The New York Herald Newspaper, June 12, 1875, Page 11

_- HE COURTS. — ‘Curlous Revelations in the Wishart Ha- beas Corpus Proceedings. INTERESTING LIFE INSURANCE CASE, Further Illustrations of the Com p- troller’s Contumacy, A negro went before Commissioner Betts yes- terday aod asked him to issue @ warrant against A party who, he said, bad refused to sell him a | plate of ice cream, The Commissioner dia not | entertain the case, stating that it did not come | within the provisions of the Civil Rights bill, Judge Brady, in Sopreme Court, Chambers, granted a temporary injunction yesterday against the proprietors of the Hochery Ulinton Garden, restraining them from giving further performs | guces until the payment of their license feo. Whe suit of Eugene A. Heath against Theodore P. Austin, which had been on trial for several gays past before Judge lreedman, in superior Court, Part 1, was terminated yesterday by a verdict for the defendant, The action was brought to recover 10,000 sharesof the Meath & Smith MaSulacturing Company. The connsel set up that the shares had been given in trust to tne de- fendant to secure cortain claims aghinst the com- pany. THE WISHART HABEAS CORPUS CASE. ‘The examination iu the case of Robert H. Wish- art, held for extradition on a charge of forgery, | Was resumed yesterday before Judge Davis in the Court of Oyer Terminer. Quite a number of wit- nesses were examined, tho prisoner betng repre- sented by Mr, Charles W. Lrooke, and the prose- cution by Assistant District Attorneys Rollins and Lyon. Captain Irving testified that ne found Hilt in Germantown, near Philadelpbia; he went there accompanied by Detectives Doyle, Silleck, Dusen- ‘Dury and two otbers; he arrested Hilt, but was Mot permitted to take him away; Hut was held to ‘ball by # United States Commissioner tn Philadel- phia; afterward he was subponaed to attend aw rainst Hilt in Pmlavelpiia on a charge of | 4 this was about the 25th of November, ‘1674; did not advise Wishart to complain of Batcneler, alias Hilt, to the United States authort- tes, charging him with forging United States bonus, United States currency or New York ‘Ceutrat Ratiroad bonds; detatied several ‘men from the detective office to watch the Nice of Hilt, at No, 88 New street; they searched (ls office subse neste ane found forged Untied States and New York Central and Audson River Railroad bonds and forged fifty-cent currence: wtamps to the amount of $17,000; they were hid- deu under the carpet; & copper plate wae also | Far in one of the drawers of a desk tn to ef ge | ad | ad known Wishart about three years, an: uring that time never heard auything derogatory to bis character. Superintendent Walling testified that ne was in- formed in November last that there were spurious United States bonds being put upon the market, | and that a charge was mado at his office that J. | E. Batcheler was forging railroad bonds in New street, in this city i search was wade aud forged | bonds found in his oiice, No. 43 New street; the ‘witness was informed by Captain Lrving that the ‘man Batcheler was Hilt, aud that he was in Paila- d@elpuia; Irving Was given insiructions to work up iC C&se. ‘Wishart’s counse! Offered in evidence an indict- ‘ment against Hilt found in the United States Gee ot Puiledelphia, charging him withdorging United States bond for $5,000. Detective Silleck swore tuat in 1874 he watched the office of Hilt, alias Bafcheler, and finally on | Searching it jound railroad end United States ‘Donds, some Of which were concealed under the | carpet; he aigo Went witn the other officers to ‘Philadelphia to arrest Hilt, and ‘found him in bed | nd took him into custody; but was not permitted o take nim away, he being heid by the United States Commissioner to auswer a charge of lor- ery. : Olticer Thomas Doyle testified that-he was in the company of the preceding witness when the oMee of Hilt, aliss Batcheier, Was searched; they found 30,000 or $40,000 tn United States and ratiroad nds, and & plate a ne tifty cent currency motes; he was detailed to wateh Hilt, alias J. 15 | /Batcheler. Commissioner Shields testified that George F. Hilt, alias Batcheler, signed a bond under an tn- dictment against G. F. Hilt as George F. Hult and ‘principal in such indictmen Detective Dusenbury testified that he knew | Dotu Wishart and Hilt, and that he was detatied ‘with other officers in 1874 to search the oilice of ler & Co., No. 48 New street, and on bat ion Hilt represented bimself as Batch- jpier, and Witness laentified Lim as 4 man be had ten seen in Wall sireetin company with Jack ‘Cantor, the noted forger, now in state Prisen. \_ The janitor of the building In which Hilt’s, alias Batcheler’s, office was, testified to his (Hlit's) hay- ‘ang applied to him to rent the olice; he then gave is ame as Batcheier, but Was uhable wo give any Telerence, but this was compromised by the pay- ‘ment of three months’ rent 10 advance. Horace Prindie, formeriy Vice President of the Geiunct People’s Insurance Company, of Philad hia, Was sworn tu behal! of Hilt, allas Batoheler, je testified that he knew Wishart under the pame of Batoheler. On cross-examination he further stifled that borrowed from James A. Gaw, of ladelphia, a large amount of bonds, over $20,000 orth, of which some were Uuited States bonds, ior ne purpose of exhibiting the assets of the comp: ‘When the Insurance Examiner of the State calle to make an examination o! the affatrs of the com- any ; he borrowed these bonds for one day and for he loan paid between $5,000 and 36,000; he wasre- | rea to Gaw vy George f. Helmbold, Who pur- ported to be a broker aud published an insurance | journal; Le did not kuow the bonds were raised; ia ny oe — bed, iney King, end the loan was negotiated under ‘is direction. Several messenger hoys testified that they hed ‘been often at the ofMfce of Ratehcler & Co. and | (ever saw any one there but Wishart; on one oo- ‘casion one of the boys Heard some one tn The office mi 2s Batcheler. Louls Wilheim, a clerk the Safegaard Insurance Company, vestified shat he came to New York on one oceasion with ‘Hilt and met W rt, Who Was Introduced to him ‘as Batcheler and answered to that name; he also saw him several tines since, addressed him as Batoheler; On cross-exa jon he testified that when be first formed tne acquainiance of ‘Bilt doth were members of the same Bible class. George ¥. Hilt testified that he was iormerly Beecretary of the Sai ‘d insurance Company, and Was first introduced to Wishart by the name of Goorge F. Hilt (his OWn name) and that eudsequently Knew bim as Batcheler. Ti wit- es denied that he ever had an ofiice in New | treet, and never went by the name of Batcheler. in being cro Xemined be stated that $100,000 | ‘of the capital of the Safeguard Insurance Com- any Waspaid up, but could only give items of ts for $52,000; he had stock to the amount of | arg in the company; he borowed United tates stocks to tue amount of $100,000 from G To Increase the Capital of the Company, alvhqui at the time of such loan the assets of the Cot pany were 4 traction more than its liabilities; he eerese, to pay Gaw five per cent per annum for The joan, the iatter ae t the coupons; he was o wive ho security ‘or the bonds, but they wi to be Subject to the control of Gaw in the h: Ofa third party. When he got possession of ihem he retained them, but Gaw subsequently Ddorrowed $50,000 of the amount to lend to Priudie, of the People’s Insurance Company, for a day; Gaw refused to give these back and Wishart an @man named Davis, alias Stevens, went to him Hilt) and said he could get them back by paying 