The New York Herald Newspaper, May 30, 1873, Page 5

THE COURTS. —__-——_. THE WINSTON-ENGLISH LIBEL SUIT. A Review of the Case by the Court--- * The Bail Reduced and Mr. English at Large, GEORGE FRANCIS TRAIN The New De Lunatico Inquirendo—A Sheriff's Jury Sit Upon the Pagan Dictator and Bring Him Out Sane—He Will Be Driven Out of the Tombs To-Day Nolens Volens. BUSINESS IN THE OTHER COURTS. Summaries—An Alleged Infringement of a Patent—The Six Million Suit Against Tweed, Ingersoll & Co.—The Liabilities of Ex- — press Companies—Trials and Sentences in the General Sessions. Anna Higgins was charged yesterday before Commis - sioner Shields with having committed perjury in swear- ing that she was the widow of @ soldier drawing a pen- sion trom the United States, Iti alleged that she is a married woman, The Commissioner held her in $1,000 bail for examination. In the United States Circuit Court yesterday, before Judge Benedict, George Parsons, who had been indicted for shipping fireworks and branding them as ‘fancy goods,” withdrew his plea of not guilty and pleaded guilty. His counsel read affidavits to show that Mr, Parsons was ignorant of the law, and that since the law baa been called to his attention he had marked all ship- ments of fireworks in accordance with the legal re- quirements. The Judge imposed a fine of $100 and this ended the matter. In the United States Circuit Court yesterday the trial of John 8. Kirwan, charged with abstracting a money letter from the Post Office, was resumed before Judge Benedict. The evidence was entirely of a circumstantial character. The Jury convicted the defendant, and unan- ‘nously recommended him to mercy. The criminal business of the United States Circuit Court @ill be resumed to-day (‘Decoration Day”) before Judge Benedict, at the new court room, 27 Chambers street, A motion will be argued in the case of George 8. Dunning, ‘or whom ex-Mayor Hall appears as counsel. In fixing the time for the argument, the ex-Mayor remarked that # would be just as appropriate to “orate” as to “dec- orate.” A motion was made yesterday before Judge Davis in the Court of Oyer and Terminer to postpone the trial of William M. Tweed until next October on the ground of the illness of the senior counsel, and that the trial could Rot be safely proceeded witb in his absence. It was claimed, in opposition, that the trial had already been foo long delayed. It was finally arranged to defer the motion till next Monday, when medical testimony could ‘De adduced as to the condition of the counsel. In the suit against James H. Ingersoll, brought by the people, a motion was made yesterday in Bupreme Court, Chambers, before Judge Fancher, to set aside the judgment roll and judgment. It was claimed that as the case is to be argued next week in the Court of Appeals, the proper place to interpose the present objec- Yous was in the Iatter. After quite an extended argu- ment the motion was denied. In the suit brought by Mr. Winston, of the Mutual Life Insurance Company. against Mr. English, publisher of the Insurance Times, tor $100,000 damages, for an alleged libel, n which the bail of the latter was fixed at $20,000, and in default of which he has since the 23d of last Janu- ary, been confined in Ludlow Street Jail, Judge Curtis of the Superior Court, yesterday reduced the bail to $2,000. The reduction secured to Mr. English his coveted freedom. There is a prospect of the city criminal authorities get- Ung rid of their huge elephant,George Francis Train, The Bheriff’s Jury directed by Judge Supreme Court, to investigate the qnestion of bis sanity, met yesterday and brought the case to a speedy close. Neither the District Attorney nor any of his representa tives honored the occasion with their presence, so the ease was all one sided and cicar sailing. Several physi- tians testified to the present sanity of Train, and the jury rendered a verdict to this effect. He was remanded to the Tombs to await his final discharge by Judge Fancher this morning. All the State civil Courts except Supreme Court, Cham ders and Supreme Court,Special Term,took cognizance of ithe fact of Decoration Day being a legal holiday and ad- ournea over till to-morrow. THE WINSTON-ENGLISH LIBEL svIf. Reduction of the Bail of Mr. English— The Equities of Bail as Defined by Judge Curtis, of the Superior Court. All the facts connected with the suit brought by frederick 8. Winston, President of the Mutual Life {surance Company, against Stephen English, publisher ef the Insurance Times, have been pubiished in the Herat, ¥t will be remembered that directly succeeding the pro- ecedings for $100,000 damageson the ground of alleged fidellous publications in the Insurance Times, Mr. English was arrested, and, in default of $20,000 b lodged ip Ludlow Street Jail. A motion was made yesterday before Judge Curtis, of the Buperior Court, for a reduction of the pail. It ‘was urged on behalf of Mr. English that since the 23d ‘of last January he had been in close confinement; that be has suffered and is suffering great pecuniary loss and mental and physical hardship through his imprisonment; that his health has been greatly impaired in cense- quence ; that his standing and business have been great): Affected by it; that if kept much longer in prison his Dusiness will be ruined, and, finally, that he is unable to bail required. it was also shown that he is in another suit brought by George ¥. Hope in the Supreme Court. It was asked that the bail 2,000. In opposition to the motion it was simply urged that they did hot wish fo yer ously oppore the reduction, and that all that wi ‘was to secure his attencance im Court for trial, DECISION OF JUDGE CURTIS. In deciding the motion Sa Curtis said that the law ip requiring bail seeks only to have security that the de- fendant’s person will be within the jurisdiction of the Court to be amenable to its final judgment. There is no element of punishment in its requisition. There is noth- in the papers showing that tne detendant will prob- ably seek to escape beyond the jurisdiction of the Court. On the contrary, it appears that he voluntarily came within its jurisdiction and submitted arrest. Yhe plaintif’s counsel in the argument stated that they did not desire considered y as strenuously opposing the defefdant’s applica- for a reduction of the amount of bail. The defend- ant’s counsel asked to ‘any degree upon the merits of the controversy, 1 think Shere should bean order reducing the amount of bail to On ine rendition of the above decision Mr. English promptly procured the required bail and was at once ele: ffom jail. GEORGE FRANCIS TRAIN. Whe Investigation <. to His Sanity Be- fore a Sherif’s Jury—Failure of the District Attorney to Pat In an Appear- ancemA One-Sided Affair and Smooth Sailing=Train Declared Sane and He Is To Be Discharged This Morning from Prison, ‘The Train tempest in a teapot has come toa close, for qhich, doubtless, the public generally, and certainly the law