The New York Herald Newspaper, June 1, 1875, Page 5

4 THE COURTS. The Lamar Cotton Claim Litigation. The Union Pacific road Suit. Rail- THE COURT OF CLAIMS DECISION. The Broadway Widening Again in Court. INTERESTING WILL CASE. i Among the contested will cases in this city the | Berew#y will case has excited unusual interest. A paper claiming to be tne wili of the deceased, pearing date the Lith of July, 1874, has been of- fered for probate before Surrogate Hutchings, by Jawes Loveridge aud Cooliage Barnard, executors, and by Mary E. Noyes, the residuary legatee. The property at stake amounts to about $150,000, Tue Probate of tuts will is vigorously contested by the légatees of 4 previous wil, H. G. ve Forest ap- pears for. the proponent of the will, and Henry L. Chnton and D. R. Jaques appear as counsel for | contestants, | On the S'h of February, 1875, Uiiza Heresey, who | | | | i ‘Was seventy-seven or seventy-eight years of age, died at No. 40 Chariton ‘street, in this city. She Bad been known fora great many years as Mrs. Biiza Yall. The house in which she died nad been owned by her for somo tweive or fiiteen years. Sue bad been an invalid for a long time, und fora year or two be/ore her death vad been scarcely able to leave her room. She had no chiicren and Bo near relations, When she commenced living @t No. 40 Chariton street she had an adoptea daughter named Melissa, who was then about ten br twelve years ol age. Iu 1869, Melissa married a roung man named James Tornbul. Some fifteen montus afterward Mrs. Tornbul gave birth to & son, and die two weeks afterward. 4& year afterward the infant son died. In 1869 Mrz. Fleresey mude a will, which was drawn for her by Quentin McAdam, a member of we Bar of this city. In this will she gave tne use W tne house No. 40 Chariton street to her adoptea laughter-for itfe, and after her death to the Five Points House of Industry, in fee. She also gave to ner cousin (or second cousin), Mary E. Noyes, | $5,000. After providing for small legacies she | made the New York Orphan Asylum residuary \egatee of the rest of her pro: erty. The executors were Joon H. Van Riper, a dry goods merchant of this city, aud his son-tu-law, Charles A, slauvelt. Oo ive Sih of Novemuer, 1870, her adopted | daughter, Mrs. Turnbul, having died, Mrs. Here - Bey made anotver wil, Which Was drawn for ber LE) Mr. MoAdam, 1) Which, among otner things, she gave Howard turpbul, the imiant son of her acupted daughter Melissa, the Interest oD $5,000 Byer until he should attain the age of twenty- one years, alter Which tae principal sum was Lo be paiu tonim. After providing for a pumber of Yemactes, Mrs. Heresvy’s cousin, Saran E. Nores, ana her davghter, Mary E. Noyes, were made Tesiduary jegaiees. Mr. Van Riper and Mr. Biau- vei Were the executo's. In November, 1572, tae infant son of the adopted faugnier ol Mrs. Heresey having died, she made a Fhird Will, which was also drawn lor ver by Mr. Mcadaw, by whica she g ve her cousin, Sarah Noyes, @lezacy of $5,000, Mr. Van Riper tne sum DI $6,000 und Adelaide Holmes, woo then kept jouse for her at No. 49 Chariton street, $5,0c0. ‘fais will gave the house ana furniture, No. 40 Chariton street, to Mrs. Blauvelt, the daughter of | r. Ven Riper and the wife of Cnaries A. Blatvell. | irs. Blauveit irom childaood Hud been an intimate triend and compauion of Melissa, the adopted | feoghter of Mrs, Heresey. She stared that she | gave the douse and iurnivure to Mrs, Biauvelt out | ue memory of Meiissu, to whom | given wem had ene lived. By this will Mrs. Heresey gave to Mary f. Noyes $1,000 a year Guiing her tile, Tne residuary iegatees were St, Luke's Home for Indigent Ouristiaa males ahd the Children’s Aid Society. Alter this will was executed Mrs. Heresey proposed to | My. and Mrs, Blauvell thac they snould keep se for her at No. 40 Coarlton street. She in- | sis"ed upon this on the ground that she nad done so muca for Mrs. blauvelt, having given her many presepis, an. baving provided by her will that she suouid become the absolute owner of the house | pd furuiture upon her (Mrs. Heresey’s) deatn. Mr. and Mrs, Blauveit accordingly moved to house No, 40 Cuaritou street im April, 1873. Mrs. Blauvelt’s housenold duties were (oo much for her strengta, and ter health gave way, in consequence | of whico, iu the followmg February, she | and ber busvand requested Mrs, Heresey 80 procure some one else to keep house for | T, to which tie ter assented. Mr. | and Mrs. Biauvelt ieit the house in April, | 1874 ‘Thetr corvial relations continued with Mr: Berese i) tothe time of ber deato. After th Bieuvelts eft James Loveridge, his wite and two Gaugnters moved to No, 40 Ubariton street, and wept house for Mrs. Heresey. Mr. Loveridge 18 an kogisnman, Who, as he testified. came to New vork in Is40, He tied upon his cro=s-exam- Matiou that jer tea years velure moving to Charl- foo street he had po other business thau nursing himscil. He stated that for several year: had been carver for Bodine, acadinet maker im this | cuy. He odtuiped trom Mrs. Heresey a lease of No. 40 Chariton street for three years, on the con dion that she reserve to herself the second floor end tua: he (Loveridge) provide her witn ‘nece: very lood.” One of} the witnesses test fed that Mrs. Loveridge, when speaking lo relerence to the such that t hod blease of Mrs. Heresey for torec years, said they 040 got the dest of her and she could not turn taem out. ip July, i874, Mr. Loveridge telegrapned to Miss Noves at Boston to come on immediately, which she did and brought with ber a frieud of ber tamuy living im toe same house with them, Qemed .ooluge Barnard. They arrived late on berurday nisht, on tue Lith of July. The followtag day, accordiag to the evidence of proponents, Mrs. Hall made @ will, by which she gave the bouse and jurniture No. 40 Chariton street to izabetn and Harriet Loveridge, daughters of | tames Loveridge, aud made Miss Noyes ter resi- | uary legatee. Jbé circumstances Which, accord | Dg to evidence, attended tne execution of , sis paper, Were very suspicious and extraordinary. Mrs. Heresey’s Jawyer, Mr. McAdam, woo had drawn all her previous wills, aod who haa her en- ‘ire confidence, was not consulted. No persons were present except those interested in the wil riZ.:—Miss Noyes, the residuary legatee: the tw executors and the Loveridge family. The will was fawn and execnted Sanday alternoon. Mr. Lov- @idge. Who, Op vo this time was ignorant oi Mrs. Hall's Intentions respecting the Will, was told by Us da irawo. ter that Mrs. Heresey desired a will | le had a biank wiil im readiness, which wa ely filed ap. One of ois daughters wen d Airs. Heresey’s physician and @ Deign- | is witues: Before Miss Lovericge re mnroed, aithough she was gone but a short time, the wil was execuiea, The two executurs, James Loveridge and Mr. Barnard, acted a8 witnesses, Loveriage immediately took tne will after it was executed and seut out for a lawyer to examine it wd see i it was ali right. Toe nextday ne ook it to the Surrogate’s to ascertain if t Was 10 proper orm. The exesation of tbe will Was oot made known to Mrs. Heresey’s ‘Fiends. Mr. \au Kiper, who had been executor ander all the previous wilis, was uot informed of che existeuce of this one. Ho, for several years belore her death, had transacted all tne business of Mrs. Heresey and had possession of ali hor secu- rities. He continued to be her business agent up | to the time of her deatu. This paper, which was executed on Sunday, was Gated the previous