The New York Herald Newspaper, March 30, 1872, Page 8

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THE COURTS. Alleged Perjury of 2 Bondsmen—The Conviction ” @f Talbot Sustained—Charge of Smuggling end Important Decision—Irregular Peti- tions in Bankruptcy—Businoss Bo. fore the United States Grand Jury—The General Sessions, UNITED STATES SUPAEME COUAT. @he Suit Between Mowry and WY'itney, In we the Patent Rights and Privileges for the Manufacture of Cur Wheels. WasaHincron, D. C., MYarch 29, 1872. No, 148. Mowry vs, Whitney—A’ppeal from the Circuit Court for tae Southera D'strict of Oulo.— ‘This cause was referred to in the statement of case 447, between tho same partie,s given yesterday. ‘Phat was an action brought ir, the Ctreuit Court for ‘the Eastern District of Pen?.sylvania to enjoin the further prosecution of thls ‘gait, whch was brought by Whitney to reetrala Mgwry from an alleged m- _—_ ew rn ramrniav WARM? NEW YORK HNAUY, oasvusssre, oMcial corruptio That the Grand} we two prominent persons who held Lincoin administration, alleged whiskey frauds. All these assertions are the merest romor and the wildest speculatiop.. The Grand Jury is a body sworn to secrecy. It conducts its p ings in secret, anc any statement purporting to give what has transpired in the Grand Jury room must be re- ceived With a considerable grain of caution, When the Grand Jury come mto Court and file the indict. ments they have found we shall then, and not till then, be iu a posiiion to know the exact truth, The oitclais of ‘he United states District Attorney’s of- fice deny that the Grand Jury have been improperly diverted trom the examination of cases Of oilicial corruption. ara testimony against wo igen bg omce aneer the COURT OF GENERAL SESSIONS. Reavy, tho Indicted Lawyer, Risvs to ExplaineConviction of a Horse, Thief. Before Recorder Hackett. Tt will be remembered at the adjournment of the Court on Thursday John M. Van Housten was on trial charged with stealing a morse and wagon from William ©. Spears, and when the evt- dence was ail in Alexander H. Reavy, thé counsel for the prisoner, was arrested upon an inatctment charging him with iorgery in the first ‘yae APingemeat of a patext Y,ranted to Whitney in 1548, | gumming up of the case was postponed Ull yester- gud extended in 1:62, Mora process prolouging the ‘ume of cooling, In comucetion with annealing cast- tron car wheels, y ‘Lhe defence Wo Wat the/process was not new, and that the appellant bad pot adopted it im bts day morning. Beiore the counsel, Reavy, proceeded to address the jury for Van Housiep he made a state- ment to the Court relative to the chal afirming that he drew a deed for Mrs, Taylor in tavor of George H, Thomas, and not to himself (Reavy), con- mode of cooling cast 1ronrwhoels, ‘Tne decree was | veying a house and lov tn Forty-third street, for for the comploineat, aud/the-case being reicrred to @ Master (or Gnaccountythe sum reported in Javor of Whitney by that oflger was about one hundred and twenty vhousand dollars, it 1s here insisted “hat the urt erred 4m aoiding taat Whitney's petent 4 protected apzamst pilor annealing pro- eesses, because former processes were coniined to *anchilled-articies,”. and uiso in deciding tat the @ppellanVs process was an inirimgemeut of the patent, when they were, in point of fact, essentiaily ditierent. One coola by placing the wheel in-a cooler and the other in a uet chamber. The parent of Whituey is said to be in- ‘Valid because there ts no novelty init. [tis simply the appiicauon of a process well known to a pul- pose aualogous to purposes to Which it had been ap. plied long anterior to the alleged invention. It is @lso arged that it 1s vold because what 1s claimed 1s Dot useiul, as the process would destroy the hard. ness of the ram (or chill) of the wheels, and wus wiiok professional service he received $10. ‘The case of Van iousten was then resumed and resulted in his couviction, He was sentenced to the State Prisou for dive years, COURT OF APPEALS CALENDAR. ALBANY, March 29, 1872, The following 4s the Court of Appeals day calen- Pe an April 1:—Nos. 162, 14, 123, 118, 101, 151, 105, Ty 211, MIDNIGHT AFFRAY. Fatally Beaten with a Clut—Slightly Mixed and “omowhat Mysterious. On the 16th instant a shoemaker, twenty-one detract from tueir durability, it 1s ‘uither coutended | years of age, suffering from a scalp wound ana that the Court erred, In apportioning the proilt of Mowry ‘by the alleged infringement, and in overrul- ang the exception taken to tue report of the Master. ©. B. Coilier.-and A. G, Thorman for applicant; A. Baldwia, Jr., E, W. Stoughion and B. ke Curtis lor appeliee, : UNITED STATES CiACUIT COURT. Motions in Arrest of Judgment=Criminal Business. Before Judge Benedict. Judge Benedict sat yesterday and heard some Motione in arrest of judgment upon prisoners who ‘had been convicted before him in the recent term Of the court, ALLEGED PERJURY. In the case of James S, Woodhouse, who had been found guilty of perjury in swearing in an afll- @avit made before Commissioner Osborn that he wned certain lands in Brooklyn, whea, as the evi- @eace showed, he had no right or title whatever to the property, Mr, Charlies S. Spencer, counsel for the defendant, moved an arrest of judgment on the ground that the original papers in the case were Dot suficiently sjecific to coafer jurisdiction on the Magistrate, Tho papers merely Joiuvwed the Verbiage of a statute of Congress without stating a ingle fact, and some fact should be stated to show an ice had been committed, ir, Davies, United Staies Assistant District Attorney, maintulued that the afiidayit was sulle lent for every legal purpose. Tne Judge took te papers, and reserved nis de cision. A SMUGGLING CasR, In the case of Join Taivot, who had been con- Vicied of smuggling, & Motion was made tn arrest - judgment on the ground that tae indictment was ad. The Judge rendered a brief decision, sustaime ing the indictment. SMUGGLING GOLD WATCHES FROM EUROPE—IM- PORTANT QUESTION OF JURISPIOTION. Charles Marxsen had been found guilty on an In. @ictment charging him with haviag susuggled sev. eral gold watches into this port from Europe, His counsel, Mr. Samuel G, Courtuey aud Mr. B. FP. Rus. Geli, argued a Mollvn for arrest of Judgment on the ‘ound that the mdictment was bad Jor several rea. jons. Yesterday Judge Beuedict rendered his de. cimion, Maintaining that the indictment was good In jaw. His Honor said he did not touch the question of jurisdiction, as Mr. Courtuey had informed him that he would Land in a brief ln relauvn to that matter. Mr. Cou: tney now submitted the brief In question, contending that smuggling and clandestine.y iatro- Qucing into meant conceaiment, secrecy, fraud. Tne deiendant Was indicted for simugeling, ana ounsel claluned that the cult Court of the W \ork has Ho jurisdiction er the siatuie, The goods mast or claadestinely mtroduced im:o the Uvited States and have been subject to qguty by Jaw, and which slouid bave been invoiced, Without paying or accounting for tie duties, &e, ‘Where was ihe invoice to be siown or made, or Where Were tue duties to be part i demanded? At one piace only—at the dock 1a Jersey City, where the goods were luxe: cave of & goverument in- gpector. The goods were landed there, the inspector demanded in Voice there, and ine goods were bakea from tle ly of the deieudaut there, Li any of- fence were committed he comuiutted i ia Jersey City, State of New Jersey. All the form and para- hernalia of bringing the goods lo