The New York Herald Newspaper, September 24, 1873, Page 3

DON CARLOS, The Royal Bourbonist Entry Into _Spain—Its Calculations, Hope and Support. Curious aud Extraordinary Statements by the Prinee’s Opponents. Cd The Force Which Came to His Aid and a Spasmodic Effort at Campaigning, Special History of the Advance and Operations. The Cause of Carlism and the Church. - ROYAL HEADQUARTERS, LOS ARCOS, August 31, 1873, It 18 now fully six weeks since Don Carlos entered the land he hopes some day to reign over, | and the result of his presence among his adher- ents can be more or less fairly estimated. In Europe,.as wellas in America, he was accused of cowardice for not entering Spain and placing him- | self at the head of the volunteers who fought for him; but, as I had formerly an opportunity to re- Jaark in the columns of the HERALD, he was not the guilty party in that case, He would have crossed ‘the frontier long before he did but his generals ob- Jected to it for various reasons, and I have enough proofs now that they were quite right. The only ad- Vantage that has grown out of his presence here is that the populations of the Basque prov- dnces have seen him, have acclaimed him; Yhat their enthusiasm hes been carried to the highest possibile pitch, and = that they have consequently acquired some fresh strength which was sadly wanted for their further bearing the miseries of the war and the losses they have been subjected to during these last eighteen months, It is said in the country that as much as pighty-eight per cent of the whole produce of the provisions is swallowea up by the Carlists in the form of rations and various other contributions, and not to give the p asauts bearing such a burden even the gatistaction of having a steady Jo0% nt tie Pringe for whom they sacrifice so much Would have been certainly hard upon them. By Appearing here Don Carlos has, therefore, mace a good stroke both asto policy and justice, and it Would be difficult to over-estimate the amount of Progress his cause has made in that respect, espe- cialiy if we keep in view that the most absurd stories had begun already to circulate here about him. Persons were told, for instance, that they were rulning themselves and their families for an Atalian cobbler, very similar to Don Carlos in tace and substituted for the Prince, who had died three years ago; that the whole affair wag A SWinuLt, | conceived by Oabrera and carried out by some French adventurers, who became acquainted with Carlist chiefs exiled in France, und that the fact that neither Don Carios noy Cabrera dared to come over was tie best proof of the fraudulent character of the business, To this and similar stories the appearance of Don Carlos put an end, ‘and he is now neurly as fully master of the Basque | brovinces and of Navarre its he could well wish to | be; but, in nearly ail other respects, lis onteriag Spain has already rendered the progress of Carlism slower, and will certainly continue to dose, It | has also considerably increased the bar- | dens to whici the» exhausted’ provinces are | Subjected, for the royal household and a numerens | useless staff and the escorts cost more in every | ‘way than several battalions. Besides all that, even the most valiant of the generwis ure uow thinking more about how to scoure absolute safety to the | person of their King than to take advantage of the | forces they possess and the weakness aud disor- | ganization the encmy displays. Since the day of the entry of Don Carlos up to August 20 there | has been practically not a singie shot fred, End- less marches, showing the King aii over the prov- inces, were the only things we were engaged in, and | popular demonstrations aud masses ali we had to | \ witness. | TWENTY-TWO THOUSAND i ‘well armed men spending in that way some six weeks can certainly not be called vigorous war-making, especially it we keep in; view that from December last till July | they formed, organized and armed them- selves, almost without any pecuniary means | at their disposal, and had, besides, ne end of small engagements in ail parts of the provinces, and several real batties, among which those of Erani | and Lecumberry were fought as bravely as any | regular army cou!d lave done, aud the werst of ; the matter is that with these King-exhibiting | @arches even the drill of the troops had to be | given up, for the men were too worn out from | constant marching and parading. ‘This do-nothing sort of business at length tired H everybody, and one or two attempts to resume | active warfare were made tn the Baztan, where | Dorreguray was sent with part of his troops to at- | tack Elizondy and San Esvevan, the King, escorted | by some 3,000 men, remaining far behind him. But the republicans, probably badly informed of the strength of the Carlist force, took to Might, and the whole of the beautiful valley was cleared with- Out a shot, | | LIZARRAGA AND VELASCO gad also been relieved from the tiresome duty of | marching behind us, and allowed to vesume active | operations in their own provinces (Guipuzcea and | Biscaya). One begins to think that one would | soon see some rea! work doue. But this state of affairs did not last long. After some more prom- SRSaNGNmeataeiienawrereeeneanecarnr ee a ee | more dis avenues ofthe citadel, While to the garrison the rifle shot could only do accidental harm by passing through a badly protected opening of any sort, the little cannons of the Carlists were tried in all imaginable positions, They were placed on the surrounding hills, on the roofs of houses, inside of the houses, on all the floors alternately, with the same effect, Which was that of their not being able to open a breach. The petroleum machine was loudly asked for, but could not be got into working order, thanks to the gutta percha tubs having been shot through by the republican rifles during Dorregaray’s last attempt to capture the place, Finally a major of one of the battalions was com- luissivued to show his skull in MINING THE CITADEL. The cellar of one of the adjoining houses had becn found to be a suitable starting point for a Work of that sort, and alter & couple of days’ efforts, everybody having been warned to be on his guard, o@ went the afair right in front of the walls of the citadel, without hurting any one or suything, except the house it was worked from, But if the material effect of the mine was not great its moral effect seems to have been con- siderable, for the besieged began to think that though one mthe went wrong another one might go right, aud within six hours alter that unfor- tunate attempt to make engineers out of ignerant Navurrese yolunteer officers Lieutenant Colonel Sanz was compelled by his men to send out a fi of truce and