reporters particularly, devoutly thankful. The great “Pagan Dictator” has been declared sane by a Sheriff's jury, and there isevery pleasing prospect now of the city criminal authorities finally getting rid of the monster elephant that so long has been such a source of discomforting annoyance. Knowing that a Sheriff's jury, pursuant to the recent order of Judge Fancher of the Supreme Court, would at four P. M. yesterday enter upon an investigation to his sanity, there was assembled at this hour a larg Srowd in the room of the Court of Oyer and Terminer, ‘where the investigation was to be had. As atthe recent “Train matinees,” there were numerous ladies iv attend- ance. George was promptly on hand as usual, his face ener the simiien and the” Deawutul fowers deco- € lapel of his coat diffusing a grateful fragrance fall about him. ig counsel, Mr. W ann, F. Howe, seemed Personation of cool comfort in his jight new suit, and ed & marked contrasting picture to his dark-dréssed jate, Mr. Clark Bell. Mr. Joel A. Stevens, Under ff, presi id ordered the panelling of @ jury. ew quickly done. Have you any objections to the jury!” asked Mr. ‘one whate answered Mr. Howe. “We are will j A thi jury tobe any tweive sane men, which we Mr. ver fed attention to the fact that District pad gd oF fo o1 a rl him, one PF at 4 added that } 4 Ve iUYestigation lad net anly been / | ade 55,00 rompuy SDewered: ‘ur. Stephens. jury of Mer tae nace under which were convened, ai awe + upon the gravity of the committed to, them, le was no intent mn to interpose for Mr. Train it} it that upon who x hostile to Mr. , being called as a witness, and daring Mr, Train to be insane, the J) jut them off from prccocsias any further and gave peremptory order to send Mr. Train to the State Lunatic Asylum. He in that Mr. Train was as sane as apy one in and thaf in room; that he was not a moral cows! in late A he esired to be Eeoaer on the merits oe outTrained Train in his moods of most felicitous utter: Next followed the testimony. This was even briefer than the opening. Dr. Morse testified that he nad known My. Train tor the past fitteen years; he had been en- rt in the Prison Civil Service’ in England, and wi one time Governor of P) in. land and Ireland; he had had @ great deal to do with criminal lunatics; he had seen Mr. Train in the Tombs seven or eight times, and made & most searching investigat as to the condition of hia mind: he pronounced him perfectly sane. Dr. Edward 7. Girson testified that he had known Mr. Train tor nearly two years; he had had extended expe: and also pronounced Mr. Train ence with lunatics, per Jectly sane. Dr Edward Pi d Penguet testified that he had been a rae. Using physician in this city for the past fiiteen years; he had made diseases of the brain a special waar; be saw Mr. Train three times and talked with him with a view to ascertain his mental condition; he likewise pro- nounced him perfectly sane. Mr. Howe said they might call an unending number of Witnesses who would corroborate the testinony that had been given, but he did not shipk it necessary to cumulate the evidence on this le read the affidavit of Dr. Nealis, Ehysgan of the City Frison, and that of Warden Johnston, wronouncing Mr. ne safe to be at jane, hese davite having 8a attention to the fact ve en Ding, anes the portion. to Judg ing the ave! concluding witness, Mr, le then cai sane. Mr. Stephens said that as the District Attorney was absent he would not charge the jury, but simply content himself with reading Judge Fancher's order. st the close he told bait] retire. ‘The jury retired as directed, butin less than five min- utes Were back again. “Haye you agreed on a verdict?” asked the Clerk as soon as they had taken their seats. “We find sane on the 24th of “We have,” answered the foreman, rising. G e Francis Train sane now and and safe to be at large,” Train showed hitnself pleased with the result, and so did his counsel, and so did everybody reek for it was clearly evident that they were all friends of Mr, ‘Train, He was warmly congratulated on all sides, and 28 (ne ihe ladies they were clearly beside themselves with jon. But one more act in the farce remains, and that is the formal discharge of Mr. Train this morning by Judge Fancher, pursuant to the above verdict. This will be concluded at the earliest moment possible, and the prob- ability is that the place that has known him so long will know him no more, and that there will be consequent re- Joicings among the prisoners at the Tombs. BUSINESS IN THE OTHER COURTS. REPL ART UNITED STATES CIRCUIT COURT. An Alleged Patent Infringement. Before Judge Blatchford. ‘The Massey Water Meter.Company recently applied for an injunction against Jose F. Navarro for an infringe- sment of a patent owned, asclaimed, by them, and com- mitted in the manufacture by Navarro of water meters under his contract with the city; also against Comp- troller Green to restrict him from paying Navarro for the ‘water meters furnished the city. After hearing the affidavits on both sides setting forth the peculiar machinery of the meters (one working by gravity and the other by some secret incans not dis- Closed), Judge Blatchford denied the motion for injunc- tion, and substantially held that the two processes were entirely different. There are over a hundred water- meter patents in existence, all of whose machinery was more or less described in the discussion, and the owners of which are likely to contest every case. COURT OF OVER AND TERMINER. Pleas of Guilty and Sentences, In,this Court Judge Davis yesterday sentenced to one year each in the Penitentiary, William Doran and Peter McGraw, they having pleaded guilty to an attempt at urglary, Ndwaya Williams pleaded guilty to an attempt at grand larceny, and was sentenced tor twu years and six months to State Prison. John Copway was acquitted on a charge of larceny. There being no other cases ready“the Court adjourned till next Monday. SUPREME COURT—TRIAL TERM—PART 2, When an Express Company is Not Liable. Before Judge Barrett. Mesera, Charles P. Liuntington & Co., of St. Louis, in 1966 sent $2,500 by Adams & Co.'s Express Company to Natchez, Miss. The money failing to reach its destina- tion, suit was brought in this city against Mr. Dinsmore, President of the company. ‘The case came on tor trial yesterday. It was shown that the money was safely car- ried te Cairo and there delivered over to the Southern Express Company. A motion was inade to dismiss the complaint on the grouna that the defendants, as specified in the receipt given to the plaintiffs, were not responsible beyond their route. The Judge granted the motion, thus dismissing the complaint. SUPREME COURT—CHAMBERS. The Six Million Suit Against Tweed, In- gersoll and Others, Before Judge Fancher. ‘The case of the People vs. Tweed, Ingersoll and others.