7,000, Which he did and obtained them; subse- quently Wishart agreed to furnish stock’ of the Chicago and Northwestern Railread Company ia substitution of Gaw'’s bonds; the negetiation @bout these, as well asthe transier of the Gaw Donds, was in @ house of prostitution, In whieh | one of the parties to the transaction (Stevens) pe or irequented; he did not know that the | nds were iorged or altered until they were | a in possession of by the United Svates autnori- 10: )_ Tho farther eXamination Was adjourned until ‘Thursday next. | | VERDICT AGAINST AN INSURANCE é COMPANY. | In Superior Conrt, Part 2, before Judge Monell @nd 4 jury, Susan RK. Wright brougat sult against ‘the Equitadie Life Insurance Company to recover 61,500, the amount of @ polfvy on the life of her usdand, which the company had refused to pay, On the ground that the premiums had not been ne according to the requirements of the policy. he plainti#® claimed that when the policy was taken out there was a verbal agreement with the agent of the company that te premium was to be ag on demand at the residence of the insured, ut that the agent never called for the money, and, therefore, the premiam remaineti unpaid, The company made reply that they were not responsible for the acts of their agents, and What ‘was done by him Was done without authority, The Jory, after a short deiiveration, rendered a ver- oot ga Uhe plaid for $804 97, with intebest and Gosts, VERDICTS AGAINST THE CITY. Tn the Court of Conrmon Pleas, before Judge J, F. Daly, seven sults were beid yesterday for Ciaims against the city by varioug oficers of the | Boards of Aldermon and Assistant Aldermen in | 4872, The two Boards had raised the daiaries ot | AROH respective oMloars and tie Additional oom: | | of alimony | tried. | to the State Prison for one year, A Wires o'clock to the moxaine OMoer Thomas Rel, pensation demanded under suen tnoreaso of pa cr} ent by the Comptrojler gn the Froua thas itm Wogal.” dug aly overruled @ defence, and dirt verdicts for the various sOitors for the amounts claimed, James enany, $383; 3B. James Waish, ; Ber Mark rpeae ; Constantine Donoho, $630, and Patrick Reid, $873. The piaintils were rep- resented by Mr. Wiliiam F, McNamara ana the city by Assistans Corporation Vaunsel DL. J. bean, MARINE COURT—PART 1 Before Judge Alker, “A VERDICT IN FAVOR OF TH CITY. Creggy v3. The Mayor, &c.—Thiq was an action brought by a carman against the Vorporation to recover the value of a horse and medical treat- ment to the animal, injured by falling into a man- hole, which the plaintiff claimed was left open through the negligence of the defendanvs offivers, He vestifies that on a morning in November last he.was proceeding to his work, driving a team of horses ana using proper precautions against acci- dent, as he turned from Eleventh street into Greenwich, the off forefoot of one of his team went down into a manhole between the railroad track and curb, which had beén left uncovered; that the other horse pulled ,bim out, when both hind feet went down, 80 injuring him that aiter eight weoks’ treatment he Was pronounced incur- avle aud soid for $5. The horse’s' value is set at $850 and $100 claimed for the attendance of a veterinary surgeon. Tho plaintif’s son, who was on the truck With him, corroborated his evidence a8 Lo proper look-out being Kept. On the part of the defence the circumstances under which the cover was broken we: nownh and the diligence used in repairing {t; that it was broken one af- ternoon and repaired about noen next day, and that in the meantime about a dozen barrels were used by the police officers on duty to close the aperture, a new one being obtained as the old one was destroyed. The more important evidence, however, was that of @ Carman, who stood on the corner, and a cigar dealer, who testified post- tively that as the plaintm sopepsued be was not | looking forward, but was turned aside, pearly ocoupied with somo matter on his truck and that the lines were lying over the seat. Judge Alker | cautioned the jury against the prejudice which was often manifested toward corporations in ac- tions at law, and charged the that if the plain- til was Wholly free from negligence he was en- titled to recover, but that, if he fatled to exercise | that care which was called for in the driver of a | Vehicle, and especially fre ng the crowded streets of this city, and thereby contributed to the accident, a recovery could not ve had. The Jury rendered a verdict in favor of the defendant, DECISIONS. SUPREME GOURT-—CHAMBERS by Judge Lawrence. Wright vs. Wright e¢ al.—Motion for leave to amend complaint ts grant Bayles: ver kursied Kiersted vs. Bayles.—Mem- Orandums ior counsel, Marstera vs. Delancy.—I shall not disturb the judgment envered in this case. Scbelly vs, Diett.—Motion for @ bill of particu- lars is denied, with $10 costs. r, Anderson vs. Anderson.—Report of referee con- Srmed and judgment of divorce granted to the hain iii, Pine Nassau Bark vs. Cowles and Another.—If counsel desire to withdraw the application im this case the papers can be obtained from the Clerk in Circult, Part 2. Whalen vs. Burke.—The case musi be sent back of the Tenth precinct, was along Broome Street and discovered ti ne 8 door of No. id been broken ops He rapped for assist- And alarmed the hous . A Snorpugh le over the hoase and traces of the search was burglar found on each landing, Lip A ne was | discovered secreted in the cellar, buried In a heap | of coal, with his boots off. Fle was identified by the Rare 8 4 notoriows character, and Judge Smith committed him in default of $1,500 pail, ALLEGED EMBEZZLEMENT. Robert Porter, @ bartender, employed at No. 31 Perk row, was yesterday held for trial in $1,000 on a charge of embezzling $33 from hts employer, DARING ATTEMPT AT HIGHWAY ROBBERY. At noon yesterday, as Mr. Paul Richtor, of No, 128 Forsyth street, was walking through Chrystie street, ana when near the corner of Bayard street, be was suddenly attacked and knocked down by Henry Obermeyer. The thief then attempted to grab his wate! OMecer Mullery, of the Tenth precinct, saw the Occurrence and arrested Over: meyer after a short struggle, Jadge Smith com- mitted him 1m $1,000 ball to answer, UNITED STATES SUPREME COURT. TITLE TO BONDS AND COUPONS—GENERAL BU'T- LEL'S RULE IN NEW ORLEANS—A QUESTION OY MILITARY AND CIVIL, AUTHORITY. WASHINGTON, June 11, 1875. The following opinions have been rendered by the Supreme Court of the United States:— No, 1 (original), The State of Texas, complatin- ant, vs. George W, White, John Cuiles et al,—Pe- tition for a rule on John Chiles.—Mr, Justice Miller carwares the opinion of the Court, in substance as follows :— Jn the original decree tu this case White and Chiles were perpetually enjoined from setting up any claim or title to any of the bonds or coupons attached to them, which were the subject matter of the suit. (Bonds known as Texas Indemnity bonds, issued to the State by tne United States, andsold by the rebel authorities at the outbreak of the war.) The bili, answers and Peococcinas in the case show that the purpose of the suit was to establish the titie Of the State to these bonds, andto free it irom the embarrassment of the claim of the defendants, All parties \o the suit Were, therefore, bound by the decive as to the title, and because Chiles Was the owner, or now claims to be the owner, through a traus- action not set up inhis answer, he is not the less concluded and bound to obey the above injunction, Notwithstanding he how asserts a different title, or source of ttle, held by him when the suit was brought, from the ove imputed to him in the sutt lefended by him, he is in contempt of court iu setting up and seeking to enforce this claim. Punishments for contempt of court have two 41. ‘To vindicate the dignity of the pect shown to It or its orders, 2 ‘To compel the periormance of some order or de cree of the Court, which it is in the power of the party to perform, and which he refuses to obey, In the present case there is no part or the original decree which Chiles can perlorm which remaims ubexecuted, and no additional order or decree can be made for bim to perform iu this proceed- | ing for contempt. Tne Court, therefore, sentences him to a fine of $250 and costs, for his contempt in setting up a claim of title to seventy-six of the | bonds mentioned in the decree. No. 202, The Mechanics and Traders’ Bank, plaintif’ in error, vs. The Union Bank of Louist- | ana—in error to the Supreme Court of the state of Louistana.