The New York Herald Newspaper, December 8, 1871, Page 8

8 JIM IRVING. Close of the Testimony for the Prosecution. DEFENCE. TMr ‘An Ex-Yasmany Sinecurist on the Stacd—What He Got for Doing Nothing. Yesterday the trial of Jim Irving, ex-Member of Assembly and ex-Alderman, for alleged violent as- sawlt upon Deputy Marshal Dowley, was resumed 1a the United States Circuit Court beiore Judge Bene- @iot, AS on the preceding day, the court room was very mucn crowdea and considerable mterest was manilested in the proceedings, Mr. Pierrepont, Mr. Davis aud Mr. Pardy con- mucted the prosecution On behalf of .the govern- ment, Mr. Fullerton, Mr. Charles Dononue and Mr, Charles 8. Spencer appeared tor irving, who, durmg whe progress of the trial, occtiplea a seat near his vounsel. Altovaey General Akerman came into court while the case was going on and pald bis respects to Judge Benedict. CROSS-EXAMINATION OF JONN B, DOWLBY, DRCUTY MAUSHAL. John BE. Dowley was cross-examined by Mr. Fal- Jerton, He siid:—1 got the warrant for the arrest of Geoghegan from Commissioner Davenport at 30 West Union square;-1 do not know what place it was; a great laany rooms and balls are in the building. Q. Who. told you to go there? A, The Marshal and Commissioner Davenport; | saw Mr. Daven- port in that building when I weut after the warran! Lsaw him in that buuding a night or two before I got the warrant, QV not the place where you received this warraut Lic headquarters of a political organiza- tony Objected to. Question ruled out, 1do not know that the warrant passed throug Marsnal’s office before 1 got 1 from the Com- missioner; sjarted from Ludlow Street Jali with the Intent of arresting Geoghegan; | think I first spoke W O'Brien in the carriage thet 1 wanted him to come with ine to make an arrest; he understood that he was to assist me to make the arrest; I think we gol Fitzsimons al avenue A avout ball an hour before the arrest; I did not go with him to Geoghegau’s; we got a man at Jackson Clab to go sliegan’s, and he took ¥itzstmons there with him, and I saw Fivzsimons afterwards on the side- THB crow’; Mr. Brown calied the attention of Mr. Irving and pew aad he “Don't mind walk; a Jackson Club there. were not as many per- sors there as are lere now, and there was no drink- ing golng on, nothing of the kind; I think persons were stauding Ouiside Geogucgan’s store when I passed there, bes:de4 my own companions; I went to 200k ior policeman; saw & man In his shirt sleeves, and was told that was Geoghegan. Q. Can you state to the jury if any one came out ef Geoghegan’s house after Geoghezan was pointed out to you in his shirt sleeves? <A. I stepped up to Geoghegan and asked him if he was Mr. Geoghegan; tere was not acrowd; loniy remember that O’Brien, Bernhard, Geoguogan and one other man whose wame J do not remember were present; 1 think whe mau who addressed mie came up from the middle of the street; thatis the persou whom I recognized in court yesteriay (the prisoner); he addressed me, saying, “What js the matter?” I do not think thatl ever saw hin vefore since the assault until yester- day; is features and lis appearance made an im- pression ypon me; 1 concluded it was Jim Irving when he was cailed oy that name; | received two biows—one trom Geoghegan. Q. When Geoghegan strack you were you look- ing athin? A. Twas turning my head; of course 1 could noi Luen see Who Was On the other side of me. Q Do you remember into what room you went in the Jackson Club? A. i went into two rooms. ‘Yo Mr. Pierrepont—When I made the arrest a crowd, Within a minute or so, came from avenue B, i Whiak: from the time 1 made the arrest: unui I ‘was hustled to the opposite side of the street about &@ minute clapsed, VUE MEDICAL EVIDENCE RULED OUT. Dr. Michael J. Hogan depozed that on the Timrs- day afier the assault on Dowley be saw him at nis house; Dr. Place also saw bh. Al tis point of the inquiry Mr. PIERREPONT said there Was a reference in the evidence yesterday to ® pistol. He proposed to prove that the wound on the back af Mr. Dowley’s head was such as wight matnrally heave been iflicted with such & weapon, Dowiley #180 got a stab in the choek with a kuile or ® sword; bul he (counsel) couja Dot prove that Irving had cither @ pisio! or @ Knife in his hand, ‘Nae JupGu—Uniless you propose co connect the oe her with the use of such @ weapon as would ve inflicted the wounds 4 cannot admit the testl- mony, PieRREPONT—Then Your Honor does not think Mr. it necessary tO CXamiue as tO Wie nalure of the wounds ¥ ‘The JuDGE—No, Mr. PignieroNT—Then we rest, I believe. 1here 48 one witness whom we desire to examine; but he has not yet arrived. His name is Collins. We can exuming him, 1 the Court please, by way of re- bultal ‘the JupGE—We wii take a recess now for fifteen minutes, and in the meantime the witness may vonte In. After the recess, ‘The JuDGs asied—Has the witness arrived ? Mr. PreRkeroxt—He has not. We rest our case, THE DEFENCE. Mr. SreNcER Siated the cuse on behaif of the prisoner, Te had listened with attention to tie opening ot the distinguished gentieman who had opene: for the government, and, in common with him, le regreiied nut Judge Davis was not able to wppear in the ease; but it Would not be the fault of Nr. Prerrepont if Justice were not done to the gov- ernment. Heregretied tat the boncraple gentle- man hed satd to the jmy, “You know dim Irving, and yon will know more bf bim beiove tints trial closes.” = They di know him, but wey knew nothing against his in tegiity. He Was a tian of large and noble heart, and while counse: admitted thay Irving had (reely used Wis hands, he never yet sirack a coward, felon biow. Irving hud lived long in the city of New York; he had a wie and family, and he felt ata sen- tence of two years imprisonment to him would be @ sentence of death. Mr. Irving, mM Us hour of peril, had fmends to etaad by hit, and he might point to the fact tha, Mr. William C, Barrett, with- out fee or reward, Was iu aliendance to give tim Lis aid. ‘Ihe testunony of Bernhard and O'Brien was full of coniradictions, Wiuie tat of Dowley was uncertain from the fact that he hw never before Known the men who had been charged With assaull- jog hin. Counsei Weuld not comment upon tie | propriety or impropriety of issuing a war- vant for an alc oulence @ year old on the eve of an ‘tion, With that he had hothing to do, nor woud be ence to the seuding of th val headquariers for exe: ate anytuing ia refer. warrant (roma politi. ation; but (havwould pe HO Oxcuse for a resistance Ww a United States pro- cess, fie deplored thal an outrage bad been com. but it was also to be deplored that neither rd, nor O'Br nor Fitzsimons had made the slightest effort to save Vowley from avlack, ‘the deience would be that Irving was not the person tat struck the singié blow that the prosecution he struc 1 theu Went ob fo Bay that . Irving, being a candidate for political ofice, Went ont that evening with some friends, and alter pas ing lor Some drinks for friends av Geoghegan's, witnow drinking d tat b € ‘ould Was LOL at tne scene of an Would prove ttis aud ale Lhe prisotier irom this charge, VESTIMUNY FOR THE DEPENCE—BVIDENCB OF | RDWARD HAGAN. Faward Hagan sworn—I resi thet 8 was bora in this city; 4 aim clerk for my father, who 184 louse agent; he collects rents | And owns property; he has veeh engaged ln taat bushes jor about tea years; on the nigitt O1 the ota vt No’ Was with Mr. Irving at bls residence, at AIX a iv bis company tnul keven « cnigg; J went around to becond nue with Mr. Irviag and Mr. Brown, got irove down to avenue B and Fifteenth | ig the coach ce olf; We Went gau's and took @ drink; we went outin & Jew miputes after and proceeded to avenue C to Gnd ont a ciub tat was to “endorse! Mr. Irving, but did not fad ik; we came back and got into ue coach: We KAW a fightin the street, opposite Geogie- an’s house; Irving aud Brown were with me: the emark Was Made, “Let us stop to look Al Lie row?” “No,” said Irving, “let us Jump wie carrlage.”