The New York Herald Newspaper, June 7, 1871, Page 8

8 THE COURTS. Decision in Bankruptcy—The Manitoba Mutiny Case—Ruights of Stockholders to Bring Suits— Alleged Breach of Promise of Marriage— The Grau and Brignoli Controversy— The Tilford Will Case~ Decisions— Business in the General Sessions. UNITED STATES DISTRICT COURT—'N BANKRUPTCY. The Case of Culver, Penn & Co.—Discharge o! the Bankrupis. ‘The facts of this case have been trequently reportea t the HeraLp. Certain creditors opposed the dix sharge in bankruptcy of Join KR. Penn, Charles V, ulver and Lucien MH. Culver. The creditors filed Specifications of objection to the discharge of the Dankrupts, the third specification alleging that Charles V. Culver swore, in his oath to his schedule @f debts, that ne had no property in his own name, | Mor in the name of any other person, aud no shares | in any company except ten scares of stock in the eno Company, of a nominal vaue When in really e WAS OWher Of 10,000 of tne stock of that com- pany. These shares, 1 is allezed, stood on the books @i the company in the name of Robert F, brooke, and were Reid in trust by hun for the use and benefit of Charies V. Cuiver, The fourth speci- Beation sets forth that Cuaries V. Culver allowed These 10,000 shares so to stand on the books of the pany with ce object of concealing them, Gulently iateuding To conceal them ni thea Irom geiung into the possession Of bis assingee in baukruptcy, he omitted all men- ese Shares from lis schedule. The sixth on Charges that, being insoivent, Charles iw a creditor of the bankrupts Keno O mpany, 1n- specincati ¥. Culver transierie Oertain shares Of Stock 1D other creditors o1 the Him. ‘The svock transferced W such creditors Was some Of tle stock that stood in the name 0. Brook i day Judge Blatchford reagered his decision tn the above case. He says:—Yhe question in- Volved in the third, fourth, Mich an. sixth spectica- ‘ons Is Whetner the Stock which srood in the name of Brooke was the property of Uulver or was heid by Brooke ip trast and covfidence for the use and Denetit of Culver. An examination of the testumony leads eto the conclusion ihat the opposing cred- dto's have not established that sued stock was the Property of Cuiver, or was held by Brooke in trust for ium. The only trust shown 18 a trust created by Brooke for the beneat of such of the creditors of the bankrupt who were suca prior wo September debts suares of stock in the Reno Company at par, Such shares bemg the absolute property of Brooke, iree from any Claim or interest of Culy The ttle Of the bankrupts to ail stock in the Keno Oil and Land Company passed away from them to Joraan. Jordan afterwards acquired title to the lands of the company. Such lands passed to brod They Were made iy him the capital of anew company, called “Ine iieno Company,” and he created the trust referred to for the benedit of the creaitors of the Daukrupts with a view to relieve the bankrupis from their debts, and at the same time to secure the @o-operation of such creditors a3 stockholders in * of the energy and . Culver in developing the interests of the company and making valuable the entire stock, as well that reserved wo himself as that offered to the creditors. Tne fifth specification charges that Cnaries V, Culver, with the irauduient intent of controling the appointment of an ussiguee in bankruptcy in tis proceeding, procured a false nd fictitious debt to be proved against the estave of the bankrupts, aud fraudulently admitted such false and fictitious debt. This specification is not roved. Discharges ure grauted vo ull taree of the ankrupis. The Manitoba Mutiny Case. Yesterday Commissioner K. G. White decided to hold Thomas Wuishe, Robert Waishe, Charles Carr and Thomas Shea, who are charged with piracy and attempting to murder the captain and mate of the Briash ship Manitoba on a recent voyage from Car- aut to this port. An order jor their extradition Wul according\y be made out by the State Department, Jeremiah Fitzpatrick, John McDonnell and Thomas ‘Wood, who hag been charged as having participated Im the above offence, are still in custody, no dispo- sition having been made in their case. Alleged Atvempt io Marder ou the High Seas. ‘Yesterday afternoon a number of deputy marshals proceeded down the bay tor the purpose of arrest- ing four seamen on board the American vessel 3. L. Owen, who are charged with attempting to manrder the first and second mate during a voyage from Gibraitar. It 1s understood that the prisoners willbe brought up for examinauon wis moruing before Commissioner Sttel ds, SUPREME coy AT—SEWERAL TERM. Riaht of a Stockholder to Bring Suit. Before Judges Ingraham, Barnard and Cardozo. Cornelia Gilman vs, The Greenpoint Sugar Works.—The plaintiff owned nearly one-third of the stock of the company, and claiming that it had sus- pended operations for a year moved to dissolve the Corporation and obtained the appointment of a re- ceiver, from which the defendants appealed. The defendants claim that there was no sucii suspension. The clitef point taken on the appeal 1s that a stock- Roider has no power to bring such action, but that the suit mast be vrought by the people, Decision Was reserved, SUPREME COURT—CHAMBERS. Decisions. + By Judge Barnard. Dewsy vs, Depew. —Relerence ordered, Green vs. Condict et al.—Mouon granted. Jessup vs, Hetgseld et ai.—Reference ordered. Wheeier vs, See.—Motion granted, Trimble vs. Stelily et al.—Same, Allerton vs, Wiimot.—Reierence ordered. The Mutual Life Insurance Comoany vs. Jacod Carpenuer, Ji., e& ai.—Mution granted, Bar tiett vs, Chase e: al,—Reference ordered. Bogins vs, Eggin Motion granted, Road vs, Nies.—Sane. Jones vs, Legratn.—Same. Rios vs, Mead.—same, Gallaner vs. Haisord et at.—Same. Kicin vs. Kleon.—Motion denied. ‘Cooper et ai vs. Van Tussel,—Same. Tow! vs, Weidersum.—Motion granted. Inthe Matter of (he Application af the Brevoort Insurance Company.—Same. Voorhies vg. National Citizens’ Bank—Memoranda, Voorhies vs, Geiger.—Miotion dented. By Judge Brady. Towt Weidersum,—Order applied for amended ‘and granted. Rochester vs. The Switivan and Erie Coal and Railtroad Company.—Allowance mare of $109. Jewett vs, Black.—Order seitiod and direction to enter order. Abrams vs Hart.—Order for allowance settied. Orr vs. The Mayor, &c.—Motion for allowance granted. SUPERIOR COURT—3ECAL TEI. Decisions. By Judge Monell. Porter vs. Parmly.—Order granted, Dodd ot al, vs. Sietemer.—Motion granted, with ten ollars costs to abide event. Agnew vs. Ma ining.