The New York Herald Newspaper, June 22, 1875, Page 5

THE COURTS. Silk Smuggling—Colonel Des Anges on Trial A Policeman Indicted for Clubbing to Death, Heavy Damages Against the City—A Croton Main Contract, In the General Sessions yesterday the jury on the trial of Wiliam Melivoy, chargea with bur- glartously entering the store of Pitt, Porter & Black, No. 47 Elizabetn street, on the 30th May last, disogreed, and the accused was discharged, James Miller, on trial in the same court, charged with larceny from the person of Margaret Douze, ‘Was acquitted, as were also Joseph Farley, David Callaghan aud George Wilson, charged with steal- ing a boat. Judge Freedman, of the Superior Court, yester- @ay, in the suit brought by the firm of Doyle & AG@oiphi to recover $7,000, the value of some dry goods, from ex-Marshal Sharpe, an account of ‘which bas already been published in the Henap, @irected a verdict for the defendaut, The verdict ‘was ordered because there bad been no evidence to show tiat Sanders, from whom tne goods had been bought by the firm, had @ valid title to the property. Asult has Just been commenced by William H+ Willis, who nolds $7,000 wortn of the bends o! the Buftalo, New York and Eric Railroad Company, the payment for which was guaranteed by the Erie Railway Company, and which are secured by @ second mortgage of the Buffelo branch, made to John Ganson, who is now dead, to foreclose inat mortgare, The Buffalo, New York aud Erie Rall. road Company; Hugh J, Jewett, receiver of tho Erie Railroad Company; Charies F, Huston and Winam Batler Duncan, trusiees of the Buffalo and Erie mortgages, and the Farmers’ Loan and frost Company are included as defendants in the suit. The papers in the case were served yester- day. On application of William B. Freligh, Judge Westbrook yesterday grauted an injunction Against Willlam Creamer and Thomas H. Sullivan, resiraiping them from inverfe.ing with certain personal property in the Bowery Theatre. THE SILK SMUGGLING CASES. Indge Benedict sat yesterday in tne United Btates Circuit Court, and called the day calendar pf criminal cases, THE CASE OF ROBERT DES ANGES. ‘When the case of Colone] Robert Des Angés, ex- Deputy Collector of Customs, who 1s indicted for complicity in the alleged smuggling of a large qmantity of silks, was callea, Mr. Biss, United Btates District Attorney, said he was com- pelled to ask that this case go of for the term. it was desirable that certain papers found on Charies L. Lawrence in Europe should be presented in this trial, He had arrangec that the English oficer who arrested Lawrence and found those papers on bim should come here, in response to a cable telegram. Mr. Bliss explained that he had requested the Attorney General to the Secretary of State to send the telegram, + he Was uot sure that the telegram haa veen pert At all events the officer had not come, aad did not apprehend he would be here in ume for tue trial this term. On this account the Vis- srict Attoroey asked that the case go over for the term. Counsel for defendant said that im the May term be had pressea for trial, Des Auges was pul un- fer bail, but it was afterward increasea to 50 sarge an amount that he found it impossible to eit. Since then he bad been locked wy Lad- yw street Jail—quarters that, le say the least, Were very uncomiortable. Under the circum. stances he felt that he should press the case on for trial how. If the Dail bad been fixed at an amount Which the defendant cou.d procure he | (eounse!) Would not Object te the trial going over; Satine bart nad cen Axea at. $15,000, aud de: fondant could not obtain it. He could not even obtain 000 bail when tbat amount was first mamed. ‘There was a number of indic' ments it Lawrence charging the same offence. The District Attorney—if you aumit the letter founs on Lawrence we will go to trial at once. Counsei ior deicndant—I admit nothiog; 1 can make no admis-ions. ‘The District Atvorney said he was not at liberty to Lawrence on tae charge on wich be should =a Anges. As to the queatiun of ball, he t rel mark that withia two years ana @ halt @oionel Des Anges bad elgaty invoices of by sumpics Or cases that were fraudulent different from the gvods that passed inte cou- gsamption, and in this way he had been instra- mental in having smuggled lato tuis part goous to the vaiue of $4,000,000, To hold 4 mau accused of such an offence as this uncer ball of $15,000 was mot excessive. He was the only one that dis- covered the eighty invoices brought im, and tt ‘Was singular that, 1n every instance, ne got iu the dominy casi Counsel for defendant said they would show that the cases passed In the Usual Way tarvugn the Custom House; that Des Anges was the victim, ‘Whoever might Dave been the guilty party. That ‘Was the theory O1 the desence. It was with great dificuity be Could votain $5,000 bail. He was giranger, und ior months, auring the summer | (euniinued), faise pretelices; Same vs. Uenry | Weather, he ought not to be wcked upia jail When he Was ready for his trial. This was aa im- tease, Of course, he (counsel) suould have Some assistance i the ease, Which he would have Mf Des Anges was at large on suca ball as would imsure iis remaining here. Des Anges bad BO disposiuon whatever to run away. Counsel @4 not know that he could obtaiu any bail Not B even $6,000 ball Re Was ebliged to go to pri ln reply to a remark from ihe Uourt, counsel for defendant contendea that if Des Anges was acqutted on the indictment could not be couvicted i averred that a there were dis- tanct and separate offences alleged against the deiendani. ‘The Judge “ald he =waa willing that tre defena- | QDt should Havean Opportunity of giving my able bail, fle would entertain a motion to reguce the baii (f the District Atiorney cid not move ihe ase for irial. The Wistrict Attorney said that the defendant ‘was a fugitive from Wngland ano adetaulter to the amount of £1,600, and, waving entered on that Rind of thing im KugiunG, he found i not diMenit w country. Counsel for defendant replied that allewations of Shia Kind Ought uot to be made, a8 they were cai- eulated to prejucice the case of his cleat. Tae Judge—fhey are pressing for trial, and it fs not shown me by aM@davit tuat the government Would be prejudiced py the abseuce of the w: mess. Does tue District Attorney move the ont ‘The District Attorney—I do not, The JuGge—I will reduve tue bail on proper am- Javits suOmitted te me fo: at purpose. Defendaut’s counse|—$5,000 is the most that he can get. | do us kKuow that be cam even get bail to that amount. ‘The Jaige—I will rednce the ball or try the case > pad ? Can you say When the wituess © rict Attorndy: en the ‘Witness