—Mr. Justice Strong delivered the opinton of the Court tn sudstanee as follows :— ‘The facts in tis case are that in May, 1862, after to the refereo for a speciti¢ Anding as to the value Of the alleged extra work, and 1 Jrom the evidence said value Cannot be determined, tue case should | be reneard before the referee. if | Hart vs. Petit.—Tne defendants, Murphy & Nes- | bit, may serve the amended bill of particulars on | payment of $10 costs of motion to the plaintim, | and on condition that they serve sald amended bill within five days Irom tits date. No postpoue- { ment of the trial to be had before the reterce on account of this order. | Crave vs, Farnham.—The commissioner to whom | the first commission was iasued Was so negiigent im executing tt that I do not deem it proper to send the commission back to him in the face of we Gefendant’s objections. A commission may be | issued to a new commissioner if the piamtiT de- | sires it, in which commissien the deiendant may join. SUPERIOR COURT—SPECIAL TERM. By Judge Spetr. Oraig vs. Nye; Gienny ve, World Mutual Life Insurance Company.—Orders granted. Hoivrook, recetver, &c., v8. Orgler, &c.—Motion granted on payment of $10 costs. Parker vs. rrison ct al.—Ordered that the plaintiff fle security for costs. Order to ve setiled ‘on notice. Lawrenee et al., vs. Cabot et al—Case and amendments settled. a he) vs, Lustig. —Movton to punish for contempt jenied, trial this term demed. In thls case the payment may be suspended witil the action 18 If it be Gestred by the parties to have a speedy determination of the action they can con- seut to an order of reference. COMMON PLEAS—SPECIAL TERM, bg Loew. Cummings vs. Timbermaun.—The motion 1s denied, but under the circumetances without co! sts. | Lincoln .v8. Burton.—Motion denied without costs. see memorandum. Root et al., vs. Gage.—Motion granted. Jacobs vs. Lichtenstein.—Appiication granted. Jarvis et al, ¥8. Dri et al.—Motion to place cause on special calendar of short causes granted, COURT OF GENERAL SESSIONS, Betore Recorder Hackett, BURGLARIES AND LARCENIES—[RIALS, ACQUIT- TALS, CONVICTIONS AND SENTENCES. The first case calted yesterday by Assistant Dis- trict Attorney Nowan was an indictment against Fritz Muller, Who was charged with effecting an omtrance mto the dwelling house of Joseph Woll, No. 50 Forsyth street, on the 26th of May, and stealing clothing valued at $40, The prisoner pleaded gutity to burglary in the second degree, and the Recorder sentenced him to the State Prison for seven years. Oswald Edlidts, who on the Mth of May stole $135 im money from William Nurge, pleaded guilty toau attempt at grand larceny. He was sent to the State Prison for eigiteen months, John H. Wilson pleaded guily to assault and battery, the allegation being that on the 17th of May he cut William H, Lamis on the shoulder with a koti Judgment imposed by ti Btigene Vonen wis Others ior burgiariously entering the premises of Joseph Mosenthal, on the 19th of last month, at No. u34 West Fifty-second street, and stealing a clock and a violin, worth $2 30, He pleaded guilty to ap attompt to commit the offence. As the pris- oner was under sixteen years of age, His Honor sent him (o the House of Refuge. Thomas Hunter was tried upon a charge of larceny in stealing, on the loth of Janual fitty ounds Of tobaceo, valued at $45, the property jerman Cohen. He was found guilty and reco mended to mercy. His Honor sentenced Hunter . Court Julius Hinterbuber, who, on the 28th of April, stole 1 package of patent ynodteine valued at $36, piece guilty to an attempt, He was sent to the nitentiary for six months, Edward Donohue was tried upon a charge ot ceiving pictures, with @ guilty know! they Were stolen by & boy Named Chri: from his employer, James W. Lioya, N street. There was no evid t i | Charge, and the jury were jastructed to render a verdict of aequittai. Thomas Thompson waz also nequitted vpon an Indictment charging him with sieal. Patrick McNulty on the 22d of May. The evidence showed that they were on a drunken spree, John Moere and John Oetley (bo; charged with burglariously entering the apart- | ments of Margaret Gugney, at No. 653 West Tnirry- | second street, were tried, but as the proof fated | to estabiish the allegation the jury rendered a ed at the bar, | Verdict of not guilty. Ra MeCoy was then pi charged with perpetrating an outrage upon Sa: Robinson, When she took the wittens chair the sald she fad never seen the prisoner. DistRICT ATTORNEY—Y0u can step down and out. The Reconpek—Gentlemen, you wili render a | Verdict of motgailty. The jury did so, and MeQoy waiked out of court, Kaward Watson was charged with stealing a dinmond ring, worth $650, on the 4th ef May, from a tray of rings, which a clerk Iu the employ of Randail, Barmore & Co., corner of Maiden jane street, exbibited to the prisomer and who contracted for & ring. It was too ‘we, and it Was to have been alterod in an hour for him. Before they left the stere the clerk no- | tuced a diamond ring of inferior vatue in the tray which Was not of their manufactuy) One of tho | Accused parties demand Spot and the missing ring Was not found. W: said that they could search him at she si house, and he was conveyed thither, The wit- ness supposed that on the way be must have di- | vested himself of the valuable ring; but as there ‘Was no legal proof agatass Watson’ be was die | charged. Johu Moriarty. a youth, Who was charged with Stealing ten cents from the person of William | Weber, pleaded guilty to an attempt to commit that offence, Me was sent to the Penitentiary fer six months, Frank Kelly pleaded gnilty to pointing a pistol at Wiiltam Hl. Lusk on the 16th of May. His Nonor sent him to the Pepitentiary for three montus, ESSEX MARKET POLICE COURT, Before Jaige Smith, A VIGILANT OFFICER, Apother nifdnight marauder was captnred yeq- terday in the act of perpetrating a daring bur- | glary on the drug store of ex-Senator A, W. Welseman at No, 27 Broomo street, About | ), Who were Motion that this case beset down for | One year in the eae Was the | n Was jointly Indicted with two | | in error, } bars | question exclusively for the State tribunals. | raised au imp the capture of New Orleans by the United States Army, General Butler, then in command of the army at that place, issued a general order ap- pointing Major J, M. Bell, volunteer aide-de-camp ofthe division staff, Provost Judge of the city, and directed that he should be obeyed and re- spected accordingly. ‘The same order appoiated Captain J. H. Freuch Provost Marshal of the city end Captain Stafford D-puty Provost Marshal. A fow days after this order the Union Bauk lent to the piaintut the sum of 000, and subse- quently, the