The New York Herald Newspaper, July 24, 1872, Page 8

1 } } ' ‘and their respective retinues of counsel. nn cits Ta. Report of the Commissloners of Est "mote and Assessment. ~ mee Argument os to Its Confirmation Before the i Sapreme Court, General Term. A Thorough Legal Ventilation -' of the Whole Subject... ~ i . eaten eaere Facts and Figures Upon Awards and Assessments. ©‘ Bae scart a ; The eubject of the Riverside Patk, which for a Jong time past has been frequently before the Courts, came up yesterday morning for further legal ven- tilation before Judges Leonard, Barrett and Pratt, Dholding General Term of the Supreme Court. In ‘view of the oft repeated history of the case it is ‘unnecessary to go into specific details. The main points are that in 1867 the Commissioners of the Gentral Park were authorized to lay out this park, %o which, on account of its (ctgn ee ‘ BORDERING ON THE HUDSON RIVER, |. ‘was given the name Riverside Park. It begins ‘at Seventy-second street and extends to 130th Btreet, its western boundary, a8 already stated, be- 4ng on the Hudson River, and its eastern boundary ‘awavy line vacillating abont midway between ‘Twelfth and Eleventh avenues. Commissioners of pstimate and assessment were duly appointed to Jay out the park, which they did, and made their weport, but the iatter, on appeal from the order of the Special Term confirming it, was set aside by the General Term, and new commissioners appointed. This second commission entered upon their duties, and, having recently completed their Teport, the case came up yesterday on a motion to confirm this report. By this latter report the assess- ments are $6,171,000, and the awards $5,880,628, with expenses rolling up an aggregate of $240,000, There was a large attendance in the Court, made Up principally of owners of the property assessed { ARGUMENT OF COUNSEL, Mr. Deviin opened the argument in opposition to confirming the report. His first point was that the proceedings were irregular abd initio, and second that the proceedings were vold for want o1 jurisdic- tion. He insisted that the act of 1867, which gave the Commissioners of the Central Park power to lay out and establish streets, avenues and public squares or places, WAS UNCONSTITUTIONAL AND VOID, ‘and of course all action under it of no validity or effect. He further urges that the Legis- lature cannot constitutionally delegate the power of eminent domain, except in clear and unmistakable cases; that the property to be condemned is necessarily to be applied to public use, a8 in case of streets and’ highways, which are from their very nature to be applied to public use and are an absolute necessity for the {pubiic; or unless it makes the positive declarat'on that the property when taken shali be deemed to “be taken for public use; and this declaration must "nave strong inherent presumptive evidence of | ‘truth, from the nature of the improvement, as In “the case of railroads and canals. A statute anthor- aving the appointment of commissioners to acquire title to the lands of A for a residence for B, a pri- vate citizen, and declaring that the land when taken should be deemed taken for public mse, would be void, thorgh ample com- pensation were made to A, because it would clearly appear that the whole preceeding would result in taking private property for private pur- ‘poses. A genera! delegation of this highest of all rights—the right to take a man’s property against | ‘his will and in epite of his opposition—cannot be upheld in cases of doubt or uncertainty. In these eases the Legislature musi directly exercise this great power. The area of assessment from Forty- | | charged with stealing letters, gave bail in $2, front io S00" sejors nasi, THE GREAT UNWASHED. put off further there was probability of the assess- ent being further lessened. ne on ed what award was made to Mr. Church said he had not been awarded a dol- lar. He hoped that the report would be confirmed, and an epd be put at once to the matter, as then and only then property owners would know how and where spay stood, and if they desired’ to sell ue could do 80, which was impossible at 1 Mr. Davis called attention to lois owned by Mr. Peck, showing discrepancy in tie awards in some oases and a total neglect of awards in other cases. He cited various authorities showing, as he in- sisted, that it was the manilest duty of the Court to revise and correct the report of the Commissioners in thia reward. Mr.-Pritchard said that he found since coming into court the Commissioners had changed their report touching leasehold property. He wished to ubinit points in two special cases, so that the Court might see what their rights were. CORPORATION COUNSEL TO THE RESCUE. Mr. 0" an, Corporation Counsel, on behalf of the city, said that in a public work of such great Magnitude it was a source of congratulation that so little ction had been made. Over thirty thou- sand lota had been taken for this improvement, and yet the objectors were not two percent of those interested. Very important duties devolved on the Commissioners. They were to some extent a Court, jury and witnesses. When such reports came up it ‘was the custom to regard them as the verdict of@ jury. All the facts haa been before them. values of lots depended on various con- tingencies, It was not possible for the Court intel- bly to decide whether the values given were ct, As to the area of assessment this ‘was very wisely left to the Commissioners. He read Portion of the act bearing on this point. It was , he claimed, set forth in the act tiat the Park was to be for the pans use. He dwelt upon the subject of the utility of the improvement. This int he considered settied by the acts of the minission. If further proof was wanted he read the published views of the West Side Association, He reviewed at length the points submitted by Mr. Devin. He urged they were ingenious, but untenable. As to area of assessment, If left to the different parties assessed, there would be no as- sessment, the benefit conferred being narrowed down to the improvement itself, It had been urged that there were four parks. There was only one pak though intersected br streets, the same as ntral Park. As to the faliure to assess ratlroad propeity he claimed that the railroad companies Were not benefited, and therefore justly exempt from taxation. In the matter of expenses he in- sisted that the second Commission used the books ission, and that the acts of ‘e one proceeding. He hext repiied to the argument a3 to the fifteenth amendment, and with this, having finished up his responso to Mr. Deviin, took up the various objections of other counsel. In conclusion he urged upon the Court to take into consideration the importance of arriving at @ speedy determination of the matters sulmitted for their consideration, Every day's delay was of great consequence. The