The New York Herald Newspaper, February 1, 1873, Page 11

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

> , E CO Mr. Nelson Chase on the Stand—He Testi- * fies as to Mr. O’Conor’s Integrity with Regard to the Case—The Great ¥ Counsellor Accepts No Fees and Repels the Attacks of His Adversaries. , THE FOLEY-PALMER INJUNCTION ; " Anothor Struggle Between the Pen That Is Qut and the Pen That Is In—Foley Still Writing Himself Down on the : Becords of the Oourt—The Case To Be Soon Decided. : Beste eae tet The he 2ring of the case of George W. Bowen vs, Nelson Cha 8€ Was resumed yesterday in the United States Circu't Court, before Judge Shipman and the special jury. ,The cross-examination of Mr. Nelson In the course of yesterday’s proceedings it tr, spired that Mr. O’Conor is giving his profession?! services to the defendant Mr. O’Conor has placed in elease to that effect. The trial was adjourned to Munday, when it will be Chase was conch ‘ed. > without compensation. ° the hands of Mr. Chase a again resumed, Captain Voss, of the steanssinp Pacific, who had been charged with smuggling, has\been committed by Commissioner Shields in defast 01 .$3,000 bail. The settlement of the order in the Foiey-Palmer injunction matter cume up for consideraiien yes- terday, before Judge Barrett, .at Supreme Court, Mr. Foley’s counsel submitted the * form of an order drawn, as he claiaied, in pursu-* ance of the late decision of the Coart, modifying It was finally arranged that the various other counsel submit forms wf orders in accordance with their views, and that thy same be 2 Chambers, the injunction, settled to-day or on Monday. & THE JUMEL ESTATE CASE. Tho Suit of Bowen vs. Chase—The Cron s= \.,#xamination of Mr. Nelson Chase Com: «) uded=Mr, Charles O’Conor Gives His Gratu- Ser Vices to the Defendant Atewm ‘ly, and Releases Him from Any Oblig. Stion to Pay. "The furty er hearing of tne case of George Wash- imgton Bow, ‘2 V8. Nelson Chase was resumed yes- terday in the bad, became perfectly sth "ing. Mr. Hoar, Mr. Shaffer ana Mr. Sawyer appeared a8 counsel for the plaintiff and Mr. Charles O’Conor and Mr. J, ©. Carter for the deyendant. € DEPOSITIONS OF WIN, ‘ESSES. Counsel for plaintiff requested x0 order from the " Court to take the depositions of cattain witnesses to be examined on behalf of the platinum, Mr. J. ©. Carter, of counsel fov defendant, strongly objected to this application, wontending that the plaintiff had had abundant opportunity to take all the testimony he wanted. _¢ Judge Shipman said he did not think thatat the present stage of the case he should be calledapon " to make an order for the examination of witnesses, If testimony was presented to him he would pass apon its admissibility. | CROSS EXAMINATION OF MR. NELSON CHASE CONTINUED AND CONCLUDED. ‘The farther cross-examination of Mr. Nelson Chase, the defendant, was then resumed. Bai : W. Bowen when Mr. in not tifink the statute ed by Rich: Ree to be checks or warrants = Connolly as Comptroller and A, 0. Hall, Mayor \< of New York, and endorsea by Mr. Chase; the , moneys covered by these warrants were payments in endorsed city; some the Benda and Townsend; counsel; Ihave received the inoo: istrators of the assets; I am receiving Sg of the lots, for $ owed Mr, ert; 000; aé the . 3, GC. Carter viees; Scudder & Carter bond and mortgage, with the interest md al mor! a reat; was for services rendered by Mr. Carte |) the end of the wil suit, and the warran: | to Scudder & Carter Was for the 000 d me money { Mr. ond m held Madame Jume! tor the time of her death; { received the it, and Madame Jumel up . of the got the inte: time of her deatn; the proceeds of t! to the Mutual Life Assurance Company, of York, for money received by me from them: I * Martin & Smith a retainer of $20; they have nd, nor ti aid; they have bee Back woes me; I never suit to Mr. O’Conor, ai at as long as he duct te). At Ein stage of jucing in Court, which I ember, 1 I think the on, and Bowen; I borrowed this to; on the last trial I thin O’Lonor $75,000; the date of the release day of November, 1872; Mr. O’Conor release to me; he said he would case if he was paid—to be Prrelen wat Liege possession of release were put into m: will; Ldid not Fant to e the O*Conor said he would not remain in the was to be 31 ited in the fall ferce in case you succeed in suit, will you ne mi mine A. Thad formed an intention of Ido not think I am insensibie to Q. Do you consider he has no you? A. No; I know what moral and [know also what my erence to this matter; under this release owe Mr. O’Conor one cent, nor do I be! would redeive one cent from me; im fac! that he would not: the ‘purport of the tor nsation—gra\ see Pair. O'Conor here Tean fe, ont of int the same oJ, Tucker, though Wahy years ago for Ly : = URTS. THE GREAT JUMEL ESTATE CASE. " BUSINESS IN THE OTHER COURTS. United States Circuit Court before * Judge Shipma? and the special jury. After the conclusion. of n\¢ Tweed trial, in the new Court House across the,Way, @ number of bummers and loafers, who have w *thing to do but lounge in every place where they cwx' find a seat, poured into the court room and filled &¢ to inconvenience, so much ‘0, indeed, that the afr in the apartment, always He I produce Madame Jumel’s family Bible; I (think I said at the last‘trial, not in words, bat in substance, that Madame Jumel told me my © -wife, Mary, was her child; on the former trial 1 do not think I mentioned to Judge Bradford that there was a claimant to the property claiming to be Madame Jumel’s illegitimate son; I do not think I made that communication to him; I have stated that I knew about the statute allowing illegitimate children to inherit from the mother; I first became acquainted with that law in @ conference with Mr. *., Charles*O’Conor, in the Spring of 1866; I do not for the moment remember that I was examined on that question at the last trial; 1 first heard of G. Bevine was down in Provi- lI dence making ls explorations; Mr. O’Conor was ssession of all the facts, and he sald he did pplied to grandcaildren; | Mr. Chase identified a number of papers which ap. to Mr. Chase for laying out a public square the warrants were ler, Carter Mr. Chase said:—Mr. J. C. Carver, of the firm of Scud- der & Carter, is my attorney of records and my of this estate since the death of Madame Jumel; Mr. W. B. Wet- more and Mr. William Jones are acting as —— at $30,000 a year from the propert fi I = aga consisting of two houses an end of the will suit [ his ser- $15,000; was included in the $5,000 | r down to | it endorsed | mnt of the wed them; I have and Mr. Bosworth; there wes ‘one ‘bond 16,000 at the came to me; it was assigned a speared In ay Court om motions fer me since that soney, oo Ene occasion ful BE fi i NeW YORK HERALD, SATURDAY, FEBRUARY 1, 1873.