The New York Herald Newspaper, December 27, 1871, Page 6

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NEW beh ME ‘YORK HERALD, WEDNESDAY, DECEMBER 27, 1872. 6 h eT RRT i then eats Bish Ue chief pomnts of the ‘Examination of His Bondsmen Pre; liminary to Justification. Searching Examination as to Their Property~ Imjortant Light on the Subject of — Saxea and Assessments. ‘ ‘Wd extension of twenty days granted Wiliam M. weed jor the justificanon of the $1,000,000 ball weynired by Juage Learned expired yemerday. It ‘wilt be rememperead that the parties presenting “hemselves as his bondsmea ‘were Jay Gould, Ber- ward Kelly, Benjamin P. Fairchild, Bugh J, Hast- ‘mys, ‘Terence Farley, Charies @, @ornell, Charies Bevin and Richard M. Tweed, a compmation of moneyed gentlemen generally set down as ‘sola men,” ana thetr fnanctal status not to be qaestioned. Im the present cage, however, there 1s a disposition to teat their sondity, and what under ordinary cir- ‘cumstances Would Le only a trifling matter is likely Wo prove, 1a the present case, a thing of mo incon- Siderable magnitude, and. hedged aboat ‘with odjections ana difmcuities of certainly perplexing, if not insuperable oharacter. as for Jay Gould, he i said to have withdrawn from the matter altogether, while the Fest, With Joith umbositating and undaanlted, pro- posed, it 1s andersteod, not only to sitck, but to ‘make ap for the deficiency caused by Mr, Gould's withdrawal. Judge Cardozo, sitting in the Supreme @ourt Chambers, is the party before whom tne sure- ‘Mes appeared to justify, which they did yesterday. as 1% was unnecessary, and, in fact, unusual Ip ‘wimilar cases, for the Judge to hear all the testi- mony touching the responsibility of the gentlemen gamed as bondsmen, he simply had the bondsmen sworn before him, and after this the array of legal genilemen employed on both sides, together with @me parties specially interested, adjourned to the Speciai Term room to proceed witn the examina- tion. ‘There were only a few other gentlemen in We room, among whom were William M. Tweed, dr., avd Kichard Tweed, sons of Mr. weed. ‘The FIRST BONDSMAN BXAMINED rae Mr. Bernard Kelly. He tentitied that he nad been coo, for wany years, mainly on work connected wih the terotmand Zhoute and Tots on TI8h aereek, benght b March 30, 1688, for which he paid Mr. Kennun 40,00; ‘bad since put up a stab.e for $7,600; there was no mort- Fee os property nor any otuer incumbrance; he also roperty between 116th and liéth streets, havi root, in all thirty-elgut lots; he bought that ip Japu- ay, my, 1870, for $65,000; he had paid that in fnstalments—ail in j It never bad been put to any use; tt extended four or ‘Bundred feet along the street above high water mars, What is the tax ou this property? ASI don't know. Have you auy idea what te tax is? A, Not the Do you koow what they.are ssseese4 for? A. No, ain. No fdea on the subject ¥ A. None whatever; he s. ewed three lote on Ilbth street, near Second avenue, on grbich there was still a morigage for $1.00; for wat be gave fa trace $12,100; be gave in exchange @ brown atone house ‘which cost bim arnt ; he thought that house worth $2u,000 ; iu the trade it was putupat $16,600; he took a mor for the aiflerence ; be also owned 8 house and four lots on 116th between avenue A and First avenue; the lots were be house was # brown stone house, wih no encum- ; he had been offered #16,000 for ‘the house; coud Bot say by whom; on 118th street and avenue A he owns ‘Bive /0le—sx on the street and three on the avenue; they are Ssulunproved; there fs. house coing up ou the o-her side of the street; they cost #18,000; they were originally conveyed bumseit’ ad wife jomily; atte: wards bis. wite conveyed boterest to his son, and be conveyed to the witness; ‘cost Of thie property to him was hot more than 168,000; lat year's taxes were about 31,60); the oniy morigage oo py of if was the $1,000 he had named ; he had not paid any fax on persona! property; his rea; estaie yielded him no 1n- tome; he bad sold three lows on the corner of 117th street Bnd avenue A toa Mr, Waydel for 82,00; be paid only 000 in cash to bim. Jave you any official connection with Mr. Tweed? A, seis Tweed any interest tn the property described to yourselfy A. No, sir, inte Tweed in any way related to you oF connected 7 by marriage? a No, sir. Has any indemnity you by Mr. Tweed or ‘any other parties to go bail in this case? “A. No, sir. EXAMINATION OF MB. FAIROILD. ‘Fhe examination of this gentleman followed. ‘Are you any relation of Mr. Tweea? A. rave you any way counecied with im in Duslnene? A. e Do you bold any offesal position in tbe city or county ergernmen? A. No, @ Are youn any 9 ltabiuies or obligations on Mr. Tweed’ @coount? A. sir, @ You Mare to canneption’ Whstbved wilt! in ia bas! _ eannre se Teal estate dealer, received orjera to real estate on his account; nothing beyond Were you askea by Mr. Tweed to go bis vail? A. He sent for me on the dey of bis arrest by the Sherif, and then aked me to become one of his bondsmen, and! said l would. You own po property jointly with Mr. Tweed? A, * is ere ‘any understanding a8 to your betng ind \e img as to your bein; = lem ni- - ted for your bail? "A. Rone. whatever {we bus heen © wood Tieng of mine; and 1 euck to him in bia ‘adversiive 1G. Have you lany, Knowledge of bis placing propeny 1 fwust for boncamen } i bare Ueve°vou mot heard that such was the case? A. 1 have beard a good many things. ed WY RaL ig your property in, Tench street? A. The bouse ot No. $ euch street: the iot is between seventeen and teen feet wide and from seventy to eizhty fect weep; I have owned iLfour years: I bought it, 1 think, of Codingion, lawyer, in Wail sirect ; the deed was given to heed ) for Wwe property ; there isa mortgage of made some Improvements on the property, soning stout 68,000 or $9,000; the taxes for this year ‘not Whg-Gere the tazee op it last year? A. 1 think $106, ¢ What is the property assessed for? A. 1 don’t know; Bever made any special arrangement about the property taxed; I Lave no knowiedge as to ent @.Dou't you know that lvls asseneed for @O,0007 4, No, G, You occupy = portion of the premises? A. 1 occupy iatler Wery ti Cestenent ; the. super pert of tnetoan ing segronied for $1,800; I consider the portion I occupy 000 What other | Property 40. y00 pomess? A. 1 own a house Te lot No, 8 York street; 1 is occupied a dwelling ‘owned it ior four or Sve years: 1 bought at auction Sir $14.00 from the executors of the Suydens-ataie; Baik od 84000; ihe tas te. tr pala or ths peat Tima i mistake about the Beach street a tax on the York street was $108, apd that on iret $¢ bot know anything about the ‘York street property, bas above we morigage, ‘$8,000, 1 own a bouse and lot Sin, “ssh West, Fityeereuun ‘arent; ‘purchased toe, lot Or tve years ago" ftom an oe Peter esternon, ito bonght it 1st the. ale of the age. man esiate; 00 for — the ® morigage for $10,000 ou ine property; the ed seceat jot beew sold for $16,010; have built a bouse on it at. cost ‘ef $90,0W ; the entire property cont me 45,600, and the only morgage it that on the lot, for 91,000; the oniy wat for the