The New York Herald Newspaper, February 11, 1873, Page 3

CO; _DE MORTUIS. Obéequies of the Late Vicar General Starrs. a nae Sa Imposing and Interesting Cere- monies at the Cathedral. SERMON BY BISHOP LOUGHLIN The Musical Services---Mozart’s Grand Mass and the Gregorian Chant. The Procession to the Tomb. SCENES AND INCIDENTS, ‘With all the beautiful rites and ceremonies with which the Roman Catholic Church attends its de- parted chosen ones to the tomb; amid all the em- diems of a lively faith, accompanied by the solemn strains and plaintive chants ef choristers and clergy and the tears and sighs of serrowing thou- #ands$ surrounded by clouds trom holy incense and followed by a mourning throng, all that was mortal Of the late Vicar General Starrs was yesterday laid away to rest in the vault beneath St. Patrick’s Ca- thedral, From an early hour in the morning the Cathedral was surrounded by hundreds of those who had known the worthy Vicar in his lifetime; who had experienced his kindly care, had listened to his admonitions, had profited by his teachings nd examples and had learned :rom many causes to admire and love and honor the man and the priest in him, and by many others who had only Known of him and of his goodness from some of the thousands whe knew him well and blessed hum from their hearts, When at length the church doors were opened all present filed in, and, al- though each was anxious to obtain a position from which a full view of the ceremonies could be ob- tained, there was no confusion, as all seemed to feel and appreciate that they were not only in the house Of God, hut also in the presence of the dead. THE DECORATIONS and drapings in the interior, although not profuse, were very appropriate. The massive columns which support the roof were covered with alter- pate strips of black and white crape, which hung from the capitals to the Noor; the front of the organ loft and pulpit were covered with heavy black Cloth, caught up in festoons by handsome rosettes and fringed with white bullion; from finial to finial Of the miniature spires behind the altar were fes- toons of rich, black crape, and the candelabra on the altar and also the gas fixtures in and near the Sanctuary were covered with the same material. The body of THE CATAFALQUE, which stood in the main isle, near the sanctuary steps, was covered with @ pall of heavy black velvet which fell to the floor and was fringed at top and bottom with silver bullion. From each of the four corners rose an upright, covered with pleat- ings ofalternate black and white cloth, and from these uprights sprung double curved arms, con- verging under a small circular canopy, supporting an egg-shaped globe and a finial cross. The con- verging arms were covered with puftings of black crape, the puffs held in position by silver oak feaves; the globe was ornamented with silver tengues pointed upwards, and the finial cross, covered with velvet, was adorned with a continuous binding of sliver oak leaves and studded with silver nails. The platform of the catafalque formed an inclined plane on which rested the casket holding the remains of the honored dead, the head toward the sanctuary and so elevated that from all parts ef the'edifice & full view of the face of the Geceased could be obtained. The body was robed im full canonicals of purple velvet. On the casket were strewn bunches and bouquets of flowers, while all around it were flowers, sweet and rare, formed into crosses, anchors, harps, wreaths, crowns and columns, The expression on the face of the deceased was quite natural, and he seemed to be meditatively eontemplating the immense congregation, which @lled every nook and corner of the sacred edifice. THE CEREMONIES commenced precisely at ten o'clock, by which time the pews and aisles were crowded to repletion. A procession was formed in the sacristy and entered the sunctuary from the south side. The mas- ters of ceremonies came first, followed by some twenty acolytes in black cassocks and white surplices; then followed the clergy of this and the adjoining dioceses, to the bumber of one hundred or more. ‘Ihey entered the sanctuary in double file, and after gepuflecting beture the tabernacle filed to either side outside Of the sanctuary raila into the pews and scats re- served for them. Among those present were Rev. Drs. Brann, McGlynn, Duily, Burtsell and Mc- Bweency ; ‘Rev. Fathers McGean, McCarthy, Malone. Clowrey, Flyun, Canary, Donnelly, Mooney, McCready, Boyce, Coa, McKenna, Farrell, Jr.; Barry, of Staten Island; Barry, o1 St. Columba’s Moriarty, Dealy, Daubriese, Duranquct, Larkin, Everett, Brady, of the Pauliste; Very Key. Dr. Our- 5 gue rator of the Diocese of Newark; Father Kiileon, of Newark; Woods, of Pesrchep ter; Mcbvoy, Brennan, McGuire, Farrelly, ot a Jamies’; Mo.-ahon aud. otuerss Bishops Bacon, c ni ickarian ani Obsugnia 5 Hopreventatites, the Ordets of Do- minicans, Franciscans, Paduany and Carmelites. When ali had been seated the Kev. Fathers McGean and Canary, as principal chanters, com- menced the office for the dead, all the clergy join- ing in the chant; those on the right alternating ‘with those on the left of the sanctuary in reciting Akt | other verse. At the conclusion of this ofice tor the dead the door at the right of the sanctuary Opened, and the procession, composed of a large umber of additional clergy, followed by those whe were to officiate in the mass—the Kev. Fathers Kearney and Farrelly, master of ceremonies and assistant; Rev. Fathers McNamee and Kane, re- ctively deacon and archdeacon of the mass: v. Fathers Quinn and Curran, deacons o1 hono! Rev. Father Preston, assistant priest, and finally, the Most Rev. Archbishop Mcvioskey, ‘with mitre of re white and wearing a chaguble of black velvet, Reavy embroidered with gold, On arriving at the Middle of the altar, the Archbishop in the centre, ail knelt and THE MASS was commenced. At the same moment the entire chorus opened with the ‘Kyrie,’ irem Mozart's grand mass, 4 double fugue in D minor—se majestic Composition and finely rendered. At the conclusion of tuis “Kyrie” Rev, Father Kane recited the Epistle, after which from the cbeir came the thrill: fug tones of the “Dies Irw.’”? During the sing! or the “Dies Ire” and the “Tuba Mirum’—the latter by the solo quartet—candies were distrib- uted among the clergy and lighted, preparatory to the re Of the Gi 1, at which all present rose to their fect and remained standing until the n, Father McNamee, had concluded the chant- tng of the Gospel, when the candies were extin- hed and all again were seated. The Arch- hop, standing at the episcopal chair, read the collects and prayers, after whieh he appreached the altar, the choir meanwuile sit ig, in full chorus, the “Lachrymosa.” At the offertory a beautiful baritone solo, “Domine Jesa Christi,” was given by e candies were relighted, and when the sweet, tender tones of the Arclibishop com- menced the preface, all rose to their feet and re- @ained standing until the “Sanctus” was reached. Au then kuelt, and the choir in thunder ten but as if in one votce, gave cut the “Sanctas” an “Hosanna in Excelsis,’’ closing as suddenly as at commenced, as if the onward march of melouy were arrested by the solemnity of THE ELBVATION. As the venerable officiating prelate bended his &uee, the gong in the wary Was struck by an e@cvulyte, and all within sacred edifice bowed their heads. Even those who were not