The New York Herald Newspaper, March 11, 1873, Page 7

~~ GERMANY. Prince: Bismarck in Powerful Opposition te the Position of the Papacy. The Logic and Theological Prophecy of the Impe- ‘tial Chancellor—What the Roman Catho- lio Prelates Say to the Crown. TULCCRAM TO THE NEW YSRK HERALD. Barun, Marchi 10, 1873, Prince Bismarck made a poweriul speech to-day «{n the Upper House of the Prussian Dict in support of the bill limiting the powers of the Roman Catn- ‘pllo clergy. Cabinet Arguments of the Chancellor. Prince Bismarck outlined the main points of his speech to the Prussian people by the puviication of @remarkabic article on the subject of the Pontifical position of Rome, in his press organ, the Nationa! Zeteung, of Berlin. This production goes on to say:— If curse and ban possessed an immediate magi- al agency—ti the conjuror of the Vatican could let = the little stone that would smash the Colossus— 16 Oppressed Church would change itself imto a triumphal one, and that in the proximate iuture. Never have more objurgations failen from the lips of any Pope than frem those of Pius IX. There is no State with which he has not fallen out. He has golemniy cursed the fundamental laws of Germany, of Austria, of bes he has com- menced open war with Switzerland; he conspires against the constitution at pres- ent obtaining in France; his anathema has fallen opon Spanish arrangements; several years have elapsed since he expelied the Russian Envoy with violeuce from his Court; such matters, even in Papal histery, are not by way o! being rarities— atieast during the last three centuries. ‘The un- derstanding must accommodate itself to many in- comprehensible things; but hitherto, when the Okurch’s need has risen to its maximum point through the vagaries of a Pope, help has always beer hard at hand. The savier Death has appeared d has bundled off the old conjuror ; and, inspired yy the Holy Giost, the Conclave has raised to the Beat Of the Apostie-Prince a man of diametrically ‘Dppesite principles, * * * Do not those words ‘exactly fit the present condition of the world? Not the temporality, but the Church itself is fallen, througn syllabus and dogma ot infallibility, Jnto @ far worse and more dangerous posi- tien tham under the Pontificate of the ‘thir. deenth Cicment. It was, considering the oe temper (Cesta eeyacieale tle ot the age, the Most fatal of all the Roman stupidities to insist upon the proclamation of these theories. It was a matter of avsolute indifference what the Uhurch thought about them; we, who do not belong to ner, were insulted by the impertinence with which Bn Old and, according te our notions, itnorant man, dared publicly and solemnly, in tue para- Hate of hia syllabus, to eurse that which he es- emed nom and to assume to himself, in the para- graphs of his fantastical dogma, a lordship over us. Wordiness, culture, the State itself, were chal- nged with an intrepidity only equalled by the lindness of the ringleader; net we evoked the calamity. When the oppenent of infallibility, those eighty-iour men who had in all preliminary meetings declared themselves against the procla- mation of the dogma, quitted Rome before the decisive vote of the Council, abandoning their fag in the most cowardly manner, the bark of Christ sprang an irreparable leak, and it was lainly manifest that those who sat in it were no rtyra, but hirelings; then society, half ipcredu- us, Saw with astonishment and horror that in the General Council of Cathelic Christendom there was ot one conscientious Man to stand up and say, “Here I stand; I can de no other; God help me farther, Amen!” This fact condemned the Catho- fic hierarchy. The infallible Pope Pius IX. was, in |e) the ideal of the Italian liberals whom to-day curses. The transformation which the world ‘shen hoped for at the hands of the Roman Cathelic ‘Church already cast widely before it its majestic shadow, Wherefore secede trom a Church which Imtends to make its peace with modern cul- ture and society? so said aes thoughtful yple—and remained. The syllabus, the ‘non jumus” and the infallibility dogma were ecessary {0 prove that between modern lety and Reme nothing real or durable can exist cept War. Roman Catholicism is being surely firiven to take up that position which, 1,500 years pee, perishing heathendom occupied with regard ambitious Christendom. It is the religion of She uneducated. * * * So long as Rome could em of the secular arm in her service, and the might of ignorance besrouded the world, her 4 tery was easy. No intellizence was required ‘to burm dissidents. The cenflict in which we are how engaging in Germany derives the desperation its character only from the fact that the State 4 too long favored and furthered the aggressions ‘pf the Church. * * * The liberals over-estimate iphe streagth of their adversary. In the end this ttle must become a battle of intelligence; and pon that territory the Jesuits, ghostly as well as eon with all their dogmas and the miracles of ree its to boot, cannot but yuickly ceme to She Roman Catholic Bishops to the German Crown. Ashort time ago the Archbishops of Cologne and ‘Posen, in their own name as well as on beball ot the other Roman Catholic Bishops of Prussia, pre- sented a memQrandum on the impending eccle- siastical legislation to the German imperial gov- ernment, in which tney said:— His Majesty's government have just submitted to the Landtay of the monarchy several bills trespass- lng upon a sphere legitimately belonging to tne Dharch, and deeply affecting the internal life of Catholocism. Even had not, in accordance with with our inalienable rights and the actual legisla- tion of the land, the relations between State and Church from time immemorial been dered by mutual agreement, the Prussian ishops might have expected that they would aforded an opportunity ef expressing an opinion upon affecting the Catholic Church prior to their submission to Parlia- ment. ithout infringing on their duty they would then have been in a@ position to endorse some clauses of the bills in question, while others might have been referred to the Holy See, and per- ‘haps amended and sanctioned by it. but inas- much 4s these bills, albiet severely wounding the (ife of the Catholic Church, have been framed by the government alone, without any preliminary Brrangement or ne; otiation with the legitimate ecclesiastical authorities, all that remains for us is to formally and solemnly protest against any of their clauses violati the natural or acquired rights of te Catholie Church or prejudicial to the liberty of conscience