The New York Herald Newspaper, October 5, 1877, Page 11

“INCIDENT OF RAILWAY TRAVEL. THE COURTS. A Suit Against the Atlantic and Great Western Railway Company. TMPORTANT DECISION BY JUDGE DANIELS. Ben Holladay Defending His First Wife's Will in His Favor. An important decision bas been rendered by Judge Daniels in the suit brought by William H. Taylor and William a, Duaphy, trustees, against the Atlantic aud Great Western Railway Compary, Tho tacts have heretofore been fully published in the HzraLp, and their recital is, therefore, unnecessary. Owing to the large interests involved, the peculiar complexity of the case and tho important legal principles decided, the Opinion of Judge Vaniels Is given below tn full:— ‘The application in this case 18 for the confirmation fan agreement mado with the holders of certain first mortgage bonds for the extension of the period for their payment for the term of three yoars from the 1st day of October, 1876, To induce the persons holding the bonds to agree to the extension {thas been proposed to pay tho interest accruing upen them atthe rate of seven Percent, in quarterly gold payments, instead of seven per cent in currency, according to theirterms This has been objected to by a small percentage of tho holdors of these bonda, but as they very obviously could not be injured by the increase of their interest by changing the payments trom currency into the More expensive and valuable medium of gold, their ‘objection cannot be sustained because of any uppre= hended tnjury probably resulting to them by rengon of the change, Stull, if they have a legal right to succeed upon the objection it should, of course, be Permitted to provail. But without deciding that point now it may be as well to consider others appearing to be insurmountabie in their character, The application for the confirmation and approval of tho agreement has been made by the plaintifls as trustees of tho Bec ond mortgage bondholders, for the reason that it has beon considered by them as specially advantageous to their interests, on uccount of the present deprociated Condition of tho mortgaged property, Aud if all the | Dondholders secured by the second mortgago as+ Rented to the arrangement a very serious ob- stacle in tho way of its succeas would be out of the case, But they do not, and among thoso opposing it is the detendant, the Banque Franco- Ezyptienne, as the holder of such bonds to thoamount of $1,800,000, 1t is also opposed by others holding small amounts of the bonds. Notwithstanding this resistance the Court of Common Picas of Summit county, in the State of Ohio, has contirmed the agree- ment, und the present application has im great part eon plucod upon the busty of that action; not, how- ever, because it should be adopted us conclusive upon | tho courts of this State, for, as @ mere interlocutory order, it could not be attended with any such eifect, @rinkley vs. Brinkloy, 60 N. ¥., 183.) But more par- Ucuiarly, because, as @ matter of comity, the sume or- der should be made in the courts of this Stato as the court in the State of Ohio had deemed to be proper by way of disposing of a similar application, And there would be a aecided inclination to yield assent to this pgition if that could consistently be allowed ander ho views taken of the worits of the uppiication, But that cunnot be done, becnusge the ugree- Ment itself contemplates a distinct and indepen- dent approval by the courts of each one of the States in which actions are pending for the foreclosure of the mortgage und the sale Of Lue company’s prop- erty, What it was agreed should be done im this re- spect to render the agreement operative, was, that, it sl ould first receive the approval of — the court an Ohio, and also of the courts io tho States of Peansylvania and New York. Aud that was an entirely diferent thing from the Approval of one court, followed formally by tho deler- Mination of the others, A distinct and sepa- Fate approval” was what was in terms ro- quired, uccording to the conclusion reached as the propriety of tho agreement by the courts respectively of these diferent States. And that rendered da examination of the facts upon Which the application has been made uccessary for 4he purpose of uetermining