The New York Herald Newspaper, March 8, 1872, Page 3

NEW YORK HERALD, FRIDAY, MARCH 8, 1872—TRIPLE SHEET, "THE STATE CAPITAL LAST HOURS OF THE ERIE RING. The Senate Classification Repeal Bill ..... Reported in the Senate. TEXT OF THE BILL AS AMENDED. THE ASSEMBLY ERIE BILL. Another Debate on the Seventy’s Charter. Passage of Judd’s Jury Bill in the House. ‘Important State and Local Bills Approved and Passed. A Charter Election in New York in April. ALBANY, March 7, 1872, ‘The ‘great sensation at the State capital to-day ‘Was the action of the Judictary Committee of the Senate in unanimously reporting in favor of Mr. @'Brien’s bill to repeal the Erie Classification act. iv will be remembered that on the very first day of The session Mr. O’Brien introduced a bill that sim- Ply repealed the Classification act. 1t was at first believed by those whom the Senator took into his eouncil that a bill of this simple character ‘Was ‘all that was necessary to put an end to the mfamies of the Ring, inasmucn 8 it would, in their opinion, give the bond side Stockholders @ chance to dispose of their own Property as they saw fit, und decide for themselves Who should have the care of it, regardless of all Cliques, rings or corrupt: bargainers whatever. It ‘Yeaked ont, however, that the Gould and Archer gang haa so arranged matters that the pas- gage of tune simple Repeal act would in no- wise disturb them in their lease of power ‘and plunder; hence it was that the friends of the stockholders set 1o work in earnest to draw up & bili that would not only repeal the Classification act, 80 far as. Erie was concerned, but give the stock- bolders'fali control over their own property. This is the bili which the committee nas reported and the desolation of the Erle Ring is consequently very great. This report is the first step in the right di- rection the Legislature has so far made, and from shia one THE HANDWRITING ON THE WALL will grow more distinct and unmistakable, do what bribery’ and.corruption may to avert the downfall of the ropbers that 18 60 near at hand. It, will be pen by the bill, which is appended below in full, as “amended, that the Chief Judge of the Qourt of Ap- peals is to appomt the mspeotora of election for Girectors, Originally the bill gave this power to the Chief Justice and the Attorney General, The. last section of the original bill, requiring the company next June to . place their transfer books on deposit, as it were, with some good trust company until after the election in July, evidently dia not find favor with the commlt- tee, and they consequently struck out the whole ction. The ttle of the bill, as reported, Is de- ¢, in@amuch gs it reads as though the Erie Rauway alone was aimed at in the simple matter of the repeal of the act, wuereas the bill Ww made LY eee) one as far as tais point 1s con- cerned,-and repeais the classification right as far a8 we Hudson River, Central and Harlem are con- Cerned ag weilas the Erie. Of course this goes not amount to mach, as the Erie was the only company ‘Which ever took advantage of the right to classify wuich the Legislature of 1869 gave these several compames, The following is acl a3 amended and reported:— * An Act relating to the Erle Railway Company, repealin Chapter WGol'the Laws of 1:69 so fur as relates to the Slasaitieation of directors of the Ene Railway Compan office, an acating the offices of directors of said comy ny held Tereunver and ordering a new. election tor « ful board of directors of said company, and providing regulations relating to the elections of directors of saia company and the transfer of its stock :— ‘The people of tne State of New York represented in Senate and Assembly do enact as follows :— BxoTi0N 1-—The act entitled ‘An act to amend chay New York Central, Hudson River and Hariem Railway Com- panies,” passed May 20, 1869, being chapter 916 of the Laws of 1668, 18, hereby repealed a0 far as relates to, the clasaid tion of ine directors ot the sald com thereby of the terms of ofice of the present directors of the Erie Railway Company (that being the only company that has availed {teel! of the provisions of said act in relation to classification) and, of all directors of ‘sald company who be appointed to fill vacancies prior to the election here- Tnsher ordered, shall cease on the second Tuesday of pext, ELECTION OF DIRECTORS, xc. 2.—Onithe second Tuesday of July next there shail be held at the office of the Erie Railway Company in the chy of New York an election for seventeen directors of said company, the inspectors of which election shall be desig- nated in writing by the chief Judge of the Court of Appeals, fandin case of the fallure to attend and act of any person #0 designated bis place or their places may be filled by the ‘nsrector or inspectors in attendance on such day of election. At such election all the stockholders of said company shail be entitied to vote either in nor by proxy, Gears the number of shares held by them respectively, subject the regulations and provisions hereinafter contained and ‘those eisewhere provided by law, aud the seventeen persons rectiving the highest number of votes at such election shall be the directors of said company for the year next followin; the said second Tuesday of July, and hereatter the annual ‘meetings of the stuckholders of said company for the elec- <tlon of directors shall be held on the secona Tuesday in July in each yei id fajuneuon sh i Ge granted to prevent oF suspe! junction sbal 0 I o dP he election by this section ordered to be neld on the sec- ‘ond Tuesday of July next, nor shall an injunction be granted to prevent any person from voting on any eb: t auch election, unless upon notice of elght days to the person elaimis own or to exercise the right of voting on sucn stock, ‘THE TRANSFER LOOKS, Sno. 8.—From the time of the S age of act until the holding of the election provided for in the lust preceding sec- tion the transfer books of the said corporation in which the transfers of {ts stock are or sha'l be entered, and the stock or Jedgers containing the names of the stockholders of said company. shail at all times during the usual hours of transacting business be fully and freely open at the oflce of said company to the examination of all the stockholders and of their respective ts or attorneys who ina: by them anthorized to make such pation on their behalf respectively; and it the duty of the president and secretary or assistant secretary of said company respectively at all such times to bave and keep such books open to such examina- tion by all such stockbolders, oF thelr agents or attorneys, as aforesaid, as shall apply theretor, to allow to them re- ens ail reasovabie facilities for such examination and for taking copies or abstracts of the entries contained in said ‘Dooks ; and in case of refusal or neglect of such president or Secretary to perform the duties enjoined upon ther respect+ rely by this section the party aggrieved tuereby, or his ‘agent or attorney, shall be entitled to summary relief b mandamus, in adaition to any other legal remedy to which entitled. ‘Whe transfer books of said company for the trans- is stock shall be closed on the second Nonday of June daly to to wo he may be SEC. fer or next, nt the close of the usual hour of business on that day, Sy shall remain closed until after the election the rovided for _preceaing second section, and at such election no ‘clustve, the said company shall at ‘09 office in the elty of New such period, during the usual hours ‘of transacting business, shall freely perniit all pertons holding its stock certifcates, with proper power of attorney forthe transter of the stock represented thereby, executed by the person in whose name such stock stands registered