The New York Herald Newspaper, November 16, 1871, Page 5

8 OF THE SEA | Frau aren tg thelr eyes ‘arin 7m rbidding rocks tafe ia Polar PERIL ~~ leeberys, ores San France} still gloomier foresta or great expanses of iseo. snow “around thelr miserable thelr hearts are gverdowing with charisg to thelr WRECK OF THE WHALE SHIP JAPAN. feliow men, Such ness a3 Was Blown us 18 ely equalled im the most civilized cominunities, thet huts and everything they contained were Placed at our service, and everything in their power was done, night and , tO alleviate the terribie suflerings of myself men. We were all badly Gaptain Barker’s Narrative of | frvsriine nosis, under Trovideuse, not a tian yosp ited be, i : would low be living v0 teil of the joss of the whale- the Disaster. ship Japan. THR HONESTY OF THE NATiveEs, WTENSE SUFFERINGS OF THE GREW. however, I cannot so strongly eudorge. ‘the wreck” quickiy broke ae and nearly everyining that came ashore was quickly appropriated by the inhabitants, About eight Dundred Darrels of oi was distributed among the natives. At the time of our disaster we bad aboard the gapan 1,160 barrels ol aud 20,000 pounds of bone. WINTER IN NORTHERN ALASKA. After eight weeks’ sojourn at Fast Cape, the wame of the native village at which we had been 60 kinaly entertained, we left for Plover Bay, where we arrived safely after a ten days’ trip. Some of my men were unable to be moved and were leit be- hind. One native guided us ou the journey, and leut us their sledges for the conveyance of our’ pro- visions, and the use of such of my men wilh me as had not fully recovered. ‘The trip was comparatively Gevoid of incident, and was such as is performed by all Arctic travellers, At Tabie Bay we found the San Francisco whaler Hannah B. Bowen, which was wintering at the bay, We were Kindly received by the officers aud wok Op our quarters aboard the slip. Four days alter our reaching the Bowen she sprang a leak, and all hands were obliged to abandon her, e fied up a snug house on ihe shore, where we passea the long, dreary winter very comfortaniy. In the interval I made three trips to Kast Cape will atores for the men whom I ie(t behind. The suffer- ings which wesc men endured during the first months of their stay at East Cape were terrible be- yona description, although everything that native care could suggest was done to alleviale their tor- ture. No onc who hes not passed a wiater in the Arctic regiona can conceive the norrible monotony of such a life, and seco We resorted to ever} Means to amuse the men they became restive, and finally ten of those whoin I left at East Cape started to walk tO another town at Indian Point, thirty miles distant. Nine arrived there safely, and one waa frozen to death on the wa DEIMVERANCE AT LAST, On the bth of June three ships of the Pacific Whaing ficet arrived at Plover Bay. I made ar- rangements with the several captains, and they very kindly took: the survivors of my crew, distributing aniong the different ships. 1 then returned to the scene of the wreck, where I_ awaited the arrival of the ship Victoria irom San Francisco, and toox passage On her back to Plover Bay. 1 left the on the Hannan B. Bowen, whicn had veen repaire in the meantime. Bowen sailed for St, Michael's, wiiere we found the snip Creole, Captain feres, disabled and abandoned. We arrived at a Eight Mon Frozen to Death in Attempt- : ing to Gain the Shore. TWELVE MONTHS IN NORTHERN ADASKA, ~ & Dreary Winter—Christian Char- ity of the Savages. ‘A Beries of Mistortunes— Home at Last. SAN FRANCISCO, Nov. 13, 1 _ Geptain Barker, commander of the American ) “whaler Japan, wrecked in the Arctic Occan in @otober,. 1970, who recently arrived in this city, farnighes for the HBRALD the following account @ the disaster and the incidents which subse- quently befel himself and crew during the many weary months which elapsed from the wrecking of his slp and final deliverance from the horrors of ‘tbe frozen seas, CAPTAIN'S BARKER'S NARRATIVE, , My ship, the Japan, was as good a craft as ever entered Behring’s Straits, She was well found in every respect; the crew was a8 good, noble a ect of men asever stiuck a whale, and everything tended to make our voyage pleasant, comfortable and pro- Stable. We hada most favorable run through the | St, Michael's too late to catch the schooner Haltio . Jackson, and according! Btraite, and entered the arctic Ovean March | tinued on to’ St Paul's Island, . ae 10, 1870, ie fo) aM Patt a ap ‘Alexandoy, ut also er, From St. Paul we went to eee eae en ty Onalaska, when I was again too late Jor the home- and wo had » very profitable season, filling up rap- ‘dy, and all hands were joyous over the prospect of » an early reicase from the North Sea and a season’s Pleasure at the Sandwich Islands. All went pleas- antly witn us until the 9th of September, when we ward bound vessel. Here my bad luck broke ont again, and I began to imagine there would be no more San Francisco for me. Our vessel, the Han- nal B. Bowen, was found to’be unseaworthy and we Were obilged to abandon her, much to our sorrow, a3 we had come to look upon the old cra‘t with | much affection, We remained at Onaii br left Point Barrow, the most northern point of our | ten qays, when the United, States cuter itenaecs @ewly acquired possessions inthe Arctic Ocean, be- | arrived, ‘and took aboard myself and @aptam ing situated about seventy-four degrees north latl- | Hays, of the 3 pnd fetid for Sitka, tude, The season had been so fine and tho fishing Arrived at Sitka, 1 bo} aa th J ‘at all my misfortunes 0 good that we had put off onr return through the | nad ended, and pisiure in my mind twany Dleasant days soon to Le speut in San Francisco; but unagine my disappointment when I found myself too late for the steamer Jessie Lelatr, and was obliged to Walt in the miserable, dirty town of Sitka thirty- three days for the steamer G. W. Wright. I have spent many unpleasant months during my event(ul ie, but I must say that time moved along more slowly and less pleasantly In Sitka than auywhere else, and the only thing that kept my spirits above zero was the prospect oF my carly veliverance and ile pleasures { would again enjoy among my own countrymen, I met with kindness irom everybouy ; but the people, their habits and mode of life are Ao Straits rather late, The cold was becoming intense, | and ice had formed along the coast, rendering navi- gation every day less pleasaut and more dificult, We commenced working to the southwest, wien \ Sbick Weather set in, We met with nothing unusual |i our course for several days, and on the 2d of Oc- )tober'we were off Cape Lisburne, near Rendezvous Bay, latitude 68 degrees, whence we worked to the bes ete to give the Leadiands and eur- renew th while passing through the Strats 4 mi 'tago the Kamtschatka Sea. On the ath of October arent io = any att Pia bars ee ve. bo ships were in sight, whon it came onto biow @ | Came more wksome to me, Even my. winter's Peavy gale, which continued till the 9th, Ufe in the Arctic circle was preferanle to it. Finally, THE DAY OF THE Whtcx. 