The New York Herald Newspaper, June 30, 1872, Page 5

ee ee and have your destiny bound to en- [ ‘end temporal during and eternal . The fs" connection is ny = Decessity in the first place, the presence and action of this are essential to keep the lower elements from the mastery and overthrow of the higher part of your nature. Every man’s life must rest down on a@ basis of material conditions. It stands in carnal, things. There is an animal bottom to his We. The old Platonic teaching putit into the state- ment that every one had a beast as well a8 an angel tm him. Besides this, he must work, fer himself and others, in earthly and passing things, which May absorb his whole interest and leave the spirit- ual part a waste and desolation. But his true life and destiny stand in his higher nature. It was ® saying of ancient Persians that “the waters rush from the mountains and hurry forth into all the lands to find the Lord of the earth; and the flame of the fire, when it awakes, gazes no more upon the ground, but mounts heavenward to seek the Lord of heaven; and here and there the earth has bulit the t watch-towers of the mountains, and they lift their heads far up into the sky, and gaze ever upward and around for a sight of the coming Lord.” It is a parable of the need of God, of the reality of the spiritual that, arising alone through faith, lifts up the world after the fellow- ship tor whic! been made. It 1s through, this that man’s life touches on to the divine’ and reaches the kindredship with heaven, The entrance of the “powers of the world to come” jrees, upliits and purifies the life of the pres- nt. The bond: of man’s better nature can be oken, It freedom can be maintained, in no other wi jothing else can rightly quicken character, ian in it ite true virtues and mature them in the igor aud richness of holy manhood. Culture with- out rel.gion is not enough for this. Mere ethical teaching is dead and impotent. It is an indispen- sable condition of a morality to be efMicient to be- lieve in a higher order of things, to which the lower must assimilate itself. The forces and laws of the kingdom of heaven must come into play in the hearts of men on earth. There is no way for even @ true morality in men but through answer to the Prayer, ‘ly ingdom come.” This is a kingdom of faith: it comes not with observation. There is no dynamic for a@ pure, victorious morality but that which comes through faith’s apprehension of the grand doctrines of the incarnation, the atonement, forgiveness, eternal judgment and ever- lasting life. Life on earth becomes rich in propor- tion as the life and principles of the heavenly world enter into it. Instead of the things of short- lived and irregular nature the things that are clothed in the garments of spirit and bear the biessedness of immortality take up their dwellin; place in you, mingle and blend with your senti- Inents and assimilate them to a divine goodness and love, Bey become a portion of you. What descends into it from above your enriching life sweeps onward in its continuous flow, and It blesses as it lows. We need greatly this power of the unseen, through faith, against the strong ma- terialistic tendencies of our times. The other part of this necessity is to secure our eternal interests and to guide this life to the riches of a blessed {mimortality. The thing of supreme moment to every man is his personal preparation for the next world, Without this life’s work erUles just at the time it should come to its blessed | arvest, and its happy possibilities are all wrecked. | The great realities revealed by God in Christ, things unseen and eternal, are the only stars by which piloting can guide the life here safely onward and upward to them. Without faith awa iene making the common activities of life parts of holy duty—a life the whole of whichis a unit—ever moving on toward the completeness of its unfolding and the fulness ofits harvest, there is a fearful barrenness in man’s labors. They are all spent for temporal and perishing things. There has been no sowing to the spirit; there Is no thering of the things eternal; there are no Spiritual treasures laid up ion the privileges of life in the great future beyond ie grave. Let there be a personal application of these truths. Put your characters under the formative wer of a clear strong faith. Ever pray, “Lord, increase our faith’—“Open the eyes of Thy servant. that he may see.”’ In God’s light you will see light. You will have a larger, richer world to live in than others, and will evermore grow richer by living in it. Your activities, then, even when they are, as 80 many of them must be, busied about temporal things, will not eat out, but feed and strengthen all that is good in your nature. You willdo your work and be prepared for death and heaven. Bring your labors to the gervice of faith. Itis the only way in which your work will havé fruitage in that which is Valero By aiding in the ad- yancement of this kingdom of faith your labors will have true efficiency in promoting the best and Most enduring interests of men. MORE JERSEY JUSTICE. The Bannister Robbery in Newark Dis- posed Of—A New Trial Denied and the Trio Get Ten Years State’ Prison Aplece—The Common Pleas Judgeship + Settled. Three noted scoundrels in Newark got a taste of Jersey justice yesterday to the extent of ten years each in the State Prison. These were Micnael Cart, ex-prize fighter; James Finnegan and Michael Farley, the trio who, as recorded in the Hzraxp at the time, so brutally beat and robved a Newark jewelry store keeper, named Bannister, some four or five months ago. It was on a bitter cold night, about nine o'clock, when the miscreants appeared at Mr. Bannister’s store. He sat there alone, pre- paratory to closing for the night. The street was nearly deserted. In they went, and while one made a terrible attack on the poor man the other rifled his place of $1,000 worth of watches, chains and other articles. They then ran, leaving Mr. Bannis- ter so near dead that his life was despaired of for days after. He rallied and the police rallied from their lethargy, and finally effected the arrest of the trio above named. They procured able coun- sel and used every etfort to throw DUST IN THE EYES OF JERSEY JUSTICF, and so get clear. They tried the alin dodge and ‘ot hosts of friends to swear that they were in the era House attending a sparring match at the time the deed was perpetrated. But Jersey justice, though blind to some things, was not to the evi- | dence, and conviction followed. Then was made an effort for anew trial. This, too, failed, and yester- | day the motion was denied, and the prisoners or- | dered to be brought before the Court, when Judge Depuer sentenced each to ten years’ hard labor in | the State Prison. The rufilans took the fiat with | the utmost composure, and seemed in nowise sur- prised, Lest any attempt might be made on the part of their friends to interfere with the complete execution of the law it was decided to remove the prisoners at once to their quarters in Trenton, whither they were taken by Sheriff Peckwell and his deputies during the atternoon, Newark breathes easy now that these noted