on its books, who in person, or by agent or attorney, shall present such ‘STOCK CERTIFICATE AND POWER OF ATTORNEY at the office company und demand the transfer of sueb stock, to transfer such stock upon the said company's ‘Books m accordance with the authorization of such power of attorney, and said Gary Shall thereupon issue and de- iver ie cep ope: fer books York, and during the whole of to such person or his agent or attorney so presenting stock for transfer its new stock certificate or certificates in the pi ‘and customary form in the name of such trans- feree, for such sock thus transferred, which new’ stock certificates shall correspond’ im the umber of ares represented y the“ old cerfificates in place whereol be issued, if the person to whom such ne ficates are to be delivered as aforesaid, or ney shall 80 request; and such new certificates . by said company to the person entitled thereto as aforesaid, or bis auent or attorney, without any woreason- able or unnecessary del: all within three days after the surren: ol old certificate and the making of the transfer on the books; and ii such new certi- hot ready for delivery simultaneously with the sur- render of the old certificate with the TRANSFER OF THE STOCK Theocompany shall, simultaneously with such surrender and transfer, give upon request to the n entitied to such ew certificate, or nis agent or attorney, a receipt or certifi- cate executed on its behalf by its transfer cierk or other oflicer by it appointed for the purpose, evidencing the ‘Of such person to receive such new certificate as soon ean be made out. No stock certificate of said com- which, during the period above specified in this area tet | Ie (aking, (of | {ranafers, shall be ¢_oflice of company for transfer, a8 aforesaid, shall be reized or ted to the operation 0 any injunction or receiversbi unless it be a process found agaipat the owner of such bi OF any new stock ceriiieate to be issued t respectively Me the fit < i asit a RE a i trem to seizure or interference by ieee eer ae ceca, hee ime bes eu ney, sume ceric ell tere aforesaid. 1 lect or refusal on Depa any tra fer otyetock orto In new stock aren sequined iz ions of section at a the perfomance of such: nate be z y motions oF. a) 4 of auch proceedings. for bé Entitled to the like preference in hearing as is accorded im criminal cases. And it {s hereby made the special duty and obligation of the president of the said com- my to see to the due periormance of the obl ms imposed the “sald company by section in to the permission of transfers of stock and the of new stock certificates in place thereo!, and if he shal! by wilful wrong refuse or neglect to Torm a Soto with the intent thereby to wrong. deprive any party entitled of an gpporepaly, transferring stock or obtaiaing the new certificate therefor, intended to be reserved to such arty by, the provisions of Daily lable Hee Hue 3 He ik to such aggrieved for each of stock, in respect or issuing of a new certificate for ot sua wot mpone,, with a may re bim by suck tag BENEFICIAL OWNERSHTP, Bro, 5 —The said cor ‘bas and shal! have no right to enact or maintain or keep in force any bylaw or resolution fori the lawful trust or agency, or for spy purpose forbidden in el in the beneficial ownership thereof, or forbid trans! an the veneticial owners, and no such bslaw or resolution aball justify, sald company in refusing to Loerie 3 trausfer of snap ite stock whi would be otherwise legally permissible to the party or par- or entitled to such stock. SEC. 6.—It shail not be lawful at any election for directors of the said company, for any person or persons to vote either tn person or by proxy upon any stock standing in his, ber oF their name on the books of sald company in case he, she or they has or have parted with bis, ber or their interest in such stock and no so has or have possession or contro! of tne stock certificate therefor when his, her or reon is otfered to be cast; but this provision shall not be con- strued to prevent any person oF persons having stock stand- ing in bis or their name, which is held him or mm as trustee or agent, and of which he or they holds or hold possession of the stock certificate, from voting thereon in person or by proxy. The inspectors shall be en- titied to examine upon ‘any person offering to vole any stock at any anch election, elther as principal or ner, in respect of the exutence, within hia knowledge, of any circumstances disqualifying the stock from being voted on by him, in virtue of the foregoing provision of this section; » {f such disqualification shall be _satisfactor shown to the inspectors, either by such exami- pation or otherwise, the’ vote al be rejected, Any person shall ly swear falsely upon the examination above authorized shall be deemea guilty of perjury, and sball be subject to the punishment Prescribed by law for perjury in judicial proceedings. If in any legal ing proj inatituted for setting aside or reviewing any election directors of the said company it sball appear to the Court that any votes given at such eleo- tion, for any candidate who,may have been lared u inspectors to have elected thereat, was cast In violation of the provisions of this section, whether such vote was chal- Tenged at election or not, such vote s> illegally cast shall, in the adjudi pon stich proceeding, be treated a null and void, and such result of the said election shall be declared and established In such proceeding as shall appear to be the true result upon the exclusion of all such voles cast in violation of this sestion, ‘THE POWERS OF THE COURTS. SEC. 7.—The Supreme Court of the city of New York, and the Court of Common Pleas for the city and county of ‘New York shall, respectively, have the like jurisdiction and powers tor inquirivg into, reviewing, setting aside or estab- lishing any election of atrectors of the sald company as are ‘by law possessed by the Supreme Court, and may make any orders in proceedings instituted in such Courts respectively for such purpose wnich might be made by the Supreme SEO. 8,--It shall not be lawful for any person or persons to grant any proxy oF power of attorney for voting upon any shares of stock of said company standing in his, her or their name or names on the books of said company where he, she or they shail have parted with his, her or their interest in such stock and shall no longer have possession or control of the stock certiticate therefor at the time of franuing such proxy or power; provided always that this provision shal not prevent any person or persons in whose name stock ball stand which is held by bm. or them as trustee or agent, and for which he or they holds or hold possession of the stock cer- tificate, from granting @ proxy for voting thereon. Any per- son who shall grant a proxy, in violation of the foregoing provision of this section,’ and any person who as prin- ¢tpal or proxy shall knowingly vote or offer to vote upon any shares of stock In eald company, in violation of the provi- sions of the foregoing alxth section of this act, sball forfeit and pay a penalty of 85 for each share of stock in respect of which he shali so grant such proxy or vote or offer of said company owning the stock upon which the proxy was granted contrary to the provisions of this action. It was expected that the Assembly Committee on Railroads would report upon tne subject at the morning session, but both morning and evening session passed Without any report being presented by either the majority or mmority of the committee. ~ Members of the committee were conferring with one. another during. the-day- in and out of the As- sembly Chamber, and the expectation of the other members of the House and of outside parties who thronged the galleries