The New York Herald Newspaper, January 6, 1872, Page 3

' NEW YORK HERALD, SATURDAY, JANUARY 6, 1872.—TRIPLE SHEET, THE COMPLICATIONS WITH SPAIN, | BELLIGERENT RIGHTS FOR CUBA, | THE PIGEON SWEEPSTAKES POSTPONED. ‘Tho Monitors Canouicus, Mahopac, Manhattan, |p CASE OF THE FLORIDA. Wyandotte, Sangus, Ajax, Colossus 9 and Frolic’ Preparing. “IRON-CLADS MEAN WAR.” Wasninoton, Jan. 5, 1871, ‘Whe Iroe-Clads Ordered te Sea—Dislike of Naval Officers to Serve in Them—What a Diplomat Saye—Tho Spanish Mintster es the Situation. ‘The naval orders to-day assigning officers co the Monnors Canonicus and Mahopac offictally con- Srmed the announcement in these despatches of Yesterday. A number of the officers selected are on Guty in Washington, and, dreading the pent-up life OD vessels of this class, have sought through infu- @ntial friends to be relieved from the orders iesued. @ecretary Robeson refused in every case to change She roster, stating that it was important that Ghose assigned to the Canonicus and Mahopac should obey with all alacrity the orders of the De partment. Itis rumored that the unfiuisned iron- @lad Colossus 1a to be compieted without delay. The Prolic, atthe Washington Navy Yard, will be placed in commission early next week. The Canen- daigua, at New York, 18 reported nearly ready, ‘While the Wyoming and Worcester have botn their @Mcers and crew, and wiil be ready im a few days © proceed 0 Havana, Beside the Monicors Maho- pac and Canonicus there are five others which can be.gos ready for service in a short time. It would be absurd tosay thatall the warlike Preparations peing made mean nothing. Retrenoh- ment is the watchword of the administration, and mo other Cabinet officer nas boasted more than the Secretary of the Navy of the reduction of expenses ‘m bie Department, and the irugality with which the appropriauions have been expended. One of the foreign Ministers said to- aight that the report abroad of our govern- ment ordering into commission two monitors would @@ wore to convince European nations of trouble apprehenaed than the fitting ont of all the wooden Yessels of the navy; ‘for, sald he, ‘‘(rigates now- ‘adaya are merely adjuncts of aipioniacy, but iron- clads mean war.” ‘The Spanish Minister reads all of the yeading papers of the country, and hay- img bad experience in journalism, is bet- Ser capable, with his acquaintance of the American ‘péople of jadging of the true condition of affairs. Walle vo ta not af lbérty 1 speak ometally, he does mot hesitate to say that between Spain and the United States there isnot a single variance except- ing the one which will be the subject of immediate Giplomatic correspondence—the boarding of the Fiorida—but he does not anticipate trouble. Out- side of oMicial and diplomatic circles there is end- Jess discussion of the prospects of war with Spain, Protection to American Shipping—The Official Bxeuse—Strengtheniug the North Atlantic Blect. The Canonicus (iron-clad), at League Island, just oMocered, is of the fourth class, mounts two guns ‘Qnd 1s 650 tons burden. The Mahopac, of the same Class and capacity, also oficered to-day, lies at the Washington Navy Yard. Otner vessels will soon be Placed in commission, and arrangements for that Purpose are now being made at the Navy Depart- ment While it is not admitted in official quarters that there is an exigency for these preparations, it 18 well known that the North Atlantic fleet is to be strengthened for protective purposes, and to present a force sum- ciently large to guard American ships trom molesta- ~ dn and illegal search on the high seas by Spanish Cruisers. A month ago the force on that station Oongisted of ten ships, mounting seventy guns. One of these, the Shawmat, will probably be re- Meved, as she ts destined for the South atiantic, but others will supply her piace, Care is taken in the ‘selection of tne commanders, the utmost confidence being placed in their competency to Tally carry out the orders of the government. While the otmost caution 1s enjoined, tne policy of protec- Gon will be rigidly eniorced. Prepnrations at League Island. ‘The iron-clads Canonicus, Mavhattan, Wyandotte, Baugus and Ajax are now fitting out at the Navy Yara, Philadelphia, it is sapposed, for Cuba. Important Naval Orders. Commander A. E. K, Benham ts ordered to the command of the Canonicus; Commander 0. F, Stanton to the command of the Monocacy, in the Asiatic squadron; First Assistant Engineer Wiiliam B. Nicoll to the Bureau of Steam Engineering; Sec- ond Assistant Engineer J. J. Barry to duty at New York; Boatswain Andrew Miinie to the naval sta- tion at League island. Commander James H, Gillis is detacbed from the Washiugion Navy Yard and ordered to command the Mahopac; Commander David B, Harmony ts detached from duty as In- spector of Supplies at the New York Navy Yard a placed on waiting orders; Commander Edward , MoUrea ws detached irom the command of the Monocacy and ordered to return to che United Siates; Lieasenant Commander F. T. Dickins is de- tached from torpedo duty ana ordered to the re- ceiving ship at New York; Lieutenant Commander Heory H. Gorringe, from duty at the New York Navy Yard, and ordered to the Hydrographic OMmice; tant Paymaster Joseph T. Addicks, from the Philadelphia Navy Yard, and ordered to the Maho- ; First Assistant Engineer Sidney P, Smi the Bureau tak Steam Doginesring? = ed to the Washington Navy Yard; iret Assistant Engineer Jefferson _ Brown, from uty at the New York Navy Yard and to the Terror; First Assistant eae A wpe Ryd the Wasnihgton Navy l, and ordered to the vanonicus; First Assistant Engi- meer J. G. and Second istant Henry febster from the Washington Navy Yard and or- the Mahopac; Lieutenant Commander we rd dered Engineer H. White, to the ; Master Eaward il. Green and First As. Engineer A. H. Green, to the Mahopac; Assistant Engineer Edward F. McEiwell tenant Commander George A. ‘ermont and ordered as Executive Manopac; Assistant Surgeon B. 8. eee from the Nava! Hospi! at New York, and to the Canonicus; Assistant Surgeon Dick- from the Naval Academy, and ordered to ihe ; Assistant Paymaster FE. K. Calhoun aud tant Engineer Henry D, McEwen, from 6 Philadelphia Navy Yard and ordered to the Oanonicus. Looking to Our Land Defences. A despatch from Fortress Monroe says that Gen- eral William T. Barry nas been ordered to New York for the purpose of consulting witn the Engt- meer Board now in session there on the subject of fortifications, He leaves to-might for that pur- Done, Our Relations with Spain, (From the Worcester Spy (republican, ex-Congress- man Baldwin), Jan. 6.) There 18 some reason to apprehend gerious trouble with Spain. The recall of Mr. Roberts, the Present Spanish Minister at Washington, and the appointment of Admiral Polo to succeed him, are tought at Washington to indicate that the feeling ¢ Spaniah government toward the Uni if not