New York aiter ing taken from tne deleudaat canuor alter the meaning of the statute. The (uri her provisions of the etaiute show tat all the Violations oi ine same must be committed ou Janu, that is invoicing Wiibout pay- ing or accounting for (ie duues, passing or alempt ing to pass through the Cusiom Louse faise Invoices, All things detailed in the evidence stow that any Violation of jaw under tie ldictinent was com- mi(ted 1 the State of New J . There is a great distinction between Criminal and civil proceedings— the former must be pursued striclly according to the leiter Of Me law; an offence couimitied within the Uni Siaies must be tried tn the State and judicial district within which it was Coutnitied, If he Court can possi hoid that tnis Is an indict ment Jor imporuu Was iirst cou mitted in tae Eastoi ew York, Where the steamer first touc uiled States—viz., dy Hook—or second, at Jersey City, at the dock, if the Court holds, as it must uader the indictment, that the offence was in simuggliay and Clanuestinely introducing ito the United otates, &c., the offence was comimitted o4 land, on tue duck at Jersey City, where ail power and control over the goods was taken from the defendant. The Court had no juris- diction and judgment must be arrested, My, Uourtney concluded by observing that the juestion was «nice ove and he had no doubt his jonor wouid lovk closely into it. dudge Genedict said he would do so, and as he understood there Would be a iotion made before him for the purpose of postpontag the passing of gentence npun Marxsen, me could be given to the District Aitoraey lo prepare a brief, Air. Purdy, of bebuif vi the government, observed that a vriel, embraciug the views o1 the prosecution . on the subject, woud be banded to His Honor, it is understood that @ civil suit has been com. menced in the United States District Co for the condemnation of the watches, and that Marxsen will be examined there a3 @ Witness on his own behalf, tuus enavling him to teil his Own story and give lis own account of what he intended to do ‘With the properly seized from him, UNITED STATES DISTRICT COURT —iN GANKIUPTCY. Irregular Petitions. Belore Judge Blatchfora, Yesterday Judge Blatenford réndered a decision in. the case of John Walsh, a bankrupt, Walsh filed @ Voluntary petitioa onthe 27th of June, 1870, This petition was reserrea to Mr. Henry Wilder Allen, Oe ot the registers, who made an adjndication. At the first meeting of creditors an assignee was During the pendency of this petition Wailsi flea anotier petition setttag fore the same ame creditors as meutioued tn the " egister holds ia view of these t the second petition is irregular, and Judge 4 upholds the Registers decisioujas correct, tho Lowllag Green Savings Gauke A statement has appeared in one or more of ‘the city papers that the money offered by Hank Smith fo the Dopositors’ iny tvating Committ the Bowling Green Savings Bank has been accepted | by the United States Disirict Court, ‘has no foundation ja tact. To-day Judge.Biatenford will heay on 8 motion to punish Mr Suepresd aeiver of the Bowling Green Say: alleged contempt ig refusing to allow Pooks of We bank. % UNITED STATES COMMISSIONERS’ COUAT. Alloge’ Penwien Fraud. Before Commissioner Shields, qe U.nlted States vs. Francis Heim.+-Francis He; t was! held for examination yesterday on a of having presented false yvcuchers to the 1 Aué tor of the Treasary, for the purpose, as The statement An argument app, ihe res CUGBs to the oge i, OL yle se th overuimest out of pen- #100 b. that was not dw Julied States Grand Jary. Very nd antrustworthy satements have Lee, aade public Wien regard Lo the action of the Cuiieu® States Grand Jury, Those statemenw are to thee: Wet Phat the Gr "Ud Jury have tugestigated a number of old whiskey *€28¢3 Which wers lustituied by ex- Voilector Bailey ‘@ud Mr. Warwick Martin, and thas they have found dndictments against @ uuwcer of distiLers, That the Grand Ji Wy have not invesugated charges of corruption agam. % Custom Nonge of t througis infae, of Wiends of the aduiinieqauon Old Wiliskey sttits have*Speen befure the Gradd Jary for tue urpoKe of evad. Wg tie iavestigaiion eauiod | ing connection between perhaps concussion of the brain, was admitted to Bellevue Hospital under the name of Willlam Mansfield, and placed under the care of Surgeon Ramsey. It was apparent at that time Mansfield bad been drinking to excess, and it was then stated he had been beaten on the head with a club during @ drunken brawl foot of Nineteenth street, East River. Subsequently some parties appeared at the hospital and inquired for Robert J. Higgins, whom they sald had been missing from his home for several days, and feared he had met with some accident. Warden Brennan gave the parties permission to look through the various wards of the hospital, and provided them with an escort. Nothing satisfactory ‘Was discovered tll reaching the bedside of Mans- field, when they instantly recognized him as Robert J. Higgins, the friend for whom they had been look- ing. Woy the patient, or some une for him, gave an assumed name remains to be explaimed; but this 19 not the only mystery connected with the case, Ina conversation with his friends Higgins said that ia- stead of receiving 1.13 Injuries over on the east side the city, as at firsc reportod, alleged that he bad been in @ arunken Might, corner of Forty-ninth street and Eighth aveaue, and that a(ter being terripiy beaten over the head, nis assailants dragged hin into a lumber bee near by, and, being insensible from what he had drank aud the beating, lay there all night, and next morning Was taken to the hospital, ‘The relatives of Higgins urged him to make a statement, giving the circumstances under Which he was beaten and by whom; but this, for reasons best known to himself, he peremptorily 1re- fused todo, As @ Cunsequence, the assailants are unknown, and the police seem to have no clue upon which to work. Higgins remained under the care of Surgeon Ramsey till yesterday morning, when death ensued trom pyemia, Whewver deceased had compression oO! the brain or fracture of the skuil remains to be determined by a post- mortem eXamination, which wiil be made on the body to-day by Wooster Beach, M. D. Coroner Keenan will make an investigation when the case shall have been properly worked up. ‘The Captain of the Twenty-second precinct havy- ing. been notte, wall make vigilant efforts to clear up the mystery by arresting the guilty parties, but it may prove a difficult matter, ~ Deceased lived in Classon avenue, Brooklyn, whivher tie relatives are i great haste to remove the remais for tnterment, EXAMINATION OF A STRANGE PROCEEDING. Anexplanation of the “strange proceeding” in the Yorkville Police Court, oa Thursday afternoon, has been given, The lady who was commitied is the proprietress of & fashionanhie boarding house in the Nineteeath ward, while the complainant was one of her boarders, whose trunks, containing valuable clothing, she endeavored to retain in payment of board and lodging. When ordered by Justice Coul- ter tu give up (ne trunks she conducted nerself in such an undignified manner that she was committed for contempt. After an imprisonment of an hour or go she was set free on condition that she would have no further trouble with the compiainant. It wilt be seen, therefore, that there was no mystery In the case, only a slight inclinaiton to be disobliging on the part of the court officials, itis hoped Mr. Green wili hurry up and pay them, when they will probably