The New York Herald Newspaper, June 24, 1871, Page 6

6 “THE INDIAN COUNCIL. Grand Council of Chiefs at Okmulgee. A Red Warrior for Governor of the Indian Ter- ritory—But One Way to Preserve the Race from Extermination—Wild Tribes Desire Peace and Permanent Homes—Wrongs of the Osages—Yhe Territorial Constitution Approved. CHicaGo, June 23, 1871. A despatch from Okmulgee, Indian Territory, dated June 10, furnishes further particulars of the great Inaian council. Much uneasiness is felt by many here lest the President should exercise his constitutional right of appointing men from the United States to these higher oMces, To do so would create widespread dissatisfaction, There are men in the Territory unquestionably competent to exercise the functions of seif-government, and as the population are extremely sensitive at anything that looks like the subordination of the mterests of the Indians to those of the whites, this exercise of the appointing power at Washington could not fall to be productive of very miscmevous results, The delicate position m which the civilized nations are piaced in reference to their wila brothers renders adaitional guarantees of their secure and perma- nent occupancy of this territory absolutely neces- wary. Here are a number of warlike chiefs from the Cheyenne, the Arrapahoe, the Caddo and other tmbes. These painted and befeathered bretnren have been cordially received at the great council fire, and the aiffereaces vivialy depicted to them of the two roads that tay before them to pursue. While the path of peace leads to secure homes, benign treatment from their great father and all the comforts enjoyed by their civilized brethren, the red path will lead to their ultimate extermination, and alife of poverty and privation while they are Ri rmitted to roam the plains, This vital matter as been deliberated by these chiets, and their utterances were all emphatically and unvaryingly for peace with the white man, and a life of pro- gression and useful industry. Bat they want per- immanent homes guaranteed to them. In tneir re- plies to the florid oratory which paints to their absorbed attention ail the millenial blessings that attend a iiie of — peaceful _ pursuits, they first ask, can permanent homes be guaran- teed them? All tell of spoltation and deportation by the frontiersmen, The Osage chiefs wax eloquent over the wrongs they have suitered. A maguificent domain in Southern Kansas, secured to them by solemn treaty with the United States, was first over- ran by thousands of settlers, their stock driven off and their corn gauh and they finaily compelled to give Way asthe Weaker pariy of the two opposing forces, which, in juxtaposition, cannot coexist. They now ask that homes he given them against the en- croachment of white men beiore they will be willing w Jay aside their blankets and their war paint and spend theig money in opening farms and procuring stock. The committee to whom was referred the duty of considering the best course to be pursued to secure as early as practicable the establishment of the gov- ernment proposed under the constitution, and sub- mitted in December, 187¢, presented their report tus morning, It was read a first time and inter- preted, The report proposed that, 8 a constitution, in the opinion of the General Council, is not inconsistent with the rights, privileges and treaty obligations of the people of the Indian country, aud them the great aud inestimable rigut ot seli-gov- and inasmuch ag circumstances growing out of the 8 on them the necessity of acceding governipent for this territory, Resolved, Therefore, that the action of. the Generel Coun- cil} in 1870, which framed and submitted a constitution to the several nations represented Sn the said council, ts bereby reafirmed. Provision is further made for creating a provi- sional government and the election of a Governor and other officers, whose duties shail be such as are prescribed by the constitution. This report was followed by a proposition of Mr. Brown, a Seminole delegate, to amend the consiitu- tion so as to provide for equal representation in the Senate of the Cherokee, (Creex, Choctaw, Chickasaw and Seminole nations. This proposition has been earnestly discussed for several days. W. P. Ros: @ Cherokee chief, ctiected to it, in that it would destroy the principle of répregentation according to Ppopuiation, as provided for in the consutution, and would deprive the Ottawas, the confederate Piorias, Guapawas, Senacas, Wyandottes Shagaees aud Osages—the small tripe&.-of equitable \repre- sentation in the Senate, He ‘pyper argued that in- asinueh as the constitution had already been ac- cepted by the Creeks it would endanger the confede- ration to now make amendments. This view is held by the ablest chiefs. fhe further considera Uon is postponed ti] Monday. ane Hin naey — AN INDIAN TRAGEDY. Satauka, the Great Kiowa Brave, a Prisoner at Fort Sil—Death Preferred to a Texan Prison—Singing His Death Seng—A St gle for Liverty—Assault Upon the Guard— Satauka Shot, WASHINGTON, Jnne 23, 1871. A letter received by Commissioner Parker to-day, from Superintencent Hoag, encloses a report from Agent Tatam, dated Fort Sill, June 10, in which he states that the Kiowas are collecting the forty-oue males recentiv stolen in order to return them to the agency, and gives the following interesting par- lcu.ars of the death of Satauka while being taken to Texas for trial for killing white settiers:—(n the 8th inst, Satanta, Satauka and Big Tree were informed that they were to start that morning to Texas, to wich they demurred, preferring to be gent any- where elsé. Satauka, whom I have regardeu as the worst Indian in this agency, protested that he would not go to Texas, but would do something and be shot at once. Big Tree told him that if he did they would ali be snot, and taking hold of him pushed him ioward the wagon in which he was to ride, ‘with two soldiers to guard Nim, Colonel McKenzie and Colonel Grierson were near him when he was put into the wagon. The prisoners hed all been carefully searched some days belore, When about one mile from the post Satauka, having finished his death song, had, unobserved, succeeded in drawing his shackles off his hands, and drawing @ buteuer knife started suddenly at his guard, cut Ung one of them slightly in thé leg. They escaped from the wagon, leaving their guns, one of which Satanka took, and while in the act of transferring @ cartriige irom the chamber to the barrel he was shot several times, He died tn about twenty minutes, One random shot hit a teamster, named Antonio Burrel, i the side of the head, but he 1s not considered seriously wounded, Satauka was buried near the post. PROBABLE HOMICIDE IN WESTCHESTER. Uncontrolled Rowdyism in Morrisanin—A Murderous Assault. At Morrisania, Westchester county, yesterday, Coroner Bathgate conducted an aute-mortem inves- igation in relation to a cruel and unprovoked as- fault upon a man named John