desperadoes have been summarily disposed of. THE J ae) TIP, In the HERALD of two weeks ago to-day were pub- | lished the brief details of a queer question which | had arisen as to whether a judge could resign or be compelled to sit on the bench against his will and | against his urgent private engagements and inter- ests. Judge Fred k W. Teese, presiding officer of the Common Pleas bench, was in just such a pos- ition, Just as the matter was about disposed of | Governor Parker decided that the constitution would not aliow him to accept a resignation or ap- port @ successor, these powers being vested in the gislature. If “a vacancy” occurred, however, the Governor would have no trouble. As Judge Teese was not anxious to die or run away from his | home no “vacancy’ was made, The Judge said, in | effect, “I won't serve,” and the Covernor said, | “You mnst, or write to me that you have removed | your residence to another county.” The case, as Started in the HeRaLp, went the rounds of the | State press, and the intimation widely endorsed | that if the constitution’s verbiage was subjected to | Jess hairsplitting and more common sense no man | would be compelled to retain a jiidgeship against | his will, The result was that yesterday a new | judge, C. L. C, Gtiord, a Newark lawyer, once Presi- | dent of the New Jersey Senate, was sworn in, the | resignation of Judge Teese having been accepted. | There enued a vexed question. i} A Former Popular Democratic State | Politician Sentenced to State Prison. In the Paterson Courts yesterday John I. Corco- ran, one of the defendants in the suits against the ex-freeholders for defrauding the county, was arraigned for sentence, He pleaded non cult to the indictment last Saturday. Judge | Rarkalow said — that = stealing = by onl | ciala must be stopped by summary punish- ment, and withont unnecessary remarks he sen- | tenced Corcoran to six months at hard labor in the | State Prison, This took all by surprige, as it was thought that only a tine wonld be imposed, aud that some of Corcoran’s friends would advance the money. , The prisoner was formerly a leading democratic politician, and has held several positions in the local government, He is a man of fine intelligence and good educ:tion, but latteriy has fallen a slave to the enemy which goes Cown men’s mouths to sieel their brains, until he is but a wieck of his former His ‘friends think if he had stood a trial, instead of pleading ng he did, he would have gotten off, as Sutton did, by the di ment of | the jury. | DROWNSD AT BOCKAWAY BEACH. On Friday atiernoon, at hall-past five o'clock, Samnel B.Van Wart tiooper was drowned off Rocka way beach while fishing from a smail boat. He is five feet, seven and a half inches in height, sandy hair, and had a mole on the right shoulder, lie Was twenty-eight years of uge, and when last | seen had on tight pants, with overalls, a bine fan. | nel shirt and heavy shoes, He is & married man, and leaves a wife and two children to mourn his loss, O'REEPE'S WARDROBE, | New York, June 20, 1872 To He Eprror or tHe HeraLo:— | Sin—Noticing in your widespread journai the competition of scholars from different schools for Congressman Roberts’ gift of cadetship to the An- | napolis Naval Academy, as | am a poor womanl | am i to see a poor man's son win the honor. | You will near pss, Fomped ae % ald ee | Addimira), which is all I can afford, Yours truly, ] ‘ MRS. KB. | secret membership. | works | cute the laws against tl | Missouri. NEW YORK HERALD, SUNDAY, JUNE 30, 1872—TRIPLE SHEET. ~ GERMANY'S RELIGIOUS DIFFICULTIES. sot eB, The Struggle Between Church and State in the German Empire—Roman Despotism vs. Government Despotism—The Infiu- ence of the Jesuits—Expul- sion of the Order. Barwin, June 13, 1872, Not unlike the pugilist who, tired of skylarking, begins to deal earnest blows, the German govern- ment ig now pitching with a good will into the Catholic Church, The introductory measures for the great fight enacted in the former session of the Diet are too well known to here need recapitula- tion. Suffice it to say that all the means within the reach of a powerful government, as well as those at the disposal of the Catholic body, have been employed to shape and excite public opinion in view of the now progressing strife. Out of the hundreds of religions and political journals engaged in it scarcely one can be found which is at all able to treat the grave question without bias. With & stubbornness worthy of a better cause the hierarchy adheres to its traditional arrogance and reactionary tendency, and hence the watchword now current is:—‘German liberty endangered by Rome and the Jesuits!” Few dare to style it what it really is—despotism of the State versus the des- potism of the Church. As has often been argued before, there seems to be no poasible way of arriv- ing ata permanent peace between these two dis- cordant elements, except that of separation and a | complete withdrawal of the schools from the influ- ence of the Church, Such a step, however, would not be to the interest of a dynasty ruling “by the grace of God,” and which solely alms at making the clergy and the Church pliant tools of monarchi- cal machinery. For over half a century the Ger- | man governments have winked at and even fa- vored the growth of the restored PAPACY AND JESUITISM, considering them as pillars and champions of the “principle of authority.” There existed no better guarantee against revolutions than the Jesuits, who were supposed to destroy the love of liberty in the hearts of the rising genera- tions and drill them to obedience. But these game governments were blinded to the fact that stifling liberty and fettering the mind vitiated the life of the nation, and that the authority worked for with fanatical zeal and perse- verance py the Jesuits meant to enslave not only the peoples, but their rulers also, The extraordi- nary success of the dutiful sons of Loyola, under such favorable auspices, so emboldened them that they not only have goaded Rome on to declaring itself the inflexible enemy of the German empire, but pressed the German propa into open resist- ance to the local and the federal governments. You have seen how Pio Nino snubbed Bismarck when he attempted to accredit Cardinal Hohenlvhe, @ man not palatable to the Jesuits, as German Am- bassador to the Holy See. I have detailed to you the conflicts between the bishops of Mayence and Ermland with the Prussian government, the results of the Fulda conferences, the protection afforded by the State to citizens under excommunication and the suspension of the Catholic Chaplain Gen- eral of the German Army, Bishop Namczanowsky. We may now add that another clerical effort to ward off the blows of government is on foot, First, the Pope himself will protest against the Bishop's suspension; secondly, another conference will take place in Fulda and address a memo- rial_ to King William; thirdly, the clericals in the Reichstag will call the verninent to account; and, fourthly, a general agitation of the Catholic laity will be attempted. The government anticipates no diMfculty from these several moves, as it has but to reply that it has not