be a little more gracious, LEGISLATIVE BLUNDERS IN AUSTRALASIA, To Tag Epitor or THE HERALD:— In your editorial this morning upon the above suvject you say that the news shows how the ener- gies of the people tu Australia “are still hampered, to the prejudice of the public interests, by the whims and caprices of an Executlye directed from the far distant European centre in London,” Hav- ing passed many years of my life in Australia I feel more than au tuterest in that part of the world, and, reading the above, I turned with some anxtety to see what the news could be that had drawn forth such aremark, Tread and re-read the Heraup’s despaiches, but could flad nothing to Justify 1, nor anything to which I can Imagine your reference to be direcied, unless it be to the didiculty that has arisen between two of the colonies— Victoria and New South Wales—upon the subject of customs duties, Upon this allow me to offer some remarks, The Australian colonies are as free from Downing street rule as any portion of the British Empire, They suffer no direction whatever from any Buropéan centre, in any way, upon any subject of taxation, internal or external, They have absolute coutrol of their own destinics in all matters per- taining to their own government, Great britain has no more part in the levyiug of taxes, or in de- fining what taxes shall and what shall not be levied, than she has in electing the Mayor of Mel- bourne, The british government therefore cannot justly be held responsible for any diMcuity which may arise betweea any of the colonies upon thas score. England has learned the lesson, and protited by It, too, that @ vast empire cannot be governed from one centre in ail these matters of detall; and, if [ mistake not, the United States,even with ao more compact empire, will one day have to learn 1t also, Here is 4 profitable ana sugzestive topic for speculation, But I avoid the temptation in order to give you a note ot history. In the earlier days of gold mining in Victoria tt wes found that mig he articles upon which import daties were levie crosseq the border into New South Wales and vice versa. Both colonies desired to stop this, bat to institute @ Customs police along the Murvay River and tne subsequent boundary line would have cost more than all the dutles many times told, Hence | aruse the frst suggesuion lor a Volonlal Confedera- uon, Which ullinately widened into a proposal for suci a union as would previde @ uniform system jor regulating the customs, Post Ofice, telegraphs and laternational raliways, At tie moment when this proposal was being most actively discussed Charles Gavan Duffy began his puvite career in | Meibourne, and he took up the plaa with much eu, Siace then it has occupied more attention, | audif tniernational conferences, puolic meotings, | newspaper articles and private «discussions could togetuer have bronght about the confederation it wold have been consummated many years ago. | Butditicuities have arisen, one after another, At | last 16 Was decided to waive thet collection of cus: toms outhe vorder, upon the assumptton that, con- sidertag tho Intimate relations of the peopif be- tween ‘Victoria and New South Wales, it would bo & Jent that tinported goods had paid a duty at the port of entry. ‘The Legistative Assembly of Now South Walés almost unanimously endorsed rhs View; Dut the Ministry, acing la the face of Wil of Parliament, resojved to collect the du. tes, ‘the Assembly in turn adopied the consutue Smal ma hod of resisting this by a refusal to vote’ 2 Tippies, and, in order to submit the whole question io the constituencies, the Governor, by adyice of the & tive, dissolved Parliament,” That was tke position of aifairg at date of your advices. Ib18 a \exisiative lock, I acimit: but not One of vital importance, nor ‘one in which ] British goverument has’ the smatlost concern trusting tO your usual vense o1 jusiice Wo insert this, I am, yours fartnfuil, L A NEW CRUSTACEAN.—A letter trom profes, | Avassiz, with the Hassler expedition, io apne | Pierce, of Cambridge, announces tua Agassiz's deep-sea soundings have brought vo the suciag | new crustuce wiuch seems to stand cutsiae ali previous ciaasifications, Ths creature ihe Pro. e eVes to be related to the trilopites of ihe ‘ous era, And posethly @ link in the mis. ‘he past and present. Tao & alao heips to fulfil some of tne pre. ue & or new craste implicating them 1M those | Qnoning of the Trial of Henry Newman, Alias “Dutch Heinrichs,” the Great Bond Rob- ber—A Brief History of His Career and | Exploit:—The Prosecution—The Trial ~ To De Resumed This Morning. /” 4 Yesterday Henry Newman, alias Faward Ryan, and also better known as the no‘orions Dutch Heinrichs,” was placed at the bar-of the General Sessions, Recorder Hackett presiding, to answer the CHARGE OF GRAND LAP.CENY, he having, as alleged, on February 14, 1872, in com- pany with @ confederate, stolen a tin box contains ing thirty-three $1,000 first mortgage bonds of the New London and Appbeton Ratiroad and a promis- sory note for $14,000, fot whick the bonds were neld as collateral! security, from the ofice of J, 8S. Ken- nedy & Co., bankers, corner of Cedar and William streets, This same “Dutch Heinrichs” has the reputation of being one of THE MOST EXPERT AND SUCCESSFUL THIEVES extant, or that has ever figured in the annals of crime. His exploits in the line of this profession wouid, if properly detailed, fill mafy volumes; in fact, @ more bold, ingenious and singularly success- ful criminal has rarely appeared. The results of his Operations are estimated by sone to have amounted to over one million dollars, which does not inclade the “Iitule’ iransacton known as the Lord bond robbery, when 5 ONE MILLION SEVEN HUNDRED AND FIFTY THOU- BAND DOLLARS IN UNITED STATES BONDS of various denominations were stolen, it is alleged, by “Dutch” and two confederates, His after career is noted for any quantity of transactions, in which amounts ranging from $5,000 to $50,000 were, it 18 asserted, stolen, generaily in broad daylight, from bank vaults or snatched from the hands of messen- gers or others in our most crowded thoroughiares. APPEARANCE OF THE PRISONER, “Henry Newman,” calied out the Clerk of the Court, and immediately after a medium-sized, well knit man, with wandering, shrewd black eyes and a A MOST PRONOUNCED JEWISH CAST of countenance, with a shuMing galt, stepped from the prisoner’s box and took a seat pointed out to him at the bar. Newman’s appearance, taken for all in all, 1s not calculated to prepossess the be- holder favoravly. He has a black mustache, which he continually moistens with the tap ol an enormous tongue. While waiting for the proceedings to be commenced he occupied himself with occasional glances at the Recorder, the jurors, counsel and the reporters, Messrs. Willlam F. Howe and ex-Re- corder Smith appeared for the accused, while Colo- nel Fellows occupied the District Attorney’s place and prosecated for the people, Some time was spent in getting an unbiased jury, but after this difficulty had been overcome, it was at tho requestot the jury, through tne District Attorney, agreed to take a recess for twenty minutes. A JUROR CHALLENGED, The Court reassembled at a quarter-past two o’clock. At that time Mr. Howe stated ho would like to question the seventn juror, who, he under- stood, was a member of the Board of brokers. He had no objection to the juror personally, but to do Justice to nis client he was bound to be somewhat punetilious, ‘The juror satisfied the