present year; have Lc means of telling wwisal was tax last year or what it wil) be this year; occupy the pena oeieee as offered 88,000 for this property ni ouse and lot" No. 107, Bast Breet i think ts dimensions are 2x10, EXAMINATION TO. BE CONTINUED, The examination of Mr. Fuirchtid was here con- Oude for the present, alter which an adjournment $ook place to eleven o'clock to-morrow, when the examination of Mr. Fairchiid will be concladed. ‘The examination of the other bondsmen will thea Jollow, 4nd, judging irom the time consumed thus Jar, gives promure Of occopy!ng two or three days Te ARGUND THE CITY HELL, The Mayor's Office. Mayor Hall was at his ofMce yesterday, but only fer ashori ume. He jelt early and did pot return within the official tours, There was the uvuar Qumber of “callers upon His Honor, but they dadiec 10 Obiaw au audiGoce, And Went away deter mined W ity again. Department of Finance. At this department there was all the quietude ws Might be anticipated for ihe day after Christ- mar Day. There were a few city creditors looking for wer “little pills,” and waiting outside tue Vompirolier’s door with a devotiva worthy of a more hopefoi cauee. The police und received tne Jjast Daiance of thelr appropriation, amounting to about $16,000. Deputy Comptroiier Storrs re- eeived whe sympathy oj his frienus on the loss be hud sustained in the death of his father, In the oppomte wing of the Court House, where the law oourw gre tituated, there was a iittie Mutter among she habliues of the Court House, ovcasioned by the hearing iD Mr. Tweed's bail case. The sureties were trying to jostify, and when the Court ad. _ Beart inguirers as to ibe reanit were told that she ‘got through wae ove man and @ hail?’ Board of Aldermen. There was a short seasion ef the Foard af Alder- amen at two P.M. President Comat: with a welled whieh was wrapped in Sannel, giving him a {ain anvearance’ ater About the head, occupied the Ji wae spoediiy, Found nat eH! wre qeerum, and the bo adjourné Board of Assistant Altgemen. » The Board Of Assistant Aldermen Moet yesterday, ebO peserven whe following commanicaion in ee resolotion of inquiry adopted Deoem- ANTHRN? OF FunisO Worms, Dee. 9, 1€71. amp oF AuerUTANT AL DREMEL te an gogo) tion Of inquiry adopted December 11 Sante body, Tequesting @ report by what sutbor. enon the vi ‘now in course of Kighty tbird street Abo Noe OF te bigs. ce through the % cx Pape vo, — * fendent ren * COSI rah peeve a Oe erting Kot chee a te ye oF the unaet ry ed the pau, 8 10 be put in ceohiiee aftbout vetay. tn ie mpany boar io Ee eee Ly Grave: #uge that tne there bag “idpatr beled & new bridge ov.‘ tbe street, but it ie raised eet" wo feet above the pase Of We street, whtcb maken ra Aeon to 1201 Pameagers, and even Aceen : ‘Thie deparunent powerlees furtber in lly aulanit ser Te i oh eee “eating the above soma pps: news of but Uttle fe AAT ae Seana ted wn hie Board adjourned THOMAS Q FIELDS. Motion Before Jadge Learced, at Albany, to Vacate the Order of Arrest—Repotition of the Charges Against Him—The Legislature Charged with the Crime, Net Hielde—Dark Titate About Commolls | aw, Deo. 28, 1872. A special term of the Supreme Jourt was held this afternoon by Judge Learned toditer tbe arguments ©@ @ metton to vacate the order of arrest of Thomas G Frelds. Mr. Stratan, on behalf of the people ‘and 1D opposition to the motton, read several afiua- ‘Vita—already published—and one lately made by Mr. @. B. Conklin, stating that in addition to thirty. three per cent of the fremen’s claims which Fields svoceeded in having assigned to him, he secured a Jarther assignment of geventeen percent while a member of the Legislature, The totai amount of the claims was nearly four hunured and Mfty thou- sand dollara, 80 that Fields secured $70,000 for his services in bills through the Legisiwture and seourin: sog oo cudnt and allowance of claims. | ee length é spoke very arene nee Mr. ‘conklin's aff Le Fe gM a the arrest of Fields proceeded trom San to arene him from takmg his seat in ne. ing Leai siature, eam dented that Feifis nas been geiny et any improper action in securing bis fees, and as for the au ime, thar wae enureiy regular and pro} had acted ander — ‘authority and by direction of law. It was their they did, and it would have been a yw to have done otherwise. Jf any it was the ene mare, and for tIDgIe be) ot or the Teme le mem! tort o! LO latare cot Some 88, onsivbie for the passage of = act, He aoe, He mouad tnat Re was in:erested in nas wat the case with nearly avers: metnber wh when @ bil @ village ipany, Or whenever’ eh a man an ‘appro. peanon fon to's charitable Bocle! in passed. Mr, PROKHA ey on. banal of ye people, rose to ren, ‘and noti ticlag Mr. Beach Beach’s criticiam of the afl- its stated thal recently ed that if he ited not made cercain statements he had 10 bis affi- and secured the arrest of Connolly, that fnan ual would now be beyond the reach of tne Courts, He was then about to proceed with his argament in opposition to the motion before the Court, when Ji Learned sted an adjourn- ment until half-past ten A. was to, and the Court, at six P. M., a Journ MUSIC FOR MURPHY. Speeckes, Fireworks and Enthusiasm—A Binst for the President an Praise for the Ex-Vollecto: East Thirty-ninth street wae alive last night with the numerous friends of Mr. Thomas Murphy, late Collector of the Port, who assemble) there to the number of three thousand and over to serenade, hurrah, &c. Over three hundred genile- men, none of whom are oMce-nolders, busied themseives in the matter, and the consequence was that the great crowd that gathered in front of 88 East Ninth street comprised men dis- Unguished in commerce and politics in the city. Among these were Mr. George Opdyke, Augustus Weissman, Henry H. Haight, Conrad Gein, Uharlea A. Flammer, William Whitbeck, William Laimbeer, Jackson 8. Schultz, William Orton, Legrande B. Cannon and Abraham Lent. ‘There were two bands of music in attendance, under the direction of Carl Bergman ana D. L. Donning, and there was a beau- tiful display of treworke, The music comprised tne overture ‘Leichte Cavallerie,” a quick march composed for the occa- sion, ana dedicated by the composer, Mr. Dowling, to the “ex-Collector; yuartet from Rigoletto; waltz, “Blue Danube; ‘i Think of Thee,’ and @ march from “Tannbauser.” MR. OPDYKE’S SPEROR. After the firet piece the musicians rested on their laurels, and Mr. GEORGE OPDYKE stepped out from Mr. Murphy’s mansion, aod spoke as follows:— May FRIENDS AND FELLOW RervBLicans—It af- fords me great pleasure to see you here in such numbers this evening, to Join 1 this demonstration Of regard to our distinguished friend, the late Col- lector of the Port. Your numbers prove that you mtend the demonsiration to be emphate as itis sincere. For one J. feeithat the admirable mar- ner jn which Mr. Murphy performed the arduous duties of the high office from which he has voluntartly retired with unsullied honor, rouly. entities him to the confideuce and esteem, not merely of his personal friends, but of every friend of President Grant's admiuisiration. (Cbeers.) The story 0 ot , nis omicial career is briefy —4 