? Did Mr. Irving participate in tat afray? | A. No; it was jupossibie for ium to do so; he did | not participate io it; Mr. Irving wore a jight coat on this night. (Mr. Irving here put on the coat.) Witness—fhat is the coat he wore curing the four n t 418 East Twen- | attac | @ glorious state of NEW YURK HERALD; FRIDAY, DECEMBER 8, 187].—TRIPLE SHEET, to the row, sald, in of tnose drunken fellows,” | did not sec if any one was knocked down, as 1 was not near enough to see; it Was an ordinary sireet fight; there was mnueh swaying to and fro; Mr. Irving hurried to the coach; We got into the coach hurriedly, drove up Fourta avenue, and stopped at Eighteenth or Nineteenth sireet, at a iiguor store; I stopped at Mr. Irving's house that night; did not go to bed, nor did Mr. Irving; I had been in the Comptrolier’s ollice a year before tast New Year's. Q. What did you do there? A. Nothing. . «, How much did you receive in the Comptroller's mice A. $1,500, : ‘ y Q. You sere i000 i a? in the Comptroller's oftice for doing not » Yes ea Q When aid that cease ? a Last New Year's. . You areout now? A. Yes. 5 < Did you make au ates * ae peaegn Otuece before you gotyour Pp: x receipt to . eerk a ny pave Tunever was arrested ; for intoxica! rarer: TESTIMONY OF MARCUS HANLON. Marcus Hanlon deposed that he saw Irving come upavenne B; saw a crowd there; Irving «id not Mingie in the crowd, except to pass through It; saw Irving going to the carriage; he hurried to it; ie ia not participate in the row; 1t was Impossibie for him to do 80; liv ng wore & lignt coat that night. ‘Cross-exammed—{ came to this country from Kings county, Ireland; was there In the hardware business; Was not charged with forgery; I did not come to this country under a false name; but I did buy @ uckei of 8 man named McEvoy, 1 think, who was unable to come; I was interested in the whis- key business in 1837 and 1863 with James Irving; my disullery was not seized while Mr. Irving was interested with me; I was first Introducea to him by learning that he could get bondefor the release of my distiilery; when lsaw Living opposite Geo- giegan’s | spoke to him; he said he did nou want to taik to me then; that he wanted to get away from the bro; that he did not want to be mixed up with it; Lasked Bernhard what was the matter; he said his Iriend was hurt; when Jrving was going to the car- riage the row had not ceased; Tam sure J did not drink that night with Bernhard; Thave seen bim at Del. monk it Delmonico’s 1 did not talk to Bernard if he would be willing to do a service for Irving. Witness said, in reply to other acentne, that charges of delrauding the revenue had been brought against him, but that they had been dismissed by Compmlesiauer Belis, by Whom they had been inves- Ugated. Gale TESTIMONY OF PATRICK CUNNINGHAM. Patrick Cunningham, 601 East Sixt deposed that on the evening of the 6th of Nove: ber he saw alr. James Irving lu Geoghegan’s sto) he remained there but & few miiates, and having treated all hands left; witness fol- lowed him and introduced himself to Mr. Irving, a3 he had previously known him only by appearance; Irving toid him todo him a lavor by getting three or four good men to work for iim ou election day and ne would pay them COURTS. THE Alleged Fraudulent Eankruptcy—Ole Bull in Court—The Justiceship Controversy—The At- tention of the Grand Jury in Oyer and Ter- miner Called to the Condition of the City Frisons—The Burrowes Divorce Suit—Ac- tion Against a Steamchip Company—A Fromisee of Marriage Case—The Condi- tion of the Marine Court Roome—Al- Jeged Breach of Contract—Busi- nese in the General Sessions, URITED STATES SUPREME COUR An Action Against the Hartford City Fire Iu- surance Company for Recovery of Compen- sation Provided tor in a Policy of Juasur- ance. WASHINGTON, Dec, 7, 1871. No, 15. Jorn 7. Semmes vs, City Fire surance Company ef Hartford—Error to the Circuit Court for Connecticut,—This was a suit upon a policy of insurance issued by the company, and the defence was that the action was barred by & condition annexed to the policy that suit should be brought within one ‘yearatter the loss occurred; and the plaintid replied that, for a portion of the Period which elapsed after the loss, and before te commencement of the action, the company did not Keep an agent and tunds in the State of Miississipp! of wiicif State he is a resident), as their con- ract they were pound to do; and that for the remaining portion of the time the contract Was suspended by reason of the existence of the vivil war. By the decision neg the case ‘was barred by the condition or stipulation, twelve montis still having elapsed, after deducting the eri0d during which tne war existed, as computed y the Court. The duration and existence of the war were determined by ihe action of the political Soppernen of the government, ‘the pial uf in error maintains that the Unite States Courts for the District of Mississipp) Were suspended from about the th of January, 1861, and that the war existed from that time 94 fully as 1 did after the proclamation of the ieth of April of that year, It 18 also contended that the proclamation of June 13, 1865, did not close the war, but that war stil existed, because the restric: tions on trade in all articles of contraband, & were continie? by the proctamation. aiterwards; he promised to do so, and they both walked to the opposite side of the street; alter a lttie farther conversation Irving walked down Six- teenth street towards avenue C; witness for a short ume stood watching Irving, when the fignt com- menced Opposite Geoguogan’s stoxe; he saw the Marshal knocked down and strack with some im- lement resembling @ bar, the end of a pistol or the Barret of a musket; le was present at the whole of the affray, and did not see Mr. Irving present after that; ne believed if he had returned he would have ecen him. TESTIMONY OF JACOB BERGER. Jacob Berger, of 844 First avenue, deposed that he had kuown the prisoner for about twenty years; on the night before the last election I did not see the prisoner; I was not in Geoghegan’s that nigit, but I saw the assault on the Marshal and le(t; i saw the Marshal knocked down; 1did not see Irving there at all; the man was first knocked down near the sidewalk, but 1 could not say who commitied the assault; J saw the man Who struck the Marshal; he was a tall, powerful man; J saw Bernhard ina few days after the occurrence, and