—-TRIPLE SHEET. has never tanked me for it, but has abused me then con- Mr. Chase's cra tinued in relation. 40 bis in! sritn Mra Vay. ervoort, He said—t er ‘ort said at my second inte"View with her, ° ence of Mr. J. 0. ey eee ame Jumet havin; a Mr idence ; cannot remember irs. Vandevoort sn invitation visit Heights; I do not think that after s!rs. Vandervoort son in Provi- said she heard of Madame "that phe aye a dence, { made any reply; plaintir said ‘on that subject ise r lie. The cirected cross-examination was yg rnd inquiries touching the age of Madame Jume! ani her passports for France, Witness said he did not furnish to the New YORK HBRALD the notice which appeared therein of the death of Madame and he did not know who did; he did sot know that his son William had any difficulty with Madame Jumel in 1855; he thinks that he testified on the last trial, that for a time Madame did not eat anything without witness or some member of his family tasting it; Mra. Pe the daughter o! the witn: was living either at Forty- fiith or Sixty-fifth street in 1859; witness furnished to Mr, Parton, author of the ‘Life of Aaron Burr,” with the information that he was related w Mme. Jumel by marriage—that he had married her niece ; he did not describe himself as “a young gentleman. timid and expe fenced”—that was the author's mode of describing things; never furnished Mr. Parton with the information that Colonel Burr's influence upon his students was bad. RE-EXAMINATION. The witness was briefly examined on the re-di- rect by Mr. O’Conor in reference to conversations and consultations between counsel for defendant as to whether certain statements or allegations in respect to the supposed fact Siok Madame Jumel was the mother of the defendant's would affect lis interest. Mr Chase said that when Madame Jumel was goihg to Eur im 1851 she wanted to take his daughter with her. He besi- tated about allowing her to go; she then said that his wie had been always brought up under her (Madame’s) control; that she her child, and that she claimed the right to con- trol his daughter and take charge of her; that was the statement Madame made about being the mother of his wife; witness knew that Madame Jume! had be:n married in 1804, and he had learned that his wife was born in 1801; if she were the daughter of Madame Jumel she must, therefore, have been born out of wedlock; that was all he had ever meant to say upon that subject, TRSTIMONY OF JOHN G, CARYL. John G. Caryl, sworn:—l was neh ge with Mr. and Medame Jumel; I have resided wpon the Jumel property; the homestead was thirty-six acres, and the lot above it was called the one hun- dred acres lot; my iather went to the mansion in 1827; I went te live there from March, 1827, until 1829; Idrove Madame Jumel’s carriaze; | know that Madame’s visits to the doneses tn 1837 were uite frequent; Mr. Jumel came there in 1828; the family then consisted of Mr. and Madame Jumel and Mary; they had servants; in 1828 Madame and Mary went Sonth; ghey were away pretty much tho whole of the Winteis Mr. Jumel constituted tue whole ot the iamily in fheir absence, &. While you were there did Mr. Jumel state any- thing to you as to the ownersbip of that property? (Ovjected to.) Mr. O'Conor sald he proposed to show that this pronerny bad been conveyed to Mary Jumel by jeeds. Mr. Hoar could not see that the question was material ‘or any issue in this case. They could not prove the conveyance of the property by the de- clarations or Mr. Jumel. In the course of the dis- cussion that ensued Mr. Hoar.made an allusion to Mr. O’Conor's gratuitcus services in this case, Mr. O’Conor said that when he had been charged with corrupting witnesses and bribing jurors, he determined that he would not submit imse)t to abuse of that description, and would act in the case gratuitously, It nad been set up that he was not to be paid unless this case succeeded. What had been set uv to wake ont that he was in agondition that corruption should be imputed to him. But*he did not choose to have that gross impntation put upon him. His learned friend mii laugh or grin at that as much as he pleased, Mr. Loar said he did not expect such a comment on a playful and small remark. Mr, O’Co.0r—A vey small remark, indeed. The Court.sdmitted the testimony. Q. Did Mr. agunel, wuile he was thuson the prem: ises and you yee working under him, speak to you of a power bagi given to Madame Jumel? A, Yea; In _1828 he said to me that uhder a power of” attorney the property had been so‘d, ana that affer his death and that of Madame Juwel the property Was to goto Mary Jumel. He said that the property had been sold out of his hanis; that he and Madame had @ sect- tlement by which they wese to enjoy the property during their lives, aud that after their deatns i wes ie go to Mary, with which he said he was sat- isfle Some further festimony having been given the trial was adjourned to Monday morning, when it Will be again resumed, THE FOLEY-PALMER INJUNCTION ena Discussion as to the Form of the Order— Pleasing Amenities of Counsel=Various Forms to be Submitted and the F' a Order to be Settled To-Day or om Mon. day, The settlement of the form of the order in the Foley-Palmer injunction case came up yesterday in Supreme Court, Chambers, before Judge Bar- rett. Both Mr. Foley and Mr. Palmer were present, as also their respective counsel, Messrs. Anthony R, Dyett, representing the former, and ex-Judge Edmonds the latter. Mr. E. Delafield Smith, the Corporation Counsel, put in likewise an appear- aaceon behalf of the city, while Mr. John 8. Strahan, wh invariably represents the Comptroller in all his varied litigations, was on hand to defend the legal tights of the last mentioned official. FORM OF THE ORDER, Mr. Dyett submitted an order drawn by himseif, copies of which, he stated, had been served on all the oppositg counsel. This order, as he expressed it, was drawa up precisely in accordance with the previous deck'on of the Court, which was so modifying the }revious injunction as to permit the banks to pay tothe Chamberlain oat o1 interest moneys in their hands sufficient to enable him to pi ‘Bo salaries allowed by law then due, and to become due, duting the pendency of the suit, to clerks and assistaxts in the Chamberlain’s office. Mr. Smith said he Cesired to be heard upon the point that interest money, like other public moneys, should