counsel by affirming that he had now no connection with tae New York Stock Exchange. He was therefore retained, CASR FOR THE PROSECUTION, Colonel Fellows opened for the people. THe stated the accused was on trlal for a second offence, he having been convicted before City Judge Russel, in May, 15é0, Mr, Fellows was in che act of reading from the revord the trial and conviction of tne prisoner under the name of Ryan, with a “pai? named Crawiord, upon a charge oi watch stealing, when he was interrupied by the defence, wig obd- jected to the reading, Onjection waa overruled, and the record was put in evidence. THE TESTIMONY, Oficer Ferre was the first witness called fur the people. Tho witness testified he was a witness in the case o1 Edward Ryan at the time of the latter's conviction before Judge Russel; he recognized the prisoner at the bar as the man who was con. victed under the name ol Ryan; he was cnarged with stealing a gold watch from George Whitworth and sent to the State Prigon for two years, Abraham Keynoids, who {n 1860 was clerk for the Westcnester Stove Works Company, testitled—i hey had a contract at the Sing Sing Prison, and his (the Witness) lpression was that he saw the prisoner ae as @ convict, but he might possibly be mis en. Hawley Adams, the superintendent of the stove company, testified that there was a convict in the prison at Sing Sing named Edward Ryan, but ho Could not say that the prisoner Was the man. . Fellows said that he wouid proceed to prove the specific charge in the indictment, and called Henry M. Baker, Who said:—I am a member of the firm of J. 8 Kenuedy & Co, bankers, at 41 Cedar street; on the 1dth of January Jast thirty- three $1,000 bonds of the Appleton and’ New Loudon Railroad Company and a promissory note signed by A. F, Smito for $14,916 45, given as col- Jateral security 1or the bonds, were stolen irom a lin box which lay ona table of my private oliice; the bonds were numbered 365 to 397; their marke! Value was about eighty cents on the dollar; A. F, Smith was the owner of them; 1 had ae brought the box from the Stock Exchange and placed it on my table in the. neighoorhvod of eleven o’ciock in the morning; shortly alterward a man camein @ud engaged me iM conversation m regard to purchasing railway bonds; as I was talk- ing with him I saw another man in ‘the background, who sald notuimg to mo nor Ito him; aiterwards I walked up to my table, procured a pampiiet about vonds and handed it to the first gentleman Who came in; tie other one walked up to the table aud took one of, and stood in the middle of the floor, reading It; le was hold- ing a piece of olled silk on his thump or finger, a piece of which 1 now produce; in afew minutes they leit, and the piece of oiled silk was found lying in Iroat Of the box; avout five or ten minutes after they went out 1 discovered the loss of the above- named bonds; the pamphlets were beside the box; my back was turned ouce, when I went witn the other man to show him a railway map that was hauging on the wall; there had not been any per- son in the oilice between the dime I unlocked the box containing tne secusities until the mea came 12, Bad no One entered After they left before I ais. covered ihe toss; Lam positive that the prisoner, Henry Newnan, is the man who had the oiled sulk on his finger, Cross-examined by Mr. Howe—He did not go to Pinkerton’s detective agency relative to the Jarceny, nor to tue Police Headquarters; engaged a private detective named Mulloy, at the suggestion of a bankers’ frm in Wail street, who he learned wags in some Way connected in business with Detecuve Sampson, inen iu Kurope; Muioy toll wiiness that @ inan named “* Dutch Heinrich stole the bonds; this Was perhaps two weeks prior to the arrest of the deendant; he did not mention any other named; witness gave a description to Mulloy of the prisoner velore be (the detective) mentioned his name, stating that the accused had biack hair and a Mustache, but could noi now give Jurther cetalis; the prisoner was not pointed out to the witness b, any one, and he saw him iu Justice Hogan’s private ial rooi; nowwing Was sald in the lutere view with Mulloy about compensation for his ger- vices, but witness wondered thas he had not sent in his bill before this time; my ofice Is between the oince of the confidential cierk and that of Mr. Kens nedy; probably irom ten to filty persons come into our office every day; I do not Know that these men cume in together, but they went out togetuer; it may have been twenty minutes alter they lett that 1 discovered the loss of the bonds; I went to ine caps side of the room when I showed the man te ma, Waliet G. Oakman, the confidential clerk of J. & Kennedy & Co., Was the noxt witness, Ile testified tuat on the 16th of January last, between the hours of eleven and tweive o'clock, he saw & man i con. dictions wiied thd great naturalist made velore Baiuug,—Losiort Journal, March 200 r versation with Mr. Baker, and another man standin at the door of communication bevween the office o: the witness and Mr, Baker's oftice, Whom he recog. nized as the prisoner. The witness neard of the loss of the securities about half an hour after the men had left the buliding, Mr. Oakman was cross-ex- amined as to how the prisoner and his associate were dressed, but could not give detinite answers to the questions propounded to Lim on that point. He could not tell whether the men went out of the oMce bareheaded or not, and never saw the prisouer be Jore that day. Edward Baboock, a clerk in the employ of Messra, Kennedy & Co.'s office, tesufled that on the 18th of January he saw the prisover and another man pass into Mr. Baker's office, and when he saw the prisoner pass out he observed a piece of olied slik on his finger, Recorder Smith cross-examined this witness at length, with Bylew 9% Ange oul Wiether ie paid particular attention to the ined. He fold FEM DRS man Who accompanied tho prisone# had hid ! him when they were to Mr, Baker's office, hey.) were respectably dressed, and their manner did not excite any suspicion in his mind. Sabvsequent 1o the robverv he (the witness) waa in the strect with Detective Muiloy when they saw Newman, but he Was not arrested tll Lwo or three weeks after that, Assistant District Attorney Feilows. rested the case, reserving the right to cail witnesses to rebut testimony Which he supposed the deience would introduce to establish an ailbl. THE DEVENOR, Mr. Howe opened tle case for tne defence, stating that be would show by respectavle witnesses that on the day im which 1t was satd wis robbery took piace the prisoner was in Pailadelpiia, and did not rewurn to New York till evening. The counsel ad- initted that tne antecedouts of bis client were bad, but afirmed for the past two years he had ied an honest lle, ir. Howe asserted thata detecuve, pe whe had a spite against Newman, eifected As it was beyond the hour of anjournt t te counsel finished his ‘opening, whe pute wa: Journed tul this morning at ten o'¢i0¢k RN 1879.