The New York Herald Newspaper, July 28, 1872, Page 3

Appearance of Judge Barnard in the Court Room. WHAT HIS DEFENCE WILL BE. Barnard the Victim of the System of an Elective Judiciary. THE PROCEEDINGS YESTERDAY. Saratoga, July 27, 1872, Judge George G. Barnard arrived at the Grand Union Hotel Thursday evening, where quarters had. previously been prepared for him on the second @eor of Cottage row, opening upon a piazza, and affording @ cool view of the green park and shade wees of the notel. He was accompanied by his family, and, after resting a day, and then dressing himsa@f with his well-known punctiliousness, he repaired to the court room soon after twelve o'clock on Saturday. He wore a frilled shirt anda plain black suit of summer cloth, His hair has partly turned in color, but his mustache is black, his large, blazing black eyes are as brilliant and dilating as ever, and his figure as straight ana athletic as a young man’s, His tall carriage and soldier-like address im- pressed the court; there was nothing weak, dis- pirited, or deflant about him as he entered, although he limped upon his cane, being still affli:ted with hereditary gout and its concomitant ofinfammatory rheumatism. After an illness of nineteen days he preserved all the marks of a man of extraordinary mental powers, nerve and muscu- Jar constitution, The average spectator would not have set him down as more than forty years of age. Nature gave him a handsome and dramatic face and bearing, and these, after an extraordinary vareer, he has retained, with the added gravity of the late grave period of political revolution in the city of New York. His voluntary appearance made more impressive this scene of the trial of his impeachment, already very notable in the annals of pageants of its character. Romantic and historical literature have so long attached to the idea of judges a venerable and solemn deportment, that many were provably surprised to see in one who had been fifteen years a Recorder and Supreme Court Justice those youthful qualifications which the mind most readily attaches to the soldier and the politician, “Barnard,” said one this afternoon, who had Jooked up at his entrance, “is the victim of the system of an elective judiciary; taken out of the great arcna of politics at a boyish period of life, and expected to perform with the deliveration of an English Chief Justice functions for which his buoyancy and training incapacitated him, he is now too young to begm as a Supreme Court Judge of the State of New York, and yet he has been on the bench since the date of Buchanan's election. ‘The people who declaim against him elected him to the height he fills, They must needs elect everything, judges included, and they make boys judges.” The above is the burden of talk here, and the re- Bpondent’s derived infirmities, added to this description of criticism, appear to have softened feeling towards him. The Court, however, main- tains its circumspect, unbending character, and little can be derived from conversations with its managers and attendants. The presiding officer is large and grave as ever; the managers huddled to- gether to watch the prosecution; the opposing counsel Continue their intellectual duel without a moments affectation of truce, and the Court itself, the Senate and Bench together, watch narrowly and often question without restraint. In the cool weather the court room ‘is thviting, an @Wefive hours’ session is welcomed by many of the mem- bers and attendants as @ good way to kill the day at a watering place. Lieutenant Governor Beach said last night that be thought the testimony would be all in by the close of another week. It is known that Judge Barnard expects to take the witness stand him- self about Wednesday or Thursday next. Among his witnesses will probably be Thomas C. Durant, Stokes, the slayer of Fisk, will also probably be a | witness in the early part of the week. ‘The line of defence to be pursued as to testimony will probably be adopted in accordance with Judge Barnard’s own suggestions. I am enabled, by an impartial acquaimtance with several of his friends, to state some of the points to be covered by this defence, and also the current of opinion expressed upon that side as to the Judge’s chances and his estimate of them. The respondent ascribes the whole of the present prosecution to his admitting W. M. Tweed to bail in the sum of $75,000. Tweed had already been put under bonds in a@ civil suit to the amount of $750,000, and as the criminal suit against him, which had for its object his lodgment in jail, couk imply in the indictment a misdemeanor, a larceny, or some of the ordinary forms of felony, which are commonly bailable ut from $500 to $5,000, Judge Barnard’s friends allege that he had no right io hoid Tweed, even iu the amount he did enforce from that worthy, which was the largest known for that character of offence. Prior to the injunction upon the city govern- ment which Judge Barnard granted—other judges being afraid or too “prudent” to give it—the demo- cratic faction in the city of New Yor! presented by Samuel J. Tilden, was invariably overwhelmed by Tweed, Hall, Barnard and Company's “regular” occupancy of the Wigwam. The latter gave the Til- den party no quarter, but with the vigor of ayounger occupancy read the whole Regency faction out of honors and awards. In the general rise of the popular fiood agaiust the ‘'ammany regulars Bar- nard was doomed by the Tilden party witli the rest, but his prompt issuing of the injunction closing the lid of the city treasury created a feeling in his favor which no movement could stem until he let Tweed go to bail, Then the Tilden daily democratic organ in New York opened upon Judge Barnard, por fie that this liberality with the chief of the i ing” had signed the doom of the Injunction jad e above is very nearly in the language imputed to Judge Barnard himself within a recent period. His friends point to the files of daily newspapers now vigorously denouncing him to show that the morning after he closed up the city treasury the same journals were affluent in his praise and ac- corded him the liviiest gratitude. And they ad “Here was an injunction which te public safety required and the people pray for—the same people who think it an enormous impertinence for judge Barnard to have interfered in corporations of the magnitude of the Erie, the Alvany and sus- quebanna and the Union Pacific railways, Yet the Corporation of New York was spending seventy millions @ year—the capital of the greatest rail- s—when, at the request of the same fickle million of readers and writers, an injunction of Jadge Barnard stopped the game and saved the solvency of the city! Before a metropelitan court vl the grade of his the largest cases oi Lituation in America must come, and to enjoin a raliway of the mixed character of the Union Pacific 1 and equity, no more significant than if tie interests involved were slight.” I state the above to show the line of defence ¢ sumable by the respondent's