—Order granted voln Mosehousky vs. James OBrien COURT OF COMMON PLEAS—SPECIAL Ti Same. mony. Before Judge Larremore. tending to give a preference to such creditor over th j as should choose to take lor their | NEW YORK HERALD, WEDNESDAY, JUNE 7, 1871—TRIPLE SHERT. PINAMAL AND COMMERCIAL. MARINE COURT. An Operatic Arrangement Costs. Before Judge Alker. Maurice Grau vs, Pasqualo Brignoli,—This was | an action brought to recover the sam $191 45 for services rendered by the plaintiff for the defendant, It appeared that the defendant entered mtoa co- | partnership with C. A. Chizzola and A. Durand for | the purpose of rendering Italian opera in the cities | of New York, Cincinnati and Chicago, and that Mr, employed the plaintiff aa agent ata salary of seventy-five dollars a week and travelling ex- | penses, to proceed to © ohizzo rangements for the production cent. Chiz.ola and Duran ui, Judgment ior platutur, SURAIGA) couar. The Tilford Will Cane. before Surrogate Hutchings, Yesterday Edwin James, counsel for the contest- | ant, sumined up the evidence adduced on benalf of | q, | the opposition to the bill, | Sacred axiom that no testamentary disposition of | property shoula be disturbed but upon very strong | proof of incompeteacy; but upon the other hand, when a will, as be contended, had been made ata time when It was known that the mind of the testa- tor was affected, that wil never read to him, the | avait and instructions never read to nim—ail done | im hurried secrecy—the papers which should have ; been preserved all burned, that protection should be thrown around the enfeebied mind, and such @ will should not be deemed to be @ legal and valid disposition of property. The counsel repro- bated in strong terms the conduct of Reynolds, who mace the will, aud dwelt upon the intenuons which the testator had expressed of providing a home for tus widow, Reynolds had made her dependent upon him, a course the testator, in his sound mind, would bever have sancuioned, Mr. Scudder, coun- sel for the proponents, submitted a written argu- ment, and the Surrogate reserved his decision, RARIKE COURT—PART L Decisions. By Judge Curtis, Brevle vs, Devou.—Judgment for platntim, Warren vs, shieclds.—Reterred by coneeut. Gorgens n vs. Snider, —Judgment for plant. Collins vs, Myer.—Dismissed, Niswalad Couch. —Disinissed, br wsxter v8. baidioin,—Disinissed, Lemon vs, Murphy.—Jadgment for plaintiff, COURT OF GENERAL SEssia Before Recorder Hackett, Assistant District Attorneys Feilows and Sullivan appeared for the prosecution yesterday, PLEADS GUILTY. Arthur Pahn and Walter Conclough (youths), pleaded guilty to stealing a horse aud plumber's Wagon, Worth $350, on the 20th of May, the property of John #. Finn, As the Recorder learned that voth the prisoners had beea m the House of Refuge, he sent them to the Penttenttary for three years, ACQUITTED. John Waters, who, im connection with Frank Weldon, was charged with siealing a clock, two coats and a quantity of cigars, on the 3d of May, from the restaurant of Joseph H. Thies, was tried and acquitted. SENTENCED FOR BURGLARY, Peter McLaugilin pleaded guilty to an attempt at burgiary 1p the third degree. On the ist of May the Tisoner broke into the saloon ot Jonu J. Hayes, 550 ‘inth avenue, and stole eignty-two dollars’ worth Of cigars and forty dollars’ worth of liquor. He was sent to we State Prison for two years and six mouths, Henry Carroll, who was indicted for the third de- gree of burglary, pleaded guilty to an attempt to commit that oflence, ‘rhe boot and shve store of Heury Schwerdieger, No. 111 Laurens street, was burgiariously entered last month and two pairs of | vers, worth eight dollars, stolen, His Honor sentenced him to the State Prison for two years aud 81X months. Elieu Lee, a woman of the town, who was charged with stealing jorty-five dollars from John Miller at @ disreputabie house m Baxter street, on the isth of May, Was acquitted. John McvVourt, a youth, was tried upon & charge of stealing eiglity-five dollars, on the 9th of January from a bur au in the room of Mrs. Brown, matro, of tue Eieventh ward lodging house. Tue evidence was owy Circumstantial, aud the jury gave bim the benedt of the duabt by reudevimg @ verdict of not uiltys SNUINSANE ICONOCLAST SENT TO THE STATE PRISON. ‘The case of speciai interest on yesterday's calen- dar was that of John Gibney, who was Indicted for a felonious assauit and baviery upom Michael Culley under peculiar and aggravating circumsiauces. The complainant tesufled that on Sunday, the lith of May, while present a> the St. Vincent Cathoilc church, corner of Sixty-stxun street and Lexington avenue, his attention Was drawn to the prisoner, who walked down the aisie with a large axe in his hand, and upon reaching a lerge crucifix, around which @ number or children were gathered, the Witness saw tue prisoner push the children away. Cioney then raised the axe and was about to sirike tie cruciix, whea Culley jumped over and caught the axe, whereupon the prisoner drew a kuife aud inflicted two wounds, one on Lue forehead and auother on tue top of the head, from which the Diood fowed 80 protuseiy as to render hun insensi- bie and to disquality hum for work ever since. Edward Phillips, who was attending servicetat the time, witnessed a portion of tne occurrence. After hearing a scream be looked over and saw Cuiley bleeding and Gibney holding @ kul.e in his hand. The witness pusged the prisoner to the aoor and gave him in charge of poucemeu., The kuife or six Inches long, that the prisoner had was and be acted something like @ crazy man, Jonn Mcintyre gave his narrative of the affair, tesulying that he saw the complainant wrencb the axe out of the prisoner's hana, and afterward saw Gibuey take a Kulle [rom some pat of his person d cut Culley in the head, On were brouglit to the station house, John Gibney, being sworn in his own behaif, stated that he had lived iu New York for twenty-tive years; ‘Was a stone cutter by occupation, aba on this Sun- day proceeded to the st. Vincent Catholic church, which he frequently attended bought the axe in Inconerent st my head; the floor it w motion made by defendant's counsel to vacate an | all.’ order of arrest Issued against Baumfeldt, a Russian by birth, at the instance of the pluiatif, who sues to recover damages against him for al! ged breach of prouiise, The moving papers detail the woes of the @Micted Russiau substanually to this effect:—In 1854—he belug then in his thirty-third year Q@frived th this ciuy, Which he made his residen Ball August, 1967, ‘He then took a trip to Caltior- Dia, abu