1o my great relief, the good steamer Wrigit: made her appearance, and on her took passage for San From the time of passing Cape Lisburne me.| Francisco. This is a short sketcn of my Beason of weatner had been too thick for me to take an obser. | '¢!Tible sufferings, extending over a riod of twelve iouths, vation, and conscquently 1 coutd only guess where | clime in the worlds and when 1 Took buck ean Upon what 1 passed through since October 9, 1870, L only won- der that I have been spared to recount ine story, Unhappily, 1 and my crew are not alone in our Disfortunes, Twenty other vessels have been lost inthe same Arctic scas this season. From what I know of the character of those seas 1 believed these wrecked ships will prove a total joss, though I am happy to learn they were mostly Insured, ‘This is @ severe Llow to the’ whaling interest, from which I Tear It wili searcely recover, jwe were. The gale continued without. juterruption, ing in violence every day. The waves ost literally rotiod “mountains high,’? aud during my experience on shipboard I never before saw h eeas of witnessed auch @ fearful storin. tt peared as if the ship would founder every mo- it, amd neither Tnor my men expected ve Wfay $0. relate. the. siory of our (pgs afd -miracnivns escape. On tiie jwe sighted the siip Massachusetts, Captain Mitchell, of New Redford, Mass., last from San Fran- aco, and made signais for her to kcep company tn us, knowing full well that we vould not THE FOREST FIRE FUND. ath ‘The Noble Work ef the Chamber of Com. merce—Thanks of (iovernorn H. 2. Baldwin, ather the storm and fearing wat our end woald of Michigan, und Lucius Vairchild, of pome before other assistance could reach us, Next Wisconsin—Letter from. the Mayor of yning the gale blew harder, If possible, attended Mavre, Franc: h aterribie biinding snow that we could The following let add) to the relary ‘i see half nxbipia lengths and ‘were obliged fg | an we Rewer Committee OFT te SST tour bipnacie And cabin huwpe. We ‘a merce, will interest every one who has contributed t as well as we could, having, as I ope ed nae suMctent northing since leaving Sieebarae to give us plenty of sea room. Nour oon, the weather still conunuing very thick, we fiecovered toward ho relief of the sufferers by the forest Ores in the Northwost:— or MionigaN, Exrourive Or¥iox,; gic eee “DEwOLT, NOY. 9 171, Comiuittes, Chamber of BREAKERS ON THE LEE BOW, A .2q,, Head of Reliet % ard. en rouning under | Commerce, New York rr opts ani rm aly bul orang ia tue | My bras raat Panna Tas gars SORT ofthe gaic was making racehorse specd. | OPEC siterers, by re, im Michigan, making, swith former |The helm was put astarboard aud braged Up Sharp, | Grart, gi4,ouh for which { beg to express to yourself and (he nen we discovered ormshities aay ‘most grateful thanks. “Thad! hoped before BREAKERS OFF THE WEATHER BOW, {hin time to bave been able to ane Peoples who ose abourd. Just then, t0 add to our horrora, a | baveso freely and generously sent ns thelr con ‘swept over the ship, taking of all the oats and swecyiug the decks clean. Our situation ‘now most critical; death truly stared us jn the . Shontd the ship go to pieces where we then rere every soul Would be lost. No man could live a ate in the sea Which boiled and foamed around ‘and dashed with such fury upon the crags, which ere but a biscuit’s tnrow from our deck. The snip ther contributions aiiiction has ex- owleige WIN, aid of on suffering people, that no f would be needed; . ceeded my expectations, New cases com almost daily. Very truly yours. 6 to our En Hu. P. BALD DerRorr, Noy. 14, 1871, ‘ommerce, ara in receipt of your favor ol November 1 rai On you for’ $4,0N0 in akl of the suf ALA. Ls N ow, Exq., Treasurer, &c., Chamber of Yor" . 4 ichigan, maklog a toral of $19,000 for that Cae eearesnnd over 8 that a root 5 could : ow ad ye Co fy beni HE te Lina Cpe % ost gt i 1 relaines ony ee tee fepan'wae gone. iene tena contributions for our enffering people. ergy eure io eatinorageed our dal and what was to Derrort, Nov, 1% 1871. Jone must. bedone quick!y, Butane chance remali Hop. A. A. Low, Treasurer Chamber of Commerce, } ‘our hives, anc What was to run the slip bows on Fork Sew yards from where the s My Dear Sin. oom) lasce wits ba Mi cod this oy bd CE ee a eeus Point. WAS Hately Seintar $100, amount’ of contributions irom dhe Chamber - nt Was Bal nber pean ig eal was seen, the only spot, a8 Pf Sommer. i hee be fabled beta Saat f as the eye couid reach, that offered the suightest | $F Committee, but i ihe whole body, may” warmest thanks ance of our reaching the shore in safety. THO | for thie noble contribution towards relieving he evenly arrent and the galo were bearing us rapidly by | aitcted, suffering people of a poruoa, of pus tate, Very HE! MaptRON, Wie, Oct, 29, 1 q., Treasurer Chamber ot Commerc peach, and we had abont given up ali Dope | respevifully yours, us and gent ug SIDE ON THi BEACH. A nar: & ship's deck it | i New y crew trod . 1 as that of the Sapam, Our réscue was almost | as teats need 6 Bay tee ht rte, saculons, and the revalston of feeling from | ey tbe thanks of the e deepest despair {0 joyous hope WAS 80 | peopie of W haaber of Com: neat anit, Hut pomscionsnese quickly Te: | {RerSaof crate who hare pry wo werribtyaticed” by Are a sciousness quickly TC- | thanks of those who, ber se ade general ean Wea made Tor! the hore, | Phe money Is needed, aes ibe economical! raded (or pe destitute. et me edd my personal thanks tort se egbetnbuar aitention te ie vyanve of my sorely if Renae rus FAIRCHILD. 4 steep, but all the crew nd in safety. 1, however, | sinjcied fellaw-cltizens \rew, who wet pera, Xd., and some provisions, Wisvonsty, Pxecutive DEPARTMENT, rede Al nh of the ‘articles Lwanted, bul as PEATH OF Wesnone Mabison, Nov. 1, ter Was coming up through the paceh ey eas ee aA, bows Beis Treasurer Chamber of Commerce, agat S wi g ore ¢lty p= Ward, Aa aD urop What J had in my hands pra i Aslasicunied iy pour telegram, of yeterday, i e, were cal over. | received here th 5 ' . Roatan short managed vo gue, tack, tuo the | Gh PRM haree Gis W” me i em ‘abin, when f changed my Svante nae Mo certarply appreciate ancl to Gontinied genFosity, and (or most intense, the water freezing every i them J ihank the donors, e }, el fat it touched. Witle in the a ee eur waa | and house efor, ste winter. A . johageS a! of the tr era! donations wi i (ease re ha By penile nomelees Fa rotrs LUCIUS FAIRCHILD. 