to surrender the place. After some considerable pane - ing us to the conditions of capitilation some 600 men, 1,600 rifles, 100,000 cartridges (not 7,000 as has been telegraphed by some gentiemen not able to calculate that it would make Only about 43, shots ee to each rifle of the Cina @ sad- dic# and @ lot of other material fell into the hands of the Carlists. The men were disarmed and de- spatcved, under @ small escort, to Pampeluna, the officers only retaining thelr side arms, while the 1,500 rifles were used on the next day for armin, et of the Sixth and the whole of the new Seventh attalion of Navarre, until then armed only with pikes; and Ido not remember having heard more hearty applause than that with whick the ula~ tion of Estella and the volunteers assembled on the town square greeted the clarion who came to “tocar la llamaba” (sound the cali) to the men about to receive arms, At first sight the conditions of surrender of the fort geomed vel mia bay iv 18 now an established ractice with the bariiséa to set all prisoners at iberty, since they cannot afford to keép them, and are not disposed to shoot them, as Was often done in the last Carlist war. They are afraid of foreign intervention and wild retaliation if they follow the pis Ryerss upou the eificiency of which, it must e suld, many old Caurljsts still iusist. Besides this considera viol e moved to lenity by the fact that & strong columi Was marching to the rescue of the fort, and he told me himself that had t! 6 garele n held out a few hours jonger he would ve been compelled to raise the siege and retire from Estella. As mat- ters turned out, however, the Carlists not only captured the fort, but beat, on the next day, the united forces of three republican chiefs, On Sun- day evening, August 20, the citadel surrendered, and on Monday, af bine {n_ the mornin: hole of the folir battalions of AtkS and fOuF | ALiOns were engaged in battle at Dieastillo, a Village two hours south of Estella, The Madrid government, anxious to stay, at least in some de- gree, the progress of the Carlists, ordered the C: tain General of Aragon, Seior Sante-Pau, to take ail available troopa and to join Brigadier Villapo- dierna and Colonel Tejada, commppding jn the Rivera and in the Bogtyn Tebvectivel ana to res cue at ahy cost the garrison and fort of Estella, Sauta-Pau had the railway from Saragossa at his service, but notwithstanding that came. too late, and exposed his own and his fellow commander's troops to a disgraceful retreat, if not to a com- plete ront., It would be useless to describe here how Santa-Pau, Villapodierna and Aejads, with no LOUIE AESBECY, O80 corey and six one of witich {our werg steel Krupp) Were repulse: four battalions of Yi a y NAVARRA VOLUNTE! teow Who but a few montus ago did oy now what a v ecel}qader was. Itis enough to say that they | aliowed lio 19 ake excellent positions on the | heights while they themselves werein the plaints | hat their artillery was firing up hill, and that their | cavalry was ordered to charge vineyards and woods, Atnine A.M. the firing began, and at noon the republicans were fying almost on thg Whole line irom the bayonets with which the re Navarrese pursded m; and, be itrememhered, that the volunteers oi Don Carlos cha’ ed, not be- cause tt was thought a proper moméat had come to do so, but simply because they had no more artridges, in fact, one could not easily imagine a Bp atfair ior reguiar troops com- for DY ONS east horas: And it is only navurai that the AU oak wa ky Over a success of this. sort, all the7inet MUSS eneral iis was more than usually | sym Ag and given us as AMUSEMENTS. Thomas’ C mtral Park Garden Concerts— Close of the Season. The hard-earned popularity of Theodore Thomas and his band of artists was shown in a signal manner last night at the 13lst concert, which closed the season. ‘The hall was crowded to ex- cess, and many were obliged to sit out the concert in the garden, where, undaunted by cold or rain, they listened to the musie, The evening was ae- voted to Wagner, whose principal works were rendered in that faultless manner that character- izes ail the performances of this band. The fol- lowing works were given:—Quintet aud finale, from the third act of “The Minnesingers of Nitrnberg,” @& romance adapted for violin and orchestra by Wilbeling, which was superbly played by Mr. Bernard Listemaun; introduction and finale to “Tristan and Isolde,” “Ritt der Walktren,” introduction to“Lohengrin,”” bacchanale “Tanhauser” and the “Kaiser March.” Asa welcome relief from so much Wagner, Mr. Tuomas placed the delightiul symphony, No. 8 of Beethoven, in the middle of the programme. The music prophet, who has caused such a commotion in the realms gf art, and who has 60 many impru- dent admirers and implacable enemies, has secured @ valuable auxiliary in this country in the person which is a perfect mine of rich, ver On ne Lng har- monies, founded on simple themes, and the wild, eccentric meusures of the “Walktiren,”’ were limned with equal power. But amid all this spec- tacular, 60 to Speak, music, in which so many edects and so many wonders are congregated, how elicious was the Haydnish, childlike music of the Eighth Symphony. The playful meusures of the second movement, subi! even in their simplicity, were given is extri ordinary orchestra with a delicacy of treatment and thoroughness and heartiness that called forth ® tamultuous encore, And the young conductor, who has done more for real music perhaps than the proudest art centres in Europe might be proud, Mr. Thomas Sommapons his iplt ny win- ning a fey on ig" anus next week, ous onday_ evenin; Inaugurates the new Music” Hal in Onidogo ‘on Soctober ‘0, The first s¥mphony soirée in this city takes lace at Steinway Hall on November 22, and he first Brooklyn philharmonte concert, under dr. Thomas’ direction, on December 20. The orchestra nuinbers fifty-four artists, of which the principal soloists are Listemann and Jacobs, violin; Henry Schmitz, horn: Rudolph Dergel, trumpet; H, Kelsef, ‘cfd ppa, trombone; Eller, oboe, and EB, Weiner, flute, During the past season a large number of new works were brought out for the first time, among them, Second Suite in canon form, Grimm; sere- nade in D, opus 11, Brahms; symphony, opus 7, Ju- lius Zellner; symphony, opus 4, J. S, Svendsen; honic overture, Svendsen; Nordische Suite, Hamerek, ie remarks of the Programme are seasonable and just:—‘esides these have been done entire the Fourth, Fifth (C Minor) Sixth and now ths Etghtt symphonies of Beethoven, the First, See and Third (Cologne) symphonies of Schumann, the prenient symphony of Schubert (in C), the greatest ympbony of Mozart, the manitery the most pleas- ing symphony of Mendelssohn (the