taxes were about being settled for the year. Much delay would render an entirely new proosedine necessary, and therefore he united with the various learned gentlemen opposed to him in asking that the Court give the matter its earliest attention. Ex-Judge Strong followed inan argument defend- ing the action of the Commissioners in reference to the Hudson River Railroad track. At the conclusion of Mr. Strong’s remarks the Court, having been in session nearly five hours, adjourned til the 2d of August, at which time it Will probably give its decision as to the conirma- tion or otherwise of the Commissioners’ report. THE C picseqens UNITED STATES COfM*iISSIONERS’ COURT. Post Office Defalcation. Charies B. Wilgus, © clerk inthe Post Office, 009 before Commissioner Shieids yesterday to await the action of the Grand Jury. His father became | his bondsman, Charge Against a Pawnbroker. J.B, Fry, a pawn’ roker at 919 Third avenue, was arrested on complaint of Otto Hettrick, who charges him with using cancelled five cent revenue stamps on his tickets. IH» was taxen before United States Commissioner Shields yesterday, who held him for examination in $3,000 bail. | COMMON PLEAS—SPECIAL TERM. | Decisions. | By Judge Larremore. | Struthers vs. Christal.—No stay should be granted on the papers as presenter mecond to 185th street, he claimed, was too tended, and that the benetit for which an assessment ‘Ys laid must be ‘substantial, certain and capable of being realized within a convenient and reason- ‘able time.” E sisted that the report of the commissioners bears upon its face evidence that they have not per- formed the duties imposed upon them by statute. One of the most important of these duties was the | exercise of their Judgment in defining and fixing | the limits aid extent of the area of assessment. The three commissioners whose report is now presented have taken as the north and south mits of thelr assessment the northerly side of Forty-sccond street and the southerly aside of 155th street, precisely and identically the north and south jinits taken by the first board, as appears by the record of this Court. When It is considered that these limits are purely arbitrary it is impossibie to conceive that six minds should be wo similarly constituted that they should agree pre- + cisely upon @ qnostion so doubtinl and purely theo- retical. It must be apparent to the Court that the second Board of Comm:ssioners have not exercised any deliberation ou the subject, but have blindly followed the lead of their predecessors. Especially is this the case when, as it appears by the two re- ports, the later commissioners have, in the ma- jority of their assessments, simply taken myes, of the old commissionors and increas them in mathematical ratio. Another point was that the commissioners have not acquired all the iand laid out by the commissioners of: the Central Park for the purpose of these improvements and covered by the original petition, notice and order appointing them commissioners in this matter, r ‘will be seen by inspection of the report and maps that there is omitted therefrom a broad strip of land running from north to south through the Tour parks, the entire length thereof, thas making eight parks. This strip constitutes the land ocen- pred bythe NEW YORK OfNTRAL AND FU! RIVER RATLNOAD ‘ COMPA) for their tracks and land on each side of the tracks owned by them. After showing, as he claimed, that the commissioners had er in their assessments in ounttiy Toad lands, he went on to argue that the coin- sauisaionere have erred in including fn their ¢ of expense the costs and expenses of the pro ings of the firet Board of Commissioners. ‘thi proceedings are not in the nature ation to defray public burdens, but in mature of the exercise of the right of eminent domoti by which property is acgnired for public urposes, and the expense ch acquisition paid by a tow property owners. The illegal proceedings constitute no part of the acquisition of the property. ‘They are utterly vold. Under no principle of law | “or coutty cau such expenses be cherged upon a few ‘property owners surrounding the parks. How are they be 'y roceedings? What part ve they had in them? Why should they be unished for the nilstakes of others ? Such action ‘amounts to @ contivcation of their property for What ‘$s of no earthly hencfit to them. ( Two pets of costs are imposed upon those whose ole crime is to own prop in the vicinity, If | ‘tho report of this second set of cominissioners be | get aside on account of their errors the only jresult wil! be to have three bills of conte. fit offers a Premium to ignorance a | incompetency, ani one park opening may become | for successive generations of commission- ers. His next polut was that the appointment of ynere by the General Term, w deciding ‘the appeal from the order of the Special Term con: | irming the first report, { WAS UNAUTHORIZED AND VOID. ‘te commission, he insisted, were with. out #1 mm thé premises, and their report | ynoruah nd. B ) Tepreaented fifty property owner and net them would give five dollars for this | smpees aaa! Ro mun, ire eee pine be de- | except bya jury. This matter Pend the ditesnth amendment to the coustl- | ation, Im view of the large interests 1 ‘and the wane ef aw apology for the exercise of this power, @ great duty devolved on the Court. The ark was Dot necessary, being only a pistol-shot rom the generat Fark i ‘ 4 represen varions objectors to ‘tie confirination ‘ofthe report, claimed that anu Der of mistakes were ware by the Commissioners The Matter of awards and assessments, which it de Yolved om the Court to correct. He called atten- Non to various lots in which corections, he in- sisted, shoukk be made. in this connection he | Feviewed the proceedings beioie tie Special and | General Perms. The objections then presented he Robmitted now before the Court. a serious objee- tion, he insisted, was in the case of certain lots, That the aasesanents were tie sume on rear as on Tront lots, ‘The Commissioners, le understood, in- pei ld Sorrection, tut have not done FO, 10) 0 Court would ordgs the re 10 be 60 amended. eed arging on this at length, he in- | past ten A. | clan) and John A, | for some time previous to the assault, Burr vs. Henderson.—Plaintift has twenty days for service of notice within which to file security, und the order to show cause should not have been made returnable at an eariics date. Let Mithin motion stand adiesrued to August 1, 1872, at half i} i. ‘Nelson et al. vs. Groocock.—Injunction vacated, In the Matter of Mandeville & Siglis—Order con- tinuing lien. Darron vs. Morgan.—Lien continued. Halliday vs. Hayes.— \ttachinent discharged. Marvin et al. vs. Hami » modified, Jonnes vs. Burnham.—Case on appeal, demand abandoned, and notice of appeal vacated. Coulter ys. Rowes et al.—teference ordered, Marphy vs. Baldwin.