members of the Catholic faith med overcome by the im- jiveness of the moment. ‘The scene at this time was pecullarly imposing. ‘The sable drapings of the church; the hundreds of brilliant, lighted tapers; the rich vestments of the oMciating clergy ; the snowy surplices of the clery in front of the sanctuary, the thousands of hea: bowed reverently down, and over ail the sun cast- ing its rays, mellowed and beautifully tinted, af they streamed through the stained-glass windowa— formed a coup dil not easily to be forgotten. A silence like that on the tomb prevailed, disturbed at intervais, but rendered more soiemn by the Deoming of the gong and the reverberation of its tones throughout the building; until after the ele- vation, when the soprano and alto seemed to grow gradually from the silence and give in sweetest notes, “U0, Salutaris Hostia.” The ‘Pater Noster’ ‘was sung by the Arcabishop, Mr. schmitz playing an accompaniment on the organ—alter which the 1,” from Mozart, was sung, and, with ulescat in Pace.” entoned by the deacon, the pallbearers, John + Dolan, M, NEW YORK HERALD, TUESDAY, FEBRUARY 1], 1873——TRIPLE SHERT. the mals was ended. The omciating cle Tetirea sacristy, Right Reverend Bieno; en 2 ee ie vicar General of the eases and procecded to deliver "5B SERMON, taking for his text these words:— - weatrapa adi fertpres ah os Bane sas Snr nea rom er en Alter referring te the strong e: ion of grief on the part of tl from whem ners is Med away by death he said:—How much more sensibie is the logs to those who appreciate the love- mess and beauty of @ holy lile, Under the influ- ence of such seelings the family, the congregation, feels keenly the loss of oue who has endeared him- self to all by his ness, hig charity and those other virtues which entitie him to admiration and respect. But amid all the grief at such a loss there is consolation to be jound—com{ort comes in these words—“And I heard a voice ‘rom heaven saying, ‘Thrice blessed are the dead who die in the Lord.’ Look towards the sanctuary, Behold the priests, chosen by God himself; given a bigh and holy com- mission; spectacles to the world, to angels and to men; ambassadors of Christ, How glorious is such achoice? When one of these ig taken his loss is felt, but the seo of his loyalty t. the nie commission intrusted to him, of the faithful dis- charge of the duties of au ambassador of Christ, is heard in that voice from heaven saying, “Thrice blessed are the dead whe die in the Lord. The duties of the priest—a man chosen from among men—are great indecd. They are high and holy, they are by the Almighty himscif to olfer up sacrifice of His body, to exercise the power of reconcillation—of reconciling the sinner to God; to give to the world God’s words, to teach men the truth from His lips, and through Him the sing of men to be blotted out. These duties are common to all, but there is a higher honor, a greater responsibility, and while the office of the priest is high indeed, there is something higher and ater, We can hardly realize tbat our friend who was so lately with us is now no more; we can hardly realize that he who was always doing goed is taken irom us; we can hardly realize that he whom we so lately saw moving about in active life has been obliged to leave us; but we feel that in leaving this liie he reste froin his labors and his works Will (ollow him, ‘rhe very Rev. Dr. Starrs, after two years in the seminary at Baltimore, came to this city, and in 1834 was ordained priest by Bishop Dubois. He proved himself at once a spectacle to angels and to men in the great official duties of the priesthood, The ze constancy, chariyy. nd patience with which he discharged ‘the dui thousands can at- test. Itis known to the world, and I cannot heip an eloquent remark that was made to 8, Bishop, Father Starrs never did any- blush to his check.’ the duties of the priest there was & higher honor conferred on him. Why? Because he was worthy; because he displayed prudence, charity, zeal and patience. He won the approbation of his superiors and secured the confidence which they reposed in him. All knew that in the discharge of his official functions he d‘splayed all the virtues, and in an uncommon degree One thing was the foundation of all the resi ‘w to his ecclesiasti- cal superiors. He neverswe\ . in the least de- rom what he owed to hi, shop, Bishop Du- is knew his worth; he kept Lam by his side and appointed him assistant pastor of this church. is other virtues were conspicuous in his life. He had charity, not only in dispensing material things, but in the spiritual order, His heart was filled with charity. He received and treated all kindiy, The learned and unlearned, the rich and the poory all loved him, all appreciated and had confidence in him. Priests and people near at hand and from a distance came to consult Father Starrs. He was @ mentor to the learned and unlearned, to the wise and the unwise. His advice was given freely; of his assiduity | need not say anything. He /elt that God had sent mon a ministry of reconciltation, and il a sinner came to him, and made known to ‘him that he wished to be reconciled to God, how could he help bat listen to him? His heart peinmieh with charity; he could not remain with cold iudifference in the matter; he would go into the confessioua! and exercise the power given him and perform the labor of his mis- sion with his usual bare He was patient—remarkably so. No matter whether dealing with the ror the rich, sinners or otherwise, patience distinguished him, One other trait disti inguished him, and that was pru- dence. He siviye took time to deliberate. the same time that he was considering the cir- cumstances he studied the individual, He would satisfy himself as to the mind and intention of the individual and would dispose of the case asthe persons deserved and the circum- Stances of the case required. And still anotner trait he had—contidence. He was sincere, He would win your confidence and would tell you plainly what he thought, You might unbosom Touae to him and place the fuilest confidence in jim. He never would betray it. All these made him @ wonderful man, His heart was full of charit; and conspicuous for his patience, prudence an confidence; and while attending te the duties of Priest and Vicar Generai he had other and heavy obligations, 1t is no easy task to direct religious communities, but be was considered fit to assume the direction of the Sisters of Charity from the a a etnies a ye rhevelhaed Mey heap in” other orders fhe. Mater of *” Mercy and of the Good “Shepherd. All around Father Starrs was doing good, giving counsel peculiarly his own and which he was most compe- tent to give. He hasleft an impression. His long ministry, from 1934 to the present time, has left an impressien which will not be easily obliterated from the minds of priests or people. He loved all and was for allan exampie of sacerdotal virtae, ‘The laity can look at him asa model priest witha hely, religious pride. To the young pricst he isa model which should never be forgot. He was truly a priest of God and wok great pleasure in sceing young priests grow up full of charity and zeal for religion. ‘This was one thing which gave bum com- fort, and auother was to observe in ali the clergy devotion to their Bishop. I cancot say more about him than to repeat the words, ‘’he Lord hath Iced him in the right paths, bath given him knowledge o& holy things;” and conclude with the words of the text, “And I heard a veice irom heaven say- ing, thrice blessed are tie dead who die in the Lord, for henceforth, now saith the spirit, they may rest from their labors and their works will lollow them.”