whether such approval Dught to ve given, As it bas already beon intimated, the evidence furnished on the hearing of the applica: tion clearly supports the conclusion that the eucum- Drances upon the property of the company very much exceed It8 value. A large loss must be in uuy event | Busiained by the holders of the bonas sceured by tho Becond mortgage. And by virtue of Uhut instrument they have become Loth legally and equitably ouutied to have tho proceeds of tho property applied upon their debt, alter paying off the first encumbrances, Thut is the plain eflect of the instrument made for the security of their vemands. And this Court has no power to sanction any chango’ in tho ellect of 118 terms. By changing tue payments of interest from currency to go'd such a change would cieariy be maa, It would tucreuse the amount of the first encum- brance by tho imcroused value of gold over currency, Bud correspondingly diminish tho securuy of the holders of the second mortgage bonds. That would be no trifling sum of money, ior the amount of the bonds secured by the first mortgage, and now out- Banding against the company, is the sum of 82,416,800, The Court has no authority which would permit it to take that difference tora period of three y' from the holders of the second mortgage bonds hud give it to the more fortunate owners of the first, Against the objections ol those resisting the proceed: lng. ‘The same principle which would sane- tion a smail increase of the prior encum- brazce would sustain one which might prove pnurely destructive to those designed to be protected by the succeeding encumbrance, And if the Court iad.the power over the agreement of the purtics to change tin uny material respect it could entirely destroy its vaiue, The poiut involved is one of principle solely, for il the power cxists it can be fimited in tts application only by the subject w be aflecced by it, Every bondhoider is equally entitied, by the agreement made with him and with the irusteos for bis beuellt, to be protected in all the ad- vuutages legally secured by it, And for that reason the courts cannot disregard tho principle protecung him, because the amount due to him, aud the extout to which he may be entitled to participate im the aavantages of tho security, may be, comparatively Speaking, not very siguiticant, It 18 enough that a material right may be prejudiced and the party do- prived of the full advantage of his contract aud secu. Fity to require that the Court shall uot inverfore to his manifest injury, And such wright has been clearly shown in Unis cas ‘The vulidity of the contract was also mado depend- out upon the approval of the trustees wader the tirst Mortgage. One of them bag since resigned and tue other bas simply placed himself under the advice Qnd direction of the Court, ‘This was not what was provided for by the terms of the agrou- Mont. Hisjudgmeut upor the subject was required, for his approval could bot be giveo or withheld with: but the exercise of judgment. Ly his first answer ho evaded the periormauce of this duty, and in terms submitted the entire watter to the consideration of the Court, and asked its advice and direction. Aug the | second, though more elaborate, wus not designed to Ue more extended im that respect. For, in that he stated that ho bad “abstained from exe. Coling the said contract and frum promoting or jorwarding it; and bus limited hitneell to BubmiLting the entire question to the Court for direc- tion, and 1s prepared to wet as the Court may instruct him!’? He further added lis opinion, “that if tue | Ultuvate security of the Londs represeutod vy him as | trustee will ve in no impaired, Weakened oF pre- judiced by the forbearance contemplated by the said contract, he decms the arrangement embodied therein to be generally beneticial to the interests of his cestuia que trust, aod to be a8 advantageous an wdjustinent of existing " complications us can reasouavly bo hoped for,” — This was not added for the purpose of supplying the approval mentionva in the agreement, but simply by way of showing What he had discovered no reason why it should not be given. And whother that was advisablo or not was Jelt entirely to the direction of the Court, Upon this Subject the Court