The New York Herald Newspaper, April 16, 1874, Page 13

THE COURTS. The Templeton Wife Shooting Case--- A Plea of Insanity. BERGH AND THE STREET SALTERS. Interesting Question Raised as to the Powers of the Board of Health. BUSINESS IN THE OTHER COURTS. Verdict Against Police Commissioner Charlick— : Interesting Life Insurance Case—The Painting “Grant and His Gen- erals’—A Travelling Clock That Would Not Go. In the United States District Court yesterday, im the case of the United States va. E. R. Whitney, tried before Judge Biatchiord and a jury, there Was a verdict jor the government by direction of the Court for $141 94, gold. The defendant had im- ported in July, 1872, about 713 bars of iron, on which he paid duty to the amount of $26098. Ona subsequent appraisement and liquidation by the Collector the value of the iron was increased and the action above stated was brought to recover the difference in the amount of duty. In the United States District Court yesterday the case of the United States va, Louis Mersmann ‘Was tried before Judge Blatchford anda jury. The dejendant had been second lieutenant in Company B, Forty-ftth regiment of New York Volunteers, and it was alleged by the government that he had twice drawn his pay for the months of January and February, 1864. The amount of this pay was $204 72, and the government sought to recover back this amount. Mr. E. H. Smith, on the part of the government, offered in evidence the payroll of the company, showing that the defendaut had drawn his pay for the first six months of the year 1864, and had signed the roll as having received that pay. Coun- sel next produced a payroll for the months of Jan- uary and February, 1864, stating that the defend- ant’s name was signed toit as havingbeen paid Jor thege two months, The defendant, on looking @t this roll, pronounced the signature of his name to itasaforgery. He had received an advance of $120 froma Mr. Krall, of Wall street, who, he be- lheved, was a broker; but he had paid him back, having sent him the money from the country by the Adams Express. He never saw Mr. Krall belore, and could not tell if he had any authority asa United States officer to pay money. Mr. Furlong, on the part of the defendant, moved to dismiss the case, Judge Blatchford directed the jury to find a Verdict for the defendant, which they accordingly did. ¢ Francis Redina, an Austrian sailor, appeared be- fore Commissioner Shields yesterday and com- plained to him that he had been cruelly beaten by the second mate of the Austrian brig Mary Faumy. The complainant stated tnat the second mate had Strack him several times and knocked him down, The Commissioner told Redina that he had no power to deal with the matter, and referred him to the Austrian Consul. The complainant said he ‘would go to that gentieman at once, and ex- Pressed a hope that he would receive immediate redress. Mr. Susman Lewenstein was summoned as a Juror in @ case to be tried before Judge Larremore, in the Court of Common Pleas. He failed to putin @0 appearance, and was fined. On coming into Court he explained that his watcn had stopped, and be had consequently failed to take proper note oftime. The Judge remitted the fine, which pos- sibly may open a broad avenue for similar excuses in future, Juuge Lawrence, in Supreme Court, Chambers, yesterday gave a scathing rebuke to lawyers in regard to the mass of papers passed in having lit- tle or no relevancy to their cases, He intimated that they might as well pass up the Revised Code. The suit brought by Mr. Lucas Thompson against Alexander Lumley for $50,000 damages for alleged malicious prosecation, which has been on trial for several days in the Court of Common Pleas before Judge Larremore, resulted yesterday in a dismis- sal of tne complaint. ALLEGED ATTEMPTED UXORICIDE. Trial of Duncan D. Templeton on a CRarge of Trying to Kill His Wife— Plea of Insanity Set Up as the De- fence—Sad Story of Domestic Disagree- ments—Case for the Prosecution Closed. Duncan D. Templeton was yesterday placed on trialin the Court of General Sessions, Recorder Hackett on the bench. He is charged with shoot- ing at bis wife on the 15th of last November, in Eighth avenue, near Fourteenth street, with in- tent to kill her, It will be remembered that the Occurrence created considerable excitement at the time on account of the social standing of the parties. Numerous frieuds of the complainant and the prisoner were in at- tendance, Assistant District Attorney Rollins conducted the prosecution. Mr. John D. Townsend represented the prisoner. who, during the exami- nation of jurors, stated to the Court that the defence would be insanity. There was very little delay experienced in obtaining a jury. Alter they Were sworn Mr. Rollins briefly opened the case, Stating that the indictment contained two counts; one charging an assault with intent to kill, and the other an assault with intent to do bodily harm, ‘TRSTIMONY OF MRS, TEMPLETON, The first witness called was Mrs. lda Maud Teme Pleton, the wile of the prisoner, wno said that on the 15th of iast November she was walking in Eighth avenue, near Fourteenth street, when she Saw the prisoner, whom she had not seen ior three ‘weeks; he was on the opposite side of the street, about to go into a liquor saloon, when he recog: niged her and approached, saying, “Ida, won't you come back and live with me? {| know 1 have abused you, ill-treated you and have not supported you, but if you come back I willsupport and take gvod Care of you,” The witness replied, “No, Dun- can, 1 never can go back and live with you.” Some one in the crowd called for an officer and a crowa fathered; the officer came, and ‘templeton Stated to him that his wile had left him and he wanted her to come back and live With bim; tue ofMicer replied that this was too serious @ matter to settle there, and tnat he would have to take them to the station nouse; the officer remarked to the witness and the prisoner that they might consider themselves under arrest; the policeman walked on her right side and Teiwpleton om ber leit, he pleading for her to come back and live With ...m; tne prisoner then leit her side and Went back of her und the policeman; ste turned her head and could see by his movements that he was going to draw a pistol; she said to the officer, “Look out for this man; he 1s armed; he will snoot me; Templeton continued asking her to come and live witn him; she sald, “No, you have outraged every feeling, and 1 never san live with you again;” he then said, ‘Damn you, take tnat, then,’ ‘and shot her.” Some one caught her in his arms and con- Veyed her tu a drug store, where she was attended by Dr. Roof, from whence she was conveyed to rs, Kinney’s, West Fourteenth street, where oh her mother boarded, A ball was taken jrom the complainant's neck by Dr. Sands, which was embedded in the jaw bone, Tne occur- fence took place about a quarter to ten o'clock