advisers, ho argue that the great bulk of the ing against him is built upon phrases tocateh the ear and wlarin he imagination; and that at last one of his mach decried injunctions saved the city New York from revolution and made him a popular hero. To resunie, as at first, Judge Barnard’ pall but compact array of fricnds impute to Mr. Tilden the | Joremost energy and direction in this prosecution, und say that it would have been of little or no avail but for his (Barnard’s) antagonisin to certain writers in the public prints, who threw open the columns of at least four oi the duily journals of New York to inflammatory editorials, which were jndited and inspired by the | beaten faction in Tammany Hall, and were intended to operate upon the new Legisiature and produce both his impeachment and disqualification. The few and immediate process of Judge Barnard’s Court which guve the opportunity tor these attacks ‘was the bailing of iweed uforesaid. Itis eaid that Charles O’Couor was not an active infuence in pushing this impeachment, but concentrates his severe energies upon Mr. Tweed's case. It is not necessary to cite the cases in hand which the respondent's friends indicate us pro- ducing the present extra judicial animosity toward him in the public press. bench to repeated denunciations of himself, and eharged want of qualification to be his censors upon those who held lum up to notice. It is certain that the antagonisms created in this battiedore and shutflecock of compliments contiuue to operate to his prejudice, in addition ro the previous difference of opinion as to the prudence or propriety of some of his judicial acts, The Judiciary Committee sppointed to investi- gate the charges against Jud Barnard are charged to bave hung until one (Niles %) was per- Auaded 10 accede, and Mr, Tilden was then beaten He replied orally from the | NEW YORK HERALD, SUNDAY, JULY 28, 1872—TRIPLE SHEET. bis a ee ion of Triving a power corporation away to another State and Pete respondent's defence in this case is that direct oath had been made as to the insolvenc; and dishonesty of the Union Pacific Com; 7, an the same was to be proved by the testimony of the books and vouchers in the safe thereof, to which the receiver was forbidden access, by reason of the oy iia who had the clue to the combination loc! ing a fugitive from the jurisdiction of the Court. There existed no precedent for opening any such safe, safes and locks the description named being of new and modern in- vention, The safe, therefore, was ordered to be opened in the most expeditious manner in order to compel compliance with the needs of the receiver; nd the precedent was boldly established that where a fugitive from justice carries away & com- bination of which he is solely informed he shall not bar access to a safe for that reason, but the safe shall be forced, Frank Blair and others attest that Judge Bar- nard, while one day in the barroom of the Astor House, said that he “had driven one set of scoun- drels out of New York, and he was go! to drive this (Union ayo set.” J said yes- he no recollection of this remark, terday that but should not deny aa, being a jocularity between gentlemen; if meaning anyt a meaning tt he had driven Drew, ik, Twee Mansfieid and the “scoundrels” who debauched the Erie road to Jersey City, where they remained till Vanderbilt compounded his suit with them. This act of his court was genefi (1 eae and in the belief of Judge Barnard the Union Pacifle Company, at the time named, were as corrupt and scoundrelly @ set as the Erie Company had been. It is said that T. C. Durant was an authority for this severe esti- mate of the Union Pacific le, and that, if he be hy} brought here he tity to the same effect As to the Albany and Susquehanna and other cases, where injunctions ited, and receiv- ers appointed upon oath {nsoivency, &c., the defence will be that tl was always left a legitimate form of appeal within the reach of the ° defendants. In the cases of Heath and Raphael especially were higher and apellate courts pen to Titigants not satisfied with Judge Barnard’s decisions, In the matter o1 the sum of $1,000, presented to a child ot Judge Barnard, he will produce in court the bank book and the bank officers, showing clearly the nature of this anpecetion, which he characterizes as “contemptible.” His wife had in- vited to the christening of @ child three days old all the personal friends of the family, and among them James Fisk, Jr. Fisk and others not | being able to attend, and wishing to recognize the invitation in some way, sent through a stranger to Judge Barnard (one Madden, | if T remember right) a bank book to Mrs. Barnard, | certifying that $1,000 had been deposited to the infant's credit, which was not to be drawn from the bank except at the order of said maie child when he should reach the age of twenty-one. “Here,” say the triends of Barnard, “is a courtesy customary among people of fair quality and pros- erity, and pertinent only to a mother and her nfant, made an article of impeachment. When Fisk directed his man to deposit this money he said, ‘Go and do this for Mrs. Barnard, and the boys will make it up! To this day the sum_ has | never been paid to the original depositor, and he is out of pocket to that amount, as he will swear and | show on the stand, And the business of the | ‘costly’ chairs, costing $500 and upwards,’ will turn out as baseless except to the suspicions of the resentful and the small!’ % Upon the head of many of the terms used in the fifteen specifications of the thirty-seventh article, Judge Barnard’s defence will be that they were uttered in Chambers and not in jormal court under. stress and despatch of business of the nature of [ieee in Chambers, which being mainly be- ween judge and attorney, familiarly require no severity of deportment and gravity of remark. ‘To make points for this impeachment, and aware of | his familiarity of conversation and repartee, the concoctors of this trial sent a stenographer to take down all that Judge Barnard might say in Cham- bers, and be ready to make oath, to wit:—Advised one day, when less than a dozen people were present, that a red-headed man was noting him at | every sentence for political ends, Judge Barnard looked up, and exclaimed, asa fly jighted on hs face:— “Lam going to scratch; put that down for the 1oist article of impeachmeénk.”” He claims that such humors, neither rare to judges nor to his long-established habits, make uj the miserable complaint of an article tantalize: out of his mouth b} rs and vilifiers. The closing of the “Which leaves Saturday at three o'clock P.My Mme to postpone the anticipation of Judge Barnard’s defence, which could have been given in the form of interviews had not sucn been proscribed by the gentlemen who had given me their confidence. The above will be interesting reading to those members of the bar and others who have been wondering what points of reply Judge Barnard might make to the articles under whicn he is arraigned. I may add that