The New York Herald Newspaper, August 6, 1875, Page 11

THE SUMMER REST.| Delights and Drawbacks of'| Life at Newport. eee neve A TRAMP IN 'THE CATSKILLS. The Beauties of the Cauters- kill Region. teens: THR STORY'S APTERWASIE AT LONG BRANCH. NEWPORT. Newrorr, R. I, August 4, 1875. Byverybody here will be glad when the races at | Saratoga are over, tor they with tne other | Well known attractions at Long Brancu and Cape May have tended to draw from the recetpts of $his delightful summer resor, ‘This year the hotel-keepers are not too proud to own this fact and almost everything else in view of the prevail- Ing dui s of transient travel. No watering Place in New England can soast of better kept hotels, and the prices will compare favorably with | those charged at Long Branch, Saratoga and Other places. Tis year, in conformity to the | times, prices have been redacea, but as yet it has | hot had its desired effect in bringing the people | to tue place. Hutel life, from no fault of their own. | is yearly growing less popular, aud the reason | is wellknown. At present there are but two hotels, | and it may be that next summer there will be bat | ohe, anless somebody takes it imto his head to | Start a hote! near the beacs, or at least within Sigitof water. Already ‘a movement iw on toot to butid a hotel on Conanicat Isiand, just across this harbor, Several New York gentlemen are lnterestea im the enterprise. Tne Legisiature Will be appealed to tora charter at the January session, Dut there is no prospect that it will ve built atan early date. A hotel there mignt pay, but its projectors would be under considerable risk In View of the fate which has attended ihe Many hotels in tna vicinity. At Narragansete Pier there are eighteen hotels, or what are termed as such, and I venture to say with two excep- | | tons = none” of them bave made any Money, nor are they likely to from Present indications. ‘Three hotels, capable | of aceommodating 200 each, with the cottages, would be sufficient to care for the Pierites, end | snen they would not get rich, At Narragansett Pier the hotel business is overdone, as itis appar- ynrly at this place, not because o/ their numbers aere, but because the tourists do not care to patronize them, as they are well aware that they | Will not be admitted to those circles in which the cottagers move. ‘Tnis is not so atthe Pier. If there is a hop at the hotels tne cottagers are in- vited, and they accept the invitation; and when they hold receptions, kettleirums, or any other entertatoment they are sure to return the compliment. BELLEVUE AVENUE, which is the most fashionable drive, presents an animated scene every afterncon. On either side of its entire length may be seen the finest villas In the piace, surrounded with trees every description. ‘The turnouts tnus far are not very elaborate, and we miss the four and six-in-bands which attracted so mucb attention a few years ago. However, the display 18 creditable to the place, and, with one exception. mo other | watering place can be compared to Newport in this {mportant matter. ‘The only four-in-hands so far are driven by T. A. Havemeyer and Hugo Friten, poth of New York, who, for the sum of $6,00C, have rented the elegaut villa of Mrs. Paran Stevens, Landaus, barouches, phaetens, coupés, Victorias and carryalis predominate. Dog carts Bie DOL seen as frequentiy as last season, THE HIGH COST OF LIVING. Much has been sald, and justly too, of the ex- travagant prices chargea for every conceivable Article desired by tne cottagers. This state of thivgs has been brought about by the servants to & xfeat extent, They are imirustea to do the marketing, and they go to places where they ten get their commission, and unless they get it the trade will be given to those parties who will pay tne price. ‘This is an undeniable fact and acknowledged tven by the merchants themselves. Only a day or two ago @ Worthy groceryman informed the JIKRALD representative that he was obliged to pay the Commission or lose the trade. This is wel enough if it Were the end of it; but, alas, It Isnotso, The groceryman, butcher, vaker and Dtuer representatives of the tuxurles and necessi- ties Of life cannot afford to pay the commission Was anticipated, and the good man ol the house is led lace are laud sharks and determined to fleece hem while the day lasts. Thus tne !mpression goes abroad that Newport 18 an extravagupt piace toreside in, aud that noone out million- | baires or those possessed of handsome fortunes tan afford tu Spend their summers there. It nas been a great injury to the piace, and it Is keenly | felt by the community in general. Let the cot- (agers do their own buylog or trust it to servants Who they are convinced will not take or accepla bribe, and then they will have less cause tor com. plaint and the city be saved from (urtmer disgrace. THR BATHING BEACH At this place is one of the dnest in the country, and also free from those dangerous unuertows Walch have been the means of causing sc muny wrowuing accidents ciaewhere. Nearly 200 vath- lng nouses line tne shore, aud they are as come fortabie aS SUCK hOUS€s are expected to be ior dubite use, Bathing, however, 11xe hotel hfe, is hot very popular, and the proprietor of the buth- ing factituies is my authority ter this statement. The vice young ladies don't bate, lor the reason shat they cannot make as showy au appearance as they Cap on the street, and pecause of the lu- quisitiveness of the young men wav loiter on the peach to hear “What the Wild Waves are saying,’’ pnd also to see Old Nepcone caress the fair maid- ens as they eater the gurl. PERSONAL MATTERS, Mr. A. Grip, of the Swedish Legation, has ar- Tived at Durtinann’s, as hus also Rev, R. Terry, of New York, weo 1s to be married to the daugh- | ter of a prominent New Yorker, who 18 spending the summer here, next montn; and Cnarlie Bo.’ | uaparte, 4 brother of the more illustrious Oa.o- | nel Jerome Bonaparte, who with bis family 16 | now in Paris Waiching and waiting for matters political to “swing around,” The villa of the lat- ler is lucated on Harrison avenue, tu this place, aud it 18 unoveuplea, The turf is well represented here, M. H. San- | ford, the wealthy co.ton manulacturer, nas & Magnificent turing villa on Washington street. Wiliam Kk. Travers, son-in-law of Reverdy Joun. bun, Das one On Narragansett aveuue. Mr. August Belmont aiso owus a tine estate on Believue avenue; Lut this season, owing to tne iiness of his daughter, ne is located at Saratoga, to the regret of the fastionable portion oj the commanity, A race course in Newport woula be A great aduition (o the place, Dut the imhavitanis would shake their beads in holy horror at the suggestion. They take pride, whem advocating the attractions of their city, to mention the ect that buthiug of the king Would be tolerated and Shat its adscuce Is the Cause Of the city’s popuiar- ity, This may be so, but race gour at New. port's rivais are a godsend, aud enrich bovel eepers ib consequence, Koyal Pueips, resident of the Sporteman’s Club, Ol