they sent a servant for the lady, who was astonished to meet twomen who were entire strangers to her. They made some impertinent and insulting inquiries of her, when she retired and informed her husband Of the disagreeable interview. He followed them to the Globe Hotel that evening and gave them both a good sound caning, and in the collision broke tue armof one of them. One o:'these scamps represents himself as a foreign count and the other as an ex-confederate oflicer, who was sent dowa here to investigate Southern outrages. He should re- port this case. THE REZEL SPIRIT AGAIN BENTUCKY. RAMPANT IN A Mail Route Broken Up. (Louisville (March 3) correspondence of the Cin- cinnati Gazette. } About five weeks ago Mr. Wilson, a colored mail agent, was placed in charge of the United Staies mati on the Louisville, Frankfort and Lexington Railroad. On his second trip he was attacked at North Benson, a station only a few miles west of Frankfort, by a band of armed men, one of whom entered the mail car, grappled witn the agent and tried te eject him from the car. In this he did not succeed, however, and after beating the agent over the head the scoundrel jumped from the car. Threats were made that if Wilson returned to that section in the capacity of mail agent he would be summarily dealt with. Op the following day the Superintendent of the Mail Service of this district placed Colonel Green, a white man, in Wilson’s place, butin a day or two Wilson was returned to the route, with a squad of ten United States sol- diers, armed and equipped, asa body guard. Since that time Wilseu bas continued in charge of the mail Eo kate Zingtou and Louisville, the soldiers pcgompans: ng him évery day. esterday it was rumored in Frankfort and vicinity that another attack would be made upon the mail agent to-day, by a party strong enough to “clean out the mall agent aud his guard. ‘This rum or gained credence, and General E. H. Mur- ray, United States Marshal ior Kentucky, who was in’ Frankfort last night, telegraphed the fact to Colonei Markland, Superintendent of the Mail Ser- vice, suggesting that a strong guard be placed upon the train to-day. Colonel Markland, by authority ef the Postmaster General, ordered the mati discontinued on that route until 1urtner orders. So the tram went out at the usual time this morning, but witaout the colorea ageat or his guard, or tue mail for the peo- pie living along the line. Tis arrangement leaves ¥rankfort without any mall facilities either {rom Louisville or Lexington, except by old roundabout stage coach routes. It is conceded that this will bring the Legislature and the citizens to their senses a8 quick a8 any other practicable plan, ltisa matter of regret that the mail from Louisville to Frankfort can be sent datly, by way of Shelbyville, en the stage, but other towns between Lagrange and Lexington will be less fortunate. The train from Louisville to Frankier: yesterday was boarded at Bagdad by three men, Who were evi- dently members of the gang which was io make the assault to-day. They were periect rufans in their appearance and behavior, and were unreserved in their denunciations of the government. . They hur- rabed for Jet! Davis, and otherwise offered insults to passengers on the train, They got off at Nort Ben- son, the scene of the former attack on Wilson, It is stated On good authority that the same band of men who released Scroggins were in Frankfort last night, ready for any duty, and that the fact was Known to the citizens and authorities; yet nothing was done to prevent them {row ‘carrying out their evil deslicns- 7 ER TT RTE MECN IRE EE re TANT NEM IKIN MAME oe Fs oT HERCAT RENT NOR RIOR ARR NE fe ePOR OoeS THE COURTS. Arson on the High Seas—Jurisdiction of the Courts of This State in Suits Against Other States—The Hogan Will Case—A Horse Case—Assault and Battery—An Aoc- quittal in a Case of Homicide— Business in the Court of Gen- eral Sessions — Decisions. UNITED STATES SUPREME COURT. Accepting an Indemuity Bond from a Co- defendant Who Assumes the Co: * Suit—Impertant Deci The Steamtug R. L. Madey, John Caldwell et al., Exeoutors' Appellants, vs, Joshua Atkins et al., AD pellees.—This was a motion for a commission to take the testimony of certain witnesses on behalf of the appellant, the steamtug R. L. Mabey, and was argued during the present term of the Supreme Court. Damages were claimed by the owners of the ship Isaac F, Chapman for. injuries which the ship re- ceived in a Collision that occurred between the ship, while she was lying ata dock in the port of New York, and the steamtug R. L. Mabey and the ship Helen R. Cooper, which at the time of the collision was in tew of the steamtug, as more fully set forth in the libel filed in the District Court. Serious in- jury resulted to the ship of the libellants, and they alleged that the sveamtug and the ship Helen R. pooper were both in fault, Separate answers were filed by the claimants of the tug and tow, and both, It see! made preparatiens for defence, but before the day for the hearing arrived they entered into the following stipulation, which 1s an exhibit in the notion befere the court. Omitting the names of the parties to the suit and the signatures of the proctors, the stipulation reads as follow: It ts hereby stipulated by and between the parties repre- senting the claimants of the vessels respondent in the above action that said