Scotch), the “fur Walde” of Raff, besides such works as the suite of Lachner, ‘This is @ summer season's work on whieh tra ha de ongratulated. The ad steady progress of the rdeti ¢Gficerts reininds ohe of Solon’s sayings, when he was asked. if he bad given the Atheuians the best sible laws, and dusWered that he had given them 48 goo! they would receive. Mr. Thomas, from the beginning of his career as a conductor, has ood Music as we could hear. The pro- grammes of this present season haye been better than we could have heard patiently VG years gO. We now hear them gladly, And this elevation of musical taste only intensifies the wish of New Yorkers, that the Thomas orchestra, which has already done so much for them, should have @ per- manent abiding place in New York,” Grand Opera House—‘tiaanted Houses.” es it was the first action at which their King was present and the first fight they had had after some SIX Weeks’ tiresome marching. But, aw far as general progress o1 the war is concerned, the bat- ile Of Diewntilio can have absolutely no eflect. Some 209 men are Raid to be hors de combat on the republican side, and that 18 all. No advance has been made in position, Dor substantial advantage ovtained, The whole thing was au exclusively moral success, due more to the stupidity of the republican generais and to the disorganization of the republican army than to any other circum. stance. Bvt it is still a good thing for the Navarra men to havo made the experience that they can beat the enemy, even wien he is more numerous aud when they are short of cartridges. The NATURAL VALOR perience, In addition, they have seen their King under fire, and I can testify that ali stories about Don Carlos being a coward have no foundation, I saw him standing for more than ball an bour in ine churchyard of the village, where a good many balls fell, without bis taking the slightest notice of tt He retired only when advised by Elio to do , afier & man of the company forming his escort fell dead behind Lim and two others were wounded. AS a matter of course We greatly rejoiced at these easy victories, took a couple of days’ rest on our urels, and moved onward only when every eat- abie was cousumed, both at Estella and Dicastilio. The route we took was towards the Kbro, and sanguine people began to believe we would cross it. But, as 1 have already said, without @ few battal- tons of Castilians, without more cavalry and with- out at least four ileld pieces (for as yet all we have to cross into Castile, and 1know from Elio’s own outh that he would be the last to allow any at- mpt of that sort, even if Don Carlos wished it. All we were going for was TO CAPTURE ANOTHER FORT close to the Ebro, almost opposite Logrofio and but n hour distant from the river. Viana was the name of the place we had now un eye upon, A quiddie-sized village, without any otler importance than that of being situated about three miles north from the bridges across tle Ebro to Logroio, had its two churches and an old tower fortified and arrisoned by some 30 dismounted hussars of Pavia and some 120 national guards. Yn this case us in the case of Estella the forts had no artillery, consequently the entrance into the place was very easy, and fire began in the immediate vicinity of the improvised citadel. Yesterday morning (August 80), at six o’clock, two battalions, with four guns, under the command of Brigadier Ollo, entered the village and @ summons to surrender was sent in. but fire opened on the white was all the answer that could be obtained, and at halt-past six fre was opened from the four cannons, placed, as in Estella, inside adjoining houses, on roois, and generally wherever it pleased the ‘self-made artillerymen, except where common sense would have suggested enading on the frouticr of Aragon we suddenly turned to the south of Pampeluna, marched through | Puenta la Reiva aud entered Estella, a thorough | Carlist town, which the republicans hold in their possession by means of a citadel they had estab: | lished there, taking advantage of a large and very | strongly-built ancieut convent. The town of Estella | being tn importance secon only to Paimpeluna in | the whole of Navarre, Dorregaray las already | twice attempted to take possession of tt, but never | carried out the plan. He entered the town | pn both occasions, exchanged a few thousand | harmless rifle shots with the embrasures of the citadel and retired under the pre- text of not having suficientiy heavy artil- ery, But about ten days ago Generai bilio made up his mind to capture the place, which, though of no particular sirategic importance, ls & | large, prosperons town, and may well serve as @ | basis of operations both in the direction of Pam. | peluna and Vittoria, Yet above all considerations | the old commander-in-chief was probably moved | by the failures of Dorvegaray to capture it, and by | , the general talk both in and outside of Spain that ho actual progress was made by the Carlist forces. | The whole of the Navarre forces, consisting then of | four and a half battalions, with four ganuons, were accordingly marched in and about | XSTELLA, und one of them ordered to occupy the honges @round the citadel and to begin the siege. A sum- mous to surrender was, of course, sent before fire Was opened, but the commander of whe garrison, Lieutenant Colonel Sanz, met the vearer of the white flag in @ manner which left no doubt that he strongly hoped to repulse this attack as he did the former, Carlos pointed himsel! the first cannon shot, which like the others, did bat little harm to the thick walls of the old convent. It would be utterly im. possible to give anything like an approaclitng esti. mate of the quantity of cartridges Which had beeu used on both sides during tle week the stege » lastea, THE PIRE WAS RBALLY INFERNAL, day and night, yet very few men were hit, either in the citadel or in the town. Bvery one walked quietly avedt the town without any foar of being hart, Pivvides he did not trespass upon the mamediase | pret Fire was consequently opeacd, and Don | placing them. Here also, as at Estella, were sse8 Of rifle balis sent against walls which even nnov shot would not have hurt. For thirty-stx hours this sort of business went on, the besieged | josing two dead and nine wounded und the be- Siegers four wounded, out of which (lree were not volunteers but simply invabitants of the bie os of stapid enough to show themselves too freely in sirects opened to the rifle fire of the fort. It must be suid, however, that the churches commanded ty nearly the whole of the thoroughtares of the und it was probably consequent on this ther Don Carios bor any member of his stall suowed any inc ination to enter the place be- fore tt ad been