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

8 JIM IRVI NG. He Remains Under the Ban of the Law, and the Law Will Try Him ou Wednesday Next. A TRUE BILL. Dowley, the Deputy Marshal, Seriously Injured. The Days “of Fort “Lafayette Played Out. GEN. MDOWELL INTERVIEWED. Irving and Tammany in the | Same Boat. Tne whole absorbing event yesterday In the United States Court buildings, in Chambers street, was the ease of the late member of the Sixteenth district and later of Ludiow street, Jim Irving, the irrepres- sible. It being known that a motion for ball, on the part of counsel for the accused, and some further action hosiile to the ex-member on the part of the prosecution would be taken, a large crowd filed the court room the moment the case was called on, Judge Woodruf presided on the occasion, The facts of this case—the alleged assault by Irving on | Deputy Marshal Dowley and the extraordinary con- duct of Davenport, the Commissioner, i relation thereto—has excited a great deal of public interest. Counsel for defendant was on hand at an early bour, and the Impression of that gentiemar at that tame (half-past ten o'clock) was that the defendant would be admitted to bail WITH THE CONSENT OF THE GOVERNMENT, 80 that the acc used might be enabled to go on sna Mave an examination, as was his righ’ But an avert frananirea tm ele Course of the day that Belped very much to get the government out of the aiMculty in which it had been placed by the high+ handed action of Davenpor: on une previous day. The Grand Jury found a bill of indictment against Mr. Irving, which at once superseded the action of the Commissioner and brought the case before the superior branch of the Court, Had the question pome before Judge Woodruff on the issue raised in the writ of habeas corpus, tt 1s more than probable NEW YORK HERALD, SATURDAY, NUVEMBER Hl, 1871.—TRIPLE SHEET. @uty were of such a character that the Court cou rd the ends of justice would be subserved by re- taining the prisoner in custody until it was ascer- the party beaten was free from danger. ADMITTED TO BAIL. After hearing Mr. C. Donohue, of counsei for de- fendant, on that branch of the case as It transpired before Commissioner White, Ju Wooprvurr said:—I think it proper to admit the defendant to bail. oe discussion the Judge fixed the ball at Mr. John J. Bradley, City Chamberlain, and Mr. Forbes Holland then came forward and tendered themselves as bali for Mr. Irving. Mr, Bradley tes- lided that he was half owner with Mr. Holland of two lots of land, Nos. § and 10 Thirty-first street, on which a livery stable had been built: the property Was assessed at $20,000, but he supposed if he wished to sell It 1t would bring $75,000; there W: no encumbrance upon tt; he had no other real cs tate; be had some personal property, about $25,000 or $30,000, im railroad bonds and bonds secared on Ane baiiding known a8 Tammany Hall; he did not On any debts, % 4 r. Forbes Holland was also examined asto his qualification as bondsman, ‘The Disnnics Asronser ela be could not object | tothe bonds of these genuicmenh. They accordingly sighed the bond and Mr. Irving Was discharged from custody. ME, IRVING'S TRIALe . { The DisTRICT ATTORNEY intumated that he wou'd, | on Wednesday next, move on the trial of the de/.end- ant Irving. \ Mr. SPENCER said he would be ready for tral | whenever the man alleged to have betn injured | could be in attendance, as the deiendant was en- Utied to his evidence. ‘The Court then ayourned. GENERAL "DOWELL INTERVIEWED. Among the more exciting incidents of the day in | connection With Jin Irving's “littie unpleasantness” ‘Was the appearance of General McDowell, com- Manding the Military Department of the Kast, in the Court buildings, Fort Lafayette at once loomed up in tne imagination of all on seeing him, and a HERALD reporter put for the General of Bull Run | fame, determined to interview him. Commissioner Davenport has not forgotten or learved anything of | late, and he would have comsigned poor Irving to Lafayette right off if he had had his way, He did the next best thing—sent him to Ludlow Street Jail the night before, like Eugene Aram, with gyves on his wrists, and went himself to hunt up © THE COURTS. A Diamond Smuggling Case—A Chapter of Com- munist History—Condition of the Marine Court—The Noe Will Case—Busi- vnTen STATES Subnché Ecunt. A Suit Growing Out ‘st the Bombardment of Greytowo—Forecl eaure of Mortange of a Kentucky Railrtad=The Proper Construcs sion of a Quart ermaster’s Contract. A WASHINGTON, Nov. 10, 1871. No. 211. Pe rin and Perrin vs, United States.— Appeal from, the Court of Claims,—The appellants claimed “somapensation for property destroyed at Greywo an, im Central America, by the bom- bare ment of that place by the sloop-of-war C,gane, in July, 1864. The appellants were ‘hen and are now French subjects, and, as appears by their petition, their government de- clined to press the claums of French subjects for in- demuity for property destroyed by that bombaril- Dient. The Secretary of State hevine been applied to, also relused compensation, on the ground that the government fs not liable for such damages. ‘The Court below dismissed the petition on uemurrer, holdmg that it had no jurisdiction of the subject Matter, and that foreigners domiciled in foreign month, payable monthly in advance, from the 1st of , © countries must share with the citizens of that coun- uy in fortunes of war. The appellants insist here that war did not exist with Grevtown at the time of the bombardment, and that therefore this theory 18 erroneous, War could pot exist w.th Greytown and it did not exist with Nicaragua, and hence the bom- Dariment was not in the exercise of beiligereut rights, because, if there was no war, there could be no exercise of belligerent rights. No, 202 New Orleans and Ohio Railroad Com- | pany et al. vs, Mellen, Trustee, and the United States.—Appeal from the Circuit Court for Ken- tucky.—In a settlement of accounts between the | United States and one Thornberry the latter trans- ferred to defendant in error (Mellen) a number of i coupon bonds of the railroad company, in trust, to secure his ‘the United States, The bonds were se ‘cured by mortgages given in 1068 and 1860, upon all the property of the company, real and per- Geaeral McDowell, in hopes that so terrible o criminal as the ex-representative of the sixteenth Assembly district would ve by anilitary authority consigned to a more secure fastness than the “stone jug’? In Tnaiow street. THE INTERVIEW. RErORTER—General McVowell, | believe? GENERAL—Yes, sir, ReroRTER—General, have you consented to the petal tion to put Mr. Irving im @ United States fort GENERAL—Might I ask who are you, sir? RerouTeR—! am a reporter, General, GENEKAL (laughing)—Well, I aon’t want to be in- terviewed on the subject. (To Mr. De Kay)—Come here and save me from this gentleman. Mr. DE KAY—Whoever wrote in the papers about | the proceedings iu tis matter should not have done jit. It was premature Nothing has been done in the case yet. When any information is to be given to the papers it wiil be given to all of them. RerorvER—General, pray excuse me. This is a that judicial censure would lave been pronounced upon the Commissioner for having 80 