and filled the flodr was at the highest pitch. ‘They were all DOOMED TO DISAPPOINTMENT, it was understood last night that both the Majority and minority were ready to report this morning, and only awaited the order of business for the presentation of reports to be reached in order to hand to the House the conclusions they, had respectively arrived at on the subject referred to the committee for consideration, It seems, how- ever, that certain members of the committee were unable to make up their mindg' as to which siae of the question they would support—the Erie “Ring’? or the interest of the stockholders, The question has been hanging in the balance as to which would be the majority report—that in favor of the South- mayd bill or a new bill, which was being “COOKED THR FRIENDS OF THE ERIE, managers. were made in committee to in- duce the majority of its menfbers to report a bill drawn in the interests of the railroad ring. 1s bill was read to the other members by Mr. Smyth, to whom it was furnished by the Erie Ring, aud it has been taken as the basis of the bill, which the friends of Erie on the committee will report, It 1s nothing but @ cunningly devised fraud upon the stockholders, and in 1t8 operation would not re- move but would perpetuate the evils they are anx- tous to eradicate. In order to show the precise =~ CHARACTER OF THE FRAUD which the Erie Raliroad Ring have been seeking to perpetrate upon the le, send you the provi- ‘sions of this proj bill in foll:— AN AcrT in relation to the Erie Railway Company, repeal chapter 890, ar wo the elas: japter 960 of the Laws of 1869, #0 far as relates sification of directors of the Erie Railway Company, aod ‘er of e stock, and for the reduetiow of Its stock. . SKOTION 1. The act entitled an act to amend chapter of the Laws of 1868, entitled an act in relation to teenie ‘New York Central, Hudson River and Harlem Rail nies, passed May 12, 1869, being chapter 916 of 1889, is hereby repeated, #0 far'as relates to the of the directors of the Erie Railway Company. SRc. 2.—On the second Tue: of October _next there sha) be held at the office of the Erie Railway Company in the city of New York an lon for directors of sald pany, who shall be citizens of the United States at such elec. ton. All the stockholders of said company sail be entitied to vote, either in person or by proxy, according to the num- ber of shures neld by them respectively, subject to the regula. tions and provisions hereinafter contained and to those else- "ies ve Le fi mews SEC. 8. For. ys immediately preceding the holdin, of the election provided for in the last preceaian sections ine transfer books of the said corporation {n which the transfers of its stock are or shall be entered, and the stock I ledgers containing the names of stockholders of any, shail at al) times during the usual hours of usiness be fully open at the. offce of ‘com: pany to 16 amination of all tne stockholders, it sball the duty of the President an retary or Assistant Secretary said company, To bance at ail times to have and keep such books ich examination, by all such stockholders as. shall therefor, and to allow to them, respectively, ail Teaso! facilities for such examination and for taking coples or ab- stracts of the entries contained in sald books; and im caso of refusal or neglect by such President or Secretary to per- by this to Felter form the duties enjoined upon them respectivel: section, (ed party ed thereby shall be entiti —The transfer books of said company shail be closed on the second Monday of September next, at the close of business on that day, and sball remain closed until after the next election, and at such election no person shall be entitled to vote upon any stock unless the same was Handing in his name on the transfer books of said company on the day above fixed for the closing of the transfer books. From the time of the passing of this act until the said sec- oud Monday of September ext, inclusive, the said company shall keep ite ster’ Looks at ite oflice in the city of New York, and during the whole of auch period, during the usual hours of transact: ing business, shali permit all persons holding and being the beneficial owners of its stock certificates, with proper power of attorney for @he transfer of such stock, to trans- fer upon the said company’s books in accordance with such power of attorney; and such company shail thereupon issue and deliver to sucl on, or his agent or attorney so pre- senting such stock fortransfer, tts new stock certifici certiticates in the proper customary form in the wi of such transfer for such stock thus transferred, In case refusal on the part of the said company to comply with any provision of this section relating thereto, the party therepy aggrieved, in addition to any other legal remedies to which he may be entitled, be entitled to, enforce the perform- f such act by said company by alternative mandamus, be entitled to preference accorded by law in other f mandamus. 5 —The said company has_and shall have no right to enact, or maintain, or keep f force, any bylaw or regula. tion forbidding the’ transfer of any of iis stock upon-any trust oF agency created vy Jaw ; bat it may restrict the trane- fer of Its stock to cases of change in the beneficial owner- nd may forbid transfers of its stock to others Sethe beneCClal Gwrner of stock. within th wSzo, neficial owner of stock within the meanin, Of Us act anal De deemed to be all pers rns owning stock im ood faith, in their own right, or to whom such stock has en pledged for mot lexs than one-half “its market value at the time of pledge; but no one shail be deemed a henencial owner, even though he hold the stock certificates, who has issued’ any document intended to be salable as a represen- ta tich stock, Or who hold such stock under any trust y authorized by law. EC (0 person who 8 ve issued any certificate or other doctiment Intended to be salable, aa a representative to & ct of stock in the said company, or who saall have agreed hold stock for the benefit of the holders of said certificates: or documents issued by another Person, shall vote ot grant any proxy or power of y to vote upon any stock of (he said company, ex0g eb amount as shall stand. tn is x ount for which such or documents are outstanding, “hsolaa aps Seo, &.—Within thirty di after the passage the Chief Judge of Cominon Pleas for thevcty wecerant pot New York shall appoint three Commissioners, who si it forthwith proceed to ascertain the actual amount of cash de- rived from the issue of stock and bonds of the Erie Railway Company, 7] 8 in teed tome —* Raflway Company and expended in a the said im the construction of the Erte Raiiwi “ irchase of _proverty liway pie nd also ascertain the entire amount of the common and preferred stock and debt of the Erie Railway Company and the debt secured by the bee upon the Erie ali way, ni ‘on or before the fi y of June next, make office of the Clerk of the said Court a ag setting forth the fact #0 ascertained by them, and stating the amount at which the common stock of the Erie Railway Company should be fixed under the provision of this act, together with wvidence taken by them. Sec. 9.