was entitied to have his aeuon tor | {Ls guidance and Was not required to deterimime what ‘was proper in the premises both for itself and ine trustee.” The agreement, in terms, also required tbo approval of both the trustees in the preceding mort- guge, aod this Court cannot dispense with the ob- Bervance of that requirement because one of the per- ons bamed alterward resigned bis office. ‘The dgment of the two todividdsls wae stipulated for, nd that Of Schuchardt lay never in auy form veo obtained. ‘Then it bay boon shown that che remaining trustee was enjomed by the order of iis Court trom Approving of the agreement, And while the Court im Obi Was bot restrained 1m tts action by that proceed. Ing this Court eurtainly cannot with the ‘least propricty suuiction w Violauen of its own prohibition. — Both proceedings are of an equitable description, Aud while courts of law lave refused to be bound by the imjunctions of the courts of equity, the tribunal iteelt which as issued the pro: tess hus never knowingly allowed its reatraints to be disregarded, Itappears that the property of the cor- poration has for 4 series of years been in the hands of A recetver, Who las coutinued to operace it under the direction of the courts. During that UUme nis ex. ponses have oxceeded lis receipts by nearly the sum of $600,000, And it has been shown that the earnings at tis Une do not exceed the expenses of operating the roud, For Ubat reason it i6 manifest that tho goid interest could not be paid out of the earnings of the property, even if the Court should add its approval to the agreement Since {t wus to have gone into eflect nearly one year’s iuter- est has matured, aud ho fund Whatever has accrued or been created out of which payment could be made, To Sanction an extension of the credit upon the terms offered would bo of no advantage to any one, Decnuse } of tne Court im Ont the funds required to perform the contract cannot be expected to be obtained. No sound reason seems to exist for the approval of this agreement by the Court, ‘Tho ouly plausible ove is that eustuined by tue action NEW YORK and that should not be followed — because the objections already mentioned. And, besides that, bu order tnere made is stil) the subject of con- test by way of an bite While that is undeter- mined {t cannot be followed as an adjudication con. trolling the rights and interests of the parties. For Shat, as well as the other reasons assigned, the ap- prorat of the contract by this Court ought to be with. oe the motion made on behalf of the plaint:ds den Mr. W. W. MacFarland appeared for the platoti Charles M. Da Costa for tne defendant the Meat Franco-Egyptienne, and Charles H. Tweed for the ue- fendant Bischoffsneim, BEN HOLLADAY IN COURT. After a rather tedious delay there has at length been Drought to trial before Judge Van Vorst, hoiding Spo- cial Term of the Supreme Court, the suit brought by Cassandra Calmes do Bussierre, executrix of Notley Ano Con Holladay, against Benjamin Holladay and wife, Benjamin Holladay, Jr.4 the Mutual Life Insur- ance Company, August Belmont and Ernst Lucke, ‘The facts of the case have already boon fully published in the HERALD, and, a8 wil! be remembered, tne object of tho suit 18 to determine the question as to which of two wills made by Mrs. Notley Auu Con Holladay— one bearing date August 2, 1871, and the other August 20, 1873—ta & vahd méirument ic law, The dece- dent, who wag the firss wile of Benjamin Holladay, widely known for nis Western :nail carrying contracts with the United States Post Office Department, diod in Septermoer, 1875, Her second will, whict devises ber property mostly to her ebtidres an¢ makes ner hus- wud the executor, was Opencd tur probate, Pending such proceedings the Urst will Was discovered, in which all her property ts given to her busband = Mr. Holladay took possession of the property, valued at some $300,000, comprising among other roal estate, tbe “Ophir Farm” at Harrison, Westchester county. Upon the property he obtained the aum of $100,000 on mortgages held now by the Mutual Lite Insurance Company and Beluoat and Lucke, The trial promises: to occupy #ome time, and the various partics liugant are represented by emibent counsel, including Wiliam Allen