The New York Herald Newspaper, August 22, 1874, Page 9

‘selves, It has necome a disgraceful thing that Plymouth church cannot have # meeting but re porters come in, and every word 1s spread upon the Street next morning: therefore I move that this report be considered privately.” Another brother Said that be thought that motion premature; that ‘they had better walt till they had a report to con- sider. Professor Raymond said :—*It is disgrace- ful that Plymouth church cannot meet for pur- poses of prayer without being noticed vy every- body, but the alternative Brother White presents is worse—(applause)—it is whether we will have true reports or garbled reports. If we could secure privacy Ishould be glad, but we have found vy experience that all attempts tolock doors isa failure. It only led to garbled reports from mem- pers of the church themselves. We must choose between epreading our transactions before the the world or letting them leak out. I choose the former as the least of the two evils.” (Applause.) This resolution was then laid om the table and the meeting adjourned till Friday evening next, unless calied sooner by motice from the pulpit, after which the usual Friday evening prayer meeting was held. One brother prayed that the pastor might be cared for and have the love of God so manifested to him that he migt come back richer, and that all his troubles might work for his good. Said he ve cannot bear the thought that he will ever leave us, Spare him many years, and may he know the ‘py which comes from a full trust in God.” Brother Garbett prayed—“Be with ous pastor. Our hearts ail turn to him in sympathy and con- sideration. We thank Thee tor all his words of cheer and hope, and we thank Thee for his admin- stration, and we pray that now Thon wilt be with him, our leader, our elder brother, be with him and keep him as {n the holiow of Thine band,” A stranger, whom Brother Halliday aiterward introduced as Rev. M. Van Wagner, from Mis- sourt, rose and said:—‘l live in the West, and should nave left for home to-night but for this meeting. I wanted to meet the People of the Lord, and I am glad this has been turned into a prayer moshing. My opinion is we can pray athing straight, when all the law- yers in the world could not get tt straight. (Ap- lange.) We must not worry either. The Lord is ere always. [could not but smile when I heard Ber Tesolution to close the doors, You might as w HUSH THUNDER AND BOTTLE LIGHTNING. What is goingon that you are alraid off The time was when you were glad to: have your doings noticed. Our prayers need not be mournful. 1 don’t want to see bowed heads. ‘Chere is no oc- casion for it. (Applause.) ‘The outside world love you as well as the inside world. We know your labor of love. Ihave waiked over acres of tree land that never would have been free but for this chureb. I don’t mean to talk about this. I should go too far. 1 will tell you wnat I thought when [read ai! the proceedings of your twenty- Gifth anniversary; and by the by, Brother Storrs Was there—(applause)—but | felt deep down in my heart that you had a little more than you could stand; you could not help but feel a littie pride in knowing that you had i yte the foremost reacher in the world, ii you dia_ bring im from the West.” — (Applause.) Brother Halliday said he came from Connecticut. “1 know he did,” said the stranger, ‘nut he amounted to nothing till he went West. Plause.) You are in danger from pride, some of you imagine you are going to heaven dan, on Mr. Beecher’s skirts, but you can’t go that way. Now, we cannot believe that you are < to cease be a power here. I want to say that the heart of the whole nation turns toward Plymouth lovingly. 1 am glad I stayed to this meeting; 1¢ will be an event in my life,” Another stranger rose and suid:—“I am from the West also—(laughter)—and from the church to whioh your pastor once labored. 1 want to say that [ am well acquainted with the elders of that ohureb, and the unanimous verdict is, NOT GUILTY.” {Applause.) Professor Raymond said:—“I have but just returned from a journey on the Pacittc ooasi id I have bad the same experience I have often before—namely, that our church is not bounded by pny geographical lines; our sermons are preached like a reverberated echo, till they die away, being passed from hand to hand by those who have them in printed form. . We are told it is possibly our danger to get a little proad of our success, and that a little persecution would Go us re desire to say on behalf of this church and for the penees of those brethren who are stran- aiter twenty-five ears Of faithful service, and we gathered and got strange lips to speak for us! A little time bas passed away; voices that were eloquent once are silent now; faces are averted now that were smiling then; but, thank God, this hour belongs to us; it is now our time to speak; it belongs to us, who have put our heels op. the serpent. of slander (a) y—It belongs to us, not dodging the rath or doubting our pastor one moment—(tre- Mendous appiause)—to us, wbo have held no coun- sel; to us, Who, When our triend FELL AMONG THIEVES, did not pass by on the other side ; to us, who did not gather our skirts trom the slime through which he jad to pass. It our time to speak; we know what can bale be an what must be; we stand firm to the testimony of a life, not to condone a wrong, and gow we will say to our pastor, thrice welcome tome. (Applause.) God make us worthy to hold up als id. God grant that we will stand at last as he will stand—unblemishing, onshrinking—to meet the searching light of the judgment day.” Two brethren spoke of Theodore Tilton, one de- airing that he should be prayed for, and the other | telling of his useluiness a8 @ superintendent of Sunday schoois. A “CRIM. CON.” SUIT COMMENCED. ; A suit was commenced yesterday against Mr. Beecher for the recovery of $100,000 damages by Mr. Tilton for loss sustained by the plaintiff (Til- ton) by the conduct of the defendant (Beecher) in depriving the former of the comiort, society and assistance of his wife, Elizabeth Tilton. The coun- sel for the plaintiff are Messrs, Morris & Pearsall and forthe defendant Messrs. Shearman & Ster- ling. The following is a copy of the summons and complaint which were served on Mr. Shearman at nis office, No. 20 Nassau street, New York, yester- day :— THE SUMMONS. The Oty Court of Brookiyn.—Theodore Tilton, plaintifY, against Henry. Ward Beecher, defendant. Sufauons ‘or relief. To ras Derenpant:— You are hereby summoned and required to answer the complaint @ copy is upon and the. fubseribers at, thelr office, Nor" 195 °S sul at their office, No. ontagu in the city of Brooklyn, within twenty ‘days after t service hercot, e: in this action, of which to jusive of the day of such service ; and Mf you fail to answer the complaint witain the time aforesaid the plaintiff in this action will apply to the Goae te d oeaRe Le Pasa alntid’s Attorne; <Avauat 19, 1874, se THB COMPLAINT. ‘The City Court of Brooklyn.