The New York Herald Newspaper, January 13, 1873, Page 5

THE HERALD IN CUDA. ‘Spanish Editors Slashing at Our Late Commissioner’s Report. DARK HINTS OF THE HIDALGO Criticisms on What They Are Not Allowed to Publish. Gems of Ingenuity to Annihi- late the Truth. — EXCIFEMENT IN HAVANA. The Baitor Who is Said to Threaten Le- gal War on the Herald. The Battle of Holguin and Its Disasters—Mayari and Magarabomba Sacked and Burned— Spanish Reinforcements—Insur- gent Surrenders—Spanish Custom House Frauds. Havana, Dee. 31, 1872, Meagre telegraphic reports by way of New Or- deans had prepared the Havana public for a sensa- tion, and, as was expected, it came upon the arrival from New York of the last files of the Nzw Yorx Hxrawp, containing Mr. Hendergon’s fall and detailed account of his expedition to Cuba, interview with President Cespedes and the princi- pal insurgent leaders and the general success of his mission. The DEMAND FOR COPIES OF THE HERALD @f the 19th, containing it, was great, and the few which eseaped the vigilance of the government officers on the steamer—for attempts were made to suppress them—were highly prized. The Havana journals, of course, deny the whole report, and styling it a skilful tissue of falsehood gnd truth, put the entire report in quarantine, ‘The New York correspondent of the Diario has @ long letter replete with arguments to prove that the part of Mr. Henderson’s account relating to Cespedes was written in Now York from informa- ‘don furnjehed by Mayorga and other laborantes, ‘and interpolated. The Diarfo has not made, as yet, any reference whatever in its editorial olumns to Mr. Henderson’s report, but comments undoubtedly will be forthcoming from its erudite editor. The Voz de Cuba, in its remarks upon the subject, states its conviction that Henderson had the collaboration of persons in New York well ac- quainted with the interior of the island and inter- ested in assisting the HERALD to repeat, on a small goale, the Stanley-Livingstone adventure. This affair, it says, if 1t does not find as many believers, nerredound so much to the fame and reputation of the HERALD, wil! assist the avorantes to spread ‘the proofs of THE EXISTENCE OF THE INSURRECTION and induce belief in their armies, their government and their tnvisible President. The Voz further de- @lares that it ts impossible to seriously entertain the HgraLp'’s lucubration, nor to. allow it to pass without some examination and correction, as the Ssland of Cuba ts NOT THE INTERIOR OF AFRICA, Mmhabited by savage tribes, to allow the whoie World to be deceived by narrations of supposed ao- complished facts which only exist in the fertile brain of the director of the American journal. The Vou consoles its readers with the promise (sensor Permitting) te publish, in the space act apart for novels, Mr. Henderson's mission, which it declares the last novel of the HERALD, and also promises, as it proceeds, to publish the commentaries it decms mecessary. ‘The Constancta or rather its well-known editor, Gil Gelpi, under the same nom de ptume he adopted @ while ago to attack Mr. Headerson’s mission and address him satirical advisory letters, has an article which is couched in rather scurrilous and spiteful language, and WRIITEN IN A RAMBLING STYLE. “The 19th December,” he declares, ‘will be for- ever marked with white chalk in the calendar of Anglo-American journalism. From henceforth for- ever this day will be celebrated by the journals of the Republic by elevating firc-balloons, aky-rockets and pyrotechnics generally, io memory of the grand and successful enterprise of an intrepid interviewer, at the expeuse of an Admiral journalist, Henderson describes in dozen columns of small prin* and one of stun- atng bead lines his adventures + * Havana, Sant: Cuba and elsewhere; his \aterview with In- urgent leaders; the generous hospitality of the Cuban patriots, and his invitation to thelr banquet of roasted bull beef, swallowed down by Yore, or honey and water.” The Constancia con- tinues in the same strain, and concludes by stating that the Henderson-HERALD affair already passes the bounds of ridicule, but migkt be taken as serious in the Peninsila, and, therefore, recom mends that the situation of Cuba and its affaire should be treated by the most intelligent experts. The Diario, in conformity with its usual custom, gives a fortnighti: review of the situation, and de- Clares with regret that a year ago it did not belicve the rebellion would be prolonged another year, but then perccived and said that the rebellion, en then completely conquered, was impotent a8 element of war, and trusted that within the ear it would be reduced to such slight proportions hat peace would dawn with the coming of a uew year. The Diario ACKNOWLEDGHS WITH PROFOUND SORROW that its aspirations have been fruitless, as the ene- mites to the prosperity of Cuba had hidden in the thickest of {ts woods, whence they emerge only to make evident their existence by an occasional act which discredits their cause and materially harms the loyal inhabitants of the Island, The learned editor of the Dizrio is rather weak on this point, as the discreditable avt he alludes to fe the taking and sacking of Holguin, The Diario then propounds A SERIES OF CONUNDROMB, which it first gives up, and then answers to its own complete satisfaction; such as “Why does inere Fe exe any of bot pebgilcn Br iaienes first al ra, 18 Oct 84 at ha ecauierenta teprbseat. Wao Kopse eh Geis Aaitaey Because they still expect aid and recognition from the United States? And why are there any imsur- gent bands in the Camagticy and Kastern part ment?” And other queries of the like naturo serv- ing it for a text, upon which it — lor the thou- sandth time, overcomes the rebellloa—on paper. Diario then discourses in a manner clearly showing the influence of the slave interest on the projected reforms for the Antilles, and states the o viction that better than a reinforce- Ment of 10,000 soldiers would be the solemn declara- tion of the government that, while a single enemy {@ arms existed in Cuba, and for five years after- RBPORME OF NO KIND SHOULD BF INTRODUCED. imto. the Antilies, ‘The hope that these fatal reforms et be realized it declares to be the one which sustains the waning insurrection, and that y who have surrendered lately have ex themselves in the same terms, In all such articles it will be noticed how fas- ban told and as if stepping on e¢ is mention made of the projected retorms, jns' of coming ar boldly and declaring that the abolition of very and a different system of government, more in accordance with the advanced ideas of the ¢ivilized world, would contribute towards the fication of this island, but would be the ruin of 16 slaveocracy, Who a\ present rule the land. ‘The Diario, in its review of the past year, de- res the insurrection has lost mud The ‘Villas’? have been reconstructed ané much ad- vanced 1n Santi Espiritus and