Karst, whose injuries may probably result fatally. AS the unfortunate man Was wholly unable to articulate, the testi- mony of two young women, who witnessed the assaalt, was ken, which fully proved the murderous nature of the onslaught, It appears that while Karst, accompanied vy three female irlends, Was leaving Karl's Park at te hour last Monday evenmg, they encountered a of rowdies outside the gate, one of whom, as ‘ed, without the slightest provocation knocked 1 Karst’s hat. The javier, 1t ts said, only remon- sirated diy, and, having recovered his chapeau, resumed his Way home toward Benson street with his companions. Before they had reached the Bos- lon road, however, one of the rowdies @ame up from behind and struck Karst a terrific blow in the face, apparently with a steel knuckle or some otter murderous weapon. On & subsequent examination it was found that the force of the blow had fractured Karst’s lower jaw in two places, the serious nature of the ujuries almost pre= cluding the possibility of ts recovery. Although Me police authorities have taken the matter in hand, it i# barely possible that the perpetrator Wull be brought to justice, — i THE HOMICIDE IN MULBERRY STREET. Coroner Young yesterday investigated the case of Lazora Caravento, the Italian who died on the ith floor of premises 38 Baxter street from violence alleged to have been inflicted npon him by Anion Arorti daring @ general fight of Italians in front of premines 22 mulberry street early on the morning of the 6th inst, The evidence of the witnesses was very conmiouing aud unsatisiactory, but enough was de- veloped to show that biiter feud exisis between two factions, or clans, of the Itaitans in this city, wiieh olten results in desperate aud bloody fights. ‘This jeviing existed before they came w America, aud is the Fesult of political troubles in It After 4 long investigation the case was given to the jury. Tuey found that “deceased came to lis death “from fracture of the skull froma brick In the hands of Anton Arorti, alias Bougion, in Mulberry street, June 6, 1671, and we exone Jonu Brown from ail complicity in the muite Captain Kennedy and his detectives are still in searoh of Arort. Coroner Young warned the Itallans ing the court room not t any aiomt the result tots in recmed fuuy Comprehes efore leav- what Le Bald ty them, Rear Admiral John Rodgers, commanding fhe United States squadron in Asiatic waters, has | The Erie Railway War—Violaticns of the deemed it best that no information respecting the operations of the feet under his command while in Corea shal! reach the people of this country through the press. When the fleet was about to sail for the Corea the HERALD correspondent at Nagasaki made application to the Admiral for permission to accom- pany the expedition, never for one moment imagin- ing that he would be refused. Much to his surprise, however, the following reply was returned :— UNITED STATES STEAMER COLORADO (FIRST RATE), FLAGSHIP OF ASIATIC FLEET, bs NAGASAKI, Jaj May 14, 1871. DEAR StR—In view of the unknown character of the country to which we are goiug, and the people Whom we shali meet, after mature reflectien and consultation with Mr. Low, we deem it taexpedient to take any members of the press on this expedi- tion, It 1s not unlikely that the present trip may prove @ pieliminary one, therefore it may be of the first importance to keep our action and furtuer pur- poses from the Coreans. If anything is published, either here or in the Atlantic States, the purport of it will be likely to find its way back to the Coreans, throngh the Chinese, who get access to the contents of our newspapers. Guided by these dictates of prudence, and not from any desire to withhold from the press all rea , sonable facilities, | am compelled to revurn @ n tive answer to your application. Very respectit JOHN RODGERS, Rear Admiral, Commander-im-Chief of Asiatic Fleet. To Mr. Correspondent NEW YORK HERALD, Nagasaki, Japan. To this letter, containing so many good and forcible reasons why members of the preas couid not accompany the expedition, the HERALD's corres- pondent sends the following letter, in which he eaters provest against the Admiral’s decision, We recommend the correspondence to the notice of the press of the United States. NEw YORK HERALD Roos, NAGASAKI, JAPAN, May 14, 1571, Dean Sir—Your favor of the present daie has been recetved and contents noted. Although, a8 @ mutter of course, I must submit to your prohibition of my joiming the expedition to the Corea, I cannot do so without putting m my urgent protest against what I consider a most groundiess, unfair and diseruminating decision. You say that, in view of this being only a pre- liminary trip, ‘it may be of the first importance to keep our action and further purposes from the Coreans.”” In reply thereto I would say that I do not propose to cater to the literary taste of the Coreans by wriung either to or for nem; and how i or any one eise can Keep your actions done in the Corea trom the knowledge of the Coreans I am at @ joss to fathom. And your further purposes I Know nothing of, and therefore can give information thereon to no one, ‘The argument you use that what might be written in the Adlantic States might possibly find ils way back to the Coreans 1s, with all due deference to yourself, a very poor one, Any person in the fleet is apt to wrile a private letter, describing the expedl- dition and everything pertaining thereto, whic can easi.y find its Way to the press. And I certainly cannot see wnat harm a truthiul history of the ex- pedition could do, even if a published account did Teach the Coreans, for they will be equally with our- selves capable of judging as to the truth- fulness of the account; and I was not aware that the circulation of American newspapers, even ol the NEw YORK HERALD, was geuerai either among the Chinese or Coreans. Again, 1am well aware that several persons are going with the expedition, with your knowledge and consent, without being really connectea with the navy or holding any oMicial position. their Rann being on the snip’s books as a matter of form only. And, further, I understand that 5 photographist from Yokohama, @ subject of the Kingdom of Greece or Great Britain, one who has no ciaims whatever on the United Staves government or its ofticers, nas received permission from yoursel! to accompany the fleet. Ido not believe that he has given you any assurance that the sketches he may make Will not be published; and, you kuow, they might find their way back to the Curea. luis under these circumstances and for these Teasons that, as an American citizen, as @ represen- tative of the press of the United States, 1 protest against your decision. As far as my knowledge goes this is the irst time that the press has veen arbitrarily exciuded from joining an expedition of the kind you are to lead, and I am quite coniident Uhat you are the first American navai officer that has ever made a discrimination between