impudently iguvored the fact that Irving nad been, at the request Of the Assistant District Attorney, in another stage of the case, discharged by Commissioner White on his own recognizance. The subjoinea report shows that the whole proceedings have taken quite a dif- ferent sbape than they presented yesterday. THE HABEAS CORrUS, At eleven o’clock counsel for defendant stated in reply to the Court that he was in hopes that it would Bot be necessary to trouble His Honor with the mo- sion in reference to the return on babeas corpus in this case. After a consultation with the District Avtorney, he believed an arrangement would be ar- Fived at that would be satisfactory to both parties, At this tume the arrangement contemplated by Mr. Spencer was that he would waive his legal right in Ane case, and give bail for Mr. Irving under the war- Fant issued by Davenport, Judge Wooprvrr asked if the motion would take Jong. If so, it would tuterrupta case that was on tial The DisTRICT ATTORNEY said the motion would not take five minutes, The case was then adjourned until half-past one o’clock. At that hour S. W. Purpy, United States District Attorney, moved that the defendant Irving, who bad been inaicted, be arraigned for trial, Mr. Irving tuon ctood up at the bar and pleadca got guilty. Mar. SPENCER Moved that the defendant be admit- ted to bail and that the Court fix the amount, They were anxious for a speedy trial. Mr. Irving allegea ‘hat he was inuocent, and in the meantime this Indictment had been brought against him. He asked the Court to fix such oail as the Court, under the circumstances, deemed proper. He (counsel) would immediately prepare for trial, which, he sup- posea, woula take place at once. Mr. PoRDY said that in regard to bail he was not pared to argue that motion, for the reason that ¢ desired to present to the Court certain afidavits sespecting the present condition of the deputy marshal, alleged to have been Injured by the de+ Jendant, His condition yesterday was critical, and @ oue time HIS LIFE WAS DESPAIRED OP. Be apprehended it would be proper to ascertain the Bature of his injuries before bail was taken for the gefendant. fle had not been able to take amdavits Bignifylug the condition of the deputy marshal, but he would have them on Monday. Mr. SPENCER observed that several persons saw tis Deputy Marsnal last eveaing, und they were of ‘pluion wat bis coudition was not critical. If ue DIED NOW the offence alleged agaist the defendant would be @n offence against the State, and, that being so, the matter would be altogether removed trom the juris: Giction of the Court. Mr. Irving was williig to gs: ball, aud it he was sentenced tw be hanged on onday morning at twelve o'clock, aud passed his Word to come here, he wouid do so. (Laughter.) He wasan Alderman and 4 geatleman of position, and ne could bring the best bail to be found in tus city. itr. Noah Davis, United States District Attorney, Temarked that te lowest punistiiment for tls Offence was two years’ imprisonment and $3,000, 1f the death of the ovicer ensued, and the matu then came under the jurisdiction of the State Cou At Would be the duty OF the Judge to Nx such ball as Would secure Ue attendaiice Of the defendant be- fore the State Court. Lf the life of the Deputy Marshal were realiy in jeopardy, he would most strenuously insist that the devendant should not be admitied to bail, Jf there was no such danger, then the question of ball would be properly beiore ihe Court. Mr. ©. Dononve, of counsel for defendant, said ‘the only indictment against the defendant and now defore the Court was Jor an assault upon the Deputy Marshal, and, wf there was an allegatiou made tat the mau’s ive was 1a danger, the question must Cone betore the Court as to Whether the case should Ot be disposed of in the State Court. Alter some further alscussion of @ desultory character, Judge Wooprvry observed thai there wonld bi Ume between this and hali-past three o'ciock to as- certain the condition of the Veputy Marshal, and tat could be made the foundation of such action Bs Might then be deemed proper. Mr, SPEYCER—Will Your Houor be kind enough to gprmit me toask where this Depnty Marstal ives? f J can find that out I shall send a physician to gee Jin. Mr, Davis replied that he bad been just informed that (he man lived at No. 20 East “roadway, ‘The proceedings were then suspended unill halt past three o'clock. On the reassembling of the Court coansel for tne defendant again opened the matter to the Judge, Stating that since de bad come luto Court he uuder- Blood That it had Leen slated that two puysicians, Dr. Pheips and Dr. Ferguson, who had beea in a! tendance upon Dowley, lal been discharged be- Cause, IL Was alleged, they were favoravie to the de- fendant, and Jr. Abbot ana Dr. James culled in their place, He (Mr. Spencer) had sent for Dr, Pheips, but he had not yet come into Court. AD aMidavit, sworn W by @ brotuer of Deputy Mar- Shai Dowley, was then read, to the eifect wat the injured man was in @ more critical position to-day (esterday) tan he vad been tor some dare past, ‘hat be was only 10 @ semi-conscious state at fhter- vals, and that be could bot take food. There were BIX alfferent wounds ov lis bead, and, trom what the deiendnnt had heard, be believed the deatu of Dowley would be the result if erysipeias suould set ID. Dr. Place testified that he was a physician and sur- eon; he resides at 307 East Broadway, aud was ow practising his profession; he was called in that aiternoon to see the injured man, J. E. Dowley, and found his mental conditron exceedingly depressed; he was suffering {roi six 6eaip wounds On tue skull, fuch as might have been inflicted by kicks tromae boot or some Liunt instrument there Was ap in- Cised wound op the rigut cueek; his pulse Was de- Dressed, aod he was not out oj danger, Jn repiy to counse) Lue Witness said the skull waa Hot fractured; he did not think the man would die; thought lie would recover if erysipelas did not sei in; the probabilities were decidedly in iavor of hus recovery. Counsel then urged that a case had been made Out entitiing Mr. Irving to bail, especially as he un- derstood that the mau alleged to have veen injured would fall to identify lim as We persou who com- Mitied the assault upon Lin, District Attoruey Davig said the only question to be considered was whether the tajuries sustained by &@ publio ofiver im te discharge of dis oficial respectiully, yaeee RG ; Matter of great public interest, ivasmucn as if the man is transferred to a United States forta great ; Precedent will be establisued. I don’t want to ) ‘anterview” you. I merely wish to ask you one | question, Do you believe that it would be proper or | expedient, at the present jJuuctare, when there is | great political excitement, to transfer a prisoner , from the county jall to a United States fort in times | | OF peace, there being no general riot or disturbance- contemplated by ap) body outside the United States bailaing? GENERAL (positively)—I do not, sir. ReEPORTER—DoO you believe there 18 any necessity | for such extraordinary action? GENEKAL—I do not, sir. (To the Assistant District Attorney)—Come here and answer the very ques- | tons which I asked youa while ago for this