0 received the following reply to | ‘aimost the shores of the frozen sea, ‘The Chamber a! ring Sen a saree ol emnitea from any human babita- | rneir fret appeal to Europe for help for Chicago:— jt a knew wey could not long survive upon | ~ rire ation | ary sold shore unless they could procure change | AWRP, Ooi. 14, 1871. St ctotnt ‘and something to refresh themeciven | The Mavor of the city of Barre, Chevalier Bt pe, Lagion of with, and consequently romamea IE sede re Hosur tot Paxeipeny ot the Chamber of Commerce, 6 fer the ship. stri } tr on the honor to acknowledge the Souung, provisions and splriis for the relief | A, PRE ey are aren me, tu wilel, fom Invi 2 ‘and I also hoped that in the Meantime | me'to make an appeal lo the aympathies of the inhabitants i : v: i : oekaeionaiy savernl ot ny reamen ‘raga ug ; mula re ee ‘and tbat the ch Havre should bea con: ena saw ‘ itempting to secure | ‘Mn se tthe extent of thie extraordinary SBFOUED the Son ad Goated towards seat ot Ought ponents Me, Premagae bet Jew (ings which had foated towarde the shore, | the toelancholy cireumstances throu) a jh which oor country {determined lo jon my == ng pow jain and justify its meagreness. Sree i had been avie rr seoare, Wien { mat ged pea iad _— Peonegetr Re least a Sunt ih anaspeeh notaing lolt but u was praken short off, the | Making uve of {hese stays the atnsistance nd a proof of 0, 80 Beverciy in the deck | foun wil a mast . The ailzzenmast (backatays still holding. Sion of ihe gratitude o which Am eric. our lively sympathy with a f Havre for the j verboard, and with their hoteds te weal i ee bore, which { sueveded tn Twit add, Mr, President, thas} be sonra 2. apy of Feaching, in safety. 1 mas met Ty Mine in one of | Roubtieve wins w eoatribste 10 ue eubscription opened by Ceiaidaes and conveyed ine to their eotticment, ty. +. President, she assurance of my most distance from the beach, passing on the way neideration. bodies of SAILORS PROZEN TO DEATH, © alr Was Dlercingly cold, and, as | feared, sev- val of my Men, being unable to diy their ciothe: \nad fallen by the wayside and «tied, fo me it a red hard that these poor fellows, after batuling e BLOT 80 Many days, undergoing suc! suiferiny jand facibg death in so many forms, should joken moment when they had FELIX DARU, Mayor, ac. CRUSHED BY A BAILROAD OAR, Coroner Scnirmer yesterday held an Inquest In the case of Atr. Nicholas Farrell, who was crushed to death on the night of the Sth ins. Deceased enterea car 95 of the Third avenue line while much under NEW YORK. HERALD. THURS ST. BRICHAM’S COUNSEL. Why Prophet Young Left Salt Luke—No Chane for Him Before McKean’s Court. THE MORMON PREDICAMENT. Legal Aspects of the Sit- nation. ‘The Hon. Thomas Fitch, leading connsellor and attorney for Brigham Young, stopped at the St. Nicholag Hotel on Tuesday might, and lefs wednes day to keep a lecture engagement at Bennington, Vermont, As Mr, Pitch is directly from Salt Lake City, and acquainted more directly with the Mormon situa- tion in its legal aspects than probably any person in | the country, a HRRaLD reporter was sent to sound nom On fhe crisis, He ocenpied a cosey parlor with his wife, a lady of One hterary culture and spirivuelle face. Bisbop Sharpe, Hon. W. VJ. Hooper and one or two Gentiles on good terms with the Mormons haa left their cards upon the table. Mr. Fitch Is a heavy-aet, Ita- lian-logking young man, with Ane chestnut brown eyes, @ brown and red complexion and a black mustache, He was very free and natural im his manneéy, but avoided close inquiries as to the habits and character of tho federal officials tn Utan. - “Mi, Fitch,” said tne HgRanp representative, “are you the sole connsel for Brigham Young?” “No, sir, my firm (Fitch & Mann) probably Jead in his Wnsiness at Salt Lake, Besides, he retains Hempstead and Kirkpatrick, Snow and floguo, Miner and Stout and Le Grand Young. Onr attor- ney at Washington City is Curtis J, Hillyer, of Ne- vada. All the above are Gentiles except Snow, Young, Miner and Stout.’? “Was it by your advice that Brigham Young sud- denly left Salt Lake for Southern Utah 2” “Not especially. I think it was prudent, however, under the circumstances. Brigham Young makes a sort of tour of the churches and settlements every Year as far as St. George, on the border of Arizona. He had started when he ascertained that the Grand Jury had indicted bim for ‘lewd and lascivious con- duct and cohabitation’ but he immediately re- turned, waited quietly to be arrested and on his Jol- lowing arrest he gave ball in the sum of $5,000. Then hearing that other imdictments on oid and trumped-up charges of murder were being prepared he waited three weéks to see them produced. He finally sent for United States Mare shal Patrick and asked him if he had any such indictments, Patrick replied that he had not. annual trip, and as the Court had indicated to his counsel @ postponement of the trial on the existing indictment until late in the winter, he thought of making no further delay. He departed in his car- rlage im broad daylight, I saw him go ~inyself, | After he had goue aday or moro Judge McKean took out of his pocket an indiciment that nad Jain there in secrecy for a month and issaed a warrant upon it for his arrest for murder, Hence the hue and cry over the alicged fight, It is ridteulous, and has been telegraphed East to injure the old man.’? “Was it legitimate for Judge McKean to keep an indictment 80 long concealed 1” “No, Utterly unprecedented. ‘Lhe ciand Jury found he indictment on the 28th of September; the Warrant was delayed till the 28th of October. Such Mr. Young then said he was prepared for the | DAY, NOVEMBER 16, 1871.—TRIPL. oMoer of the Court had played poker with the jary. ‘The Judge said this was Pik snty and ee apo! for Miner should be disbarred next day. 1 believe, however, it was confirmed on inquiry, and the J v2, in his best elocation, torgave Miner with pe 4 the practice of McKean’s Court embarraxs- if “Yea; McKean ts only a sort of missionary exer- cising judicial iunctions, We never expected him to be unprejudiwed, but we supposed he might like t appear consistent. Yon see, in the first instance, after hearing an argumeni upon the t ab law he Territorial Legislature had no ower to prescribe rules for is court as to selecting ju uries, and that he won, as In United States Courte. We lawyers put up with this and expecied nim to hold on consistently to it, 60 What we should prepare our cases as for a United States Court.” *‘How dld he violate his decision” “Why, he resolved himself into a United States Court for all purposes prejudicial to Mormon deten- dauts, and whenever the Territorial law was severer on them than the jaws of Congress he resolved’ back again into a ‘Territorial Court. For example, the Upitea states laws yive the de- fendant ten any challenges and the prosecution only two; while the Territorial laws allow six and six, The United Stratos statute of limitations