subjects of other countries and citizens of the United States un- favorable to the latter. With great respect, I remain your obed:ent servant, ae > Correspondent New York HERALD. To Rear Admiral Joun RopgErs, U. S, N., Com- Mauder-in-Cluef Astatic Fleet, __THR NATIONAL GAM et Detent of the Eckfords by the Olympics of Washington—Score 11 to 3. The Olympics and Eckfords played their first match of the season at the Union grounds, yesterday after- oon, in the presence of an assemblage of about 800 persons. The contest was by no means a brilliant one, as the Eckfords dia not play nearly so well as they are capable of doing, and Marten’s pitching was the worst he has done this season. So far as the piay of the visitors 18 concerned, however, their game Was a perfect success, They batted Marten quite freely at times, although they did not earn a run during the whole game. In ielding they com- mitted but three errors, which 1s as well as any club has done this season. The foliowing ts the score:— [The column headed “R.” indicates the number of runs 1 B.,” first bases on good hi * total bases on put out by the plave. opposite whore name assisted to put out,” ana “£.,” errors made. } OLYMPIC. ORFORD, RAB T, P. A. E. HBT. P. A. E, bap 414d O22 912 11138 23201 1110 0 0 Netson! o21 2 8 0 0 1 Gedney, |. 704 45 01 0 Swandell,2d 521 oo72 c oli Tlv. 000 1110 1g 4 2270 300 15 18 37 79M me ee De fee: ba per | Hatfield, of the Mutual Club. One hour and fifty-rive minutes. Marten, 46. Fort Wayne Vanquished. ‘The uncertainty of the results of games of base ball way never better shown than at the game played yesterday between the Kekionga Ciub, of Fort Wayne, and the Atlantic Club, of Brooklyn, at the Capitoline ground. The former ciub played in the early part of the season in several of the most remarkable games that have ever occurred, and yet, coming here with the prestige of success, but little obscured by one overwhelming defeat, they are routed py the first club against which they are pitted, and that not one which has been regarded, although clauming to be a professional club, as capa- bie of defeating tne first class amateur mines. Yesterday was surely their “bad day,” not alone in the e the players use the plirase, but because With the deieat then tnearred fites away Lie reputa- | tion they hac as iirst class players. From tae score | below IU Wil be seen that the Ativaties decidedly earned the game, their playing beuww greatly supe- rior to that of thelr opponents:— NEW YURK HERALD, SATURDAY, JUNE 24, 1871. THE COURTS. Bevenue Law—The Ramsey and Erie Rail- road Suit Again—Spiritual Brokers in Court—Decisions—Business in the General Sessions. The Erie Railway War. The reference before Mr. Kenneth G. White, the ‘Mascer, in referenceto the Heath and Raphael stock, Which was to have been resumed yesterday, was adjourned until Tuesday next, to enable Mr, Morgan, counsel for Erie, to make a comparison of the list of Erie stock furnished to the counsel by Mr. Hofman with the list in bis(Mr, Morgan’s) possession, and which stock, to the amount of 30,000 shares, Is alleged to be the property of Heath and Raphael, and retained from them by the Erie Company. UNITED STATES COMMISSIONERS’ COURT. Before Commissioner Shields, Mark Gruas, charged with selling cigarettes packed. in boxes which had been once used, was“ield yes- terday in $500 bail by Commissioner Siccids, UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Calendar for Te-Day. Before Judge Blatchford, No. 3039, Buckley et al. vs. The Chattanooga and Alabama way Company; 3052, Clafin et al. vs. Lederer et al.; 3067, Sutphen vs. Lynn; 3077, Gillies et al. vs. Shaw et al.; 3084, Barnes va, The Mannat- tan Engraving Company; 1090, Spence vs, (iood- lett; 3001, Galfer ve. Somes; 3092, Grosvenor vs. Oovle et al.; 30¥3, Hoguet et al. ve. Heliman; 3094, Bailey et al. vs, Barker. SUPREME COURT—GENERAL TERM. The Old Ramsey and Erie Ruilrond Suit Again. Before Judges Ingraham, Barnard and Cardozo. Joseph H. Ramsey vs. Jay Gould et al.—in this case, the particulars of which during the vari- ous stages of the preliminary proceedings have been so frequently and fully given in the HeRaLD that tt is unnecessary to repeat them, a decision has just been given, By this decision the appeal from the order of Juage Brady opening a default is dismissed. All the Judges gave vpinions, Judges Ingraham and Cardozo aftirming Judge Brady’s order and Judge Barnard dissenting. Upon such @ threadbare topic it wouid be a waste of tine and space to give In auy- thing like im extenso the written opinions of we learned judges, Judge Ingratam holds that the action before the Special Term was a de ault, aud the result a judg- ment by default; that the only course tor plaintuls then to take Was to appiy on affidavits for an order opening that default; that this application shouid properly be made to the Judge at.Chambers; tat an oruer opening a default 18 not appeaiabie, che matier betng aadresseu to the discretion of ihe Judge uear- ing it, and that discretion not being reviewable. Judge Cardozo says that with some difficulty he has come to the conclusion that this order of Judge Brady is not appealable, but he cannot allow it to he supposed that he concurs in the doctrine that ail exercises of discretion are not appealable, He nolls that they are certainly not so if there was a palpable abuse of discretion. Tested by that standard he does not feel certain but that tne order should not only be reviewed but reversed. The detault was not only wilful in tne bad sense, but the result of consultation among plaintifi’s counsel; not because they were in good faith unprepared, put because they chose to assume Uhat toe Judge tnen presiding was prejudiced, aud, so assuming, took the responsibility of objecting and declining to go to trial before him. He considered Judge #rady’s action in the matter unwise, because it was greatly calculated to impair the dignity of a Judicial trivunat, wiere one judge aifords relief \o | asuitor who has dared to impugn another judge of the same court. The rizht and diguitied course was torefer such an app.ication to the judge whose au- thority was thus coutemned, and not by entertaining @ motion for relief Which seems to give countenance to such practice to avoid trying a cause before a par- ticular Judge, as Was resorted to here. To enter> tain such motions 1s to sit in judgment over the rec- titude of an associate, ana to establish @ pracice which may some be used against those who assert or approve such a rule. Prejudiced and bitter partisans or disappointed or defeated litigants or practiione.s, whose smail minds are incapavie of a noble sentiment or of any higher feel ng than that of envy at the success of those whose positions they court, but have not intellect to attain or ll, may be allowed to indulge in vituperation of the motives and conduct of their superiors, Proceeding froin such sources attack and abuse are impotent, and only