gentle- man. itis curious he has hit on the same questions as myself. The General then left, under the tmpresston that he had not been interviewed, und the reporter re- tired, loilowed vy tue wratuful eye of tMe oficial, CORONER YOUNG AND JIM IRVING, Application for an nte-Mortem Examination ot Dowley Declined. Mr. Charles Donobue, counsel for Mr. Irving, a0 companied by several of Irving’s friends, called sonal, including personal property to be acquired | thereafter, some of the coupons being overdue, | Mellen and the United Sta‘es commenced suit to j foreclose the mortgages, making Tnornverry and all the bondholders, and one [rimble, trustee of tie mortgages, defendants, Trimble was ordered to (le- fend on tue part of all the bondholders not named | and against whom proce-s could not issue, The mortgages were foreciosed and the bonds becaine the property of the United States. On appeal it 18 here contended that the Court below had adjudicated the question between the goverument and the bond- holders without any pleadings on which a decree could be based, Trimbie, tt 18 said, did not so repre- sent certain unnained bondholders as to bring them | within the jurisdiction of the Court, It 1s also in- sisted that there was error in the disposinion o1 the case on the merits, even if the matter was before | the Court, so as to bind all parties by the decree, No. 206, Scoft vs, United States.— Appeal from i the Court of Claims.—This is an appeal trom a judg- ment in favor of the United States, in a suit brought | | by Scott on a contract with the government made | by volonel Noble, Assistant Quartermaster, by which | Scott agreed to furnish transportation to the gov- ernment in the West in 1866, A balance was alleged to be due, which the goverament declined to pay, claiming that the amount asked was for transporta- tion not within the route for which the contract was made, The Court below foand the delence weil founded and the judgment was for the United States, The appeal insists that there Was error in the construction of the contract. No, 203 Townsend, Executor, &¢., vs. Choppelio.— Appeal from the Circuit Court for the district of | Wisconsip.—The appellant filed his bill to foreclose Frederick Bronson, of New York, executor of Arthur Bronson, The mortgage and bond were executed to secure a part of the purchase money or certain premises in Lafayette, Wis, One Bostwick, of Galena, Ill., by and through whom the business Was transacted, was the agent of Bronson, and as having a portion of the money so received in his hamis. The appellant refused to credit the yesterday afternoon upon Coroner Nelson W. Young, | at his office, in the City Hall, and requested him to | go to Dowley’s residence, 209 East Broadway, and, | if necessary, to take his ante-mortem statement, Mr. Donotue aid not know that the deputy marshal | was in a dangerous condition, but said it nad been | 80 represented to him by the prosecuting oMmcere | in the United States Court, where a motion Was pending to admit Mr. Irving to bail. Counsel declared that he did not believe Dowley was in a condition to require the Coroner's services, | but said he had no other meaus of ascertaining ex- | cept by sending an oficial there; ne did not know the doctor in attendance upoo the wounded maa, and sald if he did ve did not believe any information could be obtained py seeing him. In reply, Coroner Young said he had no right to , go to Mr. Dowley’s house for such a porpose with- out receiving 4 certificate from the attending physt- cian or being OMicially notitied by the police of the precinct. Mr, Donohue sought to convince the Coroner that | it Was a part of uls duty to wail upon Dowley and | listen to what he bad Lo say, but Coroner Young in- | sisted he must first receive oficial noulication before | moving in the matter, ‘The counsel then wisned the Coroner to name a doctor connected with his onice wie could go and see Mr. Dowlcy, but thls was also declinea; where: | upon Mr. Donohue left the ofice, and so the matter | Tests. | GENERAL SIGEL'S THANKS, To THE EDITOR OF THE HERALD :— Deak SiR—In this day’s HERALD I find a card from General Sigel thanking the genticmen who acted as watcners at the canvass on the evening of | election. I wouid like to state a few words in reply | to his remarks, And it is this :—That the watch- | fulness of those gentlemen he speaks of would be | of very little account if the reform democracy had not united upon him as their candidate. Ithink it is to them his thanks are due, and not to the watch- appeliees and mortgagers with the money in tie hands of Bostwick, and alleges that Bostwick was Not the agent of Brouson aud was not authorized to receive payments except the fivst one, The Court below founa th money in Bostwick’s hands shouid be credited to the appellees. The appeal insists that the Court below erred in its rulings upon the evidence and ia | its conclusions as to the facts. UNITED STATES DISTRICT COUIT. Alleged Diamond Smuggling—A Very Inte- the Commanists. Before Judge Blatchford, The United States vs. Elieand Gustav May.—Yes- terday we published a brief reference to this case, in which an action had been instituted by the United States against the defendants for the purpose of condemning a quantity of diamonds and other pre- cious stones, worth about eight thousand dollars, alleged to have been smuggled into this country from Europe. The facts, as developed upon te trial, are extremely interesting. The derendants had been jewellers im Paris, under the name of Henry May & Sons, and were located there in business when hostilities broke out between France and Germany. They were oficera in the Frehch army during the war. Subsequently, when the Communist rising took place, Gustav was Quartermaster General in the Communist army, and Elie was Division Quartermaster. Reing intelligent and well educated genuemen, they wrote for the journals, inciuding Kocheiort’s paper and the Marseiaise, It is understood that they in- tend to write a history of the two recent sieges of Paris, They deny that the Arch- bishop of that city was killed by order of the Com- mob, and that the soldiers of the Commune endea- vored vo save him {rom death. The dav before the termination of the war the Mays fled to Switzer- fulness of the gentlemen be refers to, lam one of | those who voted for hiin, and caused a good many | others to do likewise, and for no oiher purpose than | to break up the Ring and have an honest and faith. | ful administration of affairs. 