The New York Herald Newspaper, November 25, 1876, Page 8

NEW YORK HERALD, SATURDAY. NOVEMBER 25, 1876.—WITH SUPPLEMENT. - THE COURTS. Memento of the Late James M. Sweeny. Obtaining Awards in Opening New Avenues and Streets. TERESTING WHISKEY CASE. Speculating in New Jersey Lands. The amount of chicanery that bas had to be used by | property owuers in order to get a aecent stow in ob- Saining from the city the vaiue of lots used for open- | ing new avenues and streets will, doubtiess, never be fully developed. Ip the palmy days of the Ring rule an enormous business was done tn this specialty, And the fact was patent that property owners stoou but aslight show of getting the value of their prop- erty appropriated (or new avenues and streets unless they obtained as an ally either one cf the Ring or como one closely affiliated with them. According to all re- ports, no one more largely engaged in acting as & middle maa between property owners ano the tity than the late James M. Sweeny. His position as Clerk of the Common Council, an official in the Stroct Department aad as brovher of Peter bi. Sweeny yave him, as alleged, unprecedented facilities in this | regard. ‘The result of his supposed snflu n obtaining Jarge awards for property required ue and sireet purposes ied to his employment ny property owners, the magnitude of which pperasions and the sums which thereby went into his OWN pocket never came to light, Im one case, now- ever, the veil nas been lifted and a suit has just been brought in the Supreme Court against the executors ot James M. Sweeny 10 compel thetn to refund the money thus obtained by him. Lu this case John Penis owned, &s it appears, several lots which were appropriated by the city for tue opening of St. Nicholas avenuo, Mr. Pentz died shortly before the opening of this avenue, and his executors, being anxious to obtain a award from the city as their value, employed Mr. M. Sweeny to negotiate the matter tor them, reoment eutered into as alleged, was that Mr. id one-halt of the net amount, of the awards. such agreement ur. Sweeny was paid 914,500. quent to the payment of the mooey by Mr. Sweeny: Me, Smith Baker, executor of Job Pentz, died, and Mr. Lewtou Hoff was appointed | to the place. Mr. Hoff, on finding among papers ol the deceased executor dociments showing the agreement made with Mr, Sweeny and the monoy puld to him, deemed uch negotiation and payment o! money il legal, and hence tho present suit, Mr. George A. Deering appears for the deiendant in the case, and the probability is that « sharp and acrimonious Htigation, feveloping the modus operandi by which commission: ors lor opening New avenues and streets bave been in- Yuenced in their awards to property owners, will re- sult, AN ALLEGED WHISKEY CONSPIRACY. The case of the United States against fifty barrels of cologne spirits, seized at No. 27 Beaver street, Boyd & Hiil claimants, brought trom the United States District Coart by writ of error trom the Circuit Court, w argued aad submitted yesterday before Judge Johnson. The United States claimed that a conspiracy existed Yetween Nunnemacher, a distiller, and Honsteen, a and Roddes, a United States gauger in Mil- by which the gauger issued stamps for recti- led spirits to Honsteen in blank, and Nunnemacher’ ased them upon packages of illicitly distilled spirits, pf which these spirits were part. The evidence was Jargely circumstantial. Roddes testiNed on the stand that the stamps found on the pack: ages when seized had been delivered to blank und tne estimony of experts showed that tho spirits were such. 8 Nunnemacher might produce at his distillery with tuch apparatus as he had,god that they could pot have anderzone a process such as Hunsiven wus authorized to carry op. The jury in the District Court yave a Fordict for the government, by which tbe spirits were forieited and the claimants appealea, urging, through tounsel, that the forteiture, 1 any, did pot allect them as purcnasers in guod faith. ‘The Court took tbe papers. Royer M. Shermaa tor the government, J. W. Cotterell tor ¢ aimanis, ' Francis H. Gariand was taken before United States Commissioner Shields yesterday, charged with having Assuuited Special ction Marshal George Curtis on slection day. Howas held in delault of bat to await exdmination. AN “EAGLE ROCK” SPECULATION. For three days past, in the Court of Common ‘Pleas, Vetore Judge Robinson anda jury, there has been on frial the case of Samuel Zeiner vs. Joseph Levy, The parties are brothers-in law, and the suit was brought by plaintit’ to recovor $3,000, which he claimed he loaned defendant. The story of defendant was that during the year 1874 he and plaintiff and plaintin’s brother had their attention atiracted to the property known as *‘Eagle Rock,’’ at Orange, N. J. The pros- pect in the vicinity was regarded as magnificent; so much so, indeed, that the national eagle, as he floated through Jersey air surveying the territory of his ted- era, jurisdiction, was accustomed to case his weary pinicns on the top of the rock, while he gazea with delight on the surrounding scene and reversed the popuiar verdict that Jersey was unwor- thy to & part of the United States Bo. heving (hat American citizens havo as good and eye for the beautiful in natural scenery ay the American eagie, ibe parties to the suit cunceived the \dva of purchasing the property as a speculasion for summer residences, 1 whieh they and plaimtif’s brether should participate. Defendant claimed that with this view and for this purpose the money was received by him and was so upplea; that when the toniract of sale was made out the plaintiff had changed bis mind anu withdrew from the enterprise, but was, beveriheless, according to defendant, bound in the en- terprise to the extent of the money advanced by bin anu now sought to be recovered back, Plaintiff, o side, denied that he ever took any interest inthe agle Rock” speculation, and insisted that the money was given to defendant as a joan, pure and Bimpic. The voiuminous testimony taken on both tides was summed up ou Thursday vy Mr. George H, Yeuman on the part of the defendant and Mr. Thomas Darlington on the part of plainufl. Yesterday Judge Robinson submitted the case to the jury, who, after some deliberation, brought in a verd'ct in favor of the defendant. CHARITABLE BEQUESTS, Tho late Louis Phillips bequeathed the whole of his fesiduary estate among the foliowing charitable so- sieties:—The Hebrew Benevolent and Orphan Asylum Society, the Free Burial Society, the Hebrew Freo Sehvol Association and the Mount Sina: Hospital Under a statute in this State which provides that no person leaving a husband, wife, parent or child shall devise muro than one-half of his or her estate to tharity certain uephews of the testator contested this disposition of the property under the will and claimod the one-bulf of tue ostate thus devised, 1t was urged on benal: of the charitable institutions named that the provisions of the statute were only imiended to compel suitable provision for a person’s iinmediate family, and that only the per: named in the statute could avail themaelves of its benefits; that it was