The New York Herald Newspaper, August 17, 1872, Page 8

sean AEE Gontinuation of the Argument for , the Prosecution. —_—_—_—_—— JUDGE VAN COTT’S SUMMARY. — Peviewing the Erie, Susquehanna and 3 Pacific Mail Litigation. FECT OF DARNARD'S mnsonctions Counsel's Demand for the Mild Punishment Provided by the Constitution. m SanaTooa, August 16, 1872, | Phe Court Met at ten A. M. Thirty-five members Were present. ARGUMENT FOR THE PROSECUTION. Judge Van Cott, of the coursel for the prosecu- n, resumed his argument at the point where he ft off yesterday, criticising the orders issued in Nyce case restraining the Erie Railroad Oom- pens tom transferring the stock belonging to the stockholders. ‘The counsel then took up the order issued on the day, appointing a receiver of that stock. Respondent's counsel said that Judge Barnard, dis- vering an error on his part, made in the order of 6 22d of June, restraining the transfer, revoked fhat order on the 23d and tasued another. How was it, if he discovered an error on his part, that he repeated the order and increased $ts enormity by adding to it the appointment of a receiver? Mr. Beach replied that the second order ‘was issued npon new facts presented. Mr. Van @ott said the counsel was continually falling into Rrror concerning these facts. Judge Barnard did not revoke his order of injunction, and proceeded fo state that the first order was issued in March, and following that there were two or three other orders, \ On the 22d of June there was a stipulation that there was @ mistake as to violating the injunction, ‘and proceedings were stopped as to contempt. re was no revocation of the order 3a alleged on Judge Barnard finding that he had made an error. The counsel then weferred incidentally to the case in which Judge Barnard issued an order to show cause in ‘the Union Pacific Railroad, returnable at a certain future day. But before the arrival of that day he Assued another order ex parte, appointing a re- ‘weiver, thus seriously interfering with the constrac- tion of a great transcontinental railroad. Return- Ing to the case in which the order was issued, utting the stock of the Erie stockholders in the Ponds of @ recelver, the counsel referred to the {verification of the complaint made by James Fisk, * Jr, and complained that it was entirely in- jsuMfictent, He asked if it was legal and Proper to dispossess @ man of his prop- ay simply on the knowledge and belief ‘of another man. The counsel then referred to ‘the effort made to have the $6,000,000 of stock reg- istered so that 1t would become marketable after jt was released from the injunction, and asked why Fisk and White secured the order restraining its Fegistration. Some one hada motive for this act, ‘and who was it? We find Judge Barnard making this unlawful order to prevent the registration, and im all these orders there was no cause, but, never- ‘theless, they were issued, and, by a manipulation on the part of Jay Gould, THREE MILLION DOLLARS OF THIS STOCK WAS / ACTUALLY STOLEN, ‘Bo the evidence shows, and we find that 60,000 shares are locked up; are put in the hands of James H. Coleman; for what purpose? Why, that they should not be voted upon. And what is the result? Are they not voted upon * When the election time arrives this James H. Coleman goes to the office and voter these shares for the Erie party. Was this not a part of the little scheme entered on? Then the cbse, by order of Judge Ingraham is carried, the alsgrace of the State, into the United States ar J Blatehford then made an order takin; this 6 ont of the hands of Coleman gnd hand- ing !t over to itsowners. But what was then done? Why, the counsel for Fisk appears in the Court with #nolice discontinuing the suits which had origi. nated this litigation. Why discontinue these suits if they meant anything besides simply seizing on the books and stock for a certain purpose? Could the rties to these suits not obtain justice in the United tates Courts? Then, on the 26th of February, Rob- dmson was appointed receiver of all the stock held ye foreigners In this country, and on the complaint of Fisk the date to this order is made in such @ way as to cover the proceeding in the United States Court. Where was the sincerity, then, of discontin- mance of the suits? Messrs. Evarts and Southmayd, shrewd lawyers as they are, fell into the trap of this discontinuance of the suits. They thought the pro- ceeding was a bona fide one, and yet ere Mr. Swan could go from the court room to the office of his lawyers he was served with the order appointi! Robinson receiver. Now, said counsel, Judge rnard knew this trick. He was fully aware of it. It was such conduct as this that he has been guilty of. He bas outraged fi! law. There was another ‘ant circumstance this connection. On the 17th of September he issued an order making these various orders 8 Special Term order. “He knew all about these or- ders, and yet he made this order which was disas- trous to the interests of the owners of this stock and dishonoring to the judiciary of this State. This Robinson was in close intimate association with Fisk, Gould and Barnard, He was in a position to borrow money from Gould. He borrowed money from Gould for Barnard, who says he borrowed it from James H. Coleman. Now, can @ judge borrow Money from his suitors? And the fact 1s that three days before Robinson was appointed receiver he was told by Fisk that he was to be appointed, HOW DID FISK KNOW THIs8 ? Was it not known then that there was to be a enap appointment of a receiver as soon as the matter reached the United States Court? The counsel then passed to the case of the Union Pacific Railroad, criticizing the validity ofthe claim of Fisk to the possession of any of the stock of that com- any. Fisk claimed to have paid a certain price for The stock, whereas he had not paid the price en- Utling him to it. But that was not the question Here He claimed that this was not @ case for an injunction: the ae was abundantly able to make good any claim he might have against it. But what reason was there in this case, or in any of the others, for an injunction inter. fering with the election of directors? He asked if a voter, believing that Tweed, Sweeney & Co. were unfit men to be elected to public office, could tan injunction from any Court restraining an eclec- jon on that account? Counsel asked then if there was any conceivable reason for the issue of an in- Junction on the complaints in these cases, which were ea ‘to such @ complaint as he had Bu erring to all these orders, he asked Mf they were merely accidental and without purpose? th i) poy of this order id TWEED A RECEIVER, which stopped work on a road completion, under the requireme! wit @ certain time. ‘toy child waid counsel, that the object of this sult was to coerce the company into the demands of James Fisk, Jr. What wi it Mr. Bell said to Judge Barnard? He said ‘ou intend to force us to submit to Jim Fisk?’ Why, said counsel, such ® remark addressed to one of this Court ‘would be a monstrous and intolerable ingult; but Eye Barnard it had the effect coy to make him and release, just a little, his hold on Mr, , Cisco. unsel then referred to the effect of the orders on the financial affairs of the company. Ite bonds, before the orders were issued, sold for ps and Papal | fell to about 65. It had on hand ai the time some $10,000,000 of bonds, and the loss suf- fered was enormous.’ He asked if a judge had the right to strike such disastrous blows at the inter. ests of our citizens, and with his eyes wide open to their effect? Counsel then discussed the effect of the orders in the case of the ALBANY AND SUSQUBHANNA RAILROAD company and the authority for them. He contro- verted the necessity for these orders and showed that the complaints could have been answered by other legal proceedings. What these parties to carry an election, and ary to get ssion of the "to ree at in the hands of a This was the first step. Then the, neede: to get possession of the books, and all this in order that the parties could steal possession of a railroad, Counsel then proceeded to_ consider the Pd Ae ; ae fo iweukes Enrons, a harged Judge Barnard wit etrating @ grea outrage in issuing the onder he aif, &un- gel tated the circumstance of the case and pointed out what should have been the proceeding, showing that Judge Barnard had no jurisdiction, And yet, what happened? Why, Judye Barnard appointed a receiver on a bond of $250, as security, executed by a non-resident of the State. What se- curity was this for interference with an important and Wealthy Company, whose raliroad runs through three States of the West? Jt appears that Shafer SF: wanted, sald counsel, Wi es NEW YORK HERALD. SATURDAY, AUGUST 17, 1872—WITH SUPPLEMENT. H | : tion of whit! ary audge bernard if Fe i fi i 3 ao 3 Z 3 affairs was ruinous to them, ani be done to relieve them; hence this order must be in order that the advance in the price of the stock should be checked and a decline secured, And all this was done on a sham sult, based on a $500 bond. Counsel then considered the case of the LEASE OF THE OLYMPIC THEATRE, and after stating the which was that the re- ceiver, through an order issued by Jus leased the theatre to his son-in-la pace when there were higher offers, and one b; ewe? Williams of $20, Here, said counsel wi 5 pee ot & tee ace a8 @ chancellor, whose any & ‘was to act to the best interest of in- fants, mal ig an order by which these infants were deprived of some $30, for the lease was for threo years. Counsel then ex- waned the allowance fhade by Judge Barnard in the case of Shephard inst Thompson, Tighe & Duff, which allowan: counsel |, Were @x- tortionate. Counsel alluded to other cases of like character. 1 then detailed the case of the trars arrested on a charge of false tration corpus, sal counsel, Was issued by Judge Barnard, made returnable at hia house at @ certain hour the same evening. The elght men arrested were brought there, and Judge Barnard in his testimony id, it being a ri and maddy nate he ordered that the men show not come into his house, into his Sones but be kept waiting in the street. The return 18 passed up stairs, some conversation is had over the balusters and the return is passed back again with a dis- charge written on it and the prisoners are set free. Counsel then considered the PACIFIO MAIL STEAMSHIP COMPANY case, where Judge Barnard sent an order to that Sombane snay unless a certain amount of money is aid by Monday morning he would imprison them rcontempt, Such an order was entirely without the authority of law. He had no right to make use of any such threat. Counsel then glanced at sev- eral other minor panes in the charges, and which he presented with much clearness and force and proseedea to speak in general terms of the case. claimed that the prosecution had established all the charges made against the respondent, and calied for the full sentence provided for yas con- stitution, This the people demanded; the people who had seen their highest office degraded. They will not be satisfied with the mere removal of this judge to be in re-elected. He wanted the judg ment of the Court to be @ logical judgment. He wanted the full measure of the mild PUNISHMENT PROVIDED BY THE CONSTITUTION inflected. Never, he said, was a judgment more anxiously waited for by the people than this. He referred to the precedents in England, where the punishment of Judges, much more severe than our constitution provides, had had the effect of stop- ping impeachments ‘there. On his concluding here was aogihone which was promptly checked by the Presiden’ On motion of Chief Justice Church, the Court then went into private session. The debate in the pri- vate session of the Court, which lasted nearly one hour, before the recess, was on the question of @ stenographer present to take the discus- sion and proceedings had on the final action of the Court, it being proposed to have the remainder of the proceedings in private. The question was not settled at the time o1 tak- ing the recess. THE PROBALE VERDICT. The Court sat in secret session from two to three P. M, and from five to fifteen minutes past eight P. M. and then adjourned, to meet in secret session at ten o’olock to-morrow morning. The secret is well kept, but it is generally understood that aftera good deal of discussion a verdict of guilty was given on several articles, The final verdict will probably be published to- morrow. THE COURTS. SUPREME COURT—CHAMBERS. Decisions. By Judge Barrett. In the matter of the estate of Moses Aaron, de- ceased.—Motion granted. E. 8. Inness vs. Raymond 8, Perrin, et al.—Writ of assistance granted. The People ex rel Osborne et al. vs. A. 8. Coady.