in the morning, 's. Templeton was cross-examined At ength by the prisoner’s counsel. She stated that she had been married to him two years ago, that he was av engineer, and practised lis pro- fession at Stamiord, White Plains and New Rochelle; that Mrs, Kinney was walking with her at the time oi the shooting, and that soe did not notice anything in his manner ditferent from the ordinary Way he treated her. Several letters were exhibited to the witness, which were mailed to the prigoner irom Washington, some of which she Identified. The witness turther testified that the Ee said he would ‘follow her until he saw her THE OFFICER ARRESTING IEMPLETON, ‘The next witness was ofticer Jonn Gallagher, who was called upon to make the arrest :—1e pleton said, **1'nis is my lawful wite, and I want go with me; she is living in a house of til-fame; she bas gone away from me and I want to come back and live with mo;’’ she also said, 3 my lawial husband and I want him taken Y irom me ;’’ the oMcer said that the place to settle that yas the en irerear tai While proceeding with em up enue, Templeton, who wi much excited, called her “My ‘eur, Tove, im, honey won't you come back and live wi 5 3 | sult for her for the amount, and the case came to | trial yesterday in this Court, Mr. A, B, Copeell ay NEW YORK HERALD, THURSDAY, APRIL 16, 1874--QUADRUPLE SHEET. will treat you so good ?”” she said she would not go back; they continued to walk, when the prisoner whispered, ‘My honey, wont »ou come back?” she said, “No; my pretty face can get me more money than to go back and live with you;’’ the prisoner said, ‘fake that,” and fired the shot; the officer took the pistol from him and produced it in court; he thought, from his talk and manner, that Templeton was crazy. THE DOCTOR ATTENDING MRS, TEMPLETON. Dr. 8. W. Roof, who jumped off a car when he saw the shooting, testified that ne went into a drug store and examined Mrs. Templeton; he saw that the bullet entered the left cheek and lodged in the lower jaw; he subsequently assisted br. Sands in extracting it; the wound ne considered a serious one. ‘The above testimony closed the case for the prosecution. The Court then adjourned till this Morning, When tue defence will be opened. SALTING THE STREETS. Wea Bergh’s Trial of Solemn Import and the Singular Anomaly It Has Developed— City Railroads and the Sanitary Code— Doctors Disagrecing as Ever. Politicians who have bothered their brains about tax on salt, and who have been greatly given to unstable speculation without any solid statistical basis to work upon, might pick up some valuable information on the subject of salt if they would attend the trial still in progress before Judge Brady in the Court of Oyer and Terminer, wherein Mr, Bergh, the humanitarian, is striving to con- vict six employés of the Third Avenue Railroad Company of a very grave offence tor salting the streets. Captious persons may, if they will, take this cum grano_ salis, as they are apt to take many things; but certainly the trial, as it has so tar progressed, has developed some curious features. It presents, according toa point raised by Mr. A. Uakey Hall, counsel for the railroad company, the remarkable anomaly of the Legislature delegating to the Board of Health the power to create a crime, which, in case of indictment and conviction, and the party convicted being sent to prison, cannot be found designated in any State statute. Judge Brady ruled against the people for the express purpose, he said, that in case of conviction in the presemt instance it might be carried to a higher Court and there passed upon. Speaking of tue Board of Health, another jeature, a8 will be seen by tne re- | port below, was two members of this board swear- ing that salting the streets is not detrimental to the pubic health, and this right in the lace of the strong testimony submitted by the prosecution | on Luis point. Aitugether, mudeed, it is an inter- | esting trial, taken {rum whatever point o1 view, and it is furthermore evident that the public takes @ great interest in it from the fact that yesterday the court room was crowded to its utmost capac- ity. itis barely possibie, of course, that a great many came to see Bergh and some to enjoy tue brilliant set-to’s between Mr, Hail and the counsel im opposition, Mr. Gerry, Mr. Bergi was there. looking as chivalrously grave as Dou Quixote, aud both counsel Were on hand, but so pertinaciously serious was the prosecuting advocate and with gach pretence of sulemnity did the deiending coun- sel conduct his case that it was exceedingly ditti- cult to draw the distinguishing liues between the genuine and the mock gravity. ‘rhe first imteresting testimony was that of Dr. Sayre. He told how his attention was first called to the subject of salting the streets by seeing | horses standing 1D @ sult pool and alteruateiy changing their eet; he inquired and found the cause of this curious action—the intense cold produced by melting snow with salt; just alter, he was Called in to attend Captain Reid, a hale and hearty man, Who in crossing one o1 these | salt poois had his ieet irosted and ultimately died irom this cause alone; following out bis toquiries he found a connection between the prevalence of dipbtoeria and saltea streets; he showed, by a fa- | miliar experiment, the intense coid pro- duced by iiquefying ice or snow with salt. On cross-exaumination Dr. Sayre spoke of the ditference between dry and wet cold. In crossing | the piains, woen the snow was ten to fifteen jeet | deep, the wind blowing and the tuermometer very low, he had felt the cold less than in a salted street, where the horses broke tue mud and the snr ater stood liquid in the street. He ex- plained at some lengta tue diferent etfect upon a horse standing on snow with the inseusible part of the hoof, and standing in a freezing mixture covering the nool tll the sensitive parce were at- tacked by trost, Lr. Charles O, Grice, veterinary surgeon, testified that the liquid suow and salt must have an in jurious efiect on horses, by lowering their vitality. “How long have you been in business in this city?’ asked Mr. Hall in bis cross-examination. “Korty-our years,” answered tue’ veterinal surgeon. “Aud how many horses have you seen in that time whose hoofs were injured by these salt pools? “Not one.’