The New York Herald Newspaper, October 5, 1876, Page 4

4 BUTLER AND OAR, Ex-Attorney General Hoar Opposes “Bold Ben” Butler. The Seventh Congressional Dis= trict Excited. JUDGE HOAR’S LETTER OF ACCEPTANCE. iews of the Essex Statesman on the Republican Bolt. Bosrox, Oct, 4, 1876. Itseoms that General Butler’s path into Congress from the Lowell district is not to be as smooth and un- obstructed ag he and his friends have anticipated. The movement among his opponents, including what is generally known as ‘the blue bloods’? and the Concord clique, has ripened into a formidable and determined doit this afternoon, with no less a person for the figure head than E. Rockwood Hoar, the gentle- man whom President Grant onco honored by making him his Attorney General Of course, it is not expected to elect Judge Hoar; but the move 18 to draw away enough votes from Butler'to allow the , Semoecrats to re-cleet Mr. Tarbox, The watchword and motto is, “Anything to beat Butler,” and tbe bolting republicans will swaliow a democrat most willingly rather than allow the irrepressible Essex and Middle- #ex wtatesman to gratify his Congressional ambition. This movement, which bas resulted tn putting for- ‘art Judge Hoar, was commenced abuut a week since, end bad its birth “at Young’s Hotel in this city, This alternoon Protessor Churcnill, of Andover, called the body to order, and «fer several gentleman had spoken approvingly of the purpose for which they had assem- bied, Judge Hoar himself came in and expressed bim- beif as follows ;-— J have been asked to come in this morning to this mecving. 1 suppose I know the objects of it, bat what you bave doue or what you propose to dol know no more of than that | have received a large number of ters from gentlemen in the district presenting a question to me, and I suppose thas this ts a meeting of the geutiemen substantially representing tnose who have figned thone letters, aud my answer to those let- would depend very ‘muc what the gentle- propose to do, 1 Ye 1 don’t know 1 1 can express the feelings of others, but 1 came here individually with the desire to learn What we in the Seventh district can do in getting & candidate that we can support cheeriully and cor- diatly im the place of Mr. B, F. Butler, and wo have met, as 1 understand it, in the capacity of advising with each other, listening to any remarks that might be made by gentiemen who have given the matter con- wideration; and im that sense we have met here this morning, i as I understand we have invited you, fir, that we might get the benefit ot your views upon the suyjeck RCH OF JUDGE HOAR, Mn. CHAIRMAN AND GuNTLEMEN: You all Know that Lentirely sympathize with and Lave a very clear opin- lon upon the parpose for which this meeting, is held, 1 Bave no Goubt that we ought to present a repabil- ean candidate im the Seventh aistrict, and that tbe nomination that has been made ts not one which (hose who sepport the republican party in its, integrity and entirenes# ought to be called upon to support. (Applause) In regard to the person whom we should present to be voted for, I can ouly say that i was wilh very great pain A the suggestion of using my name was made to 1am wholly oat of public Ife, aud expect to be, am as constantly occupied at this moment with prolessional engagements to the very ent and mit Of my strength, which is growing less as I grow ower, | Gud I shouid have cheertuily supported and jo nod, in apy thing as iar as 1 could do, to assist in se- Jecting any other person who is a true republican in our dirtrict to be presented to the voters. [ think the expedieney of using my name, if it were the desire of €gentiomen upon whom the respousibility falls in matter, will depend very much upon whatis ine be the vigor of the canvass. Lf, by using my be result shall be that Geocral Batler shall be nd if, knowing the sentiments of the people trict, it i the opinion of gentlemen that that tan be done, I should see yo objection to it, It involves simply my ‘subwitting, for the next thirty days, it L to, to the Traveller and General Butler's speeches, and such litte organs us be owns or can buy, to om wolimited quantity of personal abuse. That would nol Very mueh disturb me, ana for the accompli-hmeut of much & good object I shonld be willing to submit to U (Appiause.) Having steadily opposed some of eras Butier's practices and doctrines I don't pro- pose to leave that of al | for the future, but ex- Peet to engage in it whenever occasion viters. If it i the sentiment of thin meeting and the gen- tlemen who are engaged in it, and they choose tu go Into the movement with thoroughness, and my pame is presented, fl shall not be able to take any active part; but i should consider that it was my auty to submit to Auy persoval twcouvenience that in the opinion of gen- Hemen who think [sbould accept should be imposed upon mi: which Lt Lhave prepored an answer tothe letters we received within the last week, andif you, consider that itis the best thing to do to answer communicated to the public, and can carryon the fight, in which there is some prospect of so that there can be 1 & solid body as to the i show that there is a prote: and an adherence to republican pi son the part ge Dumber of the ¥ I should ubioit as the answer and put {i in your possession, Sud if you will allow me to occupy a jew minutes T will Toad it to the meeting. J0VOR HOAR S LETTER OF ACCEYTANCE. Concony, Vet. 4, 1878, Guxtimcen—I have received a jeter with numerous sig- . onal distries hip of Ku fed to ® radical reform 0 the tf that oftice agree. With w bo personal boatility te General regard him asa very object eonneetion with the republ! support hist om purely ® chara e candilave, even if his uel as Lo permit i lerate wo Me district 1 Comvent on at which and led bis own force swage eel en how by ot of fered wy Wewry L. I a the repubit reprevemtative in h Lhe repwbities Lise mast Laporte ner, hie belle cy Of providing Masoud, opetesnive an Gare, Haat be suall aequbes « whieh he Fe _ards ae WHERE be Teme tice, because the party har decides againet | 1 ay retarn vo ew bate y to be . @he is heartily weaurer Whe wouldempioy « the eivit eo whee of obmrees lan sUppErt BF Feyublinns « ryas 1 end character OF © delinues ©! Fepubiioan pariy riven, hae any ‘on war alieglance. It becuines & coe reete fe Bet the enteriaumens bo which oar imcsieulevie herm throughows te country Lt te ened evetyebere - ‘a tet ow feveions © bypo- eriti nal Bnd insincere. ereuld be Feristenee, WHbest which the sue te serious perth v@ecibutie 4 | care of themselves. We know them. Up i ot | forty-five frienas at Young's Hotel that he sa NEW YORK HERALD, THURSDAY, OCTOBER 5. 