—Sheriff bili taxed. In the Matter of the Petition of Charles F. Flem- ing—-Petition grauted for leave to bring sult, SUPERIOR COURT—SPECIAL TERM. Decision. By Judge Monell. Grosser et al—Motion granted; $10 Jacoby costs, Scrreme Cocrr—Cn Am Pratt,—Nos, 8, 88, 40, 47, ie. Held by Judge B, 98, 101, 114, 118, BROOKLYN COURTS. ibaaabclpeaaladieisal CITY COURT—SPECIAL TERM. | A Well Known Liquor Dealer's Hallaci- nation—Curious Mental Freaks. Before Judge McCue. An application was made by Mr. Oscar F. Shaw for the appointment of a commission to inquire into the alleged lunacy of George N. Denell, proprictor of the Australian liquor saloon, No. Court street who {8 now confined in the lunatle agylnm at Flatbush. The application waa made on behalf of Peter Heraghty, of the firm of Heraghty, Van Arnan & Co, oO 36 Broadway, New York, a large creditor of Mr, Denell. Mr. Denell's mind had been 80 affected for some time previous to his 6 the asyium that his bush nd his “propeyty wasted, and during executeda transfer of the saloon with- tiou, @he aMdavit of Frank O'Malley, , Showed that on the 14th instant he deponent that he was about to marry rth $100,000, and that on his return he a check for $20,000, He sent a message t ndiady saying that he would marry her in fifteen minutes, and on another occasion he was ejected froma respectable married woman's bedroom which he had entered while deranged. He was well acquainted with the family, He alse had a great notion of buying ont saloons, and told O’Maltcy that he had purchased one im Harlem and Auother in Brooklyn, which statement wae of course untrue. He bought a Guineas pig and a monkey, and killed his parrot Yegause it did not talk to please him, Dr. Gilbert testified a8 to Denell’s hallucination about waking Immense sums of money irom his musiness, Denell toid deponent that in six months he had made $60,000 tn his saloon, ‘The Court iseued the writ, which was directed to Edward Blarney (lawyer), George K. Smith (physt- exon (gentleman) as comuis- remova sioners, rt mey By Judge McCue. Fredetick Mobr.vs. Tuomas Weliwood.—Notice to Vacate order of arrest and discharge bail and to set aside summons, and compiaint for want of juriadic- tion, dented. The de! nadant's time to answer ex- tonded twenty days, Defendant to take short no- tice of trial for September term. ve COURT OF SESSIONS. The Bishop Case. Before Judge Moore, Andrew H. Rishop wae convicted last week of as- saulting his wife with stone, which he threw at her In the street. The couple had been separated The defence on the tial was insanity. 2 Yesrerday Judge Moore sentenced Bishop to four months’ imprisonment in the Penitentiary, and di- rected that an inquity be made in regard to the condition of his mind. The Board of Apportionment met yesterday at two P, M., according to adjournment, The ‘frst business transacted was to authorize the Comp- troller to issue stocks of the city of New York to the Mr. O'Gorman stated that the Cerk vad toi nim ‘that he received no istrucvess to make the cor recuion referred to, Judge Leovurd anid Mat if the Commissioners | ‘Were satisted that ca error hav made in tais | yegard they cow's Low make the amenducnt, SRO HTY OWNER BEEK, ) Sr, Aaderecu huigsed Vial te was a manifest | amount of $600,000 to meet the requisition of the Commissioner of Public Works, viz. :—Additional | Croton Water Stock, $260,000; Water Stock of 1870, $20,000, On motion of Mr. Van Nort the sum o £100,000 was apportioned, 880,000 Of which 18 allot. ted to the expense o, heating apparatus, aud $20,000 toward expenses of repairs OF School bulid- lugs. The Bowrd goon ater adjourned, ness Was being | | the rear of the premises 39 Mule | Mother related the } Parties can be secured, A Day at Special Sessions—H, @. and U. 8. G. in Court—A Specimen Policeman—A Man Beaten Nearly to Death— “Paddy the Smasher.” There was assembled within the dingy walls of the Special Sessiona Court yesterday morning the usual number of dangerous, foolish and licentious personages, together witha fair sprinkling of ro- spectability—whizh element, however, was for the most part confined to the justices, the lawyers and @ few of the witnesses. The prison box was crammed with the vilest creatures the great metropolis can produce, and from it and tuem arose an odor altogether peculiar and not at all fragrant. Through the bars“ of tue door peered eyes denoting every degree of crime, want, degradation and = = misery. There were little children who could not Possibly have seen more than twelve summers, ragged, hungry and avaricions. Crime and degra- dation have already set their damning seal upon their faces, which nothing short of an interposition of Divine Providence will ever eradicate. Police courts, houses of refuge and the like will never ao it—they only intensify it. Of old offenders there was any-number—men and women who spend four- fifths of their time on the wrong side of prison bars, cursing their Maker and sighing for the end of their wretched existence, which, happily tor s0- ciety, will soon come. v - POLITICS IN COURT. While waiting for the arrival of the Justices— Messrs. Scott, Shandley and Ledwith—an individual wearing the proverbial anti-historic white hat, which he had just procured from a member of the General Committee at the Astor House, took paper and pencil and proceeded to canvass the assem- blage, prisoners and all. The result was—Greeley, 204; Grant, 36. ‘Paddy the Smasher,” a notorious Fourth ward rough, could not forego the pleasure of keeping up his uaual custom of repeating, so voted four times for the Cincinnati nominees, which he declared was not one- sixteenth the number of votes he ts accustomed to oasting at a regular election. Among the prisoners but one was found willing to swallow the Grant pill. He was subsequently acquitted of a charge of as- Sault and battery. HOW POLICEMEN SWRAR. Officer McLaughlin, of the Twenty-elghth precinot, charged John Rose, the Hibernian custodian of & west side liquor store, with assault and battery. When the prisoner appeared behind tho railing his head and face presented most anything but an inviting (niches pued Both eyes were robed in deep mourning and neariy closed, his face pore at least a dozen scratches and cuts, while from either side of the topmost story of his cranium loomed up three or four good sized contusions, The valiant knight of the locust, be it remembered, was the complainant—charging all inanner of evil things against Rose—and yet he was withont so much as a scratch to show for the terrible pounding he had received. But then, this of itseif is NOTHING UNUSUAL, for in the majority of cases, when attempting to make anarrest of the citizen, be he cyer so unof- fending, if he chances to upbraid the oMcer for what is too often his brutal harshiess, or remonstrates with him in any way, he is prey sure