? “You 10 go down.” Mr. Bergh testified that the winter belore last every secund horse had his teet bound up, the con- Sequence, a8 numerous persons admitted to him, of the horses standing in the salted liquid. Thé witness here pecans @ paper containing drawings of swollen hoofs, which he said waa the condition caused by the salty slush, On cross-examination it appeared that the wit- ness had no personal knowledge on the subject. | He was there‘ore witudrawn, Officer Evans was next called, but he could only testity to what the owners o: the horses told Lim. Emuions Clark, Secretary of the Health Board, was called to prove the adoption of the Sanitary Goda, wren the violation o1 wich defendants are | charged. Mr, Hall entered a protest against the evidence, on the ground that the misdemeanor was createa and promulgated bya body of men to whom the Legislature delegated the power to do it. The Constitution says the lawmaking power in this State snali remain vested in the Legislature, and the Court of Appeals has decided that the Legisla- ture cannot delegate its power. The courts have i always been care.ul to limit indictment and punish. ment of a citizen to violatioa of statute law. It Was a dangerous power to delegate. The Board | might make it a misdemeanor to smoke a cigar in the street or spit on toe sidewalk. Judge Brady said he proposed tu make this a test case, to ascertain whether the Legislature could delegate such power. The Board do exer- cise extraordinary powers. They can walk into a man’s house and close it up for instance, if they fina it infected, and it was necessary for the public | health that they should have this power. The de- fendants could appeal. The defence was opened at three o'clock by Mr. Hall, and a numver Of witnesses were called. Dr. Vanderpoel, a member of tne Board of Health, testified he did not believe the mixture of snow and salt injurious to public health or lkel to produce disease. On cross-examination he mitted that 11a person having symptoms of diph- theria developed gets a chill which depresses vi- tality tue disease will be aggravated, Dr. Chandler gave similar testimony. Dr. J. W. Ranney did not believe the freezing mixture spoken of was injurious to the healtn of the pubiic or to horses’ hoofs; intense cold will in- jure all the same, no matter how caused; he hag walked through this ireezing mixture, and never experienced any particular inconvenience from it, William H. Montross, who had charge o! the Third Avenue Horse Hospital last winter, testified that he met no case of horses’ hoois injured by the salt and snow. ‘The Court here adjourned till this morning, BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. Notice to the Bar. The equity calendar will be held by Judge Blatch- ford in the District Court room, on Monday, April 20, at eleven o’clock A. M. The jury calendar will be adjourned from Friday, April 17, until Monday, May 11, and the Court for Jury trials will then be held by Judge Shipman. ‘The calendar of reviews in bankruptcy and’ ap- pias in equity cages will be heard by Mr. Justice unt at No. 27 Ouambers street, on Tuesday, May 12, at eleven o'clock A. M. If there shall be time, after that is disposed of, he will hear the calendar of appeals in admiraity, He will probaply ait only one week. By order of the Court, K. G. WHITE, Clerk. SUPREME COURT—TRIAL TERM—PART 3, Verdict Against Oliver Charlick, Before Judge Van Vorst. James Dennis, & broker, negotiated for the sale of property between Thirty-third and Thirty-fourth streets, on the East River, valued at $160,000, de- longing to Mr. Charlick and a Mr. Waterbury, and claimed $1,600 commiasion. He brought, os pur- chaser, Mr. Van Name, Prosident of the defunct | Market Savings Bank, and he agreed upon the terms, which were satisfactory to Mr. Charlick, but not to Mr. Waterbury. here was some arrange- ment abo ut building a market on the ground, but this fell through, Mr. Conkling, the defauiting cashier, got a finger in the Bg: in some way, ‘The ta good deal mixed up, but Mr, Dennis not yield on the point ot his commissions, and the jury thought he was right and gave him a verdict jor the full amount claimed, Interesting Question in a Life Insurance Case. Mr. Oliver A. Dilleber in 1867 obtained an insur- ance on his life for $5,000 in the Home Life Insur- ance Company. He died in 1871, but the company refused to pay his wife the amount of the policy. She got Mesers. Develin, Milier & Trull to bring | pearing for the defendants, The issuing of the policy is admitted, but it is claimed that the same is vitiated through Mr. Duleber having, as alleged, concealed insormation and untruthiuliy answered | Questions on hie examination by the company’s | Physician. The defence put on the stand the phy- sician, who attended Mr. Dilieber, and attempted tw prove that he was ill at the time of taking out the policy and tne natare of bis iliness, To this Mr. Develin objected, on the ground that the Ke- vised Statues, by special provi-ion, torbid a physi- clan "disclosing any imformation he may have ob- tained in attendance upon a patient. ‘Tuis took the opposing counsel by surprise. The Court took tll this morniug to decide the point. SUPREME COUAT—CHAMBERS. Decisions. By Judge Lawrence, Woods vs, Whitmore,Getty vs. Devlin, Mechanics bl Traderw’ Savings Bank vs. Lynch.—Memorau- uns, Langiey vs. Davis.—Motion granted. Langley vs. Davie Denier, with $10 costs. aD VB. urn, tanley vs. Nelson.— Granted, i iy ‘SUPERIOR; OURT—SPECIAL TERM. The Case of the Painting “Grant and His Generals.” Beiore Judge Curtis. How the painting doubly designated “Grant and His Generals” and the “Heroes of the Republic” came into possession of John Townsend, and how there being two ciaimants—Peter V. Husted and Thorwaid Keymert—for it, Mr. Townsend brought what is known tn legal pariance as a iriendly suit to determine the question of ownership, 80 as to be able to give it to its rightiul owner, has already been stated in the HERALD. A decision has been iven in the case by Judge Curus. ‘Lhe toliow- is the decision :— In this action, tried before the Court without a jury, I make and file the following findings of tact and conclu- sious of law :— FINDINGS OF FACT. First—I find that the painting deseribed in the com- latin this aeticn, called “Grant and His Generals; Or, Nhe Heroes of the Kepublic,” was painted by one Hansen Bailing tor one Benoua doward durimg the years 1 and 1805: that said Howard bought and paid tor the canvas upon winch twas painted and the materials with witich it Was painted, an pita paid u mt of the studio in it Was painted, and that Hansen Bailing, while he Ww ining the same, Was i the employ of said Benont Howard, and was then receiving trom said Howard a salary of $1,800 a year, und had also a conungent fiepeest 4 thé proceeds to be received trom the sale or exhibition by said #enoni Howard ot said picture and other pic- tures, provided such proceeds exceeded tI of said Howard, with interest, but not otherwise, Second—I tind that on the 4th of November, 1865, said Hansen balling executed a bill of sale of said'picture to James 2, Key mert. d—1 fiid tunt said Howard was. at the time of the execution of raid Lait of.sale by If, Balling to James v. Reymert, the owner of said picture, and that while he was such owner, and in legal possession thereof, he borrowed irom, the defendant Husted the sun $6,828 33 upon sald picture as security Jor the same. at the tine said loan which ras of ‘That Was made, June 18, 150d, sald