1876,—TRIPLE ‘or none now, of making ® pavile pr e field, and hepe tl 'y respectiuliy y K HOAR Hoavuxy, i. Hosvond, Gronas A. Fanon, KW. Exkason and others ‘The letter was repeatedly applauded and gave great ratisfiction. Mr. ¥, E. Clarke, of Lawrence—I move you, sir, that this meeting pi tthe name of Judge BE KR Hoar to the republican voters of the Sevenih district a# the republican candidate for Kepresentative to Congress, 1 do this, wir, because I believe that he ix the one man upon whom we can concentrate t of the people woo are dissatiauied with the powination of Benjamin PF, Butler, For myseli, as soon as Mr, Later was nominated, I made up my mind, if pothing further was done, to go quietly to the poll# aud vote for the democratic candidate, because 1 be- lieve it to be my duty first to see to it ry I only vote, when | voe in my own for men {who represent the true and honest ples uf the party, and | know aud consider that cral Butler does bot represent that tall I have considerable conversation Within the past few Jays iMerent parts of the distriet, and Tf y mentioned only Judge ‘Hoar's one they wished to vote for, and | therefore hope that you will all present his ua the district, and not only tuat, but to pledge ourselves to fight it oat on that line jrom this time until election day. (Applause). The motion was seconded and unanimously adopted, Mr. George A, King, of Concord, made a brief speech, taking the ground that the movement Was not ior ihe purpose of defeating Generai Butler und electing Mr. Tarbox, who, he asserted, was a Nortuern doughtace, an individual whom he thought was extinct but had reappeared, but was a meverent to elect Judge Hoar, to wh result all muyt cortribute. He urged a hearty support of the notination. A DISTRICT COMMITT! Mr. Gould then ronewed his motion, and the Chair appointed Messrs, Gould, Coggswell and Johnsou committee to retire and report 4 list of names to cone stltute a district committee. Tho committee subsequently reported the nameg of ¥. E. Clark, of Lawrence; ©. H. Waters, of Groton; Levi Sprague, of Lowell; Jobn E. Curtis, of Marlboro’, and George A. Parker, of Lancaster, e report was accepted and the committe was au- thorized to increase 1s number by selecting a rep! sentative from each town and ward in the district Some brief remarks were then made by Mr. J. C, Hooley, of Lawrence, ‘Andover, urging a heorty support of the ticket, 'r question of finance was lett to the District Commitice and the meeting adjourned. INTERVIEW WITH ORNERAL BUTLER, A reporter of the Hrratp called on General Butler tn the afternoon and requested his views iu regard to this new movement. The Genoral inquired what had been done, and by whom, and then went on in a general way to say: “Everybody has a right to run for office if he chooses; but ‘bo man has a right to go into a conven. tion, and take part im it, and then run against 1 as a caudidate, Judge Hoar sent his ‘delegate from Concord to the Convention, and not being successful, he now comes out and undertakes torun a bolting oppofition. { do not know of anybody who plays this game of ‘Heads 1 win, tails you lose'’ except thimble riggera Mon who go ‘Into a party convention are bound by its action. Every man bas a right to stay out and vote for whom he pleases, or run for office 11 be pleases, but unless they have some objections either as to the fajrness of the election of delegates, or as to tho propriety of the proceeding of the Convention, honest men feel themselves bound by its action, Now, in the Gonven- tion that put me in bomination there was not a con- tested seat; there was not a complaint made about any part of the proceeding; there was not a single objec- tion raised, and a vote was passed unauimously to do everything the delegates could to secure the electivn of the candidate of the Convention.” The conversation was then conducted as follows :— Rxvorter—What effect do you suppose this move- Ment will have upon the general campaign ? General Burten—U ndoubtedly it ts to be acampaign of spirit and malignity on the part of Hoar. He feels his defeat in the Senate, with which I bad nothing to do, when he nominated himself for Judge of the Su- preme Court, being at the head of the Department of Justice which advised such Supreme Court nomination, 1 had nothing to do with his rejection by the Senate, and I never heard that he accused me ot any connec: tion with it, This happened a tpw years ago, just be- tore Hoar was asked to step outof the Attorney General’s office, having the nomination of judges in his control, he nominated himself Judge and was re- jected by the Senate, where there was a two-thirds majority of his own party. It was the sober sense of the Senate of the United States t! passed upon his nomination, After a considerable number of month: knowledge of his qualifications by personal contuct with him, by*his action in the election in deteating Dr. Ayer, he threw a majority of the Congressional delegation of the State of Massacht hands of | the | democragy, | 40 the election of Mr. Tilden * should come before the House the vote of Massachusetts would be thrown for Samuel J. Tilden; fortunately, however, General Banks bas declared ‘bimseit ar publican, although elected by a democratic vote, and he will hold the casting vote in the dolegation, so that the vote of the State being but one vote would be given for the election of Hayes, it the election should go into the House. It was no good iten- tion of Judge Hoar, however, that this bas hap- pened. If in the crisis of te country the republican party of Massachusctis wanta democratic delegation to Congress, Judge Hoar bas taken the very best means to give ittothem. He is doing his litde best in that direction. For myself, although I see it stated in the newspapers that my fmends propose to vote against the republicar candidates, in case of a bolt 10 my district, 1 sball disvourage and discountensnce that feeling all L can, because | think it of the greatest consequence that there should be arepublican delega- tion in Congress to protect tne country in the present terrible crisis in public affairs than to have either my hates, my loves or my revenges grat Bed. But, then, I diter from Judge Hoar, I do not cultivate malignity asavirtue. I truet it will have uo iniluence upon the election of the republican Covgresmonal notninecs, whoever they may be; but I can afford the bolt if Mr. Rice can, Rsvorrer—Do you suppose Governor Rice cares anything about being Governor? Geuveral Burtkr—Do | suppose water rung down hill? It does in the Seventh district. 