he will face this trial to the end, unless his friends be satisfied of the inflexible poli- tical composition of the Court. In that event his conduct will be decided by his own will, which he deems safer than counsel. PROCEEDINGS OF THE COURT. ‘The Court of Impeachment met at ten o'clock A. M. Thomas G. Sherwood resumed the witness stand, and his examination concerning the pro- ceedings in the matter of electing directors of the New York Pier and Warehouse Company was con- tinued. The witness said he was arrested on an order issued by Judge Barnard “of arrest without bail,” and put in Ludlow Street Jail; there had been no order served upon him previous to his ar- rest to show cause why he should not be punished for contempt; witness said he was brought into court before Judge Barnard; Lane said there was no doubt of contempt on my part, and he would leave the punishment to the Court; Judge Barnard |, asked in whose name the stock stood, and I said in | the name of Danie! Packer; Lane said he was not aware of that; I told him that he was aware ol it; Judge Barnard then said if such was the case the matter would drop; Lane insisted that I was still in contempt, but Judge Barnard said no, that there was no cause, and the proceedings were founded in error. He then discharged me. Counsel then read the order of discharge which, | however, imposed upon him ten douars costs, | Witness was asked for whom Lane voted in the election for Directors of the company, and he answered he voted for Fisk, Gould, Lane, Mortimer, Smith and others; Frederick A. Lane was one oi the Erie Directors, Cross-examined by Mr. Beach—I was elected in- Spector a few minutes after noon on the day of eleetion for directors of the warehouse company; Lane Sppsaee and presented proxies for Hamil- ton and Packer; we received THE VOTE ON THE PACKER PROXY with the understanding that it was to be consid- ered; we received it under an order of the Court; we subsequently, in violation of the order of the Court, rejected the vote; we made no application to vacate that order; the next order was to make returns of the vote; we made a report; we did not report the vote of Lane as a proxy; the next order was appointing a receiver; we did not hand over the books; the next order was an attachment for | Pct | 1 did not make any application to Judge | Barnard to modify his order; made no such applica- tion; Judge Barnard was not to my knowledge made aware of the fact that the stock was regis- | tered in the name of Packer; when he was made aware and ased ne; Lhad | A SEITLEMENT WITT LANE; concerning this matter: I was paid 23,000; {t was paid to me on account of my imprisonment; I made plogy to the Judge when I was brought before now call itan explanation; in the ordinary of the expression, I made an apology. The | witness, in answer to an inquiry by Mr. Stickney, | of connse) for the prosecution, stated that he had not time to make application to Judge Barnard to modily his first order; he looked ior him but could not find him. | To Mr, Beach—I searched for him in Chambers; I | do not recollect of looking for him in any room other than the one in which he held Chambers, Richard C, Beamish, Clerk in Chambers of the | Supreme Court of the city of New York, was sworn, | Witness was asked if he had Judge Barnard’s minutes for August, 1869, and answered that he had not seen tiem since they were in the posses- sion of the Judiciary Committee at the Fifth Avenue | Hotel; neither had he the miuutes of Judges In- | graham and ¢ Manager Niles, who was @ member of the Judi- | ciary Committee, said the books were never taken out of the possession of the witness, Mr. Beach—I left the books (some fifteen in | number) in the Committee Room, The witness was allowed to leave the stand for the present. Counsel proposed to offer in evidence the tele- grams in the Susquehanna case. + Mr. Beach said his client desired to be present when they were offered; and his health pre- cluded his presence he asked @ postponement of the matter, which was bee to. Charles Tracy was called and sworn in the matter of James Fisk, | dr., against the Union Pacific Railroad Company, | pray ag injunction against the election of direct- ors, He said—I was counsel on the part of the Union Pacific Railroad Company; suit was com- menced July 2, 1868; the defendants’ first proceed- ing was an application to remove the cause to the United States Circuit Court; proceedings suMcient, to Keep the matter alive on this application had been adjourned from time to tim A MOTION TO REMOVE THE CAUSE waa made before Judge Barnard on the 17th of De- f that fact he at once stopped proceedings | there were over thousand the injunction was served on the moi election; no votes were taken after : the was served on the tors, though over two hundred thousand had been received at the time of service; the next proceeding was the arrest under an order issued by Judge Barnard of severai gentle- men for proceeding with the election in violation of his injunction; the next step was an order to show cause why a receiver should not be Sepeeited all the proceedings were had before Justice Barnard; none of these roceeries were initiated by the Union Pacific Rantroad mpany at the time the order for a receiver was issued; Work on the road was in full operation; the expense was a very large sum daily; sometimes constructing @ mile a day. i. Beach objected to this evidence. The President rded it competent, as it might have a bearing on the charge of corrupt intent on ‘the part ‘of judge Barnard. ir. Beach argued the point, insisting that the validity of the orders is contained on the face of the Papers, He asked, in all fairness, whether the question as to the effect on the business of the company had anything to do with that of Judge Barnard’s prope issuing these orders. How could he know anything about the edect of the dis- charge of his oe Mr. Parsons if these orders were properly and innocently issued then there was an end of the case; but if they were otherwise issued then he must know it, and the case is different. He, there- fore, held that he had a right to show the effect of the orders, as well as to show that they were illegal and corrupt. It has been shown that there was an intimacy between Fisk AND THE DEFENDANT. ‘These orders are issued on application of Fisk, and if we can show that they were issued corruptly we can also show their effect. Mr. Beach replied, referring the points he had raised. The Chair submitted to the Vourt the ques- tion whether the objection should be sustained, and it was decided in the negative—Yeas, 2 (Senators: Murphy and Palmer) ; Bes, 26. The witness proceeded—The money sary, on the work was raised in New York on the credit of Justioe Barnardy ex parte: cppolnted a receivers of justice Barn: ex , appoin' a receiver; the 18th of March an order was issued authorizing the receiver, W! M, Tweed, Jr., to break open the safe of the company and take possession of the bonds, &c.; also, on the same day, a writ of assist- ‘ance