pic- ture was duly delivered by said Howard to said Husted, and that said sion thereat. Fourth—I tind that the said picture was thereafter, but by aninstrument dated back w June 13, 1869, sold tw suid liusted by suid Howard for a consideration thereim ex- Pressed of 35,625 12. : Fyth—L find that thereatter the said picture was per- mitted to remain in the bulidings of the Agricultural De partinent, at Washington, D. C., by said Husted, and that the same was removed trom there to this city by James D. Reymert or his agents on or about the 9th of Novem- ber, Is7s, without the knowledge or consent of suid Feter -tiusted, ‘Sizth—L find that at the time of the commencement of this action the deiendant Peter V. Husted was the owne: bis id picture aud lawfully entitled to the possessicn ereot. Seceuth—I find that the frame of said picture was bought and paid jor by said Howard, and atierwards sold to detendant, Husted with baal and that none of the parties hereto, except detendant nusted, makes any cluim to said traine, CONCLUSIONS OF LAW. Fire—The plaintiff herein should have his costs and isbursements, to be adjusted by the Clerk und paid by the defendants Thorwald Keymart and Peter V. Husted and if not paid on adjustment a judgment against said defendants may be citered in his favor chercior. ‘Second—Upon the payment of said costs by sald defend- antsor either of them te said plaintiff, John Townsheud, said picture aud its trame suould be delivered by him to the detendant, Veter V. Husted. Third—that the picture in question, including its frame, is the property ot the defendant, Peter V. Husted, and should be delivered to him on the payment of plain- Ui?’s costs and disbursements. Fourth—That judgment should be accordingly reudered for plaintitf, with costs, against the defendants, Tuorwald Keymart and Peter V. Husted, and algo that said picture be deiivered ty the plainuil to said Peter V. Husted, on payment to said plaintif’ by aud detendants, or either of them, of his costs and disbursements. Decisions. By Judge Freedman, Ss vs, Eybel; Hess vs, Hess,—References ordered. Sammon vs. The New York and Harlem Ratlroad Company; Stillwell vs. Kelly.—Motions denied, wita $10 costa. Cohen vs. Shaster.—Motion aenied, with $10 Costs to abide the event. Pierce et al. vs. Brown et al—Motion granted, wituout costs. Merritt vs. Merritt.—See memorandum. By Judge Van Vorst, Van Buren vs. elie ors ig of fact and con- Clusions 01 law settled and tile By Judge Sedgwick. Fitzgerald vs. O'Grady et al.—Judgment for de- fendant, (See memorandum.) COURT OF COMMON PLEAS—TRIAL TERM—PART 2. A Newspaper Man Holding a City Office. Before Judge C. P. In 1869 Wm. A. Hastings wes appointed Clerk in tne Tax Commissioner's oMce. He got his pay regularly, but at length the Comptrolier refusea to give him his usual monthly warrant on the city exchequer. He accordingly brought sult for his salary for October, 187% The deience was that he was employed on the Commercial Advertiser, and bad not periormed tne alleged services. They produced # witness who said that he was twenty times during the month of Uctober at the ofiice of the Commercial Husted thereupon obtained lawiul posses advertiser and always iound the plaintiff behind | the counter there, dog Spparentiy work as clerk, and this always between eleven A.M. ana three P.M. The plaintiff claimed that he wis alw Attendiig to nis city work, except when his periors told him his attendance would not be Deeded further during the day. The jury could not agree, but the cause or the disagreement of course Was not made kuown, A Travelling Clock that Would Not Go In 1870 Mr. William R. Martin bought a “travel- ling clock” at Tiffany & Co.’s, and was to pay $90 for it; or, in other words, gotit “on tick.” The clock, he alleges, would not tulfil the first requisi- tions of @ travelling clock; or, a8 he paradoxically put it, although ic went with him it would not go. Suit was brought to compel payment lor it, Mr. Martin having refused to pay lor the same, and ‘Tiffany & Co. having reiused to take it back ‘The case was tried yesterday and ended in a verdict tor the deiendant, COURT OF COMMON PLEAS—SPECIAL TERM. Decision. By Judge Larremore, The Andes Jnsurance Company vs. Loeber.— Case aettied. MARINE COURT BUSINESS. The great pressure of business in the Marine Court, the rapidity with which the calendar of cases is filled up, term after term, and the neces- sity of working up to the emergency draws ratuer severely upon the time of the Judges of the Court. Under @ new order of things, initiated by the Judges themselves, counsel practising iu the Court are not any longer to be iavored with the old in- duigences of postponing the hearing of the cases on which they are engaged—so costly and expen- sive to their clients—to suit their own conven- lence and seriously to retard the business of the Court. Five of the Judges of the Court sat on jury trials yesterday—two of them working out of thelr turn, besides attending to their Chambers business, ‘the new clerical stail, under Mr. Powers, are showing great efficiency, Everything means work at this time in this Court, MARINE COURT—PART |, Decisions. By Judge Joachimsen, Hustace vs, Hoggett.—Judgment or plaintiff for $180 43 and costs and allowance, Ball vs. Lord.—Jury disagree; new trial ordered for 20th April. Sinclair vs. Jones.—Verdict and judgment for plaintiff for $258 ¥v and costs and allowance, Cornell vs, Hughes,—Judgment for plaintiff for $647 81 and costs and allowance. Ewing vs. Knierism,—Judgment for plaintiff for $126 11 aud costs and allowance. De Gra vs, Toraton.—Judgment for plaintiff, $84 21 and custs, Heron vs. Rammelsoerg.—Verdict and judgment for plaintiff, $708 93 and costs and allowance, Knowlton vs, New York aud Harlem Railroad Company.—Case settled and filed. Werdenschlag vs. Stamm.—Verdict for plaintiff, $554 40 and costs and allowance. COURT OF GENERAL SESSIONS, Escape of Prison from the State Prison—Jadgment Suspended on “Long ” bail Before Recorder Hackett, At the opening of the Court yesterday Mary Moore, alias *‘Long Mary,” who, in the February term pleaded guilty to larceny, was arraigned. His Honor the Recorder said:—‘I am informed by the District Attorney that through you iniorma- tion has been given to the authorities which has Jed to the ferreting out of those persons wo have been engaged within and without the State Prison in aiding prisoners to escape. The community has been startled for years in learning irom time Uo time Of the escape Of a great many noved crim: duals, and tue idea bas prevailed that there must the state Prison— to their duty lelons to escape. in which you have ren- Will be suspended, oat Consideration of t er dered judgment in your © With this instru ction to you that, should youagaio | commit crime, it will be the duty of Court to sentence you upon this peat? Youthfal Barglars. James Davis and James Couter (young men), guilty