tampered with the episcopal rights of Bishop Namcznowsky, but only put an end to his military functions, Formerly the said prelate punctually obeyed all the decrees of the military department; his late hostile atti- tude ts rege jue to spoon? instructions from Rome. His putting of the Cologne Pantheon Church under ban places Minister of War Von Roon in a jueer ition, as he cannot remove this ban nor force the Catholic soldiery to attend worship in the church. A number of the chaplains have followed the example of their chief, and refused to bless the Prussian standards, They, too, will be dismissed, and, hereafter, the Catholic soldiers wiil be at liberty to attend church where they please, and the Old Catholics will no longer be compelled to wership with thir orthodox brethren, EXPULSION OF THE JESUITS. nly three weeks & motion requesting t\e ernment to frame a bi:l regulating the organiza- jon of religious orders was passed by the Reich- stag. With unheard-of rapidity the Federal Coun- cil has framed such a bill, and expects to submit it in a day or two, It reads:— We, Willlam, &c., decree 1, Though possessing the right of domicile in German the members of the Order of Jesus and aMliated congr vations can be retused by the police authorities the pri lege of further residing in the countr; ‘The provision: essary to carry out the spirit of his law sitall be framed by the Federaf Council, Short as this document is it not only violates the constitutional right of individuals to come ayd go at will, but gives the Federal Council carte blanche as tothe manner of hunting down and exiling re- ligious orders in disfavor with the civil authorities. It.is hardly probable that the Reichstag will vote the bill in this crude and anomalous shape. Promi- nent members of the Reichstag, though few in nun ber, entertain the humane view that the expulsion of these orders would be not only unjust to the in- dividual members as citizens, who, if in the wrong, were entitled to being corrected at home and not expel4d, but to other countries, which ought not to be burdened with elements con- sidered dangerous to the German government and people, since the temporal government to which they belong has ceased to exist. The marked favor shown the Jesuits by Prussia since the year 1848 has been improved by them with wonted tact and ability. In all the Catholic communities, es- pecially in the Rhenish provinces, they have gained one footing and a complete control over their flocks. THEIR MOST PROMINENT SETTLEMENT is the cloister of Laach, on the Rhine. Their mis- sions extend throughout Prussia, Bavaria, Hesse, Baden and other German States. Ecumenical Council Bishops Martin (Paderborn), Ketteler (Mayence), Senestrey (Ratisbonne), &c., have been making active propaganda for the order, and they still continue their exer- tions. The untimely arrogance of these pre- lates was recently illustrated by the Bishop of Paderborn, whose extraordinary views are warmly supported by the Jesuitical organ, Civilta Cattolica, This bishop openly claims juris- diction not only over the Catholics of his diocese, but also over the Protestants; and, adds the Cat- tolica, “our Church is entitled to visit all refractory Christians with heavy punishments, especially here- tics, schismatics—i, ¢., Greeks and Protestants; for the Church 1s not only a spiritual but a secular ower; hence the Pope has the right to annul un- just laws and abrogate constitutions.”’ THE ORGANIZATION OF THE ORDER, similar to the hierarchical institutions of the ' | Previous to the | Catholic Church and ramifying in manifold direc- | tions, affords the possibility of a strong centraliza- tion and uniform action, The far-spreading associations—such as the Unions of _ rius, Vincentius, Borromaeus, Severinus, Huber- tus, Michaells, Stephanus, Bonifact: ke. the numerous congregations divided into the various ages and classes, and the resident and itinerant Jesuit committees may be likened to the countless branches of a polypus, stretching every- where and able to move at the same time in various directions. Though the number of members may appear moderate (latest accounts give it as 4,809), it is just now rapidly augmenting, espect and the schools it is constantly making proselyte: The loss of the rip te temporal power has not in the least affected the influence of the order, Since the war it has been fast and steadily growing in France; since the retirement of the liberal Cabinet it has tually ruled Belgium. In Austria it common with feudal clerical reac- in Italy it has secretly regained in tion, Even & strong foothold’ and ts again master of Florence, Its regulations allow members to sereen themselves, making it extremely dificuit to exe- m, a8 in most countries it i emergencies by conver stocks and movable pr materially hurt the ord has provided against: su ing its real estate into perty. A FEW STATISTICS on the Society of Je: terest some of your ders. The society is divided into twenty-two local or provineis! sections, called the pglish, Arragonian, Austro-Hungarian, Bel- jan, Castinan, Galician, German, Trish, Mexican, Neapolitan, Netherland, Romish, Sic Venetian, Champagne, Francian, Marylan Missouri, New York,” Turin and Tovilous or into the five assistances—Italy, ¢ France, Spain and England, — The assistance “Eng: lund" comprises England, Ireiand, Maryland and The assistance Germ) Austr ermany’? comprises tl ungarian, Galician Beigia and Holland Provinces, ‘The assistance “France comprises the provinces Champagne, Lyons, Toulouse and New York (the latter a branch of Lyons). ‘he greatest number of members dwells in the province Castile (744) and in Germany ; the least in the province Mexico Austrian rauks ninth in the number members, having had == in 1871 only 451, and at the commencement of the present | 466 members, The number of missi Tes ‘ded in 1571 was 1,644, of these 168 were In Europe; in Asia, 352; in Airica, 159, and in America, $15, Of 249 members in the Maryland province only 1is inscribed as misstonary; of 234 in the Mis- | sous province, only 20 missionaries, and of 214 in the province of New York, only 19 missionaries. The number recorded for South America 1a 397; Oceana, 6, and travelling missionaries, 17. The largest number of missionaries hatls from the Cas- tile province (291) ; from Arragonta, 177; Lyons, 173; Gerinany, 136, The German missionaries were dis- tributed as followa:—54 In Asia (especially Rast India), 3 in Africa, 39 in North America, 45 in South America (especially Lrazil) and 4 travelling mis» slonariets - in By means of the confessional | The assistance “Spain” comprises Mexico, | | industry” are given by the committee, BROOKLYN RINK REFORMERS. Another Chapter on the Hempstead Stor- age Reservoir. The sub-committee of the Rink Reform organiza- tion engaged upon the investigation of the affairs of the Board of Water and Sewerage Commission- ers have just submitted another paper for the pe- rusal of the public, touching their last report on the Hempstead storage reservoir. They defend the statements made by Mr. McDonald, as published in their preceding report, which were to the effect that while he was an employé of