The New York Herald Newspaper, March 26, 1874, Page 6

4 CONGREGAT| ONALISM. Second Day’s Proceedings of the Congr’gational Council. PLYMOUTH CHURCH DECLINES. Tae Morning Exercises of Brother Beecher’s Flock. ‘The refusal of Plymouth church to take part in the deliberations of the Council has so 1er been the main incident of the Council. It proved to be by all odds the sensation of yesterday, Those who came to Clinton avenue charch to see BEECHER AS HAMLET, were compelled to go away disappointed of the spectacie. During the morning session of the Council Dr, Dexter and others did all they could to while away the time until the answer of Plymouth church was received. They talked learnedly of ‘the history of Congregationalism, of the history of ‘councils, of the early traditions of the Church and ‘of other matters, which at other times would have Ween very interesting, but the attention of the \Council and of the audience seemed to fag; even he reporters were disposed to nod, till Mnally culminated the sensation of the day in the Jentrance of the committee from Plymouth church appointed to read the reply of that church to the eee of the Council to attend its proceedings, hen and from that moment there was no lack ot interest, Moderators, clergymen, laymen, specta- tors, men, women, clildren, evem the usually im- (passive journalists, seemed to catch the infection ‘of the moment; or to be roused to intensity of attention— ‘There was silence deep as death, And the boldest held his breath. Mor a time while BEECHER SPOKE Shrough his chosen mouthpieces. The committee chosen by the Plymouth church consisted of Mr. W. Sage, @ well built, amply pro- portioned oldish man, quiet, seli-retained, Rev. Dr. Beecher, Henry Ward’s eider brother, some- ‘what thinner than his famous relative, less luxu- Tiant in outline, less liberal looking, and considera- bly older, with appearance still with a strong family resemblance to the pastor of Plymouth church, especially avout the nose; and, lastly, Pro- ssor Raymond, the elocutionist, who read the answer of Plymouth church, declining to take any part in the Conference, and read it with a MINGLED DIGNITY AND GUSTO, and he not only read it from his head but also from his heart, The reading of thisanswer was the crown- ing évent of yesterday's session ol the Council, and produced a profound sensation. It formed the staple subject of discussion during the interval be- and the position of the matter was eagerly couyassed not only by the delegates present, but (by the ladies, young and old, married and single, ‘who yesterday constituted, if not @ most important, yet @ most enthuslastic portion of the assemblage. «itement seemed to increase. During the inter- rval between the two sessions @ great many re- \gained their seats in the church, sacrificing their aAunch to their curiosity, while others took their (irugal lunches in the aute-room. noon seasion opened the crush was greater than ever, and all sorts of devices were attempted by [those who did not hold tickets of admission to get into the body of the church. In the short space of eleven minutes by the watch some thirty @pplicants were turned away disappomted, and they looked wofuily disappointed, too. So great ‘Was the crush that seats were given to ladies sane the piaces reserved for the delegates, ana when the Kev. Ur. Storrs rose to make what amounted to, under the circumstances (and was Jelt to be such), THE OPENING SPEECH OF THE PROSECUTION in the now world-famous case ot Budington- Storrs versus Henry Ward Beecher (unrepre- sented), there was scarcely & Vacant seat up stairs | or down in the large church. The audience was | mumbered by the hundreds, and not a pin was iet | tall during the speech, Every man and woman resent listened as though he or she had suddenly pee transformed into @ stenographic reporter. ‘the tout ensemble of the Clinton avenue church during Dr. Storrs’ speech was King. Alike in its solemnity and {ts simplicity, abject and its surroundings, the dim, religious light, THE SEA OF CHANCEL TURNED FACES, the gray heads, the venerable faces, the intel- jectuai countenances, visible on every side; the two moderators, each alike wise and yg! ven- erable yet able, seated on each side o: the s! igntly elevated pulpit, with tne lignt of the yellow lam) falling around them and the light of the declining sun pouring in through the large. windows and tinting the holy place; the chancel, with its tables and scribes (alongside 01 which were seated the representatives of the leading newspapers of the United- States), and in the centre of which chancel or platform, slightly raised above the level of the floor, sto the orator of hour, who, in a ringing voice, with de- liberation mingled with intense energy and manner alternating from the argumentative to the impassioned, witt an occasional “dropping into poetry,’ dnd ever and anon a side sly dash Of humor, stated his side of the story, every word of whici was beard distinctly, greedily, by over 500 [lined Of more than average intelligence. All this, in connection with the tact that behind wll the oratory and the excitement of the hour there was an element of religious dissension and | of social scandal which might at any moment un- expectediy creep up to the detriment o/ true piety and the scoff of the sceptic and the gloating de- light of the unbeliever—all this constituted a scene ol more than ordinary moment—a scene more im- portant in itself and in its results than any which the City of Churches had yet witnessed. Although on Tuesday night the moderator had reproved the Council Jer indulging in manifestations of approval, yet on Wednesday the moderator allowed the audience to cheer and to laugh a8 much as they chose during Dr. Storrs’ speeca, two privileges of which they avaiied themseives quite freely. During the speaker's allusions to the Beecher- Tilton imbroglio there was the closest attention which it was possibie forany human beings to pay to the words of another; the ladies in the audience especially seemed to regard every word of Dr. Storrs on tis matter a8 a verbal jewel and A CHOICE MORSEL OF SENSATION that they could not lose at any price. One old Jady was so anxious not to lose a word that during this part of the speech she slightly rose and of the Council who bad received any such corre: | {), jJeaned her head forward so as to bring her itching ears as 8 possible to the speaker, ‘Tne deepest intefo% was also excited when, towards the close ol bs eloquent address, the reverend #peaker made a touching allusion to the love Which had once existed between himself and the pastor of Piymouth church; alluded to the fact that Mr. Beech: 4 ouried his (the speaker's) child, and hoped that his arm might wither at his side if he entertained any malice or iil-feeling in his heart towards Mr. iseecher. The close of the claimed, not that he LOVED BEECHER LESS, ‘ght? CONGREGATIONALISM ORE, ‘was also enthusiastically \istened to, and the speech whe Conciuded Was Must earues*iy and desery- euly applauded, Among the most interested und attentive au- ditors of Dr, Storrs’ speech were Mr. Dwigit Johnson, an elderly gentieman who is credited with great executive abiilty in afairs of tus kind; Dr. De Witt, @ comparatively young delegate, trom Boston; Mr. McFarland, a