The New York Herald Newspaper, April 10, 1876, Page 3

+ On bis ‘‘unfaithfulness.”” —_——__. WASHINGTON. The. Latest Cloud Lowering Over General Babeock. SAFE BURGLARY DEVELOPMENTS. President Grant Longing for the 4th of March, 1877. THEORY OF GENERAL BELKNAP'S DRPENCE. Dark Doings of Ex-Secretary Delano’s Son John. een FROM OUR REGULAR CORRESPONDENT. Wasuarox, April 9, 1876, GENERAL BABCOCK’S CONKECTION WITH THE SAFE BURGLARY CASE—DISGUST AND ANROY- ANCE OF THE PRESIDENT AT THE DEVELOP- MENTS—AN UGLY LOOK FOR THE EX-SECRE- TARY—HIS EARLY ARREST PROBABLE. ‘The most devoted friends of General Babcock are @hocked at the revelations of the witness Whitley on the subject of bis connection with the safe burglary | ease and the unsatisfactory nature of General Bab- cock’s own explanation in reply. President Grant is credited with exclaiming this morning:— “I wish to heaven the 4th of March, 1877, was at band!’ and then going on to philosophize over the fact that his appointments of personal friends to office bad been failures, betrayals or worse, while those made on political or party grounds had been almost all of them successes and hits, In fact, all kinds of romors are flying to-night covering the latest aspect of the relations between tho President and his late secretary, It is said thatthe President is deeply grieved and mortified at the de- velopments of the safe burglary investigation. He had thought that, with the verdict of “not guilty” and the retirement of his favorite snd confidential sccre- tary, thero would be an end of trouble on the latter’s mccount, but the startling disclosures of De- lective Whitley have staggerea the best lends of General Babcock, who are apprehensive | asto what willcome next, It is asserted by those claiming to have talked with the President since yes- terday, that he will go before Proctor Knott’s com- mittee and make a plain statement of all he knows Concerning the safe burglary case, showing that he had nothing to do with ordering Attorney General Williams to discontinue the suite against the guilty parties, which will be another deadly blow at Babcock. Another gentleman, supposed to be on intimate terms with the President, says that | Grant has given Secretary Babcock a terrible lecture | Another report says that tho | President was very angry, and talked exceedingly Plain to the ex-secretary, but that, when the matter ‘was fully explained by General Babcock, the President exonerated him. The only rift in the dark cloud which has lowered upon tme head of Geveral Babcock is the possible false testimony of Whitley, who once testified, it will be remembered, not only to his own innocence and non- complicity, but proved an alibi by the most respectable ‘witnesses when he was on trial here in Washington last spring for participation in the safe burglary. - Whit- ley’s revelations are spurred by the promise of a full pardon for his connection with the affair, and his testimony now will be thoroughly ‘sifted by Judge Knott before the pardon is placed in hig banda, Should Whitley not be controverted General Badcock will be promptly indicted by the local Grand Jury. On the other hand the point is made against Genoral Babcock that neither ex-Governor Shepherd nor ex- District Attorney Harrington nor the Board of Public Works could éxercise any control over the secret ser- vice of the Treasury Departmont, but that it would require some one higher in authority. It is further represented that in order to give General Babcock an | animus in the shameful transaction his measurements and those of his subordinate engineer, on which he had paid out large amounts asthe share of the indebted- ness of the government for the improvements made in ; paving the streets, were being examined by the joint | | Committee of Investigation by Congress, and it was necessary, as his defence, to de- stroy the credibility of the representations made, as well as the character of those making them, led, as they were, by Columbus Alexander, This was | aimed at in the safe burglary, and hence the only one { who was high cnough in authority to have it carried by Whitley, the moving and principal spirit in the con- spiracy, so far as actual basiness was concerned, was General Babcock or some one equally high in the White House or Treasury Department. The initial point in this theory, it is claimed, has been established in the testimony taken yesterday, showing that General | Babcock telegraphea to Whitley to come on to Wash- ington, and Whitley’s subsequent statement on oath that General Babcock requested him “to do a job” and referred him to District Attorney Harrington. A leading republican Western Senator, and here- tofore a strong friend of General Babcock, says:— “The testimony taken thus far has an ugly look for Babcock.” It was ramored here to-night, and thought not im- probable, that upon the evidence which bas been de- *. geloped the arrest of General Babcock would, as a matter of course, be ordered by the District Attorney. Upon consulting with him to-night and sending an inquiry in writing whethor he had been or would be arrested he answers simply that he has not been arrested. The house of General Babcock is under surveillance to. Bight 1m the apprebension of his leaving town for the Present, SECRETARY BELKNAP'S INFLUENCE SOLD FOR TWO HUNDRED DOLLARS IN MILLINERY WORK YOR HIS WIFE. ‘The following statement was made recently by » Mr. J. K. Peabody botore the Military Vommittee, and was by them thougit important enough to refer to the Judiciary Committee :— In a 1870, lcame to Washington eity, having been ai irged irom the regular army on the 4th of May Of savd year ut Philadelphia. Mme. Garnaux, @ middl French tady, bat veen engaged in the mitlivery \ness in Philmueiphia tur some time ious to 1870. 