Morou, THE INSURGENT BANDS IN CAMAGUEY, Many surrenders have taken place, and the nu- merous bands of Vicente Garcia disbanded, and lender disappeared, ‘This the Diario asse ter pubiloning that the lenders of oh SHB SEVEN HUNDRED INSURGENTS WHO ATTACKED MOLAUIN, were Vicente and Calixto Garcia. The Diario ae fm this review that losses and desertions ve weakened the insurrection, and its complete unihilation is foretold and declared not far distant. Thus the Diario lavors to show the tnsur- reetion to be—nowhere, ana then continues in its feview to report the latest movements of the eo. smoothing over and explainin, asperi- ties of the adverse to the Spaniards, The Diario de Ila M Finds Itself Badly at Sea Over the Herald Special Commission=Firing Wildly at Twelve Herald News—A Hard- msore War News: Havana, Jan. 5, 1873, ‘The Diario de ia Marina, alter cogitating over NEW YORK HERALD, MONDAY, JANUARY 13, 1873—TRIPLE SHEBT. the supjees for several days, has at last given voice, and, as it appears that government censure ‘Would not allow it to publish im extenso Mr. Hen- dersen’s narrative, has been reviewing the same step by step at the rate of about two colnmns Gaily. The Diario declares that, considering the “Monarch” (the New YORK Hena.p) and its am- bassador (Mr. Henderson), this report contains nothing but what was expected, and ts equally willing to believe that Ramon Cespedes and Ma- yorga assisted in New York in getting up part of THIS COLOSSAL NARRATIVE, as that Mr, Henderson himself had been instructed beforehand, with a preconceived purpose, to pre- pare the story. It refera to Mr. Henderson’s state- ment concerning the courtesies and attentions he received from the authorities of the island, civil and military, to prove that he need not have enter- tamed any fear for his safety frem them, and that such attentions were paid him as @ foreigner visit- ing certain parts of the island under the protection of the authorities rather than the HERALD ambas- gador; that even as the representative of a forcign State he could not have received more considera- tion and was therefore right in asserting that he ‘was treated MORE LIKB AN AMBASSADOR tham newspaper correspondent. Mr. Hender- son's report of the Viamones battle fleld receives an incredulous notice, and the Diario declares again the truth of the matter to be that the rebels left forty-three dead, and so great was their panic that even if customary in Owda libre—which it d@oubte—they did not return to bury them; and ad- duces’ the proof of being unburied that they were rebels, for Spanish soldiers give the Uhristian sepulture to their comrades, and do not commit the impiety of disinterring the dead. This, the says, is to refute Agramonte's idea that the Spaniards to point out it have terred their own dead Ba to the HERALD man as insurgents, grets that Mr, portunity of retting @ number of things, Te SEEING HOW THE INSURGRNTS AND SPANIARDS FIGUT lenderson could not enjoy the op- ag such an item would have still further euriches his report; but he could have better shown his Imipartallty by reporeng how a band CET ae had fled from the commn of sixty men with whom Henderson was travelling. His trip in the Cama- ey and interview with Agramonte and Major ve next receive attention, and General Fajar- do’s extraordinary efforts in alding him in his un- dertaking, even to the four days; suspension of hos- tilities, 16 cited'as a proof tha’ there was no objec- tion to his learning the actual state of the insur- rection in that district. The Diario doubts that Hendergon was authorized. by General Fajardo to offer auch ample terms of pardon to the rebels, WHO WOULD AT ONCE COME IN, although he might easily have heard the General utter such sentiments, In commenting upon the interview with A monte, and the words attributed to him by Hen- derson, the Diario asserts, that even an envoy chosen by Ramon Cespedes and Mayorga could not have tried harder to reanimate the hopes of the insurgents, and it was in this capacity that Henderson acted—and his reference to what had been told bim, by the Spanish officers, savored of treachery. But the most salient point in the eyes of the rio of Henderson's report is the diffi- culty he experienced in finding the insurgent forces, and then found them to be but A CROWD OF HALF-CLAD NEGROES anda few white men. The safe-cenduct given in New York is styled @ very pretentious and ridicu- lous document; crafty, though, on account of its expression to lend Mr. Henderson all aid and infor- mation compatible with “the best interests of the Republic.” Clearly, then, says the Piario, he could not have seen orlearned anything but what would have been considered favorable to themselves. But Henderson's interview with Cespedes is STYLED A MYTH, The Diario reasons that, as proof of that with Agramonte, he presents the original despatch to Agramonte from his lieutenant, Suarez, concerning the Viamones affair, but has only his word regard- ing the interview with Cespedes. His description of the personal appearance of the President of the Cuban en the Diario is pleased to call incor- rect, not because it has any foundation for its as- sertion, as no Spaniard has seen Cespedes for the pest five years, but the Diario builds its logic upon he supposition that it 18 gencrally believed among ‘Spaniards that THE CUBAN PRESIDENT 18 BLIND, or nearly 80, and that Henderson speaks of nis clear and penetrating gaze. Henderson’s conjec- ture also, that if the authorities had known of his interview with Cespedes his life would have been in danger, cited as a proof ior his silence cencern- the same until his arrival in New York, is called a piece of perfidy in so far that General Riquelme had placed Colonel Valera’s colamn at his orders to proceed in whichseever directton he pleased with the intention of finding the President of the Republic, The Diario devotes two columns in this morning's issue to review Mr, Henderson’s interview with Cespedes, and, to its own satisfaction at least, sup- poses the conference to be imaginary. However much the Diario may argue TRE CUBANS BELIEVE TUE REPORT and swear by it, and the Spaniards never do be- lieve anything against their interests. MAYARI SACKED BY THE REEELS. Farther trustworthy reports from Mayarl state that on the night of the 12th that town was at- tacked at three different pointa by the bey | 600 to 600 strong, and that after sacking some ol the stores and burning several of the houses the; retreated with the boo A private letter, writ ten at Gibara by a Spi officer, has the follow- mg about THE ATTACK ON HOLGUIN:— “Insurgent forces, under command of Vicente and Calixto Garcia, having me Wi Jearned that the commanding officer, Colonel Weyler, at Holquin, with the greater part of his forces, were away, entered that city on the 19th, at midni ht, surprising it com; add The garrison at the time ‘was composed of but fiity men, left behind by the Governor, and