The New York Herald Newspaper, March 20, 1872, Page 4

MAYOR HALL. Judge Daly Reserves His Decision on the Law Till Thursday. THE guy DISCHARGED TILL TO-MORROW. FIFTEENTH DAY'S PROCEEDINGS. Yesterday the argument of counsel for the prose- cution and the deicnce in the case of the People of the State against Mayor Hall was resumed trom the point where it terminated at the adjournment of the Court onthe previous day. The question now in controversy has exercised the legaiacumen and forensic endurance of counsel on either side almost as much a8 did the discuss.on on the question for and against receiving documentary evicence on the frst days of the trial. The obstruction that now Dlocks the wheels of the icgal machinery of the Court hes in the objections raised by counsel for the @efence—iirsi, as to the coustitutionality of tne Court after, as they claim, the termination of the | trial by the death of one of the jury sworn to try it, continuing the term of the General Sessions, Recorder Hackett having since then opened a fresh term of the Court; and, secondly, as to the empanelling a second jury to try the case, continue ing, as the right is contended for by the prosecution of continuing, the elevea jurors already sworn as eleven of the jurors 10 try the case, The whole of the session yesterday was occupied in discussing tbls double question, It was not @n occasion of much interest to the few spectators that from time to tiine dropped in fora while, and after a littie quietly retired. The reporters of the Press wearied over the monotonous readings of counsel of the authorities bearing on the case, and ‘Which seemed to be so open to diverse interpreta- tiong that the same authority depended upon by the Prosecution to sustain their case was appealed to by the defence to overthrow their opponent’s posi- Vion, Mayor Hall looked his old self in every respect, Save an ocvasional shade of languor that in spite of im would steal over his face, and now and again a nervous twitch of impatience, Which indicated that his hitherto unassailable good temper and happy disposition was being worsted by tne harassing de- lays of the trial to which he had been looking for- Ward for an honorable acquittal from we charges ‘of omission or commission, of certain acts in his Office of Chief Magistrate tnat have been preverred Against him. it is only natural that the Mayor should jee! depressed and irritable, for nothing is ery calculated to excite such feelings in aman olding high oMice under his iellow citizens than to be under charges of being faise to his trust, and be debarred ior eve so brie! atime from proving his innocence thereof, When the Court opened Mr. Pecknam asked, as there Was some idea that the term expired at noon, That the Court would at once make a further exten- sion, which the Court direcied. Judge Daly then asked Mr. Sparks, the Clerk, to state What was the history of this session. Mr. Sparks explained it was tne November term djourned trom time to time, and that the March rm had been organized by the Recorder in the ‘usual course, and was now going on. IN CONTINUES HIS ARGUMENT. then rose aud said that aiter a most carelul examination ol the points the counsel tor the prosecution nad come to the conclusion that there was no legal objeciion whatever to the course Proposed by himon Monday—viz., that the eleven Jurors ve discharged trom further considering their Verdict, their names be returned to the box, re- drawn, subject to challenge, and then a@ new panel summoned to Dll any vacancies. He claimed that it was the duty of Judge Daly to conunue the term, especially in view ol the consent 0: the parties that His Honor should preside. He urged that any otner ruling would be to produce great injury, and should Not be made utiess the statutes were peremptory in lorbidding a continuance. He wouid, betore pro- ceeding furtner, subinit a SERIES OF PROPOSITIONS drawn up and accepted by couasel for the prosecu- tion as their views 01 Une cas PROPOSITION L. When a juror ales alter the commencement of a trial in criminal case the Court should discaarge the eleven jurors ‘om giving thelr verdict, and should order that their names be called over again. inctanver, or, what would be the eutne thing in the present case, direc: that their names be returned to the box and immediately drawn again. ‘Tne parties should then be offered tueir challenues ani a panel ordered to Bupply the twelfth juroz ana such others as may Le neces- $AFy to take the places of thowe wun, upon challenge, have meet aside. The twelve must be sworn de nov» and the examination of winesses begin acain. Such proceeding would be legal and regular, even in a capital cave, agaluat ‘consent and objection of the prisoner. PROPOSITION 2 This trial having commenced without the mterposition of any plea to the jurisdiction of the Court, as it was then pa iarise tah appitcation to withdraw the plea of not atti for the purpose of presenting such plea, jurisdiction at me must be pursued, and it would be coutrary to all modes of practice to permit such jurisdiction to be ques- tioned in the pefore thé same Court. To allow any interioc ation to ascertain whether facts have occurred in’ the meantime to deprive the Court. of such Jurisdiction would be an unseemly proceeaing, without dig- ity, authority or precedent. PROPOSITION 8. | indulge an inquiry into the question whether it had jurisdiction then, or the further ques ton whether such jurisdiction has ceased to exist, it witi be manifest that its the right and duty of the Court to eontinue to hold the term unt thie case shall be tually trled aud de- termined. PROPOSITION 4 When the presiding Judge touk bis piace upon the bench of this Court itappeare., boin the oruer of the Court recit- tng the consent of the de‘endant, and it was apparent to the actual observation of the Judge, that the contingency bad occurred which made it one of the duties and functions of such Juage to preside at such term. Any interpretation of the law wuich would arrest his proceedings in @ wilal of reat public importance and put an end to all his authority over the case when ao juror dies, should only be adoptea where there {a no other mode of construing the statute, Such construction would hold out inducements to the defendant to prolong the trial until such or some similar state of affairs should arise, It would tend to impair the proper dign.ty and authority of the Court, introduce great uncertainty, expense, delay and pub- Ue inconvenience inio the administration of justice, and should receive no favor from the Court, Pr POSITION 5. ¢ Nor ought the accidental circumstance that by time the period for the regular t of this Court hi rrived ¢ Upon the question as The statutes hereafter pee of Co i power to continue the term so Jong as it may deem proper, either to dispose of a single case or any cases pending in the Court, must receive fuil effect. Such eifect can be given to these’ statutes, and also to the statute providing for the regular terms, by allowing both terms to coutinue and reearding both as regular. But if one ‘must yield to the other, then this term having been continued regularly until the time for holding the other arrives it flows into the other and takes its piace, This Court peing right, fully in session it cannot be supplanted by another term of the same Court, any more than two persons can actually be in possession of the same office at the same time, PROPOSLUION 6. Ifthe interpretation that the commencement of another term puts an end to the power of