to an indictment charging them with bur- glariousiy. entering the premises of Albert Harder, of 2,098 Third avenue, on the 23d of March, and sent to the Penitentiary for tour years. Assault and Battery. The trial of Louis Munz, charged with throwing a@stone at Abraham Waldman on the 3d of Jan- uary, inflicting a severe wound, which was com- menced on Tuesday afternoon, occupied most of the day. A verdict of guilty of assault and battery was rendered, and the prisoner was remanded for sentence. A Juvenile Highwayman Sent te the State Prison. James O’Brien, who was indicted for robbery in vhe first degree, pleaded guilty to an attempt. ‘The indictment alleged that on the 10th inst, he assaulted Jerome 8. Ryan, and stole $15 from bis person. He was sent to the State Prison for five years. A Youthfal Forger. William D. Harlow, @ youth, agamst whom there were two charges, ‘pieaded gutity to forgery in the third degree. On the 26th of June he pre- sented a forged check at the Nassau Bank for $750, purporting to have been mgned by Hugh H, Ed- wards. Three years in the Penttentiary was the sentence imposed. Laying in Spring Clothing. Morris Jacobs, who on the 6th inst., stole cloth- ing valued at $90, belonging to Moses Klinger, pleaded guilty to an attempt at grand larceny. He ‘Was sent to the Penitentiary for two years. A Gambler Sent to the Penitentiary. Charles Shafer pleaded guilty to an indictment for gambilug at a house in Broadway, the com- piainant, Frank Halist, swearing that the accused won from him the trifling sum of $2,200. As the prigoner said he gave up the business, he was sent the Penitentiary for three months, Burglary. Charles Newhart and Jonn Manley pleaded guilty to an attempt at burglary in the third degree. They were jointly indicted with three others. The charge Was thaton the 4th of this month they broke into the restaurant of William ‘Thoden, No. 33 Clinton street, and stole $100 worth of property. His Honor sentenced the prisoners to the State Prisoa for two years and six months, COURT CALENDARS—THIS DAY. La har Methane brs Tesi by Judge Law. rence.—Nos. 115, 191, 204, 221, 224, 235, 272, 287, rence,-—Nos 191, 204, 221, 224, 235, 272, 287, SUPREME CoURT—SPECIAL TeRM—Held by Judge Van Brunt.—Demurrers—Nos, 28, 29, 14, 16, 20, 27, Issues of law and ftact—Nos. 180, 185, 200, 217, 244, 247, 258, 263, 272, 274, 275, 276, 277, 278, 283, 186, 18, 293, 295, 296, 298, 299, 300, 301, 304, 305, 806, 313, SUPREME CourT Crrovit—Part 2—Held by Judge Westbrook.—Nos. 90, 2972, 1252, 3012, 3124, 4126, 312s, 1848, 1822, 2846, 1902, 266, 1206, 1588, 2016, 994, 2004, 396, 2700, 2048, Part 3—Held by Judge Van Vorst.— Nos. 3055, 2549, 445, 1505, 285, 1219, 1201, 2933, 143, 1185, 907, 595, 1337, 1709, 2533, 99, 1121, 1395, 2 427, 481, 599, 1371, 3199, SUPERIOR CoCRT—TRIAL TERM—Part 1—Held by Judge sedgwick.—Case on. Court OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Daiy.—Nos, 2420, 1183, 4078, 4080, 2177, 2219, 332, 107, 490, 2373, 367, 2388, 1325, 878, 463. Part 2—Held by Judge Larremore.—Nos, 1812, 1809, 1807, 1810, 1811, 4077, 2724, 2731, 3985, 2668, 2709, 2598, 2734, 3920, 3958. CouRT OF COMMON PLEAS—Equity TERM—Held by Judge Robinson.—Nos, 6, 10, 12, 20, 25, 14, 15, 19, a » Judge Joachimsen.—Nos. 3918, 4135, 3702, 3617, 8243, 2943, 3621, 3316, 4785, 3980, 3992, 3984, 8986, 3988, 3994, Part 2—Held by Judge Gross.—Nos. 3651, 3599, 8713, $253, 3245, 3697, 3637, 4755, 3245, 4157, 8537, 8673, 3025, 8591, 4866, 3571. Part3—Held by Judge Aiker.—Nos. 4730, 4731, 4754, 4340, 4980, 4511, 4273, 4796, 4822, 4649, 3930, 4823, 4824, 6. Court OF GENERAL Srssions—Held by Recorder Hackett.—I'he People vs, Juiius &. ‘I'zchnery, per- jary; Same vs. Peter Ferris and Samuel Harrison, telonious assault and battery; Same vs. Juno Dar- cey, felonious assault and battery; Same vs, W.l- liam Melody, torgery; Same vs. Isaac Jacobs, grand larceny; Same vs, Samuei Lomas, grand lar- ceny; Same vs, Louis Auzat, grand larceny; Same vs. Catharine Snyder, grand larceny, CouRT OF OYER AND TERMINER—Held by Judge Brady.—The People vs. James Brooks, misde- meanor; Same vs. John Birdsall et al.. miade- meanor; Same vs. James McDonald, misdemeanor, COURT OF APPEALS CALENDAR. ALBANY, April 15, 1874. The following is the Court oi Appeais day calen- cer ne April 16:—Nos. 101, 193, 188, 174, 176, 149, BROCKLYN COURTS. The juries m the cases of Edward Skerrett agaist the Bushwick Railroaid Oompany to re- cover $10,000 damages for personal injuries, and | Bartholomew Connolly against William Snow— which was a suit for $6,000 for the death of Michael Connolly, who was accidentaliy killed at the At- | lantic Dock—talled to agree and were discharged. Thomas Tyrell was committed in the Court of | Sessions yesterday jor attemp!ing to rob Miss Juila | R, Sullivan oj her pocketbook in franklin avenue. ‘yhe prisoner privately acknowledged his guilt to his counsel, but said it was more honorable to | stand @ trial and have the jury say he was guilty than to confess. He was accommodated. Jonn Brady sued the city yesterday to recover $2,160, @ balance alleged to be due him ona con- tract ior filling in certain lotsim the Nineteenth ward. The defence was that the work was done without authority. The complaint was dismissed. in the City Court, yesterday, B. F. Kails was sued by Owen Hobin for $10,046, tor injuries re- ceived by plaintiit by falling into @ hole in tront of defendant's premises, corner o: Conover and Like- ts. The jury. gave piaintid $240, UNITED STATES DISTRICT COURT. A Collision with the Ville du Havre. Before Judge Benedict. A decision was rendered yesterday in the case of George B, Lockhart et al. vs. The Steamship Ville du Havre, her tackle, &c., which was a suit to recover $73,000 for damages caused by the siuk- ing of the bark Curagoa in a collision which oc- curred between these vessels in the port of New York, June 3, 1873. The Curagoa was Ping at an- chor in the Swash Channel, about one-third of the way 1rom the lower end and near the middle of the channel, with room for vesseig to pass her on either side. She there remained until two o'clock the next morning, woen the Ville du Havre, com- ing in from sea, ran into and sunk her. The acci- dent is claimed by eaca vessel to have arisen from carelessness on the part of the other. The decision 1s a Very long one, reviewing the testimony. The first point made by the Judge is that the testimony | proves that a light was placed in the rigging of , the bark, but that at the time of the collision it | was burning so dimly as to be invisible at any dis- tance irom the bark, and to that extent there was negligence on the part of the bark. He also holds thac the odicers of the steamsiip were in jau.t jor not using night glasses io searching for veasels in their way. se therefore decides that the must be apportioned, Details of the Robbery of a Mail Coach Near Easton. [Special despatch to the Galveston