The New York Herald Newspaper, October 26, 1873, Page 7

‘THE JUNIATA. “ Return of the Brave Searchers for the Polaris, A Duty Faithfully and Fear- lessly Performed. ' Interesting Narrative of | the Search. “~*~ Among the Ieebergs and the Thousand Terrors of the Arctic Region. The Welcome Order To Return Home. UNITED STATES SLOOP-OF-WAR paaehy OFF STATEN ISLAND, Oct. 25, 1873, The United States sloop-of-war Juniata, Com- mander Braine, arrived here this morning from Greenland, via St. John, N. F., after a splendid passage of six days, Her cruise to the Arctic regions in search of the missing crew of the il-starred exploring steamer Polaris, concerning ‘whom so much anxiety was, for various reasons, ‘universally displayed, has been a remarkable one, Whatever may be said of the policy or prudence of Gespatching such a vessel on so perilous a mission as that allotted to the Juniata, certain is it that her task has been performed faithfully and fear- lessly and in @ manner well calculated to reflect credit on the naval service of the country. ‘True, the major part of the actual search devolved upon the steamer Tigress, just as would her share of the honor have been greater had her efforts been crowned with success. Yet in recalling the events of the past four months—months that seemed as many years—I fail to remember an instance in connection with the expedition to which both the officers and men of this vessel may not justly look back with feelings of self-satisfac- tion and pride. Imbued, in the first place, witha true sense of the important duty assigned to them, to say nothing of the sterling motives of humanity which prompted all hands from the commander down, the rescue of the suffering people was strug- gied for with that commendable spirit of ambition which ever stimulates the noble-minded ina worthy (g048¢ and seeks }ts reward in the approbation of thelt fellow beings. THE SEARCH. With all the elements of success save one—the vessel herself—there is little doubt the Juniata would have accomplished much more had she not been emphatically restricted by stringent orders trom venturing beyond her limted capacity for en- countering ice. Once hemmed in, her fate was sealed forever. The Juniata was never fit to cope with the terrors of the Arctic seas, and Miserable they Who, here entangled in the gathering ice, Take their last look of the descending san; While, full of death and flerce with tentold frost, ‘The long, long night incumbent o'er their heads Falls horrible. Despite the cautious mandates which circum- scribed her efforts, her record is something that may well elicit admiration from those who can appreciate the dangers through which she has passed. The fact that Buddington’s party were rescued through the instrumentality of a Scottish whaler will scarcely lessen the credit which at- taches to the officers and men of the Juniata for their enthusiastic and well directed exertions in the undertaking; and, while there is reason to re- joice at the timely escape of the people from the jaws of death, the propriety of sending the little steam launch to Cape York, however hazardous the experiment, can now be better understood, since it was in that vicinity the survivors were descried and picked up, fully six weeks before the tiny craft sighted the memorabie spot. Now.that the details of the rescue are spread broadcast to the world it is not diMcult to speculate what might have been done; but it should not be forgotten that, though the most minute inquiries were made by the Juniata along the coast of Greenland, and the camp off Littleton was subsequently discovered by the Tigress, nothing definite was known of the whereabouts of the party until the 18th ult, when the joyful news of their safety was flashed across the wires. Under all the circumstances there is room for congratulation, first, that the painful suspense is at an end, and, in the next place, that nothing was left undone to carry out the voblé object in view. ORUISE OF THE JUNIATA, So familiar are the public with the details of the’ famous cruise of this vessel, as well as with that of the Tigress, that it seems superfluous to recapit- ulate the novel incidents with which it was re- plete. It is, Moreover, a satisfaction to think that the Navy Department has acquitted itself with credit from the beginning. The strong Sppeal of the community to hasten forward to the rescue of the missing party, when Tyson’s story of the ice first startled the world, was not made in vain. The Juniata was the most available vessel at the moment, and, without waiting to inquire’ much into her capabilities for ice navigation, she was promptly despatched on the 23d of June, a8 the precursor of the relief which ‘was to follow. We next see her steaming from St. John, N. F., and battling bravely with all the elements most likely to discourage the most resolute mariner, Buoyed up, however, with hopes of final triumph, she drives through the thickening fog and rides the gale—and that of the 12th of July inst is still remembered by those on board—as if conscious of her noble mission. And now, ap- proaching the southern coast of Greenland— & des- Olating waste, but little known except by the pions strain so familiar to the schoolboy—the Juniata works her lonely way through drifting ice, At length she stands off Fiskernaes and vainly firesa gun, by way of signal, for no answer comes, and, impatient of delay, she is headed north, On every hand appear new forms of danger. Ihave previously narrated how once, amid the densest fog the mind can conjure up, the faithful watch aloft startled us with the cry of “Iceberg ahead!” followed in a twinkling with “Breakers close aboard!” How, in the try- ing moment, a want of judgment meant total loss, and that, just in time, the vessel shot right be- tween THE DEATH TRAPS with not ten feet to spare ; how, in tne tecth of the fiercest gale yet encountered, the Juniata, a be- lated stranger in this land of desolation, snugly anchored in a safe retreat adjacent to the [rown- img peak of Sukkertoppen, and finally made the harbor that bears that name. Unabie to procure dogs and skins for fature use at this forlorn port— though the place is not without its pleasant memo- ries—the Juniata next heads for Holsteinborg, where the genial Governor proves liberal to a fault, No time is lost tn stowing the voracious hounds, ‘whose hideous howls grate upon the ear like & warniny Oo! dire disaster, and away speeds the ves- sel for Visco Island. I pass in hasty review the manifold dangers that momentarily beset the ship; TER HAIP-BREADTH ESCAPES, the weird and dismal sarroundings, the gloomy Brospects, the paiurul suspense, rendered more stressing by the sad, though sometimes hopeful, speculations as to the whereabouts of the missing crew; yet the cheery