— Motion denied without costs, COURT OF GENERAL SESSIONS. Close of the August Term—One Hundred and Thirty Prisoners Disposed of—Pro- fessional Burglars and Garroters Sent to the State Prison by Judge Bedford. Before Judge Bedford. The first case called by Assistant District Attor- ney Fellows yesterday was that of Samuel Allen, who pleaded guilty to attempting to enter the store of Archer & Jacobson, 124 Fulton street, on the 15th of July. He was caught {p the act of breaking the glass and stealing umbrellas, ud Redford, in passing sentence, sald that the officef informed him that several attempts were made to burglariously enter stores in Fulton street, and notwithstanding the statement of counsel that the prisoner was never charged with crime before, it was a strange coincidence that since his arrest the attempts to break into stores have ceased, For the seoteesie of storekeepers His Honor said he would send Allen to the State Prison for two years and six months, Boy Burglars. Thomas Kelly and Charles Rubel (boys) pleaded guilty to breaking into the lager beer saloon of Louis Goldsmith, 286 Fourth street, on the 15th of July. They stole a pocketbook containing $1. His Honor sent them to the Catholic Protectory. Two Professional Burglars Sent to Sing Sing. George Watson and James Kirby pleaded guilty to an indictment charging them with burglariously entering the shirt manufactory of Clafiin & Co., 41 Thomas street, on the 30th of July. Mr. Fellows said that this wasaciear case of burglary. The prisoners were found concealed in Claflin & Co.'s premises umler circumstances that clearly indicated they went there to steal. Burg- lars’ implements were found with them. Kirby stoutly denied that he had ever been in the State Prison, but the officer produced @ witness to prove that Kirby was an ex-convict. Judge Bedford, in passing sentence, said he was convinced that ‘they were professional burglars; but in view of their pleading guiliy and saving the Court the trouble of a trial, at the District Attor- ney’s request he deducted three months from the entence. They were each sent to the State Prison for four years and nine months. Acquittals. Jane Maguire was tried and acquitted of a charge of grand larceny, Owen McNabb asserting that on the 28th of June she stole $106 out of his pocket. The jury were not satisfied with the complainant's story, and rendered a verdict of not guilty. Gustav Lael was tried for stealing $46 from the till of Joseph Schultz, 173 Ludlow street, on the 6th of this month. The jury gee the boy the bene- fit of a doubt and discharged lim, Assistant District Attorney Fellows then an- nounced that he had no more cases to present to the jury during the present term. Discharge of Petit Jury— Remarks of Judge Bedford. Judge Bedford, in discharging the jury, sald:— Gentlemen—The August Term of this Court closes to-day. 1 cannot separate from you without re- turn to each one of you my official thanks for your fidelity to the people's cause, notwithstanding the and excessively hot weather we have had for the last ten days. Your verdicts, without exception, have all been characterized with a wis- ~) @ fairness and impartiality truly becoming a petit jury. You are now discharged from further attendance, with the congratulations of the Court. During the August term there were 180 prisoners dis} of, among whom were thirty-five burglars, who were convicted and sentenced for terms from five to twenty years in the State Prison. There were also thirteen garroters, who were sentenced for terms of from seven to fifteen years in the State Prison at Sing Sing. The balance of the calendar was made up of indictments rn sneak thieves, pickpockets, shoplifters and felonious assaults. The fearless and determined stand taken by Judge Bedford in dealing out the full ity upon: every convicted professional burglar will, no doubt, have a tellin, ct and will prove most gratifying to householders who may now be temporarily absent from the city, The severe but just punish- ment inflicted by the Judge Ue garroters will also certainly have a salutary eflect and will prove & protection to the law-abiding citizens who may happen | he Lg oe oy inion f. ie Gourt bet ¥; “=| lay, the 2d 0} mber, Ju 0. Presiding. 4 eee BUBGLARY NEAR SCRANTON, A Gang of Thieves Half Murder an Old Farmer and Steal All His Money—T'wo $500 Bonds 8 Pirtstow, Pa., August 16, 1872, Early this morning a party of six men broke into the house of Newman Brown, at Marcy's Station, near Scranton. They dragged Brown out of bed, one of the party exclaiming as he broke the win- dow of the room, ‘You damned old miser? we will not smother you.” The burglars rifled the house of the old farmer, and after leaving him insensibie fecemipes with $1,200, among which were two $500 nds. It is expected the thieves will present the bonds for sale in New York. Brown ls noi exvected to sppears before Judge Barnard, Whom he dads en- ; recovers A YELLOW FEVER “DEADLOCK,” The Spanish Ram Numianeta Stil Anchored in the Narrows. PUBLIC OFFICIALS ON THE “SHIRK.” Does Anybody Know Anything About Lower Bay Anchorages ? THE HEALTH OFFICER ON HIS METTLE, * No New Cases and But One Addi- tional Death Reported. New York will be astonished this morning to learn that the Spanish yellow fever frigate Nu- mancia, which was to have been piloted at noon yesterday from the Narrows, off Staten Island, to a safe but more remote anchorage in the Lower Bay, remains at present in the position she has occu- pled since Monday last—in the Narrows, opposite Olifton. ¢ In accordance with the order of Pilot Commis- stoner Blunt, the commander of the Numancia had steam up all day yesterday, took on board a supply of fresh water and provisions, and removed the ship's guns forward, 80 as to lighten her stern and put her on an even keel, and at one o'clock, the appointed hour, was ready to proceed to the Lower Bay anchorage. Until five o’clock the great marine gladiator was blowing off volumes of steam through her safety valves, with everything taut and trim for a voyage through the drenching rain down to the Southwest Spit; but no pilot came, and no tugboats, as promised, to convey her on her intricate passage. About that hour, however, Pilot Gillespie, the same oficer who brought the frigate into port, reached the Quarantine station in the tugboat Starbuck, and called upon Health OMm- cer Vanderpoel with the statement that he (Gilles- pie) had been directed by the Pilot Commissioners to report to the Health Officer for orders in refer- ence to the Numancia. Dr. Vanderpoel at once replied that Commis- sioner Blunt having assumed the responsibility of atating that THERE WERE SAFE ANCHORAGES in the Lower Bay for the frigate, he would decline to order the vessel to sea unless the pilot had instructions from the Commissioners as to the location of such anchorage, or unless the pilot would himself assume the re- sponsibility of selecting an anchorage and con- veying the vessel to it. As soon as some mem- ber of the recognized navigators officially assigned the place and furnished the pilot he would at once order the Numancia to quit the Narrows and pro- ceed to the newly appointed berth. If Gillespie ‘was so instructed ne would give the necessary or- ders for her removal at once, but he would assume no responsibility which he was not justified in ac- cepting. Gillespie stated that he was entirely without any definite instructions