The New York Herald Newspaper, May 25, 1872, Page 5

—- FLEETWUUD PARK, Third Day ,of the Spring 5 Meeting. Brilliant Attendance, Excellent Trotting and Pleasant Weather. Wettio Morris the Winner of the 2:39 Contest and James H. Burke the 2:27 Purse, Exceedingly lovely weather ushered in the third @ay of the trotting meeting at Fleetwood, and faliy threo thousand or more ladies and gentlemen took advantage of the occasion fo participate in the ex- citing amusement offered by the events on the ecard. The recent rains, though they necessitated a postponement on Thursday, made the country look eharmingly and the reads of Westchester beautiful m their spring garniture. The grass never Jooked fresher than yesterday, the hedges mever greener, the treca never more lnx- uriant in leaf, nor the gardens never prettier in their wealth of blossoms, and, the pablic anticipat- ‘tng this, the majority visited the Park in carriages, the number of barouches, light wagons and landau- jottes present exceeding that of any other day by Bundreds, By the way of the Harlem Rallrood went the 014, familiar faces, packing several extra ears, many of whom speculated, as they whisked along on the short journey, regarding the events of the @ay. The grand stand and balcony of the elub house rapidly filled up, and many ladies re- mained in their carriages in the fleld, preferring this point of observation to that on the bluff, even though not so satisfactory, perhaps, in obtaining as fine a genera) view of the competing horses. The Twenty-third regiment band, stationed at the club house, commenced to play at an early hour, and, Jedging from the faces of the ladies, thelr selections were both of the pleasantest and most appropriate nature, From the grand stand the melodies were soft and inspiriting, more than one approvingly testifying their appreciation for this great addition to the pleasures of the afternoon. Long after three @clock the crowd continued to augment, and neat and showy equipages were on every hand, taxing to their utmost the busy boye and men on the grounds to give each and cvery visitor due atten- ton. Just before the bell commandingly rang the horses to the score for the first event Fleetwood and surroundings presented a charming picture, Not in their glorious garments of autumn could it be more pleasing. To the left the giant trees on the knoll overlooking that portion of the track and those on the hill above about the stables, and on the right, near and beyond the cooling-off sheds, sparkied in their beauty, each and every branch and leaf tipped exquisitely with the golden gleams of the delicious aos Ee hot too bright for the most tender eyes. orrisania beyond, in its nu- merous handsome cottages, _ added ~~ much to the scene, and none with a heart for the beautil and appropriate in nature and art can easily forget the impressive view. Among those present were numerous repre- sentatives from the Prospect Park Fair Grounds whose inauguration of the trot- at Long Island takes ace ond these gentlemen could not in the general expressions of satis- the beautiful Fleetwood Course and leading thereto, The best of order Pesraliod t roughout the day, and quietly aiding officers of the Association in this respect were ‘Captain Wilson and Sergeant Steers, with a vi lS The pool sellers, Messrs. Marsh. Johnson, were Sony as bees rapa the trotting, and, in fact, everybody eonndoted with the grounds, from Superintendent Van Cott down aurone scores under him, had not a moment to lose the livelong afternoon. The sport continued until nearly dark, and then the crowds departed, well pleased with what they had wit- messed, and indulging in anticipations of that to be offered to-day—tho last of the spring meeting. The Trotting. ‘The track wasin fair condition, but not fast, be- cause of the deluging nature of the continued rain during Wednesday evening and the heavy showers of Thursday morning. The events of the day were tho purses Nos. 5 and 6, the former of $1,000, for horses that had never beaten 2:39, mile beats, best three in five, In harness; $600 to first, $250 to second, $150 to third, for which weven came to the score, there being W. II. Wilson's Diack mare Lollie Pate, A. Vanderburg’s gray geld- ing Frank, B. G. Murphy’s bay gelding Tip, John Ellis’ pay gelding J. Ellis, Wm. McMahon's bay ding Coroner K., Lon Morris’ bay mare Nettie Some aud J. L. Doty’s brown staliion Edwin eh Nettie Morris won the race in three straight cals. The second event was for horses that had never Deaten 2:27, same conditions as before, which called out George'N. Ferguson's black gelding James H. Burke, John Murphy's bay gelding Charley Green, Alex. Pattedson'’s chestnut gelding Dreadnaught and J. H. Whitson’s chestnut gelding Clarence, After six heats of exciting interest James H. Burke secured the victory. In the latter field the gray gelding Lottery was expected by his admirers & be present, but after work on Thursday afternoon he ‘was taken sick, and continuing so up to the hour of the race the Judges consented to his withdrawal, THE FIRST TROT, First Heat.—Tip won the pole, Lollie Pate second, Nettie Morris third, Coroner K, fourth,Edwin Booth Afth, J. Ellis sixth, Frank outside. They had a very fair start, Coroner K. taking the lead around the turn, Tip second, Nettie Morris third, J. Ellis fourth, Lollie Pate fifth, Edwin Booth sixth, Frank seventh, When the horses reached the quarter pole Tip was ‘on the lead, passing that point in ee sec. onds, Coroner K, second, Nettie Morris third, Lollie Pate fourth, Edwin Booth fifth, J. Ellis sixth, Frank weventh. Going along the lower turn Nettie Morris ‘went to the front and showed the way to the half- mile pole, in 1:17, by two Leperit Joroner K. second, three len; ths ahead of T iP; J. Ellis fourth, Edwin’ Booth fifth, Letlie Pate sixth and Frank venth, the four last named a length apart. Nettie iorris then opened the gap, and coming along steadily won an easy heat by two lengths, Coroner K, second, Tip third, Frank fourth, Lollie Pate fifth, J. Ellis sixth, Edwin Booth seventh. Time of the hest, 2:37. Second Heat.—tip was first away, Coroner K. gecond, Nettie Morris third, kdwin Booth fourth, Lollie Pate fifth, J. Ellis sixth. ‘he horses trotted in this way around the turn, but when they reached the quarter poie Nettie Morris was leading one Jength, in thirty-eight and a half seconds; Coroner K. second, one length ahead of Edwin Booth; Tip fourth, Frank fifth, Loille Pate sixth, J, Ellis sev- enth. Going along the lower turn Nettie Morris led two lengths, which she carried to the half-mile Ole in 1:154, Tip second, one length In front of roner K., the latter being three lengths tn ad- vance of Edwin Booth, who was two lengths ahead of Frank, J. Ellis sixth, Lollie Pate seventh, Nettie Morris opened the gap to four lengths up the back- stretch, and, coming on steadily, won the heat by four lengths, Coroner K, second, a head in front of Tip; Frank fourth, Edwin Booth fifth, J. Ellis sixth | and Lollie Pate seventh. Time, 2:3514. | Third Heat.