revurnec Way hither from San Francisco he formed the Scguaitance of a perrou by the name of Marcus J. silver and jumily, whom he visited at | their resideuce — her In tue bosom of this happy jamily be met the fair plainud, and ater 4 few preimluary witerviews & Mrs. Asche proposed Ww ‘break the swucer,” which, Among persous of Jewish ‘atu, means an engage: ment or pronuse of marriage. Wien the defendant gaw the ceremouy about being performed he de- Glined to accept it in that light, aud protested that no engagement or thougit of engagement, so far ag he was concerned, existed. Mrs. Asche, nevertie- Jess, persisied in “breaking the saucer,” aud piain- ‘Uf, reiying Upon that as a promise of marriage, now brings suit Jor the breach thereof. Ou behail of de- fendant bis own aMdavit was rew claimed any promise ty warry or commit matrimony With (Le piainud, for the reason that ‘plaiuti is considerai.y older than depoueut, h, puolish 1 notin the @treets of Askelon) her hair ad teeth and wears bas Jost (Tell it not in @ Wig aod ariificial teeti, abd with such @ WomaD he could know no happiuess.” Taking commilsera- tion on the poor Russian, so feurfuliy tmpertiied, Judge Larvemore reduced the bali ty $250, ecintons. By Judge Larremore. Olwell vs. Gallagher .—urder grauted. Sehieisiein vs. Soprint.—Motion grauted, Wop vs. Meyersbery.—Urder for judgment ranted. oer vs, KUedisch..—JInayment ordered. Zeitinger 0s. Bavendon,.—oraer granted for jadg- @ent and writ of inquiry. Thorn ve. Jajucs.—PReterence ordered, Peyrac vs. Yeyrac,—same. si by Judge Joseph F. Daly, Haviland vs, We ie,—urder seed. | Fellows, in After the testimony was in counsel for the priso- | ner claimed that tne prisoner’s demeanor ought to ry that he Was insane, while Oolonel Clear argument, matutained that, al- might have entertained curious notions about the cross, the testimony showed that he was sane eiough wien he stabbed the com- Piainant. The Recorder, in his charge, intimated to the jury chat if tiey had any doubt of the priso- ner’s sanity at the time of the cutting they might again in Fepruary, 1s7l. On hig | render @ verdict of not guilty on the ground of in- 1 | sanity. The jury, however, guiity, and the Recorder sentenced him to the State Prison (or sevea years, Coiouel Fellows remarking that ff the medical attendants at the State Prisou discovered That Gioney was really lusaue they could satisty the though the prisoue: order wis rewovai to the asylum, COURT OF SPECAL SESSIONS. Another Car Hook AQuir—A Driver and Cone id, In Which he dis- y intention to | prixed thirty-six cases yesterday morning. The court Was attended by @ large numver of persons, who ductor Assaulted by a Druake Iwo Monihs ju the Peuitenti ward. Before Justice Shandiey. The ca‘endar at the Court of Special crowded ail the Lenches, ANOTHER CAR SQUABBLE. Jon Dillon was riding in @ car belonging to the Felt line, running from the Battery to Forty-second Bueet, a few Gays ago, and preveaded that he wauted to get of when he arrived at Grand street. He cailed on the driver, Edward B. Sackett, vo atop, but as the latter was on the switch crossing the road be was wwable vo stop at that particular piace, and 60 intimated to Dillon, On hearing this Dillon leaped out on to the platform in front of the car and began to avuse the driver for not oveying his orders, and fnaily struck him in the face with bis fist. The driver sald be would not stand either abuse or blows dant, so he called a policeman and Irom the de Court—Brignoli | driver agreed to this, allow! Whistling Instead of Singing to a Tune of 0, and there make ar- of opera. The plain. | | um, accepting the engagement, which lasted two | proceeded to Chicago, and there effected ar- rangements by which opera was rendered, but which was not @ success 12 a financial sense. After the renditios of the opera several litte bills were [amg oe for payinent, but the wherewithal not ing lorthcoming &@ Warrant Was issued for tie ar- | rest of Mr. Chizzola, who, not caring to spend | many more days in the Queen City of the West, entieated Mr. Grau to nypotnecate ins chronometer | for tne release of his (Chizzola’s) body, with which | entreaty Mr. Grau complied, Cbizzola assuring him | that the company would redeem the watch, put | | Which assurance has never been verified. 1t @p- | rg that the copartnership was to the effect that | | Mr. Brignoli was to have $000 a week for his ser- | | Vices and forty per cent of the profits, and the lesser light8—the other two members—thirty per cent each, and eacn to share the losses in proportion to their interests in the profits. The defence was that | te defendant was not a member of the company, although he aduitted he was to receive $500 a week and share in the profits in proportion to forty per corroborated the plain- He admitted the almost thea society required nger lor the purpose of } cutting down the cross, On the previous day he nth avenue and took tue knife ! to defend himself in case he was attacked by any- | body. ‘the accased was then asked wuy he wished | to strike down tue cros4, and proceede an, tosay, “It{was iny inention to A Rossiau’s Reasons tor Renounciog Matri« | cui down the crows aud put Christ onthe floor, be- cause there 18 no roo for Him or His Father over aud as sounas the cractfix would touch uld smusi every royal clown on earch Doretha Bach vs. Morris Baumfeldt.—This was a | and give religious Itberty aad Mberty every way to ina wid, rendered a verdict of Passenger— y His Ke- sions com- suaded the driver to let the man go, as he wasin a state of intoxicacion and « yy gone,” and the ng the man to remain on the car. When they arrived at the foot of Twenty- seventh street und Tenth avenue Dillon came ous again, in a furious concerning some imaginary insult or wrong which he supposed he had surtered at the hands of the ariver, and dewanded satisiac- Uon. The latter then advised him to return and take his seat inside the car, or he mtght possioly fall oi and hurt himself; whereupon the defendart caught up the oar hook, and, after flourishing it for a few seconds, declared he would have the satisfaction he had asked, What ‘that satisfaction was no one knew. He then struck the driver with the hook, using trightfully indecent Janguage all the time—neaping all je curses: from the satanic ons on Lo the head of the driver, The conductor, finding that the altercation did not Derease the speed of the car by any means, then came forward and requested Dillon to desist from | quarreling with the driver and either take his seat or leave the car. He refused to do either, but struck the conductor in the face with his fist, and sent him, in rogues’ vernacular, a long distance beyond that lace mentioned so clearly in the Athanasian Creed. le Was again arrested, and when taken before tue court for trial was unable to make any other de- fence than that he wasdrupk. Judge Shandiey said that that was no palliation for the crime of assaulting @ man with @ car nook. Suppose. in a desperate | moment the man had been killed, what a fine figure he would have cut at the Court of Over and Termi- ner or elsewhere under trial for murder instead of being arraigned for assanit and battery! He should send him to the Penitentiary for two months and warned him to beware of using iron bars across the | pericraniums of his fellows, COURT CALENSARS—THIS DAY. SUPREME CoURT—GENERAL TeRM—Held by Judges Ingraham, Barnard and Cardozo0.