om the subject. He understood that the Board of Pilot Commissioners had virtually rescinded Commissioner Blunt’s order for her re- moval, or had declined to take any action ratifyin, it, and that he (Gillespie) could not single-hande assume the responsibility of taking her down the bay to an ancho: where disaster might, in his opinion, result to the vessel. Dr. Vanderpoel replied that under these circum- stances he could do nothing, and shortly afterward Gillespie again went aboard his tug and proceeded to the Numancia, lying about two miles distant, to inform her commander that THE VESSEL WOULD NOT BE REMOVED Jast night, and that he would communicate with him again on the subject to-day. Having finished this business, Gillespie returned to the city, and, as & It, the Numan lies’ to-day' where sfle was lying yeste! It is understood that Commissioner Blunt suggested two places in the Lower Bay at which, in his opin- ion, the Numancia might be anchored—Gravesend Bay and the Southwest Spit. With reference to the first of these Health Oiticer Vanderpoel gave it as his opinion that it was from a sanitary point of view one of the most di rous places in the har- bor, for the reason that the tide setting into the bay would be likely to carry all refuse matter thrown from the garrored vessel with it. In this way every one of the HUDREDS OF PERSONS who daily bathe at Coney Island and along the shores of the bay would be subjected to the risk of infection by personal contact with er refyse mat- ter in the water, and returning to New York and Brooklyn might spread the dread disease in all djrections in the heart of these two as well as other adjacent cities. ain, portions of this waste matter drifted to the beach might be picked up by fishermen, boatmen and others, and the infection thus communicated to the various parts of Long Island. This was merely an opinion based on possibjiities, if not grave probabilities. The other place the pilot condemned on two grounds— first, because @ northeast storm, a very probable occurrence, would put the steamer to very great risk at her moorings, as there are but thirty-five feet of water there, presenting the alternative of jutting to sea or moving to her former harbor, a jangerous peepee without an experienced pilot, who would be unwilling to expose himself by residence aboard a fever ship. Commissioner Blunt was not present at the ofices of the Pilot Board yesterday, and it was re- ported that his absence was owing to iliness, Commissioner W, C, Thompson, who was present, declined to accept the responsibility of selecting an anchorage for the frigate, but he gave HIS OPINIO? to Pilot Gillespie, as follows:—"My opinion is that the Numancia could be anchored safely in Graves- end Bay, or moored three-quarters of a mile east of Buoy No. 11, being at least one and a half mile from the nearest point on Coney Island, where she would ride in safety. There is no other place where she would be safe except in the Southwest Spit, where she might be moored in thirty-five feet in low water, but would be much exposed in a heavy easterly gale.” Gillespic had obtained this opinion before visiting the Health Officer, but as it was only an “opinion” and not an instruction he could not avail himself of it. In conversation with & HgRaLD reporter the Health Ofticer expressed himself in antly at the shirking conduct exhibited by the Pilot Commis- sioners. He satd:—“I am placed in charge of the sanitary jurisdiction of the port of New York, and I am not expected to understand the navigation of the bay and harbor. That is # separate and wholl distiact profession from mine, and my proper ad- visers on the subject, if advice is needed in urgent cases, are the Pilot Commissioners and their agents and officers, the pilots themselves. This frigate las on board OVER FOUR HUNDRED SOULS, Am I to jeopardize their lives. by ordering the ves- sel to an anchorage of the fitness of which I have no knowledge whatever ? et pd Isay to Gilles- pies ‘Take this vessel down and anchor her off the uthwest Spit;’ and after he has taken her there to a bar or bank by an easter!; careening. The fault of or- sition would be mine. No, nsibility which lam not expected to assume, and it is too grave a subject for me to interfere in when I am not properly authorized to do so, lam seney at any moment, out of deference to the public anxiety on this question, to order the Numancia to any place which the Commissioners direct, or to any place which any duly licensed pilot 1s willing to point out and assume Tespon- la “ oe a a bic as ber not 8 Hy any Of the legitimate duties of m - tion, If the Pilot Commission anirk thetrs the uestion ilies between them and the public. I will do this, however, with regard to the public interests:—If the Commissioners do not to-morrow (to-day) send me a properly instructed ilot I shall visit pilotboat No. 18, a vessel which I ‘now to have a crew of competent pilots on board, and see ifI can geta man from among them who will undertake to locate the Numancia In the Lower Bay.” in this ition, therefore, the matter rested last night, and to-day will bring out the fact, probably, whether the Numancia is to remain in the Narrows or not. The matter has served very strongly to AWAKEN A SUSPICION in the minds of the people that neither the Pilot Commissioners nor the pilots as a body know as much as they should know about the hy raphy and topography of the hay, and there will be a chance for the next Leglsiature to give thema shaking up on the subject. THE FEVER VESSELS, There were no new cases of fever reported yester- day from the Numancia or fhe three other yellow fever vessels now in the bay, and the patients gen- erally are doing well. reported as José bind sbe is driven on gale and capsized b; ering her to an unsa! sir, isa res José Servet, previous!; an ordinary seaman of the Nnmancia's crew, die at five o’clock yesterday morning at the West Bank Hospital. Servet was admitted to the hospital on the 13th, and was twenty-three years of age. His body was buried at Seguin’s Point yesterday. One other man of the Numancia’s crew was not ex- pected to live during the night. Dra. Vanderpoe! and Mosher express the belief that the disease has done its worst, and that no new cages Wil be developed frou the vessels LOW ip port, | gregated in the Club House wore a | expressed roundly their dissatisfaction at the con- SARATOGA. The Reign of Fashion Not To Be Disputed. RACES POSTPONED. The Most Brilliant Month of the Grand Year. SanatoGa, August 16, 1872, No wonaer the habditués of Saratoga have unani- mously voted this the most brilliant season within their memory! No wonder the gossips cry out as with a single voice, “Good