was issued; when I appeared before Judge Barnard I stated that the cause had been removed to the United States Court, and was no longer within his jurisdiction; he paid no attention to my statement, but proceeded to issue his orders. During the examination of this witness counsel read the complaint of Fisk, in which he claimed to have bought large amouats of the stock of the company, paying thereior fifty-five cents on the dollar, Which was the amount paid by other stock- holders; also that the Crédit Mobilier had the let- ting and making of contracts, and the directors were stockholders in the Crédit Mobilier, and in that way large sums of the company’s money were squandered ; also other charges of swindling and mismanagement on the part of the directors. Counsel also read the answer of the directors, to the effect that the plaintiff had not paid as much for stock as other stockholders; that he tendered fifty-five per cent, whereas other stock- holders paid 100 per cent; that they had no ar- rangement with the Crédit Mobilier to build the road; that they had no connection with the Crédit Mobiller, and denying each and every charge of swindling and mismanagement, Witness proceeded—An order was issued enjoin- ing the company, among other things, from remov- ing irom the State the bonds, wh bonds were used for the purpose of constr ing the road; Judge Rosecranz issued the order Long the case to the United States Circuit Court, and Judge Bar- nard issued an order SETTING ASIDE JUDGE ROSECRANZ’S ORDER. Witness was examined at some length as to the Seer Ta in the case and as to the various or- ers issued. While this examination was going on Judge Barnard entered the Court for the first time, and took a seat beside his counsel, W. A. Beach and H, J. Reynolds, Witness also testified to Juage Barnard’s saying he had driven one set of d—d rascals out ot the State and he would drive another, Mr. Beach, previous to proceeding to cross-exam- ine the witness, read from the argument of D. D. Field before Judge Barnard in opposition to the ob- servations of Judge Blatchford, denying the motion for a stay of proceedings in Judge Barnard’s court— Judge Blatchford having expressed the opinion that one out of twenty-four defendants could remove a cause from @ State to a federal court. Counsel also read the opinion of Judge Barnard in the case, in which the position of Judge Blatchtord is also combated, and in which his action is explained and argument made to sustain it. He also read several other opinions in the case de- livered by Judge Barnard and then proceeded to cross-examine the witness. Bell was my associate; don't remember that Bell said to the that if 1 would go to Judge Barnard and ‘argue the application he would m his order; don’t recollect of my saying, ‘‘No, we will it him ;" don’t recollect saying at any time that Judge Bar- nard was a damned rascal; might have said he was a scoundrel; Ican swear positively that Judge Barnard, while on the bench,used the profanity Haya Field was examining Durant at the time. THE CONDUCT OF BARNARD. Witness then repeated his tesfimony as to Judge Barnard saying he had driven one set of damned rascais out of the State and he would drive another; he was repeating aremark he had made at the Astor House for explanution ; it was not an original declaration on the bench, but was said in answer to aremark by Durant that he had heard that he Barnard) had made the declaration, and then Barnard said he supposed he (Durant) meant what he had said to General Blair at the Astor House, and which was, “I have driven one set of damned rascals out of the State and will drive another.” Counsel here occupied some minutes endeavoring to get an answer from the witness as to whether he recite to Judge Barnard papers containing a motion. Witness said he handed the papers to Judge Bar- nard, but he was not positive but he gave them to a clerk, who handed them to Judge Barnard. Counsel appealed to the Chair for a direct answer from the witness, and the Chair directed the wit- ness to answer “Yes” or “‘No.”” Witness answered “No.” The counsel then endeavored to get an answer whether he put the papers on the clerk’s desk or in his hand, and after considerable effort got an answer that he did not know where he put them. Witness said that Judge Barnard made no further orders after Judge Blatchford finally decided the case, To Mr. Parsons—Judge Rarnard handed me a bundle of papers once and asked me if there were not some he could get rid of; there was a large number, and he wanted to know if he could not dispense with some; 1 looked them over and saw, among others, the papers I had handed in, and told him I thought he ought to keep all; Iieel certain that the papers I handed to him reached him; they were in that bundle; I never had them in my hands from the time I handed them in until 1 saw them in that bundie, The Court then adjourned until Monday at ten EIGHT HOUR TROUBLES. Mecting of the Carpenters Last Night— Enth im Among the Members. joiners held a meeting last evening at their place og rendezvous on Thirty-second street, between Sixth and Seventh avenues, About one hundred members | were present. The object of the meeting, as announced by the chairman, was to take immediate action in resisting the overbearing influence of those employers who still persist in trying to introduce again and enforce the ten hour system upon the society. upon Mr. J. C. Howe, a builder of extensive busi- ness in Gansevoort street, was thé first matter of importance questioned by the members, in reply to which the committee gave the organization to un- derstand that Messrs Howe & Co. were willing to retain their employés on the eight- hour system, and that after mature con- sideration they had resolved to withdraw their proposition of increased time with in- creased wages, on account of the substantial poss given by the society to the men on strike. in subsequent reports it’ was an- nounced by some of the members thw men were working ten hours in the shops of Mr. Herman, Fourteenth street and Ninth avenue; also in Messrs. Smith's, in Broadway and Forty-seventh street; and in Townsend & Davis’, 103d street and Broad. way. Enthusiastic references were made to the absorbin; power of the milis at work in different localities, which, it was affirmed, cut out a great share of labor from the society. Resolutions were finally adopted suggestive o. the necessity of influencing ten-hour men to leave their employers and look for | assistance to the treasury of the soctety. Short, pithy addresses were made by four or five of the members, all of whom expressed themselves desir- | ous of upholding the eight-hour league under any circumstances. A considerable share of enthusiasm characterized the entire meeting, which lasted for some two or three hours, AQUATICS IN NEWARK. A three mile race over the Passaic River at Newark took place yesterday between the Tritons, @ club of Newark amateur rowers, and the Mystics, a club of New York and Brooklyn