not be paid either the Comp- troller or Chamberlain, except as imperative! demanded by law, upon checks countersigned by the Mayor and Comptroller. He urged that the or- der should 80 provide, and that it would be setting a bad precedent for the Coutt even apparently to sanction the payment Of the public money in any other manner, Mr. Strahan urged the same Wew of the case, and produced an afidavit of the Comptroller stat- ing that be was willing to pay the ralaries of the incumbents of the Chamberlain’s office upon J end vouchers, and that he had so hotified the Uhamberlain. Judge Barrett said that a | edo shoutd be in- corporated in the order that the eae moneys shontd only be paid in accordance with the sngges- tious of the Corporation Counsel and Mr. Strahan, PERSONALITIES BETWEEN COUNSEL. Jndge Edmonds said that such a provision was cunningly devised for a sinister purpose. Mr. Strahan—Not at all, I have been perfectly fair, open and candid in this matter. Judge Edmonds (looking 4 rs, but not using them) —If you are frank now it is the first time you | ee been so since the commencement of this liti- gation, Mr. Strahan (jooking sternly sav: —I have not been in this itigneen before. ase) Judge Edmonds (with a sardonic smile)—I mean | ee eget between the Comptroller and the Cham- #Mr. Sirahan (growing trate) —I refer to that, too. Sea n turning paeraseomute ain tic wren’ ka of | “Judge Barrett. (bringt jarrett (bringing down his gavel with marked emphasis)—This is quite enough of this, gentlemen. Mr. Dyett (seriously) —as far as Mr. Fol ir. Dyett ( —As far as Mr. Foley is con- cerned in his pny as taxpayer he Bas “only to see to it that Dublic funds are not wasted. The question now rammed by the Corporation Counsel and Mr. Strahan affects only remotely the manner of pegment, with wuich Mr. Foley has no right to interfere. a Barrett—I so understand it, ana I do not Ree right the Corporation or the Comptroller have to interfere. They are merely parties to the suit; but Mr. Foley has the right to vacate his in- Junchon i he sees nt. Van Nostrand, va, New York Guaranty and In- demnity Company.—Order placing cause on day Belmont —ora ome va, Ponvert et al.. jer appointing re- Raymond vs. Story,—Order ited. Whittak th Avenue. Railroad ange -Onder. Peals be made the judgmer ‘rell va, Tinkler.—Order of reference, lovey va. Quick et al.—Order granted. COURT CF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Brown va, Robinson.—Proceedings dismissed, O'Niell vs, Levy.—Motion denied. Levy vs, Fitzgibbons.—Memorandum for counsel. COURT OF APPEALS CALENDAR. ALBANY, Jan. 31, 1873. The following is the Court of ‘Appeals calendar for #ebruary 8:—Nos. 49, 24, 55, 56, 87, 89, 90, 91. RESIGNATION OF W. J. COBY, OF THE MARINE COURT. New York, Jan. 31, 1873. ALEXANDER V. Davipson, Exq., Clerk, &c. DBaR Stn—I hereby tender you my resignation as Com- Deputy C.erk of the Marine Court, to take effect on and alter the Ist February. Respectfully, &., W. J. CODY. Mr. Cody, whose resignation is above presented, has been Deputy Clerk in the Marine Court for over eight years, his appointment dating back to the time that the Marine Court was of @ very limited jurisdiction compared to that with which it is now clothed, and long before it was a court of record. His own attain- Mente a a law student, and his commendable zeal in making himself acquainted with the peculiar practice o: the Court-under its old jurisdiction, ren- dered him an invaluable aid on knotty points to all the recy Aut fee practising in the Court. His at- tention the business of his office, joined with his uniform kindness and urbanity to ali who came in contact with him, will cause his retirement to be felt by the Bench, his fellow officials, and the prac- tationers of the Vourt. He retires with the good wishes of all. BOARD OF SUPERVISORS, sa Now Cleaners, Watchmen and Engincers—Surrender of the Armory of the Eighty-fourth Reg! A niceting of the above Board was held yesterday afternoon, when there were presen; a full attend- ance of the Board, Mayor Havemeyer in the chair, but who vacated the chair to Supervisor Vance after making the under mentioned announce- ment:— THE COMMITTEE ON LEGISLATION. The MAYOR announced that he tad appointed the following as the Committee on Legislatton :—Su- pervisors Monheimer, McCafferty, Vance, Otten- dorfer and Cooper. MORE FIREMEN REQUIRED. A requisition was received from the engineer of the Court House asking for six additional firemen to be appointed for service. The resolution was referred to the Committee on County Offices, with power to appoint. The vote was ed, Super- visor Ottendorfer voted in the negative and Super- visor McUatierty declined to vote. THR ARMORY OF THE RIGHTY-FOURTH REGIMENT. A notice was read from Mr. D. D. Kirby, the assignee of the lease of the building 694 Broadway, corner of fourth street, asking for the surrender of the lease of this building, made by him to Colonel Sterry, and which the latter had leased to the city for five years, Mr. Kirby required the surrender of the lease on the 1st of May next. On the mo- tion of Recorder Hackett the requisition was re- igrred to the Committee on Armories, ‘THE NBW EXECUTORS FOR CARE OF COUNTY OFFICES. The Committee on County Ofices presented the report read &t the last meeting, in which the num- ber and names of cleaners, watchmen, engineers, &c., were given. The report was adopted, ten Voting in the attirmative, four in the negative. AN ADDITIONAL JANITOR FOR COUNTY CLERK'S OFFICE. It waa resolved that an additional janitor be ap- ointed to the County Clerk, for the purpose of king care of the documents in the Supreme Court, at a salary of $1,000 per year. CONTRACT FOR PRINTING, The Committee on Printing and Stationery re- commended that the contract for the printing of the minutes of the Board be age to Messrs, Bry- ant &Co. The recommendation was adopted, FUTURE DAYS OF MEETING, It was resolved that the future meeting days of this Board shall be on Mondays, at three o'clock. The Board adjourned at five o'clock. A SMALL WHISKEY WAR IN GEORGIAY tillers in Forsyth County—One Man Killed and Others Woun The Atlanta (Ga.) papers of the 27th uit, give details of the skirmish between United States Mar- shals and citizens at Strickland’s Ferry, Forsyth county, on Saturday, orief mention of which was made by telegraph. It seems that the deputy mar- shals, under Captain Blacker, entered the county and arrested seven illicit distillers. The party had stopped at Mr. Strickland’s house on the morning referred to for the purpose of get- ting breakfast. While