Butier, ex-Judges Davies ana Porter, Wheeler H, Peckham and Willam Macfarlaud ROCHESTER'S OHIEP OF POLICE. in May last Washington Winsor, a merchant of this city, was on his way home trom tho West, On the same train was Mr. Wilham France, a merchant of Wisconsin, who was robbed of $10 just dolore the train reached Kochester, On tho arrival of the train at that city the conductor pointed out Mr, Winsor as the culprit, and Samucl Brown, @ policeman, took him im custody and marched him to Police Heaaquarters, where Alexander McLean, Ohiof of Police, caused bim to be searched, and intimated an intention to bave nia pieturo taken for the “Kogues’ Gallery.” At this stago Mr. McLean thought it worth while to inquire of Mr, France whether Mr. Winsor was the man who robbed him, to which inquiry the formor gave prompt negative, Mr Winsor was released, but be- ing unwilling to let tbe matter urop vere he, upon the statement of alleged facts as givon above, brought suit for $10,000 dumagea Tho detonce is that the Kovhester police nave to take cognizance ot all com- luinis wade by any oillcers or attachés of tue Now ork Central Railroad Company, aud that on the atement of the culductor the arrest of the plainuil Was justifiable. The cuse came yesterday before Judge Barrett, m the Supremo Court, Coambers, on a motion Lo change the venue from thiscounty to Monroe county. After hearing Mr, J, B, Yerkins, of Rochester, tor the motion, and Messrs. t. Mortimer Seaver and Wilham ‘W. Niies in opposition, Judge Barrett took the papers, AN EXECUTOR’S INDORSEMENTS. There was brought to trial yosterday, before Judge Donohue—but the trial was brought to @ rather specdy termination—tho suit of L H. Bailey, recciver of the National Bank of the Commonwealth, against B, J. Howland and others, to rocover on two notes, one of $17,000 and one of $2,000, made by BK. & F. Howlana, successors to B. J. Howiand, 1t was cluimod by the plaintiff that the indorsements 0 the contin- uation of indorsements of notes made by the late Paul Spotlord for B, J. Howland, for which tho estate is lia- Die, and therefore the executors, tu thoir respective ca- pacity, ure likowise liable. On the part ol the defence it was clutined that Paul W. Spottord, one of the exec- utors of Paul Spoflord above, indorsed the note with- out the authority of lis cocxecutors, that they were accommodaiiun notes, that the plaintif bad failed to connect his Indorsesuents with any indebicdness of Paul Spofford and therefore that the suit must ve dis- missed, at any rate against tho other executors as not being joined with bim, and as against himself because so laras the proof went they were accominodation notes. Mr. Goorge Bliss appeared tor the plaintiff and Mr. Josoph H, Choate tor tho deteudants, After hoaring the case lor the plaiutil!’ Judge Donohue directed a dismissal of the complaint, exceptions Ww be board at the General Term. SUMMARY OF LAW CASES. Captain Alexander Wiley, son of the late William L, Wiley, mado application to the Surrogate yesterday for lottors of administration on the personal estate of his father, Tue personal estate is about $5,000, and as. there {8 no opposition to the application tho letters will no doubt issue in duo course, Herman Peitch, employed in the United States Assay Office, had aa examination beforo United*states Com- missioner Deucl yesterday on a charge of embezzling a pieco of metal valued at about $5,000, Although tho testimony was by no means conclusive against the accused, tho Commissioner doemod it his duty to hold him to bail to await the action of tho Grand Jury. His bail was fixed at $1,000, and Goneral Crook, his counsel, became bis bondsman. Wilham Sopp, charged with cruelty to bis child, a girl of lourteon years, wuo, it was claimed, Sopp por- mitted to resiue in a house of i fame im this city, of which be was alleged to be the proprietor, was yestor- day brought belure Judge Barrett in Supreme Court, Chambers, on a writ of habeas corpus sucd out on his behalt by Mr. William ¥, Howe, [he discharge of the prisoner was claimed on the ground that the tacts relaved in the complaiut, if true, did not constitute an offence against the law, Assistant District Atiorney Marvac contended that suflicient was alleged to