the presiding judge so that he can proceed no further after a juror dies, then the same interpretation would terminate his’ jurisdiction In case the evidence had been closea and the jury had even retired for deliveration, and wov'd lead to results unjust, unreasonavle ‘and hostile to the public interests, PROPOSITION 7, By the laws of 1846, 1809, 1462 and 1872 this Court bas tull power to continue the term as long as the presiding judge deem necessary, and this power, being inherent in the rt and created by statute, can neither be abridued nor impaired by the presence or absence of its own orders. But Af the power depenced on tts orders tt is @ continuing power, and according to the settled rule of interpreting similar owers, conferred for the public welfare, 1t Js not exhausted & single exercise thereol. Indeed, this point 1s settled by — of 1872, aod is now solemnly adjudged vy this TION 8, ry to the proposition embraced 4m the last point, that the order of extension might operate as ap abridgment ‘of the lecal powers of this Court, then ft ie clear that the tirst order granted by the present presiding judge + DY its oF ms, reatrict the power of the Court #0 that it cannot to ‘a trial of this case de now, but only tixed a py time for ite continu. g yet arrived, it js entirely PROP If the Court shat} hold, cont tod ance, and such time not havic competent for the Court still further to eviend tt. This que. tion also bas been practically adjudged bv the subsequent orders made by the Court, and is clearly eureced i wed covered by the exhaustive opinion already pronounced, PROVUAITION ‘The authority of this Court | in the present exiency upon the same od under which the 600 juroy ready been sum- and under which Circuly a Courta of Over cling where such jurors are summoned after the commencement of a te ‘nd is sanctioned by the plaivest provisions of the satuiene PROPOBITION 10, our days hav F and the competency of evidence, moat of which time ma: saved if ‘ihe ial pow proceeds, All parties have agreed pon n x1 nd delay wilreguit trois tse pompanement of the tral, ‘The right of the defendant to a speedy trini, the it public Importance Of the cuse and all those considerations which aro usually deemed material in the administration of justice in criminal cases require that at any reasonable sacrifice of personal in- clination or other duties jess momentous on the part of court, jury, party or counsel, the trial should t this term, Serote the present presiding judge, to its final termination. Mr. Tremain, in a lengthy speech, argued these positions exhaustively, ARGUMENT FOR THE DEFENCE. Mr. Stoughton sald they bad no desire to submit ‘any observations unless the Vourt desired to hear vem—that 18, not to argue if the Court had already .ormed @n opinion on the questions, Judge Daly said it was not bis habit to form Opinions on tmportant questions until be had heard aul views which it was thought proper to submit to Am, Mr. Stoughton said asomewhat impassioned ap- had been made to the Court vw proceed to Mainiain its dignity. Its dignity, it seemed to him, could be best maintained by a strict adhe- rence W the law. lt would be unpleasant and a waste of time on the part of the defence to proceed with @ trial, a conviciion im which Could not be pleaded afterwards as a par to @ fresh trial on the same cause of action, which the spirit which seemed to lospire this prosecution might institute, He understood fis Honor to ruie that there was now no ‘double session” of the Court of General Sessions. His Honor haa avowed that be would not exercise ® doubiful jurisdicuon nuW YORK HERALD, WEDNESDAY. MARCH 20, 1872.-TRIPLE SHEET, in his contin. very soon, almost as ud be sworn, Meanwhile the prosifing Juage could consult with the Recorder, and a ‘double session’’ could be ordered for April, Judge Daly said he could not, in this case, consider questions of expediengs, The prosecution insisted on going on. He must decide what the law was, and he should take that responsivility without re- gard to other considerations, Mr, Stoughton contended that in deciding a ques- lion of doubtful construction of a statute such con- siderauons might be taken into account, He had noi yet seen the English cases to waich the Court ha alluded, Judge Daly here gave Mr, Stoughton several refer- ences to English cases where @ juror had been inca- pacitated during his trial, The chief case Was that oi Kex vs, kdwards, Mr, Stougiton contended that the decision in this case Was nol as to the proper form of procedure, but as to an old doubt whether, where once a prisoner had been “in Charge of @ jury,’ he could ever again be tried, aud whether thé death or sickness of a juror did not inure to his benefit, He claimed that | this motion involved three distinct things—First, me discharge of the juror; that would end tis trial, second, the revurh ofthe cieven names to the box. Suppose each side should use all eight or their challenges, only three would be left, He would Call attention 10 @ statute of the State that no jurors should be drawn unless there were twenty- four names in the box, Jude Daly said he should adopt the course of the Englisn case, and call their names over, Mr, >tougnton imsisted that once the jury was dis- charged the trial would be in the condition of the commencement Of a trial, The parties to it would be at liberty to make any of the motions allowable at che commencement of @ trial, to quash the in- dictment, to move for an adjournment or any other motion proper at the beginning of a trial. Mr, Burrill succeeded Mr. Stoughton, and con- tlaued to address the Court up to the fime of ad- Jjournmeut. In the course of the argument Judge Daly sald if Mr. Burr was correct the vudges were wrong for 4 quarter of @ century in summoning extra panels, Mr. Burmll—Excuse me, but it is nothing unusual to find jurors moorrectly summoned at this side. We acctientally discovered that the panel was drawn in this Court for jour years without # ballot box. The Clerk said he never saw one. I noticed that all the jurors were drawn irom the letter 3, and when I asked what that meant he said he went through them be) igor (Laughter. ) Judge Daly—Yes; I recoliect that case. No one ‘Was more surprised than the Judges to learn that there was no ballot, He was a new Clerk, and he bins his own way of carrying out the requirements of law. The Court was then adjourned to eleven o'clock on Thursday morning, when Judge Daily wiil give his decision. At the request of counsel tor the prose- cution, he granted a session lor further argument to- Gay, Without the presence of the jury. THE COURTS. Alleged Forgery of a Distiller’s Bond—Decision in Admiralty—Violation of the Internal Revenue Law—The Ward’s Island Liti- gation—Action on a Note—Busi- ness in the General Sessions. UNITED STATES CIRCUIT COUAT. Criminal Cases. Yesterday Judge Benedict entered Court at the usual hour and proceeded with the trial of criminal cases, The Judge stated that he woulda sit for two weeks lor the purpose of discharging the business upon the calendar, BANKERS AND BROKERS AS JURORS. Agentieman named Gibson, who had been eum. moaed w attend as & petit juror, asked to be ex- cused on the ground that his business, as a banker and broker, would be much injured if he were, as a Jaror, ovliged to absent himself trom tt. Judge Benedict—I must refuse the application. I canuot make any exception in favor of bankers and brokers. 