ship Helen R. Cooper shall, and does hereby, assume the conduct of the defence, and that all and any judgment ordered against the said vessels or either of them ‘shall be assumed and paid by said ship Helen B. Cooper. Application for the same purpose us that describea in the motion was made to this Court by the appel- lants on a prior occasion during the present term of the court; but it was refused, a8 no excuse Was shown in the petition or accompanying papers why the witnesses were not examined, either in the dis- trict or circuit courts, and the Court said some ex- cuse should be shown satisiactory te thls Court for the failure to examine them in the courts below— such as that the evidence was discovered when it ‘was too late to procure such examination, or that the witnesses had been subpoenaed and fatled to ap- ar and could not be reached by attachment, and the . ike, Comumissious for such a purpose cannot be al- lowed as of course under the twelfth rule, as it would asford au inducement to parties to keep back thelr testimony in the subordinate courts, and the etfect would be to convert this court tnto a court of original jurisdiction. Admenished to that effect by the prior decision of this court, the parties have filed with the ee application an affidavit as a compliance with that requirement. Unsettled as the practice Was prior to that decision, the parties are right in supposing that this Court would entertain a second application in the saime case. Governed by these views the Court has examined the aflidavit and the reasons given why the testimony was not taken prior to the hearings in one of the subordinate courts; but the Court 1s constrained to say that the reasons given are not salis(actory, a8 they show that the witnesses were in court and that they were not examined, because the party now asking lur the commission agreed that they would not introduce any testimony in the case, and that the afiidavit shows that they did not introduce any in the District Court, and did not ap- peal from the decree, and of course they did not aad ould net introduce any in the Circuit Court, as it 1 well settled law that the losing party in the suberdinate court cannot be heard in the appellate court in opposition to the decree in the suvordinate court, uniess he hiinself appealed Trom the decree. (The William Bagaiey, 5 Wall, 412; ‘The Maria Martin, 10 Wall.) Instead of being satis- factory, the reasons set forth in the affidavit wi the testimony was not introduced in the trials belo’ are persuasive and convincing that the motion Ought not to be granted, Having accepted the bond of mdemdity and failed to make any defence, the risk as to the sufticiency of the sureties was upon the present appellants, and the fact that they mis- Judged or are disappointed in that behalf furnishes no reason for the motion belore the court, Motion dented. UNITED STATES CIRCUIT COURT. Arson on the High Seas. Before Judge Woodruff. The United States vs. Charles Perdue, Churles Meredith and Frederick R. Allen.—The defendants, late seamen on the whaling ship Robert Edwards, formerly of New Bedford, Mass., are charged with arson on the high seas, in setting fire to the vessel on the 10th day of May last, when 800 miles at sea, whereby she was consumed to the water’s edge on the second day following, and the Captain and crew compelled to take to the long boat. The whole party were rescued by the ship Mary Rice and landed at Rio Janeiro, from whence the defendants were conveyed in custody to this port, and, after an examination into the charge against them, held for trial. The offence ts a capi- tai one; and this fact being announced to the jurors as they were called, caused some deiay in procuring @ jury. The difficulty was surmounted, however, before the close of the session on Thi fy and yes tergay, {bg tree defendants were put upon trial for ir ae mae erie of a ee eee mld that the i je0 a ives of al on hoard, was most rekteg and ‘wanten in its char- acter, tuere being no incentive to it from personal ili treatment on the part of the captalm and officers toward apy portion of the crew. ‘3 : ‘The prisoners voluntarily confessed each to his own particular participation in tae crime. The theory of the defence, however, 18 that the ship was accidentally fired, and that the subsequent confes- sions of guilt were made under violence and threats of continded punishment. THE TESTIMONY. The District Attorney having briefy stated the case to the jury the examination of witnesses for the prosecuulon was proceeded with. The first witness called was Edward Winslow, first oMficer of the vessel, who testified that the prisoners, Perdue, Meredith and Al- len, were seamen on board the Kobert Eawards; the vessel belonged to Taber, Reed & Co., of New Bed- ford; she left that port, on the 10th of May last, for @ Whaling voyage; on the 20th of June following, while the vessel Was 500 miles due east from Ber- muda, smoke was discevered issuing from the for- ward Latch; the vessel was found to be ON FIRE, and every exertion was made to put it down; the next day witness heard the captain ask Perdue it he had set the ship on tire; Perdue replied, “I did Gre it; some one has blowed upon me and I will ix him; witmess did not ask the captain tw let him blow Perdue brains out; Perdue helped to put the fire down; witness struck Perdue because he would not work; Perdue told