loan not having been repaid, brought suit before the Provost Judge to recover the debt, | The defence was taken that the judge bad no jurisdiction over civil cases, but judgment was given against the borrowers, ard they paid the money gnaer protest, To recover It back 1s tho object of the present sult, and the contention of the plaintiff is that the judgment was illegal and void, because the Provost Court had no jurisdic- tion of the case. The judgment of the Disurict | Court was ane. the pliintia, aod this judgment | | was affirmed by the Supreme Court of the State. | To this affirmance error is‘now assigned. The ar- gument of the plaintif in error is that the estaby lishment of the Provost Court, the appointment of the Judge and his action as such in the case brougut by the Union Bank against them were in- valld, becuuse in violation of the constitution of the United States, which vests the judicial power of the general government in one Supreme Court and in such inferior courts as Congress may from time to tle ordain and establish, and that under this constitutional provision they were entitied to immunity frem any liability imposed by the Judg- ment of the Provost Court. Thus it is claimed a federal question is presented, and the highest court of tne State having decided against the tmn- munity claime4, our aap DE ears suming that th @ 19 Thus brow our right to Poview a the Wyasrolittg enten is ether the commanding general of the army | Which captured New Orleans and held it in May, 1862, had authority, after the capture of the city, to establish a court and appoint a juage, with power to try and adjadicate civil cases. Did tne | constivution of the United States prevent the | creation of civil courts in captured districts dur- | | jag the war of the rebellion, and their creation | yy military authority? Thisoanuot be said to be | an open question. After notictne the decisions which nad been made oa the question the opinion roceeded:—Then it bas been determined that ‘he power to establish by military authority courts | for the administration of ctvil a8 well as criminal ae portions of the insurgent States occupied the national forces, 1s precisely the same as that which eXists when foreign territory has been conquered and is occupied by the conquerors, What that power is has several times been con- sidered. In Leiteredorfen and Houghton vs. Webb 0 How., 176) may be found a noiabie iiustration. Jpon the conquest of New Mexico, in 1846, the commanding oMcer of the conquerimg army, in virtue of the power of conquest and occupancy, ana with the sanction and authority of the Presi- Gent, ordained a provisional government for the conn (6x, Doc,, 2d Sess. 20ih Con., voi 3, Doc. 19). ¢ ordinance created courts, with both civil and criminal jurisdiction. It did not under- | take to change the muutcipal laws of the terrt- tory, but it established a judictal att g witha superior or appellate court, and with cirentr eourts, te embrace. not otherwh ondly, original cases not cogni caides. But thor tue bg of which was deciared a criminal causes that should nil sec: civil before the prefecis and al- these courts aud this jadi system were shed by the military a Of the United es withoutany legisiation Gress, this Court ruied that they were lawfully established. And there was no express order for their establishment emanating from the Prest- dent or the Commander-in-Chief, Tne ordinance ‘Was the act of Genera! Kearney, the commanding omMcer of the army occupyipa the conquered ter- rivory, In view of (hese decisions tt is not to be questioned that the constitution did not prohtbit the creation by military authority of courts ior the trial of ctvyil causes during the civil war in conqnered portions of the insurgent Staves. The establishment of sueh courts is but the exercise of the ordinary rights of conquest, Tue plain | therefore, had no constitutional | immunity against subjection to the juag- ments ef such courts, They argue, however, that if this be conceded, still Gemerai Butier haa no authority to establisu such a court; that the President alone, as Commander. tutef, had such authority. We do not coinctee in this view. General Butler was in commana of the | conquering army. Was commissioned to carry on the warin Loutsiana, He tneresore, in- vesied with all the powers of making war, ex- cept so far as they were denied to him by the Commander-in-Chtef, and among these powers, as | We have seen, Was that of establishing courts in conayered territories. It mast be presumed that rst be os 5 | he acted under the order of his superior officer, the Presidewt, and that hfs acts in the prosecution of the war were the aets of hts Commander-in- Onief. Again, tt argued that even if the Pro- vost Court was rightly established tt bad no juris- diction over civil causes, It must be conceded ‘that the order by which the Court was created did not define expressly the nature and ex- tent of its jurisdiction. It ts also trne that a Pro- vost Court ordinarily hes cognizance only of thinor criminal offences, but that a larger juris- diction thay be given to it by the power whica | brings it into being 1s undeniadie, Whether a | t jurisdiction was conferred in the case now ‘ ! under cousi@eration we are not called upon to determine. It is nota federal q tion. The Su- reme Court of Louiiana decided that General utier bad a right after the capture of New Or- Jeans, in May, [862, to appolat a-judge to try ciyil es, notwithstanding the provisions of the coustitution. Having determined that he had such @ right we have disposed of the question which entities the case to be noard bere, and itis | wot for us to Inquire Whether the Provost Court aoted within its jurisdiction or not. That wie in | determining, os the State Supreme Court did, that the plaintiffs had no such constitutional immunity as they claim, there Was noerror, If In other respects errors were committed, they are not reviowable by this Court unless they pre- sent some other federal question. Such a ques- | lion, the plamuttts allege, is presented. Assuming that the jaugment ven’ by the Provost Court in favor of the Union Bank was void for want of juris- diction of the Conrt, they argue that when they paid the sum adjudged against them tne law ation of & promise by the Union Bank to refund It, and that the obiigation of this eoytract was impaired by the 149th article of the State constitution of 186%, That article ordained that all judgments and Judicial sales, marriages and executed contracts made in ‘good faith and in Accordance With existing laws in the State, reydered, made or piered be- | tween the geth day of January, 1961, and the adoption of the constitution shovld be valid, Bat it the Court was lawfully established, as the Su- reme Court of the State devided, the law raised | 0 SUCH promise Os is asserted, aud the validating clause OF the constitution iherefere Impaired no contract obligation. Besides, we cannot admit | that the legisiation of & State may not validate | the Judgments af a court in fot, though ia givipg | | terest iF | oD the force shall be ue! | who shall out.’ Smith denied having used suck language, | and the officer ordered mm away. Not movii fast enough to suit the policeman the latter strac NEW YORK HERALD, SATURDAY, JUNE J2, 1875—TRIPLE SHEET. cenaed | paces. our ot the judgments the Court wag Ras trans ite cagichen, aning mote need. be Suitctent has been said to show opinion the plaimuft pas been denied no or tmm@unity sectred to aim by OP apeeee and laws of the Unived States, If there is error in the record it 18 one of whie! can take ho cognizance. The judgme amrimed, No, 159, Lawrence Langdean, plato in error, vs. AmaSA Haues—In error to the Otreutt Court for the Southern District of Hitnois, Mr. Justice Field Gelivered the opinion of the Court, of which the following ts au abstrace:— The Commonweaith of Virginia, in an act of her Legisiatare, passed on the 2th of October, 1783, autoorizing fer delegates in. Congress to execute A deed transferring to the United States her right, title and Ciaim, as well of Soll as of Jurisdiction, to the territory northwest of the River Ohio, pro- vided that the transfer should be. subject to vari OYs conditions, and, among others, to this one, “That the Frenck and Canadian inilabitanta and other settlers of the Kaskaskies, St. Vincent aud the neighboring villages, who pave professed themselves citizens of Virginia, small have their possessions and titles confirmed to them, and be protected In the enjoyment of their rights | and liberties; and that tbe deed executed by we | delegates embodied the act of Virginia; held that | the acceptance of the doed by the United States | Imposed upon them the duty of DAT ESU AS the eondition and giving the otection stipulated; | and that to confirm the possessions and titles of | the Inhabitants was to give to them such lurtber assurgnce as would enaWe them to enjoy audis- turbed their possessions and assert their right to their property in the courts of the country as fully and completely as tf their'titles were derived di- rectly irom the United States, By an act passed on the 26tp of March, 1804, Congress required claims to lands within certain designated limits in “the territory north of the Ubio and east or the Mis- sissippi, by virtue of any legal grant made by the French government prior to the treaty of Paris of the loth of February, 1763, or by the Britisn gov- ernment subsequent to that period and prior to the treaty of peace between the United States and Great Britain on the da of September, 1783, to be presented with & plat of the tract or tracts claimed, to commissioners, designated by the act, | for examination, who were to hear all matters re- Specting such claims and decide thereon “accord- jog to justice and equity,” and transinit a tran. Script Of their decisions made im favor of the claimants to the Secretary of the ‘Tyeasury, by whom they were ro be laid before Congress. Aniong the ciaims presented under this act was one om behalf of the heirs of Jean Baptiste Tongas for 204 acres, situated tn the neighborhood of Vineennes, a place which is designated tn the ces- sion irom’ Virginia as St. Vincent, such claim being founded upon an ancient grant lo thelr an- cestor, The commissivners deciied in favor of the heirs and confirmed their claim, and wans- mitted a transeript of their decision to the Secre- tary of the Treasury, by whom it was laid betore Jongress, Sy wn act passed March 3, 1807, this ision an‘ all other decisions in favyer of per- Sons claiming lands in the district o: Vincennes, | contained in the transcript transmitted, to the | Secretary of the Treasury, were contirmed.—Held that tis confirmation was whe fulfiment o! the con- dition stipulated in the deed ef cession, so far as the claimants were concerned, and was authoritative recognition by record of the ancient possession aod title of their ancestor, and gave to them full assurance of the validity of that possession and title; and that the subsequent clause of the act providing for the issue of a patent to the ciaim- apts, when vheir claim was located and surveyed, did not impair this efleet of the coutirmathon, In the legislation of Congress a patent bas @ double Operation, It ig a conveyanve by the govern- ment when the government has any in- to convey, but wiere it is issued upon the confirmation of a-claim of a previously existing title it 1s documentary evidence, having the ard of a record of the disposition of that litle, or of such equities respecting the claim as justly its recognition and cenfirmation. A legis- ative confirmation of a clam to land is a recognition of the validity of such claim, and operates a3 effectually as a grant or quit claim from the government. If the claim pe to land with defiued boundaries, or capable of identification, the legislative confirmation per- focts the title to the particular trac’, and a suose- quent patent is only documentary evidence of that | title. If the claim be to quantity and not to a spe- cific tract capable of identification, a segregation by sarvey Will be requited, aad the comfrination will then immediately attach the title to the land | segregated, in this Case the claim of the heirs of ‘Tongas, confirmed by the act of i807, was uot sar- nd the patent thereon was not issued until b Held, that if the aucient grant to Tongas was of a detined tract the ttle of the neiis was periected, assuming | that previously lad only an equitable Interest upon the passage of the confirmatory act of 1807, If, however, the grant was Of a certain quauticy 0! land then undefined and incapable of identifica- tion, the title became perfect zee the quanuty Was segregated by the survey Made in 1520, and | that no title was conferred by the patent, and that an adverse possession of the premises by the | veyed until 182 | defendant under claim and color of utle made ta gov faith, with payment of the taxes legally as- sessed thereon, after we title Of the heirs was | perfected, as mentioned above, and before the patent issued, continued within the period pre- Sorived by the Statute of Liniitations of Liltnois, Was a bar to any recevery by the heirs upon the patent, Aiirmed, BOARD. OF POLICE. pee ADOPTION OF THE NEW RULES—CAPTAIN WIL- LIAMS AGAIN IN TROUBLE—POLICE DRU- TALITY, At the meeting of the Board of Police yesterday the Committee on Ruies and Discipline reported back, witn favorable recommendation, the amend- | ments to the rules referred tathem at a previous | meeting, and the same were adopted, to take | effect forthwith. The rules, as amended, read as follows:— Rune se. Freupinery omamsinations for appointments | by the Chief Clerk in bis office | on Wedzesday of each week, once of maturaliga. ion and of bonora! scharge from the army or mavy | shail then be produced. ped “f # patrol tory ev Rowe 10—Any applicant for appointment man who presents to any Commissioner sat idenee of qualifications, capacity fi'nass Lo exercise the powers and perform the duues of patroima: by sach Commisnoner be permitted to 4 | sar betore the | til subj date to a thorough examination, | taking for their standard perfect physical health and an exhibition of superior muscular aud fy develop- rejecting all who tall below is standerd aud alidoubts in favor he department; the can- Meee ast ees A's, SNP SP | Without clothing, and to measure not less | iree and a halt inches around the ehust, | Obesity sh. naked. | all bs cause of rejection. The Comm itwe of capecns sball reject all cand Who, in any respect, fall below the standard of the artment, and shailreport the result of each exami lon to tl ‘lef Clork in Rage Rowe 102 —The Chiet Clerk shall subject the canditates reported favorably by the surgeons to Pg gl examination to test thelr legal qualifications, and to those Who are found clear, petent he shall a petition properly Milled ap. didate shall procure the res ton respe citizens, when itshall be roturned to the Chict Clerk, nate how many and which of the peti- tloners shall verity the petition by amMdavit Reve 8. —The Chiet Clerk shalicause the confidentia inquiry into the character, habit and associations of the candidate to be made by the captain of the presinetin | which the candidate resides; and also a Saperin- | tendent, throagh oMcera specially detailed by him for that purpose. The Chief Clerk, upon the retarn of favorable charac- ter ropereas shail cause the candidate to appear before the fall Board, when the Board siralt ide Which of the epplicants ¢hall be piaced 6n the r: of candidates to be appotnted patrolmen as vaca occ! Appotat- ments shall be made from satd roll only, CAPTAIN WILLIAMS UP AGAIN. Yesterday afternoon a respectable looking boy, | about sixteen years of age, named John ©, Fith- | patrick, accompanied by bis mother, called on Su- | t permtendent Walling and preferred charges against Captain Williams, of the Fourth precinct. The aMdavit made out by the complainant set fortn that Captain Williams procured a warrant for bis arrest under pretence that he had broken a window or door in & iager beer oom in the Fourth ward, and locked him up over mht. On being taken to court the next day the boy was promptly discharged by the magistrate. — Mrs. Fitzpatrick, when reciting the story yester- ernoon, appeared to feel very keenly the ignity heaped upon her son, whose ees, she claims, is above suspicion. Oaptain Williams, she alleges, knew that her son was not guilty of the charge, and he caused his arrest solely through | Maiice. The case will be called up next week, } ALLEGED BRUTALITY BY AN OFFICER. | Alfred Smith, residing at the corner of Roosevelt and South streets, ma charge yesterday after- noon at Headquarters of aut and bartery against Oiticer McBride, of the Fourta previnct. ‘The complainant alleges that on the night of the Sth inst, Ne was standing near his residence tn | company with some friends when Officer McBridg | me up, and, in a surly tone, said vo Smith, “You | are the man that said you were going to lay me him three times on the head with his club, after- ward arresting him. Smith was locke in the Oak street siation house over night, the charge beng assault on the oMeer, which, he deciares, is entirely unfounded, and t next morning | charged by Justice Kiloreth at the Tombs, | | McBride is the policeman who figured so prom- Inently in the Maxwell swindling case, being ti er who spent the night in drinking saloon: with the latter, Tho case’ will be called up future day. WALL STRE A FALORE IN Woot—nepontkp CONFERENCE OF RAILWAY MAGNATES, The failure Was reported on tne street yesterday Of Strang Holland Brovwers, wool dealers, No. 142 Duane street, ERIE announces its intention to reduce passenger fares during the coming summer months. DEATH ON THE STOCK RXCIHANGR, The death of Mr. Augustus &. Mills was reported yesterday on the Stock Exchange, provoking tmany expressions of feell rom bis fortner asso- | ciatées. MMs death was suddem, che usual action | wii be takem \ y | ular business transactions, | thetr impor ni EEE i THE REVENUE FRAUDS, Brief History of the Recent Cus- toms Discoveries. LATE SEIZURES AT THIS PORT. Claflin & Co. and the Auctioneers Give Bail. The indieuments against the wealthy firm of ff. B. Clafiin & Co, have caused intense excitement in mereantilo circles, Whether this firm are guilty or not of the charges made against them and supported by the grave presentment of a Grand Jury it 1s impossible, to say; but there | Seems to have set in witu the pew year what might be called AN FRA OF SMUGGLING, The first known irregularities were confined to fashionable tourists who were returning to New York from abroad with thoir spacious truaxs filed with elegant presents for relatives and friends. Some of these persons belonged to the most fashionable society of Philadelphia, and the sisters, wife, mother-tn-law and otuer female Telatives of the protecting guide of the party were provided with summer toilets from aris, which Worth had made to be as enticing on tne beach at Cape May as if worn by the belles of France at Biarritz, But the enterprising citizen was interfered with by speoial agent Chaiker, and finaily paid the duty on bis tmportations, only es- eaping prosecution on account of bis influential | family connection. ~ The next batch of smugglers proved to ve Women, and trunk after trunk was seized, con- “tatning elegant apparel made to order across tbe Atlantic and brought here for the luir owners by charming modistes, one of whom—Mile, Leonie Jouvin—had the misfortune to be incarcerated in Ludlow Street Jail, 4 VICIIM TO THE COQURITES, who had not the honor to come forward in the hour of their victim's peril and take the responsi- bility of their illegal acts. All these revenue Irregularities, however, seem insigni@cant when the great silk frauds came to hight. The fight and arrest of Lawrence and Graw, the arrest of Colonei dos Anges—who bad hitherto borne a spotless reputation—and the tvousand,and one rumora that filled the atmos- phere of the Revenue Department and attacked the reputation of houses hitherto beyond sus- icion, are aifeirs of too recent date to need more han brief mention nere, it can hardly be forgot- ten that one case of werbhless cotfon homlery Was examined and passed, while perhaps twenty cases Of vajuadie silks—a part of the same invoice—would be as lightly taxed, almost leading to the bellet that Secretary MeCullech, in making his annual report to Congress in 1566, did not ex- | aggerate when be said:—“ror many years there bas been a systematic undervaluation of foreign Merchandise Imported into the United States, and iw amounts have been smuggled into the sone jong our extonded seacoasts aud iron- aers. if we consider that only one million of our American women Sgr $20 annually for silk dress goods, it will be seen how enormous must be the entry of this commodity into the country Which dv@3 hot pay one cent o! duty. THE FIRM OF SCHULHOPF & CO. made the next sensatton in Custom House and mercantile circles; but the most ever charged againet them was undervaluation. It 18 great to their credit that their character tor fair deal- ing should have been so completely vindicated by Appraiser Dariing’s report already published, and that the Collector concurs in their exoneration. There aie now but seven Cases of crépes in dis- to valuation, and tt is believed these have already uudergone as favor- avle jARpraise pans as the larger itnvowwes examin in borded warehouses 602 and O04 Washington street, and iu the store of Field, Mor- tis & Fenner, in Broome street. Mr. Uitcacock, or ge instigator of the charges against this firm, and | Abe do Hpaled that the business jealousy, out of | re 8 Sald to have grown, Will terminate i a whico Messrs. Scnuinof & Go, will claim large amount. A HERALD represen. a Interesting inverview yesterday with & SECRET SERVICE OFFICER of the United States Treasury who bad been In- ii natal in unearthing many of the lave smug- OWS :— uds, and mis statoment Was about as fol- Aye a8 some to light from time to time stow that We ® omy of these sWindies, Movtreal 1s full et penetrating the outer crust smugglers, who enrich themseives contraband goods into the States. New Yor! abounds with receivers, who have correspondents in Paris, Brussels, Lyous, London and ovner large | European cities, re is Not a steamer commg to New York that has pot some cunning! secreted contraband in personal luggage; an as for we frauds by the merchants, | d the Crain & Oo, matter as only Monthg since the Jaticr firm were known to have Tecaived silks direct irom one of the parties who was alterwarda Mr. Clafin ana Mr. jeott were approached for ex- Planations by the proper goverument oificers, but | they did not produce toetr invoices and show reg- Gnd it 18 presumed that it Was from information given to Mr. Bliss at