the volunteers of the place. The insurgents held possession of the city over four hours, or until daylight, Seventeen of the largest stores, principally dry goods and provisions, were sacked; also @ namber of government offices. Tue rebels obtained possession of a large sum in Spanish bank notes and gold. The garrison and volunteers endeavored to resist them, but suffered loss of forty-one, among tlem five oficers, in- cluding Majors Valenzuela and Rubio.” This disaster to Holquia and the general activity again of the insurgents in the Eastern and Central departments have cast quite A GLOOM OVER SPANISH CIRCLES and added to the recent changes, and orders in re- lation thereto even makes it apprehended that the disaster reached even greater proportions, Num- bers of wounded soldiers, even to hundreds, have recently come into Havana, The volunteers have been again assigned to garrison duty at the forts, replacing the regular troops to the number of some four hundred, who had, since their arrival from Spain, been suifering from sickness. These troops have been sent to the-front, and left in the steamer Marsella for Gibara, where the alarm and fear are greatest. This steamer also took Brigadier Chinchilla and @ military fiscal, Colonel of cavairy Selgas, charged with the duty of com- mencing proceedings to court martial the Governor commanding at Holquin, Colonel Weyler, who has since been relieved of his command, MAGARABOMBA’S MISHAPS. The insurgents have also been active otherwise, and on the night of the 22d, under the command of Agramonte, attacked the town of Magarabomba, and sacked and completely burned it; but, ag 1s always eye: were repulsed after burhing a number of thatched houses, Why are they not repulsed belore burning the houses and otherwise pecuring the ohject of their attack ? TWELVE REBELS LESS, A recent telegram from Puerto Principe reports the surrender of nine men, one woman and eight children to the Spanish division at Arroyo Blanco, A ng pay of the ist to General Riquelme from Colonel Marin states that the insurgent Colonel Isidero Benitez aud the doctor of the Villas José Alego Giront had been made prisoners and a ne; killed. Another telegram from Puerto a says that the Puerto Principe division and troc! contra-guerilla, in operations near Catalinas and Santa Rita, fought and dispersed an insurgent band. The rural guard on duty at ‘aan drove of @ party which attacked them on t! bt co gery ¢ ¢ night of SPANISH REINFORCEMENTS. The Spanish mail steamer arrived at this port yesterday, having previously touched at the port of Gibara, and there disembarked 600 fresh troops. ‘Two hundred landed here. ‘The majority compos- ing this reinforcement are Carlist prisoners, who have had their choice between serving national tn- tegrity in Cuba or imprisonment in Spain, SPANISH OFFICIAL CHANGES. Brigadier Francisco Acosta y Alvear has been sypoinied aud has taken charge of the Governor- Bh 1p and Commandancy General of Puerto Principe, 1m the place of General Fajardo, Brigadier Franch took command of the Gom- manc ay, General at Bayamo on the 27th, and Coldne} Montaner, lately returned from Spain, has been given the command of three corps of contra- guerillas to operate in the Central Department. CLATMS AGAINST BPAIN. Referring to the mixed commission appointed to take testimony rélative to the claims against Spain for damages, composed of Vice Consul General Hall and Ex-Judge Batanero, of this city, the Diario calls the famous, or rather infamous, Gardner and Meires claims of the Mexican war, and not doubt but that even more strenuous efforts will be made here to prove {aise claims and losses through the Cuban war, although it states its conviction t such attempts will fall, as the greater part of the claimants are not citizens, while others who have lived here have nothing to claim, but that the unheard-of pape a ne ‘esd & double cr hip will not be con- THB CAPTAINCY GENERAL, reports, General Candido Pieltain have u chance for the tment to 1d of this isiand. Lieutenant General t Di the Civil Guard in ANO/HER CAMDIDATS FOR According to e Pieltain ts at present Director of Spain. He fought through the war with Airica a8 colonel of the Prin iment Fank of rigadior j pabsequsatiy ke: wast promotes romoted for other services flola anerall Aino dels merahal dostenant fation he was in. Coralia, Dut although repeatoliy urged by General Prim, refused to engage or take pet in the movement. General Pieltatn is said to & wealthy map, and in politics of advanced ideas, THE BPANIGH BANK OF HAVANA. In view of the recent death of Don Mignel de 18 Puente, Direetor of the Spanish Bank of Havana, the Board of Stockholders met to elect his suc- cessor, the three persons chosen from whom, &c- cording to law, the Captain General chooses the successor, are Don Juan del Valle, Don Fernando Biancoand Don Ramon de Herrera. Asit oupeen that the former recetved the absolute mae nt of votes, the choice will probably fall on him, bank recently ordered the payment of a divi- denc of seventeen per cent a e profits of the latter six months of 1872. “a anecdotes are current in business circles of the k's mistaken attempts at financial speculations, SNUBBED. The Spaniards in Cuda have insisted in stating to the home government, by meaas of a telegram from their representative coterie, the Casino Es- iol, their conviction as to the inexpedtency of 6 political reforms to be introduced into Porto Rico, and the President of the Casino a few days since recelved a telegram from the President of the Council of Ministers and the Colonial Minister, in reply thereto, which it is supposed teils these people “to mind their own business,” CUSTOM HOUSE FRAUDS IN HAVANA. The Intendente last week published an order which, for ite Spepampled, severity, haa strack consternation to the entire Oustom House officials. Hat made @ scrupulous examination of tho Custom House entries, he has found a long series of impli mary of even to the Collector himeelf. He recapitulates is long order the fraudulent inaccuracies, and removes, without any compunction as to their pee oe te highest BOS ee Nhe toms, rately charg! m. connivance and knowledge in the frauds. The whole batch of removed officials heid a meeting to see what they were going to do about it, but lor the present can- not help themselves. This will onl id greatly to the pressure vrought to bear upon the government to relieve the Intendente. ‘The publication ofa new dally evening journal called La Kuropa was commenced on the 1st ist, ‘This journal 1a to be sustained by Malueta, Bars, Herrera and others of the same common interests, run for the selfish benefit of these slaveholders, andin politics is naturally to be strongly retro- grade, Its firat articles already show 4 decided ¢ of hostility towards the United States. A TERRIBLE SPANIARDS TERRIBLE THREAT. The Diarto this morning states that the director of El Cronista intends to sue