youths, and was won the Tritons, The time was 23m. 238., that of the Mystics being 23m, 33 3-68, The banks were lined with ctators of both sexes, who took a deep interest In the oarsmen. On the river also were several t its decorated with bunting and loaded with are ae The course was ps bee, of Clay street to the Woodside boathouse | the success of the meeting, notwithstanding the | Rowan’s, on Ninth avenue; in’ Sluker's, | The amalgamated society of carpenters and | horse Beary, YACHTING. The Ocean Race for the Challenge Cup. The Rambler, of the Eastern Yacht Club of Boston, the Winner. THE RAOE SAILED IN FORTY HOURS. The schooner yacht Rambler arrived at the light- ship yesterday morning at 7:59 and won the chal- lenge cup. During the race from Brenton’s Reef lightship the Rambler experienced some very heavy weather and proved herself a thorough good sea boat. The Rambler rounded Brenton’s Reef at 7:38 on Friday morning, and immediately hauled close in the wind, After making a short stretch to the eastward she went in stays and lay her course for Montauk Point, The Madeleine at this time was about two miles ahead, but not increasing her lead. Off Point Judith it began to blow pretty stiff, and there was & nasty sea running. Shortly after pass- ing Point Judith the Rambler CARRIED AWAY her flying jibboom, but the crew succeeded in sav- ing the sails, It was now blowing a gale of wind, and after clearing away the wreck they made all things snug and kept on, close hauled for Montauk Point. At 9:50 they sighted the Madeleine about one mile distant on the lee bow, under four lower sails and maintopsail. After making a couple of tacks came across the Madeleine standing to the eastward and passed to the windward of her. Both yachts now had as much as they wanted, but were making good weather in the ugly chop sea. ‘rhe Rambler was carrying the four lower sails, maintopsall and maintopmast staysall. Shortly after, at about 11:45, caught a severe rain squall and lost sight of the MADELEINE in the strict atmosphere. The ) saccpn a home was not very pleasant, but in the afternoon the wind hauled round to the northeast, nearly dead aft running their course. After sunset the wind went down and they tossing idly in a calm for some time, bat finally ¢aught a breeze and passed Fire Island light shortly after three o’clock A.M. The Rambler passed to the southward of the lightship at 7:69, having made the race in forty hours. The schooner yacht Rambler was built in 1871 for Mr. James H. Banker, of the New York Yacht Club, by Beckwith, of Providence, and sold early this spring to Mr. James M. Forbes, of the Eastern ‘acht Club of Boston. The Rambler was sailed in the race by Captain Crocker, who has been in com- mand of her since she changed hands, assisted by Martin Lyons, sailing master of the Dauntless. The challenge cup goes to Boston, and will remain there until the Rambler is defeated over the same course by some yacht whose owner may have the CrP soa and pluck to challenge the present older, Yachting Notes. The schooner yacht Wanderer, Mr. Louis Loril- lard, left her anchorage in the East River yester- day morning, and went through the Narrows in the direction of Sandy Hook. The sloop yachts Meteor and Bella sail a match race for $1,0000n the 3d of August. This match is creating considerable excitement among the owners of small boats, and a large sum of money will change hands on the result. The yachts of the Atlantic Yacht Club start on their annual cruise on Saturday, August 3. The schooner yacht Coiumbi: ir, Lester Wal- lack, of the New York Yacht Club, is coming East. The schooner yacht Rambler, Mr. J. M. Forbes, of the Eastern Yacht Club of Boston, the winner of the Challenge Cup, passed through Hell Gate yes- terday, bound East. The annual cruise of the New York Yacht Club will shortly take place. The yachts will rendezvous on August 13, Rear Commodore Franklin Osgood wilt be in command, Yacht Dauntless, N.Y.Y.C., passed Whitestone yesterday, on a cruise eastwards. HORSE NOTES. The roan horse W. H. Maze, belonging toJ. H. Robinson, of Poughkeepsie, was sold last week to A; Patterson, of New York, for $10,000, The horse is six years old, of good size, and very fast. He was sired by Morgan Mott's Independence. Thomas P. Wallace's trotting horses Henry, Triumph and George started for Buffalo on Thurs- day last to participate in the sports which com- mence on August 6. Joseph Harker's trotting mares Gazelle and Lulu left yesterday for Buffaloin charge of his trainer, John Lovett. The probable starters in the 2:25 purse at Buffalo will be H, W. Genet, Judge Fullerton, Lulu, J. H. burke, Triumph, Nonesuch, Susie, Sea Foam, Mo- hawk, Jr., Derby, Rosalind, and, maybe, one or two others that have been kept in the shade, waiting for a chance to win a large purse as the beginning | of a turf career. Mr. Humphrey’s magnificent chestnut geiding Judge Fullerton has been in training at Prospect Park recently in charge of Dan Mace. He has been doing very well while there and will now be sent to Buffalo, It will take aclipper to beat on the 9th of August, and the one that does so will be very apt to win the $10,000 prize. An elegant piece of plate, valued at $1,200, to be run for at Mobile in the spring of 1873, over the Magnolia course, by three year old colts and fillies, mile heats, is now open for nominations on the following terms:—Subscription $50 each, the asso- ciation to add $500 to the second horse if there are twenty-four subscribers; if not twenty-four sub- scribers, the second horse to receive what is over the value of the plate; nominations to close on the ist of August. There were ten or twelve sub- scribers at Saratoga the week before last, and there isnodoubt that a dozen or more will be made before the day of beat George Hayner, of Schagticoke, says the Pough- keepsie Press, bourht ahorse of a gentleman in ‘Troy for $360 a short time since, and a few days since took the horse to New York and offered to sell him for $450, without success. While driving on one of the avenues he had a brush with a 2:49 horse and beat him, and found that his horse had great speed. He finally sold him to Mr. Flannigan Jor $4,500. The latter subsequently sold it to his partner in business, the owner of the celebrated for $30,000. The horse goes by the and has trotied in 2:27. estnut colt, two years old, by im- name of Geo! Springbok, pore Australian, dam Hester, by Lexington, has been purchased by Mr. 0, M. Bassett, of Mr. D. Swigert, price not made public, Springbok goes Into Colonel McDaniels’ hands to be trained for his engagements, he being in the Kentucky Stakes at Saratoga, aud the Nursery Stakes at Jerome Park- He is also engaged {pn most of the great three-year, old events néxt year. A trotting match has been arranged between the mares Annie Watson, owned in Pittsburg, Pa., and | Bella Patterson, of Oil City, Pa., for $10,000, the The report of the delegates appointed to wait | | of a the week following the Bella has a record | match to come off