* THE LAST RITES. ‘The sermon was listened to with rapt attention, and at its close the Archbishop and assisting clergy, Wiio had during the sermon returned from the sucristy and taken thelr places in the sanc- tuary, approached the sanctuary rails and intoned the * Libera,” which the choir took up in response and sung with fineetfect. The Archbishop then took a seat near the footo! the catafalque, sur- rounded by the assistant priest, deacons of honor, deacon of the mass and acolytes bearing censers, incense boats and vases of holy water. The sub- deacon of the mass, bearing the episcopal cross, stood at the gate of the sanctuary, with an acolyte on either siae holding @ large lighted candle. After the chanting of tue ae ra” and the usual ayers and invocations h: en given, and the i shbishop, Wty the tant priest. had walked es arottn 6° cutatalque, once asperging it with the holy water, and again waving over itthe censer with burning incense and the rayer for the rest of the souls of ali the faithful Aeparted, the Archbishop ana ofiiciating clergy re- turned to tho sacristy. The clergy then again lighted the tapers which Be, held in their hands, Bishop Bacon robed himself in amice, stole, cope and mitre, and THB FUNERAL PROCESSION wes formed. The casket was li(ted from the cata- falque and en to the shoulders of the lh ee Mooney (of St. Bridget’s), McGuire (of Harlem), Woods (of Morrisanta), McEvoy (of White Plains), Barry (of Staten Island) and Dr. McSweeney c Poughkeepsie), and was borne slowly along the centre aisle, preceded by the Bishop, Manked by elly, John ‘McKeon, P. 0! O'Keefe, Dines Carolin, P. Hagan, J. McKinley and T. O'Donohue, and followed by the clers lighted tapers and in double file, bearing chanting the “De Profundis.” Out inte the street and into the vault underneath the church the solemo and imposing cortége passed, and there, with the last sad words of the ritual, the remains of the Vicar General were placed away among those of the bishops and priests who have pre- ceded him. After the cofiin had been ciosed the lights were extinguished, the processionists re- turned to the sacristy and bol sca congrega- tion quietly and speedily dispe1 THE MUSICAL SERVICES annot be too highly pra’ . The Cathedral quar- ferme Chomé and Unger and Messrs. Urchs and Schmitz—augmented by Mr. Grail, tenor; Mr. Sohst, baritone, aud @ chorus of sixty from the Liederkranz and Church Choral Union, with Mr. mitz as leader and Mr. Franke presiding we the works of Mozart and Don- ree and admirable taste. ements, a8 planned by Father Kearney and Sexton Hart, thanks te the very efticient aid ef the police under Captains Clinchy aad Kennedy, worked remarkably well, and it is not a little to the credit of all that, notwithstanding the immense concourse of people present, there Was no dissatis- faction, no confusion, and that notning of any sort save the eoldness of the weather occurred to mar the conduct of the entire aifair. Scones Outside the Church. Crowds of eager and anxious-looking visitors were gathered around the walls of the Cathedral cemetery, and lined the sidewalks of Prince, Mul- berry and Mott streets as early as nine o'clock A. M. As & matter of necessity the police were on hand very soon afterwards to prevent any ingress to the Cathedral by those who had not procured ad- mission tickets the day previous, Ten of twelve policemen were placed at each crossing around the block, and they did their duty, if not too strictly, at least effectually. Tickets had been issued to over two thousaad five hundred persons on Sunday, and this number being sam- cient to crowd every available place in the church, it became necessary to suspend any futher distri- bution of them on yesterday morning, the natural consequence of which was @ continual congregat- ing of inadmissibie yet, no doubt, interested per- having | no further possibility of entering the church unless by rpentin provided with tickets. 8 caused much evident pain to numbers, of whom many were most respectable looking. bus they nevertheless, e satisfied, and, although the frosty air of the morning was piere- ingly cold, waited outside patiently to the last, Clergymen had sometimes great dificulty in ing through, especially those who wore their di the priests of the Benedictine and én whose countenances the eace fatled to detect any sem- lotal importance. By ten o'clock the whole number of persons provided with tickets had entered the church and crowded it to over- flowing. The gates were then closed and police- men placed at the entvances. At this time a multitude of persons were admitted through Mott and Muiberry streets, Some lingered around the walls o! the cemetery or clung to the iron palings in trout and rear of the Cathedral. Others, deemn- ing it a favorable opportunity, ran to the pastoral residence in expectation of procuring tackets, but were sadly disappointed, for all the priests haa just left, and this was another stroke of wearying repulsion, ‘The priests left the pastoral residence in double file, robed in cassocks and surplices, and, having only to cross the street, were soon hid from view in the recesses of the Cathedral aisics and sanc- tuary. As soon as the first loud tones of the organ came rolling out upon the frosty air each outsider muttered to his or her neighbor that the requiem services had commenced and that there was no use now in trying any further. For two long hours, however, the crowded lines of peo- ple Ungerea around the church, determined to see at least the last remains of “Father Starrs”? entombed in the Cathedral vault. Each part of the mass was counted and marked with the utmost anxiety by the female portion of the disappointed as they rolied their shawls more closely around them, and kept tightly packed to- gether in a state of compassionate expectancy, chattering away among themselves, Sometimes on the state of the weather—for they must have felt 1t bitterly—but generally on tue virtues, tne goodness: and the benevolence of the departed priest. “If they could only get one fine look at him before he Was put down under the ground forever and ever.” The men also, who had to remain, did so very patiently and without much murmuring. At ten minutes to twelve o'clock the procession was seen from the streets moving out of the church into the open space in front of the Cathe- dral. The crowds then rushed to the railings and climbed the walls. The open windows of the houses on the op;osite side of the street were crowded with heads peering down upon the multitude. ‘The coffin was at last seen borne upon the shou ders of six strong venerable looking priests, while the solemn tones of the “De Proiundis” were heard being chanted by the choristers, The massive iron cover of the vault was then taken up by the pallbearers, and after the final prayers were recited the remains of the good and venerable priest were deposited on a bier within the subterranean pre- cincts of his last earthly home, PORT DEPOSIT. Subsiding of the Water from the Streets of the Town—Not in Immediate Danger of Being Swept Away—A Grand and Awful Scone onthe River. Port DEpostT, Md., Feb. 10, 1873. Port Deposit is not in