—Theodore Tilton against oy, Ward Beecher. The plaintif complaining of the defendant alleges — Firt—That on the second day of October, in the 2, ‘of Brooklyn, plaintiff intermarried with Rlizabeth Richards, since ed and known as Elizabeth R. Tilton, and that at the time of the commission ot the ereinafter mentioned the plaintiff and his said re living together as man and wife in the said nD. That die defendant, contriving and wilfully in- tending to injure the plaintiff ana deprive him oi the com fort, society and assistance of the said Elizaveth, the wife.ot the Renee \t_vo alienate and destroy her affection for him, heretofore op or about the 10th Ustober, 4 on divers other days and times after that day and before ‘at the house of the di gity of Brooklyn, 474 Livingston ‘su hon 9 snd without priv: car ki the said Blizabeth, then and ever since the wife of the plaintiff, by means whereof the affection of the said Elizabeth tor the said plaintiff was wrol wife wi city of GFULLY AND WICKKDLY, or connivance of plaintiff, debauched wholly aliens! and destroyed. and by reason of the premises the plamufl 5 wholly lost the oon teenie ty and assistance, which durin; o the time atoresaid had great distre: age of the plaintifT $100.00, plain mands judgment against the detonaant for the said sum o: $100.00) tor the wrongs and injuries hereinbefore set torth, besides the costs of this action, MORRIS & PEARSALL, riaintif’s Attorneys. TILTON’S AFFIDAVIT. Brooklyn, County af Kings, s,—Theodore Tilton, cium duly sworn, ys that he 1s the piaintiff in the foi going entitled action, that he has read the foregoing complaint and Knows the contents thereof, and that the same ‘ue of his own knowledge except as to the mat- tora therein stated on information and belief, and as to these matters he believes it true. none riLroN, Sworn to betore me this 20th day of August.—Geoncr W, Roverick. Notary Pablic, Kings county. The above guinmons and complaint was indorsed a follows :— neccker, “Cunt sum. and Comp. eodore Tilton against Henry Ward RRIS & PEARSALL, Attorneys for the Piaintiff, 193 Montague street. it was (ndorged on the other side :— Dae and timely service of a copy of the within sum ‘mods and complaint is this day duly admitted. HEARMAN & STERLING, Attorn New York. ‘August 21, 1874, ANOTHER SUIT AGAINST BEECHER. Not satisfied with the atready pretty full and overflowing measure of abuse and injury done tue stalwart and veteran pastor of Plymouth, It was anderatood yesterday that Mr. Tuten contem- plated bringing suit against Mr. Beecher on obarge Ot libel. The libel consists in the charges of blackmail made by Rev. H. W. B. against ®ueodare. in his statement belore the Plymouth f | employ men on horseback for the purpose o! wi for the Detendant, No, 20 Nassau street, | Investigatin, et prepares jamages will be laid at $50, THREATENED LIBEL SUITS. Some of the papers have both in their editorials and reports of the scandal alluded to Mr, Tilton in anything but complimentary terms, and applied names to him which he, from his long experience 48 @ journalist, considered not only unwar- rantable, but bighly libellous, He acknowl- edged, he said, & certain limit of the use of his name im @& controversy of this kind, but there were certain boundaries beyond which it was unfair for them to go in the discus- sion of the issue, Which at most was simply under investigation by ® lew private citizens of Mr. Beecher’s own choosing. It was unfair for the papers to assall him as they had done, and make every effort to lower bim in the ‘egumation of the community. He proposed to hold them all responsible, He had been called a biackmailer, a liar, hyprocrite, koprophagan, &c., and he was not going to submit to it. As fast as the libellous articles appeared he had them cut out, marked and taken care of, Some days ago he had aconference with bis counsel, Mr. Morris, in regard to suing the papers, and his counsel advised nm to do so, saying that he bad a good case. Mr. Tilton | nas been promised pecuniary aid by friends if be needs it, 80 he instructed nia counsel totake the necessary action againat the Brooklyn Zagle ana the New York World and Tribune, Tue damages claimed, it is said, will be $50,000 each. Other papers are also threatened witn suits, A LEGAL OPINION. Committee. The but will soon oh papers are not iitou’s counsel, The writer, meeting Counsellor Tighe in the vicinity of the Court House yesterday aiternoon, bad a brief conversation with bim touching the legal bearings of the scandal case at this point of affairs, The Counsellor said that the summons and complaint were very properly brie! in length. “There was nothing to be gained by extenaing the complaint,’ remarkea the lawyer. ‘“Legal-ver- biage was of nouse. All that was necessary was to cite the offence. Besides, bemg short, it would be more widely read and better remembered. The answer wilt be the usual one in such cases—a gen- eral denial to the eutire complaint. Tne oom- plainant will be told to goon with hissuit, Of course the burden of proof will rest with the com- plainant, and a very pretty fight may be expected between Messrs, Shearman, Tracy and Bartlett on the one side and General Roger A. Pryor and ex- District Attorney Samuel B, Morris on the other. The trial will come before the October term of the Kings County Supreme Court, and then we shail have lively reading matter or else the signs of the times are unmeaning. The deience have blundered all the way through in conducting the broseeaiias before the Beecher whitewashing committee. it is very clear tome that Mrs. Tilton was told what to say by the counsel for Mr. Beecher, when she made her state- ment betore the counsel at Mr. Storrs’ house. The misery which she had endured at the hands of her husband since shortly alter her mar- Tiage and her condition of mind were all cal- culated to show, rather than contradict the asseruon, that she ‘was mentally in a condition to be entrapped by the flattery and adu- lation which she received from Mr. Beecher. This was @ very weak line for the defence to take up. Then came the pubiication of the marital manu- scripts, the gushing, amatory episties of Elizabeth and Theodore, all of which went most conclusively to gtve the lie to the statement concerning the un- happy state of her home and the coldness of her husband toward her. { do not believe her worthy of credence, and cannot imagine how such an intelligent man as Tilton can apply the term “wnite-souled woman” to a being who is confess- edly so ignorant of the difference between truth and falsehood as she appears to be, With regard to Moulton’s statement I think it damaging to Mr. Beecher, as there are many inaccuracies, Whether intentional or otherwise { can’t say, between facts cited by him and their date of occurrence and the published and oficial data o! Moulton, “Why was this summons aud complaint withheld so long by the counsel; why was it not served weeks ago?’ “I have my personal opinions upon that subject, and one is that Mr. Morris was in no hurry to serve the papers at all until he received Shearman’s taunting letter demanding their service unme- diately. That was on Wednesday. ‘nen Mr, Morris hurriedly indited the brief summons and complaint to show that he meant business, and I think he does,” BOARD OF APPORTIONMENT. On Monday atternoon, at two o'clock, the Board of Estimate and Apportionment will meet at the Comptroller's office. Yesterday aiternoon the Comptroller, pursuant to the resolutions adopted by the Board, transmitted to His Honor the Mayor @ request to call a mecting of this Board on the 24th inst., to uct upon tue issue of bonds amounting in the aggregate to 000, aud such other business “as be brought At this. crea, the resolution ofered lier at the last session, to transfer a@uy unexpended balances Dow remaining in the | Finance Department will probably be aeted upon. When this resolution was offered it was thought that the amount remaining on hand was very small, say $2,000 or $3,000. ‘Ie resolution was laid i over, and since inen Messrs. Vance and Wheeler ascertained that what the Comptrolier asked for was really the sum of $61,000, which would bea | fine little placer tor somebody. On this question, if it comes up at the next’ meeting, there will be “music in the air.?? GCITY TREASUBY. Comptroller Green reports the following receipts Of the treasury yesterday :— ; ¥rom arrears of taxes, assessments and interest... $3,315 Krom collection of assessments and intere: eui9 From market reots and fees. ‘rom water rents. | From licenses, Mayor's oifice From tees aud fines, District Total... THE O'NEIL INQUS8T, Yesterday morning Coroner Kessler held an in- quest in the case of John O'Neil, a fireman of Hook and Ladder Company No. 4, who was run over by the truck and instantly Killed while going ; toafire onthe 16th inst, Charles McNamee, as- sistant foreman of the engine, testified :—I reside at No, 607 Tenth avenue; um assistant foreman of the engin j the deceased jumped off the apparatus at Fifty-sixth street and ran ahead; at Filty- seventh street he asked “Which way we | should go,” and was told to go | through Futy-eighth street; ne then got near the right horse and bis foov slipped; he was thrown and rolied over; I shouted to’the driver, who | stopped as soon as possible; the deceased got of the truck of his own wili; it 1s customary ior fire- Men to have @ man whead to warn pedestrians; it is a rule of the department; I was going to get off myself; know of uo other member of the depart- | ment who has ever been injured in that way; @ man can always keep pace with # horse; in this case I conside BS it an unavoidable accident. Had the man perlectly still he would uot have been injured. jury handed the following verdict to the Coroner:. “That the deceased John O'Neil came to his death by juries accidentally received on the 16th inst., on bate avenue, near Fifty-seventh stree be Hoek & Ladder Company, No. 4, of the New Yor! Fire Depariment, While we fully exonerate. tne | ariver of tne truck irom any carelessness, we Would, in view of the fatal accident, recommend to the department to abolisy the old practice of letting firemen run in advance of the engines, but arn. ” treet. ing the pedestrians and vehicles off the THE FOURTH WARD MURDER, ‘The following is the result of the autopsy made by Dr. Leo at the Oak street station house yester- ay on the body of Jonn Crow, who was shot and instantly killed on Thursday night at No. 08 Cherry street by Peter Van Tweistein :— | On external exumination two wounds were found, one on the anterior aspect of the right arm, | about three inches above the elvow jomt, tue | Other on the Joreuead, on a line with the frontal | eminence, plercing through the frontal bone and | | 80 penetrating the brain. Substance produced by | | @ pistol shot, | On removal of the calvarium a profuse hemor- | rhage was found and @ lacerated wound of tue left hemisphere of the brain, at the bottom of which was a bullet, somewhat flattened on one side, with particles of iractured bone, consisting of iragments irom the external and internal tables of the skall, The injury to the arm was of minor import, tho bullet having entered on tne anterior aspect and passed out on its dorsal surface, ‘The prisoner Was committed to the Tombs and the inquest was set down for Tuesday next. A QUEER SHERIFF'S BALE, Yesterday afternoon a red fag on one of the iron | gates of the Uity Hall entrance attracted a few | urchins to the corridor, where, it was suppo: Public sale was to occur. A sale did come off, con sisting Of @ large tenement house and lot, situated on enry street, near Scammel, wifich the auctioneer said was worth $30,000. Deputy Snerin Dunlap nad charge of the sale. fhe house was started at $25 over and above the mortgages and judgments, amounting to $16,000, run up to $165, and knocked down, Ibis poteworvhy that the spectators at this sale | consisted 01 six men, two of them belonging to the | Sheriffs office, two reporters and the two bidders, | who overbid each other at $10 a pop, Four or five | unsophisticated urching completed the full au- dience, A number of sales of this kind are con- ducted in this isolated manner, and in nine cases out of ten the property thus sold is suoject to “an tending.’ | unders | relator, but to that of the body of the people whom THE COURTS. Mayor Havemeyer Brought to Terms by Judge Westbrook. The Fourth Avenue Improvement Matter. A THEATRICAL LEASE. A Sea Captain Mulcted in Damages. , The parties Dever and Secia, the facts concern- | ing whose alleged implication in the wrongtul transier of @ stolen certificate of Harlem Railway shares have been published in the HERaLp, were yesterday discharged by Judge Donohue, of the Supreme Court, The statement now is that the complaint in the case was not properly drawn up, | and hence their discharge. Captain Kemble, of the Knickerbocker, charged by William Mullen with inhuman treatment, was yesterday discharged by United States Commis- sioner Stillwell, the complainant not appearing. THE FOURTH AVENUE IMPROVE- MENT. The facts connected with the refusal of Mayor Havemeyer to countersign the warrant for pay- ment of one-half the expense incurred in the Fourtn avenue improvement, or, in other words, the sinking the track scheme to facilitate rapid transit, were given fully when the matter first came before the courts, To bring the matter to @ test application was made before Judge Westbrook, then holding Court Chambers, for a mandamus to compel the Mayor to countersign the last warrant for the city’s share of tne expense as called for under the act of the Legislature in ac- cordance with which the work is being prosecuted, which warrant had been duly drawn by the Comp- troller on the City Chamberlain, pursuant to a proper certificate presented by the superintending engineer of the work. Judge Westbrook sent down his decision tn the case yesterday, embody- ing the same in an elaborate and exhaustive opin- fon, covering over fifty pages of foolscap. A com- prenensive abstract of the opinion is given be- low:— JUDGE WE STBROOK’S OPINION. After reciting the facts of the case, including the general features of the act under which the improvement is being prosecuted, and the original act incorporating the Harlem Railroad Company, as well as various amendatory acts referring to the same, he shows how the city became respoh- sible for one-half of the cost of the improvements, such Costs to be reported by a Board of Engineers having charge of the work. It is turther stated in this connection that there was collected and paid into the city treasury $1,580,787 5 to meet its share of ‘the estimate cost. According to the act the payments on ac- count of the city were to be made in the usual way —that is to say, by Means Oo! warrants drawn on the City Chamberlain by the Comptroller, and countersigned by the Mayor. On the 14th of May, 1874, @ certificate Was made by the peperintenaing. Engineer, setting forth that $276,466 70 had been expended upon the improvement, and a warrant was drawn for half this sum, but aiter the Mayor id countersigned the same he caused his 9 to be taken therefrom and refused to bet countersign it. Upon this state of facts ap- plication was made for a peremptory mandamus directing the Mayor to countersign the warrant. As to the facts there was no dispute. The whoie controversy involved simply questions of law. ‘The opposition to tue mandamus was based en three grounds—First, thata mandamus is not the appropriate remedy; Second, that the certificate includes the cost of temporary tracks for running trains during the progress of the work and sud other items, and third, the law unconstitutional. He holds none of these grounds are tenable. The \y prokee remedy, he declares, is by mandamus, and e cites various authorities sustaining this view. AS to the expense of laying the temporary track ne holds that this 1s necessarily involved in the | whole expense. Under the law the work was to be prosecuted as @ unit, under one pian and a single superintendence. ‘he truth is that the work so runs togetner that its separation is im- possible, and since the propriety of its execu- uon is conceded by all, the apportion- ment of its cost could only be made by the legislative power in the exercise of its best judgment. He holds that it is too lave now to raise the question of constitutionality, As to the allegation that the title to the act is imper- fect, he holds that this objection is not wei! taken. He shows further that the point raised that the tax is tor the benefit of the railroad simply is un- true, as the city is equally benefited. The opinion concludes as follows:— ‘May not the act ot 1872 be regarded as the embodiment of an agreement be- tween the parties to which all have assented, upon which have acted, and the with- drawal of either from which cannot be ermitted, because y its conduct it induced the cther to incur responsibilities which it may be fairly assumed would not have | been incurred if the other had not assented? ‘The relator accepted the law by making the contract tothe work which the act required it to make. The city, through its officers, accepted it by no protest against its pecans, bY allowing she Chief Engineer of its Board of Public Works to be- come a member of the Board of Construction, which directed the work and controlled the expen- | diture by using its machinery ior the collection of taxes, to assess, levy, collect and receive into the city treasury its one-half of the cost, by drawin; warrants and paying over $1,000,000 tuereon, an pirougs its citizens by the’ payment of the tax levied tor the city’s share of the cost. Thus all parties have agreed, the city through every officer and every taxpayer. No rule of law and no rule | of honesty snould permit objections to prevail which have been so fully and so explicitly waived. Kvery taxpayer has actually paid his, her or its proportion of the amount which the city was to pay of the cust of this great improvement into the city treasary; and all except that part which has been paid out im execution of the law gull remains therein pledged to this object. It cannot be used for any other purpose without @ fraud upon the parties from whom it was collected and who paid it that this work should not fatl. Woen the Mayor refuses to countersign this war- rant as the law commands, he refuses not in order to protect nis constituency from money oppres- sively to be taken against their will, but to defeat their wishes and to appropriate their means to some use other than that to which they had pledged and dedicated it. His action in so doiug is not only contrary to the desire o1 the he projesses to reat and whose voice he should obey. The citizens of New York have aright | that their means shali be used for the very pur- pose to which they have applied them, and none of their officers should be allowed to refuse to exe- cute the trust which taxpayers, under the law, have committe to their official hands in the belief that the provisions of such trust would be faith- fay executed. The result of my examination 19 Ex the peremptory mandamus asked for should ssue, THE PARK THEATRE LEASE. Proceedings were taken some time ago by Major Macomb, owner of the Park Theatre on Broadway, to dispossess Mr. James Pursell, who holds as lessee | from him, for non-payment of $15,000 rent, A temporary injunction was grantea by the Supreme Court to restrain Justice Fowler from dispossessing Mr. Pursell, and yesterday the case came up for argument before Judge Donohue, in Su- preme Court Cl bers. Major Macomb was pr ent, as also Mr. Stuart, sub-lessee under Mr. Pur- sell. The les: contends that under the cove- nant the rent ts not yet due, while the lessor holds that toe lessee was taking the present proceed- ings merely for delay. Tne Court heard the argu- ments on an order to show cause why the injunc- tion should not be continued, pending a