and the right of freely pro- fessing their creed enjoyed by the Catholics of this kingdom. We likewise formally and ern pro- test against any laws to be issued in future based upon the above bills. We now beg to offer some detaiied remarks, which as we are | Pepe for time and cannot now ex- ust the subject we reserve to ourselves the right of supplementing by future argument and reasonings. We then declare that, in accord. ance with the Catholic creed, which being based ‘Spon divine revelation, we Catholics uncondition- lly accept and believe in, and are entitled so to accept and believe in, because our liberty of con- science cannot be lawfully touched ; in accordance, again, with our natural rights and the laws of Feagon ; in accordance, moreover, with the histori- vCal and acquired rights of the Cathelic Charch in “Germany, and of the Catholic districts of the king- dom, which when incorporated with Prussia were by rent Kings solemnly guaranteed the fall and unrestricted continuance of their religion and Church; iu accordance with former agreements concluded between the Apostolic See and the Prussian Crown, or the Apostolic See and the former ‘Sovereigns of various districts now belonging to this monarchy; in accordance, too, with the Papal decrees issued in consequence of these agreements; in accordance, lastly, with the clauses of the Prussian charter, guaranteeing the rights of the Catholic Church, as well as of the other more important Christian deneminations, the Oatholie Church in Prussia possesses the in- alienable and invielate right to manage its own affairs by its own legitimate organs in ail matters of faith anc morals, as well as of organization, ad> ministration and diseipline. The primary and Most essential right of every Catholic diocese and individual member of the Church is the right to belong to that Church whose head is the Pope, and fo maintain an identity of faith an:l keep up a con- -etant and effectual connection with His Holiness, “who, under the Catholic religion, is, by virtue of bis divinely appointed ofice, tue supreme pastor .and foundation of the whole Catholic Church, and all its several parts. The second and no less essential right of e Catholic dio- cese and individual is the right to be governed in religious and ecclesiastical aati by no one ex- cept by their legitimate ecclesiastical supertors— that is, the bishops lawfully subject to the Pope; those superiors, according to our Catholic faith, having been divinely appointed by God to govern their dioceses in harmony with the injunctions of Christ and the laws of the Catholic Church. Under these laws a bishop is not only divinely appointed, but also enjoined by God Almighty to exercise three several duties in his diocese. * * * In -@enclusivn, we are compelled to couch the most determined protest against that provise in the bill which, restricting, the exercise of the disciplinary ower to Prussian ecclesiastical authorities, inter- is with the jurisdiction of the head of the Church. Upon peace between State and Church is or the welfare of both and of society. The bishops, the priests and the Catholic peopie are ae to the kingdom ef Prussia nor to the empire of Germany. The: neither in- tolerant nor unjust, nor hostile towards other denominations. Thelr only wish 1s to live in h all the world. The only thing demand is to be permitted to pro- fess unmolested the faith, the divinity and truth of which th 1, acknewledge. All they insist upon is that the integrity of their religion and urch and liberty ef censcicnce be re: ited. “They have made up their minds, with all Cua be disposal, to defend lawtul free- Scene eae ee ir i Biste no the Church, from the very hot. those ne sAinye tho rulers e having an tofluence the ct ‘adairs to Fetrace their stens tn entered upon; to restore peice and th consolousness of an’ acknowledged and lawful position to the members of the Catholic Charch, numbering so many millions in Prussia and the German Empire at large, and to refrain from forcing upon us & set of laws which, wile every bishop would find them incompatible with his oath of office, and every pricst and layman contrary to the dictates of his conscience, would entail endless misfortune upon our beioved country were they ever carried out by force. SPAIN. Political Party Tactics for Sectional Advan- tages and Commercial Profits. The Council Presidency—French Reports of Citi- zen Disaffection—Course of Opera- tion Of the Carlists. TELECRAM TO THE NEW YORK HERALD. Maprrp, March 10, 1873, The radical Deputies to the National Assembly from Andalusia have called a meeting of all the Andalusian Deputies in the Assembly to consider @ propesition for setting up a Federal State gov- ernment in Andalusia, based on free trade and free ‘ports, The federalists are organizing a revolutionary Central Committee iu Madrid, The irreconcilabies have made attempts to se- duce the troops of the garrison from their loyalty to the government, but without success, THE PRESIDENCY OF THE COUNCIL OF MINISTRY. Sefior Pi y Margall, Minister of the Interior, pre- sides over the Ministerial Council in the absence of Sefior Figueras, PARIS REPORTS OF CITIZEN DISAFFECTION IN THE PROVINCES. A letter from Madrid under date of Saturday last Says it was reported in that city on that day that twenty-two of the provinces of Spain have threatened to discontinue their recognition of the authority of the government of Madrid if the As- sembly is not dissolved. It was also reported that threats had been made by the authorities of Cata- lonia to declare the independence of that province. THE CARLIST CAUSE AND ITS CONSEQUENCES IN THE CouNTRY, A despatch from Bayonne to Paris says the Car- lists in the Spanish province of Guipuzcoa have cut the raiiway and burned sevéral stations be- tween San Sebastian and Irun. Travel between those towns is entirely suspended. A band of in- surgents is threatening Irun, and it is feared the town will fall into their hands, ENGLAND. American Cotton Supply. TELEGRAM TO THE NEW YORK HERALD. Lonpon, March 10, 1873. AMERICAN COTTON SUPPLY. Thirty-nine thousand and sixty-one bales of American cotton were landed at Liverpool to-day. CUBA. Indtpendent but Not Over Modest. Havana, March 8, 1873. In answer to certain propositions the 7ribuno announces editorially that it will not seli itself or its opinions, AMUSEMENTS. Lucca and Kellogg in ‘‘Mignon.” The repetition of Thomas’ opera at the Academy last night was tolerably successful on the whole. With two such artists as Lucca and Kellogg in the principal female rdles the public