wruchruity 8 Modest letter to the President his. ‘Teelgnation, and in tne emipuatic an unqualified endorsement of his omficlal con- duct contained “in the ” ries; dent's ‘hat correspondence 1s oreditable to both will 00 spare in the official records ia which Mr. Marphy may ever feel a just pride. My friends, 1 is always proper and becoming to honor those who have been faithful in the performance of public duiles, It is eapecially, 80 1D this city at the present lume, when officia: integrity and fidelity seem to have become the exception rather than I Tule. Such honor te at once the reward of the faithful and @ strong incentive 10 others to follow their worthy example. But it 18 preeminentily due to those who, like our friend, have been grossly traduccd and slandered by thelr pohtical opponents, Mr. Murphy amas vind}. cated himseif against these assauite by proving the Se Of the charges made against him, it the more perfect his vindication the more bit terly were they renewed; thus proving, what many understood from the start, tat the shaits of calumny aimed at nim were intended to beyond and weaken the national adminis- tration, whove interests be was #0 faithfully (Cheers.) I had many opportunities of Mr. Murphy’s oficial action as Collector, as I also had in the case of most of lis republican redecessors, and | buat repeat a convicuon that I Rave oited expressed before in delivering my belief that hie administration of that office has not been surpassed in ability and fidehty to the pubiic interests since the advent of the republican ove d to power. Let us then join ont and eartly id giving him his just meed of praise. Witn- out deiaining you longer 1 have now the pleasure of presenting to you the friend we nave met to know —the Hon. Thomas Murphy. (Loud cheers.) . ~ MuUkrRY then came forward and replied as Ono ws ¥ FRIENDS—With my whole heart! thank you foruhie Mark of your respect and confidence, Sou know that I am no speech maker, and you will ex- pact no speech from me. But in your gathering ere and in inis greeting to me I see not only per- sonai kindness and good feeling toward myseil, Inost pleasant and dear to me, but what I ‘valne far more, ap expression Of your approval of my general course in the grave public trust jately resigned by me. vindication Of my character from base and malignant aspersions, an assurance that you, my old and vaiued triends, in common with my oficial saperiors, bear witness to My honest enaeavors to discharge the duties of my late office in accordance with the laws of whe iand and tne bigher law of conscience @nd wood faith. Waen the President of the United biales saw fit, without solicitation in my behalf, frithout solicitation on my part, to ender that omee to me | accepted it wita tne single purpose of faith. faily performmg its duties, in the beller that py # thorough and eMicient cotiection of the immense revenues of this pori, and by a carefas enforcement of the jaws, I could be Of #ervice to the coun> try. (Oheere.) And ip the faith that Jo 80 doing I conld promote the efficiency and the wer of that republican party for wich I have £0 ng labored, and In the success and prosperity of a 1 believe the success and prosperity of the country Is involved, I resigned the truet, not because J was disturbed by the unjust assaults which | knew Must regoil upon the heads o! thelr authurs, but be cause Tvelleved the time bad coine when J might not Improperty retire from the labors and responsl- bilities Which the office imposed upon me, and be- cause by reuring at @ time When Lue popular verdict had vindicatea the course of the administration 1 wisl tw prove my determination w do all in my power to’ promote ine harmony of me republican party. (Cheers.) J have the satis. age of leaving beuind me an oficial record which as received -the full approval of the President, ac- companied by the pubite assurance of hie personal confidence in me and of his official satisfaction with my course, and this approval is doubl precious because it comes from the great mai whom tne popular voice has #0 unmistakably selected to preside over we destinies of our country for another Presidential term, (Lond cheers.) | have now the additional staction of receiving this a Kis cada tage dence, esteem and approval. 1c ghee 4 man, republican aiM% a citizen, again 1 thank jou with my whote heart. lonly regret that you, my trends. are #0 namerons thai I cannot personally greet you all. (loud cheers.) lw was quite late when tne geihe and enthneiastic \ multitude bade good mght to Mr. Murphy abd his ;Stnianle and accomplisued lod, FROBLBLE ay The cevivot the old town of Newtown 1s over one- naif of » milion Of doliark, of whch about eosin w Gue this yearn, At the meeting of the Queene County Board of Supervisors yesterday . 8 as Sonud Which st 18 thought will enabie the wos of Newtown and Long Isla fepudi aebt, The law wich divided the town provi Jor an Authenticated etatement of D4 dent to ne fy d with the Olerk of the Bi boon done whe soiowing remlution prep? authority to ie ional, of aald vow Res loot agats oleate a rr, ‘tor tbe el obli ene s? ip sited mein exteting at the titoe of alt of na ‘act (the net of reparation ), on orwhich were w! or ere any act existing at the kime of the p: nt he of not 7m relieve the taxpaye’ Pe Ne nanoWe asx {lone Isiand Guy or a pr Baran ond redued 1 Fee ver cont nesripone PRIEST VERSUS BISHOP. Important Issue Before the, Pennsylvania Courts. mee A Priest Contests a Bishop's Order of Removal— Opin:on of Judge Gamble—The Priest Vic- torious—Is the Canon Law of the Cath- otic Church Applicable. in America? WiLLiaMerorT, Pa, Dec. 25, 1871. ‘This young and thriving lumber oity, the metropo- la of Northern Pennsylvania, 18 jusi now shaking’ to tts very centre over thé religious contest belug Waged by Bishop O'Hara, of the Scranton diocese, and Rev. M. P. Stack, pastor of the Church of the Annunciation, Jocated here. In fact the attention of the wholecountry is becoming attracted to this Amportant caso, as itis the frat instance where the civil court bas been called upon to adjudicate upon the proper application of the canon law of the Roman Catholic Church. The action originated trem the following facis:— Father Stack was exercising his priestly duties over the non-German Catholics of Willlamsport, when, without the semblance of a charge ageinst bis character or alleged dereliction of pmestly duties, he received a letter from Bishop U’ Hera, for-- bidding him to longer perform the duties of priest; even vO Bay masa, an he had ciosed the church, The father of the German Catholic church at the the game time received a note, directing him to take the keys of the Church of the Annunciation ‘and hold them until! furtner orders. To bring the question to isaue, Father Stack, witn duplicate keys, opened the church and held service therein, as he was desirous of having the relation between bishop and priest fully tested—whether a man should be executed first and tried afterwards, tak- ing the precise position assumed by the Freeman's Journal some years since, He appealed to the civib law and an injunction was granved. Upon the hearing