News.) AvsriN, April 8, 1874, Inave just seen one of the passengers on the stage which was robbed by highwaymen last even- ing, Who reports that tue robbery occurred about two miles this side of the Biancg River, ia Hays county, and about twenty-two miles rom Austin. There were three robvers, who rode up to the stage from the rear, two being on sorrel horses, the other on @ paint horse, They commanded the driver to halt, each holding a pair of s1x-shooters | in their hands saying there was a mau on the stage who nad murdered their brother. ‘hey then commanded the driver to drive some 200 yards from the road on the prairie, where they ordered @ second hait and commanded the passen- ers to get out and surrender their arms. fie passengers were sitting ing@row. One pas- senger had @ derringer in bis pocket and another had a aiX-ahooter in nis satchel on top of the stage, both of which were taken pot ion of. ‘they then commanded the passengers to hand over their money and valuables, but as some reluctance was exbioited two stood guard, ‘The leader searched their pockets, They spoke to the leader as Bill. He, aiter taking all tue money possibie to get—some $1,500 and four guid watches—broke open their tranks; but, finding nothing tempting, cut open the mail sacks, witch they also found worthless to them, Tuey changed horses and leit, riding three of the stage horses and leading their own and one stage horse, which horse soon Came back. They took off ove mail vag. They are described as follow: One about twenty years old, light complexion and hair, smooth face, spare b ild, about five feet nine indoes nigh, weighs about 135 pounds; another avout three inches taller, with light mustache and chin whiskers, about twenty-three years old; the third was about twenty-jour years old, about tive feet eight inches mgu, witn light mustacte. Alter committing this roobery they rode off rather hurriedly toward the West, Tne above descrip. tions answer weli to that of two o1 thy James’ boys and McCoy, of Missouri, who have so oiten veen eee in connection with daring robberies iu wl ba! ‘phe! wore only eight men end one lady in the stage, against whom were three complaints, pleaded | stealing $50 worth of cutiery. They were each | , 34, 37, MaRINE CouRT—TRIAL TERM—Part 1—Held by | THE SIOUX EXPEDITION. Red Cloud and Spotted Tail Agencies Occupied by Troops. INDIGNATION OF THE REDS. A General Rising Feared to Expel the Blue Coats. Peace Palaverers and Commis- sioners Interfering. Ly Cap, Sporred Tarn magi; March 22, 1874. The military operations of the Stoux expedition under commanu of Brevet Major General John E. Smith, United States Army, have for the present terminated with the occupation of Red Cloud’s and Spotted Tail’s agencies, at each of which are stationed four companies of iniantry and one of cavalry, At the tormer Major J. J. Van Horn Eighth United States infantry, is commanding, and at the latter Major H. M. Lazelle, Eighth United States tolantry, These troops marched from Fort D, A. Russell, W. T. (220 miles distant), on ihe 22d day of February, encountering en route severe snow storms and being exposed to the most intense cold, the mercury ranging from zero to thirty ae- grees below, several men being badly frozen. SITUATION OF THE AGENCIES. Spotted Tail’s agency is situated on White River, in a white clay reglon, and at the edge of the “mauvais terre,” and is 220 miles from Fort Bus- sell, Wyoming Territory. Red Cloud’s agency is on the same river, fifty miles nearer its source. The surroundings of each are simply horrible. The river water is discolored with white mud and its valley is utterly destitute of timber, even fuel for the troops having to be hauled trem six to ten miles, wherever it canbe found in ravines, The hills have littie or no grass and no other vegetation, being little more than escarped clay banks. The valleys are narrow, cut up by sharp ravines, and as for plains there are none. It is impossible for one who has never viewed such great features of the far West landscape to even idealize them in their huge and repulsive grotesqueness, THE RAMBLING MURDEROUS SIOUX, ‘The immediate cause of this expedition, as you are aware, was the killing of Lieutenant Robinson and @ corporal o/ the Fourteenth United States infantry, at about twenty miles from Fort Lari- mie, Wyoming Territory, followed by the shooting of the acting agent at Red Cloud agency, and the hostile attitude of certain Indians at both agencies, All this mischie, as is now sat- isfactoiily ascertained, was consummated by northern bands of Sioux—viz., Uncapapas, Minno- coujoes and -ansarcs—Ilnudians having tueir homes on Powder, Tongue and the Big Horn rivers, tribu- taries of the Yellowstone, and wio have stead- | Jastiy refused to remove on to, or to coufine them- | Selves to reservations, yet who visit constantly not only these two agencies but also those onthe Mis- souri—viz., Cheyenne River Agency, Grand River Agency, Lower Brule Agency and Yank- ton Agency, receiving therefrom, whenever they come, rations and other issues by the gov- erument. About 600 lodges of Minnecoujoes were for six weeks prior to the arrival of troops en- camped about Spotted Tau’s agency. THE PRESENCE OF THE TROOPS OBJECTED TO. At both Spotted Tail and and Red Cloud agency the Indians o/ their bands have geueraily been well disposed and quiet up to the time when it were coming into their country. | themselves have never taken any steps ior the | safety of their agency or for the security of its em- | ployés against the demonstrations of their north- | ern visitors, and though they kaoow that troops | were sent here for the protection of their | agency, yet the presence of tre blue coats bas greatly cuanged their pacifico dis- | position and exasperated them. Great numbers of Indians of these two bands have leit their agencies. Toose remaining are generally sallen, insulting, making irequent toreats against the troops, and many will doubtless join ihe hos tile northern bands. Tne cause of this strong feeling 18 readily accounted tor. Under existing treaties with these two bands the country north of the North Piatte River 18 imciudea 1m their res- ervations. ‘he military posts of forts Reno, Phil Kearny and C. F, Smith were given up by the government in these treaties, and these Indians were given to understand that it should be tueir country exclusively, and they now naturally look with suspiciun upon its reoccupation by tue mili- tary authorities, regarding this measure as a hos- tile declarat:on 1t is obylous to every thinking man in this section oi the country, who under- stands tuis question and Who duily witnesses the conduct oi these Iudians, tuat the continuance of troops on the line of tue Waite River—these two ageucies—will result in a@ long war, and of no | small maguitude, not only with the northern bands | already mentioned, but with the hg tor of Spotted ‘Tail’s