1 wade her acquainjance whiie there. ‘uty lady camo to Washingion and engaged in the same occu) ation 1m 1868. She was very to me, and procured my dweharge irom the army oe e Beerewry of War SHotknap, and tor purpose of haviug me appoiied to a clerk. ‘sip ino othe ments at mouths and 5 walt, uouse, Neo 15 pari tier im money tor the cured me a clerkship in the Post Office tin the monta of August, 1570. She ry alld tary of War, addressed Mra, Belauap also addressed 9 letter vetary of the Treasury, Hon. George NEW YORK HERALD, MONDAY, APRIL 10, 1876—TRIPLE SHEET. ing for mz groemnimpens to aclerkship in the Treasury mn is lutter letter tein my possession. The records of the Post Office Department do not show any papers upon whieh | was appointed to a clerkship in that department, they baving been abstracted or de- stroyed. bigeye, Secretary of War (Bel- knap) Ene tell of them. 1 have letters Possession Ime. Garnaux to my sister in Masenchusetts, which will corroborate the statement 1 now Make—that I was appointed to a clerkabip in the Post Office Department through the inBuence of Mra. C. T. Beikuap, the wife of the Secre- ‘ary of War, for which the said Mrs. Belknap received as a consideration $100 worth of dressmaking and millinery work, dope by said Mme. Garnaux. Soon alter ny appointment Mme. Garnaux demanded of we to pay which amount or its equivalent Mme. Garnaux stated she had to pay Mrs. Belknap for pro- curing my position. Alter being importuned for some time by Mme. Garnaux for this money, and always re- same, I was sent for one da; by the Hon. J. A. J. Creswell, Postmaster General, who showed mea bill for $200, due Mme. Garnaux for board. I told him I did not owe a doliar for board, but that if she would itemize the account I would pay it. Talso told Mr. Creswell that it was for procuriog my Place inthe Post Office Department that the money was demanded. He then told me that he washed his hands of the whole affair, but that Sceretary Belknap wished to see me, and told me to call upon him at his office. I did so, aud Mr. Belknap presented mo with the bill for $200, and asked mo uw I} intended to pay it | told Mr. Belknap that if | Mmo. x would state truthiully what she | demanded this money for I would pay it, otherwise I should absolutely refuse, Secretary Belknap then tuld me if Ldid not as Bie bill within thirty days he would have me discharged from the Post Office Depart- | ment, I then asked bim what jurisdiction be had over me. He replied, “You know well enough, sir.” [ then went to Giles A. Smith, Second Assistant Post- master General, and told him the whole story, and | showed the letters which are herewith presented to the committee, After a full investigation of the mat- ter by him, and finding no evidence that I owed any part of the $200, 1 wus retained in the Post Uilice De- partment upwards of a year afterward, and only re- ‘signed to accept a commission as second Heutenant m the Third regiment United States cavalry, to which position | was appointed by President Grant, notwith- standing the most determined opposition on the part of Secretary Beikuap. There are several other parties now living in Washington who can testify to the facts herein stated. 1 resigned my commission as second | Neutenant in the Third regiment United States | cavalry on the Sst day ot May, 1873, through fear | of being dismissed the service, not for any real fault of my own, but in consequence of the persistent | persecution of ‘Mr, Belknap. In April, 1875, I was | appointed computer in the office of William A. Potter, | supervising architect of the Treasury Department. | On the Sth day of February, 1876, Mr, Mariin, the ap- | pointinent clerk, Treasury Department, sent for mo | and asked if I had ever been employed 10 the Treasury Department before. I told ‘him I had not | He asked me if there bad not been a letter | placed on file in the appointment office, Treasury Department, asking jor my uppuintment to a clerkship. 1 anid there was a letter presented to the Secretary of the Treasury asking my appointment at the same time that a similar letter, from the same party, was pre- to the Postmaster General in the ir 1870. Ho what became of it. I told bim that the it Office Department having been acted ; letter in the pon, and | having received my appointment, I asked Mr. Vanderbilt, the appointment clerk of the Treasury Department, to allow ne to withdraw the letter on file there, which he did. I withdrew the lotter, giving my receipt for the same. On the 10th of Febraary I was summarily discharged. I asked Mr. Jac 4, she chief clerk, if my discharge was in cours “sot any misdemeanor vor tavit ot my own. He épliea that it was not, but that [ was discharged by dui -ct order of the Secretar; N ury. He also told me that he hoped to be able, iaiorm me in a few days of the real cause of my About three days after- ward Mr. Jacobs rk ob et me a he i about four pages, addrossed by the Secretary of War to the Socreterg ot Ue /Preasury, in which he (Mr. Bel- knap) reviews my history in bony minute particulars irom the time I entered the Post Office Department un- ee army. The letter is simply abusive and unt The following ‘letters were included in the testi- mony :— * ‘ Juxy 15, 1870, My Dear Reus UTWELL—I wish to recommend to your favorable « ideration Mr. Peabody, an honest, latolligent ups pyoang man, who is in great need of employment, sean .can possibly tind anything for him to do you will, 1am sure, have no cause to regret wt, and f tt a personal iavor. Yours, most cordially, Mrs. C. 'T. BELKNAP, ‘Tho Howerable theSecretary of the Treasury. Extracts trom, Garnaux’s letter to Miss Peabody, J. K. Peabody's sister, in Massachusetts :— *" Wasninarox, Oct. 8, 1870, Dean Miss * = * Mra Belknap, or the wife of the Secretary of War, gave me two letters—oue to Secretary Bout- ‘well and one to Postmaster Creswell. doth letters and succeeded with Postma: Creswell. Mra, Belknap as! fer the position for him through me for three mon! after which Mrs, Belknap made me & promise, Congress opens, to give hima | position that will a salary of $1,800. made him promise I wor ‘k all winter for his wite (Secre- War); that I would work ai! winter for nothing. ly worked for her to the amount of $100. en I worked for Mrs. Belknap to tho amount of $100, but never received it. * * * I re- main yours, Yespectfully, FRANCOISE GARNAUX. GENERAL BELKNAP’S DEFENCE—-THE CAUSE OF His “SUDDEN” RESIGNATION—HIS COMPLETE } VINDICATION ANTICIPATED BY HIS FRIENDS— CRITICISM OF THE TESTIMONY AGAINST HIM—REPUBLICAN SENATORS LOOKING OUT FOR THE POLITICAL EFFECT. General Belknap’s lawyers are busy preparing his case. They have not asked for delay, and it will not be necessary unless more time is requ to secure the attendance of necessary witnesses from some frontier posts. The General will appear in person “4 d I presented e trial in the Senate, A fact having a very impor. tant bearing upon General Belknap’s motives for resign- ing bas come to light and will be shown on the trial. His sudden resiggation was accepted by the country as a confession of guilt. In fact, it was in accordance | with the condition made by Clymer when Montgomery | Blair, General Belknap’s counsel, said to tho | committee that he had a _ proposition to make which he thought his client would accept— namely, if the committee would strike out the names of the ladies of his family and his ehild from the evi- dence he would send in a written statement admitting | ‘that money had come into his hands regularly {rom Marsh for the time named in the testimony. At this time there was no expectation that an impeachment | would be undertaken, and Clymer, the chairman, said | there was one other thing Genegal Belknap must do, and that is resign, and to this his counsel said he | should. Later, at the night session, Mn Blair's propo- sition was rejected, and next morning General Bel- knap resigned without having had a hint that an im- peachment was agreed upon, and his resignation had the doablo purpose to save the President embarrass; ment and to shield the ladies of his tamily by accept- ing the responsibility of the whole matter until the excitement hal passed and opportunity was given for full explanation. The friends of ex-Secre- tary Belknap represent him as entirely recovered from the first shock and depression inseparable from his trouble, and as entirely confident of a completo vindication and, im this belief, his lawyers fully share, In the examination of Marsh’s statement and evi- | dence ‘t appears that he haa made four different and | contradictory assertions upon very material points. | Sovoral officers of high standing, acquainted with the | facts, hace written hero that to their knowledge much | of General Custer’s evidence is erroneous, As General | Custer’s evidence was in the first instance volunteered | and not asked for by the committee, there | 18 a feeling smong army officers that he ought, m | Justice to himself and al! concerned, have an opportu. | nity to make his general charges good before a military | commission or court of inquiry, and such chance may | be offered him, | General Bolknap’s friends represent him as deeply | grieved and outraged by the conduct of bis frends, such as General Rice and General Hedrick. Both de- liberately sold hiin out, they say, under guise of friend- | ship, but he declares that he never received a dollar of the money they realized. These points inaicate the line of tho defence, and as the aflair gets older the | 1 number of those who fear that a case cannot be made | was | produced several witnesses tending to snow that | ngainst Beiknap is datly increasing. The republican | Senators will keep the trial well in band and age it ad- | vantageously during the excitement atteuding and suc- | ceeding the Cincinnati nomination. | EX-SECRETARY DELAXO'S £0N JOHN AND THE SURVEYING CONTRACTS IN WYOMING—A PIE | WHICH AFFORDED A PLUM TO ORVILLE. Delano, the ex-Seeretary of the Interior, and “nis | son Jobn,” were made to figure in a very bad light yes- | terday before one of the House committees, the latter | appearing as a blackmailer of contractors and the former enjoying full knowledge of worthy son's doings. Dr. Reed, lato Surveyor General of Wyoming, was further examined by the Committee on Expendi, | tures of the Interior Department, ard some important facts which he bad withheld on his former examina- tion came out. He was questioned in the pres- ence of his Inte chief clerk, who was ac- | quaimted with all the facts, and the committee were thas enabled to keep bim a little closer to the record than he was disposed to travel im the previous exami- nation, He reluctantly disclosed the fact that the President’s brother, Orville, had had an interest ina number of surveying contracts in Wyoming, and that hia mterests had extended over several yeara The sub- with whom Orville was interested was Bal y. Reed had also given an interest ina §@ a brother-in-law of Curtis, tho chief clerk or sne General Land Office. The man’s name was ¥ow. ler, and he did nothing about the contract, ashe mainedin Washington. The amount he received was about $1,400, Mr, Stevens, the chief clerk, was then examined, and Dr. Reed was invited to cross-exami him. This Reea did, but failed utterly to shake a single feature of the story told by Stevens. The latter testified that John Delano had been given an interost in five contracts for surveying public lands in Wyoming, his share in the profits being about $5,000. Young Delano bad done work and invested no money in these contracts, but regularly received his share under written contracts which be had in an assumed name. The money reached Delano as drafts, payable to his order, and were indorsed by Delano and returned to the bank. The witness detailed circum- stances under which he became aware that Secretary Delano knew about these contracts with Johu. Dr. Reed called witness and told him he had written an account of what he had done to John to Secretary Delano, and showed witness the reply of the latter, in which the Secretary thanked Reed for his kindness to John and expressed the hope that there was nothing in it which would have the appearance of evil Dr. Reed, in show” ing this letter to Stevens, asked bim to notice how ¢: tremely careful the Secretary was in his language. Tho facts thus testified to are the same which were. brought to the President's attention last year, and upon which it was intended to remove him from the Cabinet at once. Mr. Delano’s friends then declared that Mr, Delano had exposed to tho President Orville’ connection with the same kind of contracts, and th: by this means Delano was enabled to prevent his sum- mary removal. CONGRESSMAN JERE HARALSON AND SI8 INTER- VIEW WITH THE PRESIDENT—A PRACTICAL. ADMISSION OF THE CORRECTNESS OF THE HERALD'S REPORT. Congressman Jere Haralson has not had his second or additional promised conference with the President. So he informed the Hexarp reporter last evening during an interview, The correct statement of his, first interview with Presiden nt, as given by him™ self without reserve and accurately reported in these despatches of Thursday last, has occasioned a good | deal of excitement here which, however, docs not. appear on the surface, and, to use Mr. Haralson's words, considerable trouble, He dia not, however, volunteer one single word in correction or contradiction, although, in a iengthy conversation, reicr- ring at frequent intervals to both Senators Conkling and Morton im connection with the coming Presidential nominations, ample Opportunity was afforded him to find fault with or otherwise criticise the accuracy of the representations. originally given by him as coming from the President, That the report of the interview of Mr. Harulson as given'in the Hxratp Washington despatches is trae, may be seen in the fact that Mr. Haralson never said one word to the contrary in asecret, exhaustive and lengthy conversation, had with him by this representative of the Hxratp, in which the whole field was substan- tally gone over again, Mr. Haralson says that he is very busily engaged in framing a bill which he wishes, to ingroduce into the House, and in preparing some re- marks to accompany it, which is something he very rarely does, as he has always been accustomed to make his speeches oft hand, BUMORS OF THE DISCOVERY OF A WHISKEY RING IN NEW YORK. It was reported to-night that the government was in possession of information of the existence of an ex- tensive whiskey ring in New York, the operations of which had been facilitated by. the connivance of an ex- Supervisor of Internal Revenue, the crooked whiskey coming from Richmond, Va. 