The New York Herald Newspaper, January 17, 1874, Page 8

NEW YOKK HEKALD, SATURDAY, JANUARY 17, 1874—WITH SUPPLEMENT. THE COURTS. Legal Principles Involved in Expal- sions from Incorporations. Theory of Defence in the Benoni Howard Case. The Old Ex-Covernor Price Suit—The St. Paul nod Pacifie Railroad Litigation. An important opinion will be found below by Judge Brady, ot the Supreare Court, in explanation of the prin- eipies of law governing ¢xpulsions from corporate insti- futions [tis based 00 an effort toexpel a meniber from the New York Produce Exchange. The old suit of @x-Governor Price, of New Jersey, to recover on sales of realestate formerly belonging to him in Sin Fraucisco, yesterday occupied a good share of the time of the Supreme Court, General Term. Mr. Charles O@ Conor is the opposing counsel and made one of his customary sound arzuments. The St. Paul and Pacific Railroad litigation has come to the surface again, and consumed all day yesterday in Supreme Court, Chambers It is to recover on shipments of railroad tron, some of which was consigned to Jay Cooke & Co, Judge Brady, in the Court of Over and Terminer, yes- terday sentenced to State Prison for ite the Italian la derer, Bujiliio, be having pleated guilty to wanslaughter in the first degree. ‘The Challis- Woodhull libel suit was yesterday set down for trial in the Court of General Sessions on the 7th of March next. In the United States Circuit Court, yesterday, counsel on behalf of Edward Lange informed Judge Benedict that be had obtained # writ of certiorari frow the Supreme of the United States The Judge accordingly 1s. ued the order usual in such cases to the Clerk. The Question whether Lange hss been illegally sentenced by Pudge Benedict for embezzling mall bags is now ina air way of being Gnally determined. BEW YORK PRODUCE EXCHANGE. Right of Exputsion by Corporations and How To Be Excercised—Im portant Opin= fon by Jadge Brady. A lengthy argument was hear’ some time stnce, in Sa preme Court, Chambers, before Judge Brady, growing out of steps that had been taken by the New York Prodace Exchange to expel a member. They had cited this mem- Der, a Mr. Baidwin, to appear before them, but under fhe circumstances he chose, it seems, not to do this, and knowing that the object was his expuision, applied to the Court for an injunction restraining them from taking any action inhis case. An opinion was yesterday rendered by Judge Brady in the matter. As the princi- Dles involved are important, and havea like bearing upon other corpozations of similar character, we give Delow the opinion in tull:— OPINION OF JUDGE BRADY. The right of a corporation to expel or disfranchise a mewwber for good and Went canse, viz., when the offeuce reiates to his official or corporate character and Smouzts tos breach of the condition tacitly or exproesly a@unexed to his franchise or oifice is tucidenta! to 1 corporate constitution. (Fawcett vs. Charles, 13 Wend, {7s People ve Medical Foctety, County of Erle, 24 Barlow, 840. People ex rel. Thacher va. New York Commercial Association, 15 Abbott goed It is not necessary io this class of offences for the exercise of this power that there shall be 4 previoma conviction in @ court of justice. The power is inherent in the corporation. (Citations wupra). The defendants by section 4 of their charter are empowered, however, to admit new members and expel ey in such manner as may be provided by the ws, and by the thirty-secona section of such laws the Bava Of Managers may expe! a member tor a wilful vio- Jation of the charter or bylaws or for a traudulent broach equitable principles of trade or other pyiaw bas been deci just and reasonable with- £ kes img purpose of the association, which was to eulei IUST AND EQUITABLE PRINCIPLES IN TRADE, The plai:tif recognize and saucttoned the o! the association and the justness of the law by subscrib- eres agreement set out when he became a member, which provides that his right of admission to the rooms of the association and of membership shoald be con- ditional upon his conforming and being subject to and abiding by all the rules, regniations and yiAws, peceont future, and this, as suggcsted by Justice Miller, in ‘Abbott, supra, agreeing “that he would, by his example and his practice, aid in the great object and lead. ing purpose of the corporation.” The firm of which he was ® member was charged with a fraudulent breach of con- tract, with proceedings incousistent with equitable principles of trade, and theretore with the of removal or expulsion provided in the bylaws ed under the power contained in the charter an armon: the primary object of the incorporation. And er charged, within the principles stated supra, of an offence whicn related to his corporate character, and which was a breach of the condition e: annexed to franchise, so mado subscription of the argreement mentioned This subj has been, and with reference to the detendant’s associa- tion, considered and discussed by Mr. Justice Miller, in the Peopie va New York Commercial Associatio an ject of supra. His views are expressed in an able ejaborate opinion ani JI consider it unnecessary pursue it iurther. That case disposes of (nis is principle and is decisive of it so far asthe right to expel is concerned. The conclusions arrived at in at case are, in my judgment, the necessary result of a just appreciation of the adjudication bearing upon this nd ididrea cases, and are dectarative of the right of the defendants to’ remove for the cause assigned in the Shirty-second section of the ig Sete charged against the piainttf. Ip this case of the People vs. Medical Society # the County of Erie, supra, the regulation was held to fe unwarrautable und unauihorized and veyond the de- elared object and design of the ty. The exercise of ihe power to expel for a proper cause, that is, one which aflects the duty of the member to the ‘corporation, is not joned. the case of the State ex rei. Graham vs. ihe Chamber of Commerce the City of Milwaukee (0 Wis. Rep., 63), the power discussed ‘was conceded, but the right of’ the detendants to expel of ‘was held to reside in the members and not in the Board to which it bad been delegated; and further pave relator, by sabmitting to the power of the Board, would yield a claim which he had sought to enforce in & Court of law prior to the action of the defendants against him for expulsion, which he was not obliged to do, assum- ing that the defendants had the power to act, inasmach as @nother tribunal had already acqaired juristiction of the subject matter. These cases, Upon which the plaintifi relies ‘with some confidence, are not autuorities in favor. They promulgate Principles whicn may oe sustained hon @nalogous cases are presented for consideration. ie POWER TO EXPEL ven to the defendants was, by the authority confirming it to be, in such manner as might be provided by the by- ws, and fs not confined to the member, in the case st Cited. Whether the proofa submiticd to the defend- ants’ Board of Directors to lish the charge made Lo jawed the platotit! will be sufficient may be the sabject of review, butit is certainly In thelr power to entertain and act upon the charze which the Injunction in this case prevents them from doing. ‘The proofs submitted do not show that the transaction which forms the basis of the complaint was commitied by the plaintiff or that he haa any direct agency fn its accomplishment, and whether hels amenadle Would depend, therefore, if be had no fuch agency, upon other facts and circumstances