member of the Storrs+ Budington committee, very active and affabe, nud never still, and, as it were, he ageat” of tue extubition, Kev. Dr, Scudder, & wideawake, nerv- ous, large-headed gentieman; Mr. C. P. tixon, a prominent Budingtonian, @ wealthy Brookiyniie ve, Fairchild, the President of Oberlin College; tev, Mr. Meserve, of Brookiyo, Whu 1s credited With being the best CLERICAL WET NURSE of “weak” churclies i the Congregational fold ; Kev Dr. Adams, formerly of Maine, now of Orange Valley, one of the Nestors of the faith; l'ro.essor Barstow, a large-eyed thinker; Professor Dwigut, @ Ulinker, with Small eyes; Messrs. R. P. Buck, A. 5. Barnes, Woolworth and Etwell, all prominent STORKITES AND BUDINGTONIANS, the last named—T, W, Eiwel—belag copspicusas by the bouquet in iis batron hole—a bouquet Waoien he always wears, every day in the year end every hour of the day and which, im the absence of Mr. Heecher’s cloquenve, Was the Most “flowers” ob- | ject i the not very roseate Congregational Council. THE PROCEEDINGS. ti asinine Second Day's Sessions—Statement of the Case by Drs. Storrs and Budington. ‘rhe second day’s session of the Congregational Council was opened yesterday with prayer by tue Vev. Dr. Taylor, of Andover. Credentials waa appointed. The hours of session were fixed from half-past nine A. M. to one P, M., and from three to five or six, #8 the Council may think best, Jeaving the neces- sity of an evening session to be decided by the cir- cumstances of the hour, A resolution offered by Dr, Dexter on Tnesday evening Gud aid on the table Was taken uo and tween the morning and the aiternoon session, As the news spread the ex- | When the after- | the | routine business, Dr. Storrs addressed the Council | lutios A Committee on | NEW YORK HERALD, T read. Its design and spirit was to settle the status of the Counetl, The Doctor, speaking to the reso- lution, traced THE HISTORY OF CONGREGATIONALISM and the gradual growth of Councils, and showed how it was impossiple under the circumstances that this should be an ex parte Council. There can be no ex parte Council, he said, where there 18 nO supreme authority to decide the questions in dispute. The Doctor supposed cases in which the different Councils mignt be called and read from the law aoq the fathers of Congregationalism to illustrate what would be thetr action in certain circumstances that might have called them together. An ex part Coanetl cau never be called, he said, nor exist as between churches, Hence tnis 1s not such a Council. The Hon. A. C. Barstow, of Frovidence, differed with Dr. Dexter, the Moderator, and other brethren in tneir interpretation of tne status of the Council. He looked upon it as an ex parte Council. Ali councils are in their nature advisory. The | points upon which we are called together are plain, and we have no right to introduce any other uestions than those given in the latter missive, | they are delicate enough and numerous enough, | without bringing in others. We are called, he Said, to MAKE PEACE BETWEEN CHURCHES, and how can we do this if we have not peace | among ourselves. I cannot conceive that | thi ts any other than an ex Council, Mr. Barstow continued his remarks until the Committee appointed to wait on Piymoutn | church arrived, when it was jaid on the table, aiter which he moved an amendment to the reso- lution offered by Dr. Dexter, to strike out all that sought to define the status of the Council. Drs. Smith and Quint presented the result of ee f uae with Plymouth church in the The discussion on Dr. Dexter's resolution was then resumed, A delegate thought it was very important that THE CHARAOTER OF 1HE COUNCIL should be settled. Dr. Dexter had not followed oat his history of councils to theirend., All coun- cus are in their character advisory. There ts a dif- ference im the circumstances and the reasons which have led to the call of this council and others, And the speaker insisted that this is an ex parte council, since it i# called by one party only to this controversy, He thought they had had too much of the traditions of the Church and 100 little of scriptural precedent aud common sense. The MODERATOR defined his understanding of ex parte, and technically he considered tats was such, and of course all these proceedings are ex parte, Another delegate thought it took too long a time altogether to baptize this child. Let us go to | work, he added, and answer the questions given | to us by the caliers or this Council. Drs. Pike, Chapin, Post, Quint, Harris, Stearns and others took part in the further discussion. Dr. Post considered that they were virtually | putting a church on trial which has had no v.ice in calling this Council or in the selection of its | members. We must not only do the right thing, he said, but we must do It in the right spirit, THIS COUNCIL IS HARDLY COMPETENT to decide questions that affect Plymouth church, | Which Nas no representation here. It expressly | denies the statement of fact in the letter missive. The public documents are s0 ambiguous as to lead one party to give them @ construction which the other ee does not admit. Dr. HagkIs thought the Council should settle this question, but this was not the best time to do it. They should wait until they heard from Ply- mouth churen, | Dr. STEARNS said it did not matter what name | they gave to it, they would come at last to the | same thing. They are here to give advice to two | churches. if another church is involved in the | | controversy we are bound, he said, vo treat it with | | the utmost courtesy. We have already tavited | this other church to appear and present their own Views in their own way. THE COUNCIL SUPERFLUOUS. | _ Dr. Burtegr, of Fairport, thought that with the | Construction they were giving to this question they might as well have stayed at home. Areiey | eun’t do anything until they hear from Plymoutl | church they might as well have stayed at home. We are here, he said, bi to stop the gabble of | newspapers, and after we have discussed this mat- | oe for @ day they will think less of us than ore. vr. QuInt denied that they were trying to stop Dewspaper gabble. ‘They are trying to administer | | justice, bat they are in @ peculiar position, having | | Ro precedent oO: an advisory council called to cen- | sure another church. If we are to advise | these two churches whether they have done right or wrong we are virtua! trying apother church. He read question submitted in the letter missive, and thought that | involved a square issue of censure on Plymouth church or of the churches calling the Council. The | resolution was laid on the table. | A series of skirmishes was then indulged in to | Tesolutions which I present, I allude to my per. kill time until the Plymouth committee's appear- | ance. | While Dr. Storrs was speaking the Plymouth | committee—Dr. Beecher and Messrs, R. R. Ray- mond and H. W. Sage—entered with the reply of their church to the invitation of the Council. The MODERATOR welcomed the committee, and said the Council received them with Christian al- fection. It degired to be impartial. and so tar as | he could judge, there were as many delegates pres- ent favorabie to Plymouth church as to the | churches that have called this Council. DR. EDWARD BEECHER | cil last evening but one