The New York Herald Newspaper, September 2, 1876, Page 8

THE COURTS. Important Decisions of the United States Supreme Court. A MILITARY ORDER THAT WAS VOID What Are Public Lands Under the Act of 1851. IN THE CITY COURTS. BUSINESS ‘Thomas Donohue and James Finuell were convicted of larceny by trick and device at the Court of Speciay Sessions on the 25th ult, and sentenced to the Peni- fentiary for tho term of six months They were brought before Judge Dykman yesteruay in Supreme Court, Chambers, ou writs of babeas corpas and certio- rari, sued out by their counsel, Mr, Edmund E. Prico, who contended that the prisoners were not guilty of any ofence whatever, Mr. Price asked that very swall amount o! bail be taken aud the prisoners | erated, After an ins; ‘on of the evidence bail was fixed as suggested Ly counsel tn the nominal sum of $100 each and the prisoners were discha: SUMMARY OF LAW CASES, Quimbo Appo, H. Kostos! Lee, William Charley, William J, Archer and Ah Lung, who were arrested and held on a charge of peddling cigars without a license, Were discharged yesterday alter two woeks’ confinement in Ludlow Street Jail. Frederick Keuel, who was arrested by Deputy United States Marshal Bernard on a charge of forging bills of exchange toa Jargo amount in Hanau, Prussia, was sent back to Germany yesterday in chargo of the cap tuin of the steamer Frisia, he having been committed under the Extradition treaty. John Wackole, Robort | | wh Ip the suit of the New York Central and Hudson | River Kaiiroad Company against Elizabeth W. Die, Which Was tried some time sjuce in the Supertor Court, and reported in the Hexaty, Judgo Speir yesterday, on mouon of Mr. Loumis, the counsel lor plaintiff, granted au extra allowance of $349 7 Ib the suit fora jong ime pending in the Supreme Court, in which Thomas F, Mason 13 plainull and Wiil- jam M, ‘Tweed and others defendants, the fuets of which have already appeared in the Hexatp, Judge Dykman, in Supreme Court, Chambers, yesterday made an or der discontinuing the action against Jolin C, Haliazan, oue of the defendants, and Vacating the note oi lis pendens agaiust all tue other deicuduuts except James Armnstron Judge Dykman, on application of Mr, Wilham F Howe, granted yesterday an order of arrest sgainst Daniel Shi ashingion Market car to answer a assaulting Michael Fuchs, a farmer, of Newtown, Ll. LA dispute arose as to the locauion of the compiainant’s wagon. Fuchs 1s now in the bos- pital, apd there are fears of lockjaw. Shea gave bail to auswer tho charge, POLICE COURT NOTES. John Ernest, a French pedler of notions, living at No, Wooster street, was arraigned betore Justice Flammer at the Washington Piaee Police Court yester- day on @ charge ot burglary. Detective Murphy, of the Eighth precinct, who made the arrest, explained the fucts in the cuse to the Judge. The prisoner bad been seen in the house and endeavoring to break into the Foom occupicd by the plaintit! previous to the discov- ery of the robbery, Judge Flammer held him in de- fault of $1,000 bail. Mary Ann Robertson, aged nineteen years, who said ebe worked in a restaurant and lived at No, 611 Greev- wich street, was arraigned before Justice Fiatinmer at the Washington lace Police Court yesterday on charge of having feioniously assaulted Catherine Mor- gan, of No. 613 Greenwich strect, by throwing a razor at her head, injuring her severely. She denied ihrow- ing the razor, und clsimed that Mrs Morgan bad knocked her down and kicked ber, She was held to answer in nominal bail. On the compiaint uf Officer Gerner, of the Society for the Prevention of Crucity to Chiidren, Ellen Fox, of No. 69 Baxter street, wax held jor trial at the Essex Market Court yesterday ter compelling hor dauglier Ellon, aged nino years, 10 beg along Broa Jobn Coflee, a young rutftian, living at ‘Thirty-second street, was arrested by D pie, of the Hudson River Railroad Company, for steal Ang & patent brake, valued $50, from one of the com- Pany’s cars at the depot, corner of Thirtieth street and Yenth avenue, A companion of the prisouer, named Peter Thompson, escaped, aud has not yet been ar- rested. On veing arraigned belore Justice Flummer, at the Wasnington Place Police Court yesterday, Coflee was fully committed for trial in deiauit of $2,000 bail, Bracken, aged iiftecu years, Mth street, was brought up at Y, for stealing filty copies of the gram {rom another newsboy, named John McMahon, of No 201 West Twenty-fourth strect. Tho boy, on being asked what he had to say on his own bebali, Suid that he had been robbed of His own papers, aud that those he had snatched from MeMauon were the same. He was held for trial. UNITED SLATES SUPREME COURT. DECISIONS, Wasuixeox, Sept. 1, 1876, TUE RETURN OF SOUTM CAROLINA TO TUB UNION—GEN- RUAL CANSY AND THE COURTS—a MILITARY OKDER THAT Was VoID, No, 146. Henry H, Raymond, plaintit tn error, va. William M, Thormas—tn orror to the Supreme Court of the State of South Carolina—The facts in this case, as Gisclused in the record, are somewhat {involved and complicated. So far us it is necessary to consider them for the purposes of this opinion they are not voluminous, On the 25th of August, 1863, Mary Raymond bought the defeadant in error, a small house ated In Greenville, SC, for before Justice Court, yesterd Fiammer, sit te ‘ification of peace between the Confederates aud the United States, or before, at her option, with en- Huai iulerest irom tho Ist day ot September, 1803, Tue premises were conveyed at the ume of sale, aud the grantee gave back a mortgage to secure the Payment of the note. On the 23th of May, 1806, Yhomas filed hts bill m the Coart of Common Pleas, of Greenville county, to foree ose the mortgage, The vendee answered. The case was heard in July, 18 botore Chancellor Johnson. The Chancellor held that the note was intended by both parties to bo payable in Coniederate money, aud that, ia view of ali the circumstances, tho amount of — principal equitably duc upon it was $2,500, The case was referred to a Masier to compute the aggregate princi pal aps inicrest due upon iis basis, tus decree upon the appeal of Thomas was utfirmed by the Court of Errors of the State at ite December ‘Term, i867. On the 258 of January, 1568, Cuaucellor Carrol sitting ia the Common Pieas, cocreed that the tonformity \o the Master's report was $3, unicss the sum was paid as directed the Commissioner Bhould sell the premises, aud that if the proceeds were sufficient to pay the debt and costs, the complainen: might issue execution for the balance, On the 2th of May following General Canby issucd fn order whereby he annuiled this decreas The order Contains a slight error in the description of the decree, Dut the meaning of the order is clear. Ancy is, therefore, Immaterial, On the 24h of Decem- Der, 1808, the military order non vbdstante, the Com- Biissiuner reported that he sold the premises for $1,005, ‘On the 2d of January, 1869, Mary Raymond tiled ber Vill iu the Court of Common Views, Charleston county, Setting forth the facts above stated, and turther what the Shoritt of that county was about to proceed to cul lect trom her the balance stili que upon the decree, amounting to $2, She prayed that Tuomas and ali otuers be perpetually enjoined trom enioreimg the lecree, The Court deereed accordingly, subse- quently Gaillard, the purchaser, and Thomas answered, Bnd moved to dissolve the injunction, In July, 1509 ‘his motion was overruled and tue injunction again or- dered to be made perpetual An appeal was taken 10 the Supreme Court of thw State, but tailed (or waut ot ution. In December, 1870, Thomas obtained We to aimend wis original Bi of foreclosure. £0, soiling forth, among other things, tbat (ue original delendant, Mary Raymond, bad died, aud