not imtended to extend to distant relatives, and that the pepvews had no standing in court. This View was sustained by Judge Donohue some time ago; but an ap- peal was taken by the contestanss Irom nis decision. he appeul bas since been withdrawn, and the amount of abvat $50,000 was recently distributed by the ex- ecutors dong the four charities above mentioned, M.S. Isaacs and A. L. Sanger represented the first three charities, F. Kurzman the Mount sina: Hospital, 8. Kautmi eared for the executors and the comtestants were represented by Mr. Tunstall and Mr, Spinborn. SUMMARY OF LAW CASES. There were numerous short causes tried yesterday before Judge Barrett, holding Sapreme Court, Circuit, Part2 Most of them were to recover commissions for sete of property and the like, and none of them in- volve any points of public interest. Judge Donobue, baving been relicved in tho Mar- Hinez-Del Vaile suit, took up the short cause calondar in the Supreme Court, Circuit, Part 3, peading the ae- {beration by the jury upon their verdict, In this in- lerval ho tried several cases, but there were none of any public interest, In the suit of Jona Adolph to recover $10,000 dam- ages trom the Central Park, North and East River Railroad Company, for injuries to himself and wagon caused by a collision with one of the defendant's cars, which bas beon already reported in the Hrxaup, the ns iu @ verdict yesterday in favor vt plain uit brought by Marie Algie to recover of Fernunde Wood $5,500 a baladce of ber equitable interest in some preperty sold to him, waich has been ‘ym trial tor several ‘sim the Superior Court, before Fadge Cart: da jury, and already reported in tho HERALD, « vordiet was rendered against Mr. ed, Which, with Wood's defence Wax tbat he vnly wok the property as plaintiff's trus- We, aud she allowed it lo be sold under joreciosure, be Max Stauler & Co., yatnat the was yesterday entered by Judge Lawrence directing ® pubiteation of the summons. Inthe Supreme Court, Special Term, before Juage Vau Vorst, there was coinmensed yesterday the trial S Newell, executor, &c., of Eliza- a, and the trustees under the inst Joseph Kidgway and others. The ques- ton in dispute is the estate. It appears that the husband and children ofthe deceased were all drowned at the time of the , loss of the steamship Schiller. The whole case turns upon the question as to which was drowned first, as if the husband was drowned tres there would be one set of heirs, and if the children were drowned -Airst there would be an entireiy different division of the estate. The suit of the Long Island Railroad Company Sgainst the United States came up yesterday in the United States Cirenit Court ov u writ of error in which the former were plaintiffs. The United States brought sult for two penalties of $300 each for the transporta- tion of two empty packages that bad contained disiiiled spirits, the revenue stamps not baving been eflaced or | obliterated, The packages were seized, avd the bill of lading was last seen in the office of the president of | thecempany. ft was suown alierward that the paper could not be founa, Judge Blaichiord admitted all the evidence, and, the defendant offering no evidence, a verdict lor the government was directed. A writ of error was taken by the company, and the case argued betore Judge Johnson by A. Vanderpoel for the plaintiff in error and Roger M. Saerman lor the govern- ment, Decyion reserved. DECISION: SUPREME COURT—CHAMBEUS, By Judgo Donohue. Remington vs. Westermann, Order granted, By Judge Van Vorst, Vanderbilt va. Dinse.th.—Slotion granted, By Judge Barrett. Mason v8. Winfleid —Findings settled, Shea vs. Shea.—Decree granted. Boardman vs. the Lake Shore aud Michigan South- ern Railroad Company.—There is no reason why 1 should grant any such order as that asked for, By Judge Lawrence. Memorandum. Horwitz v: explanation 1s required, Howard vs, Lansing; Binuse vs. Wood, and the So- ciety for the Reformution of Juvenile Delinquents vs, Carroll, —Orders granted. Rucher vs. the New York, Housatonic and N, Rall- road Company.—Judgment granted, Mott vs, Junes.—How cau a guardian consent? Rey mith etal; Stith vs smith; Anner | va. simmons; White vs." Devin; Lewis va Stadler; Borland vs, Badger; Duryea vs. ‘Ackerman; Conklin ys. Barmore; The Bank of Savings Vs. Partridge et ul. ; Hunt ve. Smith; Jobnson vs. Werner; Burtis vs. Ely; Sperry vs. The Hurgrave Manutacturing Company, and wewoud Insurance Company vs. ‘The People Granted, Reiley vs. Van Natten.—The amount of bail in this caso should be left blauk in the proposed order, and should be tixed vy the Court, | Schellenschingger vs. Schellenschlagger.—Retorred to Kk. 'T. Farreil to ascertain and report proper amount to be allowed to the plaintiff ior weekly support, &e., und what, ifany, counsel tec should be allowed to the plainuiff Blamenthal vs, Anderson. —Order as settled. arnett V8 Garnet.—Lhis matter is referred to | Charies Price, to take proofs and ‘0 report what, if any |®autm, stould bo allowed to the defendant for alimony and counsel fee, Townsend vs, Johnson and others,—The di left blank in the twelfth paragraph of the referee’s report must be supplied. In the matter of Nostrand.—Thia motion must be | denied. The oruer of the presiding Justice was made | on the 6th day of December, 1875, und docketed the payment of tho counsel fce of $250 to M. KE. C. Ripley, | personally, ‘the allegations that this order was mudo after the plaintifl, ia the action of Nostrand vs, Nos: trand, bad revoked the authority to Mr. Ripley to as her attorney 18 most positively denied. ‘ne counsel Jeo belonged to Mr. Ripley personally xnd irre- spective of the poyments which may have been made to him by ‘the platotf I tind nothing in tho | order ot Mr. Justice Burrett which is inconsistent with this view. ‘There appears, therefore, to be no good reason for allowing the receiver or the plaintiff in the | case of Nostrand vs. Nostrand to come in and defend this action, Motion denied, but as the moving party 18 a receiver without costs. Solomon vs. Hirspfield.—The attention of counsel in this case 18 called to the language of the Chancellor as quoted in Graham's Practice, page 915 (see 1 Page's Keports, p. 40). Beiore this order cap be granted uo allidavit stating the circu more fully must be laid belo! ficient pecuniary ability to prosecute this action, notice should be given to the other sido, Matters of Willam Fowey and Thomas Caffey.— | Counsel will please /urnish me with a reference to the authority ou which he relies in asking for this order, It 1s nota matger of course under the statute to graut the order, in Ivpatd ¥s. Careaux 1, page 40, Chan- cetlor Walworth held that notice of such an applica- tion must be given to the opposite party. 1 am not | satisfied on the petition as it stands that this is a caso in whieh the Court should exercise the power vested init by the statute. Lt counsel desire an order to show cause why the application should not be granted, such an order will be made and after hearjng the other side the Court will be enabled to pass more intel- ligently upon the question than it possibly can do on an ex parte statement, Inthe matter of Rau.