asked him how be could have seen Irving present, and he replied, the —, he ought to be sent to Sait Lake anyhow (Bernhard was here produced and he entirely de- nied this statement of the witness); I do not beiong to (ne same poliiical party with Mr. Irviug ana did not vote for him last fat. To mr. Pierrepont- I voted for Mr, Houghton, TESTIMONY OF MICHAEL J. COSTELLO. Michael J, Costello gave evidence going to show that Irving did not participate in the fight; he ad- mitted on cross-examtnation that he had been taken up for drunkenness and disorderly conduct, anti at one time an accusation of highway robbery had been preferred agatust nim, bul it was not prosecuted, TESTIMONY OF JAMES BROWN. The witness said:—I have known Air. Irving since he was & boy; On the night in question, in company with Hogan and Irving, I went electioneering; we got a carriage and in our rounds went into Geoghe- gan'’s store; we had a drink there and left; on passing away In the carriage we saw the row, ana aremark was made that a fight was going on; ieving said not vo mind it, and went on; be did not in any way that evening ‘ticipate in the fight, or else L would have’ seen it; be did not leave us for any time, and could not have been present at the fight; he wore @ white overcuat on the occasion, such as | pow see him wear. To Mr, Pierrepout—I have never spoken on the subject since to Irving. 1 attend thie trial on a subpoena TESTIMONY OF POLICE OFFICER JOUN O'NEILT, The witness, who 1s attached to the Eighteenth Police precinct, testified that on the nigat in ques- Uop, about nine o'clock, he was on duty in avenue | H, between Fivteenth and Sixteenth streets; he waa W. Hamersiy for plainulit; R. D. Hubbard for de- fendants, UNITED STATES COMMISSIONERS’ COURT. Alleged Fraudulent Bankruptcy. Before Commissioner Betts. The United States vs, John P, Hayden. fendant was held to ball in the sum of harge of having committed acts of alleged fraudu- lent bankrupicy. SUPREME COURT—TRIAL TERM—PART 2. Gle Bull Fays $500 ‘or a Single Li Artistic Engagements. Before Judge Brady. Lorenzo Saverini vs, Ole Bull—The great chame pion violinist, who has delighted so many thousands by his exquisite tunes on the violin, was in this Court made a sufferer toatune not in his r¢éper- son Ov tract. The plaintiff, a singer and teacher of music, had in times past pune, at Ole Buli’s concerts. Iu Marcti, 1803, he aileges that Ole Bull again engaged him to accompany him on a concert tour, the tour to last five weeks and the compensa- tion to be $100 a week and expenses. Ole Buil, however, did not keep the engagement, and nence the bringing of this suit. The p!aintif meantime had engaged another genileman to teach his musical upils and Git his place as singer im a charch choir. Phe defendant olauned that there was no engay mént, only a talk avout one. As stated above tie jury foand $600 for the plaimtimt, ‘ Tae Contest Over the Police and Civil Justices ship. Murray vs, Coulter and Stemmiter vs, MCGUTO— The Court announced its decision as to the priority of the trial m these two suits, the former, as 1s well Known, involving the question as to the occupancy of Yorkville Police bene, and the Jatter that of Civil Justice in the Seventh ‘The former case was set dowa for trial first, the trial to take plac emptoriy on the third Wednestay of the pres month, tie other to be wiel immediately aiterwards. SUPREME COURT—GERENAL TEAM, Before Judges Ingraham, Barnard and Cardozo, The only Dusiness ol public importance transacted m this Court yesterday was entering the format order afirming the decree 1p the Taylor will ¢: approacbed by a man Whom he understood to be Deputy Marshal Berahard, wao told him that h Intendea to arrest Geoghegan; wiMess proveede: there when the afiray took place; saw a crowd beat ing one man, aud witness made a rush to rescie him; he was immediately seized and held by the arms; the row cgntinued; the assailant appeared to be a tail, powerful veg an, and he seemed to do the chief part of ‘the fighting; he Regia veral vorces call out, “Give It to him; hé could not identify any one: bas not seen the young man sinc but thinks he could uel tin il he saw him now; the witness waa pinioned tightly, so that he was un- able to render the Deputy Marsha! any assistance; he had known Irving fourteen or fifteen years and | could not be mistaken as to his appearance; Irving | Was not present at the row; if be was witness would | have seen him, % To lur. Plerrepont— Was exansined before the Mar. shal aud gave the same statement now given; did ail he could to rescue the injured man; he did not | refuse to go to his aid and bo one asked him if he | Wanted (o see the man murdered; witness dtd not reply to such @ remark that neither he not the Mar- shal should bave gone among such a crowd. At this stage of the proceedings the Court ad- Journed unul eleven o'clock this moraing. KIDYAPPING EXTRAORDINARY. A Dying Consumptive Betrayed—A Widow aud Orphan Victimized. + Justice Buckley was detained in his well warmed but wretchedly ventilated apartment, wherein he hoids court, in the basement of the Brooklyn City Hall, beyond the usnal hour of adjournment yester- day afternoon. The occasion was the arraignment of Patrolman Lyons, of the New York police force, upon charge of kidnapping Michael Reyno:ds from his dwelling house, No. 1,639 Bergen street, Brook- lyn. The particulars of this smgular case were pubs Ushed in the proceedings which took piace before the Police Commissioners in New York, The accused was charged with kidnapping Mr. Reynolds from bis home while he was su(fering trom con- sumption, fur the purpose of getting Ins money, Reynolds was removed to the hospital, where he died shorty after. The widow of deceased appeared before Justice Buckley, on the 6th inst., and made aMdayiis implicating a lawyer, jastice of the peace and Officer Lyons, Mrs, Etlzabeth Reynolds swears tbat on tne 17in Novepiber, 1571, Thomas Ly ous, po- liceman; Join Lynch, Justice of the Peuce, and Lewis Goldsmith, Join = MeArdle, — Edward Hare and Jonu Dimon, wilfully, falsely and mauiciousiy conspired together to procure tue arrest and imprisonment of Elizabeth K and Rosaunah, her daughter. In pursuance of such conspiracy, she alleges, John Lynch, acting as justice of the peace, issued a warrant on an affidavit drawn by Lewis Goldsmith, and purporting to have been sworn to by Thomas Lyons, charging the de- ponent (Clizabheth Reynolds) and daughter with as- faulting and beating Michael Keynolds, deceased, She believes that ail these parties procured her ar: rest and derention for the purpose of removing Michael Reynolds from his home, where he was lying dangerously i, and conveyed him to the city of New York against the will of deponent, where said Keynoids since died. In New York Reynolds was induced to sign a mortgage for $2,500 on his house and lot Bergen street, which 18 Worth only $1 mortgage was dated November which the at Was dated November 28. Aiter these papers bad been signed vy the deceased they put him in the hospitat and then took the will to the Surrogate's office, Where Dinond made an amdavit that he ¥ Not long before his death Reynolds will in favor o) his wile and