The New York Herald Newspaper, February 11, 1873, Page 5

Obésequies of the Late Vicar General Starrs. sega eth 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 ANDINCIDENTS, ‘With all the beautiful rites and ceremonies with which the Roman Catholic Church attends 1ts de- parted chosen ones to the tomb; amid all the em- biems 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 anearly 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 and 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 him from their hearts, When at length the church d@oors 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 fee! 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- mate 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 puffings of black crape, the puffs held in position by silver oak feaves; the globe was ornamented with silver tengues pointed upwards, and the fintal cross, covered with velvet, was adorned with a continuous Dinding of silver oak leaves and studded with silver nails, The platform of the catafalque formcd @n 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 a full view of the face of the deceased 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 fowers, sweet and rare, formed into crosses, anchors, harps, wreaths, crowns and columns. The expression ou the face of the deceased was quite natural, and he seemed to be Meditatively eontemplating the immense congregation, which Glled 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 sanctuary 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 umber of one hundred or more. ‘They entered the sanctuary in double file, and alter genufecting beture the tabernacle filed to either side outside oi the sanctuary rails into the pews and seats re- served for them. Among those present were Rev. Drs. Brann, McGlynn, Duty, Burtsell and Mc- Bweency; Rev. Fathers McGean, McCarthy, Malone, Clowrey, Flynn, Canary, Donnelly, Mooney, McCready, Boyce, oikauy, McKenna, Farrell, Jr.; Barry, of Staten Island; barry, of St. Columba’s; joriarty, Dealy, Daubriese, Duranquct, Larkin, on. ady, of the Paulista; Very Kev. Dr. Our- rigan, minigtrator of the Diocese of Newark; Father Kiileen, of Newark; Woods, of Weerehige ter; McKvoy, ‘brenn: McGuire, Farrell Of a James’; Mc..ahon and otuers; Bishops Bacon, Mcparian and OtLougniiny rebreventatteos "OP tne brdets of Doe e minicans, Franciscans, Paduans and Carmelites. When all had been seated the kev. Fathers McGean and Canary, as ne chanters, coin- menced the office for the dead, all the clergy join- in the chant; those on the right alternating With those on the left of the sanctuary in reciting every 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 Humber 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 honor; Rev. Father Preston, assistant pricst, and finally, the Most Rev. Archbishop Mcvioskey, with mitre of ES white and wearing a chaguble of black velvet, wily embroidered with gold. On arriving at the middie of the altar, the Archbishop in the centre, ‘all knelt and , grand mass, & double fugue in D minor—a majestic be ay and finely rendered. At the conclusion of this “Kyrie” Rev, Father Kane recited the Epistie, after which from the choir came the thrill- tug tones of the “Dies Irw.” During the singing the “Dies Ire” and the “Tuba Mirum”—the latter by the solo quartet—candies were distrib- uted among the clergy and lighted, Rr ebesaxt to the re the Go! at which all present rose to their ject and remained standing until the mn, Father McNamee, had concluded the chant- tng of site Gospel, when the candies were extin- hed and all again were scated. The Arch- , Standing at the e tecops chair, read the and prayers, after whieh SB eergees the sitar, the choir meanwaile singing, in full chorus the “‘Lachrymosa,” At the offertory a beantivul varitone ae Jesu Christi," was given by Mr. Soust. e candies were relighted, and when the sweet, tender tones of the Arciibishop com- mMenced the preface, all rose to their feet and re- mained standing until the “Sanctus” was reached. All then knelt, and the choir in thunder ten but as 11 in one voice, gave cut the “Sanctas” and “Hosanna in Excelsis,” closing \idenly as it commenced, as if the onward m: of melouy ‘were arrested by the solemnity of THE ELEVATION. As the venerable officiating prelate bended his &nee, the gong in the sauctuary was struck by an gevlyte, and all within sacred edifice bowed their heads. Even those who were not members of the Catholic faith seemed overcome by the im- pressiveness of the moment. The scene at this time was pecultarly imposing. The sable drapings of the church; the hundreds of brilliant, lighted ta; ; the rich vestments of the oMciating clergy ; the snowy surplices of the clergy in front of the sanctuary, the thousands of heads bowed toversatiy down, and over ail the sun cast- Ing its rays, mellowed and beautifnily tinted, ef they streamed through the stained-giass windows— formed a coup dil not easily to be forgotten. A silence like that o: the tomb prevailed, disturbed at interv: but rendered more soiemn by the beoming of the gong and the reverberation of its tones throughout the build: until after the ele- vation, when the soprano and alto seemed to grow gradually from the silence and give in sweetest notes, “U, Salutaris Hostia.” The ‘Pater Noster’ was sung by the Arc.bishop, Mr. Schmitz playing an accom) ment on the organ—after which the “Agoua Del,’ from Mozart, was sung, and, with she “Reaulescat in Pace.” entoned by the deacon, NEW .YORK HERALD, TUESDAY, FEBRUARY 1], 1873.