patience, unceasing vigilance and enthusiasm that prevatied mthe tace obstacle could not but make a deep and phot y impression on tne mind of the si ‘unaceng- vomed to such varied scenes, The cheers of the uimaux still rung merrily in our ears the rock-bound harbor, Juniata, coal to the very rail, pointed to the jen wi north, And now the icevergs | a tn grand like alabaster mountains, presenting a pano- ger and more picturesque the im of the opiam eater's revery, and basking deflantly in the rays of the summer sun, Bolder and more startling becomes the grim and rugged coast; more cheerless and less elterin, than the broad Sabara, and When at length the Juniata drops an. chor in the jonel harbor of Godhayn, & feeling something akin to dread prevatls. No news ol the Polaris has reached the desolate plac but the story of dissension on board the ill-fate erait before she lett is still afloat, There at the base of a rocky gorge stands the depot of supplies, still locked and barred. Nota son! has entered its NEW YORK HERALD, SUNDAY, OCTOBER 26, 1873—QUADRUPLE SHEET. since Hall himself naa gone away. But now tne men work cheerily, coal and other wants for the coming vessel, upon which the hopes of the expedition were more directly centred. . No duty 1s too onerous, no hazard too great to hasten the relief, and quickly ta! leave of Disco the Junciata steams onward. ck, daylight and the benificent band of Providence worked wonders, Again and sgain was the ship assailed at every turn. How many times I know not, neither will I pause to think, the voice of the veteran pilot warned us of impending peril. Itseems MORE LIKE A DREAM at this late stage than the stern reality it then as- sumed, Well may all remember one night while the ship was plunging on when the ominous but familiar ery of “Hard a’port” brought every soa on deck. far leas time than pen could make it understo the ship was stopped and backed; her jibboom had almost touched @ precipice. Worse than dungeon darkness was the fog, wrisd like a blind man in a foreign town, the vesgel fr! el her way, The atgempt was vain, wat idehs cl fg at ai eee a ik feelings of alarm, when, alter many wear! hours of waiting the fog at length cleared uy the gladsome sunlight disclosed the shi ine oned in a@ horseshoe form of towe’ rags, the only inlet being thag through which the Juniata pameed and to éntér which in the best of weather a feat in navigation, all was unbounded. ‘Ihis marked the cruise to U) vik. But Ineed not dilate on that which eady 80 well known. Often have I heard the casual observation, “You may go to sea for twenty years and not pass through anything like that again.” I believe it. Then came the bright antictpation that at leastsome TIDINGS OF THE PEOPLE had reached this place, but the disappointment oniy served to stimulate the commander to re newed exertion. The Juniats had now reached a point higher than any vessel oi her dimensions had ever touched before. She had ventured much, but the object was deemed well worth the risk. To pro- ceed Iurther woulda involve ‘the crew in deadly pat An expedient was at hand. She little steam launch—an open boat—which had been expressly fitted at St. Johns for ice navigation—was now prone into play. Her famous trip to Cape York was by far the most daring and bri)iant feat of the whole expedition, Bold in conception and mas- terly in its execution, the plan was such as few would have attempted to carry out, But the case Was urgent, and the call for volunteers was an- swered with a will. It ts unnecessary to reiterate the unprecedented struggle of the little craft through the iast-gathering ice; how, even when the fuel was more than half expended, the gallant commander determined to push ahead, in the peng J teeth of a furious tempest; how, beaten back again and again, his cry was still “Onward |” how, entering what is known in Arctic parlance as a “ialse lead,” the launch was held as if in an iron vice, ana not until she had butted eral. the solid ice with might and main was she at length set free, gay to encounter the steadfast and impassable barrier that finally foiled all turther efforts to progress. Cali the ex- Formeny foolhardy if you will, no more substan- ial proof of the unanimous feeling that prevalled— @ feeling to risk life and limb in the rescue o! the missing people—and the heroism of Lieutenant DeLong and his brave associates must ever remain a sterling tribute of self-sacrifice and devotion in the noble canse so cheerfully undertaken, And now comes in view the steamer Tigress, her oficers and crew buoyant with hope and sanguine of suc- cess. She has coaied at Disco, and, once again supplied by the Juniata, starts on her mission amid three ringing cheers from her saithful con- sort. The commendable spirit of rivairy go joy- ously and openly displayed did not brook delay, and, with use! hints from the combiander of the launch, whom he en- countered on the way, the Tigress reached Littleton island In less than eighty hours— A REMARKABLE RUN in the Arctic sea. A boat was prom pe lowered and Lieutenant Commander White with others proceeded to the mainland and discovered the camp as previously described, Mutilated manu- script and broken instruments met the searchers’ eyes at every turn, The belated Esquimaux nar- rate as best they can the circumstances under which the party left their winter —" in boats, constructed from the wrecked ‘olaris, and point out the spot where the hull went down. From some of the torn books and papers pertane something may yet be brought to ight that will clear up part of the mystery that yet remains unsolved. Commander Greer and his enterprising executive cfficer claim to possess some evidence, secured from the confused dislo- cated heap of tattered documents, which ma; prove important in case the government deem 1 prudent to institute an Investigation. For the present they are withheld from the public, until laced in the hands of the Secretary of the Navy. eauwhile the Juntata receives a visitor in the person of Mr. H. Krarup Smith, the Royal Inspec- tor of Greenland, a gentleman who is thoroughly acquainted with the troubles on board the Polaris prior to her departure from Godhavn unfolded the REnayey tale with which the world is now Jamiliar, the astonishment of d similar incidents THE STAY AT UPERNAVIEK had its miseries it was not without its rays of sun- shine—though few and far between—for many an eider duck contributed to the comiort of the mess, and many a bulbous Sypy tripped gracefully in the long summer night to the orginal strains of a two stringed fiddle. a a@ bowl of steaming Danish followed in the gleeful wake of its long forgotten fa hace for the sterling hospitality of old vernor Rudolph was written in unmistakable lines on every jocund wrinkle of his benevolent