—kadwin Booth had the best of the send-off, but It was soon taken from him, and Coro- er K, led around turn, Frank second, Nettie forvia third, Tip fourth, Edwin Booth fifth, J. Euis | #ixth, Lojiie Pate seventh. They trotted in this | way to the quarter-pole, in thirty-eirht seconds, | Goroner Ke kept fie Jead around” thé tower mn, ud at.Wie Haine pole was two lengths in front of Nettie Morris, in 1:16. Frank was third, Tip fourth, Kdwin Booth fifth, J. Elis ext and Lollie Pate seventh. Nettle’ closed v8 otiwer K. up the backstretch, and was lapped on him at the three-quarter pole. As soon as ale swung into the homestretch she carried the Coroner to a break and coming along sag Abe the heat by two lengths, Coroner K. second, Frank third, Tip fourth, J. Bilis fifth, Lollie Pate sixth, Ed- Win Booth seventh. Time of the heat 2:374. The Jollowing is a SUMMARY. FLEETWoon PARK, May Purse $1,000, for horses that have never beaten + $600 to the first, $260 to the second, and $140 to the third horse, mile heats, bost three in five, in harness, 1. Mor 13 entered b. m. Nett! seu), Red ‘W. McMahon entered b. g. ¢ 222) B, G, Murphy entered b. g. 334 A. Vanderburg entered 443) Jonn Bins entered b. x. 9: Bille 66 5| W. H. Wiison entered bik. m. Loli wee 7 6] Doty entered br. 8, Edwin Rooth......7 5 7 J. W. H. Doble entered b. m. Rosalind Isaac Pawling entered b. Patterson entered ch, ter Manee entered ch, rat heat coud hea Third heat. First Heat.—Chariey Green won the pole, James fi. Burke second, Dreadnaught third, Clarence out- eide. At the start Chariey Green had the best of it, but James H. Burke soon passed him and led sround the turn, Dreadnaught third, Clarence fourth. At the quarter pole, which was passed in thirty-eix and a haif seconds, James H. Burke led four Jengths, Charley Green second, one length in advance of Dreadnaught, the jatter being ten lengths ahead of Clarence, Burke trotted very steadily along the lower turn, Charley Green and Dreadnaught gaining on him Plow At the half-mile pole burke led oue length, 1 We NEW YORK HERALD, SATURDAY, MAY 25, 1872.—TRIPLE ding every exert latter, serve won. the heat by a. half, in 2:27%, Charley Green second, eight lengths in front of Dreadnaught ; Clarence Joke inside the distance. Second Heat.—James H. Burke was a great favor- ite over the field. He took the lead soon after Jeaving the score, and going rapidly down to the ; Green second, one length ahead 1m 111 cagute the 1atter be ity yar infront of Clarence, ii up the Sees twotted in jon on the part of , warter pole 4 that point in thirty-five and a secon ur lengths ahead of Charley Green, who was eight lengths in front of Dreadnaught, the latter being one length in advance of Clarence, the two latter having broken up badly on the way thither.. Going along the lower turn Charley Green trotted very fast, and shut up the daylight entirely on his way to the half-mile pole. This point was passed by James H. Burke one length ahead of Charley Green in 1:113, The other horses were fifty yards behind, Coming up the backstretch Burke broke up, and before he re- coverd Charley Green passed him and led four lengths to the three-quarter pole, Burke trotted fast afterward and closed up to Chariey Green on the Lomestretch; but, breaking up again, Charley Green won the’ heat bya short length in 2:20%. bebe was fifty yards behind Burke, Dreadnaught fourth. Third Heat.—The peting was now much in favor of Charley Green, one of the pools sold bringing 200 on Green to $75 on all the others combined, tthe start Burke had a trifte the best of it, Charley Green second, Dreadnaught third, Clar- ence fourth. Charley Green broke up while golug around the turn, and Burke dashed to the mnt, He was three lengths ahead at the quarter pole, in thirty-seven and a half seconds; Charley Green second, Dreadnaught third, Clarence fourth. Solng along the lower turn Burke broke twice and gaines ateach break. At the half-mile pole, which was d in 1:42, he was @ length In front, ‘ley Green second, Dreadnaught third, Clarence fourth. Going up the backstretch all the horses ran, and they were on even terms for a part of the way. ~When the horses passed the three-quarter pole James H. Burke led by a neck, Charley Green second, Clarence third and Dreadnaught fourth, Burke trotted steadily up the homestretch and won the heat by half alength; but this was taken from him for running and the heat given to Onseien Green, the second place being given to Dread- baught, Burke third and Clarence fourth. Time, 330366 Fourth Heat.—The horses had a good send-off, but as they passed into the turn James H. Burke took the lead and wenf to the quarter pole two lengths in front of Charley Green, in thirty-seven and a half seconds; Dreadnaught third and Clarence fourth. Se around the lower tarn Charley Green shut 3 the daylight and was at Burke’s wheel at the half- mile pole in 1:1244: the others as before. Coming 7 the backstretch the struggle was close between Charley Green and Burke, and they passed the three- quarter pole with their heads together. As they Awung into the homestretch they were yoked, and they came on, side and side, until eighty vards from home, when both horses broke up. Burke re- covered the quickest, and won the heat by three lengths, in 2:28. Dreadnaught was six lengths be- hind Charley Green, Clarence fourth, Fisth Heat.—Charley Green was the favorite at six to four over the fleld, James H. Burke had a trifle the best of the lead, Charley Green second, Dreadnaught third, Clarence fourth, At the quarter ‘Sie Burke led two lengths, in thirty-seven and a half seconds; Dreadnaught second, Charley Green third, Clarence fourth. Going around the lower turn Charley Green trotted past Dreadnaught and took sides with Burke, the latter passing the half-mile a head in front, in 1:14; Chartey three lengths in advance of Dreadnaught, who was six lengths ahead of Clarence. peicegtiy up the back stretch Burke broke upandran alongside of Green for some distance, but did not fain anything by the run, as Charley Green Jed him alfa length to the three-quarter pole. Charley Green then made a succession of breaks, and Burke beat him home a length, Dreadnaught third, six lengths ahead of Clarence. The judges, after a great deal of discussion, decided a dead heat be- tween Charley Green and James H. Burke. ‘Tine, 238134. ‘Sixth Heat.