reveal the assatiants, however they may at with nim, but had fatled vo do so, and that he daa been informed by the District Attorney that the Erie Railroad Com; lost $40,000 by the opera- tons, of Hevins and his Sanfederates. Feige hi udgment was suspended upon Jere: \- \- nedy, who pleaded to bi , ube second Wile having appealed strongly to jonor for the disc! of the accused, Who Was drunk wien he married her. HOMICIDE IN A SALOON—ALOIS FRANK PLEADED GUILTY TO MANSLAUGHTER, Colonel Fellows directed Alois Frank and Martin Bogardus, charged with manslaughter, to be piaced atthe bar, and movea to have rdus, whom there was no evidence, discharged, sal the parties were indicted for mansi: ater, the de- gree of which was to be determined Miho evidence, Upon an examination of the case he was satistied that the grade of ciime of which Frank could be found guilty would be manslaughter in the third degree, to whicn he pleaded. ‘The indictment charged that on the 26th of October iast Alois Frank iuficted @ stab Wound upon Ferdinand schwartz, inflicting a wound in the region of the liver, which resulted in his death a Jew days afterwards. It ap- pears that Frank aud Bogardus were in the drinking saloon of the Complainant at 14 Greeuwich sireet and that upon refusing to go out a fight ensued, an during the fracas Frank stabbed schwartz witn @ nife. Recorder Hackett, in passing sentence, said that in view of the fact of the prisouer’s peaking guilty at once he would deduct six months from the pul Isnuent, He Was sent to the State Prison tor three years and six months, Jacob Busbard, who, on the 24 of this month, Stabbed Jonu Baer tu tne a.m, at No. 339 West ‘Thirty-seventh street, pleaded guilty to an assault With Intent to do bodily harm, aud was sent to the Penitentiary lor one year. Josaua and Louis Levi were tried upon a charge of burgiariously entering the premises of Casper Lovitz, No. 160 Nast B31 Way, on the ist of June, and stealing $500 worth of caps. It came out in ine course OL the trial that tue youths were sent to this country by the Baroness Rothschild, apd there being @ doubt as to their guilt the jury rendered a verdict of not guilty. David O’Brien, who was charged with stealing some clothing oa the oth inst. trom Frank Finuegan, Dieaded gulity 10 petty larceny, and was sent co We Yenitentuary for six montis. THE LANAHAN TRIAL. SEVENTH DAY’S PROCEEDINGS. The Summing Up Resumed by Judge Reynolds and Gencral Runyon—Abie Speeches on Both Sides—The End for the Pres2at, ‘The crowd of ministerial visitors had so largely in- creased yesterday morning, that it was nevessary to make a ‘bar ” to the house to separate the commit- we from strangers, Judge Reynolds then resumed the summing up for the delence. There was some- thing at the outset, he said, which struck him as singular in the condition of Dr. Lanahan, Counsel for the prosecution has insisted that the single act of Dr. Lanahan, for which he has been arraigned here, is but one of a series of acts four which he ought to be decapitated. And then it is proposed, after Dr. Lanahan has been turned out, to investi- gate his charges of fraud and mismanagement against thisConcern. The prime charge here against Dr. Lanahan is that he has applied to the civil courts for those books to which he has been demied access by the senior agent, notwithstanding he has told Dr. Carlton and this committee that if he can now have those books he will withdraw his maidamus suit. If he could nave this mght otherwise then he would concede that Dr. Lanahan had gone into the ctvil courts unnecessarily, The prosecution denies him this right practically by showing from the practice of tne Churen in this parucutar that the junior agent has no rights but such as the senior agent may aliow him. The Judge then read from paragraph 3, section 6, page 252 of the Book of Discipline to show the joint authority of the agents, It reads:— The gents shall have authority to reguiate the publications other parts of the business of the Concern, except litorial departments, as tue state oi the finances wii admit and the aemanis may requil dt shail be their duty to send an eabiolt of the state of the Kook Concern at New York to each session e! the Annual Coufer- ences, and report quadreuntally co the General Conierence. Counsel contended that under tnis section one ageut nas ag much right to know what is in those books as another. Three members of the committee have expressed their surprise that this right should tempt to Wash and conceal themselves in their true light, making tae assailed brighter by coutrast. B.t, continues the Judge, it will be sad, indeed, when judges will give color to baseless assault npon each other a granung favors to those who make them, instead of pro:. pily and effectuatly rebuking the Being willing to give the respondent the beuefit of the doubt whether the case should or shofud not be cons dered within the principle men- tioned, he concurred with Judge Ingranau in dis- missing the appeal, but without costs. Judge Barnard says that the objection to a judge 1s easy to be made, aud one against which the jadge 1s powerless. He Kuows the purity of bis motuves and the lalsehood of the charge, but he 13 compelled to be silent. His duty is to try aH causes reguarly before him. If an ov,ection to his fairness is made, and If thatis to be aground of postponement of a trial, how often will unwiliing parties proceed betore any court? A few dollars, a very few dollars, will procure counsel to make the required charge if by so doing a trial is prevented. No court can do its duty to both parties If it yields to a false accusation as fo 108 fairness. One party Will be deprived of his Tights by those meavs through a false delicacy in the judge if he yields to such charges and postpones @ cause. SUPREME COURT--TRIAL TEAM—PART I Twe Spiritual Brothers in a Legal Wrangle. Before Judge Brady. George W. Davis vs. Isaac Winchester.—This 18 @ suit on a promissory note for $500, given iu April, 1864, The defence 1s that both parties are Spiritual- ists. They then resided in Third avenue, The spirit of Robert Hare revealed to the defendant an inven- tion which, in the mining regions of Calitornia, Would be of great vaiue. The spirit of an ludian girl, Who hovered about Davis in the flesn, and to whom the latter gave the romantic name of Wild- flower, told bim It was @ 3 thing and to go Into it. He accordingty took a half interest tu the tuvention, and it Was through this the note was given. Wine chester was to go io Caitfornia and develop its utility, but Davis backed out of his part of the agreement, andthe matter fell through. It being short cause day, the case was ordered, unfinished, before a reieree. Decistons. Delia Wright vs. Wittiam H. Wright,—Judgment aflirmed, with costs. Inve Michael Tracy to Vacate Assessment.—Order modified by directing the erroneous charge to be deducted from assessment, Harviet W. Bell et al. vs. James W. Waterbury et al.