—Nos, 105, U6, 107, 108 109, 110, 111, 112, 113, 1d. SurreMe Court—Circuit,—Part 1—Heia by Judge Brady.—Nos. 339, 309, 181, 383, 45, 49, 77, 115, 121, 169, 169, 211, 22334, 251, 271, 395, 409, 1091, 412, Part 2—Held by Juige Van Brunt.—Nos, 288s, 266, 90's, 1074, 1204, 28835, 8644, 10834, 168, 1090, 1336, SUPREME COURT—SrsciaL TERM—Held by Judge | Sutherland.—Case on, SUPREME COURT—OHAMBERS—Held by Judge Car- 1070.—Nos. 46, &), 149, Held by Judge Barnard.— Nos. 65,. 60, 865s, 98, 99, 145, 163, 176, 179, 180, 181, Hl a 183. Call 2u4. Heid by Judge Ingraham.—Nos. , 10, 98, 137, 198, 199, 200, 201, 202, Surexior Court—TRiat TERM—Part 1—Held_ by Judge Spencer.—Nos, 501, 1385, 679, 893, 933, 713, Douir. Nos. 60, sic)'200, 1250 1984) 186,552, O12, our.—Nos. 650, 260, 1256, 13 2 510, 216, 078, 64, 685, 704, 708. i COMMON PLEAS—Part i—Held by Judge Joseph F. Daly.—Special set down causes—Nos. 929, 902, 932, 113, 933, 960, 224. Se? down causes of May term fur June—Nos, 80, 45, 65, 73, 100, 137, 151, 174, 2, 19 2, 3dY, 345, B69, 393," 431, 518, 52 755, 815, 843, 846, 847, 866, 891, 906, 22, 925, 935, 914, 951, 1405, Part 2—Held by Judge Daly.—Nos. 13, 61, 65, 917, 853, 865, 915, 946, 947, 585, O44, 615, 974, 975, ComMON PLEas—EqQuiTy TerM—Held by Judge Robinson.—Nos. 77, 45, 117 to 142 inclusive. MARINE Court—Part 1—Held by Judge Curtis.— Nos. 5664, 5849, 5906, 5995, 6014, 6015, 601), 6025, 6030, 5602, 5566, 5902, 5996, 6622, and Doliner vs. Isaacsen. Part 2—Held by Judge Alker.—No3. 5782, 5808, 5838, 34., S875, 6654, 5976, 5985, 5986, 5990, 5993, 5904, 5997, 5998, 6427, 6203, Part 3—Held by Judge Tracy.— Nos, 6657, Hendrick vs. Nilson, Woodruif vs. Shel- ton, Mollaz vs. Hewitt, Doorland vs. Sampson, 5820, Bruce vs. Franklin, 6476, 6641, 6572, EROOKLYN COURTS. SUPREME COUAT—3PECIAL TERM, Tho Assessment Imvroglio— Judgment for the City. Before Judge Gilbert. The suits entered against the city for an Injunc- ton torestrain the Collector of Taxes and Assess- ments from collecting assessments due for repairing Montague, Pierrepont, Schermerhorn, Smith and Cumberiand streets, Pirst place, Portland and Atian- tic avenues, came up again before Judge Gilpert yes- terday. The proceedings were of an informal charac- ter, inasmuch as the decision of this Court rendered some time ago, which vacated the injunction, was Tegarned as covering the questions involved, and cousequenty entitiing the city to Judgment on the boy et On behalfof the property owners, however, Mr. Choate stated that he formally opened his cases, and Mr. De Witt, Corporation Counsel, moved that judg: ment upon the pleadings be entered. Mr, William M. Evarts stated that he desired it sim- Ply to be understood that he tendered proof upon the allegations in the complaints. The Court over- rwed against the ofter of proof and decided in favor of the motion, giving judgment to the city. The cases Wili LOW go ULon appeal. UNITED STATES DISTRICT COURT. Important Decision in Admiralty. Before Judge Benedict. Wivliam D. Morgan vs, James T. Tapscott, James Hi. Spencer and the Ship William Tapscott.—I am of the opimon that the decision of the Supreme Court of the United States in the case of tue ship John Jay 1s decisive in this case. According to the reasoning of the case of the John Jay such an action as the present cannot be maintained in the Admuraliy. ‘The principle ‘n the two cases ts the same, and 1 am pound, therefore, to apply here the rule iaid down by the Supreme Court, and pronounce against the jurisdiction. The same eifect was given tu the decision of the case of the John Jay, in a case mnilar in Many respects to the Vee » by the rued Judge Ware, (The Wiliam D. Ri Novem- ver, 1857—1v Law Rep., 501.) The exceptions to the Jurisdiction of the Court are, therefore, sustained, and the libel disunissed for want of jurisdicuon. COURT OF APPEALS. Decisions. ALBANY, June 6, 1871. The following decisions were rendered in the Court of Apeals to-day:— Judgments afirmed, with costs.—Atkins and Anotner vs. Elweil and Otners; Scoville vs. Maury; Pomeroy and Another vs. Shaw Concklin an Another, Assignees, &c., vs. The Second Nattonal Bank of Oswego; Warring and Others vs. the Indem- nity Fire Insurance Company; Anderson and Another vs. Brower; Oddie et al. vs. ‘The National City Bank of New York. Judginent affirmed, with costs, and clerk directed to send with the remittur certificate filed here- with—bBigelow, by Dike, his Guardian ad litem, vs. The Erie Ratiway Company. Order aitirmed, without costs, of this appeal to either party—Erie Ratlway Company vs. Ramsey. Judginent reversed and new trial granted, costs to abide events—dorton vs. The Erie Raliway Com- pany; Laldwin vs. The United States Telegraph Com- pany. Appeal dismissed, without costs—Abvott vs. The Metropolitan lasurance Company. Motion to disuiss appeal denied, without costs, and the clerk of the Supreme Court directed to re- turn papers used upon motion to substitute—Ger, ¢ Hitchman, Who arrested the prisoner, said | trude A. Hackett, ex. ttt i. that he saw people rusum@ out of the church, aud bts ee ig ie eer ple eh } that when he took the prisoner in charge a | on the right hand was cut; the axe aud the kuite order tied; Richard Hackett and Gertrude A- Hackett, ex., &c., vs. Baldwin. Judgment modified aud plaintiffs declared en- Utled to a satisfaction of the judgment on paying the amount due thereon after deducting $500, tie interest or C, D, Maller therein, and the interest on said amount, and as thas modified the judgment 18 afirmed, without costs in this court to either party Qs against the other—Beers vs, Henderson. COURT OF APPRALS CALENDAR, The following is the Court of Appeals