New York, also owns and occu @ villa ip Narragansett avenue, bi been entertaining the Beigiam Minister, Maurice del Fosse, Cyrus W. Fielu, after making a brief visit to the t.wu of Bristol, about ten mules from tis city, Where & dausRter resides, called here and was the guest oi Mrs, Loring Andrews of New York, on Bellevue | avenue. Robert Lenox Kennedy, Presidoat of the Bank Of Commerce, New York, kus recentiy rented tne Fieid cottage, on Ocean aue, James Leuox, of New York, ia vcoupying tue e.emaut stone ho t, owned by A. Hatch (Fisk & Maten). as the yacht Resojute, belonging to | his family have a suit of rooms at | s€ O11 Cathariue street, inpson, the ‘merchant prince,” as 16 termed, @: boston, kas rented tue Villa of Art to believe that the business men of the | George Francis Ti ain, woo, it is said, Was Rot ree seived into Avelety here, and whu cousequentiy Governor Lippitt, of it jor tne rejuses to viatt We place, Khode Isiaud, nas vce a ibe villa of tre. ast thr yeurs, ater Coivwel G.I. M. Lavis, of N, a0 bi rented, abd’ Mi. Van Votkenburg, of New York, the jortuuate po sor Of Lue Kame, ect of the Everyeody i$ delignied wb thi Foap ht Club, amd auaual Visit from the New Yo! the tvees are sure lO attract @ large number of transient gui rom New York ana elsewhere. For a greater tof the season there «re always yachts belonging at anchor in the purbor several to the prominent ciuos, many of tueir owne Occupying cottuges tn the cy. ‘ their wating port, board ‘Lhey make this wna with sulling partie Visit the many attractive nooks | 1s probabi @eaced to flock im agaim te the joy of the hotel pers. THE CATSKILLS. CAUTERSKILL FALLS, Catsk:!! Mountains, ) 3 August 8, 1875. 5 ‘There are & great many people who think no summer complete without @ visit of greater or less lengty to the Catskills, and itis remarkaple how many of the same jaces one meets here year aiter year. The Rev. Dr. Hawiey, of Auburn, nas been at the Mountain House for thirty years, without missing a@ Singie season, and one o(tem comes across an old gentleman who has been in the haovit ef coming here every year since 1825. Urcourse there is & lack of novelty about the varied scenery of the mountains to those who have thos been long fumiliar with 10; but the early impressions of wonder and delight have now become replaced by & genuine love for the dear old Catskills, which 1s pretty sure to last through life, only growing Strouger as the years go by. One jre-emment advantage which the Catskills have over other Mountain résorts certainly there is no other place where one can obtain suci a complete change of air within a comparatively short distance of New York. This change is distinctly shown by the fact that most persons experience a strange fevling of drowsi- ness for the first few days aiter their arrival here, ‘his, however, 18 of but short duration, and before long is succeeded by. a new and delicious sense of buoyancy and exhilaration, which makes one feet more thau ordinarily disposed for bodily exertion. In order to obtain the full benefit of a sojourn in the mountains, tuis.desire tor exercise should be eucouraged a3 much as possible, Walking is emphatically the thing to do the Caiskilis; and what a glorious region you have here for long tramps and exhilarating climbs! | for sleep—bensath two | Aud, ob, What nights viaukeis#—aiter the day's tatiguing excursion is over! but your repose will be the most exquisite of luxuries, nd you can sing from the bottem of your heart— ‘ God bless the man wno first invented sleep! So Sancho Panza said, and sv say 1. Of course one who is not muck accustomed to walking should begin his tramps ina very mod- erate way; but afterward they may be extended almost indefinitely. So bracing 18 the atmos- phere that with u little practice almost any one can accomplish quite a good dealin the pedestrian line with comparatively little fatigue, notwith- Standing the roughness of the travelling generally in these parts, Before now we have succecded in making our forty-tive miles ina day, and have fel none the worse for it atterward. We have no intention, however, of sending @ challenge to Weston, a# one might, perhaps, naturally expect. To those who are physically incapable of such ex- ercise, or who really do not care for it, the moun- tain air alone—so strong, pure and deéliclous—ig @ suiticient tomic and restorative, DRINKING THE MOUNTAIN arn. To be drinking this in continually, all laden as itis with the aromatic spicery of the forest, while at the same time you watcii the constantly chavg- ing shadows of tue summer clouds floaung over the ever beautilul prospect of mountain and grove and plain, and perhaps listen to the roar of waters near at hand, or the falné murutur of the streams fu Jar-uilf gorges, if a luxury that 1s worth travelling much further than to the Catskills to enjoy, What tatrer sight could there be than grand vid Hunter Mountain, so calmly reposing over there iu the distance, with its huge furm so gracefully outlined ugaiust the western sky’ It has ulWays beeu a favorite study With artists, and wondrous, indeed, are the be- Witching elects of ight and shade over its richly *ivermitied surface, It lorms the suoject of one oF Gifford's most superb works, and ouly last sutuma Mr. Whittridge, tae President of; tne Academy, made some careful studies of tke same. Most Leautitul of allis it when the last rays oi the de- parting sun stream down the misty vuiley o: the Scuoharie. ‘Theu, in certain rare conditions of the | atmosphere, the whole mountain seems to grow actually incandescent in the rich goiden haze that food, the air. Later, as tne soft twiligut suc- ceeds, it 18 changed (0 a wondrous ricu purple, and grows more and more weird and imajestic, While its proporuons seem to swell toa gigantic size in the gathertug dusk, POINIS. OF INTEREST. Most of the noted points of int st in the Cats- ; kills are in the immediate vicinity or witma comparatively easy ramping or riding distance of tue Mountain House ana Cauterskill Falls. Lt 1s true that the nelghbornood of the Overlook House, whose destruction by fre last spring must have sent a pang to the heart of every one who had ever sojourned av that wonderful mountain eyrie, affords some more grand and impressive Views of surrounding peaks and ranges; but that region is somewhat lacking in that marvellous variety of close scenery, WBICh is One Of the prius cipal Charms of tuis part of the Vatskilie. Here tne picturesque combivations of water- falls, 10ck8, mosses, ierns and evergreens are a perpetual de.gzut to the artistic eye, aud, tnueed, muke these yleus and ravines unsurpassed any- where in tue world, Among the more distant aod unusual excur- sions In Which the festive pleasure-seekers ol tue Mountains ure wont to indulge is that to East | Windhaui, and we propose now tu give you some Account of @ little expedition we made taitner:— Having Do ladies In the party, we scorned to make use of vtuer means of Jocumotion than such as we bud been proviued with by nature, and oo a bright August morning five of us sei ouc om tue tramp with eager steps aud the pleasantest anticipations of a delightful jaunt, Our course was in a gen- | eral morthwesterly uirection, and s)X miles of sieady walking along the winding mountain road | Drought us to Parker's Hill, renowned for the size and flavor of its wild strawberries, and from which there is @ ciarming outlovk to the south and east. On a rock uear its topis painted an Immense white star, which cag be seen for a very great distamee, particularly When tne sun is suining upon it.’ ‘iuruing new abruptiy to tne north we passed througn Parker’s Notch. Here the road lay tur amile througa a dense forest, whose shade Was most reireshing, aud, gradually descendiog, finally brought us outupou tue ro- mantic vailey of the East Kul, when suddenly burst upon us the stupendous ieorm of Old Black- head, fanked on either hand by u peak o1 almost equal altitude, while down at its foot, flushing in tue morning sunshine, lay @ lovely lake, whose unrufied mirror gave back tne per- fect reflex of the great mountains around and the uncioudead vault above. Bid TROUT. This beautiful expause is known, alas! by tho Dame Of Peter’s Pond; bat it is certainly entitled 1o a nobler name, irow the picturesqueness of tis situation and the veuuty of tts surround- igs, a3 Well as [rem its size and the limpid clearness o1 its waters, in whose blue depths Jurks inany @ sbinimg trout that would maxe a sportsman’s eyes fairly dance, That the exist- ence of big trout here is uot a fietion we are fully prepared to maintain, lor on one occasion after sting for several hours in the pond we suc- ceeded in hooking & splencid iellow, We (hen fished patiently ior several hours more, put with. out aby Similar good juck, and finally arrived at tne conciusion that the trout in Peter’s Pond were “oncominon shy.’ We now cressed the East Hili, and, parsuimg our way through the | township of Jewitt, came at length, aiter a grad- ual ascent, to the top of &u eminence, from wuich we looked down upon another aud much broader valley. The sparkling Butuvia Kili could be geen for miles winding through it, and the scene was rendered more picturesque by ihe meat cottages and the wo iitte wuit Village, Woich bears the expressive Mame of “Big Hollow.” Wheu we Waited lor our noonday re- past, which we did im @ pleasant pine grove on the danke of the stream, veyond tne village, it Was ascertained that the uniortunate fellow Who had carried tue satchel containing tue juncn the Jauer part of the way was exceedingly sticky us to uid pantaioons, Owing to the unioreseen effect oi the ROL sun on the sauce of some nuckleberry pudding with which our lady Irieuds had been kind emough to supply us detore start Of course there was no litule diversion cre- ated athis eXpense, buthe bore it all in good 1, Ald, ROLWIIRétanding lis unpleasant predic- amet, seemeu to be quite up io doing bis snare of the cating with as hearty an appetite ay the THE LOFTIZST MOUNTAIN, 4 about an hour in the coo! grove, and before resuming the march refreshed ourselves by Wadily in the rumming water. In she cour ‘ otner hour or so we hud reached Sherman’ 100$ Ol the East Winalam hivh Peak, whica every fant Woman and child in thls part o/ the moun- ains talus 18 by all odas te whoie range of the Catskills. a mile and hall or two miles in Very Jair one a mountain paths Ko, Pp that tt took the greater part Of a hOUr to accomplish the ent. Lt is easier ‘vw Imaging thm to deseribe the extreme disgust © expericuced When, Ou afriving in a ratner lofuiest im the lengtu, an batit is so 8 tain, to find that the view which we haa trampea Lwouty miles for the ee dons of seeing e Was e@ntirely obscured by @ cloud, We waited & whole hour tor that cloud to litt but it jo go'—the cloud stuck. It was then six o'cieck and so, With sorrowl eps, we turned about, and, like the iamous men of King George, jd Gown again.’ MOUNTAIN DEW. On reaching the toot of the mountain once More What Was our astonishment to beneld the cloud resting alone on the summit of this ;.eak, While ail te rest of the landscape was batued in sunshine, When ove Of the party, who is # jumor du coli and has just passed bis exumimation ju phys Mered the following explanation of the phenomenon, which may be found, we believe, in artigié 441 of Snell Imstead’s Philo “Mouusuin to] @ of ve! wi Wheo aii aroun clear, Thi lower aud Warmer sata are in! Your ved may not beaspring mattress, | spired churenes of tne | ‘Dlown” coudition, @t tie SUmmMiIt Of the moun | is in their accessibility, and | | the religiously believes and oostivately maiu- | The pavu to tne top | NEW YORK HERALD, FRIDAY, AUGUST and thus cooled below the dew point. Tue same AIT, a5 iC continues down the otner side, takes up 18 Vapor again abd is as transparent as It was belore useending, A person op the summit per- ceives a chilly jog driving by him, whicu prevents his seeing anything else; but the fog was an in- Visible vapor 4 tew minutes before reaching tlw, and rettras tothe same conaition soon alter leaving him. ‘The cloud resis on tae meuntain; Ut all the particles which compose it are swiltly crossing over.’ The young man did not charge unycning for Uils lucid exposition, and we ail (eit better When the (hing bad oven thus scientifically explained; While all of us were as luily persuaaed as the Bast Windbam folks themseives that this must indeed be an “all-fred” high mountat On the occasion Ol & second Visit to ihe “ieak’ we were fortunate ough to flud no cloud on top, and ti vi Was grand enough to amply repay ove for tue trouble of gecing there. To the norch and east itis exceptionally tne, embracing the Adirondacks and Green Mountains and @ vast stretch of country tmis side, While by climbing @ tree you can also obtain an excellent Outlook to tue Westward. BARNEY BUTTS, That night we put up at Barney Butts’ tan, by the side of Cade’s Hill (on which the Grand View | House, which has since become quite a popular | place of resort, was erected three years ago), and | a very comuortable little bostelry we loune it. The only teing about it to which we vould take excep: TOR -Was The diminutive size of the pillows, one of boys averring thut when he awoke ‘he next morning he found wis im bis ear. Old Barney Butts, our genial nost, 8 known far apd wide as the greatest hunter now living in the mountains, aod be can AoW YOU aRy humber of trophies in the suape of bear ana wild- | cat skins. On one occasion he was seen, to tre astonishment of all beholuers, walking up to the house, dtaguing by a rope about its neck # nearly ful: grown live bear, which Re nad just taken, by Dis own unaided efforts, from the trap tn which it had been caught the night before. Early tne pext morning we commenced our homeward journey, this time striking More to the West and passlug the villages of Hensunville ana Hunter, and in the course of the afternoon arrived saiely at our quarters on the romantic Cauterskiil. LONG BRANCH. LONG BRANCH, August 5, 1875, ‘The inhabitants and sumer residents of this Seaside resort have been