tne witness he had bored four holes in the bot- tem of the ship to sink her, and that he had fixed the ship “‘because the DEVIL HAD THE UPPER HAND OF HIM;’? the entire ship’s company worked two days to save the vessel, but on the third day the afuir became hopeless, and they were compelled to take to the boats; the witness took eight men in his beat; the captain toek Perdue and the others in his boat; alter oie to the boats they remained avout the vessel all night, and at daylight, sne being burned down to tue water's edge, they pulled off: the boats were finally picked up by the snip Mary Rice, of Baltimere; when on the Mary Rice witness asked Allen why he had fred the ship. and he replied that Perdue and Meredith had got him into it; also told inte that ne drew the tar to be used to start the re. Cross-examined by Mr. Russel, counsel for de- fence—The Robert Bdwards was an old ship; the captain was @ part owner; we were on & Whaing voyage when the ship was burned; we had been as successful as i; the second officer toid witness the ship was on fire, but he did not go below to see where the fire was; the sides of the vessel were not saturated with oll; smoking was not forbidden on board the ship; Allen worked hard to put the fire owt, but Perdue dia not; Perdue wouid refuse to work; Meredith also skulked, and would ouly work when made to do so; it was at first thought the fire was accidental; every one of the crew Was not chai with firing the ship; the witness did not say tne Danish sailer was not guilty of uring the ship, nor that 1t was a good at for him to jump overboard; there was no lightea ip in the hold during the voy: Joseph H. Muliord calles a. sworn—Was boat steerer on the Robert Edwards; was known on the ship as Ball; the vessel was burned on the 20tn of dune; the crew left ner in epen boats on the 22d, Cross-examined—Saw the captain take Perdue by tbe beard; he had a pistol in his hand; did net hear the captain speak; before he seizeu nim Perdue pnp bad as Iam 1 cannot tell a lie; I fred the ship. Kedirect—When Allen and Meredith were con- fronted with Perdue the latter accused them ef com- plicity in firing the ship; they then confessed that they helped to fire it; alter we got aboard of the Mary Rice Perdue, Meredith and Alien confessed in the presence of the oMicers that they nad set fire to the ship; Meredith was asked why they fired the ship, ad be replied tiat Was more than,human na- tre could tathom; Perdue said that he had fired the ship; he appeared to regret that ne had dene so, and sald that if he only got out ol this scrape he would never get into another, James F. Madaoc testified that he was fourth officer of the Robert Edwards; heard the captain ask Perdue if he had fired the ship; Perdue repiled that be had, and that the Danish sailor and Mere- dith had assistea him in the act; that they went down into the hold and struck matches; that the hands of Meredith and Allen and the Dane shook go that they could not hold the matches steady, and that he (Perdue) had started the fire; Perdue made the confession before being questioned py the cap- tain; the Dane was subsequently chargea with being a party to the firing of the ship, and he Jumped overboard; there was no edort made wo save him; he might have been saved, but tin're was something else to do, the ship being then o't fre; pid not say he (witness) Would shoot the Dane ,\f he id @ rifle. Eugene Freeman, third mate, testified that whe.’ the captain had Perdue by the whiskers the captain charged him with having set the ship on fre; the captain held him by the whiskers for a minute or twe. THE CAPTAIN'S TESTIMONY, Thomas L.. Pease, captain of the Robel testified to the owns of the vessel, he himself owning one-sixteenth; the ship sailed on the 10th May last on a whaling voyage; knew the prisoners, Meredith and Allen (Perdue being then absent). The District Attorney not being previously aware of the fact, reported the saine to the court, Judge Woodrur! said that the Marshal acted im- Property in taking a prisoner out of the court with- Out notice. The case was then proceeded with. On the 20th June, about ten o'clock, Was informed by the second officer that the ship was on fire forward, in the lower hold; had the first oMoeer aroused and proceeded at once forward; found the ship on fire; had the hatches battened down and holes made, through which they poured water on the fire to extinguish it; the fire prevailed and tney aban- doned the vessel at nine o’ciock on the 22d; subse- quently asked Perdue if he had set the ship on fire; Perdue said, ‘Why do you suspect me ?” and | replied that he looked guilty: had heard from one of the men that Perdue threatened to set the ship on fire; that he would fipish the ship, or the “old box,” as he (Perdue) termed it; witness again asked Perdue of he had set Gre to the siup; that he kuew he had done 80 and might as weil confess it; Perdue then said he would not Cell u lie, and he cried and said he had; the men when interrogated on the sub- ject admitted that they had been always well treated—never betier on any ship; bad never heard any complaints of the men previous to the firiug of ‘the vessel; Witness had caught Perdue by the beard at the time; Perdue at the same time said some one had betrayed him and he would ix him; witness then seized him by the beard and drew a revolver trom is pocket, and said to Perdue