casting Bpou him a responsibility by ratification of the act. This Yea matter which the defendants must keep in view and Bee to it that justice 1s done to the plaimtiff. Sajaneton jissolved ; order to be setiled on one day’s Botice. THE BENONI HOWARD CASE. Whe Prosecution Closed=SThe Theory of the Defence. The trial of Benon! Howard, who is indicted for coun- ferfeiting match stamps, was rosumed yesterday in the ‘Wnited States Circuit Court, before Judge Benedict and Mr. A. H. Pardy, United States Assistant District At- torney, appeared for the prosecution and Mr. Hunting- @on and Messrs. Blanxman for the detence, Mr. Pardy announced that he had closed the testimony Mor the prosecution. Mr, Huntingdon said he would waive any opening @tatement on behalf of Mr. Howard, and went right on ‘with the defence. THE DRFENCE. The defence is thatthe whole case is nothing bat a “pat up job” for the purpose of ruining Mr. Howari Wat the witness John Ripon was a tenant of Howard's fmthe Buuer House, at Staten Island; thet as such tenant he was to pay Howard rent; and that whatever counterteiting operations may have been carried on there by Ripon were entirely without the knowledge of Howard, who claims that this is @ conspiracy on the part ot Ripon and others, whose names have been men- ‘toned in the course of the trial, to effect his ruin. ¥ rent to nd yesterday the defence called a witness, Cornelius Van Nee, offering to prove by him that Kipon had tola him that he = Pent to Howard. This was objected peng ee oa on the ground that no foundation been laid for tlre ques- wTiie withean Vat Nee wentom te, way that, after th. Sinding’ of the’ piste, Ne sw John MiDon, nd Jolin. Storer riccars riser oka or Boy ware saying 24 hse, aiteey Soma Met ese TR ‘were, no doubt, ig, a5 bs 3 Veiking, from what the witness coul aw thein cowiing (rom (he pall ‘station: lett mM together and saw them walking 400 or 600 yards; gaw them meeting again in the woods where witness saw them the first time; saw Swrer walking Alo! Bntii he met Ripon and then he went up Storer ond wines have walked em: withess is forty-six years old and thinks be Is c = hether two i peient to whet Betsons Brivate conversetlon, | we engaged ‘ross-e xamined—" inks it was in the epring yaw Storer and Ripon together tn the wade ote et Bive the day or date; wien Storer mo: Ripon tn the Woods Ripon was living in the Butier House: this was ail T Storer had discovered the plate on the sea shore: forer aad Ripon had to fp through the woods to make wit Way howe ; could not say if he had seen Storer and Ripon together bejore the piate had been found. o Mr. Huntingdon—Afler getting out of the cars I met Storer; he spoke to me; he asked me to go on ahead, ay he cnid he wanted (o spsak to Mr. Ripon. iy to questions by Mr Staten Isiand wheo le! F testified, in rep: ntingaton, that "he was tv pl Was said to be found, In 189; koows Ripon and ror; Storer lived in witnes house; ated the plate was eaw Kipon and Storer together two or three iat he recoliects of, they 5°. came from the tion; they came close to witness’ shop, and le of it talking; could not say how log they {could not hear what they Were nay ing: not yee they were talking low oF loud, he ot ming that. @ Bo you know whether or not there wag any nrice Ido not know more than from paral e Pee F 31 un. 3 T supposed it was in his Knows Bi: was the Ly ep ee we ‘acquainted im the saue Leighbor- recalled.—Question by Mr. Huntingdon— The ga, came down Ry Ms Bader ‘House you say to Mr. Cornelita Van Nee that you paid, oF Di pe (capped oward ‘ou whether you did ornot? A. Tam ‘whether T aid or aot Boe FI did Van Nees wite Was pres- on By soe when tar was & conversation ps See ‘Was recalled, and, alter some squab- tement to the effect tre was permitted to make pment Hers 1S eee eee rogt rout and micetiag you ing ar office about re! Je Hn ng et ear crich street and: talking sbout a 3? Stare whether he did not so talk and What was & oO about rent. biected by Mr. Pardy as collateral matter. The aaa weetnee Ripon paid or did oot ey Yent to Howard ye affect the question whether Howard caused this plate to be engraved or not Mr “Ynoehgdou was heard in reply, He contended that this was not collatera! matter. It was a part of the chain of circumstances which the government showed for the purpose of fixing guilt on the pris % thout nee on $8, aa of behing Eon t having arrive: medict po: eynier heariug of the Case untl Monday next - BUSINESS IN THE OTHER COURTS, SUPREME COURT—TRIA' TERM—PART 2 A Case of Interest to Mercantile Men. Before Judge Van Bruat Sterne Chittenden was administrator of W.S. un- tington, formerly a well Known citizen of Washington, D.C. Francis Van Nesseued him, as such adurinistrator. claiming to have received from @ bank in Wisconsin, in 1801, owned by decedent, @ Grait on which some $1,200 and interest remained unpaid, as he alleged. It was imed ndant that plainti® drew a check upon th sai? bank and bought a bill ofexchsnge o being the bill ofa third bank. The plaih- tii, who was represented by Mr. W. J. Butler, sought by this to recover of the Consideration of the bill; but the defendant, who defended in person, alleged that in oy get the plaintia’s retention and non-protest of the bi , ho! it forso many years, {pn the meantime baving sued the owner of the third ‘bank upon it, was an ‘the bill ashis own, en egitye ity as the same hi been paid, The Court took this View and dis- . the complalit, with the usual aliowance to de- fendant anda stay of thirty days to plainti t make a SUPREME COURT—GENERAL TERM. The California Suit of ecx-Governor Price, of New Jersey, Still Lives. Before Judges Davis, Daniels and Donohue. Such frequent mention within the past tew years has been made in the HxRap law columns of the suit ¢f ex- Governor Price, ot New Jersey, in coanection with prop- erty he formerly owned in San Francisco, that the rev vival of the case in this Court yes'erday hardly mates It necessary to go iuto all the details of the case. It is one = those cases so cogently Ulustrative of “the law's de- < Yr 1861 Rodman M, Price—H was long after this that he became Governor of New Jerscy—weut to California. He settled in San Francisco, bought a large anoant of Brsaeyy. in oe oe and became a member ot a bank- firm. His failed and his debis were $100,000, be~ des $30,000 seeured on his property there by morixage at four per centa month, He left with Mr. Kémund Scott & power of aftorney, aud on his arrival here gave Captain, afterwards Major General, another power of attorney. Captain went > Francisco, aud ere, on 30th of June, 1853, sold the whole property of Mr. Price for $141,000. On the Itth of Jane, 57, Mr. Price began a suit against Mr. Scott and the purchasers of the property, alleging a conspiracy vetwoen them to sall the Broperty, wort iS estiviation at leget $250,000, for much less than {ts value. The case dragged along nearly seven years, and in May, 1864, was tried, Janes T. Brady being the plaintit’s counsel.’ The jury found a verdict for plaintiff for $129,099 against Keyes and Scotty but the Court directed the exceptions to be heard the first instance at the General Term. The settlement ot the case was Selaven. sitive action taken till no po! when a motion wasmade before Judge Barrett at Spe- This motion ae cone and for a new trial. from this denial am appeal was taken Term, which was argued yesterday Conor on behalf of General Keyes. thing to explain the verdict was Mr. Brady‘ ability; that at the time General Keyes reached Calitornia be tound Mr. Price’s property ocenpied in art by “squatters ;” that a recent decision of the Courts ad given & “squatter” title some appearance of va- lidity; that it was impossible to obiain the ya- of Wenors | necessary to rec rioas congents wf powers, general make a forced 3 that he delayed the sale of the property as long sa he dared and until the very day be- fore the new law went into effect; that Price tailed to answer the requests for instructions, and that they had the choice w act asthey did or wholly sacrifice Price's interests, and that et last they obtaine ete Price con- sidering the circumstances. The piaintif did not argue = merits, One of the suagmant defendants, Mr. Scott, 9 died, and they atit was necessary aud was understood by counsel to be necessary that, betore this motion was made, the sult should be revived against his representatives, alter the arguments, which was quite a prolonged. Onm, tho--sourt t the papers, reserving its SUPREME COURT—CHAMBERS, A Complicated Rafiroad Litigation. Before Jadge Lawrence. This Court was occupied ali day yesterday in listening to the reading of the papers in @ railroad suit that in its present aspect is certainly about as complicated as directly opposing affidavits and sharply Hugious lawyers cau well make it Itappears thatthe St. Paui and Pa- cific Railroad Company, having an incorporation and a contingent railroad Iand grant, entered into an agree- meat with the First Division of the St. Paul Pacific Rail- road Company, under which $15,000,00 of bonds were sued for the construction of the roads, the face of the bonds expressing this purpose. The trustees of the mortgage to secure them were William G, Moorhead, of Jay Cooke Co., and George L. Becker. A large part of bonds was Hegotiated through Lucas H. Weeyen and other bankers. ‘Most of the money was applied to the purchase of several thousand tons ot rails, which were sent to this country, and about 145 miles of the road have been built, leaving nearly 20 miles to be constructed. Weeten and his as- Sociates now bring suit against the twe companies, against Jay Cooke & Co., against the trustees of the mort Gage, against the assignees of the iron and against the Warehouse men who have what is leftof it on storage. They charge that oi the 34,000 tous of iron sent wcon- stract this road but about 12,000 tons have been properly employed; that some has been turned over to another company without right, and some sold outright for other purposes than construc bs the road; that k tons, worth $800,000, are still in storage, but that Moorhead bas pretended to give & pledge toJay Cooke & Co. on it for advances, and that there Is danger, unless the Court interferes, thay under this, which they claim to be an illegal pledge, the iron Will be diverted to other purposes than those for which the.money to buy it was advanced on ey, therefore, pray an injanction restraining any such uso ¢ the iron, Tbe usual temporary injunction was r oS © Page and the case came uv yesterday in this Court (0) ument as to whether the temporary tnjunction should be continued. On behalf of the defendants it was claimed that the diversion of the iron, so tar as it had oc- curred, Was the piaintif’s own fault; that in pl mitting the whole proceeds of the bonds for the purposes tor which they were designed, served @ part to pay old clams and another part as sccu- rity for the future payment of interest, thus cmburassing the whole construction of the road in compelling the maa- rs to pay the men, and once, when they were on strike, to prevent them trom tearing up the road, to raise money by the means stuted in the complaint, The reading of the pavers finally reached its conclusion at four P.M.,and the Juige and lawyers were alike pretty weil tired out. The importance attached to the may be seen trot the fact that tbe Sounser appear- forthe motion are Messrs. Williaiw M. Evarw and Joseph H, Choate, and in opposition Mr. W. Allen Batier and Mr. Hubbard. Some tine was consumed in discus- sing the time to be assigned for the argament on the mo- tion, Judge Lawrence concluded to give the lawyers @ ‘Week's rest, and so set the case down for next Friday. Decisions, By Judge Lawrence. Biggie Le Fina SEL sheen teat ige| vs. Jones; Partridge vs. Rapelyea ; Reading vs. Reading: Treadway vs. Trea: way.—Mencorabdums. 4 ef vs. Pantaenius; In the matter, &c., Marriner.— Grante: a By Judge Brady. PE a te va The Produce Exchange.—Injanction dis- SUPERIOR COURT—SPECIAL TERM, Decisions. By Chiet Justice Monelt, ant Alfaro vs. Davidsoo.—Motion decided. (See opin- mn. jon. McDermott vs. MeDermott.—The plat order for the payment to her of the sam in the proseciition of te ac Swenson vs. the Atlantic Order gee. The Mutual Benefit Ice Company vs Clark.—Order granted. ay have an jon. (See opinion.) Mail Steaniship Company.— COURT OF OVER AND TERMINER, An Italian Murderer Sent Prison for Lite. Before Jaage Brady. The case of Bartholemeo Bugiio, the Italian charged with the murder of Ottino Giovanni upon the 12th day of November last, was called for trial yesterday in this Court. Assistant District Attorney Rollins appeared for the people and Messrs. William F. Kintzing and Michael C. MacInerney for the accused. The prisoner, who is un- able to speak any English, was accompanied in Court by Mr. Bertolino, of the same nationality, who has takea great interest in the case. Before the empanciling FE es Ee ae ge ag per gal mpg degree, the ishment of which was death. The tacts of case showed that both the accused and deceased ‘were Italians. They met in Kighty-eighth street, near fadison avenue, upon the 12th of November last, when e prisoner, Who was under the influence of liquor, was accidentally pushed against by the deceased, at which the latter Xopk offence. Words passed between thei, alter which the deceased, with # comrade, left; bi when they were about a biock away the prisoner took trom his pocketa stiletto, followed the coming up. behind him plunged the weapon into his abdomen, cansing his death in a few hours Cot 1 tor | the accused had offered to plead guilty to mahsianghter in the firstdeeree, which he had agreed to accept, but | he insisted that under that plea the punishment wonld | be the tall extent of the law, it being a grave question in b o whether the facts did not make outa we of marder in the first degree, hintzing said that atter consultation with his as- \hey had come to the con@luston that the plea in- ferposed was the best cour: ursued and for the best iuverests of the accused, He then went on to say that the prisoner had been but a few weeks in this coun- try when this anioriunate affalr occurred; that he wag A arancer in 4 strange land: that the act Wad more the to State hi than and ial ght” PasnaReNNeeaaat Saat ts ay, prisoner, hat the coutea pared ace ne wo aa ve prol a Face a oan Cade a earns resulted in a accused was drunk was ogee, bat xatner on 1d, nt; but he fol- a then wabbed. This iw'a very bad fe re in the Hi termined to stop the use Knite snd’ pistol in this city. He felt all the mercy that ee BCC! could expect been ood shown to im, in exce; on thls minor which saved his iio Under the circumstances he send him to the State Prison for the term of his nat life. After the sentence the prisoner was handcuffed, and ary. afterwards was removed ‘from the Court to the City Fruon to await the carrying out of the sentence 1m0- Indictment for Manslaughter Against a Contractors. Next in order—and tt looks like the introduction of a new epoch in criminal trials in