trial on she merits, and reseryea its decision, A SEA CAPTAIN MULCTED. enenmnetpeeenteaeenae A case was tried yesterday in the Marine Court, before Judge McAdam, in which a seaman named Antonio Silver laid claim to $1,000 damages against Joseph Irving, master of the ship Kingdom of rife, of London, for cruel, brutal and unpro- voked assault, The plaintif, who was corroborated by fiva witnesses, swore that while he was at the wieel, in the Bay of Bengal, the captain ordered him below, “ropes-ended”’ him as he was going and then flung a heavy grating on his head as he was going down the companion ladder, in- ficting serious injuries. In deience the assault was denied, and tt was olaimed that this was trumped up case to extract money trom tue cap- tain, Judge McAdam briefly summed up, and the jury gave piainti® a verdict for $500 damages against the captain, SUPREME OOURT—CHAMBERS, Decision. By Judge Donohue. Matter, &c. Hand Pegging Machine Com- Denied. Order gorcect, Tn NEW YORK HERALD, SATURDAY, AUGUST 22, 1874.—TRIPLS SHEET. SUPREME COURT—SPECIAL TERM. Decision. By Judge Donohue. Potter vs. Coulter.—Memorandum, MARINE COURT—OHAMBERS. Decisions. By Judge Joacbimsen. Lewis vs. Dorlana.—Motion to vacate order of | arrest denied, with $10 costs. | Field vs, Hulin,—Motion to dismiss complaint | denied. Race vs. Tivolt Brewery Company.—Judgment for plainti@ on referee's report. | ‘ae vs. Frankel.—Motion to vacate attachment | Green vs, Hagen.—Motion to appoint receiver | granted. | Blackiair va, Aaron.—Judgment opened on terms. | Stark vs, Zogbaun.—motion for judgment, on ac- count of frivoiousness of answer granted, with leave to answer. Martin vs. Blun.—Order of arrest vacated, with- | out costs on stipulation. Ciendenning vs. Corson.—Motion that platntim file security for costs denied, A Arthar vs. James; Storey vs. Zweig; Cooper vs. Monacheri; Cowdrey vs. Posnausky; Hess vs. Heer- brandt; Henkel vs. Stahi; Frofibein ve, Stade- hone; Iiirsch vs. ‘Missbaum.—Motion to advance causes granted.* a vs. Bosche,—Bail of defendant reduced to | Spardy vs. Hoge.—Motion for bill of particulars | granted. : *The opinion imputed to Charlos J. Shea that there | can be no trials in this Court in July and August is not official. No such opiniou or iemorandam js on file, nor did the Judge hoid Court go as to aliow him to make | @ valid judicial determimation. The Judges bolaing Court are satisfied that there is no legal ground tor en- | tertaining the notion that the Court bas ne jurisdiction | to wy any cause during those monihs. COMMON PLEAS—SPECIAL TERM Decision. By Judge J. F. Daly. Shea etal. vs. Larkin et al.—Motion denied; costs to abide event, } JEFFERSON MARKET ‘POLIGE court, More Polley Arre Belore Judge Morgan. Martin Mackey, of No. 205 South Fifth avenue, was arraigned before Judge Morgan yesterday oharged witli selling a lottery policy to one Lizzie Weston, of No. 156 Wooster street, on Wednes- day. Mackey was arrested at his place of business, No. 813, Thompson street, by OMcer Crook, of the Eighth precinct, who testi- fled that he saw him behind the desk in said place, on which were a number of lottery papers and a book used in such business. Tne prisoner ‘was held 1n $1,000 bailto answer. John Hughes and William Campbell, who were also found in the Place by Officer Crook and arrested, but were dis- ed were ln aby way connected with the business, Discovered in Time. About six o'clock on Wednesday evening Mr. Frederick Palmenberg, who occupies the fourth floor of No. 466 Broome street, and is engaged in the brass wire business, was going through the store, preparatory to leaving, and he found con- cealed behind # pile of wooden boxes a man nameu Charles Hudson. Hudson could give no satisfactory account of himself and Mr. Palmenverg sent) for _ an officer at once. Officer Maher, of the Eighth precinct, took Hudson into custody. He was arraigned before Judge Morgan yesterday morning, and held in $4,000 bail to answer. A short time ago a burglary was committed on the premises of Mr. Palmenberg. at which time @ quantity of valuable property was carried away; and it was evidently tie intention of Hudson to commit further depre- dations, as, according to his own confession, he bad remained concealed on the premises from early ca the morning tili the time he was dis- covered. FIPTY-SEVENTH STREET POLICE OOURT. Charged With Stealing Gas. Betore Judge Smith. The peculiar charge of stealing gas was preferred | ness at No. 708 Broadway. The Superintendent of the Manhattan Gaslignt Company testified that he had found the gaslights in White's place con- nected with the main in the street by means of an indiarubber tube and that the company’s gas ‘Was thus being used without a metre or their re- ceiving any remuneration therefrom. Mr. White claimed to be innocent, but he was held by the Court for trial at the General Sessions. A request i made by bis counsel for his discharge until | tois morning, when he wanted to give bail, was politely, but firmly reiused by the Court and he was committed. A Murderous Husband. his wile at No. 540 East Fifteenth street in such a brutal manner that she is now confined in Belle- vue Hospital ‘rom the effects of her injuries, was arraigned in Court, and pleaded not guilty. He was co! itedon complaint of Officer Baker, of the Mahedie Precinct, to await her recovery or her eat! Shot His Friend. Mathew Halpin, of No. 600 East Eleventh street, ‘Was placed at the bar charged with having shot in the thigh one Michael Costello, who refused to make & complaint. Contrary to the usual practice in such cases, the Court very properly refused to discharge Halpin, but committed both, in detault of $10 fine and $1,000 bail each, on & charge of disorderly conduct, which was preferred by the oMcer ip the | case, Fitzgibbon, of the Eighteenth precinct. This | | is the only way to teach young rutiians like these | | that they cannot behave themselves like brigands | in the public streets and go unpunished because of their political tafluence, A Shamefaced Swindler. Dantel McGuire, of No, 82 East Broadway, by rep- ; Tesenting himself as a canvasser of the Bank Note ) Reporter, obtained $2 50 subscription for a year from Mr. Buchanan, of No. 708 Ninth avenue, Mr. Buchanan pot recelving the Reporter every week as proniiaad became suspicious and set on foot such inquiries as resulted in proving McGuire a | fraud. He was committed for trial. He said he supposed he was guilty if Mr. Buchanan said so. KILLED AT SEA. The Mate of the Pride of the Port Ar- rested on a Charge of Manslaughter, (From the San Francisco Bulletin, August 11.) ‘The charges preferred against Thomas Strong, first mate of the ship Pride of the Port, in their enormity eciipse even those