The New York Herald Newspaper, December 22, 1872, Page 14

y 14 them the way of life. He bade them ‘fare the fear of God and the fear of -wan beiore their eyes. He did not tell them to discard one and take the other, but to retain bot! because he knew that the fear of man isa gre apd powerful motive in determining human con- duct. It keeps back many @ man m evil. We all strive more or less for the applause of our fel- tows, and are gratified when we receive and dis- if we tail to obtain it. But we are not ‘only eager to do all we can to gain the approbation ef our fellow men, but to keep it alter we have se- cured it. Hence we say ‘ THA VOX POPULI IS THE VOX DEI. @man has been restrained from doing evil by the fear of what his neighbors would say. The record of human deeds and daring show many Buble actions performed, which fill our minds and our souls with admiration because of the popular applause. There are some who don’t do much themselves and who impute everything done b 4 others to this principle. Very well. This net so bad. True, self-love is the mainspring: is done, notwithstanding, but the and that is the main point. He who cares not for the good opinion o! his fellows does nothing worthy of praise, and the good 1s by hum left un- done. But the practice of becomes in time a habit and a favorite, 80 it men ao it whether they receive the ause of the public or not. Duty becomes thus a second nature to them, an they eannot get along in life without doing so. If the vor 1s not, therefore, the voice of the Spirit itself, it quickens the conscience and the heart to listen to and obey the vox Det. But this mighty public opinion becomes danger- ‘ous im its aberrations. In good society vice be- “comes shy and careful, but it is bold and fearless in the presence of those who applaud it. Our hearts are battle flelds for the contending forces of good and evil, and the victory depends on which shall t the auxilary force tirst. If m the moment of Sirest struggle the heart comes in contact with good society there is no danger; but if it comes in contact with evil, then it ceases to be subject to re- proof, and the white flag of innocence will be trailed in the dust, and the banner of vice will feat high in the air. There are MANY EVILS IN SOCIAL LIFE, but-little is done tocure them. And yet there are ‘means of healing them as simple anda old as the Bible. and as profound as the wisdom of God from whom it hasemanated. ‘Tne great secret ts con- tained in the first part of this text—thou shalt not follow the multitude todo evil. Many a young man starts in life with the very best joie wo fulfil the highest hopes and fondest wishes of his parents. He labors diligently by day, and when evening comes he must leave with the rest. He oes Where others go, and, as it is nataral for men strive after the applause of his fellows, he docs bo in his circle. But unhappily his circle is com- 1d of those who do not applaud until he has sacrificed purity of heart und innocence of soul, and then you begin to notice that duty hecomes irksome and is neglected by him, and all his delight is in the pleasures of the ‘world and: the applause of the vicious multitude who have Jed him on to his ruin. To such comes the command of the text, Do not follow the multitude todo evil. It has, however, a special significance for parents, who should make their homes scenes of innocent pleasure, and should have every hour of their children’s time properly accounted for. Innocent home = are like the genial warmth of Spring, which gives vitality and beauty to flower and shrub; but doubtiul pleasures, doubtful or sinful amusements, are like the burning rays of the tropical sun, and need the dark mantle of conceal- ment to be spread overthem. This error is com- mi by the old as well as the young. Why is it THE IDEAL OF MATRIMONIAL BLISS 80 soon vanishes away from many a household? ‘Why must all the precious !ood of married life be bartered away for the world’s mess of pottage? Is there an excuse for it? There is. They must live as others do. When the ludgment ef God is pre- sented you should not hesitate to make the choice, even though you stand alone. When Moses came ‘down from the mount the people were worshipping @ golden calf, and he alone stood for God. But he mphed over the multitude. When Joshua presented the cuse of fealty to God he geclared that, as for him and his house, be would serve the Lord. Gideon was ‘ene, but he broke down the altars of Baal, not tear- ing the multitude, and Elijah on Carmel alone of te prophets of Jehovah stood before 500 of the priests of Baal and the groves and triumphed over them in the name of the Lord. These men did not follow'the multitude to do evil; but, on the con- trary, they singly protected the true faith against the many, and the deeper sentiments of the people were withthem. And were these Scripture pre- cepts before us more constantly, and did not our part ed and juries incline alter many and follow the multitude, the evils of society of which we com plain would very soon cease from among us, HARLEM COURT HOUSE INVESTIGATION. Slarry Genet om the Witness Stand—His Dealings with Scallon Explained—The Court House: Contractor Built Genet’s Mansion and Was Paid in Private Checks. ‘The Senate Committee appointed to investigate matvers connected with the alleged Harlem Court Souse frauds met, yesterday morning in the Alder- manic Chamber of the City Hall. Messrs, Weis- manp and Tieman presided, Mr. Parsons repre- sented the prosecution and Judge Waterbury was counsel for Mr. Henry W. Genet. A great deal of evidence was adduced, which principally tended to shew that certain warrants paid to Scallon, the Oourt House contractor, were made over to Genet; but this action was fully accounted for, as Genet had been advancing money to Scallon as an accommodation, and therefore that was the reason his name appeared on the backs of the checks and warrants, Mr. Levi Adama, who was present, and who prompted Mr, Parsons from time to tume, is apparently the real prosecutor in the matter. Mr. Genet, it seems, has @ lawsuit underway with Mr. Adams, hence the interest in behalf of “the public’’ displayed by the latter person. Mr. Henry W. Genet was the first witness sworn. Batches of Scallon warrants were shown him, but the only answer he could give as to the reason for his signature appearing on them, was that he had Placed it there for the purpose of identification. It was then proposed to forego Mr. Genet’s ex- amination until the case had assumed a more dis- tinct phase, and the testimony of several persons Qot so directly interested in the matter was taken. Patrick Gray, runner for the West Side Bank, in ‘Twenty-fourth street, was shown a number of checks signed by