day calen- dar for June 7:—Nos. 3734, 279, 300, 301, 302, 303, 2 269, AONE HUNDRED DOLLAR COSTUME. The Desires of a Domestic for Her Mistress Best Dress—Stealing, Fleeing, Hiding, Ac+ complies and Arrest, Catharine Burghard, a very engaging kind of a domes ic, was yesterday taken before Justicee Ho- gan, at the Tombs, charged with stealing a magnifi- cent costume dress, worth $100. the property of Mrs, Elen Perry, of 59 New Bowery, by whom sie has lately heen employed. Catharine was left alone in the house on Sunday last, aod conceived a strong predilection for the dress, which desire she aeter- mined to gratify, She took the dress, locked up the roon im which she found it and left the house, When Mrs. Perry discovered the loss of the costume, and on inquiry failed to discover tne whereabouts of her renegade servant, she gave information to the police, who found ber at ‘No, 62 James street. But the valuable garmeat had passed into other nands. She admitted having sold 11 to Hannah Connors, of No. 33 James strect. Han- nah, in turn, finding 1% of too great value for her own use, again disposed of it to Ellen Burke, young girl living in Roosevelt street, for a trifii sum of money. The officers arrested both Burghat and Connors, whom they took with them to Burke's house for the purpose of tdentifying the property. Arriving at the latter's residence, she adinitied purchasing the dress, and handed ‘tr over to the officers; but, like her friends, she was taken to the Tombs, where they were all cemmitted for trial. THE TUITE STABBING CASE. Ante-Mortem Statement—An Ice Talk Lend- ing te a Row. Yesterday afternoon Coroner Hermann proceeded to Bellevue Hospital And took the ante-mortem statement of William Tuite, who was stabbed in the abdomen by aknife in the hands of Patrick Kane, with whom he had @ quarrel at agroggery in West Tweifth street. Tuite sald he was talking avout ice when Kane cailed hima “d—d Har,’ to Which he {Luite) responded in similar language. Then they ad a clinca, and Kane, being pushed off, pulled out aknife and stabbed Tuite in the abdomen, immedi. ately after which he ran away. Ture says he never spoke to Kane before that night, They were both under the 1ufluence of fiqdor at the time. ‘The jury rendered a verdict against Kane, who 1a in prison awaiting the result of hie victim's injuries, gave him tn charge, The poliogman, however, per , Tuite’s life is in no Immediate danger, Toe 0B 1Ots 1AOs 184, O40, 2525, | WALL STREET, } Tursvay, June 6—6 P. M. On 'Change to-day wheat was firmon light re- ceipts. The cotton market w as active and excited, and underwent a@ further sharp advance, particu- yarly in contracts for future delivery, The semt- ofictal statements with reference to the diminished acreage of the cotton crop for 1871-72 started a small panic among the “shorts’ and forced many of them into covering. A telegram from Washington, worded asit denying this statement, but not explicitly doing 80, caused a subsequent decline, ana the mar- ket became feverish and unsettled. ‘THE EXPORTS OF THE WEEK. The aggregate amount of exports, exclusive of specie, from the port of New York for the week ending June 6, 1871, was $4,587,762. MONEY EASY. The money market shows. no essential change. | Among the government dealers the rates on call are two to three per cent, and among the stock houses three to iour per cent. Prime commercial paper of short date is readily placed at five per cent discount, FOREIGN EXCHANGE LOWER. The active borrowing demand for cash gold un- settled the foreign exchanges until toward the close of business, when comparative steadiness was restored by @ lowering of the rates for sterling an eighth per cent, Quotations closed as follows:—Sterling, sixty days, commercial, 109% a 110; good to prime bankers’, 1104; a 1104; short sight, 1105; a 1104; Antwerp, a@ 5.15; Switzer- land, 6.1744 @ 5.13%; Hamburg, 35% a 36'; Amster. dain, 40% a 41; Frankfort, 405; a 41; Bremen, 78% a 7934; Prussian thalers, 7134 a 71%. A “SQUEEZE” IN GOLD—112}¢ A 112%, The ‘“buils” in the gold market made good their threats of locking up gold and forcing the “shorts? into paylog extravagant considerations for the use of itin the Clearing House and for uclivermg gene- rally. The sum of $3,000,000 was withdrawn from the market, as shown by the Clearing House figures this aiternoon. The “bears’? were cousequently | compelled to borrow at the best rates possible, and the demand became so sharp that they paid in some cases as high as per cent for the use of gold unul to-qorrow. After the Clearing House settle- ment some of the “bulla” who had held out for still higher rates were in turn forced to find a market, and the rate dropped to “Mat.” The last rate, ex- Clearing House, was 1-64; but in the engagements for to-morrow fresn activity set in and 3-32 was paid for the use of gold in the next settlements, The specie export to-day was only $201,000, although the engagemeuts were originally larger, the withdrawals having been made on ac- count of the temptation to employ the goid tn loans. The change in rates for cash gold led :o a general shifting of loans, and the clearances show immense transactions, The actual dealings 10 the market simply responded to the difference for cash gold and were not above the ordinary amount. The fuctua- tions in this respect are shown in the table:— 112% is 12 a 112% In the gold loan market the rates for borrowing rangea from flat to 4 percent per day. The opera- tions of the Gold Exchange Bank were as follows:. Goli cleared. . $117,413,000 Gold valances,.. 8,959,511 Currency balances. 