any immediate danger, the sensational despatches of the past few days to the contrary notwithstanding. ‘The ice gorge remains just as tight as it did two weeks ago, and there is jess water in the river to-day than there was at that time. The ice is in places piled up to a great height, bat the streets are free from water. It is reported that the river has risen at Columbia five feet. The water was forced back into Octorara Creek, five miles above here, to-day, aud the rolling mill at Rowlandsville was forced to stop work. The water that came into this place yesterday was but three or four feet in depth and quickly subsided. It seems to be the impres- sion of the inhabitants that nothing but a Jong-continued rain or thaw will cause this place further damage, and I can well believe that the ice gorge will remain all Winter. It is piled up solialy in front of Port Deposit and as faras the eye can reach up and down the river. In some places it is over twenty feet in height above the usual water level. A GRAND SPECTACLE. ‘The scene 1s desolate indeed, aud were it not for the possibility of future damage it might be con- sidered magnificent. But agit is, itis terrible in its reality, Large pieces of timber that have been caught in the crushing ice remain standing on end, soso AME reree te thotaana’ of =~ Ghd" flere "are thousands of bits of lumber and shingles scattered broadcast over the icy ruin, In front of the railroad station, where Iam writing this despatch, the ice ts piled up twelve feet high, and thirty-five fect from the building itis forty feet in depth, All the wharves are stil covered with ice, and the railroad track above . THE DEPOT 18 STILL SUBMERGED. and all the back yards of the houses in this imme- diate neighborhood are submerged. It is estimated that the damage already done will reach $100,000. Various plans have been suggested to get rid of the gorge, and the New York Dd generally has asked why nothing is done? If your readers could be here and sce with their own eyes the reality they would certainly see the futility of attempting to force the ice off. The gorge extends from Wat- son’s Island, near Havre ‘ace, to Rowlands- ville, @ distance of nine The ice is abso- lutely solid, and in some piaces fifty feet thick, ‘This is no fancy picture, but an absolute fact. low the gorge there is new-made ice six inches in thickness, extending out into Uhesapeake Bay. WHY POWDER WOULD BE USELESS. Suppose the gorge was loosened at its lower end by blasting with powder, or dualine or nitro-glyc- erine, where would it go? If there were no ice below the gorge there is not enough water in tle river to move the ice off. The foundation of all damage to arise to this place is masudden rise above this point, The water, having no natural outlet be reason of the gorge, secks and finds ene along the banks. Port Deposit, being situated at the base of Grauite Hills, is one of the first piaces to suffer. There is no immediate danger to Port Deposit. MUSICAL AND PRAMATIC NOTES. secant Fifty-one new operas were produced in Italy in 1872, Out of these forty-nine were failures, The “Heathen Chince,” with Mr. 0. B. Collins as Long Tom, the miner, was produced at the Bowery Theatre last night. When Mr. Boucicault returns te Booth’s Theatre in March he will produce his new play, “Daddy o’Dowd.” Mr. Stephen Fiske’s new satire, in three acts, founded upen M. Sardon’s famous “Rabagas,” has been duly licensed by the Lord Chamberlain. The testimonial benefit at the Boston Tneatre, In behalf of the veteran actor and manager, Thomas Barry, on Saturday last, realized over four thou- sand dollars, Pittston, Pa., is happy in the ‘legitimate drama.” A strolling company is playing “Douglas” in that village, and, though nobody ever heard of the per- formers before, they represent themselves as from Wallack’s and other leading theatres, and print bogus encomiums from many newspapers, The variety theatres this week present unusa- ally strong bills. Sophia ard Irene Worrell, in “Black-Eyed Susan,’ are among the attractions at the Atheneum; Dan Bryant's presents a burlesque of “Julius Casar;” the San Francisco Minstrels, in addition to their “Entertainment a la Salon," play a burlesque in which Lucca is the viclm, and the Theatre Comique has the Majiltons, At Mrs. Conway's Brooklyn Theatre, Westland Marston's comedy, “Diana, or Love's Masque,” was played last evening. The play was performed several times last weck, and, having met with favor, it is now placed for at least the remainder of the present week. It is finely ‘‘sct,’’ and its per- formance is marred only by the weak acting of Mr. Jordan. The members of the Union Square Theatre com- pany not at present engaged there occupied the boards of the Park Theatre, Brookiyn, last night, and will remain there through the week. They are aided by Mr. Crisp, from the Fifth Avenue Theatre, whoplays the character of Caleb Deecye, the blind organist, in the slightly-constructed comedy of “The Two Roses.” Mr. Crisp’s performance last night and that of Miss Jennie Lee as Lotta Grant were good, and the performances of the other actors én- gaged did not contrast unfavorably with them. A classic performance at Wood's Museum last evening was the representation of the comedy of “Sam,” with the American favorite, Mr. F. 8 Chanfrau, in the title réle, supported by a very fair cast. The character thus assumed embodies a great many fine points, which Mr. Chanfrau’s genius fuily develops. The play was thoroughly appreciated by an intelligent as sons on the streets adjoining the temple of wor- ship. Mulberry and Mott streets, as far as the Cathedral ground extended, were cleared by the police ofi- cers at half-past nine o'clock A. M., and there was well as-numerous audience. “Sam” continues his levees during this week and on Saturday after- noon, Next Monday Mr. Chanfrau will appear in hia original character of Mose, in “New York as it Was” in 1848, HORACE GREELEY’S WILL. A Westchester Surrogate Pronounces the Good Old Philosopher to Have Been Insane. ——_—+—___. The Will of 1871 Admitted to Probate and the Will of 1872 Thrown—End of the Dis- graceful and Cruel Contest. The long-contested Greeley will case has at last been disposed of in what may be called an unex- pected, if not very summary fashion. Surrogate Coin, ot Westchesver county, yesterday, in the Court Nouse at White Plains, gave his written re- port to the reporters to be copied, and it is given below verbatim, It reads very like an essay on the law of Surrogate, and the Surrogate taxes it upon himself to pronounce Horace Greeley to have been insane and totally unfit to make a will. The will of 1871 is admitted to probate, and gives $10,000 to the Children’s Aid Society, $2,000 to a lady in Mr. Greeley’s family, anda farm in Penn- sylvania to William Barnes Greeley, a brother of deceased, besides some miscellaneous legacies, The rest of the property ia divided equally be- tween Ida and Gabrielle Greeley, The vanity of human greatness and publictty could have no bet- ter proof than the fact that there was not a single soul in the Court yesterday to hear the opinion of the Surrogate read excepting the two reporters and the County Clerk, and so the reading was dis- pensed with, Wustcurstsn County—Sonrogatn's Court.—In the Mat- ter of Proving the Last Will and Testament of Horace Greeley, Deceased.