— ‘The well known eix million suit came up again yesterday morning in this Court. It came up ona motion by the defendant, James H. Ingersoll, to vacate the judgment in his own favor, and set aside the judgment roll. It was argued by Mr. Ehbu Root and Mr. David Dudley Field for the defendant and Mr. Wheeler H. Peckham and Mr. Charles O'Conor for the plaintiffs, It seems that when the General Term in this department affirmed Judge Hardin's order sustaining Ingersoll’s demurrer, they ordered judg- ment for the defendant, with leave to the plaintiff to enter itif the de: jant did not. The plaintiffs did so und iminediately appealed trom the Judgement, which they entered to ‘ourt of Appeals. They also obtained an order setting the case down spectally tor argument in the Court of Appeals on the 2d of June. The defendant Ingersell, has noticed a motion in_ the Court of Appeals to dismiss the appeal on the ground that there can be no judgment in favor of Ingersoll until, the issue of fact ax to Tweed has been disposed of. This motion was on the same ground. Judge rancher declined to in- terfere until after the motion in the Court of Appeals was heard. He gave leave to renew the motion there, and directed the Clerk to certity his order on this motion to the Court of Appeals with the other papers in the case. Decisions. By Judge Faucher. Repper vs. Repper.—Report of referee confirmed, and judgment of divorce granted, Hogan vs. Hogan.—Report confirmed, and judgment ef separation granted, with alimony and costs as stated in decree. Cuminerford vs. Wildman et al—The inquest and judgment are to stand as security. ‘Rees vs. the New York Waterproof Paper Company.— Motion for judgment granted. Glowski ve. Benzizer & Bros.—Defendant’s motion fora reference denied with $10 corts to abide the event SUPERIOR COURT—SPECIAL TERM, Decisions. By Judge Curtis. Lockwood vs. Burke.—Order dismissing proceedings against Thomas Smith, Lediard vs. Lavin.—Motion granted, Benziger vs. !irsettach.—Motion to place cause on special calendar granted. Griggs vs. Muxlow et al.—Motion to amend summons and to discontinue as to Mrs. Muxlow, without costs, granted ; no cost of motion to either party. Linchorn vs. Mead.—The plaintiff may discontinue his suit on ‘of $12 costs to the deiendant. ‘me! Kein et al. vs. Tupper et al.—Plaintifis’ motion granted on filing security in $500, with sureties to be approved. Schroeder vs. Schroeder.—Motion to punisn for non- payment of alimony demed, without costs and without prejudice to renew. (See opinion.) By Judge Sedgwick. Stover vs. Porter.—Motion denied, Carnes vs Platt et al.—Order denying motion tor a new trial. COURT OF GENERAL SESSIONS. A Horse CasemAn Employe of the Bleecker Street Railroad Cha: a With Cruelty to @ Horse=Disagreement of the Jury. Before Judge Sutherland. ‘The only case tried in this Court yesterday was an in- dictment against Samuel T. Warner, a supermtendent of the drivers of the Bleecker street car line, who was charged with cruelly treating a horse. Mr. Henry Bergh, the President of the Society for the Prevention of Cruelty to Animals, testified that on the 18th of May, 1872, his attention wes called to a horse attached toa car of the Bleecker street Ine, in Bleecker street not far from Broadway. The aBimal was very emaciated, was perspir" ing greatly, was @pparently in pain, and one foot had a very large suppurating sore on it; the disease being called “quitter.” While Mr. Bergn wasexamining the horse, Mr. Warner came up and said he was the Superin- tendent of the road and refused to have anything done with the animal. The driver of the car, named Travis, was arrested. Thomas W. Hart6eld, the Superintendent of the Society of which Mr. Bergh is President, also de- seribed the condition of the horse. Dr. Liantard, a vet- ermary, surgeon, described the nature of the disease called “quitter,” and from the description of the horse in Fim iven by the witnesses tor the prosecution he thought the animat was unfit for work. Another veterinary surgeon named Grice was also ex- amined as an expert and created considerable excite- ment in Court by his egotistie and impudent replies to the questions propounded by ex-Recorder smith, the counsel oe ‘the ndant rshay Dr. O' eterinary on was called as an ex- pert by the ee, and Ril at when the disease of “quitter” hed a certain ot mage in the proc recovery, moderate exercise was more benefic injurious'to the animal in question, which he had rest of the accused, labor. The President of over) the defendant, the foreman of the stable and the ‘‘starter” all testified that the horse which gave rise to this controversy was only suffering slightly from a wound, and that at the present time he ‘war sound and health: Mr. Warner testified that after the driver was arrested Police Commissioner Barr instructed him to drive the car to the depot, which he did. Assistant DistFict Attorney Russell crosexamin witnesses ably, and made @ forcible appeal to Jor the copyicuou of the defenvank pelievine thats case ial than nd that in his opinion the horse seen & day or two after the ar- was able to perform Ligh the. road’ (Mr. Cone NEW YORK HERALD, FRIDAY, ‘was made out of a clear violation of the provision of the tate upon which he was indicted. x able to agree, were discharged by Mifichnel Daiton who nae Several of receiving. stolen was convi Boods, was sent to the State Prison for one year, JEFFERSON MARKET POLICE COURT. Highway Robbery. At the Jefierson Market Police Court yesterday, before Justice Ledwith, James Cregan, of 805 Third avenue, was charged with highway robbery by James Hickey, of 454 Wert Fifty.sixth street. The complainant testified that On Weuntalay: crenitg, while ie twenty sun street, Dear Seventh avi Burglary. R. D. Nichols, charged with breaking into the hardware and house furnishing store of David Shaw, at 286 Sixth avenue, on the Rightot bes 9th of April, and stealing a ouantity of plated ware valued at was locked up to answer. BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. Alleged Violation the Pension Law. Before Judge Benedict. In the case of Frank N. Jones, who was indicted on the charge of having violated the pension law, Judge Bene- dict yesterday rendered the following decision :— The United States vs. Frank W. Jones.—This case comes: before ne upon a motion to quash the indietment upol the ground that the statute under which it was frame: has by the act of March 3, 1873, Whether ‘the effect of act of March 1873, is to re enth and eighth sections of the act of July, ucstion discussed by the counsel upon the ut this igneaen is of no consequence in. vie' the provi ee ot section 4 Tid, expressly sore the extinguiamment Of ths enaities a violation or the act of July 8, , 1871, the prisoner Nation of that act, other purposes it has been repealed. The motion to quash must, therefore, be denied, SUPERIOR COURT—SPECIAL TERM. ANeged Defective Commitment. Before Judge Pratt. Counsellor Gray yesterday applied for the discharge of John Mulvey, who had been committed to the Peniten- tiary by one of the Justices on a charge of larceny. Mr. Gray contended that the commitment had been improp- erly made out, Assistant District Attorney Cullen contended that the commitment was correct, and suggested that Mulvey had better show that he was not the thief. Judge Pratt reserved his decision. Decisions. By Judge Gilbert. E. J. Moeller vx H. Altenbrand.