elaborate and able arguments were made by the learned counsel on both sides, in which she records of the Church were traced irom the earliest councils to the present time, The case is of great importance, as its final decision will affect the en- tire Roman Catholic Church of America. The tne uncon ts coutinned, as will be ascertained by the ae DECISION OF JUDGE Gaw No. 1, JANUARY TERM OF THR Co! PLEAS ‘or Lycoming County srrn munary injunction wanted bili, ork that he i in the ministry ef the Cathoue duly toetalied pastor of the Church of the Annunciation, composed of the non-German Catholics of Williamsport. By virtue whereof he was in the receipt and enjoyment of an annual income, with other rights and Beraaites, pertamning to sai ime From bie oflge Of pastor ofsaid church, and forbade him to exercise any pri function in ‘Williamsport, and sill conunues Probibition | under severe penalty, whereby | he deprived of his revenue, Ferpataton, mat hele pot aware of sny act dane cr auly fot undone by hich he ie justly lable to ecclesiastical censure or punish. ment; that no Accusation, hearing or trial of any such matter bas been had; that such act is unwarranted by the law of ibe Catholic Ghureh and Sontrary to the law of ‘The question involved sn this. controversy is as to the jurie- ‘asetion and authority of the Bishop so Temove the complain. ant srom his olllee as pastor of the Chureb of the Ansanele tion and to prohibit bim the exercise of any pri function in Williamsport, as ordered in bis letter of ihe bth of Novernber, and attached to the bill as “xnibit A.” 1 this act were within the juriadiction and authority of the bishop, and authorized by Catholic then the complainant would be boun Gress in the judicatories of the Church, and thie Court would Lave neither the power nor the inciination to interfere, But op as well ae the priest are subject to the laws of the land, and when elther of them, without authority, 1n- vades the rights of the oles the civil courts are bound to afford them adequate protection. ‘This ie Lot an eceleriaatical Gueation ; it Jnvolves no mat of faith, discipline or doctrine, complainant does not propose or ask a a hays supervision of any act. jdement ‘or decree of any euthorized Judioatory of of the fully dep simply aa that Peper rived, OF r) ies eS aa it moent ei ry Taw ul al Property ; and that saontien steeh ot ts 01 Vigot tat my oparbb ‘aature aa to call {07 Ins- inuanoe unill there can ey a aauteate iaventy jon of the merits of ‘he case. The gee 5 in bie.t] poet, soon preparation and in din tbe con- secrat{on of his talents, wervices Aud. tife to the Churen, re- be dre teletype an Trond to oly onde with all Tights, aigniiy and pertaicy eam fm quart coattacie., Ie ie nin ivetiboos, the sores from wabed Refs canted Yo eimolumeria, honor abd duginction, oF, fn the ‘of Mr. Juatice Fi De wired ina tro e constitute ft Rissoun, 4 Walla it is an estate Samar rs ak, tbat ae tio er Fights ‘or oe" Enownto tbe lave iui tears Ee atarily tnived rate inoe wile, the Catboic Ch abd rebsived fross her erdination and oflice, these rights are of course } uaa to the cancns and Jaws of It is conceded, I believe, that by the provisions of the canon lam, sanctioned by ihe Holy Bee, known as the lastical code of the Catholic Cource, 2 cascuical cause and a canonical form of procedure are and neces- tary, inorder to remove or deprive of hie! aria ‘® parish riest once instituted; that such de; he ger have the patare or. character of ‘aevere punishment, wale only be imposed after a trial in the manner and form abed_ in the ec! preser lesiaatical code. me is coleee ‘the plaintif’ that this code is universal in foroe and application to the Catholic Church wheresoever 2 exists in an oFganized state. That waeresgever there are duly constituted ar: hope and by ops, with defined bi Sieey and priests with established bariaben thas there general laws of the Uhureb, conferring lating the Sulbority and duties of these oflees ang thelr follow and preva ex prox vig ode are ex Sxpremly rotlbited Grom daing ‘sivuhiow com wr vo the we of the Church. (Pe Parts sree aii., ecbapter 5; Council of Trent, Shepter tion ) ‘The defendant admis that the ecclesiastical code of the Catholle Church possesses more or less direct infuence in all countries which acknowledge the authority of the Pope, but denies that these iaws are an force in this country, and strict canon Jaw, the Plenary Council ‘Bihope are adopt when sanctioned by the Hoiy See, a8 rules of Jaw and cisci- Pine for the goveromentof the Catholic Church tn this country. ase of the want of temp My establigh the sume by the Holy See, and for wa ereign legislative enactments of the States In which they are restricted as well by the constitution United States as thore of the severai Stater, the Ontholic {Ghureh, we apd can only be « missionary churob in tbe United ‘tutes ‘However this disputed. fact may be the foregoing reasons sesigned for it are not very obvious, It in dilion't to pe ceive how jecrees of & pienary council, deriving their force trom the approval of the Holy See, could be any more Teadily enforced, fn the absence of the temporal power of the Pope than eould the genera! ecciesisttcal eapecially if it be true that the former confers upon the Biebops en- Jarged discretionary power. Nor {s It apparent how the lib- eral religious {reedom quaranieed to all by the conatitattone ‘of the United States and of the several vat Ie on whieh provecte ail alixe fn ine exercise ahd enjoyment of {he right to worship Almighty God according to the dletaten of their own cobaciences, can be in restriction upon the enforcement of ecclesiastical aw. The Carat tat js @ part of the common law of this country, all Christian organizations or churches, without “Gating: ba entitied and do receiwe tion under our e_proceedin, Gounel! of Bishops at Baltiigo 1886, that the government of tbe Catholic Church in this country ‘Was not, theo at least, under hd enérai canonical laws of the Church. And ae authority for the exercise of the official Power comeiained of in this ‘can el grapbe Now. 10s and 196 of decrees cf Fitter eoune ransiation of these, together with par Bathe Non. 76,77 and 128 of the decrees same counell cited ty the plain: 1, a eppended, thet they may be geen in proper re- a ibap pears a that teas decrees oF daitrerances o eit more of 1860, huve received tho approval of the Holy pty aod are Lneretore ern eae fog Charch tn 1bit count But it also appears ‘80 far an they fon 4 or modity the common iawe on th Sharh ey lerepee re is dietric pariebes, in paragraph aoe re ‘ae followe:— “However, it is the mind of the Pienary Councll that grad- ually, acd ‘as circumstances permit, our discipline jn this nailer snould be conformed to the diseipline of the Univer. fai Church.” Whether there bas veen any action by the Counci! on thie subject since 1808 in not stated. It was yy counsel for the plaintiff that the missionary satus of tae Church in this country existed by virtue of special dispensation which bas expired by virtue of iteown Mesiterion, ‘or the change in ere couanion, fs yp LAT e Shure to whicb ted. The only to. Sustain "tase