—Assuming that the offence apprebended aud held for wbich the prisoners we: was Dot 80 specifically stated asto bave warrantdd | their conviction upon an indictment found against them, as the prisovers pleaded guilty to the charge, I wisi counsel further upon the pomt whetuer the plea of guilsy did not ve any technical error which there may have been in the complaint and lsu } Upon the pormt Whether such error if reversablo at all can be reviewed elsewhere than at the General Term upon certiorari, SUPERIOR COURT—SPECIAL TEEM. By Judge Speir. Willard vs. Stebbins. —Mution dunied, the undertak- ing does not comply with the statute. Wyckoff vs. O'Connor.—Motion for a reference de- nied, some of the issues raised by the pleadings should be first soiled by the Court. Crosemens v8. Hiackney.—Ordered on day calendar for 5th of Decembe: Agnew ve, Keith et al, (Nos. 1 and 2).—Report ‘ot referee confirmed, and judgment of foreclosure and sale ordered. Wyckott vs. O'Connor, —Order denying motion, with $1v costs to defendant. Whomington et al. vs. The Forty-second Street and Grand Street Ferry Railroad Company.—Ordered on trial calendar tor first Monday of Decembei Tuman vs, Alfonso et Order denying motion, with costs, Ingersoll ys, The Tenth National Bank.—Default opened without ccais to either party. COMMON PLEAS---8PECIAL TERM. By Judge Van Brunt. Davis vs. Davis.—Findings must be scttled on notice MARINE COURT— CHAMBERS, By Judge McAdam. Drake vs. Driscoll; Lutz vs. Robinson; Bruce vs, Deini; Clinton Wire Cioth Company vs. Stouten- berough.—Opinions filed, Ligman vs. Roach; Phelps vs. Beekman.—Seo in- dorsement on papers. Weil vs. Merchants’ Despatch Company.—Commis- sion ordered. Larner va. Ebling; granted. Holinan vs, De Vinne.—Tho plaintiff being a non- resideut hia attorney is liable fur $100 costs; motion to compel payment granted. Abern vs, Liado,—Motion dgmurrer. Cohen vs. McConnell.--Amendmont allowed. Hecht vs. Gumbrech.—Receiver appointed. Adams vs. Harrison.—Relerred to F. W. Loew. Dinkelspeil vs. Harmberger —Commission ordered. Hines vs. Kennedy.—Motion to, open detault dee nied. . Audrews vs, Hertz.—Motion denied, with costs, Rugsley vs. O'Dounoll. —Urder to pay moneys, Bastgen vs. Mertling.—Detault noved. Post vs. Sloane. —Action denied. Pellertreau vs. Smith; Yuyckinek vs. Carrol!; Wood- ward va. Frigelstock; Davis vs. Shannon; Sloan vs. Worth; Clark vs. Graber; Barnuger va. Petsbaw; Stemwmer vs, Conner; Vix vs, Totaus, Cary vs. Koch; Post vs, Sloan; Andrews vs, Herts; Kabo vs, speigio.—Orders granted. GENERAL SESSIONS—PART 1., Before Judge Gildersleeve, In this Court yesterday Judge Gildersiecve relieved Recorder Hackett. The first case called was a suit against Thomas Brady for striking his borse over tho head and eyes with a whip, on June 13 last Mr, Bergh was present and preferred the charge of cruelty. The jury rendered a verdict of not guilty, Mr. Bergh said, on cros#-exumination, that the Society for tne Prevention of Cracity to Animals wouid prefer to have money penalties abolished and other more substantial penalties inflicted in cases of conviction under the statutes relating to croelty to enimals, PLEAS AND SENTENCES, Charles Sheridan, grand larceny, stealing brass from shops of Hudson River Railroad Compan: Prison for two years, and Tho y, to Siate Prison tor two yeursa: WANTS TO PROVE AN ALIBI, John Reddington, charged with burglary, having, on October 26, attwo A. M., entered the apartments of Thomas Stanton, No, 307 East Twenty tourth street, by openings window, and, aided by three other boys, who have been arrested since, robbing Stanton of $50 \d other Yaiuables, recerved a verdict of gmiity, tut was remanded in order to give him time to prove an alibi. nnegan, six onthe, FELONIOUS ASSAULT. William Reiebter, charged with felonious assault and battery In baving cut Jacob Wolf, of No, 123 Third Street, In the bead with a knife, on November 14, after A quarrel in u beer shop at 109 Third street, was sept to the State Prison for three years. MISCELLANEOUS SENTENCES. Thomas Mitchell, for stealing a case of boots from FS child, of No. 317 West Twenty-seventh street, + was sent to Sing Sing for one year, M.chael Dwyer, a intruted with twenty bags of potatoes for the use of the Sturtevant House, fared to deliver thon sent to the Penitentiary for one year. Michael Harrigan, an ash cartinan, for driving «sik and dis abled horse, was sent to the Penitontiwry tor four months, John Guchwnan, a yed, impecumious Jooking Individaal, was arraigned tor stealing 4 gray horse irom th w York und K le | pany. Usicer Hughes, of sho Twonty-tuird precinct, Hughes va O’Doonell (two cases).—Judgment or | found him riding on the borse in Thirdavenue. The Prisoner adm)tted to the officer that he had stolen the animal, ‘he testimony showed that the prisoner was an escaped luuatic from the Insane Asylum of Bleck- well’s Island, aud he was recommitted to that institu. | tion, COURT OF APPEALS. ALBANY, Nov, 24, 1876, In the Court of Appeals to-day the following cases were argued :— No. 46, Crane for appellant, Wi ‘Turner.—Argued by M, M. Waters 1m G, Choate for respondent, No. 22. Zimmer vs. New York Central and Chicago Railroad.—Argued by M. W. Cooke for appellant, George F. Pipson for respondent. No. 40. Ducker vs. Rupp.—Argued by &. M. Shepherd for appellant, Joseph M, Dixon for respondent. No. 5% People ex rel. Miller vs. Police Commis- sioners,—Argued by Louis J. Grant tor appeliant, Charles T, MeLeon jor respondent. Adjourned. P) The following is the day calendar for Monday, Novem- ber 27, 1876:—Nos, 49, 62, 65, 43, By, 69, 25, 73, THE CANAL AUDITOR. APPEAL OF THE PLAINTIFFS IN THE CASE OF GW. SCHUYLER, AUDITOR OF THE CANAL DEPARTMENT—HEABING BEFORE THE GEN- ERAL TELM, Apasy, Nov. 24, 1876. Among the cases argued in the General Term to-day was that of the People ex re Emmet Flagler and Jobu Riley vs. George W. Schuyler, Auditor of the Canal Department, in which some important questions are involved. Tho case comes up on an appeal by the plaintiffs trom an order denying a peremptory man- damus against. she Auditor for the of 37,2 claimed to be due on a contract of the plaintifis for the removal of wall bencnes, and the substitution of slope and vertical wull from lock No. 82, at Fort Pian, Counsel for the plaintiff claimed that the contract had been faithfully executed aha ap- proved by the engineer in charge, mud that in the Court below they nad made out a prima facie case for a mandamus us asked. On the part of the State 1 was urged that the contractors had constructed vertical instead of siope wall, end that the work was grossly ior in character. ‘The Court took the papers. ENSURED. JUSTICE KASMIRE ¢ A CORONER'S JURY HOLD HIM BLAMSBLE IN COMMITTING A PRISUNER. Coroner Woltman held an inquest yesterday on the body of John Dooley, of No. 29 Perry st., who was a driver for Tracey & Russell, of No. 71 Greenwich street, and fell from his truck at the yunction of Sixth avenue and Broadway, on the 14th inst, receiving a fracture of the skull from which he dred four days alterward, Dr. J. E. Stillwell, of Bellevue hospital, testified