—TRIPLE SHERT. ‘ting clergy havin; it Daverens pIehog formerly Vicar General of of Brooklyn, rm’ and proceeded 40 ruE SERMON, taking for his text these words:— - = And from . “Thi pitueed are a in the horde ruta hence: (orth "works wil we ‘them. — — After the strong expression of grief reecattine from whom a relative is thken who appreciate the love- of @ holy lite, Under the influ- ence of such feelings the family, the congregation, feels keenly the loss of one who has endeared him- self to all by his eoeneh, his charity and those other virtues which entitle him to admiration and respect. But amid all the grief at such a logs there Look towards the sanctuary. Behold the priests, chosen by God himself; given a bigh and holy com- mission; spectacies to the world, to angels and to men; ambassadors of Christ. How glorious ii achoice? When one of these ig taken his I felt, but the testimony of bis loyalty t» the high commission intrusted to him, of tne ‘faithful dis- charge of the duties of an 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 amoug men—are great indecd. They are high and holy, they are inspired by the Almighty himscif to offer up sacrifice of His body, to exercise the wer of reconciliation—of reconciling the sinner God; to give to the world God’s words, to teach men the truth from His lips, and through Him the sins of men to be blotted out. These duties are commoa to all, but there ts a high greater responsibility, and while the office of er honor, & the priest is high indeed, there is something higher and greater. 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 Tealize 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 lie he reste from his labors and his works will (ollow him, ‘the 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, ‘he zeal, constancy, chartiy. and patience with which he discharged the dui thousands can at- test. tis known to the world, and I cannot heip quoting an eloquent remark that was made to me—Yes, Bishop, Father Starrs never did any- thing to bring a blush to his cheek.’’ In addition to the duties of the priest there was 4 higher honor conferred on him. Why? Because he was orthy; because he displayed prudence, arity, zeal and patience. He won the’ approbation of his superiors and secured the confidence which they reposed in him, All knew the discharge of his official functions he displayed all the virtues, and in an uncommon degree. One thing was the foundation of all the rest—ioyalty to his ecclesiasti- cal superiors. He never swerved in the least de- gree from what he owed to his Bishop, Bishop Du- bois knew his worth; he kept him by his side and appointed him assistant pastor of this church. is Other virtues were conspicuous in his life. He had charity, not ontyin dispensing material things, but in the spiritual order. His heart was filled with charity. He received and treated all kindly. The learned and unlearned, the rich and the poory all loved him, ali appreciated and had confidence in bim. 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 I need not say anything. He felt that God had sent him on a ministry of reconciliation, and if 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 oxpatided with charity; he could not remain with cold indifference in the matter; he would go into the confessional and exercise the power given him and perform the labor of his mis- sion with his usual assiduity. He was patient—remarkably so. No matter whether dealing with the rer the rich, sinners or otherwise, patience distinguished him, One other trait distinguished him, and that was pru- dence. He piwars took time to deliberate. the same time that he was considering the cir- cumstances he studied the dividual, 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 another trait he had—coniidence. He was sincere. would win your confidence and would tell you plainly what he thought, You might unbosom pouracit to him and place the fullest confidence in im, He never would betray it. All these made him a wonderful man. His heart was full of charit; and conspicuous for his patience, prudence au confidence; and while attending to the duties of Priest and Vicar General he had other and heavy obligations, It is no easy task to direct religious comiuunities, but he was considered ft to assume the direction of the Sisters of Charity from the very beginning. He was also interested in other orders tii, Sisters Mercy and ot the Good epherd. All around ther Starrs was doing good, giving counsel peculiarly his own and which he was most compe- tent to give. He has left 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 example 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 seeing young priests grow up full of charity and zeal for Teligion. This was one thing whict gave bim com- fort, and another was to observe in ali the clergy devotion to their Bishop. I canzot say more about him than to repeat the words ‘ne Lord hath led him in the right paths, hath given him knowledge os 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 ‘teed from their labors and their works wiil lollow em, 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 sacristy 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 fine effect. 