that Henry H. Raymond bad been appointea ‘her executor and making him a party. in due time be answered, den ing that be was either executor or adminisirator of the decoased, and insisting that he was not Answer, and that vo decree could be takew against bum He avmitied that Le wax in possession of Ler estate, and averred that he was ready to pay all her just debt Yhe amended bill and auawer set forth other tin Ot hecessury to ve Fepoated Ihe case in this new aspect came on to be heard. It was decreed that the Baie of the mortgaged premises bo contirmed and that the purchaser lave a writ of assisiance to enable | Bim to obtain possession, and that the com- pluinapt have leave to enter up a judg. Ment againat the defendant for the balance due lim, and interest and costs as belore decreed. I Thereupon removed the case by appeal to the Supreme Court of the State, Where the judgment was affirmed. It is decided that the Stave bh regularly returned to the Union under the acts providing tuerefor, and that the oruer 0: General Canby was without warrant of authority. It whoily annulled a degree regularly mac by competent authority in a plain case clearly within jurisdicion, ana where thore was no pretence of aby uo- fairuess, of any purpose Lo wrong or oppress or Of any etion whatever, It was an arbitrary svretch of Sutbority to no good end that can be imagined. The Order Was Void. The Supreme Court decided correctly, Allirmed. Mr. Justice swayne delivered the opinion, COMPRNBATION POR XXTRA OFFICIAL SKRVICKS—SUCH A CLAIM AS A SET-UPY AGAINST THX GOVERXMENT—RULES GOVRRNING IT, No. 155. John Hall et al. vs. T! United States—Ia error to the Circuit Court tor tho District of Minue- Seta —Fitteon hundred dollars per annum are allowed which she | gave Lim her note for $7,000, payable six montus atter | nt due in | 5 62; that The discrep: | | formed by him NEW YORK HERALD, SATURDAY, SEPTEMBER 2, 1876.—-WITH SUPPLEMENT: to collectors of internal revenue as salary for their services and that of their deputies, to be paid quar terly, Commissions, ip adaiden to salary, are also al- lowed to such ollicers, to be computed upou the arnounis by them respectively collected, paid over and accounted for, under the instructions of the Treasury Department, as tollows:~ Tbree per cent upon the rst $100,000, ove percent upon all sums above $100,000 and hot execeding $400,000, Such an olticer aay also | keep and reuder to the proper vilicers of the Treasury ap account of bis necestary and reavonable charges tor stationery and blank books used in the performance of cial duties, ana for postage aciually paid on rsand documents, received or sent, and excl ¥ relating to official business, and if the uecount 18 approved by the proper accounting olticers the Col- lector 18 entitied to be paid for the same, but the pro- vision is that bo such uecount shall be approved uuless it shail state the date and the particular items of overy such expenditure, and shall be verified by the oath or xilirmation of the Collector, Two provisos are annexed to those enactinenis—First, that the salary and com- missions Of no collector, exclusive of stationery, blank books and postaye, shall exceed $10,000 in the aggre- gate, hor more than $5,000, exclusive of the expeuses lor rent, stationery, biank bouks and postage, aud pay of Jeputies and clerks, to whieh such Coliector 13 actualy amd necessarily subjected in the adininistra- tion of his office; second, that the Secretary of the ‘Treasury be authorized to’ make such further allow- ances, Irom Mme to time, as may be reasonable, in cases in whieb, trom the territorial extent of the dis- trict, or from the amount of Internal duties collected, or trom other circumstances, it may sect just to make such allowances. (14 Statutes at Large, 231.) Sufticiout appears Lo show that the principal cefendant was duly nnted Coligetor of Internal Revenue under the act gress in that case made apd provided, and thas the 1oundation of tue suit 1s the offen! boud given by the appotutee for the taithiul discharge of (be duties of the reaches of the couditions of the bond having been titted, as alleyeu, the United States commenced action’ of debt in the District Cour. against the ipul aud lis sureties, claiming the penalties of the ervice Was Inade abd the defendants appeared pleaded—First, non est factum; second, periorn third, set-off 1a the sutu of $5,205 06 1OF money Umnead vanced, pid, laid Out and expended by the defendaut to and Jor the’ use of the phauiitts, ahd at their instance, for the work and labor of the delenuant and is servants aud deputies, doue and pers such collector lor the plamttts, and at their iustance and request, The judgment Uclow was lor the goverument and itis bere affirmed, the Court holding that compensation for extra services, re Lo Gertiil Tule i# UxXed bY jaw, cannot be allowed by the heud of a department to any officer who has by law a Uxed of certaiy compensation for bis services in the olice he holds, unless the depastinent ts authorized an prin bond, and au veiore t to do so by au act of Congress, and that such a ciaim | for extra Services cunuot be allowed iu cuch a case as a sel-oll against the governinect unless the compensa- tion claimed was txed by law, Mr. Justice Chitord delivered the opinion, ST. LOUIS AND THE TITL TO JEYPEKSON BARRACKS— THE PLEA OF DURBYS AS APPECTING & COMPROMISE, No. fhe City of St Louis, appellant, vs. The United 8 ppeal from the Court of Claims. —ihe subjye this covtroversy is the title to the lund of known us Jellorson Barracks, consisting of about 1,700 acres, ilve miles below the city of St. Lous. lt'hes within the lines of u survey of ‘the cotmtuous of Ca- rousciet, contaming a much larger quanuty—nooriy 10,000 ucres, ‘The present suit Was iustituted im the Court of Claims to 1809 by the city of Carondelet, As | the jurisdicuion of that Court was doubted Congress, by | acres more than tke 6,000 arpents. the Washington Place | Tele- | 5 | June, 1839. | He did | bound to | mond | | emptioi 1873 (17 United States Statutes, 621), specialiy od it Lo entertain jurisdiction of the coutruversy. 1 Carondelet having become merged in the city or St, Louis by an act of ihe Legisiature of Mis souri the Jauer city was substituted us jluinuil A decd conveying the land in controversy to the United States was inude by the city of Carondelet on the 25th Gay of October, 1804, and IC i# NOL Coptroverted that the authority under which this Was doue was suilicient, Aud if this deed be held to be otherwise valid it ae- cides the controversy in favor of the United States. Its validity is denied, however, on the part of the pluinuiff, on the ground that it was without considera on, and that 1 Was linproperly coerced jrom the au- thorities of Carondelet by the oficers of tue gover: twho had charge of the Department of Pabuc Lands, by an unjust and illegul exercise of authority in ‘Lhe enty | retusing to coniirm, and threatening to set aside the survey Wale we have already mentioned, of tue Ca- roudeiet commons, und exacting Uhis deed us Lhe con- dition of their acquiesceace iu thal surve; On the other side, the deéa 1s supported as a just and equitable compromise of a long existing controversy, both us to the correctness of that survey and the right of the goverumentto the ground known as Jeflerson Bar- racke. The origin of the claim of Carouuclet was a concession of 6,000 arpents of land adjoining the Village, made iu 1796 by Zenon Tradeau, Licu- tenant’ Governor of Upper Louwiuna, An at tempt to give locality to this concession was made by Soulard (who describes hineell as a surveyor cowussioned by the government), in December, 1 but the iirst actual survey was made in 1818, by # ho was depuiy under nis father, Wulliain