amvertion was the “tthe ofices "peculiar. {0. that orpantzarlon, uch as vicars, apostolic missionaries, ¢tc., Superseded by archbishops aud bishops, wih jurisdiction, Powers and authority derivea trem the e general canonical jawa of the cburch. It Is to be regretted wat more authority pen oe Apel: point could ie Se furpished to the Court time afforded for preparation for thie argu. meut. It isof the Oretimportance it the ‘adjudication of can doubuess be settled by authorities in ite flaal consider ti ase under the, pro won of the decrees of ‘the sacred ministry im any part of re. Bey 108 it 19 deciared that the facalty of as- the St anust be borne in raid that she Council are being by, im sinaa eecyeart cn ag. tant tach i) right,” 4 “ ent, ‘86 granting to the rector of any church the right of itamove. ‘cessary to reit \erefare deem it ne: op This dors not pur enlargement of the power 01 the ah aL rtion of w existing power ne fe, ace ecipiine tp these provinces, constriction of these decrees would ee: of rube of duty Smpied im those laws. A crime may ‘consist in ‘Or neglect a8 well ag ip commission or Petneslocically eonsidered, te Palleved to be quite as cons: Prebeosive in signification, and when to the conduct Of@ presbyter or rector would apy” dereltetion of omission of duty, moral of what may as a preamble to this decree o! the Connell C4 considered arise in abeir admin~ fn part wueria, 80 that DO iatfatlon, Pia eta or wrbloh give to him discretion. confounded with thy vant, de tal » na Sa opportunity. ‘of "vint prc To the one og be mundial of the contort wots derate’ i Phe nd 80 aerate re a ferences radian! a xhort bishops ‘not to ‘and reputation the oF tan9e eee twee + may ts a ot inquiry it may be due acdusation, have & ate fr Beario by \d an opportunity to explain or: i censure ? jo it aor ing amare i “Rev. M. P. ARAOR Rev. Sig—Your administration of the piaiacgaeet rth the Ororeh of, the Ampunciatloa has Deen ouch that 1 feel myseli move you and | ehureb vacant. pa Inow fortid you to exercise ion i Willial rt, even 10 say mass, prohibition Informs 8c of may Purine intention ia your regards ion in your re ~ “W. U'BARA, Bishop, Scranton, “Novemper 6, 1871." Surely tl mean jeap tes of the Rul of tome Soff ied 3 togeth ta devoted he head: Ba ‘once an er upon the of ‘tide. e. Commonw Tn the f Casey, 478) a bela inat im the cago of sa oles bet Faubjest to neaoval hing leas than a positive assump- some offence or aelinquen jon of the vaarere di wt ie held that in the for neglect of duty, ine neompetency or eek before r Temoval can mnt be a pgalnss the afloer, snetlen tones of ihe: pen HY bola od in Uo 5 ‘and an py ee e used o' 8 ef 10, delivering the onipion ef the, Coury, ‘amor ther avtboriti ol with ral, bk deo! of Be Gaur of Ge ¥ aa Pool was Se jhe, by ae bane e ‘oole ej 0} of London of hs license as cural fete OF. Suh M4 and to the Archbishop of Cant nny broviiogeof the Church Diaciptine acta, “The Arcnbishon, Sie teen a confirmed the syreroenh of the Bishop. Thersioen a plied to pee ’ Bench fore iy mandamus to ineAreutinuap to make Rigairy Into the ape Peal, in fact, to hear his Lord Campbell saia mone cold not enter into the truth of but he mast his recrét ihat this |, however, could a) no ‘doubt His jously and with the most sin- cere desire for the he proper ‘ischarge of hie eacres’ functions ‘and to promote the benefit of the Church. But in his (Lord Campbell's) opinion be Se had | taken an erroneous view of the subject oF had acted on advice which could not be sustained. was bound fo hear ihe appeal, and he had not beara it It was one of the @ firet prine! of natural justice that no That should be conv: ‘without first being beard. * tbe Archbishop had even come to a deciaton which wi ‘hearing the opposite was 10 taken, reat ia judgment eoeia wor stand. What bad been tho uotferm = prine! etanon ‘on which this Court, trom ie) most an- cient times, had acted; and he recollected hear! peri ged Judge once aay, and sot trreverenty, that the. Afenighi SEF dantectent Balke wold wet sonenee cur tree pete without their being beard. edent had always been acted upon.” The fundamental laws of our goverment Both ational and tate, aasert the ‘same great principle ol justice, In. the eimphatic declaration that no person thal be deprived 0 of lite ib liberty or property without due pro- Ceae o When an oteey, of an institution, however sacred and le, and howevor much pereoal ne Re and conti- imeelf, claims ny ibe Pabare not been ‘unmindful of the able, argument * the Ey reaee feet tienes ene nary ipjunel objection 10 the juris- diction of the the that the cause of is of an ecclesiast! nati and that the complainant's remedy was by to the higher couris of the Chureh, 1 do ry jerstand the complaint as involving any questions of. taith, doctrine or Cy nor as requiring @ revision of an adjudication by any judieatory. But, on the contrary, of that sacl ‘adjudication has been oo led the comp Aas that he has been de; fro i bis office sriuout author ity. a beri citecr of Oburch adjudications within their jurisdiction is too ‘weil settied to admit of of deabe or question, ‘and to Ps exert We recogaise the fail foree of Uke authorities cited. catory of by the upon the Court discardes Pie technical peter aud beid Sbgs hia remedy was by appeal #0 of C1 eta. ve, Cheney in the Suy our oP fe Tinoia, elted by the counsel, was a bill 0 € Sciemfant bed born che pa leren tar proveedt nt he Court decided that. the exciesiastical court had j tion's and the right to proceed to determine the jurther ruling of © majority of the Court, that the Sonision ot scsissiantion’ ovurts tb 10" thakr owe Jurisdiction is oes {sof doubtful sulbority, and bas novapplieatlon 18 cae, regard to the, objection that the complainant has been ofteiallt Femoved from hin charge consented to and in the pane. before the ‘tling vot this bill, the post- tion ts recognized that the Injunction se only Preventive and annot | be pet of yunishment or to compel persons to Proven tbe them from doing wrung. Bulwier sti ialachiel oF jained of ir continnous ir its character and ef- fect eagh restraint may be jmposed a8 will suflice to atop the mischief and keep things as they are upul the hearing op the Mpere te sqme evidence tending to Prove acquiescence on the pari of the complainant bat, as explained by bie af@ida- , It cannot be regarded as a waiver of avy of hie legal or ei rd fo the motion to <inmisa the bill tm behalf of tone piaintifie who: have peuitloned wurt to tbat effect we Seem it better to atiow them 10 withdraw from the cave Witte out prejndice tothe remaining plaintiff, and make tbe f0!