the editor oi the New York HERALD for dam: THE CRONISTA’S TINKRR TINKERED. ‘The Diario reproduces the Crontsia’s item that Dr. Tinker, the dentist, had left New York for Jamaica, commissions by the revolutionary agency of Cuba libre. This ie incorrect, as tt is well kKnowu Dr, Tinker is at present in Puebla, Mexico, practicing his profession. THE BALL SEASON. Early Engagements on Terpsichore’s Tablets—Brillinnt Social and Charita- bic Balls—Masquerades and Merriment. ‘The ball season of 1873 may now be considered to have fairly commenced, and that it will be as bril- lant as any of its predecessors seems probable from the large number of fashionable sotrées dan- gantes announced for the present month. Very many of these bails are for the benefit of asylums and other charitable institutions, and votarles of Terpsichore who attend them will have the satis- faction of feeling that while enjoving themselves they are contributing to the welfare of the widow and orphan, the poor and needy. Paterfamillas cannot grumble much st the milliner’s bills which shower in upon him when he reflects or is poutingly told by his pretty daugbters that he is “killing two bird# with one stone’—id est, acting charitably by subscribing to a meritor- ious institution and aiso giving pleasure to his chl- dren, Moreover, materfamilias resigns herself placidly to the trouble of shopping and directing seamstresses, in the hope that her dear girls may beam so bewitchingly at the ball that they will soon be “comfortably settled In Iife.”” To-night Momus will hold high carnival at the Academy of Music, the annual masquerade of the Cercle Frangais de Harmonie being arranged to take place therein, and on the following evening the sixteenth annual ball of the Matthew T. Bren- nan Coterie will occupy the floor of the Academy, On the 15th instant the Forty-seventh regiment will give ® promenade concert soirée dansante at their armory in Williamsburg, and on the same ht the fourth annual ball of the Lincoln Union will take plase im Apollo Hall, The Infant Asylum grand ball wili be given at the Academy of Music on Thursday next, and judging by the rapidity with which the tickets have been sold, it promises to prove a grand success, On the 17th inst. the Adama Express veal cod Association gives ite annual bali at Irving Hall, and on the 20th the New York Transfer Company eo Express) hold their fifth annual hop in pollo Hall, while simultaneously the Twenty-sec- rote infantry “thread the mazy” at the Academy of Usio, ‘On the evening of January 22 one of the principal balis of the season, and one which has always been attended by the eréme de la créme of New York so- ciety, will take place at the Academy of Music. This is the sixteenth annual ball ef the Youn; Men's Association, given in aid ot the New Yor! Reman Catholic Orphan Asylum. The very com- mendable object of this ball always Induces a large attendance of the beaw-monde, and the manner in which it is conducted tmvariably makes it finan- cially successiul. The asylum receives a very large portion of its revenue from the proceeds of this entertainment, and that fact alone is sufficient to commend it to those who combine benevolence with a fondness for saltatory exercise. On the 27th instant the Academy of Music will be decorated for the forty-fourth annual ball given in aid of the widows and orphans’ fund of the late Volunteer Fire Department, This is the last ball that will be given by the asso- elation, and, a8 its object is a charitable one, it will probably be well attended. On February 4 sitks will rustle and fairy fect Sip laney over the polished floor of the rag oe of Music, for on that date the annual Charity Ball will be held therein. Surely none of Dame Fashion’s fair daughters or the swains who seek their smiles will be able justly to complain that the season is a dull one, and to sigh for the giddy whirl of Europa’s capitals when 80 much gaivty is going on in their own beautiful Empire City. CUSTOM HOUSE AFFATES, A Heavy &pring Trade Expected—The Business in the Warchouse Division in 1872 Over $20,000,000 jer Than in 1871. y AD active business season ie expected at the Custom House, for which every indication is at hand now. Our merchante have been ordering goods from abroad very liberally in antictpation of prosperous Spring trade. Ina short time these wal are about to be landed. The immense ocean steamers a8 they arrive are freighted to their utmost capacity with precious cargoes of ali kinds of merchandise. The tariff question being definitely nettied for this year at least, the importers need not fear any interruption in their trade consequent upon a digaryanged sclicdule of duties, as was wit nessed last August. The business done at the Custom House during the past twelve months in the several divisions generally. and in the Third, or Warehouse division in particular, has been immense. The following is @ copy of the annual report rendered of the latter in R: ie Secretary of the Treasury through the Col- jector — TRANSACTIONS OF HE WAREHOUSE DEPARTMENT FOR 1872. Entries. Warehouse. warehouse ‘Transportation Ww’ re house an Reware! Canada. exports, Foreign exports, Class (or manufacture In bon) ‘oreign €x pot Jase 2 (01 ufacture in bon). na ia exports Clase 2 (or manufacture in bond) xportto Mexico.. " . ‘xport to Meaico, tion... ewarehouse and Canada exports. Rowareh ouse and Canada exports... 110 Warenouse entries, liqu * en 805 ntries ready for liquidation December 31, 1872... "106 The above figures demonstrate a vast increase over the business of 1871, and in the duties paid on withdrawals the excess over the previous year is over twenty millions of dollars. The number of kages received in the public stores during the past month for examination 13,168 ‘mit Num and . as by of packages transferred Ouse . WILLIAMSBURG WHISKEY. At ten o'clock yesterday morning a youth named Amos Borrowick, seventeen years of age, left his residence, 164 McKibben street, Wiillamsburg, in good health. At twelve o'clock noon the young escorted to his home by Mr. Joseph man was Foster, of 134 Maujer street, Amos was then deeply intoxicated, and in forty minutes afterward he died. Coroner Whitenill notified of the death and he will Loni, 4 proceed to investigate the case, There is a suspicion that the young man was poisoned, and ho undoubtedly was, but whether by ordini ager tye whiskey or not is yet to be JUSTICE IN JERSEY. _—— A Descendant of the Norman Cru- saders in Camden Jail. THE WRIT OF NE EXEAT AND ITS OPERATION Three Months in an Underground Ce!l for No Offence. A BARBAROUS RELIO OF THE PAST. The Story of Dr. Vava- sour Noel. —$—_-— LOVE, MARRIAGE AND DIVORCE. Campen, N. J., Jan. 13, 2873, ‘The hamane element of society in this city and vicinity is just now considerably exercised over the cage of Dr. John Vavasour Nocl, who for the past three months has bees lying here in prison in @ cell five feet underground, where he