Satura sume of the parties presen: fearing that awn dated on Sunday would not be vatd. Mont or two alter this Will purports to have Leen executed, one o1 the Wiihesses testified that Mrs. Weresey told oer that Loveridge had atiempted to induce ner to let him take caarge of ner busi- hess adairs and discharge Mr. Van Riper, winch she reiused to do. Numerous declarations of the decoased were proved ou tie part of the contest ants, showing, as they contend, that Mrs. Here- | Rey did not KNOW O1 tue execution of this will, or, Qt ali events, did uot know its contents, Abou tbe time the Daper bears date, according to tae evidence. Mrs. Heresey was afflicted with strange Hullucimauons. She thought she was stil living i @ house, jormerly owned aud OeUpiEd by her, \p King stiest, and from which ene had moved some filtect: years oerore, having sold it to Love. ridge, Which circumstance Was thé occasion of her becoming acquainted With Lim. Soe spoke of ® neigubor, and particuiar (riend of hers, Who bad been dead some titne, as thongu she Were stil! liv log. Ste stated that sne could not remem- ber irom ove moment ww snother what Bad occurred. Althougo ste tad gives a ease to Loveridge o: her house for three feurs, yet stew months afterward iu an interview With @ iriend of hers who was visiting her, sne in. sisted that this friend should come tne.e and take the p and keep house for ner, She ead the Sonsviruiors Were trying ty vet wer money aud | she Was aivaid vf tueae Her rooms were In a siate wl great wocleaniness, She refused year after | year lo permic tem tobe cleaned, She reused i part COupany Wich tne Vermin that tohabite her ned. We CXpressed greasy ieuderness va tue | wudject Of Leabugs: she Consivered them Innocent | wad Harmless, or NO More con-equence than ftes. | Many orcumsiances have been estaviished by the | evidence 01 the coutestuats tending to siuw a | waut of testamentary capacity and that the will was the result of uniiue Inftonce, overreaching ‘vad iraud. rome 1,200 oF 1,400 pages of evidence e been taken, and (he trial is likely to b | journed, as aireacy stated, the | Cowan then struck Boetm in the face and suehin | crowd around the Arsenal. | Snea, NEW YORK HERALD, TUESDAY, JUNE 1, 1875.-TRIPLE SHEET. for some considerable time. Great interest ts felt in tne result. ‘The case has been progressing for several months before the Surrogate and is now going on from day to day. DECISIONS. SUPREME COUBT—GENEBAL TERM. Among toe decisions given by the Supreme Court, General Term, were the following :— On trial of the suit of Minnie Hauck against | L. Harrison and 8. N. Pike tor vreaca of contract | with her for an operatic season, toe plaintif’ set | up that Pike was tnaorser of the contract, as security to her, The defeuce by Pike’s executor sbowed that Mr. Pike Was not an indorser bi party to the contract, anda juror was withdrawn to enable plaintil’s counsel to ameud the plead | ings. On appeal from this oracr the General | ‘Terto, through Judge Daniels, decided that tne | proot was Pike maa made himself responsible, | whether by indorsement or otherwise, ana tne | withdrawal ol @ juror was unnecessary. The case therefore goes to trial again on the old con aint. barry General Term, Judge Brady giving the opinion. decided m tne cas* of The People ex rel. Hogan vs. Flynn, tuat toe law giving clerks of the District Courts tenure of office ec appointment inoependentiy of the will of tne Judge during his | terth, does not apply to tue Assistant Clerk, and | that the latter comes under the general statute | giving the a; pointing officer power of removal, ‘dhe Supreme Court, Chambers, struck out frivolous the answer ot the city m the sutt of S. P. Dinsmore, for advertising in The Stockholder, viz at plain was never employeu to pup- lisp the notices. The General Term, through dudge Brads, reverses the decision, holding that the Appointment of the plarntiy was essential to us claim, | A imesstnger of the President of the Board of Aldermen, according to tre decision of the Su- | preme Court tu the case of Terence P. Smith vs. the city, 18 not an oflicer within the pronibition of tue charter agaist the creation of new efiices, aud Is therefore entitied to pay. 1u the case ol Daniel Fallon, who brought suit against the city for rental of the armory occupied by the Sixth regiment, and in which the Court be- low directed a verdict 1u nis favor, the exceptions on the partot the deiendant to be heard in the first instance in this Court, the Court tn its de- cisiun—Judge Davis writing the opinion—hoids that the suit is not for arrears or reut within the meaning of the act of 1875, The Court also hots | that the case should have been sent to the jury on the questiou of fraud, that enough was not shown by the plaustift io authorize the Supervisors in making the lease, that the occupation ot the premises by the Sixth regiment was not such @ Tatification of the lease a5 Makes it obligatory on | the‘county or city, aud that validity cannot be | giveu to @ lease void for want of autnority to make It, or for Iraud in makiog it, because of the use of the premises by some regiment asrigned to | them, it 1s another question whether any. and | what, liability can grow out of sach occupancy. Mouion lor a new trial ts therefore granted. i COLLEGE OF VETERINARY SUR- GEONS. ‘The affairs of this college have been before the | courts im various ways during the past six montns. A division arose in the Board of ‘Trustees with reierence to its management about | a@ year ago. Edward Van Ranst, who was jor- meriy a trustee, but removed over eleven years | ago, commenced a suit to be reinstated, and, if successful, the effect would have been to change Michael Hasset and Patrick Ahearn, ceny; Same vs. Wiliam Oliver, gr sarcen) Sate vs. Oswald Ediidts, graud larceny; Same vs. Margaret Ryan, grand larcevy; Same vs. Join Grogan, graod larceny; Same vs. James Daly and Ernest Kuoff, grand larceny; Same Hunter, grand jarcepy; Same ve. Thomas McLal vion, forgery; Same vs. Jonu F. Pike; Same vs. Joho Meyers, grand larceny; Same vs. Charles Rieger, petit larceny; Same vs. Margarey Finn, iv larceny ; Same vs. James Mprphy, assault aud attery; Same vs. Mary Henry, cisorderly house. BATTLING WITH BUTLER. THE LAMAR COTTON CLAIM LITIGATION—THE ESSEX STATESMAN SUED FOR TEN THOUSAND DOLLARS— PROCEEDINGS BEFORE JUDGE BENEDICT. General Benjamin F, Butler was in the United States District Court in Brooklyn yesteraay after- noon, to look after pis interests in the sult of Jas- a. lar per K. Herbert against him for $10,000. The case | nas occasioned conside! able comment among law- — yers, owing to the peculiar nature of the ifansac- | ‘The case was opened | tion which caused the snit, by John H. Bergen, counsel for the plaiauf, who id that the late Gazaway B, Lamar several years ago retained Jasper K. Herbert, of New York, to prosecute his claim for $690,000 for cotton owned by Nim, which was confiscated, After the close of the war, and after he had taken the oath of amnesty, Mr. bronght the action agalust the government agents in the United States Cireutt Court at Boston. | General Benjamin F. Butler was employed, with Mr. Herbert, in the prosecution of the suit, Which continued One week, and resulted In @ pro forma verdict for the delendant, subject to review by the United States Supreme Court, where the case now stands for argument on @ writ of error. | Whule the case was on trial in Boston the Court of | Clauns-gave Lainar a judgment in another cotton