—Witnin ten days after the filing of the said report it ahnil be the duty of the said Chief Judge, or of such ciner Jadge-as may be designated by him in writing, to bear the complaints of any parties aggrieved by the action, of the said commissioners, and within ten days after such hearing to confirm or vacate such report by order ; and if the same is confirmed the order shall declare the amount of the common stock of the Erie Ratiway Company to be thenceforward fixed at a sum yaring by the rep to have been actually expended as aforesaid, after ‘Geducting therefrom the entire debt of said railway com: pany, the par value of its preferred stock ana the debt se- Cured by mortgage upon its property, but_adding twenty per cent to the, amount se thus reduced. If the report is va- ated tbo Judge makina the orver shall snew com. missioners or direct the vame commissioners to reconsider and their report, and a new shall be filed 10 Tike ‘manner: within thirty days, and the. like ahall be had and no conrertible ertiieate ahall 68 hereafter issued Railway Company. See Every of the ‘esmamon 1ock of the, gad company shall bé entitied to receive from it, within thirty days after the entry r of confirmation as afore- said, a certificate for the amount of his sick at the propor- ttonate value fixed by the order, in shares of $100 each, and surrender of the certi- kholder Cae ‘company. unt cate as herein provided. Src, 11—No dividend shall be declared or paid upon the common stock of the sala company in excess of okt per cent per anuum upon amount of such stock as fixed by the port and order aforesaid; and if the net Ss in gs become cient to warrant a dividend the rates of fare and freight shall be reduced until the surplus is exhausted. Ske. 12. commi ners aforesaid shall have power to examine witnesses under oath or allirmrmation and to compel the attendance of witnesses and the production of before ry ey shall receive a compensation of $25 'to-be paid by the said : of of the Erie Ratl- com] ay Doeapaay ee eer pany 1 wi at the office ‘company in Theeity of New York on the ‘Tuesday of October next, + vote the anal shall SEo. 14.—Sections 2, 8, 4, 5, 6, 7 and 18 of this act shall take effect immediately ;, other sections shall not take effect till accepted py the stockboiders in the manner prescribed by section 13. It will be seen that while the first section provides * for a repeal of the Classification act, so far as It re- lates to the Erie Railroad, it does not affect the offices of the directors, ‘The second section provides for an election, to be held in October, for directors, who shall be cite gens of the United States, while the Southmayd bill provides for an election of seventeen directors, to be hetd in July, under the proposed substitute, In the Southmayd bill, no number of directors being mentioned, it woud undoubtedly be claimed and probably be held in Court, that only three di- rectors were to be chosen at the new election, but that the remainder, who under tue classification had more than one year to serve, should still con- tnue in power until the expiration of their respective terms ofMce. Tne third section contuins provisions pretending to enforce the right of stockholders to examine the stock ledgers and transfer books of the company, and in case of failure on the part of the oificers of the company to allow such inspection provides that the party aggrieved shall be entitled to relief by alternative Mandamus, On the other hand, the Southmayd bill, n case of such refusal or neglect, gives the party aggrieved the right to summary re- lef by mandamus, ia addition to any other legal remedy to which he might be entitled under this Broposed bill relief is confined to alternative man- jamus, which process would in all cases enatte the oMeers, by putting in an answer, and thus getting the case put upon the calendar like an ordinary issue, to have the case postponed, thus making it impossibie for it to be decided until after the elec- tion, THE FOURTH SECTION relates to the transfer of stock, but it provides for the transfer only of what it terms the beneficial certificate owners of the company’s. stock, thus excluding all persons who hold certificates in trust for others, and under this provision tne foreign stockholders who, for convenience, have gene rally placed their certiticates im the hands of trustees, would be practically prevented {rom obtaining transier. The language of this section is taken to some extent from the Southmayd Dill; but with such alterations ag to make it in the in: terest of the present management, In this, as in the preceding section, tne aggrieved party is leit to scek @remedy by means of alternative manda- mus, or, In other words, a remedy which cannot be made available until after it could by any possibility be of any use—that 18, after the election of the stocknolders, The fifth section prombits any bylaws foroldding the transfer of apy stock upon any trust or agency created by. law, but expressly legalizes a bylaw restricting the transfer of stock to cases of change in the beneficial ownersmp, forbidding transiers to others than the beneficial owners. In other words, as no trusts or agencies for nolding stock are created by law, but always are by private cohtrac this provision practically prevents the transfer 0! stock to any trustee or agent, and excludes the bulk ofthe foreign stockholders ‘from; optaiming trans- fers, The sixth section defines BENEFICIAL OWNERS OF STOCK | as persons who own It in their own rightor those to whom it has veen pledged for not less than half its market value, and provides that no person shall be deemed a beneficial owner, though he :holda the certificaie, wno has issued any document intended to be salable as the representative of such stock, or who nolds the stock under any trust-not authorized by law. This provis.on 13 evi- dently intended as another fatal FLING AT FOREIGN STOCKHOLDERS. The seventn section expressly disiranchises persons declared by the preceding section be beneficial owners. The SOMALI of = this artful substitute, ib wil be seen, provide for a reduction of the stock, so as to represent the sum actuaiy expended on the road, aud amount practically to a contiscation ot the existing stock by the present Managers, except so far as commissioners to be appointed by the Judges of the Court of Common Pleas in the city of New York may prevent it. ‘Those sections were very complicated, and were evidently intended to work a great deal of miscmef if adopted, ‘rhe thirteenth section provid® for a meeting of stockholders onthe first Tuesday in Uctober to vote upon the acceptance or now acceptance of the bill, and the last section provides that No portion of it, except sections 2, 3, 4, 6, 6, 7 and 18, shall take effect until accepted by @ majority of the stockholders, It is plain that tis expressly defers the question of the re peal of the classification in section 1 until the Ist of October next, and makes the repeal contingent even then upon the sanction of @ majority of the stockholders at an election controlled by the present managers. Fur- thermore it be observed that under the de- cisions of the Court of Appeals it ‘undoubtedly makes the repeal of the Classification bill aud most of the provisions oi the act UNCONSTITUTIONAL AND VOID. Such is the which has been taken as the foun- | dation ot the which the friends ot the Erie Riog on the Railroad Committee intend to report to the As- sembly. It is understood tnat they have amended it by striking out the clauses concerning alternative Mandamus, thus leaving the law as it exists at pres- ent, and have omitted tne provisions for reducing tne stock of the company. Until to-day the ma-+ jority of the committee have been in favor of this ‘vill, but it 18 said this evening that Mr. G. W. L. Smith has at last concluded to sign the southmayd bill, which will be reported vy the members who have have hitherto been in the muinori.y. Mr. Whitbeck will present the report in favor of tne Southmayd biJl without amendment, accompanied by astatement of the reasons way it should be adopted. The report will also be signed by Mr. Lewis, with an aduitional proviso that THE DIRECTORS SHALL BE CITIZENS of the United States. This proviso has been added im order to meet the clamor of the company vat the management