positively hostile, is at least not vaaly. No oficial intelligence of Mr. Roberts’ recall nas been received, but the chat reported by cable, and this report is believed to be ‘well founded, This of itself would be unimportant Mf causes of offence had not already arisen be- tween the two countries, and if there BA) not peculiar relations out of which new uMeu! The recent ities May grow at any time. and earen of the Florida by a Spanish ‘War vessel, if the account already published proves true, is an insult that our government cannot allow to pass unnoticed, and although 11 could cause no apprehension of trouble between two nations dis- posed to cultivate friendiv relations with each other, yet if Spaiu is inclined to be unreasonable and afrogapt she may choose to find a sufficient Cause of quarrel in the temperate demand for ex- faye and apology which the President will no bt think it kis duty to make, * * © The vin- ical of the national dignity is too often made pretext for unjustitiabie aggression; but there $8 & point where the toleration of repeated insult and wrong is no jonger consistent with self-respect, Or with proper regard for material interests, THE ROCHESTER OUTRAGE, Mowar@s Arrival at Auburn State Prison— ‘Thanks His Lucky Stars that He was Not Lynched—Bratal to the Last. Avavrn, N. Y., Jan. 5, 1872. ‘The negro Howard, who committed the outrage the white girl in Rochester a few days since, ar- In this city this 1 3: years, was very hi to panting te and to Tote aid making 8 fan of ope tbe crowd outside as went uo the General Francis Dag on the Situation—The Cu- dam Question Clearly Defined—Presiden- tial Encouragement and Diplomatic Promises—Proposed Remedies. ‘The'sensation incident to the outrage commivted on the steamship Florida by the Spanish war vessel seems to increase as the facts become more thor- f developed. There has evidently been some gross take committed, although it is hoped that the Will be brought to an amicable conclu- sion, A representative of the HERALD visited the owner of the Florida yesterday in order to ascertain the latest particulars comeerning the fate of that vessel a8 well as vo learn his sentiments relative to the cause of Cuba. Genera: Francis Darr, the type of @ noble ang valiant soldier, was somewhat com- mManicative on the subject, and without hesitation expressed his views, “Now, General,” said the HERALD representative, “why was the Florida made the special object of attack by the Spanish gumpoat of which you speak?” “1 cannot say, except that I,” said the General, With @ snrug of the shoulders, “was well known to be an ardent friend in the cause of the Cubana republic, Gnd I Baye no doubt they thought I was on boara the Florida. Had they found me they would have Gispesed of me as other Americans have been slaughtered.” “Under the circumstances, General, was it nov somewhat risky on your part to despatch the Florida?’ “Dot at all,’ replied the General, witn an inde- Pendent tone. “Tne Florida was sent down in the ordinary course of business.”” “B§t you must have been aware of the danger of shipping.a certain class of goods in that direction?’ OFFICIAL BNCOURAGEMENT. “Just listen a minute,” gaid the General. “En- couragement by the opinion caused to be given tome by the President justified me in sending my vessel wo sea. After.a full cons yon of the Oapines the Teplg sent to me was in somé party as fol- lowse—The shipment of arms ond munitions of war™ 18 DOF prohibited to either party in the Cuban strug- gie. ‘fhe revolutionists have as full power bay and ship arms as the Spaniards. it is an entire Taistaxe to suppose that the United States officials have ever been instructed to stop the ship- ment of merchandise, though it be in the form of articles Gontraband of war.’ The lettey im question goes iurther on to state:— ‘and even iW we had acknowledged the ice Of Cuba, our duty and our rule could be no whit different until we bad directly or pub- Mely espoused One side of the quarrel by making war upon the other.’ The General went on to say, in reference to bis communication, that the Presi- dent had reminded him, or words to that effect, that “we constantly bought arma of Engiand dar- ing the rebellion, and no one questioned the legal right of Englishmen to sell to us and to the con{ed- eracy. Blockade runners must take their own risk of capture. ‘The Cuban republicans must learn to draw this distinction before complaining of our con- duct, . In this respect, as I have stated above, the recogaition of their independence would not have altered’ ‘the law. That,” said the General, “is o rs ofa letter caused to be written to me by ue President.’ THR CAUSE OF THE GRIEVANCE. low then, General, of what do you complain ?” “Why, in apite of this postive assurance of the Wishes of ihe President and f the inverpretation of the law, the government seis 1d my vessel, the Flort- da, on the 20tn Au; 1870, and kept ner five months in the Navy. Y: jotwithstanding my. earnest BDI Tor an immeuwiate trial—courting as.i did tne Tuileat inv. ation, aud to Secretury Fish all the time the delay. was equivaient w a con- fiscation of + —tu spite of the well-kuown ar Cmigor power nah hey eaten ier power w or the Executive, and the country can imfut what mand ine ay ‘to , “Why, my iriend, the Secretary of Slate, had a s0n-1D law whose interest as spanish counsel would have been mjured by my trial, lor the release of the Fiorida would have immediately followed. When the trial came on, however, not a single witness tor the prosecution had anything to say. Judge Blatchfora Promptly ordered the reteage of the vessel and her deliverance to me. The outrage was ge flagrant on my rights that Judge Blatonford refused an appli- cation of the District Attorney to issue the usual certificate for probable cause, and the District Attorney 18 liable for damages to this day.” “Well, General, I would like to know about the Florida.” a THE FLORIDA, “The history of the Fioriaa up to her being block- aded in St. Thomas is weil known. On Novemver 231 notiled the Secretary of the Navy ot the out- Tage intended by the Spaniards in the case of the Florida and appealed tor protecuon. In response tomy communication 1 was iniormed that im the presence of any United States vessel no such out- Tage would be permitted. ‘haw’s all nonsence— ‘| nce of Uniied States vesse's! Why, thats beriectiy absurd. You know the story of the case, You might as weli say that no man shall assauit ‘You at the Batlery so long as any policeman is on te Bere! a ; “Thavs good, General—ha—but what do you think about the war prospects 7” : BELLIGERENT RIGHTS, “War! {hope not. The Cubaus merely desire the recognition oi belligerent rights, and wish to fight the patae out themsctves.” “ jon, me, General; upon what grounds can the Cubans claim belligerent rights?" is “PU tell you. ‘the Cubans have been waging war for more than