captured, FOUR NEWSPAPER CORRESPONDENTS were the only persons attached to the royal head- quarters Who Were to be seen in the streets of yiuna, all animated apparently by the same zeal, and equally unm y exposing thelr lives, villag | generally speaking, If not very dear, at all events very expensive to the proprietors of the papers, It must be said, however, that the royal staff had 4@ justification in quietly camping upon a hil! and dining on melons and grapes while bullets and balls were Kyocking against the wails and steeples of the Tillage churches, A republican column had er mi the Ebro and marched relieve Viana, Two of the Qarlist battalions, re- maining outside the sent fn te meet this cojuma, 200 ay men We possess videttes Over a distance of At the display of such a for and some read in some flree idabie force, and with the leacon of Dicastilio still fresh in thelr em@ry, the republicans turned their backs gad | Fecfoased the Kuro to Loeroio. We Were titis fe at liberty to deal as we pleased with the fort and its garrigon, and after endless firing and e good | deal of parleying a couple of barreis of petroieum and an bnglish garden wes playing here the part | of an tniornal engine, Were brodght over from the Gepot and set at Work, This was too much for the 10 men, Who had already fought jor thirty-six | hours without any provisions except a little bread. ‘The commander of the garrison, Sefor Montero, a lieutenant of the Hussars of Pavia, caine out with a white flag and surrendered the foris to Briga- dicr Qllo, upom the sole condition tnat the lives of his men should be spared, and while I am writing this the valiant defenders of Viana are marching under escort to Logrofio, while one of the | Lesieger's battalions is engaged in destroying the fortifications and taking possession of the vooty left, in the shape of rifles and ammunition, After so much victorious effort you must not ex- pect us to Hight soon again. We shall probably re- Sumo marching fora few days to come, s0 as to show ourselves in places Whivh have not yet seen us. This way things will go on until Don Carloe has grown tired of riding about and has set- tied la some more or less secure place 1ike Lecum- One atthe Lie jena allowed cue six uayeals L ct out for rotec' 0 bake par’ in more astive anarationg, Noe " of these men can only be increased by such an ex- | ¢ mountain four-pounders), it would be madness | 2 | Jauauschek did, and coubtiess his suocoss would villagd, were at once | of Mr. H. Pa terreraay ae a play a8 “Haunted Houses” can afford to wilted great many of them, But we are scarcely expected to admire the literary merit of the piece, and shall, therefore, feel obliged if the public will absolve us Irom that task at once. “Haunted Houses” is one of those dramas the best part about which ig their names and the melodramatic effects which ‘clever actors are capable of creating in them. They are not works of genius. They are not representatives of human nature, They are the beau ideal of the stage carpenter and the admiration ofstage machin- ists ana cheap sensation mongers, But les us give them ali the credit which is theirdue, Melo- dramas no worse than ‘Haunted Houses’ will always deserve to be brought out at respectable theaires when ho better plays will draw, aud when Waare y rast. amazed at the literary fecundity transactions. Mr. Harkins, Mr, Hardenburg and Mr. C, K. Fox transacted their duties respectively in roles which were not at variance with their natural capabilities. Mrs. C. M, Walcott made her first appearance at this house, acting the part of an interesting and affectionate orphan, who loves romantically and is made happy at the dénouement. Mra, Walcott is an importation irom Philadelphia, where she for some years held_a Jeading position at the Walnut Street Theatre. Her name was printed Miss Walcott on the bills, but we presume this is an error of the types. ‘To Mr. Manley was confided the character of Captain Banger, the drunken commander of the brig Ecipse. fe played a very repulsive and dis- gusting part cconscicnttously, and raised it to as much prominence as it could comfortably bear. The first act was rather tedious, With the second the interest, such agit is, begins to awaken, and the melodrammic effects, liberuiy alded by music and storm, loom into view. But it must always be borne in mind that such praise as we have be- ftowed is giveu to the play as toa piece of clever sensation joinery, and Lot as au Intellectual labor, Theatrical and Musical Notes, There is a growing desire to witness Mr. Beck- ett’s début at Wallack’s. One is anxious to see whether the scent of Minerva will hang round him still. brought out at the Gatté,m Paris, bas nine acts. | fhe plot and incidents are said, however, to pre- vent weariness among its auditors, M“Tue New Magdalen” still continues to be pro- Guced op Saturday nights at Booth’s Theatre. do not think that the title rdle is any improvement good as the Scriptural one of 1,800 years ago. prove the immortality of the soul to the settlers at S5ahead. His demonstrations will be en addt- tional settler, and, since his effects are melo- dramatic, mertion of him not illegitimateiy finds place here, On Monday evening and after Mra, Oates, at the Olympic Theatre, will show us how “Madame An- got’s Child” behaved. ‘The French been familiarized to the New York public during the past month, and it will be pleasant to pit the | English against it. A correspondent suggests that if Salvini were to | learn Lugiish he would make a fortune ip country. Very likely he wonld. Saivini could learn English, probably, with as muck rapidity as be proportionately great, Mr. Sothern deserves credit for appearlag in with enacting only one. ently to open be will offer himself in “Barwise's Hook?’ by Mr. A. 1, Craven, and “The Burram- pooter,” adayted by Messra, Madison Morton and A. W. Young from the French. 3 Mr. Laster Wallack began hfs aon at the Park Theatre, in Brooklyn, on Monday evening. The play performed was his own comedy of “Central Park.’ It is merely a string of farces, in every One Of Which Mr. Wallack appears. The situations give admira ble scope for Mr. Wallack’s peculiar style of acting. He exhibited all his old time ease, grace and natu which have already become traditional of his acting. His play was rendered very nicely by the members of the Park Theatre compeny, Which is a very evenly balanced organization. Messrs, Lanigan and Fisk, and Miss Freeman aa) Miss Mayhew were capecially Digasing in their aches Clary, Barnes ys. Starr, Haas, Van Aion vs. Punbly.