that if he threatened any one on board his ship he would biow his brains out; after they had abandoned the ship and were in the open boats Perdue said that Meredith, Duncan and Alien were with him in the plot; they were picked up by the ship Mary Rice; while on board this vessel witness asked Perdue and Meredith why they fired the ship? they replied they could not say wiy they did it. Cross-examined—The ship was about fifty years of age; while I had Perdue by the beard the mate struck him (Perdue) on the face; Perdue never de nied having set tue sitip on fire; had no recollection of taking Meredith by the throat in the boat, ang that he then confessed to firing the ship, Several other wituesses tor the prosecution were examined, buttheir testimony was but a simple cor- roboration of that already given. Samuel Duncan, originally charged and indicted as an accomplice, gave testimony for the prosecutien. He stated that the prisoners nad induced nim to conspire with them to fire the vessel. He had done 80, but was at the lume ignorant of the extent to which they intended to goin their design. Learning it, however, he was alarmed, but feared to divulge his Information on the subject to the oMicers of the vessel lest the prisoners should kill him. At the close of the testimony the court adjourned till this morning. UNITED STATES CIRCUIT COURT—IN EQUITY. An Injunction Against the City. In the Matter of Cornelius Stockham vs. The Mayor, Aldermen and Commonatty of the City af New York.—The cemplatnant in this case has fied @ bill in eauity setting forth that he owns water frontages at 142, 143 and 144 West street, with the privilege of wharfage, &c.; that he erected wooden sheds thereon, where be carries on the business of &@ commission produce merchant; that the Mayor @ad served Lim with notice to remove such sheds, and he prays an injunction restraining the Mayor from rem@yving said sheds. The matier will come up for ary ent in a few days. SUPREME COURT—CHAMBERS. Jurisdiction of the Courts of This State in Suits Against Other States. Before Judge Cardozo. John U. Stockwell vs, The Treasurer of the State of Tinois and the State of Iinois,—The plaintiff had procured an attachment against funds belonging to the State of Illinois, on deposit in the American Ex- change Bank, in this city, attaching $15,000. The delendants oppose and seck to set aside the attach- Ment for want of jurisdiction. They claim that the Stave cannot ve sued. This comes up upon a mo- yn to vacate the attachment for want of jurisdic- tion. Mr. Crowell, in behalf of the motion, maintained that the court has no jurisdic- tion or Rust _matntain an action against any foreign Biate or States oi this Union Wheil they seck to enforce in such action a remedy against the State. Mr. Hull, in opposition to motion, contended that inasmuch as the plaintiff found funds belonging to the State inthe hands of the Treasurer of the State, now in thecity of New York, that he could acquire jurisdiction over the State seeki! to reach the funds of the State, and, altner the State could not be made a party to the record for any purpose except to give them an opportunity te oppose and detend voluntarily if they wished, 7° the preperty of the State could be reached and jurisdiction ac- quired m that way against the State, even if the State was the ultimate power which had to pay the money. On both sides numerous authorities were uted. ‘The Court reserved its decision. Some of the Troubles and Tria's of Our State Military Defenders. Benjamin H. Yard vs. Eugene S. Eunson, Lewis Lenbuscher and W. G. Ward.—This old and familiar case came up yesterday on a motion to vacate the orders of arrest against the first twe defendants, and the release of the bail bonds of all of them. The last named defendant is brigadier general com- manding the brigade of National Guards to which the Seventy-first regiment belongs; the first is Major of the regiment, and tne second was marshal deputed to execute the orders of a court martial. The plain- Uf, it is claimed, enlisted in the regiment Septem- ber 14, 1869, and failed to attend subsequent bri- gade drills and parades, for which he was court ied, and a fine of twenty-one dollars said court martial being convened ursuant to the order of General Ward. e second defendant was deputed as mar- shal to execute Sentence, and ag being able to collect the fine thrust the platntiff into jail, where he remained four dave, when he was leased by Judge Jones of the Superior Court, on a writ of babeas corpus, After his release he | procured from Judge Cardozo warrants of arrest against the first two defendants on the ground of alleged false imprisonment, claiming that he did not oelong to the regiment, and that his arrest and | imprisonment, sherefore, was illegal. He sued to recover $25,000, The first two defendants were placed in jail, and after remaining there a day were released On giving bail im $10,000 each. Gen- eral Ward voluntarily surrendered himself and gave the same bail. A good share of yesterday was con- sumed in arguing the motion, Mr. Vande: appearing forthe plaintiffand Mr. Sewell fer the defendants, representing the General Judge Advo- cate of the State. A multiplicity of aMdavits was read on both sides. various sections of the military code were descanted upon at great length, and a good deal of counter talk indulged in about this being a genuine enlistment and 4 fraudulent one, and about the sacredness of personal liberty, and maintatping the dignity and majesty of the law, military, civic and otherwise. The Court reserved its decision. SUPREME COURT—CIRCUIT. Summing Up io the Mrs. Hogan Will Case. Before Judge Sutherland. Sarah C0. Hatch vs. Clara M. Pengutt.