three years against all the power of Spaio. Spain herseli, by public documents, bas acknowledged the existence of that war. Spain has been ‘ailowed to supply her army and navy from the federal dockyards and arsenais of this country, having shipped within the last three years over one hundred thousand stand of arms, while Spain furnished only twenty-two hundred stand of arms,” THE OAUSE OF COMPLAINT. “Of what do Ping barticulariy compiain, General??? “Injustice! e Cubans, in direct opposition to all the fair spirit of neutrality, have been denied similar advantages accorded to dpain, and vessels freighved with arms and mun.tions destined for we Cubans im accordance with the legal rights of American citizens i trading in arms with peoples and Powers that are at war, and in the exercise of what has been declared both by the Executive and federal courts to be @ legitimate voyage, have, in vio- ie of Ltd ang papers omnis ok ae the delay equivalent to a con! jon of pro} to the detriment of American ciuzens, pie THE PROPOSED REMEDY, “What do you propose to mend matters?” “I think measures should be adopted to protect the rights and interests of American citizens en- gaged in legitimate commerce and to prevent the recurrence of losses which may arise from the fact that the government hag not yet acknow! the existence of the republic of Cuba. Spain herself admits that the recognition of belligerency is not incompatible with a spirit of amity towards her- sell. Spain, by ow | the independence of sundry republics on this Continent, formerly ner own a ee Lo it they had to war ior independence, as Cuba wW- day fights for hers. The time has now come when Spain cannot with honor to herself remain blind or ignorant of the existence of a war in Cuba and the continuous out Tages offered to the ape and ag her people, The assisti of all people in hem- isphere for the right of self-government by all those means not 10 contravention to international law isa thorough American sy, consonant with the prin- Ste of our own independence. Now, | think that it is netting that the youngest republic on this hem- it republic; aud I can. not see why the President, with a full knowledg his kind feelings toward the Oubans, can delay any longer tis act of justice to himself and to them, THR ACTION OF CONGRESS. “Do you think Congress will take any action in the matter?’ “I hope that Congress, if a declaration of bel- ligerent ae is longer delayed, will agree to it by solemn and joint resolution of both houses, Now, I rotest most bitterly against the aesignation of ir. Fish that the Cuban sympathizers in New York— some time ago made to a correspondent of the HeRaLD—were @ set of loafers and soldiers of for- tune. He will yet live to learn in his retirement that he could not with impunity defy and detay the manifest puolic sentiment of this country in regard to Cuba.” A TEST CASE, “But what course do you intend to pursue?” “1 propose vo continue to buy and ship arms to Quba, and yoy bg rights 1 intend to enforce them, fully aware that 1 will be Sopecent by the sentiment of the American rope. gail load the Florida with rifles, cannon munitions of war, in the ordinary course of my business, and I wil then see whether the tujustice hithertu practised Wil be repeated in direct contradiction to law and equity and the positive assurances of the admuinis- ration. “When do you expect the Florida?” “She will probably arrive within @ week.’’ ‘This brought the interview to a close, Outside the General's office in Murray street was suspended banner bearing the following inscription:—“rhe republic of Cuba mourns her children slaughtered by American rifies, and demands justice and fair play from the countrymen of Abraham Lincoln.” one side of the banner was the Al re oe fog draped in are ip mourn- Don Quixote Defends the Dovecote—Mr. Bergh Appears by Proxy—Mr. Smith and His Fol- lowers Throw Themeelves in the Deadly Breach and Prevent e Feather Being Ruffled And when I az ‘tse ee 20% ‘dog bark.—Shak-peare, Henry Bergh, the grea humanitarian—the great President of the Society for the Prevention of Cruelty to Animals—the great reformer—the great (we leave the blank to be filed by the mem- bers of all the shooting clubs in the country and by sportsmen generally who are fond of traps ana triggers), once more put a stop to advertised pigeon shooting in Westchester county. He succeeded on this occasion, no doubt, to bis heart's desire, as about two hundred gentlemen had congregated at Fleetwood Park yesterday morning to witness a grand display of science and skill in a sweepstakes between eleven gentlemen who are considered the best shots on the wing in the land, all of whom were doomed to disappointment. The sweeptakes was for a silver pitcher and two silver cups; twenty-five yards rise, emhty yards boundary, witn one and a half ounce sbot. ‘ne entries for the stakes numbered eleven. ‘These were Ira A. Paine, of New York; Horace Ramsey, of New York; John Rumsey, of New York; B. L. Deforest, of New York; A. H. Bogardus, of Ilinols; Robert Newall, of Buffalo; William Qarson, of Philadelphia; Miles Johnson, of New Jersey; EB. W. Tinker, of Providence; George Smith, of Buffalo, and £. 8, Hambleton, of Buffalo, These gentlemen took the naif-past pine A. M. Hariem train, and,’ stopping a Melrose station, ‘With gaus and traps in hana, tradged gayly through mud and slush to Fleetwood Pare, Nevér was seen @ more joyous or Ifght-hearted party of sports men. The scene soon changed, however, as the gentiemen had hardly time to “wet : ther whisties” before a wagon loaded with police- men, with Sergeant Sprague at the front, were descried coming through the gates and mov- ing in the direction of the clubhouse, The police- men soon alighted, and, comipg on the porch, threw themselves loosely about, Their presence beto- kened misuhief, and forebodings of di jntment began to be bruited among the previously hilarious sportsmen. One of the gentlemen present ventured the inte r- Togatory of what could be the business of Po lheemen at that quiet and retired place, was answered by Sergeant Sprague that he did no! actly know. ai he could say was that hened been detailed by his superior officer to repair with a force © Fleetwood Park and. there awalt orders from Mr, Bergh, who, he expected, would be on the ground to meet him at eleven o'clock. The dreaded name of Bergh at once threw a damper over tho spirits and prospects of the gentie- men, and they began to discuss the probabilities of his interference and the possibility of a postpone- ment of the sweepstakes. Some of the professional pigeon shooters waxed wroth, and afver some loud swearing, together with some encouraging advice from a few of the members of the Jerome Shooung Club, notwithsianding the presence of the police- men, began making vhe preliminary preparauions for the shooting. The pigeons were taken down