11 Mr. Rice does not care anything about it he ought noi to be running ag a candidate; but Judge Hoar has a deeper meaning than simply ry deieat. He supposes thi re-election of Rice will make nim @ formidable can ti- date for the Senate against Boutwell, and bis brot! George F. Hoar, and if by making disseusior in the party Judge Hoar can secure the deic ot Mr. Rice, one of the most formidable can’ dal against bis brother, is out of the contest. The Moar hikes the Adamses, are rather celebrated for taki county the Judge has always been an office-holder 1 the greater part of his b lite, and was deteate as | have said, in the Senate in the darling wish of | ambition, to a life office Irom which be could noi removed, Kerorter—Then you think the Judge bas an eye tu business in the candidacy ? General BuTLeR—Ah, the Judge knows what he is about. He thinks it wouid bo the best thing jor bis brother that Rice should be deteated, and he takes this way to elect bimeelt hoping to throw the odium of defeat upon me aud the simple minded, Pharisaical republicans who would support him, whe will not | see the cat under the meal. vorTRR—Then you think this shrewd move of does not want for cunning. simply, to say that he is working in th terest of the H family. Lsee in this to his “L never held punlie office by my own desire, and cer: tainly wish for nono now;” that may be true, but it is the special pleading of anastnte lawyer. Ho caused | himself to be nominated tor Judge of the Supreme Court nod was rejected by the Senate, and, therefore, | never held the office, bat it was bis not fault, Revorten—Geueral, you know it has been said that rs, have Deen sent to the State Central 1% that ifthe opposition so your was w.thdrawn an eflort would be made by nor Rice. Do you bolt is necessary to nominator your supporters to defeat G think any other uetion than t secure that end? Geveral Ber.er—I do not know anything about sach lovters and care lesa I think Judge Hoar lias done more to deteat Mr. Rice thi any other one man could do, of any good republican would do. nerai Butler will make the balance of the cain- ning and lively one, for be announced to-morrow (Sunday excepteu) be wiil speak every evening and also in the afternoon when- It ig a.so probable that Judge Hoar stump QUEENS COUNTY DEMOCRACY. will bake th The democrats of Queens county hold their County Congention yesterday and made the following nomina- tious :—For County Clerk—Jobn H. Sutphin, of Jawaica (oy acclamation). For Sherif—B, F, Rushmore, of Mompstead (on tho thirteenth ballot). For Justice of the Sessions—Charles J, Chipp, of Oyetor Bay (by ac- clamation), For Coroners—Dr, William D, Wood, of Jamaren; Joba Carroll, of Newtown, and John Mevarthy, oi Newtown, For Congressional delegates— | At large—Stephen Taber, of North Hempstead, snd | Hempstead, Heary D. Remsen and Smith Williams; Tesve of maimiasning eqnal rights | Heary & Devevoise, of Long Isiand ity; alter- pares—Stepheu Burrong! of Newtown, and A. N. Weler, of Hempstead. For the \owns—Oyster Bay, George Downing ana John W. Campbell, Jr.; North Francis B, Balawin and A. R. Grittin: ming and George A. Creed; Naw: 4 John Kichler; Flushing, Jeracl J. Merritt and @. Edward Carll; Long Island Cry, Joseph MeLacghlin and RF. Downing. SUFFOLK COUNTY DEMOCRATS. The Suifolk County Democratic Convention met in id Methodist churcb, at Riverhead, on Tuesday g, and made tho following nomimations tor Hempsteas, Jamaica, Johu 4 Projessor Cuurchili, of eRe aca eB ES IA ell EOE TS ERIE Se OE SES aie Gr aa Se ei SEA 3 jentington. For County Clerk—enuert H. Ketebam, of Riverhead, Justice of the Sessions—Joba 5. Huut- toe. Superiatencent of the Yoor—Woodbull Skidmore, vil, of Mattituek, was nomi- tod for memoer of Assembly, There was consider. ve feeling among (he members of the Convention as » Lhe MOIS Of Selecting delegates to the Congressional wag the list Was pot completad until two yesterday morning The delegates # them, it is understood, tion of Henry A. Reeves, of Greenpor Carll, Stepben ©. Kogers, Wilson G. Terry, Viewor F. Smith, Charles A. Pearson, Semuel B. Gardner, Gilbert H. Cooper, Daniel A. Griff ing, William HM. Wells, John F. Tait,’ James E. Bay- Lies The Republican Convention will be held at the Court Howse oo the 12th ist SPORTING EVENTS ABROAD. Tt ws reporied that Mr, Cookson has sold The Palmer to the Prussian government for 7,000 guineas, Tho horse is twelve years old, having been foaled in 1864 Considering that bis younger brother, Rosicrucian, who was a superior racehorse, was purchased in 1873 for 6,200 guineas, The Vaimer’s sale is not such a very bad one. For disobedience at the post in the Juvenile Stakes at Alexandra Park, on ihe Zist ult,, Aldridge and Barlow Were suspended irom riding for the remainder of the mneeting. In the official record pablisned the 20th ult., Lord Rose- Dery aguiu announces his intention of disposing of his horses im training at Newmarket during one of the Sutomn meetings. Singularly enough, The Snail, who wou ihe Northumberiand Plate immediately subse- quent to the anuouncement of tho retirement of his Jordahip iu the la part of Juno, won the chief havdi- cup at Ayr on the Zist ult Ali Heart ia not included 1M the loi to be disposed of In a £504 vide bicycle mateb between Stanton and Keone, September 18, at Lilliebriage, London, Stauton’s bieyeie broke down and bo gave up the race alter completing thirty-one miles. Already the sum of pearly £000 bas been subscribed for tue Thames international Kegatta, which is fixed to come off, and with every indication of suce tween Putney, Ham. mith and Mortlake on Nove: ber 2, 3 und dof the Cornbrook, Bour' been struck out of Ce pt the Co'endar. W. McDonald, the jockey, broke his collar bone by the failing of Maud, in the Paimer’s Green Stakes, at Alexandra Park, on tue 21st of September, Hydrophobia has broken out among the Braes of Derwent } ennei at Coulburn, The disease spread so idly that tbe whole of the twenty-three couples of bounds bad to be destroyed. This isa wad lose to the cistrins, especiaily as the hunting season ig $0 near at an. The “ uke ot Beaufort is about to ume his co: ection with the turf, and tut sending some year. linga to be trained by John Day, at Danebury, where several yearlings purcbased at Doncaster recently ar- rived. Derby races will be held under new management next year, and 500 sovereigns will be added to the Midland Counties’ Handicap W. Lumsden and W. Nichoison have been matched for £200 to row a mile on the Tyne ou Uctober 30, in two new open boats, to be built by John H. Clasper, of Oxford; the boais to be tossed jor, aud pot to be al- tered except to heighten or lower the rowlocks ¢ been working in the Tun- bridg did at Tattersali’s ov the 18th ult, Forty-three horses fetched 1,606 guineas, being an average of hearly thirty-eight guineas. The St. Albans coach horses were also sold at Albert Gate. ‘Twenty- three realized 503 guineas, being an average of not quite thirty-five guineas each. The twenty-eight horses which bave been ut work on the High Wycombe coach wore sold on the 20th at Aldridge’s. The whole stud realized £1,169, being an average of £42 cach. and Akbar have ewilch since the publication THE CHAMPIONSHIP IN PEDESTRIANISM. To rus Eviror Oy Bxui’s Lire ix Loxpox:— Having arrived in this country a few days ago, and boing desirous of torever settling the question, “Who shall be champion pedestrian of the world?” wiil you bé kind enough to give insertion to the followiitg proposition :—For a wager of not Jess than £100 nor in excess of tengtimes that amount I nereby agree to waik against any man in Engiknd—Vaughan, of Ches- ter, preferred—the following distances:—One hundrea, °60 und 500 miles, ‘best two in three’* to be deciared the winner. If aby pedestrian in thi countzy or else where considers the lirst named distance too abort an the Jast too long then I wiil strike out both, leaving the 250 mile stretch to settle the question of cham- pionship. Should Weston be desirous of entering 1uto |side-vy-side contest of 500 wiles with me 1 hereby agree to give bim a start of twenty-tive miles im that distance, and will stake two to one ou my abii ty to defeat