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 “Libera” and the usual ayers and invocations ha cen given, andthe hy bishop, Wy the Spplatant priest, had walked ice aroun 6 cutatalque, once asperging it with the holy water, and again waving over it the censer with burning incease and the rayer for the rest of the souls of ali the faithful Rcparted, the Archbishop ana ofliciating clergy re- turned to the sacristy. The clergy then again es the tapers which By, held in their hands, Bishop Bacon robed himself in amice, stole, cope and mitre, and THB FUNERAL PROCESSION was formed. The casket was liited from the cata- falque and on to the shoulders of the Rev. Fathers Mooney (of St. Bridget’s), McGuire (of Harlem), Woods (of Morrisanta), Mckvoy (of White Plains) , pad (of Staten Island) and Dr. McSweeney (of oug! kkeepsie), and was borne slowly along the fe preceded by the Bishop, Nanked by the pallbearers, John Kelly, John ‘McKeon, PB Dolan, M. O'Keefe, Dines Carolin, P. Hagan, J. McKinley and T. O’Donohue, dnd followed by the cle! in double file, bearing lighted tapers and chanting the ‘De Profundis.” Out inte the street and into the vault underneath the church the solemn 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 extin, hed, the processionista re- turned to the sacristy and the ense congrega- tlon quietly and speedily disper THE MUSICAL SERVICES vannot be too highly praised. The Vathedral quar- Mmes. Chomé and Unger and Messrs. Urchs and Schmitz—augmented by Mr. Grail, tenor; Mr. Sohst, baritone, and @ chorus of sixty from the Liederkranz and Church Choral Union, with Mr. Gustav Schmitz as leader and Mr, Franke presiding at the organ, gave the works of Mozart Dom- zeta with full force and admirable taste, ‘The arrangements, as planned by Father Kearney and Sexton Hart, thanks to the very eficient aid @f 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 eoldn the weather occurred to mar the conduct of the entire aifair. Scenes 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 thousamd five hundred Persons on Sunday, and this number being suM- cient to crowd every availabie place in the church, it became necessary to suspend any father distri- bution of them on yesterday morning, the natural consequence of which Was @ continual congregat- ing of inadmissibie yet, no doubt, interested per- 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 mine o'clock A. M., and there was no further possibility of entering the church unicss by par sine Provided with tickets, 8 caused much evident pain to numbers, of whom many were most respectable looking. but they nevertheless, be satisfed, and, although the frosty air of the morning was pierc- ingly cold, waited outside patiently to the last. Clergymen had sometimes great dificulty in pass- ing through, cially those who wore their beard: guph af priests of the Benedictine and Francibcan orderd, 6n whose countenances the uards of the peace failed to detect any sem- lance of sacerdotal 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 ent’ances. At this time a multitude of persons were admitted through Mott and Mulberry streets, Some lingered around the walls o1 the cemetery or clung to the tron palings in front and rear of the Cathedral, Others, deemn- ing it a favorable opportunity, ran to the pastoral residence in expectation of procuring tickets, but were sadly disappointed, for all the priests haa Just left, and this was another stroke of wearyng Tepulsion, ‘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 vicw in ‘the recesses of the Cathedral aisies and sanc- tuary. As soon as the first loud tones of the organ came rolling out upon the frosty air eac) outsider muttered to his or her neighbor that tie requiem services had commenced and that there was no use now in trying any further. For two long BOOT, however, the crowded lines of peo- ple lingered around the church, determined 0 see at least the last remains of “Father Starrs”? entombed in the Cathedral vault. 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 gooduess and the benevolence of the departed priest. “If they could only get one fine look at him before he was pat down under the ground forever and ever.” The men also, who had to remain, did so were patiently and without mach murmuring, At ten minutes to tweive o'clock the procession Was seen from the streets moving out of the church into the open space in front of the Cathe- aral, The crowds tien rushed to the railings and climbed the walls. The open windows of the houses on the opposite side of the street were crowded with heads peering down upon the multitude. ‘The coffin was at last seen borne upon the shoul ders of six strong venerable looking priests, while the solemn tones of the “De Proiundis’ were heard being chanted by tie choristers, The massive iron cover of the vauit was then taken up by the pallbearers, and after the final prayers were recited the remains of the good and vencrable priest were deposited on a bier within the subterranean pre- cincts of his last earthly home, PORT DEPOSIT. Each Subsiding of the Water from the Streets of the Town—Not in Immediate Danger of Being Swept Away—A Grand and Awful Scone on the River. Port Deposit, 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, but 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, and the rolling mill at Rowlandsville was forced to stop work. Tle water that came into this place yesterday was but three or four sect 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 solidly in front of Port Deposit and as far as the eye can Teach 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 {s 