of the road was intended to be placed in the bands of loreigners. ‘The iriends of the stocknolders want the subject to be brought up for discussion in both houses as goon as possible, aud they feel quite confident that when it does so come up whatever bills may be re- pore will be so amended as to secure to the stock- jolders substanually the reforms now so urgently demanded, CHARTER ELECTION IN THE CITY OF NEW YORK. Immediately after the reading of the jouraal in the Assembly, the third reading of bilis being specially in order, Mr. Hawkins, having received unanimous consent to do so, introduced @ bili pro- viding for the Charter Election in the city of New York, . ‘The bill proposes to repeal the existing law upon the subject, and spectfles tuat the time for the elec- tron shail be the second Tuesday in April, 1872, It provides that within five aays after the py of the act each of the two Justices of the Superior Court shall appoint a suitable person for Commissioner of Elections, to whom ali papers and documents of every description shall be transferred, and thereupon the office of Chief of Bureau of Elec- tions shall be abolished, Any vacancy that may subsequently occur in the office of Commissioner of Elections snail be flied: vy the Judge who made the previous appointment. All powers relative to elec. tions conferred by chapter 138 of Laws of 1870 upon the Mayor or the Chiei of the ‘Bureau of Elections are transferred to the Commissioners, except such as are otherwise provided for by this act. The boundaries of election districts are to remain un- changed, It 18 made the duty of each of the Com- missioners to SpRCINE £0, AeEYS Ae the April charter election one poll clerk for each election district, INSPECTORS ELBCTED AT THE LAST ELECTION or who have since been appointed snail serve at that election, but the Commissioners are empowered to remove any of ‘hem by a unanimons vote, and the vacancy ts to be filled as foliows:—If the inspector belonged to the political party in the majority ‘then the vazancy shail be filled by the Justice of ihe Su- perior Court Who received the highest number of ‘votes at the last election, otherwise by the Vommis- stoner of Election appointed by thay Justice, On tne Monday, Tuesday and Wednesday of the week preceding the election the inspectors shall sit in their respective districts every day from nine o’cluck in the morning until nine in the evening, for the purpose of registering the names of persons who are qualified to vote at the election, e bill does Not interfere with the provisions of the new char- ter, but was framed, it is understood, in conformity with it, and to meet the necessities of the election provided for in the charter. AN INQUIRY INTO THE REFEREE BUSINESS. Mr. Fields introduced @ resolution, which was adopted, cailing upon the County Clerk of New York to report, within ten days, the titles of all the actions, motions and een! in the Supreme Court of the First Judicial district in which a referee, recelver, arbitrator or commissioner in ionacy has been appointed, the names of the attor- neys in each case, the names of the persons to whom the cases have been referred; the amount reported due the plaintiff or deiendant or tne amount of relief granted, the amount of costs and allowances in each case, the name of the Judge be- fore whom such proceedings were had and the Name of the Judge Py, whom such allowances or costs were made. The report is to embrace the lod from January 1, 1869, to the date thereof, and must Contain all the injormation upon the matters mentioned that the Lounty Clerk has in bis posses. sion. The resolution is intended to show up the in- terior workings of the Judicial Department, to ‘which reference 1s made, A TILT ON THE JURY BILI. During the third reading of bills, to which the Most of the morning session of the Assemuly was devoted, there was an interesting tilt between Mr. Fields and Mr. Judd over the bill_in relation to the challenges of jurors in criminal cases, ‘The bill pro- vides that the previous formation or expression of an opinion or impression In reference to the circam- stances upon which any criminal actions at law 19 based, Or ig reference to tne guilt or mnocence of the prisoner, or & present opinion or impression in reference thereto, shail not disquality nim to serve provided he shail declare on oath that he eves that he ean render a0 impartial ver- dict acco! to the evidence, and that the people and the a i, in all capital cases, shall ve en- Sitled to thirty peremptory challenges, Before the vote was taken Mr. Fields moved to refer tne bill back to the Judiciary Committee, with instructions toamend it by inserting the proviso that tne pro- visions of this act sail not api in the impanel- ling of a petit jury for the trial of any person charged with crime committed prior to ita passage, He sup- ported the proposed amendment with some re- marks, in which he argued that the effect of the bill ‘Would be to increase the quantity of evidence re- qui to convict, imcrease the expense of the Courts and facilitate the escape of criminals from justice. In repiy to the objections o: Mr, Fields Mr. Judd gave a clear exposition of the OBJECTS AND NECESSITIES OF THE MEASURE, and said it was carefully drawn, after mature con- sideration and alter consultation with eminent legal authorities, and was intended to secure boy es admunistration of justice, although it might against the wishes of lawyers who were inter- ested in having ignorant jurors before whom to plead their causes, Mr. Judd quoted the opinions of Judge Bedford and Recorder Hackett who, in their endorsement on the bill, stated that the Measure was just, not only to the people, bat to the prisoner; for as she law now exists it is almost im- possible to procure @ jury in any case of pubiic notonety, as the enterprise of the press was such that it procured sae publeaned every fact, even to the muinutest details, and there are but lew peopic in the community who do not read the papers and discuss cases #0 published. He said that since this bill lad been introduced, nearly two months ago, the Legislature of ‘Ohio nad taken it up, as publisned im the newspapers, and endorsed oy Judge Bediord and Recorder Hackett, and had pas it through both houses, Subse- quently the motion of Mr. Fields was lost, and the bill was passed, ‘The bill to confirm the title of certain persons to Teal estate, questioned by reason of their being aliens, by tormer owners, providing, however, that moving in the act shall affect the rights of the State iM any Case in which proceedings for escheat have been instituted, was read @ third time and p ‘The oifl in relation to DIVIDENDS OF LIFE INSURANCE COMPANTES, which passed the Senate, providing that it snail be Jawiul for any life insurauce company organized under the laws of this State to ascertain at any given time und trom ume to time the proportion of surpius accruing to each policy from the date of the last to the date of the next succeeding pre- mium payment and to distribute the proportion found to be equitable either in cash, in reduction of premium, or in reversionary insurance, payable with the policy and upon the same condiions as. therein expressed at we next succeeding date of sue payment, anything im the charter of any such company to the contrary notwithstanding, Was also Tead a third ume and passed, 2 Mr. Tobey, Mr. Alvord ‘and Mr, Husted each rose to a ‘question of privilege, with reference to some mussiaiement in the New York Word touching their connection and that of the Speaker with the resolution concerning tae informauon called for from the Insurance Department avout the investi- gation into the affairs of the New York Matual Lite Insurance Company, and the Speaker