to receive forthwith a good, sound clubbing, and thon be ar- raigned in court on a charge of assauit and battery. Tndeed, such cases are of almost daily occurrence, as any one will soon observe by attending the police courts @ short time. McLaugilin went first on the witness stand, “T was standing on the sidewalk in front of Rose's place,” he said, “when that individual came out and assaulted mo, yeopasics | me down and beath me nearly to death; he hit me with his tist anc with a club, and he kicked me in the face and body.” In answer to questions pul. by Mir. Abe H, Hummel, counsel for the defence, MeLaughiin said he was not in Rose’s house at all—was never in there in his life; DID NOT STRIKE THE PRISONER untilhe had first struck him. “I did not give the risoner the marks he now bears on his head and face.” But now hear the other side. Rose takes the stand and in reply to Mr. Hummel sivears that the officer came into his store, abused him for four or five minutes and then struck him on the head with his club, The two then cliachcd and Rose waa thrown to the floor whore he received the pound. ing, clubbing and kicking which put his head in the condition above described, This evidence wa fully corroborated by Ove disinterest In acquitting the prisoner one of the marked that he wondered if there w some policemen would not swear to. CAUGHT IN HER OWN TRAP. Ignating Leach, & very respectabletooking old gentleman, was ‘charged with assauiling mma Beck, a child twelve years of age. Aficr the girt had given her evidence her mother ascended the stand with 5 toss of the head and cur! of the lip, anc swore that her child was very | mi a that Mn Leach had hit her on her “funny bone.” “You have been in this Court before © inquired Mr. Hummel, the prisou “Yes, I have; but Is that an. “I think so, madame; yess") keeping a disorderly house, I beheve “1 was not.” “Then what were you convicted of: “T refuse to answer that question on the ground that it would tend to degrade me,” Another witness was called, and f dence it appeared that the move was | against Mr. Leach, 80 he was at one PADDY THE SMASITER, Paddy Quinn, alias “Paddy the Simp | the most desperate rnfians that th’ | has ever prodiced, and whose repeat against society during the past t t him in’ prison nearly all th yed with having assaulted Oni eenan, of the Fourteenth precinct, ag arrested after a desperate fight, se disenar! sy, one of ‘ourth ward ofe . mae, r Patrh Guinn, who coy tered Into quietne hended him, ‘The e n Clenchy, of the Fourteenth p ave Strict orders to OMecer Keenan to allow no rourhs or dis- orderly characters to lounge on Broadway, between | Houston and Bleccker streets, at iizht. Keenan | obeyed orders, and so earned the cniity of the Broadway “statues,” On Sunday moruing, abort four o'clock, while “Reddy the Blac him, and Quinn s him on the head with a ball stick, cutting him severely. Aiter a short confer- | ence dhe Justices sentenced Qu 10 tweve | months’ imprisonment oa Blackw. isiand, with | hard labor. A FATAL MISTAKE, f Vitriol for a Sore Mouih—Singular Case. oi Deputy Coroner Cushman yesterd vning re- | ceived information that Angelo Bay chill ten months old, Whose parents (Itallons) ave living in y street, had died from the effects of a quantity of oi of vititol which had been administered in mistake for medl- cine, Dr, Fossin, of Grand street, har jen opplicd to for a certificate, , learning tiv ts of the case, rejused to give one, An investigaton resuited in showing that the littie daughter of Mr. Bazini for some time past had been syfering from a@ very sore mouth, (i jast Sunday evening tho fant’s trouble to a country- man who chanced to pass by the door. Tha man, whose name and residence she does not know, Spoke quite confidentiy of his ability to cure the child, and requested My, Bazini to atcompany bin to @ neighboring dig store and he would get some Medicine for the ec, The two walked off to- Rd obtained a bottle of liquid medicine, At 0 drug store Mr. Bazini was told to apply the liquid to the child's: mouth with a feather brush, which wus accordingly done, tie result being that the mouth of the babe was fearfully burucd, also His taco, and the clorhing on which the liguid hat been spilled during the struggles of the little sufferer, It ts unnecessary to state that the second application of the mixture was uunecessary, as tlic st proved fatal. * ‘m Dr. Cushman examined the bottle aud found it to contain oll of vitriol. Mr. Bazin thinks he can find: the drug store again without troubie, and Captain Kennedy, of the Sixth precinct, in whose hands the matter hag been piaced, will make strenuous efforts to find the man who recklessly, if not criminaliy, prescribed tho wixture which proved to be rank and deadly poison. Whether the mists Mes with tie unknowa street doctor or the druggist who filied te pre scription must be determined by an tnvestdration, which will take place as soon as tye suspected tacit a . FELONIOUS ASSAULT WITH A SHOVEL. John Chambers was comimitied at tie Yorkville Police Court yesterday to await the result of inju- ries inficted by him on David Nagle, with a shovel. Both parties reside in shanties in Sixty-fourth street, near Fourth avenuo, and for some time past, It Is alloged, considerable tii jecting has been exist ing between them, caused by a dispute Letween the female members of the two families, Cham: bers, It appeared, had occasion to dig a draty from lis house to another part of the lot, for the purpose of drawing of water joveing in his cellar, Nagle refused to allow lin to do this be- cause Chambers’ drain would cross one he had of the same kind and for the sar puipose, TI came to blows orer the matter, when, as Nagie nA leges, he was struck down with @ biow of a shovel by Chamwers, The latter denies (iar he struck “Nagle with the shovel, but adralys tout some one of His rommele friends Who were standing wound ab UNO may have done it. | COLONEL PICKETT ANSWERED. A DEFERCE OF JACOB THOMPSON. Ono of His Subordinates Claims That His Action as Secret Agont of the Confederacy in Canada Was Honorable and Generous—Thomp- son's Complicityin the Plots to Burn New York and Murder President Linooln Denied—Letters from Thompson and Judah P. Bonjamin, Late Secre- tary of State to the Confederacy. To THe Eprror oy THE HERALD:— The report as received in a Washington aespatch | that $75,000 had been paid for four truyks of papers, embracing the archives of the late confederate government, appears an ambiguous, if not astound- ing rumor. Tho HERALD sagely suggests that Judah P. Benja- min honorably destroyed the secret service vouch- ers, and these documents now offered to the pre- sent administration can only therefore contain those military records and reports of action in the civil service that are interesting as historical records, The writer proposes to explain