Kee- 2 or of Public Lanvs tor the Territories of Hitucis and Missouri, ‘The Court of Claims tinds that though the feid notes of this survey wore filed in the Surveyor’s oflice it was never approved by him, But iu the year 18v4 Khas I. Langham, Surveyor General at St. Louis, caused J. C. Brown, one of his deputies, to retrace and re-establish the lines of Rector’s survey, and when the resuit of the work was returned to lis oltice he approved the survey and the same was duy liled in the otlice of Recorder of Land ‘titles in Mis- souri, who thereupon certifies that the title was by him ‘duly confirmed of the village to ther cluim as coumons of 6,000 arpenis of land, ag shown by that survey. -Sigthousaud arpents aro gargpalont 10,6, 104 rr The survey coutained 9,905 acres, and the Court of Ciaims.tiuds that, aflor dedacting trom that quantity the Jefferson — Barracks claim and all private claims, there still reamed nearly 1,000 There 18 no ev dence that this survey was ever brought to the atten. tion of the Land Department in Washington until in that year tho Surveyor General at St Jos seems to have culled the attention of the Dis- trict Attorney of the United Stases for Missouri 1 the survey im connection with the Jocation of Jefferson Barracks, and the letter baying been transmitted to the Secretary of War an investigation of the whole taatter was instituted by the Comiissioner of Public Lauus. ‘Tuik resulted 1h au order made in 1841, vy Commissioner Whitcomb, to Surveyor General Mil- burn, directing a Lew survey of tuese commons, on the principle of reserving 1,702. weres for military [ur- poses at Jefferson Barracks, allowing 6,000 urpents to Carondelet for her commons, aud restoring the balance hot covered by private claims to sale as public lands. This order Was not carried Out, and subsequently a deed was made by the village to the United Stuutes of a portion of the land, which was to revert to the village Wheu no louger wavted tor military purposes, ‘the goveruient bas since been in porsession, Alorward The department at Wasvington having decided that the y Was not valid, und the village, getung sy as to Its Litle, proposed to give the government tie tee of the barracks (a8 a compromise) In order 10 Temove cloud from its title to the balance. ‘This was. done in 1804, and the claim Bow made that the cireum- siauees of the cuse amounted to duress, und thus vitiated tue deed of the tee, 18 held to be untenable, and Ue transaction is sustubed, the Court holding the compromise elected to be valid, Aflirmed. Mr, Jus- tice Miller delivered the opmion, SPANISH LAND GRANTS IN CALIFORNIA—WHAT ARE LANDS UNDER THR act ov 1861 !—rue act D. Newhall, appellant, va Charles W. Sanger—Appeal trom the Circuit Court tor the District Of California. —The object Of this suit is to devermine tho ownership of a quarter section of land in Calitoruia, ‘The appenee, Who Was the complainant, claims through the Wester Pacitic Railroaa Company, to whow a patent Was issued in 1870, in professed compliance with the requiren of the wets of Congress, commuuly known as the Pacific Railroad acts, ‘The appeliant ue- rives title by mesue conveyance from ouo sum Dayton, whore patent, of « later date than that issued by the company, recites that the land was within the exterior jumits of a Mexican grant, calied afoquelamos, and that a patent had by mistake beeu issued the company. The Court below decreed that the appelice was the owner in fee simple of the land, and thatthe patent under which the appellant claimed, so tur as it related to the land in controvesy, should ‘be caucetied. | The act of July 1, 1862 (12 Stat, 4 certaiu railroad companies, ° by subsequent — legislation ory aiternate section of public land ai odd ‘numbers within ten miles of eact side of their respective roads, not sold, reserved or otherwise dis- posed of by the United States and to which a home. Stead of pre-emption claim may net have attacked at the time the line of the road is dedntiely fixed, It re- quires that within # preseribed time a map designating the general route of each road shall be dled tn tue De- partment of the Interior, und that the Secretary thercot shall then cause the lands within a certain distance [rom such route to be withdrawn from pre- private entry and sale. The previse date of the Western lacitic road 13 uot stated grauis to bes the location of iu the record, but the iniereuce is that it took place be- | tweeu the first day of the December Term (1864) of this Court aud the ith day of February, 1803, Avail events, ihe withdrawal for this road was made on the Bist day of January, 1865, und the recorus of the court show that the Moquelamos grant, which b ssiouers, us the uct of March 3, 1861, and duly presented appeal, wus rejected bere Feuruary 1, 1903, conceded fact that the lauds embraced by 1 ial limits of the railroad grant, Whica were en- datory act of I8é4." (US, Statutes, \ This uct also declares that any jands granied by it or the act tu whieh it is au amendinent, “shall bot deleat or iinpair any pre-empuion, homestead, swamp land of other lawful clam, vor include any goveriment reservation of mineral lands or any provements of auy bond fide settier.”” There can be ho question that, by the withdrawal in question, the grant took eflect jrom such odd Buimbered rections of ic lands within ue prescribed limits as were not excluded from its operation, aud the question arises whether the jands within the boundaries 0: au alleged Mexican or Spanish grant, wireh was then sub judice veen regularly presented to the Com der Congress under which the patent wuercon the appel- leo's Utlo resis was issued to the railroad company. Ibe subject of grants of land to aid 1m Consiructing Works of tuwernal improvement was fully considered at the pres- eut term in the Leavenworth, Lawrence and Galveston Railroad Company vs. The United States. He they attached only to 80 much of our bational domain 4s UNgbE be Sold OF otherwise disposed Of, and that they Wid HOt CMbrace tracts reserved by comperent aulhority for aby purpose ur in aby manner, aituough no excep tion of them was made in tho grauts themselves Our n conlined a graut of every allerpaie section of ‘jwnd” to such Whereto the complete Utle was abso lutoly vested im the United states, The ucts whieh govern (his case are more explicit and leave less room for construction. Tue words “public lands” are babit- ually Used in our legisiction to deseribe such as aro Subject to sale or other disposal under general laws ‘That (hey Were so employed in this instance i evident, frou the fact that to them alone could, on the locauon, of the road, the order withdrawing the lands irom pre- emptiou, privaie entry and sale, apply. Tho uct of 1851 18 cXamined, and the decis: hat, where pro- coctings are abandoned under it, aller an adverse de- cision by the commission created to decide upon eof which the Western | | on the 30th uit, { | id thas | claims, the failure to prosecute further within tho time preserfded by the statute rendered it unnecessary to reserve the lauds claimed trom setUement aud ap- propriation, They then begame public lands in the Just meaning of that term, and were subject to the dis- posing power of Congress, and it is said that there is bo legislation conflicting with this constraction of that act, As the premises were not public lands at the date of the nt or of their withdrawal, by reason of the claim in question, it follows that bey did not pass to the railroad company. Reversed. Mr, Justice Davis delivered the opinion; Justices Field and Strong dissented, YELLOW FEVER DANGERS. IMPORTANT LETTER FROM THE PRESIDENT OY THE BROOKLYN BOARD OF HEALTH. ~ Ovvicu or tux Boanp oy Hearn, BRooktyy, Sept. 1, 1876. To tux Eviron ov