at Cleveland, Ohio, on the 13th puttalo races, where both mares are entered. of 2:30, and Annie Watson o The staying qualities of the latter, however, are said to coun- terbalance any difference in time. Bott mares are heavily backed, and a close contest is louked for, Itis the intention of Mr. Wright, the proprietor of Mystic Park, Mass., to give a fall runuing meet ing, provided the owners of running stock Will | being as complete a8 on any ocean steamsinp | e agree to fix upon the time to suit themselves, ‘Those who entered their horses for last year's fall | mecting expressed themselves as favorably im- pressed with the Park and its surroundings, and of lateness of the season, If the can be arranged to suit a majority of owners there is nothing to | prevent a first class meeting. Midday, bay mare, five years old, by imp. Eclipse. dam Ninette, by Revenue, was sold at Suratoga by Major T. W. Doswell to Mr. Lewis, of Montreal, Canada, for $2,000, Major Doswell will handle and run her at the August meeting, Long Branch, for Mr, Lewis, Frank Ross, chestnut colt, four years old, by Daniel Boone, dam Sigma, by Epsilon, was soid b; Cuptain William Cottrill to C. J. Alloway, Montreai, Canada, The price was not made public. RACING PROSPECTS AT MONMOUTH PARK. + The following are a list of the horses at Mon- mouth Park on Thursday last :— John M. Clay's—True Blue, Logan Bruce, La Gi- tana, Normandy, Ginger, Zebadie. Joseph Donahue’s—Lord Byron, Blind Tom, Mary Hennessy. Dr. Cattenach’s—Dennis Burns. John Boughran’s—Hamburg, Gerald, Jamesburg, Sorrel Dan, C. P, Coyle's—Experience Oaks. W, Cottrill’s—Saucebox, Sweepstakes, Magnolia. John Harper’s—Littieton, Platina, Extract, Ex- press. H. P. McGrath’s—Susan Ann, Bazine, John Doe, Jury, Richard Roe, Tom Bowling, Zeb. Ward’s—Commerce, Cynthiana, two-year-old Asteroid colt, John F, Chamberlin’s—Lord Jersey, Mary Con- stant, Brennum, Wheatley, Venetia, Em. Robinson, uni two-year-old, Py yy a Henrietta, Vic- Hee, Metoes, Walker, T. W. Doswell’s—Winesap, Midday. R. W. Walden’s—Lochiel, two-year-old, by Lex- ington, Aerolite. three-year- C. Franklin’s—Gorlitza, bay colt os by Lexington, Nevada, Arizona, filly, by xington. wie Bacon’s—Chestnut filly, by ape tn W. R. Babcock’s—Doctor, bay filly, by Bay Dick, Nellie, Ransom, Ethel Sprague, Helmbold, Con- ductor, Ransom, Hampton. Mr. Alcock’s—Dolorosa. Francis Morris’ stables arrived yesterday, and gaa Lioyd’s and M. H, Sanford’s will be there on jonday. James A. Grimstead, with stables from Kentucky, and Mr, A. Keene Richards will be there on Mon- day. ‘Sirigoree stables arrived yesterday, G. W. Hunt Reynolds’ were looked for yesterday afternoon, besides several others, During the mane ting there will be an additional handicap race, mile heats, best three in five, to be called the Schell Cup, for a magnificent punch bowl, presented by Mr. Richard Schell, The club house on the track 1s entirely finished, and has a splendid restaurant attached. There is much talk about the four-mile race on the last It is thought that Kingfisher, Littleton, Monarchist, Alroy and Susan Aun will art. The Schell Cup will be run for on Tuesday, the second day of the meeting. LOITERINGS AT LONG BRANCH. President Grant Gives lane Monday—Un- faithful Railroad Trains—The Coming Races. day of the meeting. LonG BRANCH, July 27, 1872. With the exception of the old story comprehend- ing the fulness of the hotels, the coolness of the weather and the luxurious excellence of the bath- ing, there is very little to be said about the Branch now. People here literally “loaf away their time in @ very pleasant, though anytning but profitable, manner. It is the last place in the world where the notion of doing business would occur to one; yet a very thriving business, and a good deal of it, is being done every day by those who come here specially to bathe. The price of everything is simply astounding—quite enough to take one’s breath away. If, in your simple innocence, and laboring under the hallucination begotten of your recollection of New York's not extremely MODEST CHARGES generally, you ask the price of a brandy punch or a paper of pins, you will be very apt to mistake the answer forashort “dig” immediately under the diaphragm, If the reader be wealthy enough to ford it, I advise him to come along to Long Branch, where he can really get enjoyment in ex- change for his money; butif he be poor, or not absolutely rich, let him go to Cape May or Coney Island. The evening train from New York, which arrived here at six o'cl P. M., brought an immense crowd of excursionists, who came down to stay over Sunday and do “the swell thing” for one brief hour ortwo. ‘They have crammed themselves into all the hotels, and are compelled to put up with “shake-downs” in all sorts of impossible corners and out of the way garrets; and some, I believe, are obliged to sleep in the Uttle pagodas on the cliff over the strand, If “the wee sma’ hours ayont the twal” to-night should prove as cool as they did last night the beds in the summer houses will be a good deal like THE PANTS OF MR. BRIAN O'LINN. I went up to the railroad depot thi vening to see a friend off on the six o’clock train, While waiting there for the arrival of the cars from Phila- delphia J amused myself with looking over one of the New York evening papers. My attention was at- tracted by a very trutiful but bot suffictently indig- nant letter from some resident of Staten Island, who wrote to complain of the inconveniences he was made to suftel the failure of the railroad authorities to keep faith with the public in the mat- ter of time, The writer appeared to be dreadfully annoyed because = the train =which was advertised to leave Long Branch at five minutes past six P. M. and reach Sandy Hook in time for the boat to arrive in New York at eight o'clock, did not start before seven, 60 that he could t to Gotham before nine. He said, very cor- , too, that this was not only a usual, but the reguiar occurrence, Had he been on the train this evening he would have seen an exception to that rule, It is @ positive fact that the train advertised to leave this place at five minutes past six o'clock left precisely at half-past eight, so that the passengers must have got to New York last night about half- past ten instead of eight o'clock. The railway officials say that the Philadelphia train had got off the track and thus occasioned the delay; but surely those trains can’t be getting off the track regularly at sundown. The President leaves here by the ten o'clock train on Monday morning next for the ‘northern limit of his jurtsdiction, The trip is entirely of a private and personal character, having no connection with or bearing upon political or public affairs, Generaf® Grant simply wants to visit an old personal friend, who resides on one of the Thousand Islands, about three square miles tn extent, and owns the propert: he lives upon. After spending @ few wecks wit at prepa spare from the duties of his office to the disfigure- ment of Horace Greeley’s