himself took Socasion to deny the truth of the published state- men ‘a8 @ juror, verily bell A GRAB FOR THE SPOILS. There is something rotten in Denmark as far as the one or two of the Senate committees are con- cerned, and the general grab for ‘bones’? is begin+ Bing to make itself very apparent, Everybody who Nas ever been at Albany Knows that members do not fight and struggle and beg and beseech to be put upon certain committees without, some good reason, and how everybody not a member of a com- mittee trackles to those Who carry some committee or other im their breeches pocket 18 @ fact too gen- eral! known to need more than @ passing ly ailusion, Under the circumstances, when a com- mittee reports adversely to any bill it very seldom happens that any memver ts bold enough openly to work to induce the Senate or the fouse, as the case may be, to “go pack,” as it 1s called, ‘upon the committee, by disagreeing with the report, and thus putting the subject in the mands of the Committee of the Whoie. However, when a report 18 made adverse to a oill in Which there is generally supposed to be a good “bone” to pick, and which te? committee have no right in the opinion of the “out- siders”’ tu pick at their own exclusive table, there 13 always somebody on hand ready to make fight with e committee. 1 do not mean to say that when to- jay 1n the Senate a motion was made and success- tully carried to disagree with the Railway Commit- vee’s adverse report upon the Mills bul and what regulating the CARRYING OF FREIGHTS ON RAILROADS, it was in any Way indicative of tnis peculiar kind of bone-picking desire, Still, the Way the vote was carried against the earnest remonstrances of the Cnairman on both bills, looked, to say the least, very suspicious, especially wnen the character of tne two bills 1s taken into consideration, They are botn of that Kind that might be—1 do not say they are—set down as avaiiavle “strikes,” ‘The Milis claim to run cars where the would-be incorporators ease over the Third avenue Railroad tracks may & valld one, although it does look apsurd on its face,as Senator ‘Tiemann opeoly pronounced 1t to be; Ses, alter We committee reporting aaversély, what ean be the intent of the Senators making sucn a tame over it, and 80 voung as to bring the subject betore the Committee of the Whole, Where they ail could have a say avout it. wid they Buspect that tue ‘Third Avenue’ Railroad had had sumetning todo with yétting the report made an adverse one, or ara Uney anxious to get a pick at tne bone, if there is any, themscives? ‘Tne way the ad- verse report upon the freight bill was taken hoid of Js open Wo the same criticisms as the Milis’ aifair. The Senators may have meant well—those who Were $0 aDXi0Uus to disagree with a standing com- mittee appuinted by themselves—but to pass such an extraordinary vote of want of confidence in a committee as was to-day in regard to the bills I have aNuded to, betokens certamly either of two things—the committee has lost caste with the Seuate or the Senate are anxious to do and get whatever they suspect the committee does or may do, or gets or May get. Which is which? Can any- Dody tell? THAT LITTLE COURT HOUSE. Senator Cock introduced a@ bili in tne Senate which, it 13 said, Was drawn up by the Supervisors of Queens county, Which asks Jor an appropriation Of $150,000 to build @ Court House, ‘fhe bill author- izeg the construction of the Court House at Mineloa, and thus will doubuless renew the old quarrel be- tween the people of Jamaica and Mineloa, Each ‘wants the Court House and each is'ready to cut the other's throat in order to get it, Cock favors Mine- joa, but Mr. Oakley, the Assembiyman here from jueens, 1s trying hard to have matters so arranged that the location of the Court House can be decided ‘upon by the people of the county taking a vote on the subject. ‘This, he contends, is the best way to decide the old feud, and it may ve that Mr. Cock’s bill will be so amended as to meet his views, THE NEW CAPITOL JOB. _.The Assembly met in evening session, and in- Guiged in speechmaking on general suvjects. The majority report of the committee on the new Capi- tol building was presented ard finally adopted, It declares that the charges against the commissioners and superintendents, to the effect that they had misused political influence and had been guilty of fraud, were not proven. Before the adjournment of the Assembly Mr. Mackey introduced a bill amending the Audit act. It is substantially the same bill already presented in the Senate. THiRD AVENUE ROAD EXTENSION, The Railroad Commitiee of the Assembly met this afternoon and decided to report favorably on the biil authorizing the extension of the Third Avenue Railroad, from Eighty-sixth street and Madison avenue through Eignty-sixth street to avenue A, aud thence to Ninety-second street and the Astoria ferry, and also to authorize the company to extend their track up Madison avenue above Eighty-sixth street as fast as the avenue is graded. ‘THE SEVENTY’S CHARTER, The Jomt Committee on Cities nad‘another hear- ing on the New York charter this afternoon. J. U. Miller addressed the committee, urging that the present Board of Aldermen be retained. General Spinola opposed the ninety-second section of the Dill, which pronibits appropriations to sectarian schools, Mr. Gardiner spoke chiefly in behal! of retaining the provisions respecting the docks, and urged that the bill should not beso amended as to have it go back to the House. Tne commitiee then adjourned tll to-morrow afternoon, when Messrs. ‘Upaane and Spencer will be heard in opposition to e bill. THE BILL FOR THE REMOVAL OF CITY OFFICIALS TO BE FAVORABLY REPORTED, At the meeting of the Assembly Committee on Cities this afternoon they aed to report favoravly on the bill introduced on January 3 by Mr. Twom- bly, providing for the removal, on the day after the passage of this act, of the Mayor, the Chamberiai tae Corporation Counsel, and Thomas C. Fields (a8 @ member of the Board having charge of the De partment of Public Parks of the city of New York), and empowering the Comptroller to make new ap- pointments to these offices. The new incumbents 80 appointed to remain in office until the end of the present year, or until some other appointment or election to the same offices shall be nad before that ae in such manuer as shail hereafter be prescrived y law. NEW YORK LEGISLATURE. SENATE. ALBANY, March 7, 1872, 7 REPORTS. To provide for better administration of estates of deceased persons; to authorize a double session of the Court. of General Sessions of the Peace in New York; to. incorporate the Union Stock Yard and Market Company; to alter the map of New York by closing a block of the drive between Seventy-second and Seventy-thira streets; to protect purchasers at sales of real estate of infants; to detine the powers and duties of assessors and collectors of taxes; re- Jating to the Erte Raijroad—it repeals THE CLASSIFICATION ACT and provides tor a new election of directors of the Erie road, that being the only company that has availed itself of the Classification act; it is the Ate torney Generai’s bill, With a few unessential amends ments, + BILLS INTRODUCED, To amend the charter uf the New York Loan and Improvement Company; it authorizes @ reduction of the number of directors, ‘Io provide for a new county site in Qneens county; 1t a R. Lawrence, bP ioee ahs He 0. i Xemeon, Ro Edward roughs, S. Riker,..James Nostrand and John Rush more commissioners, to build county vuidings at Mineola at a cost of $150,000, ‘The bill to incorporate the Bay Ridge Contracting Palmer, Perry, Madden, Ames, Woodin Company was passed, Messra, Cock were appointed onsthe part of the Senate pine jgomusizioe tO apportion the