--Another day was consumed yesterday by the counsel in sum- ming up in this case. It is expected that the oppos- ing lawyers will have exhausted all their arguments, af not themselves and the jury, to-day, when the Judge will charge them, and they take a rest and the case in thetr own hands. Meantime the attend. ance at the court does not diminish in numbers or interes: Decisions. By Judge Cardozo. Butterflela vs. Kirklana.—Exceptions overruled and report confirmed. Todd vs. Carhart.—Report confirmed. Howard s, Fellig.—Motion granted on payment of ten dollars costs, aad stipulating to refer it to ep tniey elect, and to proceed on two days’ notice. beso &c., to stand as security. house vs. Kennedy et al.—Motion denied. Blum vs. Harizheim and Riplard vs, Harizheim.— Bill taxed, In the Matter of the Petition of John F. Tonnele.— Motion granted and reference ordered. Scully vs, Sculty.—Memorandum for counsel. Searing vs. Duffy et al.—Motien granted. Kneeland vs, Hayward et al.—Motion denied. West Side Bank vs. James E. Pugsley.—Motion de- nied, with ten dollars costs. In the Matter of the Petition of Mary E. Durand et al, —Order granted. Cummins vs. Osborn et al.—Memorandum for counsel. Brown vs. De Witt.—Motion denied, Townsend vs. The Chicago, Rock Island and Pa- clic Railroad Companies.—Application dented, ‘Ogden et al. vs. Wood.—Exammnation adjourned to the first Monday in May, at ten A. M, vo The New York Ou Compant road Company.—Motion denied, Deriarm et at, vs. Robbins,—Memorandum for counsel. Kellogg vs. Kellogg et al.—Motion granted, ame, Davison vs. Davison. COMMON PLEAS—-GENERAL TERM. Decisions. Klobs vs, Bartlett,—Judgment affirmed. Michael Borner vs, Richard Brown.—Judgment reversed, Excelsior Life Insurance Company vs. Cornelius A, Boelen.—Judzment adirmee. Rotel J, 7. Shanley.—Jadg- int J. Peckert 08 stchael J. COMMON PLEAS—SPECIAL TERM. bapet. 08. Chamber,—Injunction continued. In the Matter of the National State Bank of New ain 08. Crosby, Assignee,—Order for.a citation. MARINE COURT—PART I. Before Judge Gross, Lathrop vs. Van Tine.—The plaintiff was the Owner of @ spirited horse of the value of $300, which he left with the defendant, a livery siabie keeper, with express instructions that no one should drive him but defendant himself, and for the care of the horse he was to pay one dollar a day. It seems Van Tine gave the horse te aperson of the name of Rodgers, superintendent of the Dry Dock and East Broadway road Company, and tmat this man drove him on a Saturday and Sunday in August, Sunday being an especially warm day. The horse died about five o'clock that afternoon. Rodgers testified that the horse was driven very moderately by him. No notice was given to plaintitr of the horse’s illness until Monday, when he came with a veterinary Eger but the horse had been taken away, and this, plaintiff claims, was to prevent examination. | 5 be DEOISION, The Court—There is no proof of any negligence in tne treatmentof the horse, nor 1s it intimated that he was driven a an improper time or that the distance was too great or the gait too fast. On the contrary, Regers testified that he drove the two horses moderately and carefully. This evidence au- thorizes no recovery on the part of tne piaintit, Even if it be assumed that Van Tine alone was per- mitted to drive the horse it is clear that death did not ensue in consequence of his use on the day or his death, but in consequence of a disease of long standing—viz., inflammation of the bowels. Judg- ment for defendant, Action for Damages, Rosana Walker vs. Lows Olru and William Barton.—The plaintiff, a girl of nine or ten years old (who sues by her guardian), was passing Uiry’s barber shop in East Twelfth street, in June last, just at the moment when an ignited demijohn of liquid gas was thrown from the door, by which she was severely burned. Defendant, Olry, placed upon the stand by plaintifrs counsel, stated that the other deiendant, the driver of the manufacturer, who came to deliver the fluid, having spilled a little of it on the floor, set it on fire to burn out the spot, and that the demijohn, which stood close by, igniting, Barton took it up and threw it into the street Barton’s statement was that Olry, complaining of the odor caused by the spilied fuid, lit a match and threw it towards the spot, which went out before reaching it, and that he (Barton) shen lit another match, to which no objection was made, and fired 1t; ‘that Oiry then, through awkwardness, upset the de- mijohg, which took fire on the outside, and he (Burton) to prevent a conflagration, took it up and threw it out. Plaintif’s counsel stating that his client would be satisfied with a small amount, it being admitted that the parties were poor and irre- sponsible, the Court rendered Pigs ord against Barton for fifty-five dollars an st Olry for fifty-one dollars, stating, however, that uf the manu. facturer of the fluid could have been reached he would have rendered a heavy judgment, MARINE COURT—PART 2. Assault and Battery—Full Damages. Before Judge Curtis, Creutzer vs. Kruger.