tur Hekary:— A communication from Whiteball, N. ¥., in your Paper of this date in reference to a case of yellow lover, which upon resulting fatally was removed trom this city to Whitehall and there interred, requires a brief Statement of the facts in the case as they actually oc- curred, About two o’clock on Sunday, August 27, I was ac- costed while on a street car by a person who presented a death certificate (see certified copy) tilled tn due form aud signed, with a request fora burial porinit, and with the verbal statement by the messenger that the body Was to be removed at six o'clock P, M. that day. Itis understood that I keep blank burial permits at my pri- vate office for emergencies during such times us the public offive is closed, I directed the certificate to be jeft on my private desk and the permit to be called for in an hour, This was done, The foliowing day, the” 28th, upon my entering the Health Ofice 1 found the doctor who had given the death certificate at the secretary’s desk making a re- Port of u cage of contagious disease (see certified copy), and, to iny surprise, I found it was the case in which [ had the previous day (Sunday) granied the burial per- mit Which wccompanied the body. Had the report of contagious disease been presented at the prover tine as required by law (seo seetions 123 and 124 of tho sanitary code), or had the certilicate of deatu beeu truthiully made, no permit for removal of the bovy beyond our local cemeteries would have been granted, Upon the facts coming to my knowledge ovory pre- caution was immediately taken by disiniecting, sulphur fumization of premises, removal beyond the city limits and burging of all carpets, clothing, bedding, &c , that had been used by the patient or exposed to infectian, While I aecply sympathize with the ihabitants of our own cily, 48 well 4s With the eltizens of Whitchall, I caunot fee! myself to blame for this oceurrence, ‘The public will see that the gurial permit is given by the Health Board ujou the certificate of death as ture nished by the attending ph in, the verity of which when made by u regisiered practitioner, 1s un- questioned. Its entire talsity in this case tas led to 18 just mdignation, which, however, should bo Visited upon the person who unde tho false certificate and jailed to report tho case, thereby twice vioiating the sauitary code which Was made for the protection of the public, and not upon the one who innocently granted the burial permit OTTERSON, M. D., President Board of Health. l hereby cortify that these avcuments are true copies of the certificate of deata ip the oftice of the Board of Health of Brooklyn. FRANCIS H. STUART, M. D., Registrar. CERTIFICATE OF DKATH, Ss y color, white married; occupation, ot.gincer; birthplace, New York State} place of death, No. 71 Cranberry street, First ward; num ber of tamilie two; what floor, first. eraby ce wed from August $16, to deceuse; that I last saw Lim ulive on the 27th hugs i that he died ox the 27th day of Au ‘ut twelve o'clock M., aud that the causo of gust, IST, his death was :— First (primary), Jaundice; second (immediate), malignant biltous fever. [Allthe above information should be farnished by the physiciun,) Hace of buriul, Whitehall, N. ¥.; date of burial, August 27, 1876, Undertaker, Juines Mes ariaud; place of business, No. 14 Nassau street. sued By JOUN G, JUHNSON, M. D. Medical Attondant. Address, No. $1 Henry street. [414 BROOKLYN, August 28, 1876, REFORT OF CONTAGIOUS DISKASE. ‘To the Board of ieaith, No 66 Court street, Brooklyn :— Na atient. James Hunt: age, 40; residen TL cet, First ward; d of Jamilivs in house, two; condit: Sigued. Residence, No. 81 Henry »\ DARING HIGHWAY ROBBERY. Early yesterday morning Roundsmaa Walton, of the yel 1 of premises, poor. fever; humber JOUN G. JOHNSON, t. | Seventeenth procinct, while on patrol through Second avenue saw two men running toward him. He stopped and arrested them. ‘They proved tobe George Ryan, alias the “Chicago Chicken,” and Georgo Van Dorn, alias Reed, both noted thieves. Almost immediately ter Mr. Samuel Berrow, an aged merchant, residing at No. 69 Seventh street, came up and’ mformed Kouydsman Walton that he-had been clubbed. knocked down and robbed of bis watch by 1Wo men, whe bad escaped, He ai once identided Ryan and Van Dorn as the men who had robbed him. On searching the pris- overs Mr. Barrow’s watch wus found in Ryan's pocket, Ryan had in uis possession a claspkuife with a blade jour inches long, and Van Doro had in bis back pants cket abeavy cbony clab, with which Mr. Burrow d been assaulted, Both’ prisuners, on being ar raigned before Justice Smnith, at the Essex Market Court, were held to auswer. THE MAGGIE BAUER MURDER ‘There was a rumor yesterday to the eifect that Kate Hollman, under arrest and confined at the Jamaica Town Hall, on suspicion of murdering little Maggie Bauer, had made a confession, in which she timplicated a man named Richard Stilwell, @ resident of the neigh- berhood in which the murder was committed, Sul- well was only recently released from State Prison and is known to have been intimate with Kate. The oflicers deny that Kate has made any confession, but are inclined to the belicf that she bad help in the com- mission of the crime, from facts which have come to their knowledge since the last sitting ot the Coroner's Jury. Kate is kept very closely coutined, and no one is permitted to visit her, not even a Catholic priest The testimony of the physicians will be submitted in writing to the Coroner's jury ou Monday. It certities that death was caused by sirangulation, and that the accompanying outrage Was committed with some blunt instrument, probably a prouged stick, as indicated by the character of the lacerations District Attorney Downing bas been ‘toliowing the case up closely, and the resuitof his investigations will probably be indie cated on Monds; FATAL ACCIDENTS, Patrick Lamey, aged thirty-eight, of Brooklyn, while at work on board the steamer Somerset, at pier 18 East River, yesterday morning, accidentally fell down the hatchway and was instantly killed, Coroner Eickbotf was notitied. Margaret Morris, two years old, of No, 261 avenue A, fell down stairs on tho 28th ult, and died yesterday from her injuries, Coroner Eickhoff will investigate, Thomas McCall, aged thirty, ot No. 322 Bast Thirty- third street, rau arusty nvil into his foot about two weeks ago, and died yesterday of lockjaw. Coroner ‘Croker yesterday held un’ inquest in the case ot Madeline E. Watson, aged ten years, ot No. 333 West Filty-third street, who was run ‘over and. killed A verdict of accidental death was rendered, John Martin, aged fifty six, died yesterday at the Presbyterian Hospital from ‘injuries received, sou gays Previously by a lager oeer keg falling upon his eal, Coroner Eliinger yesterday held an inquest tn the case of Margaret Holatein, aged nine yours, of No. 250 East secoud street, who was run over aud killed on the 21st uit, by a horse car, A verdict of accidental deuth was rendered, Mary Luqueer, aged eighty-three yoars, of No, 32 West Forty-niuth street, while alone im her room Thursday afternoon accidentally set tire to her clothes from a lighted candle and was so badly burned that sho He yesterday, Coroner Croker will take charge of 0 case. CENSURING THE POLICE, Coroner Croker held an inquest yesterday morning in the caso ot Frederick Schweitzer, aged eighteen, of No. 448 Weat Filty-third street, who was accidentally shot by Peter Mimmer on the 27th ult, The jury brought im a verdict of accidental death, and also censured the police for not notilying the Coroner, 80 bat 4b ante-mortem eXamination could be taken, and or not arresting the man who killed the deceasod, THE RIVER'S DEAD, The body of an