practised by the offi- cers of the Sunrise. The vessel arrived {rom Bos- ton between six and seven o'clock Saturday even- ing, and atter casting anchor two of the sailors came ashore and visited: the Police Headquarters. Ihe spokesman, Krank Farmeno, stated that, on the night of the lith of March, a Spaniard named An- | tone Spantole was ordered aloft by the mate. The man Was sick, suffering from swollen legs and feet | irom the effects of salt water and cold weather, | but endeavored to comply with the order. His pro- gress was exceedingly slow, and caused the mate to issue a voliey Of oaths and urge him to proceed | with greater speed. The mate’s remarks having little or no effect induced him to go aloft and urge the seaman on. When he reached the man he began to push him violently, at the same time applying obscene epithets. He continued this violent treatment until the man finally lost | his bold, and, falling upon the captain’s cabin, was instantly killed. Farmeno further alleges ‘that during the voyage Strong exhibited his brutal pas- sions and repeatedly beat the sailors, who re- garaed him as a despicable tyrant. Officers were Immediately despatched to apprehend Strong, and at hali-past one o'clock Sunday morning he was lodged in the City Prison. He was turned over to the United States authorities to-day on a charge of | manslaughter. Captain Baker this afternoon in- | formed a Bulletin reporter that the charges against | Strong are utterly false, and originate in conse- | quence of ill feeling among the members of the | crew against the mate. He says the crew shipped | at Boston as able-bodied seamen, but, with the exception of one or two men, they were entirely ignorant of the duties re- | quired of them. The mate was assigned the | duty Of teaching them their work, and it | was while so doing that deceased met his death. The Captain sets forth that the mate was | some distance from Spanioie when he (ell, and — could not have struck him if he had so desired, | There were no complaints during the vovage | against any of the oilicers, and, at the time of | Spaniole’s death, the mate was not accused of striking a blow. The seamen generally unite in praising the Uaptain as @ kind and efficient office The case came up before United States Commi | sioner Sawyer, in the Uircuit Court room, at two | o'clock this afternoon, Assistant District Attorney | Van Duzen appearing for the prosecution and Hail McAllister for the defence. The first witness called | was Farmeno, @ very dark-complexioned Portu- uese, Who testified to (acts similar to those cred- | ved to him above. fle was followed by jad of | seventeen, named John Baptiste, who 1s also of | timony ol Farmeno, ‘The case bad not reached a conclusion at our publication hour, NEW RICE OROP, The first “new crop” Carolina rice arrives to- day on the steamship Columbia, from Charleston, $. 0. The lot consists of two casks, and was shipped 8. C., and consigned to their house in thia city, where samples can be seen. This shipment is about fifveen days earlier than last year, and the quality is good, being quite pearly and trans parent. In regard to the crop of the present year the season has been an unusually fine one; in fact, none better since the war, and it no mishap occurs, like the gales of last September, a large yicld may we oxvecied, | rendered by the band of the United States | be remembered by some as being eighty-four years | years, while she last week saw the Battery for the | Police OMcer John Hanifer, himself a sprightiy d, there being no evidence showing they | against a respectable looking man who does busi- | © Thomas Murphy, who on Thursday night beat | 9. | The camp meeting broke up this morning. | very dark and we expected that our vessel wou Portuguese birth. Baptiste corroborated whe tes | by Messrs. Daniel Talmage’s sons, of Charleston, | BABIES ON THE WING. Two Days’ Cruise of the Barge New Bal- timore—Fourteen Hundred More Sick Children and Mothers Fed and Aired. On Thursday tte Floating Hospital took on board between 600 and 700 sick children ana motners, and yesterday it sailed again over the Sound a dis- tance of fifteen miles and return with 800 on board. The music on Tharsday was superbly receiving ship Vermont, whose services, under the leadership of Signor Conterno, had been voluntarily tendered to Mr, Wis- wall by Admiral Rowan. Yesterday the Orphan Children’s band furnished the music as usual. Among the sights on these two days of Pleasure for the destitute sick, was one which evoked much merriment, The English lady who came on board the barge @ week ago and who will of age and a resident of the lower city tor forty second time in her life, was caught dancing with youth of fifty-seven years, Not satisfied with a | square dance the old lady engaged in a waltz, with @ little girl of seven, ana WENT SPINNING ABOUT as light as a@ feather, From that moment she became an object of great admiration to all the | little ones, A poor girl of eighteen, an orphan, dying of con- sumption, sateach day on the lower deck near | the bow and drank eagerly of the fresh air. In a childish, intive way she told @ lady volunteer waitress her simple story, and how for a long time she had been hardly able to eat enough to keep lite in her wasted, worn bor. But Thorsday, she said, brought her strength and appetite. She | muat die now very soon—could live only a lew di longer at farthest—but she prayed every night that her lite might be spared her a little while yet, she | telt such exquisite pleasure in her dally sailings. Such is the happiness purchased tor many unfor- | tunates daily by the kindly contributors 60 the tund of St. John’s Guild. THE B. | 80 the doctors last Wednesday derfully revived a | out of aanger. been desperate, Y THAT WAS DYING, id, and #0 every one believed, bt, Was brought on board won- | terday, and is now considered struggle for this single hie bas | id that it has been saved is re- | garded by Drs. Thoms and Brush as a most con- vincing proof of the powerful curative influence of these excursions. The precise number of patients on board yester- day was shown by the dinner tickets to be 792. In | the two days’ excursions there were consumed | 6¢O pounds or beef, 90u quarts of milk, 400 loaves of bread, 65 pounds of butter, 60 pounds of tea, 200 | pounds of sugar and one barre! of rice. ‘The tenth excursion of the Floating Hospital Will take place on Tuesday next. Tickets will be distributed to the mothers of sick children at the various dispensaries and may also be obtained by application at the office of St. John’s Guild, No. 54 Varick street. : Aletter received last evening by Mr. Wiswall from Lieutenant Colonel James V. Roy, command- ing at Fort Columbus, in the