H. W. Genet, payable to the order of John Scalion, on the Yorkville Savings Bank, upon which he recognized the West Side Bank stamp, and the amounts they represented he knew had been collected. Charies F. Crook, ou being sworn. testified to being @ messenger of the Harlem Bavk, of which Levi Adams is one of the directors, Checks shewn by Genet im favor of John E. Wilson, on Yorkville Savings Bank, and endorsed with stamp of the Harlem Bank, were collected. The entire amount of these checks was $10,781, and he was anable to say whether it was for work done upon Genet’s private residence. Samuel Hoyt, messenger of the Manufacturers and Builders’ Bank, identified a check drawn by Genet in favor of James Mahoney tor $2,000 as having collected; it had nothing to do with the Court House. James Mahoney, a brown stone cutter, testified to having built Genet’s dwelling house, at the corner of Firth avenue and 126th street, together with the stables attached; Genet had paid him on account 219,653, and the checks produced were in part pay- ment; witness cut granite tor Sealion at the Court House, and Scallon had also the contract for butid ing et’s house; was paid by Scallon for the work he did for him. William H. Rogers, cashier of the Nassau Bank, testified to the collection of a check for $1,000 drawn by Genet in favor of Scallon and endorsed by Thomas C. Ficids. G. J. mble, lumber merchant, said he fur- nisued $759 84 worth of lumber for the Court House to Scalion, who paid him $533 28 on account; he furnished for Genet’s house lumber worth $5,787 95 between February, 1871, and septeniber, 1872; it had not all been id for; had received m part ment from Scallop the check produced dated uue 13, 1871, drawn by,Genet in favor of Scalion on the Yorkville Savings Bank, for $2,214; remembered delivering on the same day fifty spruce planks at the Court House and fifty aimilar ones at the Genet building; he was paid for the lots separately. James 8. Turner, a clerk 1m the Police Department of New York, stated he had been a clerk under Cor- melius Carson when that person was Chief of the Bureau of Elections; he knew Corgon’s handwrit- ing Mentified a pile of vouchers produced as havin a filled up by bim. James Kennedy was cajled to.testify avout some- thing connected with the date of the exposition of the King frauds, which it was impossible for any- one to underetand the drijt of. James O’Rourke, the foreman ot the work on the Harlem Court House, gave some important evidence regarding the laborers and stone masons employed in the erection of thatedifice, When he had no work for the men on the Court House he discuarged them, Dut gave them «commendations to Scallon, who theréupom employed many of them te work upop Genet's house. While these men worked at Genet's cf did net draw pay from the county, Seallon paid them im the yard of Genet’s house. pan had been struck off the Court House Michael Daly, a mason, corroborated the state- | ments of the last witnege in regard to the manner in which men were paid who had been employed on the Court House, but who had been sent by Contractor Scallon 40 Genev's house, Edward Keech, a carpent ant testimony, pe a as to the idepiificats vouchers, after which the tee adjourned on Monday next, Mity Library, Giluand was examined number of checks and hairman of the Commit- wi # beesON Wii be beld ip the vestigation uptil two o’elock amniniy-dixrh ateeet. NEW YORK HERALD, SUNDAY, DECEMBER 22, 1872—QUADRUPLE SHEET, THE COURTS. STOKES UPON TRIAL. The Jury Search Ended—Twelve “Good Men and True” Obtained—The Personnel of the Jury— Court and Counsel Well Pleased with the Result—The Court Appoints an Officer to Attend Each Juror Till the Open- ing of the Court on Mon- d@ay—Judge Boardman’s ‘Remarks and Caution. THE IRREPRESSIBLE TRAIN OFF THE TRACK He is Arraigned for Publishing an Obscene Pa- per—Pleads Guilty, but Quotes the Bible in Defence—A Plea of Not Guilty Recorded— A Scene in Court—He Announces Him- self the Coming Chief of the Com- mune and Threatens a Dire Visi- tation Upom Gotham—He Repu- diates Bail and is Locked Up. BUSINESS IN THE OTHER COURTS. Summaries—Business in Bankruptcy— The Post Office Mail Bag Rob- bery—Decisions. The old gait between Commodore Vanderbilt and the Erte Railway Company. known popularly as the ‘Five Million Suit,” was taken yesterday be- fore Judge Leonard, of the Supreme Court, for formal settlement on the appeal. It wili be re- Membered that Juage Barnard decided against the Erie Railway Company. The probability is that it willreach a final decision before the Appellate Court during the present Winter, The irrepressible George Francis Train has turned up in a new character—this time as the publisher of an alleged obscene paper called the Train Ligue. It would look as though he was courting martyrdom, for upon being arraigned yesterday before the Court of Oyer and Terminer to answer the charge he proclaimed his guilt with an orator- ical flourish, though on the indictment being read he pleaded not guilty. He scorned bail, and was sent to the Tombs to await his trial. THE STOKES TRIAL. The trial of Edward S. Stokes for the shooting of James Fisk, Jr., was resumed yesterday in the Court of Oyer and Terminer, before Judge Board- man. It was the fourth day of the trial and the last of the week, and by a fortunate coincidence the last of the weary legal farce of obtaining a jury. As the Court felt so it expressed itself, and Judge Boardman congratulated counsel that at last twelve good men and true were obtained and that the trial proper could be entered upon the first thing on Monday morning. Not the least cause of mutual gratification among counsel was in the fact that counsel, one and all, for the prose- cution and for the defence, expressed themselves well pleased with the PERSONNEL OF THE JURY, it being conceded and publicly spoken of that a more intelligent looking body of twelve men never entered a jury box to pass upon the guilt or inno- cence of @ prisoner placed in peril of his life, Even Stokes seemed pleased that the long agony of procrastination was to that extent at an end, and thathe was no longer to hear the warning word—“Prisoner, stand up,” and to the juror and the accused, “Prisoner, look on the juror—juror, look on the prisoner; you shall well and truly try and true deliverance make,” &c. At four o'clock precisely the twelfth juror was obtained in the per- son of William P. Mitchell, .a job printer, doing business at 100 Bowery. Mr. Mitchell is the young est man on the jury, and though, like most all citi- zens, he had formed an opinion, yet, after a search- ing ahd exhaustive examination by either side, he was accepted as a man without bias or prejudice, and who could render a true verdict according