to the Meld in coops; then the ground was measured and the traps arranged; several tables for the loading utensils and seats for scorers, judges, ref- erees and reporters were placed in the mud around the “base,” where the firing had to be done, and then the gentlemen entered for the sweepstakes, tollowed by the crowd, marche down to the tryst- ing place. Before lots had been cast for the oruer of shoot ing, however, ten officers in unttorm, with a club on one hip and @ revolver on the other, crossed the track and entered the field atthe lower entrance, while Mr, Smith, of Mr. Bergh’s staff, with ten fol- lowers of the same corps, in citizens’ dress, bore down from the apper entrance and marched to the front. A bombsbeliin @ magazine could not na created greater consternation among some of tne gentlemen present, particularly those from a dis- tance, than the appearance of theve stalwart con- serva:ors Of the peace, The generalissimo of the gang—Mr. Smith, the proxy of Mr. Bergu—then came forward, and, show- ing a badge on his breast, ina mild ana delicate voice said that Mr. Bergh bad deputized him to attend the Fleetwood Park and stop the shooting of pigeons, if any attempt should be made to do so by the parties there congregated together. This an- Nouncement nettled several of the gentiemen be- longing to the Jerome Shooting Club, and they made arash for Smith, to know what right he had to come there to interfere with their amusement, and what he intended to doin case no attention ‘was paid to his orders. They wanted particulariy to Know if he meant to make arrests in case the sweepstakes shooting began. Mr. Smith was nun- commitial for some time. He at length, however, told bis interrogators that he had been sent there to Stop pigeon shooting, and that he intended to do his duty, let the consequences ve what they would. Mr. Foulxe then said he would make Smith show his hand pretty quickly, and then they woula be able to find out how far he would go. Mr. Foulke ordered a pigeon put in the trap, and the same being sprung, the bird was killed. This movement, however, did not have any effect on Mr, Smith; he merely consuited with his men about the event of the day—the sweepstakes—and the way of prevent- ing its taking place. Mr. Foulke begged Mr. Smith to arrest him. but the latter would not oblige tim, saying that he dic not come there to make arrests, but to prevent the match or sweepstakes trom Coming off, and that he was bound to do at all hazards, Some of the gentlemen present now began to defy the power of Smith and his followers, while others clamored for the gentlemen having the man- agement of the sweepstakes to go on with It, Tho traps were again loaded with @ bird each, and Mr. Fouike again took up his gun for a commencement of the sport, when Smith and Sergeant Sprague, at the head of their corps, marched into line between the traps and the place to shoot from, The imminent and deadiy breach, and notified the congregation that they would stay there until they were satisfied no further attempt should be made to violate the law. A parley then took place between Ira Paine, Mr. Deiorest, Mr. Staples, Mr. Foulke and Mr. Smith, pe! the latter acknowledged to Mr. Paine that Mr. rgh had given @ promise that he would not inter- tere with any match or stake that might,be shot in jd county of New York, ag it was his intention to b the parties engaged in the violation of the 1 fore @ court of justice, ana where it wonld be Convenient for nim to attend to the prosecution of the persons arrested; that Mr. Bergh would not make arrests in Westchester or any other county from New York, but that he would have a Police force at out-of-the-way places to stop any pigeon shooting that ‘at be attempted. Mr. Paine then asked Mr. Smith whether he would be interfered with should he shoot his matcn with Bogardus at Bertoil’s, Mr. Smith again said that there would be no Svoppage, to any shooting that Wass antes ake” he shea Nese of pigeon shoot bad been decided in a count oflaw f oe As the above decision was thought to be a trinmph by some of the persons present, the gentlemen en- In the sweepstakes were invited to take up ir traps and assemble at the club house, where they held an informal meeting and decided to have Paine and Bogardus shoot their matches to-day at Bertolt’s, corner of 1434 street and Fighth avenue, after which they would determine on the day when they would bring off the sweepstakes. Heforé Mr. Smith left the ground he asked Ira Paine for a letter to Mr. Bergh announcing his de- termination to shoot the matoh in the county of New York. The following is THE LETTER OF IRA A. PAINE TO MR. BERGH: — Janvany 5, 1872 if and Captain A. H. Bogardus purpose to shoot our jorrow, January 6, at Bertolfs, 1484 street nd Eighth avenue, at 12’o'elook M TRA 4. PAINE While this little piece of aiplo: had been going on between Paine and Smith the disappointed crowd became partially satisfied, and their curses, which had previously been hurled in all shapes at the head of Bergh and his satellites, were for the nonce suspended, Some few of the genticmen who had envered for the sweepstakes did not seem at ail easy after witnessing the power that seemed to possess over the people in this section of we country, and they jan to “weaken” when the pane for f. 5 ae oe area was being o. , many m, icular! those from & distance, would like to have their rid trance money returned and be considered out of the game. The day's business being settled—another triumph for Bergh—and it announced to the crowd nat the o.uv house thi ‘aine and fardus would shoot their matches at Bertoll’s to-day, commencing at 12 o'clock M., the assembiage dispersed, followed by the blue-coated “bobbies,”” tne latter seeming as much disappointed as those who were interested in the shoot but whether it was from a feeling of ving en some binds Killed of of no: having @ chance to “dent” some poor unfortunate’s skull, At 1s impossible to say. fh has taken two tricks this week, and yester- day clube were trumps. _ Placon Shooting. From the Citizen of Jan. 6.) The for the Prevention of Cruelty to Animals, under its amiabie but most unwise Presi- dent, has renewed its raide on the pigeon shooters, A year or so ago similar proceedings were taken, butas the Court sustained the sportsmen, and as common sense was arrayed inst the $0- ciety, 1t abandoned its aulempt. Tne managers of ‘this society scem utterly unable to under- stand that the killing of animais is not always cru- elty; and all think, with the child in the story, that the *‘cruel, cruel butcher man, who slays the litte pig.” must be an inhuman brute, woereas in: all prozeniis he is the most tender-hearted of men. Notoriously no class of our citizens are more earnest in their efforts to preserve birds and 1e from cruel treatment and from unwarranted per- secution than the sportsmen; they are