'The facts bave not been verified, and those in authority who have been ques- tioned about it think the report originated in the in- vestigation now being made by the Grand Jury at New York into the charges that Boyd & Co, Ely, Nephews & Ficldsteck handled, with gui'ty knowledge, consignments of crooked whiskey from Indianapolis and Chicago. The man Bingham bas been before the Grand Jury to re. port the substance of his confession on the subject of the distillation of illicit whiskey at Indianapolis and its shipment to Eastern houses, Revenue officials here don’t believe there is much fraudulent whiskey made in New York or vicinity. Some is distilled from time to time in a small way in Brooklyn, near the Navy Yard, and a vinegar factory ‘was turning outa little quietly till it was seized and the proprietor thrown into prison to await bis srial; but any crooked whiskey in New York comes from elsewhere. THE ANTICIPATED VISIT OF HIS MAJESTY OF BRAZIL TO THE NATIONAL CAPITAL—PREPA- RATIONS FOR HIS ENTERTAINMENT. Dom Pedro and party are expected to visit Washing- ington soon after their arrival at New York. The Em- peror desires to come here while Congress is in session and beforo the Centennial is fairly opened, that he may study the institutions of the goverument as they appear under ordinary conditions, The Brazilian Minister has made arrangements for the entertainment of twenty-two persons, including the Emperor aud the Empress, at the Arlington, but it is not known definitely that the Empress will accompany the Km- peror to Washington immediately on their landing. She is a good sailor and used to rough seas, yet she may be so fatigued on her arrival in New York as to prevent or postpone her intended visit, Mr. Roeslie, proprietor of the Arling- ton, has made provision for his royal guests as fol- lows :—For the Emperor, Empress and immediate suite four parlors, aining room and four bed rooms; for the gentiomen and staff of officers thirteen rooms and two parlors and a private dining room. It is expected that the entire party will occupy two floors on the H strect sido of the Arlington Hotel, including the addition made by the purchase of ¢: ator Sumner's house. ‘The twenty-two persons comprising tho suite do not | include the ordinary servants of the retinue. They | ‘will be housed elsewhere. Ce GENERAL WASHINGTON DESPATCHES, Wasmxotoy, April 9, 1876 THE QUESTION OF VERACITY BETWEEN GENERAL BABCOCK AND DETECTIVE WHITLEY—A REMI- NISCENCE OF THE SAFE BURGLARY TRIAL. The main issue at present before the House Commit- tee on the Judiciary involves the truth of the respect- ive statements of Colonel Whitiey and General Babeock as to the character of their private business just before | the commission of the safe burglary, each giving | & different version, Whitley waying it was relative to the safe burglary, and Babcock declaring it was for purposes _ personal to himself, It will- be recollected that about eighteen months ago the jury before whom Harrivgton was tried failed to agree upon a verdict and the other partica. After this Harrington made an appeal to the President, asking that no further icgal proceedings take place, pleading his inability to bear the attendant expenses, and urging other considerations for Exccutive tuterposition. At the above mentioned trial Michaet Hayes, one of the implicated parties who turned State’s evidence, testifiea that Whitley met him in New York and sent ; bim to Washington to carry out the plan of the bur- — glary. Whitley contradicted Hayes’ story, saying be in Boston at the time of the alleged interview, and fact, Colonel Whitley, while the trial was in progress, ‘Mr. Hayes to be arrested tor perjury, bat Judge the same day dismissed the case, elaiming Whitley’s act was tampering or interfering with the trial, oF the purpose of intim- idating witticsses, and summoaéd before him tho Cierk of the Police Court who iggaed tho warrant for Mr. Hayes’ arrest and required Bim to show cause why he should not be punished for contempt. Colonel | Whitley in his recent testimony betore the Judiciary Committee conirmed Al the statements of Mike Hayes, for whic be had previously had him arrested | tor perjury. ALABAMA CLAIMS—A BILL TO INCREASE CERTAIN JUDGMENTS AND INCREASE THE BATE OF INTEREST. The Joliowing isthe text of the bill recently intro- duced by Senator Sargent in regardto the Alabama claims, and now under consideration of the Committee on the Judiciary : Be it enacted, &c., That in any the Court of Cominissioners of Alabama Claim, loss of wwhalin, vessel and out of suid Court, after it shall have determined the vai of said Vessel und outit, toadd twenty-five per cont thereto and render « + dudement iw the cise for the heretot Sse the ulatiee 's onahag 2 been ordered vessel and outfit sald Court shall, on motion of the counsel for claimant or claimants, render an additional Judgment to his, her or their favor for asum equal to =r percent of the value of such vessel and outit, Sxc. &—That upon all judgments heretofore rendered by said Court the Secretary of the Treasury is hereby directed to pay interest at the rate of six instead of four per cent per annum, and upon all judgments bere. after rendered said Court shall report the amount of Mnterest at the rate of six per cent per annum, provided that in cases where interest has already beon paid at the rate of four percent per annum two per cent per annum additional interest shall be paid by the Secre- tary of the Treasury. THE TARIF¥Y BILL—CHANGES MADE BY THE COMMITTEE OF WAYS AND MEANS. The Committee of Ways and Means have addea to the free list of the Morrison Tariff bill the following named articles:—W indow glass, painted or stained, imported by and for the use of educational, literary, benevolent and religious associations, and not for sale; books in other languages than English, Greek or Lutin; balsam, copper ore, castor onl, and the following named articles been stricken from the {reo list:—Drugs, medi- and other crude chemicals not otherwise pro- vided for; paving tiff, coal, including slack and bitu- minous, The following changes have been made:. Collodion of ethers of all kinds, fifty cents a pound— the present rate is $1 a pound; opium, prepared for smoking, and all other preparations of opium not Otherwise provided for, $9a pound—it is, under the Present law, $6 a pound; licorice, in