—This case—commenced Tuesday—was concluded yesterday. The testimony or the plainti® showed a very aggravated and un- provoked assault upon Mrs. Creutzer at a time when she was in a very delicate state of health, the inju- ries then inflicted on her resulting in causing a pain- ful premature confinement. The case was first brougbt into the Superior Court, da! being laid at $10,000. It was subsequently removed to the Marine Court. The jury yesterday, after being briefly and impartially charged by the Court, aud after a brief consultation, rendered a verdict for plaintiff in $1,000, the limit of the jurisdiction of this court. Motion tor new trial denied. For piam- nah Mr. Langbren; for defendant, Mr. Jacob A. Decisions. By Judge Curtis. Davis vs. Night.—Djsmissed with costs. Hanes vs Rogers.—Judgment for plainui, full amount, Bridgewater Paint and Color Works vs. Dillon.— Judgment for plaintiff. Creutz vs. Kruger,—Verdict for $1,000 for plainti, —- & ~ By Judge Grogs. “i Murphy 0s. Hilion.—Juagment for defendants, with costs. Lathrop vs. Van Tine.—Complaint dismissed with costs. Boehim.—Judgments for plaintiff for Stokeru vs. $460 25 costs and allowances. Cattand vs, Walch.—Juigment for plaintift for $388 38 costs and allowances. Halaridge vs. Hutl.—Judgment for plaintiff for $149 25 costs and allowance. Mercer vs. Metcal’.—Compisint dismissed. Stowe vs. Schepp.—Complaint dismissed by defanlt. er vs. Olry and Barton,—Judgment for plain. COURT OF GENERAL SESSIONS. Before Gunning 8. Bedford, City Judge. 4 BAKER IN A HOT PLACE—HE 18 ATTACKED BY FOUR MEN PROMPT ACQUITTAL BY THE JURY. The only case of general public interest disposed of yesterday in the Court of General sessions, before Judge Bedford, was a charge of homicide preferred against Adam Langfried, who stabbed James Fingle- j ton with a bayonet on the Ist of last August, inflict- | ing a wound which resulted in his death fifteen min- utes afcer it was inflicted. Mr. Fellows conducted the case for the people and the accused was represented by Mr. William F. Howe. The first witness for tne prosecution was Patrick Reilly, who said that he and the deceased were bakers; that on the morning of the Ist of August, belween twelve and one o'clock, they, in company with his brother, Michael Reilly, and thomas Sands, were returning from spending the evening at a iricnd’s house in avenue B; that when they were passing the bakery of Langiried they smelled fresh bread, and his brother said, ‘Can not you bakers (meaning the witness and the deceased) go down and get a loaf of bread; the wituess aud ‘imgieton went down to the bakehouse amd asked Langfned for a loaf, which he refused to give; they returned to the sidewalk, and, after some conversa- tion, entered the bakehouse the second time; the deceased went over to the box and was in the act of taking one of the loaves when tne aefendant ran over and hit Reilly on the head with “a setter,’’ @ piece of wood used in the manutacture of bread, the blow having been Intended for Fingleton; a fight easued, and when Langfried went tor the musket Reiily ran up stairs, followed by the deceased, who, when he reached the sidewalk, pointed his finger down to the defendant and sad “)’'ll Kill you;” as soon a8 he said that Langfried plunged the bayonet into his heart; Fingieton lived about fifteen minutes. Cross-examined—I am a baker, but bad veen out of work two weeks prior to this occurrence; 1 was never on the Island; I knew of the deceased being arrested for highway robbery; we nad been drink- Ing & lew glasses of lager; the deceased and myself were the only men Who went into the bakehouse; I did not beat the deiendant with a stick. Thomas Sands, who was in coma with the Reullys and the deceaseu that nignt, sald while he was waiting on the sidewalk he saw Fingleton and Reilly running up out of the bakery, 1ollowed by Langiried, with a gun and bayonet, but did not see him stab the deceased. bernard Courtney, who sleeps over the bakery, testified that he Was awakened by a great noise; got out ef bed, looked out of the window, and saw a | man spring on Langfried and knock him down, put did not see the deceased stabbed. James McCabe was also aroused by the noise and saw three men run out of the bakery, one of whom sald, ‘Lal ied, I will shoot you; with that the defendant came out with a gun and musket and stuck one of the men with a bayonet. Patrick Powers testified to seeing three [ellews come out ,of the bakehouse enraged and heard one of them threaten to kill the accused, wno then made | & plunge of the musket at him, ‘The witness alter- wards saw the deceased ying on the sidewalk from the effects of a wound in the left breast. fried, said that he saw the deceased fifteen minutes after the occur- rence lying in a nallway a few doors from the bakery, but did not see him die; he knew the de- eat to be a quiet, orderly and highly respecta- je man. Omer Kelly was joined by other officers after the stabbing and testified that Reilly said he would make a charge against Langfriea for assaulting him and stabbing another friend; Langfried then said he would make a charge against him for entering the | bakehouse with his comrades and for taking bread; Langiried acknowledged that he had stabbed the man, that he was sorry, but that he was compelled to do 1 in sell-defence. This ofticer also gave the accused an excellent character for quietness and re- spectability. ‘Oficer