—James H. Barke was now the favor- ite at 100 to 70, Dreadnaught and Clarence were sent to the stable fer not winning a heat in five. The horses had an even start, and they trotted around the turn to the quarter pole head and head in thirty-seven and a half seconds, and, keeping PAekde together, passed the half-mile pole in 1:1: ‘hey came up the backstretch like a team, 80 age 4 were they matched in speed. At the three-quarter pole Green had the best of it by a neck, and with this advan- fe he came into the homestretch, where this most exciting struggle was continued to the stand, Burke winning the heat and race by a length. ‘ime ofthe heat 2:32, The following is a SUMMARY :— Fierrwoop PARK, May 28.—Purse $1,700, for horses that have never beaten 2:27; $1,000 to the first, $450 to the second and $250 to the third horse, tulle heats, best three in five, in harness. G. M. Ferguson entered bik. g. J. |. Burke......0) sees * 101 J. Murphy entered ‘b.’g. Charley Green .... sevens 1202 A. Patterson entered ch. g. Dread- MOURNE oon oee coast vacesetas ses 8 423 Sr.o. J. H. Whitson entored ch. g, Clar- 44 4r.0. ence,... ier D. Pfifer entered g. g. Lotuery..... di Budd Doble entered bik. g. Glen: Firet Heat.. Second Heat. Third Heat. Fourth Hea Fifth Heat.... Sixth Heat. MUSIO IN THE PARK. The Department of Pablic Parks announce that, if the weather be fine, there wil!l be music by the Central Park Band to-day, commencing at hall-past three o’clack P. M. The following is the programme :— Pant 1. 1, Overture, “Ruler of the Spirits” ..Yon Weber 2. Waits, “Artists’ Life” cesses . Straass 3. March (popular song), “Rocked in’ the Cradie of the Deep”....... teseeseseceresesees DOGWoRth Pane i. 4. Reminiscences from operas. Meyerbeer 5. Mazurka, “Fata Morgana,” Strauss reto, &¢., to third Symph Mendelsshon 7. Galop, “Light Blood, rant Scotch airs... trauss . -Dodworth Machine,”’. 8 . oe Strobl ‘Come, Pretty Birds,” ... .Gnmbert rest,” i. B. Dodworth Musical entertainments will also be given at the Battery Park on Tuesday next, and at Tompkins square on Friday next, should the weather prove fine. THE EXIGENCIES OF EMIGRATION, How Diseases are Carried to Our Coast— A Ship Load of Passengers and no Sur- geon—An Evil that Necds Investiga- tion. However readily the American government may welcome emigrants to the shores of Columbia, yet it behoves it to look after and ascertain that ves- sels landing passengers here should not bring with | them the diseased surplus population of other | nations, An investigation was held yesterday by the Com- missioners of Emigration relative to the mortality on board the bark Athena, from Bremen, Com- missioners Hart, O'Gorman, Lynch and Wallac were present, and were also represented by their counsel, General Hillyer. The consignees of the ship were represented by their counsel, Mr. Frank Rudd; Consul Generai Rising was also in attend- ance. The captain, first and second mate and some of the passengers were examined, Captain Christof- | fers testified that the ship was thirty-nine days at fea, carried 474 passengers, among which were twenty-six deaths, mostly from small-poy and measles; the passengers were treated by the first | mate and himself, no doctor being on board, thé + German government not requiring emigrant to carry doctors, 5 MS ptain attributed the m- creased mortality i6 ik Want of A physician’ an abundant supp y Of provisions and water were on | enn were distributed, | | the children, would have been held subject to the “DE James ©, Hallock, resident physician at Castle Garden, testified that a number of child rom the Athena were treated in the temporary hospital, and tn his opinion they were suffering lrom want % nutritious food, and three of tie children died | there. Specimens of the provisions were exhibited, and the rene ged stated they received a suficient quantity of food, J. ©. Holand, Jr., resident physician to the Com- missioners of Emigration, sent @ communication to Coroner Keenan yesterday, in which he stated that | the bodies of Joseph Witonska and Frederick Schu- bring, aged two yearseach, who had died aboard the Athena previous to her arrival in port, had been gent to the Morgue, the :mpression being that the Health OMcer would furnish certificates of their deaths. But Dr. Hatlock states that he has as- certained that that department is not able to give them, and as the children arrived at ‘astie Garden dead, and, during their sickness had been unattended by any physician, he referred the case to the Coroner. From this vessel several other bodies, five in all, were conveyed to the Morgue, and the driver of the hearse belonging | to the Commissioners of Charities and Corrections was instyucted to take them, or they, with those gf Coroner's investigation. According to the history given by their parents, the children died of diarrhaa, generated by the in- ferior provisions distributed on shipboard, Coroner Keenan will take such action as the case demands, ‘ DESTRUCTIVE FIRB IN JERSEY. Yesterday morning a fire broke outin the silk factory of Francis Kiahre, on the Hackensack plank road, near Union Hil), and despite the efforts of the firemen from four neighboring townships, the flames consumed the whole building, as well as Klahre’s dwelling house adjoining. ‘The fire was caused nye combustion of shavings in the engine room, he loss approximates $40,000, partially covered by insurancg. | others, Judge Thompson will doubtt: BLAIR ON GREELEY. ee Montgomery Charging the Anti-Greeley Democrats Under a Nom de Plume= Do by Supporting the Cincinnati Ticket. Montgomery Blair has entered the lists for the national campaign, the following letter having been forwarded to the Newark Hventng Journal under the nom de plume ef “Sydney :"— The objections to the support by democrats of the Cincimati ticket stated in a letter published~in your paper of the 18th, signed “A Liberal Demo- orat,” are in substance— First—That It would be an abandonment of prin- ciple; the persons nominated being thorough re- pores and the nominations having been made we a Convention composed exclusively of repub- jeans. ‘That such soonest is unnecessary, in as- much as the radicals being divided, a ‘straight democratic ticket may be nominated and elected, The first objection is met by the action of the de- mocratic party through its representatives in State conventions last year, and especially by the recent actions of the great States of Tennessee and New York, in adopting the Cincinnati platform, When our party conventions adopt the Cincinnati plat- form and recommend the co-operation of all who stand upon It, in the elections, the presumption is that such co-operation involves no sacrifice of prin- efple; and the expianation of how those who have heretofore Cert Mr. Greeley can support him now, is found in the resolve to forego all farther contest upon the measures: which have been the chief subjects of difference heretofore, for the sake of his co-operation with them in the pending elec- tion with respect to certain questions which they regard as important subsisting questions, ‘The second objection proceeds upon a mistake. Mr. Greeley would be compelled to witharaw if democratic ticket should be presented, and the