this city—John W. Craw- ford, Jesse Newman and Michael Pfostner, contractors for @ baiiding in West Eleventh street, which fell and filed ‘wihumber of workmen inthe cella, were ar- Faigned on ap indictment for manslaughter {a the first ogree. Mr. Mathewson appeared for Crawford, Mr. Wittiarn F. Howe for the others od pleaded not uilty, and the case was eet down for trial next Thars- Penalty of Killing a Grandchild. On behalfofthe otd woman Rose Reilly, indicted for murder in the second degree in causing the death of her little randaon, Patrick Donnelly, by jumping on him during a dranxen quarre] arising out of a carouse by the farally, she pleaded through her counsel, Mr, William F. Howe, guilty of mansianghter in the third Sparse sme burst into tears and deciared she loved the chiid better than her own lite. Judge Brady senther fo State Prison for two yeara Short as the time is—and Judge Brady said that by following the advico of her ie had been save term—her old and de- trom a much longes, crepit appearance indicates thatitis in all probability « lite sentence, Benjamin Hynes’ Bail Reduced. In the case of Benjamin Hynes, tried for shooting, with timtent to Kill, Dr, Milne Warren, of the Hospital for the Ruptured ana Crippled, which trial resulted ina dis reement of the lary: ur. Bowe apphed for Of bail trom $5,000 to $1,000. The ap end heroupen the Court adjourned to Monday MASINE COURT—PART a Decisions, By Judge McAdam, James C. Holden ‘und Others va George Mittnacht — cugepens for piaindts in $606 9, including interest, With allowance. lisba hoomer va Henry: Kearney.—Judgmeat for plaintif? in $idu 57, inolad! teresa With allowance, Wootridge ya rkitz.—Judgment for plaintil for $255 50, including interest, with allowance, COURT OF CERERAL SESSIONS, Murtha Sent to the State Prison for Four Years. Before Judge Sutherland, On the opening of this Court yesterday Assistant Dis trict Attorney Bolling moved for jadgment upon Thomas Murtha, who was convicted a week ago of arson in the third degree, is setting fire to his liquor atore in Sullivan street. Mr. William F. Howe, bis counsel, moved tor a new trial 0 @ legal technicalty, claiming that the in- dictment misstated the name of the insarance company, and, upon this motion being denied, strenuously urged the previous good character of the priaoner as a ground for clemency, and pressed tor a light punishment, Judge Sutherland said that in consequence of the pre- vious good character of Murtha he would impose the lowest penatty the law allowed, which was tour years in the state Prisun, The Libel Suit Against Claflin, Wood. hull and Blood. The case of Tennie C. Claflin, Victoria Woodhall and James W. Blood, indicted for libel, was next called. Mr. Charles V. Brooke, their counsel, said that the first inti- mation he had that the cause would be placed on the calendar that day was on Thursday évening. Mrs. Wood- hull was, however, in Kansas, and tmportant witnesses Were in'Washiusion ad elsewhere, and it would be lux possible to proceed. Ex-Judge Failerton, who represented the prosecution, posed the postponement of the trial. After some (ur: ther discussion the case was set down for the first Mon- day to March. Grand Larcenies. Bryan Farley, who was indicted for robbery, pleaded guilty to grand Jarceny. On tho lst of this month he as- sauited Ahrend Biank and stole a watch vaiued at $75 from him. The Court imposed the highest penalty which the law permitted under the plea, which was five years in the State Prison. Robert McGinnis and Henry Maxwell were tried and convicted of grand larceny in stealing on the 29th of December a sealskin eack, a muff and other iadie.' Darel e8 by Catherine Hufty, 139 West Thirty- greet A boy saw the prisoners leave the stoop with a bundle, and subsequently the detective found the sack at lager beer saloon in Twenty-sixth street. They were cacll vent to the State Prison for tour years and six mouths. Petty Larcenics. Mary Drew, who on the 19th of December stole $8) worth of cigars, the property of Edward T. Riley, pleaded guilty to petty larceny. James Donohue pleaded guilty to a similar offence, the charge being that on the 24th of last month he stole seven’ Rpt ot hair, valued at $27, owned by Emma Ly Be yer my porte | Bight of the 6th inst. ar stealing $2 60 in money and $10 worth of cigars, Dleaded guilty to petty lareeay. Acquittals. George Snyder was tried upon a charge of firing a pis- tol at William Martin, in Willett street, on the evening of November 4, he haying challenged Martin to fight. As there was no evidence to show that the pistol was loaded, the jury acquitted the prisoner, Michael] Gallagher and Henry White were tried and found not guilty of stealing $75 in monev from John Fleming, ou the 28th of December, street. There was no evidence agatnst White, who showed that he wasin a repatable business and in part- hership with his father. TOMBS POLICE COURT. Another Clerk Ruined. Before Judge Bixby. George Muller, a young man nineteen years of age, has been employed by William Kinzey, of Nos. 767 and 769 Broadway, tor the past year. He proved himself very ef- ficient In his capacity as assistant cashier, and was trusted extensively by hisemployer. In fact he made nearly all the deposits iu the bank, and there never was the | the anything im his general conduct to provoke the slightest ae on the part of Mr. Kin- zy. On the 8th da January he wi sent to the Second National Bank with tho sum £33) to deposit therein. When he retarded he told Mr, Pat y that he had made the deposit, bur the teller Kapt 6 bank book to make up the balance. lt was subsequently Secertained shar his story wasa@ pure fabriction and no money had been deposited by Muller that day. The case was placed in the hands of De- tective Bennett, of the Central Office, who yesterday arrested Muller. He was arraigned before Jutge Bixby yesterday and trecly coutossed hi guilt. He gave up his waten, three gol! rings and a gol chain, valued in all at ab: reparation tor what he ha: ever, in $1,100 baii to answer. The Three English Burglars, Henry Garnet, alias Jack Kennedy; Thomas Wil- liams, alias Thomas Gardiner, and James Williams, alias Edward Jenks, three noted English burg- lars. were arraigned at the Tombs yesterday | afternoon They were arrested by Officers Me- Carthy and Morse, of the Fifth precinc’, on Wednes- bight in Rtuyyvesant square. Captain Petty de a descent on their rooms in South Fifth avenue two mights previously and found they had fied, buc tracked them to No. 419 it aac gd where he found a is, b at $125, to Nr. Kinzey in part jen. Muller was held, how- large quantity of stolen go ome gf whic idenuided by Moscher b “d t | No. Franklin street, whose place roken into on January 3 and others by A. Cyrain & 6o., of No. 10 Chambers’ street, who lost some goods on January They were all heid on # charge of burglary and commit ted in 95,0) ball each to answer. SUPREME COURT CALENDAR. . Syracuse, N. Y., Jan, 16, 1874. The following is the day calendar of the General Term of the Supreme Court aa pentas January 19:—Nos. 84, 46, 7, 86, 98, 101, 108, 1, 112 and 1 COMMISSION OF APPEALS CALENDAR, Anaxy, Jan, 16, 1874, The following is the calendar of the Coriinision of Ap. peals for Saturday, January 17:—Nos, 89, 9), 2, 9, 95 a tw 5 Ya aaa will adjourn sine die to-morrow at wo P. M. WESTOHESTER COUNTY SURROGATE’3 COURT. A Contested Will Case—A Dispute Over Charitable Bequests Unsuccessfalty Terminated. A somewhat remarkable will case has just been ter- minated in Westchester