4,524,027 GOVERNMENTS FIRM, The government lst was strong and a fraction higher, in sympathy with the advance in gold, ‘rhe aaditional subscriptions to the new loan to-day were $20,000. The foliowing were the closing street quotations:—United States currency sixes, 11534 @ 115%; do, do, 1881, registered, 114 a 114%; do. do., coupon, 117% @ 117 do. five-twenties, registered, May and November, 111% a 112; do, do., 1862, coupon, do., 112 a 112g; do. do., 1864, do. do., 111% @ 112; do. do., 1865, a0. do., 111% & 112; do. do., registerea, January and July, 110% a 110%; do. do., 1865, coupon, do., 11434 a 114%; do. do., 1867, lo. do., 114% @ 11434; do. do., 1863, do. do., 1144 @ 114%; do, ten-forties, registered, 1094 a 109%; do. do., coupon, 110 @ 11034. SOUTHERN SBCURITIES FIRM. The Southern State bonds were firm, and for the Tennessees and South Carolinas higher, The Trea surer of the State of South Carolina advertises his readiness to pay the July Interest on and after the 1st proximo, aud also to redeem $200,000 of the prin- cipal of the debt falling due on that date. The fol- Jowing were the only quotations made at the last board; nnessee sixes, Old, 713¢ bid; do, do., new bonds, 7174 bid; Virginia sixes, old, 6844 bid; do. do., new bonds, 73 8 7444; do, do., registered, old, 56a 664; Georgia sevens, 94; North Carolina sixes, old, 4734 & 4734; Go. new bonds, 2634 bid; do. special tax, 19% a 2014; South Carolina sixes, 75 a 78; do. January and July, 6334 @ 63%; Missouri sixes, 9574; do. Han- nival and St. Joseph, 04%, bid; Louisiana sixes, 68 a 70; do. new bonds, 68; do. do, levee bonds, 684, & 70); Alabama fives, 73 bid; do. eights, 102 a 104, STOCKS STRONG AND BUOYANT. ‘The stock markes was strong throughout the list, with a sharp advance in prices. The railways were favorably influenced by the announcement that the trunk lines to the West out of New York had agreed to a 1urther advance in tne tarlif of freight charges, the new schedule of rates being, on an average‘ about 25 per cent higher than that previously adopted. A Washingion despatch says that the Secretary of the ‘Treasury has not as yet received the opinion of the Solicitor of tae Treasury on the right of the New York Central Ratlroad to appeal from the recent decision of Commissioner Pleasonton, and that if the Solicitor decides that the Secretary cannot entertain such an appeal the raliroad-company will, itis understood, pay the tax in accordance with the Commissioner's decision, and then file a refunding claim and carry the case into the courts. Lake Shore advanced to 1164 on the statement that the directors will hoid a meeting on Thursday next im this city totake action with reference to the scrip divideud. Rock Island ad- vanced to 125, HIGHEST AND LOWEST PRICES. The following table shows the highest and lowest prices of the principal stocks auring the day:— New York Central consolidated New York Central scrip. Erie. . Reaaiug. Lake Snore Wabash. Pittsburg. Northwest Northwestern prefe! Rock Island, St, Paul. St. Paul preierred... Ohio and Mississippi. G, C. & I. C. Hannibal and St. Joseph. Hannibal and St, Joseph preferred. 93 Western Union Telegraph. 56% Pacilic Mail........+ 43% SALES AT THE new YORK STOCK EXCHANGE. Tuesday, June 6—10:15 A. M. $4000 US 5-20, ©, "67. 2% shaCon Clof Md... 50. HOU do. . By oven L'¢ 200 100 bu wo 100 100 do. i 50 Quick M Co. B vo do... . us 100 Pac M 88 4“ tie 100 Am Mer U 56 ww 100 Adam the 1000 Gt West 21 m. 8 0 8 1000 Pitta, FtWaChic 2d lol low d0.. 8L $0000, C210, 24 m... 72 8000 States Express... 04 5000 NJ Con, b...... 108% 10 ao, BB: 10000 Cedar F & Min ist. #8 4HUNYCAHRRR..be 98) 14000 "do... 2 tg ao. ve, WAS 10.0 Tol, Peo & W2d.. 7134 10W00NY C& HR RRef rd LO doves ge 10L84 MSR Ha 500 100 Cae 2 NW. jw do. 100 Chi AN W pi ‘WOU New Jersey a chicd RE \ One o’Clock P. M. CRHRR,ve 981¢ ++ Sg ge3 ee = SEEe: SSEleze! - Pe in G red, &: meee! 3 = a 1G bd 100 Weils-Fargo 8 Co. iF e rs of ra STREET QUOTATIONS. Cumberland out, Tie.; Stratf and | geebeteetaent tei Sree ta mer] 7 tra mess, #20 a 85 for pr ‘ne meas, Uerces, and Indian tess, ticrees. wei Beef hams were dull and nominal, Lard Heroes (Dart last 1u34e. for July a changed. “There riant sales were effected. We juote:—Dry salted should 6c. ; ciear beilies, 8c. ; beilies, 75gc. # 744°. ; backte cut, 10/ae. w Lic. whort gut, 10/40. & Is red and moked, 1c, a 14jgc, Butter an demand, and prices firm. ir demand for consumption at former prices} bout $1) bags Rangoon at Zc. a 7)60. per IDve! and 200 bags Patna at 7}gc. # 74. per lb. Carolina was negt lected and nominal, a ks ve market was steady bul juiet. Ten tend ized fc. per Ib., gold. Domestic plates were steady at 7c. # llc. per lo. Axt.—Raw was in fair demand, but the extreme views! of bolders retarded business. The’ sales comprised 1,360 hbday including 20 buds. vrime retin Cuba ak ¥9ge. Tb., 400 hdda. good do. vo, at #3gc. per lb» 118 bhds, Prenc Tsiands (yoou fair) at Sac. per ib., 60 bhds. scant Fetining Guba. at Bc. per iby 50 hhds. | pri do, do. at ¥66-100c, per 1b.; 88 hbds. Porto’ Rico 10ige,, “and 100 oda, centrifugal 40. (104 at | 1Oo.. 600 boxes No. realized 10hso. per “ib, | fined sugar ruled alightiy in favor of who disposed { of considerable stock on the basis of past Five oClock P. | Bie. 0 87, SL | & 100.5 Ei a 866 Col,O&Indven Wye 23! COMMERCIAL REPORT. TUKSDAY, June 6—6 P. M. Asurs.—The market continued quiet without change im Prices, Pots, 86 15 a $7 25, and pearls, 89 a 89 75. CorrEx.—The market for Rio was inactive and prices for | ote We quote:—I, ©, charcoal, $8 50 a $8 75, gol cargoes nominal in the absence of transactions, The samples ‘ntos and 6,975 bags Rio, just arrived per steamer Humboldt, will be exhibited to-morrow, which may | induce a better inquiry. A small demand prevalied to-day | for Rio, in lots, at previous prices. Other kinds were steady | _ T Messrs, Arden Rio and Santos & White sum States as follows:—New York, 95,400 bags; Bi 47,071; | Savanna! bile, 8, G vate kr enon | and 150 bales Havana, at from ¥7isc; t0 $1 05 note do, Wie. a Te, Jake. ; extreme range for lots, 14: fn bond, thirty to sixty days’ java (government ce @ Lic.; Maracaibo, Ii guayra, Lic. a Ji 1 4,000 le, & 5c; ; Mexican, Lig. j Savaniita, 1 | tbe, unwashed, Sie. s a as + & 16c., all gold, tnirty to atv dava' cmsdi, duty Corper.—American ingot was in fair demand at about former prices. We note further sales of 275,000 lus at 21 @2legc. per ib. for lake, Manulactured was without cssui- Hal cuauge in value under a moverate ing Je, ale. per 1b.; new a per Ib., and uo, ‘air demand prevailed for cotton on the spot desirable spinning wuaiities, For ts description a (urther decided advance was esiablisned. Gi low middling Were scarcely suinble. ment of Agriculture, dated Washington, June 6, denies that it predicted » very short crop tor 18/], aud states that no Official estimate had yet been made. An estimate of acreage and a statement of the conaition of made within two wee! with a downward teudeu growing crop will market to-day closed .. The saies were as follows: — de, Alabama. New Orleans, Tera 1b 4 16 16, erratic, and under considerabie excitement pri and the market closed weak. bracea 11,300 bales, as a esterday alter *Chan; as follows :—July, 100 at 18 18-ive., August, 100 ‘at i¥e,, 600 at 19%0., ptember, 20) at 1840, veruge quotations of were as follows:—Juue, 1 1,000 at 19¢., 200 at 1940. rel eaterday'n forward ‘deli July, 18.540.; Aug Gaiveston, 138 433; Boston, 18, buies same day lust week, and Bombay shipments since Inat report o June 5, 58,000 bales. The closing rates (or cot- ton freight were:—To' Liverpool, by 64.5 tv Havre, by steam, to Bremen, by steaur, 5 Baitic porta, by jerate dem: limited to jots, at 18c. = léc. per lv. for adamantine yperm adc. per ib. for patent sperm, and per lv, for steario. FLOUR AND GRAIN.