4 NOLLE PROSEQUI. On the motion of Assistant District Attorney Purdy a nollie prosequi was entered in the case of -George Wendelkin. ‘the accused had been indicted Jor dealing in counterfeit money, and iis death nas Tecenuy taken place, Alleged Forgery on a Distiller’s Bond—Alleged “Straw Bail.” The Court then proceeded with the trial of William Messick, who is indicted for having forged a bond Jn the case of the United States vs. Twenty-rour Barrels of Distilled Spirits at No. 10 Cedar street, This matter involved one of those affairs which are classea 1a the Court under the caption of “straw bai.” The defence set up was that at the time of the commission of the alleged offence Messick was insane—morally insane. Among the witnesses called was the mother of Messick, who gave evi- dence to the effect that her son gov @ sunstroke about three years ago; that from that time up to the present he had not been in Dis might mind. and that a physictan stated he was crazy and advised sending him ta lunatic asylum; he was under the impression or convic- lon tuat be Wasa man of Vast wealth, When, in point of fact, he was not the owner of @ dollar in the worlu; he was once well off andi very com- foriabie circumstances, but he had lost the whole of nis property; he has lived with his mother ever since he received the suustroke; he has peddled twine for @ living, and given his mother a portion ot tue money he got ior it; is memory was very mucb impaired; he could not remember on one day What had been done on the day before; he would talk rationally on sujects for afew moments and then wander, The witness added that she tnougnt her 80u had got better since his imprisonment. A sister of the accused, Mrs, Noyes, deposed that some few days before her brother put his name upon the bond she and her mother bad arrived at tne conciusion that he was out ot hig mind, ana that they would nave to send him toa lunatic asylum; he complained much about pains in his head, and would get up at night and vathe his head with cold water; lis general conduct showed that he was insane; he sometimes kicked nig mother; he had lived with them seven years im that condition; it was his havit to boast that he was the owner of a large property, but his mother and sister paid no atiention to him, because they were fully aware of the fact that he did not own any property or possess any money whatever. Mrs. Underniit and Mr. Magnus gave somewhat similar testimony, Lewis H. Dickerson, & lawyer, deposed that he knew the defendant thirteen or fourteen years; de- fendant would come into witness’ ollice sniggering, and boasting that he had a great deal of property, and would then ask witness for five cents to go home; Witness said to him that if he had so much property he ought to get a mortgage upon it for the purpose of raising and having some money; wit- ness believed Messick was in such astate of mind that he would do anything he was told to ao. Mr. Middleton and Aiexander B, Clement were also examined as to the defendanv’s state of mind, One of these witnesses said that on one occasion Messick came and told him that he could buy a large cigar store, with a valuable stock, for $35, and wanted witness to advance that money; his mind ‘was getting worse since he had been separated from his wife and family, Jonn A, Shieids, United States Commissioner, testified that the defendant was arrested ond brought before him; the man appeared to be ex- ciled; he stated that other parties had instigated him to sign the bond; he gaye their names, and when these parties appeared Messick sald they were the persons he had named, but that they had not done anything. On cross-examination Mr, Shields said Messick asked for an examination. Meaical evidence, including that of Dr. Franklin W. Hunt, was given to show that Messick was in such a low mental condition that he could, by a clever person, be almost induced to do anything. lengiathitt testimony was given by Mr. Sidney De Kay and Mr, Emerson, of the Uniteu States District Attoney’s office, with the View of showing that Mes- sick Was a person Of ordinary intelligence, 80 far as they could judge from the statements he had made nin their oMictal position respecting the bona, Dr. Mer Jitn Clymer testified to the effect that ne had made two examinations of the defendant, who had exhivited to him no delusion, illusion or hallu- cination. He believed him. to be sane. Dr. Hogan was examinéd upon the same point. Tits testimony weut to support that of Dr. Ciymer. The furtaer hearing of the case Was adjourned tll this morning. UNITED STATES DISTRICT COURT—IN ADMIRALTY. Yesterday, In the case of the New Jersey Lighter- age Company vs. fhe Steam Tug A. Voraing, Judge Biatcaford dismissed the livel, witu costs. SUPREME COURT—SPECIAL TEAM. The Ward’s Isiand Litigation. Before Judge Ingraham, Alired E, Beach et al. ve. The Mayor, &¢.—The particulars of this ligation having been pubiished 4n full in the HERALD at the institution of the suit, do Not require to be repeated. It mvolves, as will be ered eq, large and valuable interests in lands on Wara’s Island, for the ownership of which the re are & large number ot claimants, aportion ot such land being some of that now used as road- ways, and aiso certain sections between high and low water marks. ‘The Judvo yesterday rendered his decision in the case. After reciting the various [eyed raised On both sides as to the ute tothe lands, in question he gives we following as nis conclu. sions:— First—My conciusions are that the ploces of land o some of the defendants in which the p'ainud has yeh and such pieces of the land between high and low water as ‘are held adversely for wharves, ant the roads, with the land below high water in front of the termination of such must be excluded from thie partition; and ihe det who are interested therein and have no portion of the lands sought to be pariitioned may ha’ laint dismissed as to them, with costs. commissioners shall ba a polated As make artition, as far as may be done, among the several owners, Brito much of them av so consent in uniting thelr shares 11 common. Third—That such portions as cannot be #0 partitioned 0" thereof, to be ascertained b; without detriment to the value 10 be tained by 1 ele report of the commissioners, be sol the defendants whose fare peosiaad shares are not set off to them as be- SUPERIOR COURT—TRIAL TERM—PAAT |. Geuing = Leg Broken, but Getting No Damnges for It. Before Judge Barbour. Samuel Lederer vs. Joseph Ehrenheld.—The piatn- tim, by his guardian, brought suit against tne defend- ant to recover $5,000 damages for a broken leg. The Plaintit?, who is nineteen years old, was in the em- ploy of the defendant, a tobacco manufacturer, and While engaged in assisting to hoist a cart of tobacco had his leg broken, e evidence showed that with due care he could have kept at a safe distance from the canna @ Verdict was ordered for the defend- ant on the ground of contributive negligence. See SUPERIOR COURT—THIAL TERM—PART 2. A Note Case and Round Sum of Interest. Eugene Kelly et al. vs. George W. Ferguson.