placo the prisoner ov his detence. Judge Burrett decided Mr, Howe's point weil taken and discharged the prisoner, Ralph J. Fairbanks in 1874 painted the house of Mrs. Wiliam F. Howe or William #. Howe, tn As- toria. A portion of his charges were paid, but ro- peated ollorts to collect the bulunce were unavailing. He accordingly brought a suit against Mrs. Howe to recover, und the caso was tried in the Marine Court, before Judge Sheridan, The defence was that though the work was done on Mrs, Howe's house still it was Mr, Howo’s debt, and, further, that the deut had bon paid by Mr. Howe's uoto, which, however, wus not puld, At the conclusion of the trial the jury promptly rendered a Verdict tor sho plaintiff for tho tui amount claimed, being $157 28 r. Benjamin F, Russell bs are tor the plaintiff and Messrs. Mitchell Laird and Willam F, Howe for the defendant, DECISIONS. SUPREME COURT—CHAMBERS, By Judgo Barrett, Tho wotion, so far as the alimony Ryan vs. Ryan. ly the same as that which is concerned, 1s substant was denied by the prosiding Justice. 1t 1s only for costs sought (soe order to show cuuse). Leave to re- Dew should have been obtained on notion. The pres- ent motion must therefore be denied without costs, but without prejudice to a motion to renew, on tresh papers showmy facts different from or aduitional to those which were before the presiding Justice, or showing that the defendant waa guilty of deceit or misrepresentation in bis papers previously submitted, Ginues va. Davisou.—No proof ts turnished in gup- port of the allogatious of fucts, Malico i alleged, but ho evidence of it 18 givea, Want of probable causo ie At ove timo alleged; again omitied, Where alleged i | os unsupported by evidence; au arrest wil Dot he apon | mere averment, whether tn the form of an affidavit or acomplaint, The piau tit should make out « prima | lacie case suflicient to enavie him to rest upon tho | trai. The papers ure otherwise vory detective, and the order cannot bo upheld, Motion granted, with $10 costs, Keller vs, Townsend,—Coryelle va. Davis (5 Hill, 659), is inapplicable; that was @ case of bankruptcy, not hon-residence, lu the latter caso there 18 uo Statutory limituuion, Security 1 consequently ree quired in all uctions where the plaioutt 13 « nou-re: deut, Upon the fucts it is @ case jor a bond iu $400. Ordered accordingly. Woodruif vs, Tne Imporial Fire Insurance Com- pany.—Ou the authority of Keil va Rice (24 How., 228), the ttem of $15 for costs alter notice aud belore trial must ve uliowed; also the trial feo of $30. All Other wWemns Of costs must be disallowed, As to disbursements, the witnesses’ foes ($13) all wi- Jowed ; also OF transeript aud filing extract from the Minutes; Suerif’s wrm tee tor March term, 1877, and oath to disbursements and proof of service of bill of costs, All otuer disbursements are disallowed, Costs roudjasted accordingly without costs of appeal, In the inattor of Nostrand vs Kiploy.—As wero has been some delay and confusion 10 this matter, let a copy of thie order be served, with notice that it will bo presented for signature on Suturday moraing. George the Count Joannes ys, Sothern.—Motion denied, with $10 costs, Covel vs. Covel. —I entirely concur with the loarned releree in bis criticism upon the testimony, Miy opinion ts clear and couclusive, The motion to cou- itm wast be granted with judgment a vinculo to the plamuitt Devin, Jr, v8. Maxwell.—Motion to vacate order of arrest denied, with $10 costs. In the nmutier of Kelly,—Guardian romoved and Toleree appointed to piss accounts, ke. Lock vs. Benin. —l'be proof of service is insufllciont, Schick ve, Kuickerbovker Lifs Lusurance Company. — Motion denied, with $10 costa, Muller vs, Fiesh,-Upon the additional affidavits filed the motion is granted for the third Friday, Custello Ys, Aaron. —Motion to vacate order of arrest denied, with glu costs, to abide the event. Gregory Vs Medavun,—Complamt dismissed, with costs und $10 eosts of motion, Caldwell vs. Siiver,—Mowon granted forthe second Friday. Peotors vs, Utter. —Leave to amend granted, Hurd va. Browner,—Motion grauted, COMMON PLEAS—SPECIAL TEBM, By Judge Robinson. In the matter of Croali—Name, residenco and busi- OSs Of assignee Must be mentioned 1 schedule, In