—TR aeeseaw ad wey OBITUARY. ‘ Prince Paul Gagariac. Prince Paul Gagarine, a famous Russian celebrity | “nas just departed from this work, “Prince Gaevarine Was one of the moat devoted seyvants Ol ine Rus- sian government, and one of the, fiercest bpponents of every radical political reforzn movement im that acme Eh IN Ea tanle; always ready, bows co S eaa ac eeeneae mae ‘Purough his hfe the ana warmly ‘the democratic Party and £0 its principles. and his character attached fey od asa ppb man were recognized throughout was 0° Warner 1. Underwood. Warner L. Undetwood, of Bowing Green, Ky., country, Whenever there Was a political trial to | @ distinguished citizen, has just died therd, m take place the Prince was sure to be appointed | the sixty-sixth year of hisage. He represented nis either juage or procurator, In 1825, when the great tial of the so-called "December Men’? took place, and when five of the richest Russian noblemen’ were hanged, some fifty others being sent to Siperia, Prince Gagarine was the Chief Cierk of the High Tri- bunai constituted for that purpose, In 1849, When some thirty otners were Con- demned to be shot or sent to Siberia for having discussed at thelr meetings the Euro- Pean events and ‘men of 1843,” Prince Gagariue Was tne President of the tribunal of judgment. The Prince had no less than sixty-eight years’ public service, He died a President of the Committee of Ministers, a Preadent of the Committee for Cauca sian Affairs and a President of the Committee for Polish Affairs, He was besides a member of the Council ot the Russian Empire and of the Central Commitee for the Affairs of the Peasantry. Prince Paul Gagarive entered the service of the Czar on the Ist of February, 1804, and commenced his military career. In 1806 he was already alde-de- camp to Field Marshal Prince Prosorovsky. Was the custom at the beginning of Uus centary the Prince added to his. grade of officer tne title of Gentleman of the Chamber, which that tame gave one the right to the rank (civil) ox Councillor of State. it was while in this position ‘hat ve passed toto tie civil service, and aiter nay- ing been for some tme attached to tae Procureur General of the departments of the Senate held at Moscow was raised to the post of Procureur Geu- eral of these degarvinents, in 1819 he was pro- moted tO the position of an actaal Councillor of State, which pernactted him, in 1869, (0 make @ ju. bilee in commemoration of nis fiftieth year of ser- vice in the nigher civit grades. In the well-known work of the Count Modesie de Korif—Ine Acces- sion to the Throne of the Emperor Nicholas 1” (turd edition, i857)—the writer speaks at great length (pages 63-69) of the important pait which Prince Paul Gagarine played tu tue raak of Procureur General, 10. the dispositions which, in Novemoper, 25, preserved Moscow trom troubles like those roducea at St. Petersburg on tie 14th December. ‘or the services which he rendered in this epoch Prince Gagarine received the badge of the Order of St. Viadimir of the second class, At the same time he was invested with prerogatives equal to those with which the Minister Justice is invested, Some years later he was made Senator, and lived at Moscow until 1844, when be wa» charged with the | reconstruction of the government of Astrakhan. In nine months 2¢ accomplished this difticuit task and Was abie to display there the qualities of the true statesman. While engaged in tnis work of reorgan- ization whe Prince had cecupied himself with divers objects, and had directed his attention to many pro- jects. He daily superintended the works of the committee entrusted with the revictuailing of the jeit wing of the Caucasian army, He deeply studied At that Ume the complicated question of the fisheries Of the Casp.an Sea, elaborated the projects relative to the colonization of the Kalmouks, and to inven- tions intended to protect the town of Astrakhan against the periodical Inundations in the spring; to the foundation of orihodox churcnes In the steppes, &c. His correspondence at this period had an enormous growth, and was distinguished by the Tarest pracuical spirit. It brought on Mim the spe- cial attention of the late Emperor Nicholas, and the Prince was enrolled a member of the Council of the Empire before he had com- leted the task with which he was entrusted, fe established himself at St. Petersburg in 1845, The Prince was an eloquent orator, The de- ceased statesman also took a very active part im the elaboration-of a judicial reform and some other reforms of the presenti Ozar’s reizn, The long services of Prince Gagarine procured for him many numerous recoipenses on the part of the various sovereigns under whom he held ofilce, He was chevalier of ali the Russian orders (with the excep- tion of the military order of St George), aud vore on his breast the portrait of His Majesty the Em. peror. He was, besides, invested with the rank of aciual private councillor of the first class. We may add thatit was ia 1864 that the Prince was catled to the Presidency of the Committee of Ministers, Humphrey Warshall. Colonel Humphrey Marshall died at his residence, in Louisville, Ky., about two o’ciock on Thursday afternoon, of pneumonia and bronchitis. Mr. Mar- shall was born at Kranktorv, Ky., January 13, 1812, His father was Judge John J. Marshall, of Loutsvi'le, @ nephew of Uhief Justice Marshall. Judge Marshali ‘was educated at Princeton, N. J., where he took the firat honors of his class. Colonel Marshall’s grande mother was sister to Chief Justice Marshall, so that he bad tn his veins all the biood of the Marshalls; His mother was the only sister of James G. Birney, many years ago the cand:date of the ‘diberty party” for President of the United States. Colonel Mar- shall graduated at West Polut in 1832, He gradu- ated in June and started immediately for Wisconsin, where he served a3 iteutenantunder General Scot! in the Black Hawk war. Alter the close of the campuign he resigned, went to Tennessee and got married, and in 1533 was admiited to the bar. in 1834 he settied at Louisville and practised law there ever since, except so jar as he has been iterrupted by public employments, In 1836 he ratsed a com- pany of volunteers to go to the Sabine and proteut our trontler, bat General Houston’s victory at San Jacinvo rendered the march of the troops anneves- gary, and they were disoanaed, In. 1846 Mr. Mar- shall was appointed by the Governor of Kentucky goionel pts sequoens of cavalry to go to Mexico, Hie served under General ‘Taylor, and was at the battle of Bueaa Vista. Colonel Marshall marched his regimeat by land from Memphis, Teun., to Satiillo, m Mexico, He started in July und arrived at Camargo about the ist of November. Qolonel Marshall shared freely in all the fatigues and cificuiiies of the expedition, In 1347 he returned to nis farm in Henry county, Kentucky, and was elected to Con- gress by the whigs in 1849,, He was a very active Supporier Of the compromise measures, In 1851 he Was re-elected to the House of Representatives. In 1862 he was appointed Minister to China and re- signed his seat in Congress. In 1854 he was recalled irom this mission by President’ Fierce, He was again elected to Congress vy the Know Nothiugs by & majority Of upwards Of 2,500. Colonel Mar- siall was @ corpulent man, with @ rosy, open countenance and a highly iteilectual expression. Notwithstanding his great sizo he was aman of very aclive temperament. A Journalist in the South said of him afier the Union war, ‘ilumphrey Mar- snail das thrown aside his sword—which he never used to any advantage—and opened a law oifice 10 Richmond, Va." Alexander White. The death of Mr. Alexander White, the well known art collector, is announced from Chicago. Only afew montis ago the valuable collection or paintings which be had brought together with inf. nite pains was sold under tho hammer in order to make good the losses sustained in the Chicago fire, Mr, Whito had returned to his home and was busily employed rebuilding his piaces of business and setting his