—Case not referrable ; order must stand. J. N. Stearns vi. B. E, Brown.—Motion to yacate ap- pointment of Commissioners; motion denied, &c. CITY COURT—SPECIAL TERM. Decisions. By Judge Neilson. Fay vs. Fay.—Order thut plaintiff pay to his wife ali- mony, $10 per week, and $25 for expenscs of suit. Leave to apply for further relict on the merits of the case being more fully known, Ditler vs. Nering.—The order of reference and. subse- quent proceedings thereon discharged and set aside. Issues referred for trial to Robert Johnson. eir vs, Sehwilger.—Order as to reply granted. In matter of construction of will of Eliza Treadwell.— Opinion filed. Lempke vs. Lempke.—Under the special circumstances, order tor alimony, &¢., refused without prejudice, Foster vs. Rréwer.—Application to set aside’ attach- ment denied. COURT OF APPEALS. Atnany, May 29, 1873. Motions decided in the Court of Appeals, May 29,1873 :— Motions denied—Goeller vs. Levy; Hewlett vs. Wood. Motion granted—Fleins vs. Reines, * Day calendar tor Friday, May 30, 1873:—Nos. 130, 120, 136, 124, 139, 140, i THE SMALL HABEAS CORPUS CASE. —— Judge Fancher Explains—Another Writ Necessary to Secure the Father His Child. The decision of Jadge Fancher in the case of Small vs. St. Barnabas House, growing out ofa writ of habeas corpus obtained by Smail for the de- livery of his daughter to his custody, has elicited much comment both outside and among the legal fraternity. The excuse offered by Judge Fancher that he believed the Episcopal minister to have been a Catholic priest is regarded as totally irrele- vant to the question at issue—namely, whether the father was to have the custody of his own child or not, Although there seems to bea question of veracity regarding the presentation of affidavits going to show the good character of the man, this is also regarded as out of the guestion. The father was to be regarded as a worthy person until charged or proved otherwise, and, so far as can be ascertained, no charges of the kind were made. Ip a conversation with Judge Fancher yes- verday a HERALD reporter elicited the following information :— REPORTER—What is to be done with the child? Is her father to get her or not? Judge FANCHER—She will probably stay where she is, unless the father takes out another writ of habeas corpus. I found myself powerless to do any other way than asIdid. The girl was notin the St. Barnabas House. She was out at service in Steapecsoe family. The father can readily get the child by applying for a writ ot habeas corpus to be served upon the woman who has the child in custody. I gave Mr. Small’s lawyer the name and address of the woman. RevortER—I have heard that aMdavits testifying to Mr. Small’s good character were presented Judge FANCHER—Notat all. Thisis a mistake. I did not know anything about him, When the case was called I heard the testimony from the minister (whom I took to be a priest, and the priests are generally right im these matters) to the effect that the girl did not want to go back to her father. He said that the girl had been pone to St. Barnabas House by the mother; that she had been kept for some time, and that a good home had been found for her. I was also given to understand that the establishment vouched Jor the family with whom the girl ha@ been placed. I asked the girl herself if she degired to go baek to her father and she said that she did not. Asshe went out ef the court room, furthermore, I saw her turn around and make a face at her father. It was not a question of religion. It was merely a legal formality which revented the father from having the custody of he girl. If the writ had been servea upon the woman in whese house she was, the parent could have taken her. The fauit existed in the fact that the writ was served upon an establishment which no longer had possession of the child The Common Sense Legal View of the Case. To THE EDITOR OF THE HBRALD:— We are at a Joss tounderstand the letter of Mr. Justice Fancher, which appears in your issue of this morning, relative to the Small habeas corpus case, in which we were counsel for the petitioner. The sworn petition of the father and, the ami- davite of the mother’s brother, upen which Judge Fancher allowed the writ, show the motner to be a confirmed drunkard and the father to be a sober, industrious man, capable of properly caring for his children; and the father expressly swore in his petition “that on or about the 24th day of = April, 1873, his said wife sent your petitioner two of his said children, and placed one child, named Elizabeth Mary Small, of the age of thirteen years, in the care and custody of that branch of the New York City Protestant Episcopal Mission, known as the St. Barnabas House, 404 Mulberry street, New York city; * * * that your petitioner and his said wife are members of the Koman Catholic Church, and have brought up and educated their children in the Roman Catholic faith, and that satd child has been educated in that faith and no other, and is now a Roman Catholic; * * * that said insti tution is not a Catholic institution, but 1s, as your etitioner 18 iniormed and believes, a Protestant institution.” How, under such a statement ef facte, enforeed by counsel's remarks in open Court, and after kis owb declaration in answer thereto, as correctly reported in the newspapers, that he would not consider the religious question at all, Judge Fancher can have fallen into any such delu- sion as his letter will suggest, is a matter which the public can judge of. But does Judge Fancher mean to say that, believ- ing that a Cathelic institution had taken away & Catholic father’s child, he thought the law gave the father no redress? Can a Catholic or Protes- tant institution take away any Catholic er Protes- tant child from its parent’s controi and be allowed to keep it? or did Judge Fancher think the father was @ Protestant, and did he intend to faver what he eonsidered a Catholic institution? Or, finally, apart from the religious question entirely, has not any sober, industrious, well-behaved father, who 1s able and willing to support his minor children, a Tight to have them as «gainst all institutions and all persons? Is not this the foundation law of so- ciety and of the domestic relations; and ought this not to have been enough to have guided Judge Fan- cher in his decision or, at least, to have led him to order an investigation? All these questions lead to but one von and the pubiic, we think, have alread; ince the decision, availed him- jaw, and has taken his child into his custody,as he had a right to do, and Judge Fancher’s good intentions are too late and no lon- ger necessary. BREEN & SPELLISSY,. May 28, 1873, The