—Rovert 8. Hart tor Ida L, Greeley, roponent of the’ will of November 9, 1872. George P: Nelson and Joseph H. Choate as counsel for guardian ad lit, of Gabrielle M. Greeley, intant heir-at-law and next of kin, isaiah J. Williams for conwstants and propo- nent of the will of January 9, 1871, (On “the alleged will of 1872 being presented for probate, Messrs. Samuel Sinclair, Charles Storrs and Richard I Manning, being the executors named in an earlier alleged will of the decedent, bearing date January 9, 1871, ap- peared and propounded the latter will, and claimed that the will of 1872 WAS VOU FOR LACK OF TRSTAMENTARY CAPACITY. ‘The cases thus became consolidated, and the question to be determined was, which was the last will and testa- ment. The provoncnt of the last will and testament of 1x72 caused the subscribing witnesses to that will to be ¢xamined and made out a prima facie case tor its estab- lishment. The contestants then proceeded with evidence fending to show that the decedent was not at the time of ity execution CAPABLE OF MAKING A WILL, by reason of unsoundness of mind. At an carly stage in the progress releases had been executed by yisees named in the wiil of 1 ct ad and the Children’: d executed and d of the case and after allof the legatees and de- 1, save the children of the id Soclety, and after Miss ered to her younger sister part ot all'the property toh posed of by the will of 1872, the jounsel of Miss Greeley and those of her sister objected that the contestants of the latter will had no longer status in Court and no right to contest the same. In this, I think, they were wrong. Our statutes (8, K. d.), 1816, "provides that the executor, devisee oF ed an any last will, ow wny person in the y have thd will proved. Any interest, how- ever slight and quccr it seems, the bare possibility’ ot an Interest is suiticient to entitle the party to oppose a testi: mentary paper. (Williams on Executors, 24; Dayton’s Surrogate, 198 and 130.) The executors nained in the will HAVB CLEARLY BY STATOTE AN EXPRESS RIGHT to have that will proved if they can establish the fact that it is the last will, and they may righttully contend against the validity of any alleged subsequelt will 08 an obstacle in the way of establishing, the will under Their whch they cl interest in this re- gard is very apparent; tor it they can succeed in establishing this will the title to the movable goods of the wstator, though in tinct places, rests in him i rest presently upon the Executors, 51.) ‘the prob: for letters testamentary is merely operative as the au nticated evidence, and not atallas the foundation of the executor’s ti for he de- rives all his interest trom the will lisel!, and the property of the deceased in him trom the ment of the testator’s r so many different and di ession, and did indeed so rs death. (Wi death. gate, 213, citing Williams on Ex- ecutors, er, the will of 1872 should be estublis! id last will, then the title would be elsewhere. proponent und contestants are try- ing their alleged titles. THE CHILD 'S AID SOCIFTY, named in the will of 1871, had_not released or abandoned its legacy, and had @ right to expect the executors to jock atter its interests, At the clo ot the contest, aud betore exhausting the evidence on the part ot the cou- tesants, for aileged reasons, unmaterial tw the decision Ol the case, the counsel for proponent stated that, under written instructions in his client and sanctioned her sister, any turther effort to establish the will of nA Was abaudoucd—that they withdrew trom the contro- versy; and he intimated @ willingness that the will of 1871 should be admitted to probate, The counsel for the guardian ad liten did not dissent from this suggestion. ‘Thereupon the executors produced the usual tormal proot of the execution of the will of 1871 and applied for des, ek ter ae thereon. BD seemed be conaid: f ‘Or thé guys acondtaing wre nk! UEC Se OR atthe Court, “But this’ 1 apprehend, Could not be done In this or any case. THAT RVERY SURROGATE SIA1 file and preserve nll affidavits, petitions, &c.—@ R. 8. $14, oth Bd.) Upon proof being made of the due ser Citation the Surrogate shall cause (he wicticsses to All such proofs and ¢ ‘The statute saysi— CAREFULLY ott be examined beiore h tions shall be reduced to Wri b. 148, § 56.) i taken by any Surrogate in relation to ¢ will shall be reduced to writing and sail pint The tes 0 any by him in a proper book, to be provided and preserved as @ part of the books ot his ollice.—(b. 167, § 7.) The Sur- rogate ghall enter in his minutes the decision which he may. concerning the sufficiency of the proof or validity of any will which may be offered for probate, and, if he find against it, shall stace the ground upon which t ision is made, &c.—(Ib. 150, § GY.) ‘Tye Sur rogate of cach county shall’ provide and keep a bOok in which shall be entered all minutes of proceedings, &. Ub, 365, § 15, It will be seen that the language of these provisions is imperative, and that the SURROGATE HAS NO DISCRETION ON THE sunJRCT, The testimony and proceedings cannot, therefore, be withdrawn, but must remain, as parcoi the records and fi adceree must he made. ft would, be competent for all partes, being aduits, in it any stage ot the proceedings, to enter Into . to be entered on the minutes, ‘to authorize, inake a decree in pursuance of the terms of the stipulation. But here this diificulty in regard to any such adjustment is encountered; an intant 1s a party to these proceedings, and neither his guardian ad litem or his counsel can mike any admissions afl abiy the interests of the intant This i Tule,—Games vs, James, 4 Paige, Buckley. vs. Koye, &e., 6 1b. , 685; Stephenson vs. Stephenson, 6 and Jn the of Moore vs. Moore, 4 Sandiord, ch. 87, the Vice Chancellor ordered the testimony of an in cause under the objection of his gual be stricken out.) Perhaps the turthest the Courts ha’ ¢ in sanctioning the act of the guardian ad (item in declining & contest in relation to the intant’s Tights is the case of Levy va Levy, § Mad. Webs, 1405 but that case clearly has ho application here. All ‘th poten 4s Well as all elementary works on the subject, in- ieate as ati the Court to THE TENDER SOLICITUDE with which all Courts guard and protect the rights of those whom the law con. {ders as incapable of managing their, own affairs. The consent, if such it may be considered, of the counsel for the bzaponent speaking for both children to allow the will of 1871 to be admitted to probate would be tantamount to an admission that the paper dated in 1872 aud propounded as the last will and testament of the decedent, purporting to give @ larger in:erest in his es- tate to his children than the will of 1871, is notin tact the Jast will and ought to be refused probate. Thus it being impracticable, as I have endeavored w show, to withdraw the procecdings relating to the will of equally impossible to aecept or consider any suc: sion that may have been made by or on beliall of the in- to consider, how. fant, it would seem to remain ty duty ever reluctantly, the case upon its merits, and to upon the testimony which shall be admitted and whic jected. In doing so this embarrassing fact is encountered atthe ea hat the testimony on either side is incom plete aud fragmentary ; a 80 FAR AS THR WILL OF 1872 isconcerned. In the midst of the evidence on the part of the contestants counsel for proponent apd for the in- fant announced their withdrawal from the contest pur- suant