that time that the present {ndivtments have been found by the Grand Ju ry. At the present time the only new arrivals im the | seizure room at the Custom Louse are three causes of lastings, taken irom the steamer Bothnia a few days since, and one box of toys consigned toa house Which repudiates its ownership. CLAPLIN & C0.'S BAIL. Yesterday H. B. Claftn, John Claflin, Dantel jason and Dexter N, Pore. of the firm of Hi. B. | Clain & Co., and W. tt, r for the | house of H. #. Clafin & Co. <appeated beiore vom missioner Joun A. Sileids gave bail, each In | the sum Of $20,000, to answer the indictments Which have been jound against them for alleged complicity in the slik smuggling cases. Their bondsmea are John J, Claflin. There are three indictments agaist of the parties named, the bati on the three amounting to #20,000 and the sureties {iativies are double that amount. Mr. Putrehiid and Mr. Eames, of tre frm of Clafin & Co., against whom indictments have also been found, are both out of town, but on their return they wiil enter Into the required amount of bail, THE AUCTIONEERS’ BATT. John J. Morris, Aaron Field, William G. Penner, | Edmund D. Peuner and Charies M. Field, of the firm of Fie\d, Morris, Fenner & Uo., indtesed tor complicity 1m these alleged frauds, also attended IR PPh Sale aA Fitch, founder of she Orphan Home for Sokhers’ Children, Darien, Conn. James W. Smit of the usual form le -Recorder James M. The bonds in these character. They ro- ts have come before themselves to rhe the sums specified to answer the nd against them On the lth of 75, the Unitea States trout for having fraudultntly, knowingly. jawfully received and concealed in a cer- er and by cortain means to the Grana Jury unknown, and ior having factittated ihe con- cealment of certain goods, wares and merchan- dise—to Wit, a large quantity of stik goods, aiter m in the United states, contrary to law, im t 4 goods had been smnggied and elandestinely introduced into the United States from a foreign country, a8 by said Indictment now remaining on file and of record in said court more fully appears. ‘rhe representative of the HeraLp was yester- day itiormed that District Attorney Bliss nad gone to Washington. Possibly his visit to that City just at this time is in connection with these alieged silk frauds. Perhaps he has gone to con- sult the Attorney General, Mr. Pierrepont, as to how he is to conduct the prosecution of tuc suits, \ they should ever come on for trial. SPOTTED TAIL. | BIS LIFE, WARS AND WANDBRINGS—A ROMANCE OF THR FOREST—LOVE oF AND HER DEATH FROM A BROKEN BRANT. ‘The following account of the celebrated Sioux chief Spotted Tail, who is now in Washington with | Red Cloud, is from advance sheets of General Brisbin's book :— We were camped near North Piatte (1969), and, in obedience to orders for all fudians to Fomove from vhe country lying between the Union Pactiic and Kansas Pacific ratiroads, Spotted Tati, with nis bands, ha come in from the Republican. He had about 3,000 followers, and refactantly con. sented to go upon a new reservation. His | tribe wi divided into two bands, Rrule and Ogaliaiiah Sioux, and there was so Great, Meeling of hostility between the banis that they did not camp together and held little intercourse with each other, I was told Spotted fati was the chief of both, but that they scidom met and bad not seen cach Otner wor some time, antl they came together at our camp. In hunting Spotted Tail led one of the bands, while Walk Under the Ground headed the other as a sort of 'eutenant to Spotted T The Ogallaliats or Waik under the Ground’s band, had only come tn in obedience lo the express orders of the bead chief, and were reatiess and Gissatisfed, There Were some stormy scenes between Walk Under the Ground and snatied Tail, and gid “Waike,’ as they Potter, it is understood, was the | y, aetling | the commence ment of the discovertes. | tive (row justice, At that time | Densidson and Aaron | HIS DAUGHTER | int of idaer tn called nim, seemed several Lipee mn thi Febelling igatht bi Saperio . Walk Gi not to leave the Repubuean coun- ee and altro his chief was reluctant to part with bis old huntiag grounds, still Le knew it wae useless to contend against the government, which declared they tgo, and bad already brougne its troops dpon the ground to enforce {ts orders. Spottea Tail used eyery argument to convince bis Heute! tof tae foliy realstance, bat Walk y the Ground was sullen and would not bo convineed. About this time two things happened which added greatly to the ili feeling existing between the chiefs and speedily brought matters to a head. A Brule had some time before stolen an Ogaliallah’a wile, or, as the Brales told the story, av Ogaiialiai’s wite had ran o@ irom her husband and come to live with a young Brule warrior, with whom she was to love. Be this as it may, the bands had noc beem many days in camp when, one morning, tha deseried Ugallallan susband armed himself, and F pred to the Brule camp entered the lodge of the sespoiler of bis happiness and shot him degd. Seeing her lover dead, the squaw bared her bosom and calied out, “since you have killed him, now Kill me tov.” The enraged husband took her af | her word, and drawibg @ revolver shot ber through the heart. As the husband attempted i leave the Brale camp the brother of the murdered | Man attacked him and fired seven shots into hig | body, from the e¥ects of witch ne died in. few moiwents. These triple murders cansed great @x- eitement in both camps, and for some unexplained reason Walk Under the Ground made them a caugr of complatut agalust Spotted Tail. The old chiel said the matier had been settled to blood; that the whole affair Was alike disreputay | bie to,both bands, and that ne could not take any notice of the occurrence tn the Council. He de- clared the tribe was weil of such lowd and awless persons, aud that, dead, the offence uid BOW be forgotten vy ail parties, or, if rec | Membered at all, only as an example and warning to others to lead peaceiui and virtuous lives. Shortly after tne occurrence above related Walk Under the Grouad came to the cavalry camp, and, entering an officer’s tent, began to | Cauverse with mim. The cuief asked for a drink | of Whiskey and was g.ven one, Presently he asked | for another, when the oficer, knowing tue In- dian’s tating, promptly reiused to let him havo any more. alk Under the Ground soon be grossty insolent and abusive, and so enraged the Officer that he rose trom iis clair and kicked the Old jellow out of the tent. On bis trying to ro- enter the oficer drew his sabre, and, turning the flat of the blade, caught the chiel and gave nim @ tremendous thrasuing. The insulted Indian went at once to Spotted Tatl’s camp and related what had happened, asking, in conclu. sion, if such outrages were to be calmly borne, The old chief replied that he was sorry for tne iit treatment bis heuteaant had received, aud the a: fair Was most unfortunate, but as Walk Under wae Ground admitted he had grossly insulted or om- cer he had no one to blame but himself for the un- happy manner in which bis visit to the cavalry camp had terminated, As Walk Under the Grouad expected much sympathy from his chief be was greatly enraged at this decision, and began to abuse Spotted Tail. ‘The chief caimly replied:—When I go to seo the white soldiers | do hot drink their tirewater, | and they treat me kindly an¢ invite me to eat, | When you go to their camp you get drunk and be- come insolent. If you had beoaved yourself in a proper and respectiui manner you would have | nothing to compiain of trom then, but as you got druuk #nd involved yoursell in a quarrel you should net come here to make it a matter of com. | plaint to me. You are a troublesome old maa, ana When you are druak you have no sease lenin your body. © Because you get the worst of it in a row of your OWD Making it is no reason why I should either sympathize with you or oriug your diggrace- fui conduct before the Council. You have more than once occupied the time of the Counell with trifing and vexatious questions, and tt is not proper you should do 50 again. Godfome, keep ¢ civii tongue in your head, let frewater alone an your trouble will cease.’