harbor, tenders the | services of the Governor’s Island Band jor any date upon which they may be required, Destituate Sick Children’s Fund. The following additional contriputions have been received by Rev. Alvah Wiswall, Master of St. John’s Guild, and handed to Henry 0. DeWitt, Almoner:— ‘THROUG! A Young Mother..... es eesevies teen SENT TO GUILD orrics. Nellie and Fred. A. BG Excursion B. CLAPLIN AND Co, 2 PES Mra. J 10 00 A. B. 50 George J. Se: 25 00 George F. Bi 500 | Noyes & Wine 200 | do, Langdon 5 v0 William B. Kendell 10 00 | . B.. 25 a. B. 50 | Tota. dss jssecss.300 * 93 35 Amount previously acknowledged 2 60 Grand total. i $4,405 85 Contribution: ‘aI earnestly solicited at | once, and may be sent to fl Hexatp office, Mayor | Havemeyer, City Hall; Arnold, Constable & Co.. No. 835 Broadway’ D. Appleton & bo, No. 551 Broadway ; August, Belmont & Co, 19" Nassau street: Fi No. . ‘4. Conkling, President Attna Fire Insurance Company. No. 172 Broadway; H. B. Ciatlin & Co., No. 140 Church street, or Rev. Alvah Wiswall, Master of St. John’s | Guild, No. 82 Varick street. Received by the Henacp yesterday From Lattle Josi AR T.J.F, 5 “Put this where it wiii do most good’ oe 10 | POOR CHILDREN'S. PREE EXOURSION FUXD. Thanks of the Trustees—Two More Ex- cursions Desired Before Closing the Operations of the Year. New York, Augast 21, 1874, To THE EDITOR OF THE HEBALD:— The Trustees of the Poor Children’s Free Excur. sion Fund wish to tender their thanks to the pub- lic who have so generously supported their efforts to give the street children of New York an oppor- tunity gto breathe, for one day at least, the pure air of the country, with the additional pleasure of rambling in green woods and a 70) the Hudson or on the Sound. e to the jund this year have enabled the trustees 10 give eleven excursions, in whien over 22,000 voys | and girls have left the hot and dusty streets of the city lor the country, These children have been well fed and cared for, as well as amused, at the small cost of about thirty-six cents each, while the food furnished has been abundant in quantity and the best of its kind. ‘The season for these excursions is now drawing | to an end; therefore the trustees are desirous of | closing the operations for 1874 by giving two more | excursions, My order that all the poor neighbor- | hoods of the city May enjoy an equal share in | Uhe benefits of the find, To be J the expenses | of Shese two picnics the sum of at least $1,500 is | ne . Subscriptions to the fund are earnestly solicited, and the same may be sent to W. Butler Duncan, , No. 11 Nassau street; Charles H. Marshal, No. 38 | Burling slip: Theodore Roosevelt, No, 92 Maiden | lane; George H. Broadhead, New York Stock Ex- change, and Edward King, No. 73 Broadway. THE CHINCOTEAGUE CAMP. Dissolution of the Methodist Assembly— The Work of Conversion—Victims of Religious Violence. CHINCOTEAGUB [sLAND, August 17, 1874, Its first three days were not productive of such re- suitsas the ministers might have desired. The preaching, however, was not at all adapted to the peculiar character of the people addressed, being cold, methodical and argumentative, and | not strong, passionate and eXnortatory, such as the Chincoteague mind loves. After Thursday Matters mended @ little, notwithstanding the Moderator, Mr. Atkins, spent most of his time in scolding his congregation for lukewarmness in con- | tributing money and outsiders for not acceptin; the terms of the Gospel as offered. Saturday niga’ closed with a record of sixteen converts ior the week's work, The violence of the converts in {nmping and yel- ling was not without accident. Nancy Lewis was thrown, or rather crushed, on one of the benches and received internal injaries, besides having two Tibs displaced, A young convert, while comin, down to earth from one of his terrific leaps, struc! his poor old grandmother in the back and nearly killed her, but without this awful mental and phystcal excitement a Chincoteague camp mect- Ing would be of little account. Bat little remains to be sald of tneisland. It may interest Dr. Hammond to learn the fact that a case of hydrophobia has never been Known tuere and such @ thing as a muzzie for a dog was never seen on the island, A NEW YORK SOHOONER WREOKED ON A BARREN ISLAND, Yesterday afternoon there arrived in this city from Nassau a shipwrecked sailor who telis the following story:—1 was mate of the schooner | | Highiand Chief, which left New York last July | laden with ballast to obtain a cargo of fruit from Cat Island, On the 12th of July we were wrecked on Joe’s Key, near Abaco, When we ran ashore | we were under two reefed sails, The night bs | | oto pieces every moment, as the seas were | reaking over us und we were bump: | ing at a terrible rate. The next morn- | ing the sea abated somewhat and we were able to get ashore in our boat. Fortunately we | | had provisions, which we had taken ashore, and | We rigged up @ kind of canvas covering to screen us trom the weather. Lan th we should | starve to death uniess some effort was tae, | | started with two of the men for Green Turtie ts 1n our boat, which is upward of 100 miles off. If our doat had not been in good condition we should, | I think, all have perished, The American Neng oe after he had heard our story, sent wreckers au saved all that could be ovtatned from the wreck. | and had the three survivors sent to Nassa | wreck realized the sum of $608. The Hi | Chief was built in Boothbay, te of Maine, in | 1862, and was of sixty tons Fi | names of the survivors:—J. Mott, Geis; ae Cul mate; P. Miner, cook; A. Koch, satlor; F, McKenny, The 7, witn the exception of Cuiross, sailed over from Nassau to Charleston, S. ©., by the British schooner Kbe. poner, aud arcived there on the 16tn Laat, | would do so with impunity. us voyage up | subscriptions | 9 POLITICS IN PARIS. Reflections on the Work of the Last Session. Ex-Queen Isabella and Her Butcher’s Bill. AMENITIES OF THE PRESS. PARIS, August 6, 1874, At length Ministers obtain a littie-rest and faney the country ts resting woo, Marshal MacMabem remains at Versailles till the commencement of the shooting season, He is in high good humer atthe present moment, his last reception having been attended by Deputies of ail parties. M. Thiers 1s gone to Cauterets and M. Jules Favre te presumably enjoying the delights of a honey- | moon. His bride was named before her marriage Miss Velten, ‘‘Directress of the School of Evangell- cal Education.” To review THE WORK OF THE SESSION ig to take an account of empty boxes. The eleo toral franchise has been @ little tampered with; the press is a little more restricted; the Oanines has been weeded ef Bonapartists; tae Presidential powers have been left studiously