—Tnis Was a suit on @ promissory note for about ten thou- sand doliars, given in California in February, 1895, and made payabie in gold. 1¢ was set up that the nove had been aiterea after being signed, and usury Was also pleaded in bar to payment. Tue jury found thav the erasions and alteracions ot the note Were made previous to its being signed, and we Court ordered, @ verdict for $32,000 for platutills, COURT OF GENERAL SESSIONS. Another Emigrant swindler Sent to Sing Sing. Before Recorder Hackett, The first case tried by a jury in this Court yester- day was a charge of grand larceny against John Edwards, 1t appeared from the testimony of the complainant, Andrew Rennie, who had engaged a Passage to return to Scotland, that on the morning of the 9th of this month he and a fellow passenger Went into a drinking saloon near Pier No, 47 North River, and while there the prisoner engaged them in conversation and requested Renate to take charge ol @ “sick brother’ who was going on the same ship, The complainant consented Lo do so, and then took a walk with Kawards, While going along the street a ‘‘gentieman” approached Edwards and Dresented him with @ bill, demanding payment in gold. He (Edwards) took out his pocketbook and exhibited @ roll of greenbacks, aad, turaing to Uhe Scotchman, requested the loan of thirteen sovéreigus, which he handed over to him. Tne “euueman’? left and Edwards requested Rennie to Proceed to the ship to look after bis ‘sick brother,’ Promising soon to joi him, ‘he duped Scotchman Teturned to the vessel and not finding the “sick brother’ of his new acqualutance came to the con- clusion that he was swindled out of his money. He went to station house near by, and frome de- acripuion given by the complainant of wards he Was arrested the same eveling and positively iden- tihed as the confidence man. The defendant tes- tided in his own behalf, stating that he never saw Rennie until he was contronted with bim in the station nouse, A barkeeper in a liquor s.loon tested that at the hour when Reunie say: was induced to rh pal with his money Edwards was iu the saloon. Joho Masterson testified that he had employed Edwards “olf and On” to tuke money to the bank, and always found bim honest; but the jury did not place an: contidence in the senior Weller’s patent defence, “a halibi,”’ for, after a short deliberation upon the case, Which Assistant District Attorney Stewart placed forcibly before them, tney renaered a veraict of gully. Mr. Howe moved for a new trial, contending that the evidence showed that the complainant loaned the mouey and that the larceny Was not established. The Recorder denied the motion, and in sentencin, Euwarus said that he supposed the conviction an¢ Pde a punishment of so many emigrant swindlers a this Court ought to have deterred the prisoner and his coniederates from continuing their depre- dations upou emigrants, Five years in the State Prison was tite senteace passed upon Edwards, An Acquittal. Nicholas Van Pelt, charged with shooting at John Waliace on the 19th of February, was acquitted, Alleged Abduction. Late in the afternoon a jury was empanelied PIGEON SHOOTING. Match for $500 Between Ira A. Paine, of This City, and Richard Wood, of Chester, Pa.— Paine the Winner—E. Staples Beats J. Johnson a Match. The first of the home and home matches between Ira A. Paine, of this city, and Richard Wood, of Chester, Pa., came off yesterday afternoon at Dex- ter’s (the old Hiram Woodrug House), on the Jamaica road, the grounds of the Long Island Shooting Cluv. ‘There was not @ large attendance, but this may be accounted for from the threatening state of the weather. Several gentlemen from Philadelphia Were in attendance who came on with Wooa and who backed up their favorite at even money. The matches are for $250 & side, and the return one will take place in tne neighborhood of Phila- aelpmia on Tuesday next. The conditions of the matches are that the contestants shall use one and a half ounce of shot, to find, trap and handle for | each; otherwise the Rnode Island rules are to gov- ern, ‘The rise was twenty-one and the boundary eighty yards, ‘The shooting was very good, considering the va- riable state of the weather, as during whe time of the shootiag it rained, hatled, snowed and blowed alternately in fitful gusts, much to the annoyance of the spectators, Patue’s snoouung at times was excel- lent, particularly when he had dificult birds, but nearly all his misses were at birds that the greatest tyro would have hit. Wood shot very well, but he did not come up to the expectations of his backers or those who had heard of his beating Miles Johnson and other professionals, Ira A. Paine can beat him easily, all things equal. Mr. Lampnrey acted as referee. Awaiting the arrival of Mr, Wood and friends, E. S. Staples and W. J, Jonnson shot @ match of twenty-three birds each, the former giving the lat ter three birds, for which Johuson allowed Staples four yards advantage in the rise; Staples shooting twenty-one yards from the trap and Johnson at twenty-five. Mr, Staples won the match, killing seventeen birds, Mr. Johnson scoring fourteen, ‘The following are the details of the PAINE AND WOOD, MATCH. PAINE, woop. 1,—A towering bird; 1.—A quartering bird grin killed. An easy to the left; well Killed, 0 al A dead shot. 2.—A driving bird; well 2.—Thebird just jumpea killed. A aead shot from the trap when ne 3—A quartering bird was knocked over, 3.—A driving bird; hit to the right; instantly ped, killed. hard, but escape 4.—A quartering bird 4,—A driving bird; hit to the left; missed. This hard, but escaped, He me @ slow, easy bird to Was @ Very rapid filer, 6.—A quartering bird 6.—A quartering bird to the let.; Killed quickly. to the left; was soon This was a véry slow knocked over. It wasa bird. rapid bird. 6,—A fast drivéng bird; 6.—A driving bird; well weil killed, A capital killed. ‘This was a very shot. fast flier, 7.—An incoming bird; — 7.—A driving bird; well easily Killed, killed. 8.—A quartermg bird to the right; well killed, ‘The bird was a streamer, 9.—A fast driving bird; 8.—A driving bird; hit hard and fell dead out- side of bounds, A miss Scored, %—A quartering bird to the might; quickly well killed, This was a killed, fine snot, 10.—A driving bird; 10—A driving bird; killed instantly. Inissed. 1L—An incoming vira; quickly killed, ‘Ibe bird was long before starting 1L—A quartering bird to the rigut; missed. Tne shot weut under the pig- to try an indictment against William Dennis and Mary Florence charging them with abducting Caro- lune H. Moore and inveigling her into a house of lliame. ‘The case will proceed to-day. COURT CALENDARS—THIS DAY. Surremr Court—Orrcuir—Part 1—Heid by Judge Barrett.—Nos. 951, 1487, R. C. 217, 169, R. C. 155, BOLL, 10049, 837, 793g, 12233¢, 1269, 1209, 1613, 352, 1118, 1143, 1869, 396,- 701, 723. Part 2.—Adjourned until Thursday, March 21, at eleven o'clock A. M., in respect to memory of Judge WAltung and to at- tend the funeral. SUPREME COURT—SPECIAL TERM.—Adjourned to Monday, March 26, at eleven o’clock A. M. SUPREME COURT—GENERAL TERM—NoTICE—Term for April, 1872.—A new calendar will be made up for April term, and new noves of issue In all cases must be fled with the clerk on or belore Saturday, March 23, SurReME COURT—CHAMBERS—Held by Judge Car- qooree est Called at twelve M.—Nos, 17, 46, 47, 60, 65, 85, 87, 89, 95, 125, 140, 14i, 164, SUPERIOR CQURT—TRIAL ‘TERM—Part 1—Held by Judge Barbour.—Nos. 1811, 1067, 14y7, 183, 1599, 1659, 1697, 1165, 1699, 1767, 1509, 1543, 1845, 1847, 1849, Part 2—Heid by Juuge McCunn.—Nos, 324, 760, 640, 1088, 382, 1010, 624, 648, 90, 810, 1046, 1218, BY, 808, 1 06. COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Van Brunt,—Nos. 1801, 35, 1494, 1499, 1500, 1oU2, 1602, 1603, 1504, 1505, 1506, 1507, 1508, 1509, 1610. Part 2—Held by Judge J. F, Daly—Parts open at eleven A, M,—Nos, 710, 930, 906, 106534. By or- Ger—1829, 1015, 1083, 1268, 1409, 1269, 1456, 1495, 1496, 1497, 1498. MARINE COURT—TRIAL TERM—Part 1—held by Judge Gross.—Nos. 8915, 7790, 8016, 8080, 8143, 8240, 8247, 8284, 8342, 8909, 8913, 8970, 7126, 8351, 6352, Part 2—Held py Judge Ourtis.