—Receipts, flour, 15,087 bbis, vushels; cora meal, he flour market ruled grades is light, but Temain noioivall Kye flour was | of the massacre. The Apaches, you Ksow, hav prices. Corn meal was it for bbls. aod trmer for sacks. The sales total, 5,138 bales, againal 2,581’ baies same ¢ , gold, compressed; to The sales were ‘The supply of shy demand ia also very ght mF ‘The sales were avout demand at unchang quiet and stead Were about 125 bbls, Marsh's caloric at $4; saeke quoted at $1 24 for coarse, 81 87 for fine, $1 40 for fine sifted and #1 $1 70 for bolted whe and yellow. we Ml und hoop Obio, shippt Round hoop Ohio, trade branas. re St. Loui choice double ‘extra. St. Lonis choice tamil eer rare Sanaa: SSSERSTOSELTE, common waite. Cora was Grm, with sales o| bushels at 70c. @ 7c. for new mixed, 735yc, for choi ‘The market closed quiet and # shade exsi Oats were firmer, but closed dull and lower. about 63,000 bushels, at 6dc. « 66c. for Western, 67c. a 6750. aud rye were dul and nominal. ‘There 3 f. firm but quiet; 9d. was asked for grain, by steam, to Liverpyol, without engagements, the d mostly for room by sail. aca) bush Liverpool, by sail, 7.00 bushels corn 7,500 busheis wheat at 754d. rn at8d. For Bristol, by sail, 22 ‘or Antwerp, 80) bags ‘A British brig, hence to Cork for orders, tothe United petroleum, at 6s. 3d,, or if to the Continent, Unig, with 1,10) bola, petroleum, same vo; ;@ North German brig, ort in the German Bal to the Russian Baltic, bs, ‘be. for yellow. was no demand for ei FREIGHT continued The charters in- Kingdom, Wb! me be ms, from New Orlesus toa direct ort in the’ Mediterranean, cargo of tobacco, on private rms; an American bark, to Penarth Roads for orders, 200 ri the following quotations and cloth, 18c. # 18) tu Ye. a Iie; neater, 8. Western, 70. « 10c., and ol ay HAY AND STRAW were moderately nctive and steady at $110 & $1 90 for retall long rye, $1 36 a 1 40 for short rm for sbippin, * wo ite ter AND JUTK.—The market for both fore! dressed. do $179 a 918% per to undressed do. $175 a $185 per to Bigona See, golds Tamp) » | mander; ig rendered the market | firmer, with but moderate We note sales of 200 tons No. 2 extra American at and Jute butte 4c. @ 4356., currency. Inox. —The scarcity of American’ p' for this description aeckiediy 0 @ sail lot Grey fo ‘of conaiderabi without, howev " pig, under the ‘intuen stead at §84, currency, tons Gartaberrie, to arrive, the spot, on private terms, suppot ‘Ot 'Glengarnock, from di ook, from dock, yer ton for soy. 100 tor aserted Swetes. 400 tons Eglinto he mar 15 @ 86 BU, gold, pr 1, gold, per 10) ibs. for Spanish and G ady, with a amail business ta lote at $10 25 ked ness, bhda, Demerara at S4c. per gallon, ani 48c. per galion, Domestic was in moderate request. Sal re contined to jots. We quote :— hhds, Porto Rico NAVAt, STORES. for considerable Thyotoes. Potne amt bbls. do. at dscns also 400d! salen do. at 463¢0. and PRIROLEUM.—The market for refined was fairl} firm. Crude was quiet, held at 1639c. and 16ige. bi Toe, sales of redned for but unimportant sales about 2,600 bbis., as follows fature deliveries wer bbls. reuned standard whi 4. do. at 263%¢.. In Philadelphia market was dull. 'Shipping crude was held at 19. poteworthy transactions. The ©) bbis, standard white, and ',000 bole, « ‘teed Inet aif June, at 26c., and 60 bis. euch, iaat half of June, Juiy, August and Septembor, ISTONA, — Receipts Pork,808 bbis, ; beef, 35 packages: ta, 816 do. ; iard, 44 do, Fork was acon was quiet and steady, with sal igen Waquote; Abort cigar, | 6Mo- a b/g. ; long do,, Bo. ; short °. 13°40. for crushed and powdered. at which the market cl firm. We quote: Cuoa—incerior to common refinta ‘air to good fair retining, Sigc. @ 924¢.; good to cholee Heese ose: os 0 "4 boxes, he, 3 oer molaatts, prime reining, 93sc. a 90. 5c. § 2 7%0. Boxes. Dutch standard, Nos. 7" 0 ¥, 8c. & 9c. es eden E ‘ico. ic. Braxil—Duteh, ‘Duteb standard, Nos. 10 Manila—Curreut cl ‘and superior, gar was firm, with a fair demand, closing Inige. for sort white and 13146, for hard, ‘ALLOW continued active and firm. Sales 200,000 Ibs. at Siye, a Dio. ‘Tin.--Plates were in moderate demand at previous pri We note sales 2,100 boxes charcoal, xssorted sizes, on prival pei x; 1. O, coke, #7 98 a %8, gold, ‘per box; charcoal 7b a 8 60, gold, per box, and coxe cerne, BB 19g a 87 19) gold, per box.” Pig was quiet. The sales {ncluded tons £1 lish on private terms. We quote: auca, ie.» yo fy Straits S2go. a digo, gold, per tb, aud Engi aes sc., gold, per ib. TOKACCO.—The market for Kentucky was decidedly moi active. ‘The sales reached 400 bhds, for export and 125 fl for local trade, at Bc. a lle. per Ib, Seedieaf was in ful demand at fall prices. “The saies were 481 cases (1370) necticut, Massachusetts and Ohiv fillers and seconds on terms; 50 cases (1869) sundries, at S8c, a 56e. per per lb. 1 ole, ‘The market ruled steady, ic. a if 5 ISK RY,—Keoel) with sales of wW0 bbls. at Woot.—The market for fleece continues very firm, the mand still exceeding the suppiy of desirable kinds, ‘Call and Texas is via be or request at rather better iba, do. burry fall, 25 603¢0. a 58c. ; 6,000 ibs. Texas 26,000 Ibs. Cape, 35c. a 7 00 ‘000 Ibs. mestiza pulled, 8,000 Ibs. Cape do., ail on pri SES! \ DOMESTIC MARKET:. i Naw On.rans, June 6, 1871. Cotton active; middiings, I8xc.; net receipts, L812 bales oay, 1,86 vaies; exports to bremen, 1,814 bules ; sales, 6,0 wales siock, 95,663 bales, SAV, ion in good demand; middlings, ts tothe Continent, 847 bales; aulve, 200 bales: Flour—Spring quict and orm Wheat easier; No. 3 spring 81 % dui at &, wi aw Sl 23g, seller Ne mi yc. @ S04e.. cash; afternoon dull at O3c., sel June. Oats weak; No.2 ‘a 880. for No. 2. Barley nom Bic, sions firmer. Mess pork 314 50 cash, 14 3734, seller July. 1rd firmer aud 9¥c. cash, lOc, seller July. Me j rough aides 7c. 3s Live hogs di at 3 40a $3 95. Cattle ver uahels corn, 4.00 bushels rye, 880 vushels barley, 6,009 ho} Shipments—1.000 bbis. flour, 6 7,000 vusneis wheat, 16%, Dushels corn, 15,000 pusheis cats, 375 Fusueis rye, 4,000 hoges, Freighta active and advanced Jc. ; corn tu bullalo, 43gc. Oswnco, June 6, 1871. Flour steady and unchanged; sales 2,300 