paste or rolls, five cents a pound. The committee have added the tollowing:—Cham- Pagne and all other sparkling wines in bottles, each containing not more than one quart and more thanone Pint, $9 a dozen bottles; containing not mo-e than one Pint each and more than one-half pint, $4 50 a dozen bottles; containing one-half pint each or less, $2 25 a dozen botties—this is an increase of one-third over the present rates; eméry grains, one cent a pound, emery ore, $3 a ton; emery, manufactured, ground or pulverized, one-half cent a pound—this is @ redaction of one-half of the present rates, ‘The committee have not yet acted upon tea and cof- fee, but have nearly reached the end of the bill, which will be completed early this week. THE MILITIA FORCE OF THE UNITED STATES, The abstract of the militia force of the United States, organized and unorganized, according to the latest returns received at the office of the Adjutant General of the United States Army, is imperfect, show- ing that no returng have been received from Delaware, West Virginia, North Carolina, Georgia, Florida, Ala- bama, Tennessee, Indiana, Nevada and Oregon. There. fore these States are umitied from the grand aggregate militia force of 90,865, including officars and privates, Of which New York has 19,479; Pennsylvania, 10,583; Maryland, 1,259; Massachu: 6,696; New Jersey, 8,838; Ohio, 4,630; Illinois, 3,271; Arkansas, 11,700. The force of Virginia is set down at only 498, The number of men available for military duty unorganized is stated at nearly 3,000,000, not counting tho States Mentioned above as making no returns, THE RECUSANT WITNESS KILBOURN—APPLICA- }o Harrington | TION FOR A WRIT OF HABEAS CORPUS. Hallet Kilbourn, tho recusant witness m tho Real Estate Pool investigation, will to-morrow, through his Counsel, Jeremtah 8, Black, Mathew A. Carpenter, W. D. Davidge, N. L. Jeffries and Daniel W. Voorhees, make application to the Supreme Court of the District of Columbia for a writof habeas corpus, He has been in jail since the 16th day of March. A. T. STEWART’S ILLNESS, It was understood yesterday that the great merchant milllonnaire, Mr. A..T. Stewart, was critically ill at hié mansion, corner of Fifth avenue and Thirty-fourth Street. Mr, Stewart contracted his illness, which is known to be suflammation of the vowels, from a cold taken about a week ago, It was stated yesterday morning that a consultation had been held, at which it was determined that unless a change for the better should take place on yesterday afternoon serious con- Sequences: might be expected. So far as could be aacertained, the desired change had not come about, and Mr, Stewart's physicians, Dre, White and Murcy, were keeping waich by his side during the evening, The doctors wiil not speak definitely of his malady or condition. They stated that thoy are but obeying his wishes by declining to say what they believe to ve his condition. If it were stated that his illness was of a very grave nature the announcemept would doubtless draw vw the houso troops of inquiring friends, which is t present desirable, as there is no immediate dan- So much at least has been said, and is has been rt stated about the patient’s prospects of recovery. THE LATE SURROGATE. PREPARING TO RECEIVE THE REMAINS—WAIT- ING FOR THE STEAMER. At noon yesterday the several committees of gentlo- men from tho Surrogate’s office appointed to receive the remains of the late Surrogate, Stephen D, Van | Schack, from the Savannah steamer, General Barnes, and accompany them to the Church of the Messiah, metat the St. Nicholas Hotel for consultation. The Committee on Reception consists of Mesars. G. G, Gil- lette, Luke C. Grimes and James J. Traynor; the Committee on Decorations, Berjamin P, Fairchild and Henry Lebeaneau; and on engrossing resolutions, J. J. ‘Traynor, E, F. Underhill and Willam H. Mcintyre, In addition to the above nearly all the others employed in the oflice were present for the purpose of taking part j in the ceremony. Atfive P. M. the steamer hua not been sighted below, leaving it certain that she could not arrive before a hour at might A sub-commit- tee was then appomted to wait and watch, and when the signal of her appearance xnould be given to notify he others, when ail would procecd to the steamer and the remains jn accordance with tho pro- ome to remain with the body in the church time of the tuneral on Tuesday, ANOTHER DISTINGUISHED GUEST. General Prado, ex-President and President-elect of Peru, is on hig Way to this city with the intention of being present at the opening cercmonies of the Cen- tenuial Exposition at Philadelphia. General Prado is suite, imcluding the Peruvian id Secretary of the Peruvian gation, A number of prominent mercuants having business relations with Peru will proceed down the Bay and receive General Prado ou his arrival and escort him to the quarters to be prepared for him in this city. SHOCKING CRUELTY. NEARLY ONE HUNDRED HOURS WITHOUT FooD OR WATER—A CAB LOAD OF HORSES KEARLY STARVED. Yesterday afternoon Mr. Bergh’s superintendent found a cur containing fourteen horses standing on the track at Forty-third street just beyond the Grand Cen- | tral depot. The poor animals were gnawing at the sides of the car and had demolished a great portion of tho | | frame work. From inquiries it was found the animals | belonged to a Mr. C. Dumaine, of Twenty-lourth strect, He had loaded them up at Montreal, Canada, and accom. panied them as far as St. Johns, He had cared for them up to that time, Thursday. train and the freight came on to New York. Owing to some blundering on the part of the New Haven Railroad officials the car stood e track from one o’clovk Sunday morning unwl the afternoon, when they were found. Dumaine was up at the depot and made iw- quiries at seven o'clock yesterday morning, but no one knew anytoing avout the horses. Mr. Harley, the Su- perintendent of the railroad, said he was just going to ve the animals taken out of the car when the officers came up, The poor creatures were in a very exhausted condition, and the owner and Otficer Lambert, of tue society's staf, got them all stabled and attended to, Mr. Dumaine, it appears, is bot to. blame, the fault be- ing with the railroad ‘people. Because the owner missed the train these poor creatures bad suflered hanger aud thirst tor nearly 100 hours, the railroad people appearing to be careiess whether they starved | | We deathornow ; AN ABSCONDING OFFICIAL George Briggs, a deputy sheriff of Westchester county, who lived at Tarrytown, hos within the past few days absconded, leaving, so far as is Known, claims to the amount of about $10,000 unsettled. Among these is asecond mortgago of $8,000 on the property