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, as they were- left when the ice stopped moving, and there are thousands of bits of lumver 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-flve feet from the building 1t is forty feet in depth, All the wharves are stil covered with ice, and the railroad track above bd 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 bas! generally has asked wiy nothing is done? If your readers could be here and see 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 de Grace, to Rowlands- ville, @ distance of nine miles. The ice is abso- lutely solid, and in seme piaces fifty feet thick, ‘This is no fancy pictare, but an absolute fuct. Be- low the gorge there is new-made ice six inches in thickness, extending out into Chesapeake Bay, WHY POWDER WOULD BE USELESS. Suppose the gorge was loosened at its lower end by blasting with powder, or dualine or hae A erine, where would it go? If there were uo ice below the gorge there is not enough water in tle river to move the ice off. The foundation of ail damage to arise to this place is ima sudden rise above this point. outict by 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 NOT! 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 upon M. Sardonu’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 unusu- ally strong bills. Sophia and 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 & la Salon,” play @ burlesque in which Lucca is the victim, 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 jast 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 en- gaged dia not contrast unfavorably with them, A Classic performance at Wood’s Musenm Iast evening was the representation of the comedy of “Sam,” with the American favorite, Mr. F. 8 Chanfrau, in the title rdle, 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 well as-numerous audience. ‘Sam’ continues his levees during this week and on Saturday after- noon, Next Monday Mr. Chanfrau will appear in his original character of Mose, in “New York as it Was” in 1848, The water, having no natural | | but that case clearly has ho application here. All th HORACE GREELEY’S WILL. A Westchester Surrogate Pronounces the Good Old Philosopher to Have Been Insane. ——_+___ Tho 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 Cofin, 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 takes it upon himself to proneunce 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, and a farm in Penn- sylvania to William Barnes Greeley, a brother of deceased, besides some miscellaneous legacies, The rest of the property is divided equally be- tween Ida and Gabrielle Greeley, The vanity of human greatness and publicity 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. Westcursten County—Sorrogate's Court.—In the Mat- ter of Proving the Last Will and Testament of Horace Greeley, Deceaged.—Rovert 8, Hart tor Ida L. Greele proporient of the will ot November 9, 1872. George P: Nelson and Joseph H. Choate as counse’ r guardian ad Ut, of Gabrielle M. Greeley, infant heir-at-law and next ot kin. isaiah J. Williams for conwstants and propo- nent of the will of mans y 9, 1871. ill of 1872 being presented for probate, On_ the alle; Messrs. Samuel clair, Charles Storrs and Richard H. Manning, being the executors named 1n an earlier alleged will of the decedent 1871, ap- bearing date ary 9, peared and propounded the latter will, and claimed that ‘the will of 1872 WAS VOID FOR LACK OF TESTAMENTARY CAPACITY. ‘The casos thus became consolidated, and the qu be determined was, which was the last will a ment. The proponent of the last will and testan L used bscribing witnesses to that will to be au ed and made out a prina fo case tor its estab- lishment, The contestants then proceeded with evidence tending to show that the decedent was not at the time of ity execution CAPABLE OF MAKING 4 WILL, by reason of unsoundness of mind. At an early stage in the progress of the case and after releases had been executed by all of the legatees and de- visees named in the wiil of 1971, save the children of the aged and the dren's Aid Society, and after Miss Greeley had executed and delivered to her younger sister a conveyance of one equal half part of all’ the property claimed to have becn disposed of by the will of 1872, the counsel of Miss Greeley and those of her sister objected that the contestants of the latter will had no longer any status in Court and no right to contest the same. In this, I think, they were wrong. Our statutes (3, K.8., Suh Ed), 1816, "provides that ihe executor, devisce oF legatee named in any last will, ow any person in the estate, may have th8 will proved. Any interest, how- ever slight and queer it seems, the bare possibility’ of au interest is sufficient to entitle the party to oppose'a testa- mentary paper. (Williams on Executors, 244; Dayton's Boreouatey 488 and 109.) The executors named in the will bt : HAVH CLEARLY BY STATOTE AN EXPRESS RIGHT to have that will proved they can establish the fact that it is the last will,and they may righttully contend against the validity of any alleged subsequent. will as an obstacle in the ‘way of establishing the will under which they Their interest in this re- ard $4 very apparent; for it they can succeed ablishing this will the title to the movable goods of vstator, though in ever so many different and dis- ct places, rests in him in possession, and did indced so claim. t presently upon the testator’s