affairs iu order, when he was struck down with paralysis of the beart. His death was most unexpected, as up to a few days previous to his decease he was in the emoymeat of vigorous heaita, Mr, Wuite was a native of Scotsnd, but came to this country at an early age. By energy and industry he succeeded in amassing considesa. bie wealth, whlch enabled him to surround himseif with those treasures o! art which ho prized most Jor their refining infiuence. At tho time of his de- cease he was actively engaged preparing plans for the restoration of the Chicago Academy of Design, aud Lhe establishment of a tree public ia ufart in connection witn the Free Library, Jn Mr, Wii! art has lost a generous und intelligent patron, an Chicago an enterprising and honored cilizea, Gareia, tho mbler. Thero has just died fn great wretciedness at Geneva, Sefiur Garcia, one who, in the annals of those who make haste to become rich by gambling, held @ conspicuous place, Garcia, the hero of several seasons at Baden and Homburg, was a scion of & good Spanish family, and was born at Saragossa, in 1930, and nad some littie fortune left him, which he immediately lost at the gaming lavie, He turned up in France in 1863, about which Ume lie became possessed by inheritance of a small property, realizing about 12,000 francs, ‘Th Was tte nucleus of the enormons fortune that he ‘Won at ecarte, at Daccarat and (rente et quarante. He possessed at one time £160,000, which he won entirely by gaming. He left France at the ume of the Calzado afar, and thé “diMouity” wita the Duke of Grammont-Oaderousse, He jived aftor- wards at Baden, where he lost all he possessed, and at Monaco, where he became walter in a ca/e, He has died in a wretched lodging, leaving barely sufilcieat to pay for his {aye mH He shuitied off this mortal coil leaving 1m his His pockeis five francs, tke lowest stake allowed al rouge et noury Ri ARE ARP a9 a GeoFze Storey, “Master of the Munt.? The sportsmen of the North Riding of county Tipperary, Ireland, have just lost one of the most popular “masters” that ever led on the Ormond Hunt. Captain George Storoy, Borrisokane, an oilicerin the Tipperary Militia, has sacsumbed to @ long and patniul uiness, He had to resign the mastership of the huat avout eighteen months ago, when the Glub, to testify tne sease of big wort, made hin & most valuable ‘presentation of stiver, Captain Storey was a yenuine character as a sport. ing gentleman and an aimiadle and accomplisued Man ln general society, General Paul Applebach, General Paul Appplebach died at hia residence In Bucks county, Pennsylvania, on the 21st of March. Ile was fil'y-ive years of age and had spent his whole life in the midst of the same community in which he ended his career, He was a perfect type of the Peansylvagia geatieman—warm-hear ted t in Geneva, .| plished by a series of suspension bridges from sireet district several tiiaes in Cong and subsequent), @ pleasing orator good, isindiy neighbor and Hi J William G, Broadfoot. William Gillies Broadfoot, one of the oldest resl- dents of Fayetteville, N. ©., died in that town on the Asthof March, He was carried of by an attack of pneumonia, Mr. Broadfoot was in the sixty-seventh year of bis age, He was 4 native of Amelia county, Virginia, but removea to Fayetteville when qnite young. He was in the bank- ing business avvut forty years. About the tos 1832 he was iu the Braach Bank of the United iates at Fayetteville as teller, When the United States Bank was closed he entered the Bank of tae State in the sime position and remained an oficial in that until the Bank of Fayetteville was organized, about 1849, when he becawe ils cashier, and so continued until 1t closed business, soon after the war. He was thea casiler 1M the broker oice of P. A, Wiley & Co, and their successors up to the or- ganization of the Fayetteville Natioual Baik over Year ago, When he became its cashier, and 80 remainé Until bis death, He was also United States Pensioa Agent for many years, up to 1861, and was deposi tary for the Coniederate States during the War, Early in life he married a daughter of the idte Icha. bod Wetmore, His father was a native oi Scotland, and settled in Petersburg, Va, at the age of thi~ teen years, ¢ Samuel Brooks. Samuel Brooks died at the resideuce of his son-in- law, ex-Mayor Abbott, in Concord, N, H., on Friday, March 22, in the seventy-seventh year of his age. He was @ native of Charlestown, Mass., where he spent the larger portion of his life, He wasa hatter Ey trade, and worked at that business many years. e a‘terwards moved to Warner, where he pur chased and successfully carried on a farm; but after Ue marriage of nis only child to Mayor Abbott he went there to reside, H® was @ man ot mgrked character, of decided opinions, of frank, genial and windly manuers and of stern Integrity, Daniel M. Suith. Daniel M, Smith, who aled recently in Lemp- ster, N. H., Was @ very worthy and widely esteemed citizen, In early life he was a successful school teacher, He held various offices of trust in his town, and was County Treasurer, a member of both branches of the Legislature, and of the Gov- ernor’s Council, William Saunders. From Anderson, 8. C., comes intelligence of the death of Captain Wiliam Saunders. Captain Saun- ders served his country im the war of 1812 as & captain ol volunteers, He was born near Charies- ton, and had been living in Anderson foriy-live years, William Bates. : The avove-named gentieman, long ifentified with the manufacturmg interest of Greenville county, South Carolina, died about hall-past six o'clock P. M. on March 18, at nis residence, a few miles from. Greenville, after a lingering illness. He was the founder oi the Batesville Factory, and lus knowl. edge of mechanics and macuiuery, eee. intuitive, redered him promment aud successiul, Me wad eiguty years of age. RAPID TRANSIT. To THR EpiroR OF TH HERALD:— How much loager will this most pressing neces- sity of the time be delayed? So many public bene- factors, 80 much legislation and inventive ingenuity, both in plans for construction and organizauon, and as yet no practical resuit. Chambers street seems lutherto to have been the Only starting point of every projected scheme, ana none seem to have passed that point. Suppose & new departure is made, and we make a starting Point from the middle of Westchester county, among some of the beautiful and picturesque vil- lages and lakes in tnat vicluity, where so many res- idents of New York have country seats, and many more would reside if furnisaed with means of rapid trausportauion, ‘Take, for insiance, some one Ol the projected raliways struggling for existence through Westchester county, continua 1t to the Hariem River, depressing it at street and road crossings, or carrying it by viaduct over the street— here would be a railway which,. thua constructed, would obtain its right of way through the southern and most valuable lands of West- chester at & comparatively nomial cdst, and would be patronized much better than any of the ratt- ways crossing at grade; the saving in cost of right of way would more than pay the additional cost in consiruciion, Such arailway tappiag the Northern travel and passing in the most practicaliy direct line to New York, running throaga tue rich and picturesque country between the Harlem Ratlroad aud the Danvury and Norwalk Railroad, con- stracted on this principle to the Harlem River, may cross the river either by bridge or tuanel, and would then become a power suilicient to coutrol all the