feeling, one of Caristian | | courtesy, respect and affection for the pastor apd which the Counefl ts asked to give advice. He con- tended that 4 chured member cannot give up his membership by @ mere volition, If this principle is true, as held by Plymouth church, and if the entire action of that church in =this = matter is to be approved, then the buried the better. If it must be vuried let it be buried here, for it will never have such @ funeral service nor 80 many mourners. But if it is still strong und vigorous let us gre it a hand to speed it across this Continent and sround the world. (Great and prolonged applause. Evening Session. At eight o'ciovk the Counct! met again. Dr. UD) continued on the other two questions, He stood here to identify himself, as far as he with the principles which undertie Congrega- tlonaism and of Christianity in the tocome. He thanked God for the fortitude Whien he bad received during the months that had passed since this controversy began. He quoted Mr. Beecher’s statement that Plymouth | church stood in the sme relation to the Methodist, Bapust and _ Presbyterian | churches as it dia to the Congregational. | ‘Tne Doctor snowed the impossibility of the afirma- tive of this proposition. He recited the action and the motives of the committees In bringing this | matter at all before the community, The piers of | Christ and tue peace and unity of the churches ye at stake, they believed. He considered that | v4 | PROCLAIMED INDEPENDENCY OF MB. BEECHER and his church had virtually shut it of from fellow. ship with Congregational churches, , This Council ‘was therefore asked to give advice ‘on the rela- tion of independency to Col tionalism, and what we relation of Clinton ave- nue and the Pilgrim churehes to the church that bas declared its independence, He did not think it just or right that those churches should be obliged still to fellowship with a church whicb had no sympathy with them, and which had declared itsel! beyond tne pale of Congregational- m. ‘The conclusion of Dr. Budington’s address was also greeted With applause, A cane having en- sued, the Moderator suggested that when Council met pes morning it spend half an hour tn a prayer meeting. Dr. STORRS expressed the readiness of the com- mittees to answer any questions that the Council Inight ask. Dr. Fish moved that the sessions be pri- vate, but Dr. QUINT opposed it a8 aD injustice to ae church, whic had been arraigned pub- licly. The less private information the Council had the better. | The MoveRator ruled that Council coula not listen to any matters privately that were not placed before it publicly. Tbis sentiment was ap- plauded. Council then adjourned till nine o'clock A. M. to-day. BEECHER’S RESPONSE. The Answer of Plymouth Church to the Invitation of the Congregational Coun- cil. i ve of tue suestiout aid Ue the ean F ° TIURSDAY, MARCH 26, 1874.—TRIPLE SHEET. THE COURTS. Trial ot Callender Still Going On. THE OTHER Get the Peremptory Mandamus Asked for, but an Alternative Writ. Charles Walton, who has been in Ludlow Street Jail for some months past on a charge of smug- gling cigars, was yesterday discharged on his own recognizance by Commissioner John A. Shields, The Charuck investigation touching alleged ir- regularities in connection with the last November election was tohave been resumed yesterday be- fore Judge Donohue, of the Supreme Court, Owing to the absence of Commissioner Uharlick, through illness, it was postponed till to-morrow. THE OCEAN BANK CASE. a Trial of Callender Continued—Evidence for the Defence. The further hearing of the case of Charles Callen- der, indicted for accepting @ bribe of $76,000, was resumed yesterday in the United States Circuit Court before Judge Benedict, TESTIMONY OF W. L, AVERY. Mr. W. L. Avery was placed on the stand. He stated that about thirty of the pamphlets were printed with this letter for the benefit of Kuhn, Loeb & Oo., who were to negotiate for a sale of the bonds in Europe. These pamphiets were dis tributed; a large number of them were bound up | before the etter to Kuhn, Loeb & Co. was written, | and the re: ing ones Were subsequently cir- culated with the letter included in them. Q. Why was the letter written? Objected to. A long discussion iollowed on an offer made by Mr. Fulierton to prove that when Mr, Callender ave tne securities to the Ocean Bank for the Joan e had every reason to believe that those securi- ties were good from all the information that had been communicated to him regarding them, Judge Benedict said that even if this was a loan the ah must convict the defendant if they be. heved that the loan was given him for the purpose of influencing his oficial action a3 bank examiner, Yesterday morning, at nine o'clock, was assem- bled in Plymouth church lecture room oue of the largest meetings ever held in that place, Standing | room was sought in vain by many. Every person | was inlused with excitement and enthusiasm, which | found audible vent at frequent intervals all through | the meeting, Mr. Beecher feeling constrained once | to say, “Spare your hands.” Mr. Eggerton was | appointed Moderator. The meeting openea with a prayer by Dr. Edward Beecher, who prayed that they might he enabled to do what was best Jor the | kingdom of God, that worldly desire might be re- | pressed, and that Christian influence might sway | their hearts and enable them to come to such | results as would add to the glory of the great | Redeemer, after which Brother Halliday stated | that there was a committee waiting trom the Council, and asked if they should be admitted. It ‘was moved and seconded that the committee suould be asked to occupy the platform and give any Communication which they might have, where- upon the committee, Rev. Mr. Smythe and Rev. Mr. Quint, were shown upon the platiorm by Mr. Beecher. Mr. Smythe rose and said:—We come asacommittee of the Council of Congregational | Churches to bring to you a message, and we hope it will be received as it is Intended, in a spirit of respect and brotherly affection. Personally | am a stranger to you; but it gives me some assurance | to know that my life has been well known by your | pastor, and he Knows by how many tgs we are bound together, and as 1% fell to me to’ offer the sonal feeling, and 1 am sure there was in the Coun- | members of this church, (Applause.) And I wish further to say that, in view of the importance of tus transaction, we wish it to pioceed in the light, aud we desire this message inter- is sustained by other churches, My brotuer will perhaps add a word. | Mr. Quint sa ‘From a certificate of an eccle- | Blastical council called by the Clinton avenue of ireedom whic! read the resolution of Plymouth church appoint- ing himseif and his colleagues to this important | @uty, and instructing them not to take any further | action on the pert of their church than to present | | this reply. He | mond to read the reply, which that gentieman did | pS | in a clear, professional voice, | Mr. Brown, of Harlem, moved to receive this | | document and place it on the records. After dis- | but I may be allowed to assert the love and affec- The | tion, as tar as 1 know, o1 the other churches to this. | cussion, however, it was laid on the table. | Council then took a recess Afternoon Session. On the