Jadicial Disposal of Children—Let- ter from the Ex-Surrogate. To THE EDITOR OF THE HERALD:— Since Judge Fancher has explained his action in the Small case, as haying been founded on entire misapprehension of facts, a word on the question of the judicial diepesal of children may not be out of , place, from one who hag bad a large and long experi- ence in such matters. During the seven years Isat in the Surrogate’s Ceurt (including the years of the War, which brought in upon us 80 many orphans), the direction of tne education of theusands of little ones was in my bands, An observance of uniform rules produced satisfaction im, most cases and ished material justice, J think, in all. ‘The religion of the parents, where both were of the same faith, was considered the religion of the minor, and proselytiam was never encour by jmdicial action, Catholic children were confided to Catholic teachings, Jewish children to Jewish tul- tion and Protestant children to Protestant infiu- ences. Butin those cases where there was @ re- ligious disagreement between the parents the Jather was javanably held to have the sole rigbt to control the children born in lawful wedlock. This is the written law of the State a8 it is to be found in the Revised Statutes :— The father of a child, under the age of twenty-one aps and unmarried, can ererted ‘aie custouy and tai- ion of such child during its ininority, It will be observed that the Legislature in its Wisdom has given the father and not the mother this power. Itisthe father’s wishes, which, in case of a mixed marriage and in the absence of: any ante-nuptial contract, are to be considered in re- Jation to the child's Cass The observance of rules like these by every Court would avold the unseemly religious squabbles which now some- times occur. Our judges should not imagine them- selves cither legisiators or missionaries. We want them neither to make law for us nor te proselytize our children, but to lay down fixed rules in ac- cordance with law, and enforce them. GIDEON J, TUCKER. AN ALABAMA GARDEN SCENE. An Opelika Methodist Sees Too Much— Admonishes a Young Sprig of the Aris- toeracy Against a Repetition of His Of- fence and Is Assa: Reputation Aristocracy Excited. (Correspondence of the Atlanta Herald.} OPELIKA, Ala., May 23, 1873, The citizens of Opelika were startied into excite- ment on ey evening by the report that Mr. Thomas Prillips had been shot and instantly killed Le Jobn Hooper, both parties being residents ere, THE VICTIM. Mr. Thomas Phillips was one of the most highly esteemed members of this community—a man ef fine character, who had for many years been prominent and influential in this county. He ad held various positions of trust and honor, having been Judge of the Court of Macon 'y and Sheriff, It weed to be his boast that he had served thirty years as Sheritf, deputy sheriff and constable, without having a aif- ficulty with any person in the discharge of his official duties. Mr. Phillips was @ member of the Methodist Church, and was about fifty-eignt years ofage. He leaves a wife and family to mourn his untimely death, THE SLAYER. The slayer, Mr. John Hooper, is a young man about twenty years of age, a son of Judge J. D Hooper and a brother of George W. Hooper, the Solicitor of the county. ORIGIN OF THE DIFFICULTY, 'The origin of the difficulty was, it is said, as fol- lows :—Some weeks ago, while Mr. Phillips and his wife were in the garden one evening just about dusk, they were witnesses of a gross act of immo- rality on the part of John Hooper and a young girl of this place, in the rear of their premises, HOOPER ADMONISHED. Mr. Phillips, as a member of the church and also asa friend to Mr. Hooper, sought the young man on the following day and remonstrated with him on his conduct, at the same time admonisking him to be more cautious as to privacy in his indecent intercourse with the Jenne woman in question, as not only he and Mrs. Phillips, but others alse, had been witnesses of what had occurred, PHILLIPS THREATENED Young Hooper, it is said, New into a passion, de- claring that nobody but Mr. Phillips had seen it and that ifthat gentiman ever told it to anyboay he (Hooper) would shoot him. Mr. Phillips re- joined that others had witnessed it, but that so Tar as he was concerned he did not intend to make any mention of the matter to any one, all he de- sired was to warn Hooper of the consequences of his open disregard of ordinary caution in the prac- tice of his immoralities. THE SCANDAL SPREAD. It sppears that among those who were witnesses to the improprieties of the parties were several negroes, who, a8 might be supposed, &>read the story on every side, giving the young iady’s name, together with all the indecent details. Very soon the scandal spread from one end of the town to the other, and as the young lady’s connections are very respectabie it became evident that Hooper must do something to repel the charge o! guilt. MR. PHILLIPS ATTACKED, ‘This Hooper did by killing Mr. Philltps. He ap- proached that gentleman yesterday afternoon in the presence of two of our most respectable citi- zens, and charged him with having spread the re- port. Mr, Philips replied, denying that he had ever spoken of the matter toany one. Hooper then demanded that Mr. Phillips should deny ever having seen him engaged in any improprieties with the young !ady. Mr. Phillips replied, declining to accede to the demand, on the ground that he would not voluntarily tell a lie. THE KILLING. Mr. Phillips was entirely unarmed and at the mercy of his opponent. No sooner had he refused to deny that he had witnessed the improper con- duct than Hooper drew a revolver and levelled it at the unfortunate man. Mr. Phillips called out to him, in the name of God, not to shoot, and made a movement as if to seize the weapon. Belore he could execute his purpose, however, Hooper fired and the bullet entered above his left breast, pene- trating the heart and causing instant death. A second shot was fired, but the builet missed, and before he could fire a third time he was arrested, A JUDICIAL FARCE. The deed committed, Hooper walked off calmly with the oMcer and surrendered himself to the au- thorities. Then took place a perfect farce. Mr. Hooper was a clerk in the office of a Justice of the Peace named Vickers, and he was brought before his former employer. It ts said that when bail was asked Vickers promptly agreed to take it, and named $2,500 as eneugh, and that Hooper's brother, the soliciter, suggested $5,000, as this sum was larger and would prevent people talking, PUBLIC SENTIMENT. I merely UM the drift of public sentiment when I say that the killing of Mr. Phillips is regarded by the respectable part of the community as one of the most cold-blooded and premeditated mur- ders on record in this State. Hooper sought, parieyed with and deliberately shot his victim without resistance aud without Mr. Phillips knowing of this purpose. It is the general opinion that if Hooper