will Le here. Icannot say that he will oe e On & particular day. | understood trom Your Monor thas you would ouly sit (ii the Ist of Juiy. The Judge—if the public interest requires it L ‘Will si, and youcan fx aday ia July whea you ean have your Witness here, The District Attormey—i (mink, 1 can have him on the 7th of July, The Judge—Very well. The District Attorney—I will go on with the friai of tue defendant on thut day, the Ttu of Jaiy, Whether tho Wifness i# here oF not, on ¢ sadictinent now on the calendar, The matier was (hen dro, ped. TRIAL OF AN ALLEGED COUNTER- FEITER. William J. Browne was then put on his trial on an todictment charging him with having, in 1871, passed and sold counterfeit money, Tne case had Progressed somewhat when, fnalty, the prisoner Withdrew his piea of not guilty aud pleaded guilty. He was remanded for sentence, aud the urt adjourned until this morning. HEAVY VERDICT AGAINST THE CITY. In 1871 Jonn B. Greone. pursuant to a contract, Jaid Croton mains tbrongh Madison avenue and other avenues and streets In the upper part of the city. The Comptrotier reused to pay him for the Work, and suit was accordingly brought against ‘the city to enforce its payment. Having been twice tried in Supreme Court, Circuit, and twice ar- sued before the Supreme Court, Gencral Term, it ‘Was nally carried to the Court of Appeals, which tribunal directed @ third trial, Parsuant tot latter's decision the case was set down perempyo- rily for trial yesterday, before Judge Westbrook, nolding Supreme Conrt, Cirenlt, Part a, onthe Cane belby Calied @ KoarmeDintiye of Corpo. , ter Of & someWHat slmliar course in this | Wwew YORK HERALD, ration Counsel’s Office atated shat, owing to the absences of ex-Recorder Smith, special counsel in the case, at Albany, where he cogeees ip an argument before the Court ot Appeals, the city would be unabie to préeceed with the trial, and an adjournment was 14 for on thts accounts Judge Westbrook said that thie Was a very lame excuse for bot being ready to go on with the trial. The Corporation Counsel, ne said fartner, should try these cases himself and not, at the eleventh hour, wien the case had been set down peremp- tortiy for trial, send over a messenger With ap- plication lor an adjournment, on tbe ground of the absence 0} Special counse). He would, there- fore, direct that the trial proceed, It took but @ sort time to tinish up the ease, Mr, Strahan, pioinud’s Counsel, put in the decis- jon of the Court of Appeals. declaring the con- tract to have veen legally executed, and answer on vehail O: the City, Aomitling the work to have been done, and that the charges were reasonavie, Upon this # verdict Was directed for the plainuit for $66,001 74, being the ‘ull amount claimed, With interest. Ali @Xtra allowance of $2,500 was granted ia addition for plamtiffs counsel, thus swelling up the costs of this prolonged litigati to & good round fignre and giving furtuer ilostr tion of the expense eniatied on the elty through bre obstimacy oi tae Comptroller in resisting just claims, THE POLICEMAN’S FATAL CLUB. On the 8th of December last Bdward McLaugh- Jity them a member of vhe metropolitan police, ar- the latter sowed some resistauce beat him over the head with hisclub, Acharge 01 assauit and batiery wus preferred agains) the oficer, on which be was tried, convicted and sentenced to the Penitentiary for six months, Meantime Stewars died, and tiiereapon the facts of the case were 1u- vestigated before the Grand Jury and McLaughlin i indicted jor murder in the first degree. Tue case came to tial yesterday de/ore Jude Brady in we Court of Oyer and Terminer, District Attorney Phelps appearing for tae prosecution anu Charies | W. Brooke (or the prisoocr, Tue entire day was consumed in securing a jury, DECISIONS, SUPREME COURT-—CHAMBERS By Judge Brady. Mevormick v#, Wilson,—Motion denied. Brett vs. Kogers; In tae matter oj Murray; Ex- | ceisior Petroleum Uompany vs. Otespey; Hyman vs, Abranams; in the matter of Bristea; rleury vs, Boston Needie Company; Sixpeusy Savines Bank va. Johnson; In the matter of Heran.—Granted, Lydady vs. McKenny; Alitcneii vs, Viiwar; Davidson vs. Ailato; Lavhrop trey; Excelsior Petreieum Company va. Fowler. — Orders grauted, Hiatt vs. Pivtt,—The amenament seems to be proper and ts allowed, Soeblke vs, Soehike.—Papers to be completed aud applications to be made at Chamoers, Wrigat vs Pivchér,—Applicalion must be made | on notice, Piatt vs. Platt.—In the present atage of this controversy, tae premiums havlug been agreed upon, 1 UiGk the motion should be granted. If | tho plato is to be charged with the premiums | the msurance should be for tis benefit, if the de- | fendans is. Whiing to join him for his as well. BIPTY-SEVENTH STREET COURT. Beiore Judge Kasmire. AN ATTEMPT TO KILL A MAN WAS JUBIT- FIABLE, Aprivate coachman named Patrick Quinn and William Muldoon, of No, 653 West Fiity-fourth street, attempted to get into the rooms of Lewis Sample, @ colored man, at No, 436 West Fifty-first Btrect, on Sanday might, for improper purposes, The colored wau resented the iairusion apd told the intrucers that Le would shoot one Of them if they did not iustantiy retire, ‘They dia not see fit to comply and the colored man fired away, send- ing @ vullet torough the fleshy part of Quinn’s leg, Then & policeman arrested the whole turee of them, Sample for shooting and the other two en charges 01 dicorderiy Conduct, Sampie’s offence Was heid to be justifiable by the Court, bus Quina ee were commitied in detault of $10 tine eac! COURT CALENDARS—THIS DAY, Surremz CounT—OnamMarns—Held by Judge Davis.—Nos, 6 14, 21, 37, 46, 49, 55, 58, 61, 75, 83, 97, 99, 115, 126, 127, 137, 441,'151, 153, '167, 167, 109, 177) 208, 210, 211, 212, 213, 214, 216, 217, 219, 2.0, 223, 228 SUPREME COURT—SPECIAL TERM—Held by Judge Donohue.—Dewurrers—Nvs. 21, 25, Issues of Jaw and tact—Nos. 472, 635, 275, 333, 183, 486, 78, 481, 525, 120, 431, 21, 427, 271, 494, 404, 182, 848, 149, = a, 100, 478, 424, 417, 471, 507, 106, 405, 444, 455, Supreme CovrtT—Crrcuir—Part 2—Held by Judge Lawrence.—Nos. 460, 1464, 1622, 1485, 398, ‘1284, 1804, 1654, 1128, 846, 704, 1244, 1176, 982, 1000, 2802, 100034, 2094, JU2S, GU58, S154, 882, 2228, 76545, | 6304, 1062. Part 8—Held by Judge Westbrook.— Nos. 1251, 1355, 851, 983, 786, 049, 69, 1133, Ju89, 835, | 895, 1203, 7914, 1247, 1161, 3135, 689, 1369, 2788, 1822, booed B116, 1895, 1021, 1661, ¥O3, 2429, 1775, 1777 Surrriog Count—SrECcIAL TERM—Heid by Juage Speir.—Demurrers—Nos. 1, 5, 2. Law and inci—Nos, i, 55, 24. SuPseRion COURT—TRIAL TenM—Part 1—Held by 7" 57, 1237, 1143, | 995. Part 2—flela by Judge Momell.