daughter, leav- ing n all Lis property. dastice Lypch, Dimon, MeArdie and Goldsmith Were taken into castody las night and neld to an- swer. Justice Buckley set down the case for ex- amination ob Monday neat The will, used also drew up for the deceased, and the ACTORS ON A SPREE, ns Rovbed of a Gold Watch and Chain. Yesterday morning, about two o'clock, OMecer Mulligan, of the Twenty-first precinct, was cailed Into the restaurant attached to Glass Hall, in Thirty- fourth street. There he found @ number of the 63 of the new theatre, In the same bullding, in intoxication and uproarious days he was canvassing, except Ou election morn- | muirth, They were taken to the Twenty-frst pre- ng, it being chilly, he pal on a heavier coat. | cet station house, where they spent the Jroas-examined -1 ati a remainder of the might, and were yesterday out twenty-six years of age; Mr. Irving avout Ufty-tive years of age; | have known lim by eyesight about three or iow ye gud personally Qvout a year; [have never received any favor irom jim, directiy or indirectiy, though I Uiluk | Would lave recetved it trad J assed for it; when | went down to Mr. Irving's fouse on the eve of election Mr. Irving bad on @ dark coat and dark pants; J caunot state the color of his vest; we rlopped at ghegan’s to get a drink; there vetn, 8 crowd im the place Irving Said hey would be jeal- ous if he did not treat them; whou we left Geogne- ane hegan did not follow us eu; We Were 9h the Waik when the row Whe going were Were woyul WWonty-five persoly Jo big arrmigaed ai tne Yorkville Potice Court, before Justice Coulter, Tuere they gave their names as F. Henry, Fanny henry, L. G. Kuox, Annie Hine deil and Bs Baiawin, Afier ariving ai the Court Miss Hindell Aigcovered that she had lost a gold watch gnd cham, which she suspected Knox, Fanny evry anak. genre of having stolen, and niade her aMidavil to ihis effect belore Justice Conl- ter, The only one, however, Who was heid on the charge Was Mra, Henry who was committed, in d {Hult of $2,000 bail, for examination. The o.ners, ma anu female, were allowed to goon their parole unlit tls morning, when (We eCuarge of witgxtcation against thom wii De examined into, e. This enables the case tobe taken to the Court of Appeals without delay. ° COUNT CF OYER ARD TERMINES, The tirand Jury Warmed Up on the Subject ef Cold Prisons. Before Judge Ingraham. This Court met yesterday. The only business transacted was charging the Grand Jury. ‘The Judge took for his iext “Cold Prisons,” the subject being called out, of course, by the regent deatn from cold at the Jefferson Market Prison, His charge was as follows:— There is one subject to which I propose to call your attentton. I refer to the state and condition of the prisons and jails {in thiscity. If what 1 have seen in the papers Within the last few days be true, there, is @ state of things existing In some of them which requires not only exammation, butsomething more, If it be true, as states in some of the papers, that 1a some Of these prisons persons arrested are exposed to suffering from ihe weatier to such an extent as to cause death, the offence may be & much moxe serious one to the parties guilty of it than at first it may seem, I recommend you, gentlemen, to devote a portion of yonr time to the examination of these places; the prisons connected with the police stations espectaily are worthy Of notice, Whe parties who are put in these are generally of the poorest class, and they are taken at atime, during the winter especially, when they nave but little means of protection against suffering from the weather. Aithongh they may be criminal, although titey may be deserving of punishmect for the crimes they commit, yet there 18 no justice and no reason for piacing them in a condilion in which thei Hves are in danger, and they are exposed to anoiher degree of suffering and another kind of suffering trom that which the law provides, SUPERIOR COUNT—SPZCIAL TEAM. Alimony in the Burrows Divorce Sui Before Judge MeCuno. Jane N, Burrows vs. Thomas Burrows,—The story Of this case. a lengthy aud somewhat romantic one, was published in full at the institution of the Suit, Which is for divorce, It will be remembered that the platutif? was the daugnter of weaitny parents In Ireland, by whom she was carefully and elegantly bronght up; that the defendant, a young carpenter, sent by his employer to do some work on her father’s house, there first met her; that au acquaintance began between them which ripened mto ardent love on both sides; that the “stern partents” of the plaintii? became acquaintea with ine fact and strove to break off the intimacy: that that Jove that jiaughs at locksmiths got the best of the “parient that they came to this country; that they were married here; that she sup- ported him througn her facile accomplishments ull ne was able to get work; that he finally ‘ot work and getting higher up the ladder of jabor became uinider and accumulated houses and lots; that Sor over twenty years they lived peace- Juliy and happily together watil the summer of 1869, When she and an adopted daughter went to Earope to spend the summer in travel; that on their return she found him, asjshe alleges, living with another woman and therefore brought this suit. On the auestion of alimony Judge McCunn bas given an elaborate opinion, awarding her $3,000 a year ali- mony, the same payable weekly, 7 Peravian Gunboat Suit. Antonio Millon va, John Graham.—The motion fora new trial in this case was dismissed, with costs, ‘This will be remembered as the suit for some five hundred thousand dollars for aliegea fail- pre to nifl a contract in regard to furnishing gun- boats tor We Peruvian government, Decisions, » John Comber et at,—Case James 8, Brown gettied. John MoClew vs. Wiliam Hk Puine,—Motion for new (rial Cisinissed, By Judge Freedman, 8. Recd.—Movion dismissed. O brien.—Order granied. gh vs Weed.—Same Sheri vs, Howor Mire lisuvance Same. Sarae vs, Republic Same. Parvot ws. Katekerbooker Ic dismissed, With $10 costs. FArSONS ve, Parsons, slom Miichel SChV OCU G6 SUPERIOR COURT—TRIAL TERM—PANT |, A Stoerage Passenger und a Valuable Trunk. Before Jadge Monel. Margaret Brown vs, Lwerpool and Creat West pri Seansnip Company. The piaintitt, m Octover, 1807, came over In the steamer Mauhattan, vetong- ing to the defondPnts' line. She says ene brought four trons, only three of which Were de ivered to ber on the arrbvai of Wie pLeamen, elourth aye, company we Disurance Company ¢ Company,—Motion See memoranda of deci toire—the tune of $500 for failure to {ulfl a con-. for which a check was given her marked ‘Caste Gar- den, 2,345,” according to her statement contained gold com, 'a gold ‘waten, jewelry aud other articles Of the aggregate value of $003 25, she evidence ihowed that tne plaintiff came as a steerage passen- ger and that her hnsband worked his pass itis set forth for the defence that the plaintif’s trank 1s stl at Castle Garden, or rather canvas covered box, thongh the check has been lost, but the platn- usr denies that it tghers, The Judge charged that the company wae still responsible for the baggnge after it passed tnto the bands ok the Commissioners of Emigration, but lett tt to the jury to dectae whetner the money and other articles ailezed to be im the trunk were such a8 might belong to a person in the cireumstauces of she plainud. The jury brought in a sealed verdict SUPERIOR COURT—TRIAL TERM—PART 2. Penalty of Making Love ov Shipboard. Before Judge Spencer. Lizzie Blackburn vs, Thomas Horion,—The platn- ‘Ut brought sult against the defendant for preach of promise of marriage, and set down $2,500 as re- quisite to compensate her injured feelings, ‘ihe parties became acquainted with h other In 1869, while coming from Engiand to this country on the steamer Samaria, A speedy courts! followed, nfl before the steamer sighted Sandy Hook an en- gagement of matringe was entered into. Shortly after landing the defendant felt disposed to back down from the marital contract, and wrote a letter to this effect to plamtiirs brother-in-law. It tells @ good deal in very bad polling, as, for IMstance, ing that was the most mene and desitfiliist rech that hever wolked the harth.’’ Tho great poluts of objection to her, as shown tn the letter, were her temper and lack of industry, or as he puts it, “1 found her tem- por Would not suit me, and I do not think she is so endustrus as I should like her to bee.”’ The jury, alter listening to the maiden’s “plain, mnvarnisned tale” and the other testimony offered did not think him juslified in his failure to fulfil his promise of mitrriage, and brought in a verdtet Tor $750 sor the Plana, MARINE COURT—PART I. Action for Alleged Breac! Before Judge Alker, Meyer vs, Goodkind etal.—The plaintiff, in May, 1869, entered into a written contract with defend ants to act as chemist of their cotton seed oll refin- ing works in this clty for two yeara, with the pro- vision that in case they suspended that business he wouid work for them at any “gentlemanly occupa. tion,” Inthe summer of 1870 they did suspend and requested plaintiff to superintend their guano factory, on Barren Island. Plainttf states that he visited the place, but 10 consequence of the loath- some sinell proceeding from the bodies of tne dead animals, offal and decaying fish there collected for the purposes of the factories, he was made’ ex- tremely sick and was obliged to retreat, and thereupon refused to enter upon such work, Some of hist friends who attempted to visit the island, but were unable to land by rea- son Oo! the odors, testiied to the same staie of facts. Defendunts’ evidence was principaily directed to proving the occupation to be “entle- manly,” one of them intimatmg that he considered himselfa gentleman and did pot disdain the ser- vice. The employes generally found it to be a ver, mice place, admitting that there was some sivell, put not beyond their powers of endurance, and not equal to some of our New York oaors. One of th was asked Wf the New York sinells did not m Contract. tained the , and then ran Donohue Che a oe Ba re nem, owing he saw Fretile in the vicinity, folowed him for some time and caused his ‘The complainant, in “answer to the prisoner's counsel, admitted that he had been drinking. For the defence Frettie, his mother and Drew—-the co-defendant—swore to an alibi, Drew satd Fretile was not with him, and hi mother said her son attended night school regu- larly, Qud was in bed at the time the robbery 0c enren. at she Feueanny admitied that he served rison three years ago. The jury convicted iroitte, and the Recorder sen- tenced him to the State Prison for twenty yeare, His Honor stated to Mr. Kinvzi that if he could produce testimony to show t! eule was at the night school the evening of te robbery he would grant a new trial. LARCENIES AND BURGLARIES. Patrick Dwyer and James Divine were tried and convicted of larceny trom the person in stealing, on the 1gt. of this month, a gold watch valued at $200 from Joseph Ochs, in the saloon 632 Broadway. As they were known to the authorities as professional thieves the Recorder imposed the highest penalty he coud impose, which was five years eacli in the State Prison, James Clark and Thomas Soper (youths) pleaded guilty to an attempt at burglary an the third degree, the indictment alleging that on tne dist of October the stable of John Adair, corner of Fifteenth street and Eleventh avenue, was broken into and $60 worth of property taken. They were sent to the House of Refuge. George Ray and Francis Sinith were tried upon & charge Of robbing James Welsh of a silver watch on the 22d of November, but the complainant stated that-he Was. so drunk at the time he Jost his watch that he could not identify the accused. His Honor directed the jury vo reuder a verdict of not ty. Anton Ferraerls, against whom was another in- Gictment for burglary, pleaded gullly to an attempt at burglary in the second degree, On the 13th of November he was caughi picking the lock the house of andrew Kenue‘ty, No, 564 Third avenue, and when arrested skeleton keys were found in his possession, The Recorder sent the prisoner to Sing Sing Prison for five years, SOUAT CALENDARS—THI3 DAY. SUPREME Courr—Cuamugns--Lell by Judge Car- 4020,—N08. 8, 51, 55, 68, 69, 70, 7: Sy, 97, 106, 115, 123, 125, 126, 127, 128, 132, 183. Call 136, SUPREME CouRT—SpxciaL TeRM—Held by anaes » 31, Barnard.—Nos. 103, 104, 114, 115, 116, 147, 118, 1 Toot Lou, 135) 136 191 Los) 140g L4H; 140) 148) 1 148, 2, 124, 135, 38, 140, 1415 142 5 Ade, 147, 148, peat Suprewe Courr—Crrcuir—Part 1—Held by Judge Van Brant.—Nos, 70134, 1215, 12414, 1311, 1993, 1415, 1423, 1604, 1789, 1815, 1921, 1925, 1969, 2029, 2063, 2085, 2113, 2119, 2141, 2147, 2157, 2197, 2201, 2217, 2243, Part 2—feld hy Judge Brady.— Nos, 686, 763, 1044, 1100, 158634, 1402, 18-4, 1412, 1546}, 2140, 2.10, 2222, 223804, 227544, 2280, 2204, 2394, 2404, 2454, 06, 2508, 25103, 2526 5s, 2540, RIOR COURT—TRIAL TeRM—Part 1—Held by Judge Monell,—Nos, 585, 1105, 1077, 1205, 1215, 1187, 663, 797, 1221, 1225, 1081, 1281, 1245, 1247, Part 2— Adjourned tll December 11. Cour? or ComMoN PLEas—GENERAL TERM—Held by Judges Daly, Rovinson and Loew.—Nos. 6315, 1617, 35, 43, 57, 74, 85, 97. Coort OF ComMON PLEAS—TRIAL TERM—Part 1— Reid by Judge J. F. Daly, —Nos. 345, 1103, 393, 1027, 727, 940, O47, 1186, 1801, 876, 1028, 68, 192, 514, 332, 408, 46734, 1130, 772, 751, 772, 998, 1043, 1084, Marine Covurr—TriaL Tera—Part 1- Held by Judge Alker.—Nos. $273, 7100, 7054, 7106, 7652, 7407, him sick after returning Irom the Island, to which he answered “Yes.” The same witness, Im testily- ing to the accommodations, said, to be sure, there Was no opera house, but there was @ bar, av which capital Hquors ‘Were dispensed, and wiich was well patronized, Decision reservea. The Condition of the Marine Cours Ke ‘The business of the Marine Court Is gi tarded in consequence o!