certain matters which have hitherto been regarded as mysterious, and though he performed only @ subordinate part, yot he had access to those who were chief actors, and, possessing their confidence, became famillar with much that was done or attempted on the Canadian fronticr during our late unhappy civil conflict, Itisa simple statement of facts due to those unjustly maligned. The brief recital will be fortified by documentary evidence, drawn from papers secured by the writer in Canada after the | War. They are used by permission. Every goyv- ernment has its secret service, and sometimes the most important results are effected through their agency. The secret agent in the war of 1812 was Edwards, who had access to all the leading politi- cians of that period, and through whose agency the Hartford Convention was convened, Daniel Web- ster, when Secretary of State, made free use of agents in this service, and Lord Palmerston did not hesitate to send his agents to America and else- where to secretly watch the political movements of foreign Powers. It is not petit Airgas’ therefore, that the Southern States in their late struggle for a sep- arate political existence should use every means re- cognized among nations as lawful and right to effect the accomplishment of their purpose. There is no reason when these events have happily passed forever that the world should not know the truth, and thus dissipate the miserable suspicions and unjustifiable charges which mystery enables partisans or jealous enemies to throw around the unexplained conduct of those engaged in Canada in the secret service of the South. The letters quoted were placed at the disposal of the writer, tobe used at discretion, and there is therefore no breach of confidence in their present publication. ‘The HERALD has quoted certain damaging charges against Jacob Thompson, and it willbe the object of the present article to give a statement of facts. Imprimis: The writer first offers the followin, letter from Judah P. Benjamin, addressed to Jaco} Thompson in Canada :— Drrartunst or State, RicuMonp, March 2, 1865. Hon, J. Trourson, &c., &e., &, — in—I have the honor to acknowledge receipt of your several despatches of 4th, 8th and 22d January, as well | as of your full report, from hands of Colonel’ Denison. President instructs me to forward to you the follow- ing directions on the various poluts embraced in your cor- respond. nce = ivet—In regard to our escaped prisoners, place jn the hands of some person in whom you have confidence such | gum of noney, not exceeding $10,000 as you may deem necessary, to be applied solely to the purpose of assisting | such of our soldiers as may need aid to return to the Con- fedoracy. Nomoney is to be applied to any that do not wish to return here. Second—In regard to Dr. S.,the President does not wish any more money advanced to him, nor does he de- sire that any interierence of any kind be undertaken by the Doctor. We are determlned not to permit any just complaint of breach of neutral rights by our authority or sanction, Third—Pay over tothe gentleman referred to in my despatch of uth December last $20,000, to be used by him At his discretion in our service, and to be accounted for by bim. ‘Should he hercatler need, mote money inform hbhm that Lavill end it to him en being notivied of ts wants, Fourth—Reserve in your own hands such sum as you may noed to pay your expenses haine. th—HKemit thé entire remainder in your hands to Mossre. Fraser, Trenholm & Co., of Liverpool}, to he placed to my credit Ina separate account to be called “Secret Ke this remittance a4 soon Ry pos- re in Servico Account.” tible, and let me know the amount of it, as pressing ned of those funds already for import vice there. ‘Siath—Procure for usa complete record of Burley's case that we may make-itthe basis of official action, irom its deginning fo the final julement in Appellate Court. Secenth—Reiurn to Coniederacy’ as soon as you can. Your own discretion must he exercived as tothe best mode. I would, however, suggest Havana, thence to moros by neutral honee through Texas, This route istong, butis the ouly’ one that can be considered entirel 3 I believe this covers | in order to conceal tht | a8 you reeeive this p } adveriixement tor one week as tollows:— “For sale. — acres of Mlinols prairie lands. For de- seripticn, price and terms apply by letter ty “N. 8, DO: 20, TH? ints, Tam necessartiy brief, watch more securely. “As soon Fill up the blank before the w With the number of pounds sterling thkt you remit to Fraser, | Frenholn & Uo. Yam, sit very res ¥, your obe: TAM retary of State. At about the time of the reception of this letter the Confederacy was obviously extinct. I can only judge as to the disposition of the fands by the following extract from a letter despatched from Naples iu the subsequent year by Mr. Jacob ‘rhompson to the compiler of this record ‘My Dear Srr—Lam obliged to you for your letter. I have been hers and in Rome for the last three mouths, T shall go from here to Alexandria and cannot say when I shall return, Astor myself, Lhave not retained a dollar of Confederate moncy. Before [lett Montreal L re: | ordera trom Richinond to turn It over, and I retaine portion at that time, but secing Mr, Beniainin afterward, and wishing to obtain his receipt in full, turned over what was retaisied. — Thave his receipt for all the money in my hands, paid over in periormance of orders received from Richmond, prior to the evacuation of the sime. While T feel inde: pendent, yet, Feo not wish to be slandered and purstied, L travel v ‘otly and cheaply, and contess T would somewhat prefer to return to Au , for in trath, Ffind nq such place or country as that. Your in-orination trom Montreal was quite acceptable. There are many fine people there. T think of returning there next fall after Uhave finished my wandering over Europe. Very truly, yours, JACOB THOMPSON, ‘These letters are offered as the clearest proof of the motives under which Mr. Thompsor acted, and the strict fldelity with which he observed every ofticlal order in his delicate position as Confederate agent in Canada, Something futher way be stated as tO tie three most serious charges that have been laid at his door, and even now, when the dead dient servant, effete rumors by the production of musty and long-buricd documents. The utter talsity of gratui- tous charges can be contradicted by a simple statement Of facts. Mr. Thompson has beon accused of aiding afid abetting in the assassination of President Lincoin, in having authorized the burning of the City of New og aud of being accessory to the St. Albans’ raid. Let us briefly examine each of these charges in the grade of their enormity. First, with reference to THE ST. ALBANS’ RAID, the testimony that has already been adduced be- fore the investigating committee in Congress