to the request of those whom they represented, aud proponent’s counsel signified bis willingness to allow the Will of IS7L to be adinitted to probate. ‘To this coursy no objection seemed to be made. ‘The counsel for contestants appears, therefore, to have assumed that no further testi- thdny was hecessaty on his side, and the matter was im this somewhat avothalous condition, and without argu- ment by the learned counsel, left to the Court to deter- inine. In every case a testator is presumed to be sane. To this presumption is usually supeiadded the testnony of subs@ribing witnesses, generally non-experts, to the Chrect that they considered the testtor to be of sound aud disposing mind and memory. Here the subscribing wit- nesses testified to a compliance with the usual tormalitics by a person whom they considered OF SOUND AND DISPOSING MIND andmemory. Thereupon, and without any regard to any facts or circumstances occurring at any other time or jace than the scene of the execution, proponent was Pid to have made out a prima facie case, and ‘the burden of proot was thrown upon the contestants to establish the fact. if they could, that gome or more of these formali- ties had not been complied with, or that the testator was incapable ot makings will by reason of unsoundness of iand,, They sought to a BE its Morag A on ance id. It is perhaps unnecessary to detail with any ground ininuteness the westimouy which the contes- ants adduced with A VIBW TO RSTABLIBMING INSANITY. hat the {1 ate associates of the de- cedent observed, at least as carly as the lst of November, 1874, in his acts, appearance and conversation, indica- tions of aberration of mind which gave them much con- cern; that this condition continuea down to the 9th day of November, the day of the date of the will in contro- verry, on which day his conduct and language were ot so marked and unusual a character as to leave no doubt of his insanity. ‘The roe history from this period down to about the 20th of November, when he was reinoved by his friends to the private asylum of Dr. Choate, near Pleasantville, is turmished by the testimony and it ceases. From that date toa few hours previods ty his death, on the 29th of November, we have nodirect evidence ‘as to his bodily .or mental condition. Upon this evi- dence, 1 connection with the peculiar provisions of the Willi the light of the fact, as alleg at Gabrielle was, Tf anything, his favorite, and the conirast between it and other wills ‘therefore je by him, and the further Tact that in it he nominates no executor, when in 1871 he had urged upon bis tri A.J, Johnson as the chict reason why he should make & will that he could thas appoint his own executor, would seem to be the grounds upon which the coutestant’s counsel relies 2 AS ESTADLISHING TESTAMENTARY INCAPACITY, and as so far overcoming the testimony of the subscrib- ing witness as to again cast the onus profandi bpon, the roponent. In thislam inelined to believe he is right. Ro day the most of it, the evidence of the subscribing wit nesses is very meagre unsatisfactory, when we con- sider the precedentiacts, Here was a person who had manifested such palpable indications of unsettled reason as (o cause his most cherished and intimate friends the ow an jetys who was, by thear advice and under ir ior DOUBTLESS, REMOVED TO THE PRIVATE ASYLUM of an eminent clan, who made the treatment of diseases of the brain a Lape 4 ‘and who remained un- der his treatment until the disease culminated in death. At the time of the fartum of the alleged will, and, ind: during that day, no word was, wi red by je yi mi Other than the monosyllables ‘" eu “Yes,” and “No” response to questions put to him. paper was his last will and testament, he, it would seem, ‘with his eyes closed, said “No,” and on the questior repeated in a diferent torm, Taieed his head, looked at it, and said “Yes,” When first asked if the a isleyes Mighty, ned bis eyes saa SYen" Wen saked SS nen” by Mr. Stuart if he would have him, who was one of Tost intimate. ivlenda, as ouc ‘ot ihe Witneraen ne ‘a THE STATE Nowa wich Hie Btaart was se, guidenily antoutahe CAPITAL, witnes 117" and the response’ was again “Ne?” 1 ery nt importance Fothe incident of ine: handshake id, while all of these circ: r Devconsistent with the soundiess of m mind~therctory vane. They certainly, it s me, are not inconsisten: with the continued unsou: ere it hi Je romoye any double upon Thfe bo ie adimg-3 tee The above scene, as the evidence shows, occurred abeut an hour before the dissolution of the decedent There is no evidence as to where this will was written or as to the attendant circumstance was found, or that the decedent hi ever in its Dot permi TO HAVE THE BENEFIT OF the evidence of Dr. Choate, the professional expert under ‘whose care and in whose house the patient was for nine days immediately prior to hisdeath, and who was in the house ay te time of the so-called execution of the al- leged wi Bnoer the peculiar facts of the case, had the parties all been of age, the intendment would in consequence have been trongly against the proponant, On the other hand, because there a an intant party principles of law cannot be relaxed nor unwarranted inferences from evl- dence be made in her favor. In these respects the law knows no distinction of sex or age. Soundness and per- fectness of mind are held in law to be ABSOLUTELY REQUISITE IN THR MAKING OF WILLS, the health of the body merely not being regarded. If Keneral insanity be proved it ls presumed to continue until a recovery be shown; and the party alleging a res- toratton to sanity must prove his allegation. (Grobell va, Barr. > Barr, 441), With respect to persons of unsound mind having lucid intervals, it 1s suM™icient if the evidence adduced in support of the will shall establish that whe party afflicted had intormissions, and that there WAS AN INTERMISSION AT THK TIMR ofthe act; but the order of proof presumption {s thereby inverted, for where insanity is established, then the party who would take advantage of the act, and during an interval of reason, must prove such act to have been sodone. (Cartwright ‘vs, Cartweli te 1 Phellim, 90 P.) In this instance we have the general insanity of the decedent established, and no suflicient proof that at the time of the factum there was an interval of reason. Ap- plyin the Above principles to this state of tacts, it follows hat the will of 1872 must be refused probate. The will of 1871 having been duly proven, must therefore be admitted as the last will and testament of Horace Greeley. A MYSTERIOUS CRAFT. Have the Spaniards Purchased tho, Steamer Flerida for a Gunboat?