county. Ignatius Wessing, a turifty German, who for years hai been «resident in East ibird street, New York, died in November, 1870, leaving his estate, which consisted of real and personal property amounting to nearly $60,000, to his widow and children, consisting of two sons who had grown up to man’s estate and a child of about four years, The Widow was given a legacy ot $6,000, the same being also given to the children. In ‘addition legacies were ernoarned 3 follows :~-$1,000 to St. Joseph's Asy- Jam, $1,000 to the Redemptorists church, in Third street, and’ $50 to the sisters of St. Francis, The two eons sought to have the will set aside on the ground of insan- ity, and especially for the purpose of having the bequests rt a a. They also, tts alleged, desired to de- y he testator’s Widow of taé de-ises of property made to her. Various proceedings were had in the Sars rogate’s Court at White Plains, running through a period of two years, after which the will was provated, The contestants appeaied to the Supreme Court, An adverse decision having ceea given In that tribunal, another effort was made to have the proceedings to overturn che will revived in the Surrosaie’s Court, their counsel claim: ing that the probate of the will as to personal property could be revoked under our statutes, under the cireum- stances of the case, notwithstanding the decisioy of the Supreme Court, ver, decided otherwise, and ings. ‘The will, ther stands a8 a Valid Will, and the pro- ceedings of (ne contestants are disinissed with costs. REAL ESTATE, The market continues to show firmnoss without transactions, awaiting the solution of pending monetary issues in Congress, The following was the only auction sae yesterday :— BBW YORK PROPS: 845. bk. houses iY ie CAM unfinishe!) and 3 lots 3 8.8. Of 74th BL, 200 1. @. of 24 wv. tewether 7ox1U22; 0. Doty $27,000 | BOM sessevevsecervere All persons who drive horses this weather should Rot neglect to put gutta percha on the feet of their animals during the continuance of the snow, as by its use “balling” ts prevented. Melt the gutta Percha in hot water and then stuf the foot all Ground the inside of the shoe. The same gutta percha can be used as often as required, as it can be taken out of the foot, warmed and put back every day during the winter if necessary. Mr. W. H. Vanderbilt has purchased the trotting Mare Lady Emma; price $16,000. Mr, Charles Bathgate, as agent tor Mr. Lorillard, purchased of General Harding, of Nashville, Tenn., On the 2d inst., the two-year-old filly Venango, by Venda), dam Woodbine, by Lexington. The Milly ts & beautiful bay of good size. The price of the Mlly has net transpired, Mr. Lorillard is making upa powerful stable. The Thad Stevens four-mile race in California paid so well that the getters up of that affair are again thinking about getting up another, mak- ing the purse $80,000, open to the world, the race to come off next September or October. The race will be conned to California horses most likely, as few good racers east of the Allegbanies will risk the trip to the goid regions. The experiment was tried and it did not pay. A purse of $10,000 will be given to be trotted for, mile heats, best three in five, in harness, over the Mystic Park, Medford, Mass., near Boston, open to all the stallions in the United States and Canadas, the winning horse to receive $4,000, the second horse $3,000, the third $2,000 and the fourth $1,000, Each stallion Winning 4 premium will alse receive agold medal. The race to come off on Tuesday, September 15. This will give all the fast stailtons in the country ample time to get in condition ior a brulsing race, and thereby decide which is the fastest. ‘The San Francisco Chronicle of January 8 says that in the Assembly Mx. Wickware introduced an act to authorize the closing of certain streets in San Francisco for the paspose. of ap agricultural and mechanical fair ground and for race track. It is understood that an association bas leased the ground from the owners, and that the Board of Su- ervisors is willing to the right to fence in he streets. The race track is to be @ mile. Opposi- tion to the act i# anticipated from parties inter- ested in other tracks in the neigubornood of San Francisco, ‘Two stakes are now open to be run for at the second aunual gees mneeting of the Utica Park Association, to be held June 24, 25 and 26. These are the Ladies’ Stakes, for two-year-olds, entrance $80, halt forfeit, with $300 gold added by the as- sociation; the second borse to save his entrance; one milo; and the Onelda Stakes, for three-year- olds, entrance $50, half ‘orfeit, with $500 added ; the second horse to save his entrance; mile heats; to carry 100 ips.; tie stakes to clese on the dist inst. Mr. P, Loriliard has engaged George Barbee to ride for him during the next racing season. 6 following is @ list of the entries for tne Cana- dian Derby, to be run at the Barrie summer meet. img, 1874, the conditions being $20 each, half Jorieit, with $600 added, for three-year-olds; colts lbs.; fillies 97 ibs.; Dominion breds allowed 71bs.; one mile and a Lalf:— George Ayers’ ch.c. Erastus Corning, by Lightning, out of Nora Creina, 2 Daniel Desmond's b. f. Mollie!Darling, by Revolver, out it SK ©, by Daniel the Prophet. oMfarkn Mekee's ch. c. Beliust Boy, by Beacon, out of Nellie. A. 8mith’sch.& Helen Bennett, by Ulverstone, out of Helen Douglass, by O'Meara. es Langley’s b. 1. Lexington Maid, by Harper, dam WW Pilot. 'N. Rooney's b. ¢. imp. Earl Marshall, by Lord Lyon, out ot Bugle Note, by Trampeter. C. J. Alloway's ch. c. Vouvad, by Versailles, out of Su- san Harris, by Revenue, Andrew Suuth’s b. f. Winestone, by Ulverstone, out of Tokay (King ‘Tom's dam), . en ‘ance’s b. c., by Tipperary, out of Jennie P., by Star Davis. Wood. Stringfield’s br, c. Trampington, by Leamington, out of The Uloamin, by Glencoe, F. Lowell's b. ¢., by Gilroy, dam by Epsilon. B,D, Jones’ b. t, by Jerome Edgar, out of Pasta, Williams & Owing‘s b. c. Fair Piay, by Virgil, out of Crucitix (sister to Salina), vy. Lexington. Williams & Owing’s b. f. Gilt Star, by Gilroy, out of As- tra, by inp. Australian. Willams & Owing’s b. f. Amy Farley, by Planet, out of Luiu Horton (Kildare’s dam), by imp. Albion. “Courles 5. Lloyd's b. ¢., by imp. Australian, out of Ul. tima, by Lexingto: n, Hunter & Travers’ ch. c. Crow's Meat, by Cengor, out of Jennie Rose, by Glencoe, Hunter & fravers’ br. f. Vesta, by Asteroid out of Lilla, by Yorkshire. H, Gatiney’s b. . Culpepper, by Revolver out of Gentle Annie, by Ringgold. George H. Rice’s ch.¢. Vertex, by Vandal out ot Blon- in, by Commodore. Joha Coilee’s D. t. Nettle Norton, by Leamington out of Long Nine, by Lightning. John Coffee's br. f. ida Wells, by Leamington out of Jessamine Porter, by Australian. Jonn Coffee's cli. ¢. Owen Cutler, by Leamington out of Venice. by Australian. Joseph Donahue’s ch. ¢. Dablin. by Kentucky out of 4uidee, by Belshazzar out of War Whoop's dam. W.