to the evidence only. The strain under which the crowded audience had been so long suf- fering during the past four days was rather too demonstratively exhibited. When the challenges were withdrawn and the Court said, “SWEAR THE JUROR,” there was a general movement and rising from seats and ieee ce ot opinion, which, for a time, interrupted the course of the closing pro- ceedings, and the officer of the Court and his as- sistants had some trouble in restoring order. Judge Boardman called counsel up to the bench and intimated to them what he proposed deciding upon with regard to proper care of the jury from the adjournment until brought again into Court on Monday morning. His Honor’s remarks met with prompt concurrence, and he thereupon ADDRESSED THE JURY, informing them that he would appoint an officer to be in attendance upon each juror till Monday morn- ing. This would obviate the inconvenience of their being kept together, and consequently debarred of the pleasure of home and family during the Sab- bath. The jury were greatly pleased with the kind | cons deration of the Court, and aiter their oficial cicer wnes were appointed, one to each juror, they retired to their respective homes. The names of the jury are given below. Proceedings in the Court Yesterday. At half-past ten o’clock Judge Boardman took his seat on the bench, The court room was crowded, though all who gained admittance were compelled to run the gauntlet of the police and the doorkeepers. The prisoner was brought in by Sherif® Brennan and the officers specially placed over him from his departure from the Tombs till his recon- signment thereto each evening. As usual his aged father and youngest brother sat near him during the day. Counsel on both sides were also in prompt attendance and the case was at once pro- ceeded with. EXAMINATION OF JURORS RESUMED. The first man called was Henry Clay Carson, goid pen maker. His mind was not strongly made up, though he had read about the case somewhat. He had talked about the matter since he was served, but not about its merits; it was about the qualifications of a juror; he knew none of those connected with the case, and knew of nothing which would prevent him from sitting impartially as a juror. Nevertheless the triers sustained the challenge. William H. H. Moore, vice president of a marine insurance company, had not formed any decided | opinion as to the crime of the prisoner. He knew Mr. Stokes, of the firm of Phelps, Dodge & Co. They insured with his company, He met Mr. Stokes often and walked occasionally up and down town with him. He did not think, however, he had any | such Dias as to make him unfit fora juror. The | triers agreed with him, but the prosecution chal- lenged peremptorily. John 8, MeCiure, secretary of an tron’ building company, satd the opinion he had formed was such as would bias his judgment in forming a verdict. Excused. Robert Allen, provisions, Washington Market, Was excused on account of knowing Stokes his father in the way ot busingss. been sworn but that he vo e Henry Holt, book busi on statimg that he had a excused, AUGUSTUS BECKSTEIN THE TENTH JUROR. At ten winutes to one o'clock Augustus Beck- stein, a provision dealer of the Twentieth ward, doing business at 100 Hudson street, residence 310 ion Thirty-second street, Was sworn as the tenth juror. : This juror presented a very intelligent appear- ance—with a great breadth of forehead, with a clean shaven , With the exception of a black- brown mustache, trimmed straight downwards; his lower face short and narrow, his eyes mild, but with an unusually observant glance in them. His selection seemed te give general satisfaction to all most concerned. After the juror was sworn the Court took its usual recess, AFTER RECESS, The panel of jurore was exhausted and Mr, Sparks proceeded to cal a fresh panel. FINING JURORS, Some thirty jurors in the former panel who had not answered to their names when called, were severally fined $100 each by the Conrt for absence. The additional panel was then called, Henry M, plens, carri: maker, No. 115 East ated that Be was passing by the Grand Central Hotel at the time of the occur rence; be read august is Ju the papers, and, irom i] He would have d the statement. Fourth avenue, of the case, was theory what was told by parties that were there, he con- cluded he was not unbiaased, He was excused. John Johnson, a plumber, aid not read the last trial, but read of the homicide, and has his opin- ion; he could not decide on the evidence of sworn witnesses before him, A LITTLE STORM ALLAYED BY THE COUKT. Herbert C, Barnum, jeweller, of No. 12 Maiden lane, read the papers and formed an opinion about the nomicide; was uncertain how far that would influence his verdict, but believed he could render @ verdict on the sworn evidence. Mr. Tremain asked His Honor to instruct the triers that they were not justified by law in reject- ing the juror, but His Honor declined. ‘he triers found the juror competent, and the Prosecution challenged him peremptorily. Mr. Tremain, with upliited hands and stern tones, protested against the challenge, saying, “Nobod Suits the prosecution who has formed an opinion.” Mr. Beach contradicted the assertion. Judge Boardman hastened to calm the gathering ‘storm, and said he was very sorry abything of the kind should occur, Mr. Tremain—I have let the challenges hitherto pass without remonstrance, but now I cannot re- ‘strain my indignation, Colonel Fellows—That is indignation against the jaw and the administration of 1t. ‘Judge Boardman—Call the next juror. CORNELIUS LUISTER—ELEVENTH JUROR, Ata quarter to four o’clock the eleventh juror was obtained in the person of Mr. Cornelius Luis- ter, @ builder, residing at 326 West Twenty-sixth street, This juror, like all his preceding fellows, ‘bears the right stamp to qualify him for the solemn duty he has sworn to discharge. He had no preju- dice or bias and had no conscientious scruples to Tender a verdict where the punishment was death. WILLIAM P, MITCHRLL—TWELITH JUROR, _ At four o'clock the jury was made complete by ‘the acceptance of Mr. William P. Mitchell, who ‘went through the ordeal of examination and cross- ‘examination satisfactorily. THE JURY. The following is the full jury, with the names, ‘business and residences of the jurors :— 1. David Egglestone, iron merchant, No. 8 East Thirty-fifth street. Ke be rlea®. Loper, retired merchant, 62 Varick street! 3. John A. Beyer, 337 East Fifteenth street, flour merchant, 4. Abraham C. Morris, insurance, 34 West Thirty- sixth street, 6. Charles A, Yost, clothing, 102 Bowery, ne Chaos M. Bolles, merchant, 121 East Fifty-fourth stree 7. Joseph Sands, 520 Lexington avenue, architect. 