case for over $575,000, and the government ap- pealed from the judgment. Mr. Lamar retained | Mr. Herbert in that case to get the appeal dis- | missed, agreeing to pay nim $20,000 fer his ser- vices, Herbert employed Butler to assist him in this case also. The appeal was dismissed and Lamar received his money. General Butler received the upon between Herbert and Lamar, and also $5,000 for his services in the Boston suit. Re then refused to pay Herbert any of this money. aud the Suit 1s brouxiit to recover balf of the $20,000, Jasper K. Herber!, the plaintiff, tnen testified that he em) loyed General Butler in 1873 as associ- ate counsel in the case of Mr. Lamar to procure the dismissal o1,an appeal from tne decision of the $20,000 agreed tatner and told witness toget hima copy of the in the Court of Claims in Washington city; when | witness brought bim the record General Butler said:—“What avout fees?” witness told him he could have $5,000 or $10,000 and that he (witness) had an agreement with Mr. Lamar; General But ler said “Ali right" and went awur; witness had told Butler that the compensa'ion he was to re- General Butler told him to and argued the motion to disimiss the appeal, which was granted on October 25, 1873; witness next heard of the case when he met the contro! of the college irom the majority to the minority of the trustees. An injunction was granted in his favor, which was afew days ago, on appeal by the majority of the trustees, vacated. Voue the injunction was in torce a meeting of the trusices was oeld, Seven oi the trustees, representing @ legal majority, voted to acioura, wile the President of the Board, one of the minority, declared the motion lost—cououng the vote of Van Kanst, which made seven iD favor of the motion to seven against. The Vice President, a member of the opposition, declared, bOlWithstandiug,. the motion carried, and bis party thereupon put on their hats and leit the roouw where the meeting was held. Toe other | trustees remaiued and proceeded with the election — ot officers, The memovers of the Meaicat | Faculty reiused to act with the victors, and | resigned in & body. A suil was suosequently brought to review the valiaity of this election, | and toe General lerm o! the Supreme Court ren- | dered a decision on Friday last. Judge Brady, | writing (he opinion, say “At that meeting & Invtiotl Was made to aajoury, aud, excluding tae vote of Van Ranst, 1b was carried, but by ad- | mutting bis vote it was lost. He bad vo P hae to vote, as appears by decision ia bi ase just rendered, anu all the subsequent proceedings on | that day Were illega!. Tne wecting had been ad- journea. The delendant, Crawford, was reim- Stated in the same manner that Van Ranst had | nd, accuraing to tae decision In the Van | Ranst case, already mentionea, he must be re- garded as out of the Board of Trustees. The meeting of the 9th of December having been tempt of those who remained to act was Iutile.’? The effect of this decisioa is to render invatid all the proceed- ings of the trustees since the 9th of December. Messrs. Roe and Macklin appearea for plaintiits, aud Messrs. Aravax aod MacRae for the detend- ants. ESSEX MARKET POLICE COURT. Before Judge Morgan. THE PISTOL ON THE EAST SIDE. Joun Cowan, said to be an usher im the Bowery Thestre, residing at No. 141 Mulberry street, was arraigned on ® charge of shooting Charles L. Boenm, of No. 82 avenue A, in the left breast, and he was held to await the result of (ne injuries, About two o’clock yesterday morning Cowan was eutering the house No. 537 Fifth street, with a young lady named Mary Meegan, who resides at | the abvve number. boehm was lyingon the stoop | asieep, aud apparently somewhat intoxi- | cated. in eudeavoring ti pass over | Boehin's boay, shea completely obstructea the entrance, the heel of Miss Meegan’s boot strucn his head, Whereupon soenm sudaenly Juroped up and commenced to use foul and abusive language toward Miss Meegan. lmmeulately returned the blow. ‘the two men fought ontil they reacued the middle of the street, waoeu Cowan pulled ont a pistol and shot his an- tagonist. OmMcer Lit le arrested both Cowan and Boenm, who was lying in the street iusensidle, from was carried on @ stretcner to wnence re- loss of blood, the Firth street station house and wi moved to Bellevue Hospi-al, Where he now lies in & very dangerous condition. ball bas pen¢iraced the lung. ana his recovery is dvubtiul, When brougnt vefore Judge Moran yesterday moruing Miss Meegan said she was Standing on the stoop curing the whoie straggie between the two meu, but did not hear the re- | ort of a pistol por see any pistol. Judge Morgan | held her in $500 bat! to appear asa witness. | | FIFTY-SEVENTH STREET COURT. Before Justice Kilbreth. | ARREST OF A PICKPOCKET. | | | 18 thought the Officer Murrey, of the Central Park police, on Sanday caught a pickpocket at work among the ‘The thief, who gave tne name of Eawara Jones, was committed for | trial, | MURDEROUS RUM. | During 8 brawl ia an uptown groggery on Sun- | day night Neil Deneby, of Forty-fiith street and | Third avenue, stabbed tn the neck Char'es Higgins, of No. West Forty-iourtn street. Denehy was held to await the result of Higgins’ tnjaries, which are severe. OUTRAGEOUS ASSAULT IN THE PARK. On Sunday evening a young woman named Liz- zie Freeuart, of No, 977 First avenue, visited Cen- tral Park, in company with @ male acquaintance | ined James Tickuey. While there taey were joined by a friend of Tickney, magned Coniis | Retliy. Wolle passing tnrough # lomesome path in the Rambie the scoundrels threw Lizzie to the ground aud committed a brutal outrage upon her. Her screams bronuht the Park police to the spot, and ue rufians were arrested. Both were com- mitted for urtal, | COURY CALENDARS—THIS DAY, Surreme Cocri—CaamMeens—Held by Judge Law- | 49, 67, 74, 76, 81, 92, 96, 119, 120, 122, 263, 274, 307, 310, 314, 9, 360, 361, 362, q ‘OURT—GBNERAL JERM— Adjourned until the Ist oi July. SCPREME COURT—SPROIAL TERM.—Adjourned for the tern. Scpxewe Covrt—Crnccrr—Part 1 and 2.—aa. | journed wr the term. Part Hela by Jud —Snort causes—Nos, 2780, 1237, 2847, 28° 1367's, 286 SUPERIOR, CovRr—SrrciaL Jnage Van Vorst COMBION PLEAS GENERAL until Monday, June 25, 1875. COMMON PLEAS—CRIAL TERM—Part L—adjourned for the term. t ~Adjourned until the first Monday {n June, 187 MARINE COURT—GENERAL TERM—Held by Judges Joactinsen ana AlKer,—Non-enumerated Motions-—Sioan ee al. vs. Backer; Hoffman vs. Hotiman; Miller vs. Koehler et Huss vs. Car! Same vs. Same; same vs. Same; Mond va, Aarons: Sume vs. Same; Wiitams vs, Kidder et al; ie rain vs, Oukley; Heinemann vs, Chepper; Water. bury vs. Hewlett. Enumerated—Nos, 1, 2, 8, 4, by 6, 7, 8, @ 10, Ld, 12, 13, 14, 15, 16, 17, 18, 19, 20, 42, 25, 24, 26, 20 MARINE Court PRIA TERM—Parts 1, 2, gnd 3 sdjourhed for the réra, ¢ ‘1hRM.—adjournea CouRr oF NDRAL Smesions—Heid by Jud Satheriana.