dis- | bars all but capital crimes after two years of non- rosecution, while the ‘Territorial 1aw bars nothing, Now, Mckean wants a ‘Territorial Court to chal- | lenge the jury and prosecute after many years by Territorial permission, but 4 United States Court to | empanel the jury, &c, Fle played shume with juris- | diction ana demonstrated to Mr. Young’s counsel | and those of other indicted polygamists that he | would be pound by neither aw nor consistency, but would do whatever he had the physical power to do to seoure a conviction. Therefore, I gay. a8 counsel to Brigham Young, that is he does absent himself from such @ tripmnal until the United States Supreme Court at Sigapington Passes ou a test case we have | Sent mares he will only anticipate the advice of his counsel. ' . “What is that case} “Engelbrecht vs. Clinton ana others—in all twenty | defendants. The prosecutor is a liquor seller who dofed the municipal License law of Sait Lake, and by the provisions of a Territorial statute brought declared that he was a United Stutes Court, that the | would not draw juries by open Venire but by selec- | KE SHERT. ea Mia ears to be the deter- ey lO move on the and thts being fore the end of ihe jooking aa strong and ready for the new, but come to a clone to-day, It app mination of tne District Attor trial of lrving ammediately afi & result might be reached weer, | Mr Irving was arouna, i ee, hob aid and 107%, Sharp and deci campaign into #8 to enter mm the federal Court, His iat canna possibly last more than aday or a any ond a half, , Unless, indeed, there should be You winded , Speeches, ‘fhe issue to de triet is a vey 'Y simpie | one:—“Did the defendant beat and wound the Deputy Marshal, as alteged? or was he a member | of the nob therei acting: Various speculations ; have been indulged tn as the probadle result of the cage; but in the present stage of the proceedings it | Would be idie to comment one way or the othe We hope, however, that justice will be done | the rowdy element, even in the person of at ener of the Asseinbly, be put down with as ancl. Action Aguinst the Americnn Telegraph Come pany. ohn P. Heinesion vs, the american Telegrep Compeny.—The plainiiff is the inventor of the te graph compositor. He aasigned lus letters patent in that invention to the American Telegrapia Com. pany on an agreement that they were to pay him a certain amount of money. He clauns that thev have not pail hin what they agrced lo pay. sued for amounts to about ong hundred thousand dollars. The testimony was, in par! the nature of the agreement, apd also to tne con. struction of the machine a3 compared with the Morse and other instruinents of teliegr case, it is expected, may last four or five less it should © some unexpected tn counsel, a4 ab present advised, do not foresee. will be resumed ins morning. SUPERUDR COURT—GENERAL TERM. for Irom Work for the New Court House. Refore Judges Ingraham and Cardozo. The People, &e., ex rel. John B, Cornett vs, Michael | | A By Ue ich it suitfor the destruction of his stock ‘maliciously’ | by Justice of the Peace Clinton and a posse comi- | tus, The jury was packed by the Marshal's | manner of drawing and for $19,000 worth of liquor Engelbrecht got a verdict of $57,000, ‘rhe Justice's | pow. was iegalon its face and not malicious. | ‘he verdict was therefore atrocious, altnough con- | firmatory of the law which allows three times the | value of destroyed property. We expec: an early hearing of tls case Co test the validity of the jury | abuse which is volved in ail the other trials.” “This manner of packing juries by personal selec- | don gives great power to the Marshal, does it not’? “Certainly. The Marshal (Patrick) 1s a goot man ; and popular; but any of his deputies, no matter how | corruptibie, can also pack a jury. ‘Tne iacilities tor corraption are, therciore, such that oat of many great mining litigations in nis court not one has yet + come to trial, the contestants not daring to proceed. Our community 1s filled with adventurers, ~*tracted by the mines, who own nothing on the spot, A pur- ; chasable deputy marshal can make a jury ©. these, boy them beforehand, make his pick from iher and affect the titles to property wort! millions,” “How should the juries be picked}? “According to the law of the Te: rttory—by lot. The statute of the United States says the manuer of choosing in federal courts shall assnailate to that of the state or Territorial courts within Which the pars ticular United States court may be, Mr. Attorney | | Hillyer, therefore, asked MciCcan to charge tho Mar- shal to select from the assessment roll by Jot, | McKean refmsed to assent. in Lrigham Young’s } Case toe Marshal went out and ransacked for twenty-ihree jurors; three out of this picked 106 were discovered tobe Mormors, and McKean ruled them of,” “What was the actual title of the offeace against | chastity for which ) oung was indicted? « ‘Lewd and jascivious conduct and cohabitation’ ; an old Utah statute made to protect Mormon de- ; cency, There is but ove such statute in terms in any State code—Mussachusetis—aud (ins has been interpreted by the courts to apply only to ee licentousness, and not to sceret cohabitation. The | offence meant is against public decency, not chas- tty. The Court wanted to indict Young for adul- ; tery, but coula not get one of his wives to complam, | ' They would not indict for polygamy, because the second marriage could not be proved, beiug secretly periormed, The oid man, therefore, 13 made to pass Under @ 1aW he. signed as a polygamist and which , was passed by polygamt=ts,”” Here some inverruption happened, and we broke off a very interesting conversation. concealment is never used except when tac defend. ‘ant is supposed to meditate escape, dui there was Brigham Young waiting all the time to be arrested."