death. (Williams on tutors, 591.) ‘The probate for letters testamentary ix mcrely operative as the authenticated evidence, and not atall as the foundation of the executor’s title, for he de- ives all his interest trom the will iisel!, and the property of the deecased in him from the moment of the testator's de (Wayton’s citing Williams on Ex: 265.) At It of 1872 should. b Lisho it will, then the title would b elsewhere. Thus the proponent and contestants are try ing their alleged titles, Besides, THE CHILDREN’S AID SOCIFTY, named In the will of 1871, had not released its legacy, and had @ right to expect the Jock atter its interests, At the close of the contes! betore exhausting the evidence on the part ot the’ cou- tesiants, for alleged reasons, inmaterial to the decision ot the case, the counsel tor proponent stated that, under writien inktructions from his client and sanctioned by her sister, any turther effort to establish the will of 1872 .Was abatidoncd—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 suxgestion. Thereupon the executors produced the usual formai proot of the execution of the will of 1871 and applied tor jettera testamentary thereon. It seemed to be consid- ered Dy scme of the couusel that thuy the will of 172 and the testimony andall proceedings relating to it had been witidrawn from this Court. But this, I apprehend, could not be done in this or any case, The statute say. THAT RVERY SURROGATE SITALL CAREFULLY Ale and preserve nll affidavits, petitions, &c.— 3 R. 8 $14, oth Kd.) Upon proof be made of th of the vitation the Surrogate shall cause th be examined beiore him. All such proof and tions shall be reduced to writing.—(b. 148, § tiwony taken by any Surrogate in relation to the any will shall be reduced to writing ai by him in a proper book, to be provided an a part of the books of his otlice.—(b. 167, § 7.) ‘The Sur- rogate shall enter in his minutes the decision which he may muke concerning the suiliciency of the proof or validity of any will which may be offered for probate, And, it he find against it shall staic the ground upon which th nis made, &e.—(Ib. 150, § 6.) ‘Tye dur- rogate of cach county shall’ provide and keep a book in Which shall be entered ail inimutes of proceedings, &c.— Lb, $66, § 13, pl. 4. It will be sven that the language of these provisions is imperative, and that the SURROGATE HAS NO DISCRETION ON THE suRJECT. The testumony and pr edings cannot, therefore, be {must remain, as parc oi the records and and adeerce must be made. Tt would, petent for all parties, being aduits, in a tany stage of the proceedings, to enter into Lipulation, to be entered on the minutes, to authorize the Court to inake @ decree in pursuance of the terms of the stipulation. But here this diiticulty in regard to any such adjustment is encountered; an iniant isa party to Swcrogate, 2! however, ih valid | abandoned Os tO ud these proceedings, and neither his guardian ad litem or his counsel can make any admissions aflecting untavor- abiy the interests of the intant. This is a well cstablishea Tule,—Games Vs. James, 4 Paige, Buckley an Koyo, &e., 6 ab. , 683; Stephenson vs, Stephenson, 6 ib. and In ‘the case of Moore va. Moore, 4 Sandiord, ch. 37, the Vice Chancellor ordered the testimony of ah in- fant taken in the cause under the objection ot his guar- dian ad (item to be stricken out.) Perhaps the turthest the Courts have gone in sanctioning the act of the guardian ad litem in declining @ contest in relation to the infant's rights is the case of Levy va. Levy, % Mad. Reps, 145; cases, a8 Well as all elementary works on the subject, in- dicate ‘THE TENDER SOLICITUDE with which all Courts guard and protect the rights of those whoin (he law con-ders as meapable of imauaging their, own affairs. The consent, if such it may be considered, of the counsel for the propotient 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 18/2 and propounded as the last will and testament of the decedent, purporting to gt larger in:erest in his es- is children than the will of 1871, ts not in tact will and ought to be refused probate. Thus it veing impracticable, as I have endeavored w show, to withdraw the procecdings relating to the will of 1872, and tqually impossible to aecept or consider any such adinis- sion that may have been made by or on belialt of the in- fant it would seem, to remain my duty to consider, how. ever reluctantly, the case upon its merits, and to decide upon the testimony which shali be admitted and which re- jected. In doing so tuis embarrassing (net is encountered ‘atthe outset—that the testimony on either side is incom plete and fragmentary IN $0 FAR AS THE 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 1811 to be adinitied to probate. Ty this coursy, no objection seemed to be made. The counsel for contestants appears, therefore, to have assumed that no further testi- mony Was necessary on his side, and the matter was im this somewhat apomalous condition, and without argu- ment by the learned counsel, left to the Court to deter- mine. In every case a testator is presumed to be sane. To this presumption is usually superadded the testimony of subseribing witnesses, generally nun-experts, to the effect that they considered the testator to be of sound and disposing mind and memory. Here the subscribing wit- nesses testified to a compliance with the usual tormalities by a person whom they considered OF SOUND AND DISPOSING MIND and memory. Thereupon, and without