—Inagment ordered for plaintuff on verdict. John Harper et a. vs. Charwes W. Tayor et a— We are of opinion that there was not suficient to | charge Jonu ‘Fayior as owner, Judgment reversed and hew tial ordered, costs to abide even John W. Buckingham ve. Henry Lige.—The re- port 18 against the weight of evidence as to the terms of the contract, which limited the amount of plaints damages, Judgment reversed and new trial ordered, costs to abiae event. Order of refer- ence Vacaied, Thomas Carey vs. Yavier Grant.—order amrmed, with ten doilars costs. &S. Lucy Say vs. The Now York Life Insurance Com, any.—dJudgment reversed and new triai or- dered; costs toabide event. Chives E. Wood vs, William Belden,—Judg ment reversed and new trial ordered; costs to abide event. Eawin Ludlow vs, The American Bank.—Order affirmed, wath cosis, Robert & Holt ei a'. vs. Enver v, Ross, President, déc.—Judgment aMirmed, with costs, James Mot et al, vs. Wiliam Renshaw,—JIudg- ment reversed and new trial ordered; costs to aviae event Exchange rorr WayN ATLANTIC. Player. O. RAB.T. * Players. O. RAB.T. Williams, ¢. % 2 2 2 McDonald,e, f....4 9 1 1 Matuews, p- 0 1 1 Kemsen, f. 1445 Foran, lat b 186 Halle. @.......-.8 8 8 8 Gold 20 0 Dehiman, ist b.... 3 4 3 8 123 1c. 1244 211 Malone, 5109 30 0 MeCormack,r. f..4 12 9 31 1 Kenny, 2d 4.14 1 0 0 Ciinton, 4 2344 4 1018 27 22 22 98 RUNS F, x BA. 5. 0° 5-16 0 1-2 Base Ball Not To-day the Kikiongas and Stars play on the Capitoline. ‘The “Coffee Roasters’ of Washington street and the clerks of the firm of Solomon & Son, of tis city, play a match game to-day on the Champion grounds, Jersey City, Any quanuty of fun may be expected, wooncocs Sportsmen and market men should not forget that by the new jaw for the preservation of game wood- cock cannot be killed or had in possession until the 15th of July (instead of the ita, as heretofore), under @ penalty of Hity dollars for each bird. Tae diferent sportsmen’s cluos throughout the State are inaking preparations to enforce the penal ty for the Violation of the iaw to the ulnost of their ability. GENERAL ROBERT E. LEE. The Lee Memorial Association, being determined to erect a suitable Monument over the grave of Gen- eral Lee at the Washington and Lee University, at Lexington, Va., have procured 4 likeness of Gen- eral Lee, sald to be the best ever taken, The city Will be canvassed by agents empioyed by Mr. A. B. ayent and comes substantially endorsed by associa. tion and by many of te most respectable men of Geor aud of Ue cith, sharp, of AUauta, Ga, WHO 38 the duly authorized | gent to the State Prison for five years. Cuarles H. Marshall et al. vs, James W, Mac- Gregor,—vrder appealed from affirmed, with costs. Solomon G. Whodruff etal. ve. Peur Valentune— (two cases),—Judgments aflirmed, with costs. SUPERIOR COURT—TAIAL TERM—PART I. A Jory in a Hurry About Their Ve Before Judge spencer. Lippell v8, B. Washaw.—This was @ suit brougit to recover the amount of a dill for groceries which, it was claimed, were bought under faise pretences. The piaintuf? said the defeudant came into his store and gave a card Which he supposed was his. Tae dviendant claimed vo have made uo representations as to the card. While the Judge was charging the jury he noticed them whispering among themseives, ‘and inquirea what it meaut. They told hun they had already agreed upon weir verdict, which was ict. for the plaintat for $450, ana thereapor the Juage | stopped talking, and the verdict was duly recorded, COURT OF GENERAL SESSIONS, Before Recorder Hackett. A RAILROAD TICKEL PORGER SENT TO THE STATE YRISON FOR FIVE YAKS. Before the regular busiuess of the day was entered upon the Recorder sentenced the prisoners who were remanded during the week, Eaward Nevins, who was tried and convicted on the 9th inst. of Jorgery im the third degree, naving forged a large number of Eiie Railroad tickets, was The R.+ corder said the acensed promised to give informa. om concerning ower perlies Who were associated ever have been denied to Dr. Lananan, and he (counsel) expected those members TO RESIGN THEIR SEATS before the committee decide upon this case. Coun- sel then traversed the testimony to show that Dr. Lananan had no course open to him but an appeal to the civil courts, as le has done, and he was full, Justined im thus appealing, Dr. Lananan, he ad- mitted, had the freest access to the bouks aud ac- counts of the Concern during the elzht or ten weeks of his exammatiog, Bui wien he came to a certain spot then there Was a flincher. There 1s not a vreata of testimony that the business of he house was in- iret or interiered with during all this time. Re- erring to Dr. Caritoa’s reasons assigned for his rejusal of the books, one, tuat because Dr. Lananan included the cash aud check books for ten years 1n his demand, and because the vooks at present in use were so embraced, therefore he couid not give them, couusel characterized as absurd aud roten. It couid not hold itself up; 1t crumbied 1n one’s fingers, They accuse Dr. Lananan of trying to SET FIRE TO THE BOOK ROOMS, Counsel culied attention to Dr. Bingham’s affi- davit, attached to Dr, Cariton’s answer to the man- dams, aud expressed is surprise that a member of the court shouid thus run beiore the testimony to adjudge the case. It was enough to raise the venom of an archangel, but he would not stop to comment ‘upon it ag ne believed it deserved. He never heard of such a decision in this country as toat quoted by the prosecution from Jona B, Gough’s biograpny, made by an Engush baron, and if there had veen sucht a decision known kere Counsel Would not have gone to England for it. . br. Fancher—I can show you such a decision right here in this case, Judge Karnard has very properly demed your client’s application, with cosis. Judge Reynolas—Thea I'll admit that Jadge Bar- nard agrees wita Baron ; but such a decision 4s neither law nor comimon sense, Su) pose David, King of israel, had been sued for sianaer When be declared Wat ALL MEN ARB LIARS, and he set up a defence that tf they would allow him 10 examine some old documents he would prove it true, But tue jude in those days deciles, “My dear fellow, you ought Lo have had tue documents ih your pocket before you made the accusation, aud Ican- not gra it your application.” General laughter iol- lowed this ‘hit... Counsel then went on to show that Dr. Lanalian had tried to get the books through the Superior Court, pat could not, and hence had to apply ashe did. At the meeting of the Missionary Board the other evening a report was presented by thrve mea, Who stand as liga ia ine Church and in the busiiess community as any others, aud which Dr. Carlton once and aguin asked should not be printed, as it was derogatory to hin, ‘Tuat reports showed thac’ a ledger of the house covering & eriod in Which discrepancies are atieged annot be found. There is something in that, the report was reierred back to ine committee for furvher mguiry ou those matvers which they could not explain, What te Churca wants and what the public wants is a thorough ine vestigation of those charges which John Lanahan has made against Thomas Cariton and the Book n. ANG they Wil nob be satistied with auy investigation of this committee, por can they be with anything short of the fuilest examination, which he (vounsel) hoped they would provide tor aiter they have restored him to his position. Dr. Lanahan was offered everything in the Caurco— wealth, promotion, honor—if he Would follow in the track laid down tor bim; but he was ? HE MAN T) ACCEPT, and that temptation did not begin to take effect. He tieretore committed to ineir keeping the position of Dr. Lauaban from tis til the meviing of tne next General Conterenve, aud he hoped they would decide such @ Way that the bisuops would not have to se Uhelr jurisdiction. 