- lowing decree: — DECKER oF TE count. And now, to wit, December 21, 1871—-This cause came on to be bastd gu.tee'es ot Lamptenber fosie upon mction ate defendant's counsel to dissolve the preliminary injunction and dismiss the pl bill, and having been argued b: Counsel and duly considered by the Court, 1 je now ‘ordere ‘and decreed that Thomas Murpby, Patrick O'Donnel, Michael Harney, Michael Nayion, Michael’ White, Patrick T. Flyno and Thomas Galvin have leave to withdraw as parties com- pisinant in this bil, Wwithont prejudice to the’ Rev. M. F. Stack, the remajuing com ‘And that the 3 preliatnary y njauciion ranted by thie Court f December ie same 14 here! onthe Ist Giodifedas to omit ibe sata Thonmes. Murphy, Patnck 0 nel, Michael Harney, Michael Naylon, Michael’ White, Pat: Fick T. Fiyon and Thomas Galvin as Complainants, but othe bey Wise to be and remain in full force and virtue, as grante, ‘until final hearing or further order of the Court. And ae to funy thing further asked for 1m the eald motion of defendant's counsel it js refused and the aeeen diem Pero , SAMBE G Saupe, Pd TEE CINCINNATI “GAMBLING SENSATION, Arrest of One of the Now Vork Partics. {From the Cincinnati Commercial, Dec. 24.) Our readers were recenuy made acquainted with ‘the fact of Jonn Morrissey, of New York, through his ka So Wultam H, Mead, having broughe, suit Benipnt J pene ‘of this city, Lo recover $10,000, Tost by Mr. Kilgour oa credit at’ one of Morrissey’s gem ing houses, No. 5 Went fwenty- fourth pee ew York, on the might of Febt ry f 1671. pressed for the monev Mr. Kilgour retuned. "ot course the money cannot be recovered by this suit, which is brougit merely for the purpose of unpleas- antly exposing @ genuleman’s weakness out of a re- vengeiul spirit on Morrissey’s part. ‘The cambling law in this State gives the professional gambler no chance to recover. Forrest and Lindeman having filed hie petition here, Mr. Mead went to Onitago. Haraly had he Feaoned that city, however, when Officer Carr, who.had followed him, Prevented a roeraee for his arrest on the chargé of threateni Kilgour with personal violence. It was very My Wise that such a warrant should tasue, decidediy ng ulous on Mr. Carr’e part to attempt the arrest & msn on so trifling a & charge in another State, srihout a pacmonkietn yi appareatiy very foolish » Carr. But he did Terura, vole quieuy, aad 10. in the Police Court ar ciay wal’ a’ aud was held in $i L- the Seam Whaley his esouritye a eel again arrested and ag Squire MoLean on op rie A jain waived examination a1 we Poage et ee wo pn final inal, f rity. This matter arranged pay vosetoe ‘arrested by tho Sher of Mamuton county On @ Warrant based upon the following af- oie ti ‘The defendant tn the ) anit alleges. that fled iis anawer to the peulise ‘ona cross. pouhious to wiiee ie defendant, being in the city of New Yor! b of February, 1871, became and was Jnvoxioke that be wae uncondcious of the nature of his eond et, dnd, Intoxicated, he y the plainti® tn the me of faro, by means of obtained from die fondant the sum of $800, no partof which has vee to hity; tbat said sum of money was frautnieniy ovvelbed {yom bin when intoxicated and unconsclou in this case Mead gave ball in the sum of $1,600— J. R. Whaley ble security ~—and wag at Jast allowed to Jeave the city for New York. POLICE TRIALS, Thirty delioquent policemen were brought be'ere Commis. vlouer Manierre charged with various offences. Thé greater 38° part were Acamererlind dinnowed of by the Peep <a bot Mott Si ie rpting Np O'Wonner, by ‘Wile eres tht tot he Pan vue Ind her clothes ins Wich Conduct am tim by aro maith may sti to the indy ea poe to be noped she Pomrd wi riebly desorvee feelings || ably settled grave fo ‘The Califorsia United states Senator Blect On Gevernmest Extravagance, &c. The San Francisco papers of the 17th Inst. contain ‘@D Account ofthe recepuon in San Francisco on the previous evening of the Hon, A. A. Sargent, the United States Senator elect from California, MR, BARGENT!S SPEECH. In reaponte toa call, Mr. 8 it said it was not ® matter of importance in what portion of the state aman Who represented the whole | rer A man with @ narrow mind and provincial ideas should not occupy that position. he wished to represent the people, it was no matter whether he livea CY the city s. in the interior. E He said tt was nis aesire ota it every pass as ue eer Heyer uve on, ortiode He continues . ing that wien fon he pos 5 through the streets and saw the oy Conon Howse jot, an unsightly they per of government extravarance, whie all $58,000 per year for rent of offices, Wee reaalved eo do his. best. to remedy ail xtravagances which existed tm Our alate. be 1tlgen it Baidhe would go into Senate in ol ayiapathy with the present ad- huinigtrations iy had, since its accession to power, reduced taxation by’ $40,000,000 “per year. It had reign questions, and carmed peace and order throughvut the entire country. past showed that in the future taxation would be forther red rdensome income tax luced. The bu ) Would beremoved, and the debt which: now hung heavily over the country would be gradually extin hed. In alluding to the debt he stated lewd jeiod re generations ‘should take their shate of panies of the country, This, be said, was carried sense vy the President’s Message, and Le roped thatthe present incambent would receive penn ment of the people next year. The maker concluded by again thanking the pore for thelr £ind reception, und hoped that in ¢ ture, when his term had expired, they would and that the confidence whicn they had placed In him bad not been OPRaSDDY. pestoieed, ‘The Ohio United | States Senator. [Washington (Dec. 24) correspondence of the Cin- cmnati Commercial.) It 16 reported here io-night that the great im- peacher, James. M. Ashley, a candidate for Senator 4n place of John Sherman, bas, within @ day or two, declared that he had three votes in his own (Toledo) istrict, one in the northeastern portion of the State, and was going tiome at once to secure the Oith. With these five votes and the whole demo- cratic support he ts to be elected Senator in place of John Sherman. Mr, Sherman leaves for the toral scenes of Mansfeld on S‘uesaay, and may turn up in Columbus early in January, to the embarrass- ment of James M. Aspley. ‘The Grant Opposition in Peonsylvania. [From the Pitsburg Commercial (republican), Dec, 25.) It has been stated in some quarters, and intimated in otuers, that the recent letter of Colonel Alexander K. McOlure, defining his views on public affairs, Tepresented also the opinions and attitude of Gov- ernor Curtin, wno, it has been rumored, purposes soon to resign the office of Minister at St. Peters- burg to take part in the Presidential campaign against General Grant. Ina private letter recently received from Mr. Curiin by @ friend in this State, however, he puts a quietus to the story by saying that he “is separated from the combinations, an- Potter neartburnings and disappointments of tical life, and is quite contented with his place and residence in Europe.’ He adds that he is aware the newspapers a settle the fature for him, but that he has made no arrangements whatever for leaving Russia. The New (Yaple) Party Movement in Otto. {From the Cincinnatti Enquirer (dem.), Dec, 24.) Mr. Yaple’s new party got together yesterday afternoon and effected a permanent organization, ‘The oMcers elected are good and substantial gentie- ‘men, and we have all manner of faith in their sin- cerity, ‘Their names are: President, Judge William B. Caldwell; Vice Presidents, Juages J. D. Stallo, George Hoadley and Rurus wet Secretary, Bel- lamy Storer, are: ; Treasurer, Joseph C. Butler, Mr. Yaple’authoritatively denies that either he or Mr. Ki have desizns upon the Superior Conrs Judgesnip. It is his opinion that there will be no Superior Court in Hamilton county after the Consti- tutional Convention. THE INTERNATIONALS What a Catholic Priest Thinks of the Array- ina of the Laboring Classes Against the Rich, and What He Predicts for New York if the Movement Goes On Here. The Rev, Father Tissot, formerly President of St, Jobn’s Vollege, Fordham, during his germon au St. Patric! Cathedral op Christmas Day, made the following remaras:— There is an old but by no means obsolete law, whicn has ever been iu force aud which will ever be in force to the end of time. 1% is, “Thon shalt earn bread at the sweat of thy brow.” Now it is trae that certain people escape Tom this law, bat they are the very, very few, ouly. The great masses have to obey 1% "J know itis very natural for the poor (and by the poor I do not mean beggars who bb pend upon the charity of others for their daily bread, the laboring classes), to be dissatistied and aigcon- ‘Vented when they think of their condition and life as compared With ihe condition and position of others Shey nee about them. tis very natural for the poor to eay sometimes, “ilow different 1s the rich 8 condition from mine} He has his prowo stone house, and I have a miserabie, damp shanty. (Here there was quite a titter throughout the con- gregation, many persons being under the impres- sion that the preacher said ‘damn shanty.’) He has every luxury he can wish for, and I have only coarse food, someumes barely eno! ph to keep body and soul together, He can rest as as he likes, while I have to get up at dayoreax.. le is highly thought of; lam despised. He is unacquainted with toil, while I work eariy to late, aay after day, week alter Week and year after year. in summer, when 4 prope is very hot, he leaves his palace in the Sent to the seaside, or porsibiy across the while I have got to stay ip the city and work In neat OF cotd. Now, {f that poor laboring man only thinks of his Saviour, of Christ, who was born 80 poor, who, ike himself, had to earn bis bread at the sweat of his brow, all complaint dies on his lips Then wiil he exclaim, “If my Saviour was #0 poor, and worked #0 uncomplainingly; if he suffered haruships and privation without @ murmar, why should I not be ‘willing to work and suffer in my poverty?” Bat if that Poor Jaboring man has no knowledge of thirst in pie heart, no aspiration beyond this worid, bitter reflections rankle in bie breast, and be will be cer- tare to communicate them to others, and. by and cr batural result, there come plots and con- spire ies, and the arraying of poverty against ealth; of the laboring Classes against those who Tave more of the goods of tuis earin than they—in fact, the Commune! We have beard jately of the awful doings in the Oid World of men who claimed to be poor men oO} osed to the rich, What was the cause of it all? hence all these upheavings of the poorer classes, of the mutterings that fali upon our ears, of the dreadful threats that are being made of oue class against another? The reason is simply his. ne lower classes. who tak thus wildly are not taught to loox up to Christ as their consolation add hope! The qvestion 18, tuen, shall we havea Commune in our midst? No! a tousaud times no! so long as the poorer Classes believe in Christ and look up to Him as their conso- Jation, their modei and their hope, But if the ene- mies of the Church are to succeed in bringing up the riging generation without we knowledge of Christ—and they are working industriously to do it—people need pot be suprised if within twenty years irom the present day they have the Com- Toune with all ite horrors in our midst, that in this city ot New York there will be @ hundred thousand men who will only be too giad to go about BURNING AND SLAUGHTERING and Gianing as we have beard of men doing in the Old Woria but afew brief months gone by. And why Js there danger of this? Because these people, called the poorer classes, haviog nO earthly conso- jation andgio belief In Christ and che consolation of ihe world to come, find their condition in life in- wilerabie, and are willing to adopt the most terrible measures to get rid ol iy HUDSON RIVES NAVIGATION, The Sectional bork Snok at Newburg. From Newburg to Peekskili the river, which was maddeniy frozen over by te receat “cold snap,” has been as suadeniy opened again by the thaw, and toe ice i# ali afloat, moving north and south ‘with the varying tides, A closing and reopening of the river between the two points in 80 brief @ period have not oconrre ‘Within the memoty of the “videst inhabitant.’ River navigators, however, aro of the opinion that the thaw ig about over, and that cold weather wall soon shut the river up once more. ren ary frotgh piers er say that if the present extremely mii continues they wiil start their boats again om, ithe, route between that city and New York. Above Newburg the ice fg gti] motiontess. At four eoaars Tu a cane ‘Of float Newourg section iying ai tho foot of Washington street, and ined oti’ the side. The dock niled and sunk to ine bot! Itt, however, to be raised forthwith, THE CARROLL MURDER, Pont-Mortom Kxamoni Coroner, Herrman yesterday took charge «1 tbe Kaward Carroll, the young man who on Monday evening ied ai bie residence, 10 West Thirty-reventh street, from the effects of violence to the bead, the resolt of a blow from aclab in the hande of James McCartney, keeper of # rinking place at 020 iehth avenne, particulars of which have . eappeared in Deputy Corovgp Fe yy "Bench. 14 ’. * vmade ‘1 post-mortem examination op oP he and on openiug the bead found & ipacvare of 1 i hie opinion, was !be caune of he ivquiattion mae hela to-day, and et tte, mntione ny eomatne ody 0 jar iney rems Sage rome ar ate Before Judge Ingraham. ‘hore was a briet semion of this Court yesterdayyand ihe) cases tried of n0 special public interest, i John MoUrath was convicted of burglary. He was sens tenced five found itiarceny and sen~ Ann Me ‘*Courad Welsch was browgnt fa a an ordered at hard labor in eats rigoyearn Reuben ig on eonvieiien f burglary? was given tb te Gary rao cag er eT fiecksions, PA a, a et al.— Motion dented, with 810 costs, wil ‘eetiadle ve vs. *Santord.—Memoranda for counsel. Chose, of a.» vs. Smith et al = Motion denied, Carter vs. Kaltt-- Memoranda for counsel, iswold et al. ve, McNally.—Motion denied. ; une jamars ve. The. Walkill National. Bank.—Motion |. Memoranda for counsel, "Jemma Baran, attetion dete Bilberber; Beh i oa action Freee Mater of the doardisndhly of Matlige Dy:Prazge of —Same. ‘Delavan va, Brown, et:al.—Memoranda, Wright vé, The Great Western Insurance Company.— oar ieee va, Ward et al.—Motlon denied. Bape in Me * rea yap Pirugmes eal na Whitaal ‘a. Same. Laehaged SUPERIOR COURT—TRIAL TEAM. i? Adjournment for for the Term, | ‘The Trial Terms, parts 1 and 3, of this Court met yesterday, ‘and then, after bearing some anim portant }, adjourned pein Mgt 1528 An order was Cagee olge ject by Mx. Meeks, fewtanaisaes for eat Bone directa wo wry on the snegad ‘Monday of SUPERIOR COUAT—3PECIAL TERM ; ert. my Blackh ba id rit fn coats. 