—orde: THE COURTS. In Supreme Court, Chambers, yesterday, Judge Fancher rendered his opinions in cases argued be- fore him on applications for mandamuses by claimants against the city government to compel Comptrolier Green to pay claims for services, the severai bills for which had been duly presented, audited and confirmed by the Board of Super- visors. The Court in ail the cases but one granted the orders sought for, In the matter of the Broad- way widening Judge Fancher reviewed at some length the claims of the parties for compensation for services in that work and the grounds of oppo- sition thereto, conciuding with denying a manda- mus, but stating that the parties had their remedy in another form. The rulings of Judge Fancher in these cases are of considerable public importance. Judge Blatchford has refused to grant the peti- tion of Kenirick & Co., of Wall street, to throw the Union Trust Company into bankruptcy, on the ground that the checks of Kendrick & Co., which, it was alleged, the Trust Company refused to pay, were not commercial paper. BUSINESS IN THE OTHER COUATS. SUPREME COURT—CHAMBERS, of Theodore Thomas, All that there is Decision. of good in this music of the future is By Judge Fancher. brought out in strong relief in ajl its wealth | 1 Stone vs. Fitz t of rich or fantastic color and expression | ordered, Wat Pia cae OF ab coFungraens Wields the baton, contrasts of style boul shown in the selection from oPristan and Teolde,? la ey Whe Decisions. By Judge Cartis, Yan Volkenberg vs. Sunclair.—Motion that plain- vividly portrayed by the orchestra. The grandeur Ay Of tnought which inspires the «Lohengrin® vorspiel ee the new matter in defendant's and the blatant pomp of the “Kalser March” were it Smith vs. Talmadge.—Motion for appointment of a recelyer granted, The Smith Paper Company vs. The Raral New Yorker Company.—Order granted. Gueli vs. Guell.—Motion for reference granted, Mitchell vs, Gregory.—Order granted, Bernard ys. Levy.—Order granted, By Judge Van Vorst, Forster vs. Geider.—Motion denied, except as to sixth section of the answer, which is stricken out, | Haight ys. Moore.—Let tie mouey be paid {nto any one else in this eoyntry, was applauded to | Court, defendants to give security on the a: 1 the eclio by the yast assemblage e in $1,000, bs fenlehd i hus closed @ season of classical music of whieh COURT OF COMMON PLEASCHAMBERS. Decision, By Judge J. F. Daly, Kallman Harris vs. Rachael Uarris.—Divorce granted to the plaintim, MASINE COURT--SHAMBEAS, Decisions. By Judge Gross. Enhalm vs. Fowler.—Motion tor @ new trial on ground of newly discovered evidence granted. ee vs. Mather.—Motion granted. Order Stwhelberg vs. Funk,—Motion overruling de- Murrer as frivolous and for judgment granted, with $10 costs to plaintit. Farrell vs. King, Datly vs, Gwyer, Baker vs. Wall vs. Foley, Main ys, Ts granted, HARLEM POLICE COURT. Baby Farming on a Large Scale. A “baby farmer,’*named Ellen Roberts, residing at No, 212 East Thirty-eighth street, was arrested yesferday by Sergeant Phillips and taken in the afternoon before Justice Coulter on a charge of in- human treatment towards the little ones commit- ted to her care, many of whom—no less than thirty, it is alleged—having died of starvation, The hort]. ble and disgusting facts are set forth suystantially in the following statements, as they were sworn to at the Court and submitted to the consideration of the magistrate :— J. Selby West, No. 21 West Tairty-sixth street, testified that Mrs, Roberts nas kept for the last four montis, at No. 214 Best Thirty-eighth street, aplace forthe reception and keeping of infaut children; that he has been iniormed, and he be- “The Gascon,” a new drama, which has jast been | le | We | iiheant computed his whariage at two ceute per | to the statute of 1870; and bases his | upon the conventional Magdalen, and not near so | Mr, Foster, the medium, is going to Australta to | version has | this | new parts, when, like one or two less ambitious | and industrious artists, he might con(ent himself | During the season pres. | lieves his inforwation to be correct, that within those four months forty-three children were re- ceived by Mrs, Roberts, aud by her cruelly and in- wommgaatinet IEGLed, jut deine praVvided with wrarud the floor back of the premises named; that he, Captain Aliaire and Dr. Wooster, the police surgeon, visited Mrs, Roberts’ place on the 14th inst. and took from tnere a child thirteen months oid, which Dr, Wooster said, on eXamination, was dying from well and is likely to house, where it is now dola; Other women tes- become a atrong, healthy cniid. place, and a harrowing recital 1t appears to be al- together. COURT CALENDARS—THIS DAY. SupreME Court—Cuambers—Held by Judge Fan- cher.—Nos, 24, 25, 26, 27, 28, 95, 39, 40, 61, 69, 60, GL¥,, $4, 100, 100, 112, 114,'128, 18s, 139, 141, 143,'144, 161, , 1 169, 170, 171, 176. 173. ARINE CouURt—Part ‘Held by Juige Curtis.— Nos, 2788, 2782, 2 2780, 42, 2010, 2801, 181%, 1662, 2695, 2668, good actors and goed scenery atone, to some ex- | , 2889, 2890, 2878, 3127, 27103, Part 2—Ad- tent, for other deficiencies, These reparations journed to Friday, September 26, wi made, in a measure, Jast night. Mr. G. L. COURT OF GENERAL Spssio! Heid by Judge Fox appeared as Moss Morr!s, of Wapping, @ dealer | gutherland.—The People vs. Jeremiah Cardon, Jr., in old clothes and a double-dealer in certain dark | felonious assault and battery; Same vs. Ernest Mier, felonious assault and battery; Same vs. Mary Nelson, felonious assault and battery; Same vs. Margaret F. Talbot, grand larceny (receiving stolen goods) ; Same vs. George ©, Hicks, grand larceny (receiving stolen goods); Same vs. Barney Dem- | ing, grand larceny (receiving stolen goods) ; Same ys, James Quinn, grand larecny ; Same ys. Rosanna | Dowdell, grand larceny; Same vs, Heury Ciarke, grand larceny; Same vs. Max Baker, grand lar- © : Same vs. Tuomas Mackey, larceny from the person. BROOKLYN COURTS, UNITED STATES GISTRICT COURT. When Wharfage May be Charged—In- teresting to Shipping Merchants, Before Judge Benedict. An important decision touching the rights of whariage has just been rendered by Judge Bene- dict, H, D. Bookman and others brought action against the canal boat Ann Ryan, her tackle, &c., to recover double wharfage, which presents va- | rious questions as to the effect of the laws of the State of New York on the subject of whariage and the jurisdiction of the Admiralty to enforce a de- mand of this nature. ‘The Court holde that the general question as to the Admiralty jurisdiction over demands for | wharfage must be decided in the aifirmative in ac- | cordance with previous decisions, both of this Court and the Court of Appeals; and then procecus to ex. amine (he questions in this particular case, The ton accordin demand for double wharfage on the first section ereof. The defendant claims that his vessei