—Nos, 7650, 8121, 8192, 7335, 7606, 8191, 8160, 7331, 8117, $150, $225, 9043, 8257, 8238, 8291, 8236, 9183, 8231, 8153, 8310, 8259, 8258, 8747, 7913, 8167, 8066, 8169, 8201, 7943, 8124, 8114. - Part 8—Held by Jadge Shea— Parts open at ten A. M.—Nos. 8437, 0034, 9065, 7765, 8541, 9014, 9018, 9036, 9139, V144, 9152, (9223, 9224, 9226, 9226, 9228. BROOKLYN COURTS. SUPREME COURT—SPECIAL TEAM. The Pacific Mail Steamship Company ia Court—Can the President Define a “Pool?” Before Judge Gilbert. The case of Luther ©, Challis vs. ‘The Pacific Matt Steamship Company came up yesterday on a motion of plainuf’s counsel that the President, A. B. Stockwell, be compelled to answer certain questions asked by the referee. Ex-Judge Fullerton, for plaintiff, argued that Mr. Stockwell was a broker of good experience, and aiso of wealth, but then when a question was put io him as co what was a pool, he professed to be ig- Norant, though counsel knew very well it was false, and that he did know it to be a combination of men to Hed and sell stock, and tuey wished to find out whether there was not such @ combination formed in this coripany. They wanted to know whether Mr. Stockwell had not loaned the funds of this company to such @ Combination, or, If not, to certain brokers jrom whom these men forming the pool could get the stock. Counsel had no doubt that the funds of the company had been used jor speculation, and he had no doubt that it could be firmly established if he could make a proper investigation. Ex-Judge Nelson appeared tor the company and denied that Mr. Stockwell was @ man of great Wealth and experience as a broker, ana also that the plalauit had been proved a good stockholder of the company of the 400 shares claimed; and, further, he held that the company had a right to invest their funds in anything that they saw proper, pro- viding it was a safe investment. He ciaimed that it was not right to comopel the witness to answer the question of the pool put to him, as he might as An individual have proceedings in suci a matter if he liked. He wished the Court to mark out the line of examination to be pursued before the referee, Judge Giibert’s decision was as follows :— ‘The order granted by me the other day is modified so as to at ead :— New York SuPReMe Court, Kines CountTy.—Luther ©. Challis vs. The Pacitic Mail Steamship Company.— This motion for an injunction coming on to be heard, on the com- piaint, affidavit and affidavits on the part of the defendants. and after hearing William Fullerton for the motion an: Homer A. Nelson in opposition thereto, and upon the motion of vhe piainti, Ordered, that it be referred to John 8. Lawrence to take of the allegations contained in the complaint, and ti cton was commenced ‘ation of ana dante in evidence on the part of the plaintiff. id further ordered that the examination of the plaintiff's wituesses as to the acts of the defendants be re- Hiricted to the aseertaining of the corporate funds mentioned in the complaint, and the investment and other disposition thereot by or under the direction of the trustees or directors Of sai corporation, who are defendants therein, or either or anv of them; and’ that the taking of testimony commence ev Saturday next continue with all j that such referee re- port to the Court all the evidence taken by him on the 20th Of March inst., at twelve o'clock M., to which time the hear- ing of the motion herein is postpon THE PETROLEUM PROTEOTIVE ASSOOIATION. A meeting or the oil refiners and dealers of the city, who have combined to checkmate the absorb- ing tendencies of the Southern Improvement Com- pany, took place on Monday evening, behind closed doors, The report of the committee who last week visited the ol] regions to confer with the producers was made and discussea; but the conclusions arrived at were not made public, as the meeting scemed desirous that the enemy should not obtain an inkling of their action. Jt is asserted, however, thatthe ou men in attendance were more unani- Mous than ever in thelr determination to resist the eucroachments of the Improvement Company. So far but one New York firm—Josian Macy & Sons— has cast in its fortunes with the monopoly. ‘This Action has rather astonished the ou men, a8 Mr. Macy, Jr, at the great meeting hela last week, was very pronounced against the scheme of Rocke- feller, Watson, McGee @nd cot a Soutiern Improvement vitor, Punt" leaders oF the eon, 12.—A quartering bird to the rignt; hithard and fell dead out of bounds, 13. -A quartering bird tothe right; weil killed. to fly and botnered the shooter. 12.—A driving bird; missed by the gun snap- ping, Hard luck for air, 13—A driving bird; quickly killed, Acapival shot. 14,—A quartering bird 14.—A driving bird; to the right; well killed. hit nard, but escaped. A good shot. He jell dead out of bounds, 15,—A quartering bird 15.—A driving bird} to the right; well Killed, well killed. An excellent shot. 16.—A ett S bird to the rigut; well killed. W.—A abe 2 bird to the right; well killed. A tne snot, 18.—A quartering bird to the rignt; hit hard, but flew out of bounds. 19.—A quartering bird to the leit; well killed, 20.—A driving bird; killed quickly. 21.—A quartering bird to the rigat; missed. 14,—A driving bird; in- stantly killed, 17.—A driving bird; Nit hard and tell dead three yards inside of the bound 18.—A driving bird; hit ard, but escaped. 19.—A towering bird; quickly Killed. A dead shot, 20.—A Ueki f bird to’the right; well Killed. 21.—A quartering bird to the left; missed. 22—A driving bird; 22—A driving bird; quickly killed, hit, out escaped, 23—A driving bird; 23,—., low driver; killed the instant it left quickly killed. A good the trap, snot, 24—A driving bird; —A fast driving quickly killed, ised. 25.—A8 soon as the 25.—An incoming bird; bird jumped up he was well killed, Knocked over, 26.—A_uriving bird, but escaped. 27.—This bird Jumped up and was killed as soon as he lett tne trap. 28.—A quartering bird to the right; kilied in- atantly. 29.—A quartering bird to the right; well killed. 30.—A quartering bird to the right; easily killed, 8L—A quartering bird to the left; well killed, 32.—An incoming vird; easily killed. 33.—A_ towering bird; killed quickly. A capital shot. 34.—An Incoming bird; easily killed, 26.—A quartering bird to the right; well killed. 27.—A quartering oird to the right; hit hard, but escaped, 28.—A slow bird; quar- tered to the left aud was easily killed. 29.—A quartering bird to the leit; well killed. 80,—A quartering bira to the left; quickly killed. 31.—A quartering bird to the right; well killed. 82—A driving bird; well killed, 33.—A_ quartering bird to the left; well killed, 34.—A quartering bird to the left; well killed. »—A driving vird; 35,—Adriving bird; hit, ss ed iustantly, A flue but escaped, shot. 36,—A fastdriving bird; 36,—A quartering bird Missed, to the right; hit, but es- caped. 37.—A driving bird; 37.—A quartering bird quickly Killed, A fine to the lefi; well killed, shot. 38.—A towering bird; well killed. 39—A driving bird; Well killed. 40.—A quartering bird to the left; killea in- siantly. 41.—A quartering bird to the right; well killed. 42.—A towering bird; well killed. 43.—A quartering bira to tne left; soon killed. A good shot. 44.—A quartering bird to the right; quickly killed. 46.- The gun soapes and the bird escape: 46.—A quartering bird to the rigut; well killed. 38.—A quartering bird to the jeft; well killed, 39,—A driving bird; nit hard, but escaped, 40,—A quartering bird to the right; nit hard, but escaped. 