re- publicans will again unite and cast their full strength against us, Such action a6 is proposed by a “Liberal Democrat” would be evidence of bad faith in two respects :— First—It would be charged that, asa party, the democratic party had so acted as to pledge itself to the leaders of the Cincinnat! movement to sup. port them in it, Second—As the partyhad adopted the Cincinnati platform in ite State Conventions generally last year, in what was called the “new departure,” it would support the nominee if it was sincere in pro- posing to abandon <ead issues, The partisans of the administration charge that the “new departure” is but an artful doge invented by the Tammany tricksters to possess themselves oi power, and that If they are allowed to obtain pos- session of the government they will undo all the works of the war, &¢. Unfortunately the men thus stagnated had been allowed to reach such positions in the democratic party as seriously to discredit the country; and the elections last year showed that, in spite of the Map ton of the new departure by the party, its strength was not increased, The discontent of large numbers of republicans was proclaim but they distrusted the democratic leaders, and were apprehensive that their reat ion to power would reopen past questions, notwithstanding their decla- rations to the contrary. ‘rhe liberal movement has grown out of this con- dition, and ite leaders have been welcomed to the Jront by the masses of the democracy In spite of the general ov ositionof the leaders, and especially of the New York World, which had taken so pro- nounced a part for the new departure that its sup- port was a logical necessity, Now the strength of the administration lies whol in the want of faith in the aemocratic teaders whic! isfelt by the Northern people. The power which has been held by Tammany in the party has enabled the administration to infect the Northern mind with such distrust m the erganization that when the World, which was the apologist of Tammany till ‘Tweed was arrested, led off for what 1s called the “new departure,” it was treated asa trick, Now, if through the influence of that paper and its asso- ciates the democracy should refuse to stand by the new departure, for no other reason than because it is proposed to put the power in the hands of a lib- eral republican instead of into the hands of a new departure democrat, their sincerity may well be questioned. We can then be charged—and not without proof—of double duplicity— First—With having invited the liberals to make a stand against Grant with an implied promise of support, and then deserting and sacrificing them by attempting to slip inte power ourselves by vir- tue Pibns division in the republican camp thus fo- mented. when we profess to surrender dead issues, and the proof will be that, while we ratify and approve the Cincinnati platform, we shrink from the test of com- mitting the power to those who are as fully eommit- ted to it as we are, but whose record gives a better guarantee against the revival of the dead issues. As an is the obvious dictate of common prudence to take cheat, But ‘Liberal Democrat” says “the consent With the single exception of the Atlanta (Georgia) Sun, ali the democratic press acquiesced in the policy of supporting some nominee of the Cincin- nati Conve! Mm. But “Liberal Denocrat”? says Mr. Greeley was not thought of even %y his friends ag the nominee. All, however, who were thonght of were radicals, and the only ditference between them and Mr. Greeley was, that, not havipg been editors, they had not offended so many leading democrats “by criticisms upon thei. If po- litical principle, aud not personal fecting, to be the test, no reason can be given for ing Greeley and supporting Adams, Brown, bull or Davis, Alf that ean be said is, they have not fought the Democracy so long and so hard, But, per contra, it must be admitted that they have not fought Grant so effectualiy, and just now it is power to overthrow him that is wanted. When the liberties of the people are in resent individual grievances, Greeley has dealt me many heavy blows, but since he has turned his guns against Grant, and has come to resene the country from the brutal tyranny which so degrades us all my heart grows warm to him, and ts purged of all resentment for the heavy blows he has struck us in past conflicts, by the reflection that it is only be- cause he has been go stern an opponent of the de- mocracy through life, that he has it now in his power to save the country. SIDNEY, GREELEYANA. es Miscellaneous Notes About Greeley and the Campaign, The Philadelphia Press thinks this cannot be made a singing campaign, on acconnt of “the dearth of words to rhyme with Grecley.”? Guess not. Look ata partial Jist:—Nigger-Heely, bran-mealy, right- about-wheely, going to win really, striped pig aqueaily, loll lealy, pumpkin peely, corn-juice freely, for Greeley. Does Bull Run Fly go for Greeley ? What becomes of the Private Secretaries of our Presidents after their Presidential terms expire ? The Montgomera (Ala.) Advertiser dogmatically :—“We must have harmony.” It is harmony State the Advertiser wants, The Hartford Times cries out lustily for a ‘change,’ and “an end of horse statesmanship and bullpuppery.”” The Pennsylvania Democratic State, Convention meets in Reading on the 30th instant to nominate State officers and delegates to Baltimore. Among the aspirants for the nomination for Governor are Messrs, Cass, Buckalew, Noyes, MeUlelian and be nomi- nated for Supreme Judge. The Auditor General and Congressmen at large are not yet fixed upon. ‘The Hartford Courant talks of the “era of good ley. ry Jatekill Recorder says it was “black ingrati- | tude” on the part of the colored people of Poagh- | keepsie not to turn out and welcome “Massa” Greeley on his last lecturing visit there, The Livingston (Aia.) Journal fears that “the Second—We should be charged with dissembling | we profess to desire to get rid of those issues in fact. certainly wish to avoid them in the canyass, it @ candidate who cannot be suspected, and there- fore we certainly would do so unless we meant to given to the action at Cincinnati by democrats was Npon conditions that were not considered at all.” eril it isho time to | on your marrow bones Kneely, and pray and vote | | | feeling and moral mush” in connection with Gree- | golden opportunity to defeat Grant will be thrown | away.” The “golden” opportunities do not appear to have made much of a show as yet on either side. There is not cash enough in the Greeley treasury at present to pay the expense of spongiug the philoso- pher's old white coat. Kate Leary, a young girl only thirteen years of age, residing at 667 Seventh avenue, was arrested by OMcer Whisker, of the Twenty-ninth precinct, Thursday night, on complaint of Charles Moffat, of 671 Elghth avenue, who charges she came into his