proves incidentally not only that Mr. Thompson disapproved of it, bat that he had ordered the leader of the party to return to Richmond and re- port himself for duty. When this party showed a determination to disobey the order, he applied for relief from tis order to another commissioner, as vide Licutenant Young’s letter to Mr. Clay, ad- duced before the Congressional Committee. ‘This makes it clear that Mr. Thompson refused to sanction the raid upon St. Albans, because he was Under the iinpression that the movement was im- politic. It istrue, however, that when these young men were arrested under the Kxtradition Treaty that Mr. Thompson, in generous compliance with the solicitations of the iriends of the partics ar- ragaes, stood by them in their hour of need in order to save them from being delivered up to | enemies wt their existing state of excltemes: Wwouid bo incapable of giving Uhem a fair trig, In fo doing he «ischargsd a simple act of jcstice im pe A to impulses of philanthropy and dictates of duty. & i at - THR BURNING OF THE NEW YO%K HOTELS. And now to approach the present more serious charge 88 to the burning of this city. Many fair homes of the South had uirsady been desolated, burned and razea to the ground. Irritated oy these wanton acta of destruction, wild and despe- rate young moo assumed an lrresponsible license of Re ation. Mr. Thompson nover justited the arn. Ing of private property, but in a general oder au- thorized the destruction of federal stores wherever be“ could be found, ‘the public property used as war moterial in New York Was tinmense, and the publis stores without Mmit, Tta Navy Yard was refeing ships with rapidity, which were carrymg desolation to Southern homes, To urn or destroy these was a justi#able war measure. War can only be defined | ‘as licensed crimd, To take live tn # state of peace (je warder; to burn a house is arson; to pillage or take that which {3 not your own by force ts rob- bery; yet beliigerents as War measures commit all thexe acta from compolsion of circumstances, So of many acta committed during the last unhappy conflict, When the effort to destroy public stores failed Mr. Thompson at no tine and in no way sanctioned an, subsequent effort to destroy ths private property of non-combatants; for however much this might have been justifabie as retaliveory, It was not sanctioned by the rules of vavilized warfare, There sre many ucts, — aewever, in a Biate of Wor to which tho most hon- in the New Yorx Himauy an | | loaned him a wate! issues of the past are buried, tt is sought to revamp | NEW YORK HERALD, WEDNESDAY, JULY ¥, 18{Z—WITH SUPPLEMENT., of which ina tof hence would be abhorrent. | It may be asse! tobe ven, that Mr. bed ty Sree’ oxoeedea These justiianle itm Itis true, when the young men who made the efforta to burn the hotels escaped to Canada, that they applied for aid to retarn to their homes, and Mr. Thompson, being charged with the duty of re- turning escaped Confederate soldiers to the gov- ernment to which they then adhered, felt bound to furnish them the means of returning and accord- ingly did so. They were all so returned, excepting Kennedy, who was arrested in the attempt, tri and executed as a spy, This 19 @ full, frank and truthful statement of the extent of ir. Thompson’s connection with that affair, in all of which conduct we can recognize the clearness and firm. hess with which he confined himself within the limits of the authority intrusted to him in only justifying the rights which are awarded to belligerents, In the case of THE ASSASSINATION OF MR. LINCOLN the first intimation Mr. Thompson ever had that he Was suspected of being in any way implicated came from the proclamation which emanated from Wash- ington. subsequent trial, suborned witnesses and Congiessional committees all failed to estublish any proof of the slightest complicity to every mind not gangrened by political or personal antinosity. Sepayate and apart trom any other tact the well known caution with which Mr, Thompson wus accustomed to deal with men forbade the belief that he would have held any such conversation as that detatiea Brae mau (Conover), who has since expiated his crime of perjury by a residence in the State Prison. Needless, therefore, to revamp these Idle stories, for truth will ever prevail, and tho conscience void of offence can safely exclaim, “Thou canst not shake Oy gery locks at me," th a at the bar of history after many days, and when the calamities created by war siall have passed a way compassion for those calumniated by an easy transition is changed into condemnation of the unjust judgment of opposing minds, Cc THE NEWARK MURDER MYSTERY. The Coroner’s Inquest—Damaging Testimony for Nichols—He is Proved To Have Been With ‘Wagner the Night of the Murder and To Have Offered a Gold Watch for $25, ‘The inquest touching the death of Henry Wagner, in Newark, was resumed yesterday by Coroner Munn, at the Court’House in that city. A number of witnesses testified to identifying the body fished out of the Passaic as being that of Wagner; that he had with him the night he was last scen a man who wore dark clothes, and that he had a considerable sum of moncy with him on that night. The most important testimony, however, was that given by Police Of- ficer John Lees. His statement was to the effect that he had known Nichols some time, he having been on the police force three or four months. He saw him last on the 10th or 11th of this month on the corner of Washington and Academy streets. Nichols had on a dark brown coat. He asked witness where he could ratse $25 on @ gold watch worth $100, at the same time pulling out such a watch from his pocket; he had never seen Nichols with a watch while he was on the police force; witness could not swear whether it was on Wednesday or Thurs- day this occurred, but he thought it was on Thurs- day. Y quE SUSPECTED MURDERER IDENTIFIED. After Lees had concluded his testixiony the prisoner, James B. Nichols was brought into Court. He is a tall, dark complexioned man, with black curly hair and mustache, and has none of the hang-dog look of the regular villain, His features are rather pleasing than otherwise, and altogether he is quite a well- looking fellow. He wore a light slouch felt hat, purple colored coat, salt and pepper pants and dark vest. He bore the traces of the jail about his per- son, and at first seemed very illat ease. After a while he mastered himself, and. maintained an un- usual degree of composure fora man held under such a terrible imputation, He was placea in a chair and seated in the midale of the jurymen. A German named Wolf was then ‘ym called in and told in German to point out the man | whom he saw with Wagner in the saloon on the night of the murder. Wolf ran his eyes hastily over the persons present, and at once settled on Nichols and declared him to