41.—A quartering bird to the right; well killed. 42.—A ariving bird; well killed, 43.—A_ towering bird; weil Killed. A capital ona ariving bird — iv! rd; well killed. ‘i 45.—A quartering bird tu the right; well Killed. 46,—A driving bird; hard hit, but escaped. 4i.—A driving bird; 47.—A driving bird; quickly killed. hit hard, but fell out of bounds. A miss. 48.—A driving bird; 48.—A driving bird; Wheeled as he was shot weli killed, at. A miss, 49.—A driving bird; 49.—A quartering bird well killed, . 60.—A towering bird; missed. missed. THE SCORE. Paine—1, 3, 1,0, 1, 1, 1, 0 1, 1,0, 0,1, 1, 1, 1, 1,0 1, 1,9 1, 1, 1, 1, 0, 1, 1, 1, 1, 1, 1, 1, 1, 1,0, 1,1, 1,1, 4, 1, 1, 1, 0, 1, 1,0," 1, O—Kulled, 393 missed, 11. Wood—I, 1, 0, 0, 1, 1, 1, 1, 1, 0, 1, 0, 1, 0, 1, 1y 1, 0, 1, 1, 0, 0 4, 01, ty 0 1, 1, te 4, 0 35 1, 0, Oy 4s, By 3p 4h, Uo 0y-0y, dy missed, 17. ao As Oy he de be he fe On Staples—1, 1, 0, 1, 1, 1, 1, 1, dy ? 1, 1, 1, 1, 0—Kulled, 17; missed, 6. to the right; well killed, 50—A driving bird; 1) Ay dy dy % 1 0, 1, d—killed, ‘33 ROWING. ‘The Atalanta Beat Club vs. the London Row- ing Club. ‘This prospective match is talked of, not with um abating, but constantly increasing interest, All true lovers -of sport sincerely desire vo see this match consummated without any of the (unfortu- nately usual) controversies which seem to be part and parcel of every important match race, Judg- ing from the tenor of the correspondence which has solar passed between these two well known and highly esteemed organizations, we are inclined to believe that in this case we need not anticipate any- thing which may tend to weaken the favorable im- pressions which the members of the above men- tioned clubs have apparently conceived of one an- other, With some misgiving we notice a lengthy edi- torialin the London Field, of March 2, entitled, “american Amateurs.” nat our readers may not remain ignorant of what 13 taking place we make @ few extracts from the articie alluded to:— From a letter which has \een published in the New York Word of February 8, 1t Would seem that some of the members of ast year’s Atalanta Boas Club are not bona fide amaieurs, or atleast that Shere is Some doubt upon the sutyect. ‘ois matter should be settled atonce, and it seems desiravie that tue Loudon Kowing Club should iasittute I. quires a8 to the qualifications ol the meimpers of Lue taianta Viub, A sort time since our correspond- ent, “Argonaut,”’ had a leiter addressed to hun by an American genuleman, who had been appointed to collect ali the materials he could as to the ueini- tion Of amateurs tn this country, for the members the different clubs in the states considered their detinition insuiMclent, and wished to estab- lish one which should bind all rowing associa- tions in that country, * * * Itscems that no one club in the United States nas ever adopted auy proper definition of an amateur, and taat some oi them differ much tn the rules tney apply to their regattas, The Hudson Amateur Rowing Asso- Clauion debars from rowing in its regattas “auy man who ever rowed for money or with a projessional, or Mn aregatta open to all comers, or who was ever ready and wi to be matched against any oers- man for money.” The Northwestern Amateur Boat- log Association declares “that no club or crew shall compete in our regattas which has proessional or paid oarsmen in its crew, or whico shail have in its crew aby man or mea who shall compete for a prize 4m money in any race with a crew or man not be- longing to the association without first obtaining permission irom the Executive Board. * * ‘rhe Northwestern Associauon crews ure generally composed of raitsmen or logger: class of men very similar to our bargers—and there seems to be no law at all to prevent sailors from rowing a8 amateurs, if they have not pulled for money.” * * * The author of this article, so flatvering Lo American amateur varsmanship, con- cludes thus:—‘There can be uo doupdi that there 1s considerable difference of opinion as to the proper detinition ofan amateur on tals side the atlantic; and some day 1t may be necessary to have a meet- ing to decide the question, as we doubt if all regatta Committees would agree upon the subject, bearing 1M mind the discussion which took place in these Columns last summer. it has been asked if we take Notice of the doings of amateurs aoroad. ‘vo this query, it must be answered tnat some time back we id not do 80; but now that international contests are becoming common it behooves us to see that no one takes advantage of our amateurs, and that those Who contend against them do so on equal terms, which can hardly be the case if their com- petitors are to all intents and purposes profes- sionals.” ‘The letter referred to in the peginning was an anonymous communication, which had been offered to severai newspapers, but was rejected by all ex- cept the World, The day following a spirited reply appeared in the columns of the Turf, Fle(d and Farm, which we kuow was heartily approved of by all who had no personal feelings in the matter or were actuated by still baser motives. From the tenor of the cor- Trespondence between the two clubs we would sup- pose that this miserable miscarriage of a diseasea imagination would have no weight with the mem- bers of an organization who assert that they have the utmost contiaence in the integrity of their chal- lengers. 8us we must naturally incline to the be- hef that this article could not have emanated irom toe pen of the aquatic editor of the #ield without te cognizance of some or all of the memoers of tue Loudon Kowing Club. We sincerely hope that our proverbially correct “Yankee-guessing,’’ may this ume prove at fault; but there is no denying thatthe uagenerous articie relerred to will cast @ cloud upon an event, which in the begimuing, appeared to be surroundes by the genial sun suune of mutual coutidence and esivem. ‘Lhe next thing of which we are informed 1s that an American yentieman nad been appointed to make Lnquiries and settle our amateur business for us, Now, although thoroughty posted in all that pertains to rowing, we thougit that for once we Inight have been ‘‘out;” aud tuerewore made diligent loguiry of many Awerican geulicmen belougiug .o Various boaung organizations, but up to the present writlog failed to find @ singie individual who nad ever heard ‘such a tning. Tois American gentie man must have been a culmmittee Of one, appointed by nims-Li. In regard the definition of amateurs we mean to say that the ciause bearing upoa this subject, taken irom tue bylaws of the Hudsoa Auateur Rowing Association, a3 quoted above, embraced all that we need to decide whether a mau is an ama- teur or professional We also know that many Iuen Were ruled out under this little clause, and that ali those who were permitted to row in we regattas held under the auspices of the association must be considered amateurs, uniess they have done some- thing since tucy rowed in such regattas which would disqualify them vow. We are still disposed to treat this matter amica- bly, trusting that tae uacalied-for remarks regard- ing the social standing of the members of some of our best boating organizations may prove to nave been written upon infoimauon derived from a source as discreditable as the letter in the World, The Atalanta Club proposed to make this match as au American amateur ciup. in the reply of the London Rowing Uluo great stress is jaid upon tne term “gentlemen amatnurs.”” Now if this match 1s made between Wuat