is ever tried, and if a Judge of the character of Judge Hopkins, of your city, presided over the trial, that he would be convicted, Unfortunately, we have no such men as Judge Hopkins here. It is all a question of money with our trenchant and venal officials, = INDIGNATION, The bailing of Hooper has excited deep indigna- tion among all classes of our respectabie citizens, I trust that you will send a reporter of yours over here to make an investigation of this Killing, Al- though your correspondent believes he writes without prejudice, still your readers may not think 80, hence the necessity for your sending a reporter here. My sole purpose in writing has been to cor- rect the lying telegrams sent to the newspapers from this city, which represent Mr. Phillips as the slanderer of a young lady and a young man. ANOTHER ACCOUNT. Last night our reporter called on Mr. W. B. Thomas, one of the most prominent lawyers of One- lika, for the purpose of obtaining any information pertaining to the Phillips-Hooper afair that he might be able to furnish, Aiter exchanging cour- tesies and stating the object of his call the foliow- Oe ne took place :— ir, THOMAS—I cannot furnish yeu with any infor mation concerning the affair, as I left Opelika the day before Mr. Phillips was killed, but am familiar with the cause of the disagreement, which was the a or certain rumors credited to Mr. Phil- ps. REPORTER—Did_you ever hear of these reports as pipes “ene Mr. Phiips, and what was the nature of them Mr. THOMAS—I have heard many reports reflect- ing en the character of a lady of our town; each of My informants gave Mr. Phillips as bis direct or indirect authority. There reports were teid in a Pests fone manner, but were not confined te a few. REPORTER—Did you ever speak te Mr. Phillips re- garding these rumors? Mr. Tuomas—I never spoke to Mr. Phillips in ref- erence to the matter, but understood from a friend of his that Mr. Phillips had made many endeavors to suppress the rumor, as there was a possibility of his laboring under a ee heater che and @ more especial reason for his desiring thai the matter should be “hushed up? was that he was a particu- Jar friend of the Hooper family. REPORTER—Did Mr. Phillips make any pesitive statements about the criminality of this couple ? Mr, THoMAs—The ramor was circulated by Mr. Phillips, giving the occurrence ratner as @ conjec- tare than as an actual fact. He, in speaking of the matter, mentioned the occurrence, time and place, but omitted mentioning the name of any of the parties. (Other parties eee the names of the actors and converted his conjectures into sitive statements, I don't believe, if the report jad been circulated as originated by Phillips, that any offence could have been taken. It was after hearing the report circulated a8 @ positive asser- tion that he commenced, making an effort to sup- Dey It, a8 there was a possibility of his doing the \y @ great injustice. EPORTER—MoW did these people stand in the community ? Mr. THOMAS—All stood high, The lady figured in first circles, No family stood higher than hers. ,No lady was more ban poten d esteemed by all, These reports astonished every only. I could not but be- lieve that there was some mistake. I was intimately acquainted with Mr. Phillips. No one, in my opinion, had a better record for integrity and honesty. Re stood well in the community and was universally respected. Hooper is of an excellent family, nephew of Judge Hooper, the author of “Simon Suggs.” His father isa prominent lawyer in Opelika and his brother soltcitor of the county. Hooper is only eighteen or nineteen years old, but was a young man Of some Dromise, MAY 30, 1873—TRIPLE SHEET. —€—— A Busy Day in Pine Street—Heavy Operations—Miss Netlsom, the Actress, as s Real Estate Operator—Important Sale of Suburban Realty. Taxen every way yesterday may be set down as having been a busy day, both in private and pub- Me transactions in realestate. This activity fully demonstrates the healthy state of the market, which Panies in stocks or gold capnet affect in any degree. A money lockup may slightly embarrass operations by retarding the same for a short Period; but any person wanting a lot on Manbat- tan Jsland will purchase it, no matter how stringent funds may be, It ig of very little importance where property is located—whether east or west— the inquiry therefor has been sharp, and the prices have kept up very strong. ‘We have had occasion several times to comment upon the stiffness of sellers towards purchasers, The system is tobe deprecated; for in this busi- ness, asim every other, there should be exhibited @ degree of accommodation between contracting parties. A half-way meeting should be the Shibo- leth of real estate operators, and then we would have no particular season when trade in lots is dull, but an even tenor might be maintained dur- ing the entire twelve months in the year. How- QUAKERS. Cee Departure of the Elders and Minis- ters from the City of Gotham, Clove of the Conference—Its Last Doings—Dis creet Ignoring of Modoc Matters—The Other Indians Looked After as Usual— Intemperance and War Receive Attention—Sectarian Edu- cation Strongly Advocated. The proceedings of the yearly Conference of the Society of Friends have been of much shorter dura- tion this year than the last, and for some reason have not been nearly so interesting. The staid representatives seem to have entrenched, them- selves behind a very discreet timidity touching the various questions of public importance which have always engaged their attention. The poor savage, the darling and gentle protégé of the meek shadows ere, ae beprovemeas Jn his respect has been | of George Fox, has been as kindly and affection- ad lately, and hence it has become an easier task to say, th to sell property, and to better advantaxe. ately attended to as usual, but, strange to say, tha Most demonstrative and important of his récent doings have not received even a-passing allusion, as if the strength of the psssive theory of policy which they have advarmced were not so great as to withstand the severe shock of being assailed with the proois of experience so palpable in the blood- shed of soldiers and settlers in the neighborhood of the lava beds. The sanguine evidences given by the Modocs of the sort of progress made in civiliza- tion under the treatment of tolerance, kindnes@ and patient forbearance seemed not to be an im pecrens enough subject to be mentioned in @ lengthy discussion of the condition of the other tribes of Indians which occurred. Altogether this convening of the annual Confer- ence of a society of religious believers, which apart of the public think already to have become glmos® inane and nerveless, has not shown such vitality 1m its ranks as much to affect that prejudice, IT HAS NOT BEEN SIGNALIZED, as that of 1872 was, by any liberal advancement in the limits that had formerly marked itg secta- Tian characteristics, or by any active attempt ta influence the