--~ Report that the Chickamauga is To Be Destroyed. ‘The well known steamer the Florida (formerly the Penguin), which was seized by the United States authorities for an alleged breach of the Neu- trality laws at Greenpoint, L. I, with a full cargo of rifles, Gatling guns and munitions of war of ail descriptions, on the 10th of August, 1870, was brought over to the foot of Wall street last evening towards dusk from the Atlantic docks, Brooklyn, where she has been lying for some time. At the time of her capture she was about clearing tor Vera Cruz, in Mexico, The capture was effected by the United States steamer Catalpa, on which were @ squad of marines, The crew of the steamer then made the lines of the Florida loose and towed her to the Navy Yard, where she was placed UNDER THE LOADED GUNS of the Vermont and Guerriere at the ordnance wharf, After lying in this place until the 10th of January, 1871, she was released by order of Judge Blatch- ford, upon the proviso that her cargo should be discharged, which was accordingly done, HER ILLEGAL DETENTION AND CAPTURE. Judge Blatchford subsequently in the United States Court refused to grant a certificate of “probable cause” to the United States District At- torney, on account of the perjury of several of the witnesses in the case, and also, as the principal one, who had made an affidavit that the steamer and her cargo were intended for the use of the Cuban insurgents, was not forthcoming. A suit for damages was then commenced against the United States government for the illegal detention of the vessel, and which is now pending. - On the 11th of January, 1871, she sailed for Halt- fax, Nova Scotia, and St. Thomas, at which latter port she arrived on the 22d of April in quest of a purchaser, Shortly aiter her arrival. gt. St..Qporera Porto Rico—distant about six hours by steam—to prevent her exit from the port. The vessels in question consisted of one frigate and two gunboats, and were named the Vasco Nunez de Bilbao, the Guardiana and Favorita, and were placed alongside of her in the harbor watching her day and night, to detect the first movement in- dicating that she was about to leave. During the hurricane of August 22, 1871, she was totally dismasted, and had to have new spars put on her. Before the repairs were completed the engineers deserted. Here she was block- aded by three Spanish vessels, but finally escaped on the 14th of December, pursued by the Spaniards. Owing to the tempestuous weather she was obliged to put into Nassau for repairs, On sailing thence she was again pursued and overhauled by @ Mosquito gunboat. After a very stormy passage the Floridaarrived in New York on February 3, 1872,and remained at the Atlantic dock until yesterday, when she was brought over, as before stated, to the foot of Wall street. A VISIT ON BOARD, Yesterday evening a HERALD reporter went on board and saw the shipkeeper, when the following conversation took place :— Rerorter—I hear this steamer has been bought by the Spaniards, SuirkEErER—Sorry Ican give you no informa- tion, sir. I really know nothing whatever on the subject. 1am merely here in charge of her while she is being repaired. HER DESCRIPTION AND HISTORY. She is of 614 tons burden, but is capable of carry- ing 600 tons of cargo. Her length is 160 feet, her breadth of beam 30 feet ana her depth of hold 17 feet. Her engines are remarkably powerful, of Ericcson’s patent, with two cylinders of 48-inch diameter, and 24-inch stroke of piston. She has two decks, with spacious cabin accommodation. Her lines are very one, indicative of great speed. She is brig-rigged and built of wood. The Florida ‘was built for the Providence and New York Steam- ship line at Mystic, Conn., in 1859. At the break- ing out of the war she was sold to the government for a gunboat, and rendered good service along the coast, and particularly in the Gulf of Mexico, where, under the command of Captain Reea, she captured many blockade runners, On her deck 1s a handsome steath fauiich, HAVE THE SPANIARDS BOUGHT AER? it is reported that her bill of sale has been made in blank, and that the names of her true owners have yet to be inserted. Considerable interest 18 attached to this vessel, and some time will proba- bly elapse before itis known what colors she will fy. The prise, paid for her has not transpired, bat in all probability it isa high one. It was reported last night that she is to be taken toMr. Delamater’s shipbuilding yard to be fitted up with the ex-Con- federate privateer Chickamauga, as a ganvoat, to reinforce the crippled “mosquito fleet.” A STARTLING RUMOR. It was reported in Cuban circles yesterday that several Cubans have resolved to set fire to the Spanish war vessel now being equipped at the yard of Mr. Delamater, at Fifteenth street and North River, by means of torpedoes, The rumor is givell for what it is worth, SENATOR WILSON'S RESIGNATION. ns Letter of the Vice President Elect to the Governor of Massachusctts—A New Election Ordered to Fill the Vacancy. Boston, Feb. 10, 1873. In the Senate this afterncon a message was received from the Governor, presenting the lollow- ing communication from Hon. Henry Wilson :-— TH SENATOR'S RESIGNATION. NATICK, Mass., Feb. 8, 1973. SiR—I resign my seat in the Senate of the United States, to take effect at the close of the Forty- second Ral a on the 3d ofMarch next. In tendering this resignation to enter upon the duties assigned me by the suffrages of the nation, 1 desire to express to the people of Massachusetts my grateful thanks for their generous confidence and support. Four _ time: and for a period of more than twenty-two years, they have commissioned me to represent them in the Senate of the United States, The eighteen years I have served them have been eventful and of his- toric significance : grave responsibilities and high duties have rested Mt me. Mindful of imperiec- tions I yet feel in retiring conscious that I have sin- cerely striven to be devoted to the interests of the whole people of the Commonwealth, faithful to my country and true to the equal rights of my country- men of every race. [ ara, very, respectfally, i= obedient servant, HENRY WILSON. To His Excellency Pd ee B. WASHBURNE, ernor of Massachusetts, Mr HARMON, of Essex, offered an order that ‘pacsday, March 11, at hall-past two o'clock, be as- signed for filling the vacancy. Considerable dis- cussion arose on the question whether an election could not be held before that, the constitution pro- viding fur an election after & vacuncy occurs, Finally the order was adopted, or as to where it agency what- pian a for formal execution, and Tam The City Charter Bill To Be Ree ported on Wednesday, No New Developments Relative to Changes. Private Asylums—Bidding at Auction Sales—A Chamber of Commerce Memorial—Remon- strance from Fifth Avenue Residents, ALBANY, Feb. 10—Evening, , As usual on Monday evenings there was nota quorum in either House to-night at the reassem< bling of the Legislature, and “general order” ha@ everything to himself. By Wednesday, however, as the charter will be reported on that day, all the members will be on hand, pro- vided the weather is fine and the leadera do not make up their minds to change the now set- tled course of events, It will be remembered that last week, after the Joint Committees on Cities had got through with their so-called consideration ot the bill and had formally voted on the amendmenta proposed some ten days ago, that a sub-committee consisting of two republican’—Opdyke and Patter- son—and one democratic—Dering—was appointed toso fix up tne Charter bill as to make it read prope erly—in other words, to make all the verbal amendments necessary to make it from the first to the last section consistent with the amend- ments engrafted into it by the two committees, THIS SUB-COMMITTES was not empowered to make any other than verbal changes in the act, which fact may look surprising to some people who were foolish enough to bol! the statement made the other day by one of thi metropolitan journals that they were authorize: to draw up anew charter. The trio did not hold a meeting on Saturday, the home enjoyments of the recess having of course prevented them! rom