politicai head. The coming races form the chief to of gossip and discussion here at present. Mr. Richard Schell’s Magnificent punch bowl will be run for on the second day (Tuesday, 6th proximo), and conse- fides the chief interest centres on the running that day; mile heats, best three out of five. The bow! is now on exhibition at the West End Hotel, and is truly a splendid production of the jewelle: art. On Friday, the last day, some famous horses will go over the course—Kingfisher, Littleton, Monarchist and others, Some first class sport is anticipated. Yon Conkling left here last evening for New ‘ork, THE NEW STEAMSHIP CALEDONIA. fe Scat The Latest Addition to a Great Ocean Line=Dimensions, Machinery and Ac- | commodations—The —Steamships Come—New Monarchs of the Sea. The latest addition to the immense ocean feet of the Anchor line, the Caledonia, arrived in this port on Tuesday last, and since then has been visited by hundreds curious to observe the march in the improvements of sea-going vessels and in naval architecture, A few years ago the Caledonia was only asecond rate ship, but a year since her own- ers conceived the idea of rebuilding her, putting | the vessel on a footing with the first that sail into the harbor, They carried the idea into eflect, lengthening her FIFTY FEET AMIDSHIP, making the vessel 320 feet long, 36 feet beam, 20 feet 7inches depth of hold, and of 2,900 tons, old measurement. Not only was she rebuilt in length, but her accommodations and appointments were | Improved upon, and to-day she rates second to no | ocean vessel in the matter of security and comfort | at sea, The appointments throughout are of the ; finest nature, the saloon in its arrangements t in advance of many vessels of tne line, exceptlag | the few Otted in the most luxuriant style. | MIRRORS ARE ON EVERY HAND, | panels, done in oak, are relieved with delicately | painted bouquets, while a small library and piano | are attractions not to be passed by with a glance, | ‘rhe same care observable in fitting the saloon is | noticed in the STATEROOM APPOINTMENTS. ‘These are ninety in number, and every one has | sofas, chairs and tohet basins. The berths are | commodious, and none can complain of want of | room, a8 roomy rooms are all over the craft. Be- | low the lady passengers have a private room, large | | in size, and on the promenade deck they ha | sar artment, where they | main until fatigued, unmolested, Electric sare in every room, and hot and cold water are obtained | at & moment's notice, these improvements really ‘The | ACCOMMODATIONS | ry ample, provisions being made for over ired passengers, and their apartments le than usully observed, and so ar | atloat, most perfect ventilation is bathtubs and all conven health of these passengers lave bee! | tuily provided. THE MACHINERY voth in the matter of engines and | 1 of the most improved char- | are of the compound principle and the boilers new, affording a pressure of sixty- | five pounds of steam to t square inch. Indepeu- dent steam fire and bilge pumps are on every deck, | and steam winches are used in discharging aud re- | ceiving freight. On THE PROMENADE DECK accommodations are numerous and very pleas- ant, comprising smoking rooms for the gentlemen and retirigg room for the ladies, ‘The latter is | particularly pleasant and deserves especial men- tion for its size aud the comfort it invites, | of the Caledonia, bollers, 18 new, | acter. | The engi THE OFFICERS of the Caledonia are:—Captain, David Ovenstone; | Chief Officer, John Craig; Second OMcer, James | Neish; Third, Robert Innes; Surgeon, Francis McBean Stewart; Purser, John 8. Campbell; Pirst be Charies E, Bulmer, with four assistants. ‘he Caledonia is the third new vessel put on the Anchor line this year, ‘The first was the Olympia, then the California, and now the Caledonia. Another steamship, the Victoria, nas been launched, and is expected here in about six weeks. The other steamships now bt ay are the Castalia, Italia, Utopia, Ethiopia and the Bohvia. The Anchor Company have now over forty vessels running be- tween this port and Burope. Durig the last week the Anchor line has had five vessels in port and loading al } and crimson and red plush furnish the settees; the | 3 THE JERSEY MIDNIGHT RAIDERS. A COMPLETE HISTORY OF THE RAID, The Story as Told in the Courts—Violence, Threate and Destruction of Property—Policemen Change Their Numbers and Join the Raiders—Interesting Details of the Fertilizing Process. The following affidavits will be read with interest not only in Jersey City, but in every part of the country where protection to life and property is regarded as the precious inheritance of American citizens. The only circumstance fortunate for the raiders who visited Communipaw a few nights ago and smashed machinery is that they did not succeed in breaking the steam pipe, although they had nearly succeeded, A little more perseverance and one" half of the midnight visitors would have been scalded to death :— THOMAS J. HAND'S AFFIDAVIT. ‘Thomas J. Hand, of full age, being by me duly sworn, on his oath saith that he is secretary and superintendent of the Manhattan Manufacturing and Fertilizing Com- pany, @ corporation of the State of New York; that the sume is an incorporated company for the manu- facture of fertilizers trem blood; that their manu- story is situated at Commanipaw, in Jersey City, N.J.; that on the night of the 17th’ day of July, A. D. 1872, their said manulactory was entered, and “a eat denl of machinery was wilfully broken’ and in- and a quantity of gearing was destroyed, broken ure and injured, which’ machinery and gearing were the property of said company. Atid this deponent RD WILLIAM KRENRY THREATEN to do injury to said company, and this deponent believes that said Keeney was one of ‘the parties who broke, in- Jured and de d said machinery and gearing an sisted in sald breaking, injury and destruction. THOMAS J. HAND. Subscribed and swan to. this 20th day of July, 1872. Ancu, K, Brown, Master in Chancery. AFFIDAVIT OF JOHN LEARY, John Leary, being duly sworn on bis oath, says that be is the night ‘watchman of the Manhattan Manufacturing and Fertilizing Company; that about one o'clock on the morning of the 18th day ot July inst. he was watching the factory of sald compan: having heard some noise, he went to the outside of the building, when he was suddenly seized and ‘4 COCKED PISTOL PLACED TO MIs MEAD, and he was told that unless he opened the doors of sald factory his brains would be blown out; that this deponent. opened the door and that the person who seized him then entered, leaving deponent in the charge of two police- ‘men ; that one of the men who threatened to blow out de- ponent’s brains wa: ck setman, whom deponent has since heard was ISAAC B. CULVER; that this deponent was kept between two policemen, or men dressea in polic es, for an hour; While so kept & prisoner this deponent hear ‘and breaking of those who had go factory; this de- ponent alxo saw the said parties