bUis, No. | spring, and 837 Ex at $7 25 for , $7 50 for amber wiuter, $5 for white winter, Tor donble extra, "Wheat scarce; sales ou ing, by sample, at $1 4136; ia at 8) 85, 1,000 bushels extra jhels No, 1 Milwaukee: ; wales 4,000 oushela, im lots, at 65a,’ Guis dull anlew 400 Dusbe's Western at Glo, | Corn meal, fo ant for unbolte i Miilfeed— uuchal horts, B23 ok Su Sip stulfe, $25 a U8; middlings, $28 a. 83% per ton. | His wia 92c. a Y4c. Cenal freights—Fleur Sic., wheat Tog corn bso. to New York ; lumber #3 to the Hudson, $3 70 to New jork and to Philadelphia. Railroad jreighte— Flour to Boston, 58c. ; to New York, 40c., and to Albany, 850.) Receipts by lake—2,50) bushels pens and 644,000 feet of lume ber. Shipiaents by canal—l4, bushels wheat, 7,800 buske els corn, ¥,000 bushels oats and 768,000 feet of lumber. TSE RED MANS WRONGS. An Eye-Witness’ Narrative of the Massacre’ at Camp Grant—Peaceiul Indians Butchered in Cold Bluod—Thirty Young Squaws Card ried Of into Debauched Captivity—Tho Apa Swear to be Revenged Upon the Whites. From a private letter written by an eye-witness off the late Apache horrors in Arizona we make thd following interesting extract:— Let me explain to you exactly the eircumstances, Club at $146. abtc. Oats du always been comsidered the most hopeless of In- dians, and have always refused to treat with the government or go on any reservation, The poi commander at Camp Graut, Lieutepant Wiitman, a %3 ey believing they could be much improved by a 2 SYSTEMATIC COURSE OF KINDNBSS, $33 | naa gradually induced five hundred of them, come, mencing with a few starving old women, to come dato camp near the post and accept food and rota Contrary to all expectation they seemed grate and disposed to make terms with the government at last; the men were obedieat to the sligltest sug | gestion from their new found friend, and the womem and children seemed gay, happy and contented; he spent hours explaining to them, through bis iatere reter, their duties to the country and told them hey would be taken care of if they would only be peaceapie and industrious. They comprehended tne situation at once, and had made a brave begin« ning toward improvement and were even clearing the ground to put in a crop of corn. But the NOTPRIOUS APACHE AT PRACE ‘was no good news to the white adventurers, wi! Nving depends entirely on the few thousanus hunted and ignorant savages, and accordingly a et) for | Party of white men, who prefer hostiie indians ad more lucrative, at and near Tucson, formea tha humane plan of attacking thts peacefal camp near us and Killing every man, woman and child they could lay hands on, A messenger was despatched! w Lieutenant Whitman, telling nim his protéged were in danger, and he sent immediately to warn the met red men of their peril, His messenger was too late—the burning huts and the ground airewn with BODIES OF BUTCHERED WOMEN AND CHILDREN ‘was all there was left of the first earnest atiempt a civilize the Apaches, 1t was an awfal sight. ‘Tn sorvivors had fied to the fastnesses of the moun~ tains. Word was sent to them to bring in their wounded to the post for care, and they did so, th principal chief being first to come in. He was nak and when he held out his hand for the usual shak he was 80 choked he could scarcely speak. Alm ‘or | like @ human being, wasn’t it? Vointing to his naked and solitary con‘ition he said, “This is my family THREE WIVES AND SEVEN CHILDREN being killed before his eyes in the space of five minutes, ‘The rest came straggling in one by one, stripped ot their clothing, their hair pulled out or cut off, and seemed enurely heart-broken. This slaughter was the end of their first avvempt at ac- cepting the white man’s protection. “BRING US BACK OUR CHILDREN,” they said to the post commander. “aud we will go away from the white man’s sight.” Thirty -of the young and pretty squaws had mM carried Ol tom debauched captivity. When the commander told them he woald do ali he could it seemed to thena like mockery. The chief said, “If you had Jost your children and asked me to re- take them i should have said no, or | should have got them for you at once, or lost my life trymg to’? “Your ways are not our ways, and I can only say 1 wilt do all can for you,’’ responded the com- ‘you know what Ihave done for you b.- fore.’ “You know us so well,” replied the chief, “you know what our ways are. If our people are killed we find the parties guilty tfwe cap. If not we kil anybody we meet, except our sworn friends, You know we have never told you a lie, and you have ne\er led to us; and now we tell you again we will keep quiet and see what this great government of. yours wiil do for us. We know, too, that the men that killed our kindred do not wish us to he at peace,; and that they hope to drive us off, After we wall for your governinent WE MUST HAVE OUR REVENGE, If it does not revenge our loss we will come and, tell you, our friend, before we do any sing, that x may notbe able to say, ‘Those Apaches that I fed, that I worked for, whose childrea I buried wnat the’ coyotes might not eat them, lied to me and faaid they would keep the peace.’ We cannot be at peace when our children are captive and our iamilies killed: by our enemies.” WHAT CAN BE DONR under such discouragemenis to civilize the Indian ¥ Among a people who make more money off Ins whoop than when he is at peace how can Christianizing process saeceed? 1 am no advocat of Indian saintiiness of character; but, viewing th above unprovoked butchery of weil benaved Indians, are you not compelled to admit that the red man quite a8 desirable a neighbor as the majority frontier pale faces? A Captive Among the Gentle Savages Ena dorses Major Mowry’s Statement. New York, June 6, 1871. To THE EDITOR OF THE HERALD.—- ; 1 have had the pleasure to read the very truthful’ article in your issue of to-day from the pen of the well known and esteemed army officer, Sylvester Mowry. Delicacy—as a woman understands the word—might restrain me now; but, however, pride’ and trath require that I shouid forget sex and en- dorse, ag one Who has known and suffered all but death at the hands of the “gentle flock” of the hiianthropic Vincent Collins—faithfully endorae— 'r. Mowry’s statement. Indeed, the President has dones good thing in the ordering of Major General Crook (© this sphere of military life, Oh! would that Old Hickory and Harney were living! How luke the pide'asharp answer to the man who handi it would come, ‘Wipe them out.” 1 endorse evel word of Major Mowry’s arucie Apaches. une Arizo} FANNY KELLEY.