that deceased was brought to the hospital on the morning of the 16th inst. by ambulance; deceased then had marked signs of brain trouble and was in a semi-con, scious state; there was no evidence of alcovolism about him; on post-mortem examination a fracture of the skull was found, but tere was nothing to indicate that ho was a man of intemperate abit. Inthe opinion ot Dr, Stiliweil Dooley wasa fit subject ior medical treatmont and not for u prison. Otheer Conklin, of tho Twenty-nitfth precinct, tosti- fied that he had his attention called to the fact that a man was injured at the curner of Sixth avenue ana Broadway, on the evening of November 14, and going to tne placa designated found Dooley lying on tho side- walk im an unconscious state; be took bim to the station house, where Police Surgeon Saterlee sail that Dooley was intoxicated; Duoley was locked up all night; deceasod said he had tallen olf his truck, gave on his namo and address; the officer smelled liqui deceased alter the Doctor pronounced him intoxic: next morning Dovley was taken before Justice Ku: mire, wbo sentenced him to ten days in default of a tine of $10; the officer then took the deceased to a cell in the Tombs. Officer Reilly, ot the Twenty-ninth precinct, took deceased {rom the station house to the Washington Place Police Court, and noticed that he looked wiid and strange. Deceased told Officer Retily that he had drank two cups of alo und some whiskey. Janes Finn, kgopor at the Lombs, testified that he placed Dooley in‘a padded cell when be was brougnt there; deceased looked like a weak and sick was delirious during the day ho was in the City Prison; Dr. Brekes prescribed for deceased and ordered tha: he be sent to Bellevue Hospital, which was carriod outs difficulty was had in forcing deceased to take the medi- clue prescribed by Dr, Brekes. Dr. Brek: tifleu that deceased looked, when he saw bim, like a man who might have been intoxicated; he was very sick; Dr. Brekes thought deceased had congestion of the bri James R. Hogg, a bookkeeper for Tracey & Russell, testified that deceased uccasionally got intoxicated, but had never kaown bim to tall off his track betere; de- ceased had been employea by Tracey & Russell as driver since 1864, Julia Dooley, wife of the deceased, testified that she went to tho Tombs to pay ‘ber husbana’s fine, but found he was too sick to be discharged; hor husband sometimes drauk, but Was always ablo to ao his work, aud was never arrested tor intoxication, Police Surgeon F. Le Roy Saterice testified that when deceased was brought into the Twenty-ninth precinct station bouge ho (deceased) was under the influence of hquor; I told the police to detain bim until the effects of the liquor bad passed off; bs a bump on the right side of his head, but when [ ex- amined his eyes I found the pupils normal; I discovered no evidence of a fractyre vf the skull. Deputy Coroner Dr. Cushman testified that he made an autopsy of tho deceased, and gave it as his opinion that Dooley’s death was caused by compression uf tho brain from fracture of tho skull. The jury rendered the toliowing verdict:—“That tho said John Dooley came to his death by injuries acct- dentally received by falling off a truck on Thirty-tifth street, near Broadway, November 14, 1876, and we deem that Justice K tion in the ca ee sent to a hospital or the care of friends instead of prison, ”? TOLEDO AND WABASH RAILROAD. A meeting of what are known as the equipment bondholders of the Toledo and Wabash Railroad Com- pany, representing claims to the amount of $600,000 against the company, was held at the office of the Union Pacific Company yesterday for the purpose ot hearing a report [rom their counsel respecting the prog- ress made toward enforcing their rights to a hen on tho property of the railroad compan; What aro known as the gold bond mortgagees commenced pro- ceedings about six months since to foreclose thelr mortgage by reason of the nonpayment of the interest. But a mortgage. known as the consolidated mortgage, bad been previously recorded on ail the property of the company, aad it is claimed by the coupor holders that tuere was a provision in that mortga, them the right to receive in exchange an equal amount ol the convertible bonds of the company which had been socured by that consolidated mortyage. These equip- ment bondholders now seek to avail themseives of that option, which the present directors of the road seek to deny to them. About six weeks ago a compromive was proposed between the gold mortgage bondholders and the sharebolders of the company, which, if carried oat, would practically Cxtinguish the rights of the equipment vondholders to any lien on the property of tho company. A committee’ of tne bonaholders was then appointed to employ counsel to enforce their rights, and the result ut yesterday's meeting was to instrAct their counsel, Mr. Henry 3. Bennett, to take proceeuings for thie purpose in their behali, Thése proceedings will be 1n the nature of a bill in equity and an application for a mandamus to compel the present directors to make the excnango demanded. ‘Vhis, doubtless, will result im further complicating & iT controversy which has been yoing on tor six onths becween th arebolders ana bonabolders of this road, aud which recently was supposed to be on the eve of a peaceful settlement. THE BROOKLYN BRIDGE. Yesterday unother ‘cradle rope’ was stretehed across the towers of the East River Bridge, First As- sistant Eugimoer Paine explained that the rope was manulactured in Trenton, N, J., according to the plans and speeitications of the Chief Engmeer of the work, Colonel Roebling. The massive coil of wire reached Brooklyn on Thursday afternoon. 111s composed of seven strands of galvanized iron wire, each strand being made up of nineteon soparato wires, making 133 strands in the cable. is length 18 3,625 feet, and the wetght is equal to ning pounds to tne lineal toot, making an aggregate weight of 62,625 pounds, with a tenstle strength of 150 (ous, ‘The operations yesterday were conducted under the immediate superintendence of Master Mechanic Fai rington. The cavle was fastened on the Brooklyn side by astrong bight toa two and « quarter inch dManila rope. This rope was made fast on tho New York sido to an Immense six feet drum, which was made to re- volve slowly by the aid of a steam engine, to which it was geared. ‘Two signal men were stationed, one on flags, #0 a8 Wg OGL the cable from the Brooklyn side, As the “rope” was slowly drawn across the wide chasm that separates the two piers 1% was at intervals supported up oar the carrier rope (immediately below which it travelled) by a numbor of ‘sheaves’ that prevented it from making too great acurve toward the water, and tbus saved portion of the strain to which it would otherwise havi been exposed. gan eight o’clock in the morning and was com- pleted ata quarter to threo in the afternoon. The work of stretebing the ends of this new cablo to the anchorage on both sides of the river commenced late in_the afternoon. % The vids for the stee! cablo wire to complete the work will be opened on the 6th of noxt month, Asthe material to be furnished will be great in quantity and very expensive it is expected that a sharp competition must take place between American and foreign manu- facturers. Bids are expected from several Karopean countries, and also from a good many firms throughout the United Staves, MYSTERIOUS DISAPPEARANCE. Mra, Birdsall, of No. 74 East Nineteenth street, re- ported at the Central Office, yesterday, that her hus- band, Samuel S&. 