any regard to any facts or circumstances occurring at any other time or jace than the scene of the execution, the proponent was eld to have made out a prima facie case, and ‘the burden of proof Was thrown upon the contestants to establish the fact. if they could, that some or more of these formal ties had not been complied with, or that the testator w: incapable ot making a will by reason of unsoundness inind., They. sougut to assail its lidity on the latter ground. It is perhaps unnecessary to detail with any degree of minuteness the testimony which the contest ants adduced with A VIEW TO RSTADLIBIING INSANITY. Suffice it to say that the intimate associates of the de- cqdent observed, at least as carly as the Ist of November, 1874, in hig acts,’ appearance and conversation, indica: tions of aberration of mind which gave much con- cern; that this condition continued down to the 9th day of November, the day of the date of the will in contro- Yersy, on Which day his conduct and language were ot so Inarked and unusual a character as to leave no doubt of his insanity. ‘The painful history from this period down to about the 201 of November, when he was removed by iends to the private asylum of Dr. Choate, near ville, isturmished by the testimony and there it cet in that date toa few hours previous to his death, on the 29h of November, we have no direct evidence ‘as to his bodily or mental condition. Upon this evi- dence, n coancetion with the peculiar provisions of the will ithe light of the fact, as alleged, that Gabrielle was, if anything, his tavorite, and the conirast between it and other wills ‘therefore made by him, and the further Tact that in it he notninates no executor, when in 1871 he had urged upon his friend A. J. Johnson as the chiet reason why he should make a will that he could thus appoint yuld seer inte the grounds upon lies TARY INCAPACITY, timony of the subscrib- his own executor, which the coutest AS ESTADLI and as so far overcoming the ing witness @s to again cast the onus probandi upon the roponent Int m inelined to believe he is right. Boday the most of it, the evidence of the subscribing wit- nosect is very meagre and Unsatistactory, when we con, dentiacts Here was a person who had manifeste! Ipable in ions of unsettled reason as (o cause his most cherished ang intimate friends the liveliest anxiety, Who was, by their advice and under their direction DOUNTLESS, REMOVED TO THR PRIVATE ASYLUM of an eminent physician, who made the treatment of diseases of the brain @ specialty, and who remained un- der his treatment until the dise: ulminated in deat! At the time ot the fartum of the alleged dd, uring chat day. tio woud was, uttered by the dyi Sther than the monosyliables “Weil,” “Yes,” and “No” in response to questions put to him. ‘hen first asked if the ayer was his last will and testament, he, j ‘with his eyes closed, said "No," and oh repeated in a diferent torm, he openc Tateed his lead, looked at it, and said “Yes,” = by. Mr. Stuart i be. ‘would hi as o1 itnesses, “No,” at which Mr, Stuart thathe repeated the question by Suing? ILL YOU HAVE MB, JOHN BR. STUART, witness itm and the response’ was again “N ” Tattae very al! ‘tance to the incident of the Mo inla Ing with Mr etd white all of these <i ing Ww ir. wi all of ese circumstance Devconsintent. with ‘the <igunduiess of mind—therelore wane. They certainly, kes me, are not inconsisten: with the continued unsoundness, where it has been oh. clearly established. The onus was upon the proponent ire oye Any doubts upon the subject, were it practic. able so to do. 7” pap The above seer the evidence shows, occurred abcut an hour before the dissolution of the decedent ‘There is no evidence as to where this will was written or as to the attendant circumstances or as to where it Was found, of that the decedent had any agency, what- ever in its’ production for format execution, and Ian ‘ot permitted 70 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 fo ~] at the time of the so-called execution of the al- leged will, nder the pecoliar facts of the case, had the parties all been of age, the intendment would in consequence have been strohgly against the proponant, On the other hand, because thete fyan intant party Principles of law cannot be relaxed nor unwarranted inferences from evi- dence be made im her favor, In these respects the knows no distinction of sex or age. Soundness and fectness of mind are held in law to bo ABSOLUTELY REQUISITE IN THE MAKING OF WILLS, the health of the body merely not being regarded. If Keneral insanity be proved it is presumed to continue Until a recovery be shown; and the party alleging a res- toratton to sanity must prove his allegation, (Grobell vs. Barr, 5 Barr, 441.) With reapecs to persons of unsound mind having lucid intervals, it is sufiicient if the evidence adduced in support of the will shall establish that the party afflicted had intormissions, and that there WAS AN INTERMISSION AT THK THOR ofthe act; but the order of proof and presumption ts thereby inverted, for where insanity is established, then tho party who would take advantage of the act, and during an interval of reason, must prove such act to have been sodone. (Cartwright va, Cartwright, | Phellim, 90 P.) In this instance we have the general insanity of the decedent established, and no suflicient proof that atthe | of the /uctum there was an interval of reayon. Ap- plying the Above principles to this state of facts 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. law per- Have the Spaniards Purchased the. 