reassembling of the Council, after some on the differences between the two churches _eand Plymouth church. He was glad that be had such a body to speak to whojcould hear and judge impartially, For months past the com- mittees of the two churches have borne a burden | of misrepreseotation and imputation to which they bad not vouchsafed a reply either verbally or in writing. They believed that their time would | come to state the facts as they understood them. | And whetner it ever came or not, we felt we were right and knew We were honest. This is said to be A PICKED COUNCIL, | It is picked in the sense that generals are | icked. Picked for their bravery and discretton. | t ls picked as lawyers are picked, for their ability. | It is picked as these reporters of the press are icked, for their intelligence and worthiness. | ve have tried to make the Council as impartial as we could make It. We have taken old men from ' oid churches, and young men from young churches, and men irom educauonal institutions and from the different proiessions. But it ts said to bea packed Council. You have heard this said in the very able paper you have listened | to from Piymouth church, which alter the com- | mittee had read they retreated, In thus allowing | your minds to be infinenced by @ document from another church not represented here, you have shown that you are not a packea Council. been said also that the Joint Committee corre- | sponded with delegates and churches, to ascertaui | how they stood, before inviting them. HK CHALLENGED ANY MEMBER spondence to rise in his place and put them now to an open shame. (A moment’s pause and,then a | round of applause ensued.) We did not engineer | the election of a single delegate, but kept aloof from these proceedings that we might not seem to prejudice their minds, | with bringing this Council together by a trick. 7 ter says:—"Then we are responsible without power. tha Ak was an. jumeruth, | We ae, not ak | tty ted pti tal sw cas | offence. i nt ch a post we are not absolute’ fools, a8 we should | for “who can. predict. what. further “deviations of eighty churches here to detect our trick. said, again, that we have a secret hostility to Mr, | Beecher. There is not a word of truth init. Ong of the pastors interested in calling this Coug yy) | was the first to meet and to WELOOME MR. BEECHER ON HIS COMING to this city, and the two were honored to stand up | With him @t thet supreme point in his life—his sil- | ver wedding with Plymouth church, This charge bas no basis except im the mind that a it birth, Why should we be hostile to | fr. Beecher and ischurcht They do not aifect | us. Are we jealous of the Tabernacie in New York, where his eloquent Brother Tayior gathers such large congregations? Or of the Central church of this city, where his good Brother Scudder ministers. He would as soon think of eing jealous of Yale College. It has been said | further—and this is the most intolerable of ali (he accusations against us—that we have veen trying to investigate a scandal which is past. But itshould be remembered that since October 31 of last year we could not do this. Plymouth eburch | a by its action, put beyond its pale the man who } CIRCULATED SLANDER | against ita pastor. Itis said that we have been | Magnifying 4 single case and making a great ado | about nothing or about that which t# of litue con- sequence. But 0! course It does not seem so to us. We have tried to do our duty amid a rainstorm of | abuse and vituperation and have not fincned, | Who are these committees charged with euch | things? They are the most grave men that you can Bnd tn either of the churches. Dr. Storrs here introduced the proceedings in Piymoutn church | on the evening of Uctober 31, when Mr. Tiiton a | peared, he said, nut repentant, but defiant Th surrounding | POPULATION OF BALD MOUNTATH | would be no more surprised should tt become an | American Ems than we were by this case, for it involved principles, und principies make any cause nove. Principles are all that eo eto has. Ite aie win We pripeipies and if you stab these au internal iemorrnage ensues trom which it must die. And if che pripcipies o: Plymouth chureb a8 exemplified tn this case are true, then Congregationalistn it goue to pieces. But, not be- Hieving this to be so, we heve gone on with this controversy Which the Lord bas sorced open as. I wisn it condd be understood, suid the tor, that this has been the moet puintu) passage in our lives, are id 10 be jealous we are | tuo strong to be unust. | Dr. STORRS then reviewed therefore called Professor Ray- | mittee Tepresentini | shall Lave a iavorable answer to our invitation. It has | was difficult know who were members of | Plymou' r | stand upon what grounds they are justified im imtert | We are charged also | With euen other. deatigns here--6.guege He | tion of discipline and a question ot teliowsh would not characterize this charge save to say | fe cae chureh to be entirely independent t Tauon, in which Dr. Storrs | prove ourselves to be to bring the representatives | trom __ orth Itig | dent church will undertal | have drawn uj | résumé of that already published. | | to say beiore the invitation, but having received | your Invitation to appear before your pastor and | | not willing to cover | chureh and the Church of the Pilgrims, it is re- | solved that Plymouth church be invited to present | its answer orally to the committee. I add thatthe | intent of the Council Was that the pastor and com- | this church should feel free to come to the Council in the same Christian freedom as tue churches which called the Council, Beyond that I supppose the committee has no right to say; (Applause.) The Council ts now in session at the Cnnton avenue church, and | earnestly hope we Mr. Beecher rose and offered tne following reso- Resolved, That all thanks be expressed to the churches which have so courteously presetited to us the resultot the Council, and this church, after instant deliberation, return a reply. Mr. Eggerton moved that a council of seven should be chcsen and permitted to withdraw and | consult, Which Was accordingly done, Brother Ray- mond, Brother Sage, Brother Gilbert, Brother How- ard, Dr. Edward Beecher, Brother Hawkins and Brother Garbett being chosen. Brother Halliday moved that the pastor should be added to the council, which was yoted unani- mously. Alter they had retired a statement of the case as presented by the two churches wus read, as jollows :— In October last charges were presented against a mem- ber of Plymouth church: wese charges were derogatory to the pastor ot this chareh; the member wits ealled. to explain, and he answered that tor tour years he bad not een an’ attendant of Plymouth church and did not con- sider nimsed a member. Then the church decided that his name should be dropped trom the roll, which was done, and the cour-e thus adopted was advocated. by the Pastor. Lhe course adopted becoming known, it was con- sidered oy other churches wo an," unpardon- able thing and thought the pastor shrunk trom investigation, and they felt impelied to ask for a private council, which was reiused. It went on to say thatit ymouch church, ag their connection with the church seemed #0 i easily broken; that the letter sent trom hurch seemed Cunning and abusive