at the table Blacker saw four men ride by, and at once recognized one of them as Harrison Baker, for whom he had @ war- rant, issued some time ago. He at once jumped up from the table, ran out, together with his deputies, and demanded a surrender. The four men, who were armed with doubie-barreiled shotguns aud istolx, made a break for the woods, and, getti hind trees, commenced firing upon Blacker an his crowd. In a short time there were about sixty shots fired in all. Captain Blacker was wounded in the side by arifie ball and disabled. One of the four men, Ira Hansford, was killed on the spot, and 1t is reported here to-day that another of the four had died. The three who were not killed made their escape. Captain Blacker was sent on to Cumming and placed under the care of @ physician, who had probed his wound, but had not heen abie to find the ball up to the time our informant left. The seven prisoners he had in charge were placed in the Cumming jail. The marshals think that the four men intended waylaying them between the house and ferry, and that there was a preconcerted plan to rescue the seven men who were prisoners. They came upon Blacker’s party unawares, and at once commenced the fight. A epaty reports that it was a regular picket fight, and the men had evidently been under fire before. A man with @ long squirrel rifle was the one who shot Captain Blacker, as he saw him kneel and take deliberate aim at him. Blacker, when hit, was taking a tree on one of the othe: and, running from one tree to another, he e: himself, and the ball entered just above the hip bone. Deputy Marshal James Finlay, of Gaines- ville, had a charge of buckshot through his coat sleeve and skirt. The marshals report a number of illicit disitieries in that section, and further troable is anticipated in the event of arrests being at- tempted by the United States officials, THE JUVENILE GUARDIAN SOCIETY, A meeting of the directors of the New York Juve- nile Guardian Society was held’ yesterday at their dewntown office, 25 Park row, when the Secretary | made the following exhibit of their work :— The society bed te) three different localities in the city as centres of charitable operations—viz., 101 Eighth street, 207 Bowery and 2% Fark row. these three oints provisions are dispensed to some 400 poor children. in addition to the care and instruction in their indi hi f over six hund ir children. on Nona Park row fy ‘o hundred and to over warm rs are gi boys and other needy children gratuitously during the cold weather. The demand at all these plaees for pro- visions and clothes is ve nt indeed. Surely, any argument in favor of enabling the soclety to. help somany hungry, poorly clad and neglected children is unneces- port was adopted and the airectors resolved to attention of benevolent citizens to its present work and claims, and earnestly solicit their aid in sus taining the work, and to that end directed these proceed- nae to be sent to the daily papers Of the city for publi- Darrels with provisions clothing con- addre: = ue J as follows : nm Town Relief of the bad York Juvenile Wi Guardian Society, 25 Park row, New York. acon in money py i} ent fo either of the follow- iny ctors :—Messrs. Bundy, editor of Event Bad Pid, MiePark Rt lint sete 7) Henry Clews, banker, Treneurer, 54 Wall street; Rev: ‘p. F Robertson, Secte: way’ i rs street; Yghn, Conaéher Necibars streets Win’ a Glover. 180 Church strest, New Yorkes ees When checks are sent, please draw them “To the order of Henry Clews, Treasurer Juvenile Guardian Society.” ALLEGED HOMIOIDE. Injared in # Qaarrel Nearly Three Years » Ago The Board of Health yesterday afternoon re- quested Coroner Herrman to hold an inquest on the body of Edward Douglass, a man forty-six years of age, who died in Bellevue hospital a few hours previously. Dr. Corrigan, one of the Hospital sur- geons, cértified that Mr. Douglass died, first, from amateur cli 4 FUlea yo! be John Tyne... 1,300 W. H. Williamson... 1,250 H.C. Dawson. 1220 2 24590 John Higgins. + 1,200 2400 KE. M. 1 2375 E 4 21358 T. ia > 3175 1a 2060 «2,000 AQUATIC. Eben Loses: Of the Atalantas, Responds to George A‘™aglehardt’s Late Sweeping Challenge—\ -osee Ready to Mect Him Next Season,yif He Proves Himself an “Amateur.” Mr. Eben Losee, tha Well known oarsman of the Atalanta Boat Club, k&§ very quickly paid his re- spects to the late bold Challenge of Mr. George Englehardt, as publishe@\\!n the HERALD, and con- ditionally accepts it, as wi be noticed by the an- nexed letter. Losee is evia ently right in asi Englehardt to qualify as an *‘amateur"’ before the Judiciary Committee of the MN tional Association, and should he do so Eben will give him a race of three miles, in June next, over-a ¢ourse to be mu- tually settled upon, not for an ‘“‘smayeur champion medal,” but for “glory and the cham lonship,” as amateurs do not row, either dire*tly op indirectly, for money. Come, Engichardt, qualify. | 'Tis ca: done. Mr. Losee’s acceptance is as fotlow.3 :— New Yorn, Jan... 1873. Seclog in the Hxraxp and other papers on Kirby last What I take to bea challenge ftom (eorge Englebardt, to row all amateurs, myself included, any kind of a race, Técel called upon to say & tow words—particularly as the challenge places me nowhere with the others, leaw- ing the impression upon the minds of iny friends and acquaintances that, although holding the champion belt of the Alalanta Boat Club, and having held it for three consecutive eat: ‘was eas ly won, and that Iam no oars man, All this may be so, possibly, but I beg to say that there are those foolish enough to suppose that any novice can “get away” with that same champion belt. There's where they make a mistake. T have never thought it possible that I could out-row all, but think Ido pretty well, considering that I scale only 108 pounds to rowing, tri. Notwithstanding what Mr, ingiehardt or his intimate friends may say, and some of our sporting papers would like the public believe, may I ask, is he an a atour, or, like a iew otheral might mention, trying to parade himself as such? I certainly have my doubts about it, and probably others have, which may account for him not rowing 4s many races as he would wish, He has beon objected to in one regatta, at least, and then allowed to row because at that time no particular definition of an “amateur” could be agreed upon, Since that time a National Convention met in this city and explicitly defi what an amateur should be, electing elght or nine intelligent men whose duly it is to decide th 4 n whenever a man’s peeoding ta questioned. Phe club h I belong