the Water Board he had been instructed to waste the water in the ponds, to Ley the impression abroad that there wasa scarcity of water, which necessitated the con- struction of the storage reservoir—which latter, in the opinion of the committee, is a big job. e aMdavits published in refutation of the sworn statement of Mr. McDonald are deemed unworthy of reply from the com- mittee. Mr. McDonald reiterates the charges set out in his aMdavit. Several endorsements of the character of McDonald for “honesty, pobrinty, td n inter- view with a gentleman, Mr. R. Anderson, who re- sided in the vicinity of one of the ponds till last January, is given to show that that individual did not believe there Was any necessity for construct- ing @ storage reservoir at all. A communication from Mr. E. C. Burnett is also given, in which the nas of water becoming scarce is ridiculed as eng “bosh I” Mr. W. Smith, of Christian Hook, L. L., is of the opinion that water is plenty and a storage reservoir is not needed, The paper con- cludes 28 follows:—“In furtner support of Mr. McDonald's position we add that the bill finally es- tablishing this reservoir scheme was signed by the Governor February 18, 1871, and thereby became a law. It was given out that this bill would be ve. toed. Did the following have any influence on tl Governor? WATER BOARD NOTICE. PERMANENT BOARD Waren anp Sewenac Comarestoxnns, ¢ Orry Hart, BRrooniyy, 1ST. ‘The public are hereby notitled that after the 18th Inst. the gates of the main’ reservolr at Ridgewood will be clowed at ten P.M. and opened at rx A, M.vevery day until further notice, Inspectors in each district will ex- amine all water fixtures in the houses of thelr district and report all. waste of water from this or other causes, and the regdlations of the water office, with the penalty attached, will be rigidly enforced in , President. D. L. Nowtinur. Secretary. “The fact that the water was not shut off from our houses ts strong proof that the scheme was a& ‘scare.’ Two days alter this notice was published (February 16), at half-past six o’clock A. M., the water was flowing from Pine’s pond two fect two inches deep over the side of the gate into the con- duit, and from Hempstead’s two feet six inches; | and on the 19thof same month, at twelve M., the flow from Pine’s pond was four feet eight inches, and from Hempstead’s about five fe “Let it be remembered that these aMdavits (with the exception of Mr. Kingsley’s) in opposition to Mr. McDonald, are all made’ by employés of the Water Board, and as there is a vacancy to be filled in the Board tt is a problem at egy where any of such employ¢s may stand. But as regards Mr. Kingsley particularly, we would add that Willlam ©, Kingsley, in answer to a report of the Committee of Fifty on the ‘New York Bridge Company,’ stated that he had spent a large portion of $250,000 in the purchase of legislation; and within a few days thereafter contradicted said statement by a pub- lished affidavit denying that he had expended any money for such purposes. This attidavit was answered by an affidavit of Henry G. Brown, prov- ing that Kingsley stated to him that he had spent large sums of money in the purchase of legisiation, and that Mr, J. H. Prentice had. also confirmed Kingsley’s statement of such expenditure. “We are content that the public shall divide on the pote of veracity on affidavits, between George . MeDonald on the one part and Mr. Kingsley and the Water Board employ¢s on the other, and shall, next week, continue our investigation of other matters connectea with the storage reservolr.”’ BROOKLYN AFFAIRS. Taxes. The sum of $41,766 27 was collected by the tax collector of Brooklyn during the past week. Police Work. Four hundred and forty-seven arrests were made by the police of Brooklyn during the past week. Kings County Exposition. The Exposition and Industrial Fair of Kings county will hold its first exhibition during the present year at the Brooklyn Rink. It will open on the 17th of September of the reception of machinery, and September 25 for the reception of | goods. It will remain open until October 22, a period of three weeks. Found Dead. The boy of Mary Gough, thirty-six years of age, was found on the parade ground, Fort Greene,at an early hour yesterday morning. A bottle of medi- cine was found by Wer side, and it is believed that the unfortunate woman committed suicide, The Coroner will hold the inquest on Monday next. Deceased resided in Baltic street and was married. | The German Schutzens. Yesterday was a great occasion for the jolly Schutzenfest men of Brooklyn, The event con- sisted in a “send-off” for the delegation to the In- ternational Schutzenfest, which Is to be held af Hanover next month. Seven military and social organizations paraded, under police escort, in honor of the departing marksuen, The Missing Found. Rev. Dr. Nelligan, Vicar General of the West In- | dies, who was on a visit to Rev, Father Gleason, of St. Ann’s church, by whom he was missed on | Thursday week, and has since been extensively ad- vertised in the columns of the metropolitan press, has been found “alive and well.” A despatch was received at Police Headquarters yesterday, to the effect that the reverend gentleman was stopping at McCafrey’s Hotel, Rockaway, L. I. State Tax. Kings county, under its present assessed value, will be called upon this year, it is reported, by the Board of State Assessors, to pay the sum of $1,800,000 for State tax, against $1,096,216 raised last year. This is owing to the fact that the rate of tax for State purposes has been increased from six milla to one cent pér dollar. The Brook- lyn authorities claim that this is decidedly unjust and out of all proportion, and they wiil, therefore, appeal to the State Assessors for a reduc- tion of said rate. Beaten to Death. On the night of the 18th inst. a man named Anton | Metz was attacked, beaten and robbed in Harrison avenue, Williamsburg, while on his way to his resi- dence. Stephen Gruntner was arrested at the time on suspicion of being one of Metz’s assail- ants, but as there was nothing positive against him he was admitted to bait in $600 bonds. Yesterday afternoon Metz died from the effects of his injuries, and the police sought for Gruntner, but found that he had decamped. Last evening a man who nursed Metz during his sufferings informed Cap- tain Mullen that the dying man informed him, just revious to his death, that Louis Berg, alias Dog Louis, was one of his assailants on the night he received his fatal injuries. Berg was promptly arrested by Officer Rae and locked up to await the result of a Coroner's inquest. Cont of the City Government. The Board of Estimates has concluded its labors of revising the estimates of the several depart- ments of the Brooklyn city government. lowing reductions have been made in the original estimates :— County expenditure fealth $116,617 Board of 2.000) 1 E 222 Police Fire Dy City Works Department Ward maps, &e Washington Park An expulsion cannot | ns (from reports 1871) may in- | | | i | forth his watch to see, Total reduction ‘ ATE. WESOLTE. Total amount required to be raised Atnount not included in law of IST] Less reduction