of | Briggs, in Main street, Tarrytown, the bouse which ‘was burned down by the recent disastrous tire in that village, the mortgagee not knowmyg that the preimises were nlready subject to o hen of $3,6U0. Tho deed of the property, it appears, was in the | name of Briggs’ wite, ax were also the insurance pol- | joe which amounted to about $8,000. Since the fire | alruded to Briggs his wite accepted, it is said, about | | and shortly afterward disappeared. — Sheriff Carpenter | hha knowledge as yet of the extent of the defalca- | Won of his depaty in the matter of adjusting execu- | tions oF of how much it be necessury for him te call upon the sureties of the absconding oilicial tor. PICKED UP INSENSIBLE. A man named George Smith, aged % years, was found In aa insensible condition yesterday atternoon, on the corner of Thirty-ninth street and Second avenue, by au officer of the Twenty-first precinet, and was taken to Weilevue Hospital, Rere he missed the | FANNIE ELSSLER. The Divine Fannie in Her Sixty- seventh Year. HER EXTRAORDINARY CAREER. True Account of Her Relation to the Duke De Reichstadt. | PARIS ELECTRIFIED.) How She! Lives in Her Villa | Near Hamburg. Hamaunc, March 10, 1876, While strolling with a German friend on a recent Sunday upon the banks of tho Inner Alster, ho indi- cated an open carriage just passing, and said:—‘‘There goes Fannie Elssler!"” “And in that carriage coming | I remarked, “are Ninus and Semiramis.’’ echoed my friend, with a | Iteralness characteristic of tho German mind; | “that is impossible. They have ¢ been dead nearly 4,000 year”? “I am weil aware of | that,” I rejoined; but they have not been dead | much longer than Fannio Elssler.’’ It required nearly | fifteen minutes for me to make my companton under- | stand that I could not believe the once famous dancer to be alive, and that myailusicn to the King and Queen of Assyria were intended as # satire upon his faith in my credulity, Having assured mo of the truth of his statement, I declared she must be a ceutenarian, “Far from it,” ne replied, ‘she is much less ancient than you suppose, Here sho comes again; take a good look at her.”? | THE REAL WOMAN. As she drove by a second time several persons on, the fashionable promenade stared at ner and mentioned” her name in an undertone. 1 was one of the starers, 1 allow; but staring, you know, is not counted a rude- | ness on the Continent; the women here esteem it ndeed as complimentary, because they consider it an evidence of admiration, Elssler might pass for a woman of middle ago,- thanks, no doubt, to her skill in concealing the rav- ages oftime. Sho had a deciaed made-up appear. ance and would not, I am sure, bear closo inspoc- tion, Her eyes were bright and not a trace of gray was visible in her hair. This may be owing more to art than nature, however, though her ac- quaintances speak of her as in a wonderful state of preservation, She would ordinarily be callod hand- some, and she shows plainly enough that she bas no idea of being thought old. Sho is not very old, either. Having regarded her as a tradition rather than as au actual person, I could hurdly be persuaded at first thatshe bas not yet seen her sixty-seventh birth- day. Iremember hesring my grandfather speak of wit. nessing her débat in Berlin and of the immense tri-+' umph she achieved. Within afew days I have been} jtalking to some of the elderly Hamburgers of wide travel and knowledge, and they have told. me all about, the once diviné Fannie. She is so new, because un- known, to the present generation that, a personal. sketch of her can scarcely fail of interest. It will bor a leaf of the past viviled by the present. She is, I believe, an old friend of the Heratp, to which show; owed much of her reputation and all of hersuccess in America, We live 80 fast in this time that [,begin to { feel venerable already from the mere fact of seeing a woman who had bewitched two hemispueres .and re- tired from tho stage a quarter of a cemtury ago. HER HUMBLE BEGINNING, Elssler is one of the ballet deities who may begaid to * have been born, almost, in the coulisses. She took her \ first peep at the planet in Vienna, in 1811, and: she must bave liked it, if she had any preconception of the warm welcome it was to accord her. Her parems ure reported to have been poor and humble and nob particularly over-estimable, her mother being a pretty, plump, liberally affectionate coryphée, who supported her husband, more inclined to beer than to laVor, aad ; not enjoying, therefore, a monopoly of his wito’s tep- derness, This casy-natured, guzzling fellow is pre+ sumed not to have been Fannie’s father, though tov whom that happiness and honor belonged bas never ‘| been definitely ascertained. it is likely that very little interest was felt in the matter, even by those directly involved, for the Austrian capitalgdoes not concern it- self in occurrences that are so Common as to be in- conspicuous, When tho child was six she was intro- duced into the ballet, having already had nigh twelve months of training, and she manifested even then her latent crural genits Accounted a prodigy from tho start, she had the best of instruction, beginning with Herschelt and ending with tha celebrated Aumar and Baron Von Gentz, who specially devoted himself to her wsthetic culture with afiluent resulcs, SKEKING JIONORS AWAY FROM HOME, Knowing thatglancers, no more than prophets, gain honor in their own country, Fannie, always hopeful and enterprising, leit Austria when sho was seventeen to fill an engagement in Naples, taking along her sister | ‘Thervsa, two years her senor, to whom she was evi- dently attached. They had marked su: in Southern | Italy, and the reputation thoy acquired went to the northern capitals. Naples was unwilling to lose them; | | put when the younger was twenty she decided to go to | Berlin, where she had been assured of a superb appre- | ciation, and where several of her admirers had been for some time preparing the public. Varnaghen Von Ense, who had been apprised of the dancer's talent by | Gentz, was one of these, He manipalated the press in her favor, and, though he made high promises for her, she more than redeemed them by her performance, She is suid to have been a very seductive creature at that time, and she must have been from the impression sho mado. Superlatives were wreaked upow her, She was the most beautital, charming, graceful, voluptu- ous, marvellous beng that had ever whirled in gauze skirts before the flashing footlights. All Berlin went wild over her, Sho was pronvunced a choregraphic | revelation. She was elevated into the soveath heaven | of exaltation. She was universally proclaimed a | pirouetting divinity. “As