-M. Gonnor's ch. c. Sismpede, by War Dance out of Dolly Morgan vy Revenae. W. M. Counor'’sch. 1. Moonbeam, by Planet out of Edina. by imp. Knightol St George. William Jennings’ b. c. Larry Hart, by Planet out of Nora, by imp. Sovereign. The Savannah sookny. Club have received the fol- lowing list of entries for the Ten Broeck Stake, to be run February 3, 1874, which is for three-year- olds; colts to carry 85 lbs.; 8 lbs, allowed for illlies and geldings; one mile:—A. B. Lewis & Co.’s ch, {, Belle of Australia, by Australian, dam Woodiord Belle, and br. f. Vandeute, by Vandal, dam Vesper Light; T. G. Bacou & Co.’s b. c. Father Ryan, by Vandal, dam imported Rosalind, and ch, f. Flower Girl, by Australai, dam Neutrality; L. A, Hitch- cock’s br, f, Boone, by Brown Dick, dam Meanness, and D. O’Connor’s ch. £ fannie, pedigree unknown. The American Jockey Club have the following stakes Open for nominations, to close on the 1st OL March, to be run at the coming spring meeting :— ‘The Juvenile Stakes, (or two-year-olds, half a mile; the Fordham Hiandtcap Sweepstakes, one mile and a quarter; the Jockey Club Handicap Sweepstakes, two miles, and the Westchester Cup, two miles and @ guarter, Mr. Bannatyne’s string of race horses are at Montreal, doing well. They will be removed to Baltimore in the early spring. RAGING IN AUSTRALIA [Me!bourne (Ausiralia) Argus, Nov. 5.] The annual steeplechase meeting of the Fleming ton Hunt Club was heid at Kyneton on the 14th October. The weather was very fine and the attendance large. The programme commenced with the Handicap Hurdie Race, which was won by Native, Maort, the favorite, was second and Ulysses third, Eight horses started for the Flemington Hunt Clab Cup, The winner was old Babbler, wno was ridden by bis owner, Mr. H, Wilson. Moiisco finished a moderate second; Caliph was third. Phillis and Mocking Bird were the only starters for the Selling Flat Kace. Tue former proved the winner aiter a dead heat. Six horses started tor the Handicap Steeplechase. Trumpeter won jn good style. third. Marmion won the Seliing Hurdie Race, Orlando being the only otuer starter. The Sell- ing Steepleciase wag won by Eclipse. The reneral entry for the Victoria Racing Club fpriug Meeting took place on the 21st of etober, Though considerably larger than last year the entries were not quite 80 large as was expected from the number oi horses in training. ‘The first day of the meeting was the 1st November. The weather was duil and threatening rain, cun- sequently the attendance was below what was ex- pected. The first race was the Meibourne Stakes, which was won easily by Dagworth, beating five otners. The Hotham Handicap was won by Im- rial, who was never mentioned in the betting; ‘imbiefoot was second and King Jom third, Stockvridge, by Stockham, won the Maribyrnong Pilate ; Jacko, a Syduey bred colt, by Kingston, was second and Menindie, by Australian, third, None of the Maribyruong-bred two-year-olds secured a place, ‘Twenty-two started for this race. The five Turlongs were covered in i min. ysec. The Derby was won by Lapidist, by Fireworks; Mountaineer was second and Maid of Avenel third. Eleven started, The Essendon Stakes was won by Don Juan; Fitz-Yattendon was second and Horatio third. In the Footscray Plate, Latona easily deieated a very moderate field. It has been the custom since the formation of the Victoria Raciag Club for the Melbourne daily journais to be | furnished with passes Jor the repoxters to attend the races, Without the slightest explanation these passes were not sent on the occasion of the present spring meeting, and the discourtesy of the committee of the club Was resented by the daily papers, which took no notice of the meeting beyond giving a bare record of the results of the racing. The apsence of ali racing injormation in the morning papers has caused the greatest ex- citemment bot in town and country, and shows how widespread ts the interest taken in the sub- ject in Victoria, TROTTING IN CALIFORNIA, AGRICULTURAL PARK, SAN FRANCISCO. Jan. 8, 1874,—Trotting; half-mile heats, three in dive, in harness, Purse, $100, Owner's Billy liayward, Killip’s Lou Whipple Kane’s Lady Grant Arnold's Lavy Emma. Time, 1:204%—1:214%—1 OITY AND COUNTY TREASURY, Comptroller Greea reports the following dis- bursements and receipts of the Treasury yester- Payrolis pa Ing 0... Total—Number of warrants 94, amowuting to. $305,926 RROELTS. From taxes of 1873 and interest prom arr, r From water re From licenses— Mayor's 0 From tees and Gines~visirict Co} Sebastopol was second and Murat | THE GALLOWS. Joseph Baker, a White Man, Hanged for the Murder of Newton Wilfong, a Negro. History of the Crime, Convio- tion and Sentence. Cwancorrs, N. ©., Jan. 16, 1874. For nearly the Orst time, and with only one ex- ception that I know of in an experience since the Close of the war—while crimes of the sort were atone time very numerous—has a white man suf fered the extreme penalty of the law for the mur- der of a negro, JOSEPH BAKER expiated the homicide of Newton Wilfong on the 8caffaid to-day In the presence of a few privileged spectators, besides those officials and members of of the press whose duties required them to witness the terrible tragedy, The crime occurred as far back as February, 1873, on the 15th of which month, ina Grunken imbroglio, Wilfong’s life was taken, the KNIFING DETAILS, divested of the assasyin’s plunge, being otherwise uninteresting. On that ssnguinary day a number of persons of both colors were assembled at the store of one Henry Severs, a white man, where among other articles of merchandise that perni- cious fluid, pine top whiskey, was sold, Both Ba- ker and his negro victim, Wilfong, had indulged too freely in the abominable liquor, though not together, as they were understood to be unac- quainted with each other at the time. On some account, not material to this history, an alterca- tion arose between Wilfong and Severs, the pro- prietor, and after the usual bantering of offensive epithets @ slight struggle ensued, at the termina- tion of which Wilfong was iorcibly ejected from the house by Severs, who in doing so struck him once or twice with a stick, and be was sent recling several yards from the door, It was at this Junc- ture of the affair, and while Wilfong was still standing where Severs had left nim, that Baker suddenly rusned upon the scene, advancing upon Wil'ong in an excited and meuacing attitude. Severs called to Baker, warning him not to inter- tere with Wilfong, as he, Severs, was sufiiciently able to protect himself and house and that he was Prepared to deal with Wilfong and give him all the satisfaction fe required. Baker, however, withoat heeding the expostalations of Severs, and frenzied by the vile liquor he bad arank, continued his fatal course, and upon reaching Wilfong PLUNGED HIS KNIFR INTO 113 BREAST, inflicting a terrible wound from which his life blood spurted in all directions as the ghastly blade was withdraw, The murdered man fell to the ground and in few minutes was a corpse. Baker meanwhile turned to the house, coolly washed the red gore from his hands and walked of with the air of aman who had just acquitted himself of a heroic and praiseworthy action. He was soon afterwards apprehended on a warrant issued for his arrest, and lodged in jatl to await his trial. At the SPRING TERM of the Superior Court of Mecklenburg county Baker was arraigned, the principal witnesses against him being Henry Severs and a negro girl named Alexander, while quite a number of others were examined for the defence. The jury was composed entirely of white men, the evidence elicited being strictly in accordance with the facts above narrated. The accused was ably defenced by Messrs. . Wilson & Son and Mr Waring, and received all the privileges allowed a criminal by the law. In vain did his counsel urge tic absence of motive, inierred from his waut of acquaintance with or previous knowl- edge of tne deceased; in vain did they suggest the lack of responsibility induced by a condition of unreasoning intoxication, which was clearly proved, The Solicitor for the