nes within the exceptive clause of that uct, hich says that ‘all canal bouts navigating the anais, &c., shall pay the same as heretotore.” The Qourt says the evidence slows that at the time she | used the libeliant’s wharf she Was engaged in mak- ing voyages abont the barbor aud to New Jersey, | th | ana'as the exceptive clause spoken of was intended to favor canal navigation only, does Lot come within its purview. It | | was next contended that the statute re- | lied on Was uneonstitational because it was a tax on tounage. ‘This, the Court hoide, is not 80, be- chuse wharfage charges are not duties but con- | sideration for the use of private p 5 be regulated by law tor the sake of public though that does not change t the cuarge. im the absence of United States Inw on the subject the State statutes must be held not invaitd as | regulations of commerce. The last clause | provides that “any vessel leaving the wuarf w.th- out paying wharfage, if demanded, shall be liabie | to double rates,’’ and as the libeilant proved a de- | mand and departure of the boat without paying the single wharfage, this claim tor Couns wharf age is good, for the jurisdiction of the Admiralty to entorce a demand does not depend on its origin, but on its nature as derived from its relations to navigation. The right to his lien follows, as a inat- fer of course, Shere must be a decree for the | Ubellant, yi > COURT OF APPEALS, —+——_ | he Conviction of Charley Moore, the Emigrant Swindler, Reversed. In the Court of General Sessions, on the 2lat of March, 1874, Charles Moore was convicted of rob- hing an emigrant, named Anton Kornack, of $1,300, by means of what is called the “belt game,” and was seutenced, by Recorder Hackett, to the State Prison, lor five years, ralness in playing, and ie developed even an in- A writ of error was then allowed, on the points creased readiness to make points mm the | raised by bis counsel, Mr. W. F, Howe, durin, lay oO} te and continuing | Mvore’s crial, and the case carried to tne Court 0! PO ee eters or Mn Wallack ahowen | Abpeuls. Where the service: of ex-Mayor A. Oakey interest. Throughout, Mr. Wallack showed | i4)) were called into requisition, and that eminent that sprightliness of speech and action | jawyer contended, ina very able argument, that the conviction should be reversed, basing his views on the ground of the illegal admissibtlity of evidence on collateral matter, Mr. Hail impressed the Court of Appeals so favorably with his legal interpretation of the error committed by the Court below that a decision was rendered in his favor and the conviction get aside. ‘This will have the eifect of bringing Moore from starvation and neglect, aud sent it to the Alus- | tified to the cruelty practised upon children at tnis | NEW YORK HERALD, WEDNESDAY, SEPTEMBER 24, 1873.—TRIPLE SHEET. the State Priso. being all forei: ae charge will follow and the witnesses agatnst hit nd out of the country, ais dle & matter of course. Decisions. ALBANY, Sept. 23, 1873, ‘The following decisions were rendered in the Court of Appeals to-day, Judgments referred, with Munn; Schuchardt vs. The Mayor an ne NGS York; DeGrauw vs, Elmore; Hubbell vs, Moulson + Johnson vs. Elwood; Bullard ys, Pearsall; Homan ys. Earl; Sands vs.’Hughes; Sands vs, Johnsons Gray vs, Fisk; Gray vs. Fisk; Lodwick vs, McKim! Burke vs. Isham; Gibbs vs. Ross: Milluer vs. The New York and New Haven Ralitoad; Spellington vs. Howland; Teft vs. Horton; Anderson vs, van Tassel; Wilbur vs. Wilbur; Kemp vs, Haicomh: Bowman vs. The First Natlonal bank of Eluita: Beemer vs, The First National Bank of Elmira: Coleman vs, The First National Kank of Elmira: Bohm va. Goldstein; Hayden vs, Demets; barber ys. Coleman; Harland ys. Lillienthal, Orders affirmed, with coste—Taggert vs, Murray ; in relation to vacating an assessment, the peuple ex rel. Day vs. Bergen; Demets vs, Bogron. Judgment reversed and new trial granted— Moore vs. The People. Judgments reversed, new trials granted, costs to sblde event—Baker vs Drake, Perry vs. Chester, Schwinger vs, Hickox, Robert vs. Pros- ser, Cooke vs. Davis, Harper vs. Fairley, Leggett vs. The Mutual Lite Insurance Company of New York, Frecking vs, Rolland, Pulmon ys. Alley. Motion denied with costs.—Willdinuings vs, Fowler, ing the Commission of Appeais— Transferred: Stearns vs. Cook, Order of General Term afirmed and judgment absolute for plaintiu? with costs—Despara vs. Churchill, Harlow vs. Foster. Order of General Term Parting a new trial amirmed and judgment absolute for defendants Tees people, &c., v8. The Mayor, &e., of Judgment reversed and judgment for defendant on demurrer, with cost—Brevoort vs. Grace, Judgment of Supreme Court affirmed and pro- ceedings remitted without costs for either party us against the other—Rogers vs, Rogers. Order of General Term granting new trial ro- versed and judgment for plaintiffs On the veridict With costs--Simar vs, Canady. Order reversed and proceedings remitted for re- hearing at the Special Term of the supreme Court, With costs to be ae Of the fund in re Sehell & Co, Order reversed as to William Horton Mills and terms of order to by Justice Church and Order settled on notice by Chief udge Ailen—Howell vs. Mills, (ay new trial reversed and judgment | of repor' of referer. motined by deducting the un- | paid Premiums of 1362, 1863 and 1884 aud Interest, | nd as modified, afirmed, with éosts—Martine vs, the International Life Assurange Society, of Lon- Judgment of the Supreme Court and decree of | he Surrogate reversed, and proccedt a remitted 0 the Supreme Court, with directions that issues be framed as fequired by statute and tried by a jury as to the due execution and genuineness of the paper propounded as a will—Howland vs, Taylor. Judgment of the Supreme Court modified in con- formity with the opinion of Judge Andrews, and us modified affirmed, with costs of all | ghee to by paid from the estate; judgment to be settled by | judge Andrews on notice—Vernon vs, Vernon. Order of General Term aiirmed, with costs to the respondent ana judgment for plaintuf for $61 94— | Briggs vs. The North British and Mercantile [n- | surance Company, order reversed and motion | granted, with costs—Mitchell vs, Smith, Judgment of General Term reversed and judg- ment Of Special Term affirmed, with costs. Robin- SOD VS, Pessaut, Calendar for To-morrow. Y, Sept. 23, day ¢ 3, 4, 6, 8, 9, ALUANY, Sep The following 18 the Court of Appeals dar jor September 24,—Nos. 1, 2, COMMISSION OF APPEALS CALENDAR. i ALBANY, Sept. 23, 1873, The following is the Commission of Appeals calendar for Wednesday, pe th—Now. 177, 181, 143, 166, 182, 153, 168, 147. YACHTING. _— The Owner of the Enchantress Lockivg | for the Cape May Chalienge Cup—The Dreadnaught