8, Birdsall, who was employed as payment | | it bas been at any previo The operation of passing the rope || | clerk in the Commercial Agency, No. 109 Worth street, had been missing since the day previous, She also stated that on Inst Monday he had been assaulted and rebbed. He was confined*to bis house irom the effects of the outrage tor two days. The police bave sent out a general alarm describing him as thirty-two years of age, medium build, dark complexion and Diack must w BARON VON PALM. Tho following circular mvitation bas been issued to the various scientific institutions and Boards of Health | throughout the United States, to attend the cremation of the remains of the late Baron de New York, November, 187i Dear Sin—Upon the 6th of December, proximo, at Washington, Pu, will be cremated the body of the late Joseph "Henry Louis, Baron de Palm, Grand Cro’ Communder of the Sovereign Order of the Holy Sepu cbre at Jerusalem, Knight of St John of Malta, Pring of the Roman Empire, laie Chamberlain to His Mi Jesty the King of Bavaria, Fellow of the Theosoph Bociety, &., &c., In compliance with wishes expressed to his executors shortly beture mis decease. Tois ceremony you are respectfully invited, either in per- fon oF by proxy, to attend. The cremation will ve effected in a furnace specially desigued ior the purpose and erected by F. Julius Le Moyne, M. D., a8 an earnest of bis preterence tor this mode of sepuiture, The occasion being one of interest to science in its histerical, sanitary and other aspects, the executors of Baron de Palm have couseuted that it shail have pub hieity, This invitation is uccoruingiy seut to you in the hope that you may Gnd 1¢ convenient to be repre- senteu, and, icase the general subject of cremation | stowid be discussed, take part io the debate. ‘The | University of Pennsylvania, the Washington and Jol- ferson College, the New York College of Physicians | and Surgeons, other institutions of jearning, und (he Health Boards of Boston, Philadelphia, Washington, D. C., and other cies have already sigaitied ther in- tention to send represcutatives. “It is believed that tue occasion will draw toge:her a very large number | ot higily competent and influential screntiie ovserv- ers Addresses appropriate Lo the occasion will be | delivered. Washington is a town im Washington county, fp the | Siate of Pennsylvenia, wenty-tive imtles west of Pius. | burg, op ihe Chartiers Valley Railroad, and about mid- way between the cities of Fitisburg and Wheeling, Trois leave Pittsburg and Wheeling tor Washington at | mine o'clock A. M., and at tive o'clock P. M. every day except Sunday, The auuence room of the erematory being quite small, it is necessary that the number intending to be present should be Known In advance, You are there fore requested to signily your determination by mail or telegraph to etther of the undersigned at your early con¥emience. HENRY 8, OLCOrT, : ‘J. NEWTON, Executors under the last will and testament of Baron de Palm. Address box 4,339, New York city. Or, F, JULIUS LeMOYNE, M. Address Washington, Washington county, P An official cxaminaticn of the remains will be made next week, prior to their being forwarded to the j Crematory, to ascertain their condition, Au examina- tion made by the undertaker and soveral physicians, three weoks ago, developed tho fact that the body was in @ perfect state of preservation, and it is not thought . that any change has taken place since, The body ts at present in the receiving vault of the Lutheran Ceme- tery, Williamsbur; STAGNALION IN BUSINESS. Among the many evils occasioned by the present state of political uncertainty and distrust, not the least noticeable is to be found ina general depression in business throughout the country, It isa well known fact that any cause which tends to disturb the general quiet and security of the country is quickly and pain- tulty folt iu all braoches of trace. The period imme diately preceding a Presidential election is always marked by a depression in business oxactly propor- tioned to tho degree of uncertainty as to the result, ‘This effect was more than usually apparent during the Jate campaign, owing tothe remarkable closcneas of the contest. Im order to ascertain to what extent busi- nea§ in this city has been affected by political causes, a representative of the Hxraup yester- day visited a number of the leading whole- 8 nd retail dry goods houses on Broauway, It was found that during the mouths of August, Sep- tember and October, notwithstanding the bad ollect of the campaign, tho outiook was more encouraging than timo since the panic of 1878. On Wednesday—the day following the 4100 when the result was thoazht to have been decided— the prospect became even brighter, and an immedial increase in the number and liberality of retail pur- chasers was observed. But when on Thursday tho re- suit of the election begau to be questioned and political excitement was foreseen, the Mapas was immediate nthe improvement of previous day bad been. Smee that time depression bas increased rather than diminished, The ai ble weather early in the present week caused a great falling off to the retail irsde; but during the past three days—that drawback no longer existing— busimess bas been somewhat more activy, though by no means whatit would naturally have beew in the absence of political excitement. . be eneral complaint among ladics out shopping is th ébinds and fathers have insisted upun rigid economy until the result of the clection is settled und quiet once more restored. An ofice-holder, so long as his continuation in office remains in doubt, hesitates to incur expense in any case where it avoidable. The spirit is willing, but the purse may prove weak. While, on the othor hand, ono who hopes tor a position preiers wuiting till success ured. The wholesale trade—the on now being almost over—has suffered comparatively !ittle from the causes which depress retail business, “Drum. | ming,” which 1s to some extent the gut, of retail trade in the provinces, has been and still continues very dull, Some’ beveft to gen- al business may have been derived irom the pres- ence of ro many Centennial visitors in the city during the past few months; but even that source has now bron almost wholly cutoff. During its continuance, too, it was partially valanced by the econom: necessary in poorer families—who, atter all, con: the great body of retail buyers—to allow of visiting the Centennial Exhivition. There cam be ne doubt that the flattering promises of the fall bave not beon realized, and that the present general depression will continue just so long as the exciting political questions of the day remain unsettled. The prospect to-day is more discouraging than