unknowao boy was found arowned yesterday morning at pier 21 East River, Deceased was about fourteen years old, four feot nine inches bigh, are public lands within’ the meaning of te ‘act of | Had Black hair, light complexion and wore white shirt, dark pray pants, no Vest or coat, dark striped sus- pendors and Jaced shoes. The body, which hud been in the water a jong time, was much decompowsed, Coroner Kickho took cuarge of the case, EXCISE STATISTICS. During the month of August the Board of Exciso granted 1,248 licences, receiving for the same the sum of $65,657 25, The total number of licences granted Since the Ist of May, when the present Board wont in Power, 18 5,934 The total receipts since thet period are $182,874, DEATH OF AN OLD OFFICER. Patrolman Danict D, Sutton, of the Sanitary Com- pany, died yesterday of paralysis, The deceased was one of the oldest officers on the force and bore an excellent record, He was appointed in 1857 and Assixhed to duty in the Eleventh precinct, trom which | he was alterward transferred 10 the Hapitary Company. BROOKLYN NAVY YARD. VICK ADMIBAL ROWAN RELIEVED FROM COM- MAND BY COMMODOBE NICHOLSON. Yesterday an important change took place at the Brooklyn Navy Yara, where, in accordance with the command of the Department at Washington, Vice Ad- miral Stephen C. Rowan was relieved by Commodore J. W. A, Nicholson, Adintral Rowan, who bas been Commandant of tho yard sipce August, 1872, bas been on leave of absence for several months and Captain C, W. Temple, the acting Commandant and executive officer, received Commodore Nicholson, Shortly after ten o'clock @ platoon of marines, under command of Lieutenant Robinson, formed in line on the main road- way leading from the York street entrance,ia front of the Lyceum. The heads of departments aud obxers: of the receiving suip Culorado were also in lice. At hulf-past ten the commands ‘‘attention” and “carry arms” were given, and the band struck up “Hail to the Chief!” which events signaiized the approach of the Commodore. The new Commandant was received by Captain Temple, and the marines presented arins, a salute which he acknowl- edged. Entering the Lyceum the relieving ollicer was presented to ail the officers ot the yard. From the gun deck of the frigate Colorado a salvo of fifteen guns Was fired. At the same time the cusign of the Colorado was dipped Tuo flag of Commodore Nicuolson was then hoisted on the Colorado, the crow cheered, and the Minnesoia dipped ber ensign aud fired 4 salute of eleven guns in honor of the new Commandant of the station, The officers ropairea to the ollice of the Com- mandant, Where they pussed au hour in iriendly con- Yersation, and Secretary Martin was introduced to the retiring Secretary, Mr. Yardley. A tour of tbe various departinents of ihe yard was then made, and tl workings of each bureau were explained, Commodore Nicholson, whe is a native of Massachusetts, eutered the navy from the State of New York #ebruary 10, 1838, und 18 now in bis fitty-second year, He has seen twenty-one years and seven months’ goa service, ten years anu two months? shore duty and six years and bine mouths on leave or waiting orders. the rebel. lion be distinguished himsell at Port Royal aud Mobile Bay, Subsequentiy he had charge of the Department of Navigation on this station up to 1873 November 8, 1873, he was coininizsioned as commodore, and bas cently been a member of the Exumining and Retiring Board at Washington, Vice Admiral Kowan, whose administration of affairs on this station won for him respect and admiration aimoug the peuple with whom he came in contact, is upward of sixty years of age. 4s midshipinan 3b the United States Navy February 21, 1826, and won a splendid record in his protesmon. He was appointed trom the State of Ohio, but was born in Irclaud, Ho bas secu twenty-five years’ sea service. FIGHT ON THE WILLIAM COOK. 4 BRUTAL MATE—THE CREW CLUBBED INTO ORDER BY THE POLICE. On the moonlight excursion of the steamer William Cook on Thursday evening there wero about 690 pas- sengers, a large number of whom wore from Brooklyn, The William Cook 1s one of a@ regular line of boats, consisting, besides herself, of the Americus and Never- sink, that ply betwecn this city and Rockaway beach. ‘The fare for the round trip is fitty cents and the tickets are good on any steamer of the line Many persons on Thursday morning went to Rockaway intending to re- maia all day and return on the Cook late in the evon- jog. Tickets for the “moonlight excursion” were sold at the samo rates as for regular trips and employés of the company informed the purchasers that they would bo good for a passage by the Cook in the evening. On the homeward trip of the Cook on Thursday evening tickets were collected on board by the clerk, assisted by the ‘mate,’ as he styles himself, but’ who 1s nothing but a’ deck hand. In going bis rounds the mate found twe young men, named W. H. Wright and G. Wright, of Whitney’s Point, N. ¥., Who had regular tickets, These he reiused to accept, for the reason, a8 he stated, that the trip was not a regular one, and con- sequently they must pay their fare. The young men were intimidated by bis rough and brotal maaner, and gave him filty cents and ihe ticket too. Tbe clerk, meantime, who was under the influence of liquor, was collecting on the other side of the boat. Peter Du: nigan, of the Brooklyn police force, wife, mother and Thomas Culkin, of No. 4 Truck, Brooklyn Fire De- partment, bad’ tickeis io the same manner. Tho clk relused to accept them, and do- manded tare for the entire party. ‘This was re- fused, and the clerk called the “mate,” seemed to be also the bully of the boat. The mi came prompuy, and, swaggering up to Culkin, snatched bis bat from bis head, saying “1his g00d tor tifty cents, anyhow.” Culkin promptly knocked the brate down, and immediately thero ensued an almost in- describabia scene. The crew, who seemed to huve Deon waiting for such an opportunity to display the: muscle and their brutality, rushed at Culkin, the mat sbouting **———— him ‘if be wou’t pay’ his fare; throw lim overboard.”’ The passengers rushed to the Spot and soon the mélée became general, Women shrieked and made tor the lower deck, the musicians of theband hurriedly gathered their instruments and followed them, The clerk did not seem to tse any endeavor to stop the dis- graceful scetie, but, on the other hand, accommodatingly held up bia laptern that the crew might see whom to strike, Th@ tries and ~waths wase terrible for a time, aud there was great dunger that some cne would ve lost overboard. A party of Brook- lyn police, Who Were on the boat, arrived ut the scene in a few moments, and, taking tn the situation, clubbed the crew between decks Captain Parks, 1t 1s but jus- lice to say, Was not on the spot when the affair began, but when he did arrive used every means to restore order, He afterward stated to the writer that the tick- ets were good and he had accepted them, A more dis- graceful scene has been seldom witnessed on our rivers, THE PARKVILLE CALAMITY. CONDITION OF THE WOUNDED—¥UNERAL OF MRS. NICHOLS—ARREST OF THE RECKLESS DRIVER. Mr. Forker, one of the injured party of Parkville pleasurists who wero thrown from the farm wagon driven by a drunkeu driver named Moses McMonigle, was yesterday reported by the physician in attendance to be in a very critical condition, bis injury being more serious than was at first supposed. His skull is frac- tured, and as he is sixty-five years of age he has not much vitality with which to combat the great shock to his system. Mrs Forker, wife of the latter, is also ina precarious condition, buviag sustained severe internal injuries Mrs Miller, Mr. aud Mrs Dunne, Misses Beil and Reed are suffering from