Commonwealth, Mr. W. P. Bynum—since appointed Associate Justice of the Supreme Conrt of the State—forcibly arrayed in fatal and concise order all the facts and circum- stances which had been oes against him, leav- ing to the jury a plain though hard duty to per- form anda solemn conclusion not easily to be avoided. The verdict was “GUILTY OF MURDER.” The sentence of the Court, pronounced by Judge Logan, was that Joseph Baker suouid be hanged by the neck until dead on the 27th day of June following, the terrible mandate concluding with the usual prayer for mercy for his soul at the Throne of Grace. From tl sentence an sopesl was taken to the Supreine Court of the State, at Ra- leigh, where it was heard and argued, that tribu- tinding “no error in the record or proceedings of the Court below, the judgment of which 13 affirmed.” And now, indeed, the chances for life | pied fading. A ‘jury of his peers” had found er guilty and the courts of the law had pro- nounced against him, but still that hope which “BURNS THE BRIGHTER” as the night ‘grows dark” found yet aplace within the breast of Baker as he made the last appeal vouchsaied by the forbearing laws of his country. He applied to the Governor of the State for a par- don or a commutation of his sentence to life im- prisonment, and the petition went ap over the Signatures of very many of the best and kindest men of the county; eudorsements were obtained through personal appeais by brothers and that trae friend, the LAST TO DESERT A FALLEN MAN, his mother. ‘The brother, a gatlant soldier in the recent war, a cripple through heroic aervice in his cause, appealed to fellow soldters for pity to an unfortunate and miserable comrade, and tne mother appealed, for pity’s sake, to the hearts of those who had known and felt the love for cnil- dren. Their poor efforts secured the paper and a friend to “peg but no more, The Governor ave & patient car to ail that mercy could suggest, at the stern demands of justice forbade him to interfere swith the terrible decree of the law. Baker's case now seemed bere't of all hope. Every chance and circumstance and principle of law which ingenuity and love could suggest to qualify his crime or reduce the measure of his guilt was resorted to in vatu, and the Judge had again re- sentenced the murderer, this time the 19tn De- cember, 1878, to the fixed and awful punishment of infracted law. Baker, however, was a man of in- domitabie heroism and desperate resolution, and now having despaired of freedom through the courts, he bethought himself to test the stiength of the dismal walls that shut himin and the mas- sive nanacies that debarred him of his long lost liberty. Ingenuity, the OFFSPRING OF DESPAIR at last came to bis aid and pointed out the way, while sympathy, perhaps, furnisned the means to break his chains, He accordingly began his opera- tions secretly, but stcadily and surely, and on the chill wintry morning of December 13, five days be- fore that Axed for his execution, he cut his way through the walls at night, having first sawed his manacies through, let himseli in solemn silence to the ground by means of a blanket made rope, while the guard’s drowsy eye was closed with sleep or turned another way, and in that dismal darkness just preceding daylight took his fight irom the prison, which for nine nas and dreary months had held him so secure. ‘eed at last, and breathing once more the pure air of heaven, he felt that he was safe; but, alas! for his new- found hope, the SUDDEN TACT AND ACUTENESS which desperation had Jent him to secure his re- lease, now deserted him when he most needed it, and leit him in his natural lack of intelligence, for he is an ignorant and uneducated man, He made westward for the Tennessee line, travelling rapidiy on foot, but forgetting to betake himself to secret paths aud byways he pursued the open highways, stopped to rest at public and much frequented piaces and committed such indiscretions for a ian MM his terribie position, that it was easy to recapture him, Meanwhile the news of his escape having being telegraphed to Raleigh the Governor at once offered a reward ot $600 for his arrest, and at the same time respited bim until the 2d of January, 1874 With this price upon his head, and the unguarded manner in which he travelled, it was no wonder that he was again made @ prisoner. ‘Travelling rapidly he had reached & point in Watauga coun and was at the time within ten tiles of the niessee line, when a house tu which he had sought and gained lodging Was surrounded, entered on some slight pretext, and Baker, without even a si - sistance, was ayain in mile THE HANDS OF THE OFFICERS OF THE LAW. He was ee rans back to this city, and was soon lodged in the dungeon from wiici ten days pre- viously he had escaped, with a prospect of an in- definite lease of lle and liberty, Another petition, praying for a further respite, was then gotven up and taken to Raleigh by Baker's sister and his heart-broken mother, to whose earnest and pititul appeals the Governor could not turn a deal a longer, until to-day, whea the sentence of the law was carried into elect, Was apparently about thirty-five years of age, a norant ay i saia pefore, and his countenance de- Suuken eves and thin, compressed lips would seem | to indicate determination a8 well a8 passion; his | gerous When influenced by Mquor. He was with- | out even a jog cabin school education, and knew aud the condemned man was granted two wee JOSEPH BAKER noted a iow order of intenigence. His deep temper Is of that rough tome which made bim dan+ tie Leyond What he learned from vicious associa. inNuential gentlemen, re Sanday aiternoon last who was in this ci for a commutation to imprisonment for Ife in ‘tiary in vain. The Governor could sympathize in’ the kindly fecling which would mitigate this terrinie hardship, but his duty forbade @ reveraal of his former answer, and again , DUE mil declined to interfere with the execntion of the law, ae bs SCAFFOLD is old in gervice, being the same upon which noted criminal was executed about two years i It is located in a small enclosure to the right of ree in the a ‘4, and is partially bid from the pub. ic View. The cross beain rests on two posts about sixteen feet high, and the drop 1s ratsed about ols feet from the groand. , The latter is operated either by drawing a boit or Cutting a rope, when a fall of six feet is allowed. BAKER, THE CONVICT ‘Was confined in an upper cell of the jail where there was uo fire, and the weather being bitierly cold Le suffered oxtrome physical as well a8 men: , & tal agony. Yesterday be ate nothing whatever, This morning he only ‘etary ofa cup of hot coffee, He tried to sleep during the night, bat what with the chiiling icy atmosphere and a terri- ble nervousness, the effort was fruitless, and le passed the weary hours pacing bis cell, the heavy chains with which he was manacied clinking dia maily as he moved, INTBRVIEW IN HIS CELI. This morning about ten o’clock the HERALD cor respondent called apon the condemned man in bis cell. He was in a state of great mental depression bordering almost upon insanity. While speakin, his teeth chattered aud his irame was convulse almost momentary by mervous jerks and mat starts, Though & desperate and a bad y he was a pitiabte and miserable object. He sald he was hardly prepared to die though he had been praying incessantly, He thought that though his sentence was just before God, but men had no right to punish him with death for the crime ne had committed. It wag committed while he