? On hearing this plain language trom hig chief | Walk Under the Ground became greatly offended | and upbraided him with caring more to please the whites than hts own people. “You are,’ satd tha chief, “willing to be kicked and cuffed about the whites, Dut I am not, eee 1 wOl Aas une! Once you were a brave warrior and cared tor your tribe; HOW you have become old and leebie you | are the friend of the whites, ana you are no longer a Warrior, but a woman.” Unable longer to en- dure #uch treasonable and insolent language the old chief sprung upon bis reveilious subordinate, and bdefore any one could interfere plunged 4 buteher knule seven times into bis side aud breast. Walk Under the Ground sunk down at the fees | Of is ole and almost immediately expired. As | soon as he was dead Spotted Tail ordered the body te be pitched out of the lodge and sum moned the Brule cnet, reiatea to them what had happened, and ended by naming one of them to succeed the dead man as chief of whe Brules. Ail the other chief @t once gave in their allegiance to the new chief, and no one ventured to remon- “strate or compisin of the killing of Walk Under Nevertheless, Und the Ground. the dead chief waa much, talked snout privately, abd as he had be + with the young mon of wi : ad, wd ion a eniven at bis | deatp. In twos a threes the: AQ 10 steal away by night apd 1a The haeghe wets. Spotted Tail. % I iis, called the wartiors | Togesuor af& hguressed them. He said:—“When I oung and my people was strong wo war with the whites. For years we jought wit) Varying success, and 30 jpegs hope continued the war. Whea ud 10 2 | day grow wea! mies pecoming stronger and stronger, 1 knew was time to stop the war. A peace was made, | not from choice, but necessity. Now we are told | to leave this country, aud We must go, not from | Bae WE ASP th BRC ar if does not avail We must perish from the face Jam an old man, but lam no cow- fear no man, but years have taunt me prutence and wisdom, to go to waft, but it is foil; I know ceene ose Wish to Epeige the whites, I aul anxious to save the fives of my people and ta preserve the remnants of my tribes tuat yet re- Main alive. Those of you who will be well advised Hil remain at peace, but those of you who are | Stull fer war can now go on. There sre still some | Gays of the truce, out let those who wish to Mght the whites go at once.” | Nearly three hundred young warriors withafow in @ body as desirous of going to war, Spotted Tail addressed them agawn do not wish to take my advice. Go, then, and When your hour of great distress and pockssity comes, as come tt sure! Will, remember | am still your chief, and return me. You will be hungry and | wili feed you. You will be naked andi wiliciothe you. You go out Mounted, but you will come back footeore and weary, Most of you will never retura alive, but | Suen’ of you as survive the conflicts of war wil fud me at Bandai, apd there you spall have a | Iriend and a bome as Jong ba I live.” The war- Tiors then departed, and the old chief, having dis- charged his public daty, returned to 1s lodge to Mourn in #ilenee the rate of his people, | . Durmg the intter yoars of the war part of Spot- ted Jati's family remained for a time at Fort Lata mie, nd with them was Nis favorite daughter, & Young girl, jast budding into womanhood. The dort Was then garrisoaad by companies of an Ohio regiment of volunteer gavairy. Among the om. cers of this regiment Was a you of good appearance aud pleasant rs, and with whom the chiei’s daughter feli in lov Her passion aoes not seem to hat bee! Teciprovated b. pol 0 irvtnce bef he seand oe |, therefore, it would be wrong in him to pay addresses to her, But the iniatuated girl | Would not be convinced and could not understand why she, & princess and the daughter of the most powerlul” chief on the plains, Was nota suitanio wife jor the yonug soidier. Day after day sh Would dress herseli with scrupalows | come to the fort and see her beloved. It was pitiable to observe her, as hoar alter hour she would siton the doorstep Of the young ollicer’s quarters Waliing for him to come out. At other times ste would tollow him about the parade gruund 1ike a dog, seeming perfectly happy if she eoukl only be « him ana enjoy the poor privi- fege of looking at bi 1m. Spotted Tail, hearing of the strange conduct of his daughter ana deepiy mortified at her want of self-respect, hastened to the fort, and, Lng | her in charge of some kind Mmends, bad em carry er of into the Rocky Mountains, where a portion Of itis tribe dwell, and endeavor in every way to make her forget her unfortunate love. She went away meekly enough, but teli into a deep meten- choly, irom which ho eflort of iriends could arouse her. Presentiy sve reiusod to take any ood and piued away to 4 mere skeleton, One day a courer, Whose Lorse was white with foam, sought the great chier and told him that nis daugiter was dying of a broken heart, aud Wishes to see him once more before she passed to the happy spirtt land. AWay over Mountaia and stream hurried the chief, aud paused not tor food or rest ati he reacsed the bedstde of his be- loved child. He found ber still alive ing, and she bid him sit close be: her \fleshiess nands im while she told hi her simple story of love and suffering and | broken neart. shall soon be at rest, | my father, ana With those of our kindred who have goue before. In that beantiful land I will ‘wait for you and you will soon come to jotn me, deur father; for yout locks are whitened wi ars ol cure, You are fast growing old and tir reat chief aud have yet many 5 the pale faces are more humerous than the leaves of the forest, aud | pray you to cease from warring With them. Spare your people, my chief, while m peace, and you will fave d the end of your journey of ite and come join me in the happy home to which | am now ‘olug. The pale faces are His people, and between ou and them I hope war Will never come again. O my father aud my cbtef, when 1 am dead my poor, wasted body and lay it on the nil j¢ the fort where Llcarned to love so vell.’? ‘The pulseless hands grew cold as the great cuter romised lis child ail ske asked of him, then the ustrous eyes glazed over, the thin lips ceased to Move, the smile fed from the Wasted face and the Indien girl was ead. | ‘The heart-broken chief Did the attendants dress the body of tire princess for turial, and on the shoulders of stout warriors it was carried all the way to Laramie and lati to rest among the pale faces, one Of whose race she had so fatally loved. | Her grave ts still pointed out to the traveller, there it will long remain a moeumen: of the sa: | dest story of the plains, Spotted Tali often spea: of nis dead daughter with affectionate reme: | Drance, anc once in a great council hela with shi Whites at Laramie he said, “Were mot the hope- | lessness of resistance and the dictates of policy | SuMcient to restrain me from acts of war pledge | made to my dead child tn ter how! | Frau? camen mo 6 Koop wt pence Mish Your BYR i . | but e y a