heavens, what a crush!” How so great @ multitude can be packed away in a place so small is one of those problems that only the caterers of the great caravansaries can happily solve. Time was, and that only last season, when the obliging hotel clerk, that fabulous creation of a gushing fancy, would, with an imperturbable smile and an air of lofty commiseration, order you placed in an elevator and shot to No. 999, first floor under the roof, Now, one registers and a little slip of paper with the name of some villager and a numper representing the room you are to occupy in the said villager’s domicile is handed to an ebony waiter, who, at an uncertain period of the day, when he has leisure, will show you round. The upper story of nearly every business place in the village has the shadow of one or the other of the great hotels resting upon it. Apartments of any kind are at a premium, and telegraphic despatches are received at intervals of afew minutes during the entire day, ordering rooms reserved. When, then, in addition to the unprecedented rush during the present month, the great influx of persons desirous of witnessing the races is taken into con- sideration it is not dificult to form some adequate idea of the state of affairs here to-day. SOENES AT THR HOTEL OFFICES. Some of the scenes at the hotel offices are in- tensely comical. Imagine a pompous old gentle- man entering the door with a severe, almost fierce, ene at those whom he may chance to encounter, ut witn sufficient uncertainty in his step to show that he is not quite at home. He has a rubi- cund face and close trimmed white hair, and he is plethoric, with “good fat capon lined.’ He wears a fob chain, with heavy seals and broad gold keys. Evidently in his place of residence, wherever that ne be, he is @ man of great dignity, as he is assuredly of great weight anywhere. Here, how- ever, Reco who catch his eye return his glance with the same gall and Api i he has managed express, or oftener treat him with half-conscious Indifference, so that by the time he finds himself standing at the counter waiting the pleas- ure of the clerk he has experienced more humilla- tion and descended to a lower level in his self-ap- yeaa than he would have believed possible. vith what an humble air he communicates to the nonchalant clerk his modest desire to secure @ room! How aghast he looks when informed that in all that great pile there is no space he can obtain even for half an hour, if only to change his soiled, travel-stained apparel for ‘iar ces in which he will be more resentable! And how limp and disheartened ie Sypeere as with head bowed down he follows a dusky guide to some re- mote “cottage” or up @ narrow staircase to the second floor back, over a druggist’s, grocer’s or shoemaker’s. Such scenes are of con- stant occurrence, and prove that e' Saratoga, with all its dissipation and gaudy display, teaches here and there a healthy lesson of humility. WINGLESS ANGELS DRESSED IN GAUZE are always in order here, but are particularly plen- tifnl just before the races especially, when, as was the case last night, there are hops at half the hotels, Down the shadows of the street they went flitting all through the evening, appearing here and disappearing there, till in the constant evolu- tions of color from the swa: drapery of every hue that caught the lamplight, they ap- peared’ like fragments in a great Henin a Be- ween Congress Hall and the Grand Union, the lazzas of which were bathed in brilliant they passed in endless pee conan or elab- orate toilets. It is one of the peculiarities of the place that ladies seem to imagine it is not at all necessary for them to be attended anywhere, either in the day or evening, and they run about with the most perfect freedom and abandon. Were they aware of the character of not a few of the elegantly dressed men they meet upon the prome- nade here this week, the fair creatures now so con- fiding and unsuspicious would certainly be over- whelmed by # temerity as marked as is their present fearlessness. CHARACTERS IN THE CARNIVAL OF FASHION. Sitting upon the balcony of one of the hotels last night, as the endless processions of fashion surged bye one familiar with the famous among Gotham’'s characters could hardly repress a laugh at the manner in which they from time to time came to be mixed up in the multitude. In close proximity to a broker would often appear the face of the confidence operator, or a pickpocket would stand leering over the shoulder of a member of the Legislature from the Manhattan districts. Worse thau all, pretty girls, innocent of everything save the ga’ cee of the piace, passed continually in the neighborhood of a group which regarded with wndisguised interest, central figure of the gathering evidently being an approach tq their {4get fp Bare. This man, who comes here to spend his ill-gotten gains, is the notorious proprietor of a New York bagnio. It is well when these characters are strewn about promiscuously and on eytry hand that the eye of the observer can from time to time light upon the blonde mustache or black side whiskers of one or two famous Central OMice detectives, to say nothing of brave Phil Far- ley, Who looks about for familiar faces from habit, ee been here some days with Mrs. Farley at the asprin, Comm lore Vanderbilt, who generally attracts the lion’s share of curiosity and attention, had to divide the honors in the evening with Senator Doo- little, or Wisconsin. MORNING HOURS AT THE SPRINGS. Early this morning crowds of ladies and gentile- men were at the springs, the largest gathering, as usual, being about the Congress; and many were the remarks made in deprecation of the threaten- ing aspect of the sky, which gave unequivocal signs of ruining the sport on the race course. DISAPPOINTMENT. In fact, a fine drizzling rain began at about haif- past eight o'clock, and at ten the races of the day were authoritatively postponed till Saturday. Fash- ion reigns, and Mr. John Morrissey, who has great respect for the ladies’ toilets, will pertinaciously ine sist upon a fair day to a good track. THE POOL SELLING last night was brisk, and this morning parties con- Joomy air and duct of the waterman, THE MURDEROUS “MOLLY MAGUIRES,” The Ambush Villains Still at Large— ‘Webster's Critical Condition—Seventecn Buckshot in His Body. POTTSVILLE, Pa., August 16, 1872. ‘Tne would-be assassins of George W. Davis, John Webster and four other miners, who were fired upon from ambush at Centralia on the 14th, are still at large,and no clue has been obtained to their identity and whereabouts. Webster, who had been left for dead, was found several hours afterwards still alive, but in a critieai condition, He was fred upon