and Red Cloud’s oands. These two | bunds will thereby become alienated more than | ever from the whites, and good influences, which have been espgcially brought to bear upou them, and which nave considerably amehorated their condition, will go for naugot. In a humanitarian point of view, then, it seems this should be avoided. But now? There is but one method, and that ig the withdrawal o1 the troops, But to with- draw the troups 18 to expose the agencies to ossibie destruction by northern bands, or at east to continue evils and dangers should be avoided; jor none of Spotied Tail’s or Red Cloud’s people will, under any circumstances, take up arms against the northern Sioux, since, as Sioux, all these people area + Unit—mere branches of one common iumily. | SHOULD THE AGENCIES BE REMOVED? Manilestly, then, tne only remedy is to remove | the agencies to some point where these differences Will no longer exist, and that is to the Missouri River, where all the othar agencies of the whole Sioux nation are located. General Sherman, with his rare sagacity, saw at once the situation, and this its proper remedy. In his despatch to General Sheridan some weeks since, when the troubles were first reported, he recom- mended that all agencies should be on the Missourt River, and the Indians thus ve withdrawn from the vicinity of settlements und the temptation to mischiet. ‘There are already our agencies o1 Sioux Indians on that river, to wit:—rhe Lower Brule, Grand River, Cheyenne River and Yankton; an at none of them is there any trouble, though at each @ swall military guard of a company ot troop: ig stationed. ‘These agencies are, with one excep- tion, on the west bank of the river, and are all above and {ar removed from any white settie- ments; whereas below the two agencies of Spotted ‘Vail and Red Cloud, und not over 175 miles from this line southward, or wicnin three days’ ride, a8 an Indian would ride it, there are many cattie ranches and sraall settlements, and the northern | Indians waving come thus far south to visit ther iriends, and having drawn ratious here, canuot re- sist the temptation to commit some deviltry upon tue settiers, it has been so year alter year since these two agencies were established bere. It muy be said that the morai etfect of wi(idrawing troops alter having sent them here would be bad. But this would certainly not be the case if the agencies were moved at the same time. THE COS! OF REMOVAL. ‘The question of expense at once comes up in the removal of the ayencies. But compare this ex. ense with the cost of building and supplying cer- tinly one twelve-company, if not two BiX-com- pany, posts on this line, Which would have to be buul where those supplies and much of the build. tog material would have to be transported in Wagons from the iine of the Union Pacitic Rail road, and then the relative expense of revutiding these agencies on the Missouri becomes a3 a drop rain storm, mt ia true, periaps, that 1a one case this expense would come from the War Department and in th otuer the outlay would be by the indian Depart- ment‘ butin either case the government must ay trom its treasury. But this expense of mov- ing the ugencies (even did it compare with the cust of building permanent posts) is as nothing compared fo that of a prolonged Indian war wito the people im whose country they are now Situated, And the multitary morai efiect lost by withdrawmyg the troops is as nothing to the retrogading of tnese people from tue sieps—feebie, it is true—which they nave taken toward 1mprovement and civilization under the humane influence of those wbo of ite years have bad their interesia In charge. In an ecopoim- ical point of view the Indian Department would be greatly the gamer by the moval of these agencies to the Missouri River. At preseutit pays ior the wagon transportation to Red Cloud's Agency irom Cueyenne, on the Union Paciic Rall- road, .or ull Ireight velivered to the indians, both gunuity, 4oods und provisions, at tie rate o. $1 76 per luv unas every 100 miles, Aud as tne estimated distance is 212 ilies, @ barrel of floar deivered to tie Indian Bureau in Ch yeune ior | $d) Costs Lhe Vepurtuncn!, delivered at Lie agency, became pouitively known among them that troops | Although they | that | +B $18 30, ‘ely greater is the cost of a) other goods i by the indi delivered to the Las yo ym to if it was located on the same goods Omaha or St of transportation woul fraction of these rate Similar and Indian supplies are hauled ¢ Spotted Tati's—from the tance of about 260 mile portation and at great of which, or @ large portion, w removal of the agency to that ry ‘The territory or country of born Red Cload’s bands extends to any objections prompted by ther own \« convenience in receiving thelr gul8 of rations aud annuities which these people May interyose sea not ve enter’ The question of pun rthern bande for their hostile depred ny lave time is quite separate from that HOW present SOlUtiON ln Malptulning peace atone (hese people, THE COMMISSIONERS AND THE REMOVAL. Glance at the objections made by the Peace Com. missioners now here to the removal of the encies of these two bauds to the Missouri River, They assert that there whiskey could not be kept trom the Indians, This is purely ianetul; tor at the agencies already mentioned on ¢ little or no trouble from that cause is rienced. They further assert thal agencies are moved ouly @ poruion Of the two bands will go tere to recer their annuities and rations, This ply contrary to experience at all the cies, Where irom 4,00) to 7,000 sioux I constaptly fed and clot centre of the count far, 1! not farther, removed tr. river than it the centre o! the country of these two bands, It hardly need be said that toese Indians, cate? by all manner of proof, have learn: preciate the substantial ald of the Irom their agencies, and there is no dang, ever that they willgiveup suc! aid, These Goum missioners affirm that tue pumber of Indians re. sorting tothe river agencies have, for the past year, considerably diminisned, coming here in- Btead, and assigu as the cause thereol the pres ence Of troops ut those agencies, though the tra is that at none af those agencies 18 there more than one company of soldiers—say fity mea, Not- Witbstanding this assertion, Lowever, as a reson why agencies should not be on the river, th Commissioners have ‘iecided to ask of tue govern. ment the establishment o1 a large post at the toot of the Black Hills, sbouteighty miles northwesterly from here, and 140 miles 11om the Missourt River, is quite ad 8 is indie in order that the’ may have there the agency for Spotted Vs band. ihey fur- ther declare their intention to ask of the government the build of a military ost near the agency of Red Cioud’s band. ‘This 8 certamly very incousiste: reasouing, yet it lt as they state, Jor the writer has it from the Cou missioners themselves, The military occupation of tne Black Hills would of itself involve a wart with half the Sioux nation, just a8 the attempted extension of the Northern Pacitic Railroad veyoad the Missouri Las met with determined hostility, The idea of these nmissioners is, tn short, agencies in the centre of the mations of the Sioux, sustained vy large military posts, in order that civilized and moral influences nay brought to bear closely upon them. ‘Thta 1s, doubtless, an excellent military ineasure, showd the country ve willing to sustain the euse of it by aprolonged war; butit would be rather @ costly idea, indulged in the interest of the educa tion, morals and religion alone of these peuple, ‘These may be extended by pacilic means, but, per- haps, do not warrant the shapmg of the Indiag policy of the country to force them upon any tribe. UNITED STATES SUPREME COURT. Decisions. WasuincTon, April 15, 1874, No. 265. Washington and Alexandria Steam Packet Company vs. Sickles,—rror tu tie Supreme Court of the District of Columbia.