might.con- tinue to He till doomsday if some kind-hearted people had not beatirred themselves im his behalf and made public the mfamons law Gnd, the in- famous proceedings by which this gentleman, on & ‘writ of ne exeat, sworn to by witnesses with whom he had had no conversation for six mouths prior to the filing of their affidavits, was thrown into jal to await the good pleasure of the Vice Chancel- lor of the State. In our administration of what is called ‘Jersey justice’ we are apt to forget that even in this State of rigid righteousness very cruel and tyrannical things may be done under form of law. In THE REVISHD STATUTES OF THE 6TATE it 18 decreed that the Court of Chancery shall be considered as always open for the granting of in- junctions and writs of née exeat, to prevent the de- parture of defendants from the State, but no writ of ne exeat (which means no going out) shall be granted unless satisfactory proof be made to the Chancellor that the defendant designs quickly to depart from the State, and if granted the Chan- cellor shall direct that the sum of bail and the surety or sureties be endorsed thereon. The thing is 60 Obvious that it is unnecessary to point out the opportunity afforded by this law for the unscru- pulous and malicious complainant in @ case to wreak his vengeance on @ helpless and perhaps innocent defendant. notgh for him to procure a couple of witnesses to swear the defendant has an ntention of leaving the State and he is forthwith thrown into jail unless he can procure the im- moderately high bail which Jersey judicial au- thority dcems St to affix im all such cases, A RELIC OP BARBARISM, ‘The statute as it operates conflicts directly with the humane and beneficent spirit of modern consti- tutional law, It 1a truly a relic of barbarism, and must certainly antedate Magna Charta ana ite brightest gem of wise and merciful inspiration, the habeas corpus. Happily, New Yors State has wiped off this disgrace of its statate books, but old fashioned Delaware and New Jersey cling to it in allits repellant antiquity, It is doubtful if those curious lovers of reason and cquity, the people of the Western States, would permit the enforcement of this statute, even though incorporated in thetr State laws, Ifamong them a friendless man, for no offence whatever, were immured in a loath- some cell to languish and rot at the pleasure of @ State official or unttl Heaven inspired some bene- volent peopic of wealth to subscribe his enormous bail, those plain-thinking, plain-dealing people of the West would be very apt to pull down the jail and get the prisoner free, In this State, however, there is a calm and Christian conservatism beyond all eulogy. ‘rhe complacency with which these people cansee an awry movement of the law twist around and strangle an innocent victim is not so common west of the Alleghanies. I came down here expecting to find much exaggeration respecting the case of Dr. Noel, I thought it impossible that anything #0 re- pugnant to our ideas of law and justice as impris- oning man for no offence in the jail for common criminale, in a cell only fit for a dog kennel, and demanding of him impossible bail, could ever have happened on the soil of New Jersey. The facts, however, surpassed my worst expectations. THE PRISONER IN THE UNDERGROUND CELL. Jt was moonlight and bitterly cold when, in com- pany with a merchant of Philadelphia—Mr. J. H. Reall, whose warm practical philanthropy in behalf of @ penniless and unfortunate sufferer from ‘‘Jer- sey justice” has at least the merit of being rare in this section—I called atthe prison, It was past tho hour for admittanee, and John, the conscientious night watchman, loeking through @ transparent hole on the frosted pane beside the massive doorway, said it was “altogether impossible for any man, woman or child to be let in at such an hour.” Finding, however, that a HERALD reporter was on hand, he. went to the Sheriff in his room up stairs, and: that obligi official gave orders immediately to honor the visitor’s application, A descent of five or six fect brought us on the base- ment or prison floor, above which ts the Sherii’s residence, and above that the court rooms, A broad, whitewashed, well-lighted corridor le4 from the steps, by which we descended to an open, masey, iron rtition, In the centre of which was an opening that marked the entrance to the prison proper. Inside this the most notable object was a fierce bull-dog, “harmless as a child,’’ as John ob- served, “to everybody but a prisoner. Tear a prisoner to bite if he stirred to escape.” This is Jersey economy. Passing through another iron par- tition into a low, oingy. corridor, we soon reache@ the cell of Dr, Noel. He waa in bed with his clothes on, and complained of feeling nervous and feverish, He had that day met his wife in Court, and she had tarned up her noge at him. She has been seekin, ‘a divorce from him, and the story of the case wil presently be told. Shaking hands with the Doctor kr ben the interstices in the iron lattice door of his cell was quite an ingenious performance, re- pipe | something more than a simple turn of the wrist. The ATHOSPHERR OF THE CBLL sent out asickening odor, that in a horrible way reminded one of the Morgue: and the preter- natural pallor and gra air of the prisoner (@ highly refined gentleman o! only twemty-nine years) brought up the Prisoner of Chillon very vividly. The cell was large enough for a single priseaer, but it was designed to accommodate as many as three or four in an ¢i ney. Lookin to the furthest end from the we not some attempt at @ supper was spread on @ bench in close proximity to a naked funnel- shaped water closet, on top of which @ newspaper was spread to render the insiduous aroma less offensive. A hollow cylinder close to the ceiling was intended to warm the cell. The Bee ited that while it had the capacity to set head on fire it left his feet stone cold, A BROAD, DAMP STREAK extended aeross the ceiling and counteracted whatever good intentions the cylindrical heater might have. Jn the silence of the night a mob of rats held @ carnival on tho floor, and ali such howsc- hold pests as bugga, fleas and cockroaches claimed pre-emption fights everywhere in the cel The risoner waa profuse in his expressions of grati- ude towards the kind-hearted Sheriff, who done much to ameliorate the woful mi of his position, Looking at him as he saton littie wretched bed near the cell door it was hard to whaneld from him the largest measure of sym- > ‘. Pe JiTHOUT A PENNY AND WITHOUT A FRIEND, except such friends as the story of his aphappy fate had brought him; forced from his wife throug) cruel and baseless oe made to ner by those who had an ulterior motive io securing an eternal separation between them; thrown into prison on the pretext, that he meditated leaving the State and retaining the way of his own child, it was Mttle wonder this young ma! sprung from some of the most