1 rejoice in Mr. | Sigel’s-clection and the discumMwure of tue Tam- many candidates, Yours, A DAILY READER of twenty-five years’ standing, A SPECULATIVE COTTON FIRM FAIL. It has been quite generally known for some timo past that the concern of Munt, Biondel receiving their inspiration as to What would be the future course of the market from tne crop estimates disseminated by the Agricultural Department at Washington. This bureau underestimated the last crop by nearly one and a half militon bales, and their prognostications as to the probable yieid of the growing crop have been received this year with very many grains of allowance by the trade atiarge. Jn | the absence of Mr. Hunt, who has been “doing Europe tbis fall, the concern made numerous un- ; Tortunate speculative ventures, which terminated | ery imasuspepsion. Mr. Hunt is known to ve ol Vast recuperative energy, which will quickly | restore him to that position which he has been | deprived of by the mistakes of others, ‘BROOKLYN AFFAIRS, Snicide of an Anti-Temperance Man. Coroner Jones was notified yesterday to hold an inauest on the body of Michael Sweeney, who com- mitted sulcide by cutting his throat. The unfortu- nate man, whohad been drinking deeply of the oisonous bowl for some ume past, entered the jacksmith shop of Daniei Ward, corner of Twenty. eighth street and Third avenue, and, before he could be prevented, took a penkuife from his pocket and drew the blade across bis throat, inficung a | mortal wound. Deceased resided at 264 Pear! street, A Daring River Thief. Captain Kelly, of the schooner Lewis Walsh, which vessei is lying at the wharf, Wallavout basin, was aroused at au early hour yesterday morning vy @ noise in his cabin, when he was confronted by a burglar, who levelied a revolver at his head and de- manded “his money or his life.” Preferring to part | with bis money 10 lieu of his jife he delivered to the | custody of the desperado his purse, containing $65, With which tne fellow decamped, THE APAOHES Ba INDIAN COMMIS- Wasninaton, D. C., Nov. 8, 1871, To The Epirow oF THE HERALD:— Jn the report in yesterday's HeraLp of an tn- torview with me last week I am made to say, or to intimate, that the Indian Commissioners were re- sponsible for the hostility of the Apaches. This 1 did not intend, but to say that, in my judgment, Jew, i aby, Of the citizens of Arizona were more Tesponsivie for this hostility than the Peace Cow- Imiseloners themselves. am sure the error was through oversight on the part of your courteous re- porter and will cheerfully be corrected. Very MARD Q. MCOORMICK, M. O., Arizona. & Co. has j been operating somewhat freely for a rise In cotton, | | tained that they were not charged with any land, Where, in a short time after, they were join by a fnead from Paris, Who brought on from inat city a quantity of precious stones belonging to the defendants, fhis iriend delivered up the stones to the Mays, who sewed them in a_siik jacket or shirt tor fety. The defend. ants made their wa mto Germany, and being able to speak the German language, they. succeeded in getting through the lines of the Ger- | man army of occupation and passed over to London, Jn that city Urey heard that their mother had veen arresied at Laris and the bulk of tnelr property con- fiscaied by*the government of Versailles. ‘They travelled in Ger nawes, believing that if they gave their rea! ones vUney would be Laken back to France under the Ex. twadition law. When they arrived im New York, | carrying with them tne diamonds In question, | they also went by felgned names, feeling, |} as tuey did im Germany and England, that the disclosure of tier real names ‘would expose them to the danger of being removed out of the country, But when they ascer- litical offence, but only with smuggling, they disclosed thew real names, and did not offer any opposiuon to the officers of the customs in Jearning the facts in relation to the contraband goous. Their defence to the action was that they never intended to violate the Jaw; that they brought the diamonds into this port, under the circumstances mentioned for te purpose of preserving thei as @ port.on of thew property, and (hat they were perfectly willing to pay the duty upon them A crim. inal prosecution for smuggling was laid against them before a United States Commissioner, Dut this was dismissed. civil sutt tue District Attorney sald that i, upon consultation with the oMicers of the customs, the statement of the defendants was sustamed, he Would not further press the case, The deleudants’ story was tn the main confirmed, s0 far as it re- later! to thetr connection with the diamonds in New York, and the jury rendered a verdict restoring the diamonds to the Owners, the latter of course under- taking lo pay the proper and necessary duties upon The testimony of the defendants, which reached back to their possession of the diamonds in Parts, went to show that the Versailles troops, after their entrance into the capital. committed great atroci- tues; that they ted together Communisis im batches: ol jorty or fifty at a time and shut them down with mitrailieuses; that many of those who were simply wounded in this way were suot 10 death with pis- tols or statbed with bayonets, and that others who escaped from the scene of tue butenery were only enabled to crawi away into back Janes and cellars to aie of their wounas. SUPREME COURT—GENEAAL TERY, Candidates tor the Bar. On Tuesday next the committee appointed to ex- amine candidates for admission to the bar will meet and commence the examination of those offering themselves for admission as practitioners in te State Courts, SUPREME COURT—CHAMBEA3. Decisions. By Judge Brady. Bunn vs, Messtnger.—Motion denied, with liberty to renew om payment of $10 costs, Croily vs, Horan.—Iinjunction dissolved; order to be #ettied on notice. , Rosenheim vs, Frank,—Motion dented. See opin- Oia indebtedness to ; @ mortgage and bond executed by the appellees to | such received several instalments as they became duc, and receipted for them in the name of Bronson. Bostwick failed, | ab the agency existed ana that the | munlsts, but mamtain that he was murdered by a | many and England under assumed | In the prosecution of the | SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Spencer. Drew ve, Jones,—Referencg ordered. Mayer vs, Schneidey,—Drder granted. Crane vs. Gané,—Reference ordered. Alzea v2, Freese, —Order granted, Frost vs, Pitiard, Order dismissing complaint, Parmtorf ea, Bliss.—Motion denied, ¥ By Judge Barbour, : Tobias Simon vs. The Narragaiisett Fire Marine , Company.—Memoranda for counsel. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Spelman ve, Lindnetm, —Motion granted, with $10 costs to plaintiff to abide event. Francis J. Doyle vs, Lucretia Doyle.—Decree of | divorce granted, By Judge Robinson. Rowe vs, The United States Fire Extinguishing Company.—Motion that the appellant give further security on appeal dented, with $10 cosis. |” Sutherland, Receiver, vs. Marine National Bank.— | tinctly understood that a See opinion. MARINE COURT—PART I. An Ac,ion for Rent. Before Judge Gross, | coating vs. Dennison.