seven ties, ind has Soa tcat brcketeet to hls ly. A FATAL FIGHT, BrrpeRToN, N. J., August 16, 1872. An affray occurred yesterday at E. Davis & Son's hotel in this place while the excursion party of the Fame Hose Company, of Wilmington, Del., was at dinner. A man named Sweeney had a dimculty with a walter of the hotel, when George Davis, one of the proprietors, interfered and was struck by Sweeney, receiving injuries from which he died last night, Sweeney was arrested. COMMODORE MAOOMB'S FUNERAL PHILADELPHIA, Auguat 16, 1872. The funeral of Commodore Wilham H. Macomb took place yesterday afternoon, and was attended by @ large number of naval and military officers, COMMERCIAL COURTESIES, Cnrcaao, August 16, 1872, The Davenport Board of Trade, at a meeting yes- terday afternoon, appointed a committee to act in conjunction with a committee appointed by the City Council to receive and entertain the Board of Trade, merchants and other prominent gentiemen of Cincinnati, who are to visit this city about the 20th of this month, THE ALLEGED SWINDLING DETECTIVES. Nathan King and Edward T. Cox, the private de- tectives who procured from Mrs. Mary Bergen, of 1,002 Atlantic street, Brooklyn, jewelry of the value of $1,000, under pretence that they desired to have it in their possession for safe keeping, were taken before Justice Hogan at the Tombs, yesterday, and committed for trial in default of $1,000 bail cach, King stated that he did not know how the property was taken from the gafe and Cox said he had “nothing to Bay,’ Eee ea The Day of Fighting Soon te Be Named— An Incident or Two Connected With the “Little Difficulty.” The interest in the sporting world continues un- abated in the matter of the Mace-O’Balawin fight and at the headquart:rs where intelligence can be obtained regarding the movements of the pugiliste and the progress of the arrangements for the final settlement of the little dimiculty, there ere frequent inquiries of what has been done and when the meeting in the ring will really take place. It is certain that the backer of Mace is desirous of having the matter of which 1s the better man set- tled at omce, and the job got of his hands. To this end he has been work- ing zealously since his return to the city, and last evening it looked as if the stakeholder or his representative in Philadelphia would to-day name the locality where the pugilists are to meet. According to the rules of the prize ring, im case of interference by the authorities, this must be within a week after the original day set down for the encounter, and thus but little time can be lost in the mapping out of preliminaries. Necessary secrecy will this time be majntained as to the location, and should this resolve be fully car- ried out the fight will take place, Mace went to the Highlands yesterday morning and at once settled down to the old work required to keep himin fix. He was weighed upon reach- ing his quarters and found to be about the same in avoirdupois as on Thursday morning at Baltimore, There were many amusing incidents connected with the short sojourn of the sports and their hang- erson in Baltimore. Some of the residents of the Monumental City were glad to take them by the hand, and were boilin, over with eagerness to witness the bruisers at their bloody work, while others shrank from their presence, and on Calvert, Baltimore and Fayette streets would cross over on the other side rather than meet them, and more than a score indignant residents were heard to exclaim, ‘That's one of the* buffers,” During the morning of Wednesday several of the respectable sporting lads that did not wish to sail down the Chesapeake Bay in company with the rougn gangs that intended to take passage on the regular boats, sent two or three reliable men out in the Patapsco River, where numerous tugboats were puffing up and down, with a view of chartering one of them for “a little fishing exour- sion.’ Three hours were passed on the iver ina small boat under a terrific brain-boiling sun, but the charter party were unsuccessful. of all the boats “tumbled to” the “fishing excur- sion,’’ and one old veteran in the service, aiter hi had been stopped by the lads wAo wished to char- ter him, yelled in perfect rage, “What! Charter ry boat? No, sir, not you, nor any oF er gang of New York pickpocket’ thieves can gel is The tugboat chase was continued after this little incident, but with less hopes of success, and at last was abandoned in despair, although ‘the men sent aiter the vessel are not sanity discouraged. Yesterday afternoon there stalked into the place of business uptown of a noted first class sporting gentleman a quiet looking man, decently attired, carrying in his hand @ carpet-bag big enough to hold clothes sufiicient fora journey to the Pacific and return. Gently tossing it intoa corner he asked for the proprietor, and being pointed out to him, quietly approached and whispering in his ear, the man of the carpet-bag said :— “T belong in Massachusetts, sir; I never saw a prize fight, ana t went down to Baltimore to see Mace and O’Baldwin have it out, Can't you tell me when they will fight 9? Proprigror (laughing)—Why, I don’t know any- thing about it, VisiroR—Oh, here, now, come, tell a fellow. I want to see this thing, and when I came away I took $55 with me; have only got $10 left; will that be enough to go to the fighting place ? PROPRIETOR—Why, I can't tell you. Vistron—They sald you knew, and if you'll ony let me know I'll stay around here until it comes off. PROPRIETOR (alarmed and looking at the carpet- bag big aga aT ty) I have heard they may go to New Orleans, VisiTOR—How much will that cost ? PRopRigToR—Oh, some four hundred or five hun- dred dollars. ae (sadly)—Then my $10 will have a poor PROPRIETOR—I should say 60. _ VISITOR—Well, come; do tell a fellow, won't you? Now, what would you recommend me to do? ‘Had I better stay here or go home? PRoPRIETOR—Oh, you want advice. Well, just take that little carpet bag of yours, jump into a Grand Union depot car, and go to Boston on the first train. It’s the best place for you. Visitor (cogitating a moment)—I'll do it; and he clutched his carpet bag and sailed out of the Place, as il impelled by a battering ram, no doubt mentally resolving that he had been a big fool. It is safe to say that the Massachusetts man won't be at the fight, Pugllistic Excursionists Disappointed. ForTRESs3 MonRogk, August 16, 1872. Five steamtugs and two schooners, with passen- gers, assembled at Cone River, Westmoreland county, near the mouth of the Potomac, to witness the fight between Mace ond O'Baldwin yesterday, but, after waiting until nearly noon they re- luctantly left the scene for their respective homes, intensely