ancient families ingland—the Nocis of Lord Byron) and Vavasonrs—a ith high of the first College in Canada, and son of @ once promi- nent official of the Dominion government, should have succumbed to the trying character of his im- prisonment; that the color should leave his chi and the jet of his hair turn to silver, the privoner ani" in reply to the quenuon jwoner iy n how he fared:—“l cannot say too muoh for the Sheriff, He is very kind and considornte; but of course I suffer what no action on his part can alle- viate. He cannot Cg | certain limite, He cannot reconstruct this cell nor incur expense to introduce ventilation. I am looked up seyen in the evening to seven in the morning. I am Ned of ® cold night to w: all the bed cove around feet to keep freezing, while 1 trust my clothes to ‘reat of hiy boly Warm, You see what a sickly the ne 5 this Iemp gives, bat you cannot conceive the gloom ¥ feel throughout the wakeful hours of the night, Frequently I cannot sleep, and the hours appear ake es, TO one of my temperament this exist- ence terrible, and espec! when there has been no previous experience of anything like it, Of course I have lost flesh. You see how emaciated my hands are; but the physical suffering is as nothing to the f of mind under which I labor. I saw my mother-in-law, Mrs. Har- in the co! and she cast a strangely reproach- fetaianes fants T also saw my wife, but sie turn- ed away her head with an expression of mingled scorn and disdain, My mother-in-law was kinder to me than if I were one of her own children, and Icamnot believe otherwise than that she and her iter have had stories told them during my absence in Canada intended to prejudice them so Against me as to produce complete and eternal altenation, I was (iy no Opportunity to hear the which this divoree suit was brought nor no chance to vindicate myself, A man is sup- to be innocent vntil he is proved guilty, but pposed to be guilty at the start, innocence no opportunity has The lawyer I deserted my cause I had no longer any money to give him, Colonel James M. Scovel, and Mr. Abeel, Prose- cutor of the Pleas of Essex eounty, are now giv- ing their services in my defence without fee or re- ‘ward, and not alone that but money besides.” SKBTOR OF LORD BYRON'S KINSMAN, Dr. Vavasour Noel is tall—nearly alx feet—of @clieately chiselled features, dai intelligent bit curly hair and mustache and side whiskers ofa light texture. He had on an old gray woollen shirt and an old suit of clothes, none too soar ory able for the time but, however unfavorable the condition of his apparel, there was no d the character of the man for intelligence and go breeding. He spoke with Sans fluency and an en- tire absence of passion. He believed himself sadly wronged by his wife and mother-in-law, but he was willing to believe that both he and they were the victime of designing people, He sald, as the latcst proof of how remorsele he had been persecuted, somebody told the Vice Chancellor that he (Noel) had expressed his determination rather toe rot in rigon than give up his child to an order of the and the Vice , ming this wompt, responded, ‘Then let him rot.” le never made use of the expres- xp ion thi ve) ho Vice Chancellor. Meat all ‘the pat mi Be better “anderstood I shall now proceed to tell the story concerning this young man, and, as you will see, it is not. without its element of interest—tn fact, tt 1s remarkable as an instance of what little account are the personal rights of a man who has neither influence nor money to assert and protect them. THE ROMANCE OF THE STORY, From Mr. J. H. Reall, Colonel James M. Scovel, Mr, A. H, Stiles and Dr, Noel himself I learned the folowing facts:—Dr. Noel was born in Canada and graduated at the Queen’s College of Kingston, Ontario, He came to Pi lelphia when he was about twenty-five years of and soon after received an engagement take charge of an acade at Moorestown, in this State, about a dozen miles from here, on the Cape May railroad, His beauty and accomplish- ments attracted towards him a good many female admirers, among whom was a Miss Harris, who songht an introduction and fejl in love with him at once. Miss Harris was the granddaughter of an Englishman of the bdourgeoiste class whe came to this country many years fo and accumulated @ great deal of wealth. The name and family of Noel had 8 nat- ural magnetism for her, and she resolved, though Noel was as poor a8 the editor of a religious paper in a mining country, to lay all her fertune (abouta quarter of a million) at his feet, Noel was made happy while he presided oyer the academy by the daily visite of Miss Harris in her carrtage, and still more happy, and perhaps utterly smitten when that young lady insisted on taking him home regularly in her stylish equipage to dinner at an equally stylish mansion in Moorestown, where gas for household consumption was made on the premise where a hydraulic ram supplied the water an haif an acre of the garden was covered with a grapery, @ conservator: and an apiary. Miss Harris wi of medium bes with great iustrous eyes and a wonderful wealth o: hair. She was a girl of immense vivacity, strong will and capricious attachments. She Gresged gn a level with the most advanced standards of fashion, and at Cape May, Long Branch and Saratoga never failed to make & most decided sensation, Having determined to marry Neel the thing was as certain of being accomplished as if she had commanded her dressmaker to make @ new robe, The only hope for Noel, if be meditated rejecting her, was to flee to the uttermost enda of the earth; but the conditions were too tempting to be lightly disre- garded, 80 they were marri in Philadeiphia in 869 by Rey. J, Wheaton Smith, Some time after the family, comprising Noel, his wife, mother-in- law, brother-in-law and two sisters-in-law, moved to Philadelphia and left the old mansion to some wealt! tenant. Noel practice as a physician, but as ever dies in Philadelphia of anything cise but old age and bad whiskey, bis income from his rofession never made the money market tight. jowever, if he did not reap success, he tried to de- serve it.’ In the meantime, nis life was of an ex- ceedingly able kind, Ho had the entrée to the best society, and his SHINING SOCIAL QUALITIES were in re: tion at every board. Speaking various langui an apt pect and prleremnasst, brilliant in conversation and well up in classic lore, 16 rose conspict above level duinees and Ce lace of the City of Brotherly Love. Hav- ing sat led himself that physic was only fit to be thrown to the fogs, Noel accepted a commission from hig mother-in-law, Mrs. Harris, to look aiter woodland of some ee ietee hers in Pennsylvania, This he did to the sat tion Of the oid lady, and on returning to Philadelphia she gave him $4,000 to enter into im the wholesale business on Market street. ‘NOEL LEAVES FOR CANADA. i, ed laeneaeas i's ee cted, a 1D ear, his ealth break! ‘down, he resolved to go to his moth- ing er’s home im Canada for @ year, to which he was ia by his wife as well to restore his system as to break off the fashionable habits ot It he had contracted in Philadelphia, His parting from his wife was of a vory affectionate character, though it proved the last time he was destined to embrace her. Shortly alter ho reached Canada he received the following LETTER FROM HIS WIFR. Danuine Jacn—Ot course I have no news to tell you in short » but I ht It would be, + to £0 shor! Hine, byt I shone s wore. a _comior' . It Stace onl; wil Joo! forward he end of the and think how happy Wo will be then if all goes right, as I hope and pray it will, Think, dear, how much happiness or misery de- Pends on you in Only one thing, and pray Ged to a-sist You to resist every temptation. 