be the man. By order of Coro- ner Munn Nichols stood up and put his hat on. Wolf was more positive of his identity than ever, A rr. err was also called, and he too identified Nichols a3 Wagner's companion. The prisoner quivered visibly on hearing this testimony. He was then removed, Albert Kalisch, a jeweller, thought Nichols was one of the two men who entered his store and desired to sell a watch. The testimony of other witnesses went to show that Olive G. Beemer, a young girl who has gained considerable unenviable notoriety in Newark, and ran ee mother Nichols had boarded, had pro- cure THR WASHING OF NICHOLS’ SHTRT. The washerwoman testified, however, there was no blood on it that she saw. Mr. Carpenter, a hotel proprietor, testified that Nichols siept at his place on the night of the 11th, when he was sober; witness noticed nothing un- usual about his appearance; boarded with her (Miss Beemer’s) mother, and is a widower with two children; he leit her mother’s house owing a bill. The “witness gave a detailed account of her meetings with Nichols which were numorous. Her relations with him, she said, were “somewhat more than those with ordinary persons.” (A titer in court). Nichoys had toid her that his cousin that ICHOLS’ FIRST ARRFST. OMcer O'Neil, of the police force, swore to having arrested Nichols on the night of the 9th instant, in Market street on a warrant for habitual drunken- ness. He was tien in company with Olive Beemer, NICHOLS’ VOLUNTARY STATEMENT. James B. Nichols being brought ta again made a voluntary emeut, the substance of which 1s as follows:—On Monday, the sth Wagner and a man named Whittemore were in Vogts saloon in Court street, drinking beer. He was in the saloon again on Tuesday, and Wagner came in. ‘the latter and Whitemove had been the night before to Belleville on a spree. On ‘Tuesday they drank also and played cards during the ‘afternoon. Finally Wag- ner went out and he (Nichols) followed shortiy afterwards, Abaut seven o'clock he re- turned to Voxt’s, and stayed — three-quar- ters of an honr. He slept at home that night. The prisoner then accounts jor his subsequent movemen' ‘aying that he visited New York and Stapleton, L. on Priday, He never saw Wagner, he saya, from the tine he went out of Vogt's saloon, between five and 8iX O'clock on the night of the vt inst. Charles Vogt, the saloon keeper, testified that on the oth, in the Ovening, Nichols left the saloon be- tween seven and eight; he was sure he did not come back. Another witness said Nichols had not been in the saloon all day Wednesday. At this stage of the inquest an adjourniaent was had till Thursday afternoon, so as to allow of a post-mortem exaniination being had on the body, with a view to discovering whether there wery any marks of violence. ‘ihe County Physician was #0 ordered, It 18 doubtful, in view of the horrible con- dition of the body, if that oMcial will comply. The question is LOW naturaily asked why this examination was not had berore, at the time the body was sound in the water, on the 11th instant, be his previous testimony Dr. Dodd stated that he could see no marks of violence, but Mr. James EB. Holt, who resides at the Halt Way House, on the river towards Belleviile, testitied to having found the body floating in the noticed a streak benind the right car of the jody When he first saw it; there was blood oozing from both ears; there was a spot oye? the lvit eye of a reddigh purple color, : A curious fact im connéction wittrNicho's is that Nis first arrest, when in company with the Beemer ie took place the same night Wagner disappoared. te was brought beforg the Police Justice, and, on promising to keep ¢ober and go to work nextday, was allowed to go. THAT GUSTOM HOUSE AFFAIR The Aliegations ot Corruption and Con- eealment Dente by the Colleetce, 4n attaché of the HeraLy yesterday called upon “Collector Arthur at the Custom lyouse, A conclave in the private office, at which several gontiemen of well Known “political persuasions” assisted, pre- cluded the possibility of #2 audicuce until a Very Jate hour. }t was Paally brought to the attention of the Collector of Customs that it had been pub- licly charged that serious frauds upon the national Treastry had been perpetrated by a Mr. Juilua A. Morrill, iormerly of Vermont, a-son of the Judge, and @ near relative of the Senator from that State, These charges contained the staterient that Mr. Morrill had been brived by an iron merchatit of this city to make returns considerably lessening the aay on a cargo of iron, and added that though the “divegularity’ occurred months ago the matter had been hushed up and Mr. Morriil removed only from one branch of the service to another. Tn reply to this Mr, Artiar made the followin) statemenl:—About a Week ago—ns of July last—Special Agent Janes vice, made at the requesi of tle Collector a report in regard to the irregnlarities cgniplained of. Wore suspicions -rcumstances tending to impite Mr. Movrii, Wio, being informed of the charges, asked to be heard in his own defence, and his re- atest Was, aes ling to custom, granted, Mr. Arthur claitng that it was at lis direction the report was made; that he consequently was as far removed as possible from any attempt to A Ca the facta, and he aiso states that at no ‘irae has he made any statement differing from this, ‘The WHOUNt Of the loss to the sovernment alloged he #lso states 10 be but a few haadred dotinrs, instant, = W. | iver and to having | SUMMER HAUNTS. Attractions at Riverhead and Mat tituck, Long Island. Total Gettysburg. Aristocratic Dyspepties Drinking Iron and Suki phur at Richfield Springs, NATURAL AND ARTIFICIAL BEAUTIES: RIVERHEAD. Jottings About the Capital of Sufoll County—Attractions of Mattituck—& Journalist and Ex-Congressman of the Adoption of Horace Greeley as One of the Old Boys. RrveRneEad, July 21, 1872. | This being the capital or county town of Suffolk; Long Island, is a place of great importance, nata- Tally enough, in the minds of the natives of the east end of this island. There are churches of vations denominations, a Court House, public school, one or two manufactories and two coum try hotels. The land surrounding is fertile, and the agriculturists wear an air of “well-to-ddltiveneas’?, which impresses the stranger with the idea tha the tillers of the soil are filling the till with the goodly proceeds of their labor. There are mal New York and Brooklyn families sojourning heré these warm days, and Riverhead enjoys an appre- ciable sense of the fact. The knowing visitors pat up with the farmers for the season, while the unso phisticated stop at the hotels. They teed their pad trons, as they do themselves, on very .plain Vegetables and fresh milk and butter are the chied articles of the larder relished by city folks. The dairy department is certainly “not to be snee: at.” The pasturage is