Called Out—Mr. Loubat | Willing to Sail Any Yacht of an Ore | ganized Club Across the Atiantt | Unton CLUB, New York, Sept. 22, 1873, Captain STOCKWELL, Yacht Dreadnought, New York Yacht Glubj— \ Dear Sin—I hereby ehatlenge your yacht Dread- | naught to sail my yacht Enchantress, on Tuesday, the 14th day of October next, at twelve M., for me Gane Max.Cvels the New York Yacit Club. Course | from Sandy Hook Lightship to Five Fathom Light ship (Cape May) and return. Should you desire an extension of time please name any day to suit your own convenience up to the Ist of November next, although, according to the tenure by which you hold satd challenge cup, ‘ou are obliged tu race auy challenger during the Yactng Lenacn {nat is, fvotn the third Thursday tn | June to the third Thursday in October in cach year, | ona fifteen days’ notice, or forfeit the cup to the challenger, \ ward | playing “second fl 3 PROSPECT PARK FAIR GROUNDS, + First Day ot the Autumn Meeting. A GOOD DAY’S SPORT. THE FAVORITES BEATEN. Hopeful the Winner of the Threo-Minute Purse and Lulu of the 2:24 Race. ‘The frst day of the autumnal trotting meeting of the Prospect Park Fair Grounds Association showed & fair attendance and augured well for the coming days of the meeting. ‘the equinox ts on ua, and to induce ladies of fashion to ride Yesterday afternoon towards tle sca was asking too much. The “dear creatures” would like to accommodate, but to take a chance with the odds against them was too much, The drives to tho track they udmired, ag they are second to none in the world. The glimpses of the ocean that may be caught from the balconies of the clab house at every poiat lend an interest to the landscape. The Bosphorus canuot boast of a prettier view than that which meets the view from Prospect Hill, Take it in the blaze of the noonday suo, and it is bewildering in ite variety of detail. Look atit when the shades of evening have enveloped ocean, rivers and cities, and it assumes the most fantastic shapes, with a countless array of lights, rivalling the starry frmar ment above. $ ‘The only drawback to the success of Prospect” Park Fair Grounds 1s tho insufictency of the meang of getting there from New York and Brooklyn. The Coney Island cars cannot be considered ag fn agreeable means of locomotion, and the - profanun vnigus ig thereby deterred from don, and the Empire Insurance Gompauy, attending. Could @ special train, with locome Appeal disinis i without costs to either party | live, be run to the course, the attendance in this court—Mills va. Davis, might be counted by the thousands, Bat hetoriously slow cars, which do not run all the way to the grounds, and primitive vehicles connected with them, prove serious dampers to the ardor of the mass of turfites, The general public must be relied on in all undertakings of this kind as the Main support, a3 fashion, aristocracy and livery coustitute but a small proportion ofthe attendance ata trotting meeting at Prospect Park, Enough of this. The trotting yesterday was exciting toa degreé, The favorites Were beaten in both races. The paticnt industry with which some of the Natives of the outiying cabbage ana corn flelds cons trived to witness the trot without purchasing @ ticket was amazing. At one part of the fence sure rounding the grounds was a party of three that formed themselves into a sort of human pyramid 4 ta Hanlon Brothers, and attained in turn an alth tude sumMcient to look over the wooden enclosure. ‘The antediluvian horse and his primitive wagom were on hand to convey visitors Irom the cars to the course, and they were much patronized by the “rich gentlemen Who carry sandwiches tn their hats. Two trots were on the programme, the firaé being for horses that had never beaten three min- utes, mile heats, best three in five, in harness. Thirteen horses were eutered for this race, but two “pegged out.” The starters were W. Barnard’s uray gelding Hopetul, John Murphy’s bay ach Everett Ray, Ben Mace's bay mare Nettie Walten, Peter Munee’s sorrel gelding I Guess So, T. 5. Car penter’s chestnut mare Lizzic Keeler, A. Patter- son's bay gelding Frank Klock, John s Baker’s bay inare Gulnare, John Splan’s brown clding Cheston, A. J. Feek’s chesinut Adin; ‘one, G. Wright’s brown gelding Phil 0’Nea! Ji., and J. Chandler's bay golsling Trustee, Everett Kay was the lavorite against the feld. he sho have been so we could not understand, ex~ aha he wasa son of the famous stallion, Ed- 1 Everett, and a half brother of iy ae trot- horse, Judge Fullerton. Everett Ray is but ting nal? aennnee tre a ani ito” backed “Mua” ab MHBPUE AY? Les Oley Ale | and lost their money will console them~ Cea tDas Beate bed trotted a better race than they expected. beaten in this race by Hopeful, ‘& horse that haa beep i dale” for years, content; with taking gecoud and third premiums, without ma! arecord. The season of %873 1s nearly ry 1, ana had to come to the fror,¢ for the first tide, makin, a second heat in 2:7, and now, probably, he wi find a ee of speed. Yanks will sell, ye know. fiopefu dnd Everett Ray were the orilp | selves with the | horses in the race. The others were “no whars,' ag a ‘Southern” remarked, The second trot was a greater disaster than the shall, therefore, hold you to such race, and if | , sted , you do Hovaccept tis chailenge shalt go over the | {Jotgolng.” | Bho favorites in the race were beaten | Course on Tuesday, the 4th of October next, starting re bes x eroth WEL-eu ies Te Pes [dite | from Sandy Hook Lightship at 12 M. and claim said Awash: portid ie. the: wards inane Wane ig rg challenge cup, asl recognize no right in a holder | Green's bay Lut of @ challenge cup to refuse a chailenge on any | plea whasoever. ‘As to the ocean race from Sanday Hook Lightship to Cowes (Isle of Wight), of which you spoke yes- torday, L can but repeat that 1 am not willing to | stake such @ large sum as $26,0000n a race, but | that, should it be agreeable to you or any member | of any organized yacht club in the United States to | challenge my yacht, Enchantress, for a race across | the Atlantic—entranee $5,090 or less, play or pay— | | to be sailed from Sandy Hook Lightship at twelve M. | | on any day which may suit your or their conve- | nience from the sth till the 16th of November next, | | Twill be most happy to accept any such chalieuge or cha. ses. 1 sh 4d require notice thereof, however, before the Ist day of October next. Tsend copy of this letter to Mr. Charles A. Min- } ton, Secretary UF oba coe anit Coie to be iaced by him on file, and rematn yours truly, fe i 4.’F, LOUBAT. Yachting Notes. The yacht Vision, N.Y.Y.C., Mr. Alexander, from Back Kock for New York, passed Whitestone yes- les N. Ferguson’s white gelding Crown Prince, . Carpenter's sorrel Inare Susie, W. B. Siith’s black stallion Thomag Jefferson, aud J. J. Bowen's gray gelding Ben Flagler. Crown Prince and Susie were favorites alternately before the trotting began: but after. | wards Lulu and Crown Prince had all the k money posted on them. Lulu won the race, an her driver made his mark on thisoccasion. Charlie; Green mnat now take a front rank as a driver, an the old gentleman whom he has suppianted is not in the least humiliated. He will have to yield ta the old flat, “Youth mast be served.” A vagabond, Whos well known to tho trotting world, endeavored to insult a gentleman Ebb lay in the timin; stand, but, much to the chagrin of the offender, thi gentleman did not know what he was talking about. ‘The following are the summaries of the trotting e OF — pCt PARK La erst iienpe alae | Hi Fong Fall Trotting Meeting, September 23.