-Nos, 812, 1082, 1126, 1194, $76, 468, 1960, 1890, 734, 1154, GAO, 1410, 1498, 663, COMMON ?LEaS—TRIAL Tenm—Part 1—Aojourned for the term. Part 2—fHela by Judge J. F. Daly, | Nos. 1498, 1471, 1172, 1447, 487, 623, 1436, 2457, | 775, 1458, ‘2585, 1505, 1510, 1080, 1468, 1442, 1474, 980, 1470, 1492, 2035, MARINE COURT—TRIAL TeRM—Part 1—Held by Judge Aiker.— Nos. 3025, 3980, 4078, 2006, 2931, 301 8020, 3023, 3027, 4146, 3006, 4097, 3000, 3100, S01, Part 2—Heid by Judge Gross,—Nos, 2405, 2409, 3324, 2500, 2685, 4008, 4401, 2413, 2469, 2539, 786, 1200, 4404, | 4544, 5360, 2537, 2457, 2433. Part 3—tield by Judge | Spauiding.—Nos. 3971, 3959, 400, 1816, abs, 2863, | 8077, 3397, 8102, 3933, 4049, 4435, 3104, 3105, 3105, 4016. Part s—Heid by Judge McAdam.—Nos, 3850, 289, 4410, 2085, 2987, 2058, 4400, 4414, 1415, 4390, 4412, 4497, 4257, 1418, 2549, 2571, 2606, 2666, 2690, 2213, 1156, | 2787, 2811, 2812, 2819, 2522, 2870, 2878, 2 Cock OF GENERAL Sesstons—Hela by Recorder Hackett.—The People vs. Frederick Gooaail HOW , 2023, 2678, | Overmeyer, fobwery; Same vs. Henry Fenricn, robvery} vs. Robert Wilson, Jokm Donnelly and James vo: Reilly, vurgiary; Same Vs. Siepnen Demelin aod Ulareves Teiier, ourgiary; Same vs, Robert Brown, forgery ; Same vs. George Hen: fore ; Same vs. Josépn Lausen, grand larceny; 5: vs. F Benk wits and Erastus Ht, grand jar- cea; Same vs, dames MeGa dono smith and Mieniel Pay, grand larceny; Same ys. Joseph Dempiield, graud larceny; Same vs. Mary Joun- son, grand larceny ; Same vs. fhomes McGutness, grand larceny; Same vs. Bridget Holland, grand larceny; same Vs. Joan Kelly, Willi AMonohan, nd Charies Obinamaa, gr eorge Hopktus a Same va, Patrick Hed grand jar- larceny Same vi ny eeny; | Sunie vs. William Kenny George Roverts, petit la Hartman, grand lereony ; Koi, misdemeanor; Same felomtous @ Donovan, BROOKLYN COURTS. COURT OF OYER AND TERMINER—THR MAL- GARET HAMMILL MURDER-—THE TRIAL oF | MRS. SARAM C. MEMNRIGAN — GENERAL | @Racr’s SPEECH FOR THE DETENCE—nn | SUBMITS THE OAKH WITHOUT EVIDENCE— | THE SUMMING UP FOR THE PROSECUTION AND THE CHARGE OF JUDGE PRATT. Before Judges Pratt, Wolfert ana Voorhies, The arcond trial of Mrs. Sarah ©, Merrigan for the alleged murver of Miss Margaret Nammiull, on | Septemper 2, 1873, was resumed yesterday morn- ing im the Kings County Court of Oyer and Tergi- ner. Mrs. Merrigan was present, accompanied by her father and mother, The court room was | crowded. General Tracy opened the case for the defence. He begaa by calling t tention ef the jury to | the solemn reaponsivility imposed upon them. Evidenee was to be weighed and witnesses not counted, and it often Bappened that Jnrers were | Justified in giving a verdict to the party that had | the fewest witnesses. In criminal cases it was | essential that the peopie shouta Introduce evi. dence sufficient to remove aii reasonable doubt aa to the guilt or imnocence of the prisoner. They were to have no @onbt in any criminal ease, Dut in & capital case they must Rave no doubt o: the guilt of the de- fondant or they were bound by their oaths to find tae defendant innocent. The evidence of gutit < be so Clear a8 te exclude every other reason- avle hypothesis. General itacy then proceeded to consider the case as presented by the evidence for | the people. | Was that the body of # dead Woman Was found in the house of the Merrigans. There Was a0 satis- factory evidence shat this was the body of ae: ret Hammill, The only proof of it was the testimony of her brotie: who, on the fret day he saw.tne body, failed to Hammill en- identify it. The proof that Maggic tered the house on that Gay was aiso very un- Satisfactory and contradictory. Me did not pro- pose so argue thet the woman whose body w: found there was not Margaret Hammill; he ouly rejerted to 16 toshow them that they would nos be jastified im taking the Iife of prisoner by the evidence fntrocuced by w rosecntion. But, even admitting that tni oman who | went mto tha room om that day was Margaret Hammill, what proof was M7 thas the prisoner was guilty of the murder. The treury of the prosecution was that Margares Hammill was murdered in ti house of James Merrigan, Who Was now under ti dictment, jointiy with the Vite, forihe murder of the deceased woman. And where busband and @ Were jormuiy im peculiar rule of law wii ted, Comp unto play Wich thay camld net jormeh It rested a man, named Jon Stewart, and because-| the deience bad beeb disciosed, io imiroduce tes- ame va. George Glum, burgiary; Same | aid the only evidence of a crime | was that when a crime was perpetrated by the wife, in the presence of tbe husband, she Was exonerated, because she acted onder Dia coercion, ‘The Uourt had called atten- tion to the distinction that where @ crime was commitied In Lhe house of the nus band tn the presence of the we, the prosecution | Must show that it was perpetrated by the wife in order to convict, Suppose @ stranger entered & | house and never returned, Suppose three days | Qiter that the body oi the stranger was iound con- ceaied in the bedroom where the nnsband and | Wile nad slept, and that was ali tne prook Wio, | then, was to be deemed the murderer? Where | was the preavinption then? Did it fali upon the | wile? Were twelve great stalwart mn to say that it was the Weaker Women who committed the Violence and not the stronger husband, Lf he eg that the husband Was preseat in that jonse at the time, the prosecution Lad Yo prove that the woman used the violence Which resulte: in“eath., General Tracy tuen considered the evi- dence that bad been presented as bearing on tne question of violence. The only witnesses On bis point were the woman Kipp aud the man Coe. counsel analyzed the tesiiuony of tw Wile nesses, cluming that it was very contradictory on some points, but showed very plainly thag Moerrigun jeit the house aiter the crime was | commitied, They Nad the fact that a man’s | voice Was heard, showing plainiy that | he Was @ participant in the. struggle, and 9 Wo- Man’s voice Was heard remonstraung agaist (he violence. General ‘Tracy relerred to the course of the District Attorney in reopening the case alter tumony to contradict his own witnesses and aiOW that they had perjured themseives, in order to prove that Merrlgan was not at home on that day. ‘They wad falled, as it Was shown cleary that Mer. | Tigan was home at dinner on that day, and he was there wita Margares Ham- mill within at most not more tuan an j hour trom the time of the occurrence. Mis. Kipp bad testified ‘0 having heard w struggle, and that Wus the only evidence of violence, ‘The prosecu- lon uow asked Liem to disbellove the statement of Mrs. Kipp that Merriganu ie!) the bonse viter the