endorsed the proceedings of this Convention, asdid most ot the Fegulars organized of the country, and will be guided by these f dcorne lngieharat insists upon pubiaitag hi . Ueorge Englehars ing him- self the “Champion Amateur Prowing, dc three miles Fee | the it week, course to be settled upon her championship, as 9 not now row for money provided Mr. Englehardt will send amateurs ireetly ov indirectly a is name before the National Association Committee, ay L intend aiso to do, this being tho only body at present re- Cognized ws capable and with power to. decline who 1s who” and be ruled an am; * 1°) SEE, re peer thampion Atanla frat Club, Aquatic Notes. The Nautilus Boat Club are now having built at Kyle's, by McKay, a four-oared shell. The new boat house of the Gramercy Club has been considerably injured lately. One of the spars on which it rests is broken, and the rear part of the float is much disturbed in consequence, The Atalanta Olub will erect a house on the Har- en en beiore the opening of the boating season 01 The Herald Boat Club has been recently organized. HORSE NOTES. The Saratoga Association have issued their pro- gramme of racing for next Summer. They devote eleven days to the sport—commencing on the 24th of July and terminating on the 16th of August. The added money to the stakes given by the associa- tion Will amount to about $28,000. The entries for the Canadian Derby number twenty, some of them from very fine families. KH is the intention of the Barrie Park to give three days’ racing—commencing on the Ist and continu- ing on the 2d and 3d of July next. The Queen's Plate (fifty guineas) for Province-bred horses that never won money, willbe run for at the same meeting, and they will give $6,000in addition for purses, The National Trotting Association for the pro- motion of the interests of the American trotting turf will hold its annual meeting in Philadelphia on the 7th instant. The [ee of good racing over the Tenbroeck course, at Savannah, commencing next Tuesday, , and continuing four days, is extremely favorable. The track at last accounts was in good order and the horses in fine condition. The trotting stallion Byron has been sold to Mr. Reid, of Erie, for $12,000, Messrs, Webber & Worcester have become the managers of the Beacon Park, Boston. The trotting gelding Dreadnought has been sold to a gentleman at White Plats, Westchester | county, for $17,000, Stephen Wallace, of Washington Market, has ) purchased the trotting gelding Kingston for $10,000, ‘Winners of $1,000 and Upwards in the United States for 1872. {From the Turf, Field and Farm. Name of Owner, Amount. D. McDaniel & Co.. $61,180 . joa et H. Sai Rice & MeCorm: 13,378 Joseph Donohue 12,535 J. H. P. McGrath 8,610 M. A. Littell, 8,300 Bacon & Holland. 7,665 William Cottrill John Harper, Coffin & Law: D, R. Harn Thomas Clark. . Governor 0. Bowie. D. ©. Kenney & C i e pbessueetecceneee = Fi z Tames Cof.... + 1,825 J. W. Hunt Reynoids. obinson & Morgan, ES pe nayo payee No cee es mm TROTTING IN CALIFORNIA. AGRICULTURAL PARK, SAN FRANCISCO, Jan. 21.— Trotting; mile heats, three in five, to wagons, Purse, fie 0, A. Hickok enters g. m. Lady Grant, to W. H, Burditt enters b. g. Democrat, to J. W. Dickey enters b. m. Lady Mace, to WAGON...++ +. 20+ soeee 2 3 8 Time, — 2 43—: 4 Sauer Day.—A match was made up immediately after the above ra¢e, between Democrat and Lady Mace, mile heat, three in five, fora stake of $100 each, to barness. The firat it was won by Dem- ocrat by @ head in 2:45, and the second and third by Lady Mace in 2:42) and 2:45. Before it was time for the next heat it had become too dark for the judges to see around the course, and they ac- cordingly postponed the conclusion of the race to the next day. BEFORM IN HUNGARY. {From the Eastern Budget.) A remarkable speech was made on the Ist of January by the Hungarian patriot Déak in reply | to the good wishes addressed to him by his party for the next year. The President, M. Bilbo, having referred to the reporte which heve been lately current as to the approaching dissolution of the Déak party, Déak replied in these words:—“Much, very much is still wanted in this country; the end lies in the hands of God, but it is our duty to do all that seems to us most desirable and practical bie. One of the test diMecuities of su work lies in the fact that our wishes and hopes are greater than the strength we possess for their realization. This, unfortunately, is very much the many arrears to case with usin Hungary. We have make La om wee — just bg Ty | form rally stro! nee obtatn that at which other nations have la- bored for centuries. We do not possess sufficient ility and cireumspection to await the deve opment of events and the f r ia Fndly optain ences of our Work; we woul obtain everythin t once in a short time. Fhave already observed, and I cannot sepens it too often, that the nature of reforms, if they are to be practical, Tequires the first step which is taken to bes preparation for the next, and that that which would be impracticable would, if properly repared for, be much more a ze ir Or wohence. * * * Of the blessings Which I that Providence may it you the greatest fee at we should be inde! Pin our zeal, but, above all, that we should be united, Without this our labors Will be fraitiess.” Similar visits were aid to the I Koloman Ghyezy and Kotoman Tilza, z th of the Left, who also urged the me of their party to remain ited. PING PAIR,—An officer from Hamilto inflammation of the dura mater ef the brain, aris- canada, arrived in this city this im pursui ing from a blow on the head without fracture, in | ofa married man named Sehuler, who had eloped May, 1870, and second, dropsy of the lateral ven- | from that place day before yesterday, in company tricles of the brain. It was stated that at the time | witn a girl fifteen years of age named Vaie. The named deceased was engaged in a fight, but where | eloping pair took cars at Buffalo yesterday for or with whom did not appear, and before it was over | Albany, but are supposed to have gone on received blow on the head with some | to New York. Tho case is in every kind of @ w wi partially Ca to the one which occurred in New a ty will confer with tha | short time since, and in which the male participant authorities with the view of ng: A] is now under arrest nae with his hame and whereabouts 0} ne guilty erin vietim. ir and Soe same way Fe arrest vo await the result of sa westigatiou is | mains to be seen. The girl Vale ts the child of sirable. Tho late residence Of Mr. | wealthy paren‘s, while her seducer ts respegtatly