nim, the track to be measured by a com- petent surveyor, the judges, reierees and time- keepers to be selected from the sporting press of Loa- | don, the money to be competed for to ve placed in the f Bell's Life, wud alter wil necessary expenses ueted the Winuing wan to receive two-thirds or all 0° the admission money, whichever Weston may preter. Hopmy to meet sowe of your best pedestrians between the bours of three and jour P. di. on Tuesday next at Bell's Life vilice, belwve me, sir, sincerely yours, DANIEL O'LEARY, Loxpox, Sept. 22, 1876. YACHTING, THE LOUBAT OCLAN CUP LACE FOR SCHOONERS. The owner of the Enchantress having made the New York Yacht Club the custodian of a haudsome and valuable cup, to be sailed tor by yachts of ail nations of 100 tons aiid over, the Regatta Committee havo set the 12th inst, for the event, The course will be from Owl’s Head, over the regular club course to and around the Sandy Hook lightship, thence to tue lightsbip oo Five Fathom Bank, and return toSandy Hook iight- ship. This race promises to be of much interest, and, ag it will wind ap the yachting season, snould have many entriea It is understood that the Idier, Palmer abd Atalanta will be among those that will compete, and with such speedy craft to head the list there must be an exciting time in store ivr the lovers of this pleasant pastine, The official notice of the event is ‘ ag unuer: New York Yacut Cuvs, Oct. 2, 1876. ‘The race for the Loubat Ocean Cup, tor schoone: will be sailed on ‘Thursday, October 12, 1876, open to schooner yachts of all nations of 100 tous and over; time wilowance to be the sume as that for His Royal Highness the Preuce of Wales’ Chalienge Cu; Yacht Kaco—i. ¢., tweive seconds per ton. New Yor! Yacht Ciub regulations to be adhered to. No entrance fee. The course will bo from off Owl’s Head, New York Harbor, over the regular regatta course of the Y.Y.C., to and around the Sandy Hook lightship, leaving the same on the starboard hand; thence to and around the lightstip on Five Fathom ‘Bank, off Cape “tay, wod return to Sandy Hook lightship, leaving oth vn the port hand. ¢ The start will be made at three o'clock P. M., and rhe time of the competing yachts.will be taken as they ¢, ss between the judges’ boat and the Long Isiumd ‘shore. The signals or starting will be given [rom the juages’ boat, as toliows:—For a preparatory sienal, ‘one gun, and te club signa! will be lowered; ten min- utes later, for the yachts 10 cross the line, the same zpals will be repeated. No yacht’s time will be expiration of fifteen minutes from the Unless instructions to the contrary are given on the day of the race. The owner of any vessel winning the prize will be Fequired, Lelore itis delivered, to sign « declaration that the sailing rogulations have been strictly con+ formed to. ‘ Eutries must be made to the Secretary of the club, at the club house, Madison avenue and Twoaty-seventh street, on or before Wednesday, Uctover iL G L. LAIGHT, Chairman Regatta Committee N. Y. ¥.0, ©. A Mintos, Secretary N.Y.Y.0. HANDICAP ATHLELIC MEETING. In compliance with the request of many prominent athletes, a series of handicaps will be given at the ounds of the New York Athletic Club, on Monday, 9th inst. It will be the last meeting of the season, and coming 80 soon alter the Ridgewood, Yonkers and Plainfield reupions, an excellent opportunity is offered to bupdicap all performers on eqvitabdie terms, The prograinme will cousist of 100 yards, 475 yards, 600 yards, 1,000 yards and a two mile waik, the latter jor ihose who up tothe time of starting have never won a prize in any walking conwst except iu a match or in a competition for club members only. The gaines will be open to all amateurs. Any one noi a member of a recognized athletic or rowing club mast b introduced and his sianding satisfactorily pri right to decline or strike out any entry is reserved, ‘An amateur is any person Who bas never competed in an open competition, or tor a stake, or for public money, of tor admission money, or with’ proiessiouals for a prize, nor hag ever, at any period of bis lite, taught or asisted in the pursuit of athletic exercises a means of livelihood, In order to enabie valuable prizes to be gi an entrance fee of $1 will quired tor each competition, and three prizes will be given in each event. ‘The moeting promises to be the {the year, It is of that character to give begin opportunity of testing their abilities, while the older athietes have allrigbts preserved them. The iries, which close to-day with James Watson (Post office box 678), should be large, and among thein will, po doubt, be iound the names of mauy flyers, for the distances are such as to uit all periormers. BASE BALL NOTES. It is proposed to have a picked ten game between the Brooklyn ciubs from Prospect Park and a ten of square amateurs from this city, Mr. Grierson, of the Name- less Club, ie to select the Brooklya team, and Mr, Biodget, of the Arlingtons, will select the New York side, Lf the game fs pluyed on an enclosed ground the admission shall not exceed fifteen vents. No prises willbe given, nor will there be any diviston of the gate receipts among the piayers. The tenth aud last of the championship series be- tween the St. Louis and Bostou cluvs was played yes- terday at St. Louis. The game was close and interest | ew county oflcers:—For Sherif—William H, Montort, of | ing throughout The Bostous scored one rum im the ‘third 11 hot score until the e three runs, which was all ing and one in the eighth. The St Louis did hth pg, Whea they made they got during the gal ‘At Louisville, yesterday, the Hartfords disposed of the Louiavilles pine times in succession without a ra. Score—Hartfords, 6; Louisville, 0. The Mutual professionals gained an easy victory over the Orange club, yesterday, at Orange, Score— Matual, 11; Orange, ‘To-day the Harifords and Louisvilles play at Louls- range and Enterprise, at Orange; Monticello, y, and Alpha, at Staten Island, and Our jtoline, NARRAGANSETT PARK BACES. NELL AND GIFFORD THE WINNERS. Provipence, Oct. 4, 1876. The second day of the October meeting at Narragan- sett Park to-day drew out quite a large attendance, among whom was aconsiderable assembiage of sporting men from New York and Boston, The races for horses of the 2:45 and 2:36 classes were trotted with conside able success. The first was won by the Providence bay mare Nell and the second by Bickler’s Boston gelding Gifford, Following are summaries :— NARRAGANSETT Park, Cravstos, R. I, Oct. 4, 1876.— Purse of $600, for 2:45 horses; $300 to tirst, $150 to second wad $00 to third, Mile beats, best three In five, in harness, P, 3. Carpenter's b. m. Nell. 1131 B. Muco’s br. & Elevator. 42312 ©. Reed’s br. 8, Bismarck. . 23833 J. D. Bullock's v. y, Jobu 8464 W. P. Rickerson’s b. g. EI 5 5 duis Time, 2:36%— aig. 5 horses; $300 to Same Day, —’urso of $000, lor 2 ; mile heats, best first, $150 to xecond and $50 to thin three in five, in harness, D, W. Bicklor’s ch. g Gifford....... J. A, Carpeuter’s b, g. Carpenter Boy 0233 T. 8. Foster's b, x, Commodore Perry Ce ee ‘T. 8. Varpenter’s ch, m, Ernustine.........4 5 4 2 D. P. Fifer’s br. m, Delight 5464 T. PF. Downeliy’s ch. m. Belle, 6 dis. Time, CHESTER PARK RACES. iNCINNaTI, Ohio, Oct. 4, 1876 This was the second day of the Chester Park races. The attondance was fair, The weather was cloudy and raw, Dut tho track was in good condition, Finst Race.