Struggie. it sie Was unwortuy oO: veitef on that point she was anworviy of beliel on tne evidence of violence, and if that was taken away there Was No evidence against the accused, ‘rhe Whole case Was InVOIVed Ib the Geepest Liys- tery, How that woman came to be dead in that house they did not kuow, wud prob- ably wuever would know, If tie body found iu vat house was tae body of Miss Ham: } Mil ib Was certain Bue came to her death be- | tween the 2d of september and the night of the fire in that nouse, What possible motive could Mré. Merrigan lave to cause ihe death of Maggie Hamil? She was HER FRIEND FROM CATLDHOOD. They were at school together, sie stood as god- mother to one of her children, Kad im all things Lheilr interests were identicai, General tracy cone Cidded his aduress ab recess, with @ strong pre- Sentalon ol tue Want Ol motive ou the part v1 the | prisouer to comuit the crime, 1 Bad that the | defence were wiing to let t eyo w bue jury as It stood, Witioai ibtroducing any evidence, Aster recess General ‘Tracy sald he supposed | | that in accordance with a well recognized rule of law there Wouid be no Sumung up of the case on | beuaif of tke people, it Was well settled that Waere Bo evimence Was Introduced by the defence there should be no summing up by the prose- cullon, 43 there would be two speeches for one side and only one on the other, Assistant District Attorney Moore denied this, nd ibsisted upon his right to address the jury. Judge Prati Baia that heretofore the practice had been for tie Disirict Acvorney torum up at the conclusion of each case. fie did not like to make ab innovation on the old rule, and thougnt Mr. Moore could proceed, The Agsistant District Atioruey then proceeded to sum up the Case lor the people, anu urged a conviction for murder in the first degree, Judge Pratt then charged tne jury briefy, He held that i the jury beueved the husband was Present when the crime was committed, and It | Was not cleariy provea tiat the wile was @ pare ticipant, tuey should and a verdict of acquittal. At haif-past three o’clock tue jury retured to de- liberate upou # verdict, DISAGREEMENT OF THE JURY, The jury returned to the court room at etht A. M. and stated, through their foreman, that there Was no possibility Of an agreement, as they differed in regard to a question or fact. Judge Pratt said it was not the disposition of the Court to force a verdict irom them, but if there was @ possibility of an cemens he would send them out again, It was tm- portant that the case ve disposed oO Arter some vuriher discussion the jury again retired, They returued at 1 o'clock aid announced that 15 Was impossible for them to agree. Juage Pratt thereupon discharged them. It is said tmey stood | | ven for murder i4 the second degree and two for acquittal, Upon the adjouroment of the vourt, Mra, Merrigan was taken back to Raymond Sire Jail, Where sue bas been coufined for nearly two years. COURT Of APPEALS. ALBANY, Jane 21, 1875, No, 23. Thomas W. Pittwan and others, re- spondents, v8. The Mayor, &c., of New York, ap- | | pellants.—Argued by James M. Smith, of counsel | for appellants, and by Thomas Ailison for respond- ents. No, 28, Evenezer Robertson, executor, &c., re- spovdent, vs. Isaac M. Hillm: and others, ap- | lants.—Argued by James 8. Laurie, of counsel | F appellant, aud by James Givson for respoud- en No, 45%. Willlam H. Macy, Jr, and others, ap- peliants, vs. Thomas Nelson’ and others, respond. ents.—Argued by Walter 8. Cowles, of counsel jor | appellants, and by Thomas Neison ior respond. nba, e No, 8%. Joseph W. Duryee, appeliant, vs. The | Mayor, &c., of New York, respondents.—argued | Dy Aaron J. Van Deriont, of counsel tor appellant, and ey D. J. Dean ior respondents, Nos. 78 and 79 The Excelsior Savings Bank, respondent, vs. Samuel Campbell and o1 | Pellants.—Argued by W. 8. Pasmer, of counsel Appellants, and by ¥. ¥. Van De Ever, ior re- Spondents. Adjourned to Tuesday morning, June 22, 1875, DAY CALENDAR. The following is the day caiendar for Tnesday, June 22, 1875:—Nos. 53, 86, 54, 6, 87, 88, 89 and 91. UNITED STATES SUPREME COURT. | THE LIEN OF A CONTRACTOR UPON A BAILBOAD | FOR WORK PERFORMED, Wasninaron, June 2i, 1875, In the Supreme Court of the Unived States the following Opinions were give: No, 228. St y Dillon, appellant, vs, George M. | Barnard et ai.—Appea: Irom the Circals court ior | the District of Massachusetts, INION OF THE COURT, Ademarrer to a btil im equsty does not admit the corrects averments as to the meaamg | of au ins forth in or wmnexed to te bill, To create for suture services of a contractor @ lien upon particular funds of bis employer there be Bot only the express promise | of tae em to apply them in payment | of such services, pon which the contractor ro- lies; but there musi be some act of appropriation on (he part of the employer relinquisasng coutrol of the funds and conierribg upon the contractor the right to have them thus ap piled when tue ser- Vices are reacered, in an tudentuce of mortgage executed by a railroad corporation to trusiecs to secure bouds Issued to raise money to pay off its existing | aevieaness nd te complete ana equip | | roud the scporation coevenanted wita | sravtees, among other things, that lexpencitare of ali cums of realized from the sale of the Siould be Made With the approval of at least of the ti his assent in writing shonid bs necessary to all contracts made by tho company before the same sould be a charge Upon | any of the sams received from auch sales. | | Held, that a contractor agreeing with the corpo- | | ratiod to constract a portion of the road, and ov- | taining the assent of two Of the trustees to his contract, ana subseqaently doing the work, dia | | mot acquire acy len jor the payment o! his wor under tus covenant of the indenture, upon t funds received by tue corporation trom tie veads, Fie.d, Jastice. CKIMB IN BROOKLYN. WATSON, THE MURDEROUS HUSBAND, COMMITTED 70 JA0l—THE SUPPOSED ASSAILANTS OF Mn. | SUUIZ BELD TO AWAIT THE ACTION OF THE | GRAND JURY—ANOTHER BURGLARY. | George Waison, captain of the canal boat J. H. | Kane, Who shot his wie Lactnda on Sanday ev | ing at No. 81 Tompkins avenue, was arraigned bes | fore dustico Bames yesterday, Drill Captain | Jowett preterred a charge of felonious assauit against him and he was committed to Raymond | Street Jail to await the result of bis wile’s ine | juries. Mra, Watson's wounds are not of so | severe a nature as at Arst reported, and 1 fa likely | | that she will recover, The surgeon in atiendance | thinks the ball, which entered her right side, | struck 4 rib aud became imbedded im the musci of the thigh, Wiliam it. Moone: are