the rs0ns Who urge on the Legislature the passage of jaws to prevent te killing of parent birds when they bave their young, and they prevent the sale of Gume out o/ season, and strive to hmit the amount destroyed, 80 as tO prevent the annibilauon of the stock, The pigeons shot at @ sporting match are eaten, and rarely, M ever, suffer more they were put to death by crushing their heads, a8 18 the usual mode when wild pigeons are captured in nets; and ¢o far as te tame birds are concerned—these being used when wild ones cannot be had—they woul not be bred at all wo any consiferable extent if it Were not for the demand for this kind of shooti! Death by gunshot wounds is not specially painful as all mevicai testimony shows; and although some may be wounded, their escape, or chance of escape more than atones for such suifer- ing. Ask @ man condemned to death 1 he would rather have his brains dashed out at once or whether he woul! prefer to rup the gauntlet of a few rife shots, and he would surely select the Jatter; pigeons are certainly no more particular in ‘such matters than human bemgs. This raidof Mr. bis a8 absurd as nts interference in benal! of laid on their backs to Keep them from crawl- ig aWay, and if the Society for the Prevention of Cruelty to Animals cannot find something better to do than stop pigeon shooting and interfere with car travel it better disband. BERGH’s NEW DEPARTORE. Vagarics of a Monomaniac on the Subject ef Cruelty to Animals—An Incident on Broad- way. ‘There 18 rejoicing among the carters, butoners, @atrymenv, stage drivers, keepers of ratting dogs and fighting purps over the announcement of the benevolent Bergh’s new departure in his monoma- niacal crusade, No more will the yelling and swear- ing drivers of Third avenue pause in their agree- able pastime of “Knouting” their horses when the eommanding form of Bergh is seen. No more will the dairyman, threshing his dying cow into giving Mf mill Hehishy Bahtndot th. Rend Futlad Chose feelings have been hurt by Bergh will now take sai. wafaction out of the brates he was forbidden to mal- trear, for he Knows that the dread disturber of his Pleasures is otherwise engaged. HORSE RIGATS, The edict has gono forth from the office of the Society for the Prevention of Cruelty to Animals that hereafter all blood and carriage horses shall ‘Wear as much hair as they please, kick as high as they like and run away when they feel go inclined, And that they may not be annoyed by coachmen, the cruel pit shall be abolisned, and head checks Placed among the collection of Mr, Bergh’s articles for animal torture, Itis declared a misdemeanor tO Clip a horse, and no jackass shall be deprived of apy portion of bis tail without due process of law. Weis further decreed that everv horse eiall have antecd to him lite, liberty and the pursuit of Add oats, . Bergh 18 greatly grieved that PIGEONS ARE BORN TO DIE, @nd laments that they are not immortal. ‘He haa for years remonsirated with @ favorite cat for its cruelty in torturing and eating the neads off ‘the poor littie mice, but without effect. Puss will ei the mouse with as much élan as if there fas no law against cruelty in existence. During the summer months, when the benevolent gentie- man wanders along tne beach, he groans in agony Of youl over the icrocity and cruelty of the blue fisn, Vhat, not satisiied wiih killing and eating the dear nile sprats, send shoals of them hopping to the shore to suffer the frigttul agonies of dissolution under a broiling pop Mr. Bergh would prevent all this if he could—but he canmof, aud he grieves aaily, 118 DBPUTIAG OR AGENTS are like unto him, “onty more so.” ‘they are most erui imitators ef the great Presi RY sneak about, gentlemen's carr! \e m UnoUekled strap, a turned hal crossed bridle, Or something that will give them an. excuse for showing their concern jor the comfort of the animais and their own importance, The latest tustesice of tis prying impertinence occurred yes, verday. AN INCIDENT, Mr, Pierre Loriijard’s cartlagé was standing be- fore & store In Broadway, the Coachman in his seat, when a iellow approached and cxamimeda tne horses’ heads. He told the coachman that the horses were chocked wo high. As the man was peremptory in his manner, the servant made the alterations he was ordered to do, out of course grumbled, for ue thought, and no doubt rightly, that as he knew the animals better than Mr, Bergh's agent could possibly do, he bad properly piaced the checks, ‘The remonstrances of the coachman exasperated the deputy and he loudiy threatened jo arrest hum, of course a crowd gathered about the carriage, Whose immates were greatly alarmed, and much indignation was expressed by the crowd at the arbitary and unneccessary con- ductof Mr. Bergh’s deputy. ihe threatened arrest was not made, however, and there the matter ended, NEWARK DOUBLE TERROR, ‘Trichine and Smatlyox=Teo Latter Demon Stalking at Large Through the streets. Trichina—a divease arising from the eating of uncooked ‘prairie coicken,” commonly called pork—has sent through death’s portsls one Teu- ‘tonic citizen of Newark, and fears are entertained that others will follow him. Smallpox, too, is looming up again asa demon of destruction. Io thg County Jail, within the past ten days, no less than six cases of @ serious character have had to be removed to the Almshouse hospital. Tne Warden and his subordinates have ased every effort to prevent that disease from spre: ~ The mur- derer Botts 18 still unscathed. The Court of Par- aons, It may be stated en passant, will meet next Tuesday With a view to the consideration of a peti- tion offered in nis case, praving for a commutation Of b1S sentence [rom hanging to imprisonment for lure, SMALLPOX ON THE FLY. Early My abet morning a German named Beck- slie, Of No, 111 West street, whose daughter achieved notoriety a year or 60 ago through bet made @ target of by ber mamoraia, created @ genuine sensation. He arose from bed dreadfully covered with sinalipox sores and delirious, and rushed into the str He got on board « train at Roseville and rode down the Morris and Essex Ratl road to the Newark depot, where he got off and re- turned to West street, wnere he was captured by nis fr lends and removed to the house, SMALLPOX IN JERSEY OITY. At the meeting of the Board of Education of Jersey City on Thursday evening the existence of smallpox in the city was again the subject of debate, One of the members, Mr. Warrin, who is also Clerk to the Police Commissioners, moved that the resolution providing Jor vaccination in certain puvlic sci00 Is be rescinded. Mr, Browne, who reported the alarming prevaience of ihe disease in his district at the previous meeting, op- ee this motion and warned tie Board against q: misled in the matter. The Board had done its duty promptly ana to the safety and welfare of eal and if the Board of Police Commissioners to