by Board of Estimate as above Less city revenue The aggregate rate ot taxation for all purposes is required gy act of the Legislature of 1871 to be not Tore thah $2 23 on the asses valuation of the previous year, which Was $201,327,536, TOMBS POLICE COURT. Stealing a Watch—The Belt Swindle and Emigrant Robbery Again. John Lynch, of No. 8 Elizabeth street, a burly | ramianly fellow, was arraigned at the Tombs Police Conrt yesterday morning, charged with having robbed James Campbell of a watch, Mr. Campbell said he was passing through Mott street the night previous, when he was accosted by Lynch, who asked him what time it. was, and when he drew the raflan grabbed it and ranomt, Mr. Lyneh will be tried in the Court of General Sessions. HE RELT GAME AGAIN. Alois Groshaber is a German, who had been in this country about a year when he took a noiion to visit the Fatherland. As he was about to embark on the steamer he fell In with @ notorious emigrant swindler by the name of Jacob Levy, who managed in some way to sell him a belt supposed to contain $500 for $540, Levy told him it was dangerous to carry the money in his pockets, and so induced him to take the belt, On reaching Hamburg Grushaber discovered that his belt contained but $9. He once returned to this country, and yesterday su ceeded in finding Levy, whom he arrested and taken to the Tombs, where he was committed in default of $5,000 ball The fol- | “) | dispose of the same by will, duly exe THE COURTS. se ee Interesting Proceedings in the New | York and Brooklyn Courts. Pra a The Case of Wiegel, Charged with Perjury in the | Tilden-Butler Suit—Rights of Counsel and Grand Juries—Business of the Courts for September—Decision in the Fay Will Case—Decisions. UNITED STATES CIRCUIT COURT. i The Case of Wicgel. Colonel William Wiegel, the witness in the Tilden-Butler case, indicted for perjury, appeared | yesterday before Judge Shipman. ‘The Colonel said | he was unable to procure bail in this city, District Attorney Davis consented that the bail given by Mr. Wiegel should stand until the 16th of July. He would, in the meantime, have an opportunity to rocure other bail. Colonel Wiegel sald, “I thank | he District Attorney for this Indulgence.” District | Attorney Davis remarked, “You need not thank me; you may thank your wife and children for the favor.” The Rights of Counsel Jury. ‘The Cirenit Court room was crowded yesterday morning by lawyers desirous to hear the decision on the order of Judge Shipman requiring Mr. Bell to show cause why he should not be punished for contempt tu refusing to deliver certain papers given iit by his client, William J. Pollock, to the | United States Grand Jury. | Judge Shipman decided that Mr. Rell hada legal right to retain the papers in behalf of his client. | di the Grand | | SUPREME COURT—CHAMBERS. | | Decisions. By Judge Barret Irving Savings Institution vs. Carpenter et al.— Report confirmed and motion and order granted. In the matter of the application of W. Winne, &c.—Report confirmed, Canfield vs. Cantleld.—Report judgment of divorce granted, | |“ Ackershausen et al, v8. Staten Island Railroad | Con. pany.—Application denied, Same vs, same.—Report confirmed and judgment | | granted, Mills vs. Quigley et: al.—Reargument ordered. Brooks vs. Williams, Jr., et al,—Report confirmed and order granted. Newton vs. Wiard.—Memorannum for counsel. Bradiey et al. vs. Jaro’ Same. Hollacher vs. Levy.—Same. In the matter of the application of V. E. 0'Don- | nell.—Report confirmed and order gra Klein vs, Barry.—Bail reduced t ‘Thiernan et al, vs. Kroop.—Report judgment granted, Tallman vs Poncourt,—Motion granted, See mem- orandum. Manhattan Insurance Company vs. Todd.—Motion granted, Mason sion gra. Roller vs. Stevens,—Order denied. E.M. Van Wart va. Lottie C. Van Wart.—Report confirmed and judgment ordered. SUPERIOR COURT—CENERAL TERM. Decisions. By Jndges Monell, Curtis and Sedgwick. Adelia Sickies et al. vs, Wright Gillies et al.—Judg- ment ana order reversed and new trial ordered, with costs to appellants, to abide the event. Jane Peepin vs. Thomas Columb,—Judgment re- versed, without costs to either party, and new trial ordered and order of re! Madalina Dorscher, execut Shaw et al.—Judg! 8. The Hope Mutual Life Insurance Company vs. James G. Soutter.—Judgment and order aMrmed, with costs, The McCullough Lead Company vs. John M. Strong.—Judgment reversed and new trial ordered, with costs to appellants, to abide the event, Henry Amon ect al. vs. the Mich Central Rail- road Company.—Judgment afirmed. John McGuire vse. John sinelal al.—Exceptions overruled and judgment ordered, dismissing com- plaint, with cosis, Jacob Waterhouse vs. Julins Wolff.—Judgment reversed; order of reference vacated; | ordered, with costs to appellant, to abide event, Mary A. Robinson vs. Anthony Robinson.—Judg- ment reversed and new trial ordered, with costs to appellant, to abide event. Charles’ H. Heimburg vs. Joseph Imray.—Excep- téons sustained and verdict set aside; new trial or- dered, with costs to plaintiff to abide event. John Stuart vs. Elbert Stannard et al,—Judgment affirmed, with costs, M. A. Gesnor vs. Edward Gutman.—Judgment amirmed. | Sigismund H. Horstman et al. va. John Miller,— Exceptions sustained, verdict set aside and new | trial eles, with costs to defendants, to abide event. Joseph Cohen vs. John Kel and order reversed and 1 costs to appellant, to abide eve Mr. H. Beard vs. James P. affirmed. Frederick Vilmar vs. William Scholl et al.—Judg- ment and order ailirmed, with costs, James @'Brien, Sheriff, v8. The Mechanics’ and | Traders’ Fire Insurance Company.—Judgment re- versed and new trial ordered, with costs to appel- | lant to abide event. By Judges Monell and Curtis, Jeremiah F. Coleman et al. v8. Isaac Dixon.— Order aiirmed with costs. Merrit G. Read et al. vs. Same. By Judges Freedman, Curtis, and Sedgwick, David Ogden vs. George A. Lathrop.—Exceptions | overruled and judgment ordered for the plaintii! on | the verdic! Ry Jndges Curtis and Sedgwick. Samuel D. Horrey et al vs. The Rubber Tip Pencil Company.—Order affirmed, with costs, COURT OF COMMON PLEAS. fhe Charge of Presenting Fraudulent Bills. Refore Judge Larremore. | In connection with the arrest of Frederick Kindorf | by a deputy sheriff, at the suit of Peter Lorillard and Charles Seidler, constituting the firm of P. Loriliard | & Co., on a charge of presenting fraudulent bills tor goods supplied by him to the establishment through arrangement with one Campbell, late shipping clerk of the firm, the name of Mr. Siedler, in the | confirmed and confirmed and Sheriff.—Judgment | trial granted, with | nt. Sinnott.