The New York Herald Newspaper, December 29, 1875, Page 11

‘f ‘ wealthy family, residing and occupying a high social . Shepherd, the paternal THE COURTS. An Insane Testator and a Crazy Guardian. Important Decision by Surro- gate Hutchings. Suit Against the Mutual’ Gas- light Company. FORFEITURE OF TWEED’S BAIL. Surrogate Hutchmgs yesterday rendered a decision m the matter of the guardianship of Kate W. Shep- herd, infant daughter of Samuel 0. Shepherd, formerly ‘ono of the most successful shipping merchants tn this city. In nis decision Surrogate Hutchings gives a full history of the case and the proceedings taken, of which the following is a synopsis:— This matter come before me for congideration on ‘two petitions—one of Mrs, Elizabeth T. Damarell, to Vacate an order made on the 2ist day of November, 1873, removing her as testamentary guardian and ap- pointing Mise Emily H. Walker guardian of the person of Kate W. Shepherd, an infant, and another of Miss Abby J. Walker, to remove Mrs, Damarell from the guardianship, to which position of conlidence she was appointed by the last will and testament of Samuel C. Shepters, the child’s father, ‘Tr. Shepherd was a member of a successful firm of shipping merebants in the city of New York, and re- sided on Thirty fifth street at the time of his death, which occurred from suicide in Beptember, 1878. He bad lost his wife in 1 five yoars before hie own death, She died shortly after gi ior birth to the infant the custody of whom is the matter now at issue. Mra. Damareli was employed as the monthly nurse of Mrs, Shepherd at the time of the birth of the child, and she remained in the house thereafter for the period of a Jew days from Mrs, Shepherd’s death, Some wecks ‘subsequently, on the recomthendation of Dr. F. N. Otis, the family physician, she was employed by Mr. Shepherd as housokeeper, and was entrusted with beth apps care of the infant, in which position she remained employed continuously until the latter part of 1872. Mr. Shepherd Married to Miss Kate ‘alker, the mother of his child, about the year 1858, wife was a member of a very intelligent and Position in the city of Boston. Subsequent to the death of his wife Mr. Shepherd became subject to periods of great mental depression and melancholy. The despond- ‘eney. which overcame him at these periods was so deep that he hata ai that he expected to die in an tnusane asylum; that his Orm had sustained great losses, and that ruin was impending, when in fact they wero $m the midst of great prosperity, and under such belief he even curtailed bis household ex- | elit to an almost absurd extent Mr. Shep- erd’s will was” subsequently offered for pro- bate. No one appeared to ‘contest the justness Of its provisions, or perbaps the validity of the instru- ment, and especially of the clause appointing Mrs. Da- Marell the testamentary guardian of the child, might have been contested in limine, on the ground ol his ‘own insanity, and a decision ‘had thereon. Mrs. Damarell then being confessedly inganc, and the ehild being left without any one to take legal charge of her person and property, a petition was filed by Mrs. ‘grandmother, asking for the appointment as guardian of Mr. Ward, Mr. Shepherd's Inte partner; aud another was fied by Mr. Edward J. Walker, asking for the appointment of Miss Emily H. Walker, a maternal aunt. The two peti- tions were covsidered in the one proceeding, and by consent Miss Emily H. Walker was ap- pointed to the guardianship, with the entire approval, 80 tar ag known, of all the relatives of the child. Mrs. Damarell, although the testamentary guardian, had no part in that Deccoading, nor was she cited on it, Which was undoubtedly an oversight, and was fatal to the order which I then made, so far as it purported to remove her from the position to which she had been appointed by the will, aud as the rights of Mrs. Damarell were not affected by the first pro- ceeding, by reason of her not being made a party thereto, the order then granted, £0 far as it purports to remove her, should be vacated, and a decree will there- fore be entered to that effect, The proceeding, therefore, now before mo, is upon ‘the application of Miss Abby J. Waiker to remove Mrs. amarell, as testamentary guardian, on the ground of incompetency, and for the appointment of Miss Emily HH. Walker, a maternal aunt, who now has custody of the child unde: the previous order appointing her to the guardianship. The word ‘‘incompetency,” as ap- lied to guardianship, is one, in my judgment, of broad ification and comprehensiveness, like the word ‘unsuitableness as applied to a trustee, In my opinion it bas relation, not merely to the mental condition and moral status of a testamentary guerdian, but that, in the interests of the child in respect of nurture, care, education and safety, the Court may take into consideration the ‘relative social and pecuniary oxition of the guardian to the infant, ‘averse to the separation iy gudement | te of a child, bereft of its parents, from its parents? relatives who aro fitted to take their place, and espe- cially from one who, through tics of sisterly affection to the mother, clings to a child with as much affection as though she were her own, and, still further, where there is reasonable ground to believe that there is in- competency on the part of the person named as guardian in the will. Suppose Mr. Shepherd, a man of wealth and high social position, had, in making his will in 1870 (when I am satisfied from the evidence he was jn a disordered mental condition), selected au in ferior domestic in his house as the guardian of his | child, would it not be within the province of the Court, considering the social status of the parents and of the families to which they belonged, the child being the inheritress of wealth, to remove such person from the guardianship, and to vest it in others of undoubted “competency”? or fitness? To my mind there would be no question in reference to its power, A_ letter written by Mr. Shepherd soon after the death of his wite to her ster, Miss Abby Walker, shows that ho regarded her ‘as the une, above all others, to whose care aud curture the child should be confided, though, two years after, he executed a will, in whieh he appointed as testa- mentary guardian Mrs. Damarell, a stranger to the Diood of himself and wife, and whose social position and education were below that of the child’s parents. In view of his previously expressed feclings in reference to Miss Walker, exhibited his sudden change of sentiment the appointment of Mrs. -Damarell is ribed to the fact of an insane condition. , it is evident tomy mind that oth the testator and the testamentary guardian were insane. Io refer- ence to the insanity of Mrs. Damareli there is, in my opinion, no doubt, Between the fall of 1871 and the period of Mr, Shepherd’s death she had two distinct attacks. She recovered from the first and remained in an apparently normal condition for about six months when she had a relapse, from which she had not recov+ ered at the time of Mr. Shepherd’s death; nor did her friends deem her in a condition to upply for a recogni- tion of her rights as testamentary guardian until more than a year after his death. [Before this aflliction | overcame her, the evidence shows that she was calm | and self-possessed; that afterward she lost control of her nervous system, and was depressed, and ex- hibited symptoms of mingled melancholia, hypochon- | dria and hysteria, The question, therefore which is presented to me at this time is whether Mrs. Damarell, though at present apparently recovered, is in such con- dition as to justify me in deciding that it would be safo to intrust her with the