the Englishmen are pleased to consider gentlemen amateurs, tue question as to the English dejnition of genuemen wil assume much more formidable proportions Luan that 0: the ama- teur. We highly approve the laudable resolution of the writer of the arucle irom which we quoted to watch over the iuierests of the English amateurs, so that no advantage may be taken of them by com- petitors who are to all inteats and purposes pro- fessionals, But, in conclusion, we Would say that the appointment of committees to meet and decide this Egotty question will hardly be required, i! we are io accept the editorial 1a question as aa indica- tion of the feelings or opinions of the English ama- teur oars gentlemen toward our piain American amateur oarsmen, THE PACIFIC MAIL BATTLE. The Testimony of President Stockwell— The Howe Sewing Machine Company’s Notes as Collaterals—Another Dendlock. Further evidence was taken yesterday before Referee John S, Lawrence in the,matter of the in- junction asked of Judge Gilbert by Luther 0. Challiss, to restrain the Pacific Mail Steamship Company from loaning, selling or using stock of the company for any other purpose than provided in the charter and bylaws. As the President, Mr. Stockwell, had refused to answer some questions, they were referred to Juage Gilbert at half-past ten o’clock A. M., and he made @n order instructing the referee to take evidence on all points bearing upon the case for ascertaining the disposition of the stock of the company. Mr. Stockwell recalled—We have loaned no money to a sewing machine company; but we made a@loan taking a note of the dowe Machine Com- pany; it was put in as collateral, and is about $75,000; the loan was made to Osborne & Camack. Q. How aid they i these notes? A, 1 gave them tothis firm to make the loan; lam President of the sewing machine company. Q. How did you come vo put it up for this firm. A. Because they were doing business for me; the loan was about $400,000; they were in time to buy Pacific Mail stock; have given the notes of the Machine company to this firm before; these $75,000 were put in with the intent to use as collateral in borrowing from the Pacific Mail Company. Q@ Who had charge of the loan? a. Mr. Bellowes, Q. Was there any contract of indemnity be- tween you and the firm? A. No; there was not. Q How often did you give tngm notes? A. Only once; it was as & margin, and the loan was paid by Osborne & Camack within three days; in November vet on hand stock that has never been used Johnison—2,'1,'1, 1, 1, 1)’, 1y 0, 0, 0 1, 0, 0, 0, | there was : . in fo aud is there still; I voted at the No- Ty QY Dy OSs A ty) ORL Rey ay Fs vember lection on Challiss’ proxy on 500 shares; I ease offered money to Unallis for the proxy, but he did SMALLPOX. not take it. — Did you ever loan notes of the sewing machine Alarming Increase of the Di The peculiar atmosphere tie city has been visited with during the past ten days has made the epl demic the people are now suffering from rush up to unparalleled numbers, causing an alarm heretofore The number of cases reported yesterday to the Board of Health was twenty-nine, being the largest ever heard of before. Five of these cages have not yet been verified, but the balance were discovered by Dr. Morris’ inspectors, The work of the Sanitary Bureau of Inspection for the week 1g as follows:—Eignty houses disinfected and faumi- gated, 48 cases of smalipox: removed to the den on the island, and 6 dead bodies to the Morgue; 11,746 families were visited, 8,110 persons vaccinated— vaccinated @ second time, tting vaccin- it any of the ther is getting the danger at the s¢,me time ts increas- unknown, 7,600 of these being The people should lose no time ted. They can Nave it done station houses in the city. The ri and ing. company to others? A. No, sir. & Did you ever borrow money from the Pacific = Company? A. No, sir. 1g there a bill now pending before Congress Telative to the Pacific Mr. Shafe Mail, ler objected to the question. Mr. Fullerton said he wished to snow how money was used in Washington. The referee declined to rule 1t in and witness refused to answer. . Is there @ bill pending at Albany, then? A. I ‘will not answer; but Irwin, ageni of the company, is in Washington, looking after the interest of the company; he is whe only one, and has been our nite Mi How can he represent the interest of the com- pany es Washington? A. That is best known to ourselves. Judge Fullertun announced that if these questions ‘Were not answered he would apply to the Court, wa Wen accreted uf you don’t go on we I, We want to work. Judge Fullerton—1 will go before the Judge to- morrow, Counsel agreed to betore the Court and his rullag upon the questions, and resume the S.iinetion" fat ven, ar (ols morning, MORE STOLEN VOUCHERS Catacasy Loses His Pa pers—His House is Robbed by a Gentlemanly Burglar with Small Feet—He Was Not Altogether Unpre- pared—What is Thought of His Story in St Petersburg. Sr. PErerssura, Feb. 5, 1872, Would it surprise you to learn that Oatacazy, im addition to being threatened with violence in case he should refuse to “clear out” within @ certain specified time, in addition to having it insinuated to him that his body might be foand floating seme fine morning in the waters of the broad Potomas, or be given as “wittals” to the beasts of the feild and the birds of the atr—would it surprise you, 3 say,tolearn that after all these things from the bloody-minded Americans, his house was entered in the dead of night and robved of many valuables in the shape of silverware and important State papers? If it would surprise you in the least te learn this then prepare to be astonished, for this le the story with which Catacazy has come home te his native land. THK CIRCUMSTANCES OF THIS ROBBERY are of a peculiarly disagreeabie and suspicious o8- ture. In the first place, in addition to the loss of silverware, which of itself would be a comparatively trifling matter, is the abstraction of certain impor- tant, documents, upon which M, de Vatacazy cniedly Felled to justify himself vo his imperia! master. This is a very grave loss, not only to contemporary hiss tory, but to M, de Catacazy himself, whom it Places tn @ very paintul and embarrassing, not tosay SUSPICIOUS POSITION. He will not be able to justify himself as he might otherwise nave done, and there will, no doubt, be evil-minded persons disposed to regard the whole story as a poor invention, and who will go so far as to doubt the truth of M, de Catacazy’s assertions and even imagine that he has been trying a very old and very transparent trick to extricate himself from @ very unpleasant situation, Besides these unpleasant circumstances attending tne robbery, M. de Catacazy, from various signs and indica- tions observed after the event, has been led to be- leve that it was no ordinary housebreaker, no com- mon minion of the moon who honored him with this nocturnal visit, but some one Raving the aire and appearance of a gentleman, and HE DARKLY HINTS that American government officials know more about 1t than they choose to confess. For instance, the tracks made on the carpet were those of@ small, neatly made boot, evidently worn by & well dressed man, and not by an ordinary rogue, an@ the fact that a silver casket, containing the docu- ments, was taken in preference to other things of greater value, which were overlooked, he thinks Wears a very suspicious appearance, and that these papers were taken vy somebody or for somebody who wanied them. PREPARED FOR SOME SUCH THING. Furthermore, 