it bas peen at any time for nearly threo years past. BANKRUPT ASSIGNMENTS. Tho following assignments were yesterdsy fled in the County Clerk’s offtice:—J. W. Schemerhorn & to George S. Moulton, Robert E. Fleischer to Henry Woble and Isidor Geist to Jacob Feldman. REDUCED TELEGRAPH RATES. Tho Atlantic and Pacific Telegraph announce a fur- ther reduction in rates of from 201040 percent its reductions, the company claims, have been mado by carefully considered steps, and its purpose, it states, to be to protect the iaterests of the owners of prop- erty and atthe same time to meet the public de- mands, With the viow of simplifying the mode of fixing tarifls, rewucing and equalizing the rates, &c., it divides the territory of the United States east of the Missouri River, reached by its communications, into four sections, The first takes in New York city and Brooklyn and the New England States; th® second, New York State and Pennsylvania; the third, Ohio, Indiana and Alicbigan, and the fourth, liinots, Wisconsin, Minnesota, lowa and Mis- url. is division also incluies Omaha und Kansas The tariff under the proposea reduction will be as follows:—Beiween any two points within 100 miles air line distance (now twenty-live miles) the rate of 25 cents for ten words, exclusive o: address | and signature; between any two pots in sec- tion 1 the rate 1s 25 cents, and between any two points imeach State, where the tariff is now more than 40 cents, it will bo reduced to 40 cents. With reterence to sections 2, 3 and 4, whore the tarifl is now more than 80 cents between any two points it will be reduced to that Nyure; between any point within section 1 and any point within sectiou 2 the highest rato will be 50 cente, and between any point within section 1 and any point within section 3, the maximum rate will be 75 cents; vetween 8) point within section 1 and ‘any poimt within acetion 4, the high- ost rate will be $1; between any point within section % and aby point within section 4, the highest rate will be 75 cents, and betwoen points within sections 2 and 4 and 3 and 4 the highost rate will be $1 and 75 cents re tively. The plan of the company also proviaes aguimet the increase of any special or other rate lowe: than those established by the new schedule. Th tariff will come into effect Friday, December 1], CUSTOM HOUSE NOTES. Under the regulations and the terms of the Appro- priation bill for the eollection of customs throughout the United States, passed by the last Congress, Special Agent Tingle, of the United States Treasury Depart ment, has been in the city for some time past, and, in conjunction with General Chester A. Arthur, Collector of the Port, gono through the list of attachés in the Custom House, not with a view of recommending any reduction in the present force, but to enabie the Secro- tary of tho Treasury to embody the status of the New York Custom House 1 his anual report to Congress. During the past summer Collector Arthur made con- sideruvie reductions in the personne/ of his department ‘and noappointmenis bave been or are made except to fill occurring vacancies. Tho list of employés is now ro- duced to the lowest minimum, and turther reductions would cripple the workings of the department in a serigps wi TI tavor of Mr. Tingle was assisted by Cotlector Arthur, Special Deputy Collector Lydecker and Mr. Frederick J, Puillips, the Collector's private secretary. Owing (0 the demise of Mr. William B, Rotinson, cashier of the Custom House for nearly forty y: 4 Mr. James Holman, cepaty cashier for nearly a quarter ofa century, Was promoted to fill the vacancy. Gen- eral Charles Treichol succeeds Mr. Hofman. Mr. Samuel G. Ogden, auditor of the Castom House, has been confined to his residence by tliness, and in his absence Mr, Samuel J, Jacobs is acting tor. The running time 1s about two hours, | escape uf the forger. THE GUNTHER FORGED CHECKS. ANOTHER INSTANCE OF MISPLACED CONFI~ DENCE—THE CONSEQUENCES OF DISSIPATION. It is the old, old story. A confidential clerk In the office of a firm of which an ex-Mayor is the chief is trasted for bis talents as a bookkeeper and salesman, becomes dissipated, neglects bis duties, is reproved and gently advised; after frequent delinquencies 8 dis- charged, ts penitent, promises reformation, is read- mitted into the confidence of generous employers, for atime exhibits penitence, and at the last moment, when they bope to win him back to duty aug his old ociety and commerce, he perpetrates for- pon his beaefactors that, 11 is Yelieved, amount in the aggregate to between $6,000 and $7,000. He does his work so badly that he is suspected. The firm of C. G. Gunther & Co., of No. 19 Union square, know- ing and appreciating his past servicos, have no desire to biast a young man’s reputation until all hope of his reformation is dispelled. At last, when forged checks, very badly executed, bearing the name of this clerk (John J. Hart) as indorser, have been in circulation they place Detective Tiemann, of the Central Office, on bis track, and for days heis shadowed and watched. While Tieman is working as the confidential and taith- ful officer au indiscrect publication is made which, ex- Mayor Gunther believes, will give the accused warning and resuit in bis escape, The story 1s told briefly :— THE BANK'S VERSIOX, For over twenty-tive years the firms of C. G. Gun- ther’s Son and C, Godfrey Gunther & Co, have been well known and celebrated fur dealers of this city. During this time the chief of the firms, ex-Mayor Gunther, bas kept an account at the Mechanics’ Bank, 1m Wail street, aud never hag the account been over- drawn, Reveniiy, 18 said, on the autbority of an officiai of the bank, they discovered that forged paper of Mr, Gunther was in circulation. ‘The bank telior uid not notice the lorgery at first, as Mr. Gun- her aiways uses a litnograpu check, aud the torgery, as the teiler expressed it, was a periect one, The secre. was revealed at last, however, from the fact that # pecuilue mark, the character of whieh the bank ollicers uid not see fit to disclose, was omitted, The teiler dia not believe that the forger ever presented in person a check at the bank counter, though he was not Positive. ‘Tho uame of th alleged forger 18 John J. Hart, and he was in ex-May or Gunther's employ tor eight or nine years, and when the dummy road on Long Island was completed he was sent there, aud. it was while there that he became possessed of the signatures of the two firms, Many of these checks were sent to the bank from Canada and different parts of the United States, but it could not be tora who was issuing them until a short time since, when Hart went to a iriend and offered him a check for $75, His friend doubted the genuineness ol the check and loaned him then carried the check to the bank, when th: q omission alluded to abeve was noticed. Detecti' have for some time past been on Hart’s tracks, though they profoss that they know from day to day where he has been, they aro unable to arrost bim. ‘THE FIRMS STATEMENT. Inquiries were made yesterday at the office of C. G. Guuther & Co., No. 19 Union square, by a Hxkacp re- porter, Oneofthe firm