face. Weli do Iremember the night that Mr. and Mrs. Hans and family, if you please, were put ashore and returned intact to their native home, arrayed in civilized apparel. and that, too, en- hanced by a good plethor! ic purse ; for, be it known, six hundred golden dollars in’ tnis lonely and ragged patch of the umiverse—the pay of Hans for two years’ service—is a fortune which the most enchanting dream of the Esquimaux could vever conjure up. How odd they looked among their quondam neighbors, who keenly scrutinized the new arrivals, talked at them, but scarcely deigned to look them in the face. It was midnight on the 14th of August last—the san had barely sunk below the horizon—when the Juniata took her leave. From the three little rusty cannon fronting THE HUMBLE GUBERNATORIAL HOUSE came forth the last salute. It was a feeble sound, but none the Jess welcome than ‘if a battery had opened fire todous honor. Right royally was it answered, and ere many minutes the ores icebergs shut out the view. Handsome is thai handsome does, runs the good old saying, and verily had it ample illustration even in the wilds of Greenland. It the Juniata’s company smiled now and then at the little 1oibles of the Esquimaux, wondered at their bulbousness and bargained for their skins, they always bore in mind thai a fickle dame called Fortune had never crossed their path, and that fate, stern and unrelenting, had stampe the land with the meffaceable tootprint of desola- tion, And so gentleness and gencrosity went far to make stanch friends of a people bereft of almost every element that tends to make life pleasant. So much for an explanation of the hearty cheers of the picturesque crowd that gathered on the rocky eminence at Godhavn to greet the return of the ship where she was to remain until the arrival of the Tigress. And now the fleeting summer began to wane, and the long, cold nights, which soon succeeded, warned us of the rapid approach of the dreary winter, With the exception of the inspec- torate, Where so much genial hospitality was dis- penned Godhavn was destitute of almost every- hing that appertained to civilization, ‘THE SURROUNDINGS were well calculated to breed disease. Consump- tion stared boldly in many @ youthiul face; and little wonder, since they never hesitate to rush when ocozsion calls them from their pestilential huts, heated almost beyond endurance, into the Leo 4 cold without, heedlessly and unprotected. et the kind and efficient service, so willingly rendered by Surgeon T. C. Walton, of the Juniat contributed much to alleviate their suferings, an altogether the Esquimaux had reason to remem- ber with grativude the advent of this vessel to their rock-bound harbor. Meanwhile discipline was strictly, though mildly, eniorced, and the ever neat and trim Seder ar of the man-ol-war showed that the hands of the executive officer, Lieutenant Commander Merriman, were not idie. Various expeditions were organized; one to Egedesminde, and another to Ritten- benk, in charge of Ensign Keeler. The latter, with @ party from the ship and a dozen hired Esquimaux, men and women, whose services Governor toyer kindly secured, proceeded up the Waigat, through which runs a rich vein of coal. Tents were erected near the beach and operations commenced without delay, 80 that in a short time @ large supply would have been obtained had not baat cad orders to return to the ship arrived, the absence of the coaling party the Tigress had Teached Godhavn, with news of the discovery of the Polaris els On the same day (the 25th of August) she sailed to the southward and west- ward to continue the search. THE MISSION OF THE JUNIATA was now completed, and on a bright Sunday morn- ing in the beginning of September she bade tare- Well to Greenland. ie is long since known. A sharp lookout was kept down Davis’ Strait, but little did we think that the peopje for whom we sought so earnestly were safe and snug on board a whaling steamer. If ever an instance of naval discipline, as showing prompt obedience to orders, however harrassing or disagreeable, were thor- cay exemplified it was at the time when the Juntata was about to return to New York, Tne mandate went forth to renew the search, and the order was the more surprising as the vessel was entirely unfitted for the task. But nota murmur ‘was heard, and having taken coal on board and. in fact, prepared for an extra cruise, the Juniata once more headed to the north. How and under whas circumstances Consul Molloy overhauled us at midnight, in the swift little steamer Cabot, with the joyful news of the rescue, 1 have already de- tailed. Then followed the lengthened stay at St. Jonns, whose hospitable people lost no opportu. nity of showing their appreciation of the Arctio voyagers. Nearly a month elapsed before the steamer Tigress was signalled from the north, and her arrival wae hatled with much satisiaction. She had left Niankik Harbor for Ivicktout, and thence, after cruising in the strait In search of home boun whalers, hed proceeded to St. Johns, learning the cheering news that Buddington’s party was sate only when boarded by the pilot. There being nothing further to detain the Juniata the welcome order, “All hands up anchor for home,” was re- sponded to with a will, and on Sunday morning last she steamed for New York. It was a glorious day, bright and fair, with all the happy omens of a pleasant yage. Hitherto not a single accident ad occurred uring the long and perilous cruise O1 the vessel to cast the faintest gloom on board, IN THE TROUGH OF A HRAVY SEA the ship rotied heavily as the pilot took his leave. Weather beaten portal Jor two long yearé—not.! Just then » mourniul event took place thatauickly checked the joyous sentiment that prevailed, The ship gave a terrible lurch, and, while descending the ladder Boclng to the berth deck, a brave sea- man, Thomas F. Smith, fell headlong to the bottom and fractured his skull, Nothing was left undone to aid in his recovery, for despite the most assidu- ous efforts of the surgeon the poor fellow remained unconscious until death relieved him from his suf- ferings. He was @ native of Boston and much en- deared to his messmates, I shall never forget the solemn call of the boatswain’s mates, “All hands, bury the dead.” Everything was still The monotonous motion of the engines ceased, Then followed the long and impressive service read by Commander Braine, and, wrapt in the sailor’s Shroud, the body was gently lowered into the sea amid @ funeral salute, A plunge and a splash, and our task was o’er; The billows rolted as they rolled betores And many a rude prayer hallowed the wave As it rolled above his ocean grave, And so the search expeaifion is at an end. Con- ceived in tJ 17 Apt) on the of the govern. ent, it air led out. by iis officers as far as rateable ‘Under all the circumstances it must ¢ Ité piace among the most memorable cruises in the Arctic seas, COMMANDER BRAINE, whose ability, judgment and sound discrimina- tion have been throughout so Poeouanty eres, brings home the result of the life-long labors of Captain Hall in connection with the search for the remains of Sir John Franklin. he sealed docu- ments were entrusted to him for safe deitvery at the proper guaties by the Royal Inspector of Greenland, with whom the great explorer de- posited them before leaving Disco in 1871. They will, doubtless, prove of the highest interest and importance, and their contents will be awaited With anxicty, To the officers and men of the Juniata the pvblic are indebted for the patience, self-sacrifice and bravery they have displayed in ihe Ae ve @ mystery at one time deemed un- Jathol LIST OF THE OFFICERS, Pit following 1s a list of the officers of the Juni- Commander—Baniel L. Braine, United States “Navy, commanding. ZAculenas . nt Commander — Edgar C. Merriman, United States Navy, executive officer, Lieutenants—George W. De Long,.United States Navy, navigator; Genres, E, Ide, Edward P. Mc- Clelian and Charles W. Chipp. Master—Frederic E, Upton. Ensigns—William F, Bulkley, Samuel P. Comley, Sidney H. May, and John D. Keeler. Midshipmran—J, J. Hunker, Sui m—T, C, Walton, stant Surgeon—Benjamin F. Rogers. Passed Assisiant Paymaster—Theodore S. Thomp- son, Engineers—Chief, Henry B, Jones; First Assist- ant, J. J. Barry; Second Assistant, Henry E. Rhoades. Captain's Clerk—Glibert J. Marbury. Faymaster's Clerk—H, Clay Wood. Acting Boatswain—Peter Huckins. Acting Gunner—M. K. Henderson, Acting Carpenter—L, L. Martin. Acting Sailmaker—Garrett Van Mater. THE COURTS. The Grinnell Bank- ruptey Case. BUSINESS IN THE OTHER COURTS, In the Shanks habeas corpus case argument ‘upon technical legal questions as to the arrest and detention of Mr, Shanks for contempt, aud as to ‘whose custody he was properly in, was had before Judge Fancher yesterday, but no conclusion was arrived at, and surther hearing in the case was adjourned till Monday. THE BANKRUPICY OF GEORGE BIRD GRINNELL & CO. Appltcation to Permit the Sale of Cer= tain Securities Held by Biake Bros. & Co. and others. Mr. Joseph H. Choate said that on the part of Blake Brothers & Co,, he had an application to make in the matter of George Bird Grinnell & Co, That application was that Blake Brothers & Co. be allowed to seli certain securities which they held. This matter had been very fully discussed when the case was before the Court on a former occasion. The facts were set forth in the papers and petition, and there was the further fact ofan adjudication of bankruptcy. The first meeting of the creditors would not take place until the 14th of November. The creditors whom he represented, as a foundation for this application, had made proof of thetr claim, and now, under section 20 of the Bankruptcy act, asked for a direction of the Court for a sale of the securities. Counsel re- ferred to the section, as showing that there might be a sale under the direction of the Court. It nad been urged on one side, as a reason for not felling the securities, or for continuing the injunction against their sale, that these stocks, as they then stood, were much below their market value. The fact was that, since then, those securities had very largely depreciated, and he did not know how tar lower they would’ go, Notice of this applica- tion had been served on the baukrupts, and he believed there was no opposition to if. Blake Brothers & Co. had filed their proofs of debt witn the Register. Judge Biatchford observed that he had ae had an application of this kind from a bank im Al- bany—from a creditor who had proved his claim— ind he (the Judge) came to the conclusion that he jad no power to give a direction for the sale until the assignee was appomted. He would not give a direction to cut off the power of the general cred- itors before the appointment of the assignee. He thought that the whole spirit of the twentieth sec- tion was applicable to something to be done after the appointment of an assignee. Mr. Allen, the Register in Bankruptcy, had stated that he had never known a matter before him, or on the books, ‘where the Court exercised this power of direction, to conclude and bind the assignee, until the assignee was first appointed and proof of debt made. There was, however, no difficulty about the sale, There was no injunction against it. Mr. Choate remarked that he should like the order to rnn so that they could sell the securities either at public auction or at the Stock Exchange, as they might be advised. They were merely naked pledges of the stuck, and he wanted to be treed from the purchaser saying ‘You should have applied to the Court for leave.” judge Bilatchiord—You must take your own risk. There is no imjunction against your selling the stock. All I will say is that in making this order I will not cut off any right which the assiguee would have if I did not make the order. Mr. Choate—We have not proceeded on any con- tempt of Court. Judge Biatchford—No. You may have this sort of an order that I have suggested. Mr. Algernon 8. Sullivan said he had a similar motion to make in another case. Judge Blatchtord—I will give permission to do this thing with all the force and effect the parties would have to do itif Idid not make this order. Mr. Sullivan—I appear for J. B. Teiford & Co., whose petition is similar to that of Blake Bros. & Co. just mentioned by Mr. Choate. The papers have been filed and they fully go into the matter. lam willing to let it go over to Saturday next. Judge Blatchiord—I do not wish to do anything to cat off the rights of any a: nee Who may be appointed. 1 do not desire to cut off any rignts the assignee may now have at this moment tore I make the order. I have the most earnest desire to relieve those gentlemen who have made ‘call loans.” Where the parties are responsible I have no objection to make such an order as I have sug- gested, il it is of any use. Mr. Coudert, as an amicus said as he understood the order the Court would give wouid be an order granting them permission to do ail they liked as to the sale of the stocks, if they did it at their own risk. Then it might come to be asked how this order was given {1 it was of no use Judge Blatchford—If the parties do not want to take the order, very well. ey must take their own risk, Mr. Coudert—Perhaps the proper way would be not to grant the order. Probably it might be taken as a precedent to mean more than it actually does. Judge Blatchford—I entirely confine myself to the case of ‘call loans.” There 1s trouble and em- barrassment to parties advancing money with one hand and taking securities with the other, Mr. Coudert—All the cases are not like that, Judge Biatchford—I cannot give directions, bat 1 will give authority to sell, under certain reserva. tions. As to granting such a direction as would cut off the rights of the assignee under the twen- teth section, | do not feel that I am at hberty todo that. Judge Woodruff ts here now, and if you think well you can apply to him as to whether this Court can give you this direction before the appointment of an assignee. If so, 1 would be very happy, Tt would relieve me immensely. r. Choate--Your Honor, we will consider the matter. The subject then dropped. In the same case counsel, on behalf of the Cnion Trust Company, handed to the Court papers relat ing to the tranaier of a bond which the Trust Com- pany refused to make on their books after the in- junction had been served upon them. The Judge said be would read the papers, BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. The Alleged Bankruptcy of Kenyon Cox & Co. Yesterday, when the case of FB. L. Scott vs, Kenyon Cox, Daniel Drew and others, which is a proceeding to have the defendants declarea in- voluntary bankrupts, was called before Judge Riatchford, in the United States District Gourt e counsel on both sides appeared and consented to a further adjournment of the matter for one week. ‘SUPREME COURT—CHA MBERS, Deelsions. By Judge Fancher. Granniss vs. Granniss.—Relerence confirmed and judgment of divorce granted, By Judge Barrett. In the Matter of the Application of Seymour.— Memoranda for counsel, Baptist In Reapplication of the Tabernacle Church of New York City.—Order granted. Jennings ve, Schmidt.—Motion denied, with $10 costs. Treadway vs. Tread way.—Motion granted, Cooke vs. Rogers.—Judgment granted, Foley vs. Green.—Memoranda tor counsel, Pitkens vs, Condict.—Motion granted. Ostrander vs. Ostrander,—Motion for stay de- nied, Same vs. Same.—Motion for attachment granted. ‘Report confirmed and order granted. Polhaus ys, Polhaus.—Report confirmed and order granted, Levy vs, Moore.—Memoranda for counsel. SUPREME COURT—<ENERAL TERM. Decisions. By Judges Ingraham, Learned and Brady. Hamilton vs. Clinton.—Judgment affirmed with costs, Opinion of the Court by Judge Learned. J. Young vs. Commercial Warehouse Company.— New trial granted, costs to abide the event. Opinion of the Court by Judge Learned; dissenting opinion by Judge Brady. SUPERIOR COUAT—SPECIAL TERM, Decisions, By Judge Van Vorst, Gray vs. Fisk et al.—Order on remittitur from Court of Appeals dismissing appeal aud for afirm- ance ol judgment, Doritz vs. Johnson et al.—Order for judgment, and that Sheriff's jury assess damages, Sherwood vs. Kendall, Schima vs. Arguismban, De Casse vs. De Casse, Schreiber vs. Schmaltztein.— Orders granted, COURT OF COMMON PLEAS—SPECIAL TERM. Decision. By Judge Robinson. Shotwell vs. Rodday.—The equities of the com- pat being denied by the opposing affidavits, and aving no reason to give the greater credit to the former, the injunction must be dissolv2d, $10 costs to abide event, SURROGATE’S COURT. The Hardin Will Contest. Before Surrogate Robert 0. Hutchings. The action against the estate of George Hardin was continued before Surrogate Hutchings yester- day morning. Dr. Moses Van Pelt was cross-ex- amined without peogusing. any new points. Dr. John O, Stone, of No, 27 Weat fwenty-third street, became acquainted with Mr, Hardin avout 1856; he was introduced to the lady as Mrs. Hardin, and knew her by that name; Mr. Hardin was very ul, and Mrs. Hardin was in attendance. Mr. Wittlesby Searles was next examined. He lived in the same house as the Hardins, at No, 23 Cornelia street, some twenty years ago; he knew them by the name of Walker; they passed as hus- band and wile; three or jour years ago witness learned that their real name was Hardin. Thomas Hutton, a carpenter, of Sixth avenue, was frequently employed by the person in ques- tion, whom he (witness) always knew by the name of Walker, that being the name always signed upon receipts, bills, &c, At the conclusion oi Mr. lutton’s evidence the Court adjourned till to- morrow. COURT OF GENERAL SESSIONS, Keepers of Disorderly Houses in Court. Before Recorder Hackett. Yesterday morning about twenty “lady boarding house’ keepers, who were indicted by the Grand Jury for keeping disorderly houses, were brought into Court upon Bench warrants, Counsel for these “foolish virgins,’ who burn their midnight lamps in Wooster, Greene, Amity, ‘nirteenth and other streets, promised the Court that if they were discharged upon their own recoguizances the nuisances would be abated. In most of the cases the Recorder consented to let them go upon the promise that the business will be suspended at once. The action of the Grand Jury has created great consternation among the fancy women o! that part of the city, and fora short time, atleast, tueir “occupation will be gone.’? Sentences, . Henry E. Fuller, who pieaded guilty to petty lar- ceny irom the person, was sent to the Penitentiary for six months, William Gallagher, who was convicted of having burglartous implements was sent to tne Peniten- taary for one year. TOMBS POLICE COURT. Before Judge Hogan. . Robbed by Her Nephew. Oscar Ehrier, a young man, was arraigned at the above Court, on the complaint of his aunt, Mrs. Louisa Ehrier, of No, 231 Fifth street. Oscar, it is alleged, had been living very fast for some time, and, in order to meet his expenses, had robbe: his relative, at whose house he was living, of watches and jewelry amounting in value to $250, He pleaded guiity and was hela by Judge Hogan in $1,000 bail to answer at the General Sessions, Liquor Store Burglary. The premises of Thomas Rice, No. 149 Hudson street, were broken into on Monday night anda large quantity of cigars and liquor was carried away. Detective Stevens, of the Fifth precinct, yesterday arrested John Heaney, of No. 46 Beach street, on suspicion of being connected with the burglary. On being brought to the station house Heaney con- fessed that he and aman named Thomas Dunphy had thrown stones at the window and broken the glass. Dunphy had crawled through the window ‘and passed out the liquor and cigars. Heaney was tully committed Jor trial by Judge Hogan in default of $1,000 bail. BROOKLYN COURTS. COURT OF OYER AND TEAMINER. The Grand Jary’s Work—Indictment of Editors, Magistrates and One Alder- man, Before Judge Gilbert. It was rumored about the Court House during the past week that the Grand Jury had under con- sideration the cases 01 two New York editors and several Justices of the Peace of Brooklyn, who were chargea with libel and malieasance re- spectively, Yesterday the Grana Jury appeared iu Court and presented indictments against Charles A. Dana, of the Sun, and Whitelaw Reid, of the the Tribune, for libel; Sheriff Williams and ex- Sheri Walter for frau justices Delmar, Riley and Elliott for malfeasance, und Aiderman Wyiie, Of the Seventh ward, for hbel aiso. The alleged libel in the case of Dana is that on the 18th of Sep- tember last he published an article entitied “The Flight of the Swindlers,” vilifying Juage McCue and William C. Kingsley. Reid is charged with pablishing libellous articles on Dantel Chauncey and Judge Mcvue in connection witn the Trust Company's detalcation, accusing them of com- pounding atelony. Williams and Walter are ac- cused of frauds on the county by overcharging for board of prisoners at the jail and making charges for board for mythical prisoners, The justices are alleged to have been in col.usion with them, while Alderman Wylie is charged with composing a libel- lous article on a former employé oi the Board of Health, which was published in the Zridune. When the indictments were presented, Assistant District Attorney Cullen moved that they be transferred to the County Sessions (or trial. Mr. B. F, Tracy, who said he supposed he would be calied upon to defend some of the indicted par- ties, opposed the transfer to the Sessions, and Judge Gilbert decided to hear the argument on Monday. It is understood that bench warrants were sub- sequently issued for the accused. Ex-Sheritf Wal- ter appeared at the District Attorney's office during the aiternoon, for the purpose of surrender- ing himself, and expressed himsel! as belng ready either to go to jail or give batl. The District Attor- ney. however, Was not in his office, ‘he announcement of the indictment created considerable excitement about the Vity Hall and Court House, the justices were very indignant, and, while denying being guilty of any fraud or irregularities, denounced Conraddy, the late keeper of the jail, a8 having been the cause of their in- pba by making false statements to the Grand jury. SURROGATE’S COURT. The Record of the Past Week, Before Surrogate Veeder. Wills admitted to probate:—John Kiing, of the town of New Lots; Mary ©. A, Crane, Nicholas Soheidt, Adrian V. Cortelyou, Frederick Krop- shuiser, Edward Fitzpatrick, Edward Krolipfetfer, Mary ‘Allan Syme, Jane Morrell, Honora Mc and Mary E, Wiuis, ali of the city of Brooklyn, Letters of administration were granted in the estates of the following named a persons, Viaz.:—James Millward, Eliza A. McFarian, Joho Folleron, Sophie Schmidt, James E. Biddie, Mary Stuart, Jonn Navol, Mary A, Haw (otherwise called Mary A. Hall), Robert Gatmey, 8, George B. Hall, Carrie D. Squeer, Margaret Gam- bie, Mary Donan, ‘tan Hanbridge and John Devoe, Jt, ali of the city of Brooklyn, and Patrick Meany, of the town of Elizabethport, Union county, de Letters of guardianship of the person and estate of Neison Bastido were granted to Henry B. Hen- gon; of George W. Bastido, to Enoch George; of William M. Vanderhoot and Josephine M. Vander- any; all Of the city of Brookiya, st james H. Owen: | STOKES THIRD TRIAL. Another Exciting Day in the Progress of the Case. The Morse Family and Their Re- lationship With Fisk. Recorder Hackett Deposes to Seeing Stokes “Waiting in Anticipation.” CLOSE OF THE TESTIMONY PRO AND CON, Bin The Summing Up To-Morrow and Prob- ability of the Case Being at Once Submitted to the Jury. SIXTEENTH DAY. A point was reached in the Stokes case yester- day which promises an early conclusion of the jegal tournament, the testimony of witnesses for and against, and its submission te the final trib- unal—upon all the facts in the case as they have been presented—the jury of twelve good men and sworn to true deliverance make between the people and the prisoner at the oar. The testimony yesterday was rebutting and re-rebutting, without injury to the “butted’? one way or the other. The testimony that Fisk did not carry a pistol as a gen- eral practice was perhaps pretty well established. In the medical testimony Doctor Woods testifled as to his connection with the case and his having advised the utmost care im giving chloroform to deceased, but on the other hand believed that Fisk died from the effect of tne wound, He agreed with other medical witnesses, however, in the import- ant point that the wound was not necessarily fatal, and that there were hopes of recovery. The whole of the testimony being in, it is supposed that the summing upto the jury and the charge of the Judge may not occupy more than Monday, and that the case will be submitted to the jury to-morrow even- ing. The Proceedings Yesterday. The prisoner and all others concerned appeared much the same as usual, and there was no feature Noticeable above the common. FURTHER TESTIMONY IN REBUTTAL—AUGUST SCHIM- MEL. August Schimmel, brother-in-law of Mrs. Morse, was sworn in rebuttal. Witness—I knew Colonel’ Fisk intimately, even before he came to New York; Isaw him under all circumstances, and at one time used to reside with him; I never knew him to carry a pistol; Isaw him on the morning of the shooting at the Grand Opera House in his shirt sleeves; I helped him put on his coat and he had no pistol to my knowleage; Iknow Mrs. Morse’s daughters; they are aged now fifteen and eighteen respectively ; one of them is at home ill with scarlet fever, and the other is abroad; I used to go to their rooms in the hotel frequently, almost daily; there were no beds in the parlor, a plano was there. To Mr. Tremain—I married Mrs. Morse’s sister; ROSEY AND MINNIE MORSB are the names ofthe young ladies who received legacies trom Fisk; they went to Europe in 1866; when Colonel Fisk was killed there was only one living at the hotel, tne other being atthe Convent of the Sacred Heart; Minnie is the one who is in Europe; she left after the first trial; I am sure she sailed under her own name and not chat of Morris: 1am quite sure she went under her own name; I could not tell in what part of Europe she is now; she is travelling with ber aunt, Mrs. Morris; Mra. Morse’s son is also in Europe. . Now don’t you know that there were names | night? A, I believe it was only one night; 1 have of departure published a2 Morris? A. No, sir; the last [heard of the son he was connected with the Kuss Paving Company, in London; I don’t know in what capacity he is connected with that company; the Morses had three rooms; don’t know which was the bedroom; I never slept there; in one room the mother slept and in the other the daughter slept; the piano had been in the parior from the time they went there; it was taken away acter Fisk’s death. Q. Did you stay all night with Fisk previous to the ai of January twenty nights? A. I think not twenty. Q. Will you swear ten? A. Not ten. . Wiil you swear five? A. Well, may be five. During the three weeks previous to the 6th of January did you stay with him more than one seen him undress many times and go to bed. Q per a ever see @ pistol pocket in his panta- loons? No, sir. Q. Never? A. No. Q. Never in your life, sleeping with him as often as you say you did? A. Never; | don’t believe he ever had one. Witness finally said he did not know what 4 pis- tol pocket was, but showed one afterwards in his own pantaloons which he termed a “change ;” he never saw any such pocket in Fisk’s rowsers; I never knew Fisk to sleep at Josie Fisk lived at the Fifth Avenue Dr. James R. Wood sworn—I am surgeon for Bellevue, St. Vincent, State Woman’s and the Island Hospitals, and consulting surgeon for other hospitais; 1 have seen many gun-shot wounds; remember having seen other gentlemen in con- sultation when Fisk was suffering from his wounds; tound Colone! Fisk pale, restless and anxious, rs, and during that period I slept | e8, —_ wore he had been introduced to Stokes and the’ piers ned the life of Fisk, was purely bd lateral that the Dot tent, as the prisoner testified action have taken place, introd OBJECTIONS RAISED TO STOKES’ TESTIMONY. ‘The District Attorney at this time offered to put in the evidence of tne prisoner on the last trial, to which it would appear that the prisoner aid not Tete eee 001 Mr. Tremain ‘objected. said he did swear to that exclamation, whether it appeared in the book or not. Then ensued a wrangle ofa few minutes, when Mr. Phelps said he would try to accommodate the counsel by reading from folio 1,192 to 1,199 from the prisoner’s testimony on the second trial. The Court ruled that that was already in the case in another way. The point was finally settled by an ‘eement to REBUTTING MEDICAL TESTIMONY. call the reporter with his notes abd pat him on the The District Attorney next offered to put in evidence tie statement made to the Coroner ip the station house on the nignt of the shooting by Thomas Hart. Ubjected to, The deposition was offered to contradict the statement of the derence that undue influence had induced Thomas Hart to testify as he did. He of- fered it to show that Hart made substantti the me statement on the very evening of the homie Bal cide that he made subsequently in Court. Mr. Tremain said that Hart was not arrested till seven o’clock that night, and that Judge Board- man had ruled the deposition out on the iast trial, Left undecided for the present. Recorder Hackett recalled—Recollected walk- Ing up town on the alternoon of the shooting; went up to the place of business of his tatlor, under the Grand Central Hotel; saw the prisoner standing at the curbstone as if anticipat- ; his face was excited; I spoke to him, but he did not answer me; 1 knew him very well, and sald, “Hilloa, Stokes,” but he did not notice me. The detence obiected, but their objection was overruled. ‘Witness—I then passed into the tatlor store. The defence asked no questions, The prosecution then offered to dress an officer in the clothes of Fisk for the purpose of more readily showing the jury the course of the bullets, In the meantime the clerk in the office of the Cunard line was produced by the defence to iden- tily the shiv’s register of one of the steamers to show by it that Miss Morse and her brother sailed or aroge under the names of Eaward and Minnie jorris. The book was excinded. ADDITIONAL TESTIMONY FOR THE DEFENCE, George N. Gorcher cailed for the prisoner—Knew Fisk and recollected seeing him in the Opera House. District Attorney—One moment. Counsel—We have learned since the close of the defence that this witness saw Fisk on one occasion draw from his pocket at the Graad Opera House a pistol, which he dropped on the floor. Excluded. A NEW SENSATION—THE CASE OF THE PROSECUTION, The officer Patrick Hughes, who is nearly of the same size as Fisk, now entered with the clothes on. Mr. Tremain—Stay back there. To the Court—It your Honor is going to allow that man to come on the stand with that cloak on I’m going to take an ex- ception. I understand, too, that they have a stick punched through it to suit themselves. Betore the question was decided a recess was taken. After Recess. Thomas M. Smith was recalied by Mr. Tremain, and asked if any person was with him when he walked up Broadway, and he replied “Yes,” one Thomas Haight. PATRICK HUGHES AGAIN. The Court officer, Patrick Hughes, attired in the outer and under coat of Colonel Fisk and also the vest, took thé stand. The junior counsel for the defence objected to the exhibition on the ground that it would be mere specalation, and that the admission of the cloak was tlle; It would be monstrous to allow any man to be convicted on auch evidence. There was nothing to show that the cloak was in the same condition as when the shooting occurred. It nad been in the charge of people enemies to the pris- oner. Mr. Tremain made six distinct objections to the display, all of which were overruled and excep- tions taken. The exhibition then took place, Hughes standing up with the coat closed, while the District Attorney passed a small piece of cane through the orifice, ‘showing the course the bullet. took through the folds of the cloak. The delence afterwards took care of the witness and made some further illustrations. When this part of the case had been finished, Assistant District attorney Russell announced that the prosecution would rest. FURTHER TESTIMONY FOR THE DEFENCE. The defence called Joun D. Townsend, counsel for Stokes in: the iast trial. He testified that he was present during the whole of the last trial, and he remembered IA § the prisoner testifying that he made use of the expression, ‘Don't fire!’ when he met Fisk. The witness Stobo recalled, Q. Do you know Recorder Hackett by sight or personally! A. No, sir. Q. Did any body speak to Stokes from the time you saw him cross the street until the time he entered the hotel? A. No, sir. Edward G. Haight, sworn—Was in company with Mr. Smith on the day of the shooting, walking up Broadway; saw Fisk’s carriage ; it Was not driven UD quite close to the curb; Fisk got out and en- tered the ladies’ entrance, we standing a little north of the main entrance; we continued stand- ing there and did not know about any one being shot until some one came running out of the main entrance—not the ladies’ entrance; Fisk came to the outer door; I heard no pistol sot; Smith was standing along side of me all this time, THE PRISONER RECALLED. Edward S. Stokes, recailed—I used the ex. pression “Don’t fire” or, Don’t shoot” on the last trial; | have Known Recorder Hackett for some year? Taidn’t hear him speak to me, nor did I see im; I did not stop at all before entering the hotel; I was perfectly cool and not excited. This closed the case on both sides, the privilege being granted of producing the official stenographer of the last trial with his notes to testify as to whether or not Stokes gave evidence to the effect that he made use of the expression “Don’t fire,” as 18 claimed he did by his counsel. Judge Davis cautioned tue jury most particularly against speaking of the case and sent them to their homes in the custody of special deputies until Monday, when counsel will sum up and the ae be deliberatea on during Monday n Dr. Alfred B. Crosby’s Testimony in the Stokes Case—A Correction. In the report of Dr. Crosby's testimony which appeared in yesterday’s report of the proceedings in the Stokes trial, it was erroneously stated that “he had been summoned to see Fisk at the last, and had administered morphine,” &c. The facts are the Doctor was notin the city at the time, but was summoned by the District Attorney as an ‘‘ex- pert” upon the result of guoshot wounds and tha, proper treatment of sach, and upon those points Witness here gave the condition of the patient’s Ppuise and respiration with other details gone over previously. Witness—Fisk wanted to take chloroform, saying that he haa been proped already and would not be again unless he had chioroform given him. Dr. Fisher then gave him about thirty drops of chloro- torm; I proceeded to use the probe handed me. ‘The witness gave in his own way a history of his connection with the case, and of the consultation of the physicians and what was decided upon in an adjoining room to where Fisk lay. He described the extreme danger of administering chloroiorm under such circumstances, and advised the utmost care in giving it to the patient; he was present at the post-mortem examination and described the course of the ball through the abdominal parts. Q. Now, Doctor, irom the wound you examined at the autopsy of the remains, is 1t your opinion toes colonel Fisk died trom its effects? A. I be- eve 80. ‘The defence exhibited the wooden plan of the ladies’ staircase and the relative positions of the two men, as testified to by witnesses for the prose- cutiou, as occupied by them at the momeni of the | shooting. The question was then asked if it was possible for F18k to have received such a wound as the one described on the staircase, and Stokes standing as indicated, Witness answered that he could not conceive how the wound could have been inflicted under the circumstances mentioned. THE CROSS EXAMINATION was then commenced, and occupled about half an hour, winding up with the following query :— ea bia ‘ou bana the wound necessarily mor- ’ 0, sir. Q There were hopes of recovery? A. Yes, sir. A NEW WITNESS ON THE STAND. Thomas M. Smith, a new witness, is employed in the Guardian Mutual Life Insurance Company. On the afternoon of the 6th of January, 1872, I was walking up Broadway; passed the hotel at about hali-past jour. Mr. Tremain—I object, I want to know what it is proposed to prove by this witness, istriet Attorney—-We present him for the pur- pose of contradicting Mary Beale. Witness—Saw Colonel Fisk get out of nis cai and stopped to look at him; 1 saw him enter the ladies’ entrance, and about half a mina after 1 heard a crash; I turned round and went up to the door; he did not have time to enter and come out again before the crash was heard; did not see any ‘woman around thereat the time; nor any lady at the foot of the stairs. To Mr. Tremaio-His carriage sto] almost opposite jadies’ entrance; he me, cross- ing 1p front of me as I stood there; I was anxious to see him; the sound of the crash did not strike Mme 49.4 pistol shot; I turned back instantly to the door; I saw @ boy come out of the door, put did not notice where he went to; not hear him say anything; the boy ran and im- meaiately | heard the crash; my {mpression is the outer door was closed; & crowd rushed up and in atonce; did not know any of them; I remained there about halt a minute: after [looked inI saw Fisk with his face towards me; he came to the bot- tom o! the stairs. To the District Attorney—I communicated with the authorities after | had readin the papers the testimony of Mary Beale, John R. Kimbail, the next witness, tostifed— Kaew the prison r beiore January 6, 1872, but not not vel mi ound that bt Miser $0 thtespty for the par. round that his mony, i si Bose of corroborating tho witpesd Parker, Wo only was he examined, he having had no personal experience ot the treatment of the case. THE CHERRY STREET HOMICIDE, Clark, the Negro, Committed to Await the Action of the Grand Jury—Indis- criminate Firing. An inquest was held yesterday afternoon by Cor- oner Kessler in the case oJ Martin Gettins, an Eng- lish sailor, who was shot and almost instantly Killed on the morning of Tuesday last in Timothy O’Brien’s liquor store, No. 186 Cherry street, bya mulatto sailor named Thomas Clark. James Welch, a United States sailor, testified that he was staying at the Sailors’ Home and witnessed the shooting which took place on Tuesday last; between eight and nine o'clock on Tuesday morn- ing Clark calied on him at the Sailors’ Home; he said he wanted to make witness present, and showed me a pistol inside his coat; we then went into O'Brien’s liquor store, No, 186 Cherry street and had something to drink; while there Clark pulled out the revolver and fired at the ceil- ing; he then began to fire indiscriminately about the room; Clark and witness once belonged to the same vessel; we never had any quarrei, and £ don’t think he meant to do me say bodily harm; Clark had been drinking; when he first pulied the revolver out witness caught his hand and directed it ap; there were four shots fired and there were seven or eight persons in the e during the payer ys could fot say whether iw Was the second. or third shot that strack deceased; he cried out and went into another room; witness said to v| ‘You have Killed that man;” [ then took tol from Clark and went into the yard and ‘ed off two shots leit in the pist Michael Murray testified that ne was a sailor ob board the ship Great Admi aod was in the saloon when the shooting happened; when I heard the first shot | wheeled rons (x eisies was, hea na pg Ry ‘and I saw be was “aa t took between Welch Clark waa quiet; Beard nothing (rom lark 10) Uke Bee Natit Kelly tontifed that | he lived at eo, 1, MEY fis hea”“ing What aot was fired; heard no altercation; tarned ‘ground and saw the second | shots frea; witness tnought tt was the y that killed di , did not hear Clark make any threats of killing anybody. Several other persons were examined, but they only corrovorated the previous witnesses. ‘Dr. Leo testified that he made 4 pust-moi examination 00 deceased and, tn his opinton, deatt was caused by hemorrhage and shock from the pistol shot wound, The jury returned @ verdicé that “deceased came to his death by a pistol shot wound in the bands of Thomas Clark, October 21, 1878, at No. 186 street, through reckless handling of a pistol ot inteattonally. Clark Was sommitted to the Tombs to awatt the action of the Grand Jury. Welch aod Murray were eld as witnesses.