created during the past lew days to one of the most severe and continu- ous storms that has ever aesolated this coast in the summer season, Such storms are, of course, not Inirequent iu winter, but the “oldest inhapit- ant” declares no August storm hag ever equalled this one. WHERE THK SYORMY WINDS DO BLOW. Some of those who eame here for baimy air ana ocean breezes and fashion and driving have been hota little disgusted at the aspect the Branch has presented durimg this storm. Travel has been, If not :mpossible, at any rate very Incou- venient, and none of the tancy equipages of the rich cottagers have veen seen on Ocean avenue of jate, At the arrival of the evening trains in place of the rush of bandsomely caparisoned horses, rich liveries and gorgeous carriages We have seen nothing but a few deso- late Stages, just What was necessary to carry the business men to and fro. The summer houses along the blu have been umtenanted, and both hotels and cottages have been hermetically sealed against the pelting rain and howling wind. None but the very brave Rave ventured out, To the majority of the people bere, however, this upheaval of the lorces of nature bas been not disagreeabie, The sight at sea aas been truly sublime, and on Monday the scene presented was one never to be forgotten. The breakers have dashed ln on shore with @ tremendous force, and faras the eye could see the ocean has vecn & mass Of angry, lashing water. You would ob- serve small parties of ladies and men venturing out despite the rain to the magnificence of the ever moving panorama, It was but aiew moments, however, belore they would retire from the Spray, Woica came dashing up far above we bluif. Bathing, hag, of course, beem unthougnt of. ‘lo those who have found it necessary to be in the city each day the trip across tue has been one quite lively enough to suggest peril. The boats nave beew tossed about like cockleshells, and the trip lias been one of dally excitewent, PEARS FOR THE FUCURE. But to those who have more tham a mere tran- sient interest in Long Branch the storm nas been one quite strong enough to cause some serious thought as to the stwoliity of the piace itsell, It 18 certain that one of the main attractions, if not the principal attraction, of tne Branca 1; in some danger of disappearing jor- ever. We refer to the blu, which ex. tends along te coast for several and on which is built the great roadway culled Ocean avenue, It is well Kuown that last winter the heavy storms which prevatied caused serious inroads on this blud, in some places destroying it to the extent of some twelve feet imlana. Where belore there was 4 space of sume twenty feet irom the edge of the bluff to the roadway tyere is pow little more than eight to twelve feet, and each storm carries away @ portion of this, owing to the combineu action of the waves aud tne rain. ‘ihis has been THE DISTURBING THOUGHT during the past few days, whem rain and wing und Waves @guin combined agalust What remains of the biuit It 18 certain that serious damage las been done gnd that tne edge of the biutt has again given away in part summer cottages, which away, Guite on the edge. Tuis has occurred despite the vathhouses, Whien stand at tae fous and oifered a certain amount of protection. But next winter this protec.iom will be absent, and many consider It not impossivie tbat by toe time of opening tae season 1876, from waoich so much is expected, the oluil wil have disappeared right up to Ocean avenue, and that even a portion of the roadway will Lave sudered. This will cause agencral moving, Even during the past winter several of the uvtels were Guwaged by the sea water, Which flew across the bluff and struck their faces. And this winter will make it worse. It is now already brouched to move some of tne | hotels back lurtaer; but this will offer serious dil- ficulties, mainly ia the acquiring of land at tue reur. It has been spoken of that a sea wall mignt be built along tue whole line Of the bluit, thus af- Jording adequate protection. The latest news is that a large piece of the bluff tell away last night, Opposite iuuck’s, caused by the soaking of the recent rains, WHO'S TO BLAME ? A great deal of ail this is, no aoubt, attributable to the stupigity of tie Commissioners, who never have anything repaired, but allow everything to sali imto desuetude Without an atiempt at preven- tion. As we look around and observe the vamage done by the storm We feel that aiew more such may ruin tue Branch, Many of the bathwouses are unserviceavle, and the pier, irom whict so much Was expected, is Lothiug but a memory, if a pier is ever built hereit must be sometning en- urely different and more expensi Even tron Will NOt resist uDiess a break waver is con: aloaud It. @ ulter futility Of wooden 91 been amply demonstrated. WATERING PLACE NOTES. Mrs. ex-Senator Gwin, formerly a queen of Washington society, and daughter Carrie, are at the Virginia White Surphur Springs. Among the otner ladies at the same Javorite summer resort are Mrs, Rovers foombs, of Georgt Mrs. Sallie M. Ewing Pope and Miss Sallie C. Marshall (grand- daughter of Chief Justice Marshall), of Loulsville, Ky.; Mrs. Daniel W. Voorkees aud daughter Hattie, of Terre Haute, Ind., and friend; Miss Mattie Mack, of same place; Mrs, Kizer and daughter, of Mississippi, cousin to Miss Gwin, and also Mrs, Muger, of Mobile. Ex-Governor Warmoch, of Louisiana, ls reported to have leit Waukesha in goo@ condition for a cam- paign among the Eastern watering pisces, He is expected at Cape May, A Western paper says people don’t run to “watering places’ so much this year as usual, Nearly every man is able to find one in his own door yard, and the trne “desideratum’” 1s @ mod- rately Gry spot where it cannot be said that “the rain, 1t raineth every day.” Captain Gore Jones, naval attaché of the Eng: lish Legation, and wife, are at the Ocean fou: Newport, Captain Gore was recently at Jengin- son’s Hotel, Navesink Highiands, whence, tn ti service of his government, he dally visited the boiler testing eXperiments at Sanuy Hook. foe arrivais at tav Uvean House, Newport, on Tuesday were quite iarge, notwithstanding the inclement weatuer. Among tae New Yorkers were:—J. Atwell aud wile, 5, Lowerre, wie an daughter; EB. W, Sweeney, EB. Gold, A. A. Van+ tn, James stokes, Jr. ; wiie and maids 8. hk. Gardeid, & maid, Di Seguin, and the Everett Hoi An exchange say ry keepers to meet their expens Pp mouey vy for wrainy day.” They have certainly bad no diftculty lately in foding the Jatt ‘The United states sloop-ol-war Constitution, with & consignment of youog midshipmen, is due at Newport. 8 u exebange:—"'A summer resort in Ver- a Bread Loa! lun, where (he Gower of bornood aud Other upper crust mem are in the tes oa, FOV the 4! “Om, enon tha Won to chrocie ot i | | e e hours. | The “Lown aud Country Ulu’? is @ Newport festhetic noWoD, ‘Tne Niagara Pails Kegisier says the girla there outuumber the geatioven avout six toone, At the Twin House, Wiire Mountaids, the ratio is only woout jour to one; vut in the laccer je, perhaps, the quality Makes up jor the quansity, It is state wt air. Moody will id tovrnam | to the Supreme t certivrari, #nd are there pending; that Lyady is | Westvrook.