—Tue Peopie vs. Wille Boyle rit} Thomes Har bargiary; Same vs. Jonn Smith, Durgery: Same vs. Jace alpim and lizzie Uigeios, burgiavy; Same vs. Charnes Brewer, burgiary Samo ve. Partick Hanty | sod John Huanes, bargiary: Same ve. Frank | _ Keay, (ilomious assvult and battery; Same rs, | General Butler i | in thatof a cross action pi | alreaay mace. | ment and to withhold sil of the freight money New York; to Washiigion togetner; Williams had the appeal reinstated on tbe calendar, while Butler informed the witness, in Aptil, 1874, tnat 18 was dismissed; witness did not get bis tee; applied for it first to Limar and then to General Butler; told Batier that Lamar had iniormed him that he hud paid Butler $25,000, aud he (Herbert) must get his money from him; when the witness asked General Batier for his lee e General stamped one loot on the flour and id, “I haven’t got one cent for you * Deienaaut’s counsel, John E. Deviin, of New York, refused to aduit that General Butier ceived $25,000. Mr. Bergen offered in evidence & check for tnat amount on Souutter & Co., of No, 53 Wilham street, N Gorsed by Gener it Bat jorse jene % Ueneral Butler was then sworn. He testified that derbert told him in Washington that be was emnployea by Mr. Lamar to collect some Claims for cotton, und desired Butier’s assistance, which the jJatter granted; after the appeal was dismissed the Attorney Genera! moved jor a reinstacement, | and the Court revoked the order of dismissal; Mr. Lamar had told General Butler that he would pay $25,000 to have the appeal aismissed through the | and it bad been paid; | | Hervert had brought snit against Lamar for his Attorney General's oile portion of the jee; Lamar had died before tne case ‘was decided, and now he haa brought an action b wien ‘The case at this point adjourned till this morning at eleven o’ciock, When the counsel will sum up and the case will be given to the jury. UNITED STATES COURT, IN ADMI- RALTY. SALVAGE MONEY RECOVERED—DECISION BY JUDGE BENEDICT. Judge Benedict yesterday rendered a aecision in the suit of William Roberts vs. The Schooner J. E, Ridgeway. on the East River, New York, out into the stream, one night last fall. It seems that the steamer River Belle, which was lying at the same pler, took fire and was destroyed. During the fire the mate, asked the captain of the tugboat to tow tne" vessel out into the middie of the fiver, and we would pay him $500 for it. The work Was periormed, bu when tne pill was sent inthe mate said that he bad made no suc ree- ment as that set jorth. Judge Benedict said ne thouxzht the mate was not telling the truth, and that such aa agreement was perfectiy justifiable, asit was equivalent to salvage. The danger of destructiun of the schooner was not imminent, However, as there were two steamers on the dock and tbe wooden sheds on the same side of the pier were saved. in consideration of & Court awarded the plainiid $100. COURT OF APPEALS. ALBANY, May 31, 1875. No, 48, Albert 8. Galinp and others, respondents, vs. Samuel S. Lederer, appellant; passed. No, 50. | Peter Phillips, respondent, vs. Joseph Gailout, ap- pellant; argued by Nathaniel C. Moak, of counsel for appellant, and by & Hand for respondent. No. 56. Harrison Judd, respondent, vs. William Seek- ins ud others, appellants; submitted. No. Tne Pacific tron Works, respondent, vs. The Long isiand Company, appellant; argued by A. J. Vanderpoel, of counsel fur appellant, aoa by Roger H. Lyou, for respondent. No, 60. Noah Wheaton, respondent, vs. James Fay. pee! ot; reued by H. 1’. Lowoscad, of counsel for appet nt, and by 8. Hand for respondent. Adjourced until to-morrow. DAY CALEADAR. The following is tne day calendar for the Court of Appeals, ior Tuesday, June 1: 18, 19, 20, 45, 53. THE UNION PACIFIC SUITS. DECISION OF THE COURT OF CLAIMS IN FAVOR OF THE COMPANY—THE CROSS-ACTION OF THE GOVERNMENT DISMISSED. WASHINGTON, May 31, 1875. In the Court of Claims to.cay Judge Nott de- livered the opimion in the case of the Calon Pa- cific Railroad Company vs. the United States. He anid: This case came before the Court in two distinct forms; first, in. that of an action orought by the Union Pacttc Kailroad Coinpany to recover one-half ol certain freignt earnings withhelt trom ilby the governinen’ iby the Unite Fecover the back anterest which they hava paid to third persons upon their t beret: to the company, to ts road. th ronment h her vy might withhotd all of these ea n in payment of their advances fi y maintain their action for the in terest on the jiistant it ts paid to the hol ers ot the bruds, Brierly stared, rie STATUTORY misToRY of (he case is this:—1he act of 1862 provided that ail ings of the road for governny 1 be applied to the payn imterest of the bonds The luted a bail tor the who, aud assurea tho the payment of the remaiming bait. The act of isvt “directed the re: ¥ Of the ireasury, who had re centiy refused to pay the if. to go on paying it a8 be. fore.” The act of 1873 changed this poitc ry to assert the right of seto and “directed in the govern. until the pointshould be eettied by thecourts.”” Both of the last cited acts lef the former undisturbed. and did not assume ange it or intertere with the legul i of the par oa. ‘The statute, the ¢ kes no distinction ween prinetp that the debt tc n the de Hon of the the See sali c ont prec largely 1 appears t amentor the tran advance for Pind it te sud i we reverse the condition suntiar loss would fi sponding ga it the upon the company and a corn the goveruaient ihat is to say, shad required a iatger amount of portation and the net earnings had greatly ex ceeded the reality, so that the two more than equalled the imverest, then the company wontd be paying of the principal of its altimate Infeo@dness to the government Jone oarore ihe government woukl be paying 8 dehis to the bondholders, ana ae the company aa ior Gag. 4 11s road “to secure the payment oF the amount of Danes, ragetser WIP all the interest thereon wile Uther Tabi bah Patt lows ot ite: y the United stares,” & corte st NpoN Interest would Hkewise fall {POR (Now, when the statute bas provided two sources for the pavinent NOt only of the Interest, Dut of « great deal more=that {* to say. of « portion of the — principai=fetore becoines due, wat reason can there he the judiciary ©) inter: polate by mere construction a third sources into the statute? Assuredly pone. It the stature had stopped With interest, and fad proved thatthe ressinder, 1 wovert Thomas | Herbert | Court of Claims; Geueral Butler accepted a ie- | Papers, but the cuse was not docketed; this was | ceive from Lamar was $20,000; soun alter this | Keep his bands off” | they went | Antorney General — ew York, payable to General | signed by Lamar and tn- | Action was brought to recover the | sum of $500 for towing the schooner from a pier | 1% fact the | Nos. 61, 62; 64, | y, of the transportation moneys and five per cent should be paid to the company, there would’ be good reason for saying that a reciprocal obligation was im- Phed and that the company shouia be heid liable to | Binke ‘the iwterest account whole. But in the plight in | which Congress has placed the reciprocal apd inter. | | mingling rights and the interests of the parties we see No reason why the government should call the varying | balance of its advances a liquidated present debt sub. | ject to immediate collection, But beyond the confines | Of a disputed constriction remains ove uneontroverted | provision in the statute, whieh seeins decisive of the | legislative intent. Ihe only party to whoin au option | wasreserved by the act isthe government, ana that | system Is the important right of making the company’s | Sorvices as hitle or asgreat as it pleases. If it reanires these services the company cannot withhold them. It | es ali employment the company cannot exact | THE COMPACT ORIGINALLY STOOD | | the government could keep down the interest without | the expenditure ot any ready money, by simply furnish- ing to the company the employmeni, and it uizht push this advantage to an un imiled extent, even to carryl the earninzs of the road to the