—not the miserable—but the absolute want of any accommodation whatever for the Judges to hold court. The calendars of the weveral courts are loaded down with cases awatting trial, and although jadges, counsel, jitigants and Witnesses are in daily attendasce anxious for the disposal Of business, it 18 actually impossible to proceed therewith. The parties most interested concede the dimMculty under which the Judges labor, and, though with great sacrifices of tame, neglect of vheir proper bus.ness, and laboring under the natural anxiety for a settiement of thelr litigations, they recognize the lupossioility of holding court in this severe weather in rooms as Irgu as we arctic zone. Belore tue Tammany troubles began the attention of the “powers” that then were was cal.ed to this subject and some lmprovements were initiated. ‘These have beea leit undone, and she Conseqnence is that the present condition of that poruon of the building allotted to the business of the Court 1s worse had it was at first, The coarse matting which icimerly did tne duty of carpets was taken off the floors aud never subsututed or re- biaced. The heating apparatus, formerly in every respect Gelective, Was removed with the design of improving thereon, which work Was also ie(t incompiece, aud now it is as much as one’s life is worth to remove hat or overcoat in the presence of Justice. The Judges are justly mdignant with this state of things—not only as tending to helplessly overcrowd the calendars, which, under the circum- stances, they cannot clear off, but as it affects their | own health, They have ail more or less sufered jrom exposure arising Irom their utter negiect of proper accommodations in the Court, aud the con- vaiescent of yesterday has, out of his turn, todo duty for the invatid of 9-day. It 18 imperative on those whose province itis to attend to these mat- ters to see that the interests of the public, who so largely appeal to the jurisdiction of the Marine Court, shail not be so completely ignored as to prin the business of the Court toa more complete dead- Jock (han ii has already arrived at COURT OF GENERAL SESSIONS. Two Daring Highway Robbers Sent to the State Prison for T ty Years Eacs by Recorder Hackett—Burglars und Thieves Sentenced to Sing Sing. Before Recorder Hackett. Yesterday His Honor the Recorder took his seat upon the bench and will preside durmg the re- mainder of the term. SENTENCED. Charles Williams. who was jointly charged with burglariously entering the premises of Abraham Trier, 151 Rivington street, on the 15th of Novem- ber, when $200 worth of cloth wag stolen, pleaded guilty toan attempt at burglary im the third aegree and was sent to the State Prison for two years and #ix months, ROBBERY IN THE FIRST DEGRER—SENTENCE, William Thompson and Michael GriMn were charged with rovvery in the first degree. The main witness for the prosecution, Dennis Meany, an oid man, being sworn and examined, testifled that on the evening of the i2th of November, between eight and nine o’ciock, aud as he was returning home from Filty-first street, he was met at the cor- ner of Market and Hamilton streets by four young men; Thompson seized him by the throat, pulled his knife out and made an attempt to cut his throat; another one, whom he did nos see, canght him by the neck from behind, and while both were trying to choke him, the pris- oner Griffin put his hand into the pocket of his (Meany’s) pautaloons aud to @ pocketbook containing $40; Meany halloocu “Water,” but re- ceived no answer; he thea went to the Seventh ward station house and gave a description of Thompson, Whom he knew very well ior the last seven years; le also saw Grifin often in company | with Thompson, so that he could not possibly be | mistaken in identifying mM as the parties who had assaulted and rovbed him. ‘This happened on a Sunday mgit, and the prisoners were arrested upon the following ‘Tuesday. Upon Mis cYoss-examimation the com- plainant said that he only took one glass of puncn the evening of the occurrence; tbat Thompson's sister caine to him and said that were it not for the Tact that her husvand’s business was slack she would give him (the complainant) some money If he would “pardon”? Thompson, Whereupon he (Meaby) replied Luat he could wot expect avy Money from a | robuer. Onicer English testified that he arrested Thomp- son at 122 Onerry sireet, on Tuesday evenmg; he looked very much excited, and before the oficer toist him what he Wagted he sald, “1 am collared now.” ‘That was the case for the people, Michael Grim went oa the stand and said ne lived in Cherry street; Was arrested once Jor dis- orderly conduct; used to work at a cracker bakery in Grand street, but had been out of employment since October; Was sixteen years old; had novuing to do with the robbery and had nov been with Thompson since the jast election, although he kaew him for six years. The prisoner Thompson was also sworn 1 behalf and said tnat he did not see the con wat night aud kuew nothing of the rovver. knew that Meany lived in that street: a spice mill in Duane street, but bad been out of ‘work for the last six weeks, Thompson admitted that be had beea arrested twice and left the Pent- Tentiary four or five months since. & ihe jury rendered @ verdict of guilty without leaving their seats. The Recorder, In sentencing Thompson, said that he Jearned from the police officer that he was a bad character, aud that the very severe sentence he was out to Impose Was hot so much a penalty lor the crime he had committed as an example to the men in this community who perpetrated highway rob. beret Such offences were very common at the present time. Thompson wi entenced to Impris. onment in the State Prison for the period of twenty years. GriMn, in conaequence of his youth, was went to the Penitentiary for five years, ANOTHER HIGUWAYMAN SENSRNCED TO TWENTY YEARS. John Fretile, who was jointly@indicted with Thomas Drew, Charged with assaulting and robbing Bernard Donohue on the might of the 23d of Novem- ber, at the corner of Albany and Washington streeis, and stealing $36 In greenvacks, Was tried and found | of the elevator they sued ror the guilty. The complainant stated that he wos going home to bis lodgings Im Washington street, about ten o'clock at night, when he wae attacked by three youths and held by me throat, and after he way robhod (wo of Kiem ran away, bot Pretiie remained Suef banded buy his tebaegy box, Walch con 7405, 7469, 7476, 7832, $211, 7417, 7481, 7482. Part 2—Held by Judge Shea.—Nos, §109, 7179, 7465, 7461 7470, 7471, 7673, 7474, 7476, 7477, TATS, TATY, 7480, 7048, Part 3—Held by Judge Joachimsen.—Nog 8200, 8267, 8269, $243, 8272, 274. BROOKLYN COURTS. UNITED STATES DISTRICT COURT—iN BANKAUPTCY. ‘ The Brooklyn Market Litigation, Beiore Judge Benedict. The assignee in the bankruptcy case of Ernest Saceht, owner of the Brooklyn Market, applied to Judge Benedict for an injunction to restrain Gus- lavus Sacchi from further proceedings, which have been instituted by him in a State Court co foreclose & mortgage of $30,000 on the property which is {on the possession of the ag signee as part of the bankrupl’s estate. Gustavus Sacchi is the father of Ernest. ‘The assignee claimed that the mortgage 13 ‘a fraud upon the creditors; that Ernest was insolvent when it was given, aud that it was for a sum of $16,000 in excess of the amount he owed his father. Fudge Benedict decided to grant ihe Injunciton, to be extended until the case 1s decided in Court, ‘The case 1s important as aifecting proceedings m cases of foreclosure in the stale cuurts in which bankrupts ure parties, UNITED STATES DISTRICT covRT—in ADMIRALTY, A Collision Case—Decision by Judge Benedict. The Julia A, Tate vs, The Schooner Margaretta, c., and James Harold rg, The Same.