rather than ingenuous, and contained threats to. which they ould hardiy bring themselves to reply, and sup) such @ Correspondence could not be productive of & Christian spirit, it was dropped. The churches now find themselves in @ position where they requiie the counsel of an unbiased chureh, for out of this would arise many serious questions if the Congrevational churches are to Act in concert, it seems to them as if they should under- here are two Questions here—a ques: let- odor, Congregationalism | this | indepen- flonel practice many churches will preter to pregational ve many churches will preter to aaso- Glate witn other churches whic have detnite and un- deniable rights. Instead of a denomination of free yet dependent churches, we will have aset of moral ai ecclesiastical units, if it be admitted that meinbers may Witharaw atany time and a cuurch may do what ft | jember- kee then the Church will not bold together. ship |mplies something more than a temporary connec: | tion."” } Mr. King here said, as the council of seven were | yet ont, in order two take the bad taste out of our mouths, we will stng “Beecher.” Brother Halliday said as long as they had noth- ing better to do they would sing— My country, ’tis ot thee, sweet land of liberty. On the return ot the council Rev. R. M. Chand- Jer said:—"The committee have taken into con- | sideration the invitation extended to them, und Qn address and a resolution, of the church read, It was a | which the cler' Thus much, Mr. Beecher said, it was in our mind committee, 1 will say that we decline, jest we | should establish @ precedent which smaller churches might follow. We are not responsible for the errors in the calling of this Coancti and are them with our consent. (Applause.) Tt was voted and ananimously adopted that this | declaration of principles be adopted as the prin | ciples of Plymouth church. Then Mr, Beecher moved that the resolution just read and adopted be signed by the Moderator and | tue clerk of the church and transmitted to the | Council as the answer of Piymouth church, whieh | was cartied unanimously by a 480 vote, The lol Jowing Was also adopted :— Resolved, That Dr. Edward Beecher, Brother Sage and Brother Raymond be appointed as messengers to carry the reply to the Council, and upou delivering said reply fo Wke iho further avon on it Brother Raymond then moved that the meeting be adjourned to the last Friday evening precedii the first Sunday ip the month, which was adopted, and the large assembly dispersed joyfully and with handshaking recognitions. The possibility of a new issue of inconvertible paper I regard with amazement and anaiety, and, Mr. Fullerton—If he gave good and valuable security? dJadge Benedict—No matter; assuming tt to be a loan, and that the security was undoubted, if it was given for the purpose of influencing his offi. cial action the jury must convict him if they be- ae he took it with that view. Irule the offer ou ‘Tae witness then went on to say—My brother drew the prospectus and I wrote tne law papers therein contained, Q. Was it issued in good faith? Objected to, and question ruled out. Witness—Mysel! and my brother conveyed cer- tain lands to this company. Mr. Fullerton read {ro.a the evidence of Mr. Davis, the recetver of the Ocean Bank, showing that he haa testified that the company had no lands on which the bonds given by Valiender as coliaterai to the Ocean Bank were a lien, and he proposed to show by the witness on the stand that that tement was incorrect, and that the com. pany had 200,000 acres of land at that time. - Judge Benedict said he would allow the fact to be proved by the witness, {i he knew it; by some- body who knew the fact of possession of the land. Witness—I was not present when all the bonds were issued; I drew the deed and prepared the bona tor the third mortgage; heard Mr, Frost's testimony as to there being an overissue of the third mortgage bonds and that the thing was a fraud; there Was no Overissue; never heard that there WAS aN overissue of those bonds except trom Charles L. Frost and Theodore M. Davis. Q, When did you first hear that there was any question us to the titie of the lands? A, I think It was in the winter of 1872; I know all about the value of the bonds of the Chicago and liltnois South. ern Ratiroad Company; this road was formed by the consolidation uf two otner railroads; it bad subscriptions to its capital stock 01 about $900,000, suid to be covered by the mortvage; 1 issued the bonds with Mr. Conant lor the construction of the road, which ran through a rich farming country. At this stage of the proceed! Mr. Puray inter- rupted the witness, and Mr. Fullerton said the value of the testimony now being given was de- royed by tuese interruptions. He caliedupon the Court to stop them. Jndge Benadict said the in- terruptions were improper and should not be in- duiged in, The witness said he told Mr. Callender that the bonds were good; negotiations were going on for | preted as putting this church in the same relation | tne sale of them at the time of the Chicago fire; | the President of the Ocean National Bank Knew of Uhese pending negotiations; as to the Suilivan, Decatur and Matoon Railroad, thirty-two miles of the road had been completed and laid with tron; bonds were issued to the witness and his partner jor the construction of the road. ‘The witu #38 was cross-examined at considerable lenytn by Mr. Purdy in relerence to the value of the lanus, the value of the bonds and the solvency of the withess at the time his name appeared us endorser upon the notes Which had been lodged as collateral for Vallender upon the loans received by the latter trom the bank. In the course of the ex- amination there were some lively tilts between the Couvsel for the prosecution and Judge Beneatct; the latter stating that the interruptions and re- marks of counsel were uncalled for avd improper, and that, perhaps, he might be called upon to teach counsel what his duty was and how much he ‘Was out ol order. TESTIMONY OF PROFESSOR PUMPELLI. Mr. Pumpeili, Professor of Mining in Harvard | College, deposed that in 1867 and 1863 he was on the iron ground of the Port: went on nearly every square mile of the iron land and on many sections of the pine iands; made iwo reports to the company, and these are embodied 1n the prospectus; the lands, in his judgment, are valuaole, ag stated in the report; Dr. Creduer as- | sisted him in selecting the iron lands; he is now head of the Royal Geological Society in the King- dom of Saxony, aman of very wide experience ; y ee 1872, made another examinauon of the nds. Mr. Fullerton offered to show that the lands had then improved. Mr. Purdy objected to the offer, as the time in- dicated was alter tue iailure 01 tne bank. Witness—I made an examination o/ the lands in 1872; my examination then confirmed me in my previous judgment as to the value of the lands. ‘The further hearing of the case was adjourned till this morning. LUDLOW STREET JAIL SUPPLIES. The Bill of Ex-Warden Tracy~An Alter- native Mandamus Allowed—Opinion of Judge Brady and His Reasons for Not Granting a Pre-emptory Writ. Ex-Warden Tracy’s long protracted endeavors, through the channel of court litigation, to get bis bill squared up for supplies jurnished during the last seven Montlis