public or the government in regard to any topics or movements of great importance. Yesterday the attendance at the opening of tha session was somewhat diminished by the? de- parture of some of the rural members, The Morning hour was consumed in the conclusion et the ¢onsideration of THE CONDITION OF THE CHURCH. It oppeeres from the remaiming reports from subordinate meetings, which .were read and ac- cepted, that this had neither improved nor grown any worse. On the sundject of religious schools under the care of the Society there was a good deal of expression oi regret that the secta- rian education of the youth had not by Friends been esteemed so important as it had been by other denominations, This fact was by some of the speakers instanced as ene of the causes of the de- cline of the Society from its former high prosperity, and the re-establishment amd encouragement of A SEPARATE RELIGIOUS SCHOOL SYSTEM was strongly urged. George ‘Truman said that in the Philadelphia district such a system, in existence since the time of Penn, was very successfal and was largely sup- ported by members of other Churches who were glad to have their children educated under the influence of the Quakers, 1¢ was avery common prejudice that the sectarian schools were alwaya instilling into the minds of pupils sectarian ideas. He was happy to say that this was not so in the in- stitutions of the Friends. But, he asked, were they aoing their share of duty in respect of education? ‘The establishment of public schools was one ofthe Main reasons why Frienas’ schools had come into disuse; but he thought that the education which they gave was not sufficient. The Society would All of Pine street was alive yesterday, the sen- sation being caused by the appearance of the charming and fascinating Miss Neilson at the office of Mr. John McClave. iss Neilson, during her brief residence in this country, became enamored with its institutions, and has manifested ner pref- erence for the Empire City by purchasing a@ val- uable plot of ground facing the Riverside Park a8 ® permanent investment. This action on the part of this eminent artiste does credit to her noble character, inasmuch as it was here she made the money with which the pur- chase was effected, and here she leaves it where it is sure to bring her a handsome interest on the investment, We have on two several occasions reported the sale of two parcels of ground by Mr. McClave to Mr. E. A, Sothern, the great “Dun- dreary.” One of these was a plot of three lots on the southeast corner of West End avenue and Seventy-third street, which is worth at present $15,000 over the perches, price, and the other four lots, on the southwest corner of West End avenue and Eighty-seventh street, has increased in value about three thousand doilars since the plot was bought. If Miss Neilsson’s property enhances in the same ratio, of which there can be no doubt, her investment will be most valuable. A most important as well as valuable transac- tion is reported to us by Mr, William H, Raynor, who has sold, through Howard W., Coates, ten lots on the east side of Kiverside avenue, between 101st and 102d streets, being 142 feet 10% inches on 101st and 103 feet on 1024 street, full front on the avenue, for $140,000, in part payment for which was given three full lots on the northwest corner of Eighth avenue and Sixty-sixth street, valued at $100,000, SUBURBAN SALES. A fine attendance was present yesterday at the Real state Exchange, gathered by the announce- ment ofa sale in partition, comprising 464 lots on Fifth, Seventh, Eighth and Ninth avenues, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and Thir- teenth streets, at Whitestone, L, I., by order of the Whitestone Land Association, under the direction of Mr. George West Van Siclen, attorney. This ig the first sale of suburban property at the Exchange which has proved successful. The man- nerin which this auction was managed reficcts credit upon those having the same in charge. Free tickets by boat and rail were given to every applicant desirous of inspecting the property, hence, whoever purchased knew exactly what he was buying. Inthe annexed list we give the full details of tae sale, G. B. Carll bought for Conrad and Adolph Poppenhusén and E. B, Hinsdale, John D, Scott, and RK. D, Tucker purchased tor John 1. Locke. Ali the others were outside buyers. ‘the sum total realized was $98,525. Next Thursday 399 more lotsof the same estate will be sold at the Exchange :— BY MULLER, WILKINS AND CO, (Sale of property located at Whitestone, L. 1 by order of th — Land Association, at Exchange suies- | be the gainer by having separate schools. Pubiio 2igts. next adjoining on thes. . to same pur- away from the former into channels of belief or chaser, each. . 210 | scepticism which they could not own. Other rele. 4 lots n. é. corner 5th ay, an fous organizations had discovered this, ie chaser, cach 3 thought the Friends were too much intent upon thet jenny : ‘cach 3p | Having a cheap religion and had given, for this rea- 4 lots ealcining ‘one. #. 6 0 Jn Higgins, euch. 279 | Son, the care ef their children over to the State. w, corner 7th av. and 8th st, toJ. 8. Wein- This bad led to a dying out of the old usages and heimer, each...... 410 | customs of the Society, which was deplorable. He 4 lows n. w. corner 7th ay. and 7th st advocated free schools established by the Church ham, cach 40 | tor its children, whereby they would be gathered 4 lots adjoining on weet to G. E, Carll, # ots adjoining on west to Jnq Higaing, ‘Tots adjoining on West to Gz #, Carll, ench 4 lots, n.e. corner Sth av. and 8th more epee its fold. John D. Wright dwelt upon the value of relig- jous education for better qualifying the coming ministry of tle Society for their work. He also favered the introduction of music into a portion of the services, The question subsided from view, as usual ip such cases, without any decisive action being taken upon it. The session was adjourned until the after- noon, and, meanwhile, about twelve hundred per- sons partook of a lunch which was providently set for them in the basement of the building. The afternoon session was only important on ac count of a presentation of the REPORT OF THE INDIAN COMMITTER on the work of the Society in the cause of civiliza- uon in the West. This report contained nothin; very novel or interesting, the facts which it relate: ots, gins, each sous pied 4 lots, se. corner bth av. and 9th st., to John ryan, enc mi €, corner 4 lots, ining 4 lots, adjoining on east, to G. 4 lots, adjoining on east, to G. House and 2 lots, on 7th a1 2 lots, n. roe er 7th a ‘ar! etween 9 each. + 185 th and 10th ats. 5,200 to Chas. Jen: kins, eacl 375 | having often before been given to the public. The dlots, n.