8. David Hepburn, carpenter, 547 Broome street, 9. George N. Manchester, brickmaker, foot East Ninety-first street, 10, Augustus Bechstein, provision merchant, 100 Hudson street, 11. Cornelius W. Luister, builder, 326 West Fifty- sixth street, 12, William P. Mitchell, printer, 100 Bowery, THE JURY CAUTIONED AND DISCHARGED TILL MON- DAY. Jad; Boardman, addressing the jury, said:. “Gentlemen, with the consent of counsel I have ranged to have a sufficient number of officers sworn to take charge of you. Each jaror will be attended by an officer, so that you may return to your homes ani spend the Sabbath with your re- spective families, and goto church or in any way spend your time as you may deem fit. I do this with a view of rendering the public duty you have sworn to perform as little obnoxious as possible, I take this occasion to caution you to avoid by every means in your power every cause of suspicion even in the slightest degree. Do nothing yourselves and permit nothing to be done in your presence that could be possibly coustrued as a subject of suspicion. It will be your duty not only to guard your own conduct, but to see that the officers shall do nothing in violation of their sworn duties and their responsibilities, If you should have any complaint of this kind to make report the circumstances to me, and I shall hold the oficer otfending toa strict accountability. Gentle- men, you may retire, COUNSEL GRATIFIED ALL AROUND. The personnel of the jury was a source of great gratification to counsel on both sides, and the opinion was expressed that the public interests in this important trial would be confided to men cap- able of appreciating the responsibility they had un- dertaken as jurors. The Court then adjourned till Monday at half-past ten o’clock. TRAIN OFF THE TRACK. potclvi/ Arona MAE Sy Arrest of George Francis Train on a Charge of Publishing an Obscene Paper—His Arraignment at the Bar of the Oyer and Terminer—He is Cut Short in His Speechmaking Proclivi- ties, Pleads Not Guilty and Goes to the Tombs to Await Trial—The Chief of the Commune. It is an unquestioned fact that the labor of get- ting a jury to try Stokes is painfully monotonous and tedious, An interruption aspleasant as it was unexpected was the sudden appearance in the court room yesterday forenoon of George Fran. cis ‘Train, Coming in as a simple specta- tor his presence would have taken the edge of dulness from the wearisome scene, and keenly exhilarating and refreshing would have been the mere sight of him—the sight of those Hyperion curls, those eyes of Jove, that front of Mars, that cheek of—Shakspeare himself would have been at aloss to carry out the comparison— thatdramatic attitude, that proudly imperial curl of the lip, and, last and not least, that jaunty cane and those gloves and that brown overcoat, elab- orately trimmed with fur. Coming in thus he would have been the cynosure ofevery eye. But, coming in as he did, coming in with a wild); impetuous rush, coming in with a@ train of attend. ants, and one of them Miss Minnie Morton, bear- ing in her “red right hand” & flag of the Inter- nationals, coming in with all “the pomp and Jorious circumstances” of @ prisoner, it is no won- fer that every eye was instantly intently riveted upon him. « WHAT ‘IT ALL MEANT. “May it please Your Honor,” said Colonel Fel- lows, rising with grave solemnity to his feet, “I hold in my hand an indictment against George Francis Train, who is now present at the bar, charging him with publishing an obscene paper called the Train Ligue. 1 move that the prisoner lead.” Peo you wish to plead guilty or not guilty’ asked Mr. Sparks, the Clerk of the Court. “Guilty !? replied Train, with a tragic brush of his right hand through the air. “Your Honor,” said Col. Fellows, ‘as the prisoner pleads guilty there remains nothing else to be done but to set a day for sentence.” “I plead jel spoke up Train, “to being the editor, publisher and proprietor of the paper named, which is not in anywise obscene, contain- ing, a3 it does, nothing more than Bible quotations. Lao not plead guilty to any offence.” “J object, your Honor,” pursued Col. Fellows, “to the accused qualifying his plea. He must either plead guiity or not guilty.” “You must enter your plea without any explana- tion,"’ said Judge Board “Well, I shouid like to man. hear the indictment read before I plead, and learn what offence I have been guilty of,” coolly answered Train. THE INDICTMENT, Mr. Sparks proceeded to read the indictment. It was drawn up in the usual vesbose style of legal! documents of this character. The gist was charg- ing Mr. Train and a young man named Nichols with being the publishers of the 7rain Ligue, and desig- nating the same as an obscene publication, in vio- lation of the law. Init was designated the name of one Comstock as the party preferring the com- sy upon which the arrests were mude. Mr. ‘rain, during the reading, folded his arms and looked steadily at the clerk. A SPEECH CUT SHORT. “The indictment charges,” he brokeout at the close of the reading, “that 1 gave # copy of the paper to Comstock, That's a Ite; he took it himseif. 1 wish to state now that I alone am responsible for the publication of the paper, and this young man Nichols is entirely, irresponsiple.”” “You ur onl sir,” said the Judge, ‘as I have already stated, guilty or not guilty to the charge, without eatering into explanations.” “Are you guilty or not guilty?’ called out Mr, Sparks, “Not guilty,’’ answered Train, THE PRISONER NICHOLS. This young man formed a striking contrast to Mr. Train. He was represented by Mr. William F, Howe, The latter entered for him a plea of not guilty to the charge as preferred against him. THE END. “One of these days,"’ said the irrepressible Train, as h passed out of the court room, “L will be Chief of the Commune of this city; and hang a hundred of these dogs.” Raving’ with that indescripably grandiloquent ir 80 peculiarly his own, delivered himself of this prophecy, he was marched away to the Tombs to await trial, He scorned to ask bail. The young man Nichols was not so scornful, bail for him being fixed at $500, but having no friend at hand to go his security he, too, was marched off to the | saine historic structure of grim gray granite. The above episode concluded, tae Court resumed the weary monotony of finding the tenth juryman lor the Stokes jury. BUSINESS IN THE OTHER COURTS. Bankruptcy Business—Discharges, &c. Betore Judge Blatchford, During the week ending on the 2ist instant Frank Reiber, John J. Reiber, John P. Richards, Samuel Ogden, Edgar H. Reeves, Alexander W. Thempsou, Richard Van Horp, Charlies N. Van Horg, Peter Radt and Abrahatn F, Fowler were ad- judieated involuntary bankrupts, and David M. H. Sands, Adolph Riess, Benjamin Rockwell, William A. Parker, Chancellor H, Brooks, Theodore F. Peer and Morris Harris received discharges im bank- Fuptey. UNITED STATES COMMISSIONERS’ COURT. The Mall Bag Robbery. The cases jn which Elliott, MeGinnis, Cahill, cbrned in the theit of United States mail bags were to have come on for examination yesterd: before Commissioner Shields, but were adjourne: over, all the parties not being ready. SUPREME COURT—CHAMBERS. Decisions. By Ji : Barrett. Lichtenstine vs. Licntenstine.