—The defendant hired from the plainuiifa stable in Forty-sixth street at $100 a May, term for which these premises were hired. The evidence shows conclusively that there must have deen a misunderstanding between the parties as to the duration of the lease, and under thyse circum- stances I must be controlled by the statute, which , makes a lease of premises for a term not particularly | specified a lease to the next ensuing Ist of May. Under that view there would be due w piaintit by defendant $100 the 1st of July and $100 the 1st of August. In August plaintiff resumed possession of the premises, and I find tbat he then terminated the previously existing tenancy. The pane ls ent. tied to recover $175, $25 being deducted for the . Value of fixtures left by defendaht on the premises. Action for Wuges. Cheshire vs. O'Neil et ai,—Plainuff, @ milliner, ‘was engaged by defendants and discharged before ner term expired. She sues to recover for the time whe was without employment. The defence 1s that plainuil Was only taken on trial and did not suit Judgment ior plain for $125, MARINE COURT—PART 2. Shameful Condition of the Court Rooms. At the opening of Court yesterday morning Judge | | Joachimsen announced that in consequence of the the night 10 question the prjsoner was aroind where he was watching freigh’, ‘ana wet tehing tego away they had some Word’, anda Buckley stabted him in = recy | 4, wound was inflicted, and from loss of blood hg Was confined to the hospital eight ~ly different story, stating that he was attacked ‘aad beaten by Gleanin and. that he used she knlte to protect himself, The jury were favorably im- Pressed with the frank ‘and apparenuy truthful manner of the prisoner. Judge Bedford, wm his eh » Said that the prisoner had been in the Tombs ten wecks, and after hearing the ‘estimony he was led to say that if he were on the jury he would acquit the defendant. The jury evidently concurred with the City Judge, for they not only rendered @ verdict of not guilty, but the foreman said, “i think the prisoner ought to be compensated tor his imprisonment.” THE FOLEY HOMICIDE, Assistant District. Attorney SULLIVAN moved on wid: | the case of Daniel Foley, charged with killing Wil- lam O’Brien, Mr. Wm. F, Hows, counsel for the accused, rose and proceeded to give a clear narrative of the facts, stating that Foley was over sixty years of age, and that he was wantonly attacked by O’Brien, the de- ceased, in bis own room, and used the knife in de- fence of his life, He (Mr. Howe) said that 1 was di3- lea of manslaughter in the third degree should taken, but the Acti District Attorney now declined to pursue t course, Judge BEpForD remarkei that if such a state of facts was proved he would not sentence Foley. Mr. SULLIVAN said that in a case of homicide he ‘Would prefer to have a jury take the responsibility upon the facts, of passin, ! Junge Sevvonn said that he would not enter upon 1870, The contest is as to the duration of the . w, trial of @ murder case lave on Frida ae prisoner Was remanded aud will COURT OF APPEALS CALENDAR. ALBANY, N, Y., NOV. 10, 1871, This Court meets at the Capitol on Monday, No- bts 13 aca is the caiendar = rg auy:—Nos, » 635, 318, 64, 866, 369, B87 NO. | 635 18 The People vs, Purcell, and No. 63618 Mecord vs, Tae People. TOMBS POLICE COURT. A Robbery with Violence by a Colored Man im Baxter Street—si jing from ® Mediste in Fourteenth Street—Thieves and Kecelver Held to Answer. Henry Johnson, of No. 40 Baxter street, a colored man, with arecord of the worst description, was yesterday afternoon arrested by officer Fitzmaurice, Of the Sixth precinct, charged with knocking James Macdonald down in front of the above address and stealing from his pocket $100 in United States bills, } Tne complainant only came to New York a few days ; ago from New Jersey, intent, it seems, upon a spree. | Yesterday he had been drinking ina house in the many complaints made by counsel, witnesses and , Tear of Johnson’s place, and as he was leaving in a juro.s of the condition of the room he should be . forced to adjourn until Wednesday, There being no | fire, carpet nor locks on the doors this adjouro- state of only seini-consciousness, Johuson and an- other celored man met hun. ‘ment siould go on irom day to day, with- knocked him down, and while tbe other man out ying any cases, until betler accommo | held him oy the throat Johnson stole tne dations were providea, money from his pocket and left him ‘The gas, said fis Honor, is * the dav in all the branches Kept burning throughe Of the Court in order to i possible, Which expeuse Is as great, Af not greater, fo the ‘county than to provide ‘stoves, tuel and | carpeting. ‘After tie warming the reform party gave the | “Ring” on Tuesday last they shoatd be able at tease to warm the court rooms and not freeze out all the | Macdouuld were found in lis possession, Jaw and justice in the county. SURROGATES DECISION. The Noe Will Case. In the matter of the probate of a paper, pro- pounded as the last will and testament of Hloise Isabella Uarr Noe, deceased, Surrogate tuichings delivered this decision yesterday :— The testatrix died on the 19th of August, 1870, the day alter the alleged execution of the will, and eignt months alter her marriage. She left neither | Javher, wiotier, brother nor sister surviving, her sister of her motuer), hearest relation being her aunt, Mrs, Callaha. (the | and some cousins, who | immediately. Macdonald soon discovered how he at ihe rooms as Tar as hau been treated and without delay repaired to the bixth precinct station house and gave a description of the robvers. So quickly did the officers pounce {| upon the mau that he had no time to dispose of the money before the arrest, and, consequently, When he Was secured $57 1N notes siuutlar to those Jost by On being | placed in the dock atthe police station he was in- said the money found on Johnson was part of woat had been stolen Irom him. The rough usage admin- istered to ** Mac”? by the darkles must have (right ened nim considerable, for he had very little appear- ance cf intoxication at tae time the case was Drought into gourt. Judge iogan tuily committed the prisoner for trial ai the General Sessions, STEALING A CUSTLY POLONAISE. Harrtet CG. Wilson, 4 modisie, of No. 68 West Four- teenth street, staced that on election day she had a show Case broken open and a magnificent silk polos | Malse taken therelrom, worth at least $75, brennan, of No, 100 Second street, informed her thai the guilty parties were Willlam H. Miller aud Hiram Hoiduian, both residents at the corner of Bleecker and Mulberry streets, On being arrested | Feside in Philadelphia. By them the admission to |" Muller adinitied to Brennan that he had sold the | probate of the will was contested, the allegations | presented against the validity of the paper as a Will | bemg mental tacapacity and fraud and undue indu- | 22 ence exercised by the proponent, Daniel W. | husband of the testatrix, im Whose favor th j Was made, Great stress was laid by contestants on | the fact they claimed to have e tablished tat the Testatrix drank immoderately of wines and spirituous liquors, and to such a degree as to make ‘ber incompeteut to make @ will, The Surro- | gate, in delivering his decision, said, “« caunot theory as bas been advanced by the contestants | that probate should be refused because the tes- tatrix was at times addicted to the use of intoxi- cating liquors, 1 tind that she was entirely rational | Bt the time or the execution of the will, aud appre- ciated the meamiug of the document’ which sne signed. It appears to me that the paper wuich is propounded for probate iy the last will und Lasta- sustam any such new and dangerous | said Silk dress LO one JOU Nicklin, Of 82 Mott street, jor $10. A Warrant was at once obtained for the purcuaser, who was also brought up. He dented any knowledge of its beg stolen, out-as he proved himself an expert as regards the buying and selling ; Of such articies it was evident that he knew at the time he offered the man a $10 bil for it that 1t was. Worth at least six (umes as much, The prisoner avowed that he knew it to be stolen. The Judgo said 1 Was evident that such things must be stopped, and he had devermined to hold the thieves aud the receiver im default of §2,000 each, NEW YORK CITY. A committee of the medical board of the Eastern Dispensary was appointed last evening to memo- ment of the decedent, was signed by her iree from | riaize the Lezisiature and confer with the Medico- any undue Influeuce on the part of her husband, | and that it was executed in accordance with the requirements oi the statute, aud that she Was at the resting Case—A Caapter fromthe History of ; “we of sound and disposing mind.” COURT CF GENERAL SESSIONS, A Yourg Highway Rober seut to the State Prison—Jadge Bedford Defines His Position Regarding Witnesses Kept in the House of | Detention—the Foley Homicide. Before Judge Bedford. The most important case disposed of in this Court i ' yesterday was an indictment for robbery in the frst | degree agamst Henry Aschenner and Louis Lep- pard. ‘Te prisoners demanded a sepufate trial | and the District Attorney chose to try Aschenner | first. The complainant, Michael Freatz, testifed that about three o'clock in the morning o! the sth of October he was on his way home, and while passing through Clinton street was met by the de- fendants. Leppard took hold of his gold watch chain and asked What time it was. Frentz told hin to let go, that he did not want to have anyvhing to do with hin; whereapoa Leppard took hoid of him by the throat and <Aschenuer put his hand over his (Frentz’s) mouta and struck him in the eye, He struggied and screamed for tne police, Leppard having succeeded in getung away With part of the goid chain. The next morn- | ing he identiied the prisoners ut the station house, Oticer Burns, Who 8AW the occurrence from across the street, swore that Leppard grabbea the com- plainant in front, and that the other prisoner “punched” him; that he pursued Leppard through A Dumber of streets and fated to capture him, but | Suoruy after arrested bim in his own house aud } founa the broken chain. | the complaiant, who said that Aschenner ran | away, the policeman staung that the accused stood j On tuecorner, ‘the oficer shortly after went to the | prisoner's house but did not dud him in, Upon | returning, however, later in the morning Le found him there and made the arrest, ‘he prisoner was sworn in his own behalf and the pi | onicer went mito a lager beer saloon and played dice for drinks, and subsequently Leppard stood upon the curner and taiked to the complainaut. He | (Leppard) struck the man, who followed him, and H Af he was chasing him he (the prisoner) struck rentz. Witnesses were cailel to prove Aschenner'’s good characier, and a certllcate Was read Irom his em- | ployers, Messrs. Vosburgu & Uo., showing that he | bad been a steady workman for tive years. Onicer Burns was recailed and positively denied | the statement of the prisuner that be went in to | Grivk with him, unree- \ oficer was in there, Christian Waiz arrived and place and played dice lor lager beer. On cross- plained against Wala and his partoer Jor vivlating the excise law, ‘he jury rendered @ verdict of guilty, coupled with @ strong recommendauon to mercy, Judge Bedsord said he would respec: the suggestion of the H jury and impose the lowest sentence, which was » ImMorisopment in State Prison for tive years. REMARKS OF THE COURT ON THE DETENTION OF WITNESSES, Judge BEDFORD said:—I am going to follow the excellent suggestion made by Judge Barnard, of the 5upreme Court, which I believe to be eminently proper, (hat all cases where Witnesses are confined in the House of Detention must have preference on the calendar; and whenever the accused who may be out on pall fails to answer the ball must be promptly torfeited, The practice of locking inno- cent men up because unadie, by reason of their poverty, to tind security for their attendance in court 18 & great hardship, and 1 shall do every- thing In this Court to relieve them. Judge Bedtord has touched au evil in our judicial system Which, 118 hoped, he will lead au his infuse ence 10 eradicate, Francis Lynch pleaded guilty to an assault, with intent to commit robbery, the charge being that on the 16th of October be assauited Bernard H. Fienken, while passing througn Chrystie street, and snatched a guid watch, His Honor remanded lum for sentence. PETTY LARCENY. Robert Morris, who, on the 13th of October, stole aasiiver watch, valued at $15, from Ira J, Loucks, pleadea guilty to petty larceny, and he was sent to ‘We Penitenuary for six months A BOY PEDLER ACQUITTED OF A CHARGE OF 8TaB- BING. John Fries, a youtnful pedier of lemons, wae tried for stabbing boy, named Join Becker, with a small knife, Jt was satisiactorily shown tothe jury that the accused was attacked and beaten by a crowd of boys, and that he was jastified in defending nim- self, A verdict of acquittal was promptly rendered. A ONE-ARMBD SOLDIER ACQUITTED OF AN ALLEGED FELONIOUS ASSAULT. Malachi Buckley was placed on trial charged with pecan, @ felonious assauitand battery upon ichael Glenmin on the 4th of Jast September, Tne complainant, Who was a watchman connected with the Hudson River Katiroad depot, testuled tuat op | ‘The oiicer coutradicied | denied the main tacts sworn to by the witnesses lor | He said that Leppard and he aud the | { | eAamination it came out that the oificer had com. | Paige belng elected, Mr. Kerrigan Legal Society aud medical associations as to the | passage of @ law for the punisnmeunt of abortionst. Daniel G, Murphy and Charles A. Smith are friends. Daniel went mto Jona Doody’s, 185 Cherry street, where Smith boards, and asked for the key of his iriend Smith's room. It was delivered to him, and when Smith came home he found bis coat | anil two vests missing. Murphy was arrested and held to auswer by Judge Scout yesterday, of the fair of the Church of the Stran- gers a circular will be issued announcing the arti- | cles sent and the donors thereof. The “sisters”? trust that further donations shall be made either to | No. 4 Winthrop place or to Mrs. ©, Vanderbilt, 10 Wasiington place; Mrs. Gardner, 622 Fifth avenue; Mrs. Deems, 21 Waverley place, or Mrs, Blake, ¥: West 'I'wenty-sixth street. Colonel Budke, Third regiment N. G. S, N. ¥., wi on Wednesday evening last made the recipient, at the hands of the officers of his command, of a hand- some diamond cluster pin, in commemoration ot is connection with the regiment for the twentieth year | and aga token of estcem on the part of his com- | mand. A collauion wouud up te ceremony of pre- , sentation, Tbe iriends of Sigel and Shandiey made some queer bets. For instance, a certain Mr. H. Abel wagered a Mr. P. O'Connor that he would ride him, seated in a@ handcart, through the Eighth wara if Sigel was not elected Kegister, Mr. O’Connor to do lum the same good turn in case Mr, Shandley was defeated, On Thursday Mr. O'Connor proceeded to fill out the wager, and created a large amount of fun by hauling Mr. Abel through the principal streets of the Eighth ward, to the amusement of thelr friends and the people along the route, Coroner Keenan was yesterday called to 235 East Forueth street, to hold an inquest over the remains of Mr. Henry