liquidation of the de | betore it matured, The subs: went statute, whic substituted a halt tor the whole of the earnmes did nct affect, the legal imports of the goverument’s re- Served discretion nor change the leral relations | of the parties, nor vary the construction applicaole | to the original statuie, ( was an alternative. in | degree and’ not in kind and still left the comoany in | this matter of service entirely snblect to the orders of | the government. In the contemplation of the law the wrong and injury of which the government complains | are eptrely ot its own choosing. Courts of law cannot | heinvoked wo aid persons where they themselves pi | sess the means ol redress. It an ordinary parly | were to come into another court with’ such a | complaint he would be told “either vou have wilfully withheld this employment from the | other “contractor or you have been unable to | furnish it to him.” | then the tagit is your own, and you caunot ascribe wrong toone whom Yon contess nas always been willing | to repay vou in the manner which your agreement pre scribes. It the latter is the fact then, because the sources ol payment which you provided disappointed you an | becauss the paymentin kind which you elected to take If the turmer supposition is the fact | | gives you more of tho transportation service than vou | really require, you are teving to shift your loss to other shoulders than your own. Your misiortune is realy this, thet you made an fmprovident bargain, tne sepowest of THY Ce fs thaitthe claimant recover of the def@ndants the sam of | $512,632 50. and that the counter claim of the defendants | be dismissed. Notr.—-This counter claim of the government ts that | the defendants are not indebted to the claimant under | the provisions of the act of July 1, 1802, the actot July | 120 \ait, or any other act of Congress or otherwise ; and { rther, that the claimant ts indebted to the defendants | | pith suim of $12,000/K0 tor the payment ot interest on | | bonds, eS | | UNITED STATES SUPREME COURT. ; | DECISION IN CASE GROWING OUT OF THE | | WIDENING OF BROADWAY, NEW YORE, FROM | THIRTY-FOURTH TO FIFTY-NINTH STREET. | | WASHINGTON, May 31, 1875. | | No, 156. Daniel Garrison, plaintiff in error, vs. The | | Mayor, Aldermen and Commonalty of the city of New | | York—In error to the Circuit Court of the Southern Dis- | | trict of New York. | In May, 1869, the Legislature of the State of New York | | passed an act, entitled “An act to alter the map or plan | of the city of New York, and to carry the alteratibns | into effect,” providing for the widening and straighten ing of Broadway, in the city of New York, between ‘Vhirty-fourth and Fifty-ninth streets. It required the | Commissioners of the Central Park of the city, within LONDON GOSSIP. The Chances of European | War. | THE DOGS IN LEASH. | | Bismarck’s Mistake France's | Opportunity. | THE COACHING CLUB'S TURN-OUT. | | | | The Modern Babylon’s Chit-Chat Odds and-Ends. | | Lonpow, May 19, 1875. | We have been on the very brink of a crisis. Ministers bave fortunately been enabled to go away into the country for their Whitsuntide holl- dave with quiet consciences; but the shave has been remarkably close, and the dauger may probably only be deferred, From what I have heard, on the highest authority, within the last lew days, I have not the slightest hesitation in informing your | Teaders that a rupture between France and Ger- many was not merely imminent, bur that the Ger- man troops were all ready to cross into French terntory, and would nave done so. The fons et origo of the bitter feeling prompting | tae war party at Berlin, of which he is the nead, is, undonbtediy, PRINCE BISMARCK. Under the mask of a rough, jovial and careless exterior this man—aptly named the “bnily of Eu- rope’’—is as craity as Machiavelli, as diplomatic as Talheyrand; while ne openly swaggers he is secretiy scheming, and, though he projessediy relies on the enormous amount of brute force at | his command, he never for an instant neglecis to | once only, did he deceive bims avail himself of bis large knowledge of the wiles of statecrait or the power of intrigue. Qnee, and and make a wrong forecast; but that was on a most important occasion, aid the whole of Lurope is reaping the | fruits of it by being kept in a state o! simmering | four months after its passage, to lay outand establish the | | lines of the street, so as to widen and straighten ft, and to | | canse certificates and maps ot the location of the new lines to be filed in certain vuplie oes proposed improvement, and that the part of Broadway thus laid out and established should be one of the public streets of the city in li effect as it it had been so laid out on the plan of the city under an act passed in {507, entitled “An act relative to iu the ettv of New Work, and for other par. | posea. It also provided that any part of the strect not em within the new lin he Legislature in force reisting’ to the opening, | widening and improving of streets in the city should | apply to that part of Broadway tous lua out, and to proceedings under the act sofar as they were apolicable. ‘and the act required the poration Counsel, when the Commissioners bad filed their maps and ceraiicates, to take the proper steps on behalf of the city to acquire title to the jands needed, and tor that purpose to apply | to the Supreme Court a | appoytment ot Commissioners of Estimate aud Assess. | meatt who were authorized to assess upon the city such and conclusive as to the extent and boundaries ot the | y special term thereot tor the | of the city, ant | declared that such certificates and maps should be Onal | manner and with the same | expectation and anxious confusion ever since. ‘That error of Bismarck’s was lus fallure to per- ceive the wondrous ip) VITALITY OF FRANCE and the recuperative power of Frenchmen, At the close of the last war he imagiued that France, with some of her most important fortresses wrested from her, with thousands of her best sons | slain in her defence, torn with internal tactions wements touching the laying out of streets and | be closed, and that the acts | | part of the expenses of the imorovement asin their | rd of the whol and to desig! ate in their report, which was to | appoiniment, the time for the opening of | “The Commissioners then appointed we: © street, quired to | make a just and equitabie estimate ment of | the loss and damuge, if any, over and above the | benefit and advanta; r ‘of the beueft and | advaniage, if any, over and above tho toss and damage, as the cass mieht be, to the respective lessses, becupiers of OWiers and persousentitied to or inter ested in tne lands and premises reavired or affected by the proseeding Vaniige to be confined within certain designa‘et tim! ot further provides that all awards to the. « pe placed by the Chamberlain (th ity) to the credit of the Sinking Fund. and that alt ards siiould be paid by him to the parties en- | titled thereto. Under this act the measures suthorizea were taken, | and three Commissioners of Estimate were appointed | By the Supreine Court, who made a revort of their vro- seedings, which was confirmed by order ot the Court on the 23 hot December, 1870. ‘The revort included, among numerous other awards, an award of $40,000 to’ the plaintff, as his damages for taxing u portion ofa leasehold estate held by hit on Broadway. aud it Mixed the time for the actual opening j of the new street at the dist of December, | 1:70, The act also provides that