was not tn his right mind, wag the restilt of drinking liqaor and was purely an ac cident. A OLBRGYMAN resent then kneeled on the outside of the cell joor, Baker Kneeling. inside, and, with the latter's band clasped In his through the bars, the worthy divine began to pray. HIS FAMILY. When this was conciuded the wife, mother, sis< ters, brothers and other reiatives of the condemned Man were admitied to take a final farewell. Wife and mother clasped with a despairing ene! ta their loving asts the husband and som they now saw for the last time. Statera an brothers stood around wooring. ana some young children who were in tne group were crying pitconaiy, making the scene im at Hithy, dismal dungeon one of the most affect- ing ever witnessed. i, the sorrowing relatives at a siga from the oficiatin waiting, now took a fina’ embrace, the females all crying loudly and bitterly as they deacented the staircase. Left to himself once more Baker seemed to become more tranquil, Hia nerves were quieted; he was mora resolute, and a manly effort 10 control himself waa eminently successful THE LAST SCENE. At twelve mid-day a deputy sheriff, two police. men and @ biacksmitb entered the cell for tre purée pose of removing his manacles, This was no easy task, as they were securely riveted. The smith filed uway af the manacies on his ankles for some: time with very little success, when Baker remarked, “Try the other rivet; I sawed on that some time myself, and it may be easier to get off.” A hammer and punch had ther to be used, which, hurting him, he cried out, «Pon't strike so hard; I don’t waut to suffer two deaths at once.” The manacles on his ankles and the jatler’s bracelets on his wrists being removed at last, he asked the time, and was told it waa hal-past twelve o’clock. He then remarked that a telegram had been sent to the Governor asking another week in which to prepare to meet his Maker, and he hoped tne answer would arrive im tme. ’ Receiving no encouraging response to this, he bung his head dejectedly, and a calm despair settled on bis duil features, Some one present then asked had “he thought of his family?” Raising his head he replied, “They too must die,’ and a heavy sigh escaped him, One o'clock P. M. was nearly at hand and all the meagre preparations for the death scepe were complete. A detail of the city police and a Sherif’s special posse were present to preserve order, and @ gaping crowd of negroes surrounded the jail yard, looking over the jeuce and peering 1n wher- ever they could get @ glimpse of the plank en- closure around the scaffold, for this was all the! could see. Precise.y at one o'clock the Sherif! ang his deputies went to the ceil of the condemne: man, ana after removing a large brown bianket which hung over his shoulders he was conducted to the lower floor of the jail, through one of the windows of which he made his exit, and stepped ON THE DROP. He was dressed in a coffee colored coat, a Confed- erate gray vest or undercoat, brown homespun pants and a black slouch hat and rough boots, all of them very dirty and filthy, as was the condition of the whole jail. THE CROWD in front of the scaffold stared, and pushed each other to stare better, aud Baker returned their aze. He was asked by the jailer if he had any- thing to say, “0 which he replied, “No; I pave Said all that Thave to say.” A clergyman present then offered a prayer, Baker Kneeling, after which, in a clear voice, he made of himsell a very fervent and excellent appeal to Heaven, asking for forgives hess and mercy. The rope being already over his neck, It was (al/-past one P. M.) adjusted alter a fashion, the extreme end of it being tied round the centre of the cross-beam. His aris were anioned, A moment more and a black hood was rawano over nia lace, leaving the back oi the neck exposed. A jew séconds later two heavy blows of @ hatchet SEVERED THE RO?E and the drop fell, screeching as if it felt the the agony of ita then living victim. The body fell Scarcely two feet. The buagied noose slipped till the knot came near the vertebrw, Visient strug. gies followed, toe lower limbs and arms beng re- peated), drawn up, lasting ‘or several minutes, The back of the neck became terriily swoilen and discolored, the head being slightly inclined for- ward, and strangulation was slowly doing its hor rible work. ‘Then, when the steaggies had ceased, several of the spectators, some negroes among them, came pressing forward eagerly, (eeling tie pulse Of the strangled man with as much apparent unconcern us if the suoject had beeu a deaa brute, instead of @ Duman being. EXULTATION Was depicted on the lace of every negro, while the features of their white companions expressed little, if any, sympathy. In twenty minutes iife was declared extisct, and, after hanging halt on hour, the vody was cut down, placed inan un- painted pine coffin, and turned over to the friends Of the deceased for interment, Altogether this execution was conducted in as cool, deliberate and as commonplace a manner ua if such tragedies had been of daily occurrence, ENGLISH VS. AMERICAN CAVALRY. To THE Epiror OF tHe HeraLD:— Sin—lown to considerable surprise on reading the folowing paragraph in Lieutenant Colonel Brackett’s letter :— The English as a general thing are wretcted riders, and it is no wonder that they are univer. sally whipped when they go into battle. Ithink I can state some instances, and which are well known maiters ot history, to disprove the above, During the whole of the Peninsular War, under Wellington, the charges of the English cav- alry were universally effective and successful (see “Napier’s History” and “Wellington Despatches"). Then at Waterloo the charge of the Life Guards ts weil known to have been gallant in the extreme and to have done great execution. But it was im that batue that the Scots Grays made their famous onslaught on the French, pee ree the remark 1rom Napoleon, *Sont terrivies ue gris” ‘Then in India in many battles the English ca7-- alry did first rate service, parucularly in thoge of Sobraon and Aliwal, where they were pitted against the celebrated Sikh horsemen and cut them to pieces. The late Emperor Napoleon, it was well known, desired to model his cavairy in every way alter the English, and had constantly a staff of officers in Engiand viatitog the various cav- airy depots. if the ish are such “wretched riders” why are their jockeys celebrated through- out the world, so that they reign supreme on every race course in Europe? How about the rismen of England and the huntiog field? I 8 underst they were pretty good across country. Even the ladics are said to be the most elegant and plucky riders to be found in any part. of the globe. ‘There is an old saying, and I guess a true one, thatan Englishman may be said “to be born in the saddle.’ Certain it is that every man there, from his early boyhood, who can scrape to- ether @ few shillings, gets ou horseback whenever fe can, As I have ires Colonel Brackett some instances where the Engiish cavalry has certainly not been whipped, periaps he will kindly explaim® where and Paha bib A en pean ean whip- ing’ to which he alludes, Very respectfully, aye ‘A. STEVENSON. A Mad Briton. Naw York, Jan, 16, 1876 To THe EpiToR OF THE HERALD :— Sin—Only yesterday did the communication by Lieutenant Colonel Brackett tn weer enemies issue of your paper meet my eye. contanan in hae entirely mcorrect, and I mast military express my surprise at a person of his standing writing a work containing such glaring — AOWTINTIAD ON HINTH PAGR