disgusted with the principals. About five hundred persons were in attendance from Norfolk, Richmond, Alexandria and Washington. MURDER IN NEW JERSEY. —-——_— Fatal Result of a Butchers’ Quarrel at Milltown, Middlesex County—Verdict of the Coroner’s Jury. At Milltown, a village in Middlesex county, near New Brunswick, N. J., @ fatal affray took place a few days ago which has occa- sioned considerable commotion. in the sur- rounding country. It appears that on Monday night last, towards midnight one Louis B. Stark, a resident of the village, and a German by birth, got into an altercation with a countryman named Mathias Wurtzile, also of Milltown, a butcher by occupation, during which the former sustained injuries from which he died on Wednesday afternoon, An inquest was commenced on Thursday before Justice Dobbs, of East New Brunswick, the jury being selected from the following :—James C, Edmonds, foreman; John Hoffer, Isvael Lutes, Henry Labar, Saiuel A. Bell, Okey Van Hise, Anthony Scott, George King, John Christ, Conrad Sebolt, John Fisher, John Arms, George Reeder, Samuel B, DeHart, Jacob 8. De- Hart, Philip Kuhithau, John Wagner, George Hof- fer, Wilson Housell, Charles A. Reed, DOCTORS AGREEING. Dr. George J, Janeway, the physician first sum- moned to attend the dying man, gave a description of his condition. The man’s death, in his opinion, was caused by injuries recently sustained; that is, the injuries ‘were the immediate cause, though the chronic inflammation would have caused his death eventually; the injuries hastened his death; in witness’ opinion the injuries could have been sustained by salling from a window; there were external marks upon his hack; there was some swelling on the small of his back but no discoloration of his skin; there were no external marks of recent injuries, and don’t think they could have been produced by being knocked down and {praped upon, To Justice Dobbs—Asked deceased if he knew how he had been hurt; understood him to say that i was knocked down In the road; Q asked thi he swelling of the bowels, an some ori i) said he wag Jumped upon on Tuesday, Dr. U. H. Voorhees corroborated the testimony of his brother physician. He doubted very much if death would have been caused by the injuries re- ceived but for deceased's chronic disease, The in- juries hastened death, witness thought. Philip Schlosser sworn in—Saw Stark on Tucsday morning, when Stark told him that the one who injured him would have to pay for it; he rald it Mathies who did it, he thought; he had knocked him down, Louls said. This witness said there was another Mathies living m Milltown, Yesterday considera- We more evidence waa taken showing that there were others engaged in the quarrel than Wurtghe and Stark, THE VERDICT. After all the evidence was in the jury duly de- liberated and found @ verdict as follows:—'That Louis G. Stark came to his death by injuries re- ceived oa the night of the 12th of August, and that Mathies Wurgthe was accessory to his death.” The accused person is now safely lodged in the New Brunswick Jail, to await the action of the Grand Jury. Other arrests may follow, THE SEVENTEENTH STREET WIFE MURDER, Coroner Keenan has deferred the inquiry into the murder of Catharine Flanigan, of 405 East Seven- teenth street, by her husband, Mark—full details of which appeared in yesterday's HERALD—until he can inquire more fully into the mental condition of the murderer. The circumstances lead him to be- eve that Flanigan is @ lunatic, and he had re- quested the medical staff of Bellevue Hospital, where the prisoner ts confined, to examine him as to his insanity. Until their report 19 made no In- quest will be held. THE OAPTAIN OF A SCHOONER DROWNED, The body of James Hynes, captain of a schooner, was found in the North River, oif Hoboken, yester- day. It is supposed that he fell asieep on the poop and when awaking became confused and tumbled overboard. He resided at Port Owen, N. Y., where he leaves a wife and fanijly, The body is now ip charge of Coroner Paralow at Hobokem ‘The captains | | THE SEAWANAKA IN DISTRESS. An Alarming Accident to a Sound Steamer Below Whitestone. ? Narrow Escape of 800 Pamengere—Heroic Ac> tion of the Engineer—Resoue by the D. B. Martin, THE BOAT WITHDRAWN FOR THE SEASON; The favorite Sound steamer Seawanaka 1s dis’, abled for the rest of the season. Her saloon ana: upper works are completely torn out, and it ig only, by the mercy of God and the presence of mina of the engineer, Edward Meeks, that the HeRaup tay saved the painful duty of to-day recording another, disaster similar to that of the Westfield. The Sea- wanaka wasa companion steamer to the Arrow. smith, and plied daily between New York and Kos- lyn, L. I, taking in Whitestone, Baylis’ Dock, Great; Neek, Sands’ Point, Glen Cove, Mott's Dock and Glen-. wood and Roslyn on the way. She started daily at four P. M. from pier 24 East River, and during the Summer months she has taken up from three to. five hundred persons every afternoon for the sev- eral places along the Sound between this city and. her destination. The Arrowsmith has taken the, morning trips up, carrying the chief part of tl freight required for those places, and returning, from Glen Cove about four o’clock in the afternoon, The Seawanaka returned the following morning,’ leaving Roslyn at 6:45 A, M., with transient pas- sengers for the clty. It will thus be seen that the’ Seawanaka was a favorite and alfvays bore a pre- cious freight of human souls, night and morning. Yesterday, while our city merchants and business, men were sipping their coffee or reading the HERALD, or, perhaps, riding down town to thelr, stores or counting rooms, liitle thinking that there, was but a step between some of their friends and death, the Seawanaka, A LITTLE BEHIND TIME \ on her cityward trip, was pressing her way along from point to point to get to her dock in good sea- son and to maintain her reputation among her, patrons as a fast sailer, She had left Whitestone, her last calling place, and was between that village’ and Riker’s Island and nearly opposite West Farms, with about three hundred passengers on board, when a bissing sound was heard as of steam escaping; then a crash, and flying pieces of wood and iron aroused the passefigera from their mirth and their morning meditations over the latest po- Ntical bulletins and warned them that danger was near, and ina moment they might every one be hurried into eternity. The horrors of the West- fleld disaster passed like a mirage before their minds, and every man ran hither and thither to escape the failing débris which might crush him in an instant. The in- tense anxiety of the moment was heightened by the dense cloud of steam and smoke which covered the deck and hid from their view the real condition of the boat and their own real danger. Fortunatel, there were comparatively few ladies on board, an these were promptly cared for by the gentlemen. Some of the most excited of both sexes ran at once to secure iife preservers, and in the midst of the confusion & crash was heard, and the large mirror standing at the end of THE SALOON WAS BROKEN IN PIECES, » and the saloon deck was forced apart by the steam, lant, who sought this way of escape for himself.’ laving secured the lite preservers it was with great dificulty that Captain Post and some .of his men could restrain and persuade them not to jump overboard. It is sald that in the excitement some of the ladies leaped from the upper to the lower. deck, and many gentlemen lost their hate and satchels overboard. Two or three elderly (as men fainted when the confusion was at its height, and one bewildered pemenaer deliberately de- tached a valuable gold watch from its chain and threw it into the water, The engineer, Mr, Edward Meeks, ond Mr. Ben- jamin Hicks, one of the directors of the steamboat company, were sitting in the engine room at the time of ‘the accident, and were both thrown vio- lently through the door upon the deck of the vessel by the shock of the falling ale ‘The engineer, on regain! ng his feet, at once be- came conscious of the tmminent danger of an ex- ptt and with great presence of mind rushed pack into the room, opened the valves and allowed the steam to escape. By this timely precaution @ terrible disaster was ayerted. Mr. Meeks imme- diately thereafter ran on deck and assured the pus- sengers that there was no further cause for alarm, as an explosion was impossible. CAUSE OF THE ACCIDENT. fer pile were then set on foot to account for the accident, when it was ascertained that it was caused by the el of the belting by which the fa rod was attached to the walking beam, hereby letting the piston rod fall with great force upon the cylinder, crushing it badly, aud 80 allow- ing the steam to escape, it is reported by some ersons who were on board that the piston rod, epee off also. The main crank was also torn and twisted out of shape and broken in several places. The damage to the vessel was confined principally to the machinery, and the upper _suloon and the hull received but slight injury. She will not, however, be able, it is said, to resume her trips this season. : Fortunately for the passengers they had not jong to remain on the wreck. The steamer D. Martin, which runs daily between New York and Bayville, was passing at the time, and her captain promptly came to the rescue and took off the Sea- wanaka’s passengers and brought them in safety to this city and landed them at the Seawanaka‘s pier, foot of Peck slip. Not one was in the least de- gree injured, so far as could be ascertained. Among the prominent and WELL KNOWN GENTLEMEN ON BOARD the Seawanaka at the time of the accident were Sebor Roberts, the Spanish Minister, who is resid- ing at Great Neck; Mr. Pouvert, of the same place; Charles A. Dana, from Sand's Point; Mr. Barbour, from Glen Cove; ex-Mayor Hlayemeyer and lis son, Mr. Ed. jorgan and Mr, itehell and others from the villages Vg the Sound. The pas- sengers, thankful for the deliverance, and ap- preciating the presence of mind and prompt action of the engineer of the Seawanaka, whereby they escaped a terrible death, made up a purse of 3600 for him, It is sald that had he delayed but halt a min- ute the boiler would bave burst, and the passengers would have been blown into the alr and into the water, and most of them undoubtedly would have perished. The steamer Nevesink has taken the Seawanaka’s place for the balance of the season. ‘The latter will go into the dry dock for a thorough overhauling and repairing, and next Spring will be ready to resume her place on this line, ARRIVAL OF THE STEAMER, About five minutes after the explosion the J. D. Martin came up with the injured vessel on the port side, and in less than five minutes all the passen- gers were transferred, and the Seawanhaka short! after ten was taken in tow by a@ tug. She arrive ateleyen o'clock at the foot of Tenth street, and occupied a berth on the south side of the dock out- side the coasting steamer Perry. Ag soon as pray cable all hands were ordered to OLEAR AWAY THE WRECK, and hoisting tackle waa soon placed in position. The reporter found a large vacuum in the cylinder, which measures fifty inches, with a ten fect stroke. It was cracked in several long seams, and t broken pieces of the piston rod head and large part of the side had fallen to the bottom, It seems that the strap of the connecting rod had snapped on the forward side, and been dashed with considerable violence agalust the panelling of the engine room, shatters ing a large mirror on the reverse side and scat- tering the. broken i J over the saloon for a dis- tance of several feet. The broken strap rebounded from the panelling and lay on the upper frame- work between the deck and the walking beam. Proceeding further forward the reporter found the AIR PUMPS in a completely wrecked condition, the two links being broken and the fire plate smashed in several laces. In fact, all the castings were broken, with he exception of the fire plate, and were it not for the presence of mind of the chief engineer, who let off steam from the safety valves at imminent risk and threw the engine out of gear, the piston rod acting under the momentum of a speed of cighteen knot® an hour, might have crashed through into the boiler and caused an escape of scalding steam, THE DAMAGE done could not be calculated at present with much certainty, but as all che valuable castings are #0 damaged as to be worth nothing more than their weight In old iron at least $25,000 must be expend- ed to put this splendid and powerful vessel ip working order, THE CAUSE was erroneously attributed, on the first Intelli- ence oe the city, to the breaking of the belting by which the piston rod was attached to the working beam. On the contrary, as before Stated, the crash was due to the giving away ofthe connecting rod at the other end, thereby allowing. the pistom-rod to come with full force into the cylinder, and as no resisting power was exerted by the crank, the head crushed through, tore away the bottom of the cylinder and sunk Into the con« denser, THE JAR broke the air pumps, and it was the steam front them and the opened safety valves that cause: the report, which spread such consternation, that the boiler had burst, After a good deal of exertior and considerable strain on the hoistlog tackle th pieces of the castings Were holated on deck, where CONTINUED ON NINTH PAGE, |