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. L, 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 Biatch- ford, upon the proviso that her cargo should be discharged, which was accordingly done. HER ILLEGAL DETENTION AND CAPTURE. Indge Blatchford subsequently in the United States Court refused to grant ao 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 wefe 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, 671, 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 at St. Thomas three Spanish men-of-war were despatched from 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 pursned and overhauled by a Mosquito gunboat. Aftera 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, ag 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 :— Rerorrer—I hear this steamer has been bought by the Spaniards, SHIPKEErER—Sorry I can give you no informa- tion, sir. Ireally know nothing whatever on the subject. 1am merely herein 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 breadtn of beam 30 feet and 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 Jor 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 guubvat, and rendered good service along the coast, and particularly in the Gulf of Mexico, where, under the command of Captain Reea, she Cope many blockade runners. On her deck is @ handsome steam launch. HAVE THE SPANIARDS BOUGHT HER? t is reported that her bill of sale hag been made in blank, And that the names of her true owners have yet to be inserted. Considerable interest is attached to this vessel, and some time will proba- bly elapse before itis known what colors she will fly. ‘The price paid for her has not transpired, bat in all probability itis a high one. It was reported last night that she is to be taken to Mr. Delamater’s shipbuilding yard to be fitted up with the ex-Con- federate privateer Chickamauga, gunooat, to reinforce the crippled “mosquito fleet,’? A STARTLING RUMOR. It was ues 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 givefl for what it is worth, SENATOR WILSON'S RESIGNATION. Sniniarnesnpeenetnins Letter of the Vice President Elect to the Governor of Massachuscttsa—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 follow- ing communication from Hou. Henry Wilson:— THR SENATOR'S RESIGNATION. Natick, Mass., Feb. 8, 1973. Srr—I resign my seat in the Senate of the United States, to take effect at the close of the Forty- second Re the on the 3d of March next. In tendering this resignation to enter upon the duties assigned me by the suffrages of the nation, I desire to express to the people of Massachusetts my | grateful thanks for their generous confidence and support. Four times, 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 | have served them have been eventful and of his- toric significance: grave responsibilities and high duties have rested upon me. Mindful of imperiec- tions I yet feel in retiring conscious that Ihave 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. I are, very respectfully, your obedient servant, HENRY WILSON, To His Excellency WILLIAM B. WASHBURNE, Governor of Massachusetts, $ THE STATE CAPITAL, The City Charter Bill To Be Ree ported on Wednesday. No New LDevelopments 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 tne reassem- bling of the Legislature, and “general order” had everything to bimself. 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 leaders 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 of the bill and had formally voted on the amendmenta proposed some ten days ago, that a sub-committee: consisting of two republicans—Opdyke and Patter-’ son—and one democratic—Dering—was appointed to so fix up tne Charter bill as to make it read prope erly—in other words, to make all the verbal amendments necessary (0 make it from the first to the last section consistent with the amend- ments engrafted into it by the two committees, THIS SUB-COMMITTER 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 th metropolitan journals that they were authorize’ to draw up anew charter. The trio did no’ hold @ meeting on Saturday, the home enjoymenta 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 wells Opdyke isa neavy weight in syntax; Patterson, they say, isan authority on punctuation, partiou< larly commas and semicolons, and Deering was ap+ pointed on no other ground than because he ca act as an unfailing umpire whenever his two aga clates get mixed on “incidental phrases,” the valu of conjunctions and the necessity*of neminative cases not ae riot with verbs and pronoung generally. So the bili will, no doubt, be a pretty Jair composition when they get through with it. Wednesday seems to be the day generally fixes upon when the two Committees on Cities will get ti ro this sub-committee on grammar and report » and THURSDAY, IN ALL PROBABILITY, BEGIN in the Assembly. Although the sub-committee, ad was said before, have no power to make anything but verbal amendments to the bill, yet it is almost certain that the apse of the appointing powss i THE FUN WILL will be settle before it is reported § t either house nthe full Cominittee on Cities of both houses (each committee acting without concer!), There is no reason as yed for doubting that the question will be left just where the Custom House |-adets have already des cided it shoula be left—namely, with the Mayor and the Board of Aldermen, the