do theirs iet them bear the responsibility. Mr. Stieger said that he knew that smailpox prevailed to an alarming ex- tent on Centre wlll The mowon of Mr. Warrin was accordingly rejected, ‘The Police Commissioners are thus foiled in the effort to allay the excitement which must be charged to their repeated disregard of all the warn- ings given to them; and the Board of Education— the only Board in the city government outside the influence of the “] 18 entitied to the thanks of the community for taking practical measures to avert the spread of the disease, THE OUSHMAN SCHOOL. Opening School Dedicated to Miss Char- Jotte Cushman=fHer Speech and Readinzs. Boston, Mass., Jan. 5, 1872, A new primary school building, named the ‘Cush. Man School” in honor of Miss Qharlotte Cushman, was dedicated to-day, Miss Cushman being present and making a brief address to the schulars, She told the children she was very happy of the opportunity of meeting them, and very sorry that they had been kept wait- ing for her; she considered punctuality one of the first things In life. “Punctuality,” said she, ‘‘“ not only the soul of business, but tne Soul of honor.” She then told them that the secret of her success had veen stinply that she had always been in earnest; she had given her heart aaa t she had to do and nothing else, and themselves to their work first of all The speech was Very pleasantly given and is ces MATEO ree sonar pom Tead Southey’s poem, stalter the Battie in ’ of Blenhelms? which was listened CONNOLLY’S CASE. Arguments of Counsel For and Against the Order of Arrest. Appeal to the General Term at Albany from the Decision of Judge Learned—Mr. Charles . O'Conor’s Review of the History of the Board of Supervisors—The Relation of Municipal Corporations to the State— The Court Reserves Its Decision. ALBANY, N. Y., Jan. 5, 1872, The argument on the appeal from so mucn of an order made by Justice Learned on the 9th of De- cember last as denies the motion made before him to vacate the order of arrest previously granted, toox place to-day before a full Bench of the General Term of the Supreme Court—Judges Miller, Potter and J. M. Parker. Messrs. Beach ana Courtney appeared for Con- molly and Mr. O’Conor for the people. The action was brought to recover nfoneys charged to have been fraudulently abstracted from the treasury of the county of New York by defend- ant. The order of arrest Axed the bail at, $1,000,000, ‘The motion prayed that bail be reduced and the or- der vacated, and also general relief. The ball was redaced to $500,000, but the motion to vacate was dented. The action grows out of an act of the Legisiature, passed in 1870, by which the Mayor, Comptroller and the President of the Board of Supervisors are constituted a board empowered to audit all Mabilt- wes against the county of New York incurred pPreviofis to its passage. The complaint substan- tially charges fraudulent neglect of duty of the de- fendant as a member of said Board of Audit, Itin effect alleges a consummated conspiracy to which the delendant was a party, for the plunder of the Treasury. ‘The act of 1870 directed that the amount to be due should be provided for by the issue of Tevenue county bonds, and that the Comptroller should make the payment. Claims to the amount of several millions were allowed by this Board of Audit and paid, Mr. O’Conor stated that there was a cross appeal from the entire aecision in the case, a portion of which reduced Connolly’s bail. * “yan, Gouatiays Spexma, Mr. CouRTNEY., of the counsel for the defendant, opened the case. He proceeded, amplifying these points:—First, the papers show no cause of action against the defendant; second, if, however, a right of action exists against the defendant, it is not vested in the State; third, uf the first two points are shown, the order of arrest should be vacated; i¢ would be absurd and oppressive to uphold it in either contingency; the Court below denied the motion to vacate because it doubled upon the law; counsel claimed that this was @ cruel error towards @ citizen in “jail claiming to be imprisoned at the suit of @ party having no right of action against him; fourth, the Court below, misconceiving wholly the design and purport of defendant’s amidavi heid it as evasive and insufiicient; fifth, counsel hoped the Court would recognize the importance of THE PRINCIPLE INVOLVED in this motion and give it impartial and independ- ent consideration, if the Attorney General can by action to recover, in the name of the people, moneys charged to have been fraudulently ob- tained from a corporation; if he can delegate his office to disaffected members of that corporation on ‘he approach of an important State election, that officer wie!ds a —— of disastrous import. Counsel criticised the action of Judge Learned in grantng the order of arrest, and fixing such high bail on Mere amMidavit, based on the information and belief of Mr. Peckham, Mr, COURTNEY said he had reason to believe that had it not been for the popular excitement prevail. ing this extraordinary order of arrest aud pail would never have been issued. If the motion had been made 10 ordinary times this order would never have been made, We have, too, the extraordinary ected Presenteu of a Judge of the Supreme jourt doubung whether this action is properly brought, and yet casting the doubt against the de- fendant. ‘. Coxos—Y ou eed. tae. Judge's pa Ag He does not say he any doubt, - ‘Mr. COURTNEY—The learned coumsel had ir read the opinion again. 1 know he does expres doubt as to whether this action was properly brought. . . Mr. O’ConoR—You are misrepresenting @ tal- ented and respectabie judge, and I take the liberty to correct your statements, Mr. CourTNey—I claim that 1am not misrepre- senting, and I also claim thatI have the right to criticise the action of any Judge or layman when I find him stepping aside from the line of his duty, and I Will exercise it. Imay be wrong. I so, f Will hasten to retract. I believe that counsel on the ower side would be obliged to go to the Legisiatare for some act to sustain the action they have been engaged in. They have already gone there tor some act to legalize the gction of the Court of General sessions in extending its term. DISAPPROVAL OF THE GRAND JURY ACT. Mr. O’CoNoR—If anything 01 that kind bas been done it was without my approval. Mr. COURTNEY—I said that the counsel would, in my Opliion, yet be obliged to get some bill througo the Legislature to legalize his action. Only yeater- day, in the first days o1 the session, this has been found necessary to cover one vase, and more such acts will be required. Counsel then proceeded to argue that there was suiticient power vested in the New York authorities to bring these sults. He also detailed the legis- ative action authorizing the issue of bonds and rovidiug for the payment of the same, to show nat the State had no