sapposed to have | burgiary and assan the ebarge of burglar y entering tue residence of Peter Fiyan, No. 377 Cumberland street, were med ior examination yesterday beiwre Jus- | tice Morse, Mr. Fiynn declined to make a com- plaiat against the men, and the charge was pre- ferred on information and belie by Oficer Hayes, ‘Who took them into custody, Mrs. Eleanor Fiyan testified that on the morning of the 15th inst. sho Was aWakened by the noise of @ man in her room; she screamed and tue man ran away, iollowed py ber husband. The lady could not identiy Mooney as the person who Was in ‘her | | Foom. Fiyon stated thas he was | awak we screams of hts wife and tet partially dressing nlmsei( he started in pur- it of two mem, Who ran away from the house, ¢ followed them till they mot an officer, and then he had them arrested, The prisoners pleaded not guilty, and were both Held to @wait the action of Of the Grand Jury on a charge of burglary. The residence of James McKenny, corner of | Ciasson and Myrtie avenues, situared only a few blocks irom the Fourth precinct station house, was tered by burglars at noon o: Orday and robved of about $500 worth of cloths ‘The facts Were suppressed by the Prowace thas they are Mr. ed TUESDAY, JUNE 22, 1875.—TRIPLE SHEET. | Mat Tanner second, Miss Miler third, Laay Waite | to win toe heat by two iengts Feseess «i | G. W. stcDouald’s br. m. Muller's Dam- 4 FLEETWOOD PARK. open to-day ana continue on Wednesday and | Tourscay. To-day there are two purses to be contested for, The first 18 a purse of $600, three minute Class; $200 to first, $200 to second and $100 to tmird; seven entries, The second 18 & | purse of $800, for 2:38 Class; $400 to Arst, $240 to second and $160 to third; ive entries, On Wednesday the following is the pro- 1 | gramme:—Purse of $600, lor 2:44 cluas; $275 to 2 first, $160 to second and $75 to third; seven en- 3 | tries. Purse of $700, 10F 2:39 clags; $450 to first, 6 | $250 to second ‘and $100 to third; BX entries 4 5 g 8 FIRST TROT, FireTwoop Park, June 21—JUNE Msprinc— Last Day—TRovring.—Purse $1,000, for horses | that have never beaten 2:4 0 to the tirst, | $300 to the seco. $160 to ne third; mile heats, Dest three in five, lu harness. STARTERS, . W. Trimbie’s br. m, Zephyr... G, Gijvert’s on, g. Marry Gilbert Beu Mace’s vb, m. Lena Case Spiau’s b. g. Cueston... W, Toom’s r. g. Fred tyler D. B. Go's br. m. Lady Woods R J, Andersons r, mi. Rosa Souberg... G. ¥. Wuitson’s bm, Pauline. A. Patterson’s bp, g. W. Walsh. . M, Whipple's b. g. sleepy Davy, & On Thursday and last day there will be tue follow. | tug purses ;—furse 0: $600, ior 2:60 class: $600 to first, $200 to second aud $100 to third. Purse of $1,000, for 2:25 class; $660 to first, $300 w second | @ud $150 bo third, YACHTING, Fads drier, = Hats, 334 5 } PROGRAMME OF THE ANNUAL BEGATTA OF THE | ATLANTIO YACHT CLUB. The annual regatta of the Atlantic Yacht Club | willbe sailed to-day over their regular course, The Atlantic club 1s quite an old jnstirution, and has of iate years grown considerably and in- | creaged the number of its members, The ofilcers ephyr sold for $100, Pred Tyler for $90, the fleid for $40, Lady Woods was first away, Lena Case second, Fred lyler third, Zephyr sourta, Pauline flith, Cheston sixth, Rosa Sonberg sev- enth, Harry Gilbert eighth. Zephyr soon trotted tothe front and led three lengths at the quar. ter pole in 83}, seconds, Frea ‘Tyler second, | for the present year are:—Commodore, George Lady Woods third, Lena Case fourth, Ohes- | A, Thayer; Vico Commodore, Laiuam A. Fish; ton fith, Harry Gilbert sixth, Pauline seventh, | Rear Commodore, William Cooper; Recordiag | Rosa Sonberg eighth, Zephyr trotted clean away | Secretary, Joba Bh Treasurer, Sidney from the others on the lower turn, and led six lengiuns at the hali-mile pole, in 1:16, Fred Tyler second, one lengthin front of Lena Case; Lady | The club trustees are:—J. R, Maxwell, S W. Woods fourth, Cheston fifin, Harry Glibert sixtn, | Kuowles, Eaward Arnold, John i. Rhodes, Pauline seventh, Rosa Sonberg eignta. Zephyr ; George A. Thayer and Latham A. Fish, The waa eight lengths in front at the three-quarter | steamer Magenta has been chartered by the ciab | pole, but she took matters easy and jorged homo | tor the use of the members and thelr guesrs, and | & wibuer by two lengths, Lema Case second, Harry | will follow the yachts over tae course, Tue Mae Gilbert third, Oheston sourth, Fred Vyler fiitn, | geuta will leave Martiu’s dock, Brooklyn, at a | Lady Woods sixth, Paulino seventa, Rosa Sonberg | quarter past ten A. Ai, The steamer Willjam | eighth, ‘Time, 2:3634. Pieccher as been ep,aged for vhe use of the | Second Feat,—$100 vo $65 on Zephyr agatnst the | preeaictey ear cytes i gag baycrmeup fleld, Fred Tyler aad a tride the best oi ihe wend- of, Zepiyr second, Lens Vase third, Lady Woods | fourth, Pauline fit, Harry Gilvert sixth, Cheston | grougd the soucawest Spit buoy, leaviny same on | seventh, Rosa Souberg eighth. At the quarter | port hand; thence (o sad a@round che Ligntsnip | pole Zephyr led halt @ length, Fred Tyler second, | 824 back hole. The ape class a cps will j Harry Giloert third, Lepa Case fourth, Lady Woods | BAA Spits wit Hearatine @euueyrn Cheauel fifth, Cheston sixtn, Pauline seventh, Rosa Son- | bavy aud thence hone, The tlird cass sloops | berg eighth. Time, 3634. Zephyr drew away on | Wil Start irom same point, gud alter turaing Lie | W. Kuowles; Measarer, Ubristopher T. Lippitt, and Vorresponding secretary, , Herbert Hogins, THE COURSE | for the schooner aud first class sloop yachts will | be from the starving point ot Bay | Ridge tu ana { | Southwest Spit buy, re:urn home. the lower turn and was two lengths im trontat |“ yie competing yucuts will probably comprise | she hul.