previots to December, 1870, does not seem to be attended thus far with any positive suc- cess. His original bill for the time mentioned was some $28,000, of which he was paid about one-hall, and though the Board of supervisors nad audited the bill and pronounced it all right, no further | payment was made, on the ground of there being o appropriation to coverit. Upon this applica- tion was made to Judge Brady, in Supreme Court, Chambers, for a writ of peremptory manaa- mus against County Auditor Earle to audit the bill, and against the Comptrolier to pay it. Judge Brady gave his decision in the case yesterday, em- bodying the same in the following opinion :— OPINION OF JUDGE BRADY. The audit by the Board of Supervisors of the claim as a county charge will not have the legal effect of tt 3 it one, whether it be so or not, Such @ proposition would not be entertained for a moment. What are and what are not county charges are settled by law, and when the Board of Supervisors determines the amount of the debt due from the county, resulting from services rendered or govds furnished which reiate to a county charge, their flat is conclusive, inasmach as they act judicially, (Brown vs. Green, 46 Howard, Practice Reports 302 and cases cited). Whetaer ‘the relator’s claim is within the term county charge depends upon tacts, and whether it should have been audited, assuming it, although it is other- wise averred, tobe in its items in just and true, are questions which he should an opportunity to present for examination, seems thay at common law the Sheriff was not bound nof were the public authorities under any obligation to provide the debtor in execution with meat or drink. He ought to live “om his own goods, ard if ne have no goods he shall live on the charity of ners” (Dive vs, Manninghan, Piow, 60, and cases cited,’ per lontague, chief Justice), and this rule was expressed by the Legisiature when, by ehactment, it was declared that “whenever any person shal: be ar- rested by virtue of an execution u} any judg- ment rendered in a court of record, he shail ve safely kept in secure custody in the nner pre- scribed by law, at his own expense, until be shall ‘satisly such execution or be discharged according wo law.” (3 KR, 8, 6 Ed. 669, sec, 105.) Whether ‘the rule extends to prisoners on mesne process it May not be necessary now to inquire, although it ‘would seem to be more opriate to that class, ‘The su the act of the Legis- lature “lor the supporto! prisoners in the County Jail" (Laws of 1870, page 877), Was & gratuity by the opie in contravention, perbay , OF the common jaw and the statute already cited, which were in in my judgment, such an issue would be a deri- tue @uestions upon | ment and a shame.—CusnLes SuMNEB. harmony and against the policy adopted. | it may be that the amount thus given— | vid. $05.000—Was lor the support COURTS. Ex-Warden Tracy's Little Bill-He Does Not fe Lake Company; | those without means, and therefore anable to Gapply teu, own wants. it is not impossible that view will be ultimately accepted as a proper interpretation of this and similar provisions, However this may be, tt seems tuat the appropria- gratuity, and when exhansted—the obli- ‘tion to apply it as directed having been made— Guties connected with ii or created by it cease. Uned for the purpsee sesigued, as ies alleged, no jesigned, as claims resting upon supplies n to prisone!s in So a a] nty. was 0 which, it Moule be paid. The fund alone HH oy the liability. it seems also that such a claim, not being valid, no further legis- lation of » character providing 1 claims ainst ie col availiable to the relat He 1 Not, tt seems, @ creditor. aim should be re- ferred to by special mention and thus recognized. There are no stutatory laws in conflict with these views, Tbe section um reference to prisoners (ist KS. 4th ed., 941, sec. 8) applies to those to be tried for criminal offences and under sentence. They mast be suppited with wholesome food at the expense of the county. It 1s not neces- sary, notwithstanding these views. lo deny this motion, { have only suggested the difficulties that must be overcome, perhaps, betore the relator may demand his ment irom the county, and, in order to have all the questions properly tried and disposed of, an alternative. mandamus may be ordered and all necessary issues, as well on his bebali as on behalf of the county, can be /ramea and decided. Ordered accordingly. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Important to Members of Workingmen’s Benevolent Protective Associations. Before Judge Donohue. A case of special interest to all members of trade unions and the multiform protective benevolent workingmen’s societies with which this city abounds came up for argument yesterday in this court, In November, 1870, James Doyle recetved notification trom the ‘“Benevoient Society of Operative Masons,” of which he was a member, to quit work, en the ground that he was working below society rates. Thia not being the case, he paid no heed the notice, but kept at his work till December 20, when, while at work, his hand was 80 injured ag to disable him jor labor and make a partial cripple of him ior life. Meantime he had explained the charge against him of working for under pay and was to have submitted an affidavit in the case when he was prevented trom doing go by the accident. He gave notice of the accident, however; but no visiting committee sf s = was sent to see him, and on subsequently applying for his $6 @ week dues he learned that he had deen expelled trom the soeiety, Through Mr. Matthew P, Breen, his counsel, application was made for an order compelling the ‘society to rein- state bim and pay him benefit dues. Mr. Breen insisted that a3 a matter Of law no man could be expelied from a association, in the funds of which he had an interest, without a hearing, and, further, that any resolution of expulsion without an opportunity o! defence must be rescinded. Ex- District Attorney Garvin, in opposition, claimed that the society had acted simply upon the tacts be- jore it. It was no matter to them what the reason Was why Mr, Doyie tailed to submit the affidavit required oi him. The iact was he did not and his expulsion was regular, ment Judge Dunohue took the papers, reserving his decision, Decisions. By Judge Barrett. The E. Petroleum Company vs. Lacey et al.—Or- der granted, By Judge Donohue. Grin vs. Longshoremen’s Union Protective As- sociation, No. 3.—Motion denied, and temporary injunction dissolves By Judge Lawrence. Kamp vs. Kamp.—Order granted. Reading vs. Reading.—Keport confirmed and judgment of divorce granted. SUPREME COURT—SPECIAL TEAM. Decisions. By Judge Curtis. Smith vs, Thompson.—Motion to discontinue granted on payment to pene attorney 01 the Fed allowed plaintuf by the 307th section of the ode. Morgan va. Halladay.—Motion to vacate attach- ment granted. Costs of motion to defendant to abide event of suit. » Moore va. Moore.