Schofield, who died at half-past two o’ciock in the morning. On Wednesday afternoon | Mr. Schofield was owt riding with his partner, Mr. > smith, and in driving his horse, a spirited animal, around the corner of 124th street and Sixth avenue the carriage upset and threw them out. — Mr. Sclio- field received terribie injuries to the head and side, | Which resulted in his death. Depeased was tnirty- two years of age and @ Dative Of Stamlord Conn, A bet of 9 novel erect, made a ed elec- tion as Wo ths Foatlbor the Acdeubig ied ated was paid on Thursday, Mr. John Kerrigan agreeing, ‘The Court suspended the trial for | if Mr. Chris. Johnson was not elected, to wheel Mr. quarters of an hour to enabie the counsel to | bring ihe Jager Yeer saloon keeper 10 prove that the | George Downer in a wheelbarrow or handcart through the principal streets of tne Eighth ward, swore that the oficer aud the men came into his Lee AT DGWRER tO te bearer comer the entire route, Downer to do the same for Kerri- ‘an in case of Johoson being elected, Mr. D. 8. eam to pay the bet, and, to the amusement of his many friends and the public along the route named, accomplished the feat in good style. THE FIGHTING FREEHOLDERS, A Lively Scene in the Mecting Room of the Hudson County, N. J., Frocholder: The latest scene enacted at the meeting of the Board of Chosen Freeholders of Hudson county, N. J., proved the wisdom of the Supreme Court in | putting an end to the term of tuat junta, as pub- lished im yesterday’s HERALD. Several members of the Board rendered themselves amenable to the law by not only being concerned in contracts, but in actually furnishing all the articles required tn the Anstitutions under their management. In fact, the Board was @ “ring” within which few outsiders could gain admission, even in those cases where the law provides for tree competition. At the meeting on Thursday tne question of giv- ing out che contract for the constraction of two culverts on the Buil’s Ferry road was taken up. Mr. Wilson, chairman of the committee, stated that the commitvee, during his absence, took up four bids ant had them read and laid onthe table, On the afternoon of the same day another bid was found lying on his desk, and on opening it he found it to be lower by $260 than a of the others, The committee accordingly awarded the contract to this party. ‘This announcement ‘took the Board completely by surprise aud several Members arose and denounced the proceeding. One of the members, named Piatt, however, backed up Wilson, but was completely squeiched’ by Mr, Na gent, who regarded the action of the committee as YG tenn and he moved that the Board reverse e LY 1 characterized the re- marks of Mr. Nugent as “cheeky,” and Mr. Nugent retorted, The scene which loilowed was one of ex- citement, and the udwarrantable action of the com: 4 thereupon arose mittee was finally confi . The Busted “ring”? hever did anyiing Worsa: be tiled na After Inquiring of him | as to what be intended todo, they hustied him, ;| Blantly recoguized by the complamant, who also | jonn | 5 SPAIN AND CUBA. ‘The *ensed, who was a one-armea soiaer, toda | The Cuban Debt and How Spain Proposes to Meet It. Treasury Bonds of the Island of Cuba—The Pro- posed Bill Under the Consideration of the Cortes—How the Government Intends to Streng hen the Sinews of War. MADRID, Oct, 23, 1871, Sefior Balaguer, the new Colonial Minister, has laid on the table of the Spanish Congress a bill for the relief of the Bank of Havana by the issue of 100,000 bonds of the Treasury of Cuba of $500 each, at eight per cent interest, to be substituted jor tha | Motes it has emitted on account of the government | for the maintenance of whe war. The war subsidy and the home Treasury are to be the security for | mei redemption during a period of eighteen years, | As the bill and its preamble throw much light on Cuban finance I give you them in full. Whetherthia | project will ever become law has yet to be seen, Tha ' existing Cortes are not sure of life long enough to 1 insure its discussion and @ vote upon it mp the Prgamble to tue bill 1 make the follow. ing exiract:— ay “i WHAT THE FINANCE MINISTER PROPOSES, ‘The Minister whosubecrives has therefore formed the ane nexed bil, which he has the honor 0 subailk to the deliberac | Hon of the Cortes. ‘The majority of the representatives of the island riches, the Consejo of Administration and the In- \endencla General of the Hacienda of Cubs bare approved of | it and < conseuted to it | Mt consists in an emission of bonds of the Treawary of thi Island of Cuba—a Wtal va.ue of 00d, bearing interest atelght per oeut per aunum, reveemavie ineightecn years, Out of the war tax, which will bq g¢xelusiyely devoted to wg, othér favuccc’ if necessary. k, but not withuut the previous liquidation by that establisnment of the account it has with the Pabil Cajas for the collection of taxes, Tt ank notes emitted om good account will be withdrawn from circulation in the time ‘god manner counselled Ly prudence, so as not to cause vio~ lent perturbations in the tarket, and the remainder, which) will amount to & little wore than $1U,000,00U, will aiford re- sources to the Treasury to ect tie expenses the war may et cost before the complete aauinilation ef the remains of she insurrection. j ‘These -ideas are expressed in the bill. The wisdom of thé Cortes, after due examination, will give the best solution, which is awaited with impatience on the otner side of the sea by those good Spaniaras who, atthe risk of their lt puratie the enemies-of the country in their rugged fastnesses aud imperil the Jortune O° their children to mainiain th honor of our flag aud the integrity of the territ VICTOR BALAUUER, Minster of Ultramas, MaDuM, Oct, 19 i871. i Next follows THE BILE ARTIOUR 1.—The Minister of Uitramar fs anthtrize: to WWU.0.0 1n 100,00 bonds in double 2900 each, under the name of ot Cua,” bearing elght per cent annual interest, redeemable by lots, under ihe guaran- | tee of the Pubilc Cujas of the Island of Cuba and the Nae | tonal Treasury of Spain, fi Ar, 2,—!'he eminsion shall be verified by the Intendencia’ of Cuda, with the Intervention of a commission consisting o! two proprietors or huciendadvs elected by the City Couneit of Havana, two come:ciantes or tadustriales designea by the Junta de Comercio, and one member of the governing Junta of the Banco Espanol de ia Liavana. Oue of the talons of the bon ‘s will remain with the Int the bank tor purposes of comp: ART. 3.—The Banco Kspanc | detiuite liquidation of iis account with the Treasury, will receive in guarantee of i:sdevits aginst the Intendencts of Cuva a sullicient number of the 00 bonds to cover the net amount of sald debits ans of its emissions of notes on gov-, ernment agcount up to the day ou wuich the emission is ver’ fled. ‘The rest of tue bonds created by this law will be depos | aited in a reserved cash bux of the Treasury of the Haclendo, and they too will puss into the bauds of the bank asthe latter delivers to the Treasury of tue Island the casn neces- sary to attend exclusively the expenses of the state of war, up to the toal of the 3: ,000, But the bank may nos dispose of the said Douds except in the form expressed in th next article, and those which remain in guarantee will no receive Interest or enter into the drawings for redemption until the epochs determlued in that article. Aur, 4.