receives as muca a8 Managers in these beggarly managerial days are in the habit of giving. The opera is very far from beiag a masterpiece, just in proportion as the composer is far from taking rank with the great masters of song. He has his pleasing touches and his little flashes that look like the true inspiration, but are not. The libretto is rubbishy, as librettos generally are. The story is improbabie, but romantic, and only in the last act reaches anything like dramatic force, and then by the time-honored recognition be- tween father and child which has passed imto a byword of buriesque. There is no neces- sity. in looking at last night's performance, to tread the delicate ground of comparison between the Mignou of the two seasons gone and the non of the present. It is, nevertheless, some- thi which wanders tantalizingly through the brains of the veteran opera-goers, and bushels of wisdom have been wasted on the subject in the corridors of the Academy. Nilsson and Lucca, of course, have found their par- tisans, each as fierce and dogmatic as the “author- ity on music” always msists on making himself. The fact is that Mignon in New York has been a Means whereby two great artists have been crammed into a very interior part, and there arg eccasiens in it when to obtrude a special merit ts to still further distort a character already out of the order of naturalness, This salient fact is one which your partisan habitually ignores. Mme. Lucea brin; to the part dramatically, her intensity, which, except in the scene we have mentioned im the last act, has no opportunity for its display, and there she makes the most of it. The concerted piece in the first act was very weil rendere@, and Mignon's little prayer, “Santa Vir- gine Marfa,” brought forth all the full, rich tones of her lower netes that dwell so in the memory. In the second act the caprictousness, “Cenosco un Zingarelio,”’ exhibiting semewhat her skill in rou 3, Was very charmingly rendered and brought a recall. Uniortunately, if we except the solo in the ark scene, which Lucca gave with power, the striking oppor- tunities for vocal display go no further. The cast has one great advantage over that of the Nilsson season in the possessien of Miss Kellogg as Filina. it is a part, oddly enough, that does not call for much acting, although itis the part of an actress. Miss Kellogg has only to sing a couple ef arias and some bits of recitative. the rest it is merely necessary to look pretty and act without sympathy. She succeeded in these requirements without difficulty. Her polenaise in the third act was a fine piece of vocalization in her best method, and received a deserved encore. Vizzani was in better voice than usual last night. Jamet was, as usual, conscientious. On Wednesday “Der Frey- schutz”’ will be perfermed. os Niblo’s Garden. at Niblo’s Garden “Leo and Lotos” was presented in 8 slightly revised state last evening. The action of the piece has not been teuched, but new songs have been given to several ef the characters and the ballets have, in some particulars, been re- newed. In the variety pertion of the entertainment Richard Hoifman has been introduced to give the falsetto Swiss baer ay and Sefior Sparate, the “Man Ape, f in perilous postures at ,”? puts himse! the top of a pole, heldin the grasp of a brigand- lke organ-grinder. ‘These novelties are not very important, but as “Leo and Lotos’” retains its scenic interest, they give in some measure renewed life tothe entertainment. THE NEW HAMPSHIRE ELECTION. ConcorD, March 10, 1873. The trains this evening and throughout the day brought home voters in considerable mumbersy though net in crowds, as before the previous elec tion. There is no new phase in politics. The re- licans still claim they shall elect Straw and rig By three Congressional distri and that the Honse and Senate will remain about the same as last year. The democrats express conf- dence that they will carry the Second and Third districts, while the First is doubtful; tbat if there is any election by the people they will be successful. Everything is remarkably quiet, though both com- mittees are hard at work. OHIO OBJECTS 10 THE CONGRESSIONAL BAOK PAY. Co.umsus, March 10, 1873. In the Lower House of the Legislature to-day a resolution was adopted censuring the Ohio Mem- bers of Congress who voted for the retroactive salary bill. A motion to amend the resolution so as to censure the President for signing and approv- ing the bill called out earnest disct D, and was Qnally lost by a vote of 24 to 52, A OLUE TO THE HOUTVET MURDER, Portsmovtn, N. H., March 10, 1873 A shirt stained with blood has been taken from ‘vault at the house of Mr. Johnson, in this city, identified as nelonging to Wagner, who ™arded NEW YORK HERALD, TUESDAY, AFRICA AND CUBA. Convention of Colored Men in Washington. CIVIL BIGHTS AND BELLIGERENT BIGHTS. General Banks on the Duty of the United States Toward Cuba—What the Black Men Should Do. Wasutnoron, March 10, 1673, A Convention of colored meu was held here to. night at the Fifteenth street Presbyterian church, at which were representatives from various parts of the country. The object was to give expression to their views on the subject of Cuba. George D. Downing presided, An address was presented. The first part of it claimed the full measure of civil rights to which the colored peopie are entitled, and expressed the hope that the next Congress would pass a Supple- mental Civil Rights bill for that purpose, in accord- ance with the pledges of the republican party aa Tepresented at the Philadelphia nominating Con- vention. The second part of the address expressed SYMPATHY POR CUBA and denounced the barbarity of Spain in the con- tinued enslavement of its negro population. The address concluded witha resolution that the Presi- dent has fully committed himself to the principles of Civil Rights, and in his readiness and efforts to secure them is entitied to the highest confidence and csteem of the colored race. This resolution was greeted with applause. The next resolution was read as follows :. Resolved, That Charles Sumner (applause), the name which, above all others, comes to mind in connection with civil rights. is precious to the colored man. (Ap- pisuse.), He fas our gratitude, and also our sympathy, D a lp ai Oe. and hopes tor bis speedy recovery. (Ap- Mr. Sella Martin addressed the Convention in advocacy of beligerent rights and in favor of the abolition of slavery in Cuba, Hon. N, P, Banks entered the church while Mr. Martin was speaking, and was greeted with ap- plause. He was subsequently