? “Will he probably return and submit to arrest and Incarceration at Camp Douglas oa the nubailable charge of murder!” “Be may; but J shouldn’t blame him of he refused to walk into tnis deadfall.”” “Why do you say deadiall “Beaase, under the jury-packing systein now prac- tloed in Utah, and the rulings and chargings of the Court, he has no chance whatever, Jn fact, he has been found guilty in advance; for when McKean opened this term of the Court he said that the insti. tation and system of the Mormon Church were on trial, and made a harangue against then.” “What ia the general estimate of MvKean among the legal fraternity of Utah?” ‘dle is & fanatic, without much knowledge of law, deteriiined to secure convictions of these people at whatever cost. e@ believes that the end justifies ‘ne means; thinks he 18 sustained by the administra- Uuon; that it ts his religions duty to crowd the Mur mous hard, and he has also, he supposes, a chance to gain a great political reputation. He 13 SaREE pomstik ioe viet Ee Phage. “AC An elocutionis anrwhat are said to be his ambitions 7” “polivieal promotion in the East, either jn New York State or at the President’s hands,” is “aro the two other justices more tinpartial 1 | “| have not suMcient. knowledge on that head to answer intelligently. Strickland acqalesces with McKean unitormly. Hawley differs from McKean with respect to the Mormons, oniy that he, ‘would reach the same end less boldiy and with more semblance of regard to lega! precedents.” “Do these Justices show any feeling of sensitive- ness asto the severe criticisms passed upon them by Kastern jurists 1” Save, ney think the American people are indif- ferent about ho means uf extirpaling Mormontsm 89 tt be killed off. ‘They do not Know enodgh law to care for prosessional eatimauon, They are popu- larly said A jump’ mines and precedents with facility.” eave took you from Nevada to Urab, Mr, itch 7” Pa ang litigation. I moved there May 1. My connection with the Mormon trials probably fol- lowed from wy position on the Cwianm bill tp Con. gress last winter, when I made the only speeci against its passage on the repnbdlican side. lop. osed It because It took the selection of juries cut of he hands of the local officers and out of the scope Of law of the Territory. Atwade the United States Marshal the despot of Utan, and excluded from the jury-box nineteen-iwenticths of the pcoplc. And et Judge McKean, by his rulings, has passed the | Suiicm bil In advance of its passage by Vongress, and Mr, Raskins, the author of that bill, is actually the United States Attorney in Utah, getting convic- it)? . Hayy under ppear 19 place faith in the news- sta?” “You do hay Be an jetters y Palo. They are Munchausenisms, which tickle us at home while they probably do hurt at a distance, The federal ofictals write most of them. ‘These old murders are sapported by the evidence of the dea. rado-who did them, and that of Yates happened fteen years ago, in we M on war, which the ad- ministration of that time passed over. iy there any reason clearer than this that the present Court has come to make havoc, and will go any lengths to do it? The very get ‘and prosperity ol the Mormons teful to them, ih 0 you have any sympathy with polygamy?” “None. In my speech in the Hawkins case 1 called it ‘a cruel and Re a | aystem of barbar- ism,’ whether endorsed by the Old Testament or aed Mormon revelation, ‘Theve are allowances Jor It there, however. When the Mormons went to Utan the women were in excess, and it devoived upon @ THE COURTS. | The Case of Mr. Irving in Court—Action Against the American Telegraph Company—The Iren-Work Bill in the New County Court House-—Appeal in an Ali- mony Case—Husinets in the Court of General Sersions, UNITED STATES SUPREME CUUAT. Appeals from the Court of Claime=State Luter= | ference io Federal Suits—Enforcement of | Reveuve Laws Againat Distillers. WASHINGTON, D. C.,,NOv. 1), i871. | i , County Auditor and approved by the Comptrolier, | * and, Apally, that if on the lacts presented the Court | priated for the payment of this Dill 15 a periect de. | Norton and Otuers, Commissioners of .the New County Court House, and the Same vs, the Same, and the Same vs, Kichard B. Connolly, Comptroler, &e.—~ It will be remembered that three several motions were mato on behalf of the relator, each fora peremptory mandamus, two against tle Commis. sioners of the New County Court House and one | agaist the Compiroiler, all being mad the same a fdavit, al being heard tozetior and the ovject of all being 10 obtaiu payment of the balance of $34,725 58, alleged to be due oa a bi of iron work put into County Court House. The motions were hoanl be- fore Jedgo Sutherland, aud the matter came up on appeals from his‘order. An appeal was now imade on alt of Mr. Cornell, so far as said oracr denies Motion directing tat a peremptory writ of man mins issue commanding the Comptroller to pay bill, The Comptroller and Court House Vomaissi ors appeal irom the whole of the order, Longtiy guine Mess . Cornell, Mr. Monell appeariag for the Commission ecs aud Mr. O’Gormaa on behalf ol the Coniptrolier, and each pursuing preciscly the same line ol argument as when the vase me up | first for a hearing, and which having beea | fully published at the me does not require bein, on one aud t. fs were indulged in by ihe opposing couneel, Robinson abd Lawrence appearing for Mr ‘The sum | addressed to + ‘The ' the New j onpted in the trial of an maietment against Law. renco McLaughlin, charging him with stealing, on the 19th of June, 1870, jewelry vained at ¢149 from Mrs. Jeunie 1. Brown, who stated that at tat tine she boarded with Mra, Varian, 349 Fourta avenue, The jewelry was kept i a barean, and was missed | Shortly after the accused le’t the room ‘o return to Boston, where he resided. Upon cross-examivation | Weame ont that Mrs. Brown did not make a com- vlaint against the defendant until a year after me allesed larceny, and stated a4 a reason for #0 doing ! { that he (McLaughlin) nad obtained possession, vy fraadulent means, of a house belonging to her moiher, im Watertown, Mass, worth 49,000, and she (Mire, Brown) hoped to induce him to make a settlement in favor of her mother, Mra. Leguett, who is sixty years old, and was also @ Wit~ hess In the case, Mra, ure 1 that she calied ig ’ 1, three sin July, bee a r erly, She admitted thar MeLangntin jewelry that had teen stolen trou ho nev | a other facts pert Were nob pertinent DUAale: ie whi A Mrs. Funny making business in prisoner tod ber ae took ty he gaye her, and said he Leggett for the nouse; ahi that notil jong after AL Lie 10% of the case 4d not tell Mee feged larceny. for the prosecution Jndge Bediord said (addvesstng the jury) that irs was a | Most extraordinary case, and that 1% was donbuut from the testimony of tho wiinesses for the people Whether the accused took the jewelry. After listen- | ing to the evidence he (the Judge) believed wat the complain: was a vindictive persecution, and not am | honorable prosecution, It 14 my duty to sit here and | do right to the best of my ability, ever guarding the | Tights of the prisoner as well as to protect the rights of the people. If you concur with me, said Fila | Honor, you will render @ verdict of not guilty, but ; you difer with me, of conrse, the defence wilh ba ; Ustened to, One of the jnrors intimated his desire to hear tha defence, but several of them sald there was no use to proceed further, Judge Bedford responded— “By all means let i Lo the defence, in oraer r ate jed."" ‘hat we may all be eatis ; _ fhe counsel proce: eded to call witnesses, amon: { Whom was the deputy keeper of Ludlow Street Jal | Who testified that Brown was in the nanit of Visiting the jail almost daily, and talked with hum in a friend:y manner, and the prisoner said she ; game there to pity him and try to settle