stated that Mr. Hart was an Englishman, who bad been for many years a trusted bookkeeper in the firm; that of late y he had become dissipated, and was ocunsequently dis- charged. Exhibiting a desire to reform, bo was from Lime to time reinstated and renewed contidence placed in him. Finally the ex-Mayor, whose desiro was to reform the young man, had him appointed as receiver on the Coney Island Railroad last summer, George A. Gunther, aon of tho ex-Mayor, being treasurer. In this position he was often trusted with the deposit in bank daily of the receipts, that frequently reached $1,600 He proved ataih{u: official, and no com- plaint could be alleged against him, Late in the sum- mer he again proved that be was unfit jor trust, and was discharged late in Se} ber, the intention being to reinstate him in the store at No. 19 Union square as a sale: B his discharge. it 16 alleged he obtained a clew, he stracted a number of Mr. C, Godfrey Gunther’s checks and perpetrated tho forgeries, The firm report that he has negotiated, as far as they can ascertain, about thirty forged checks, about two per day baving beon reported to them during a part of the past month. His modus operandi was to make out a check for a:mall amount ona blank check, bearing the red water mark of C. Godfrey Gunther, Hart was in the habit of making out checks payable to himse! id, {ter presenting to his personal iriends these checks, and remarking, ‘You know me,’ he would indorso bis name and secure a loan upon the faeo of 4 check. Two of the largest che were made b; for $75 each, one of which was cashed by the Me- chanics’ National Bank, op the indorsement of Casey & Co, and the other by the Bank of the Metropolis, indorsed by K. A. Lawrence, These checks were cashed by the banks reterred to, as already said, and it is alleged that the bank must lose this amount. Ex-Mayor Gunther stated to iho HxRaxp reporter that the forgeries were a vor; poor attempt to hi gnature, and that belore these ch: jed to the cones named he tent his son to jorged paper upon Neverthoiess, one of the checks was ac- the firm.. cepted and cashed. Mr. Gunther stated further that jor many days Detective Tieman had becn shadowing the accused, and he boheved that the premature publica- cation ot the alleged forgerios would result in tho He said, in additiou, that tho action of the paying teller of the Mechaotes’ Bank was an extraordinary one, inasmuch as be cashed a forged check after having been officially notified of t that forged paper Was in circulation. Said he:—‘-Had one of ny clerks been as careless he could not remain yn my employ.’’ BURGLARY ON CANAL STREET. The liquor store of John W. Fleck, No, 178 Canal strovt, was broken into on Thursday night and about $300 worth of property stolen. From investigations made by the polico it appears that the burglars effected an entrance by prying open a window in the rear. A lightss generally kept burning inthe store during the night to enable the police to see within. The burglars extinguished it and Oflicer McCann, on whose post the place 1s situatod, will be asked by the Commissioners to show cause why he did not detect tho crime. REAL ESTATE There was but one sale offected at the Real Estate Exchange yesterday. Scott & Myers sold, by order of the Supreme Court in foreclosuro, William A. Duer, referee, two lois, each 25x1022, of East Eighty-fourth street, south aide, 200 fect east of First avenue, to Jacob Campbell for $9,250, TRANSYERS. ST7th st., n. 6, 135 f. ©. of Lush ‘Anaerson to A. H. w. corner ot 5 99 ft. 0. of ath w x Gi dat Lite Insurance Company to Universal rance Vompany. 000 . 22 it. oof Denwan sb, 475x105. Glenson and to A. Brown Nom. wife i 5. Lgxl00; RM. liar as Koenig an tl at nw, cor. of Wal Ww. 8. 1X5 it. south of Seth D.o7 Lyman Reynolds and wite to C.K, Pariit Alst at, ne 6, 1401. @, of Sth Stevens and wife 10 A. Il, Woodratt. pn Sist st. & 8, 870M. ¢. of 11th wy., 20x100.5; 8. Neots to Willian MeUrea . 13 tt. ©. of Brondwa; Byrd st, n. Yi Yam’ Wood snd wite toJ. Fitagerald, Eldridge st., 0. 8., 01. n. of Hest: We Tet ar x10; * to"itatoal’ Lilo Tnvaraned om: usxi00; 5 69d at. bbe Dixon’ (reterce) pany.s. ft Sullivan st, ¢ &, of Prine Frankenheimer (referee) to C. Cooper. tease N. w. corner Oth av. and ist st., 10 years; Willi Henry tod. A. Bluxome... Seether a WORT Michael, to New York Bowery Fire fi f Greene st., n. of Sprit il mel wil o 3, Johns Veutry st. 6. of Hudson years. Same to W. 0. Leroy, n. s. of Laight st., ©. of i son; 3 years. Elsner, Henry and wi ate, Cy Finn, 10,000, . Astor, w. 8. of Eldridge o and, to M.A. A. Woodcock, of Washington; 3 year: G. A. Haggerty, 8. 5. 11,000 4,c00 on Macks, Selim and wife, to UG. A, « . 6. of B8th st,, between 7th and Mtn ave; 3 yours. Rothnan, M. 8, and wite, to M. J. Varick and others, 1, 8. OF 80th ate, Ww. Of Dh AVS TORS. cco ). Elizabeth M. and husband, to 8. H. Derin: of Sat tt th and’ Schuster, C. A. nee, Thurston, D., to M. A. Thurston, ays EVACUATION DAY. THE NINETY-THIRD ANNIVERSARY OF THB DEPARTURE OF THE BRITISH FROM NEW YORE. | irr. To-day is the Ninety-third Anniversary of the day when the British troops leit New York, and General Washington, and the patriots returned to thecity, after having endured seven years hard fighting. Evacua:ion Day for many years was celebrated in this city ass popular holiday, and grand parades were made in the streets, that generally wound up in the evening witd fireworks, and other festivities, When the war broke out in the existing scenes that followed the memorles ofthe past were forgotten; and although in the last two or three years some attempts have been mado te revive the celebration, the day has generally paased off'with comparatively triffliag demonstration. ‘Traditions have handed down records of the 25th of November, 1783, when the British troops marched out and Washington took possession of the city. 1¢ is said they left in a moody and sallen disposition after nail- ing their flag to its staff on the Battery and removing the halyards and greasing the pole, There are differ- ent stories as to bow this flag was removed, but it is generally believed that a man named Jobo Van Arsdale cume forward and after procuring @ number of cleats proceeded to climb the pole nailing the cleats as he went along. He finally reached the top, and tearing down the British flag, succeeded in nailing up the Stars ana Stripes. Van Arsdale served with four broth- ers during the Revolutionary war. Ho afterward sailed a packet for thirty years on the North and Kast rivers, and then for twenty years he was wood in. Spector at Peck slip, He died at the age of eighty-one years, in 1536, and was buried with military honors by the veteran corps of the heavy artillery, of which hi was first lieutenant. General city as the British departed, with the troops under the command of sfajor General Knox. Tho New York Fegimentot artillery marched in under the command of Licutenant Coionel Sebastian Bauman. The tollow- ing copy of an original letter trom Colonel Bauman will prove interesting as it is an application tor permission to join with his regiment in the entry of the troops:— AN INTERESTING DOCUMENT. quested by tho officers of the two remainia Companies of the New York reximant of artillery to solicit Your mxcellency that they might be included in having the [enor'to take possession of their metropelis in ense any troops should Le ordered for that purpose. As we are the only State troops iu the fleid, we know of, would think our: honored shonld’ Your Lxeelloncy intercede for fayion. One captain lieutenant. one subaltern, , one corporal andgtwenty mi rimarehning ordery to.g0 to Obweo.” 