-mile pole In 1:14, tarry Gilbert second, | the schooners Aghes, Vice Commodore La! Fred tyler third, Lena Vase jourta, cheston fita, | A tyre sar “ s. Pauline sixth, Lady Woods seveuti, Kosa Sonberg | Padriess, 4" iowera Max malls titton, Cominmence | eiguth. Zepuyr came steadily on and won the | George A. Thayer, and Visioa, George H. + ey 3 | heat by three Jeugins in 272%. Harry Gilvert | ana tue sloops Auua, W. A. Uumming; Barvara | second, Lena Case third, Cheston Jourth, Fred | Freitcnie, Jobn H, Rhodes; Curlew, H. ud. Hogin Tyler fifta, Rosa Sonoerg sixi, Lady Woods | jiyaway,’ V. & Livingstone; Genia, S. Homan seventh, Pauline elynth. | Josephine, B. V. Lowell; Kalser Wiiheim, W. &. | Third Heat,—A row took place on the track, and | Greenical; Labie B., 8. S. Blood; Madcap, J. the drivers were changed beuind Harry Gubert | uyk; Maria, & H. Munvley; Orion, Rear Commo: | and Fred Tyler, W. thomas having charge of tae | dore W. Cooper; Petrel, Joun s. Beecher; Undine, | former und Joun Rogers of Fred tyler. Taisseemed | w, O, Fowler; Ada, George B. Moffatt, aud Lote, | to satisfy the discontented ior the nonce, Zepayr | Wi HL i. Beeve, " : sd svid for $50, the Held g12, Zephyr was Urst away, a Chestoa ‘second, Lena Case wird, Rosa Sonberg seventh, Lady Woods eighib. Zepnyr soon took the lead, was never leaded, and won the heat by two lengths, Harry Gilbert secoud, Lena Case third, Fred Tyler fourth, Lady Woods tifth, Coes. ton sixth, Rosa Sonberg seventh, Pauline eigntu. The quarter Was passed 'n 37 secouds, tee half in 1:13%, and tue heat in 2:30, Marry Gilbert won secoud money, Leaa Case the third premium, TH® SECOND TRUT, Samz Day—Parse $1,000, for horses thas have never beaten 2:31; $000 tO the first, $300 to the second, $150 to the toird horse; mule Leats, best three 10 five, in harness, STARTERS, M. Whipple’s b. m. Lady Wuite.... THE NEW JERSEY YACHT CLUB | sail their fourth annual regatta to-day, A steam- boat has been chartered by whe cluo to accompany the yacats over the course, The yacits will start from an anchorage of the club house, foot of Fourth street, Hoboken, and will be anchored at Jeast 100 fe@t apart, cabin sloops in advance, open sioops to tue southward, in their respective classes, THE COURSE will be from a stakeboat anchored off the club house, to and around @ stakeboat anchored of 22 Geo. N. Ferguson's b. m. ‘Miss Miller. 1 2 8 | Spuyten Duyvil, turning tne same from east |. Spian’s b. gz. Mat ner. 43 2 to west, race to terminate by aSSiny Jobn Marphy’s b. m, Lady Sears. 2656 4 home stakeboat of ciub house 8 ine J. 2. Gulvert’s olk. m. Littie Dorris. 3 4 6 west. Tho yacats will be in positiua promprly TIME. atten A. M., and have the ciub Signal at tue peak. Mile, ‘The signal for siarting Will be as foliowe:—len A, First beat.. i M., first gun, to get in line; loh, 25m, A. M., sec- Second neat. ond gun, to’ get ready, aud 10. 30m. A. M., third ‘Third heat | gud, 10F ali classes to start, The race will be sailed | Wager the supervision of the Kegaita Commitice, Messrs. Josepu Nobles, James Veit and B, N. Crane. | fe oewang: yacuts have entered for the re- | — { % one 816 1304 @ Dorrit the favorite, Mat Tanner second choice, Lady White was first | away, Liitie Dorrit second, Mat Tanner third, | Miss Miller tourtn, Lady Sears fifth, At the quarter pole, which was passed In 3853 seconds, Mat Tanuer led one lengiu, Lady Sears second, Lavile Dorrit third, Lady Wolie iourtn, Miss Mile jer Hith, ly Sears then went to the iront and Was @neck ahead at the hall-mie pole 1:15, Litwe Dorrit secoud, @ neck in udvance o: Mat Tanner, Who was a lengtiin trout of Laay Waite; Miss Miller fith, Lady Wiite made @ Hugh Carry, | Abraham Dorsett | P. smalk | 35.09. A PLS CLASS OPES SL00PS. 6 dash on the backstretch, and passed the | Charm Com, Ketchain. otaers as if they stood stil, She kept m frout | Jessie. 27.00, GC. Huyler. 1 to the end, winning the neat by hail a iength, | Laniel Doo. 26,01. DM. Phillips, | Ripple... "A. Henyou. Miss Miller second, Mat fanner third, Lady sea: fourth, Little Doris with, Time, 2:31 20.05, SECOND CLASS OPEN BLOOPs. nd Heat.—Lictie Derrit 52.10, Ex. Com, Nobles, d tue Dest of the start, Lady Sears second, Miss Miller taird, Laay nipeelrasttyrons White sourtn, but she was cut of by Lady sears W. K. O'rrica, and orokea up; Mat Tanner Aitn, Little Dorrit | gohn Kell led three jeugits to the quarter es) Lady Sears ud, Miss Aililer thirg, Mat Tanner fourto, White fifth, Time, 37 seconds. Lit two longi is tn iront at the hatie mile poie in 1:14, Lady Sears second, Miss Miler | third, Mat Taboer iourth, Lady Waite Mich. Going Bp the bilt Mise Miller passed them all and came in and won tue beat by two lengths, Lady Sears second, Lirtie Dorrit third, Mat Tanger fourta, Lady White fith. Time, 2:32, Third Heat,.—Miss Miller had tue lead, Lacy Wkite second, Mat ‘auner third, Lady Sears sourth, Littie Dorrit Mitu. Miss sullor wad Mret at tue quarter pole, but broke up soon alterward, Mas /anner second, Litrie Dorrit third, Lady sears fourth, Lagy White fitn, Time, 383, seconds, Littie Dorris went to tue front, on the lower THE BROOKLYN YACHT CLUB Regatta Committee have ewarded the prizes in Saturcay’s regatta to the following yachis:— FIRST CLASS SCHOONERS, Club Prize—Comet. Flag Uilicer's Prize—Madelein FIRST CLASS SLOOPS, Club Prize—Undine......«. ¥ lax OMcer’s Prize—Whitewing BECOND CLASS SLOOPS. stretch, and was first to the hali-miie pole by aalf | Clud Prize—Schamer. @ length in 1:18%, Mat Tanner second, Miss hiker Bing Otticer's Prize—Mi third, Lady sears fourtn, Lady Waite ith. The THIRD CLaSS SLOUPS. later then trotted very Club Prize—w. 7. Fiag Ofticer's Prize—Victori | | fore he finally left | tne dgnt, aquatic eiroles, wi!! take place this eventog on the Harlem. it is to be pulled over the old course, three miles straightaway, and to enable thos@ Who wish to see the contest ® stexmboat will leave Thira avenue bridge at half-past ‘our o’elooks and accompany tue sculiers the entire distance, in the four-oared gig race of tae Columbia Boaé b on Saturday last it was Mr, U. O. Lewis, port stroke, not Mr, O. W. Lippitt, who broke down and dounties lost the race tor the Dixie crew, Mr, Lipe | pitt pulled @ strong oar irom start to finish. On Saturday, 19th inst., the Carman Boat Ou! sO signaily defeate uanaville, last year, an eight-oared barge ¢ ¢gamet the Arlington Boat Vind, Of Gre npoint, The contess took place over @ .Wo-Mile course on the Hudson, aud was well puled from #tart to flnish, the Care mans proving easy winners in 12m. It took tie Arlingtons lam. to make the distance. The crews are as f1ic Ourman Ciub—iHenderson, bow; Kuapp, Wuson, No, 3; Swarts, No. 43) Keegan, No. 6 Long, No. 6; Milla, No. 7% Hunt, stroke; Lyne .xowaie Arlington Ciub— Pidgeon, bow; Young, No, 2; Wheaton, No. 34 Thoma: 5 i luson, No. 53 Paynter, Now 6; briggs, No. 7; Nogers, stroke; Moore, cox+ awal iam Taliiffe rowed a sin~ n Rockland Lake oo the 19th IDste The course was one and @ hail miles, with @ taro. x Won in lo, 40s,, Taide beimg tuirly sec< onds behind, ir. Coleman Cleland, stroke oar of the Dannte Jess fonr-oured crow, baviag met with a verst Severe acci.ent, it 1s Liguiy provable they will ROS be represented in te Mariem Association Few gatta, 201b inst. THE FIZZLED FIGHT. ccemiereeanieipieoeecbeinemiy @zORGE RooKE’s REPLY TO TOM ALI TO THE PusLio:— Mr. Thomas Allen, ment from the p im announcing his retiree 2 ring, bas seen fit to make an unjustifiable arvsault upon two persons, Ben Bogan and my.ell, each of whom was Anxious to