the suit. | McLaugniin denice? stealing the jewelry, and told | ner he had trequently redeemed her jewciry which was pledged py ber *on at stores in Washingto! | street, Boston, “rhe counsel produced a bundie of | letters which were written by Ars, Brown Wo the ; accused, and read one of them, whicn caused con- siderable merriment In Court, {nit she cailed hing & “darling,” an‘ used other endearing terms, whiclt | showed close intimacy between them. | Assistant District Atiorney Sullivan then said be | destred to fully concur with the Court in its view of ; the case, and admitted that the jury could not con- vict the desendant, Jadge Kecford observed that he was confident he | made no mistake in tutimating al the close of the people's case that It would be unsale to convict upon that testimony, bat he was glad the deienca was offered, which proved to thelr satisfaction that ) he was rignt. given in extenso, AS 10 tie Appeal taken by Mt Cornel, and lis right to a mandamus direetiy | against the Comptroller, it was urged that the bill | was @ legal county charge, and was duly, properiy And legaliy audited by the Board of Supervisors a3 | required by the statate; that tt was audited by the | and @ t onchged paymeéeat jnade thereon; that the Supervisors having periormed th duty tn audit- ing the bill, the Auditor having performed his duty in examining and allowing the voucher or bill, Lie AS S00n as the jury rendered a verdict of not gullly MeLaughiin was taken imto oustody and handcuffed by # sheriff, who produced a reqnisition from the Governor of Massachusetts, MeLaughiing in answer lo the District Attorney, sar) he was an attorney-at-law, but was not admitted to the ‘yet (to use lis Own langaage) L am more ‘re- adler’ a good deal than some of those that ta In Bostou.”? This Massachusetts legal gentleman and other law, Yers and witnesses in tls case left the court room Comptrolier having approved of the voucher or bill by making a partial payment thereon and | by promising to pay the balance, it there- | upon became his duty to pay the same or to draw his warrant for that purpose, and that it | was no excuse for the Comptroller to sav that siuce } the bill was uudited and demand for payment made | he had exhausted the fund set apart for the pay- Mont of such vills, andespectally when it is shown | that alarge portion of such fund has been mizap- | propriated by the payment of illegal and fraudutent | clans, As to the relator's right to a inandamus in | the jorm in which it was granted by Judge Jand, it was urged that the contract expres lated Jor payinent vy the ‘successors’ | Goard of Supervisors, and that the New pure Mouse Commissioners betug such suceessors | as regards the building of ure | Monse they were responsible for its payment; vould not interiere and issue the wriis prayed for, | elther to tne Comptrolier directiy or to the Com- missioners and Comptrovier together, the reiator | would be subjected io the absolute loss of a just debt, and that it would furnish the monstrous case | of & wrong done for which tho aw provides no remedy, Mr. O'Gorman msisved that the fact that the Comptroller has no moneys epplicable to or appro: | i fence to the application for a mandanius, and that » The appropriations of 3870 and 1s7]1 are neither of | ; them to tho payment of the relator’ | claim, ring the arrument ihe Court took the papers, reserving its decision, Appen! trom an Ali Maria Gallinger vs, wanee of Alimuny. imon Gailinger-The plaine | if obtained a decree of limited divorce agatust the | gy ; defendant for cruel and inbaman treatment. Judge | 6025, with great expedition, and probably took the even. tug boat for the Bay State. THE GRAND JURY IN COURT. The Grand Jury brought in @ number of indict ments, and che foreman inforred the city Juage that Uielr daliy sessions were very brief in conse. quence of their room being without @ stove, Judge Berdtord said he had learned that che greed Jury had no fre in thetr rooms, and directed th Sherif to attend to the matter and furnish fel “Tam tu the same position tn Court,” said 1 Honor, But the peopte ‘know how it is themselves,” COURT CALERDARS-—Tit3. DAY. SUPREME Court. Tk Judges Ingraham, ALJOZ0. 100, 142, 1 130, 141, Jaz, 144, 14s, 146, 1 » Tal, 10d, 163, 164, 155, 16, Surkeme Courr—Ciroure— Part 1—Held by Judge Van runt. ¥ 11, 199%, 161, 100), AB), 14% 8, 191, 477, 479, batt Me 1235, 1 Cover oy MMO by Ouiel Justice Daly. —Now, a, ’ ‘OURT OF COMMON PS.E4S—TRIAL TERM —VPart 1— Hel:l by Judge J. F. Daly.—Nos. 944, 1028, 895, ra ‘900, 1047, 404, 427, 11 990, U72, 68, Lvs, bid, 174, Ld, Part 2—iteld ‘by Judge Larremore.—Nos, 9477 logs, 1004, 10 1100, L101, 1109, 1049, 10645 1062, 1105, 1108, I 3109, MARINE Co tial “TERM—Part 1- Hela bv Nos. 6410, 6512, 6/23, 0 6900, ndge Joachims 02H, TiUs, TLAL, T1862, 7165, F104, 7 750, Part de No. 224, United Sales vx. Kimball—Appeal from | Barnard granted ine decree, with alimoay of $50 a { Held by dudige 1200, TaD ae, FIBA, 9B oom, Tee the Court of Claims—Tue petitioners claim about , Month. Afterwards on tras opened and seus 10 & / sae, Gi ¢ 1, 7148, TA? ‘a0, Tate, V5 Hea $7,000 for damage to thetr bark Anne Kimoal!, wntie | feferee, who reported In favor of $350 a year, | Tne | Part —Meld by Juaze Curtis —Nos. 1660, sO, 7849, Jn government employ, and about $5,009 for loss of | Cidsa’sh ist sunsnane pean, MT NOMe MNOS | TOT4. TUNG, TAN LAME Tibi 2a 82a FLO OF 5) NARs wrevrigsre Hes © TW apt 280% | argued at considerable length, und terminated, as ei crn mariana the Quartermaster’s Department shipped on the | usual, by the Court taking the papers. i SUPREME COURT—SENERAL TEAM. bark a cargo of’coa), to be transported from Puila- | Lawyere.ef Other Siates Admitted to the New bees gr ik lane delphia to Port Royal, the master signing a bill of | York Bar. pre Ree atd tad Cibo lading contracting to dehver at the place of | Mark M. Pomeroy, of Wisconsin; Charles P. Red- sagen non for er ton; slipuialing marrage at ine Tato mentioned, after twenty- one days allowel for discharging. Arriving at Port Koyal the Quartermaster there refuse wo receive the ireigut, and ordered the suaeter to pro- | ceed to Key West. This the muster refused todo, | and notified the Quariermaster there that he would | hold bim for damages Mf the order was enforced, | Subsequently the ordey was enforced by a threat to i take the muster off the vessel aud put another iu | charge. The master then protested that there was | not enough Water on the bara’ that time, bat the | Quartermaster nad tae bark taken Ji Low by a gov- ernment tig, and in the attempt to get her over tho bar she str iolently, sprung aleak abd had ty tore back upon the be: to save her irom ‘oundcring. The bark was subsequently detained because her freight was not discharged, and afterwards, while undergoing repairs, the government paid the freignt due under the bill of lading, but refused the | ance of ie claim. On tiese facts the Court below | gave judgment for the pettioners for $12,903, and ‘est It 80 directed by roceed to Key Wag required to procee psa Sail 4 the Quartermaster at Port Royal. delay in getting away It Of the master. stranding of te bark Was a pe the injury is one which must owners of the vessel. But if the contract affraightment did not hay ghd the master to comply with the directions of the Quartermaster at Port | Royal then it follows that the action vi the govern: | ment was tortuous, and no action can be marntained | in the Court of Clatins; or else it was an epyropri. | tion of the Vessel for the military service of the | overnment, and is, therefore, taken ont of the furtsiition of the Court of Claims by the act of } uly 4, 1863. No. 235, United States vs, Farble—Brror to the | Supreme Conrt of Wisconsin.