the French phraso it, sho made some GRAND PASSIONS, which {is capable ot « very broad significance, though none too broad, it would seem, to meet her case. She certainly caused an infinite number of emotional phe- nomena, such as & public dancer had never before ex- cited in Beriin, or in all Germany, Women wero rav- | ished by her dancing; men of ail ranks fell madly in | with her. She received daily hundreds of letters, declaring admiration, passion, infatuation; and she bore herself like an empress, domineering over ail | minds and hearts, The golden gates of success were | broadly opened to her, and irom that moment they | dancer, whutever her antecedents, becavse dearly, or had such a talent for enhancing thelr value’ im a most liberally supplied market, HER RELATION TO YOUNG NAPOLEON. The story of her relation to the Duke de Reichstadt, which seems entirely authentic, illustrates her mef-| cenariness and her lack of priucipic. It is thus told here, and the version is new, though the fact is old: The son of Napoleon was living in or near Vienns when Elssler returned th after her triumphs im: Berlin, He was twe ud she twenty-one, Both were remarkably handsome; but she had pertect: health while he was very delicate, having been born with a weak constitution and a tendency to puimo- nary troubles, which imereased with years, Pos- sossed of a fine mind and having ample cuitare, he had been from childhood a prey to morbid sensi- tiveness, spiritual weariness and irremovable melan- choly. H1s grandfather, the Emperor of Austria, had, taken unwearied pains with his education, civil us welll as military, and had employed every means to gure’ | him of the chronic depression which prevented him from feeling any interest in life. The young Duke spent most of bis time at the 1mnoe. rial Palace of Schénbrunn, avoiding society aiPrerv- dering and lounging dreamily in the spactdie anil handsome gardens, Nothing could wean him for moro than an hour or two from his love of solitude. Every kind of recreation and pleasure that tempts most young men had been presented to him without avail. At this jancture it ocourred to bis relatives that the fascinatious of Elssier, over whom everybody was in ecstasies, might be exercised upou him with good in- fluence, oue of the court dignitaries sagaciously ro- | marking that if a fresh, lovely Woman cannot expel’ gloom from a young man’s nature he must be beyond hope. They knew that to present her a8 @ professional dancer would — repel - him immediately. So they had recourse to stratagem. They decided to introduce hee by steaith: into the gardens of Schonbrunn as an inexperienced came irl, and leave st to her graces of person and er worldly’ arts to captivate the Prince, and so draw, | him out of his congenial sadness, They explained! their plan to Fannie, who entered tnto it cordially when she had learned the exact number of florins she was to get for her dishonorable masquerade, Money’ apart, to cozen the ex-King of Rome seemed to her & noble occupation ; for it would add to her fame—suck, fame as she coveted—and requite her vanity, ag she danced on alternate nights only she bad leisure to devote to the Duke, and in « few days she announced her readiness to begin the comedy of dupleny. THE AMOROUS MASQUERADE, She made av arrangement to 4 in @ cottage neag, the palace, and having access to the gardens she ap~ peared at’ acertain hour in one of the walks, where: she knew the Duke wasin the habit of strolling, She was admirably made up for the part she had to play., Young as she was, se bad had enough to do with men to understand how to deal with the most retiring, not less than the boldest of them. She was attired as a peasant; a singularly elegans looking peasant, 1 must be conceded, but nothing was omitted that could set off her person to the great- est advantage, She pretended to ve training some plants when she heard the soft footsteps of Napeleon’s! son, and he passed ber apparently unnoticed. He svon paseed again. She looked up and courtesied in an awk- wardly graceful way, as one of her station would natu- rally do to a person of rank. He bowed and went on, but was evidently struck by her beauty. In a tow minutes he returned once more, asked her name, whence she was und other questions, which led to am easy acquaintance. Sho assumed to ‘have come from Donnitz; she was living m a cottage bara by; her hame was Gabrielle, and part of her duty was to look. alter tho garden. He felt a deop interest 1n her from the start, and this, interest speedily ripewed into affection, He gave her} his confidence; he told her the story of his life, its disappointments, its bitterness, 1ts ipauity, adding that hers was a swect and guileless soul which he could trust She responded tuily to his friendship: and affection, which was not long in kindling into! love, Much of this was feigned, though she really did like the pensive and poetic youth (she Cs aon not help bemg to some degree human) whom she nevertheless betrayed, in accordance with her contract, ; repeating to her employers whatever he had communi- | cated in sacred privacy. It was the Duke’s tirst love and it had a most salutary> effect, He seemed to be endowed with new life; his eye brightened, fresh color came to nis cheek, elasticity to his step, hope to his heart He and the fictitious Gabrielle saw much of one another; theigopportunities, to be together were arranged; nature ifpelied aimg interest moulded ber. JTS SAD DEXOUEMENT, After they had been lovers for weeks he conceived a desire to see the great dancer, with whose praises the apital was still ringing. He said nothing to anybody, ut on acertain night be was seated in the imperial box. When the curtain rose upon the ballet he looked listlessly at the coryphises id fell into himaelf. Soon the theatre barst into deafening applause ag the charming premiére bounded upon the stage, The Prince glanced at her; his chest heaved; his pul thrilled. How much she reminded him of hi veloved mistross? Marvellous coincidence! He peered through lorgnette. Love is not biind; it sees with tho, e of Heimdall, Ali was revealed. The base trick that had been put upon him figured in @ flash, The only confidence he had given was prow ‘faned. Elasler, the daacer, and Gabrielle, the peasant, were one and the same, Still he held the glass to his eye. He could not re move it, though his frame trembled and his pale fac@ Then the hand whic! system re Tose to go, but he staggered and fell in a swoon, OOR CHARLES 1"? The Duke was assisted to his carriage and driven home, He never recovered trom the shock. Ina tew menths he who had been born King of Rome, her an empire and a name which stands frst and alos tho annals