the eifects of their injuries, The funeral of Mrs. Nichols, the young woman who was killed by the overturning of the wagon, will take place this atternoon irom the Park- ville Methodist Church, of which deceased was 4 mem- ber. ‘The pastor, who Was among the excursionists- Rev, Mr. Ashton—wili eiliciate upon the metaneholy occasion, The husband of Mra Nichols 13 recovering from bis injuries slowly. A Wurrant was placed in the hands of Constable Rock, of Parkville, by Coroner Simms on Thursday last for the arrest of Moser MeMouigle, the reckless inebriated driver, whose rash act bus been tho cause of so much ‘misery, but as it was ascertained by the — Coroner yesterday that Rock had not executed the warrant, a conterence was held with District Attorney Snell, the Tesult of which was that the warrant was given to a special ofticer. MeMonigle, who bears a good reputation in nis neighborhood, will be arrested and locked up at Raymond Strect Jail to awuit the action of the cor- oner’s jury. THE ONR OF THE RINGLEADERS CHARGED WITH AT- TEMPTING TO SHOOT AN OFFICER. For some time past the residents in the neighbor- hood of Greenwich and Rector streets have been con- siderably annoyed by « party of young rufians known to the police and tho public generally as the “stable gang,” who usually congregate on the corner of Rector anu Washington strects,aod other corners in that vicin- ity, disturbing, by their drunken orgies, all respectable citizens living in the adjacent sireots. On Thursday night Officer Jolin M. Jordan, of the Twonty-seventh precinet, while patrolling Lis post along Wasbingtou street, noticed about dozen of the scoundreis, vono of whom is over twenly-threo years of age, the corner of Rector street, engaged 1 tion that was evidently exceedingly interesting. Sugpecting trom the Tecord vi the gang t tho subject of their conference boded no good, be ondoav- ered to disperse taom, whea William Waisb, alias ‘Thomas MeCarthy, aged nineteen, who appeared to be the ringleader of the party, presented a revolver at bis breast und threatened to “Ox? bin A blow from t olticer’s club teiled the would-be murderer to the ground, when bis revolver was taken from him and he ‘Was marched to the station house, On veing arraigned votore Justice Kasmiro im tue Tombs Folice Court yesterday he denied the charge, but was held for trial in default of $2,000 bail. Thomas Ryan and Daniel Maloney, two other membors of the gang, were sent to the Isiand for six mouths each in detault of $600 bail BUSINESS TROUBLES. The proprictor of the Stacy House, Nos, 760 and 762 Broadway, Mr, James H. S. Nelson, has fiied « petition in voiuntary bankrupte; His insolvent schedule shows bis liabilities to amount to about $76,000, Charles T. Puyg, the lormer proprietor ot the Win- chester Hotel, has also filed a voluntary petition im bankruptcy. His liabilities are about $27,000, FIRES [xy BsOQOKLYN. According to the report of Fire Marshal Keady, submitied to the Board of Police and Kxcise Commis- sioners yesterday, there were thirty-three fires in Brooklyn last month. The Joss on buildings and their conients was $29,508, The insurance amounted to $57,000, Among the causes assigned for tho fires are six explozious of kcroseue oil lamps, DEATH FROM THE HEAT. Michael Aiken, aged thirty, of No. 66 Mott strect, ‘was prostrated by the beat yesterday at the corner of Mott and Bayard streets, ie was removed to the Now York Hospital, where bo shortly alterward died, He was commissioned, | this work ig pot carried on so extensively shen asin THE SICK CHILDREN'S FUND. Among the various reliefs extended to the poor in this city, through the instrumentality of the Children’ Aid Society, perhaps none 1s more beneficent, cer- tainly none more charitable, than that known as the Sick Children’s Fund. This charity is carried on ex- clusively by funds donated by the public for that pur- Pose, and under the excellent management of Superin- tendent Calder are wisely expendod tu promote the best good among the destitute poor of New York. In spite of the so-called hard times the funds this summer have come in more liberally thanever before. Perhaps tho excessive mortality among the childre:—whieh, duriug three weeks of July, covered 1,000 a week—excitod the sympathies of the charitable to greater activity. Be shat as it may, over $2,000 have been recolvea thus far, nd fully that amount has been expended for the bene- Mt of the sick and noedy. During the pust two months 766 different families bave been helped, and it is not infrequent that two or three of the children in each family require medical attendance, This special contingency 18 provided for by acorps of mine physicians who aro employed to visit the sick and prescribe for them as their cases may require. Those physicians have made an aggre- gaie of 2.550 professional visits to the sick children at their homes, and by their returos only about six per cent of every hundred have died, % arishing food during sickness or convalescence is also turnished, ‘The following table will give an idea of whut articles of food have been needed and supplied:—750 cans becf + extract, 1,300 cana condensed milk, 900 packaves of farina, 500 pounds of hominy, 56 bugs of oatineal, 56 bags of crushed wheat, 1,600 pounds corn starch, 100 boxes of imperial granu, 560 pounds of barley, 1,000 pounds of ice, 200 fans,’ besides a large quantity of tea, coffee, sugar, soup, jellies, &c. ‘As there 18 less sickness among children in winter summer, This depends largely, however, upon the mount of funds remaining a:ter the summer's work. Last year work was carried om, though on a much smalier scale, up to the Ist of April It may be ques- tioned how the poor are acquainted with this source of help. At the commencement of every season the Aid Society sends out about 2,000-cards stating that medi- cal attendance, medicine and nourishing food can be had by applying at the Relief Bureau, No. 325 Riving- TOOMBS, STEPHENS AND WEED. 4 LETTER YROM AN OLD VIRGINIA EDITOR, [From the Cincinnati Times, august 30.) Portamovts, Ohio, Aagust 28, 1876, In your paper of Tueaday last I find sn extract from a letter of the venerable Thurlow Weed tothe New York Heap, relative to ap angry interview between Messrs, Stephens and Toomvs and General Taylor, in 1350, and (he letter of Hon. H. Hamlin, of Maine, sum taining Mr, Weed in his assertion, Of that epocial in terview I, of course, know nothing, but of events bear- ing upon the matters dwelt upon by Mr. Weea I think a statement might be of interest now, and what I know of them sustains bis views of the status of the South- ern leaders at the time, From 1835 to 1855 I was the editor and publisher of the Wheeling (Va) Daily Times. All from East to West, and many from South to North, were compelled to go by boat through there, and often remained a half day or day. I bad a large, free reading room, where I did all my writing and bad all the dailies on file. You Tmay judge how attractive that wasto men who had travelled for days without news. It gave mean inti- mate acquaintance with the views of the most of ous prominent men. 1 was the earliest and ardent sup- ortor of General Taylor, knowing that, though a siave- older, he Was opposed to the extension of slavery, In August, 1848, Dr. Scott, of Louisiana, visited Whocling, and my room daily during bis stay, One day [ said:— “Doctor, do you think General Taylor an honest man?” ‘A more honest man never lived,” was his reply, “Do you think bim competent for President?” “None more so. He is a close reader and clear Ker.” May Lask, then, why you c nt to be an elector for General Cass, in your State, General Taylor being your near neighbor aud personal trend?” He replied in words that bave been indelibly im- pressed on my memory :— “Guneral Taylor, although a large slaveholder, is op- to the institution, and especially to its extension. am in favor of 1, and know Mr, Cuss will submit to it, while General Taylor uever wet for he is very stubborn. ere is another reason, If General Taylos 4s elected and lives tu get to Washington, he will surely «ie whenever be refuses to sanction any measures the ton street, and, in dition to this, thirty-five | South may propose, and I do not wish to lose a personal volunteer visitors devote a part of each day to | friend.’ canvassing the tenement houses —_ searching 1 was not so much surprised at this as I should have for cases of destitution aod sickness umong | beon, had 1 not been satistied, from other circum. the children of the poor. As soon as a| stances, what General Harrison had been poisoned case has been found itis reported to the bureau, and | through the agency of Southern democrats be- within an hour a physic is with the patient. The | cause he wold sign wu United Statos Bank Dill promptness with which food and medical aid are de- Spatched to the needy and suffering 18 the chief great work of this charity. It is sometimes asked, ‘What necessity is there for this work when there aro so many dispensaries provided tor such casos‘? The answer is this:—The dispensaries are already overrun with work, and, in the next place, application can only be made there at certuim hours—nono on Sundays. In such cases as cholera infantum, intestinal catarrh, &c., when the patient requirea immediate relief, and where an hour's delay may prove fatal to the child, is it not then a mercy that ald can be furnisbed trom another source ? Perbaps it is the mothers of these sullering children that can best answer this query, Physicians often find that nourishing food is as essential to the recovery ot the child ag medicine, and this necossary is nut fur- hishedby the dispensaries. Floral gilts are unotber feature ot this worthy charity. By means of a conservatory or hothouse many rare and beautilul plants are propagated. These ure given to the sick children in summer, and in winter pre- sented as prizes to the industrial schools, with the un- derstanding that they are to cultivate shem and bring them back at the annual floral festivals, where the number of prizes are given to those who produce the best specimen plants. Atfler that they are returned to the little horticulturists. This summer a large quan- tity of cut flowers have been donated trom ladies in the country. In tact, the income of flowers since the Lith of June average over 200 bouquets daily. Five hun- dred plants in pots have been donated the sick this Beason, besides 8,000 bouquets of flowers. Tke towers in the conservatory and garden cover nearly all species. There are bogoutas, bletias, bouvar- dius, cobias, cissus vines, cypropedias, claradendrons, geraniums, poincettea, &c., besides a large quantity of the more common specimens. No better, nobler use can flowers be put to than to brighten and to giadden the dingy homes of the poor, that migtt otherwise be cheerless, and nowhere does a flower look more beautiful and appropriate than tn the hands of a poor sick child, whose weary heart is com. foried by its sweet presence. Its to be hoped that a charity so needed will receive the prompt and continued support of those who have it in their power to Lestow. BETH ELOHIM. DEDICATION OF A JEWISH BROOKLYN. Yesterday afternoon tho new Jewish Synagogue Both Elohim, on Keap street, near Division avenue, Brooklyn, E. D., was formally dedicated in the pres- ence of a large assemblage. The congregation was founded about fifteen years ago and worshipped in a building on South First street, near Eighth’ One year “Ry the foundatioa-of tbo new edifice was laid, The structure, which is of tho modern Gothic style, is 10x54 and is built of Philadelphia brick and Dorebester stone trimmings, It bas a tower 12 feet square and 82 feot in height There are two vestibules, 10 feet wide. The auditorium js 50 feet wide and 75 foet in length. A gallery ex:ends on three sides of the building. The total seating capacity of the syna- gogue 18 1,000, The outer Lall is paved with mosaic and the interior of the edifice is carpeted with red Brus- sels. Tho walls and ceiling are covered with fresco pantings, The ceiling is arched. The wood work is of black wainut and chesinut, and the altar is handsomely carved. The organ is a fine instrument, costing $4,000, Beneath the sy uagogue 1s a basement in which a school will be held. The cost of the building was $55,000, At three o'clock the temple was opened, aud the pro- cession of rabbis and members of the congregation en- tered, the choir singing a hymn, under the direction of Professor Fribech, the organist. The bearers of the Thora, the scrolls of the Hebrew law, headed the pro- cession, which paused in frontot the altar and pre- sonted the lawsto Rabbi Isaac Schwab. The key of the Temple was then presented to Moses Kessel, prest- dent of the synagozue (the well known city contracior), The dedicution sermon was proached by Kabbi @ Gotnicl, of tho Temple Emanuel, of New York, “REAL ESTATE, At the Exchange Salesrcom yesterday the following sales were eflected :— Richard V. Harnett sold by order of the Supreme Court, in foreclosure, J. Grant Sinclair, referce, a plot of land, 225x115, on Helen street, southwest corner of Morris place, Morrisania (Twenty-third ward), to Ellis Sugden, plaiutitt, tor $8,900, Howard W. Coates sold by order of the Supreme Court, in foreclosure, A. B. Hough, referce, one lot, 265x109. 10x114.7, on Kingsbridge road, eust side, known as lot No, Sl onamap of laud belonging to’ Robert Bogardus, to Robert A. Greacen, for $1,300, J. Thomas Stearns sold Ly ‘order of tue Supreme Court, in foreclosure, W. H. Ricketts, referee, a piot of Jand, 66x112x58x230, on Old Boston road, south side, feet east of Grove street, Morrisania (iweoty-third ward), to Barbara Keller tor $7,000. KA. Lawrence & Co., soid_ by order of the Supremo SYNAGOGUE IN Court, in fore B, C. Cheetwood, ret house with lot, on East Eighty-second souih sid 50 leet east of Second avenue, toJ. H. Dean for $4,700. Hugh N. Camp sold by order of the Supreme Court, in foreclosure, Mr. Winsh referee, a three stury brick house oa tie south side of Eighty-third street, 271.2 iecteast of Third avenue, to Cuarlotte Evers, plaintify, tor $4,000. TRANSFERS. 1 fics of Grove st, G7x157 L Anderton to RK. J. Loinas...... $1,400 Madison av.. (24th ward; BS stn. s. Clarke to 7th st. ward); 0. Deliett and hu 1GiN st..'n. 8, 4d Hw, ot Stl a Davison and wite to W, B. Rice, ‘Bid ot, 8s, 180 thw. of Int a fl ardt tu C. bs esevves . ‘ 100 thw. of Lexington av., 15x 100, KR. Kdwardy aud wife to T. J. wekeo §.w. corner doth st, HLUA76N irregular; sume vo K. Edwards . Brondway, nw. corie ft. e. of “Hurnum place, nd to E.G S34 cb Williams. 3,800 KT. 35,000 20,000 38,000 27,500 40,500 50x 100; GH ar nes ot Oth ay, Lestraie tof. Wilk “ve Railroad ay.. s corner Sth st. (2K Ward) K. D. Metiraw to J. H. Ingersoll &., 100 it w. of Lextugion hoimas J. Mckee wud Ki Grano stu May and ot Ay. Aw. s, Thomas Kelly 16th stay @. Of wv A 7,000 to A. Die : . 4,000 2,000 2,500 7,000 800 1,509 | OAT. ws. es + tee oe ‘ . Jou | Lestrade, J”. and wite, to KE. Wayadorn, «Wish st... of 6th av: 2 yours... . testis 1,800 Maller, Charies and wife, to A. Langer, ¢ & Colum- bia at,» of Houston; & yours. Sersveisde © OOD | Mer re, Patri. k and wile, to L. J. Carpenter, ». a : Vth av. 1 year... ion 1,000 Malherve, and husband, to William Vouck (ex: ¥). 0. 