1 with great respect, Your lency’s my io tvant, &. BAUMAN. Major A *Matrostes, from matrosso—an artilleryman or wort of soldier unuer a gunner, who avwsists in traversing the sung Sd sponging, firing and loading them, THE NEW YORK KFGIMENT OF ARTILLERY served with distinction during the years’ fi ing, and on their return were officered as tollowa:— Lieutenant Colonel, Sebastian Bauman; First Major, Feter Curtenius; Second Major, DeWitt Citnton; Cap- tain George Snowden and Nicholas Roosevelt; Cap- 8, John Swartout, John C. Ludiow and L. Loomis; Firat Lieutenants, Joun Speyer, N. N. De Peyster and Augustus Sacket; Second Lieatenante, Joun Suydam, J, Lawrence, Anthony Lamb and James Manning; Paymaster, John de Lamater, and Master of Stores, Peter Irving. ‘Alter the arrival of the American troops and their march through the city General Wasbington and hi officers were ontertained at ainner, and later on in ¢ evening « grand ball was he! General Washingtog then establisued his headquarters in New York city, and remained there until that memorable day when he proceeded to Annupolis and surrendered his sword to Congress. ‘The tollowing copy of an original document in the possession of Mrs, C.D. Marsh, of East Thirty-third street, allucos to Washington’s inauguration in an direct manner:— A RETURN OF POWDER EXPENDED SINCE LAST RETURN, On the Governor's arrival from Albany... On the arrival of Mr. Adams, Vice Prosiaent April 2, on the arrival of General Washington. Abril 23. Issued to General Malcolm by order of the Governor. . . April 30, « xalute on the instalment of @ May 27, on the arrival of Mrs. Wasliny July 2, issued to General Maleolm Governor. July 4. 0 sa! aly 4, ayeu de joi. September 28, “expt ment of artillery... . z October 11 and 13, firing two salutes by order of the ‘Governor for the French frigate the Active...... tall sees rhe contonte of aix barre a me... eagEe'| “ BAUMAN, Naw York, Nov. 1. 1789. ‘Considerable preparations were evidently made ‘vious to the entry of the troops, in order to receive them with becoming hours, and the following circu! was distributed New Yorx, Nov. The Committ inted to conduct the order ing their Kxcellencies Governor Clinton and Gene: 1783. ingtor Bow leave to inform their Fellow Citiser under the command of Major General Kn version of the City at the Houragreed on T next; as soon as ti may be performed be will request the citizens wo may be assembled on Hurseback at the Bowling Green, se the lower end of the Broad-Way, to accompany him to meet their Excellencies Governor Clinton ‘and General Washing- ton at the Bull's Head, the zens on Fout to assomvle at or near Fresh-water. A onpi ROCESSION. A Party of Horsg will piecede their Excellencies and be on their flanks. After tl rnor will follow 9 Couacis for sing down Pproad-Way, yy i alight nH Tavern. e Committee hope to see their Fellow Citizens conduct themselves with decency and decorum on this joyful Oc casion. een CITIZENS, TARE CARE! s are horeby informed that Permission hi patrols tuisnight, and that every order requisite will be kiven to tho guurds, a» well to wid and protection to the patrols; and t given to Thi ucker. No. 51 \ The veterans of 1812 will parade to-day and hoist the flag over the old fort in Central Park, and that is about all the celebration will comprise. THE MOCTEZUMA, SON BELIEVED TO BE I COMMAND, Tho Heratp of yesterday contained the following Havana despatch ;—‘‘The whereabouts of the steamor Moctezuma 1s still unknown.” The Havana papers Teceived in this city yesterday dontain interesting de- tails of the capture on the 7th of November of said vossol by the patriot Cubans. Tho vessel in question, it may be mentioned, was formorlf in the slave trade and the property of Sefor Zalueta, now Duke of San Antonio, but oftimes called tacetiously in Hevana “Duke of Africa,” on account of the fortune be made in importing slaves. Beforo falling into the hands of the Cubans the Moctezuma was thfproperty of Sefior Herrera, of Havana, When last seen she was heading tor Venezuela, which Republic bas acknowledged belligerent rights to Cuba as against Spain, The fol- Jowing details are from the Diario de la Marina, of Hava At Porto Plata, in St, Domii ou her passage to Porto Rico, the Moctezuma took on board oleven Cuban passenge! nd shortly atter she had doubled Punte de las Troyes (?) the scene was ated which was en- acted formerly on the steamship Commanditario, {Note —Tne Commanditario was seized by eleven Cu- bans on the high .seas, 1m March, 1869, without any Diood beng spilled, and was subsequontiy abandoned and towed back to Havana. ] ‘A favorable opportunity was chesen on the Mocto- zuma, and tho captain was killed and threo others were wounded, At Cape Haytion, in Hayti, fifteen of i aight passengers were pas Tl PRESIDENT PRADO’! ‘a pilot, gerd engineers and seve! party who had landed subsequently proceeded on the French mail steamer to Santiago de Cuba, and as soon as they rived there they informed tho naval authorities of what had transpired. It it on their voyage on the French steamer, the Moctezuma was seen head- ing east, The officers of the Moctezuia reported that the vessel was only coaled for five days, The war steamers Bazan and Fernando ce} Catolico were imme- diately despatched from Santiago de Cuba, with orders to recapture the Moctezuma, to try the pirates and immediately execute them. yee Biger ii -. Further details just received show that rt eleve.a penta was General Prado, son of the Pres! dent of Peru. The Bi thero or be proceeding tured the pirates will have a short shit, No iyevitably soon be received about the Moctezoma. Cuvans in St. Domingo have profi by the an- arcby and revolution in that Republic ‘urn them- selves into pirates and assassins. ‘The ture of this vessel fortunately bas no influence on the Cuban revo- Tution or the question of Spui supremacy. Nors.—President Prado’s son in question, Leoncio Prado, is about twenty-three years of end was for. merly of the Peruvian army. He left this city he Uruguayan steam yacht Uruguay, better known as the Octavia, however, and subsequently made his way te St. Domingo, Ho hasa brotoer, Kosei, who recently Janded with Colonel Lopes de Queraita (formerly of Genoral John Cochrano’s staff) in Cut with the Cubans for Tee Band rata i STEALING A SAFE Yesterday morning when Peter Magor entered bis saloon at No. 1,071 Second avenue, he fou ier boxes and bottles scattered about the floor, and dis, covored that his sale was gone, Hardly believing that burglars could have carried the Jattor away bodily, he made diligent search in the yard ana elsewhere, but no (OONTINUED ON NINTH PAGE] $