—No: Irresponsible, abd that if ne succeeds ip obtaining | | and th THE COURTS. yal 223 A Woman Enticing Away a Wife-—$50,000 Damages Wanted. + THE TWEED BILL OF PARTICULARS. Trials and Tribulations of a Lessee. Juage Westbrook, in Supreme Court, Cham- bers, yesterday granted an order to show cause why a stay Of proceedings should not be granted in the $6,000,000 suit against Wiliam M, Tweed to enable an appeal to be taken from the order of Judge Donohue granting a bill of particulars, the order, @8 Claimed, belug inadvertently drawa in such @ way as to prevent suco an appeal, Wijliam Armstrong, a boy, who was enarged be- fore Commissioner Shields with attempting to pass @ counterieit $10 greenback on W. Fiasnner, of No. 497 Seventh avenue, on August 3, was discharged from custody, the evidence showing that the boy had no guilty kKuowledge in the transaction, ‘The will of George ‘I. Strong, late treasurer of Trinity church, was admitted to probate yester- aay by Surrogate Hutchings. He has left an estate of about $100,000 to his wife and son, ap- pointing as executors John R. Strong, Charles E, Strong, James F. Ruggles, and as executrix Mrs, Strong, widow, A FEMALE WIFE-EN'TICER. Some time simce there was pubiished in the HexkaLp the particuiars of the sult brought oy Mansfeld Compton, of Elizabeth, N. J., against | @ke of the evidence. Jopephine de Cardenas, of No. 71 Park avenue, this | city, in waich $50,000 damages are claimed tor en- ticing, as alleged, bis wife away from his bome in Klizapeth, N. J., amd thereby breaking up bis household and his business. A dispute has arisen as to the service of the summons in the case, 1t being claimed on one side that such summons was duly and properly served, and on the other | the fact of any such service is denied, Aa- suming, however, that che paper was served, and on the strength of the Jact that no attention was paid to it, a motion was made yes- terday in Supreme Court, Unambers, Lefore Judge Westbrook, to punish the defendant for contempt olcourt, such punishment being asked net only for disregard of the summons, but also Jor failure -to appear jor examination Ol the#ourt before trial, All the parties were in court, boch ladiez being dressea in tne height of Jasnion, aad Mr. Compton jooking like a well-to- Qo und energetic business man, ‘The proceedings in court embraced simply the submission of counter-aMdavits. First was the ailidavit of Josepn O. B. Webster, who states that tn company with Mrs. De Cardenas he called upon Freaerick Scklinker, alleved to Rave sworn te the afidavit of service, d introduced Mrs, De Car- cenasto him, when be confessed tnat he had never seen her before id that the person on whom he had served the summons was somebody else. This affidavit is corroborated by Wesley 8. Yard, counsel of Mrs. De Cardenas, who called on Scalinker with the parties named, Mrs, De Caraenas swears With equal positiveness that she was never served with the summons in the case, and bad mo knowledge of the same until itappeareu im the merning papers in the Present proceeding. The affidaviton which the FuMMONS to testily Was vranted states that the testimony asked for is to prove the aummosity of the defendant for the piaintil, that vefendant entice: ay bis wile, and that the hol to which she was taken (No. 71 Park airane) was improper and dangerous; that bis wife is aauicted to strong drink, and at times becomes dis- orderly and insensiple; that she is Im said house under the influence of defendant as nurse and attendant to her children; to show in whut manner deiendant supports her- sell and from what source she derives her in- come, its excent, and if it 18 sufficient tw keep up such ao establishment; to show that nis wife hi a separate income in ber own right and that de- Jenaant 1s endeavoring Lo get coutrol or it and has already secured u portion thereof as payment for barvoring and maintaining lis wile; that plains tin’s wife 1s a person of weak usily misled and influenced, and when under the influence of TOE easily imposed upou and taken advan- tage of. Fade Westbrook adjourned the matter over un- ti) next Monday to allow further testimony in re- lation to tae service of tue summons and notice to be furnished. A LESSEE’S TROUBLES. Aj plication was made to Judge Westbrook holding Supreme Cowrt, Cnambers, yesterday, by Mr. William F, McNamara, counsel for Mrs. Sarah Brown, for an injunction restraining Daniel R. Lyddy and Joseph Cromian from proceeding jurther in a suis commenced by them before Jus- tied A, T. Ackert in the Seventh District Court of this city, toremove her trom the house No. 67 Monroe street, for an alleged forcible eutry and detamer of said house, As the proceeding 19 rather a novel one and of considerable interest to property owners, especially to those owning lease.old property, we give @ synopsis of the facts shown by Mrs. Brown’s complaint, and upon which Judge Westbrook granted a temporary in- Junction and order to show cause way it should net be permanent, Mra, Brown alleges that by assigaument of a lease for @ term Of twenty-one years and renewed for twenty-one years more, made by Henry Rk. Remson and others in 1533, she ts the lessee of the house No. 67 Monroe street, and that said lea: expired on the lst of May last, and’ that by the covenants of said lease it 1s provided that in case a fortner renewal is not granted arbitrators snoula be appointed, one by the owner of tue house, and the other by the Owner Of the lot, to appraise the value of the house on said lot, and that the owner of the jot shall pay suco appraised value. An- other clause of the lease provides that tne lessee, Mrs, Brown, should uot be compelled to surren- | der possession of the premises until the ameuut of tae appraised yalue of the house is paid to ber by the uwner of the lot. Before the lst of May last Daniel K. Lyddy purchased the Jot iu question irbm tne eXecuiors of the Remsen estate, sudject to the conditions of the lease, then appointed by Mr: falling tg agree as to value, selected an umpire according to the provisions of the iease, Who duly made unaware Of $5,600 as the vaiue of the nouse. inat Lyddy should pay to Mrs. brown, Payment o1 thisamount was demanded and refused. On the 7tn of June, 1875, Lyddy commenced proceea- igs belore Judge Ackert, of the Flity-se' iy Street District Court, to alspossess Mrs. srown trom the premises, on the ground that she was holding Over after the expirauon of her lease, Juage Ackert, as alleged, without having signed any summons ior her to appear, aod without ni log obtained jurisdiction of the sudject matie issued & «Warrant to & marslai on the luin of June to remove Mrs. Brown from the premises, &ud sue, with ber furniture, was re- moved that day. [t is farther set forth thatin obtaining said Warrant Lyddy fraudulently ¢ ju- cealed irom the Judge the faet taat paid Mrs. Brown the Vv