State Congres- stricts, ‘The report of the Railroad Committee adverse to the bill to regulate freignts on ratlroads was called up and the quest on par if the report should be adopted. The yeas and nays were called, and the bill sent to the Committee of the Whole by— yeas 20, nays 7, The negatives were Baker, Dickin- } Son, Madden, Murphy, Wagner and James Wood. INTRODUCED. To authorize the Supreme. Court J to have Jurisdiction when municipal corporations propose vo atd in the construction of a ratiroad, The Committee on Railroads reported adversely tothe Mills bill to authorize him to run cars over the Bowery and Third Avenue Railroad. Tne Senate disagreed with the report of the committee, and ordered the bill to the Committee of the Whole—yeas 16, nays 10, Adjourned, Assembly. ALBANY, March 7, 1872. WORE FOR COUNTY CLERK LOEW. Mr. FISLDS,.had consent. vo offer the following, Which was adopted :— Resolved, That Charies E. Loew, Crerk of the County of Now York, report to this House within ten days after the passage of this resolution the title of all actions, motions and proceedings in the Supreme Court of the First Judicial istrict, in which @ referee, recetver, or arbitrator, or com- minsiog ta lunacy, has” been appointed, thé names ol oF referees, each case, name of _ referee arbitrators, and commissioners, amount — reported plaintiff or defendant, or amount of relief granted; amount of costa ard aliowances 1m each case, motion or proceeding; the name of the Judge before whom such motions or proceedings were had, and nameof the Judge by whom such allowances and costs were made or glowed: sal a rapors, to emorace the period from January 1, 169, up to and including the date of this report. ‘The said Charles E. Loew is hereby directed to furaish to this House all information in his possession or under bis control, whether derived from papers on file in his office or on fle’ with or in possession of, clerks of | anid Supreme Courts or Clerk of the Chamber of said Court, caicu- lated to inform this House on matters referred to in this re- solusion. The Clerk of this House shall immediately fur- nish said Charles K. Loew with a copy of this resolution, Mr. Hawkins introduced a bill providing for A CHAR.ER ELECTION in the city of New York on the second Tuesday of April next. BILLS PASSED, To amend the actimcorporating the villace of New Brighton; to open and extend Soutn Eleventh street, Brooklyn; prohibiting directors and trustees of charitable instituuons from receiving salaries or compensation as such; to confirm title to real estate of persons, notwithstanding the alienage ot 1ormer owners, providing that property taken for salt works shall be paid for by agreement of appraise. ment; to establish @ bourd of health and of vital staulstics in the county of Richmond; authorizing life insurance companies to make an equitanle dis- tribuuon to policy holders of surplus earnings, Mr. ToBEY rose to A QUESTION OF PRIVILEGE and called attention to the criticism of the New York World relative to the resolutions caihng on the Superintendent of Insurance for testimony in ‘the case of the Mutua! Liie Insurance Company, and said he did not consult with the Speaker as to the necessity or propriety of drawing up and offering the second resolution, Mr. ALVORD said that he nad suggested the orm of the resolution to Mr. Tobey, and nad objected to , Mr. Husted debating the merits of the question as ont of order. He had had no consultation with the Speaker on ‘he matter. Mr. Husrep said he had made nis remarks with- out consultation witn any: one, he being @ poiicy holder in the Mutual Life, ana hence a member, and he sought onlv to protect that company irom attacks: made upon it. ‘Lhe SPEAKER sald he regretted saving a word in relation to the matter, The Worlds correspondent had charged that he (the Speaker) had been non- suited in a case against the Mutual Lite Insurance Company, and hence was disposed, out of revenge, to do what ne could against it, He said it was true that he had been nonsutted, but he had never found fault with the Judge rendering the decision, whose intelligence and justice were above re- proach, He had never had any feeling of revenge to gratify 1a the matter, and he added that when- ever he ‘found himself entertaining such feelings, while presiding over this House, he could teel that 1 was time to resign. Asto the matter before the House, he bad no recoliection as to making any suggestions concerning it, and u he had it must nave been in any to an inquiry as to when or how 1t could be brought before the House. Here the matter dropped and the passage of bilis was resumed, namely :— Authorizing towns throughout the State having excise money to expend the same; authorizing the extension of Gowanus Canal, Brooklyn; legalizing the action of the Brooklyn Common Council in do- nating money to Chicago sufferers; providing for the employment of stenographers in the Courts of the Fourth’ and. Fitth Judictai districts; providing for filling vacancies in judgeships in the Brookiyn vity Court, THE JURY BILL PASSED, Providing that previously expressed opinion shall not disqualify persons from serving as jurors, Mr. FIzLDS moved an amendment providing that the provisions of the bill shouid not apply to em- panelling peut juries nor to crimes commitied price to the passage of tls act. He opposed the ull On the ground that it was not constitutional, as PO a SED CG «linia cl tetas it increased the measure of testimony. Mr, JUDD defended the great necessity for such a bill, citing,.numerous cases in ‘ork where great dimeu'ty and expense through the want ot it. A mouon to recommit was lost, and the bill A concurrent resolution proposing amendments to the constituuon, fixing the pay of members of the Legislature at $1,000 per annum and ten cents Per mile going ana coming and paying the Speaker of the House $500 in addition, was adopted. been incurred MELANCHOLY AFFAIR, Religious Excitement and Insanity, Resulting in Suicide—A Whole Ft ly Deranged. About one o’clock yesterday morning a very mel- ancboly affair was brought to the attention of Cap- tain Cameron, of the Eighteenth precinct police, it being nothing less tnan thé insanity of Mr. Bernard Murray and his two daughters, Rose and Catha- rine, very respectable people, living at 262 First avenue. A few days ago Mrs, Murray was taken sick and died, without the rites of the Church being administered, which haa @ very depressing effect upon the widower and his daughters, They refused to be comforted, and all the advice and consolation offered by,fmends proved of no avail. Every day they became worse, and on Wednesday atl the whole of them became absolutely insane, and Captain Cameron, by request, Piacey them under the care of Warden Brennan, of Bellevue Hospital. In order that no harm should come to them they were placed in separate cells and Telieved of implements with which it was thougnt possible they might narm themselves. Silas Pearsall, the watchman, was instructed to look closely after the unfortunate family, and saw them ali safe up to three o’clock A.M. Soon alter Mr. Pearsall, in going nis rounds, discovered Rose, the eldest daugnier, twenty-five years of age, lying on the floor of the cell, apparently dead or dying. ‘The surgeon was instantiy informed, and on entering the cell he found Miss Murray to be dead. = She nad taken from one of her arms, upon which she had in- flicted asevere wound, with suicidal intent, previous to entering the hospital, a long tnuslin bandage, and wound it so ghtly about her neck as to produce strangulation, Veath must have ensued in afew momeats atter apviving the bandage. Coroner Schirmer will give the mater an investigation to- day, when the testimony of all the important