within this period. | notwithstanding the pendescy of the appeal, & | motion might ‘be made on behalf of the city’ to any Justice of the supreme Court at a ~pecial Terin or, Chambers, to vacate the order; and made it the duty of | the Court or Justice vo hear the same. and deciarea that | if it should appear that there was any error, mistake or irregularity, or illegal act in the proceedings at anv stuge, or that the assessments for benefit or the for damage, oF either of them, had been vata | just or ineqnitable and oppressive, as respec: | or any person affected ereby. the Court or should make the order of confirmation, witic nd an. the city Justice shoud then be void, and refer the matter back to new Commis | sloners, who shouid proceed to amend and correct the report, or to make A new assessment. in whole or in | part, as the Court or Justice should direct. Under this act, upon notice to the parites interested, | a motion was made on behalf of the city at a special | term of the supreme Court to vacate the order. Upon tins notion afidavils were read and the parties were | heard by coansel. Ihe Court vacated tne order of con- firmation and appointed new Commissioners to amend and correct the report and make a new award of dam. age and assessment. In its order vacating (he confirma. tion, and sis for the ordet, the Court dvelared that it ap that there had been error, mistak in the proceedings, and 1 4 the award for ¢ inequitadie and oppre | respects the city and ozhers. ‘The present brought to recover the amount | of 840,00 made to the plaintit by the report of the first | Commissioners, the plaintif alleging in his complaint nip Of the leasehold estate taken, the pro forthe estimate and assessment of damages. | ana the ¢oniirmation of the report by the suprema art on the 2h ot December. Is. and insisting that wee of the act or the Legisiature, and the laws therein referred to, the proceedings were final and closive, and the fee of the property had vested in the eiy, and tne right to the par- ; ment of the award had vested in the plain tt, In answer to this action the city set up the which the awara was proceedings by vacated, and tosisted that the title to the premises me honed had not vested ty the city, and that the reat to the amount awarded had not vested in the plaintit he ground that ant to Lue con . in that it impairs the obligations of a contra » the constitution of the state. that i iter ta vest a vested right contrary to the law ot the land and without toe process of Inw, The Court overruled the demorrer, sustained the plea sa nar 16 the action and gave judgment for the de- The case thence came here, and tollowing 15 | the substance of the opinion of the Court, delivered by Justice Freie An act of the Lagisiature of the State of New York, passed in} lation to the widening ani ening of Broadway, in the city of New Yor nz the Supreme Court of the State to vac wade in 18.0. confirming the report of Commissioners of | Estimate and Assessment respecting the proper:y take | from which order no appeal wa le, At error, Mie take. irregularity or illegal acts appeared in the pro the f Febrnapy £7. 18/1, was stitntion of the United ceeaings of the Commissioners, or tle assessinents | for Denent, or the awards for damage, or j either of them, had heen antair and unjust of inequitable ‘or — oppressive respects, city of any person affected thereoy and to refer the matter back to new Commissioners to amend or correct the report orto make aA new assessment, ts not uneonstitntional as impairing the obligation of con tracts or depriving a person of @ vestoa right without duo process ot | the In the proceedings to condemn property for pabiic use there is nothing ip the nature of a thevween the owner and. the Bt or the Corporat teh the virvue of her right of eminent author! take the property, ail that c or of the United states or j doing that a just compensatte owner, bis property can then song The proceedt taken without his eon- to ascertain the compensation to be Property taken for public use ix is der her controt compensation to be ear authorize the vacation ot any ing en by her direction where the proceeding has been irregularity or fraudulently conducted, of in which error has itervened, and order anew inquest, provided such methods ot procedure be observed as Will secure a feir hearing irom the parties interesied in tne property. Until the property is actn aliy takeo and the compensation ts made or provided, the power of the state over the matter is not ended THE POLICE PARADE. The annual parade of the police force, which ‘Will take place this afternoon, will be, in point of numbers, one of the most imposing that has oc- curred for several years, as fully 1,500 memoers of the department will tara out im ruil dress ant- form. The ime will form tn Lafayette place at haif-past one o'clock and will march promptly at two o'clock. @ entire force will be commanded by Superintendent Walling, assisted by Inspector rhorne ana Drit! Captain Copeland, who have veen seiceted as aids, Inspectors Wuks, McDermott aad Speight will command tae Kirst, Second aad Third Wattalions respectively. The romte to be traversed 18 a follows: Yrow Laayeite piace, through Great Jones reet, to the Bowery; aown tne Bowery to Canal street, throug Canal strees to Broadway, up Broadway to Unton square; thence up Pourth ave. nue tu (Wenty-taird street, through Iwenty-third street ty Madison nue, ip Madison avenue co | ‘Tmriy-lourth street, througn Thirty-fourth street tu Futh avenue, down Filth ayeone to Seven | teenth street and through Seventeenth street to the plaza of Unton squar $18 eXpected Ut the procession Will reach the latter place at four o'clock, where the iorce will be reviewed oy (he Mayer and Common Conacli, tne heads of tne vations departments aad sevcral , otner dignitaries who have bec invited 1o be | present, | opimon would be Jus: and equitadye, not exceeding one- | thi made within eight months after incir | the assessment tor benefit and ad- | rds | wrangling over her bleeding body, and oppressed by an enormous war indemnity demanded from her, was wholly crippled i! not wholiy crushed. The events of the last two or three years have proved tne folly of his conjectures, and have shown bim an entirely different state of things; the war indemnity has been paid off, and, thouga the sitly partisans of the Comte de Chamoord and | the Orleans famuy have from tie to time bick- ered among themselves, the Republic would scem to be firmly estabiished. There 1s not the sligntest doubs that France is rich, if pot richer, than she was before she entered upon toe last war, and it is admitre.. by all who have seen them toat the French soldiery of the present duy are more su- perior tn driil aad discipline than their prede- cessors Of 1870, Aud all ciasses, from tue Ighest to the lowest, are animated with one buruing desire to regain tlie honor whien they have lost and the provinces wuich have been wrested irom them. No one is more cognizant of this ALL ABSORBING PASSION than Prince Bismarck timself, By the ald of that inteligence Depariment which he aod Moltke have Lrought to sucn a piten of perfection he 1s kept accurately, inlormed of all that passes i France. And nis spies do not limit thetr reports to actious, ‘they are careful to wake tuewselves acquainted with tne spirit which animates the French people, their hopes sud iears, their ten- denc.es and desires. From this source, then, Bi marek is mage aware that the resources of the army