—In this cave the son of petitioner, being under elghtcen years of age, was enlisted mm the army without the consent of his mis arents, and Was aischarged by @ Court vom moner 1or Dane count, isconsin. ‘The govern: ment contend here that neither the Com: reseed acting nor any other judicial officer of the Stal 4 bad authority Yo issue ‘the writ of habeas corpus; il Ol the sea, and | be borne by the | of | man to take care of more thin one to keep the lu- married from starving. It was preached “4 ligious ordinance to a credulous people, and practised remote from monogamous mankind, They id not begin. it with criminal intent. Society has caught up olsvamy, and its hoarsare smear put what ts the use of galloping over all Jaw. one decency to make martyra and seed for it? hy treat it with the spirit of preachers and zealots i stead ol as statesmen and surgeons! Save the I of Ulah—ita frugal and Red geil ie i Atqui- sitions and {ts uses for all the mines and settlements of the central Continent teen are my sentiments. value of Uta? Welt, aanaines are equal in valde to those of Nevada, which have produced from $120,000, 000 14 $150,000,000, ‘The real estate, caj lal, &c., are prob- ably not less than $70,000,010, All-this 1s Mormon ‘work. Lavor in Utah’at the mines costs only two dollars a dey, or,baif as much as all around ua. “po you think an exodus from Utah was ever ” a aa it was debated, but srigham pas bis foot onit, Ibis not reqmred. Every interest 01 Utan has been disturbed, however, by these cru ders,’ 4 be what is the solution of the thing *” self-government. armit thei as a state ane nstivution enacted by themselves, relinguisbing mons warrlages. Follow the we that are married already The mere discussion of this Pp to iis enactment ghee ight on the error of the thing Than al eo teres crane courts, and if the Mormons Sysr eat to give np polygamy they will do it without eee yescrvation abd in periect candor and sumphor i - “What wil be te poutiew! complexion oi such ie? mete straordinary. It 1s _@ State without Mlb ship, and 1 Will Vote jor Presidential electors ee ~ spirit of the old electoral provisions—that fe wee ing to the Character of the electors only; and leaving tate, under a for ait the Future poly, advice of Namie! down vory e mingly seonrod thelr own safety aud tus bo en i death within the light of the very fires which {bo natives had lit for their succor, 1 arrived the 'Mile Dative village oom, ly overpowered my the intense cold, and, on recovering my senses, nso gall la hae pedis trad Na! ent with so much violence a to Iracture bis skull. Hp ations out MEN HAD FROZEN TO DEATH. fell with his joit leg across the track, the whee) pana ° . From the testimony tho @ victims were iny (hind Maia, gewand carpen- | ng over and Criveitc of accitental death. De- ‘al the influence of Jiquor, and, riding down sever: blocks, Jumped off the step at Ninctieth street, with- the conductor to stop. Mr. Farren ran gyeinst one 64, en passing np, and struck his head } ‘Hl oO nenmen—Cly bb as jury rendered a verdict ot ye ean anal ate onled aay ‘i Te trae mT Years of ase and a DALIVE Of thus i me wir ae readers of the HEnaLp Bo | Biate. Lig ilyo! bi Trox them untnstrocted as to thetr preference amon v Y Jities has been shut ou! candidates, You see all pol Ae rheg g ly the federal Oourts have authority to Felons. persous illegally imprisoned by the United States. The recrutt was a regularly enlisted soldier, duly mustered into the service, and was then under charge of desertion ‘and awaiting ‘rial by the mulf- tary anthoritics, The case United States ye dag) 21, Howard is the authority for the point made by the government, | NO, 287.—Uniled Statens, Wynderseantanother, | Survivors, éc,.—Certidcate of division from the Oit- | cuit Court for the Northern district of New York. ‘This is an action of debt brought by whe hit mo tg ants and one Goodwin, now ide- ceased ry rineipaL and sureties on & distillers bond given under the thirty-ninth section of the Internal Revenue Jaw of 186% the condition of which was that Goodwin should faithfully conform to all ol the provisions of the act mentioned, both sections of tne ace being Violated this action was brought, and the Court alvided in Opinion on whe question “whether or no the condition of the bond | So iar departs from the requirements ot tne act of | Congress as to render it void.” The caso Js the saine as that of United States vs. Rodson (10 Wall, 496), decided last winter, and then reported. UNITED STATES GlACUIT COURT. The Incictmente Against Jim trving. Before Judge Woodrurt. Yesterday moruing, In the United Btates Cireult Court, after Judge Wooarulf ha: ihe bench, Mr. Noah Davis, United States District Attorney, called up the case of Alderman and ex+ Assemblyman James Irving, who has been Indicted for an assauls upon Deputy Marsbal Dowiey, and 4 on for trial. It was an important matter, md ne was most anxious to try it. The witnesses 1 rowdy. ; Counsel tof Aiderman Irving #aid:—'We are realy ava desirous Of having the trial as KOOD as ile." Pondge Woodruff said that he conld not stop a case of Utah, Our newspapers take no os the Morinon people are of nesher party, ess “Po return to the federal rt, Mary Fitens impartial among the lawyers “That it don’t become me to. We had a fanny aye .; ‘Mr, Miner, @ Mor- thing there about the tim n! ar, of Judgment in the mon lawyer, move! al Nuvee ‘0 Hawkins case, and, among as on for to-day—a@ patent suit, He Wi therefore unable to nam@ ® hay for the tvial of th mater ‘ailuded to by the District Attorney, bat prob. ably would take It op on Monday, Ji the sot winch dudge ie now trying Ahoatd for de- | mond and Francis M. Hawley, of Connec | ON motion, admitted to practice as atiornes | connseliors in fhe Courts of this State, asment, —Por the laying 0 Belgian pave- ~ | snent| sh 0s street an "aieetaddihe was made | to waivethe forfeliure thereby Incurred, The