she was entitied to pos according tu her lease; that a paper Was served upou Mrs. Brown purporting to ve a summons requiring er tu appear before said bn jock om the said 10th of June, bul bi counsel being detaimed by am accident to the horse car On Which be Was riding he aid not ar- rive Galil uine minutes past nile o'clock said morning; that at nine Rate At obtained his warrant to dispossess, and When Mrs. Brown's counsel arrived ue asked Lyddy, who wad not yet leit the Court, to try the case On the merits, but he reused and left the bulidiug. The counsel askeu the Court to open the defauls and gra siay, Nbich Was reused, Airs Brown, finding the premises unoccupied, bly re-entered aud resumed Mr.Cromiag, the other aerend- ant, clang demanded possexsion Jrom Mré. Brown, Witc! Tejused UDIi sue Was paid the Value of her Bouse, Theo Cromian commenced proceedings also veiore id | Judge Ackert agaings Mrs, Browu jor jorcibie eutry 4nd detaiuer of the wouse, ON the return jay oi the SUMMONS In that action Mrs. Brown's sel prewenied aMidavits belure he (rial com. meuced setting forty that he, Judge Ackerl, Wasa | street, @ man Decessary 20d Material Witwess lor wer; lurtaer sel Ung forth Lae facts she intended to prove by nim, Upon these papers goanse moved to discontinue tue proceeding befor $ Court, Which mowen Judge Ackert denied. Tne trial then proceeded vefore Judge Ackert aad @ jury, and in the cours ofic she Judge veld that bis Warrant, issued aloresaid, eutitied Lyday to poss ou, aud re yosed tO permit Mrs. Brown to give her lease 1a evidence or to uive any evidence to snow how she ‘was ib possession, and to show that the summons im the other procee: Judge Ackers, To cue furcher — alle, forwer diap ry ourt, jenerai lerm, by writ of possession cl the house sue will be without remeay; that Cromian is not # temant of Lyddy, whey ate bovk conspiri LMer to de- ud tie petro ais, wouge. pursuant to un order | Arbitrators were | Brown and Lyddy, who, | a@tepant at will of Mr, hyeay, t ch she | 6, 1875—TRIPLE SHERT. | | | | | the attention of | | | Graduaily Jentima’s | saw the outrage, injunction restraining bota Cromian amd Lyday from turther proceeding agains er in the sult pending before Judge Ackert and irom commenc- img apy new peorseaings until she is paid the valye of her house as AWarded. Judze Westbrook @ matter down fur hearing on Monday next. | DECISIONS. BUPERIOR COUBT-—S8P2£CIAL By Judge Speir. Brevoort vs. Brevoort.—-Order settled. Lustig v3. Lustig.—Application for a stay for a rehearing denied ana order settiea. tHalpim vs, The ‘fuird Avenue ‘TERM. ilroad Com- 4., &¢.—Oase proposed fer settiomemt is imperiect. DVetendants’ at- torney must correct it. COURT OF GENERAL SESSIONS. Before Recorder Hackett. LARCENIES AND BURGLARIES. In this court yesterday Jonn IT. Mayer, who was indicted for vurglariously entering a room occu- pled by William J. McKee, at No. 68 Great Jones Street, On the lith of last month and steallvg $6 worth of jewelry, pleaded guilty. He was sent to the State Prison for two years. Berthold Waliheim was charged with embeg- aling the sum of $300n the 7th of July belunging to bis employers, Baruch, Wolf & Co., which he collected trom P, C, Ducnochois, It is supposed that the accused stole between $600 and $700 from bis employers. The sentence was two years nd siX months in the State Prison, Michael Burke was tried upoa a charge of felo- nious assault and battery. Tne evidence shows that he and Andrew Kagan, who were shipmates and boarding at the same house, wad a diticulty, abu, without sulicieut provocation, Burke alt him three times on the head with a siungshot. ‘The counsel ior the accused requested His sitet Ne |, UNITED | of May, 1869, they surrendered | bered | gulity of iniringing taelr righus i Patrick McKeon, robbery; Same vs. Jokn Coffey, burglary; Same Vs. Micbac! Tully, burglary; Sama vs. Paio Bullo, gravd larceny; Same vs, Frank Reinhart, grana larceny; aurah Siutta, grand larceny; Same rl y Kister, grand larceny; MeNaliy, grand larceny; Si grand larceny; Sume vs. Toomas Hove, | from the person; same vs. Caoristep ier wey receiving stolen goods; Same vs. Beune Mevul lom, assault and battery; >ame vs. Loulsa Brows, ets larceny; Sauie vs. James Williamson, pet me ys. Robert Suffrage, pews isresny| nuie Smuth, petit larceny; Same Vs Rovert Morris, p ony; Same v ary Ang wilt petit larceny; Sume Vg. Mary Norton, disoruerly house. STATES SUPREME COURT, A PATENT CASE—-ASCERTAINMENT OF DAMAGES—~ AMENDMENT A¥!ER DECKER. Wasminaron, August 5, 1875. Nos. 118 ana 11¥, Charles M. ‘fremain and Wille fam &. Tremain, appellants, vs. Alonzo Hitchcock et al., and across appes ppeals from the Clr- eult Court of the Sou/hern District of New York. Mr. Justice Strong delivered the epinion of tha Court, ‘The bill filed by the complainants tn the Court below set forth that a patent iora “tremol@ | attachment” to musical instruments was granted On the 27th of June, 1865, to Kh, W. Carpenter: that subsequently the patentee assigned the letters patent to the complainants; that on the 18th day the patent and reissue to themseives (num. and that the cefendanis mad been under the patent. To the eompiaint thus ex! the defendants obtained a 3,444) s Honor to charge tuat the jury could, lf they saw | fit, render a verdict of guiity of simple assaultand | battery. The Recorder did xo under a recent dec jon of the Court of Appeals, Uniortunately the jury misunderstood His Honor’s charge, aitnough he recited the three verdicts which they evuld le- gally render according to the view they might If they had a doubt avout the prisoner’s intention to kill, he suggested that they might render the miuor verdict o/ an assault with intent to uo bodily harm. ‘he Jury ren- dered a verdict of guilty of assault and battery. The Recorder called the attention of the jury to the extraordipary verdict tuey bad given, whieh led the foreman to explain tual they made amistake, As the verdict was recorded the error could uot be rectified, The Recorder sentenced Burke to the Penitentiary tor one year, John Kulder, who wus charged with obtaining pessession of # coat belonging to August Scepreimer by falsely representing to the wile of the latver that he Was sent jor if, was tried and acquitted, It came out on the trial that the com- lainant Wasa clerk in 4 policy shop and that uider had him arrested upon acharge of swin- dling tim out of $400, Mary Davia, @ colored girl, was also declared not guilty of stealing $10 on the 2lst of July trom ee Graver at a drinking saloon in Spring stree J Micaael Kiernan, a young man, pleaded guilty to burglary ip the tnird degree. He etlecied a burglarious entry into the store of Teresa Cal- lahau, No, 337 East Twenty-first strest, on the 17D Of last month, and was arrested by an oiticer ve- fore uny property was taken. ‘The sentence im- bosed-was one year’s imprisonment in the State Prison, ‘rhomas Ryan was tried and found guilty of stealing*a horse om the 17th of July, worth $125, Irom Eh Martin, by whom he wasemployed. The accused admitted