—Purse $600, for 2:32 horses; $350 to first-horse, $175 to second and $75 to third horse, ‘There wero eight entries and ail started. Harry Clay rT We ee Boy Charlie 22345 Lady Mit »-514 63 Belle Moors 43224 B4182 Red Bird Tine, 280—2:333(—2 33M. Smoke, Litto Tom and Monroe Chi in the rst heat, Swcony Rack. —2:26 class; parse $800, of which $500 to first, $200 to second and $100 to third horse, There were ten entries and nine horses started Cook won OOOH atm era Hwoce 9 Big —2:25, mile and a bait dash. started—pamely, Warjig, Patrick and Plenty. The result was a dead heat in 2:4914, and owing to the darkness the run-oi! beat was postponed until to-morrow, HUDSON RIVER DRIVING PARK RACES. Povcnkexrsix, N. Y., Oct, 4, 1876, This was the second day of the fair of the Hudson River Driving Park. There was a largo attendance, and the display in all of the depart- ments greatly exceeded that of any previous year, Tho first raco was fora purse of $309 lor the three-minute class. There were tive entries. The race won by Dubsis Brinkerhof’s bay mai Emma, she taking the first, scoond and filth beat ‘The best time made was 2:32, in the race for the 2:35 class for a purse of $250 thore were seven entries. M. H. Whipple’s Amenlus won the race in three straight beats, Time, 2;33—2:34—2:3214. JEROME PARK RACES. Time, The third was Thore were three entries, and % running race, THIaD DAY OF THE FALL MBETING—POOL SELLING ON THE EVENTS. This, the third day of the racing reunion at Jerome Park, will cause four events to be decided. With the exception of the steeplechase handicap run on Tue! day, the fixtures thus far bave been spiritedly con- tested, amd one will go a long time before seeing better. In addition to the fact that all the horses on the grounds are doing well, there is the + 4. sition among owners to do their part toward maaing -)'s last meect- ing of tho season in the valley of Westchoster a grand success. The speculation at the pool marts last eveuing on the events of to-day was extremely keen the average of the sales boing as under:— First Racx,—Purse $500; the winner to be sold -at auction; borses entered to be sola for $1,500 to carry weight for age; if for $1,000, allowed 4 Iba; if 1or $760, t tor $500, 12 Ibs.” One mile and a half, Courier, 97 Ibs, $80 100 Arcturus, 106 ibs. 68 85 Partnership, 117 lbs, oa 80 Galway, Lid Ibs. 60 % Warlock, 100 Ibs. 32 40 New York, 108 1i- 24 30 ‘Oxmore, 117 Ibs. By 35 skcund Rack,—The Grand National Handicap Sweep- stakes, of $100 each, hal! turiett, und only $20 if de- glared out; with $1,000 added, of which $200 to the second horse. Two miles aud a quarter Big Sandy, 109 Ios., ° Vigil, 108 lbs. { $200 100 James A. 108 65 62 Sunburst, 95 Ibs: 55 “4 Shylock, 112 Ibs. 35 36 Piolo, 118 Ibe 60 4 Miluer, 108 Ibs 45 44 Dauntless, 90 lbs... fe 15 12 ‘Tummp Race. —Purse of $700, tor ali ages. Mile heats. 1 Rhadsmantbus, 118 lbs, 102 40 Fiudiesticas, 105 Lbs. se 120 Freeboo er, 105 Ibe, so 116 Presto , 106 Ibs. .. 40 o Gray Fetar, 118 ibs ‘ 15 2L Ou the fourth race, for two- there wasno speculation, the whole attention being devoted to the three other races, TRANSPORTATION, In addition to the many regular trains via the Har- Jem road to Fordham, special trains, with reserved cars for ladies, wiil leave the Grand Central depot to day and during the meoting at tive minutes after ‘twelve and hall-past twelve I’. M. tor the Jerome siding, Toturning immediately alter the racea, THE WESTCHESTER POLO CLUB. The success of the Polo Club at Newport during the past summer has given increased interest to that fashionable and fascinating game, as it bas been shown to be a pastime needing nerve apd courage on the pars of those engaging in it. The Newport season having closed, the Westchester Polo Clav have already trans- ported their ponies avd paraphernalia to their stables and grounds at Fordham, where a serics of games will be played during the present month. Already notice has been given by Mr. 5. H. Robbing, the secretary of the club, that the first of the iali games will be~ ed on Saturday, Uciober 7, at four o’ciock, the hour uch as to afford those witnessing the races at be present. 13 is under- stood that there Will be a attendance of the mem- vers at every game, The programme, so far arranged, is that the cinbd will play mateh games every race day at four o'clock, On the closing day of the racing sea- son, Saturday, October 14, a game will de played for a prize of six ‘saddies and bridies, to be awarded the winning team. THE FAIR AT ST. PETER'S CHURCH. ‘The fair tor the beneit of the iudigent of St. Peter's parish will remain opea for six weeka, thereby making it longer thaf customary. Last evening the basement, where the fair is boing beld, was filed to repletion with the frienas of the ‘parish, who had come for the pur- pove of viowing the elegant articles on extivition, The jaburately decorated with Gags, banners and 8, while the different tables groan bencath ot rare and costly ¢ ‘A band of teudance, wie young ladies o'r ULMOSI LO please tbe Visors, Rev. Father Farreil, the pastor of the church, to the cor t and pleasure of his flock. Th ander the auspices of Messrs. Slosson and Gleason, a maich game of billiards will take place. This will at- tract considerable attention, The mauagers of the alair are sanguine that they will net tally $10,000 THE SAVINGS BANKS. Yesterday morning Mr. Wm. J. Best, the receiver of the Mechanics and Traders’ Savings Bak, paid s div- 1dend of fifty cents on the dollar to every depositor “who chose to apply for it, As the depositors had only expevied forty per cent they were agreeably surprised. the Dry Doek Savings out of that Imat being ver The an Ai held ght before Inst seems to have somewhat restored the coafdence of the Amsterdam Savings Bank depositors. KILLED BY A CAR. AD unknown man, about aity-five years old, was run over instantly killed jast night by a freight car, at the corner of Thirty-third strect aad Kieveth avenue. The Coroner was SHEET. BOARD OF EDUCATION. “BRAVE BOYS ARE THEY" —THY TRUANT CHIL- DREN—MARRBIED WOMEN AS TEACHERS. A regular meeting of the Board of Education was held yesterday, when the Committee on the School Ship offered a resolution complimenting Alexander Wadsworth and A. K. Warren, of the schoolshyp St. Marys, who in September rescued a disabled shipmate {rom drowning. Au amendment, ordering that a copy of the resolution be sent to each of the boys, was adopted, and the resolution was ordered to be spread on the minutes. Tho following was read:— Naw York, Oct. 4, 1876, To trax Hoxoranty ti Boakp of Epucation:— * GuxsLeMen—Tbe school trustees of the Thirteenth ward would hereby represent that your proposed action in the matter of the appointment of married women In positions ag teachers 11 the public’ schools mnects With their cordial approbation. 