¢. committee believed that the influx of white set- A Ladas, «1 Po onieast, $6 Gcie ne tlers surrounding the reservation of the,Sioux ¥ nh east, ‘ jot Rieti on east’ to G. E. : 17) | Would soon render the repetition oftheir dreaded raids upon the other tribes impossible. Many of the peaceavie Indians had now been provided with houses, and it was proposed to secure LADY MISSIONARIES to go among them with the purpose of teaching the squaws and their daughters the proper per- formance of the duties of housewilery. CJ Was great difficulty met with in the attempt to se- cure proper persons for this work. 1t was believed if this plan were successful the government would adopt it and provide a fand for the compensation of missionaries. The Genesee yearly meeting had employed a lady missionary and she had succeeded admirably. The report stated that generous nelp had been afforded the Indian Committee by the juakers in New York in contributions of money, ¢lothing, &c. ‘The report was accepted and the same commit- tee was ordered to continue labors for another year, with authority to draw mn the Treasurer of the yearly meeting for $500 and te raise money by subscription, &c. Addresses were delivered on the subjects of peace and temperance, and the Conference finally adjourned until next year. TEMPERANCE AND THE SABBATH-STATE CONVENTION, At @ conference of committees representing several State temperance organizations and of other friends of temperanee and the Sabbath, held this day, it was unanimously Resolved, That in view of the failure of the republican Part anes repeutedly wiven fo enacts, local prohibivery Wa Mate convention be called to meet in Tweddie f Albany, on the 2th day of June next, ., to consider and decide upon tuture 4 cach 4 lots, * e. Canhiod Sth ay. and iith st; 4. B. De ‘lh, east; G. E. Carll, each. Sth ay. and 12th st.; G. BE. € 8 low, 4 lots, adjoining on 4 lots, e. corner lj ing on east; G, E. Car: ining on east; G. E. Carl , side 7th av., between 1th . Scott, en 5 lots, ¢. side 7th av., betwee Heury Hurd, each 4 lots, adjoining on eas! . House and 2 lots, s. side 13th 8 House and 2 lots, s. side 13th House and 2 lots, s. side 13th ‘allan, each. . t 4 lots, adjoining on west Glots n. #. 12th st., to G. E. 4 Bthav., between . Carll, each 9 lots adjoining on 4 16 lots n. 8. 12th st., betwi een th ana 9th joining on ‘east, to John Bozeiti, each 2th st., toJohn D. scott, each, ith st. to John D. Scott vi ; each 10 lots adjoining on wi to ¢ Carll, each. oe 4lots n. e. corner dth ay. and Jth st., to G. E. Carll, ‘Lith’ James Cagney, each i 14 Jots adjoining on east, to J tt, Slots w. s. 9th av., between 10th and ith £, Carll, each. 4 j 4 lots adjoining on west, to G. E. Carll, ea adjoining on wesi, to R. D. Tucker, each. corner #th av. and 10% st, to Charles Jen- I, in the cit; ovelock A. The undersigned committee, appointed for the purpose, would hereby invite every church, Sab- bath school, Young Men’s Christian Association, temperance organization and other organized bodies in favor of the maintenance of the sanctity of the Christian Sabbath and the suppression of the pa traftic to send one delegate to said cenven- ion. Whoever attempts to haul down the temperance flag, “shoot him on tne spot!’’ 8. MCKEAN, J. N. STEARNS, J. C. GALLUP, H. 8. McCOLLU) Committee, A. NEWTON LOCKE, C. E. GILDERSLEVE, A. 8. DRAPER, ALBANY, May 27, 1573, MASSACHUSETTS AND THE HOOSIO TUNNEL, Boston, May 29, 1873, The lower house of the Massachusetts Legis- Jature has passed the Hoosic Tunnel bill, giving the management to the State by @ vote of 110 to 108. The matter will probably come up again on a motion to reconsider. ‘The bill was sent to the Senate and referred to the Treasury Committee without debate. It is thought that the bill providing for State ownership will be substituted in the Senate when the subject comes up. AN IMPORTANT ELECTION DECISION. Concorp, N. H., May 29, 1873, Anelaborate opinion, signed by all the Judges of the Supreme Court, was to-day sent to Governor ‘aril, each 28 14 Jots ‘adjomng on west; G. E. Cartl, 4 lots ots adjoinin, 6 lots adjoining on east; K. D. dlots nm. W. corner 9th ay. and sth si each. cig ; 14 lots adjoining on west ; Joh Blotse. &. 8th av., between 7t Jenkins, each... 4 lots adjoining o: 4 lots adjoining on 14 lots 9th ay. and 6th 14 lots n. s. 7th st..; De Friese dlots se. cormer Sth av. and 7th st.; Charles Jen- kins, each...... Bb 5 22 lots adjoining on casi 30 BY WI 3a. fr. h. andl., ¢ 100; Edward Muivane: ANOTHER SENSATION SPOILED. A Bohemian’s “Burglary of Bonds” in Westchester County Disposed Of. A good deal of merriment was occasioned in and around the police stations at Morrisania and Tremont, Westchester county, yesterday, by articles which ap- beared In one or two of the morning papers, setting forth several gigantic burglaries purporting to have been per- trated of late in that section of the count; in one instance where the house of a Brewster was broken into during bh a 1¢ village of Treme: vivid imuinntion of the scribe, The p stolen is set forth in one journal as including, other plumder, bonds of the value of $150,0u0, upother paper, with commendable (') eaution, amon while the amount at pine truth is, that the | Straw, to the effect that when a Town Clerk’s rec- ted (and which have since ty Seen eorelea coossten ord and return of votes for Representative in Cor of, & fem, mortgages, deeds, and household receipts, utterly —-valueies to any one except, perhaps, the owner, who must hi been somewhat astounded yesterday’ morning to find himself suddenly more opulent (on paper) than he had er hoped to be in mis wildest flights of fancy. Jame fey, the butgiar, whe has been locked up at M risania ‘since Iast Tuesday morning, contrived, ial Nee neh Sk eg ts toate ieee roperty, the value of ich ou; ensure his sojourn- fig in Sing Sing Prison for @ period. 4) MORE FIREBUGS IN JERSEY. The residence of Colonel Potter, in Linden, was de stroyed by fireon Wednesday. The family were hardly able to escape with their lives, so rapidly did the dames spread. Among the property dest ior A short ‘tim ‘after the ire Boone oat ate 7 burt fuse was discovered near the barn, and an ex- ess Are according to the Moderator’s count ana eclaration the Governor and Council are not au- thorized to require the Clerk to amend his record and correct an error in the count. This opinion of the Judges will elect Austin F. Pike, of Franklin, to Congress from the Second district, EXODUS OF CITY THIEVES. Within the past week an unusual number of till-tap- pers, pickpockets and other professional rogues have crossed to Hoboken in hopes of making # rake therein, Upwards of a dozen h: days. Four were ca the rock formation on 3n Wife were nabbed b: cy feb cer nae ear yatta ne ami revealed the fact that the tse was ted | Penitentiary. Two suspici Hy with of powder. discovery. was mi nde. Va in sion were secured last eve! ng, ¥ @ young man wi time to save the bmiding from being from & 01 to wn Up. ae helical villaibs Who perpetrated this outrage are yet at mbvsied $700 from Fe merchant wae, this city for trial. eve. ‘and will be removed cae isha é the @ PESce Soulee are armed with