meet him and test his qualities be« ssion In which be hag won but lttio substantial reputation, The good taste of this conduct is question« able; Mr. Alien, however, may consider it sale, | since by bis absolute retirement irom the ring he wo doubt nopes to have escaped any danger of ap encounter with these persons, & contest wit whom he has thus evaded, The circumstances attending my recent match: with Alien are briefly us follows:—The mato wos made for $1,000 a side, to be fought om dune 1%, Harry Hill was temporary stakeholder, A final stukeholder was to be chosen before to be agreed on by both parties, was selected as the Soak stakeholder, In consequence of some mise Qnderstaading between Allen and = Barry\ Hii im regard to ‘money alieged to be due to the latter, @ deiay took place in the transier of the stakes to Mr. Cnamberiatn,, aud he thea refused to act as final stakoholder, Mr. James Collyer Was then mutually agreed upon a3 stakenolder, but be also declined to act. After several ineifeciual attempts to agree on another person, tue iriends Of Allen aud my own repre | Sentatives declared the match of The tact wag telegraphed to Allen by his own party. Lulso tel- egraphed htm that as the match was off, {9 cong | Tormity with the articles o: agreement, tirouga | the failure to agree on @ Stakeholder, I was pree pared vo renew it tor any amount he might choose, orto fight him for tae champtonsbip without & dollar stake, Afier recelving these notices, and with the knowledge that he would vo sione in the ring, Allen went to the ground, stepped Into the | Ting, trom which I am now entitled to betieve ho would pave gladly ;siunk bad 1 or any good man been present to mect him, ciaimea the stakes to which be knew he was nos entitied, and then went blustering into the newspapers, belauding his own prowess,. denouncing the men he feared to fight as co’ and announcing bis final retirement from tue Ting. I am quite willing to leave tue cublic to judge between Allen ana myself on the point of courage. 1 was and am willing to fight him. We could not meet on tho 17th inet, under our old articles of agreement. His friends and wy Irienda agreed on that, He knew 1 wanted a new mate! He knew I should oot be ion the ring. Knowing. this, he threw im bis cap, yelled aovat his own bravery, accused me oi cowardice, and—ran away! Ihave heretofore remained silent, bein: willing to Sight, but mot anxivus to “vlow.!? now ask Mr. Tom Allen, before he sneaks out of sigut, to test bis own and my courage by Aghting Me Without any stakes. If he accepts, { will bet him $1,000 that I whip fim, which will pay bis ex- pensea should he be victorious. If he declines £ shall know hita to be the Whttechape! Dodger and. coward at heart that Many have long belleved Lim to be, Yours, &c., GEORGE KE. Jonn Chamberlain HARRY WILY ON THR LATE PRIZE FIGHT FIASCO, © THe EpiTos or Taz HenaLp:— The late failure to decide the Issue, Allen vs. Rooke, !n the roped arena makes it my duty, being the temporary stakeholder of the $3,000 made depencent thereon, to notily publicly all parties having @ money interest therein to pre- sent the claim, either in person or by proxy, for prompt adjudication aad settiement, at or after three o’ciock P, M. Monday, June 28, inst., at No. 26 Bast Houston street. Touching that failure and the respoctive merits of the preposed contestants I have no stateme: to make, Tneir record is before the people, A sense of duty, however, demauds the averment shat these men made the contract tn good faitn,. AM purposed to mect all its opligations ad promptly. The preliminary trainings ystematically consulted ¢ for the untimely inverier- interested 1p the monetary issu heat by three jengths in 2:30%, Miss Miller second, Mat Tanner third, Little Dorrit tourth, Lacy sears ith. Fourth Heat.—Lady Waite was now the favor- THE OCTAN SCHOONER RACE | of the Seawanhaka Yacht Club, which ts to be sailed on Thursday, June 22, over a course twenty | | miles to windward and return, Will be an ex- citing event. Ine starters will probdabiy com- prise the sebooners Palmer, Mr. Rutheriura Stuy- | Yesan’ der, Mr, S, J. Colgate; Wanderer, mr. Silliman; A Mr. W. L. Swau; Kestiess, Commodore Kane; Triton, Commodore Thayer, a04 Meta, Mr. Iselin. The tug Cyciops Will eccompany the yacuts round the course, ite over the field at 1001030, Littie Dorrit was first away, but broke up immediately aiterward, Jourth, Lady Sears fitn, Mat tanter was first at the quarter pole In 37) seconds, Lady White seo- ond, Miss Miller third, Lady Sears fourtu, Littie Dorrit Of Lady White was Orst at the pall mile pole in 12143, and coming on steadiy won the beat and race by @ lengta in 3:00\%, Mat tanner second, Miss Muler third, Lady sears jourth, | Little Dorrit fifth, Miss Miler wou second money, Mas Tanner uura. | THE TAIRD TROT. | YACHTING NOTE Yacht Sea Wich, B.¥.C., Mr. F. A. Scott, from Same DaY.—Ma‘ch $500; ue heats, best three | Greenport, passed Whitestone yesterday, en route 1m five, im harness. for New York. J. Murpuy’s b. g Charley Gre J. Dugrey’s g. g. White Cioud., | TIME. BOATING. Quarter, Hats, 9 6 A LIVELY THREE MILE SCULL RACE AT PORT Li Yesterday afiernoon @ very interesting scuil race took piace at Fort Lee, between Philip ©. Kiennan, 0; Brooklyn, and James Hardy, of Man- hattanville, Jne distance belug @ mile and one hall up the North River, arowuad a stakeoeat ana revurn. Both are amateur oarsmen, but fave | sade: ond ve toartin ve toe Suismnto pores Wr i | many admirers, The consost was for a skeleton | two more breaks, in 1:16)s, and Ureaking up three | boat valued at $200, The contestants were early | times on the backstretca ahd once aguimeonine on hand, the siart taking place at @ Lite past See Third heat, Pow tu be PB he start ogtns. Onure ie Way to the Went urownd the turn ieading two ley Green broke up Luree times oa quarter poie, baving cast a sive on the tara, Le, homestretca, cawe home & winger vy three . °@ three o'clock. Hardy won the cail on pesition bri beer .2 White Cloud was puied | anq guose tue outside, At the signal bork ‘Second Heat.—White Cloud was still the favor. | Marted of | promptiy ond kept side aud te, and at greater odds tuan be.ore tue start, 100 | HGS, lor aveak ® quarter of 8 mile nea to 25 being current before the start, Char | con lcradsa ane eemee es | opera ing the thaido had tae auvantage Of the cura sad | Mem followed in the wake of the contestants and the Hardy men were betting two to one on their | sayorite, At the end of the frst mile hardy was | full one length ahead, but a8 ‘hey neared the atake- | boat Kiennau made a despetate edort and lapped | his opponent a they rounded the same, Aa ther started for home beth jaid right down to their | work; first Hardy would gan a little, then Klen- Jed two iengtha to the quarter pole, onds, Waite Cloud closed ou Coa no the lower turn, but broke up aad Greta passed whe hall-mile pove im i:i4'y. Charley kept in iront v Mg end, Winuiug the heat by two lengths, in | o%. Third Weat.