interest in them and was not in any manner held responsible for their redemp- tion, and hence no right to bring the swt which has. been orought, As to the Board of Supervisors, Which it is cla.med bas been ovlite rated, he read @ law passed tn 1871 directing the Board of Supervisors of the county of New York to levy and coilect taxes to pay the interest on the consolidated dept of the county. Counsel also read the letter from George T. Cartis to Richard O’Gor- man, affirming the rignt of the latter, as Uity Attor- ney, to bring suit to recover the MONEY BELONGING TO THE CITY said to have been embezzled, and that the Attornoy General of the State has not such a right. Counsei claimed that if this authority is grantea to the At- torney General it gives nim the power of a king over tue Board of Supervisors. City officials are ot no account, All corporations gullty of offences must be prosecuted by the Attorney General, if he will, and by no one else, THE NESTOR OF THE BAR IN RESPONSE. Mr. O’Uonor in responding briefly referred to the questions before the Court, to incidental, relevant and irrelevant questions, questions of merit and of law, and said that some of these questions mignt be Considered trivialities, stil they should ay D6 See sidered soberly. Bat he would say that he héVer thought or said that there was no sich government as the county of New York nor that there Was no Boara of Supervisors, The decision of Judge Learned had been called tn question, and it had been said the Judge was in doubt and yet decided against the defendant, This was not so; and ee this counsel read a portion of the decision, He then proceeded with his argu- meut, going over the ground he covered in the Court below, In the course of his remarks he said, im reply to the criticiam of Wheeler H. Peckham's affidavits, that they did not dare Cy) it all the evi- dence they had in an aMdavit for fear of putting Connolly to fignt, The Court here took @ recess until half-past three o’ctock P. M. On reassembling counsel repeated his argument as tothe right of the people to pring these auits. The corporate authorities of the city, so-called, could now be relied upon to bring the suit for the reason that tuey were in collusion with those charged with the crime. Counsel dwelt upon this int at some length. He then proceeded to detail ne facts and circu which, he ciatmed, showed the implication of Connolly in the robveries, and, repeating his argument on this point, claimed that he and his associates had shown the best of Teagons for the arrest of Connolly. He then dis- cussed the question of batl, insisting that it was no under the circumstance excessive, and Siajaned that it was nowhere positively shown that he was unable to raise the amount called for. He therefore. submitted that ‘the onde ore submi ie order reduct the bail was @ mistaken one, Counsel en ante ceeded to detail the history of the organization of tne Board of Supervisors of the county of New York, which, he claimed, was simply @ tax-levying com: mission. They had no other duty. They never nad @ clerk until 1857, and he ventured to say their clerical work never cost over five dollars. Away down to 1830 this Board of Supervisors always re. ferred all bills they had supervised to tne Council, for the reason that they had no po order anything: but at that time the Recorde: er to ‘who was @ member of this Board for the history of the city, drew tore, — ation directing the Chamberlain to pay some little bill, Now, the Chamberlain was no officer of the Super- visors, Was no clerk Of theirs, and was not undi their authority. Counsel referred to oy er THE OPINION OF JUDGE STRON delivered in @ certain case, ia which the Unctly declared that the city and county of New York were two distinct organizations, the first declaration of the Kind ever made, and yet ae clear Se, the paces oon confounded an artic! of the act he based his opinion upon with a chi Of the act. It was in 1858 that fis Board, we judge dis- He wo a8 Supervisors, had a separate organ! two as. levies, city and county, hae red and in about ten years of the ad- necessary, Tainistration, $25,000,v00 was found too insaficient & sum to meet the annual expenses. This Board of Supervisors, it must be remembered, continued its existence only from 1857 1 1870, 1m 1870-71 & sebeme Was famed vo give entirely new system of government, to consist of four men, on one of ‘wnam was to be el by the people. Counsel then reviewed tne nad the action of these men, and ceeded to siiow that the Board of supervisors Rea never beer sued 4s a corporation. He then returnea tothe question as to who had cuntrol of the bonds in question. THK BOARD OF SUPERVISORS had nothing to do but levy the tax; they were In fact mere tax commissioners. The Comptrolier issued the ponds, The State ordered the ponds Issued by @ law passed by its Legislature, and a3 matter of course the people of the State of New York are bound to see they are paid. it 1s true they are tobe paid by #wxon the inhabitants of the city and county of New York, but the bonds were issued by authority of the State nevertheless, He then discussed the rights and liabilities o} corporacion . 10 ancient times they were independent of the State, but she was changed many years since. The relation of municipal corporation to the State 1s independe! no longer. ‘Thev are allowed by the laws of the State to raise money by taxes for local use, but if the State saw fit to take money raise in New York to build a court house and devote tt to building & market in Budalo it could do so. State owns everything; is powerful over ali other authority Io the State, There were numerous authorities which were entirely ciear in proving this doctrine and which sustatu the right of our action, REPLY OF MR. BEACH. Mr. BEACH, after complimenting tne counsel for the very interestius history he bad recitea, claimed shat it bad no ielevancy to the case before the Court, lie held there was no interpretation needed of the act passed py the Legusla- wre, because it was perfectly obey it was the dutv of all civillans and carry it out as the mandate of the highest authority in our State. He referred to the argument, made by his associate, and compared it WHR shat made by the counsel on the other side and also with the aMiaavit of the principal aMant, Pecktam, and then rectted the facts in the case of Connolly, his oMicial duties aud the requirements of him as Comptroll:r, repeating his argument made ‘ore oie Learned. it acinus here took @ recess until half-past seven o'clock, On reassembling Mr. Beach resumed his argu- ment, Claiming that counsel on the other side bad not shown by proper evidence the least implication or collusion of his client in any fraud. At the conclusion of bis addreas the Court took the papers and adjourned. WILLIAM M. TWEED. The Case of the ‘Boss’ Before the General Term at Alhany—Argument