guardianship of the person of the jnfant, she having been, within a short period, twice a subject of insanity. Mrs, Damarell has appeared in court during these Proceedings, and she is apparently sane, She has tes- tified in the case as a witness, and exhibits now, I am frank to say, all the evidences of recovery; but it's not conclusive to me, a layman, of her absolute recovery. Certainly Mrs, Bamarell, at the time of the death of Mr. Shepherd, was not, and had not been tor over er previous, nor was she for months afterward, reason of her insanity, a proper person to have fe custody of the child. The evidence which has een given of her incompetency, during that period, 1s not disputed. It is impoxstble to predict what may be tho ultimate condition of a person who has been afficted with a mental aberration. In view of this " culmination of insanity in this very household, without recurring to the tlustrations in medical litera- ture, it appears to me that I would be taking a responsi- Dility which no court would be justified in doing, were 1.to give thig child 4o the care of a testamentary guar- dian who has been twice insane and confessedly incom- petent for a long period to assume a trust which was given to by the will of Mr. Shepherd; and in this pect of the case | cannot assume it 8 another consideration which has some ‘Weight with me in the disposition of this case, Two considerations as affecting her present themselves to my mind, One is, that her comfort, happiness, culture and education are rgasonably assured, unde: circumstances and surroundings, in the ca aunt, the present guardian; the ‘other want of Buch assurance, even witb the best of intentions, m view of disparity of social position and education be- tween Mrs, Damarell and the family of the child, The aunt isa lady of wealth, education and refinement, occupying & superior position in New York and Boston ere be child, who is the principal object of her affection, ‘as reprosenting ‘a deceased sister, between whom and herself great affection existed, 18 now about eight years of age, and has been two years under her guardian undoubtedly, regards her with would entertain for her mother Mrs, Pamarell, on the contrary, is a lady in yery moderate circumstances. She has no income, and her testimony shows that sho bas had limited facilities obtaining education, not havin tended school nce she was twelve years of age. wi! jhe is no con- nection by blood with the child proposed to be placed %n her care. lam asked, under the forms of law, to separate the hid from its natural guardian; to remove her from associations whith she is entitied to continue from the condition of her birth; to deprive her of the opportuni- ties of education and of her proper placo in society, which are now reasonably assured, and virtually to place her in a lower station im life, with associations ‘Which cannot be congenial, and to deprive her of that ee psd to which she has been accustomed during the oO Lied It would be a most serious act for me to perform, It ‘would be littie less than judicial cruelty, which a court, in my opinion, would not Ln gene in doing But, in the matter at jot governed by those deciding matter at iesue, I am ni phi ak “4 ne, t collaterally, statute, onpectally taking the word ‘‘incompetengy”’ nuw YORK HERALD, WEDNESDAY, DECEMBER 29, 1875--TRIPLE SHEET: Jn tte broad signification of aod ing It to the condition Pp yee | ‘the possibility even of a recurrence of her mental dis- Speen and a commen upom the destiny of the ehid, that the Hication of Miss Abby J. Walker for the removal of Mrs. Damarell as testamentary guardian should be granted, anc a decree to that e! am fo entered, and leave the appointment ol H. Walker a# guardian of the child, bereto- fore entered, with the bonds given thereunder, to re- main ip full force and effect, A DISPUTE ABOUT GAS STOCK. Cornelius A. Bunner claims that he was one of the original incorporators of the Mutual Gaslight Company and one of the hard workers to procure its incorpora- t.on in 1866. Ho has brought suit against the company, alleging that shortly after the incorporation (without giving the date) the Board of Directors passed a resolu- tion awarding $200,000 in stock, to be distributed as the Executive Committee should direct, for services. Under this resolution, he says, the Executive Commit- tee distributed $60,000 in shares in stock among the directors equally, and $100,000 in stock to five of the Executive Committee. Bunner claims that he was both one of the directors under the first resolution and one of the Executive Committee under the second; and he admits the receipt, when such shares were awarded, of 200 shares under the second resolution, and claims that sixty shares were put to bis credit under the first. He has sold the 200 shares and now sues for the ‘other sixty shares, Not being an acknowledged stockholder, he has no access to the books, except through the interposition of the courts, and he, there- fore, apphed to Judge Donohue, in Supreme’ Court, Chambers, yesterday, for the purpose of framing his complaint, that the company may be compelled either to deposit in court or give free access to the books and minutes of the directors and of the Executive Commit- tee and the stock ledger. The defendants deny plaintiff right to any more stock than he bas received, and claim that his alldavit is 80 indefinite as to Lime that they ought not to be com- pelled to exhibit their books to a and that the state. mehts of counsel to them are so definite that plantift certainly cannot need the books of the company to form ‘his complaint. Judge Donohue, after hearing the argument, took the papers, reserving his decision. TWEED'S BAIL. It will be remembered that a motion was made some time ago before Judge Donohue for a forfeiture of the dail of William M. Tweed on the several indictments pending against bim, The final ajudication of the mat- ter was adjourned from time to time, and an early de- cision was not expected. Judge Donohue yesterday, however, granted the District Attorney's motion to de- clare forfeited the recognizances of the bail for Tweed on the seven indictments for felony. Tho Judge says he cannot see any authority fora judge of a criminal ceurt refusing such an application. District Attorney Phelps and Mr. Field arranged to submit to Judge Donohue, in Oyer and Terminer, on the 30th of Decem- ber, their respective papers, so as to have all the points in, with the view of proparing a case for review by the General Term of the Supreme Court, Thus the matter stands for the present. DECISIONS. SUPREME COURT—CHAMBERS, By Judge Donohue. Weise va, Weise.—I am not satisfied with the proofs, North River Savings Bank vs. Delameter; Macy vs, Strobel, —Granted. Crooks vs. Otard.—Three motions granted. Shultz vs. Nickerson,—Denied. Briggs va. Fox.—Motton denied, with costs. By Judge Westbrook. Citizens’ insurance Company vs. Harris et al.—Mo- tion denied, without costs, Memorandum, SUPREME COURT-—CmRCUIT—PaRT 2. By Judge Loew. Abernethy et al. vs. Franklin.~ Case settled. SUPREME COURT—SPECIAL TERM, By Judge Van Brant, Purdy ve. Schlessinger et al, and Heilburn vs, Racoy et al,—Findings settled. Casserly, &¢., vi Manners et al.—Case and findings settled. By Judge Donobue. Gauthier, va, Douglas Manufacturing Company.— Judgment for plaintifl. Opision. SUPERIOR COURT—SPECIAL TERM, By Judge Sedgwick. Birney ys. LeCount.—Ihe answer seems to have been interpgsed in good faith, Motion denied, with $10 costs to defendant to abide event, Madison avenue Baptist church vs. Baptist church in Oliver street, —See memorandum for counsel. DuBois vs. Miller.