5 yo, Black hurst.—Judgment Flatt, wt a fc wit o aires Soro led. aod) judgment yiings filed. bon Cee pels dha iy can colt ohnwon va, Oram ft ry ir Pekon va. See aos plaintiff. —" with costs. va, Hennuke.—Judgment for plaintiff, with opets, ring te See opinion, 2 4 Baldwin va. Martin.—Momoranda ‘for counsel ad to settle- ment of case. Bagley va. Canon—Motion for new trial denied, Boag conte, é Barr.—Judgment for pininilil, with cow Githony vs. Atkineon.-Findings fled and” Judgment airected be entered. ty ° iu urd.—Motion granted in part, with $10 cosis, anda nd cen! a ‘ a va. ae cette waited costs, with Fonew if the party be 8) adv Write va, Talmadge Gase order to be fled. 2 Talmadge ve. Whi — Same. Special Notice, Judge Jones will be in attendance next Saturday, after the Adjouroment of the General Term. to sign orders, findtn tad judgments in cases decided by him, ef COMMON PLEAS—SPECIAL TEAM. , Devisions. By Juige Larremore, Goldstein vs. Marks. —Motion denied. Koachling vs. Arlington et al.-—Motion granted on payment of costs and acceptance of short notice 0 we ot Manbattan Savings Institution va, Trimble.—Motion Beebe et al. ve. Mittnacht,—Application for attachmént tr by without costs, Sackett va, Stokes, et al. Application for permanent tn- jaction grant a, va, Kenney, et al. —Defanit opened on payment of mot °‘Stron vs. Black. —Stay modified so as to allow referee plentnits examination of Mime Coar va, Adams.—Reference ore! Dolan va Birnbam.—Order for further return or to show suse. é COURT OF GENERAL SESSIONS. Before Sudge judge Bedford. ‘The Cry Judge came into Court yesterday and, the Grané Jury not having any official communication to make, th¢ Court adjourned until to-morrow at eleven o'clock. cour CALENDARS—THIS DAY ma ee Sounr_Cuanens Hela Cardoro.-- on, yi, aS 178, "ren Adjourned (SUFERION Count.—Parts 1 and ijourned for the teTOuMON PLEAG—TRIAL TxRw.—Part 1—Adjourned unti! MARINE CouRT—TRIAL TRRM.—Part 1—Ad; ot out day. Part 3—Adjourned until December 3 Adjourned without day. Vj COUNTERFEITING, J The Trial of J. D. Miner, the Alleged Coun< | terfelter—Summing Up of Counsel for we Defence. Yesterday the trial of J. D. Miner, the alleged counter feiter, was resumed in the United States Ciroult Court, before Judge Benedict, As ft was understood that at the sitting of the Court the summing up of counsel for the de fence would be entered upon, the eourt room was thronged. | || Mr. Pierrepont, Mr. Purdy and Mr, De Kay eonducted-® F P case for the prosecution ou behalf of the government, and Mr. Fullerton, Mr. B.K. Phelps and Mr, Charies H. Kitcbel were counsel for the defendant, Miner, At eleven o'clock, or shortly after, all the jurors, with the exception of the foreman, Mr. Sinclair Tousey, were 1p their places, Mr. Tousey did not make his appearance until twenty min utes to twelve o'clook, whew he explained 10 ther { ‘that his absence had veen @aused by this. jon on his part as to the day to which tbe case bad’ ‘The Court deemed Mr. Tousey's tion entirely eat , and stated that asthe Dow to commences be would suggest to not to in- the counsel who was 0 speak, as’ xa Y penamns cot! the hoe dence when counsel aoe would bet ihe beter corey and W¥8 ‘would prevent all obras! sion. ME. FULLERTON'S KPRECH FOR NOR. toAt 2 atiarter to twelve ovolox MF. Wiliam Fallervoo ro address the jury on behalt of the defendant: He oar tate ae country tees our humane — syste: of criminal law | no could ‘be » convict to crime unless he wasp Although he did not believe his client was to deliverance from the existence of such # doul well to call their aitenston to the humane rule civilized countries i r section 2%, be that it was a rule of law that the cuilt of the most be fully proved. Guided by the Fale which was the result of the experience of ‘and, re= membering how necessary it was ne faa ‘an innocent ran, he would proceed to ravealigate ue facts of this case. learned gentleman then. a & speeck of remarkable abibty commented upon the {ett He aancunced Colonel’ oat Chief of the Secret Serv! a man en tarely unt fo he positton he ocsaplod’ Wont’ the, man wird d bis license revoke as 8 pawabroker 10 Boston for, Cattse was Dotto be depended pon as a reliable witness in a case upon which his au depenied, especially some re- cent “and disreputable ‘trials’ of this character i which be been emzayed.. Upon Cole an Sher witicnecs tan the ent counsel was equally severe. In couolusion counsel said:—I ask vor at tne close of this case, ual did et the commencement, if row caunot aaguit my cliéut at ones Uf shere be a reasonal doubt of Wie gut the Court wilt inatiuet gon tinder the osthe yon have and ebted wll press when you Fetire to consider your verdict, you to acquit the defendant. Iam anxious to di iver thie tan from bis peril. belleve he is the victiin of « conspiracy--of circumstances | tortured into evidence of gullt. Tam anxious to do all in) | my power to convince you of bis innocence, in order that you may soquit, and soquit at once. At this season Of the en we are reminded of the precepts of a Saviour ht us to love one another, and that heat dirt to love his neighbor as himself—wi ery bear {s overflowing with kindly feeling and good youy in the ght of. the evidence, to acquit, "1 ask you to restore this man to tion be once occupied in ihe community. Send him back to his’ home, and toough there ts no wife or child to spring to, hie, embrace, the grave hay- jug gloved over them, yet kit bie home, arolind whicb clus- ter the vears, Bend Yim buck 10 thanit good Providence aut =. jury of bis country om men that they ali ie bim from the ere wok fhe learned g and power, o'elook. ea H eloquene foul conclu: Mr. Pierrepont will sim nip thie morning Op tBe part of he ie address. at hal government. THE BROADWAY WIDENING WIDENING 4 Looking After the Bilk—Teo ‘Whele mM of the Taxation of the Bill of Cont, Exe pense, &c., to be Submitted to a Keferec. The bill of cost, charges und exvenser incurred by th Commissioners of Estimate and Assessment fn thie matter was yosterday presented for taxation to Judge Cardoso, in | the Supreme Court, Corporation Cound! O'Gorman stated thal notion of the taxation was duly published im thé: newmpapers; that a time appointed in the rie ne objection to ibe my i wera vuiy awe at ay eharge egiier eat 6 act carefull Couns ‘was tinable by Teaton of otner engagements 0 give auliciogt une cine atien tion to the inv ion, that a referee be appowted to tae «| the cbate, as provided for hea The Court in response Ine considered It Bis dnty to ererdee, hi is state and refer ito tome competent init the amount was corrnct, fe named enticing (rant iBerateree; anda the ort of vference a directed s provision ting al parties th pete! ll in th nmuony before tho referee, matter to appear any give THE ARKANSAS TR 8 TROUBLES. “GINGINNAE, Doo. 20,"364 1. A Memphis speoia) to.sne Enquirer says tié intext from Chicot counly states that the negroes have dis banded, and all ne afty aly returned to their e1 homes, The fifty laced themaelves under t Steri™ No tenis a ti by (he Whites, . be — apa

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