11 sems, he was in expectation of some such move on the part of his enemies, and bad prepared ior it by removing some very important documents into his bedroom. By a strange oversight, however, he did not remove the papers in question to a place of satety, and it happened to be these very papers the thieves pounced upon. Tue evil-minded persons hitherto spoken of will probably show themselves extreme! lucredulous on these points, and will no doupt by what process M. de Catacazy arrived at the com- clusion that the TRACKS LEFT ON THE CARPET were those made by a gentieman’s voot; how @ gen- Mleman's boots could leave tracks upon a carpet at unless the thief had, with a forethought and con- eration whicn cannot be too highly commended, stepped into a meal tub before undertaking his ume tmely visit, These remarks and insinuations on the part of the cynical and the unbelieving will be very disagreeable aud very undipiomatic, and, un- happuy for M, de Caiacazy, their view of the matter will probably be accepted by the unthinking public, Which 18 only too ready to Lelleve stories that nint a& A WANT OF CANDOR and straightforward dealing in tne actions and ex- ressed Sentiments of puie men, and especially of iplomats, It is greatly to be regretted that M. de Catacazy could not have hit upon some other _ dient to eXtricate himself trom the uppieasant diifle culty in which he has been placed than this, which, however provable may be the story, will scarcely p@ accepted by the majority of people; and one cannes but wonder that a man wio das hituerto had the reputation of neing very sKil:ul and dexterous should be content to Wear so thin a disguise. if he had himself assassinated, for instance, or even had house burned down, he would probably lave come out oi the contest with flying colors; but a simple thelt ol docu nents, upon which he relied to excul- pate himself, will, unfortunately, uot satisfy the sen- Sational tastes of this incredutuus age. WHAT IS THOUGHT OF IT. Neither Mr, Fish nor M. de Soret have given evidence 0: any astoulshing degree of dipiomatic talent during the progress of this quarrel, uniess indeed they voth set out with the intention of fo menting @ quarrel between the two countries, in which case it must be admitved they have pretty Well succeeded. But M. de Catacazy’s manner of deiending himself, even more than nis quarrel with Fish, shows an absence of diplomatic capacity, and & Want of judgment in inventing a plausible story, that 1s really surprising. If there were any pros- bt of the story being accepted by even the mem. ers of Lie Russian government that are well dis posed towards him it might nave araison aétre» but as tar as ican learn even nis friends do pm treat the matter otherwise than as an exceedingly ingenious dodge to escape the storm that is await ing him here. é CATACAZY’S YARN. Now this story constitutes a pretty grave charge to have made by a representative of a foreign Power against any one supposed to be connected in any way with our government, and it there was any ade of its Semg considered seriously by the ussian goverament, and if the interests o: the twa countries were not, at tts particular moment, ren- dered identical by the Biack Sea question and the Alavama claims, the prospects of @ quarrel be- tween them would Le very fair indeed, A CONTRAST, It might be a matter of some interest to know how far the acrimony dispiayea by Mr. Fish io the Cate acazy vontroversy was caused by his supposing the Alabama claims to be in a fair Way toa satisfactory settlement, and if he has not been disappointea at the turn things have latterly taken. It would be dificult to account ip any other manner for the way in which he has conducted the negotiations with Spain and Russia beiore and after the Alabama treaty. 1 believe that Spain has never done us any favor, that she has never shown us any particular fmendship or sympathy, and that we, on our Di have never manifested any extraordinary re; tor her. On the contrary, long tefore General Jack- son marched on Pensacola and captured it, In order to punish tne insolence of a 8 ih official, we have always shown @ good deal of indifference aboat Spain and Spanish matters as long as she ab- stained from interfering in our affairs, and that we have never been restrained by hea sentimental notions of friendship from dem: ing iull reparation for any wrongs done us, Latterly, however, she has been carrying things with a high hand in her intercourse with us, and we have been rather meek than Otherwise. Sne has been shooting our citizens, burning and pillaging our property, stopping our ships upon tne hich seas and performing a variety of other acts, tor less than whicn we deciared war agaiust England in 1812, and yet Mr. Fish has protested in ay the mildest man- ner possible, The American eagie has screamed ag “gently a3 a sucking dove,’’ and Spain, grown bold with impunity, not only refuses all indemnity for the itves and property of our citizens, but continues her high-handed and arbitrary measures regardless of our milk and Water remonstrances, But we had the Alabama affair to settie, and could, thereforep» understand aud appreciate the motivés of the gov. ernment in not pressing tne matter, as we could atford to watt for a final settlement of accounts with Spain unul we were ready to sevtie taoroughly, 18 MR, FISH ALTOGETHER BLAMELESS? Ionly refer to it now to contrast ine course Mr Fish has pursued towards Spain, an uniriendly Power, with the tone he has assumed in dealing with Rassia in @ comparatively trivial matte e is a Power that has always been frieudly to us—to whose influence more than to auy other indirect cause, perhaps, we owe our success in the war against tne rebellion—to the head of which we might entertain feelings of gratitude—and yet, be- cause the representative of that Power writes, or causes to be written. @ few severe newspaper articles and otherwise conducts himseif improperly, Mr. Fish—torgetiul of the good tura done us by the Czar during our war, of the iriendsiip and srm- pathy shown us when most we needed them, ovlivi- ous of the forbearance displayed towards Mr. Cur. tin's predecessor here, Whose outrageous and dis raceful conduct during the tline he was in Sw versburg became @ byword and @ reproach to the very name of America—writes and gives to the world a letter as offensive as it was undiplomatic, and which could scarcely be viewed otherwise than as an intentional Ls cathe provocation. ONLY A CRITICISM, Is the writing of afew newspaper articles, even though Mr. Fish be criticised there, so much more heinous an offence than the shooting in cold blood of American citizens? Have we never sent abroad Ministers who forgot their duties aud disgracod the American name, that we should be sosevere On the shortcomings ot others? Has the Russian government, afier all, committed so un- pardonable an offence that we should forget years of triendstip and mutual sympathy, and services kindly rendered, because of a mere personal Aquabbie, in which the two peoples have nos the slightest Interest? In a word, is it well, upon suca slight prevenices, to alionate an old aud weil tred le! Of course, Mr. Fish ts perfectly right in demana- ing that due respect be paid py the representatives of foreign Powers, not only to our government, but also to his own person; nevertheless it is rather difficult to undorstaud why a question of etiquerte Should have grown to such immense proporuons, when the murder of American cites scarcely 4 rufied Mr, Fish’s amiable temper,