not transpire. r Journal, Jan, 30. THE SANDWICH ISLANDS, —_—+__—_ Why the Hawaiian Group Should Be OCEAR . STEERAGE ABUSES. Another Lette.” “Observer.” Let Alone—Thelr Wish and Capacity | To rng EDITOR OF rae, BRALD:~ for Independence—American Interests Do Not Require Annexation, To Tax EpiTos oF THs HeRaLp:— ' In the letter which you dix ys Fy speed print in this morning’s Hera I que, °° (10 © e British Passenger act quite enough to she, pirit with The appearance of a telegram from San Francisco | which Great Britain protects ertigra™® from her in this morning’s issue, announcing the election | shores, The Passenger act is strictty °U/orced of Prince Lunalilo to the vacant tl le of the Sandwich Islands, induces me to give yous few | passengers, and no vessel upon all. vessels carrying more than ft," ssh ht can depart from Bat facts regarding that just at present interesting } ish harbor with a larger number of steerage passer- country. Notwithstanding the numerous histories, de- scriptions, and letters that have been written con- cerning the group of islands discovered by Captain Cook, and by him called in honor of the Earl of Sandwich, but little is generally known and under- Stood even by those who pretend to read the Papers and keep up with the times, This may be Partially accounted for by the fact that writers are not always masters of their subjects, and like your Washington correspondent, “Defender,” some- times err through ignorance, or like that eminent humorist, “Mark Twain,’ compromise between fact and fiction, rather than spoil an intended Joke, But to the far seeing statesman, who looks upon the map of the world as upon a chess board, these islands have long been regarded with in- terest, and, especially by Americans, recognized a8 @ strong, strategic point relative to the Pacific Coast. The project of annexation to the United States is by no means a new one, although the chances for and effects of such action are not thoroughly understood. Your correspondent seems to think, with many others, that Uncle Sam has nothing to do but open his arms and the “Belle of the Tropics’ will rush to his embrace. But with the present deplorable condition of Louisiana before our eyes we Ameri- cans who have our means invested in the soil of these fair islands will, perhaps, be somewhat slow “to give up all tho good we have ,for the desperate chance of something better” in. the future. We are none the less Americans ‘and none the less willing to fight in the futyre, as in the past, for our native country When danger shall assatl her, but we do object to putting our property in the care of those Who seem to be so little able to protect their resent charge. Up to the time of the death of tne late King the islands were governed by laws pat- aa © i tite vite _States and En, and, ve nt being & constitutional mo: archy, with a Parliament composed of pepresenta- tives elected by the people and nobles createn by the King. Tne death of Kamehamelia V, without Hamming his successor left the country without a legal head, until the Legislature or Par- lament could be calied together and elect a King, as provided by the constitution. Prince Lunalilo, who has received the popular vote of the people, and who has probably ere this been endorsed py the Legistative Assembly, has always been re- aly as the rightful heir to the throne, and looked upon by foreign residents as one of the most intelligent, as well as liberal Minded, natives of the country. And so long as the race remains to inhabit the country, under the rule of @ native prince, no unprejudice foreigner will object to the choice. There are no parties of “monarchists” and “republicans,” as “Defender” calls them, “striving to possess them. selves of the government,” unless pot-house poli- ticians of little character or influence shonid be so named. The desire of all sensible foreigners living upon the islands is to see such form of government. as shall secure the greatest good to the greatest number. ‘The native population is rapidly decreas. ing, and the necessary labor for the development of the agricultural resources of the country is being drawn from China, Japan and elsewhere. It isa (Mate question whether this mixed population coul be trusted with all the privileges and franchises of “republicans” without danger to the fights and interests of the white foreigners, who have invested their means and given their time to the development of the country. The richness of the soil and the saluority of the climate render hard work unneces- gers on board without conforming to the provisions of the act, so faras they can be enforced, belore she takes her departure. If the ship should pro- ceed to a@ British colonial port and vio- late any of the conditions of the act during her voyage, the aggrieved passengers have their remedy in an action before any two or more Justices of the Peace of the colony; thus emigrants from Great Britain or Ireland landing in Canada, Nova Scotia or New Brunswick would find redresa- at hand at their pét ofarrival, while those landing at New York can seek redress only in the courts of the United Kingdom, and as very few steerage passengers are in a position to return to that coun- try to prosecute their claims the remedy of an ap- peal to British courts through the British Emigra- ton Board is practically inoperative and useless to the injured immigrant who may land in the United States, Protection for the emigrant against viola- tions of the passenger contract, either through in- sufficient accommodation or food or ill treatment during the voyage, can only be secured by @ tribunal at the port of arrival easily accessible to the emigrant and fully authorized to hear com- plaints and enforce redress for established wrongs suffered upon the voyage. It is suggested that a free appeal to the minor local cour would lead to many frivolous and un/air complaints. against the emigrant vessels, and might eutail se- rious loss upon their owners, and incidentally in- crease the rate of passage, by adding to the ex- penses of the steamers engaged in the trade. As- any advance in the passage money inflicts a pen- alty upon the whole body of emigrants, this is a contingency which should be carefully guarded against. The greatest boon which can be conferred upon nine-tenths of the immigrants to our shores- ig a cheap passage across the ocean; and I venture the opinion that no radical change can be made in. the system which now subsists, and, is faithfuil carried out on the leading German and Britial steamsnip lines, without enhancing the price of