—Motion granted. Audenried vs, Adriatic Fire Insurance Com- pany.—Same. By Judge Van Brunt. Feginge vs. Helmbold.—Case settied. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Monell, penenere ve. Wheeler -Orderea to file security r costs. Miles vs, Brown.—Order granted. Beach vs. Hendricks.—Same, Stamford vs. McEiroy.—Motion granted. Mendelson vs. Stout.—Motion denied. COUNT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. In re petition of James Morgan.—Reference or- dered, Goldman vs. Kane.—Mechanics’ lien continued. Waterman vs. Vandewater.—Actions 2 and 3 dis- continued, By Judge J. F. Daly. Fox vs, Stillwell.—Judgment for plaintim, YORKVILLE POLICE COUAT. On Saturday morning, about one o’clock, OMcers McGinley and O'Donnell, of the Twenty-first pre- cinct, discovered John Mullancy and William De- laney in the act of robbing MeMasters’ liquor store, on Second avenue and Twenty-niuth street. They arrested them, and yesterday they were'arraigned at the Yorkville Police Court, where they were held for trial in default of $1,000 bail. Probable Death from Violence. A few days since Martin L. Brennan and a friend were skylarking in Patrick Daly’s liquor store, on the corner of Thirty-first street and Fourth avenue, Brennan picked 0 a poker, which he threw at his Mend, whom it missed, but struck Mr. Daly’s boy, seven years of age, on the head and fractured his skull. Yesterday it was the opinion of the physi- cian who attends the injured pos that he would not recover. Brennan was arrested and committed by Justice Coulter to await the result of the injuries. JEFFERSON MARKET POLICE COURT. Felonious Assault. Barney Kiernan, of Forty-eighth street and Tenth avenue, and Thomas Kierns, of 453 West Thirty-first street, were arraigned at Jefferson Market yesterday, charged with felonious assault on Ofiicers Lober and Mead, of the Twentieth pre- cinct, while in the performance of their duties. ‘They were held in the sum of $1,000 each to answer. Policy Dealer. Michael J. Sullivan, of 434 Pearl street, was brought up at Jefferson Market yesterday and held to bail in the sum of $500 for a violatien of the Lottery law. Attempt to Kill. The case of Matthew Busey, charged with feloni- ous assault and battery on James Burns in firing & pistol at him, in his house No. 135 Greene street, on the 6th of December, came up for examination at Jefferson Market yesterday, the complainant not having been able to appear heretofore, Burns swore that the ball entered his head, where it still remains, Busey was committed in default of $2,000 bail to answer, Grand Larceny. Augustus Post, charged with stealing jewelry and other property to the value of $64 from Levi H. Rose, of 71 Carmine street, was held to bail at Jefferson Market yesterday in the sum of $500 to answer. ETHICS AND ETIQUETTE. A Flash of Indignation from a “Light- ning Calculator.” Readers of the HERALD doubtless recollect the famous “Lightning Calculator,” whose wondrous powers used to astound the rustics in the old Ann Street Museum, and before whose eagle glance huge columns of figures melted away and were fused into the ‘‘deminition total” almost as soon as formed. Since the dissolution of his engagement as a public exhibitor Mr. Hutchings—the name of this marvellously-gifted gentleman—determined to embark in business on his own account and devote his skill to the service’ of merchants and others who might require his aid in the management of large and complicated financial transactions. He also published # small treatise on the art, setting forth the principle of his system, and fondly anticipated large returns from its sale. This, how- ever, involved a preliminary outlay, and a moneyed partner was necessary to start the enterprise. In the selection of an associate Mr. Hutchings was not so judicious and successful as in his arith- metical calculations. The capitalist whom he had ersuaded to join his fortunes was @ harsh, unfeel- fag man, exdcting in his dealings and devoid of the finer feelings which Mr. Hutchings conceived should actuate a gentieman. Mr. Hutchings got on a@ little ‘spree,’ and be- coming short of cash fell back on his “treatise,” and having sold a number of them appropriated the proceeds, amounting to some ten dollars, to his separate use, and yesterday his partner caused his arrest and arraignment at the Tombs before Justice Hogan. Mr. Hutchings was naturally in- digni at the affront, and in eloquent language remonstrated against the course of the com- plainant. Mr. HUTCHINGS—Now, the fact 1s, Your Honor, I simply happened to get on a little “drunk,” as we are all ofus apt to do, you know, and it is really very painful to be subjected to this annoyance. You see, Your Honor, it is prejudicial, very pre- judicial, to the interests of both, and I must depre- cate the course my partner has so rashly taken. Justice HogaN—Oh, yes; I have no doubt you do. Mr. Hvronings—Yes, yes, Your Honor. It’s not business like. In fact, it is umgentlemanly, entirely at variance with the course one gentleman shouid adopt in dealing with his associate. It’s the prin- ciple of the thing that excites my animadversion. ‘e are both of us experts in our line. I, myself, in fact, am the greatest lightning calculator living, and we might have got along very harmoniously, very happily, indeed, but for this unfortunate pro- ceeding. It will, no doubt, have a very injurious effect on the sale of the work, and is altogether very, very reprehensible, Justice HogaN—Well, [don’t wish to hear any- thing about your private affairs. Mr. HutcHiIngs—Yes, yes, Your Honor, but this matter calls for arebuke. I feel really bound, in “my own vindication,” to utter a protest. fere Mr. Hutchings was continuing in a strain of great volubility his protest against the action of his partner, when Justice Hogan summarily ended the matter by dismissing the case, it Mate simply a case o1 dispute between partners, requiring ad- jastment tn the civil courts. The two “lightning calculators” who haye so sadly collided in their calculation thereupon left the court room, Mr. Hutchings still protesting. The Sleeping Cars Have Not Taken Off. New York, Dec. 19, 1872, To THe EpiTor oF THE HERALD :— Sir—A portion of the letter from your Southern correspondent, published on the fourth page of