—Referee’s report confirmed. | Divorce granted to the plaintiff anu also custody of the children during their minority. COURT OF COMMON PLEAS—SPECIAL TERM. Stock Transactions and Objections to a Reference. Before Judge Larremore. In 1872 Langton Osborne tried his luck at stock speculation and employed Henry Clews & Co. as his stock brokers. He leit with them a large quan- Uty of securities asmargin. At leagth Clews &Co. sent in their account, showing an indebtedness to them by Mr. Osborne of $84,025 22 To this the | latter objected and set up a claim o! usurious | interest. | got tnto the Court where it is now, Mr, Osborne asked ior a reterence, to which Messrs. Clews & Co. objected. Upon this application Judge Lawrence yesterday gave his decision as follows :— “A compulsor, this case. ‘Ihe complaint cuarges that several items of defendants’ account are false, erroneous and improper, and that the rates of interest in | many particulars are usurious, The delendants Set up a special argument upon the existence and of Macgowan vs. sinciair 18 an autnority for the the final determination of the action; but the is- sues raised by the pleadings as to the special con- tract suould first be disposed of” Decisions. In the matter, &c., Fleming.—Reference ordered to hear and report. | @ renewal on productivn of releree’s certificate. Salisbury vs. Valentine,—Motion for receiver granted, nied without prejudice to a renewal, upon direct proo; that new bail has been accepted. | Lang vs. Schmidt; Pfister vs. Same.—Applica- tions granted, The People ex rel. Stockwell ys. Earle.—Per- emptory wandamus dented, (see decision.) Sheehy vs, Tomlinson,—Case settled on default. McGiehan vs. Ward.—Motion denied without Prejudice ; $10 costs. Equitable Life Assurance Society of tne United | Staces vs. Conger.—Report of reieree confirmed. | Hamilton Odell appointed to sell. COURT OF OYER AND TERMINER. Two Alleged Swindlers Who Do Not Like the Situation—The MacGregor Case— The Purvis Murder Tria! Before Judge Brady. On the reassembling of this Court yesterday | morning the court room was crowded in the ex- | pectation that some important case would be | taken up for trial. In this regard the throng in at- tendance was disappointed, Some matters ot pub- lic interest were, however, brought forward for | Judicial notice. The first case to which attention Was Called was that of Edward A. Evans and Edward Harley, who were brought into court upon | Writs of habeas corpus, procured by their counsel | Mr. Wiiliam F, Kintzing. These men it appeared were recently committed by Police Justice Murray to answer a charge of conspiracy. As Mr. Kintzing stated the case anadverusment was pub- lished in a newspaper tor a collector in a wholesale liquor house, and among the respondents was Frank Drought, a fresh arrival trom the rural dis- tricta. He called at the place specified on First avenue, saw the two gentlemen named above, | talked over the matter and finally arranged to | | enterinto their service for $16 a week, with a | promise of increase of salary at the end of a month. AS @ guarantee lor his honesty he was required to deposit ip their hands $400, which he did, receiv- ing 1 return their note providing for the repay- ment of the money at any time on thirty days’ notice. As he was given nothing to do, and seeing the same adveitisement repeated, he sus- pected something wrong, and, vot being paid back his money on demanding it, caused the arrest ol the two men, with the result as al- | ready stated. | Mar, Kinvzing asked first that the men be dis- | charged, claiming that tuere had been no viola- | tion of the agreement entered into between the | parties, and that the proper remedy was by a civil 8 att. Assistant District Attorney Allen, in opposing the application, stated that the District Attorney had received iniormation that these men had been | engaged in this kind of business for some time ang playing on the unsuspecting, | Mr. Kintaing, after au intimation from Juage | Brady that on the damaging statement made by | Mr. Allen he could not discharge, asked a reduc- tion o1 thetr ball. Mr. Allen opposed this, saying that thetr case would at once be laid velore the Grand Jury and ety wial assured. Judge Brady virtually reduced the bail one-half by allowiug the Commissioner to justify only in the | Amount of ball, which wad been fixed at $2,000 | Cach, instead of twice the amount, as is usually the case, James G. MacGregor, ex-Superintendent of Bulidings, was arraigued for defrauding, by means of false payrolls, and, through bis counsel, eX- Judge Dittenhoeser, pleaded not vhf ‘The triat of James Purvis, indtcted for killing, & colored man last January, Waa, at request of: Mr. William F, Howe, ms counsel, set down for next | Luesday. | TOMBS POLICE COURT. | A Swindier Caught. Before Judge Bixby. Dorephus G. Simmons Was arraigned on a charge | of obtaining @ quantity of tron, 4s., from the only of | American Manufacturing Company on iaise pre- | missed. At the close of the argu. | In the most natural way the matter | refereuce shouid not be ordered in | validity of which the wodie case turns. The case | defendants. A reference may be necessary betore | Miller vs. Sauter.—Denied, without prejudice to | The People, &c., vs. Geoghegan.—Application de- | tences. On the ist of February, {t 1s averred, Si pera gs Nae can Manufactu: v1 + a “ sented himaelf as Mr.-O'Day, the orm of oF ay & a, Foe. 641 and 543 Washington atree Simmons at that tme agreed to buy a quantity of sorap iron and steel, amounting in value to some $200, The tron was delivered to him and charged to the account of Ig & Higgins. When the swindle was discovered Detectives Von Gerichten and Williams were put on the track, and Dorepnus Simmons was arrested. Juage held nim in $3,000 bail to answer, SEFFERSON MARKET POLICE COURT. Henry Bergh in Court Once More. Before Justice Kilbreth. * Mr. Henry Bergn 8nd his assistant, Alonzo &, Evans, appeared in Court yesterday and preferred a complaint against one Richard Hargrave, charging him with keeping @ cockpit on Second enue, between Sixty-second and Sixty-third streets. A many sport men were in Court and manitiested @ lively interest in the pro- ceedings. The evidence of Evans was plain and conciae, stating simply that he found a regulur cockpit on the premises, with about thirty birds ready og action, Hargrave was held in $1,000 bat for trial. COURT CALENDARS—THIS DAY. Supreme CovrkT—CHaMBeRs—Held by Juage Dowonue.—Nos. 05, 10, 19, 40s 40, 87. 60, 87. 89, 90, 94, 116, 116, 119, 12034, 128, 125, 145,'154, 159, 174, '218, 228, 231, 235, 248, 260, 261, 262, 255, SUPREME COURT—GBNERAL TRRM—Held py datges Davis, Daniels and Westbrook.—Nos. 30, 180, 181, 182, 1584, 40, 160, 169, 185, 186, 187, 188, 189, 168, 190, 191, 192, 198, 194, 195, 196, 197, 198, 199, 200, 201. SurREME CouRT—CikcUIT—Part 2—Held by Judge Van Brunt.—Nos. 1588, 2072, 90, 1996, 2000, 2002, 2004, 2008, 2010, 2012, 2014, 2016, 2020, ter) 2038, 2042, 2044, 2056. Part 3—Held by Judge Lawrence.— Same calendar. SUPERIOR COURT—THIAL TERM—Part 1—Held by Judge Monell.—Nos. 653, 731, 1647, 15534, 771, 162, 687, 479, 659, 549, 663, 759, 713, 625, 608, Part 2— Hela by Judge Freedman—Court opens at eleven 1 1» , COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Loew.—Cuse on. MaRing Court—Triat Tkem—Part 1—Held b. Judge Spaulding—Nos. 4468, 3927, 2105, 3653, 3604, 3672, 3874, 3682, 3684, 3688, 3690, 3696, 3698, 3700, 3699, Part 2—Held by Judge Shea.—Nos, 3321, 3309, 8475, 3369, 3479, 3541, 3529, 3585, 3459, 3499, 8003, 3607, 3611. Part 3—Held by Judge gen. os. snd 3808 3813, gost 1422, 1750, 4607, 4754, 4493, 4662, 4167, 4454, 421, 42 Count OF GENEiAL SRSSIONS—Held by Judge Sullivan.