funds and mfuence necessary to advance its works tarough the city on a system of viaduct or subterranean railway—being drom 1 icipiency practicully a rapid transit railway, What 1s wauted vy the puvilc 1s a cheap and rapid metiod of tansportation trom evd to end of the Island in comiortavle vehicles drawn by steam, to be continually running irom eiiher end at as slort Intervals OL time a3 INey be Consistent; aud in oraer to accommodate through aad way travel the railway must be wide enough to adinit of at ieast four tracks; the roadway must be pertectly saic, of suiticient capacity, mi the proudest sense of the term, and itis absolutely essential that it be in & Wholesome amospiere. Whavever plan may be proposed which does not compine these os:entiais ig uot What is wanted byte peopie, aud Willin all probavuity not procure the capiial necessury ior its construcuon, rash statemebis of millions bemg ouered to ia Contrary notwithstanding. Let us examine some Of the diferent pians, begin Ming at the vottom, or with the tunnel under Broad: way, disregarding (lor the sake Of argument) ail the dillicuivies and oxpense attendant on driving a@ tunnel under such a thorough fare, Ubrough rock and quicksand, below the foundations of immense buildings, because we are tulad that these are mere engineering dulicuities, waich can ail be overcome with money. We must not disregard, however, the stubborn tact that these immense bulldings are tie property of capital Wuich is Opposed Lo engineering experiments under thelr ioundatioas ; and here arises one very serious Oppvsition 50 this plan, Which Of itself is probably strung enough to defeat it, From an experieuce of mauy years in the transportation of passengers, 1 argue that “Young-Almerica” will aot rice under- round until he is driven there, In the cimate ot Eoudon (Where the subterrapeaa raliways are not through a continuous tunnel, the greater portion being through deep, open cuttings) the employes are subject to ‘a peculiar disease ol the lungs, Gon- tracted in the Impure utmosphere, Walch tucapaci- tates them in a few mouths, How much more uppure the conflued ar in a tuunel under Broadway would become by dust aud smoke aud the exudation and efluvia trom te surroundings, even with veatiiation, those wao have passed through the ‘Lhames tuauel or Lie Lua- hei under the Chicago Kiver can appreciate, ‘Ti13 @imosphere, tomb-like and cold, Would bo dau. gerous in its effect to passengers during tue suilry months of July and August, when they would be suddenly, and in a state of perspirauon, shunied down to its chilling depths, producing colds, rheumatisins and jevers, the result of his sudden or “rapid transit” Jrom a profuse perspirauion to a chill, These may be mere Opinions, but are, nevertheless, Worthy of Cousiaera- tuuon, The folly of @ stilted ratiway, such as we have on Groenwich street, can only be equalled by the suspended tubes and three-Wer Lumougs OF which #0 much has been heard, Ti, then, these scuenies are impracticable or will not serve the purposd, and a rapid transit railway is to be coustrucied, it Would seem reasunabie to infer toatit must be elther under tue suriace trough the middie of the blocks between the avouues, vy moans of open cullings with dnonels under tho cross sticets, or @ Viaduct In the same locatiun ula saiicient elevation Lo cross the streets with bridges; the spaces between the streeis may even be accom pee ‘The great diMicuity yet exper.enced bas 7 gnormous cost of he ol was baat besa raNKs ig Fedcod to he Nitigtege donb hy! it tnis departmedt ¢arties with it a yery Siyong re- Pommendations pager asine plan similar to this last suggested, whith been approved by a jarge number of capitalists, @ great deal of the right of way would be sell-sustaining—tnat 1s, the bilidings jacing the cross streets (uuder a system of suspension bridges) and which woud be requtred for piers ‘and stations, may also be Ntied Up in vheir interior for business purposes and yield an average rental equal lo seven per cent on the purchase of the properties, aduing 0 much to the rovenue of tne rauway. Yet this may not be tho best pian, or it may be improved upon, Neverihe- Jess, let a suburban railway on the principle recom- mended drive their raiiroad through quicaly on tnis plan, and noxt year the rapid transit railway may be in Course Of .OUusiruction. We shall then hear no more of the difficulties around the Grand Cen- tral depot, for on the oiler side of tne Hariem River will there be of necessity establisied a grand union ~ THE WESTERN RAILROAD WAG. Nebraska aud Iowa Contesting for: tho 10% Ways” Supremacy. ‘Where Has Congress Authorized the Eastergy Terminus of the Union Pacific Railroad To Bet—A Deadly Feud Between the Capj. taliste of the Two States—Resolu. tions and Recommendations by. the Lincoln Convention. UMAHA, Neb., March 20, 1873. The following resolutions were adopted yesterday at Lincoln by the largest assems biy of representative men ever convened in Ney braska:— is We, the people of the State of Nebraska, assem! In conveation, view with indignation the action o! the are of lowa—first, in memorlalizing Cone gress to pass laws to compel (he Union Pacific Rail- road to change the eastern terminus of its aud Make ite transfers of freiguia and passe: & that State; second, in passing a law promibi rallroads now or heresiter to be constractu ave ing their terminus at aay point on tue boundary of that State, from making any transier of ireight passengers or express matter to or with any ob! Tailroad company, elttier by delivering or recetvi the same, atany otier dite? than tn shat State; thi in providing extraordinary aud op; ve rem Le wee a enforcement oe ee jaw; fourth, in coercing, by threats ot legisiativ. punishment, the railroads of Iowa into oy obedt« ence to laws which are arbitrary and unconstitus tonal, and ta view Of (ne fact inat these tegal en. actments are calculated to destroy the interesia commerce, and are almed at the comumeretal life this Commonwealih. ONGRESS SANCIIONS THE OMAHA TERMINUS, Therefore we declare—- First—That by the several acts of Congress obs Ing existence to the Union Pacific Ratlroad me pany, and by the ofMcial acts and declaration of the ident of the United states aud cluefs of the Executive Department of the goverament, ti eastern terminus of the Uuion Paciiic Railroad Ww: nd remains ¢stablished ta Nebraska, Second—That under these laws and acts ver rights have inured to tae Union Pacific Ratiroad Come Bia ' caning lanes ouulays and expenditures, and he issue of 18 bonded sécurities based upon thé plan import of the jaw; its creditors who have loaned their money aud received such’ securiti and to the people of the State of Nebraska, WI giving largely of their lanas, money and credil aed sougat to reap tue abundant harvest resul ereirom. } Third—That no action such as ts desired by thd Legislature of Jowa 8 needed, and neitier the Legislature nor the Execuuve Departinent of th Dauonal government can in any mauner interfe to destroy the rigiis tus existing, but must lea’ ail questions and controversies to be decided by th Courts on tie basis Of existing laws; for an attem) to fix the eastern terminus or the Union Pact Railroad at a point dittereat Irom that now esta lished by the laws ol the United States, or eifect compel it to receive or deliver treight and pi ers at & point beyond the lewal termunus in anothey tale, would be 2 wanton attack upon their vou! Tights and an eifort to Jimpair the obligation existiag contracts, CONDEMNATORY