8. Upon the reassembling of the committee General Runyon resamed tne argument for the prosecution. The magnitude of the case now nearlug its close would, he said, ve his justiiicaion 12 overing such suggestions a8 he may Upon ils case as It appeared w his mind. He recited briefly the charges on which Dr. Lanahan has been arraigned, and the pleas of counsel ior defence. The act compiained of 1s but one of @ series taken by this respondent. It had appearest to min that there could have been no other interprewwtion of the relations of the agente than tiat which has been give: ‘The term “assistanl”’ ttself implies that Dr. Lanahan 18 no more the coequal of Dr, Carlton than vie Vice President 18 the coequal of the President of the UI iW States. Dr. Lanahan’s appomtment and re- ception in the Book Rooms by vr, Carlton were detatied, and tie confidence whieh the Church has placed in the latter, and his experience for so many Yeurs ib the Concern, Were presenved, Keferrmg to counsel said that he had No doubt Le was inapired by tae man *nose subsequent conduct has corroborated it. When ne (counsel) read it he said “Ay EXBMY HATU DONE THIS.” Who is stranger? No, put ‘nine own fa- mitar frievd,” and he who had had the confidence of the © and of te Copeern, The theory that Dr, Langhan’s appotntment gave him a righy to ex. amine the management and affairs of tne Coucern for ten or twelve years past was efectuaily ex- ploded by @ supposition of a similar case in a bank or insurance cow The directors of such insti- tutions Would discharge @ man as @ Kuave or & Jnuatic who should negivct the duties for which he was elected and spend his time in rum ing over old bovks aud papers to destroy the credit of th establishment winch had been confided to his care. Having #0 Weill discharged his duties as special ue- tective In tis Concern, he might have d.seharged nmself. But he diu not do it; not he. He revamps the oid charges and seatiers them again browdeast over tie Jagd, wud meeing after mevting of the tae publication of the original article in the Pins, | Book Committee, and trial after trial, nas Deen ni but they have been barren of satisfactury or valua- ble results.. And in February last this commitiee decided that there should be an end to this agita- Mon. But there wasn't, And the Concern was again brought before the public by a suit in the courts, and @ fresh chance was given to Dr, Lananan to republisa his. OLD ALLEGATIONS OF FRAUD ana ment in the Concern, And what Was the reason which Dr. Lanahan swore to in iis ailidavit applying fora mandamus? It was that ne might ascertain whether ali the property of the Concern had been turned over to himself and Dr, Cariton as corporators. But what books did be ito see? Were they the old books in Mulberry Street? Why, then, did he not go down to the ol4 Concern and view those beloved books as they lay there in their coffin? But tnis is mere pretence, as is apparent by bis printed answer to the charges In this Case, application shows that he had de- signed to go to the courts from October last, and yet when the committee were here in February he does not ask a single member for authority to see the books to prepare a defence in his sult with Mr. Goodenough, We cannot for that Mr. Goodenough nad nothing toe ao with the bank and check books, and the ques- tion was broadly asked of the Doctor, and he answered that he had learned enough from the cash books to cause him to suspect taat the funds of the house nad been improperly employed, Then he had seen the cash books, Why now dia he apply to the courts to see them again’ ‘To take ANOTHER TILT WITH THE BOOK CONCERN, ‘The act of the Legisiature upon which he rests did not make him co-ordinate with Dr. Cariton, because the act of bis creation made him subordinate, and the Legislature simply created a nand which might receive this valuable proventy in trust for the Church, Methodist the General Conference. Relerring to the effort tw impeach the testimony of oy Grant, counsel cont that if tt was a crime him, who sits all day on his stool doing the work for which he Is paid, to have nis salary raised, it was much more reprehensible for Dr. Lanahan vo take his $4,500 @ year for bookkeeping In a sphere to which he had not been assigned by any au of the Church, The reference made by counsel the other side to the action of the Missionary Board and Che imputation cast therewith upon the char- acter of Dr. Cariton, General Runyon coustdered as Lhe most severe stab at @ man's character of which he hadever heard. ‘the missing ledger which the sub-committee reported they coud not find, though they had offered money for it, was a ledger of the shoe aud Leatuer bank and dia not eiong to this Book Concern, nor was it in any Way within the control of Dr. Cariton. He had no more to do with it tuan with the books tn counsel's private or law libraries, and Dr, Carlton did no more in asking the board hot to publish that report than any honest man, conscious of his own integrity, might nave done. He did not ask to have the report kept back, because he feared any revelations which tue missing ledger might make, but because an IMPUTATION ON Hi8 CHARACTER Was made in the report, based upon that missing leager, ‘The committee salu they nad offered money for it, but could not get 1, and they left the Mission Board to draw the inference that the bank oficiais were all Carlton men, and that the bribe was pro- bavly not large enough. We hear of men doing strange things and with a biind purpose. A man Once set lire to the temple of Diana that he migat be damned to eternal fame because of an act of supreme sacrilege, and It has been well said that “tne worst madian 18 A SAINT RUN MAD.” He did not impugn the motives of Dr. Lanahan in this protracted agitation of the alfairs of the book the Doctor may believe he is right and 1s Actlug for the best interests of the Churcn and of the Concern, and he pursues his opiect with the utmost Persisteace, It makes no diiference to a biind Sam- son how many Philistines there may be in tie building, or whether its occupants may all be saints, Give bim but the pillars of