1¢ 1s deemed de- sirable that a by law forbidding such Appointments be adopted by your Fang > body. Respectiuliy eub- mitted, L. ROBERTS, ° sASE . Trastees A. J. CADE, ¥. GERMANN, | suites ward. The superintendent reported, for last month, as to truant citidrea as follows: — Total cases investigated, + 930 ‘Total cases not truants. . + 578 ‘Total cases o1 truants. . 204 ‘Yotal cases of habitual Uruants Total cases returned (0 school, Wes Gorman Howschell was appointed achool trustee of he Twelfth ward, to fill a vacancy caused by death. The Committee on Bylaws, who bad under con- sideration the propriety of estavyshing a Truant Home, reported that they were unable to agree upon a pian, and while they were a uuit as tothe necessity of some such pin it could not be made effective uuless the Board of Apportionment appropriate the necessary amount to erect it, A discussion arose upon the resolution of President Wood and this report, Mr. Walker, im @ leugiby speech, said the idea was ali mht but the pian was ail wrong. He mado the char ow York Col- lege was the most expensive li tution ip the United States, He stated that the result would be that the Home would be overrun by apple cants, It might be a good thing, said to enable the president of this Board bo exibitthis in stitutions to Lord *Moncroit” and “Lady Wiseacre,"” and say, “Here is an institution we have built up on $50,000.” He may be able to point here and sy, “This is the Board of Education bakery,” He may point there and say, “There is the Board of Education wilor shop.’ He might say, in addition ‘ev cons tracted tur # steamboat to bring over from Europe per- sons to flil Lup, aud here is the result.” “Why, I say we might as weil build a bridge at on Vresident Wood left bis seat aud made an able arga- ment in iavor of the resuiution, explaining that the law makos it maudatory upon the Bourd to establish such institution, He made the declarawon that until W. H. Wickham became Mayor foreign visitors were never shown any ol the institutions exeept the penal ones ob Blackweil’s Island, Under b dinipistration: the educational institutions are suown first ang the reformutorics later. Commissioner Fuller pported the proposition, and hoped every mau in the Board would support the pro- Ke, posed appropriation, Mr. Goulding and other: and the Jurther consideration of tue matter ferred. ‘Lhe discussion cleariy indicated that the spirit of the Board 1s in favor of the erection of the home, THE SANITARY DANGERS INCURRED BY OUR SCHOOL CHILDREN—HOW THEY ARE TO BE MET—BROAD CHANGES AND SOUND SUGGLS- ‘TIONS. The following in the concluding report on behalf o the Committee on Legislation to Promote the Health of School Children, by Dr. R. J. O'Sullivan :— Your commitiee, having in the first portion of their Teport discussed fuliy the sauitury defects of the pub- lic schools in this criy in relation to the air space re- quired, &c., deein it unnecessury to rehearse the con- clusious arrived at, as they have been pub- lished in full in ‘the official organ of the society. The committee wiil, thereiore, content themselves ou this occasion in stating the progress made, and making such other suggestions as in their judgment may tend to mitigate the evils to which school children are subject, and place the unsanitary condition of these schools clearly belore tue public, The efforts of th clety to promote the beaith of school children have attracted considerable attention and have elicited favorable comments from educators interested in the success of our schools and the heaith of the pupils. At the inst meeiing of vhe American Social Science Association at saratoga reference was made in laudatory terms to this society in the action taken on sanitary reform in scuoola A member of the committee was invited to participate in. the proceedings and open the discussion on diseases of the senovlroom, It is scarcely necessary to say that bo more impsrtant subject bas engaged its attenti as it copcerns the wellbeing of society and the phi cal condition of the !uture citizens of this great metrop- lis, It is plain to the observer of passing events that society in our midstis in a state of transition, and tbat the physical condition enters largely into 7 its causation, We see the evidence of this iy various ways—notably irritation of the braiu and incidental diseases—nipping in the bud in the prime of life our most prosperous citizens, cutting them off froin society and lowering them into a premature grave. ‘This 18 no imaginary picture, Look around us in pub- lie assemblies and see in those scarcely entering middle life the evidense of physical decline, the premature! bald and gray, the facial muscles photographing Ul wearied biain’ and overtaxed nervous system. It is stated by competent authority that ‘200,000 per- sous are annually slaughtered in the Staes by preventable diseases.”’* What the percentage of avhool children may be we cannot say with auy degree of uccuracy, but itis tuir to conclude twat it 1s Jarge, The forcing, cramming system in our schools and col- Jeges gives no assuring indication of a change lor 4he better iu the generation that ts to foliow us, if wo cannot expect a change in the condition of the aduit population let us by all means turn our attention to the hitue ones, and, save the youth of the land trom the dangers that threaten them uniess sanitary reiorm in the schools be instituted. Among the most urgent ro- quirements of the common schools of this city are in- expensive primary schools, with ample piay grounds, sulficient class room and necessury wit space. ‘The pres- ent plan of construction of schoolbouses 13 defective in many respects, Therv is too much ornamentation and attention given to mere appearance, entailing ormous expense. ‘The assembling room, only used for a short time during the opemug and tor exbibl- tions, take up too much space, to the great detriment of class room accommodation, which 13 especially noticeable in primary departments, where there exists the greatest need of class room. Owing to this cause be younger children ure Ked closely in the galleries oF consigned to the basement or ground class rooms, which are generally excessively overcrowded, badly ventilated und in other respects unfitted for clase purposes. The dangers to which pu- pils are exposed will be more readily understood when 1 18 stated that these class rooms are lighted irom the yard and are ju close proxt Surroundes in some tush: houses and separated only by a few leet trom the gi lery or intant ciasses, which av pils—commonly two el: ying this space— packed as closely a# 1 is possible to do, there being but one intermission of twenty minutes during the morning session allowed these hapless littie ones. ltis no wonder that these schools should be @ fruitful source of the propagation of contagious diseases, These are the dark spols in our schoo! sysiem, the canker that is gnawing its Vitality and uaderminiug its strength. It is vo eliminate this excrescence, to heal the corroding sore, and induce healthy granulation; in a word, to re- juvenate this admirable but badly managed system of public education, viewed irom a sanitary standpoint, that we strive for and labor