—Judgment ‘uclida Waterhouse et al. | report published in yesterday's HeERALD, was by | mistake confounded with that of the arrested party, | Kindorf. | SURROGATE’S COURT. Decision in the Fay Will Case. | Before Surrogate Robert C, Hutchings, ‘This case, after a full trial, has been decided by Surrogate Hutchings in favor of the wih, and in rendering his opinion he said:—The will of Mrs, Catherine Fay was proved and admitted to pro- bate September 24, 1869, as a will of real and per- sonal estate. On eptember 13, 1870, allegations were filed against the will by Mrs. Anna M. Mirriam, the sister of the decedent, in her own right, and claiming also as assignee of a brother and sister of the half blood. The allegations were :— Aird—That the formal execution of the will was defecs | ti ‘ond—That the testatrix was not of sound and dispos- Ing mind and memory. Phird—That the will was procured by fraud, circumven- tion, undue influence and coercio The property of the decedent consisted princi- pally of a house in Third street, in this city, and a life interest in the sum of $10,000, with power to ited, which | was given her by the will of her cousin, Dr. Jacob Harsen. By the terms of Dr. Harsen’s will the principal of this sum, in case Mrs, Fay failed to dispose of it by will, goes to the residuary legatees named in his will, and not to any of the contest. ants in this Eig ea Mrs. Fay was @ grand- danghter of Jacob Harsen, formerly of Blooming: | dale, in this city, aml her cousin, Dr. Jacob Har- | was a grandson of his. According | the testimony of Asa -. Shipman | Dr. N. M. Freeman, the subscribing | witnesses, the will in question was executed in due conformity to law, and in their judgment the decedent was Ol sound disposing mind and memory. | | ‘The testimony of the witnesses for the contestant, taken as a whole, amounts only to proof, not of want of testamentary capacity, but only of eccen- 2 & - s | Special 1 | An unusual number of motions await hearing, | with these will be intermingled @ multipite vs, Crane et al.—Motion for commis- | new trial | greatly obstru | which term Judge testamentary provisions in favor of Mr. and Mra, | Allen. There is no proof whatever that Mr. Allen exercised any such control or dictation over the mind of the decedent as to thwart or change any other intent or disposition she may have had in regard to her estate, and although in the present case the will was prepared) by = Mr. Allen, who was her attorney, there were other close, intimate and _— friendly personal and family relations with the decedent | commencing with Mra. Allen in her childhood, and continuing to the death of the decedent, and if, re- garding Mr, Allen as standing only in a professional relation to the decedent, the strict doctrine Is to be sopiied that “the circumstances called for un- usual cireumspection and vigilance to see that the will was in accordance with the views and wishes of the testatrix, and was not the result of undue in- fuence,” as laid down in Wilson vs. Moran (3 Brad, R,, 172), the evidence in this case abundantly sup- ples that proof, and of mental capacity and freedom from improper bias. Upon all the evide: herefore, the Surrogate refuses to open or revoke the former decree of pro- bate of the will in question. For executor ana legatees, Messre, Minor and Jaques. For contestant, Messrs, Bennett, Backus and Frost. COURTS FOR SEPTEMBER. During the busy terms of the courts, extending through ten months of the year, there are no harder worked men than the judges. In this time there 1s no intermission to their labors, and it ta the severest kind of labor, occupying many hours each day outside of the time spent on the bench in the examination of voluminous papers and exami- nation of law authorities bearing upon the confit tng points in litigation, At length has come the period of respite, or at least a partial respite, from their severely onerous labors, and certa will begrudge them their brief holiday and the chance for recuperative rest given them, hall the better fits them to enter with renewed t upon the discharge of the important duties devoly- ing upon them. THE STATE COURTS, reme Court, the only branch of-the Court Inthes | which will be open during July will be the Chambers, For the first two weeks of the month Judge Leonard will hold court on Mondays and Tucs lays and Judge | James C, Smith on the remaining days of the week. Judge Pratt will hold the Court the remainder of the month. There is every indication of a busy month, vot mandamus cases and applications for orders of arrest and discharges from bail, and others of ex- clusively er parte character. On Wednesday Judge Barrett, who has presided at (! abers during the | past month, will hold a special session for the set tlement of orders. ‘There will be no trials in THE SUPERIOR COURT ‘The only court Li session will be the . Judge Freediman, who has lield this court during the past month, wil tinue to hold it til the second .Saturday in the month nell will preside till th of the month, ‘The Court does not open tll tw o'clock M. On Saturdays there will be no court, nthe during July. | COURT OF COMMON PLEAS there wiil be only a special term heli during July, Judge Van Brunt will hold the court the first week, Judge Joseph H. Daly the second week and Judge Larremore the remainder of the month, Judge Van Brunt has, however, a cotton case, the suit of Weston against Olmstead & O'Day, to conclude, the particulars of which have been published in the 1ERALD, to finish which will probably take several days. The complaint, as will be remembered, has Ween dismissed as against Olmstead, and now the case has to be tried as against O'D: The only case that will be tried at the Court of Oyer and Terminer in July will be the finishing of the Stokes trial, Itis thought this will occupy at | least ten days yet. All the parties engaged evince an inclination and determination to bring it to as Speedy @ conclusion as {is consonant with the importance of the case and the ends of justice. THE MARINE COURT. The assignment of the judges of this court, as previously fixed, holds good to the end of the year. The business is very pressing and daily increasing, notwithstanding the exertion of the jud and dispose of the cases on each day's Wantof room and accommodation, however, seri- | ously retard the labor of judges and officials, and keep lawyers and litigants in a bad state of per- plexity. ‘The accommodation asked for from the Common Council, for the holding of the Marine Court in the rooms once occupied by the Court of Common Pleas and the oMces attached thereto, ought to be immediately devoted for the required purpose, Otherwise the wheels of justice will be BROOKLYN COURTS. + UNITED STATES DISTRICT COURT. Decisions. hy Judge Benedict. ‘The United States vs. The Bris Monte Christo.—It is evident the Am ter was fraudulentiy obtained. There must, therefore, be a decree cou- demning the . Allen T, Tirrell, Assignee, vs. George N, Howelt and Mary E, Howelt,—bili dismissed, with costs, CITY couaT. | Jurisdiction of the Court Over General G rdians—Important Decision. Before Judge Neflson. In the matter of the guardianship of Caroline A, Phraner, an infant.