a- steerage passage and to some extent discouraging emigration. It ia therefore highly necessary—in the interests of the emigrants themselves—to guard the emigrayt carrier from the abuses of unfair or vexatious litigation ‘er blackmailing threats of prosecution on frivolous or trumped-up charges. Some arrangement which would fairly protect. the interests of all parties can, no doubt, be devised. For exampie, let a complalnt against an offending, ship be made In the first stance to the Commis- sioners of Emigration, and empower those Com- missioners, or any two of them, to sue for penalties or damages before a United States Commissioner, with a form of appeal in cases involving consider- able sums to the District Court of the United States. This orany better plan which may be de- cided upon needs, a8 I mentioned yesterday, an international agreement before it can be put into operation, and such an agreement would benefit all parties, the emigrant as well as the steamship owner, With very few exceptions, the steamshi| companies give the full allowance of space whicl the law calls for, and a larger and better supply of food. They have nothing to fear trom the fullest in- vestigation, intelligently and honestly conducted, They cannot, of course, afford to give a steerage passenger all the comforts of loon passenger, who pays three times the stee: charge ; but the steerage passenger, if he gets that ne is legally entitled to, has the satisfaction of crossing at a cheap fare and saving his money. Should he prefer comfort to economy, a saloon passage is open to him at saloon fare, Choice or his needs alone take him into the steerage rather than into the saloon, and all extravagant measures of reform must surely increase the price of passage, and severely tax the scanty means of many emigrants, On the other hand, certain changes in favor of the emigrant can be made without sensibly increasing the cost of transportation, and all such abuses as those described by Mr. McDonnell can be guarded sary for mere existence, and it is therefore requi- site that the law shall Prasens capital as well as labor. Thus a system of “contract labor” has been established, which is indispensable to the planter, and yet is contrary to the law of the United Stat The laborer makes a written contract with his em- ployer, in presence of a government official, for a term not exceeding five years, and both parties are held to a strict compliance with its terms, The laborer, being generally not amenable to civil damages, a violation of his contract is made a penal offence, imprisonment follows a refusal of labor. Were it otherwise the planter would be at the rey of his laborers when the crops most needed aitention,ana the scarcity of labor pre- cludes the chance of competition. So the “labor law” must remain in force, or the plantations must be abandoned. Since the almost annihilation of the whaling fleet, which in former times rendezvoused at Hon- olulu, the cultivation of sugar cane is the most im- portant industry ofthe country. But so small is the ieee hee of arable land, and it is so hard to induce the natives to work beyond the actual requirements o! life, that the present product of sugar 18 only about twelve thousand tons per annum. The island of Maui produces over two thirds of this amount, and is considered the best sugar land of the group; yet few of its plantations have been profitable to the owners or rewarded the investments made in them. The country is mountainous and mostly barren, and its development would require the expendi- ture of & Upon amount of money in roada, break- waters, bridges, &c. Its value to the United States would not be in its productions, The situation of the group is its importance, Occupied by one of the great maritime Powers the islands would com- mand the cific. ‘ngland and = France long ago acknowledged this when they tried to have the United States join them in their promise never to forcibly take possession of the country, and they now well understand that any act on their part looking that way would spring a mine to which the Alabama claims would be but a fire cracker. What the islands want is free intercourse with the United States, abolishing all duties on each side, and the benefit of American capital and energy. In return, or,in other words, as a con- sequence of such intercourse, the United tes would have such privileges in establishing ‘al depots, &c., as would prevent any other Power from ever taking possession of the islands or rendez- vousing there a fleet with which to strike or menace ‘the Pacific coast. There has been no time when such arrangement could not be made. In fact, the islands were once offered to the United States, but the negotiations were “nipped in the bud’ by the Secretary of State, who feared the addition of what might be mad ve territory. Prince Lunalilo is known to be favorable to any project which would benefit the islands by bringing them into closer relations with the United States, and while desiring to main- tain their Cages id would freely accord s rivileges that ht be necessary to establist 5 S jlepots, docks, &c., for the use of American vessels. ‘be United States have been unfortunate in their diplomatic representatives to the islands, and American influence has waned somewhat on that account. But so preposterous is the idea that. any other government should form @ close alliance with the island kingdom that even the English residents scout it, and not all the examples of backwoods politicians or broken-down traders, sent by Uncle Sam to represent the great Ameri- can people, can efface the fact that the United nee a and ought to be the firstand best friends: of Hawait. Let the President and his Secretary pay some attention to the oft-repeated representations of Americans who know something of the islands, and let @ plan be placed before C whieh will be Ryd 4 the attention of that ly as ef- fectually set go question of precedence of in- terest in the islands—no “reciprocity treaty” le by the tools of the San Ltn wpe re- finers to rob the Treasury of duties and enrich the schemers, but @ treaty which skall benefit the peace and consumer alike and esi a ndsbip so Warm ané lasting that the two coun- tries shall be one in everything but name. AN AMERICAN RESIDENT, New Yor, Jan. 30, 1873, STARTLING SCENE IN & MENAGERIE.