invited to address the Convention, and in rising to do so he expressed a deep interest in both CIVIL AND DELLIGERENT RIGHTS. The two really constituted but one subject. There was only one question with colored men in this country and the colored men in Cuba, and that was civil rights, If men have a right to contend for their liberty that was the first of civil rights, Liberty was the most precious of all civil rights. If Cuba were thousands of miles away, and its in- habitants strangers to us and our government and ourselves not affected by it, there would be no propriety in discussing the question. But Cuba lies at our door; it is really in the sea of the United States instead of the Gull of Mexico, In every respect it was of vast tmportance to the United States, owing to its geographicab position. It was the dividing point between the Old and the New World, and the distinguished Castelar, the Minister for Foreign Affairs, said it was the frst otipae of Spain to preserve Cuba. Spain has kept us in trouble for seventy cars or more. He wanted war with no nation; ut if it had not been for our forbearance we would have been involved in hostilities with Spain long ago. There was not much known of Cuba from Spanish sources. Through the French we learn there are 1,600,000 to 1,700,000 inhabitants in Cuna, 600,000 er 700,000 being slaves, with continued importions from Africa, and 200,000 spoke the African diaiect. All the civilized nations of the earth discountenanced slavery, with the exception of Spain. In Cuba SLAVERY 13 A QUADRUPLE CRIME, There are three or four series of cruel masters. ‘The government of Spain is most despotic, It learns nothing, and forgets nothing. The tyranny of Spain is now as it was 300 years ago. African slaves in Cuba are treated more cruelly than any thatever walked the earth. it was asked some time ago what the Crédit Mobilier was, and the re- sponse came, “Somet! that bursts and throws everybody in the air.” (Laughter.) So with bei- ligerent Bg People are asking what the term e means, answer is plain; it means naan more than that when a man who is fighting for hia liberty § shall be wounded or taken prisoner he shall be respected as @ soldier and not be hanged like a pirate or a oe, Tnat man who denies these rights is not fit to bear the human form. When will men at the State Department and at the White House and the men at the Capito! ey, end are ready to accord belligerent rights? They will say itas soon as you require It; a8 soon as youdemand these men strug- gllng for liberty shall be treated like Christians and not be shot like pirates er dogs, they will say it. You may not be rich, butit is the cause that will triumph. It was A QUESTION OF TRUTH AND JUSTICE. He knew our sympathy was with the Republic of Spain, and we were delighted to do anytning in our power to presper it. Me, in the House of Repre- sentatives, during the late session, introduced a resolution which was unanimously passed, tender- ing the congratulations of the people of the United States on account of the success of establishing republican liberty in Spain; and we could say to Spain, Go your own way; but if you keep slavery in Cuba you never can preserve re- publicanism in Spain. It is because we have no such despotism that we maintain republican gov- ernment here. The whole terest of our country is in the annihilation of slavery in Cuba. We have a right to demand it; whatever you wish and com- mand will be done. You must sustain those who are fighting for their liberty. Ifthe eolored peopie Say to the country, ot to the government—for THE GOVERNMENT IS HARD OF HEARING, and does not like to hear what it does not want to hear—that six or seven hundred thousand men are fighting for their liberty, and that they should be treated like men if taken in battle or otherwise captured, there is no human being who walks the earth who can deny the justice o1 your prayer; it 1s the law of the world. In conclusion, General Banks declared he was not the enemy of Spain, but he wanred her to be just, in order that she might have greater power and presperity; and he urged the colored men to persevere in the good work here commenced, say- ing they would make their race the corner stone of Hie Hon. J. H. Rainey, of South Carolina, ex-Gov- ernor Pinchback and others made speeches, when the resolutions were adopted. A LOUISVILLE BANK ROBBED, LoOvmsvi.ig, Ky., March 10, 1873 This morning the clerks of the Falls City Tobacco Bank, corner of Seventh and Maine streets, found it impossible to unlock the safe. Supposing the lock was out of order, a man was sent for to open it. The doors were forced about four o'clock this afterncon, when it was discovered that burglars nad entered the vault from a room on the second story by cntting a hole in the floor and passing through the arch over the vault, cut- ting away the inch chilled iron castings and then with drilis and powder bursting open the door of the safe. The sate was the cashier's, and had only‘special deposits and collaterals init. The celiaterals and deposits mainly consisted of local bonds which were left behind, but the following Special deposits are missing :—One bag containing $2,000 In gold; ten ten-forty government bonds of 1,000 each ; two five-twenty government bonds of 500 each. The teller’s safe, which was beside the cashier’s and which contained the bank's 1unds, was undisturbed. The bank loses nothing. It is supposed the bur- giars accomplished their work yesterday and last night, as the room over the vault, occupied for several years as an office by the Mutual Benefit Life Insurance Company, of Newark, N. J., was dis- turbed, the matting having been lifted and a hole cut through the floor. After accom. plishing their work the burglars re- Placed the planks and mattiny A full set of bores ra’ tools were leit by the daring operators, including iron amd copper sledge hammers, drills, fuse, &c. It is impessible yet to ascertain how mach is iost by the burglary; butit is not betieved to be much mere than the above-mentioned bonds and geld. Noclue has been discovered to the per- petrators of the robbery. A thousand dollars re- ward has been offered for their capture, and infor- mation of the affair has been telegraphed to the priacipal cities reached trom here by rail. THE TIVOLI RAILBOAD COLLISION. Trvout, March 10, 1873, The inquest upon the pody of Henry Major, who Was Killed in the collisiom on the Hudson River Railroad at this place on Tuesday last, was com- menced here to-day, before Coroner Wilson Hicks, of Poughkeepsie. Quite a large number