—De(ault opened on condition that defendant pay $5 costs of motion, that judgment stand as security that defendant give bond with one surety in $300 to pay judgment that may be recovered, that issues be referred, &c, Clegg v8. Hamel et al.—Undertaking approved. Mierson vs. Hart.—I think the caso should be placed for trial-on the jury calendar. a Gleggner vs. Berlin.—Motion granted. Seaman vs. Reynolds et al.; McParlan vs. McPar- lan.—See memoranda for counsel. Star Fire Insurance Company va. Palmer et al— Motion granted, with $10 costs to abide event, COMMON PLEAS—-SPECIAL TERM. By Judge Robinson. The Security Bank of the City of New York vs. tho National Bank of the Republic.—Case and amendments settled. SUMMARY OF LAW CASES. Ex-Recorder Smith moved before Judge Donohue yesterday, in Supreme Court, Chambers, on habeas corpus, to discharge on bail William J, Ree, held tor bond forgery. The answer was that the prosecution were ready to try him any day. Decision reserved. The extraordinary case of Jobn O'Gorman vs. Henry Klamak, on trial for the second time before Judge Larremore, in the Common Pleas Court, was given to the jury last night and a sealed verdict will be given this morning. Plaintiff claims that he leased his house to the defendant in part for his support, and that while plied with liquor by Klamak, and in deliriam tremens, he signed a deed giving his house to Klamak, The point is whether plaintiff was nop compos mentis when signing the deed. ‘A decision of considerable interest was made yester- day vy Judge Sedgewick of the Superior Court, in the case of Joseph E, Glogener vs. Jacob Berlin, Plaintiff sued for $6,354, being the unpaid balance of $8,000 which he lefton deposit with defendant and also $801 commission for sales of certain goods. The defendant admits receiving the money and that plaintiff was en- titled to commissions, but sets up for a defence that he is an importer of straw goods and that plaintiff was em- ployed by him to visit Europe and obtain consignments of straw goods to him; that Berlin did not obtain as large an amount of consignments as he promised, and by reason of which defendant lost at least $5,000; that plaintiff neglected his business and made representations to several merchants that defendant was retiring from business, whereby said consignors withdrew their patronage from him, which caused a loss of at least $10,000. The plaintiff demurred to the answer, and Jadge Sedgewick gave judgment for plaintiff on the demurrer, saying the matter domarred to was not available as a counter claim un- der section 150 of the Code, and does not arise out of the contract, Defendant, however, gets leave to amend on payment of costs. Mr. A. S. Sullivan ap- peared for the plaintiff, while Mr, Vanderpoel was the representative of the defendant. Feodore Mierson, proprietor of the New York Journal, sued Henry Hart for $12,000 on three notes, two for $5,000 each and one for $2,000, which, as the plaintiff alleg were made to him by the de- fendant. It is cl dj, on the other hand, that the laintif’ and defendant were jointly interested In the New York Journal, and that they were anxious to obtain the Corporation advertising. The defendant avers that he entered into negotiations with certain city officials, and finally succeeded im obtaining the city contract, He claims, further, that he was obliged to spend a considerable amount of money to secure the desired patronage, and that plaintiff asked bim to give him some memorandum as a voucher for the money 80 expended, whereupon tho notes in question were drawn up by the plaintiff and signed by the defendant Defendant further says that he cannot easily read written paper and he relied on the plaintiff's representation bad these papers were receipts. Hart sets up a counter claim of fifteen percent on the advertising pald an compensation for his services, per contract. The dase will be tried carly next month, The bill of particulare given in Hart's answer shows that money paid to obtain the advertising was given to Watson and Sweeny. In 1871 he paid Watson $12,000, in sums of $2,000, and $2,000 to Sweeny. His own percentago alleged to be due on the advertisements obtained amounts to about $25,000 at fifteen per cent, WASHINGTON PLACE POLICE COURT, Before Judge Kilbreth, SUPPOSED LARCENY OF BILLIARD BALLS. Officer McGowan, of the Fifteenth precinct, found John Woods, an intoxicated and seedy-looking indi- vidual, on Monday evening attempting to sell four ivory billiard balls to the pedestrians on Broadway. At Court yesterday Woods said he found the balls in a cellar at 110th street and Third avenue, The prisoner was committed for further evidence, A SUICIDE’S EFFECTS, James Cornell, formerly employed by Mrs, Sarah H. Ford, at No, 23 Waverley place, was accused of stealing four shirts, The prisoner stated that in August last Constantine Groetche] was a boarder in the house and one evening sald to him, ‘Jim, I am going to commit suicide to-night and you can have my clothing and effects.”’ He paid no attention to his words, but next morning Groetchel was found dead in his room from taking poison, Later he remembered the dead man’s words and took his shirts and watch and cobain. Mrs. Ford objected to this way of fulfilling a will and bad Cornell arrested for stealing four shirts, sho believing that all the property of the dead man should go to his heirs, The prisoner was hold in $300 bail to answer at Special Sessions, THE EXCISE LAW. ‘Thero were ten cases of violation of the Excise law brought before the Court, In one case, John McGinnis, of No, 446 Tenth avenue, resisted arrest and struck Offcer Fitapatrick, of the Twentieth precinct sever of his ‘cee Meateets was eld te 9100 Britten of the Excise law and in $500 for assaulting the officer. STEALING A SHAWL. Delia Davis, ot No. 306 West Thirty-ninth street, was held to answer for stealing @ shawl valued, at $100, from Mrs. Mary Plunkett, of No. 45 East Forty-second street. Tho prisoner admitted having stolen and pawned the shawl, ESSEX MARKET POLICE COURT. Before Judge Otterbourg. KEEPING A DISORDERLY HOUSE. Alois Wandling, of No. 81 Rivington street, was held in $1,000 bail to answer for keeping a disorderly house. bw complainant was Officer Mullen, of the Tenth pre- cinct, TRE LOTTERY LAW. Hiram Woutz was held in $1,000 bail for keeping a policy shop at No, 121 Cherry street, The complainant was Kate Cleary, of No, 3 Catharine shp, who bought a ticket and did not receive a prize, John MePaul, of No. 25 Bayard street, was held in $1,000-for trial’for stealing thirty yards of waterproof cloth, valued at $30 50, from Alexander Fields’ store, No. 249 Grand street, avid E, Magshal n employé, witnessed the thett and caused the arr f the pris- oner, POLICE COURT NOTES. At the Tombs Police Court yesterday, before Justice Flammer, Edward Fay, of No. 8 Spring street, was held to answer for keeping a lottery policy office, At the same Court yesterday Lewis Keesley was held to answer for stealing a piece of meat, valued at thirty cents, from the store “of Jacob Sparry, No. 502 Pearl street. ‘The prisoner said that hunger -drove him to commit the act. The following judgments were yesterday filed in the County Clerk’s olfice against the tim of Duncan, Sher- man & Co. :—Thompson Dean, $40,942 72; Fourth Na- tional Bank, $60,607 13; Stephen P. Cox and John He Sedgwick, $8,859 65; Chatham National Bank of New York, $16,217 91; Smith Owen, $10,274 32. Notices of forectosure for the terday filed in the County Clerk’s of: ia Mr, August Belmont against property of Thomas J. Creamer, eit- viated at 106th and 107th streets, between Third’ and Lexington avenues, COURT CALENDARS—THIS DAY. Supreme Court—Cuammers—Held by Judge Brady.