—Tms was an action by Sickles to recover Jor Che use of hs cut of (or tne saving of coal in operating steam en- gines. The judgment below was jor the patentee, and the company, bringing the case here ior review, obtained a reversal ior errors, whic: will appear In the following statement of the substance of the opinion:—The statute of itmit:tions having been pleaded, the Court say tat white the right to plead it is no more within the discretion o1 the Court than other pleas, when (Ne retusa) of the vourt to permit tne plea to be flied, is based on the allegation that’ it is not fled within the time prescribed by the rules of prac: tice adepted im that Court, it is necessary that the purty, excepting to tue relu: sual) Mcorporate tue Tule in nis bill O| exceptions, oF this Court will pre-ume that the Court below con- strued correctly 1ts own rues. Suca rules ure in- dispensaoie to the despaten of basiness and (ne or -| derly aammistration of justice, anu It must Le pres sumed cuut the Court below ts familiar with (he Construetion aud course of practice under tiem, On the merits, it is sual that tae :we of damages 1p aciions at law lor in-ringeent Oo: the rhis of patentees bus lung been estabsisted in this Court to be the Customary price ut wiic. (he patentee has licensed the .#e of ls invention, Where a sa: ficient number 0! licenses Or sai 8 Lave been «ude to establish @ market value, Tne reason jor tus rule 18 still stronwer where the use of the pateated invention has been, With the consent of tue pat enzee, express or implied, Without any rate of compensaiiun Axed by the parties, (lu ihis case the compensation was to be tue value Oo! three. fourths of the amouni 0: \uel saved.) Mr, Justice Muler delivered tne opinion. No, 248. Peete vs. Morgan—Appeal from the Cir cuit Court tor the Hastera district of Texas,—in y this case Morgan, a citizen of New York, running two lines of steamers between ports in Louisiana and ports in Texas, obtained a perpetual injunc- tion to restrain the appellant, health oficer 0: Gale veston, Irom exacting 0. Dim certuin tonnage duties laid upon his shipping to deiray the ex- Penses v1 quurantine reguiations. The decree ve low 18 affirmed here, the Court holding 1m substunce that while the Legislature may lay a tax in some proper irom to maintain the quarantine system of the State, the present tax is ouiside the jurisdie ton of the State tu entorce, betng. aduty on ton- nage. Mr. Justice Davis delivered the opinion, No, 252, United States vs. Herron—Error to the Circuit Court for the District of Loutsiana.—In tnis case the government sued on the official bond of one Collins, Herron being a surety. The defence Wasa discharge under the Bankrupt act. The Court velow sustained the plea, and the judgment was accordingly. The judgment is here reversed, the Court holding that a discharge uncer tae Bunkrupt act does not debt due the United States. This conclasion 11 tained by the unvorm Construction of similar legislation in this UY un tr aud in England. Mr. Justice Clifford delivered the opinion. No, 247, United States vs. Heirs of Junerarity— Appeal from the Vircuit Court for Louisiana.—This | Was the reversal of a decree adjudging parties rep- resented by the appelices entitled to certain land in Louisiana, under a Spanish patent issued to one Ramos, tae Court holding that the claim attempted to be set up by the petitions in the case cannot be sustained. Mr, Justice Hunt delivered the opinion, No. 257. First National Bank of Troy vs, Cooper et al.—Appeal from tne Circuit Court for the North ern district of New York.—The bill in this case was | Mled by the bank, a creditor ofan insulvent cor: poration (the Troy Woollen Company), to review @ decree of the District Court confirming the re- ort ofa reieree and allowing a claim of Cooper, Vail & Co. or $07,000. ‘The Circuit Court decided that 1t could not review this decree at the instance of a creditor, and dismissed the bil, That decree js atfirmed here, the Court holding that | does not show any equity suficieut vo Court in penne the relief sought, Strong delivered the opinion. ART NOTES, The practice of some American “sculptors” in Rome employing Italian modellers to make their stataes 13 beginning to attract public attention, | The Italian sculptors are somewhat indignant over this abuse; but they are not wholly free from blame in the premises. I[f Italian modellers did not aid the “sham sculptors” tne iatter would not be able to cheat the public into the belief that they @re artists, 1t is @ dirty business on both sides, “arcades ambo.” ‘ Preston Powers, the son of Hiram Powers, is en | gaged to model a bust of Sumner from a mask taken after death. itis apity that distinguished Men should die without having busts made in life, 48 posthumous works lack the first element ofan tistic portraiture—the expression of individual Character, Busts modelied trom casts are the car pentry of art, things measured and fitted, bul lacking the spirit and life of the original. ‘The subject of Mr. E. M. Ward's largest picture in+ tended for the next London Academy exhibition, i “Lady Rachel Ruasell Interceding Unsuccesstully With Charies 11, for a Reprieve To Be Granted te Her Husband Alter His Condemnation ta Death.’ Another subject is “Marie AD toinetie Reposing Betore Her Execution,” the last, as some of our réaders will re gret to learn, of the painter's series of tlustra tions of the life of that queen, A third work show! “William and Mary Receiving the Lords and Com mons,” the original design for the wail painting executed by Mr. Warain the Houses of Paria ment, an elaborately executed water color draw: ing. That veteran democratic authority the Bostom Post thinks that “t.e democratic sentiment rioging up iresh y, like grass irom the groind ali the Way across the Coulinent Of States, ant demonstrating its living presence Wietever there \ Ore riguta sbertics 10¢ Citizens tO mauiaun.®