1am jooking anxiously how every moment fora telegram trom you. Darling it tle Jacky (their eldest child) has asked for papa several times, I shall talk, to him of you every ‘ull you come back. Dear little baby is az good ax can be. I shall write to you very ofter will do and if you are tra’ say you are safe. I ing by this time, bat darting, ) Yell me everything and hopes and graigtien and always very dearly, Ged bless and protect you, my darting, is he constant prayer of your loving wife, 8 brayer of Your loving Witky v, V. NOEL, Two weeks APTER THE LETTER WAS WRITTEN Mrs, Noel wrote another, saying that, on account of certain information she had received concerning him, she would never live with him again. This was in April last, During the subsequent six months he returned to the States four different tl cag ke secure an interview and explana- tion from his wife on what seemed her yoo inexplicable course towards him. Failing in all his attempts, he resolved upon taking forcible or surreptitious possession o! One of his two children, the el aa 0 he drove out to his former happy home at Moorestown, entered the dwelling un- noticed and, seizing the boy while asleep, carried him off unmolested. The household were quickly made aware of what had happened, but it was too late. The hoy was beyond their reach, and a fow days later was safely lande in Canada. In the meantime his wife had entered bp nate in @ divorce suit against bim, and the atimony of some half ‘a dozen witnesses was taken to prove everything but the one thing needed to secure a divorce according to the laws of New Jersey—namely, the commission of the crime ot adultery, or two ra’ wilful, continued and obstinate desertion, How the latter requisite ‘was finally secured wiil be related directly. {That Noel was very much beloved at one time by his wile and all her farably there is no doubt. This fact excited a good deal of jealousy among some ot Mra, Noel's former admirers, natives of Moorestown and to the manor born. Of these was a Mr. George ‘T. Chamberiain, of whom Noel made a bosom friend and confidan: Mr. Chamberiain’s testim: in Dehaif of the sult of Mra. Noel saan shows he carefally noted all the human we: ‘of hi friend, and when the time came he entered an interminable amdavit against him be his wickedness and _ ju iy Mra. in ber action for divorce, He testified that his iriond oecasionally got drumk, and while in that condi- n boasted of his in’ ith women. He saw he ou will the same, ‘ing ‘aod cant write telegi aph 10 hi stop] drink. ee eto of shone itastreted, weekly papers session re that aevore to pitts in it devor iver eriminal life, He settled ham, Noel & Co, when went out of business, in) was made their assignee, and he was aware of the fact that Noel never paid back the $4,000 bis mother- in-law lens him. But all this evidence of Mr. Cham- recording up the books of Cott La me insolvent ani berlain who (now that Noel is diagraced and in |) Manages the business of the Harris —* lucrative job which erstwhile was ae yg tntiiy a comrtin the State of Ne Jersey in t- {og a Aeoree of ivorce, i wit si though another witness ior the erence swore this was an untenanted house, ‘— af Sy bert ts ae evening at thi nes. alter’ he came there. he ett! wie hs ee) ae aa Mendserchicg abd'Y pletce k tp sala me, “J. V. Noel.” He told me afterwards his Noel. He had before told me in m: room tl iis nan wa Doctor Noel. Be ee me se a fegenn v.} eek That is the way he ald jo‘uduress itt ho V. Ne Sohn V. Noel, Merchantville.’ DAMAGING TESTIMONY. The defence produced witnesses who swore that Fanny Smith, with whom Mrs. Bennett said she lived in 1871, died in 1870, and yesterday they brought forward testimony to prove that@ ‘detec- tive named Stephen Fran! had been lured by Chamberlain to get the woman Bennett to give the above evidence on @ promise of $150. Thus stands the case at the present moment. None of the witnesses for the prosecution except the complainant and her mother-in-law can be pre- vailed on to appear in Camden and unde: cross- examination at the bands of the counsel for the defence, Colonel Scovel. How Dr. Noel came to be thrown into jail was in this manner:— ARREST OF NOEL. After having conveyed his little boy to Canada he reapers in Camden last October to file his answer in the divorce suit. While waiting for the issue the lawyer for the complainant, Mr. James Wilson, proceeded to Trenton and procured a writ of ne exeat from the Court of Seoneos On this Noel was cast into jail, in default of $8,000 ball, and the motive alleged for this coursé on the part of the prosecution was to make him surrender up his child, on whom, as it is also alleged, a reversionary interest in the fortune of Mrs. Noe! was settled, AN APPEAL FOR THE PRISONER. So much 8; nar was excited in the commu- nity pe pera the’ darengant ry ane iolowing requ yy alarge number of the citizens sf cane len, Was addressed to Colonel James M. vel :— Dean Sre—The ande 4, desirous of obtaining Fe euntary aid tor Dr. John V. Noel, who for a long time has been snfferit imprisonment and persecution, having been conftued’ for months in the county jail under the odious provisions of yf ne exeat, and high! shown in acti ry mce, and recogni shinent ability and fitness, we would roopecttully eat you to deliver a lecture, to the citizens of Camden for De. Noel's benedt at such tine end place as may best suit your convenience, It is tobe hoped the petty. given this matter ‘will induce the legislators of New Jersey to look into the operation of this odious writ of ne exeat. THE DARK SIDE OF BERLIN. [From the Pall Mall Gazette, Dec. 20.) “Berlin may be great, but is Berlin happy t* dolefully demands Herr F, A. Held in a recent brochure, ‘Strangers who promenade under the linden and think Berlin an abode of pleagure should 100K a little closer, examine the sullen and discon- tented faces encountered in the streets, and after- wards visit the poorer quarters, enter the houses and witness the misery that reigns there. Berlia has become the capital of the world, say, certain people intoxicated with their own foolish prides the capital of the world if they