Mayor, at the ent of o twenty days disagreement on appoint< ments, conferring with the Board, no having one vote, thus, of course, in realit, iving the power of appointment to the Boal There 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 tie. bill; but the leaders have seemingly set their footw down. Their decision to throw Green overboard has satisfied the discontented among the faithful who based their cry of “partial” legislation on his being retained more than anything else, and so TILDEN, KELLY, HAVEMEYER AND THE REST, of the new reform democratic coterie in New York, have very littie reason to hope for a@ different re- sult than a complete crushing of their ambition ta rule the roast, with the aid and good graces of the present Chief Magistrate of the Me An effort, I understand, is to be made to-morrow by certain potential irtends of Mrv Havemeyer, whe claim to beiong to no particular party, to induce the magnates to “let up’ on the old man, and they wiil argue, with the Mayor's speech to Jolin Cochrane's liberal repubti- cans in one hand and an engrossed copy of his “past record’ in the other, ta show that he onght not to be snubbed. But they, too, will have to go home, it is feared, singing, “Thou art so near and yet so far;’’ and even then, with trembling lips and hearts cast down because certain people in Albany will persist in doing just as they please, no matter what : SPECIAL PETITION AMBASSADORS 4 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, aud suddenly disappeared agaim this afternoon on the New York train, Hta friends say that he didn’t say charter, once while he was here, not even at chureh; but then he left @ letter for, @ puissant gentleman here who may not look! upon it simply as @ good-by. ‘The letter wus a@ voluminous one, and, doubtiess, contains mau: legal points in some case in the courta in which Mr. Lafin and Mr. Murphy and a few other good 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 considercd in Committee of the Whole this evening, and progressed at his request so as to allow members an opportunity to study its 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! the people of tho State of New York, he people 1 ate of ‘ew York, represented Senate and Assembly, do enact as follows ae Section 1.—At any duction sale of real estate, stocks or bonds hereatter held in the State of New York, it shall bo unlawfal for the auctioneer, owner or owners offering any real estate, stocks or botids tor sale, or for any pervoik in his or their Hehalt, or by his or thelr order of advice, or wader his or their Wirection, or in collusion with then or either of them, to make any talse, fraudulent o fictitious bids thereon, with Intent to defraud any pure che thereof or any person bidding thereon. sir 2 y per n Who shail violate any provi shallbe deemed gully ot es ceaenee punisha’ by a@ fine not exceeding $200 for each offence, 3.—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 PROM THB CHAMBEN OF COMMERCE of New York in favor of the repeal of the usur. laws and for the removai of the tax on bonds pt’ mortgages. ‘he memorial presents the argument that the customs of business have overridden and rendered nul! the operations of the usury laws, and that their repeal is therefore necessary. Tete we- companied by copies of similar memorials pre- sented to previous Legisiatures, findin; ones C7 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, 5 or rather a remonstrance, against the laying of railroad tracks in Fift!: avenue, below Twenty-third street, stating that that thoroughfare is at presons. the only one running lengthwise through the cig that has not been encroached upon by the trom the preceding sect rails; that transit up aud down already comparatively easy and will soon be uite rapid; that it is @ street almost entirely of residences, and that much inconveniences to residents would eusue from the laying of double tracks thereon, particularily during the Winter time, when the railroad companies would bank the snow upon the sidewalks, rendering it impossible, or at least inconvenient, for carriages to reach their doors, and also depriving cits. zens of the facilities for sleighing presented at present on that thoroughiare 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 RK. Remsen, James: Lenox, A. C. Kingsland, Robert L. Kennedy, Ed- wards Pierrepont, Jolin J. Cisco, James Otis, Degraw Livingston, Robert L. Cutting, Moses Taylor and Gunning 8. Bedford. News of the DEATH OP ELEAZER JONES, member from the Second District of Washingtom county, reached here to-day. It was not an- 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 Stave.” ‘eW YORK, Feb. 8, 1873, To THe Evitor or THE HaRALD:— lam notopposed to rapid transit in this world but [am opposed, as are many others living in the vicinity of Fourth avenue and Ninety-second street, & rapid transit to another world by being kept awake every night with the rumbling sounds of Mr, Harmon, of Essex, offered an order that ‘Tuesday, March 11, at hait-past two o'clock, be 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 for an election alter @ vacancy occurs, Finally the order was adopted, ten to fifteen blasts three or four times during tha night, and are much more severe than the cart! quakes of San Francisco, to some of us at any rate, and it is very injurious to our health. A m0- tice Inthe HERALD may stop this; if not, an ine Junction will, A SUBSCRIBER OF TWENTY-FIVE YEARS