of railroad men were present and much interest was mani- fested. It will be remembered that the collision ‘was caused by the paretne or fast train (No. 72) down, running into the New York Express or (No. 2) up. The affair occarred about noon oi the da‘ mentioned. Several witmesses were examined, but the testimony was not concluded when the jary adjourned until to-morrow. DEMOCRATIO-LIBERAL GAINS IN THE EM- PIRE STATE, ALBANY, N. Y., Mareh 10, 1873, Atable will be published to-morrow, showing that of thirty-seven counties holding town meet- ings the democrats and liberals have carried twenty, inst five last year, making a net gain on their side of eighty-three towns, it — Provipencs. R. I., March 10, 1873, cloths market is quiet @ad orice sre The t uavuanged. MARCH IU, 1873—TRIPLE SHEET. CRIME IN MASK. : The Boldest Outrage in the Police Annals. A\ Family Overpowered by Robbers. ARMED RUFFIANISM VICTORIOUS. A Terrible Midnight Adventure. A Gentleman and His Wife Held in Their Beds, Their House Ransacked and Death Threatened. THE LADY WOUNDED. “Do You Feel This Knife ?”---An Offer to Pay by Check Ignored---What Have the Police to Say? Three midnight marauders succeeded, on Wednes- day night of last week, in accomplishing one of the most daring acts of crime ever perpetrated in this city, and in so masterly a manner as to ut- terly baie the police in all efforts thus far made for their arrest, Mr. James Gardiner ia a retired gentleman, living at 224 West Filtieth street, between Broadway and Fighth avenue, His {family consists of himself, his wife, a daughter about nine years of age, and a maiden of about seventeen years of age, who 1s employed in his family. In ad- dition to these Rev, Mr. Daniels and wife have tor some weeks past been staying with Mr. Gardi- her's family. On last Wednesday evening Mr. Daniels and wife went to Brooklyn and remained over night with some iriends, and the Gardiner family were consequently sole occupants of their own residence, The house is a threo story high stoop edifice, with basement. The two front windows of the first or parlor floor were furnished with small iron-railed balconies, and the family, with the exception of the maid servant, slept on the second floor, Mr. and Mrs, Gardiner occupying the rear bed- room, a luxuriously furnished alcove apart- ment, the door of which opens directly at the head of the stairs, The servant, whose position in the famuy is by no means menial, slept on the third floor. The family retired to rest as usual on Wednesday night, the little daughter sleeping in @ rear room adjoining that occupied by her parents, A SHARP, CRACKING NOISE, "as of the striking of a match, awoke Mr. Gardiner suddenly during the night, and on looking toward the mantelpiece about six or eight feet from the bed he saw the indistinct outlines of three men in relief against the white papered walls, He ob- served also that one of them had a small lantern with a “bulls’eye” light in it. He shouted instantly at them, and as instantly two of the men sprung on to the bed, one of them grasping Mr. and the other Mrs. Gardiner. Of course both of them struggled violently, but Mrs. Gardiner was comparatively soon overpowered: and could do nothing but talk to her assailant; but Mr. Gardiner continued to struggle and shouted vociferously for “Help! thieves! murder! police !’” and all the other alarming ejaculations known to civilized and distressed humanity. Over and over again the ruMans tried to stife his creas by stuffing bedclothes into his mouth, by muzzling him with their hands and by appeals to Mrs. Gar- diner to use her influence to make him cease shout- ing. It was of no avail, however. The man who had seized Mrs. Gardiner was upon her and held her down firmly and enforced physical tranquillity by displaying a knife. THE OTHER MISCREANT had bis knee on Mr. Gardiner’s breast, his left hand on his throat, and menaced him bloodily with a knife also, the weapon somewhat resembiing a sailor’s sheath knife, While all this was going on the man with the lantern was busy ransacking a handsome toilet bur eau which stood at the foot of the bed; but, not finding as rich booty as was expected, he demanded to know where the money and valuables were secreted. Mr. Gardiner continued to struggle and to cry strenu- ously for help; and Mrs. Gardiner, who is evidently a Indy of very kindly Christian character, was re- monstrating with her brutal captor. The little daughter, hearing the cries of her father, left her bed in the darkness, and making her way to her reed room, cried piteously and implored the lackguards not to KILL HER PAPA AND MAMMA, The maid servant, Lizzie, also came down stairs, passed through the front room and by a communi- cating door inte her mistress’ bedroom, believing that Mr, Gardiner had been seized with some sud- den and agonizing illness, She was in her night- dress, and as she entered the apartment she saw the man with the dark lantern busy at the bureau drawers and the other two upon the bed, strugglin with her master and mistress, She is young an very modest and timid, and seeing the fearful condition of affairs looked on it but a few moments and then turned and in terror went back to her own dormitory. Nothing, it seemed, couid quell Mr. Gardiner’s cries, for ne seemed to be in a man- her crazed by the sudden and awful realization of so fearfula menace from the depth of a tranquil slumber, and the thieves threatened over and over again to use their knives. Mrs, Gardiner’s assail- ant actually placed THE COLD BLADE of bis Weapon against her tiiroat and asked, “Do you feel that?’ In response to their inquiries Mra. Gardiner told them where to find the money and valuables in the room, and several times as the man with the lantern moved about the room she obtained indistinct glances of the profiles of the two men on the bed. Mr. Gardiner tn his struggles, which, as well as his cries, were not jor an instant relaxcd, several times ‘ot hvid of his assailant’s knife, and Mrs. Gardiner ad &@ Small piece of flesh chipped from her ear and received a slight cut on her right hand. These wounds, however, she says, were accidental on the or of the rufan, and in er efforts to reicase herse! ter still centinued to ery anc ad about the bed, the man who had throttled Mrs. Gardiner kindly lifted THE TERRIFIED DARLING into the bed with one hand, aud the little one cow. eringly crept down between her imperilled and powerless father and mother, Mrs. Gardiner’s aa- sailant she believes to have been a German from the accent with which he spoke English, and she farther expresses the belier that he must ‘have been a father from the kind and parentai way in which he lifted and tried to caim the fears of the fright- ened child. When the thieves had obtained all the avall- able booty i # rapidly left the apartment, their departure being, no doubt, acceletated by Mr. Gardiner’s cries for assistance, and they ran down stairs and left the house the front door. As soon as he was rejeased bed, ran to front room and opened a window and aloud, and repeatedly, for assistance, no policeman was about. Finding no response eturned to the bedroom and passed down stairs in his night clothes, and by this time the thieves, who xperienced some difMiculty in opening the door by reason of a peculiarity about it, had gained egress, ang when he reached the side- walk were about a bundred feet distant, going easterly toward Broadway. Mr. Gardiner went BN DISHABILLE AND BAREFOOTED to the corner of Eighth avemue and called for the police, but shortly returned to the house and no- ticed that the thieves turned up Broadway toward the Park. Mr. Gardiner then put on his pants, shoes and coat and went down Eighth avenue to Forty-eighth street, where he met a policeman, who came to his house, while Mr. Gardiner went on to the Twenty-seventh precinct police station to make complaint, An old-fashioned alarm clock stood at the head of the stairs, near Mr. Gardi- ner’s bedroom door, and in harmony with the idea of its owner rolled out a “deep alarm’ while the thieves were in the room, and just about the time they left it struck the hour of two o'clock Thurs- aay morning. t ir. Gardiner is convinced that the rebbers mus have known something of the imterior arrange- ment of the house in order to find his apartment so readily. It has also been his custom to keep the ight in the passage on the second floor burn- all _ As the robbers entered the house they lit the gas in the lower vestibule, yy way Of making the line of retreat eas: ascended the stairs shrewdly ex- tinguished the light on the second floor, so a8 to exolude oll ibs tre bedroom gad thus pre- Mr. Gardiner jumped from the the vent the ibility fhe Possibiilty of their beng recognized ana identi Tn the morning, upon taking off tn r Mra. Gardiner discovered a piece of gin about @ foot square, which had been used as a mask to conceal the features of one of the robbers, she afterward remembered that she had indistinctly seen this on the face of the man who was atrug- gling in the bed with her husband, but did not at the time know vehat it was. MR. GARDINER'S STATRMRYT, My wife and mygelf were born Wing {ti thé rear room, the ma 'g Yearoben Of the house on tie second floor upstairg, Sind were both asleep. 1 was awakened by something like the noise of wriking @ match, and looked up. I then saw what looked like the glimmer of a match in the dark- ness, and then I saw @ human form holding what appeared to me a dark lantern, and what after- wards proved to be such. The very first thing 1. did was to shout as loud as I could, ‘Murder! thieves!” but I had no sooner done so than I heard the noise of more than one man coming forward towards the bed, How many there were I could not see atthe time. One of them, standing at the foot of the bed, said, in alow tone of voc: hut up.’ This only made me shout the londer, and I continued to do 80, and in doing 80 it woke up my wife, She then vegan “o scream, and atthe same time—almost quicker than it takes to tell it—two men jumped from the foot ofthe bed upon us and held us down. Tho one who was upon me—he was a ‘very heavy: man and suffocated me by his weight—said, again, “Stop that row; we came for your money and not your lives.” But as I continued to st le and shout he pulled a clasp knife that lookea like a sailor's knife from his pocket, and threatened me with it by brandishing it above my head, At the same time, to stop me crying out, he pressed his hand upon my mouth, an: STUFFED SOME OF THE BEDCLOTHRS into my mouth, while with the other hand he took hold of me by the throat. I heard the man who was upon me tell me two or three times to stop orying, but I could not do it, I was crazed with excitement, and, as well as I can describe my feel- ings, it was that I should make as much noise as sible. I think it was a good thing I did. If had been more quiet they would have gone through the entire house, and would have laid hands upon everything. While the man was upon me every now and then the two men on the bed would speak to the third man (for by this time it was easy to see that there were three of them) and instruct him what to do. He was looking about the room, with the dark lantern in his hand, and ransacking everything. He first went to the bureau and searched all the drawers quite slowly and deliberately. He then looked about the room, went over to @ small desk near the window, and, forcing it open, took from it some money. He then returned to the bureau drawers and began again to ransack them. At this moment it was that the girl, attracted by the cries and thinking evidently that somebody was sick or that seme sud lamity had happened to one of us, came dowh stairs, and, coming through the iront room from the hall, walked through the door connecting the iront and back rooms. There she SAW DISTINCTLY THE FACE OF THE MAN who was at the bureau, and she says she can recog- nize him at any lime she ever sees him. In fact she says she has seen his face betore some- where, but does not know where. When she saw this man and the shadows of the two others upon the bed she naturally grew irightened, and retreated by the same door she had come in and returned up stairs. The men had evidently seen her. All this time I was still shouting and struggling with all my force. Two or three times I caught hold of the knife in the hanas of the man upon me, but he each time wrenched it out of my grasp, and threat- ened me with it. I don’t know how it was the man did not carry out his threat, for I was too excited to a) hallooing even if I had understood what he meant. It is only since that [ have realized what he did say to me. Just as the girl disappeared the clock in the hall close by our room door struck two, The clock is an old-fashioned one, and gives a curious rattle before it strikes. This notse, added to the appear- ance of the girl, scared them, no doubt, for both the men on the bed and the one on the floor started off together and made for the stairs. 