earnestiy, having an abiding faith tiat when the public understand the subject sufficiently, the evils complained of will be corrected, and health in schoois an established fact, and not the mere theory so so Irequentiy reterred to, but never reultzeu, These remarks are made to elucidate a point, having an im- ortant bearing on the subject wo are now considering. tis hoped thata slight digression will be pardoned while a brief aliusion is made to the compulsory edu- eution Jaw now being enforced in this city. Upward of $4,000,000 are usked by the Board of Education tor kool purposes for the ensuing year, Among tho ems are $25,000 incidental expenses for the enlorco- ment of this law, and $100,000 tor a roformatory, where clildren ‘of the required age who do not attend school are liuble to be com. mitted, There can be no question, we apprehend, as to We necessity of this law or its enlorcement un- der proper hygienic conditions, whic no douvt was the intention of the Iramers of the law. During the past month several thousand children were reused admission to the schools, owing, as alleged, to insal- ficient school room, This applies mainly to primacy 0 these departments and schools ‘hat these children are compelled to yo, according to this law, regardiess of sanitary requirement or class room accommodation, or, failing to do 80, Must go to prison, The injustice of’ enforcing this law, under these condivions, must be plain to any one possessed of common sense. Indeed, it may be doubted if the higher courts of justice would willingly enforce a penal law at the risk ot the health of the lives of those Who cannot obey because room is for them. It is obvious that it is the ty of the State, or school bourds acting under its euthority when it offers the ady: of & common schogi education to those within tis jurisdiction to provide schoohouses with ample accommodation and saicrent foor it space; and to conserve in every Feasovable way the heath of the pupils, if, on the contrary, the schools are ina condition detrimental to health (as can easily be proved to be the case in the sehools of this city), school boards are dere. let in thew duty, and fail to comply with ove of the most important requirements of their office, Schovl-houses where young chiluren are herded and forcea to ait tor hours in a vitiated atmo- sphere in constrained positions, do not come up to the siandard, It would be cruelty to auimals—not to speak of tender litte ones—to add to their torture by ynerease Of humbers withuut increased uecomodation. The idea of compulsory attendance under these cir- cumstances 18 preposterous and at variance with all wise spd benolicient iaw and tho commen rights of bomanity. We do not desire to be understood as dis- Pparnging in soy Way the present Board of Education, As they are only complying with the requirements of the jaw, We have no doabt, from the excellent dis- tely manifested reducing thi ore crowded ts, thal tention to this matter Sv Lh adopu asUros to (mprove the sauitary con- dition of schools as aro within their jurisdiction and “* Report of De. Hi. 1, Bowditeh ot the International Medi- eal Congress means. We would respectfully suggest short session® in the lower grades ot primary departments and school a8 @ measure which would be beneficial as in returning to school session in stormy weather they are to cutarrhal clogs which are of frequent occur. + ariable climate, especially during the mouths, As to the feasibiliy of this Proceeding, as to whether it would interfere materially with class exercises and the results expected of teachers 4s determined by their aunual examinations, we have as.ed the opinion of some of the most expe Tieuced teachers, and have imvariably had toels opiuion both verbally and in writing that one session a day would be ample, and would = not revent the best results of school work, quires two sessio! © are aware that the State law re- bs but the Board of Education pos- sesses a descretionary power in this matter, For instance it bus ly given orders to the schoois to dismiss on rainy at two o'clock, whereas the afternoon session 18 not conciuded until three o'clock or about tbat time, Now, if the School Bourd has power to make thie ' > regulation, it certainly has the power of dismissing at any time after entering the second session, say trom ten to twenty minutes after its commencement, In answer to am inquiry Dr. O’puilivan received a note [rom one of the most respected principals, a ge tleman of very large experience, who hus tor mo than thirty years occupied that position, He saye:— 4 “Phe sanitary condition of our pablic schools, a sub- ject to which you have devoted much of your thought and time, is now engrossing a large share of pnbiic ate tention.. A morement has undoubtedly been made in the right direction by I:miting the number of pupils to the area of classroom accommodation, Sull many of our school butidings, especaliy the primary depirtments thereof, ‘will be found far from wholesome. I remember that years. ago you were au advocate for shorter sessions tor our primary schools. Itseems to me that were your ideas on that subject made ese jeal they would go far toward clearing . up the difficulties whict surrond this subject,” “Of course we shall not stand where we should op ] this important matter until the arrival of that, 4 fear, tarof millennial day, when wise architects and inielli- gent school officers shali fully appreciate the fact that there are im existence such agencies as carbonic acid \ gas and oxygen, and that to provide an adequate sup- ply of the one and to get rid as speedily as possitie of tho other is more important than fine arcaitectural ef. fects or elaborate furniture,” “But to return to your idea of shorter sessions, If the chiltren in what’ are called the gallery ee of our primary schools, whose average age does not ex- execed six Years, could bo dismissed at one instead of ’ three (with suitable intermissions during the session! two desirabie results would ensue, «First, the 11) MA children Id be released from tong and exhausting confinement {n a vitiated atmosphere; and secon the room space occupied vy them could Hants for the better accommodation of the older pupila whe remain until three o'clock.’