— Nos, , 49, 67, 82, 85, 86, 141, 162, 163, 169, 178, 180, 185, 197, 215, 222,226) 220, 231, 235; 238, 239' 240) AL, 242) 243) 244. 247, 249, 254, 291, 276, 282, 283, 286, 302, 304, 307, 310, 311,812. Scrsnion Court—SpxciaL Tenm—Held by Judge Sedg- wick.—Nos.44, 14, 27, A SCHOOL PRINCIPAL DISGRACED. FOUR THOUSAND SIX HUNDRED DOLLARS DAM- AGES AWARDED FOR THE SEDUCTION OF AN ASSISTANT SCHOOL TEACHER, Freminoton, N. J., Dec, 28, 1875. At the regular term of the Hunterdon County Circuit Court, just closed in this town, Joseph R, Wert, of Lambertville, was awarded damages amounting to $4,600 for the seduction of his daughter Julia by a schoolmaster named Leman K. Strouse. Mr, Strouso was the principal of a public school at Lambertville and Miss Wert was employed as an assistant teacher under him, Through this means an {u- timacy between them sprang up, which resulted in the disgrace of the young lady. Her testimony was of the most ‘dainaging character, and iftroe it places Strouse in a very unenviable position, The alleged seducer was a married man at the time. The fact of the seduction was not denied by the defence, but on effort was made to impeach the character of Miss Wert. She is twenty-two years of age. turned a verdict for the amount above stated, _ THE INDECENT ASSAULT CASE. Charles Hopewell, the young man who was con- victed of an indecent assault on a girl named Kate Fowler, but fourteen years of reported in the HERALD of Saturday last, was sentenced to six months imprisonment ia the County Jail and ordered to pay a Mine of $500 and the costs of the trial. THE PUBLIC SCHOOL QUESTION. IMPORTANT PROPOSITION OF A CATHOLIC CLERGYMAN IN JERSEY CITY, ‘The Rev. Patrick Hennessey, pastor of St. Patrick’s church, corner of Bramhall and Ocean avenues, Jersey City, has submitted to the Board of Education in that city @ proposition which involves one solution of the vexed school question. He proposes to place hie school, with an attendance of six hundred children, under the sole charge and jurisdiction of the Board. He will ask no rent for the schoolrooms, nor will, be make any charge for school desks and other apparatus, all ef which are already provided. The school rooms will be heated, swept ‘and kept in good order at his expense. He will furnish a principal and assistant male er, subject to the usual examiation by the Board, at an annual xalary of $800 and $500 respectively; and a principal female teacher, at a salary of $400; with female assistant, at a salary of $260, ali subject to the examination and rules of the Board, No religious instruction shall be given Yn the schools except the reading of the Bible in the morning, and the recitation of the Lord’s Prayer. The Board may provide the books now in use in the public schools out of the public appropriation, or, if he be permitted to retain the books now in use, he will furnish them at bis own ex- mse, Ifthe Soard appoint him head of the school e agrees to serve without pays, aud to be subject in all cases to the authority of the Superintendent and the Board of Education. He submits that his proposition, if accepted, will effect a large saving to the taxpayers, since under his plan tho expense of educating 600 children will be less than $400, while, Mf the children were placed in the public schools of the district their education would cost the city at least $15,000, not to mention the cost of addi- tional school room. He concludes ar remarking that such a plan would bea practical and legal settlement of avery diffientt question, would give satisfaction to a large class of citizens, and would commend itself to all fair-minded men. The proposition has been referred to @ special committee of the Board, consisting of the President (Mr. Lyon) and Messrs. Chapman, McGrath, Thomas and Jewell, who will report on it at the next ineeting of the Board. THE PROPOSED SCHOOL BILL, It is understood that a bill is now being prepared and will be submitted to the next Legislature, the object of which is to change the method of selecting trusteos and School Commissioners; in fact, to place the power of appointing them in the hands of the Mayor and Common Council. A republican member of the Board of Edugation who was interviewed yesterday expressed Mmself quite freely about it. He Said he had heard of the bill and that it was being pre- pared by democratic members, He was totally averse to it on the ground th:t if the proposed change was made the Board would be exclusively democratic and partisan. In his opinion the present Board is thor- oughly non-partisan and composed of intelligent men, Should the bill be passed it would be in the interest of radical democrats, and he feared for the result. BRUTAL CAR CONDUCTORS, Instances of brutality on the part of some of the con. ductors of street railway cars are becoming more {re- quent. Acorrespondent writes that on Friday last his wife was @ passenger on a Third avenue car going up- town, when an Irishman, evidently a laborer and under the influence of liquor, was allowed to enter the vehi- cle, The conductor took the fare from him and allowed him to ride a short distance; but the Irishman was un_ able to sit up properly and the conductor became an- ry. He roughly seized his victim and pushed him ym the car. The poor man fell heavily on bis back and the brutal conductor left him lying on the street, A short time ago an intoxicated German got on a Third avenue car in Harlem and was similarly handled. Another nger expostulated with the conductor and asked him why he did not call a policeman to take the man out. The conductor answered that if he bad done so it would have cost him his pay for the next day, for he would have to appear at the Police Court inst the man, and it was better to “pitch him off.” The passenger said, “Suppose that you had killed him.” 7 rata conductor anawered, ‘I don’t care a damn.” THE HIRSCH REVENUE FRAUDS. Yesterday afternoon the appraisers, who have been ‘engagod for several days in estimating the value of the seized baggage of Mr. Hirsch, of Philadelphia, closed their labors and made their report to Deputy Collector Phelps, It is as follows:—The value of $3,060 18 is Placed on the goods intended to havo been smuggled, is is set down as count of un the New Je 4 Jersey City. The United States government will be represented by United States Diatrict Attorney Keasley, who will press for a conviction for perjury, in conceal- ing smuggling and attempting to bribe revenue officers, he Hirsch matter ts looked upon as a test case, THE CUNNINGHAM STABBING CASE. Alice Cunningham, the woman who was stabbed by her jover, Patrick Shanal t Bayonne, N, J., has £9 far recovered that she to appear against him, on she ves St. Fra Hospital, in Jersey City, ‘she will be taken into custody by the police and be either released on bail or held as a witness, SENATOR PRINCE'S CURATE. Dering the absence of Senator L, Bradford Prince at Albany the services at the Queens Episcopal chapel, Long Island, will be conducted by Mr, John BH. Van Nostrand ag lay reader, The chi is beautifully deo- orated for the holidays, and the day school, under the superintendency oe Mr. George Van Nostrand, had its Chnistmas celebration last evening, The jury after an absence of two hours re- | ESQUIMAU JOE. The Man Who Saved Captain Ty- son’s Party on the Iee. A TALE OF HEROISM NEVER SURPASSED. Paid with Ingratitudoe and Neglect. ONLY AN ESQUIMAU. How Joe Was Forgotten by the Men Whose Lives He Saved. When Captain Allen Young decided to undertako an Arctic voyage one of the first men he engaged to go along with him was “Epiopee,” or Joseph Erberburg, better known to the world as “Esquimau Joe.” Joe arrived in due time, and shipped in the Pandora as able seaman, hunter and