1 rushed to the window, and, throwing it open, SHOUTED WITH ALL MY FORCE. Recele in three houses on Fifty-first street say they eard me; others in a house at the end of the block on the cerner of Broadway, and others in the counting room of the Eignth avenue car depot, say they heard the shouting distinctly. Yet no police- man appears to have heard it. When | had shouted for an instant or two I rushed down stairs. It appears the men must have found some difficulty getting the outside front door nm there 1s @ knack in opening it), because y had only pd pulled it back and got out on the stoop when got to the bottom of the stairs, I followed them out without anything on me but my nightsnirt into the street and some houses down. In fact I was only about four doors behind them, shoutin; all the time. They ran towards Broadway, an very fast. I soon saw that this was useless; re- turned to the house and put on a pair of pants and stockings and went round to the station house in Forty-seventh street. I did not meet a policeman till got to the corner of Forty-eighth street and Eighth avenue, and he had heard nothing of the eccurrence whatever. 1 went to the station house and made my compiaint, and they came round to the house shortly afterwards, Iu answer to a question as to HOW THE MEN GOT INTO THE HOUSE ? Mr. Gardiner said:—They came up the front stoop and got over onto the balcony, upon which fronted the parlor windows, (This balcony has since been taken away.’ They then with a knife or something of the kind pried open the latch which fastens the window sash down. Opening the win- dow they found an inside blind with smalt slats; these blinds were kept closed by a bar of wood, which fitted into iron braces. They witha very sharp knife cut away two of the slats exactly facing the bar, which of course they very easily shoved up out ‘of its place, All this work was done upon the outside balcony and in full view-of the street. They then stepped into the parlor, rummaged around that, and finding nothing which particularly took their fancy went into the hall, lignted the hall gas and walked, I suppose, leisurely up stairs to our room, which we never lock. The remainder you know about. Mr. Gardiner then went on to say that he did not know why the report had not sooner come to the ears of the public. Captain Killalea and his peicenies knew all about the affair, and it struck im as strange that it was not paid turther atten- tion to; that he went down himself yesterday (Monday) to Police _ Headquarters " ostensi- bly to see the Rogues’ Gallery, and when asked why he wanted to see it told the story of the robbery. Mr. Gardiner denied emphatically that when the thieves escaped from the house that any policeman ram alter them. He alone pursued the men, and there was as far as he could see no policeman within three blocks of the house, though he had shouted loud enough to be heard by other people that distance. HE WAS MUCH SURPRISED atthe time that Captain Killalea did not report the case, so as to give it some eines A His ex- cnse or reason was that he wanted to keep it quiet for the time being. Mr. Gardiner added that he would swear neither of the persons arrested by Captain Killalea was any one of those who com- mitted the robbery. He knew enough of their general appearance to know the difference be- tween the inen arrested and those who committed the deed. He was quite positive about this. Mr. Gardiner took the reporter into the front room up stairs, where he showed him a bureau, on which was laid the night of the robbery a consid- erable quantity of jewelry, which the robbers did not see, though they had been in the room. In this apartment also was found a bundle of articles, composed of a muff, a skirt and a tidy, all wrapped up closely and tightly, and smouldering away. This accounts to some extent forthe story that the robbers had attempted to fire the house, while it remains a fact that they must have set fire to these articles. Mr. Gardiner aiso said that the usual watch dog which he keeps on the premises was away that night, as also a gentleman who lives in the house. It is supposed THE ROBBERS STUDIED THE MOVEMENTS of the inmates of the house, as it singularly hap- pened that the event took place on the very nigut when it Was more than usually detenceless. THR GIRL’S STORY. Lizzie, the young girl who played so prominent a Part in’ the ‘affair, says that when she came down stairs and saw the men in the room her first move- ment was one of iright. She, however, distinctly recognized the man who was standing by the bure: and could identify him if she ever saw him aga! Lizzie is very positive that none of the men arrested by oe jain Killaiea were identified with the robbery. She described the one who stood by the bureau as having a light green slouch hat on and asnuff-colored suit. He was about five feet six inches in height, and she saw his countenance not only by the reflection of the light im the hall, Jo ty hat ef the lantern whieh he carried in 23 and. WHAT CAPTAIN RILLALEA SAYS, Captain Killalea told a HeKxaLp reporter last night that he made a mention of the robbery in the returns he sent to Police Headquarters on ‘Thursday morning. He simply mentioned it as an ordinary robbery. He mentioned nothing about the masks used, as he did not understand Mr. Gardiner te have said that any masks were used by the robbers. Captain Killalea says that a policeman stood on the corner ef Fighth avenue and Fiftieth street when the men came out of the house, and that this policeman rau after them down Futicth street and up Broad- way, and that be there lost sight of them. (This statement 1s positively denied by Mr. Gardl- her himself.) The Captain says he himself was in the house at three o'clock in the morning, about one hour after the robbers had left. Tke inmates were very much irightened, and they had been to the station house since to identify the four men arrested by him, who were ail men known as “general” thieves, They failed to identify any one of them and he was obliged to let them go. The Captain adds that he is posi+ tive that that at least one of the men arrested by him by concerned in the robbery, and attributes the want of identification to the fact that the per- sons robbed and assaulted, as he says, were at no time able to distinctly see the countenances of those who were in the house. Captain Killalea thinks the house was very insufficientiy guarded against @ robbery sach as Was perpetrated. THE PLUNDER, According to the statement of the inmates of the fonhen following was the plunder stolen by the r 8 i—— Two gold watches, one a very valuable time- keeper, valued at $250; a pearl ring from a of Mra Gardiner, a six-shooter revolver from the