--Purs: LJ Far ores that havewuever, beaton. ihree minutes; $500 to the first, 250 to the second, $150 to the third, and $100 to the fourth horse ; mile heats, best three in five, in harness. they were informed that the ship's commander, thinking the race would not come of, lad sent her away ou other service. The referee bad then to | x ENTRIES, - ae feb W. Barnard's gg. Hopetu-- 1134 THE BROWN-BIGLIN RACE. 2 Bt ae 22 Ae peter Mance’s | ness SO . : t Failure to Start the Boate=Disgraceful | 2 yattononin bg. Frank Kiosks. [648 Mismanagement, | rs . m. Lizals Ke ’ Se ¢ A strong breeze from the south rendered the | G’ Wright's br. g. Phil O'Neal, Jr. : ats, water altogether too rough for the Brown-Biglin | J. Clandier’s b. g. Trustee. one «. dig, | race this morning, aud the referee, Sherif Harding, | J; L. Dory's br. &. ye . ar postponed it until five o'clock this afternoon, ‘the | © & Green's b. &: Lite too, : a turning buoys, & mile and a-hal! up the course, dead | Quarter. Hay. Mile, to leeward, became displaced by the wind, and it | dd i 184g Lilie 2:30 | Was arranged that the steam launch of the Royai | Phird heat... we Le A | Allred, which had been placed at the referce’s dis- | Same Day.—Purse $2,000, for horses that ave 1 sal, should leave the dockyard at three P.M. and | Rever beaten 2:24; $1,000 to the frst, $500 to th Seige teal y M. and | fccond, $300 to the third and $200 to tne tource readjust them. | horse; mile hoats, Lest three tn dive, in harness, When the referee and committee went | ENTRIES, to board the launch at three o'clock, | © 8. Green's b. m. Lulu . N. Ferguson's w. ¢. Crown Prince . | T. 8, Carpenter's 8, mi. Susie........ . W. B. Smith's bik. 8. Thomas Jefferson, .. J. J, Bowen's g. g. Ben Plagie mown drive ‘our miles, and it was about Jour o'ciek | ‘Sarier when Mr. Pryor Brown's pringipal backer was | pirat oat 6% found. Ag he nad charge of placing the buoys he | Second heat... “are went with Barney Biglin to the turaing point to | Third heat... a | pk thein right, and whic he was gone another | pouty hea 364 | steam r Was vay for the jude oat in piace ier bt bats se of the inan-of-wat launch, The contestants were STOGRSS OP THE Antacr seat for, A few miutites before five the ianneh SUOORSS OF THE CRISPINS, steamed up; the referee then proceeded in her to Le spar tng Ba and although Biglio sent word that ho wal feady to appear at any time he did | hot appear, Brown being also unaccountably ab- | sent until a jew mjautes before six, when he row } out Lo the starting point, us evening twilight was coming on and it Was too late to send the race of, Indeed, when he came the referee had volt, after | annonnclug the further postuon¢ ment of the rage. | The people are justiy excited and Indiguant over the paipabig binpdeying and mjsmanageiiiént that | havé delayed fhe contest, Phe Water was smooth, | and had there been the organization for manage: | ment of the details which ordinary experience | and should have suggested the result would have already been known. Brown’s friends | are certainly to biame and they do not deny | it. Sherif Harding said, “en _ postponing | the race, tuat it was not probable he would act as | referee to-morrow. A mecting is to be held at the HailfaxHotel to decide the hour for which the race will be put down. There was @ great deal of drunk. enness and fighting on shore all the afternoon, ihe scenes being very disgraceful and equalled only by those at the lave St. John regatta. One man Was badly beaten and jumped upon, 80 that he had to be driven to the city to adogtor's, and a train had to be hagled up to stop @ fight in the ears, At the meeting to-night it was decided that the race would take place at eight o'clock to-morrow morn- ing. Two to one, and sometiines more, are still offered on Brown in pool selling. A MURDERER RANGED IN ARIZONA SAN FRANCISCO, Cal., Sept. 23, 1879. On the 12th of September the Apacies Killed a Man named William Sampson, at Pinal Creek, Ari- gona, Sheri Tyner, from Yuma, captured Manuel them took the prisoner irom him, ‘ The Strike at an End. The strike of the workmen engaged in the manu facture of boots and sioes in the downtown fac tories, which commenced on Monday, nas almost ended iu favor of the men, Barly yesterday Morning the strikers turned out, divided them Selves into vigilance committees and watched the entrances to the factories to keep away any patties who were looking for work. In the afternoon Mr. Join Masterson, with the Executive Committee, called on the em- ployers and asked them what they peinimtjar ner: cot or work at starvin wagens nd ti nt ny wtited to resume busin: it Would be to tueir benefit to accede right away end return to the prices which they agreed to pay & year ago. ; \ "4 era asked for an honr’s time to con sider ee aaier and it Waa allotted to thea, At the expiration of this me the com: | {nittee callea on Messrs, Baumeister & Pfeiffer, | 74 Warren street, and that firm told them that all | the employers they had met were ready to accede, adding that the reason they had cut the wen dow! | in the spring aud summer months was owing ta | the duiness of trade, ‘They then handed the com- juittee the following list of employers, who regu larly engage about 140 hands, as having ac ceded :—Messrs, Baumeister & Pfeifer, ‘arrem street; Messrs, Dowling & Cox, Warren street y liege piuce; Martin, Chambers str Regan, College pi 4 z ns remainder of Lowery, Chureh street, and joonan, sereet, ‘It is belleved that tho firms, about six in number, will aecede to-day. on meeting will be held this evening, under the ai ices oF the Central Council of the Manhattan dig derers of Lumley White, rict, to hear reports from the other shops ant te arg arse oe Tale MARES | AEM? Pathe the earn fe i county a Sho prisoner trom the Sherid amd hanged | expected that 150 of the men on gtrike will retary to work thia morning,