—A general guardian of tne to- fant was appointed by the Surrogate, and after duly qualiiying took the trust funds. The next friend of the infant petitioned the Court for the re- moval of the guardian, and an order was granted referring the petitioner's allegation to a releree to take proof and report. The report of the referee gustained the material allegation, and was also to the effect that the guardian had invested the trust funds in his own naine (uot as guardian) and nog- lected to care for the child, The report was amrined despite exceptions, and after the appointment of another guardian ‘an order to show cause why all the proceedings and orders should not be set aside, on account of a lack of jurisdiction on t! part of the Court, was granted, aud the matte came up for argument. The argument was that neither the act of 1870, baer ge J the jurisdiction and increasing the numbers of judges, nor the amendatory act of 1571, included proceedings for the removal of general guardians. Counsel for the infant held that the act of 1871 gave to ibe City Court the same jurisdiction and powers in Kings county as possessed by the Supreme Court. Judge Neilson took @his latter view of the mutter, and denied the motion to set uside the proceedings, with costs. The Court also granted an order 1e- quiring the old guardian to show cause why should not be puuished for contempt in not obey- ing the order removing him and paying the balance In bis hands to his successor, With Costs of the pro- ceedings. No appeal was takcn, aud vie oid guar- dian paid over. SURSOGATE’S COURT. Wills Admiticd—Letters of Administra- tion, Before Surrogate Veeder. During the week past the Surrogate admitted to probate the wills of Peter Simon, Patrick MeKerma, Michael J, Murphy, Frederick Schroeder, Peters, Thomas North, Richard Purcell, field and Mary Ann Sugden, of Brooklyn. Letters of administration were granted on the estates of Barbara Wenhart, John Duchimer, Mary Dipperman, Catherine Gerrity, Lawrence Kebholz, Edward Wiley, zabeth Cunaingham, Wililam i, Mullation, John Craig, Thomas Ke ynolds and John A. Wetzen, of Brooklyn- STRIKERS SENT TO PRISON. Wanton and Unprovoked Assault on a Workman—The Strikers Mast Look Out in Fature. In the Court of Special Sessions yesterday morn- ing—Judges Hogan, Shandley and Gox on the bench—John Schaffer, Philip Fair, Join Birkman and Frederiek Krepps were tried for assanttin Wellington Smart. From the evidence adduced, it appears that all the parties to the case, together with others, were employed tn the moulding shop of Paliner & mbury, On the 8th instant all the men, with the exception of Smart, struck, end on the 12th—sour days later—the four arties above mentioned, followed by some ten or dozen others, went to the shop, gained admit- tance and demanded that Smart ‘quit’ work and join the strike. Smart refused to comply with thelr Teqnest and was at once set npon by the four pris tricity; but in no wise characterizing her as an in- | sane Woman. So far as the evidence relates to her | | management of business—which is a fair test—there material fact that indicates any such weak- ness of mind as to show an inability to understand | the nature, importance or effect of a testaméntaty | or Could be in any such deg any extraordinary amount of evidence on the part came to be made in their favor; but, 80 far as the capacity and free will of decedent were attacked by legatees leave the case free frou doubt as to the validity of the will, A testator has the right in law to dispose of his property by will, to the entire exclesion of his kindred, if pos- sessing a sound mind, freely exercised. In this case the surviving next of kin were a sister of the full blood and some collaterals of the half blood, There was but little Intercourse between the sister and the decedent during the last year of her life, and no evidence of any intimacy between any of the other next of kin and herseif, and consequently it cannot be believed, from th vidence, that there | was any marked affection between them, Whereas, on the other hand, the decedent had known Mrs. Hanuab J, Allen, wife of Horatio P. Allen, from her childhood, and the latter had been the legal adviser and friend of decedent for years, and she had often declared her intention to favor hin by her will, and | Hummel, appeared for the de | act, or fo render it probable that her free will would | ang, liable to undue influ- | the ence or imposition as to raise a presumption that the | #0 light. He called some dozen or more witnesses will in question was not her free act, or to demand | to testify as to the good character of the prisoners, on , Who handled hirain anything bata tender manner. ‘This was the evidence of the complain- ant, and it was corroborated by the fo an of the shop and another party, botu of whom Te presa- ent and saw the whole affalr. Mr. Abe. H. Hnmme), of the firm of Howe & nee, and it was to his strcnuous giorts in their behalf that nience which was Bubsequentiy pisshd Was besides placing eight or ten others on the stand, of the legatees to explain how and why the will | who ewore point blank that the strikers acted only in self-defence (%); that Smart had in his hand large wrench with which to cave in the craniams 0 contestant’s evidence, the proofs furnished by the | the intruders, and that it was to prevent lis using all reasonable | the instrument that the strikers assaulted him! At the conclusion of the testiinony Mr. Hummel addressed the Court in behalf of his clients. He said he had proved conclusively that the prisoners had not committed an overt act until they were first assaulted, as the evidence for the defence showed; that they merely went to the shop in pur- suance of an engagement previously had with the superintendent as to the probability of @ gettie- ment, and they had no Idea of assaulting any one. Despite these remarks, however, the Court said they would find the rigonisre of lity. Judge Shand- ley said the Court had no right or desire to inter. fere with the strikers so long as they conducted themsclves {n aa orderly manner, but they were determined to protect persons from assaults of this kind, “The sentence of the Court is that each of the prisoners be confined in the City Prison for a | Were is, therefore, # rational, explauation of the | period of ton days,’ THE LONG STRIKE. Premonitory Symptoms of Its Close. The Strikers Woakening and Anxious for a Ter- mination of the Difficulty—The Employerr Woaried and Desirous of an Amicable Settlement—Meetings of the Packing- Box Makers, Bakers, Granite Cut- ters, Marble Cutters and Sew- ing Machine Workmen. To-day the strikers enter upon the ninth week of their crusade for a reduction of the hours of labor+ ‘The record of the past week has not been of a na- ture to encourage the men who have so long, per- sistently and bravely stood out against the capi- talists, the result of the week's movements having been on the whole somewhat unfavorable. Yester- day was one of the dullest days at the various places of meeting witnessed yet, and though still assert- ing their determination ‘to hold out to the bitter end, a feeling of uneasiness is beginning to be and considerable inpatieace manifested about the fal result. The employers fecl no better than the men; thetr interests have greatly suifered and | are still suffering from the stri The master marble cutters will resume the ten- hour system, which has caused the workmen to en- gage In another strike, but with slim prospects of | Success, Some of the furniture makers are also | returning to the old plan, asserting that they pre- fer complete idleness to the present ruinous state of aifairs, The Eight-Hour