your paper of Saturday, December 14, stating that the line of palace cars from New Orleans to Lynch- bare by the Blue Mountain route had been taken off, is untrue, and has done this route much harm, ‘the accompanying letter from the manager of the Lynchburg end of the line, Colonel Frank Huger, will substantiate my statement. The only change that bas been made since the line was put on was that which required the passengers at Montgomery to step from one Pullman car intoa cleaner one, without inconvenience, in broad day- light. Will you please do What you can to correct the false impression conveyed, and oblige yours, Peer 1G! M. HUNTINGTON, New York Agent Great Southern Mail Route. Been Explanation from the Lynchburg End of the Line. Lyncanura, Va., Dec. 17, 1872. Mr. G. M, HUNTINGTON : Dear Sir—Your telegram of the 14th inst. reached here during my absence from the city, and was not, therefore, read by me until my return this orning. In reply I beg leave to say that the ooechiee cars run every evening from tins place to Montgomery, Ala., where the passengers step from one car to another, which goes through to New Or- leans. The change produces but little inconve- he traveller. Very respectfully, &c., gc se PRANK HUGBR, M7. SUICIDE IN CENTRAL PARK, Yesterday afternoon information was received at the Coroners’ office irom Mr. Frederick Law Olmsted, of the Central Park Commission, that @ few hours’ previously a man named Charles Johnson about flity fae of age. had committed suicide in the Park 7 Meth) himself with Derringer pistol, but the motive that prompted the man to terminate his existence did not appear. The body of deceased, who lived in 77 Et Fourth street, was sent to the Morgue, and Coroner Herrman Hughes ang Byapdoa aye charged with being cou- | otided to hold an ipguest, ‘ COCK FIGHTING. FIRST. MAIN OF THE SEASON. Battling on the Neutral Ground—New York Strains Against Those of Philadelphia—Cow- boys and Skinners—Seventeen Cocks ‘Weighed and Thirteen Falling In—Reid and Reeder Birds Against Car- roll’s, of the Quaker City—Blash- ing Fighting and Well-Con- tested Matches—8100 a Battle, $500 r. Bide on the Main, Considerable rivalry hae existed for some time ‘among the breeders of this vicinity and those of Philadelphia. The favorite strains hereabouts of Claiborne, Alabama and Heartwood, crossed and Tecrossed, have gained for these particular birds anenviable notoriety. Philadelaphia has her Red Horse stock to brag of, and hence the main we chronicle. It was fought at a small village only five miles from Easton, Pa., this being half way be- tween the walks of the respective roosters. Un- derstanding that the main was to be a good one, the HERALD reporter left his home on Friday morn- {ng ast and-Atarted for the foot of Liberty street. ‘The 'rain was pouring in torrents on top of some. four inches jof snow, no cars. running and a two miles walk to the ferry. Slush, slush, spatter, splask, splash, as every foot-fail churned up the cursed mixture that New York Tevela im alter @ storm of snow and rain. No matter; the sporting readers of the HERALD must be posted ag to the doings of the cocking fraternity, as well as the lawyer; but his law reports keep up to the calendar and causes eéébre, ‘The veteran Bill Clacker was in the hands of the Express fellows and was bound to do or die on the birds he heeled, handled and fought, Little Andy heeled for the party hailing from the Quaker City. Quite a number of New Yorkers were present. Newark, N, J., sent her quota, while Easton, from the crowd she sent, must have emptied her fur- naces, and puddling and rolling have come to a Stand still for the nonce. It was easy to see that the furnaces are manned for the most part by Eng- lishmen, ‘The natives of the “tight little isle” take as naturally to a cocking main as a duck does to water. Each one kad a “yarn to spin” about that particular duckwing, brass- back or black-red he had put “spurs’? on in days gone by. Fur caps andjolly rubi- cund visages were numerous, showing that the American climate had produced no deleterious effects on the constitutions of these fellows as yet. The barroom of the hotel was garnished in the usual style with pictures of game cocks and game dogs. Running around the yard were a score of high-bred birds. Inside the room apple and cider was the drink, and from the quantity punished Sam Mettler must have had a cider mill in his barn and a still in his cellar, with pipes leading to the barroom from each. Figure up a thirsty crowd of 300, all good drinkers—drinking both long and oiten—and calculate from that basis the barrels of cider and gallons of “apple”? made away with. Hours, as usual, were wasted in, to all appear. ance, needless preliminaries. Why is it that these cockers always have to talk, talk, talk, like gab- bling geese, for hours before they get to work? Is it because most of the mains are bogus mains and made for the benefit of the house? The HERALD |" representative was on hand at the hour appointed, and it was just four hours afterward that they got to work. The fowls were fought too early in the season, as many of the cocks had not a) feathered out and were still full of “pins,” eighing in, even after the parties got together, consumed a good hour. Thirteen of the cocks turned the scales at even weights or but an ounceapart. This made a good afternoon's and evening’s sport. Consider- able trouble was occasioned by the disagreement of principals about a referee; but finally both sides settled down amicably, and Prolessor Reilly offi- ted. First Fight.—The light weights, a pair of 4 lbs. 4 oz. Philadelphia showed a@ speckled-breasted duckwing, New York showed a black-breasted red- black hackle. A poor battle—New York fat and short of work. Duckwing had it all his own way from the start, and cut down the red in lim, Sweet William blue as indigo, and Andy smiling all over his face. jakers all exultant, and Captain Sitgreaves and Carroll hauling in the stamps. Disappointed ones all rushing to the bar for consolation in Jersey lightning. Second Fight,—Betting even. Clacker’s partisans inthe majority. Ahundred even on New York and no takers. Quakers brought in a blue-bottom white hackle. Yorkers tought a dark-hackled black-red. These the heavy weights, both weigh- ing 5 ibs. 12 02. Betting more lively as cider begins to tell. Down they goon the car- pet, rip and rush, rush and rip, till the blue gets an under-cut and goes down as if kicked by that little foot of Mike McCoole. The black red cuts him up leisurely, and wins a quick battle in 54cm. Third. Fight..-A pair of brown-reds, weights 5 lbs. 9 02%, each. New York bird was trom Downing town, cutting outa dark brown hackle; Quakers, Beye light hackled bird, with one white feather in his wing and another in his blood, The fight Was a@ rasper; now one down then the other. Gothamite got a wing brokem and Quaker a cut throat; handled well by ay, but better by Clacker, who polled a losing battle out of the five by sheer gameness, After a thirty-seven minutes’ contest the steel of the Reeder bird struck that white blood in the fow! from Philadelphia, and he left, the meanest kind of arunaway. Lots of fel- lows in the stone-fence business. Fourth Fight.—Both in weight 4 lbs. 14 oz. The drab-clad boys showed up an undertaker’ bird, all black. New York showed a slate- in-color breasted bird, cutting out @ pure white. The mourning bird was a great favorite, and the betting was 10 to6 on him at the send-off. Odds never won a cock fight, and after a vicious cutting battle the slaty bird got the bet: even. In eleven minutes he let the life out of the cofin- colored bird and dressed all the Quakers in black for grief. Stone fence (apple and cider) in great demand. Fifth Fight.—Two 4 lbs, 13 oz. cocks, Gotham- ites bet their dollars on an all blue yel- low saddled bird, cutting out snow white. ‘The Schuylkill Rangers paraded a yellow duckwing or birch, turning out a dark black. An easy thing for the Quaker; hecut the throatof the York bird at the second fly, and following this up won an easy fight from as big alunkhead as ever flew in bare 9m, New York eds one fight ahead and betting about even. Jersey lightning working well and a guod deal of talk going on. Sizth Fight.—A couple of 4 Ib. oz. birds. Lights turned on from four small-burner kero- sene lamps only served to make darkness visi- ble when the sun sank under the hills. The Quaker party showed a yellow duckwing; the New Yorkers another Downingtown black-red. This was rattling, ing fight, as good a one as we ever looked at. jow one down, now the other, till the duckwing found a soft spot in the black, lasses, Quakers losing the blues and beginning to feel brilliant. This battie was won in just 133,m., and cach side scores three battles, nth Seven ht.—These both turned the scale at 6 Ibs. 10z The Schuylkill party hung their stamps on a ginger red, cutti ng out a black hackle. Yorkers went for hunk on a brown hackled black-red, white ear! This was a des- perate fight. Clacker’s bird had a throat cut in the third or fourth fly. He ‘fought an uphill, long, tedious fight, and Clacker won again by sheer gameness in forty-two minutes. The winner one of Bill Cliker’s own birds. Quake: — putting on dress suits and looking all and blue. Stone fence and sandwiches in order, the latter making the boys noisy. Eighth Fight.—Two birds, each 5 ibs. 2 oz, Sweet — Will handled @ tasseled ginger hackled black-red, one of his Madcaps. The Quaker City boys fought a claret colored black-red. Odds 10 to § on Pat Carroll. This was a good, rattlin, mill. aney, tossed about tn the pit like the arms o} a windmill. the dark-red, and though he was a slow fighter won a good, sure battle in scarce 17m. New York two fights ahead and Gothamites uproarious. Nt Fight.—A couple of 4 ibs. 9 oz, bird: Sweet William’s was a dark black-red, cuttin out a ee AGW id peed nt gta in a brown-red, yellow legs, and turning outa ginger hackle. These a pair of good ones, Give and t all the order. Ten to 2 on Andy, and then, York bird gocked ft to him and brought him down, it was 10 to4 on Clacker. Betting men all abroad. Never was a better, faster fighting pair of cocks pitted. After fighting im. the Yorker put in an under-cut and killed the aker lad dead asasod. New York party three fgnts ahead, and betting and drinking lively. Tenth Fag sera & handled a 4 lbs. 15 02. blue bird, while Olacker heeled a 53 Ib. black-red, cut- ting out @ ginger hackle. These were a pair of rippers—two sausage machines at work, ‘The one that works the fastest and does the best chop- ping bound to win. Odds every way und any man’s fight for 9m, when the New York bird gota chop that coupled him and cooked his goose. The hiue bottom allowed him no time to come back, and won the fight in 3m. after the coupling shot. Long faces of the Quakers straightening out and tne black don’t look quite so blue. The best contest of the main by far. Bleventh Fight.—The New York boys brought in a lbs, 10 oz, black red-bird, bred East New York, Andy, for the Quakers, showed @ and he spread him out on the carpet like hot mo- | In five minutes Clacker’s fowl! coupled | 5 Ibs, 11 oz. silver duckwing—another of firstraters—Dahigrens and columbiads. Tiey came together like ing rocks. Quaker bir: the favorite; but the brown-red cut him down in just . The New York bird was brought down 20 oz. while cooped and came in as big and strong as a horse. This de- cided the main in iavor of the New York party. This fight better, if possible, than the one previous. Fight.—Both birds brown-reds, Andy's @ high comb, weighing 4 Ibs. 11 oz. Clack« er’s @ smooth-headed, 4 Ibs. 10 oz. This wad 88 good 2 fight as any, but the New York bird got. ght after this in 9m., the ‘New York bee eee a me ight a —Clacker pint tunes on a 4 ibs. 10 oz. yellow-le; ee Andy heeted for the shad-bellied fellows, a 4 Ibe. il oz, grpen-biack-red. Another slasbi bat- tle. First’one ahead, then the other. Het! all round the compass. Aorhodate fight for 40m. when the New York bir & prick ket the life out. Twenty-six birds tought, and only one runaway, and as good by the lads or thehupere cig. Yerever Rages BRAZIL. The Imperial Negotiations and Peace Treaty with the Argentine Confederation. Territorial Rights and Communal Privileges o8 pects of Future Difficulties—Legislative: and Ministerial Prospects—Severe Storms and Fatal Shipwreck. Rid JANEIRO, Nov, 24, 1872 General Mitre ayd Marquis San: Vicente have effectually smoked the calumet of peace and buried the war hatchet, they having brought to a satisfac- tory conclusion their negotiations in relation to the discordances between the governments of the Argentine Confederation and Brazil, and given them up as ended. As the treaty is not yet signed the imperial gov,. ernment has refused to publish it oMicially, but & am enabled to give a full summary of it, as. fole lows THE BRAZIL-ARGENTINE TREATY. First—The Brazilian government fo. de clares Brazil yet bound by tue treaty of en gages to ive its full moral support to its allies im he negotiations tley have to make with A and in the event of recusancy of the last : in a convention of the allies todecide on the course to be adopted towards that State. ‘The Argentine government for! re- cognizes as valid the separate treaties negotiated by Brazi) and Paraguay in the beginning ot thi ear in relation to commerce, navigation jundaries, and will negotiate similar separate treaties of commerce, navigation and bounds with