anorganised. Perhaps the net result may be described as the creation of a general, feeling in the minds of Frenchmen that “something must be done.” No one knows exactly what, though two consummations are rnestly longed for by all—namely, deliverance from the Assembly and the termination of provisional government Should the isolated elections con- tinue to strengthen the republican or imperialist Parties it may safely be asserted that the Assembly nas not twelve months to live. Marshal MacMshom may then govern France alone for the rest of bis life if he pleases. The army ts devoted to him. an@ the army is the real master of the situation. Even radicals would prefer @ frank despotism (whick they would know could not last forever) to parila- mentary institutions as understood by M. de Brog- Me or M. de Fourton, Among the useful and necessary measures which have been postponed till next session are oills relating to the constitation of new faculties of medicine, the protection of childrea employed im | rope dancing, tumbling, &c.; the laws which regu- late higher instruction and the manufacture of dynamite. This last subject ought not to have been neglected, seeing it is a far more “‘barning” one than even the choice of a flag. WANTED, 4 FRENCH GUY FAWKES. Any man who 1s willing to act on the courage ot his convictions need only take a carpet bag full of dynamite with him to Versailles, and the frst time the Republic ts insulted or M. de Cassagnac shakes his fist at Gambetta the application of a fusee will wonderfully clear the air. It is calculated thet i£ & car load of dynamite were to explode near @ railway station nothing more would ever be seem of that station. Really the transport of dynamise 1g not so dangerous. A gentleman in Engl recently invited some friends to see him smasa dynamite with a hammer, warm itin a pan and take other liberties’ with it, assuring them he It was noticed thas each friend was visited by a lawyer that evening, and that none of them took a return ticket—the man of science liveda little way out of town. The experiments, however, were perfectly successful, QUEEN ISABELLA’S BUTCHER has been dunning Her Majesty. It seems the ex royalties of Spain live very simply at that aoe house, resplendent with gilding, in the Avenue da Roi de Rome. The cook contracts to feed the whole establishment at $2 50 a head daily, not tn- cluding expensive wines, The butcher ignores | this arrangement and has been rude enough te take legal proceedings. The Oourt adjourned for & week to decide whetner the Queen could be pus on oath, Considering the number of ex-royaities | at large, with no subjects to claim them, the point is of considerable importance. HOW THE NEWSPAPERS AMOSR THEMARLVAS, The papers are already trying to make the re- cess lively. According to the Gaulots, Serrano haa | Offered the post of Minister of War and s commis- | sion as general to Gambetta. “We are ina position,” adds the writer, “to confirm this statement, hay- ing seen the distinguished advocate coming out ef the chambers of M. Trochu’s notary. He bore im his hand @ packet with five green seals and @ small map of Spain.” Equally obildiem is the attack of the Siécle on the Prince Imperial. Not understanding the system of miit- tary examinations in England, that journal felt into the delicious error of fancying that Louis Na- poleon bad been plucked, and made such use of the incident @s became good repubiicans, Unfor- tunately it was alla mistake. The trath aboot tae Prince, ag I have heard from officers at Woolwick, is that His Highness ts very far from being @ fool, and still further from being @ prodigy. Helsa@ little slow, but very painstaking. I believe he cam utter commonplaces in several languages and has some skillin music, @ taste which his father dis- couraged. Itisa@pity he does not wear his hair long, or contrive a hat to shade his ears, as these Parisians, who respect nothing, are apt to draw comparisons bardly calculated to enhance the dig- nity of the Hope of France. THE LATE NAPOLBON'S AMBITION, Alexander Dumas’ reception at the Academy is fixed for next February. ft is not generaily knowa that a seat among the Immortals was the greas object of ambition of. Napoleon {Il. For several years he thought more of this and his “Life of Cesar” than of the politics of Sa- rope. One ludicrous source of alarm wae the fact that Victor Hugo was old, “If I don’t get proposed quickly,” he remarked to @ friend, “I may be elected tn his Place and have to pronounce his eulogium,” it be- ing the custom for the new member to read am essay im praise of bis predecessor. After all, the master of four hundred thousand soldiers never summoned courage to face thirty-nine men of talent. He would very likely have beem “piled,” though since his death we are finding out that he was a genius and a philanthropist, pos- sessea of zeal and courage in no common degree. This is the great reason for the distribution of prizes at the different schools. In some they have an excellent pian of giving what are called “prises of encouragement” to backward but diligent boys. It 18 an appeal to young honor to merit the dts- tinction thus freely conferred. Another custom is to kias each boy as ne steps forward to receive the reward of labor. If you could always persuade &@ lady to distribute the prizes it woula be very well, but the salutation of s venerable head mas- ter, bearded like a pard, 18 quite another affair, BOGUS TITLES TO BE DISCOUBAGED. |. Tatlhaud, the Minister of Justice, has issued @ ible circular to prefects, judges and mayors forbidding the assumption of titles without due | authorisation. A man signing himself Marquis or Count will, in future, have to prove his claim to that style. The mania for lengthening one’ name | ig extraordinary among this people. At the same time if a man has a title it ts as well that he should sign his name im full as mot. The English custom has led to some curious mistakes, as when the Duke of Hamilton and Brandon was mistaken for ® firm of wine merchants, an order being duty for- warded to “Messrs, Hamilton & Brandon.” Four of the Ministers are coming to Paris for the vacation, @ laughabte way of consoling the capital for the transfer of the seat of government to Ver- sailles, Lunderstand from a German source of informa. tion that Prince Hohenlohe’s representations to Tne | the Duke Decazes on the subject of the Pyrencaa | frontier have been perfectly friendiy and are in 20 wav resented by the French Foreign OMce. [tv | Tather seems, however, that Prince Bismarck has suffered a slight diplomatic check, his advances to the different Powers for combined intervention in Spanish affairs having been coldiy received by. Rngland aod Italy as well ag by Rasslte