store and picked his pocket of $72 in money. Charlies Ormsby, of 554 Seventh avenue, also ac- companied the complainant before Justice Cox at Jefferson Market, yesterday morning, and stated that during the month of November last the girl entered his bedroom and took $32 in money from hus vest pocket. The police state the prisoner is a notorious bad character for one so young, and ex- pect by to-day to be able to have additional com- plaints against her, She denied the charges, but was fully committed for trial, OWNER FOR STOLHN GOODS WANTED, Detective Van Gerechten, of the Twenty-elgith | precinct, yesterday morning arrested William Rogers, at his apartineats, $744 Sullivan street, in whose possession he found four pieces of Swiss muslin and four pieces of embroidery, which, it is charged, he had stolen from a dry bd wagon tn Varick street, Thursday afternoon. Ti vods are at present in the Greenwich station house awaiting a claimant | charged, though witness reques | Of the Seventh regiment met last evening at the FIFTEEN YEARS AGO. ‘What the Democracy Might Be Able to | Michael Hayes Tried for the Murder of James O'Donnell in 1857---Artful Dodger Roches- ter Fails ax a Prosecutor, ——_——_—_ HAYES TRIVMPHANTLY ACQUITTED. pee et APPLAUSE IN COURT. The Court of General Sessions was densely packed yesterday morning, the trial of Michael Hayes for the alleged killing of James O'Donnel during a street brawi on the 17th of May, in the year 1857, being at last called’ on, The case has been called on at least eight times since the complainant, one Lewis Clarence Henry Rochester, appeared before the Grand Jury, Repeatedly the complain- ant failed to appear, sending messages and letters to the office of the District Attorney, stating that, from sickness and other causes, he was unable to at- tend, Mr. William F, Howe, counsel for the prisoner, earnestly contended for the discharge of the ac- cused, as Rochester was a notorious biackmailer, and had NO INTENTION OF PROSECUTING, he having made complaint against Hayes only from a motive ofrevenge, the latter having refused to comp,y with a demand made under threat for the gum of $30, ‘The case, from the fact of its having been called 80 Oiten for trial without the complainant petting in an appearance, had become a nuisance, and as it desire to prosecute, as he haa no grounds upon which to base a prosecution, Recorder Hackett, in compliance with a motion of Mr. Howe, discharged the defendant on his own recognizance. Since that time A NEW DETERMINATION had been expressed by the Recorder to e the case definitely disposed of, and in accordanee with such determination a bench warrant was tssued for the arrest of Rochester, and he was placed in the House of Detention as a witness, Such, substantially, 1s the history of thia ease, which has gained considerable notoriety by being dubbed by the press “the fifteen-year-old murder,” Yesterday morning it was the first case called, William F, lowe appearing for the defence and As- sistant District Attorney Fellows on behalf of the people, Recorder Hackett presiding. THE ACCUSED—THE TESTIMONY, Michael Hayes, who is an intelligent, respeectable- looxing man, with iron gray hair, slightly bald, and plercing black eyes and biack mustache, was placed at the bar, Lewis ©. H. Rochester, otherwise known as Lewis ©. H. Rivenbach, the first witness called for the prosecution, examined by Colonel Fellows—Ar- rived tn this country on the 14th of May, 1857; knew O'Donnel; was a shipmate of his: saw O'Donnel four times the day he was murder saw O'Donnel and Hayes together that day in Roosevelt atreet; faW two gangs coming in opposite directions in Roosevelt street; recognized O'Donnel in one of the gangs and also Hayes; the former had his hand cn the latter's shoolder and appeared to push him; Hayes then hit O'Donnel and knocked) him down; Hayes fell underneath O’Vonns! and there was a_ scuffle, during wich Hays® drew some sharp instrument—could not say what it was, but knew it was a weapon— and stabbed O'Donnel; he (witness) then went and told Mrs, O'Donnel the eceurrence; did not see O'Donnel afterwards, . OROS3-EX AMINED, By Mr. Howe—My name is Lewis Clarence Henry Rochester Rivenbach; dropped tie latter appendix ; PASSED GENERALLY UNDER THE NAME OF ROCUES- TER} never lived inthe Fourth ward, but only boarded ner’s inquest when the murder was investtgated 5 sailed for Callao, Spain, Austraila and elsewhere on the following morning; never saw Hayes till the loth of March, 1572, then weni to see him, to find asthe O'Donnel family were going to reopen the prempounion was living in Muiberry street at that ime; stayed with Hays about three hours, and was perfectly satistied that Ht the subject of the murder to Hayes; Hayes | allhe Knew about it; that he was all “se | the papers in the case were not to be found—tl were destroyed ; then tried to arrest Hayes, and got stabbed in the eye for his trouble; there were sev- eral men present; knew none of them; selzed Hayes by the collar and said that he wouid lock him ‘up for the murder; got abused by the Hayes gang, stabbed, kicked and beaten; a policeman came up and he told him there was A MURDERER there, bat Hayes had escaped; went the next day to the police station In Seventh ward and made tie complgint to the Captgin about the murder; had Hayes arrested for stabbing ht Hayes was dis- 1 Judge Hoyan said nothing of the murder at ey to detain hin; that time, Q. Did you ask Hayes fer money. Mr. Rochester? A. Sir, that is a vile thing, sir, an accusation which I spurns it was my wife wrote the letter, while I was ill, to the District Attorney, not at my su; tion, though In iny presence; she has come to years of discretion, and does not need suggestions to know when her husband Is i was rei excited at the time, owing t against him in that paper 3 perhaps, @ little intoxicated; was ated by ‘olonel Fellows always in a gentlemanly manner; was not forcibly ejected from his oflee, Ann O'Donnel, the mother of Jane O'Donnel, an aged jady, was next examined:—Saw her son in the hospitai; HE HAD A STAR WOUND, evidently of a knife, in his abdomen; did not see the occurrence; knew nothing of the tragedy her- sel Neal Duffy, an ex-policeman, was then sworn, and stated that he had been instructed to arrest Hayes; did not succeed, Ann Rochester, wife of the complainant, stated that she knew nothing whatsoever of the murder, STATEMENT OF THE ACCUSED. Hayes was then put on the stand to testify. He stated that he had known Rochester by sight, for the past three years; Rochester represented him- self as being a writer in the District Attorney's oflice, and he asked me to LEND BIM TWENTY-FIVE DOLLARS, and that as I had been indicted by the Grand Jury for the murder of O'Donnel, if I would lend him ihe money he would purloin tie papers for me; Iwas not in New Orleans in 1357, as Rochester has stated; left