ACTION OF THE IOWA LEGISLATO! Fourth—That the act of the Legislature of low: fa railroads tn that Siate transfei freight and passengers to connecting roads, excep ‘within its limits, 1s an assumption of power to late commerce among the several States void the constitution of the Unit-d States, vested excl sively in Congress, Under such assumed right an: State in the Union could Bo further, and pronibi' any trausfer on its Own soli of freight and passol gers to be varried beyond the limits of the Stat and could forbia raliroads of adjolning States coming into its territory to take dreight and paszen. gers out of it. Thus the entire luter-State col merce, business and travel of the country imay 6: factious and aroitrary legislation of apy Stat halted at lis boundary lines, compelied to sabmit ti vexatious interruptions and unjust exactions or totally interdicted. FUih—ihis unprecedented and unconstitution: action We denoune as arbiwary and arrogant, ant an efiort of the Legisiature of that State to agyral dize Iowa at the expense of her aster States an make Nebraska a mere tributary province whic! should not be submitted to withouwG mdignant proof and determined opposition, THE FREEDOM OF COMMERCE THREATENED, Sizii—The people of this sovereign »Siate d solemnly protest against tis unWarrantauie af tempt to interfere with the treedom of commer and busivess Of adjotuing States, 1a une interest of border town, ag repuguant to the letter aud spirt ol the constitution of tue United states, as hostile t the interests and rights of this state ani its ou zens; and we do herepy declare that such legis tion shall be reseuted to the utmost, in evel rightful aod proper manner, Sevenih—We respectiuily ask Congress, In view of this. extraordiuary enactment, to consider whetht any further legislation by federal power is necet sary Lo secure (reedow to commerce among Statet and we Call upon the Legisiature of Iowa—appa: ently without due reflecuon, lea by the intems perate and passionate appeal of a disappoint community to the passage of this ObnOxi0.s actly to repeal the same and not present.to tae world th unseemly spectacle of a State setting at defianc tue supreme law of the jana, rempdia'ing | comity of States, claiming for herself ail tue privis leges and yielding-none to others, A WAY OUT OF THE DIFFICULTY, Kighth—That in view of this nostile te.islattony We Call upou our Capitaiisis and buginess inen take Immediate measures ior the constsuction and’ early completion oi a lne of railway ir the. southern to the northern vouudary of this state, to tue end that tie trade and business of our S.ate, Well as the commerce Lo the West of ay fin its way to and irom the South and East; that these Trecommeidations are uot made im any retallas) iory spirit, but svlely ior the puiuse of suggesting to our people @ way by which! they. can easily avold = payin inibat@, and bearing burdens waicn are sougtit to be ims, posed upon us; that & Commitice be a} o.Ce a} pointed, composed of represeuative men, to Visi the etty of St. Louis and lay vetore we Loard ot ‘Trade this enterprise, aud procure, if Pogsivie, the assistance of the people of that city and tio State of Missouri and of Weir capiialists and railroad Core, porations in aid of the construction of said road, ALAND SUSSIDY OF SEVAN MILLION AUK ES. Ninth—Tnar the Union Paciilo company receive from the government its ment of way tiroagh th evure liu its Of this Simic, together with a suvsily Ol territorial doinan to the umount of over seven! mithon acres of jaud free, which otherwise would Haye been open to actual setilers, at government > prices, and has at tis time Witaln our limits almost, tive huadred miles .of railvowd In operations that im addiuon to ail this Omaha an Douglas county, Nebraska, and tue cltuzens thoreot have donated ta atd of Us exterprise more than & iniliion of dvilars. in consideration theroot the Union Pacific Company has entered mto solemi contracts With them, by the terms of which It hi been agreed to give to Nevraska all the veneiit which legitimately resulé from tie matnicoance ot the terminus of ity road where it 13 estaviisued by, existing law. Tentr—ihat while we cheertuily acknowledge bi great Importance and advantage resuiting from ( construcuon and operativa of the Union Pracili road through our Staie, and recommend (rieadl and liveral legislation towards said corporauony sull the people of tals State have reason woexpec and a right to demaad of sata company @ strict Lule filment Of its pari of its contracts with us. . garescenseee RSSPES. SSSaressS THE MYSTERIOUS POISSNING Li BROOKLYAg A Post-Mortem ©xamination~Suifvcated by Coal Gas. f The supposed mysterious poisoning of eleven pers sons at the residence of Colonel J. 0. Jack, No. 19 Raymond street, has been the subject of more o1 less comment since the sad occurrence was mada public, There were mayy teories as to the probas ble causé, some contending that the untoriuaate people must have been poisoned oy sometiing in) thew 1ood, while others were of the opimion that the cause was through a defect in the pipes leading ‘rom the heater im the hase. Ment. Yeserday the mystery was expiuined,. through @ post-mortem exauidaation made vy Dr. Shepard, tho jail physician, ou vie boa oF Msg. Norton, the elderly maiden who was fourtd dead tm. er room at tie louse, Dr. Shepard was assisted i fis examinaiion by Dr. Forbes and Corover: Jones, Who is also a puysician, while two brolnery gf the deceased, who are provessors of chemistry,’ Were present, ‘They made @ thorough examination and found all the orgads in @ heaithy condiuon except the lungs, and (hese were cougesied, ‘ine uufortunate aan ef mhaigd so iwuch of tha coal gas that tt could be detevcsd by the smo whem the lungs were opened, ‘Tney fowl, tuereiore, aay the cause of deatn ras gaehy xis, acd votirom any poison taken in tie foo ~ STRONG LANGUAGE PROM FariuR VUUBY, To THE Eprror or THe Hera: < Permitgue through the medium of your appre= ciated journal to call the attention of the Rev. Father Ducey, of tho Church of the Nativity, to a rather satirical remark made use Of by him on iast Suaday at one of the carly masses. Abjurating in a very eloquedt discourse the Padisst eilecis of night walking and furting oa the avenues, he siated that the greater portion of young people who attead church nowadays go fer no other purpose tian the aforesaid and to form = auqualntances wiuch mvyariably produce the most unhappy res suits. Agreeing with the reverend yeatioman in nis devunclations of 80 pernicious a vice, why id he quuke use of the melegant expression “vant i would require an Ire priest with & shileian ja his band to clear the avenues of these seml-rellgious nocturnal ders.” And Why an irisi privet, pray? promenaraoreristic relerence ot lls’ to the Lis depot tor all the ratiroads entering the city, whence will be despatched an almost coulinuous stream of Passenger trains over the rapia transit raw Without noise and confaston, and the disagree imporvudilies and inconvenience to Which the wr elier 18 now subjected on leaving the depot will ranked among the barbarities of the past. = A. Be st may please (he more fastidious portion of bie Pnaitors, ous I doubt if it wil) eadear bim to 1he majority of his congrogation, who are ta tue aggre- gate Irish, and who venerae wilh loving licarts tha 80} gare ies of their aaa ae ia Cay A would advise tie revercnd Javher tu fu 0 more cholce 1a his eplihora, ie By

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