on the Motion to Vacate the Order of Arrest Adjourned to Friday. ALBANY, N. Y., Jan. 5, 1872, At the opening of the Supreme Court this mormng J. H, Reynolds, or counsel for William M. Tweed, stated that notice had been given of argument on appeal from Judge Learned’s decision refusing to vacate the order of arrest of Mr. Tweed, but hesaid the defendant's counsel were not ready to argue the case this morning, and had so notified the coun. sel on the other side. Mr. O’Conor, of counsel for the people, stated that notice of this argument nad been given him, and a stipulation entered into to have the case heard to-day. Last evening he recetved notice countermanding the stipulation, but he had rephed that he could not agree to the countermand; that he was ready to make argument, and would appear here to argue in favor of a dismissal of the appeal. He therefore now moved for such dismissal, Mr. REYNOLDS said he had not been maae aware of the determination of Mr. O’Conor until now. Mr. Burrill, who was to make the argument for defendant, was absent, detained by another case in New York. If the cause was to be argued now he desired time at least to telegraph to him, He ‘was bimselr unprepared to argue the case, He had no papers, besides, this case was not on tne calendar. The case of Connolly, for the argument of which counsel were here, involved nearly or quite all the points of the Tweed case, and might be argued now with profit, All he asked was that the case of Tweed be laid aside for the present. Mr. O'Conor replied that counsel! were ready for argument down to the time of countermandiag the stipulation, 1 then informed tnem that I could not admit of a postponemest I am not desirous of shutting out. the arguinent of counsel, but I am anxious to Rave the case argued. It 1s true the Connolly tase involves some of the questions involved in that of Tweed, with trifing exceptions, and Iam ready to argue that case except as to one point, but tt will take me only a short time to prepare for that, That point was a novel one, one which nad never been argued belore any Court, He thought these cases should be heard togetuer, Mr. CourrsEY, connsel for Connolly, thought these cases should not be neard togetner, A por- tion of the cases were entirely different. He came here with a full case, sustained by aflidavits. The ‘Tweed case {3 bused On a mere complain!. We noid that our case sould be heard to-day, and sepa- rately. Mr. BEacH, of the counsel for Connolly, said he had procured an adjournment in a case m New York for the purpose of apvearing here to argue his case. He was under an agreement to appear ia New York to-morrow, and the Court would see the necessity for guing on With this case, Alter some further conversation the Coart de- cided to hear arguments in the Connolly cage and postpone that of ed uaiil Friday next. ‘WEED'S BAIL Everything Satisfactory, Except that “Young Dick” Must Record the Deeds of the Prop- erty Hin Father Gave Hin Opinion of Judge Cardozs. ‘The matter of the $1,000,000 bai! required of Wil- lam M. Tweed has at length reached a flual, and, no doubt, to the parties mostly concerned, satisiac-. tory conclusion. Judge Cardozo, of the Supreme Court, yesterday accepted the sureties offered, He exacts as to young “Dick” Tweed, liowever, the con- dition that he record the deeds of the property ‘ransferrred to him by his father. Accompanying the decision was the following OPINION, I think, upon a fair and reasonable test, the sure- ties, exclusive of Mr. Richard M. Tweed, make up one miilior ving just allowance to any contingent liability of Mr. Deviin by reason of lis being surety for the performance of contracts where the work is not yet completed. The possipility that he might still, in some way, be liable on the compieted ones is quite too remote to nave any weight. If such. possibilities were to disqualify few men could ever give batl at all, except in very tuconsiderable: amounts, ‘This view also a liad aD‘L disposes of some of the other gritos upon ic UODEXtY, 39%...tho values” ‘Diaced upon tt by the ues Sureties. Moreover, it is clear that, including Mr. Richard Tweed, if he 1s (0 ve accepted at all, two full sureties in the requisite amount are made oR. I think there ts no force in the potnt sug- gestea Mr. Peckham, that the other sureties Could derive no ald trom Mr. ‘f'weed, The statute looks to the amount of the ‘whole justification;’? makes the jeatincasiog equivalent to t of two sufficient bail; that is enough (Coue, section 194) The other point suggested for my consideration {s based upon the objection that the property which youn . Tweed Owns was acquired by gift from his father. The learned counsel cited no authority against his competency on that ground, and | have not myself been able to find any, although I have looked very carefully. There seems to be no doubt but the gifts are absolute, and that the tle has vested in Mr. Tweed the he org 1do not see, af. Mg very Getty fee eat that the fact that the itle Was acquired, by makes any aifference. That "Mr Tweed th is no less res] atest who becomes bail for another, and have no right to assume that he who stands before me as @ young man who I must believe to be of good character—becatse the counsel had the right to show the reverse If it were true, and they have not at- tempted to do so—-means to do a dishonurable thing, or to dispose of his property in any over than & legitimate manner and for a proper consideration, which, as I have belore remarked, is What any one else might do. The possibiiity that sureties may fail or dispose of their property ts a risk incident to taking bati at all, but it is a rigk that the law says must be borne. I think the sureties jusufy within the requirements of the statute. They are “resi- dents and either nousehoiders or freeholders in this State,” and the “whole justification is equiva- lent to that of two sufficient bail” in the required amount, and therefore ti 1s my duty to approve ine Undertaking. But before doing so 1 think I have the right and ought to require that all the deeds not Jot Fecorded should be left at the Register’s omce lor record. Upon that being done 1 will approve the eodertaning, ‘The last provision has been complied with and the Geeds placed on record in the Register’s oMce. The Barcett, dts making’ the sppieaou tlmsell belore 9 ig the application Judge Cardozo, THE COLUMBIA TRIALS. The Further Hearing of Ku Klux Cased Adjourned—The Petit Jury Discharged, and the Judge to Leave for Baltimore To-Day. Couumeara, 8. C., Jan, 5, 1872, The Ka Kiux trials are finished for the present, Forty-eight Ku Klux from Spartansburg county, Fanging from one inouth to two yours ee , by Judge ‘The petit jurors were finally discharged Bond, who, it is expected, will leave to-morrow for The Grand Jury sits for a few days longer. No decision has yet been made in the McMas ter