case against the estate of James Dean. Application was made to vacate this assessment on the ground of a failure of publication of the notice of assessment j In the New York Dispatoh, claimed to be a Cor- | jJuiy, 1868, efte 5 ul 13. Dal- | poration paper, | tive lives with the deftendau ment appealed, contending that oy a | that, though the paper mentioned was made a Tae eee clgune ou ie bill’ of ladtug, Which WaS to | Corporation paper in 1853, it Was not 80 be construed a8 a part of the contract, ihe master | jn 1866, when this asscssment was laid; and, Surther, that poratio’ from the latter place was the | constituting this paper a Corporation paper It is aiso contended that the | ‘never beeu revoke 0 taken hs seat upon | ut, were, rs ani SUPREM: COURT —CHAMIEAS Payment Apnen: Before Judge Brady. Jn the Maver of the Estate of James Dean (0 Vue the statute requiring all Cor- notices to be published fy all the eparation —— Ik was urged in opposition | e nufice was published in nine Cor- The answer was that toc pas | ‘the reply to which Was that @ ey The Court papers. list of such papers is made every year. | took the re, | Direotiy alter hearing this case orders were pre- sented vacating about one hundred assessments for paving Irving place, Sixteenth street and other streets, pursuant to @ decison in the Court of Appesls, such decision belag based on failure 10 comply with the statute referred to above. SUPREME COURT—SPECIAL TERM. Decision. By sudge Sutherland. Sandyora vs, McGay et al.—Judgment for plain SUPERIOR COURT—SPECIAL TERM. Decinions. By Judge Spencer, Demarest va, Herring.—Order grand. Van Tasseli vs, Walker,—Same rring va, Coleman,—saine, Hiner ae, Seh.nuley. Order referring to $. B to take deposition. Reariung 08 Cay olin, -CR86 dismiased, Moore vs, Schavjer, ~ Order granted, Cox verse va, Ehriick,—Saue, COUAT OF COMMON PLEAS—SPECi4L TEAM, Deciniens. By Judge Loew. Prait vs. Pratt, Read & Co.—Motion granted. Roberts vs. Newhouse.—Application granted, Harrison vs. Given,—Motion for leave to serve | answer ted without costs, a Ppomears 8, maytor.—-Motion to open defauit sosts and filing an under- ented cen pa crent. ety (conditional) to pay sient Burt ening: semene wet may be recovered agains! the ead ee tae ee vuiton Wadding Company.— Motion to place cause on short calendar denied | 1, Costs. wien er. salomon.—Motion dented without conta, Docistons. Ky Judge Joachimsen. Wyuler vs. Refchold,—aAssauit and battery, Judg- } ment in favor of plaintii for $100. Forty-second Street Rattroad Company vs. risdiction 1b ace Gunte.—Dismissed for want of ju tions on bonds except such as are ennmerated in which tis does not come, wae a on Day x Action to recover tie Value of | due \ patrons in Gertrude Koviges ve, The Guardian Mutual Lif Jnsurance Company.—The plaintiff brought suit to recover $4,000, the amouut of a policy on the joint lives of herself and husband, company that count of non-payment, when due, of she leet pre- mium prior to the death of Mr. Koelges, and that Tt was claimed by the tne policy had lapsed on ao it when over. do 80) (Of clerg who bad received had = no authority to has been tried three Umer, and the last time the | yury rendered @ verdict for the plamtift of the iuit , amount claimed. | Jushee Barnar ie following ix the opinion by he plamtid and a tier rapes set insurance apo respec. ce das By the terms of the either, the i} of insurance upon the decease of Ponce or bocame entitied to the amount writtert in the policy, ‘he husband of, the plaints died September 2, and this acion it brought to recover the sum expressed In the policy. The case has been tried three times, and it is now here for the third me upon appeal. Upon both the previous appeals it was sent back for a new trial, chiefly for tae reason that it should have gone to the jury for thelr determination as w the question whether or not the defeniant,tby SS nabitual or ordinary metitod of dealing with It the matter of the revival of lapsed poli- as A natier of fact, authorized the plain. yon the course which she pursued which is the subject cies, had, um to rely ny in reviving the poilcy, 3 Gj Upon the fast trisl this ques- toy ais ‘is becn fairly presentew to ‘and the jury, under the ingtruc- tion of the Court, has said, tn effect, thas the (1 1a Dusiness as to the defendant has #0 conducte: ie polices that, In ett upon Mralver ofeutar cums, tue plated had right to do reclsely wirat she did do, and to do It notmitsiand. Ing the clause annesod to the policy upon which the defendant relies. For the parpcae of this appeal te must be assumed that all the acts La controversy. upon the Frial have been found in ‘or of the plaimy CouaT UF APPEALS CALENDAR ALBANY, Ror 18, oes The foliowing ts tie Court of Appeals day cal for November 16:—Nos. 367, 9, 380, 333, 886, 28) vie Banting Up Witnesses—Post-Mertem Kreme ination. Coroner Young is busily engaged in huntiog up testimony in the case of Charles G Jackson, who died in St. Luke's Hospital from depressed fracture of the skull, the result of a blow on the head with an tron rod in the hands of Samuel Hiuman during @ quarrel Detweeu them at Jackson's lodging house, No. % East Fourteenth street, on the evening of the dist nit. Hinman, becoming alarmed soon Lessa inflicting the violence, fed, and since Jackson’s death cannot be found. It is alleged that at the triking the blow flinman was pro- toning Drs. jeathan, Une lanilady, whom deceased had not only msuiled "but assaulted because sve woul not permit mm to jutroduce disreputavie females to her parlor, which she waa then occupy: ing with Mr. Hinman, ‘The real facts, however, will ve developed during the Investigation, which the Coroner wil make most (horougn, aod for whieh purpose ke yesterday afternoon empanetied a jury. In makiig & post-mortem examination on the Witt decease | Mad sustained body, Dred found th: poder Should the statements of Mrs. Latham z the origin of the affray resolt- sare agate bo. ver A they Will gO lar a a trasture of the skull, Which fracture of Sea? and her ing la Jacksun’s death be veritied ne conse- towirds relieving Mr. Hinman irom & c 5 fy Diu tn returning oO quences of nis act, aud yustily thud gt ot ~ y u uisition. await the result of the Inq ae ae Deconars? i at left with one of the servants of @ hole Feeper. Porior for plauntif, $50. COURT OF GENERAL SESSIONS. Alicged Larceny of Jewelry by o Boston “Sawyer =A Queer Vrosecution={nicresi+ ing Particulars. ‘The entire session of the Cont yesterday War Ove ity the investigation will take plac ve, UI 1, some day DEX WOeK. othe Gabes aud whereaboats of the ounce Bey | taken into tbe house by deceased are eum a OO Coroner Young has requested Capa by ae the Fifwenth precinct, 1 make aa effor" aa ae Mrs, hathara feel ante grieved, wt the e at nowriety given bo bie sat upon ‘and death ol Jackson