8, Willis av., © vf 136tm st, (28d ward) that would affect State rights, and ‘yler would not ove that would operate per se. 1 said:— “Doctor, I never publish u private conversation with- out the cousent of parties, Have you objections to my publishing this??? “None atali, But I think here in Virginta it will do you more barm than good, 1 wrote it out, read it to him and he said it was core rte paanaes, 1%, aud noticed it was much copied im the Nort In 1850, about the time of which Mr. Weed speaks, I was in ington and heard much violent language from Southern inembers. On the day that General ‘Taylor issued bis first special message in opposition, as 1 think, to the fugitive slave partof the “Omnibus bill,” I was in the room of Hon, R. W. Thompson, of Indiana, There were several members present, who did pot attach much importance to it as caleulaied to disrupt the whig party. When some had leit I ex- pressed to Mr. Thompson a different opinion, and, £ believe, related the above conversation, You know the Omoibus bill was deleated, and the several measures passed separately. Before the Fugitive Slave law waa passed Genoral Taylor died, and Mr, Fillmore signed it, ‘The prediction of Dr, Scott was verified, At was well understood by those familiar at Washing. ton that Mr. Mason, of Virginia, as a delegate trom Southern fire-eaters, forced that law upon Mr. Clay as @ necessity to preserve the Union, All I know as itis this:—In 1851 Mr. Clay passed through Wheeling, and I sow 21m for the last time, Going down the whurf he stopped and said:— “see by your paper you do not like the Fugitive Slave law,” l replied:—‘‘I do not, but regard it as very oppres sive and unconstitutioaal.’” He said, very earnestly, “So do I; but what cant do? When preparing the Omnibus Dill Mr. Mason brought me that bill, word for word ag it stands, and asked me to read it, and he would call next morning, He calied, and [ told him the bill was clearly uncon- stituuional He replied, ‘I know it; but we ol the South have detormined to divide this Union. Take wy that bill and pass tt word for word, and the North wil be compelicd to rebel. If you do not wo will, That is our ultimatum.’ I had contidence that the North would preserve the Union. I had nove in the South; and as my life bas been mainly given to that purpose I ace cepted tt’? ‘The North did bear it, the Kangas-Nebraska bill and the murders of Kansas, while the South would not bear the succcss of a party who wore pledged not te interiere with ove of their rights. Yours truly, J.B. wHakToN, CAVALRY TO THE FRONT. BECRUITS SLOWLY COMING IN—HOMESTEADE FOR FIVE YEARS’ SERVICE, Steady progress is being made in recruitment of men for the cavalry service, at the feadquarters tn Hudsom street, near Laight Dr. Norton daily makes exami- nation of a number of men, the majority of whom heis compelled to reject. The headquarters in Hudson Street are large and roomy, and all the regulations and discipline of a military post are here enforced, drills, guard mounting and roll calls, Besides the recruiting going on here it is also a rendezvous for all recruits enlisted in Boston, Baltimore and Brooklyn for the cavairy branch of the service. Ninety-nine recruits have been obtained in Hudson street since the disuster has oceurred to Custer. Thore isa jarge kitchen on the premises, and the recruits get good thick soup, some of which was inspected by the HERALD reporter; roast and oiled meats, aud each man receives also'a loaf of bread per day—excellent bread it is—in three ration portions Two sets of woollen drawers, undershirts and two patra of woollen socks gre issued to each recruit; a baversack of im- proved muke, a blue, heavily fined undress flannel blouse, a large, thick, dark gray blanket anda blue képi, oF fatigue cap, ‘of as good quality as those jor. merly worn by ollicers iu tho service of the Union, After the recruit arrives at St. Louis he receives a full dress felmet of stuf cloth and a full dross coat of a very nobby Jashion, The shoes given to recruits aro warranted to last, and tho rig, generally speaking, is devoid of the old shoddy material that caused so much suffering during the war. The cavalry service, although an ac tive life, is yeta good one for hardening and discipline ing men, and as there is plenty of huuting and a free and easy life on the frontier, it has its charms despite the dreams that will come to a young recruit’s pillow, or rather blanket, of scalping and murderous redsking, Tho total amount of money received by the ‘cavairy man Who serves five yours 1s $852 and he is also entk tled at the expiration of bis term of service to 160 acres of land as a homestead, whereas an ordinary clviliag citizen would lave to reside for five vears in the neigh- burhood oi 4 proposed homestead befure he could estab- lish atitie, So that the cavalry has 11s advantages ag well us it hardships. OYSTERS, PROSPECTS OF THE FALL AND WINTER TRADE— NEW YORK WATERS THE EXCELSIOR PRODUC. ING GROUNDS—THE VIRGINIA SUPPLY, ‘The arrival of September will bo welcome to that large constituency who esteem the oyster, Whatevur may be the trath of the general impression that during four months of the year—beginuing with May and end- ing with Augast—oyeiers are not bealthiul or patatable there ts no doubi that in the fall, winter and spring the bivalves are in their best condition, The demand and consumption, which bus been quite small during the past six or seven Weeks, principally owing to the ex- treme hot weather, will now assume large proportions and afford employment to ¢@ large class. of men who supply the metropolis. Several hundred boats, cach trom five te thirty tons burden, are engaged in the trade During the busy season the greater portion make daily trips, and easily diepose of their cargoes. — It is estimated that the aggregate yearly transactions in oysters in this city is over $10,000,000. Boston and the principal towns in New Jorsey are supplied by New York. There aro two wholesale markets—one on the east side, at tho foot of Broome street, and one at the foot of West Tenth street At these points the hotels, rea taurants and hundreds of saloons effect their purchases and shipments are made to distant piacex Boute sometimes ho of Fulton and Catuarine streets aad Other Wuarves. They sell in quantities to suit custome ers, aud the scenes around these eraft, especially om Suniday morning, are generally ot @ mixod und lively cuaracter, Virginia, during the summer, supphes New York with many thousand vusheis of oysters, but they Jali far benind in quality aod flavor to the domes. tie ‘commodity, The Virginia mollusks are used for cooking; the home article is eaten off ne shell, It ix conceded that the North River, Staten Island and Rockaway vysters are abou: the best in the world. The EKugnsh have recently taken to importing them for planting purposes, (heir domestic production bav- ing greatiy jallew off ia quantity and quality. As io all otuer matiers of commerce prices vary in the oystet business according to supply and demand, and alse ageording (0 the size, Haver, &e., of the commodity itself, A¥ 4 rule, no toatter Row wholesale rates maj fluctuate, the charge to the actual consumer rarely rises of falls, To ail concerned it is wi Loud the one a rnreteatte, though tor thove extensively ene age quires the investme: Considerable outiay tor labor, mush capital and in conversation with several wholesale d porter of the HkkaLD learned that lhe avnoretewane tug into market are of «Very superior dewcription, Great pains bave been takeu in their planting. and ample time bas been allowed them to reuch a iuil aod fat growth. The beds have been judiciously se lected, and the weather, plenty of rain and warn days, has been quite javorable 10 maturing the bivalves to please the palates of the affluent, as well a8 to fits nish @ butritious iood to the much greater number leas (CONLINUED ON NINTH PaGk)