there in 1856, At this stage Mr. Howe produced several wit- ness who corroborated the testimony of Hayes, which we do not give in full because it is totally un- necessary. Counsel claimed that the innocence of Hayes was so apparent that he would only call one out of about fifty witness to prove the EXCELLENT CHARACTER of the prisoner, and would not even deign to speak to ba ie Hayes proved a sood character fot spectability briefly charged the Jury, who promptly returned a verdict of x, and ayes was di applause was insta THE VETERANS OF THE SEVENTH RECI- ENT. ar ly suppressed by the Court. le to a call issued by Colonel Marshall evans Agrees Lefferta, commanding, about twenty-five v armory to prepare for the annual excursion. | Colonel Lefferts, who oveupied the chair, explained | that the last excursion was not 4 financial success, and this meeting was called to ascertain how many | would participate in the excursion of this year. After | considerable discussion it was resolved to instruct | the Adjutant of the association to issue a circular to | each of the eight hundred members, asking them | to report the number of tickets cach would pur- chase, and algo to inform them that ladies of their | families “vould be permitted to participate. An effort to extend the privilege of participation to active members of the regiment was voted down, ‘The meeting adjourned to meet at the armory on the evening of the 5th of June next. THE BEATING OF MRS, MARKS, Flight of Her Assailant. Coroner Herrman yesterday took the ante-mor- tom statement of Mrs, Sarah Marks (not Jacobs, as previously reported by her relatives), at her resi- dence, 100 Bayard strect. Mrs. Marks, it is alleged, was assaulted by Ridsee Bernstein and her hus. band, Solomon Bernstein, living in the same house, when the latter, as charged, kleked the head and abdomen, inflicting serious injurles, she being in a delicate condition, and serious re- sulis are apprehended. The jury rendered a ver- dict against Bernsteia and Coroner Herrman issued a Warrant for his arrest. The accused was d fears are entertained that he The remains of a child, apparently ten days old, in an advanced stage of decomposition, were yes- ay found on the roof of house 20 Greenwich street by Officer 16, of the Twenty-seventh precinct. ‘The body was seut to the Morgue and Coroner Mra. Marks on | arrested-Thursday afternoon by two ofivers was ascertained and believed that Rochester had no | there fourteen days; was not examined at the Coro- | ont if le was the man he was looking for, | | | | | | | | | and quietude, and Recorder Hackett | Herrman watitied aaa s—(‘“‘C;s™sés~*# | tutional Convention and twice passed by tic | ye | te | announ | Folger, John 'T, Hotinan, £ fi | OFFICIAL PLACE. The Result of Albany Legislation in Hings County—Reorganisation of the Commissions, It was expected that Albany legislation this last session would bring about radical changes In the commissions in Kings county; that the Academy and Rink reformers would secure the passage of enactinents which would dixplace those who, it was said, had grown opulent upon the pubdtic pap, and who had fallen into the common custom of guarding their individual interests more zealously than those of the public, There were hosts who were looking AFTBR THE LOAVES AND FISHES with reform recommendations, but, owing to cer- tain compromises, the oMvia) positions were pretty equally divided between the two parties, In the reorganization of the Police and Water Poards Mayor Powell, who is a democrat, was made one of the appointing oMcials, and it was provided that he should have the cholco of one democrat in each of the commissions, ‘The Water Board, where the reformers contended the most corruption prevailed, ‘was composed of William A, Lawber, dem at; Archibald M, Bliss, republican; EJ, Lawler, demo- erat, These Commissioners were legislated out of omice, but as soon ag the copy. of the bln was placed in the hands of Mayor Powell he reappointed Wiiiiam A, Fowler, he being most familiar with all the details of the oMec, Nelson Shaurman, the Auditor, and Frederick A. Schroder, the Comptroller, who are republicans, were em! powered by the bills to appoint the republicans, but it was two weeks before they could agree as to who tiey should honor by a preference fri the hosis of candidates, It was expected that ox- Captain 0. B. Leich and Charles Morton, who had spent considerable time in engineering the bills through the circumiocution of legisiation, stood foremost in the ranks for promotion, but, like many others, they were doomed to disappointment. For POLICE COMMISSIONERS Sigismund, Kaufmann and General James Jour- jan, after considerable wrangling, were chosen, and under thelr administration, with the aid of = not superior, to jeneral J Brigg the department wiil be equal, if any police force in the country. Ge a thorough disipiinarian, and Wi branches, The Commissioners have recognized the advantage of retaiuin aa chief of the department Patrick Campbell, @ man of supertor in- teliigence and even temperament. Tis experience as Sheriff of the county, a8 wellas that gained in other public positions, Gspeeially mts him for the position in which he has been retained It is said that the former Chief of the Departinent. John 3, Folk, will be made Inspector, Some of the captains will be changed, as there has been con- siderable caucusing over matter, Those who occupy the positions at present time are as follows:—Captain Smith, it McConnell, Second precinct; Captain Fury, Third precinct; Captain Powers, Fourth prec Captain Woglom, Fitth precinct; Captain Mulien xth pre- cinet; Captain Rhodes, Seventh preein Captain O'Neil, Eighth precinct; Captain MeLaugilin, Ninth ot; Captain Cassidy, Tenth precinct. ptains Smith, Woglom and Rhodes are repub- Means, and the others are democrats, IN THE DEPARTMENT OF CITY WORKS, formerly the Water and Sewerage Board, thore ds still a vacant commissionerslip, owing vo the fact that Samuel McLane, one of the newly appointed Commissioners, declined to accept. It is said that the appointment of McLane by the Auditor and si Comptroller was only a “blinds” that they knew he would not accept. he ap. piicants for the position are numer Yesterday he Comptroller stated that probably the appolat- ment of @ third commissioner would never be made, This probably is just as true as the statement he made at the time Messrs. Paimer and McLane were appointed. The Auditor and Comptroiier will t to-day for the purpose of appointing the third Coi missioner, PRISON ASSOCIATION OF NEW YORE. The Executive Committee of the association held its monthly meeting last evening at the Bible House, Judge Edmonds (in the absence of Professor Dwight) presiding ay chairman pro tem. The select committee to whom the subject had been referred reported resolutions on the death of the late President of the