—Chariey Green took fend | oon on - - n ms o | aroand the tafn and held it tothe quarter polo, | DAA would shoot anead @ Halt & lengtR oF sO. AS in 38 seconds, He kept in front to about midway | | y nds re ‘ | ment ensued; it was douotin! Who would win, of tae lower turn, when Whtte Gioud carried | Vien witnin twenty feot of the home. stak tim = fo @ break. =White Cloud Was | non were side by side, pulling for dear life, two lengths in front at the bolf-mile but Kiennan made bolt pull and ran pole in 131534, and, incrousing bis advantaze Up | sn’ /oet unree-quariers ol a lengin anead the hill, was jour lengths clear of Chariey Green | Chisring of hia irienda, The judges der at she three-quarter poie. Waite Cloud entangled | Yinuer and a purse was taken up, cons! considerably on the ho: ostretc | Rome $40, Which Was presented to im. Hardy had Bo reason to feel chagrined at his defeat, auu | Ris friends talk o; matching Wim agaia. et he managed My. Fourth Heat.—White Cloud had tue best of the art, and led @ lengin to tue quarter pole in 40 seconds; but ke broke up as he tursed into the lower stretch and Uharley Green eat him four lengths to tne half-mile pole in i:#l. Chariey kept the lead tothe end, winning tae heat and race by two lengths im 2:39, TROTTING AT PROSPECT PARK FAIR GROUNDS. REWARK AQUATICS, The annual strngyie for the championship badce of the Passaic Clud took place om Saturday after- noon, Mr. Fortmeyer winning the race in thirteen | munates and fifty seconds. The course was two ies, straight away. Aconsiderabie amonnt of oncertainty has ex- | Prosexct Park Fan Grounns, L. 1, MONDAY, | isted within the last lew cays as to whether the | pot aun ae kement $400; lle heats, best | princeton Ciub imtended to row or aot next F. BR. Smita’s c. Veutare | Saturday. A telegram has been received by a } 221 2 R, Holmes’ b. g. Cuppy | to find accommodation for six six-oared gigs to- | morrow, as the club intend to bold a regatia on | tho Passaic on Saturday, the 26th inst, j ‘The Common Council of Newark have authorized | the expenditure of $400 toward the expenses of a rowing regatta, to take plaee on the Fourth of | duly. The Triton and fi fe siready selected their enamptons fc eculi race. | Mr. KB, Philips, of Corneli University, represents the one, and Mr. J. Angelman, WhO pulled stroke oar in the winning crew of the recent fonr-oared race of the Passaic Amatear Rowing Association, representa (| omer, Mr. Abgeiman goes into training atonce aud Will be cescked oy dummy Tem Eyck, 1 34 3 68 Hoth. 1:20 Fourth heat. 45 Fito beat..... +. 46 i: Veature was the favorite before une start, afer ich Clippy became first choiwe. After the third heat Veuture Was again made the favorite. PATERSON DRIVING PARK ASSOCIA- TION. BOATING NOTES, meen The single sculi race between Richard Bain- The first spring meeting of the Gentiemen’s | bridge and Frank Yates, an evi Driving Park Association, at Palervon, N. Ju will | cauged cousiderabie com and sneeniation in | walking and running | Lavimer a | boathouse keeper on the Passaic requesting bim | ¥y: which bas | Would unquestionably have fougat out tae issue to the Ditter end, bots belng courageous and skiliul men. Pending these prel!minaries and before the nom- {nation of the Ginal stakenouier, for some unex plained reason, aud wichout, ast velieve, eitaer the concurrence or connivance of Rooke, certaim Of his backers, throuri an attorney, notified me in legal form that they should hold me civilly and criminally Mabi Nn 8 contribated by beside tneirown Allen's friends ¥ unex. apprised them were paid uncer y pretence wiatsoeve were promptiy advertised of pected denoucment, that in eo far ay | to the fund we thereon had been Allen and Mis Irie the requirements, Civil suit, legally ¢ tody supposed bo belo otaer than those figat it out on the ro conclude toils note that ander no coneeiva ever will I again nd were dist *3 onion: volved an a i rit We siatement e Cire Ces Wha! 2 the noWing of fanad, ¥, the payment ol which are Tempo! ily or (va to be made dependent wpon the humbug, cesses consnited late yeurs in the fin: mont of the prize ring. in the sive par: r tue Tunes, prize Gghing is played out, te, MARKY HILL, THR IRINM GIANT AGAIN IN THR FIELD, O'Balawin, the trish gis erved two years in Moyamensing Pri Philade!phia, for poking out the eye of a gentiemaa with a stick, has been set at liberty, Ho is sow ons with a chal jetge to Mgt an ants part ticularly to m tne only reason Why Allen p dud yester Gay Was LeCause Le Was Ali aiG tO MUet bbe giant, THE YOUNG PEDESTRIANS, ene Pode ‘The Fort an Clab, of Brooklyn, ot Which W. PF. Halstead ia President, Wid Save an annual meeting to-night im Fort Greene piace, de. tweea De Kalb and Fulton avenves, when eleven nacches will De induiged in, ntests of the young pegestrans rouad & Very iofue number of ¢ and if the weather i@ fair to-fipht the exnibition of endurance will be weil patronized, doaptiess. Lf the weather 1s nwlavoraDle the cou- test Wil take place LDe WeXt (air eveming as eigut orciuck. THE scr Last year the © meted to the RAISEMENTS. Yesterday the following communication was ade dressed to Vollector Arvaur:— Ratsnn's Orrn w Kon, June ass} Sin—U wraets of the 15th Inst, relatin certain crepes Motsra, P. Sehathot +4 Co., L nave cause made naoder the ummodiate su of Assigiant Appraiser Gib- $0", assisted by Me. Cocbit, of this vepartment, and the following Samod gentiemen gtrached tw the jending Bouses deaitug in crep Nesbit of Mesera, William + Mt hy the seizure rooms genilemen ftom samples shown to them, Tho Fesditof the oxk 06 and S76, estimated by meire, 1d per cent discount, Was 51. 250. per metre, with the Friedman, 41, 7o0. per metre, aud yh Ad diffe: " nee bev Of these valuations i# for eas hse S78 1, 88c. per metee, Upon these inet tne’ avoruoe value for ose 700 ts 41. 9540. per metre, and for Sf. and Se. Case 809, the Invoies of which was Liverpool, containing Engist ore) eo, the inwo! Iscorreot The revurn wall be 6 oo Monday, inst. Very respectialiy, W A, DARLING, Appraiser. The whote substance of this appraisemen' ‘tse Seems to be that there is @ fight on i th Custom House tetween rival ho: and althong Collector Arthur bas called tn mem Wao are calle perts to pass opimions on crepes, whey Dim tum goods ex Giderent valugs om samwiod EUt we sane Brace,