of achievement, breathed his last as a lieutenant of Austrian arullery, and was buried at Sehoubrunn. Elssier bad the grace to say ‘Poor Charles!” when she had been informed of the discovery of her | os yay She remembered with pleasure the gold she had re. ceived for her iniquity, and danced on as joyously ag ever. She went to London and other cities, aud hes prodigious success followed her. She delighted in hes Erureis, tor they were rolled in bank notes; she wel~ comed gaa they contributed to her vanity and venality, and both were strong and their gratification was sweet, IRR GRANDEST VICTORY was yet to come, and Paris was its scene. She made her début in company with her sister Theresa (the twe were inseparable) on the evening of Septemb 19, 1834, before one of the most fashionable and eriti audiences ever assembled in the capital The city long been hungering to see her; her reputation had been for four years circling and flashing around the boulevards; and now the best o/ the city had seized th occasion. ‘Taglioni was then the gambolling goddess the Part 8, and Elssier knew with what and wi whom she had to contend; for sbe had already met an disputed in London with her rival for the choregraphi¢ crown, and had come happily of, ‘The opening ballet, “La Tempste.” 08 was an adapta tion by Adolphe Nourrit from ire, and was well calculated to exnivit Fan: pam aud grace, ir beauty was still fresh, and had thai frail and delicate quality which the French #0 much admire and 18 go seldom acon in their own nation. She 18 described as looking a good deal like an Americas up to her thirtieth year, in consequence of her slender: ness, which, like other’ women of the Old World, she has totally lost with years. One who should seek tos her slight proportions now would be doomed to disap pointment. She may still be lissom; but she is unmis- takably la afin 1K CACHUCA. Fannic’s début signally Peroux She was applauded to the echo, and all admitted her to be the equal, while not a few declared her to be the suporior ot Tagliont, Soon atter she fairly eclipsed her rival im the Spanish cachuca, which she iitroduced for the first time in the ballet “Le Diable Boneux,” and whieh carriea the by storm. Castanets were then a novelty, and the graceful, voluptaous movement of the dance with her exquisite mimicry and play of foature, and her exeoution of tours de force onthe points of her toes electrified her audicnves, and made them forget Taglioni. Theresa, who was taller and siouter, did the cachuca with her—sometimes in mas- culine attire—supporting her in some of her moat ravishing attitades, and adding vastly to its effective. ness. © cachuca was their chici attraction whem they went to America in 1841. AMERICAN FOLLIES. The follies of this side of the sea were wholly oute, doue by the great Republic, Persons Rapenns freon meu took the horses irom Eissler's drew: it themselves, Perhaps it wax well evough for them. They were neither men nor j,, bus they were asses, most unquestionaby, We Ameri- cuns are not so foolish as we used be; such an imbectlity would not be possible im the now, even in behalf of a ballet dancer, Uf one thing of which Europe is guilty we ate not, We do not propose to marry every singer, actress or she hes gained renown, MIAL PATUITY. were never closed. The road was smooth and flower bordered from Berlin to every other capital, and she } revelied in the consciousness that she bad entered | ‘upon a dazzling carcer. } What pleased her above aught else was ber conquest of Vienna. She had felt that her native city had not | appreciated her in her girlhood, and her young, and | buoyant womanhood rejoiced that it had been obliged | to admit her terpsichorean excellence. She was made | aware of the awakening of the Austrian caprtal to her eat talent by the cncomiums abe read in the Vienna | spapers and by the struggle of the Vienna mana- | gers to secure her, Berlin was loath to let her go; but, knowing with a fine instinct that has ever been hers, exactly when to transter herself {rom the Spree to the | dai , she kissed ber hand to her host of admirers ‘aud Journeyed to the imperial SKAT OF THE HAPSBCRGS Vienna received her—in some instances literally— { with open arms, and seemed resolved to éompensate by extravagance of demonstration for any coluness or neglect m the past, igagement at the leading vheatre price that no other artist could have | got or woud ¢ thought of ask: Indeed, rival managers, sensible as they were of Fannie’s unbounded | popularity and power to charm, declared the terms | wo high to leave any margin (or profit, They were 4 two-thirds of the Insurance inoney as & compromise, | mistaken. She created not only an unprecedented but | a wholly ananticipated furor, V possible, | ceeded Berlin in its worship of legs and in its rhap- | sodies over therr enticing own: he house was | | packed night alter night; the rates of admission wero advanced, and suil the crowd was in nowise dimin- hed. The tickets were speculated 1 at exorbitant figures. In short, the whole town wi Elssier mad, and Eissler very sanely managed to profit to the utmost by its madness, Passion, She has often been charged with pecuniary seems, at least partially, to have been and the cha deserved, Never parsimonious, and fi tly prodi« | some persons who CONNU! All the Old World capitals have thts connabial weak- ness. Klswier had 7 offers in Berlin, Ling Lon.’ don and Paris. In the jast capital the late Dr. V: physician, politician, journalist and director of the Grand Opera—wished to mako her his wite. He was not a fortune hunter either, for be was himself very rich. Luckily for him, she refused him, ag she had re-. fused every other candidate for her should be eternally grateful to hor. MER RETIREMENT. Elsaler’s tour in the States is tremely lucrative. After her retarn to filled an engagemont in St. Petersburg and and earned no end of roubles. She thes lived in com- es retirement for nine SS and ia 1861 gave a le" th s i i 3 w farewell periormances in e tage forever. M7 rr Feng za she sul * nea teen years ago, an is repuied te be ramneneely rich, thought have been told that she bas lost bad S—,. bg: bas a also, nt generation know litte ot called here, aT 1oMR. very having fow friends, as yey A ogy hs ‘iad’ she bas peter gal im the things that age Sige vanity, #ho a loved to get irtieaiar how aicew ber profession rod sal oe, ro mingly eager, it 1s said, to receive present even beak brea, ‘from her’ inumate frie aod she has been kpown to convert the former yond tens of thousands i joney that into cash whea of the old ones lier m9 ze i Fravon sinc, Isl, Fanaa i one Coy mg and the other ie Nata aye be tain es al declining ‘years without