—The evidence Jails to prove the excase set up on the part of the schooner Margaretta for a failure to éeé and avold the Julia A. Tate. On the contrary, I am satisfied that the cause of the collision was the omission to keep a prover lookout on board the Margaretta. A watchful lookout would bave seen the Julia A, Tate much sooner than she was seen by tnos on the Margaretta, and there would then havi been no diMiculty, 1m avoiding her, as was the duty of the Margaretta, she going free, and the Julia A, Tate being close-hauled. The libel must, therefore, be dismissed with costs in the action brought by James Harold, and in- the action brought by the Julia A. Tate there must be a decree in favor of the libellant, with a reference to axcer- tain the amount of the damages, SUPREME COURT—CIRCUIT. Heavy Verdict Aguinat Insurance Compauies. Belore Judge Gilbert. The New York Floating Elevator Company vs, The Astor and other Fire Insurance Companices.— This case, which has already been reported in the HERALD, has been on trial for nearly a week, The suit was brought to recever about $46,000. The elevator had been insured in fourteen companies, all of which were defendants in the action, Upon its destruction by fire the plaintiff and these companies entered into a contract by which the elevator was to be reconstructed as it haa been, The plamtuf as- serted that the contract had not been fulfilled, and that they had been compelled te tear down the work done under the contract and re uild for tnem- selves, For tiis work and tor this delay in the use ove amount. raict in favor of ‘The jury yesterday rendered a plautils for $15,000, BROOKLYN COURT CALENDAR. THE CrTY COURT.—-Nos, 233, 33, 34, 191, 116, 37, 4: 45, 48, 7, 2, 257, 5, 87, 99, 113, 122, 215, 42 262, 2 18, 274, 275. Criminal Part—Alleged ele lion fraud cases, COURT OF APPEALS. ALBANY, N. Y., Dec. 7, 1871, ‘The following is the Cou! day for December 8:—Nos. 399, 431, ~ of Appeals day calen- ) 324, 874, 441, 442, 41, THE DEATH OF MR. NEWKIRK. Coroner Keenan yesterday investigated the case of Me, Anson P, Newkirk, the lawyer, who died in Jefferson Market Prison, where he had been com- mitted on a charge of larceny, as aiready reported in the HERALD. James Lindon, keeper of the prison, deposed that deceased was committed on the 4th Inst. by Justice Cox; deceased was under the influence of liquor, Abraham Clearman, another of the prison keep. ers, tesiified that his attention was attracted to dg- sed by his being taken witn a fit about twelve o'clock at bight; gave him some medicine, and re- mained With him till be appeared to be over the fit; at about six o'clock the man onine tier with New. kirk reported that he was dead, Wooster Beach, M. D., made a post-mortem exanunation on the body and found it well nourished; there were two abrasions on the fore ad and one or two ¢ oh leg: no other external marks of violence were «discovered, On opening the body the brain was found normal, with the excepuion Of @ lite congestion; the iiver was en- larged, weighing nearly six pounvis; kidneys slightly granular. Death, in the Doctor's opinion, was from alcoholisni, and such was the verdict of the ary. ; Deceased was about forty years of ao, a native of Iadtana, The mvestigauion showed that the ramor which gained circulation, that deceased had been Jrozen to death mm the prison, was without foun. adatom. THE NATIONAL PENSIONERS. New York, Dec, 7, 187. To vH@ Epiror oF THR WRRALD:— Yesterday, at ten A, M., by oraers from the Pen- sion Office at Washingion, all applicants for pen+ sions had to report at the Treasury Building tn thts city for examination by the Board of Surgeons ap- pointed for that purpose, Some thirty applicants were (here from ten A, M. to three P, M. and no surgeon appeared, Some of these men were from tue country, sick, ragged and hungry. Why 1s it that we who served the country tn its hour of peril are treated as if we were a lot of convicts or paupers? God knows we are paupers as far as poverty goes, but’ what made ussoy If we'd stayed at home,and exclaimed With the rest, ‘Why don't they move on to Rich: mond?’ we would nos to-day have to sniffer witli te pain of our old wounds or the more bitter feel- Ing that we are 30d Op servants of this great aud rich country; are very bad beggars, and not worthy the consideration that is sown Lo a jail bird of the Worst type. By pablisning Ua, Mr, hditor, you may do much good to the piiad, the lame and ‘the have who al cing ag atavor for wat considera- tion wich all other GuUZens as a right, governments concede to ite “ONE OF THE REMNANTA EPISCOPAL METHODISTS Great State Convention at Syracuse. God the Sovereign Owner of All Pr $68,600 Raised Towards Endowing the Sy. racuse University—Definition of Their Principles—Denunoiation of Poli- tical Corruption and Venders of Spiritous Liquors, SYRACUSE, Dec, 7, 18M. In the afternoon session of the Methodist State, Convention yesterday the time was mostly devoted to discussing the subject of property in relation to the Christian life and the aggressive powers of the Church. An able address was delivered on the subs ject by Rev, J. T. Peck, D. D., of the Syracuse Unie versity, who was followed by Rev. B. J, Ives and other, Resolutions were adopted acknowledging God ag tho sovereign proprietor of all property, denounc- ing scliishness in the acquisition of wealth, and urging liberal almsgiving. In the evening a very able address on the ideal university was delivered by the Rev. Dr. Went- worth, of Butialo, who took advanced ground on the subject, giving some new tdeas on she ob» jects and .aims of university education, At the close of his address the subject of the Syracuse University was introduced by the Rev. Dr. Lore, who offered resolutions im favor of ratsing an additional $500,000 for the further endow- ment of that University, The resolutions were unanimously adopted. Subscriptions weré called for and in a Jew moments $68,000 were raised, when the Convention adjourned unt nine o'clock to-day. MORNING SESSION, Thie morning a resolution favoring a constita- tional amendment to hold vendors of intoxicatin liquors and their property responsible for the evil: resulting therefrom was adopted. Areport on Methodism, its condition and growth’ inthe State, was made by Dr. Hubbard, of Roches-. ter. It was heid to be in the line of evangelical and apostolic light and life. The report was discussed’ by Revs, Queal, Reddy, North and others, Resolutions were adopted to the following effecti— “That the mission of Methodism was to this world, against ali unrighteousness and ungodlinesa, of men Who sympathize with all that promotes the welfare of man} 'y that Methodism: should employ all whiie we eve our church edifices, in their capac-; ity, convenience and style of architecture, should! be fairiy represented, in the ability oR the Church and the culture of the age art end wethetica, yet we have need to beware that we do not compromise our pI nan sacrifice Christian propriety to worldly show; that are turn to primitive Methodistic fe in cone gregational Singing ig an indispensable conde uon of the growth and evangelical powerjof