the temple and he will bring them all down with a crash, even though he also be buried in the ruins, Counsel then com- mended we case to the impartial Judgment of the comiittee, and rested at ten minutes past four P. M., after which the coart adjourned, Tae future sessions of the committee and the bisiops will be private, and it is believed chat a final decision wil: not be rendered unt Ur. Lanahan has been allowed to present ail the evidences of fraud and mismanagent in the Concern whica he may de- sire to lay belore the commuttee, THE METHODIST MUDDLE IN THE COURTS. Lanahan Laid Low—The Doctor Does Not Get a Mandamus, but Does Get a Quietas. The appiication of Dr. Lanahanfor a mandamus compelling the Methodist Book Concern, througp its agent, Dr. Carlton, to allow him full and free exam- ination of its books and accounts, was decided yes- terday by Judge Barnard in the Supreme Court Chambers, belore whom the application was made. The Judge refased to grant the mandamus, and in defence of his denial presented a very elaborately written opinion. He goes over the whole ground, exbausting every branch of the subject. It is un- necessary to recapitulate the facts, as they have already been fully given inthe HERALD. The Judge's conclusions, however, can be briefly told. His first conclusion is that Dr. Lananhan failed to show such @ refusal on the part of Dr. Cariton to examine the books of account as entitled him to the writ. Dr. Lanahan was not satistiea with the kind of examination allowed him. He (the Judge) saw no necessity tor the examination. Dr. Lanahan made his first application. alieging that he wished to devermine if any of the property of the Concern turned over from former agents to the present one, and the mext one on the ground of the Goodenough suit, It was a matter of regret that Dr. Lanahan had not sought au explanauon from the proper oii- cers of tue Concern before making such nasty, reckless and damaging charges. In me view these charges are not ouly unsupported by evidence, but | are signaily and overwhelmiagly refuted and over- thrown. He further concludes that Dr. Lanahan 1s Book Concera. He circulated and eadorsed as true afaise and scandaious editorial ar‘icie in the New York Tims in reference to the Book Concern and its management, aad refused to join with Dr, Cari- ton in denying the sane. He was surprised that Dr. Lanahan did not make the examination first and then the charge. He charges, without evidence, Goodenough with robbery, and when challenged wo present proof of thena says ne caunot do so unless permitted to eXam-ne books aud papers he had never seen, and this, too, after fie and his accouy ant had been ten weeks examining the books. Now he seeks to go througa the books and papers again in the hope of finding evidence to substantiate his charges. ‘This te Judge pronounces a sort of fishing for evidence not allowed by the taw. In reierence to the seatute of incorporation he neld that the Lez. islature diu not intend to place the agent ana assist ant ageutabove tne Conference that appointed them. By common usage the assistant 14 sudordinate to the agent. So says Dr. Cariton, 80 say the Book Comuiitee, 80 Says the Book of Discipline, and no one says to the contrary except Dr. Lananan, He decides that te lavier in his oficial posiiion is ander the coutroi of Vr. Variton, and accordingly that Dr. Lauahan has no right to any books or papers which Dr. Carlton or the Book Committee do not voluata- rily iurnish him with. He ruies further that inas- much as Dr. Lanavan has been suspended as aceat by the Book Committee he has no power or authority as such, and that if the writ should tssue it would be nugatory in its effect. If he nad the least doubt upon the guestion’ ie would direct the writ to issue, but he had none, and, further, accord- Ing to his thinking, it was Lime this controversy ended, As carried on it brought into scandal and cts- race not only the Book Concern, but the Church, t was divided against itself, aud it came from high authority that uniess this division cease the Book Concern would not stand, RUNNING NOTES—POLITICAL AND GENERAL. General George W. Morgan has set the democratic bali in motion in Ohio, The Cincinnati Times says since the death of Val- landigham the Ohio democracy are getting into thetr old ruts again. The Richmond Wh/g says the great movement now on foot—the new departure In polltics—was in- augurated outside of the democratic party. 1) began in Virginia, and was bitterly opposed by many of the democrauc leaders, 1t was a@ popular move- ment outside of existing parties, and it took the name “conservative,” which name it keeps to this day. Judge Jonn H. Miller, of Stenbenville, is the re- pnolican candidate for Judge of the Bighth Onto judicial district. It 1s stated that Hon. James M. Cavanagh has been defeated for renomination as delegate to Con- gress from Montana Territory. “Assistant democrats’ is given as the name of the labor reformers in New Hampshire. An ex- change wants to Know who “Gove’’ them that name, ‘The Pitsburg Commercial suggests that since the death of Vallanaigham has left the democracy with- outa leader General Frank P. Blair should come forward to take the direction of alfairs. B. F. Turner, colored Member of Congress from Alavaina, has appointed Jonn Gee, a boy in the office of the Selma Times, a cadet to West Vvoint, Both the Congresamap and his appointee were once #laves of Dr. Gee, of Selina. WAVAL INTELLIGENCE. Captain Clary has been detached from the com- mand of the Dictator and placed on waiting orders; Lieutenant Carter from the St. Mary and placed on the sick 1eave; Master Church from the South At- lantic squadron and placed on waiting orders; Medical Inspector Martin from the Severn and laced on waiting orders; Paymaster Meade from The Dictator nde ordered to settle bis accounts; Licutenant Commanders Roland and kichard P. Ivary, Lieutenant Houston, Master Morse, Busign Curtis, Surgeon Ve Bois, Chief Bngineer Dongan, Kirst Assistan Engineers Sprague, 5. L. Smith and Frazer, Second Assrtant Bngineers Barry, vlure, BKmaniel and Platt from the Dictator and phaced on walling ordery hostile to Dr. Carlton and the best interests of the | LONG BBANCH. The Utah Squabblers Before the President. How the Corner in Rock Island Af- fected These Merry Men. Advice to Families—Want of Cheap Cabs and Hansoms—A Chance for the Han- som Cab Company. Lona Brancn, June 23, 1871, Your despatch from Salt Lake in to-day’s issue, concerning the combination or conspiracy of Cali- fornia and Nevada capitalists, formed for the pur- bose of obtaining control of the bench of that Terrl- tory, reminded me, this morning, of the presence here of representative Pacitic Coasters. 