unexcelled. The wheat crop is light, but oats are heavy and the corm most promising on this section of the’ island. There is good fishing in the fresl water streams which abound, and alt indulge their taste for angling. But the main attraction among the’ sporting community of Sut’ folk county is found in the Fair grounds or Agrt cultural Horse Show, at Riverhead. The track is @ fine one, and the natives talk horse from morning’ till night, and dwell with rustic pride and enthw siasm upon the exploits witnessed within tl enclosure of their equine arena. All over the east end of the island THE SMALL. FRESH WATER PONDS p abound with beautiful Milica, which peep modest! from the bosom of their watry beds as the harves' moon rises, and open their Virgin white petals to revel in the quiet and subducd shades of night, but fold their leaves and retire within themselves ag the sun rises in the heavens and casts his search; ing, scorching rays upon them. hs MATTITUCK, Me a station on the Long Island Raflroad, about twents muiles west of Greenport, is also a place of considers able note on this section of the island, and Many patrons this season. Itis located in abou! the centre of the neck of land dividing the Sou and Peconic Bay, The waters 0 elthcr Sound or, Bay being casy of access, conduces to enhance tht attractions of Mattituck as a summer resort. The! is one hotel here, but tho farm houses are the mos! popular (and deservedly so) with visitors, whom about one hundred are stopping her There are fresh water ponds in the vicinity, whicl afford pastime for such as relish piscatorial leasures, and a drive to shore on either side will lemonstrate the egg for inv: eee | baths in the saline waters, e strong minded the feminine gender find a sterling representative herein the person of the “station master,” a angular lady on the steady side of forty, who dons a brown straw hat, of the masculine pattern, dex decorated with a black ribbon lettered “station! Master.’ This lady, with @ pen behind her earand arms akimbo, was measuredly paciny latform as I was awaiting the arrival of thé estern train, when I was attracted by the re markable independence of carriage displayed by this Mattituckinness, An elderly gentleman approach. ing bid her good morning, and entered upon fala of politics 28 follows :— “How are you here on politics? All for Hot Greeley, I suppose??? “Well, now, look here, sir. everybody about Mattituck is agoing to do this tion, but for the life of me I don’t see where earth Greeley ever found the tace he has to look for democratic support on this side of creation,”’ Hav: ing thus astutely delivered her ipse dizxit thi “statlonmaster’’ turned on her heel and strode to attend to some way bills of lading. ry WITH REGARD TO THE POLITICAL SENTIMENT ;% on Long Island I find rather # diversity of. opinion existing among the democratic party as to the best course to pursue this campaign, Masterly; inactivity is unquestionably strong in favor in thé minds of many old-time democrats, In conversa- tion with ex-Congressman Reeve the other day I inquired it hi per was in favor of the re-election of General Grant. He replied that it was nob! “Far trom it,” said he; “1 have aways and ever, shall be a democrat, and my journal is thoroughl democratic. For that reason we cannot accept tus nomination of corrupt ofice-hoiders are secking oflice, made at Baltimo: of every principle which we as a p: held sucred.”” ' “Those who are not with the nominee are, how- ever, against the party, In that ¢: how can you reconcile your position with consistency 2” Jin this Ways—We propose to stand aside and aliow the procession to move on. We cannot a plaud a movement which batters down party walls | and sinks irom view the principles maintamed by the democratic party, We do not rove of the administration of Grant, but shall we ve better, of under Horace Greeley’ We have no guaran- tee that he will co-operate with uny other tha the republican pa and he will ungnestionably | ignore anything democratic, even were it couched— to use his own language. ‘anything democratic, even inits most respectavie aspeg.”’ This is what we have to expect from the aunnistration of this man, They say he is “honest,and therein Hea @ reason why he shouid obtain democratic suffrage. FUDGE FOR HIS HONESTY, J don't believe he wouid take a poc | to see who dropped it and not return it. But thora js another kind of heuestz, warich should equally regarde4’ py men_ of principle, i+ that is, of purpose. He should be consistent enovgh to repudiate the fostering care bestowed on him by Tammany and all the other corrupt tings throughout the coantry that have raised his standard and welcome hia ag “ond of the old boys" to their fold. And here ended the lesson Of an old Long island journalist and @emo- cratic ex-Congressman, who gives “ap opinion as is af opinion,” as Captain Cuttie was wont to say of Jack Bunsby’s logical couctusions, Orne reset at / GETTYSBURG SPRINGS. I can't say nd these who: in violation, ty have ever, thook were he BRAG PERE ahs Visitors om the Scone of the Immortal Field of Gettysburg—How the Time fe Passed at the Springs—Total Abstinence Compulsory. GerrrsncRG SrRiNos, July 21, 1972" ‘The rush of visitors from all parts of the country to this popular healih resort has been greater thig season than ever before. ‘The note's and boarding houses In the town and at the springs ave flied, and beds are put “up in every avaik able nook to accommodate the throng which is fowing In af steady stream to the ttle ground of Gettysburg. A newhotel has just been completed and will be opened this week, [tia near the grave where Reynolds fell, and is named after that gallant hero, It is within about three hundred yards from the Katalysine Spring, and the medicinal water will be deait out to gi huge tanks which stand in the ofice, burg has risen to the diguity of a fe ing placa, the Ntity town # nts) Sti er almost fait tivow off its lethargy and a there 1s money to be made by the exersina of ordi- nary onergy. Anew Held was fo enter- brite by the calamities 0 walle. The chonsand: Who throng to the springs du¢ing the summer ai e nee o.83 water vn hus stood nearly has bewun to rakeu te the fact that All wish to secure some Yelic of the yreat conte. there are pow in Gett | roe wi renee Telies are the stap! some of them are very readily for $15. A Qreat dual op fested Io mahetacturing artici: Trom the shois and ether RELICS FOU For my own part # pre: find my own, You ean go ram, of New ¥ lierge of Uh h uP cut enough balls from all your irtends with. nf 2 i8 that you know your tre Bid Boule es, YOU WATE the excitement or te hunt, and to my niind that Is uo arial if YESTERDAY Wit HAD for a pars of $1,200, T historte ground, but a short L trees to Nu MaTeit Grounds are a © hom the CONTINURD ON NINTH PAGE, Abstinence. Folk at } oe senate,