society, John David Wolfe, which were adopted and ordered to be printed, The Committee on Detentions reported that there were 359 prisoners in the Tombs—207 awaiting trial | Daring | innocent. that eighty-five had calied for aid during the month, forty-one of whom had been helped to clothes and money to get to thelr homes, and employment had boen obtained for all who wanted it. The Prison Discisline Committee reported the passage by the Legislature of the amendment to the constitution for the reform of our penitentiary sys- tem, the resolution being the same originally pre- pared by the association, adopted by the i ate and rejected in the Assembly, A plan of inspection of prisons for the current ved to the Prison Discipline Committee with powe: The standing committees for the year were t!Na 1 as follows: On Finance—Witliam C, Gilman, Chairman: An- dvew H. Green, Sinclair Yousey, Wiliam T. Booth, Adam T, Sackett and Stephen Cutte On Detentions—Jonn H. Anthon, Chairm®n; Rev. shmuel Osgood, Charies H. Kitelel, Cephas Brain- erd, £, D. Cuiver, R. R. McBurney, R. L. Dugdale and Theodore W, Morris. On Discharged Convicts—Stephen Cutter, Chalr- man; Wiliam Booth, George D. Phelps, Levi M. Bates, William ©, Gilman, Cephas Brainerd, Gaylord B. Hubbell and W. W, Hoppin, On Prison Discipline.—Join W. Edmonds, Chair- man; Francis Lieber, William F. Allen, Charles J. D. Culver, John Stanton Gould, John H. Anthon, ylord B. Hubbell, R. N. Havens, James H. Titus and D. B. St. Jolin wsencies of the kociety were pe Elisha Harris, M.D, at their 58 Touse, and A, W. Sheldon, attorney-at-law, at their offices, 19 Centre street. RAID ON A GAMBLING HOUSE. An Ulster County Kank President Loses $15,000 Fighting the Tiger. Thursday afternoon John Garretson, residing at tice Cox, at the Jefferson Market Police Court, and requested that @ warrant be fssned for the arrest of Charles Moodey and Samuel Briggs, proprictors of the gambling saloon on the second Goor of No. 1,132 Broadway, he claiming to have been “roped” into the place on the night of the 20th instant, and losing $10. A warrant was issned and placed in the hands of Sergeant McComb, of the Court squad, who, accompanie: descent on the piace Thursday and captured the proprietors and the following persons, who were ¢ gaged in playing:—John Smita, speculator; Alfy Hunt, merchant; Joho Prasser, bookkeeper, aud John ‘Brown, real estate de T. f opeds Ante this | it is alleged, one night duritig the preseht tnonth, by one of the “agents” of the place, and fought the tiger until he lost $15,000. The derangement of the place was also seized and will be deposited at Police Headqu: ors to-day. ‘The prisoners were locked up in the ‘Thir- tieth Precinct station louse until yesterday morning when they were escorted before Justice Cox, who commitied the proprietors for examination aud discharged the balance. ASSAULT WITH A CARVING KNIFE. Constantine Vonpalati, an Italian, twenty-five years of age, in the employ of Cesar A, Steffenc, at 123 Fourth avenue, on Thursday night, it is alleged, | , that he seized a large carving knife from the table and attempted to kill him, Mr, Steifvene, in order to defend himself, threw up his right arm | and received a severe blow, compietely severiu one of his fingers and horribly lacerating his hand. The prisoner was secured and confined in the station house until yesterday morning, when he | was arraigned at the Jefferson Market Police Court. The complainant stated he did not wish to prefer any charge against him, as he thought he was insane and unconscious of what he was doing, as he had knocked his wife down in the early part of the evening withont any provocation. Justice ¢ however, committed him to the care of the Ca missioners of Public Charities and Correction. 4 MEAN SWINDLER. Four Hundred Dollars Obtained on | Bogus Petitions. Edward Dusenberry, of 238 Elizabeth street, was om the Central Oflce on suspicion of being # thief, and on searching his pockets there were found two | titions, owe Fo be trustees of St. Michael's Episcopa “pinth street. and Broadway, and church, Ninety the pastor of St, Michael's Catlio- le church, Thirty-firat street and Ninth avenue, requesting subscriptions 1m ald Of o fiir which was about to be held. By means 0! eae two papers Pl dee , itis alleged, has collected about $400 ‘om thers of phe city, Yesterday morn note was tae before Judge Hogan at the ‘Tombs alice eo) wa two ¥ - patent te ared against him, and on their complaint hi was locked un in default of adequate bail papers purporting to be pastor an Daniel Briggs, Who was reappointed by the Mayor, | 8 endeavoring to improve the organization in ail its | einet; Captain | and 152 under sentence; and there were in the other prisons as follows:—At Essex Market, 46 men, 10 women; at Jefferson Market, 27 men, 16 women: at Fifty-seventh street, 10 men and 6 women, and at Ludlow Street Prison there were 85 tninates, the month 61 cases of detention had heen | investigated, and the accused parties aided when The Committee on Diseharsied Convicts reported was proposed and discussed, and finaliy re- | 101 West Forty-eighth street, appeared before Jus- | by several of his officers, made a | | A president ofone of the Ulster county banks was to excess, and became so enraged at his em- | That Other “Special” Plea Quashed * by the Court. iMr. McKeon on a “High Horse” Again. The Prisoner, by Sanction of Counsel, Declines to Plead. A Commission to Go to London and Paris. | GREAT: EXCITEMENT IN COURT. Fully an hour before the time designated for the assembling of the Court of Oyer and Terminer yes- terday the court room was crowded to ite utmost | capacity, and the hallway outside was also as com- pactly filed by another throng anxious and strug- gling to get places inside to witness the proceed- ingsin the Stokes case. Many, of course, were there from curiosity, not having yet seen the al- leged murderer of James Fisk, Jr., and being some- what anxious to gratify their curiosity. Large Rutnbers came, however, doubtless with appetites | sharply whetted er oth: = very extraordi- nary procecdings of the day previous, and | expecting to witness the re-enactment of & scene perhaps even more extraordin- ary and oxciling. Curiosity in this regard might have been gratified liad not the Judge, at the very outset of a ap! of ebuilitious feeling showing itself | between the opposing counsel, nipped it in the bud. | However, one thing was accomplished, Soine pro- gress was made in the case, which cannot be said of any of the previous proceedings, ARRIVAL OF STOKES. | At half-past ten o'clock Sherif” Brennan and two of his deputies came ihto the court room, followed by Stokes. Mr. MeKeon, the latter’s counsel, | brought up the rear, Stokes seemed far Jess ner- vous than on the previous day, and took his scat | with the calm indifference marking his conduct in the early