selling the borse in the market, Dut claimed that the complainant owed him for services. Ryan was sent tothe State Prison for three years. Heury O’Brien pleaded guilty te grand larceny. On the 2d of July ne Went into the ofice of David Gilnur, No, 63 Nassau Street, anu inquired if a tall man Vad been there. Upon veiog wformed in the negative, be rushed out and Was urrested by an ofticer, having stolen Miteen pairs of gold specta- cier. The prisoner, who Was quite genteel look- ing, was sent to she State Prison for two years ana six months. Charies Heslin, John Crealey and Thomas Mc- Mauus pleaded guilty to burglariousiy entering the talioring establishment oi George McDonald, No, 66 Bleecker street, on the 22a of July, uod stealing a piece of cloth valued at $65. These prisoners were each sent to the State Prison for two years, Peter McCormick was tried and found guilty of acrime against nature, the details ol waich are unfit for publicaiton. he Recorder, in passing judgment. expressed regret that he coulda not sentence him to be hung. The prisoner, who said he had a wile and seven children, was sent to the State Prison for ten years. WASHINGTON PLACE POLICE COURT. Before Judge Bixby. THE CONFIDENCE GAME. Eugene Thayalan was arraignea at Washington Place Police Court yesterday on the complaint of several merchants whom he had succeeded tn de- frauding of various articles of merchandise. He presented, it 18 alleged, an order for an oll lamp valued at $10 to Joseph F. Ward, of No. 922 Broad- bet Y purporting to be signed by Mrs. Norton, ot No, 26 West Twenty-first street, on July 27, On the 19th of July ne obtained trom George E. Pas- coe, of No. $53 Sixth avenue, # droplight valued at $9, om unotuer fictitious order irom Mrs. Ely, ot No, 32 West Thirty-seventh street. From Mr. Charlies H. Whitheld, of No. 649 Sixtm avenue, on the same day, he procared, on & sim- ilar order, two spittoons jor parler use, worth $6. When the bills were sent they were repudiated by the persons to whom they were charged. The police were put og bis track, and Thayalan was ar- Treated by OfMicer Delan of the i'wenty-nint pice ou Wednes st. The prisouer was eld in $500 ball to answer un cack charge, A STHAMBOAT THIEF. OMcer Smith, of the Special Service squad, ar- rested Samuel Van Daser, on Wednesday after- noon, as he was entering one of the state rooms on board the steamer Providence. He was held by Judge Bixby in $1,000 ball for trial. ‘TWICE MARRIED, In the moath of July, 1867, Mr, Clark Jackson, asomewhat aged colored gentieman, enjoying a reputation for wealth, became enamored of a buxom colored nymph, named Jemima A. Tread- Well, and subsequently married ber, the ceremony being solemnizea by the . William H. Decker, of the Zion Methodist Episcopal church. For seven years @is eouple livea together in har- mony, until James H. Thompson, 4 young man of color, Was introduced to tne family circle. affections to her liege jora began to Wane, and in the fall of 1874 she fnaily repodiated Jackson and espoused the younger aud more fasci: ng Thompson, the ceremony being performed vy the Rev. Jonn P. B tor of the Calvary chapel, No, 155 Mr. Clark Jackson vainly sought to dious spouse, but sie was deaf prayers or remonstrauces. Ni ether, pi Worth stree , $e Went so far as to strip Mr. Jackson even of the Rousejiold furniture ana to transfer it to the bene- fit of herseif and ber new-fouad parmer. Find- ing that moral suasion was of no avail Jackson institused criminal proceedings, The resuit was that Mrs. Jemima Juckson, alias Thompson, was esterday jormally arraigned at the Washingtos jace Police Oourt om ‘harge oO! bigamy, and was formally examined and held jn $300 bail to answer, ESSEX MARKET POLICE COURT. Before Judge Smito. MET HER ON THR LOWERY. Karl Krutz, of No, 190 Henry street, om the 2th of July last, meta Woulam oamed Amelia Schwartz in tne Bowery, and accompanies her to a room in Forsyth str which sue left im tem ‘minutes alter entering, and did not retura. Immediately Mr. Krutz missed # $10 bili vest pocket, Amelia w night by Officer Ettrick, ot the Teata precinct, aud was held by Judge Smith yesterday 1m $1,000 ball to answer. A TILL-TAPPER, Aman named sonn Durgin was caught tn thi actof robbing the drawer of George W. Smaii’s store, No, 378% Bowery, Wednesday evening, a A few days alverward | Aitached to the drawer by a patented process Was a bell which sounded an alarm and attracted Jowep& Duna, who was tn the back part of the store, He rao out, cangnt the li-tapper und Uauded him over to Ofteer Dose of tne teenth precinct, He was ueld in $40) PICKPOCKET CAUGHT. While Mrs, Henrietta Lenkin, of No. 202 South et, Was standing in front of a store in Grand med Herman Karl sundeniy her pocketoook containing $7 Daniei Murphy, ef No, 267 Grand 8: puraued the thief, whom he overtook and gave tim iuto the custody of Onicer Re oft th precinct, Judge Suite yes jay held the prisoner in $1,000 Lull to answer, STRALING AN OVERCOAT. snate| rao of, Reuben Reuvenstein, of No, 242 Rivington street, preferred a charge of grana larceny against Lt alieged, was i: rd, a Obaries Stamford, Stamfo in to gui. COURT CALENDARS—THIS DAY, Suragme CoURT—CHAMBRAS—Held by Judge , 108, 140, 1468, Lvl, 191, 10a Noriow.= Sup! jourt, Chambers, will open at Wai -past nine o'clock Ou Friday, August 6 Oal- endar will ve called at eleven o’ciuck A.M, By TBROUK, Judge. orget at on GaNtnaL dushtone ein oy hnkele msduetwotoe vacnle va. Weary He@mas Gas apswered, admitting the grant of tne letters to Carpenter, but denying ail Knowledge as to tho truth of the allegations that Carpenter bad at any time assigned iis interest to the m plat or to any one or more of them, and therefore ue- nying that the complataants vad any iaterest im the sald letcers patent or to the “reissue” of the same, as set jorth in the bil of complaint The answer further averred that Carpenter was not the ortginal inventor of the tre: molo attachment, bat that it was knowm and was In use b e hig alleged invention was | made. Still farth the answer denied that the | complainants under the reissue, 3,063, were | On trial, and noteven when the flual dec | lar. r defendants had infringed upon the rights anit privileges granted by tue patent dated June 27, 1865, ‘‘or by any Of the reissues of the saine.”’ To this ‘answer a general repiicution was put in and the parties went to trial, woen the complainants gave in evidence, without objection, reissued let. ters patent No. 4,665, dated October 5, 1369, which Rad been’ granted on ine surrender of the first reissue, No. 3.444. This second re+ issue Was not set out im the bill, | but it Is plain both parties supposed it was through all the progress of the trial. Ad we have noticed, the answer denied iuiringe- Ment, not of toe single reissue meutioned in tne bill, butof any o! the reissues. No other than WO. 3,665 Was put in evidence. The decretai order toaccount expressly mentioned it. ‘The eviaenca | taken by the master under the order of relerenea related solely to attacuments sold by the defend- ants after the second reissue Was granted. in the exceptions taken by them to the Master's report Do imtimation was made that the rigats of ne o e Waa made was it sugested that the parties bad been trying the cave on an issue not made by the plead- ings. Practically, indeed, the rights of the com- piainants under the second reissue, and the ae fendants’ infringement tuereol were in tssve un- der the answer and the replication. We think, therefore, the order of the Court, directing tna’ the record-be amended by inserting in tue vill ag averment of tue second reissue, Was properly made under the circumstances of the case, tuough made after tue final decree. It deprived the defendants of no rights which they had not enjoyed during all the progress of the triul. I may well be (enominated only an ameudment otf Jorm, because it latroduced no other cause of uc- tion than that which had been tried, Itis trug that an amendment which changes the char acter of the bill oughs not generally co be lowed alter a case has been set ior hearing, and sill less alter it hag been heard. ‘The reason is that the answer may become psalystrtre if sucM an amendment v¢ permitted. utin this cage the delendants were not prejudiced. They had every advantage they could Dave had, if the Dill had originally averred the second reissue, The Cuse is undoubtedy anomalous, but we think justice would not be subserved by denying to the Circuit Court tue power to order such an amend- ment a3 was made, alter the cause Wa, tried precisely as tt must have beem tried if th bill had origimally contained the avermeng in- sertea by the amendment. On the meriis the de~ cree becree below im favor of the complainants ig affirmed, the Court sanctioning the rule adopted that neral expenses of the Whole business 1a vo be taken into consigeration wwen estimating the @eductions to be made from the price ob- tained in the sale of organs with the attachment, CONFISCATION—LIFE ESTATE OBTAINED BE FRAUD—A REMINISCENCE OF THE WAR. No. 129. Peter Monger, appellant, vs. Taomas Shirley—Aappeal from the Circuit Court for the Eastern District of Tennessee.—Mr. Justice Swayne delivered tne opinion of the Court, Shir ley was the complainant in the Court below. His bill alleges that Monger instituted proceedings against bim by attachment in the Oircult Court of Hamiiten county, Tennessee, upon promissory note purperting to be executed by Shirley to John Westmoreland, tie sum of $10,000, dated December 15, 1863, payabie three montis from date, aud indorsed by the payee to Monger; that a juaginent was rendered against ‘Shirley by default; that u large and valuable farm, belonging to him, was sold under the judgment, and bougtt by Monger; that Shirley Was tuen ab- sent irom ‘Tennessee and was ignorant of the proceediigs; that the note and indorse- ment were forgeries, and that the whole proceeding culminating im the sale of the | farm Was 4 gross [raud upon Suiriey, perpetrated . itis farther alleged that Monger, in he ceedings 1n coufiscation tn the District Court of the United States ior the District of East Tennessee, had [raudalently acquired a title ta the Ilie estate of Shirley in the Jarm, The prayer of the bill is that Monger’s tities may be annulied/ that he may be compelled to account for the rents and protits of the property aud Jor general reiet Monger answered and denied ail the material alle ations of the bul. ‘Testimony was takcon upom oth sides, The Court below sustained the billund decreed accordingly. Monger thereupon removed the case by appeal to thik court. ne power of & Court of Equity to annul juegments and decrees and all titles acquired Under them, for iraud, where the rights of bona jide purchasers bave noi intervened, is too wellsettied to require discus- sion. —Freeman on Judgments, sections 436, 489, 490, 491; 1 Story’s Equity, section 252. The facts alleged by Monger are as lollows:—shitley sym pathized wita the rebel cause, and eurly in the war removed to Georgia, within the insurgent limes. While he was there @ man claim to be Jonn W. Westmoreland came to Tennessee, passed through the lines of the Unien army, and offered to sell the note to Monger for its face in Coniederate paper, which Was then and there worth ten ceats om the dol- Monger bought the note under due ma i lor it accordingly. The deposition of David West- moreland was taken tn December, 1868. He testi- hat about taree montas before that time @ man claiming to be John W. Westmoreland cat to bis house and said that the object o! alt was to ascertain whether they were related. La men sioned that he hac sold the note of Sniriey to Monger. The witness had never seen kim before and never saw him atterward. The note disappeared from the flies of tne court and could not be found. There is nu proéf of aay convider- ation for giving the note, and none oi its execu- tion, as to time, place or circumstance. The testimony of Joun W. Westmoreland was bot taken, und there is no proof that a person of that name was or had been in existence, except the testimony of the David Westmoreland pefore Mentioned and his furtuer testimony that be haa # brother so named who lived and died in Missourt before the war. According to Moagger, the selier of the note came secretly and departed secretiy. ‘There is no proof that at that time he saw an one but Monger. There ts no trace of hia re: dence or presence any where, before or afterward, ‘The deposition o( David Westmorciand in nowise identi the s:ranger who calied on him ag the erson be ussumed fo be, fhe testimony uja- Fious to Mog That person. whoever he was, Was living in the fail of 1368, While this sult Wad pend and more thau four years after tho alleged transfer of the note to Monger. he Willing to give Monger the benefit of ris deciarations to David Westmoreland for whatever they Were worth. His diseppearance aud subse- quent non-appearanee can only be accounted for @n the ground tbat he was airatd to put himsel) within the reacn of the law y appeariag as a Wit ness. On these facts ana otuer evidence the noid ia held to be & fork br jo, tor Shirley, and subject wo all his equities, THE RESIGNATION OF MR. PURDY. United States District Attorvey Bliss started on his annual Vacation yesterday, with tne inten- tion of being absent several weeks. Belore leaving nt the following reply to Assis'aus District Attorney Purdy’s letter of resignation := Urvice ov tax Disraior ArtouNey or Tux UxiteD States FOR TuR SOUTHERN DistuCT oF NeW LORE, New Yore, August 4, 1876, AH. Powpy, bag. = v EAR SIR—i have received with great personal oe resignation uf the position you have sol eld as Assistant Distrlot Attoruey. For ueatly thr years vei ®@uce and abtity, and have had ti your #: ed tO hh aid) during = th mainder of my Ge tei T oaatiot, however, ask you to 1, for 1 appree! t liberty, While wWraing to ad jaw to engage of criminal f he appommnent cry Your sucoeusor, whieh, however wing t0 my absen eanngt be made for some tino, Yours vary iruly. KORGK BLIBS, United States vi Aitol ~ ll ape gt has been ta Pa of tae cuunseiiors is