wit- nesses will be taken, Should there be any blame attached to the nurse’s watchman or surgeon in attendance the evidence to be adduced will show it. It Was not expected that deceased would strip the bandage from her wounded arm and with is strangle herself. ' NEW YORK TOWN ELECTIONS, Republican Supervisors Elected in Dutchess County. POUGHKEEPSI®, March 7, 1872. The republicans of Dutchess county elect twenty- one of the twenty-four Supervésors—a gain of six over Jast year. The Board now stands twenty-one republicans and four democrat, Lindsley’s Supervisorship Secured. Ronpour, March 7, 1872, ‘The Boara of Canvassers have reconsidered their former action and have accepted the vote of Ron- dout district and given James G, Lindsley, repub- lean, @ certificate of election as Supervisor. The Board of Supervisors now stands eleven repnbii- cans and ejght democrts, Marlborough having elected @ democrat by one majority, instead of a re- publican, as at first returned. ELECTION IN MACOMB COUNTY, MICHIGAN. DerRorr, March 7, 1872, At a special election in Macomb county yesterday for Senator, Seymour Brownell (dem.) was elected by about two hundred majority. The county went repablican last election by @ small majority. SALT LAKE, General Sheridan’s Visit to Mormondom Postpoued—The Newly Framed State Con- stitation Forwarded to Washingtou—A unter Delegation of Gentiles to Follow to Prevent the Admission of Ut a State. SALT Lake City, March 7, 1872. Lieutenant General Sheridan’s visit to Utah has been postponed until later in the spring. Two of his staff oMcers, Colonel Forsyth and Colonel Shert- dan, arrived last night, and will soon make a mill tary tour through the soutn of the Territory to se- lect places for gti Doers LJ 4 located there this summer near the Navajo co , Passengers by the Union Pacidé Railroad predict Serious interruption to the road vy foods when the snow melts, More water has already appeared than has been seen on the road since it was constructed. ‘Apostie Cannon, Tom Fitch and ex-Secretary Ful- ler took the new constitution East to-day, and will ugh Congress this session, ine ee tice wilt pend ont @ delegation to prevent e that Territory from coming 1 as & State, 8 THE SWAMP ANGELS, The Blood Trail of the North Carolina Outlaws. How Lowery Avenged the Murders of a Father and a Brother. Cain’s Brand the Test of Admis- sion to the Gang. A WAR OF RACES. The Outlaws in the Swamps—The Judge on the Bench—The Ku Klux on Their Nightly Raids, ~ LOWERY BREAKS PRISON TWICE. Sheriff Hing, Norment, Carlisle, Steve Davis aud, Joe Thompson’s Slave Mur- dered by the Band. Killing the Outlaws’ Relatives When They Cannot Catch the Gang. The Ku Klux Und:r Taylor Slay ‘‘Make" Sanderson, Henry Revels and Ben Betha, the Praying Preacher. A PROMISE THAT WAS KEPT: “I Will Kill John Taylor---There’s No Law for Us Mulattoes.” AUNT PHCQBE’S STORY. The Hanging of Hender=- son Oxendine. Outlaw Zach McLaughlin Shot by an Impressed Outlaw. THE BLACK NEMESIS. LUMBERTON, N. O,, Feb, 27, 1872, In two previous letters {have described the per- sons of the Lowreys and some of their associates, and given the origin of the local feud which has Tun into an extended career of outlawry ana crimes, This letter will recapitulate the leading crimes on both sides, as derived from the best in- formation. : THE TWO ARRESTS AND JAIL-BREAKINGS OF LOWERY. Although Henry Berry Lowery swore an oath of revenge for the murder of his'father and brotherin 1865 he was not yet entirely given up to outiawry, and the republican poilticians and advisers of the people of Scufietown felt some sympathy tor him and sought to save him, These looked upon the murders of Harris and Barnes a3 partly justified, in the former case by tue monstrous character of the man, in the latter by motives of seli-defence ana the éollisions of the races in the war. The old slaveholding element of the county, how- ever, unaware of the scourge of humanity they were creaung and tne talent as an outlaw leader he was to develop, resolved to have and to hang him at all hazards, They found that he was to be married to Rhody Strong, the most beautiful girl In Scuietown, and, surrounding the house on the nigat of the cere- mony, they took lim from the side of his bride—one A. J. McNair accomplishing his capture. The jail at Lumberton was then in asnes, and the county without a safe receptacle for THE YOUNG MURDERER AND BRIDEGROOM, then only twenty years of age. He was therefore conveyed in irons to the jail at Whitesville, Colam- bus county, twenty-nine miles from Lumberton, Here the desperate young husband filed bis way out of the grated tron window bars, escaped to the woods and made his way back to his wile, Thi was in 1866. In the interrupted enjoyment of family happiness Henry Berry Lowery expressed a desire to quit the swataps and return to his carpenter's trade ana peaceful society. His republican friends labored again in his behal/, and they resolved to plead the proclamation of oblivion for offences committed during the war, issued py the federal department commanders throughout the South, Or. Thomas, Freedmen’s Bureau Ageat at ScaMetown, arranged with the Sherif, 8. A. Howell, that it Lowery freely gave himself up he should be well fed, not bé putin irons, and protected from violence by the mob. United States troops at that time were quartered throughout North varolina and the rebei element ‘was discouraged, ‘The Sheriff and Dr. Thomas called for Lowery at his own cabin, near Asbury church, and brought him into Lumberton ina baggy. A new jail had meantime (1868) been erected in the outskirts of the town, constructed entirely of hewed timber, Lowery was for a time tractable, quiet and confia- ing in his advisers. Tne SULLEN HOSTILITY OF THE TOWNSPEOPLE— natural enough, no doubt, toward the mure derer of two citizeus—soon began to develop, and complaints were made that Lowery had three meals a day, and not two, like the otner prison- ers; He was fed from the outside by a shoemaker, who algo acted as jailer, and this good treatment, added to reports of his proud and unintimidated bearing, led to a public cry tnat he ougnt to be ironed and put on hard iare. It is charged also— and the story was told to me by three different per- sons living wiiely apart—that some of the towns+ people, hearing of the l'ne of defence to be assamed for the prisoner, had resolved to drag him from Jail and drown him,in the river at the foot of the jail- yard hill, Atany rate Lowery grew suspicious and uneasy, and periaps chafed at confinement, One evening, as the ja!ler appeared witn his food, he presented @ knife and a cocked repeater, and said:— “Look here, I'm tired of this, Open tiat door and stand aside. If you leave the place for fifteen minutes you will be shot as you come out | He then walked out of the jail, turned down the river bank, avoiding the town, stopped at a house and helpea himself to some crackers, and, cross~ ing the bridge, was never again seen in Lumberton, THE BAD CHARACTBR COMING OUT. From that day to this he has led the precarious life uf @ hunted man and robber, killing some- times for plunder, sometimes for revenge, some- times for defence. He h@® refused to trust any per- son except those who by bloodshed put themselvew out of the pale of society like himself, and he haw collected a pack of murderers whom he absolutelyr commands, and who have finally diminished to five,/ the rest being sent off as unworthy, useless Or une congenial, “my band is big enough,” he sald last weed, “They are all true men and i could not be as safe ‘with more, We mean to live as long as we ¢ te kiN anybody who huats us, from the Sherif down, and atlast, if we must ate, to die game."” To another person he satd, “We are not allowed