Kellaghan testified tnat he arrested the de- ceased for highwuy robbery and knew him to be @ violent man. Mr. Howe made a few eloquent remarks in open- ing the case, in the course of which he alluded to an editorial that appeared in the HERALD at the time of the occurrence, in which the writer, in commenting Upon Langtried’s defence of mis person irom the wanton assault of the highwayman, expressed re- gret that he had not killed the other rufians, Adam Langtried was called by Mr. Howe, and pro- ceeded to teil how these men entered his place at midnight in No. 446 Second avenue while he and his two workmen were making bread. Tne four men took up pieces of wood and struck him, and Reilly heid nim by the body. He hallooed ‘Watch |?" and they tore his pantaloons, Aiter reaching the side- waik he say them returning to the basement, and when he saw one of them in tne act of putting his hand in the side pocket and hearing him say, “I'll shoot you,” he stabbed him. Peter Richies, the workman of the accused, cor- Tovorated his statement. Mr. Howe said he had thirty witnesses to prove the excellent character of hus client; but Judge Bea- ford intimated that tt was not necessary. After a few words trom Mr, Fellows Jadge Bedford AND KILLS ONE WITH A BAYONET— | —_—_—_— atated the evidence tn his impartial w, *Y, and cleany et forth the law as applicable vo the a 8 The jury, without leaving thetr sea"s Promptly rendered @ verdict ¢ “Net guilty.” \N ACQUITT, The trial of Daniel’ McAdams, who was’ charged Treating fobr borer tea kone ES, tudo fiver Hautroad depot on the sh of Decent ley to sulted in his acquitta!, a number of wi! : Ang established 8 quast aliot and an excellent @ "4 r for honesty. 4 SWEET THEFT—MR, FRLLOWS AFTER PROF * SIONAL RECRIVERS, Albert Metz, who was charged with stealing ® barrel of sugar on the 8th of February last from & bulkhead at the foot of Franklin street, the property of Offermann & Co., was convicted of petty larceny. ‘The testimony clearly developed the fact that the sugar was disposed of to a “receiver” named Hayes for a smail sum. Mr. Fellows expressed his pleasure that jury convicted Metz of the minor offence 80 that he couia be used as & witness against the alleged receiver. He (the prosecuting officer) wauted to see if it were possible to secure a conviction in that court of a proiessional receiver of stolen goods, Judge Bedford remanded Metz for sentence. 4 “MADAME”! AND ONE OF HER VICTIMS IN COURT, Mr. Hewe called his Honor’s atteution to the case of Jennie Dixon, who was charged with stealing ninety doliars in money and wearing apparel, valued at ten dollars, from Magdalene Muller, the Keeper of a disreputable house in Oliver street. sel alleged that the accused, who was a sickly look- ing female, having a very small baby in her arma, had been a prolific source of revenue to the Madame, and that when she concluded to referm by leaving her house the procuress had her arrested upon & charge of larceny, The Madame was called, and admitted she kepta house of bad character; that she took Jenne “for charity sake;” that all the money she recetved from her during the eleven days she was there was four dollars, The girl told the Judge nex version of it, which was that she had lived with the Madame four months, and that as the result of her perambula- tions in Broadway she made forty dollars a week for the Madame. Judge Bedferd remarked that it was a question of credibility between the *omen, and as he had more sympathy for the inmates than for the proprietors of those houses he would take Jenmie's word that abe ae hereatter to live a virtuous life and let ae heartily endorsed the action of the COURT CALENDARS—THIS DAY SUPREME COURT—CHAMBERS.—NOos. 62, 78, 100, 103, 104, 20, 92, 80 34 4 Ok Om TS 7 OM SUPREME CouRT—OC1kCUIT.—Part 1—Case,on. Part 2.—Case on. Court or COMMON PLEAS—Part 1,—Nos. 501, 604, one nd 646, 346, 347, 437, 249, 504, 619, 100, 136, MARINE CouRT—Part 1.—Nos. 4830, 4878, 5144, 5135, 5190, 5889, 5276, 5298, 5209, 5302, 5303, 5300, 5307, 6300, 5308, 5311. Part 2.—Nos. 4981, 5461, 5270, 5920, 4873, 4808, 5161, 5290, 5204, 5206, 5215, 5226, 5303, 5804, 5271, 5321, 5884, 6309, 5810, 5312, 5313, 5314, 6319, 5323, 5240, 5224, 5325, 5326, 6323. agGRNBRAL SESSIONS.—NOS. 1, 3, 8. 4, 5, 6, 7, 8 9% CRIME IN ALBANY. Terrible Tragedy—A Wife Murdered by « Drunken Husband—Contin: of the Filkins Trial. ALBANY, March 8, 1871. A terrible tragedoccurred here this morning, at the residence of Dr. Lemuel P. Van Hoosen, on Madison avenue. The Doctor is of intemperate habits, and while laboring under an attack of de- lirium tremens bad angry words with his wife, and seizing an iron griddle struck her with it on the back of the head, crushing the skul] and causing her death almest instantly. The circumstance becom- ing known to te neighbors, the police were sent for and the Doctor taken into custody. The event has caused at Sadness among the acquaintances | of the family, by whom the Doctor and bis wife | Were highly esteemed. Upon being arrested the Doctor was asked why he had done the deed, and answered, “I could not help it; I had todo it tosave my own lite; they were afier me.”” lu the Filkins trial the testimeny for the defence ‘Was commenced to-day and consisteé chiefly in evi- dence of the honesty and good character of the prisoner. Aaron Ricbardson testified that he waa In Scott’s store at