will, but the world: of misery and rascality.” Out of a population «, 833,000 no fewer than 125,000 are inscribed on the lista of the administration for public relief, and the municipality, the parsimony of which is pro- verbial, has to appropriate a million of thalers of ita revenue annually towards the relief of the known poor of the city. As to the criminal classes of Berlin the 7ribeune pronounces those of London and Paris to be models of virtue in comparison with them. Ino Potente recently published in Germany, entitied “Berlin’s Moral and Social Condition, Reports”—a pamphiet after the Berliner’s own caught up and transiated in France with mach promptitade—an elaborate account, based on abundant statistics, 1s given of tne misery and social degradation that prevail in the capital of the new German Empire. Of this confession of the Berliners themselves we pg ae to give a résumé, De sesnay of the scarcity of lodgings and the high rents extorted by the Berlin honse ee it appears that the poorer inhabitants of the city who desire the shelter of a decent roof have to al- most half their incomes to their landiords, Pore. over, according to the census of 1867 there were no fewer than 14,202 habitations in cellars occupied by 63,000 persons, borat ¢ that nine per cent of the population ve in these wretched dwelling places. Moreover, there were 18,534 lodgings without kitchens, and 2,265 without a single room containing a fire- Place; 111,280 adults and 58,736 children, or 169,016 persons in all, were crowded into 15,574 rooms with fireplaces—that is to say, about twenty per cent of the total population were crammed into apartments of insufficient size, Since that period upwards of 200,000 souls, belon: for the most part to the poorer classes, have. added to the bf bene while, on tke other hand, very few igings suited for these classes have been pro- vided. Accordi to the report of Dr. Schwabe, director of the Statistical Bureau of Berlin, there are at the present time 375,000 persons occupying apartments, only a single room of which possesses a fireplace, while 181,000 have [gcse with two rooms containing fireplaces, If the landlords have become more pressing than ever in regard to their tenants, it is simply because they are more pressed themselves, for upwards of three-fourths of the house property of Berlin belongs not to the land- lords but to their creditors, An article im the Augsdurger Zeitung (No. 276), apparenuy ins yy the government press bureau, states decisively that ‘the government would not allow iiself to persuaded to provide abodes for the indigent, even if py doing so some mad excesses”—such as continually recurring riots of a serious character—‘‘might be avoided.” “The real cause of our social misery,” it goes on to say, ‘lies in the corruption of the morals of the lower ere the cones in @ great measure of the scarcity of If the proltariat of Berlin were not so uncouth end brutal, and our system of education was not so detestable “vo impregnated with Judaism, which causes even the masters of the largest edueational establishments to despair, there would not be such @ large number of land- lords refusing te let apartments in their houses to poor tenants with large families, The insolence, ‘uncouthness and immorality of these people, with their troops of children and under-tenants, are so neral that one cannot really blame the Jandlords r rel to take them into their houses,’ Last winter an account was given in the BUrsew Zeitung ot the eviction of all the tenants of a large house, No. 22 Schillerstrasse, which had recently a hands. The tenants had received notice to quit, but, owing to the impossibility of finding other lodgin had failed todo so. The police, having turned their furniture into the street, next proceeded to remove all the doors and windows, whereupon some of the tenants sought refuge in a neighboring unfinished building; others found shelter under the wall of an adjacent factory, whilo several families lived literally in the street, sleep- ing on mattresses spread on the bare ground in - the winter season for an entire fortnight, the crowd that daily collected to witness this painful spectacle requiring the constant presence of the police to preserve order. At the same time the Berlin rs reported thas the woods in the environs of the city were iniested at nighttime by outcasts unable to obtain shelter at the night ‘lums, which were crowded to ex- cess. In one Winter's evening the police suc- cecded in arresting as many as 300 people, fifty- two being women, and all of whom been found sleeping in the op: ir. Others, it was found, had taken to living in caves burrowed in the and out in the fieids, and the entrance to which, firmly closed with planks, had to be forced by the police, when numbera of poor people were discovere: with nothing but some old sacks and some loose straw to lie upon. These and similar revelations: induced the Lai tung seriously to suggest the desirability of transferring the seat of governme| to el, as beyond the drawback of tie Athens the Spree not being in the centre of the Empire, it was scarcely possibile, it for @ government to continue independent In @ colossal city with a con- siderable section of its working population almost dying of hunger, and looking forward to the day, when “the social edifice might crack.” From the returns ‘or 1870 it rs that fifty-two pet cent of the total population of Berlin belonga 0 the working classes, about one-third of whom are attached to the varior in and around the city. “The badly ventilated workshops and dwellings of these people,” says Dr. Schwabe, “are fatal to their heaith, and impart something gloomy and reserved to thelr characters, Their mation, is, Moreever, segrareted by the state of extreme dependency in which they are By by the im- a improving it and the smatiness of heir salaries. One has always remarked among these workmen a particular propensity for sensu- ality; moreover, wherever riots break out they aro cer to be strongly represented, and the jal- id the state of Kerlin so favorable to their projects that Herr Hasenclever, president of the meral society of German workmen, nofified that had, by-an immense majorit, decided to hold” ita annual 60 the the Prussian ho ee movement shroughoat Sormany.? At. o1 “ihe soclety, sayethe Gazette a? they, will never be contented ever be com Haot oh i olities before tte Ecclesiastical Asse: Tae ‘Out of @ population of 440,000 less 4, at vine worship; ‘and with the these, said the Court preacher of th ie “amber, of churche at Poets. deatlus the Vols has steadily: creased ati it has fallen to one per cent of tha In particular districts the ats adalt populatim, than at certain Lon tendance is even more scant, don churches (where the failing off of the con ‘be sal factorily accounted for), as it I ~ wr preacher : td forming the services, owing ta je person present to listen told, has even happened a i Eo a |