of France are growing year oy year, that they have but one aim and ovject, and ‘that, uutess speedy opportunity is taken to crush tiem, they will exceed even the enormous military array wutcn Gerthany 1s prepared to put ito the field. ‘There is, toecrefore, but one idea in Bismarck’s imind—the necessity of speeuily cailing upoa Frauce to disarm, and, tn the event of ner retusal, once more to send tie German armies acrose the Rhine, The ONLY EUROPEAN POWER on mn of offering any effective opposition to tnis scheme is Russia, and though the meeting of the two Kimyerors bas just tiad @ pacific result at re- | mains to be seen tow long the influence o! tne Czar Will be suMicient to hold the dogs of war in their leash. Toere is no one wuo has such influ ence-with the Emperor Alexander as nis uncie. the Emperor of German: ad good old Kaiser Wineim, whatever be way tnink towne contrary, is Dut a plaything in Bismarce’s bands. What may pappea between France and Germany 1s practicaly immaterial to Russia. So long as she Is Rot aisiurbed in her plaas o; Eastern anaexa tion she has no need 10 busy bHersell wito what occurs In Earope. During ihe Franco-’russian war M. Thigrs und other french statesmen vainly hoped to enlist Russia’s sympathies on the side ol France; bat the Emperor of the North looked | camly oa’ while France was writning under tne heel of its Geriaao oppre-sor. With this state of tings in view it is evident that the rest of Europe must be aceply interesied in ascertaiuing WHAT TRANSPIRED AT BERLIN. On this pornt the impression pievatent among the best iniormed cireies in Loadon is not a very Teassuring one. [t is Ormly believed that while it Was agreed aavisable that all excernal signs of Irritation suonid be caremliy repressed, the two emperors in council wita their principal advisers, Gortschakoff and Bismarck, came to the determi- nation that France should be privately calied upon to disarm aod threatened ia the event of lier Te asai Wita MMediate mvasion, It 1s beleved in @ smail bat exceilently intormed circie iu Loudon that this is wnat really transpired, ana « London Tunes staves about Lord Dert addressed a despaten @Xx pressing a very decisive opinion wit regard to the Mmainteaunce of peace 1s looked upon as a Darmiess fiction. lhe pest in formed among Englishmen know, thougn they peroaps Would not be resdy to admit it, toat the docurine Of Don-interveniion has veen carried jar as to render What we suy or do of very little account in tae councils 6. Europe, 1am afraid, trom ali | ean near, that England ts Not likely to oe Very largely represented at the PHILADELPHIA CENTENNIAL EXHIBITION, Colonel Forney, Wio 1s & rare favorite with us, and Woo is managing matters with great courtesy and dipiomatic skil\. is, | understand, litle in despair at tue turn waoich things are taking. Engiish manuiacturers ecine to se ineir goods while having to pay toe (tighten! tari im posed on ail Imported Wares, and It ts urged, with mu nat It ts aosurd imagine that Brit turers have sen eagerness to ceteorate te Ceatennial of Americana Ladepend- ence as to be willing to incor @ financial burden, to relieve them of which the American celebranta poiely bat firmly dectine. | annex sowe re marks from the Daffy News of this day, which seem to me to be peouilarly apposite :— We scarcely w: that one manuiacturers, adopting he first glance this not monatural view of the maicer, & trom ¢ But we venture to torw xhibits to Hntladetphia money into the r that Were first solicited to send tor pibitton their reply was “Ww and they can hitlon Was A h browsht he opinion wert than stioned whether the as a Whold have ever fully realized the adence of the protective iaritt; while small section bave any extended ac th the character of knghsh manutactar and scarcely any Know at What prices {tis possible tor these to be sold when disposed of first hand and git tho medinm of @ middieman. The hxpe latiract large vumbers of potential ¢ remote regions or the states. people ecenrs 2 Atiantic, DIE wie w their own in as purchaser: land will put er e Atlant when ward t that the Fren remember al demand in France tor about the Cobden treaty im the Uaited states ie stronge Mm France, and it may weil he American pub! m compal intanece w (hem and show menu how far their money wonlt go with her and how well ¥ them, were there oniy a reasonable « proaibitor «The trae way te ft Amertcn the fe tomark the he a be the hammer the realization of the bord pnlar nh of thes When a pia o in a New York Ame ar ered to ver dollar, but Gis he must pay three more quarter dollars in the name of custome dues beiore he can take his ourchase away, and he will find nimse oved bY a “rong temptation to ask | Prohiviive-protective | N exploded anachronism. -| whether the whole system of imposts fe not a mistake and TH COACHING clUB—A ROYAL PARTY's ra- CAPE—THE PRINCR IN THE ZAST—DR, KENEALY—CHIEF JUSTICE COCKBITRN—COPY- } RIGHT. | Lowpos, May 15, 1875. “The days go by and do not resemble each | otter,” save in the multiplicity of their engage ments and In toe fact that they are all devoted to Pleasure. The cold spring has departed aud we | right in bis assertion that the breed of horses 1 (ng under homicidal and suicidal manta, and | Reception B seem to bave rushed into summer with a bound The squares and parks are gay with flowering lilacs and chestnut trees, and London seems to be too full to hold another persona. [never saw Hyae Park so crammed as tt was on Wednesday last, on the occasion of the first public turnout this sea son of THE COACHING CLUB. The meet was at the magazine, on the banks o the Serpentine, and long before balf-past four the appointed bour, the road was thronged wit? pedestrians and people on horseback, azd the police bad bard work to keep the way clear for unt splendid crags which came rolling in from evers side to the rendezvous. Whether Wr. Chaplin deteriorating in this country T know not, butit is certain that most of the teams when turned out oy Wednesday last were much inierior to tacse T have seen on former occasions. The horses driven by the Duke of Beaufort may be named as an exception. The Duke 18 the President of the club, and, of course, took the lead in the provession of the twenty-eignt coaches, whica Started pretty punctuaily to the time Axed upen. Qa the box at nis left sat the Prince of Wale: looking in the best of health and spirits. Ovher notable teams were those of Mr. N. de Kotlsoutld. Mr. Marietta, Lord Carrington and Loré Cole. O14 Ward, the well-known whip and teacuer of driv ing, brought up the rear, with a coact and team of his own. The Princess o: Wales in an open baronche, accompanied by two of hei chudren, had pailed up near tne Marble Arch te See the coaches pass, and they all saluted her at they went by. Tt was intended that the members of the clus should dine together at the Alexanara Palace, but only five of the coaches made their way so far out, the rest turning back and again appear- ing in the park, where they tntensified tae con- fasion already caused by the itnes of the cate rlages, 1our abreast, slowly creeping from end to ena of the drive. The Row, too, was fuli of eques- -trians, for the weather has suddenly come in so hot that people find 1t impossible to ride ia tue glare of the noonday sun, and prefer waiting until the evening, When there is some grateful shade, ‘The Princess of Wales drives regularly, and 39, Since her return to town, does the Du o) Kadinburgh. But there is a very great difference in the