throw over the boxes on wheels in which the blood 1s brought trom the abat- toir to the bay; that this deponent heard one of the parties say that they would come some of these fine nights and clean out the abs that this depon heard a man whom he has been informed snd believes was Mr. William ¢ e the breaking of the build- r ut then they would be ing down, saying t KID OF THE DAMNED THLNG; that this deponent also saw some of the’ said parties re- moving part of the belting of the factory; that while this de vas so held as pr v dl all shi n that night; 1 rently a leader of the party, was Benjamin Van Keurey JOUN LEARY. Subseribed and sworn to this 22d day of July, 1872, at Jersey Cit rs N. Davis, dustice of ihe é. A VIT OF CHARLES MALLINSON, Charles "! fol tl July inst. the place fi when he vas about clo ing or the ‘night heard some parties talking with John Leary, the night man ; he went out and saw some ont, on Lea- ent ut a cocked pis- o ry’s refusal t tol to the hea unless said Lear ; that he there saw Benjamin m_ Keeney others enter the buildis said Keeney then he t to ake pist ‘rod ol little engine; that he then ordered a man by the name ‘ot Murphy to break the wheels | to the blood box, which Murphy did; i helped to eut down the belting and by t longing to tl 40 tank saw others at the same tin off the slides and throw the the river, break centric rod of the zine, the steam valve, the connecting rods belonging to 1 off valve of the large engine. break two pulleys und damage the pipes and a creat de other damage; ‘saw them break the wheels of the bl boxes, and saw them throw two of them in the bay; that this deponent heard said Keeney sn SET THE DAMNED BUILDINGS ON FIRE and that will be the last of it, id Van Keuren then said, “Yes, that will be the bi 3 that this deponent hasbeen with sald company since ‘it commenced, and never during that time has it In any way created a nuisance. CHARLES MALLINSON. ‘Subscribed and sworn to this 2d day of July, A. D. 1872, at Jersey Clty. Jauxs N. Davis, Justice of the Pe THE waRRant. Upon the foregoing aMdavits Justice Davis issued warrant and it in the bands of Constable utton. The warrant sets forth that ‘William Keeney did wilfully and maliciousty, with force and arms,” enter the said premises, and did then and there “break, destroy and injure the machinery and gearing.” The constable is directed to appre- hend the said William Keeney that he may be dealt with according to law. i Constable Hutton, when asked if the arrest had been wiade, replied that he could not find Mr, Keeney, although the latter spent a great part of the aay yesterday, ashe does other days, at his ofice and in the neighborhood thereof. The con- stable, on being informed that Mr. Keency was in the city. pidaee that he would “have him the first thing on Monday inorhing.”” The papers will be transmitted to the Grand Jury. 18 THERE A NUISANCE ? | The following is the affidavit of Mr. Hand, om which the Chancellor granted the injunction. It | will be found to contain interesting details regard- | ing the process of transforming blood into a fer- tiliz on his oath saith that he is Secretary the Manhattan Nanofacturing aud complainant in said bill men- nts oF said bill, as tar as they re- late to the acts of this deponent or of said company, are true, and so far as they relate to others he believes them depouent further that itt busi first paragraph In said lease and agreement sey Stock Yard and Market | Company and the Manhatian Manutacturing and | tizmy Company: that. the blood of the slauzhtered a | ere eon the New J at dt betw malsat the abattoir did run into said ‘and that an injunction was obtained, against tl New Jersey Stock ¥ any as mentioned in said bil of the blood was a great exp ty that complain [unt did conmence business’ and have continued | trom said month of Octover, in the year 1370, without any pmplaint trom any one, exc pe the notice mentioned th suid bill: that nid compla‘nant ited, annoyed and hindered tn their work, as imentic 1 bill, tothe knowledue of this deponent, for ‘ason there stated; that said complainant did tle a bill in this Court,’ as ment oned in said bill, and that said injune- tion Was gran.ed as therein mentor hat pwid bill contains a true copy of the notice served upon Henry M. Owens, the foremait of the complainants, on the 28th'day leo Jane last that Be wn Keuren is the Street Comm sion laiuns to or t | | | | Inter-house once in ar hours; it ix then taken and poured into there heated with steam for about it fs let out of the boiler in xed with common salt or suiph uently it is baked about thirty ards mixed with hone charcoal aid acid; that | fs no stne!! coming from tl oiling or bakin blood or mixture of ble salt or sulphate ol hi that itis generally abou 1 tre RED AND DESTROYED, as menti «aid bill, and believes it Was dona by said Van Keuren; and this deponent believes that he in- jury done will exceed $300), exclusive of damages to business . that this deponent was served with & notice that served on # Dwens, ax cited in by Benjamin V. en, who came to dcponent’s office, by Willian Keeney, and the eat’ Ke tened in violent ls ze that if the actory were neighborhood it shouid be burned: not moved fre jt edt and believes that the said Kee: id dollars of apitel stock of the mpany: and tur: ith in regard t fiewation made ana served upon that our me a lishment for th rting of bones aud flesh of aniinals into manure,” that there NEVEIE IAS PERN ONE POUND OF DONE of char: wh es on the premis er, other than blood from the ab premises, THE BJ. A yeribed before me, th Kl day of y City. uly, J. Gannics, Master in Chane PFPIDAYIT OF HENRY M. OW RNA, . maketh oath and said, ry of the Manhattan and yay has o pie ant Re "10 pigs, . are slaughtered at’ the ce ‘in ench “day; that sant hogsheads placed to catch the blood rom the slaughtered ammals, and it is nto ‘on | boll ers or tanks of said om any within eight hours after the anmmal Is slaughtered; that since this deponent has been with said company it bas not taken or used im its said factory any part of the antmads slaughtered ex, cept the blood ; 16 process of converting said blood into a fertilizer this cause, and teen for that purpose by satd company. or on thelr premises; that ho smelt. is. elimi fated at said factory that can be distinguished ai tect trom the bulking: that neither it nor the busi- hess at said factory carried on is in any way a nuisance; that no complaint was ever made to this deponent, nor to eponent’s knowledge to any one else that the same ance. HENRY M. OWENS. Subseribed and sworn to this 28a day of Juniy, A. D. 1872, atJersey City, before me. J. R. Hanbexacnei, Master in Chancery. : CHILDREN'S EXCURSION. PHILADELPHTA, July 27, 1872. Nearly a thousand poor children, with their moth- ers, and nurses for the infants, started on a free excursion this morning to Rockland, in East Fair- mount Park, A band of musicians accompanied them. The subscriptions for a series of excursions of this character amonnts to over $7,000,