Method. ism; advocating the duty of conserving the mise siouary character of the Church and the expediency of a bishop, who should reside in Central New York; the duty of extemporaueous preaching and ol Christian union and co-operation With other evans gelical churches,” Also authorizt the appoint. ment of a committee to inaugurate legislative en actment regulating the tenure of Uhurch and pare souage property in harmopy with the Methodisi digs elpline. AT THE AFPERNOON SESSION the subject for discussion was political reform, po- litical corruption and the relation of Christian citi- zens to party control. Fapers on the subject were read by the Rev. Dr, Goodwin, of Rushville; Rev. Dr. Taylor, of New York, and Rey. Dr. Brown, Rochester, taking strong ground im favor of poultic: reform, and urging the Cuurch to do its whole dui In bringing it about. The iollowing resolutions were unanimously. adopted:— ) Resolved, That the recent alarming developments of po- Mtical corruption in our commonweaith, and in our nationy clearly show that the liberties ot this ‘country are not safe, when th roment 18 fn the hands of men who mace party politics und oflice a mercenary trade. Resolved, That we hola itto be our duty, as Christian citi- zens, to labor tn caucuses and conventions to prevent as aomination of bad gandidates, and to secure that of goo and capable candidates for oflice, ag weil as to endeavor, y silhoncrable means, to secure the frufte of such labors the pells. olved, That we recognize, with gratitude to the God Reso of Nations, His grand providence under which true Amer!~ can patriots in our Co tive of ereed! OF political party, ba i client ‘arisen in mnbilg ‘conspirators the’ eufely of the republic; and the franchl from. this struggle wrested people bya violence and villany unequalled in the apnale of puullg and official crime, Resolved, That this contest must be pushed to full and final victory, and we hold all Christian citizens, who suiliciently numerous to save this free nation from ruin, responsible to God and man for the completion of the work so auspiciously begun, } A resolution was adopted petitioning the Legsla. ture to strengthen the tenure by which Church and pastoral property in the State is held. Another State Convention was ordered to meet two years hence. Aresolution looking tosvards re-establishing the unity of the Churca, North and South, was offered, and jsueeered to the Business Committee to be rey rte. eiomra, Queal, Wentworth, Olin, Andrews, Stephenson, Woolet and Tallman were appointed a committee to nominate a State Comnuttee. ‘rhe foliowing resolutions were introduced by Pro- fesaoz Flack, and adopted:. Resolved, That the granting of a license, or the signing of apetition lor a license, or voting for a license, by a member of our Church, is a violation of the spirit and teachings of the general rules which cannot be tolerated, Resolved, That we recommend. all our religious papers to have temperance departments, and ail friends of temperance to contribute to such departwments, Resolved, That we earnestly recommend all the pastors of our churenes to organize, in each charge, a temperance 80- clity of the members of their congregations and Sunday schools. Reso! That the Chair appoint a committe of five mem- ver’of {his Convention, to meer wits otuer commusittees of the various temperance orgamzations, for the purpose of carry+ Ing ont the polley: indicated in the foregoing rebolution. ure for a la he ofth resolution petitioned the | Leg which shall render vendors of spirituous se Yee liable for damages arising therefrom to persons or property. A spirited debate followed the introduction of the flith or last resolution, it being considered in con flict with one alrtady adopted asking an amend- ment to the constitution for the same purpose, Before it was passed upon the Convention tvok a recess till evening. PRESENTATION AT NEWBUARG. A Portrait of Brigadier General Beikonp for Deposit In Washington’s Headquarters. On Tuesday evening last Colonel T, B, Thorpe, the well-known litteraieur and soidier, of New York, preseated to the city of Newburg, for deposit in Washington’s Headquarters in that city, a finely painted and singularly life-like portrait of the late Brigudier General William G. Belknap, @ native and long resident of Newburg, and father of the present Secretary of War, Major General Wuliam Ww Belknap. ‘ The presentation took place at the regular meet- ing of the Common Council of Newburg. On motion ol Alderman James T. Lawson the order of business ‘Was suspended in order to give place to the exer- cises of presentation, Colonel Thorpe addressed the Common Counci at some iength, recallimg the honorable Fecord made by (heii former towasman in the War of 1612, the Mexican War and various indian wars, The lave General Belknap was vorn tu 1194, entered the myli- tary service of his country at the early age of eighteen, and served with credit all through the second war with England, His conduct in the baitie at Fort erie, August 15, 1514, elicited the following: commendation from General Ripley: , The manner in which Lieutenant Belknap, of the Twenty. thin, ‘retired with hie picket grart. belore. the enemy column excites my particular commendation. He gave order threo times to {iro as he was retreating to the camp, hime! bringing up the rear, In this manuer bo kept the light ade Fanco of the enemy in check for a distance of two or three hundred yarda, 1 have to regret that when entering our nnew after his troops the enemy pushed ao close upon bin (bat ho received a severe wound With the bayoust. In the war with Mexico he took a prominent part, in the batties of Palo Alto and Resaca de la Palm: and was subsequently promored to the rank Heutevant colonel and brevetied Brigadier General. The cllizens of Newburg, ata pablic meets hel on the 2ith of June, 1849, voted a landsome swore to him as & mark of theit appreciation of his distin- guished services, To these tacts in the life of Gen~ eral Belknap the speaker referred, and, In closing his remarks, uttered an eloquent utbute to the Memory and viriues of his deceased frend aud brotner soldier in the Mexican war, \ A brief response was made by Mayor W. W. car- 600 in accepting the gilt on behalf of the city, ant Mr. Joel ‘Tf. Headicy, the historian, made an ad- dress on behalf of the ciuzons present, The following iy yh es aud resolution werg Unanimously adopted by tie Common Council:— + Whereas Colonel Thorpe bas presented to #1 burg so valuable @ present asthe portrait of ro him that the olty of New jenerai Belk. Rap, we can. as jm uro shall cl Wau feadqiarters, whore we h by the! xan ! tons set by Colonel Thorpe that the oll! hero will be sur- rounde! by many more portraits u if our country ; therefore, 0° Oe: Pe oes pived, ‘Tat thi 1 y 7 AS hat this Board tender to Colonel Thorpe a von, General Belknap died near Fort Wasbita, in the Chickasaw Nation, November 10, 1861, of ‘diseasa contracted during tke campaign i Mexico. Frank B, Metcalf, formerly postmaster at Ellis: burg, Jeflerson,coanty, XN. Yo uke been Kenivencetl to fen yoars’ hard javor at Auburn for ayeiracnug, money Mow tive registeroa lebiors ry varieties of gifts and talents; that - \ =