1 soon as- certained that Senator I. B, Chaffe and Judge Hili- yer, of Colorado, who arrived atthe West End on ‘Thursday, and left this morning, had in charge the case of the “Ring” who are so anx- ious tohave Thomas Fitch appointed Chief Justice in place of the present incumbent, and that Mr. W. F. Scnaffer, brother of the late Governor of Utah, Tepresented the cause of the “ins.” All three saw the President, but neither were particularly satis- fled with the result of their interview. Judge Chaffe presented a tormidavle bundle of papers, containing affidavits directed against =~ THE PRESENT JUDICIARY OF UTAH; i and, onthe other hand, Mr. Schaffer, acting under instructions from the land of Brigham, stated the case lor the present ofMice-holders of the Terrivory. The President heard both sides, and took all the papers offered. He will decide the matter in due time. I have strong grounds for believing that he will not make any change in Utab at present, Apart from the pecuniary considera- tons involved in the struggle of the Gentile contest- ants for place and power in Utah the President is aware that to “swap horses” now in the Territory would be but Playing into the hands of Brigham Young, and he is not likely to aid the Prophet in that way. General Van Vliet, of New York, visited the Presi- dent to-day and remained with him some time, THE WEATHER IS DELIGHTFUL, and quite a number of people are playing porpoise in the surf, There are numerous airivals at the hotels to-day, and everybody expects @ splendid ume to-morrow. THE CRASH IN ROCK ISLAND STOCK has had the effet of checking the ambition of severa} speculators of “the streec’ who bad intended mak- iug teir homes here for the suminer. 1 am in- Tormed, by Ce ire who ts well posted, that three men of Wall street notoriety who were here negotiating for THE PURCHASE OF $200,000 COTTAGES, went up to town on Wednesday morning in great good humor, and returned for ther traps in the evening, beggars. My informant would not. ive me the names, of course, but I believe his information to be correct. It will not be out of place here to (id @ word of advice to families coming down, If they depend on the livery stables at the Branch for horses and carriages they will be oiten disappointed. There are not enough vehicles here now to accommodate the people at the hotels, and tor the use of these an exorbitant price is de- manded. Those who have carriages in town should bring them with them, Perbaps the greatest want in Long Branch 1s CABS AND HANSOMS. If there is any vitality in the Hansom Cab Company, now 1s the time and here is the place to put their Popularity to the test. Fifty or sixty Hansoms at the Branch would net a bandsome proit to ther owners in a single season. TEST THE GIRDERS. Anteresting Series of Experiments Under New. Building Law om Cast Iron Beams and Girders, In accordance with the bufldimg law passed in last year’s Legislature, all cast iron beams or gird- ers used in the construction of buildings must be tested before being used. The test is by weight, and, of course, it is desirable that the test should be such as to insure a reliable article without impairing ita durability. There is @ certain elasticity in cast iron up, to a certain point, of which it will, when the pressure is re- moved, return to its normal plane. As the weight is increasea beyond that it does not take up its old level, but acquires a “permanent set,” increasing in deflection according to the increase of pressure. There are several authorities for the positive mar- gin of “safe weight’ to De used in testung; but these, in the case of large beams and girders, have only been computed from standard results on smaller ones. To accurately test this matter a series of experiments were made yesterday by Mr, Peter H. Jackson, of the foundry firm of Jack= son Brothers, Tweuty-eighth street and Second avenue, Ina large shed on the premises No, 338 Eust Thirty-first street, Mr. Jackson had A POWERFUL HYDRAULIC PRESS stationed, capable of a force of 150tons. By means of an ingenious arrangement of wrought iron bars fastened to a stationary piutform, and & series of set guuges, the girders were placed against the ram of the hydraulic press and the pressure on them in- creased or modified and measured as desired. A number of prominent public officials, architects and eugineers were present, among whom were James M. MeGregor, Superintendent of Buildings; Deputy Superintendent W. Adains and John Vanderbeck, Mr. Robert Moake, Richard M. Hunt, Mortimer C. Merritt and Neison Schoen represented arculvecture, THUS FIRST EXPERIMENT was with a girder weighing 2,700 pounds, nineteen Jeet in length, and of the Hodgkinson form—that 1s, having a lower and upper flange in the ratio of six. and @ half on the frst toone of the second. Accord- ing tothe calculation it should have resisied a weight of fifty-nme and three-quarters tons. It broke, however, under a force of flity tons, The fol- lowing 1s the table:— “Permanent : Sei” on Pres- sure Being wuharawn, Inches. Pressure, Tons. would be twenty tons; according to tae experiment it is 17% lons—an linportant diference. THE SECOND EXPERIMENT was with agirder of the Fairbairn form of 1825 of the same dimensions as the last and weighing 2,500 pounds. This form has on only one flange, the ratio of wuich to the top or a “web,” one inca in depth, 18 as «lto 1, This was formulated to break at 333¢ tons, but only yielded vo a force of nearly tity tons, The following is the tavle:— sure Withdrawn, Meh. Pressure, LiTEIttit i] 5 s re ? A THIRD EXPERIMENT, with similar results, was gone through In, the case of an arch girder with a wrought tron tension bar 2% mcnes In diameter, This yielded, 80 far as the casting was concerned, at 34 tons, with @ deflection 14 inches in the centre and an elongation of the tension tre of 1332 of an inch, This is one of the strongest forms of girder. An animated discussion was held between the professional gentiemen present, all in the hecessity of the test belng rigorously applied. So far the experiments go to prove that calculations on maximum tests are diicult on account of THE DIFFERENT QUALITIES OF MBTAL ? used, but emphaucally point out that no house can’ be considered thoroughly safe wherein there are iron. girders untess a fair test nas been applted to them. Mr, Jackson will continue these valuable experi- ments, which he is carrying out at his individual cost. Greed so is something Which makes men take big risks in building for the sake of saving. money; but bring them fi to face with a Laurens pee horror and vhey will want their girderd vested. STABBED WITH A PARASOL HANDLE, Yesterday morning Lizzie Rushter, an interesting looking young German girl, came into Essex Mar ket Court to procure a warrant tor the arrest of Baré barbara Bleking, Who she said had stabbed her. She showed the Judge her hand, whicn was fear- fully Jacerated, Barbara was arrested In the after noon, and When brought before the Judge admitted the stabbing, but said It was done with @ broker parasol handle, Judge Scott held Barbara in $300 Mall to answer, Which Was promptly far jucies left the court together, taking 1% @@6 ofeach otver ia high Daten, ' ei