doing that very thing which they were ex¢ pected to do during the recess. They hava got together this evening, however, and, if they can stand the pressure, will stay up all to-night and work all day to-morrow, until they make the thing read welle Opdyke isa neavy weight in syntax; Patterson, they say, isan authority on punctuation, particu< larly commas and semicolons, and Deering was ap< pointed on no other ground than because he ca act as an unfailmg umpire whenever his two agso- clates get mixed on “incidental phrases,” the valu of conjunctions and the necessity of neminativa cases not Perea riot with verbs and pronouna generally. So the bili will, no doubt, be a pretty Jair composition when they get through with it. Wednesday seems to be the day gencrally ixed upon when the two Committees on Cities will get r ree this sub-committee on grammar and report it, and THURSDAY, IN ALL PROBABILITY, THE FUN WILL BEGIN ) in the Assembly. Although the sub-committee, aa was said before, have no power to make anything but verbal amendments to the bill, yet it is almost certain that the aneation of the appointing powex will be settle before it is reported ta either house in the full Committee om Cities of both houses (each committee acting without concer(), There is no reason as ye? for doubting that the question will be left jus® where the Custom House | -aders have already de< cided it shoula be left—namely, with the Mayor and the Board of Aldermen, the Mayor, at the ent of @ twenty days disagreement on appoint ments, conferring with the Board, na having one vote, thus, of course, in ncaa ‘iving the power of appointment to the Board. ‘here are those who believe that a compromise, can yet be made to give the Mayor more than a figure-head show in this particular portion of the bill; but the leaders have seemingly set their foot down. Their decision to throw Green overboard has satisfied the discontented among the faithful who based their cry of ‘partial’ legislation on hid being retained more than anything else, and so TILDEN, KELLY, HAVEMEYER AND THE REST of the new reform i emocratic coterie in New York, PAHS HEE TBAT, Wit" tiie i “and good graces of the present Chief Magistrate of the ~ An effort, I understand, is to be made to-morrow by certain potential irtends of Mr. Havemeyer, who claim to beiong to no particular party, to induce the magnates to ‘let up’ on the old man, aud they wiil argue, with the Mayor's speech to John Cochrane's liberal repubii- cans in one hand and an engrossed copy of ms “past record’ in the other, ta show that he onght not to be snubbed. But they, too, will have to go home, tt is feared, singing, “Thou art so near and zee 80 far;"’ and even then, with trembling lips and hearts cast down because certain people in Alvany will persist in doing just as they please, no matter what : SPECIAL PETITION AMBASSADORS want or sigh for. It may not have anything to do with the matter, but I may just here mention thag George Bliss, Jr., dropped in upon us yesterday, av if from the clouds, and suddenly disappeared agai this afternoon on the New York train, Htat friends say that he didn’t say charter once while he Was here, not even at church; but then he left g letter for, Q puissant gentleman here who may not look upon it simply as @ good-by, The lettcr wut @ voluminous One, and, doubtiess, contains many, legal points in some case in the courta in which Mr. Laflin and Mr. Murphy and a few other Lene republicans had a hand in sharpening. [tis only a step from the Court House to the Capitol, you know. The bill in relation’ to private asylums for the insane, introduced by Mr. Husted, was considerca in Committee of the Whole this evening, and progressed at his request so as to allow members an opportunity to study tts merits thoroughly. ‘The following is the bill relating to FRAUDULENT BIDDING AT AUCTION SALES, that was ordered to a third reading in the Assem- bly this evening :— AN Act to prevent fraudulent and fictitious bidding at auction snies a The people of the State of New York, represented ia Senate and Assembly, do enact as follows — | county, reached here to-day. It Section 1.—At any duction sal al estate, st bonds hereafter held in the State of New York, it s unlawfal for the auctioneer, owner or owners 0! any real estate, stocks or botids tor sale, or for any per: in hisor their behalr, or by his or thelr order or advi or uuder his or the: ection, of in collusion with theitt or either of them, to make any, talse, fraudulent or fictitious bids thereon, with Intent to defraud any pure chaser thereof person bulding thereon. 2—An n who shail violate any provision of nshall be deemed guilty of a nis- le bya fine not exceeding $250 for each offence ‘Sxc. 4—This act shall take effect immediately. THE SENATE met to-night with hardly a quorum and proceedew at once to business. A MEMORIAL WAS PRESENTED FROM THE CHAMBES OF COMMERCE of New York in favor of tie repeal of the usury laws and for the removal of the tax on bonds ant Mortgages. ‘The memorial presents the argument that the customs of business have overridden and rendered null the operations of the agury laws, aud that their repeal is therefore necessary. It ia ace companied by copies of similar memorials pre- sented to previous Legislatures, findings of gran® juries on the subject, extracts from the Governor's message, Opluions of newspapers and other docu. ments. THE RESIDENTS OF FIFTH AVENUE ALSO PRESENTED A PRIITION, or rather a remonstrance, against the laying of railroad tracks in Fifth avenue, below Twenty-third street, stating that that thoroughfare is at presons the only one running lengthwise through the cup that has not been encroached upon by the irom rails; that transit up aud down is already comperasiecly easy and will soon be quite rapid; that it is @ street almost entirely of residences, and that much tnconveniences to residents would eusue from the jaying of doubie tracks thereon, particularily during the Winter time, when the railroad companies would bank the snow upon the sidewalks, rendering It impossible, or at least inconventent, for carriages to reach their doors, and also depriving citi. zens of the facilities for sleighing presented at presont on that thoioughiare alone, ‘The re- monstrance is signed by some of the wealthiest men on the avenue, among them John Taylor Jonn- ston, A. K, Wetmore, Henry 8. Remsen, James Lenox, A. ©. Kingsland, Robert L. Kennedy, Ed- wards Pierrepont, John J. Cisco, James Otis, Degraw Livingston, Kobert L, Cutting, Moses Taylor and Gunning 8. Bedford. News of the DEATH OP ELEAZER JONES, member from the Second District of Washingtom was not ane nounced in the house. Mr. Jones is the gentieman who, in the republican Senatorial caucus, cast his vote for Roscoe Conkling, ‘im the name of the Welshmen of the State.” RAPID TRANSIT, New York, Feb. 8, 1873, To THE EpITOR oF THE HgRALD:— lam notopposed to rapid transit in this world but Lam opposed, as are many others living in the vicinity of Fourth avenue and Ninety-second street, to@ rapid transit to another world by being kept awake every night with the rumbling sounds of ten to fifteen blasts three or four times during the night, and are much more severe than the carth- quakes of San Francisco, to some of us at any Tate, and it is very injurious to our health. A Bo- tice on OF pao May stop this; if not, an ine junction w: : A SUBSCRIBER OF TWENTY-FIVE YEARS,