interpreter; but his accom- plishments in the latter capacity proved to be some- what limited, for, although he ig to all appearances a master of the squimau tongue and spenks its various dialects more or less fluently, he knows scarcely any English, This impairs his usefulness as in- terpreter somewbat, as it is almost ag hard to understand his interpretation as itis the original expression in the mouth of a wild Esquiman. On the outward voyage I was rash enough to undertake to Jearn the Esquiman language with Joe for ateacher—an enterprise which I may as well confess Tesulted {n an ignominious failure, It proved to be the most heartbreaking work Iever undertook, partly be- cause the structure of tho langnage is so atterly differ. ent from that of any other, and I had been unable to obtain a copy of either of the threo or four grammars that have been written on it, but principally becauso Joe’s vocabulary is very limited and meagre, and bis ideas of the meaning and uses of the English verb aro of the most vague and indefinite description, But if I did not learn much of the Esquimau language I learned @ good deal about Joe himself; he proved to be by far the more interesting study of the two; FOR JOE 13 A CHARACTER, and one of the most interesting and curious I ever met. It took me some time to discover that there was any more in him than appears at first sight, for heis naturally of a retiring, modest disposition, which with the fact that he speaks little English and knows that he is liable to be misunderstood and even laughed at, makes him reticent and reserved. There is, besides, @ quiet dignity and gravity about him which effectually repels anything like idle curiosity, and resents being rogarded in the light ofa mere show, which people are only too apt to behold in a poor Esquiman. It was only during along series of exasperating lessons in his native tongue, which usually ended in a talk about Captain Hall and the Polaris expedition, that I, at last, won his confidence and began to perceive that thera was more in him than at first sight appeared. The first thing Joo did when he came to London, al- thongh he had absolutely no clothes except what he wore on his back, was to buy an umbrella, in which in- vestment he spent, I think, his last penny, It is true that in the climate of London an umbrella is not the least useful thing one could have; but I do not think Joe was moved by any considerations of weather or fear of rain in making this acquisition. Iam inclined to the opinion that he did it because ho looks upon an umbrella as the highest expression of civilization, and as such a right and proper thing for every man to have. For Joe professes a great admiration for civil- jadtion and everything pertaining thereto. He would walk about the streets of London with the umbrella in his hand viewing everything with an admiring though eritical eye, and a grave, complacent air that was very pleasant to behold. “London big place,” he wou'd say; “pretty good noise; plenty buggy; hansom go fast; two wheels; hurt him head; not him speak pretty good; streets stony; pretty crooked; not Gnd him right road; hotel; not pretty lazy; plenty men want speak mo; not know him.” By which I understood him to say that “London is a very large and plentiful city; but the noise, however, is deafening and terrible, owing to those strange looking vehicles, tho hansom cabs, of which there are an imfinite number, and that, mounted on two wheels, go dash- ing over the stone-paved streets with such velocity that the uproar actually hurts your‘ head, and at times prevents your hearing yourself speak. ‘The streets, too, are very intricate and eomplicated, so much so that itis almost impossible to find one’s way about, and very difficult to find one’s hotel, Thero aro @ great many people who want to speak to me, but, as Isee they are prompted by mere curiosity, I repel their advances and decline to enter into any conversa- tion further than is absolutely required by the laws of politeness.’? He was not in very good health when in Londen just before starting. His face was thin and hollow, and he had a disagreeable cough, which was probably caused partly by the warmth of the summer, but principally, I am afraid, by an inordinate use of tobacco, of which he ig as great a smoker as General Grant. “By ’n by git him little seal meat; then all right,’’ he remarked in reference to this cough. And his predictions were quickly fulfilled, We had no sooner got among the ice and killed a seal than he began to grow fat, his cheeks to puff out and his whole expression to change. ‘Whether it was the seal meat or the cold, bracing, icy air and healthy active hfe, or all theso things together, lam unable to say. But certain it is that Joe was another man from that time forth, There was more expression in his face, more fire in his eyes than I could have thought possible when I first saw him, for to tell the truth, he looked anything but healthy when he arrived in London, and I heard more than ono person say he was not long for this world, There came, too, a curious deep bronze or coppery color in his cheeks which had not been there before and which T afterwards observed in the Esquimaux of Greenland, an indication of ragged health, I bad many a long talk with Joo during our voyage. It was pleasant, on a bright, sunny day, when the ship was gliding almost silently along over the smooth, still water, and slipping now and then noiselessly past some huge iceberg, as though afraid of bringing it down on her, to go forward and find Joe, and get him to talk about Captain Hall and the Polaris expedition. If it was his watch and there was nothing to dol would generally find him leaning against the rail, a boat, or something else that afforded a good rest, smoking his pipe and watching the sea, His face always wore a calm, jate, grave expression, which was, however, tempered by a gentle, good-natured look, which made it a very pleasant face to sec, in spite of its Mongolian type. “Joo,” I would gay, perhaps, ‘how would you like to stay ont here all winter?” “You know,” he would say, “long time stay all winter. Think better go home, Like see Hannah.’’ “You are lonesome without Hannah, are you?” I ask, ‘Yes, little, Never out hore without Hannah, Han- nah always come, too,” “You wouldn't like to winter, then, would yout” “Oh, yes, if Cap’n Young winter [ like winter too; but think better winter New York.” “All right, Joe, we will winter in New York if wo can, but tf we can’t L hope we'll have a good time here allthe same. You wintered a good many times with Captain Hall?” > ‘Yes, five, six, seven winters, Cap'n Hall.” “How did you like Captain Hall ?” “Like him very much, very much, Ho very good man—good to me, very good to me, No other friend like Cap'n Hall,”? Then, atter a pause, looking away out to sea :— “Dead now!’’ “So you think, Joe, if Captain Hall had lived ho would have gone very much further north ?”” “Yes, thi he do it—he want go furder—North Pole—you know—nobody on ship un’erstan’ Cap'n Hall yely well. He think—read good deal, Nobody know him pretty good. Vely good heart—gjve everything; go North Pole—want to go good deal—nobody un’er- ‘stan’ him’? “Joo, what was the reason you did not all go on to tho North Pole after Captain Hail died?” “No cap’n—no! cap’n, Cap'n Budding—he cap'n—Cap’n Tyson—he cap’n, Doctor—he cap'n too— Mr. Chester, cap’n—Mr, iyera, cap’n—me, cap’o— , ao cap’ No . ‘hy didn’t Captain Buddington go?” “Guess he got about eno not Want go no furder— be couldn’t. Don know. b: thong kind of bogs in Buddington Ly x “Vely good man, im vely muel jke Mra. Bud too—good frierl tq Han ie to see her—helb har—iall har what yo da”! T asked him one day about that unfortanate affair Captain Hall bad with the four sailors from aling ship, whom he employed to gq with him in ap attempt to reach King William’s Land. As is well known, these men mutinied and Hall shot one of them, “You heal (hear) about that, too?” he asked when I mentioned it to him, we I replied, “a little, mot much. How was “Want to take him boat—Cap’n Hall want boat heself—speak bim not take boat—men not mind—all 0 down, See boat—one man get in—Cap’n Hall shoot im," “What did the others do then”? “Run back house; get guns: shoot Captain Hall, No gun there (with a chuckle). I take him, hide him; no can’t find him gun,” “Then what did they do ?” “Everybody shake hands.” “What did they do that for 9” “Very good iriends, Do what Captain Hall,speak him. Say Captain Hall you good man; we wrong; not take him boat no more; all right.’ “What did they say to youf’? “Me all right, too; good friend; Hamnab all right; everybody all right; shake him hand.” “Did tho man who was shot die quick ?”? “Dic after while; pretty soon; same day.” “Did he say anything after he'was shot ?” “Tnever heal (hear) him gay nothing; pretty bad; plenty burt him; not can speak; think he not know civeli, everybody very worry; die after while; bury mn. Tasked him once if they had seen any Esquimaux on King William’s Land? He said they bad, and that they were at first disposed to be hostile. “Men all come out meet us. No women—no chil- dren, Bad sign, March like soldier, one after other— ton, fifteen—all carry spear, some’ knife tied stick, Don know where he learn him. Never see Esquimaux march that way.’? “What did they say?” “Say want to fight.” “What did you say then?” “We speak him—not want to ight—not come fight— come find white man lost—Frauklin.”” “What did they do then ?’” “Throw down #pear—hold up hands—say all right— eo not fight—frieuda Then women, children ail come ott see us, Speak go in house—give us plenty seal meat.’? To my questions about what the Esquimaux would | decry ly do with Franklin’s papers if they.found any, he said: — “Think. Give him children—play with him. After while tear him up—burn him,’? The most interesting talks I had with him were, how- ever, about the winter on the ice with Tyson’s party, He speaks very kindly of everybody i this party; but his feelings seem to be rather a compound of pity ana forgiveness than of frieudship; and the truth is that Joo had a good deal to pity as well as to forgive in their be- havior toward him. Thave just been reading over again the old aceounts of that wonderful winter on the ice as given in tl Heratp, by Captain Tyson aud his comrades and I must say that I could scarcely —— my indignation bstacee saw-that the name of Joe isnot even men- tioned. They tell us how, when they found there was no hope of reaching land, they built snow houses in which they lived all winter; how they hunted, how they suffered from the cold, how they shot seals and bears and birds, with which they eked out their store of ship's they provisions; how, when were once out of food of all kinds, they managed to kill @ great Ugjup seal; how another time, when they had not tasted anything for thirty-six hours, they killed a bear which wag sent in their way, and which supplied them food for a few days more, afd we molt with pity and admiration at the recital of such steady, undaunted courage and fortitude, Along time atterward it turns out that it was Joe who built them their snow houses; that it was Joe who hunted for. them througn the long, terrible winter; that it was Joe who killed so many seals—that, im fact, nobody else but Joe and Hans killed a single seal;'that it was he who killed the big Ugjup when they were on the poi of starvation; that it was Joo who killed the b without which they must have all died; that it was, in fact, Joe, and Joe alone, who saved the hves of the whole party. And yet there is nota word of Joe in ail these first accounts, He ts incidentaliy referred as one of the ‘“natives,’? and wo are left to infer that they, with their children, were dread- fully in the way, It ts true that a long time afterward, when the journals of some of these men were published—journals written at the time, when the danger was still before them and about them; when Joe was feeding them from day to day like chil’ dren, when he gave them every moment a fresh dis- play’of skill and hardinood, an example of cool courage anda simple devotion to duty—when the impulse was still warm on them they acknowledge their debt to Joe in words that overflow with gratitude, and leave an impress of sincerity and truth that is not to be mistaken. Herron says in his Journal, ‘Joo is very much to be praised, also his wife Hannah. Wo may thank them aud God for our hives, also for the good health we are in. We could nover bave got through this far without them. If we ever get out of this diffeulty they can never be too much paid.” Tyson also renders Joe a tardy kind of justice in pab- lishing bis journal, bat even here the passages referring to the Esquimaux are written in a carping tone. “Theso natives,” he says, “were employed as hunters for the expedition, aud paid for that pur, 3 am therefore, they were doing nothing more than thetr duty. But when the danger was ovor, when they were safe aboard a good strong ship and'there was ho more need of a seal hunter, they sapeee to have forgotten Joe, and in their accounts of their wonderful escape which they gave the world, they do not so much as mention bis name, These noble white men evidently did not think it worth while to speak of so poor a ercature as an Esquimau—a kind of niggor—who had saved their lives. It must not be supposed, however, that Joo himself looks upon them aa ungrateful. I sounded him on that point, but he said:—They all vely good men; like me good deal; meet him say ‘Joe, how you do; you save our life; come take a drink;’ give cigar sometimes, too.”” And heseems to think that they were very generous. “Did they ever try to go out and kill seals?” [ asked him. “Kill him seal? No, Never go ont house; try keep warm; @ friend go out; pretty cold; very weak; not know how kill him seal’’—(with a great deal of con- tempt)—‘‘nothing but starve,” It seems that they not be? never went out to look for seal for themseives, bat that when Joe would bring in one they would often take it and divide it up in their own way, giving him jost as much as they thought he ought to have, Hans used to object to this, and more than once threatened to run away and leave them to shift for themselves; but Joe, whom he obeyed in everything, made him stay. Hans, besides, had little success a8 a hunter, and fully nine-tenths of the seals brought in were killed by Joe. When Joe killed the big Ugjuk seal they took it into their heads that Joe was trying to do them out of the liver, because he told them it was not fit to cat, The liver of the Ugjuk seal, like that of the beaver, is poisonous, while of other seals it is a great delicacy. They therefore determined to eat the liver, Joe's account of it was very amusing. “After woile all sick—skin all come off face— look very bad. One man Ddlack nigger man freee was a negro in Tyson’s party) after while ittle skin came vff here—little there—then he spotted—by’m by skin all come off—then he white man—he—he—he—he—he!”’ and his sharp black eyes twinkled, his face expanded and his sides shook with half-suppressed laughter as the picture of the negro turning into @ white man by eating Ugjuk liver recurred to him. Tyson says, in his book, that Joe and Hans were afraid of being killed and eaten by the men, aud that ho himself suspected some of them of this design. When I asked Joo about this he only laughod— “Kill me! No danger kill me—not git any more seal— know better. Try kill me—take Hannah run away— build house— kill him plenty seal for me and Hannah and little Ponney—poor little Ponney—dead now,” and ho looked very sad. Littie Ponney died some time after their return to America, “Captain Tyson seemed to think they were going to eat you and Hans and the women and children,” I sa “Maybe Cap'n Tyson thinks 80; I not think so; I not afraid o? that; could'nt do it.’ “But Joe,” I said, “why didn’t you take Hannah and little Ponney and go away off on the ice some. where, build a house and catch seals for yourself. Three or four seals would have been enough for you all winter, You must have kiiled sixty or seventy ?”” “All die.” “Who all die?” “Cap'n Tyson and everybody.” “But they sometimes wouldn’t give you some of the seal vou had killed ?”” “No, that not 80; always give me little; sometimes not much; Hans, he not like that.”? “But why didn’t you ran away, Joo?” “Captain Hall not like that Say, Joe, you come with me; you kill him plenty seal for expedition; 1 come to hunt him seal, reimdeer, bear,” “Bat Captain Hall was dead.’” “Yes, dead now. Cap’n Halt good man—good man. If Cap’n Hall alive he not run away. I not run away neither. ”? Ttook his hand and shook it involuntarily, saying, however, “In your place I would have run away, Joe. * “What fortran away? Ifmen all die what f speak him Sec’ry Robeson when got home America? Bofore start See’ry Robeson he say, ‘Joo, you hunt hhim plonty 1; kill him plenty bear, reindeer.’ By'n-by I come back—men all dead. Sec’ry Robeson speak him; ho say, ‘Joe, you bad man; you no do right.’ Sec'ry Robe- son good man—vely man, Then I feel pretty bad; I no like that; no good,’? Tt will be seon that Joe has ver¥ good, old-fashioned {deaa on the subject of honesty and duty, even though he does not speak English with all the correctness and fluency which could be desired, I bave endeavored to give his own words as hearly as possiblo, because Joo’s talk $8 a part of himself, and once you get aecustomed toit there is a cortuin charm in his rugged interjec- tional English, Usually when @ savage comes within the influences of civilization he becomes degraded and depraved, and even unites in himself all the vices of a civilized and of a barbarous state with the virtues of neither, This has not been tho case with Joe He fare, to have dropped all his savage vices, if he ever bad any, and to have acquired only the virtues of civilization, thus solving In his own person a problem which usually takes three or four generations to work out. He had been with Hall for several years, and Hall, who was one of those rugged, honest, devout, sincere men—an old-fashioned believer in right and wrong—seoms to have inculcated bis Lig = yg into Joe. Joe appears to try, even now, to Nike ba if Hall,” and to al- ways doas he thinks Hall would have done I be- lieve it was jn trying to imitate him, in holding up Hall as a modo! for himself, that this poor, uneducated Esquimau learned how to become a hero—a hero, too, of the grand and noble type, There is not in the whole history of Arctio exploration—and it is full of acts of courage, of fortitude and endurance, of noble devotion and pte hoo that surpasses the heroism of this simple, unlearned Requ| I hee any to read the evidenee contained jn the Ly she pe rotary of the Navy, Captein Tyson’ and the i journals of the other men, without feelings glow of admiration for ‘the sturdy, uncom, tituae, the cheerful hopetulness ip the midat of when the lives of the whole party and of bis own wi and child depended on his unaided exertions alome; for the ool courage and steady hand, when he know that if he missed hia t the whole party, with bis wife and child, must perish; ior the quiet, unpretem- tieus, unconscious heroism displayed by Joe throu it, Day atter if the word “day” can be ia connection with for a great part of the tine wee total darkness, during the long cold winter, with the thermometer fifty degrees below zero, Jee went out to hunt, remaining fer hours in the darkness and driving snow atorme, waiting beside some hole in the ice for the appearance of aseal with a patiance that never tired, with a perseverance that no number of failures, that no series of disappointments, could discourage or weary. It will be seen by Tyson’s journal that scarcely a day passed without Joe going out to hunt. Storm and dark- ness and bitter cold mattered not to him. He would return nine times out of ten with nothing, perhaps; but he would go again, and again he would watch for hours, and even days, beside a seal hole, hoping and wishing with it “hope which maketh the heart sick,’? whet days of disappointment and failure seemed to not the slightest chance of success, until at labt his jence would be rewarded by the appearauce of the long ex- pected seal when they were on the very verge of star vation, Herron's journal is full of such entries as these:—“Wednesday, March 5, Joe’went out in the last blow; it seems he cannot stay in; he is a Arat rate fel- low; we would have been dead men long since had it not been for him.” 4 Nov. 6.—Joe caught a seal, which has been a God- send, We are having a feast to-night, (hree-fourtha, of a pound of food being our allowsnce. Nov. 21.—The natives caught two seals, Noy. 22—Joe caught one seal—auother good supper we bad. Deo. 20.—Joe found a crack yesterday and three seala, Too dark to shoot. Dec. 29.—Joe shot a seal, which is a Godsend, as we ead weak, We have had a good supper, thank” od. Jan, 26,—Joe caught a seal in a blow hole to-d: ‘This will get up our strength, as we barely live on couse, Fob, 20.—We must soon get a good lead of water ron- ning in shore, and so escape or kill seals, else our time $n this world will be short, Feb, 21.—Joe shot a seal, il 22—Mr. Myer is starving ; he cannot last long im this state. Chewed on a piece of skin this mornin, that was tanned and saved {or clothing. Joe feos | off on the ice the fourth time, and, after looking a good while from a piece of iceberg, saw a Lear coming slowly toward us, Ho ran back forhisgum, All of us lay down and remained perfectly still, Joe and Hans goimg out some distance to meet the bear. Getting behind & hummock, they waited for him. Along came Bru thinking hg was coming to a meal iustoad of furnishit one himself Clack, bang! went two ritles, and dow went Bruin to save astarving lotof men. The Lord be praised! This ig His heavenby work. Wo can- not catch a seal for the push ice, and we are on bad sealing ground. He, therefore, sends a bear along where bears are seldom seen, and we certainly never expocted to find one, The poor bear wax hungry himself; there was nothing in his stomach. Joe, poor’ fellow, was ooking vory much down on our account Everything looks bright again now. ‘3 March 2, Captain Tyson writes:—‘Joe has shot a monster vogiook—a large kind of seal—tho largest I have ever seen. It took all hands to drag him to the buts. Peter fairly danced and sung for joy. No one whe has not been in a similar position to ours can tell th feeling of relief which his capture produced. How we Tejoiced over the death of this vogjook it would be tm possible to describe, It was, indeed, a great deliver- guce to those who had been reduced to one meal of = few ounces aday. Hannah bad but two small pieces of blubber left, “enough for the lamp for two days; tho men had but little, and Hans bad only enough for one day. And now, just on the verge, ofabsolute destitution, comes along th vogjook, the only one of the seal species seen to-day: and the fellow, I have no doubt, weighs 600 or 700 pounds. Truly, wo are rich, indoed.’ Praise the Lo: for His mercies! A few dowkies were also shot; bi the vogjook is the joy of oureyes. Our glorious vogs jook proved, on measurement, seven feet nine inches in length from’ head to tail, excluding the latter. Adding the hind flipper, he measured fully nine feet. What a Godsend! March 14.—Soon after sunrise I espted a large vog- joo Joe was at @ distance, and not baving had as muck practice as be, and fearing I might not kill it with my inferior rifle, I beckoned Joe to come along with his Springfield. In the meantime, to keep tha creature from slipping away, I commenced whistling. I whistled antil Joe crept along to within shooting dis- tance and killed the vogjook. He hag killed three seals to-day, but one sunk and was lost. Jan. 16.—Found the natives had shot a seal, It seems as though God lets one get to the verge of despair and then sends some mitigating circumstance to relieve the gloom. I ordered the seal to be taken into Joe's hutto be divided. Ashe did the most toward getting the food, I thought this was right. Ono of the men, however, took it upon himself to take it into their hut. They have divided the seal to suit themselves and I hope they arg now satisfied; but it does seem bard on the natives! who have hanted day aftor day in cold and storm, while these men lay idle on their backs or sat playing cards in their huts, built by these same natives whom they thus wrong. A native will sometimes re- main watching a seal hole thirty-six or forty-eight hours before getting a chance to strike, and If the first stroke Ja not accurate the game is gone forever. Jan, 19.—Joo and Hans hunting, but it was blow- ing heavy and very cold. Joe says he tried to shout, but that he shook so with the coid that he could not bold his gun steady, and that his fiugers were so numb that be could not feel the trigger of his gun, and so the goal escaped. Jan, 22—Joe is not well. I hope he will not got down sick, for we depend greatly upon him, Though such a iittle fellow, he is a mighty hunter in bis way. Jan. 29,—The Esquimaux off, as usual, on the hunt. They do not stop for fog, cold or wind, Were it not for hitle Jue, Esquimau though he be, many if not all of this party must bave perished before now. He has built our snow huts and hunted constantly for us, and the seals he bas captured have furnished us not only with the fresh meat so essential (0 our posi- tion, but without the oil from the blubber we could neither have warmed our food nor had any means of melting ice for drink. We survived through God’s mercy and Joc’s ability as a hunter. Fob. 1.—Little puny Joe and Hannah’s child, « little girl, is sitting wrapped in a mask ox skin. Every few minutes she says to her mother, “I am so hungry, } The children often cry with hunger. It makes my heart ache, but they are obliged to bear it with the rest. Feb. 7.—We have had some little trouble over the seal prep? Hans, if he gets a seal, which is seldom, he has shot but few, wishes to appropriate it all to his own family’s use. ‘He is a very thoughtless Esqui- mau or sellish; he fg not a successful hunter hke Joe, nor has he Joe’s sense. He does not knew how to build a hut for himseli, or atany rate he did not do it, Joe built it for him, He threatened this evening to not hunt any more, He wus hired, and will be paid if ever get home, for tho very purpose of hunting for the expedition. It is no favor on his part. Feb, 192.—Saw only one seal to-day Joe shot him. This seal the men took possession of, and divided it as they pleased. Joe was very angry, which was no wonder, Joo and Hans are oxposed many hours every day to the wind and cold, and it comes very hard that these idle men should take the seals from them. Be it remembered that Joe was in no wise obliged te stay with these men. He could at any moment whea: they were huddled together in the house he had butlt for them, trying to keep a little warmth in their stunned bodies and afraid to stir out of doors, have picked up his few effects and with Hannah and child youe off fifteen or twenty miles on the ice and there have built a snow house for himself. Here he would not have been obliged to share the hard-earned spoils of his spear and gun with others; to take the food out of the mouths of his wife and child to give to alot of men who, according to their own accounts, were ungrateful and often unjust towards him, and whe evidently looked upon him as a poor creature of an in- ferior race, “But Cap’n Hall not run away—I not run away neither.’” No greater example of lofty, noble heroism has ever been recorded. Js it not a little strange that after all this, when these men came home, Joe's name was scarely mentioned im the accounts they gave the papers; that no atténtton was called towhat he had done, no notice taken of him? Not till the journals of these men were pablished—e Jong time afterward—did the truth appear, and then it did not come out in such a way as to attract publ attention. Joc speaks little English; his okt frie Captain Hall was dead, and there was nobody to look after him. He tells me hé has not received all his pay. Ido not know how this ts,as he speaks English se badly that it is impossible to get a clear idea of the con- tract he made, how much he was to cto! how muca he actually did receive. But I think that either some collection agent got partof his money or that Hall had promised him a@ good deal more tham his regular pay from the government—a promise he would havo of course fullilled had he ever roturned, As it is Joc Is cast loose on the world, wits with no means of gaining @ livelihood except by Arctic ships, which he cannot, of course, He is too Nghe and small to do heavy work, no trade. His only dependence now ts Hannah, who is obiiged to work with a sewing machine, 1 think it is the duty of our government to de something for It has enough faults to answer for already im the ner in which the Polaris oxpedition was organized without adding the sin of ingratitude to its other short comings. If the expedition had been systematically organized with the intention of making a grand failare, the arrangements could scarcely have been more perfect. In the first place two foreign scientific genth 0 were given Hall, to take charge ot the scientific department, who, for the reason that they were highly educated in the best universities of Europe could not understand the rough and ready morits of Hall, but had, in fact, » good deal of contempt for him. Tho result was that they soon quarrelled and thatone of them at least mutinied before they had been long at sea, I use the word mutiny advisedly, forin a man-of-war he would have been put In irons. Hall was no semman or navt- gator, and could not, of course, handle a ship; but te make up for this they give him a drunken whaling cap- tain, who cared no more to reach the North Pole than he did to reach the moon, and who looked upon the whole business as the most extravagant nonsense, And yet this man, owing to Hall’s ignorance of seaman- ship, was really commander of the expedition, As if this were not enough, they give him a mongrel crew of Germans, Dancs, Russians and English, with only three or four Americans, and then bundle them all off to- gether to the North Pole, In this American expedition there were four or five Americans all told, and thus, it seeme, could not all auderstand each other, An organized in & way could only result in failure, And it was Joo, and Joe alone, that saved It from end- ee ia Soe Gnd frightful as well asa disgraceful Joe has been better paid by Captain Allen — for ‘Rie four months’ cruise in the Aretic than t he ‘was for all he did for our great and noble Ake gavo him a handsome silver watoh, with an tion recording hip faithfulness and devotion to dmim, -