—The Swiss Times of December 23 says that at. the menagerie of ynori 1 and Fairnall, at Turin, on Monday evening, audience were treated to a perform- ‘ance not snnounced in the bills, Si Thael, tho or famous lion-tamer, entered, as a large cage, in which were lions, lionesses, Le ape oe a. lamb. After the feats of leaping, &c., ordinarily. shown in such exhibitions, the grand feature coa- in the simultaneous approach of the wild is to the lamb and the exchange of the ‘‘kiss fraternity.” was accomplished. fully, tae animals methodically touching nases and then vely stal back to their places, The per- oe was close with putting the lamb’s head in the mouth of alion. No sooner had the jaws closed upom the head of the animal than it was evident the eyes and move- ment of the tall of the lion that foul play was threatened, and before a word of comm: could be ven streams of blood were running from his mouth. iidren screamed and women fainted, but forta- nately the panic was of short duration. Signor Bidel, with # tremendous blow on the throat of the honands Pinata command, foreed the half-wild rel against or severely punished, Scenes revoiting to common decency and humanity should no longer be tolerated even in thestecrage of a crowded emigrant steamer, and the summary punishment - of the offenders at the pertof destination would soon put anend to such brutalities as those re- ferred to. Lam, &c., OBSERVER, New YorRK, Jan. 30, 1873. THE ARGONAUT OUTRAGE. j ——_——. The Testimony ofthe Captain and One o1 thé Cabin Passengers. The examination into the affairs of the emigrant ship Argonaut, of Bremen, was continued yester- day afternoon before Commissioners Hart and For- rest. Captain Steengrafe, of the Argonaut, was the rst witness called. He acknowledged having hit Schoop, and states that’ he isthe only one he ever hit; he gives as his-reasom that this man broke into the eargo of the ship and stole therefrom beer and dried cherries, for which the captain is in rson responsible; he slapped him im the face, because he was papecene along with being dishonest, “I put him in irons,” said the Captain, ‘so as to make an example of him to the other passengers;’ t wag never intoxicated while on shipboard; a woman in the steerage told me that she saw Scnoop goin; into the storeroom and taking therefrom drie cherries; he afterwards threatened to throw thia woman overboard, and would have done so had I not taken her into the second cabin; I never was without my senses on the ship; | was on deck the day Tabasko was lost; he went overboard about five minutes after I left the deck to go betow; the day was a stormy one, and I ordered all the hatches closed and the passengers between decks; [ do not know how it was that Tabasko was on deck; passengers are always required to heip the cook; I furnished the passengers molasses in their soup and superintended the distribution of victuals; I never had such a stormy voyage nor so dirty and sulky a ship of passengers; they had little or no clothes, and all they owned in the world was done up in bundles; it is my experience that Poles eat about twice as much as other mem Mr. Schron, one of the cabin passengers, Was next called. He never saw the captain drunk, andknew that the passengers were a filthy lot; as far as he knew the captain was a kind and considerate man. The examination was adjourned until three o'clock to-day, when the last witnesses will be ex. amined. CIGARS AND TOBACCO, J{SPANOLAS OF HAVANA TOBACCO, EQUAL TO i genuine in appearance and quality, at $69 por thou sand, also the celebrated * ‘ane telas, T.J. RAYNER & CO., Maiden lame, _.. MARBLE MANTELS. KLABER, STEAM MARBLE AND MARBLEIZING ke Works, 13h Aand 136 ae Eightocuth strect.—Marbie an jarbleized lantels, ing, Mart Jountert u- ments a prices ‘that defy coumpetition. Marble Furning for the trade. « TEWART'S SLATE MANTELS—RICH AND ELE- gant designs ; Slate Works of every descriptio and Wood Mantels, T. B, STEW We S Mar. dle ART & UO.,.22) and ma Twenty-third street, near seventh aveniie, NW. Y. ASTRO! we A FORTUNE FOR ALL WHO CONSULT MiBS WEL A LINGTON.—Reciaims dranken unfaithful has- ‘good Iuck and bands and Se et thefts, lucky numbe: together those long separated. 41 East Twenty. th yt, near Fourth avenue. yea ICAL, A COMBINATION OF [VE SCIENTIFIC: PIHYSI- ciane.—Unfortunate Ladies’ i Medicine is a CS ge swindte ; relief guaranteed ; g nt rooms for ladies ee. sing ; consultation Dr. FRANKLES, I0l Bleecker srect —MADAME GRINDLE, FEMALE PHYSICIAN, 12) « West Twenty-sixth street, guarantees. relief walt female complaints, Pleasant rooms for nursing. LADIES’ PHYSICIAN.—DR. H. D. GRINDLE, Professor of Midwifery hon ged practice), cuacan- tees certain relief to ladaes, with or without medicine, | rooms ies requiring nursing. Residence. j 120 West Twenty-sixth street, near Sixth avenue. ee . A AXWEL! ué BAST A HHS, Fate Phjslotans wivice gratis ND DELIGATE LADIES IN TROUBLE, wv oanke, en sean treated by one of { thelr ov sexe f ME, ‘DESPARD, phy y (pic humbug, 4 not In- y it to aR. Soar, Boa "ant TENT Sate + ; satisfaction guaranteed, OF No bay. ata ori mg condnemene Guillen adopted out. 41 East Twenty-eighth street. Advice free. i (RS BELL, 67 AMITY STREET, RADICALLY; wenn} a private natare, witheut mercury’ oF detention from business. F\OCTOR AND MME. GOOD, FEMALE PHYSIC! Fedele paella a ; a 3 , 7 we Bente ceest, between Lexington and J)R. KING CURES UNFORTUNATE LADIES AN: gentlemen ; one visit sufficient; medicine, 4 Amity street, near Broadway. In ali hours. R. DESPARD, 4) EAST TWENTY-EIGHTH STREET, ‘near Fourth avenue, cures all diseases of any natures animal to in his victim, and, although rour- ® ® ing fearfully, he wullenly abeyed ane ‘xed gye and | Gbs TeMuralatsan: Janice Rescues Ne MSSM Se gesture of his master, retiring into a carner of the re 4. J aeree’ cage. But, to the renewed horrer of tly> people, in ET EVERY LADY PROTECT HERSELP.—MADA¥.E eellelchar whee with « howl or'tupe teapen upon | jaich ih protect them Yor % ¢ lione! Oy, of rage, lea Second stree' his back, “Fortunately for Bidel Wer claw ee a eoraee 3 ad ery be leaped from ander Herat the same time | MI Sireeche aad ann Woate—tadign se ae and er. I bet: n — 0 seriking nt and left with his lowed wl forcing | sult her on” GT °Ghmsents, Board, pursing; lefa aus to the front of the cage. There was an | i of hesitation and submy,sion on the part of ‘ME, DUBOIS INPALLIBLE MEDICING— ¥ wi in ary, aid relief ng ence the cage and back?a" himself out of it, | guarsateed: “A cveat somes tfeet wate fromendeus, _ the oheery, het ereoeal Me RTUNATE LADIES—AFTER "OU pare, BE pearance were deafening "Although “periocly | conndain Be wOTt a enue grad utero tye LM wes immed! lease nt 1e charge. Be danger he nad aay, i so {Sel wten desired. Bostdouoe WW, Waverey piace. o

Other pages from this issue: