The New York Herald Newspaper, November 9, 1873, Page 5

THE VIRGINIUS, fhe Spanish General Burriel Reports the Exe- cution of the Liberators. Bhot to Death in the Presence of an Immense Concourse of Citizens, Soldiers and Sailors. “The Prisoners Met Their Death with Composure.” How the Virginius ‘Sailed from Jamaica. TELEGRAM 70 Tie KEW YORK KERALO, Havana, Nov, 8, 1873, fhe following despatch from General Burriel, the tommander of the Spant:h troops at Santiago de Cuba, to Captain General Joveilar contains all tne imformation thus far secured of the shooting of the ngargent leaders :— SANTIAGO DE CuBA, Nov, 4, 1873, To His Excellency the Carrain GENERAL :— At six o’clock this morning were shot in this tity, for being traitors to their country and for being insurgent chiefs, the following persons styl- ing themselves ‘patriot, generals’:—Bernabe Va- ropa, alias Bembeta, General of Division; Pedro Cespedes, Commanding General of Cienfucgos; Genera) Jesus del Sol and Brigadier General Wash- lgton Ryan. The executions took place in the presence of the entire corps of volunteers, the force of regular infantry and the sailors irom the feet. An immenge concourse of people also wit- neased the act. The best of order prevailed. The prisoners met their deaih with composure, BURRIEL, THE SAILING OF THE VIRGINIUS FROM JAMAICA. se Pasecugers and Cargo—‘uaban Exiles Landed at Kingston. KINGsron, Jamaica, Oct. 30, 1873. ‘The filibustering steamer Virginius, after taking on board a large party of Cubans, and some war material which they had deposited in the powder magazine on her arrival, cleared jor Simon Bay on the 23d inst, The officers of customs examined the baggage of every passenger who went on board, to pro- vide against any irregularities or violation of the law. The cyening before the Virginius sailed a grand ball Was given on board by General Ryan, who is the chief of the expedition. CUBAN EXILES, An open boat with party of Cuban exiles ar- fived at St, Anv’s a few days aco, They were two fayson the way. They are the bearers, they say, of important despatches from General Cespedes to the Cuban Junta in New York. Among those arrived are Colonel Fernando Lopez Queralta and Commander Louis Bezot, The Virginius took as PASSENGRRS ONE HUNDRED AND FIFTY MEN. Ofthis nuimber ten are foreigners and the rest Cubans, some of them important chieis, sucn as General B. Varona, Colonels Ryan and Jesus de) So Lond and repeated cheers were given by the crowd on the wharves when the Virginius left her moprings. Some respectable Cubans and English merchants went out in the Virginius some fiiteen Miles rom Kingston, The Virginius was going at the rate of fourteen knots an hour when they Jett. PURTUGUESE SYMPATHY, During this ehort trip Mr. Alt. Decordova, the Peruvian Consal in this city, and a great friend of the Cubans, addressed the men and was ap- plauded by ther with load cheers. Mr. Decordova \s a native, @ rich inerchant of Jamaica and a con- stant lielper of the Cuban cause and the Cuban emigrants on this island, BOY PATRIOTS. Fight Cuban young lads who bad absconded tn | different hiding places of the steamer, touowing their countrymen to fight the Spaniards out of Uuba, were forced away by their parents, ORDER OF SAILING, ‘The Virginius was to ineet a schooner out on the high sea at a given point, to take from her all the arms and ammunition she should carry to tie berating army of Cuba, which consisted of 500 Remington rifes, 60 Spencer rifes and 20 Wine chester rifles, 400 revolvers, 600 sabres and a large Bmount of ammunition, besides clothing, medi- cibes and provisions, being the largest convoy of war materials ever taken to Cuba, COLONEL RYAN’S HOPES. 1 had a conversation with the brave Colonel Ryan, and he assured me and his Cuban friends (hat the United Stutes would recognize to the Cabans belligerent rights before four months, and this aews anc the repeated victuries of the ¢ armies over pleasing excitement among the were, Suban residents REPORT PROM THE LIBERATING ARMY. The Cuban visitors report the good standing of tae Cuban army as it ever stood, There are thirty-four battalions of well organized troope, with their ches, The Cuban soldiers travel free over all the country of the Eastern and Central departments withuut meeting a Spaniard, TWenty Spanisk camps have been abandoned of late In botu departiments, The Spaniards do not fight unless attacked in the cities they hold, The Spaniards are reported to be quite demoralized, and great aumbers liave passed uver to the Cubans. By the reiiable news I have just received 1 have not the least doubt that the readers of the NeraLp Will soon hear of the Cuban patiiots Mghting near Mavana, and it is jusuly expected that the Lone Star will so00 slow its colors on the Morro Castio and other forts, The Cubana, under Colonel Jesus Peres, have eaptured seven convoys in three months, one of thes with ninety males and forty Spaniards, with sheir arms, * ARRIVAL OF THE ATLAS FROM JAMAICA, iemhilifinatitecent at the Whaerf—Important News. Shortly before tive u’clock last evening the news was flashed up irom Sandy Book that the Jamaica mall steamer Atias was sighted in the offing, Ane inight be expected at her wharl in the North River within twe or three hours, The news of her arrival was received with great joy by the Cuban residents of this city, who were anx- jously awaiting further tidings respecting the famous cruiser Virgivins, Hundreds of Cubans in this city had relatives on Hoard, and little wonaer Was it that the pier was soon crowded by Cubans who came down hoping to learn something of their lost relatives who had fallen into the hands of the Dpaniarde, Albong the frst to arrive on the wharf was Le- andro Roariguez, who has adopted Domingo, one of the sons of the executed General José Jésus del Sol. On the 4th of the last month the little fellow had to be torn away trom his father, Who went out on the Atlas, while he begged all around, with ‘ears in his eyes, to be allowed to accompany him, Dr. Galvez, an old ana weil-tried friend of Caba Libre, was also present, Mr. Trojillo, who has two vrothers on board the Virginius; Captain G. W. Brown, the Commander of the Faunie’ expedition, and many others who had kith and kin within the Spanish grasp at Santiago de Cuba, Hour after hour fet by, and It was not till nearly nine o'clock shat the vessel Was acon athwart the pigs head, The Scene ban } the Spaniards have created quite a After the usual groffcries incidental to mooring, the Atlas gradually forged her way INTO HER DOCK. A Wwoman’s voice cried out in piteons accents, “For God’s sake, do you know aby hews about my brother!’ “Nada, nada,” by several Cuban voices, This lady was the sister o1 General Barnabe Varona, who boldly met his death at the hands of the Spaniards with other ' Cuban chiefs of tne Virginius expedition, The husband of the unfortunate lady, Mr. Quesada, @ brother of General Manne! Quesada, was on the wharf, waiting ber arrival), to take her biome to Twenty-fourth street. Before the vessel had been made fast they shook hands, and the poor woman asked, in teariul tones, “Have you any news of my brother?” but the same answer of “Nothing,” was given her, SPRCIAL HERALD BOAT, A HERALD reporter soon boarded the vessel, through the courtesy of Mr, Wiliams, the manager of the line, and the first person he Met was Doctor .Govin, who accompanied the expeditionary party of sixty-vine men out in the Atias.on her voyage to Jamaica, The following is the STATEMENT OF DOCTOR GOVIN, “Three of the Cuvan volunteers who went out in the Atias have returned on account of sickness, but are going back soon, I went out in the Vir- ginius on her trial trip, and the machinery worked admirably, 1am going back to Jamaica in the Atins on ner next trip, ‘The Virginius cleared October 22, and saued for Cuba on the 23d, having been regniarly cleared by the American Consul. Jesus Perez was awaiting hey in Cuba, with men in three diferent points, A disagreemeat cocurred be- tween the commandant and the Cuban agent at Kingston as to where the landing piace should be, GOOD NEWS FROM CUBA LIGRE. We bring nome by this boat Queraita, who took out the Salvador expedition, He came over to Jamaica ip ap open boat, and brings most iuterest- ing despatches from President Cespedes, who is, I am happy to si uite well, He also orings tidings for General Quesada as to the capture of several cities, and their s,oliation, among which may be mentioned Santa Cruz. The Cuban Congress has again commenced its labors, Colonel Harris, late 0! the United States Army, went outon the expe- dition; also Captatn Gratz brown, of Pmiladelpuia, and many other American citizens, LATE, On the 80th of October, several days alter the Virginius had left, a telegram was received by the Spanish Consul at Kingstown, from Santiago de Cuba, asking for information respecting the move- ment: of the Virgintus, Among the prominent passengers in the Atlas on her voyage to this city is Mr, Nathan, a leading jawyer of Kingston, Jamaica. He said, “We are ali sympathizers in Jamaica with downtrodden Cuba. ‘We think that they allow their movements to be known to the enemy too well, The Virginius has been in Kingston for some three or four months,”” Mr. Francis L. Norton, who is connected with the Spanish Consul, states that Captain Joseph Fry, the commander of the Virginius, 1s his cousin, THE FEELING AMONG THE CUBANS, The Report of the Additional Shooting of Santa Rosa—The Patriot Refugees United—lutervicw with General Que. jada. The feeling of horror among the Cubans in this city at the hign-handed outrage committed by the Spaniards in the execution of General Varona, Pedro Cespedes, Colonel Jesus del Sol and General Ryan became more intense last evening when it was reported that, according to a despatch irom the Casino /spaioi in Havana, to the editor of the Spanish organ in this city, another prisoner taken on board the Virginius~Mr, Augustin Santa Rosa—had been shot at Santiago de Cuba, in addition to the four victims above men- tioned, Mr, Santa Rosa is an American citizen, who had once before been in the clutcies of the Spaniards, He was sentenced to a long term of imprisoninent and kept for some time in a Spanish jail, from which he was lberated about four months ago, thanks to the taterfereuce of our government. After his release he returned to this city and joined the expedition sent out by the Vir- ginius, Is this intelligence be true—as there ts, Jor- tunately, some reason to doubit—out of the tive pris- oners so far reported to have been shot two of them—Ryan and Santa Rosa —wili have been Amer- ican citizens. But the first feeling of despondency among the Cubans when the despatch announcing the cap- ture of the Virginius became known has given place to a strong determination to make & re- newed and united effort in the way of sending out another expedition, Every Cuban capable of bear- ing arms projesses to be willing to joia it and to continue to the bitter end the struggle for inde- pendence, Last evening the following telegram was re- ceived by @ promiuent Cuban in this city from a gentleman of high standing in Washington :— A PROTEST BY CONSUL GENERAL HALL. A telegram bas just arrived at the State Depart- ment from Consul General Hall giving tne whole account of the execution of tue American citzeus, He intends to protest ior his goveroment against the outraze committed by the rpanish authcrities ta violation of international law and of our treaties with spain, and to deuwwnd an adequate repar. tion, The stare Department is reticent, but dete Mined to obtain reuress. There is a very unlayor- able feeling agaiust spain in oitictal circles, INTERVIEW WITH GENERAL QUESADA, The writer called yesterday evening on General | Quesada, the head of city. He said that while the death of those brave men is to be deplored from the standpoint of humanity, it would only help the cause by bringing about harmony among the Cubans in this city, They had nitherte, to the detriment of the cause, been the Cuban agency in this divided into factions, each working separately; | now they would act as @ unit, for those who had nos sustained him have now signified their intention of doing 80, and of acting unitedly with him. Several of his former oppo- nents had an injormal mecting at Nis house last evening, Where they would meet again to-morrow, The General had no doubt that this conierence would show a very satisiactory result next week, He thought, too, that the United States and Eng- land wouid take diplomatic action in the matter, for he believed that the Virginius was captured in British waters and that she had no arms on board when sie was taken, for they must have been thrown overboard previous to her capture, THE INDIGNATION MEETING NEXT WEEK, The American indignation meeting, to protest against the capture of the steamship Virginius by the Spanish corvette lornado, isto be held at Cooper institute on Tuesday or Wednesday of next week, and Invitations are to We sent to the foliowing friends of Cuba to address the meet- ing:—x-Jatze Pierrepont, General Hays, General McMahon, Mr. Join McKeon, General Banks, ex. Mayor A. O, Hall, General Jourdan, Captain G. W. Brown, Jate commander of the Fannie expedition; Ethan Allen and otuers. Areporter of the HERALD called at the office of INDEPENDENT CUBAN AID ASSOCIATION Jast evening, at No. 62 Beaver street, and learned that numerous subscriptions had been received in behalf of Cuba Libre. TWENTY THOUSAND DOLLARS, Mr. Miguel de Aldama, the well known Cuban patriot, subscrived, 1 Was reported last evening, $10,000 towards a new expedition for Cuba, and will give $10,000 more next week, THE EXCITEMENT among the 7,000 Cubans in this city 1s intense, and hundreds are ready for start to Cuba to fight the Spaniards. Shall We Be Satisfied t To Tok Epiror oF THE HERALD:— “We must remember,’ says Secretary Fish, “the apology we had to make to England in 1862," “England was satisfied with our apology,” &c.; and the intimation is given that Spain will apolo- gize for the recent insult to the American fag, and that this shonid “satisfy” the American people, How would it have been, Mr. Secretary Fish, had the dead bodies of Mason and Sildell been handed over instead of their intact selves? What would hot only England but the nations of the world have Said, had those men, Mason and Slidell, been tried As traitors, revolutionists and rebels to the legally constituted powers in authority, and shot without delay, shot by the finding and sentence of an irre- sponsible so-called Court? Wonld England have been “satisfied” then? Apologies are to be made, to be accepted, when restitution can be offered, Apologies ure litte tess than insults when too late they are asked or given, Some such overt disdain and outrage was, was fhe reply made | | ter, sentenced min to twe years ‘rhe General looked sad, but not despondent. | doubtless, needed to arouse the American people toa sense of the barbarous tyranay of Spain al- Most at their very doors, The savage spanish na- lure thirsts for the blood of its enemies aud grudges the chance of life which the captive, Prisover of war, has a right to hope, The shooting oi the Cuban students two years ago—boys they were, from iourteeu to eighteen years of age—for, in schoolboy thougbtlessues, scratching with their Ciamond rings the glass irame erected over the grave of a Spaniard, called ior the protest of the civ.lized world, Has not this bioody tyranny goue on long enough? Must Spaip, impotent at bome as abroad, be longer let to show the paintul end hopeiess spectacle of a relentiess master in the 4 onies Of dissolution, clutching with trantic grip at @ tory and bieeding but determined kiave, who will never yield thongh torn limb trom limb? Doce Hot humanity caller sometiiug more than interchangé of diplomatic formulas of #uch an exhibition t But now, when trom under our Stars and Stripes men are dragved to death, without time being allowed lor them to appeal for their nghte under that flag, now isa time—the time—when nether Barions hur individuals can utter a protest againar the demand for atrocities in Cuba to cease, for the accordance of belligerent righis toa long sufer- iba, Much tortured people, ana show thug to Spain how we avenge in righteous indignation, and in s mpl, downright justice, the shame, the outrage, tue injustice she has put upon America in dishonoring her flag, iu disregarding international law, in shaming the civilization of the world, Strike qaick—strike hard—aua putanend to the bloody spectacie of wuich the nineteenth century should no longer be a witness. ‘The despeiate grip Ol tie Duughty spamard wil pot let go til the lust dregs of lis sirength are gone, That time is not far off; but why wait till then? Now is the time; and, on the 4th of November the Spanisn Lower in Cuba sent out to the world its own knell, in the shots whici struck out the lie from tour brave men, whose great crime was, tht theys: ught 10 wrest their ireedom from a tyrennous’ mother country, even as we wrested Ours in days not a hun .rcd years gone by. Let us fy no more American flags till they can prove what they declare—protection to tie perse- ented 0: every ‘name and nation, the right of a Jair hearing beiore the world. JUSTIA, General Varona’s Family. To THE Epitor OF THE HERALD:— Allow me, a= a friend to the cause and as an ac- quaintance of the late General Varona, whose young and valiant life’s blood has been so murder- ously sued by those Spaniards, to inform you that he (the late Generai Varona) does leave a wie | and also, I believe, a young child, they botu resid- ing in the city. Kespectially, B. W. G, NOVEMBER 8, 1873, The Virginias Entitied to the Protection of the American Fiag. NEw York, Noy, 8, 1873, To THE EDITOR OF THE HERALD:— In the Tribune of yesterday a communicatton appears wherein various statements are made con- cerning the history of the American steamship Virginius. 1 would not examine those statements nor pronounce any opipion on them for the pres- ent, as the main points and facts—which are im- portant to our government to know In order to proceed in the case—are quite plain and straight- jorward (vo any oue who will take the least trouble to obtuin them, The steamer Virginius is regularly registered at the Custom House 01 tins port as un American ves- sel, Sne hus been so considerea by tue govern- ment at Washington and by allitsre, resentatives— Ministers, Consuls and comuanders of war ships in South America and the West Indies—ior the last } three years, during which time the protection of our Navy bas been On Various occasions extended toner. ‘he Engish authorities at Jamaica have always recognized her also a8 an American ship engagea in periectiy legal undertakings. ‘the aathorines of the Britis: ports and ihe British navy have protected her, On her de- arture now irom Kingston she was rezu- jarly cleared by the American Consul 0/ tuat place, who shipped her crew, &c., in the reguar way, and she 1s under command of a born citizen of the United States, ‘ihe autnorities he-e will proceed, no coubt, on the strength of the a@oove, and will only stop proceed.ugs When unequivocal evidence shou!d prove that the Virginius is not an Ameri- can crait, whica, 01 course, can never be the cuse, Kespectiully, uE Yesterday two sailors belonging to the Italian bark hiaria Clotiida were charged betore Commis- sioner Osborn with deserting from that ship, ‘Their names are Lubrano Pasquala Vevego and Dambioi Antonio, and they were bela to await a requisition irom the Italian Consul, UNITED STATES CIRCUIT COURT. Sentencing risoners. Yesterday Judge Benedict sat in the United States Circuit Court room, at No, 27 Chambers street, and sentenced some prisoners who had been convicted during the recent term. William Spikes, Who had been found guilty of countericiting five-cent nickel pieces, was sen- tenced to three years’ tmprisonmeut at hard lator in Kings county Penitentiary, Julius Fatten, @ respectable looking young man, who bad been couvicted of opening ie\ters in the Post Oftice, was next brought up. Counsel on ve- hali of tue prisoner made an appeal to the Court jor merey, The Assistant District attorney re- piled that the prisoner's practice was to take mouey out of letters, but he never toox the whole of any nioney coutained in any singie | lu consideration lous govd letter that ne rifled. Tue Judge o. tLe prisoner's jout! and pre’ hay aCe hara Jabor im Ky county Penitentiary, Vhilip Parcel, convicted of passiuig counterfeit money, Was sentenced to Unvee years’ iniprison- ment wt hard iavor and tv pay a fine o $1, The Case of Edward Lange—Wreit of Habeas Corpus—Che Prisoner Kesen- tenced, The prisoner, Edwara Lange, had been convicted, after a trai of eight days, of empezziing mail bags, the property of tue United States, and sentenced by Judge Benedict to one year’s Imprisonment and the payment of a fine of $200, A sult oi habeas cor, us, returnable yesterday before Judge bene. dict, had been .aken out by the prisoner’s counsel, who contend that the sentence was erroneous, in- asmuch as the statute applicable to this case im- poeed imprisonment or fue, and not both fine and miprisonment. yesterday when the matter was called up Mr, Raius Andrews, Mr, Arnoux aud Mr, Stewart L, Woodiord appeared tor the prisoner, and Mr, Purdy, United Siates Assistant District Attorney, for tie government, The argument of counsel for the prisoner was thai there wasa mistake in the sentence. Lange had admitted to lis counsel ‘hat oc never saw fairer trial, nor had he ever heard a more avor- able charge than (hat which wes delivered by the Judge in this case, Counsel claimed that his cuent had not intended to do wrong. The fine imposed had been paid, not for the purpose Of perpetrating a trick upon the Court, but in order that an appli- cation might be grounded for an appeal to the President for a pardon, Judge Benedict made a few remarks, stating he had Lo doubt that i the jury had been charged to find aseparate verdict on different counts they might have found the prisoner = guilty on several particulars, because the proof on several acts seemed satisfactory to his mind. If they found him ‘guilty on different counts, diferent terms of imprisonment migit be imposed on each count. He thought that, in a general verdict, the prisoner was guilty on all the counts, Still he knew very well tuat the jury were not requested to find on duterent acts; they were simply asked to find on one transaction, and there was a verdict of guilty on one transaction because tuey were not asked to tind on more than one, it was cleart at the sentence could not in- clude imprisonment and fine, and thereore he did not hesitate to modiiy the sentence. The order of the Court was that the sentence be vacated and poe rigoner sentenced to one year’s imprisou- ment. Counsel for the prisoner asked that the record of the sentence. be atnended upon its ace, so that the fact might be presented, 1! they could get the case up on certiorari, be1ore another judge. Judye Beneuict reiused, ‘tie sentence would re- main at one year’s imprisonment. ihe mistake, in the first instance, arose trom his misapprehension of the terms of the statute, as read by the District Attorney at the trial, Counsel jor the prisoner claimed that his recol- lection of the verdict of the jury coincided with that oF the listrict Attorney upon the same subject. The verdict was:—'We find the prisoner guiity of appropriauin; to tis own use and con- Venience certain mul bags, and we find the value Of the same to be jess than $25" He hoped toe Court would order the record to be amended ac- cordingly. Jndge Bene ict refused to amend the record; the Writ Of habeas corpus was dismissed, the matter dropped, and the Court adjourned tor a tortmight. UNITED STATES DISTRICT COURT. The Case of Kenyon Cox & Co. When the case of E. L. Scott vs. Kenyon Cox & Co., of Which firm Daniel Drew isa member, was called yesterday bejore Judge Blatchford, counsel Stated that it was settled, and the matter was, ac- cordingly, removed trom the calendar. It will be Tecoilected that the plaintiff had filed a petition Praying that the deiendants be adjudicated invol- untary bankrupts the jacis we published in the HERALD at tae time the petition was filed. ‘The result arrived at yesterday termipates the matter, ‘bhe Market Savings Bank, Counsel on behalf of one of the creditors of this Imprisonment at | | bank made an application to the Court that all the clams which had arisen against the estate of the | bank previous to the adjudication of banaruptey, inciuding the cluim o: Mr. Worth receivel, | shoule be stricken ont (rom consideration under | the order oi reference, Judge Blatchiord said the matter was now before the Register, and it was ior bin to pasa upon such | claims as were presented to him in the course of the proceedings. When the matter came betore hom (the Judge) upon the report or certificate of the Register he Would pass upon the legality of the claims. Business in Gankruntcy. VOLUNTARY PETITIONS, George W, Crony, Lorenzo ‘iutue, Joseph R. France, Charles E. backett. ADJUDICATIONS iN INVOLUNTARY CASES. Elisha ©, Litcniield, Henry Maas, Otto Maier, Dovgtiss L. White, Samuel W. Barnard, Alanson 8, Page, Henry Davison, Joseph J, Hamburg, Mulyille Manutacturing Company, Oharies A, Lord, DISCHARGES, Christopher R, 8%. George, Abram Abrams. SUPREME (CURT—CHAMEEAS, Decisio By Judge Brady, Smith vs, The Mayor, &c.—Judgment for plain- tiff, See opinion, By Judge Fancher, Von Rhade vs. Von Rhade,—An order to be drawn coniormabiy to the opinion settied upon two days’ notice. Tn the Matter of the Corn Exchange Insnrance Compuny,.—Report of relerec conirmed, and order lor ailowances vo the receiver and counsel granted, Lost vs. | owt.—Keport contirmed, wud judgment ol divorce g. anted in javor of piaintit, By Judge Barrett, Mellick vs. Mellick.—Memoranduim for connsel, In re kdwin Winters.—Writ d.siniseed and pris- oner remanded, uteriee vs, Lent and Others,—Appiteation to | contirm referee g report granted on Ging bond, &e, SUPERICR CUU8T— FEAL TE:M. Decisions. Ry Judge Sedgwick, Brown vs, Nortitfup and Another, Morse, Jr., ¥ Stevenson, Walley vs, Stevenusun.—Orders of refer- ence Wheeler vs, Baker et al.—Detault opened, with leave to deiendants to answer, &c, Lowie vs. korstem.—Order tor judgment and for writ of mquiry, Rathouo vs, imwersoll.—Oraer denying motion, Witt $1) costs, with \wberty to renew motion, Genton and Anotuer vs. Bamarder et a1, Lenton and Another vs, Wing et al., Sheriock vs. Baker, Schackleford vs. Franee, Justice vs. Long,—Orders granied, Before Jade Van Vorst. Langdon ys. Sea GUN Grove and Methodist Camp ones Associdtion,—Ques lions to be tied oy jury gertied, MARINE COU. T—PART 2, Liabilities of Common Carriers. Before Judge Gross, Samuel Holmes et al. vs. The New York and Bal- | timore Transportation Company.—In March last @ } quantity of copper was sent ‘ron Baltimore to the | plaintiffs in one of the defendants’ steamers, and after being removed from tne boat to the whart a portion of it was stolen. The deiendants refused to pay jor what had been stolen on the ground that the plaintiffs had ample ume to remove the copper iter receiving notice from them of i’ arnivai. This action was brought to recover $779 79 for the 2,563 pounds that were missing, with interest irom | the 31st of last Match. Tue agent of the com- pany testifed that the boat whica brought this copper arrived on Friday, March 28, ; and he told the gtevedore to let it remain on board the vessel that night, as it would be sater there than on the Whari, Op Saturday morning it was unloaded, and between ten and eleven o'clock the plalutifig were notiticd of its arrival and requested to take it away. On coming to tue | ofiice Mouday morning he was ioforsned thas tif teen cakes oO! the camper had been stolen the night. previous, and at on€e sent word to the river po.ice every eilort to recover the stolen property, but without success, ‘The pluintitfs sud that they 1e- ceived no notice on Saturday of the arrival of the Copper; that the lirst they knew oi It was on Mon- day, when a boy in the etiploy of the deiendants came and informed them that it Dad arrived and @ portion 01 ti had been stolen, The Court charg@d the jory that if they were sat- ised the notice of the arrival ol the copper was Not given till Monday, and that the defendants did Let use proper cage in protecting 31, they would find @ verdict ior Bhe piaintit; vutil they found {yom the evidenc® that a reasonabie notice was given, and that thé deicndan's were not negligent in protecting the property, they would fing a ver- dict jor the deendants; but that che derndants | Could not absolve tuemseives from habiity unless tney gave a reasonable nutice, anu, even ti it was given on Serandar; Mt was for the jury to say whether, taking all the tacts ana surroundings into account, it mie aiord the piaintiosg a reason- abie time to remove the goods. ‘Lue jury r. ndered @ verdict Jor the plaintifs jor. the claimed, sun amount BROOKLYN COURTS, SUPREME COURT—3FECIAL TEA %—PAAT |. The Kelsey Murder—Appiication to Have Royal and Rudo'ph Sammis Admitted to Bail—VThe Prisoners Remanded, Before Judge Tappen, Yesterday moruing there was a stir among the lawyers and loungers in Judge Tappen’s court | Sammis, who have been tndicted by the Suffolk county Grand Jury fur murder in the second degree in having been imph- cuted in the latal outrage on Churles G. Ke! at Liuolington, Long Istand, ‘The prsiners were brougut ve.orde Judge Lappea in ord or that an ap- plication might be made by their counsel to have | tem admiiied to bath They were indicted on jor their arrest and they were taken into custody the same night. ‘The officers who had them 11 rge were directed not to take them before any Judge in tie Suilolk county cistriet, but to bring thet: before a judge in Brooklyn. Couuselior Bru oks, lor the defence, baving brought the cise to the attention of tae Court yesterday, Judge ‘Tappen said he had @ communication trom Atiorpey ‘Duthil, 0. sutolk county, ask- ing that the lanver might be motstied i auy appl and the Liverty street station house, and used | room by the appearance oi Royal und Rudoiph | Friday, beuch warrants were immediately issued | cation for vail might be made, Mr. Brooss—My motion is, that Mr. having directed them to be brought vere it im- | pues notice, and we are entitled tu ve heard, As We ure here by d.rection we have a right to make tne application jor ait. Judge ‘iappen—tiond me your warrants, (The Warrauty Were handed up 10 fis Honor.) There is nowhing suid about to-day here, Mr. Brooks—But he gave tastructions to the Sherif to bing them here to-day, ‘tue bisiniet Attorney having Oriered these writs here, aad having absolute Mouce that they were to be pre- sented (0 Your Honor on a motion for vail, tuves bot seem to Me that any additional notice is needed. Judge Tappen—The telegram reads: } any motion tr bail please give me notice, nat t cab be heard.” telegrain to-cay. Mr. brooks—Then the object whic was sought for Will be accomplisied, These men will have to be kept in confinement over to-morrow, Judge Tappen—The objece sougit ior was the arrest of these men, thing luriher avout it, tori ft had wot heard trom Mr, iutnili | should certainiy have insisted ou tis being uotified, Mr, Brooks—Will Your Honor set it down Monday? Judge Tappen—No; you must notify Mr. Tathill, for the acc that we have to appear in queens county on Tuesday ? Jndge iappen—A notice to the effect that the Pc are detained nere will be sudicient to aye (he Case continued there, Mr. Brooks—Shail L give notice for Monday? Judge Tappeu—No, sir, 1 am not goin, to re- strict the District Attorney, You can set it down for Wednesday, and {i you can agree with Mr, Lut hill I will hear it at any time be.ore thar, The prisoners, Who appeared quite unconcerned during these proceedinys, were then remanded io the custody of the oiicers, The “Policy” Interest. About aix months ago Andrew MoCleiian was convicted o: being engaged in the lottery-policy business, and sentenced to pay a fine of $1,000 and a@ year’s imprisonment in the Penitentiary, AN appeal had been taken in the case, and, pending the result, the prisoner has seen admitted to bail in the sum of $5,000, MeClelian was one of the Jeading policy deaiers oO. the city. SUPREME COURT—SPECIAL TERM—PART 2, Private Interests Subordinate to Public Interests. Before Judge Gilbert. The Supervisors ot Kings and Queens counties authorized the repairing of the Newtown Creck bridge. The party who was directed to do the work gave notice that tne “draw” would be closed while the work was going on, Flemming & Bartlett, who have a refinery on the creek, ob- tained & temporary. Injunction and an order fo show cause why it should not be made perpetual, they claiming that the closing of the “draw” seri- ously Interiered with their busmess, a8 their ves- sels could not pass through to their establishment, The case came up yesterday on tne motion to have the injunction maae permanent, Arter hearimg the arguments pro and con, Judge Gil- bert aectied that Jor aucht that had been shown the act tor establishing the bridge was valid) The duty o! keeping it in repair follows, No abuse in the manner o1 pertorming this duty trad been shown, Ror Was it averred tat defend. ants were unable to respond in damages, ‘The Motion to continue the injunction Was denied and the temporary Injunction Was dissolved, w'th $10 costs, ‘rauniil | | facts yet to be inquired into If there is | You might give hiw notice by | It is Unoecessary to say auy- | | Britain, Mr, Krooks—Wiil Your Honor take cognizance of | NEW YORK HERALD, SUNDAY, NOVEMBER 9, 1873—QUADRUPLE SHEET. : WASHINGT —-—__— Diplomatic Views on the Butchery in Cuba. —_——e——— MR. PISH AND ADMIRAL POLO. pia eaten An American Man-of-War Or- dered to Santiago de Cuba. eee ATTITUDE OF OUR GOVERNMENT =e No War Probab’e, but Much Diplomatic Palaver. ON. Spanish WASHINGTON, Noy, 8, 1873. The United States Government and the Spanish Butchery in Cuba—A Man-of- War Sent to Santiago de Cuba. ‘The afair of the Virginius relieves the people of Washington of the tedium of having noting to talk about but the fall of stocks and the want of currency by presenting a new subject for discus- sion, possessed here of some temporary interest. Yhe Secretary of the Navy this afternoon tele- | graphed to Rear Admiral Seott, commanding the | North Atiantic station, to proceed in person or | send @ vessel to Santiago de Cuba without delay, to co-operate with Vice Consul Schmits at that place in protecting the interests of the United | States in the affair of the Virginius, Despatches have also passed between the State Department and Madrid to-day several times. Admiral Polo, the Spanish Minister, with Mr, Potestad, the $ retary of the Spanish Legation, had a long inter- view with Secretary Fish this alternoon. The Minister is empowerea for the time to act with plenipotentiary power, and Captain General Jovellar, of Cuba, has been so structed, At this interview the Secretary of State called the Spanish Minister's attention to the extreme sensitiveness of the people of the United States on the subject of Cuba, espe- cially to the summary execution of the so-called passengers on the Virginius, In this connection he called the Minister’s attention to the sentiments of the President, endorsed on the letter of Mrs. Dutton, the sister of Dr, Houard, tn behalf of the release of her brother, and which expression was provoked on account of the massacre of the Spanish students on te charge of desecrating the } grave of Castafion, This endorsement, which is | as follows, refers to Minister Roberts, the prede- cessor of Admiral Polo: 1 hope the Spanish government will give Dr. | Houard his immediate reiease. Atrocities already infucted upon American citizens has turned the ‘whole country against Spanish rule in Cuba to such @ degree that tne people are scarcely longer capable of Judging impartially in matters between Spanish and American citizens, Mr. Roberts must see this himself,and the danger to his govern- ment, unless more moderation is shown, U.S. GRANT, DECEMBER 23, 1871. It was the haste which the President complained | of, and the apparent fear of the Spanish govern- ment being prevented in carrying out their thirst fer vengeance, that made the President protest againet such inhuman conduct and such indecent haste, It looke.! too much like shooting on sight and going through the ceremony of trial alter- wards. This was not intended to be understood ag excusing or defending the acts of open enemies of the Spanish Government, but indicate the feeling our people in a matter that had already grown wearisome to them. After tue interview Admiral Polo tele- graphed to Captain General Jovellar his instruc- tions, with the request that tuey be promptly con- veyed to the officials of the Eastern department, merely to of especially to the commander at Santiago ue Cuba, ‘There has been mu inquiry to-day as to what view the State Department took of the case of the Virginius, Diplomatists, like jurists, have only to deat with facts and law, #0 I was not surprised to find my interrogatory on this point coldly answered; but as the views ex- pressed are the hignest that entitled to some consideration, They are substan- nbe lad, they are tially as followsa:—‘It does not appear that the Virginius has been guilty of any violation of the neutrality Jaws of the United States, although it may appear that for other reasons she may have | ceased to be entitied to the protection of our gov- ernment, Whetier the jacto: her capture on the high seas was justifiable or not depends upon If she had been captured in the territorial waters of the United | States that would have afforded on evident cause of complaint on the part of the United States against Spain, and if captured within tbe terri- torial waters of Jamaica that would have consti- tated ap invasion of the sovereign rights of Great But whether captured on the high seas or in the waters of Jamaica, the question for our government would be the same, provided she was an American vessel engaged in honest busin and as such entitled to the protection of the geo erument of the United States. The capture is already the eubject of correspondence between the two governments by telegraph, through General Sickles, at Madrid, and that the government is al- ready, or s00n will be, fully informed of the cir- cumstances by the American Consul at Sanuiago de Cuba, It may be taken for granted that if the act of the Tornado was without justifiable canse our government will demand and receive com- plete redress at the hands of Spain. Meanwhile it ia. a question with which the Cuban agents iu New York have nothing to do, and the less they meddle with it the better for them, It isa question of American rights, not of Cuban rights. Itis the duty of our government to look aiter the interests ofthe Untted States, not those of Cuban insur- gentsin New York or in Cuba. If the bona fide property of an American owner has been captured bya Spanish cruiser uniawiully, or if in that cap- ture the sovereignty of the United States has been iniringed, it 18 to be taken for granted that our government will fully discharge its duty to the flag and to the country, But there is nothing m this Incident to produce solicitude or lead to any apprehension of rupture between Spain and the United States. On the contrary, if found in the wrong, we may be sure the Spanish govern- ment will afford full reparation to the United States, This capture may revive the question of some in- terest—viz., the proper construction of the treaty ot 1795, between the United States and Spain, | whey bas reon tue basis of the relations of the 5 — two governments from that day to tis, The fourteenth article subjects to the penalty of piracy any citizen or subject of either government taking any commission or letter of marque to depredate against the other,and the twelfth article subjects the merchant ships of either party to visitation In the case of jnst grounds of euspicion of @ contraband voyage. But the serious question here is a higher one—that of the legatity of the capture, as affected by the national character of the vessel and her true Telation to the United States, At present we have no exact information respecting all the persons on board the Virginins. The only Persons whose names are spoken of are either notorious Cubans like Ces- pedes or Varona, or filibuster like Ryan; and the previous history of the vessel, the great number of persons said to have been on board of her at this time, the notoriety of the leaders dmong them, the place and destination of the Virginins when overhauled by the Tornado, and the desperate efforts of the former to escape trom the latter, ara conclusive proofs of what nobody seeins to doubt, that she was engaged in transporting men and munitions of war ‘or the use of the insurgents in Cuba, The State Department will know better what to think of the transaction when some honest American citizen presents himsell, showing that at the time of the ggpture he was the owner of the Virginius and claiming tne futervention of our government ugainst Spain, It will thus be seen that while the State Department. protests against (he Spanish government unneces- sarily irritating the people of this country by sum- mary punishment of alleged offenders, it does nov intend to sacrifice lis own dignity in hastily es- pousing the cause of the Virginius, to find here- after that according to international Jaw and treaty obligation it bad no Justification for such zeal, Mr. A. N. Young, the Untted States Consul at Santiago de Cuba, left here to-night for his post. He has been absent for several months on leave and retnrns with a fuli sense of the responsibility resting upon him in this matter, The Statue to the Late Secretary Raw- lina, for which an appropriation was made at the last session of Congress, and the construction of which was placed in charge of a committee, consisting of General Babcock, Commissioner of Public Build. ings and Grounds; Edward Clark, architect of tue Capitol, and Librarian Spofford, has been designed and modelled by the artist, Mr, Batiey, of Philadel. phia, and has lately been examined and approved by the committee, The statue will soon be cast in bronze. Civil Service Examination. The Civil Service Commission held a brief see sion yesterday. In view o( the shortness of the notice given of the district civil service examina- tions to be held in Cincinnati and St, Louis it was auetermined to postpone the Cincinnati examina- tion to December 4 and the St. Louls examination to December 9, The 17th of December was the time fixed for holding the examination tn Savannah for the Southern district, Appli- cations will be received at the proper department from those wishing to compete in the Cincinnath examination to the 22d of November, and for the Savannah examination to the Sth of December. These examinations are to Mil 1,200 clerksiups In the departinents at Washington, ‘(he laces at which the examinations will be held will hé specified in the notices sent to candidates by the Chiei Examiner. Instructions as to the form ot ehine application may be obtained by addressing Mr. E. a Chief Examiner, THE WEATHER REPORT. Paces WAR DEPARTMENT, | Groves, Washing- OPFICE OF THE CHIEF SIGNAL OFFICER, WasHINGTON, D. C., Nov. 9—1 A. M. Probabilities, Fox New ENXcuayp AND THE Mippia STATES, FALLING TEMPERATURE, NORTHWESTBRLY WINDS, CLEARING AND CLEAR WEATHER, For the lakes, borthwesterly winds, clouay Weather and occasiona! rain, clearing m the foree noon, . For the Northwest, slowly falling barometer, southeasterly winds and cloudy weather, For the Ohio Valley, and thence soutuward over Tennessee, variable winds’ and clear, colder weather. For the Southern States, rising barometer, lower temperature, northerly and westerly winds, and clear weather, The Weather in nis City Vesterday, The following record will show the changes in the temperature lor the past twenty-four hours in comparison with the corresponding day of jast ear, as 10 d by the thermometer at Hudout’s building :— ees sl bd ge temperature jor corre’ last year ee ¥e 4636 ior corresponding date i 45 47 SNOW IN NEW ENGLAND, Lewiston, Me., Nov. 8, 1873, In the central and northern parts of this State snow was falling fast this moroing. In this clty the storm is a cold northeasierly rain, ConcorD, N. t ov. 8, 1873, A cold northeast rain storm set in here lass night about midnight, which continued until this aiternoon, ‘Three inches of snow is reported to have fallen in Plymouth during the migut. COMPLROLLER'S RECEIPTS Comptroller Green reports the following amount patd yesterday into the treasury from:— RECEIVER OF TAXES, Receipts of Taxes $121,915 Croton waver rents. i ——— $122,021 ROREAU OF ARREARS. Arrears of taxes, assessinents, water rents and interest. . Pee sees 5,900 BUMEAT OF COLLECTION OF ASS¥s ENTS, Street openings and improvemenis and inierest., 7,137 BUREAU OF CITY REVENUE, Ferry and market cellar rent, market rents and fees aud iterest on bonds and mortgage: » dw BULEAU OF WATER RKGISTRA Croton water rents and penalties... + 1067 , MAYOR'S SECOND MARSHA) Licenses «. spree 99 city counts, Fees Fourth District Police Court... wees 26 RURKAD OF WATRR PURVEYOR, Permits to build vaults : RECKIPTS OF TA November 3... November 5. November 6.. November 7 November $ Total. DEPARTMENT OF PUBLIC WORKS. Commissioner Van Nort makes the following statement of public moneys received by the De- partment of Public Works during the weck ending. yesterday (Saturday) :— For Croton water rent and penalties y 1623, Lor tapping Croton pi Por veut" perm azis For sewer permits... * . For sewer pipes sold to contractors wm Wirthticsvvevers Feenvvetinnnenee merc ‘The following additional contracts have been mude by the Departmené of Public Works in pursu- ance of ordinances of the Common Council :— Fencing vacant lots— In did st, between 5 In lst st, between 21 In 54th st 25 tt. rn 57th 1’ it aie Netthside 14th st, from Nos. 881 to $47, between N a d2d avs. North s North side Szth st, from Sth ay, South side 54th st, 25 ft east of dd av. North side oth st, between 6th and 7 North side 57th st, 250 ft east of sth av, North side S8d st, between Si 1 tt and 6th aya adison aad Sth ave.. . COrm Wert side Corlears st., trom No, 1 io Monroe at... West side Front st, irom Montgomery to Guuver neur st. ss North side Monroe st., Total, ee IES EECSESSSSRER entt H