urawer, three gold crosses, $150 in money and ¢ OTA MUROT articles. altogether valued at $400, 7 |THE WAR ENDED. The Modocs Surrender as Prisoners of War. —_——— kT ee Peacemaker Meacham’s Despatch : to Secretary Delano. “We Believe Now that Peace Will Be Permanent.” Wasutnoron, March 10, 1873. The Secretary ofthe Inverior to-day received @ telegram from A. B. Meacham, Preaidens of the Board of Peace Commissioners, tn which, under date of March 8, he reports that the Modoca have surrendered to General Canby as prisoners of war, to be fed, clothed, protected and removed to a dia- tant country. They had named Monday to moet the army wagons near the lava beds. Mr. Meacham adds :— “We believe now that peace will be permanent.” Secretary Delano states that the department witt take steps, as soon as possible, to procure for these Modocs an acceptable and suitable reservation, WEATHER REPORT. War DerarrmMent, OFFICE OF THR CHIRP SIONAL OFFICER, Wasninaton, March 11—1 A, M. Probabilittes, Por Tuesday along the entire Atlantic coast south and east winds, falling barometer and cloudy weather, with light rain in the Miadle an@ South Atlantic States; for the Guif States rising barometer, westerly winds and generally clear weather; for the Lower Lakes southerly winds, veering to westerly, with cloudy weather; for the Upper Lakes northwest winds, lower temperature, partly cloudy and clear weather. A local storm will prevail on Tuesday morning, specially in the Ohio Valiey and West Virginia. Tho Weather in This City Yesterday. The following record will show the changes is the temperature for the past twenty-four hours ip comparison with the corresponding day of last ear, as indicated by the thermometer at Hudnut’s harmacy, HERALD Building :— 1872, 1873. 1872. 1873. 32 828 43 33° «29: «6 P.M. 30 35 29 9 PM. 35 12 M... - 32 3 2PM. 3 Average temperature yesterday. . 3a Average temperature for corresponding da! last year... oo MANITOBA, Monopolists Seeking to Evade the Usuat Taxation and Exciting the People—The Troops in Possession of the Legisiative Halls. Toronto, Ont., March 10, 1873. Aspecial despatch trom Fort Garry, Manitoba, to the Glove says :— Immense excitement prevails in Winnepeg, owing to the fact that it was sought to pass a bill throug: the Legislature which would have let the Hudsom Bay Company and other landed proprietors off with the payment of a third of the usual tax. Am indignation meeting was held and a committee ap- pointed to Payee at the bar of the House, whither they were followed by 400 people. The bill was ultimately thrown out on a techni- eality. On account of the rulings of the Speaker he was decoyed from his house at midnight and ad- ministered a coat of tar. The government has of- fered $1,000 reward for the conviction of the perpe- trators. Fearing further breaches of the peace a military guard has been placed over the Parliament House. MAILS FOR EUROPE. elite incce The steamship Minnesota will leave this port on Wednesday for Queenstown and Liverpool. The mails for Europe will close at the Post OMice at twelve o’clock M. Tur New York Heratp—Edition for Europe— ‘will be ready at nine o'clock in the morning. Single copies, in wrappers for mailing, six eents, f lightning all noxious insects. A great saving is ted by purchasing the larger flasks. A.—For a Superb Dress or Business Hat go direct to the manufi ES) HEID, 113. Nassau street. A.—Herring’s Patent ‘CHAMPION SAFES, 251 and 252 Broadway, corner ot Murray street, A.—Herald Branch Office, Brooklyn, corner of Fulton aveaue and Boerumstrest. Open trom 4 A. M. to9 P.M: On Sunday fromsto 9 P. M. A.—A.—Knox, the National Hatter. KNOX originates the fashions and has customers from rts of the country. His Spring style of gentlemen's just introduced, is in active demand. Make your r the Fifth Avenue ATS, urchases at 212 Broad A—Spring Styles of Gents’ Hats now ready. DOUGAN, manufacturer, 102 Nassau street, cor- ner of Ann. A Warwick or Elmwood Collar will fit better and wear longer than any other, Try them. A.—Watts’ Nervous Antidote Cured Me of severe Riematiam and Neuralgia. Tehink it a wonders tulremedy. JOUN P. SIMONDS, 57 Maiden lane. Batchelor’s Hair Dye—The Best In the world. The emly true and perfect dye. Ail dragyiste sell ite Cancer!=—External Cancer, Cancer, eancers permanently, cured. No charge until a cure. p Address, by lette: |. By LKB, 53 Kast effected. Thirtieth street. Coughs.—A Medicin: Preparation in the form of a lozenge is the most conwenient. BROWNS. BRON AL TROCHES aliay irritation which induces coughing, giving relief in Bronchitis, Hoarseness, Luttue enza, Cousumptive and Asthmatic Complaints. “Gold Pen: FOLEY’S CELEBRATED GOLD PENS, the finest and best. No.2 Astor House, opposite Herald office. Sold by all the principal stationérs and jewellers. Henry Capt, of Geneva, Now Has a beautiful assortment of WATCHES and TRAVELLING CLOCKS, of bis own make, at 23 Union square. Liquid Cocoa, for Bake: toners’ use, superior qty. for sal Manutactory of WALLACE & ©O,, 2 and Confee- atthe Chocaiate Cortlandt #t,.N. ¥. Royal Havana Lottery.—Prizes Cashed. Circulars sent. J. B. MARTINEZ & CO.,, 10 Wall street, Powt office box 4,935, —New Scheme Kea, intormation tae- ist bills, ec. deo. Yorm and Hoarseness. Sold box. H, H. 330W, Sole VRE JERMAN! SPANISH! LATIN! AND F LIAN LANGUAGES WITHOUT A MASTER. Each in one volume. Price Forty Cents each. PNCH Without a Master. In Six Easy Lessons. GERMAN Without a Master. In Six Easy Lesso SPANISH Without a Master. In Fou TEALIAN Without a Master, In Five Easy Lesson LATIN ar a ag ao ie tame . i the above five uages can leariea' by any one- without w teacher. The five Soaks iso bound in one large volumne, in cloth, Price, Two PORTANT? MYSTERIES OF LOVE, COURTSHIP AND oe pret ora bie ame Faogenl & tions, with advice and hints in choosing a Wite: "By Michael Ryan, member of the Royal College of Physicians, London. Price 30 cents, NR Above, Hooks are for sale by all Booksellers. or wilh bese aid, on receipt of price ‘8 sent DOSE Paley Op TD. PERBRAON & BROTHERS 806 Chestnut street, Philadelphia, Pa. Pee men copies of the MANUFACTURER AND BUILDER will for a short period be furnished on aypli- gation, gratis, Address the Publishers, box 4379 New York Post ome [S8URANcE TIMES. Just PUBLISHED. Containing & full revelation of the fabrication of the last Annual Statement of the MUTUAL LIFE INSURANCE COMPANY, articulars af tha Gaeta cant Berapey aw te wae a Baitor of The Insurance Tunes. BE S should read this startling and im portal Bomber, Price 2 cont per copy. Office 137 Broadway, New Yor eee