League still continues to sit at Teutonia Hall, and distributed more than two thousand dollars among those who were be- lieved to be really in need, the amount given being | in proportion to t ssity of the case. Many of | the workmen, wi! been on strike for six It is to be hoper week Will si interminabl: relations between tal and labor resume a more amicable footing. ests of the city and the entire country ly demand that such should be the case. ade is languishing, and manufactures are almost paralzyed, and an early settiement of the vexed question will alone the diflieulties that en- cumber trade and commerce, The Gra e Catters, At a meeting of the granite cutters yesterday the delegates of previous committees were discussing the present standing of the association, Mr. O’Sul- livan, delegate from Westerly, wished to say some- thing in reference to his intercourse and business: with Mr. Batterson, Mr. Batterson some time ago arged the Westerly men on strike as being the cause of his losing $50,000 charges, &c. The organi- zation wish the public to understand that he brought the strike upon himself, and that the dam- ages and expenses Were incurred solely on his own account, taking, as he did, unskilful workmen into his employment and paying them more than lus contract could allow, for the special purpose of keeping them at work while the Westerly men were on strike. They consider, however, that he ful- Milled his duty with the building committee of the Masonte Temple and exculpate him from all blame in that direction, While saying this they only wished he would deal as fairly with the granite cut- ters themselves, They wish not to interferfere with Mr, Batterson’s business nor damage it in the least, but to settle if possible the dimeulty between him and them, and on this account announce their readiness to meet at any time the gentlemen of the building committee, which he was at liberty to select for that purpose. The Packing Box Makers. The strike of the packing box makers for an in. crease of wages has been finally successful, a large number of employers having acceded to the de- mands of the men. The men submitted # price list to the bosses, with a statement that if it were not nplied with they would leave off work. This the yxges at first refused to do, and the consequence was the men struck. They state that their wages have been steadily lowered year after year, and tthe present movement was absolutely neces- eserve their interests from being com- atroyed, There are more than 500 men Jin the business. city alone, and almost as many more in Jer- y and Brooklyn. The following firms have ive the increase of wages :—Corbett nn street; ‘of Cedar st I street; Smitzer, of Gold street; Dui Moore, of Washington street > of Wort e ar, of Washington street; Mec hon 8 treet Todd, of Baxter stree | street} Bendick, of Prince street Rank street; Holmes, of Tenth avenu Jersey City; Macy, of Twenty-seventh street; Herd, of Brooklyn; Lowry, of Brooklyn; Lorillard, of Brooklyn; Raferty, of Thomas street; Talmage, of Raxter street; Keller, of Howard street, and Morse, of Prince street. The Marble Cutters, The majority of the members of the Marble Cute ters’ Protective Association met last evening at their regular meeting hall, on Third avenue, at eight o'clock P. M., for the purpose of taking into, consideration the late proposed design of a reunion with the other stone-cutting organizations and of taking measures to prolong their strike until they obtain the eight-hour system from the marble bosses throughout the city. Though the meeting was attogether private, enongh could be gleaned from a few reasonable members to understand how determined the men still are. They have now been six weeks on strike, notwithstanding the numerous disadvantages they have already endured. They af- firm that common laboring work is more acceptable than to work at their trade longer than hence they have sent very jon to work in other States diferent and The bosses ot ha have em- Swift, Nicoll & Smail, of Bliss, of throughout much more unfavorable auspice the marble cnttera, on the other ployed very many of the organization according to the eight-hour syatem. The organization thereiore reasonably exculpates every member who either publicly or privately can secure employment. ac- cording to the eight-hour system, but express them- selves most determinedly in continuing the strike should their demands not be fairly complied with. The Street Car Stablemen. The strike of the stablemen employed on the Broadway street car line still continues, but owing to the prompt measures which had been taxen to supply their places the inconvenience is not so great as it would otherwise have been. The Superintendent has employed new men to take the places of those wio have left off work, and did not find it very dificult to procure them. On the Seventh avenue line the stablemen are also still on the lock-out. The conductors and drivers are still erforming their work, notwithstanding the Titmences tha have been bronght to bear upon them to force them to act to the contrary. New men have been advertised | for by the company to supply the vacant places, and the company absolutely refuses to take back any men who have left off work. On the Sixth avenue line the new men are still at work, and no fg has been made by the strikers to interfere with them, or molest them in the discharge of their duties, On the hth avenue and the other lines everything goes on as usual, and, judging from ap- poarances, it is not likely there will be any strike, So far as the eight-hour movement is connected with the street car employés it cannot be pro- nounced @ success, and there is nO likelihood that it will be so, The Bakers. A masa meeting of the bakers was held last even | ing at Putnam Hall, to devise measures to perfect the organization preparatory to a strike for an tn- crease of wages and a reduction of the honrs of labor, The aitendance was not ‘ge, whether ow- ing to the heat of the weather or from some other | cause was not stated. The Bakers’ Union numbers about 250 men, but this is only a fraction of the members of the trade in the city, who number nearly 4,000 men, the greater portion of whom are Ger- mans, Besides the union which met last night, there are two omer German unions, and they are all moving in the same direction. At the meeting last night great unanimity prevailed, and the men are confident that When properly organized their suc- cosa 13 sure, RTs, wi THOMAS MONUMENT FUND, The following subscriptions to the fund for a monument to Major General George H. Thomas are reported by the Treasurer, Colonel Samuel B, Law- rencei— Previously reported oes.) . Gotlected by Colonel James Lake sid ‘Maj $3,262 00 B. 307 50 ” WwW 60 | * echbeg 500 | uiinty, Colonel J. ey a . M. Gilbert from zens in Rochester, » ‘ Aas 36) 00 | Collected by Major M. H. Bright from Messrs. | D, Morgad Cy pereren “ 00 Co'fected by General T. B. Van Buren— nu From Mr. Sinclair Tousey ¥ AB. ( Mr. G. Blague rom Mr, P. MeMartin.... From Mr. Hiram B. Crosby From jor iy se eee see From Colonet Rush ©. Hawkins From General T. B. Yan Bureau, SESSPRESSSE! SSSsessssee. :