the time the pistol was purchased, and stated that ne was satisfied that the man mak- ing the purchase was not Filkins; that he had known Filkins for @ long time, and was certain it was not him, = Jonn Clark testified that he was in the store the same day (the day oefore the robbery, but ne could mot say positively what day that was),anud saw Richardson there at tne time the pistol was being loaded and sold. Other witnesses testified that they had paid Fil- kins for bread in large amounts of fractional notes. This evidence was given to account fer his having a large amount of this kind of currency on his per- son when arrested. CRUSHING OUT STATE BIGHTS, Federal Interference in the Domestic Cone cerns of North Caroli embers of the Legislature to be Arrestec—Eutorcing the Fourteenth Amendment. Ra.giGu, N. C., March 5, 1871. It is credibly statea here that the United States Deputy Marshal 1s in receipt of instructions from ‘Washington to arrest and proceed against all the | MEMBERS OF THE LEGISLATURE who are disqualified under the provisions of the fourteenth amendment. How this can be done is @ puzzle not easily solved from @ conservative standpoint, particularly as the highest ; legal authorities here have decided that member- | ship of the General Assembly is not an office, and incumbents disqualified could net therefore be held amenable. Some state they will be proceeded against under the recently enacted Enforcement law, while others say that it is the amendment itself they have violated, and under that they will be pro- secuted. The oath taken by the members here ts that provided by the State constitution, which only embodies support of that instrament and the con- stutution of the United States, so tnat if they are pro- ceeded against the only oifence that can be charged will be @ violation of the amendment, to which @ plea of misconstruction of its true meacving can be urged, It is not known positively that such an extreme measure will be resorted to, and many imagine that it 18 only @ THREAT TO INTIMIDATE the members, in view of the curly close of the im- achment trial of Governor Holden, who is now im Vashington. Of one thing I am assured, and that is, that Attorney General Akerman wrote to the United States District Attorney on the subject some ume ayo, and a lengthy correspondence has been held upon the subject, which may po: have resuited in the rumored order to proceed as once against the banned members, EDUCATIONAL SF. AIRS. Mecting of the Board of Commissioners, The New York Board of Education met yesterdag afternoon, with Mr. Smyth in the chair and nine Commissioners present. Communications from the trustees of several wards were read concerning in- crease of salaries for teachers, building or furnish- ing of school houses, &c., and referred to the ap- propriate committees. The committee on the Normal College introduced a resolution to the effect that the German professor in the college should be furnished an assistant, said assistant to be Miss Joauna Mitchel, whose know- ledge of the German language amply qualified her for the position. The resolution further provided ‘that Miss Mitchel should receive.a salary of $800, and that Miss Lida Conant should fli the vacancy in the Model Primary School left by Miss Mitchel, at a salary of $500, ‘The Committee on Teachers presente! several nominations tv the Board for confirmation, and resolutions were carried for removing certain teach- ers for inattention to duty. tne Auditing Committing reported a balance of 1,022. Mr. Woop offered a resolution of regret at the resignation of Join H. Sherwood, at the same time | Welcoming the new Commissioner, Judge Van Verst. in putting the resolution, which was unanimously carried, the PRESIDENT eXpressed his sense of the loss that the Board and the cause of education m general had sustained in the resignation of My Sherwood. MEETING OF THE TRUSTEES OF THE FREE COLLEGE. Previous to the meeting of the Board of Educa- tion the trustees of the Coilege of New York held a meeting, at which resolutions were passed asking the Legislature tor an appropriation of $40,000 for @ new building te adjoin the college, for the accommo- dation of the introductory class, Also an appropria- tion of $7,000 for furnishing said building, Also an appropriation of $86,338 fer books and supplies for said college. Also asking the Legislature to author- ize said trustees to diminish the term ef attendance in common schools required of students applying for admission to the college. THE BANNON SCALDING CASE. Arrest and Imprisonment of the Brutal Scoundrel. Frank Bannon, the stone-cutter, charged with throwing a pot of hot tea at Ann Ruby, at No. 223 East Forty-first street, and fatally scalding Michael Powers, a child three years of age, as already re- ported in the HERALD, was arrested late on Tuesday afternoon by officer Grace, of the Twenty-firs. pre- cinct, and yesterday Coroner Keenan committed the prisoner to the Tombs to await the result of an investigation. ‘The girl Ruby was sent to the House of Detention in order to insure her attendance before the Coroner and jury. It has been stated that certain partes interested in the matter have evinced @ disposition to shield Bannon from punishment, Through some inadvertence the name ot officer fmixeu dpiu the Murphy. clubbing’ Caso. wish whieh, mix chu case, With whe! however, he had yotuing to dc. -