—The bavk cannot trausfer the bouds except to the 000 ior the tirst year (1872), 815,000.00) tor }y, each, of eight amount of $20,000, the second (1873), and $15,000,000 for the third (1874 ‘one of the series transferrea bearing the sald inter« er cent, from the Ist of January of the year corresponding its transfer, and taking part in the lottery of redemption at the end of the respective year, and the succeeding one in | ghe form as expresse:! below, ‘Tue numbers of the bonds placed in circulation ART. every year uccording to the preceding articles must be pub- Hshett oflictally, aud without this requisite the said boads are not valla, H ‘ART. 6.—To intervene in the operations the bank nee to practise for the effect.of the dispositions of this law. Th Tepreseutative of the baik in the commission reterred to im ariicle 3 will be replaced by a representative of the Publia Hacienda nominated by the Minister of Ultramar, | Thid commission wi auent until the complete ex of the debt, and the sald Minister will fix ite attributes, duties and responalviliies. : ‘ART. 7,—Tus ponds willbe redeemed at_par by drawings which will take place on the 10th of November of each year, Jn accordance with the adjomed, and the capital of the suc ceaaful bonds in each year will be pald by the Banco i:epanol Of Havana, tozether with its second half-yearly interest, within the month of January following. Ant, &--For the payment uf the {uterest and sinking fund of the $50,000,000 enitted by virtue of this law there 18 dea {ined the war tax ulready established in the faland of Cuba,and ‘whose amount is catimated at $5,000,000 eee ‘This pro- duct, which cannot ba distracted from ita spect objects will be reserved in special caja by the ‘Treasury of the Hacienda forcelivery to the bank in monthly payments, ‘The Miniater | of Ultramar will take care to regulate this impost so that the | cash receipts shall not be less fi any year than the pmduct judicated uotil the termination of the redemption. ART. 9.—The bonds emitted will be kept in Havana. The interest accruing, according to article 4 ard will be paid by the bank each six months, mi eee nd Slat December in each ee ever, authorize these bond ‘outside of thd island, provided always that the amortization of the capital! and payment of the Interest does not make any addition to the debt, ‘ART. i0.—In case that the net receipts of the war tax in Any year should not reach the sum of $65,000,000 the’ Treasury of the Hacienda of the Island will complete this Amount, The bank iy tue middie of November will givg due notice to the Intepdencia to have at its Cy Cs uh quantity of the deficit, so that a prudential collection may bé amade in the two last months of the year without prejudice ation at the end of the same. 7. 1.-—The Bane ana will exchange the art, as agreed with the government, of the product of the onds transferred for an equal amotiut in notes issued on ac- * couut of the pubife Treasury, it being understood that. at the termination of the third year ali emissions of ougkt to be called in, These notes will also be received th in payment of the bonds transferred. The notes called in will be cancelled and preserved in the caja of the bank, to be delivered at the end of each yearto the Intendencia of the Island, who wilt proceed to burn them with the formalitics established for thiseffectin the Penine Sula, remitting the documents verifying the act and the re- spective accounts to the Tribunal of Cuentos del Reino, ia jadrid. Aut. 12.—The bond be cancelled in the pr to the corresponaing tiq AR’ redeemed by lottery year will once of the interested and of the ine tervening comm: articl delivered by the bank Talenden will proceed with them as with the to tne notes, Aur, 13.—The Cajas of Havana will defray the confection Of the bonds out of the war tax, and the bank cannot re- claim other charges for placing or commission. ‘ ‘Anz, 14,—The Cajas of the Island may recoup the annuat supplements made to the bank to cover the aeticit of the war tax—in the first place with the excess of other years be- yond the 45,000,000, and in its defect prolonging the lev yin, Of the said tax for the time necessary for a total recoupment Probation of the covernment. Aw. 15.—The bonds emitted by virtue of this law will be admitted for thetr full value in payment of deposits for loans which may require bere Ad und also in deposite as g\tarantees of contracts or pubile The will receive the interest of satd bonds, y them be succeasful in the drawings they shall be replaced in the deposits by others, or with the cash they have produced. ART. 16.—The bonds wil! also be admitted in payment of purchases of State property, and from that moment be ree, deem i7,—The Minister ot Uitramar f jarger sim than provided in this tong, if the excess of tue revenues over the neces: tee the Minister of Uti Il see to the carrying Az. 18,-The Minister of Ultramar will see to the carry out of ‘this law. VICTOR BALAGUER, MADRID, Oct. 19, 1871. Minister of Uliramar, OPERATIONS OF THIB LAW. First emission, 40,000 vonis of $600 (pesos. Second emission, 30,050 bonds of $500, ‘Third emission, 30,000 bouds of $500, Interest eight per cunt, oe ee) EXECUTIVE CLEMENOY, Four Prisoners Pardoned from the Aubura Penitentiary by Governor Hoffman. ALBANY, Noy. 10, 1871, Governor Hoffman has granted pardons as folk lows:— Benjamin Teachout, who was convicted of poison+ ing his wife in Wycoming county, in thia Stace, in September, 1869, Circumstances have transpired since the conviction which lead to the belief that the prisoner was not really guilty of the offence, Teachout has grown much enfeebled in mind and body since his incarceration at Auburn and cannot live much longer. The pardon was handed Teach- Out's daughter to-day, To Thomas Bates, of Oswego county, sentenced Auburn last January for seduction under promise marriage. The conviction is said to have been erroneous, the prisoner vetng innocent. } To John Moran, sentenced In September, jee Lewis Con. for forgery. Since the prisoner’: confinement he nas behaved himself in an excellen manner, and carned enough money by overwork to repay the person wronged by his forgery. Tho pare don was granted we the request of many leading clue zens of the county. ‘To James Lynn, sentenced tn Erle county October, 1869, to five years at Auburn, Jor robbery, jon 1» WhO interested dempt ot ARMY INTELLIGENCE. Colonel John E. Smith, of the Fourteenth infantry, has been ordered to Washington for conference om Indian affairs. The President has accepted the resignation of Caps tain Alexander S. (ke, of the Fifth cavalry; and Lieutenant Happy, \f the Ninth infantry, has peen retired on account of Le and faithful service and (is received th were les, Assistant Adjutant Gone Major George D. Kt eral, has been ordered to report for duty to the Com+ manding General of the Department of Texas, to re« lieve Major H. Clay, who has been ordered to Porte land, Oregon. NAVAL INTELLIGENOB, Passed Assistant Paymaster Henry Gerrard is de | tached from daty as naval storekeeper at Weat gud ordered tw seitie Lis novountas ret