Par , if possibie, All such treaties of Brazil aud the Confederation and of Uruguay in regard tocommerce and pavigation are to be under the joint guarantee of the three allies. Third—All the allies are to stand on an equality in respect to the mode of payment by Pi their respective war indemnities, and the “nene« volence’’ to be shown to that State in relation to the payments is defined—that coking: the first two years it shall not be required to pay instalments of over two per cent annually, and alterwards now more than six per cent annually. Fourth—Within three months after the concla- sion of the separate treaties to be negotiated b; the Argentine Confederation and Uruguay wit! Paraguay ail the Argentine and Brazilan forces shall be entirely withdrawn from Paraguayan territory, and the island of Atajo, on which is the Brazilian naval depot of Cerrito, at the mouth of the Paraguay, is specifically mentioned as territory to be evacuated by the Brazilians, The treaty makes no mention of any. BOUNDARY BETWEEN THE ARGENTINE CONFEDERA> TION and Paraguay, assuming that this is a private matter between those States, but the Argentine negotiator has been made to understand that the “moral support’? which Brazil undertakes to gi the Confederation is limited by the Bermejo, that in no case will she agree to coerce Paraguay into @ cession of territory to the north of that river, in the West Chaco. NOT STAMPED OUT. It will thus be seen that there is a spark left among the embers which may yet produce the conflagration this treaty is intended to prevent, for the Argentine government is resolved not ta lose the opportunity of securing the whole Chaca up to the Brazilian frontier in it. It hopes, how. ever, to obtain its end by inducing Paraguay and Bolivia to accept a pecuniary indemnity for the abandonment of their claims, and, as the Para guayan government is always at its wiw’s end for money,.it will probably be successful with that government. Bolivia, however, is not in want of money, and both its government and its people ap- pear to attach extreme importance to obtain- i rts upon the Paraguay. In fact, its Min- iar hnere scouts the idea of selling or abandoning its claims to the Chaco down to twenty-two de grees south latitude, and warmly asserts that his- government is prepared to resort to arms if neces- sary to sustain its rights to that boundary. AsI previously said, the Brazilian government views THE BOLIVIAN CLAIM * with extreme favor, and no doubt has assured the Bolivian Minister privately of its entire sympathy with Bolivia in this matter, PARLIAMENTARY PROSPECTS. The Legislative Chambers will open on the 2d of December if no disaster prevent the arrival of the Northern packet on the 1st, with its expected of Deputies. A considerable number oi thesegent men are aiready airing their representative forms in Rua do Ouvidor and “posting” themselves up. in the toilettes and figures which that street pre- sents to their critical eyes; the government 1s in- terviewing its expected supporters, and the oppo sition are combining upon the mode of maki ihe: onslaught upon the Jehus of the State oe paring the usual speeches upon everything wi attends the discussion of the response to the Fm» peror’s speech, CABINET CANVASS, The talk is that there is trouble in the ur ment camp over the reform of the franc! bill,. which has to be brought forward this year, owing to the divergency of the views upon it. ‘The gen- eral desire to abolish indirect voting for Deputies ana Senators, which is scknowionged ta. have worked very badly. But Visconde Rio. Branco differs from the majority of Deputies and Senators in holding that direct voting can be, established only by a constitutional amendment, and how this divergency is going to be accommo dated is not yet known; but the bill for the reform is to be presented to the Chamber of De; im- mediately after the delivery of the Emperor's speech. The panacea of the conservative opposi- tion is the bill of Consetheiro Paulino de Souza, im troduced two hans ago while he was Minister of the Empire, which does not propose to change the system, which is that of all citizens, with an income ot $100 a year voting for “‘electors,"’ who choose the Deputies and the Senatorial but to en the circle of the electors by including in {t, wil out election, all the leatned classes. But this 18 generally looked upon as too undemocratic to have a prospect of success. FOREIGN SHIPPING INTERESTS, Early this session a measure affecting for shipping is likely to be passed relative to the coasting trade. Since 1866 fereign vessels ha been allowed, by annual decrees, to engage in the coasting trade between custom house ports of different provinces. ‘this has been strongly attacked upon the ground that it has been an- nihilating the Brazilian merchant marine; but, on the other hand, it has been most advantageous to all the other interests, freights having been re- duced twenty, thirty, torty, and in some cases even fifty per cent, and the interprovincial trade havi been greatly promoted, in many cases created. The government now considers that it is time to make the provisional measure # permanent one, the experience haa taviet shown that the in it greatly counterbalanced the discouragement to the national marine; but it proposes to give boun- ties and indirect advantages to national vessel: besides Jeaving them the monopoly of the si coasting trade. STORM AND FATAL SHIPWRECK, On the southern coast the weather has stormy, and the British bark Isabella, from Liver. pool for Buenos Ayres, was lost on the 4th at the mouth of the La Plata, upon the rocks of Paloma. Of the crew of thirteen twelve were drowned, the boats capsizing, owing, it is shougat to the ignorance of the coxswains of the channe in which their satety lay. The British brig Anglesea Lass has been lost at. Paranagud, upon the Ciganas bank, three of the crew perishing; and the British brig Nina, with rifles and powder tor the Argentine government, sunk to the north of Rio, the crew being picked up at sea by an American whaler and landed at Itapemirim. In addition to there occurrences, the crew of the French bark Marret, sunk on the 24th of Se; ber, were landed at Hiuiceite, ie the province of Pernambuco, on the 2d, by the British burg Serena, {From the Buenos Ayres Times, Aug. 30,} News of another revolver tragedy reached us from Montevideo in yesterday's advices, A eee red gentieman named Juan Magarifios coolly shot at his brother-in-law, a young American named Parsons, vell known in this city, the other day, from the effect of which the latter ts said ta have since died. The bullet took further effect ogee, aman who was passing by in the street ¢ the koa but we believe the wound is mot da) gore!