? “I would go farther, tor I believe more good, solid school work can be done in all the departments in one ‘ session of four bours than is bow dove in six. The children return to school 1a the afternoon after partak- ing of a hearty dinner (which, I think, you will cone coat not conducive to incroased mental effort), ofioa fatigued by play, and during the warm montha over heated, so that tho afternoon session is a tux on the vitality of both teachers and scholars, without any ny corresponding mental benefit, ff, however, you and your coadjutors can obtain a respite for the littie ones, who, I verily believe, are being potsonod by foul ait and ‘buried under ‘ologies,’ you will have done a good ‘ work ror which the survivors will bless you.” ‘The necessity ot medical Inspection of schools, alluded to in our first report, bas lately been discussed ig several medical and other sclentitic associations. The recommendation made in that report—viz, that sant tary inspection be permanently ‘provided for—was fully concurred in. At the meeting of the Medical Society of the State of New York, June 20, 1876, the President, Dr, Thomas Rochester, iu his inaugural address, remarked that “‘edacation was not in all im stances the unmistakable blessing which it seemed t¢ be, for it became necessary to acquire it at toa ‘ greats risks."” He recommended ‘that every school district should have a competent and well pald = medical director, who sbould devote ‘ himself thoroughly and conscientiously to the many uygienic duties of the position, It would not involve an increased expense; on the contrary, it would be to , the community u most economical procedure.” ‘fhe ber 3 representing the profession of the State, shou such action as would inaugurate and per- petuate a reform inthis respect.” At.the meeting of the American Social Science Association at Detroit, 1575 (also at its recent meeting at Saratoga), the sub- ject was thoroughly discussed. A project of a law establishing the oftice of medical inspector of schoole was presented. An abstract of this law, with slight modifications, is laioyeeeoney tor your consideration :— First—He shall be appointed by the Board of Educa: e, three years. Third—Must be a physician, Fourth—Salary. . Fifth—He shall tako cognizance of the interests of health among tho teach and children of the public ols, th——He shall mako sanitary investigations in respect to schoolhouses and grounds, and to all cir- cumstances conuected with the managemeut and to- struction of schools which may appear to influence the Seventh—He shall himself acquainted with the means biel de id in other States for preserving the heaith of the inmates of schools, ‘ Efgnth—de shail seek to trace the origin and mode of extension of epidemies or other disoases among ia- mates of schools, and to point out measures for the ar- Test or prevontion 0: such diseases, { Ainth—He shall, from time to time, inform the Board of Extucation of the results of the atoresiid tuvostiga- tions wud shall suggest to the said Board such modifica. tions of the sanitary mauagement existing in the Schools of this State as in his opinion would couduce 4 tothe improvemont of the health of téachera and ) He shall further, in the month of Tanuary of ot Education a writ- ten report of id investigations In the line of his duty, ae aforesaid, for the year onding with the 81st of December next precoding. Eleventh—He shall gather, and from time to time shall presens to the department, such information tm Tespect to Lhe interests of the public schools as ay may deem proper for diffusion among the ppoph® THE GALLOWS LOOMING UF SCHWAME, THE UNION HILL MURDERER, CON- VICTED OF MURDER IN THRE FIRST DEGEER.. The trial of John Henry Schwamb for the murder of William H. Beite, at Union Hill, on the 4th of Angust, was brought to aclose in the Court of Oyer and Ter- miner, at Jersey City, yesterday. Immediately after the opening of the court Judge Knapp delivered bis charge, which was characteristic of stern Jersey jus lice. Heswept away sentimentality and mistaken sym- pathy, warcing the jury to keep in mind the great value of the life that was destroyed and the necessity of throwing every safeguard around human Iife. His ridicule of the stale pl ity a8 a loophole of escape ‘or desperate criminals deprived the culprit of bis last hope. The charge occupied an hour in deliv. ery. The following 18a eummary:—After citing the differont degrees of murder and manslaughter, and explaining what constituted each, he said it was the duty of the jury to inquire how the prisoner obtained the pistol by which the crime was committed. Ifa dan- gerous weapon is purposely used the law holds the ‘ potvod se using ttas baving used it wi { the defendant Gred the pistol at Belte in a mannet that the natural result would be death he must be held guilty of murder in the first degree. Human life {8 too precious to be treated lightly, and he who wiliuljy eudangers or destroys the hife of another makes nimselt responsible to the law. The defendant went to his sister's house and quarrelle¢ strunger is attracted to the place by the finding the woman tn aj nt peril, at ; the prisoner goes into the yard, a piatol, the. bullet from whieb Proximity to his sister's boad. ng Belte, standing in the door endeavoring to prevent-the prisoner trom doing his sister violence, is shot by ‘® pistol ball which entered his neck and passe! down- ward into bis spinal column, The defendant claims that ne lost his inind st tue time of the shooting, but ) itappears that he regained bis memory on veg ar rested, and gave usa reason why he had shot Bele that he iterierca between him and his sister, The jury has the right to reject all of the jmony of the prisoner which is not con cing as to tte truth, The dofendant interposes the pica of insanity, but he must be proved to have been insane before he can be acquitted on that ground. The law presumes every man to be sane antil ho is proved otherwise, and it is not every disturbance of the mind that will excuse the commission of crime, The ques- tion to be settled by the jury im, “Was the prisoner aware at the time he commitied the crime that he was doing that which he ought not todo?” If it ts found that be wax be must be found guilty. As to the testi mony shat the prisoner was iniox cated, drunkenuest ~ ia never an excuse for crime, bat it be taken inte jon as to the degreo ot crime, as there may jogree of drunkeuness 4s would incapachate the detendant to form an intention t kill, Such # condition can be taken fo mitigation of the crime irom the first to the second degree of murd The shooting of another party (than the one a man is acta- ally trying to Kill is no less murder in the first degroe than if he had killed his intended victim. ‘the jury retired at eleven o'clock and at half-past twelve they returned into court, Meanwhile the prise oner Was brought to from the By by Sherif Laverty, and when ho was told to stand up and look upon the jury the marele his face quivered and a nervous twitchiog of bis fingers was plainly noticeable, In answer to the Clerk the foreman said the bj jury bad found the prisoner guilty, “Guilty of ’ what?” asked Jud Kuapp, to which the ' foreman replied, “Guilty of’ murder in the Urst degree’? The jurors were polled, and each said the same. The prisoner's taco became deadly pale and tears burst from his eyes, His littie dangnter and sisters, who were in the court, buried their faces 10 their handkerchiefs, but did not betray any nae emotion, Tho prisoner was taken il, trom which he will be removed after a day or two io receive the sentence of death. It is worthy of note that the Jurors Were throughout unanimous for a verdiet of murder im the first degree. INSTANTLY KILLED. Frank Duling, a laboror, twenty-four years of age, residing at No. 113 Dykeman street, Brooklyn, while at work yesterday in the bold of the steamship New Orleans, lying at the Quarantine was instantly killed wy : cies jading oe his head. ba Wa) was brought rooklyt ina sailboat, taken to the Coroner notified. f baie