reception accorded to tne two ladies, the first betug untversaiy saluted, the secoud be but little poticed, Beauty 1s but skin deep, ail KUOW; DULL the Duchess Were a littie more comely she would probably experience greater favor trom tae populace, lo Whom her manner 18 the reverse of gracious. NARNOW ESOAVH OF A ROYAL PARTY. Apropos of royal personages, the Princess of Wares and her children had a uarrow escape the otner day, when avelling from Lonvon to Wiad or, A Dullet, discharged, tt 18 supposed, irom a NIC Shattered the thick plate glass window Nv roval saloon, and was picked up by Priace It 18 nob beleved to ave Deen A of wiliul assault—provably the foolish trick me silly scuvol boy, Who ought t> have his taken out dt Mim by 4 good flogging with & birch rod. ‘This said birch rod was ordered fo be avpl sii NCE at the Queev, but ‘tuar sentence Was remitted and he was tenced to Australia, Whence he ns returne He was jound on th occasion of a last drawing room, by @ deveciive, prowling about the gates of Buckinguam jalace at tne exact sjot Waere he made his previvus attempt, and being recogaized was at once arrested. 4 medical €Xamiudtion bas proved that he is labor idea was, after jetting the Queen see fia, te take away his life by throwing liimsel) wider the whcels of her carriage. The poor wretch has been removed to Hanwell, and will be taken care of tut the rest of mis «a THE VISU TO INDIA, Stilt talking Oo! royal personages, { must mention that when 1% was undersioou that tne Prince o Wales’ visit to lodia was deuiteiy settled, thar vevy outspoken journal, the Loudon Horld, ia av article gave the Prince the greatest credit ior Ms many good qualities, DUE Counsetied ulm iu thu Hastern expedition ‘to be a@ litte circamspoc! m the choice of bis fellow travellers. ‘Tor gental spirits of the ciup smoking room were all very well, it said, in their place, bu better men Were needed as the Prince's com pauions ON sucu a tour. “In faci,” said tac Loo don World, “itis advisabie that he ve preparec if needs be to lorego the sweets Of society, eveD ot Nym, Bardolpu and Pstol, aud to take Chie Justice Gascoyne into his confidence and ol imumacy.” The Prince seems to have taken this aaviee ju good part, for! understand he as re quested the Duke of Sutheriand to accompany him to India. There are few men better calei- lated for ihe post oi Mentor. The Duke of Suth- of Albert Vietor, case d to the boy O'Connor, Who, some two years pave of na n only erland 18 @ mau inthe prime of mladle age, whe ; has seen a great deal of the world, large views of all matters and is eminentiy trank ana outspoken. More than once Ddefure this has ne been calied upon to give advice to the Prince on delicace subjects, and he bas never esitaced to speaking his mind. His compauionsaip would be most valuable to the Prince, and the know!- edge that he is going on the expedition will ve very well received vy tue peope of Bagland. Toough. DR. KENEALY has not been heard of jor some time tu Parlia- ment, be would sti!) seem to oe irrepressible. We are threatened Wiih another memoer of the (am- uly in our Senate, the Doctor's son, Mr. Ahmed having issaed tis address to tne electors ot Nor. wich, where there 18 # Vacancy, and being, tb ts said, determined to stand. The Mayor of Nor as reiused the Doctor and hs son the use » Andrew's Hail jor public meetings, ane nev have consequently called their supporters together tu various swall pubuc Ounses Lt 15 not supposed taat young Kenealy has mach cnauce, but the folly of the public 18 beyona caleniation, and no one Can speak wita certainty of tne result. CHIEF JUSTICE COCKBURN. While upon the Keaeaiy subject | may remark thatJ dined last week at a grand banquet in tue city, given by the Neediemaners’ Company, a wiich the health oi the Lord Chief Justice, whe was present, was drauk, aud an allasion made te by waich be has beea assaiied ic f tne £Lnglishman. I have had the honor Ol a persona uaimiance Witu Sir ex amier Cockburn fur many years, butt never saw so completely touched, ‘ine tware ruiled down his cheeks and his voice was proken With CHULON When Le Grst stood up to retura aie thanks. He made & beautiful speech, a most te ling point in winen Was fis recoguition of to good feeling Which, Nowever Wrovg It might be prompted the poor deiuded peopie, that ts to say ihe lower classes, to espouse tue cause of @ mao Who they believed to be suffering wader aristo cratic tyranny. COPYRIGHT. ‘The copyright question is ceing ventilated, and this week Mr. Disraeli received a deputation o auchors at his oficial restdence in Downlug street. Mr. Charles Reade was there, long-winded and ersistent; Mr. G. A. Sala, lerce aau aguressive r. sdward Jenks, sofe and persagsive o though he were danuling Ginx’s Baby on 418 arma. Mr. tom Taylor cawe out very strongiy, as be- comes a whoiesaie transiator and adapter on rhe fu0)-ct of the Wromus he has suilered at tha bans of pirates. Nor was ibe female eicment wanting. Mrs, Braddon was there, and Mrs, Lyon Linton, who wrote tne ‘Girt of the Period” tn toe Saturday Revi nd WhO, In tre Cornnill, criet to persuade us that our temale servants cugnt te be asked ap occasionally into the drawipg room to play OF Pianos and take 4 Land at cards with us, gleaming adably at the Premier throagh her Spectacics. Mr. Disraeli did not say much to tne pugpose, Dut he was cheering aad polite, and die bo the depuiation in & pleassat frame o mind, CAPTURE OF A BURGLAR. Retween two and tiree o'clock yesterday mora- ing Officer Armstrong observed a suspicious-look ing man passing along Grove street, Jersey City. toward the Erie Railway. Toe officer, hiding be hind a large tree, was not seen by the man. Hy quietly followed on the stranger’s track vill im came to Oficer Jackman’s post. Both oficers moved cautiously along till they heard the sound of failing giass, when they rusned — ond caugnt the man. He bad smasned in rhe giass of Mr. Joun Kuntz’s store, No. 442, ana oa taken Out some pieces of cloth. Fimaing himse 10 tue tolls he dropped sowe implements througn the grating, but they were soon found and proved to be burglars’ tools inciudiug several keys ana asteel dimond jof cuttigy glars, Proots were soon adduced that he wal the thief who robbed the store of Hulshizer & Co. on Pavonia avenge last week. Some of the stofen property was found to Dis possession, and was inily iwentined, Captain Van Riper, of the Second preciner, says be Will oe able to trace many of the ja'€ Pobveries to this man, Who gives his name as Jobn Morgan, twenty-one years of age ands native of Pailadelphia. About four o'ciock yesterday morning a similar attempt Was Made to roh tae store of Joseph Kyan, in berren avonne, near Fairmount avenue Jersey City. ‘The tolef broke a large pane of glass in the window of one store, and ras groping through the hole for pleces of cloth when one of the workmen, who was awakened py the noise, jumped towa’ d the window, aud the roober Re SHOOTING AFFRAY At about one o'clock yesterday afternoon + family quarrel took piace between Jonn Lees Aged Sixty-fve years, residing at the corner o Bighty-sixth street aud the Sunievard, aud his son-in-law, eter Dorbe, aged forty yeats, of No. 287 Tntra avende, curing whivn Lees drew a pisto and fired two shots at Doroe, one of the & taking effect in the lett snoulder, mficting av seVore, but Not necessartiy fatal, Wouod. Tae 1 Jured man Was removed to the Ninety -ninth Stre Hospital, where his wounds wei Gressed, and Lees was arrested aad locked Oy