—i@ People ys. Herman Leldendort, felonious assault and battery; Same vs. John Darcy, telonious assault and battery; Same vs. Christian Mayer, Jelonious assault and battery; Same vs. Michael Rupert, felonious assault an battery; Same vs. Frank Gorman, felonious as- sault and battery; Same vs. Stefano August, felonious assault and bettery; Same vs. Jumes O'Brien, burglary; Same vs. George Howard, George Townsend and James Tynan, grand lar- ceny ; Same vs. Sarah Cline, Kate White and Caro- line ' Ruth, grand iarceny; Same vs, Thomas Rogers, grand larceny; Same vs. Louis Poet rand larceny; Same vs. Thomas Walker, gran jarceny; Same vs. Frederick W. Adams, grand larceny; Same vs. Gilbert McLoughlin, Thomas | Price, Patrick McMahon and Nathan Gabriel, petit larceny from the person; Same vs. Wiiliam Som- erville, forgery; Same vs, Charles Duffy, forgery; Same vs. Kdward Smith, assault and battery: Same vs. Edward Cox, larceny. COURT OF APPEALS CALENDAR. ALBANY, March 25, 1874. The following is the Court of Appeals day caien- dar for March 26:—Nos. 188, 139, 109, 75, 134, 141, 142, 143. BROOKLYN COURTS. SUPREME COURT—SPECIAL TEAM. Fraudulent Real Estate Operations—Es- caping Prosecution by the Statute of Limitations. Before Judge Gilbert. An important decision was rendered by Judge Gilbert yesterday in the case of Cornelius Dubois, Jr., trustee, against William ©. Barker and others, which involves property to the value of about $100,000, The plaintit, who is guardian of Mrs. B, 1. Barker’s infant children, brought suit to recover certain property, claiming that the title was void in consequence of fraud, although it was vested in defendants, ‘The facts ol the case appear to be as follows:—The deiendant, Barker, in 1856 conveyed to 5. P, Townsend certain real estate in Brooklyn, and two years later the latter conveyed tne property to Beulah T. Barker, the defendant's wile. She died in 1851, This conveyance to her | had never been recorded. Mrs. Barker bequeathed | all ber property to her husband in trust lor thier two children, und the willand the unrecorded deed came into his possession. The deed was recorded | five years afterwards, the name of Mrs. Barker being erased and that of Edwin Schwerin substi- | tuted, Mr. Barker marriea again, his second wile | being Ellen D. Dubois, the sister of the plaintit, | Mr, Schwerin then conveyed the property to her, and she gave Mortgages to the amount of $60,000 | on it, for the purpose of enabli her husband to build. ‘the interest on the meprepence not hav- | tng been pald, they were foreclosed, and the prop- erty passed into the possession of other hands, who in turn disposed of it, Barker then Hae | on the scene with his first wiie’s will, bad it ad- mitted to probate, and instigated Dubois to bring | this suit to have the conveyances and morigages | set aside on the ground that the title of Barker's second wife was frauduient, ‘The case wus tried betore Judge Gilbert, without & jury, and yesterday he rendered his opinion, deciding that there must be judgment for the deiendant, with coats and allowance of five per cent on the value of the subject in- volved, to be distributed among them prorata, A clause will be inserted in it declaring the rights of all parties in conformity with this opinion, and di- | recting proper conveyances and assurances to ve made to elfectuate the same. I! the parties can- not agree it will be referred to Augustas Ford to certain and report the right and interest of the ‘ties respectively, and all questions not already disposed of are reserved unttl the coming in aud confirmation of his report. UNITED STATES SUPREME COURT. ceteaia Decisions. WasHINGTON, March 26, 1874. No, 212, Stevenson vs. Williams et als,—Error to | the Supreme Court of Louisiana.—This was an ap- plication for the removal of the cause to the | Federal Court, made after final judgment rendered in the case, The Court below ruled the motion too late, and that decision is here aftirmed, the Court holding that the act of Congress of March, | 1867, under which the removal was asked, only au thorizes & removal when application is made be- fore the tinal hearing or trial of the suit; and that this Clearly means before final judgment in the | Court of original jurisdiction where the suit is | brought. Whether it does not mean still more, before the hearing or trial is commenced, wht 1s tollowed by such judgment, say the Court, may be questioned ; but it is unnecessary to determine that question in this Court, Mr. Justice Field de- livered the opinion. No, 217. Murray vs. Raphael—Error to the Cir- | cuit Court for the District of Georgia.—This was a2 | action ona paper acknowledging to be due the de fendant in error @ certain sum, and promising | to pay the amount when the crops were made, or | as soon asthe money could be obtained trom | other sources, but xing no time jor payment Jurther than these alternatives would indicate. | that cois paper proved a specu | that this paper proved @ special agreement which Was still operative, and that bare such, the! could ve bo recovery upon it, and instructed the jury that it was not such an agreement, and | directed a verdict for the plaintim. The judgment entered on this verdict was here affirmed, the Court holding that while the paper was not in sub- stance a promissory note it stil did not contain conditional promise to pay defendant upon eit) of the alternatives mentioned; but presented a case for payment within @ reasonable time, ana such reasonable time having expired, tue in- | struction was proper and the recovery legal. | Mr. Justive Swayne delivered the opinion. | No, 224, Merchants’ Mutual Insurance Company vs, Barring BrotheraError to the Circuit Court of Loutsiana,—In this case the imsurable interest on @ bottomry bond on the panne Heendacaler; and as the vessel arrived | at the port oO: destination, New Orleans, the | Court was requested to charge that the arrival terminated the risk, and there couid be no recov- | ery; that tt is only Wi eu the vessel insured Is lost {hag the assured on @ bottomry bond can recover. ‘The Court waa also requested to charge that the company was not bound to tender back the premium of insurance before availing itself of any defence against the validity of the policy, or for its avoidance for subsequent cause. The refusal ot the Court to make these charges “4s here assigned ag error, and it was contender, that in a case ot tial loss and general average the holders of the orwomry interest could not recover, The Court sustained the ruling below and nold that the assured were entitled to recover. Mr, Justice Clifford delivered the opinion. No, 225, Head ys. The Curators of the University of Missouri.—This was an amrmance of the judg- ment of the Supreme Court of Missouri, sanction- ing the removal of the plaintufin error trom a pro- | fessorship tn the University. Mr. Justice Hunt de- livered the opinion. No, 285, Stanton et al. vs, Steamboat Dick Ful- ton—Appeal from the Circult vourt of the South ern district of Missoari,—The Chief Justice an nounced the aMrmance of the decree In this cause, WIth Costs. No. 261. Alien vs, Tarleton et al.—Error to the | Supreme Court ot Louisiana.—Writ of error di> agreement which