stages of his arraignment iu the Court, OPENING PROCEEDINGS, : Directly sneceeding the arrival of Stokes Judge Ingraham took his piace on the bench, He at once announced his readiness to go on with the case if the gentlemen were ready, THE DISTRICI ATTORNEY ON THE SPECTAL PLRADING. District Attorney Garvin promptly rose to his feet and entertd upon an expression of his views In ard to the special plea submitted on behalf of the prisoner at the previous session of the Court. He stated that since the a’journment of the Court he had had the opportunity to read this document, All he had to say in regard to it was that, after careful examination, he had come to the conclusion. that tt dia not contain any of the elements of a | plea. One thing was clear, that it was not what it labelled on the outslde—“a special plea in 1 If Inanything it partook of the nature of a plea it was a plea coming under the depomination of \ A DILATORY PLEA, | and as such must be made a plea in abatemevt, In order that fis Honor might understand what sort | ofa plea it was it would be necessary to explain the nature of its contents, Mr. McKeon wished to know if the District At | torney yas demurring to the plea. Mr. Garvin said that if the coungel would have the courtesy to hear him he would soon learn the | course he intended to pursue, He would first give \ a history of the proceedings in the case when His Honor was not present. Mr. McKeon olyjec the District Atior before the Court. The District Attorney proceeded to review the plea, the points of wiich have already been pub- lished In the Hera. His strongest point was that: ail the preliminary questions had been decided, and that to accept this plea would be to go over THE SAME GROUND AGAIN. The law was plain, and he insisted that were such a course allow: the case would never come toatrial. There was nothing In it that could be set upasa plea. The previous proceedings, occu- pying twelve days, had settled the preliminary questions, If there were any crrors of decision the remedy must be by certiorari or writ of error, or by | implication ia the fnal ord, All the questions | had been disposed of—whether rightfully or wrong- | fully it mattered not. That stage was passed, and | it could not be font over again. They had taken | their exceptions, snd upon those they must stand or fall, for evil or od. He meved to strike out the plea, on the ground that there was nothing in it upon which the Court had the power to b> Judge Ingraham wished to know about the aver- ment in the atiidavit that there was no verdict of | the jury upon the kee stion of facta, Mr. McKeon explained the entry on the record, | and said that the affidavits of Judge Cardozo and of | counsel for prisoner could be obtained, showing an | agreement between the District Attorney and the | joner’s Counsel as to the phraseology of the ver- | He insisted that there had been no verdict by ajury. He then enlarged upon the degree of public excitement surrounding the present case and how dificult it was to obtain a falr trial, If the District Attorney wished to HANG STOKES BY TRICKERY he would hear from him again. Judge Ingraham id this kind of personality | would not do, und while le was on the bench he | would not allow it, Considerable talk followed about tho plea, the record and the bill of exception, which ended by the Judge a must be overrules to this, and insisted that confine himself to the paper | Thir finportant matter decided, Mr. Garvin moved the T OF THE PRISONER. pf the Court, cailed ont the Zdward S. Stokes, and asked him to arise, eh the latter did, He begun, “You, Edward —The prisoner remains mute, awini—Under the statute the Court 3 that a plea of not guilty be entered by the whi | 8. Stol | Oar | dire Clerl | The Clerk then called upon the prisoner to rise again, which req being complied with, he read to him the indiet t. Stokes betrayed very littie Uneasiness durin, ailing of it. On the ¢ of the reading of the Indict- sked the prisot —“Do you de- mand # trial on the indictment <eon hastily arose, and, putting his hand iis ciient, told him to take his seat. e Court—What is the reply ? | Mr. McKeon—My client is mute, and I refuse to answer atall, | The Court—W do you propose doing ? | Mr. MeKeon—! diccline to answer at present, but it is not out of disrespect to the Court, but that I desire to secure certain rights, Distviet Attorney Garviu—If the gentleman has ony suggestion to wake as to the time of trial I will be appy to accommodates him in apy way L \ MOTION 1O ORDER A COMMISSION, MeKeon thou proceeded to read an afMdavit he based a motion for the appointment ot ® commission to go to Kurope to take testimony there of vital imporianes to his client. The aMidavit briedy set forth that KE. D, Baton, now in London, and Marcus Cicevo Stanley, now tn Paris, were material witnesses for the defence. Counsel required thirty days for this commission to go ‘ope and return, He perlaps might have moved for a post- pouement of the trial till the fall, on an amdayit that Mr. Eaton, who ts a most important witness, is expected iiome in Angust; but as there Was sone pubt as 6o this he preferred the shorter postpone- ment asked to enabl commission to take the | necessary testime | District Attorne, n did not object to the | cominission, bat lie dented that no order of stay o proceedings shouid issue ou it, All perfectly knew | that Mr. Eaton has been a long time out of the | country; but as to the otier person—Stanley—he | knew nothing about his golng or coming, or what | he knows about this case. He ready to proceed | With the trial and hoped anearly day would be fixed | for it; but he was at the same time anxious to give his learned adversary for the defence all proper and reasonable fi repare. ‘The Court — | has suggested thirty days for the work of t ommission, Have you (Mr, Gar- pbjection to that? ney Garvin—I have not been far- niterrogatortes, 1 will prepare them at once and let you have a copy of them, “The Court—You may take an order for the com- mission, but there can be uo stay Of proceedings in | the meantime, Mr. McKeon—Tt would be useless to grant the order for the cumtission and reluse @ stay of pro- ceedings. | The Court—Not at all; it is very usual to issue a commission Without a stay of proceedings, Mr. McKeon—A stay of proceedings was granted in the McFarland case, ‘The Court—Many things were done in that case which we don’t propose to follow here. ‘The case was then ordered to stand over to the | third Monday in June next. After a briet conyersation between Stokes and his counsel, which yavé time to Sherif Brennan to take his place near bis prisoner, with the ere tlea around, Stokes was removed, and another day's proceedings added to the many that have gene before, all preliminary to the inevitable hia when Stokes will have to submit his cause \ Nife to a tury of his countrymen.