the matter of Hornth: Decroo sigued, By Judgo J. F, Daly. In tho matter of Shortridge,—No schedule of stock im trade, Bach item should show & separate columu, its particular depreciation im value, if any, &c 8c memorandum, Wise va. Applebaum. —Momorandum for counsel, GENERAL SESSIONS—PART 1 Betore Recorder Hackett e 4 WELL DESERVED PATR, 4 woman, who gave the name of Annie Smith, was Called to the bar yesterday by Assistant District attor- ney Bell charged with keeping & disorderly bouse at No 11] Wess Twenty-seventh street, It was alleged ‘hat the accused carried on the samo style of exhibl- Mons asthe sotorious Garibaldi, whose vile den was broken up by Captain Byrnes, of the Fifteenth pre- cine, In this ¢: ft would seem that the nuisance had become so intolerable that the residents in the Immediate vicinity were compelled to seek relief at the bauds of the authorities, Tne prisoner was informed that if she moved away from the veignborhood no proceedings wouid be instituted agatnst her, but in- of doing so she bid defiance to ttose who and finally she was arrested, The prisoper on being arra:gued yesterday pleaded guilty, nd her counsel, Colone: Spencer, said she was ready to move away, snd promised to reform, Recorder Buckets interrogated several citizens i ‘court who had complaiues of the nuisance. 1p passing sentence His Honor observed that suis was one of the most in- famous cases that ever came vefore nim. He thought, Indeed, that nothing could equal the horriple charac- ter of the Guaribaidi case, but from what he bad just heard this was equally bad Y'he prisoner bad alréacy bad ample opportunity to reform, but had now doue 80, and all these promise? made when brought to the bar of justice Were mere subtertuge punishmont which such crimes ueserved In view of all the circumstances Le would impose the full penalty prescribe by \uw—pamely, one year’s imprisonment in tho Penitentiary, GENERAL SESSIONS—PART 2 Before Judge Sutnerland, AN EX-POLICEMAN aT THE BAR Poter Quinn was arraigned for trial yesterday by Assistant District Attorney Russell charged with fclo- ious assault, 1t appeared from tho evidence of Rogor O'Halloran that on the 28th of October, 1875, the ac- used, then a police officer, who was cpjoying his day oil, entered his liquor saloon, on the corner of Eighth avenue and Filticth street, and commenced to play cards with aman named Thomas Sweeny. A quarrel arose between them, and O'Halloran, in order to pre- venta disturbance in hiv place, got hold of Quinn and pushed him ona sofa, By some means Quinn’s thumb govintoO’Halloran’s mouth while they were struggling and the teeth of the latter closed upon it, O'Halloran then ran behind the var, when Quinn drew his pistol And fired at bim, the ball entoring a whiskey burrel ciose vy him, This testimony was corroborated wo some extent by Thomas Sweeny, who swore he saw Quinn point the pistol at O'Halloran and fire, All the foregoing parties aro ex-policemen, A witness uamed Joseph Ogle, who was caliod for the prosecution, testi- fled that Sweeny wag the aggressor, that the com. plainant (O'Hulloran) attucked the accused without Cause abd maltreated bim while he had aim down on the solu. He could not, however, state who tired the shot Assistant District Attorney Russoil pro- duced the sworn statement wie witness bad mado before the committing magistrate, which wis contradictory of hie ovidence yesterday, and Judge Sutherland threateued to commit him tor perjury unless he gave a satisfactory explaua- tion of the discrepancy. The witness said it was two Years since the occurrence had taken pluce and he Could not remember oxactly what he swore then. Ho ‘Was certain, however, that a shot was fred and that it came trom the direction where Quinn wus standing, Mr. Howe, on the part of tho prisoner, moved the Court to direct an ucquittal on the ground that the j testimony advanced by the prosecution was so couilict- tng that the jury could not decide as to the roul tacts, The motion was dented and the prisoner tostilied in bis own behalf, He said be was attacked by Sweony and subsequently by O'Halloran, who nearly bit lis band off. Sweeny then rushed at him with a bowtie and was about to strike him with it, when he drew his pistol to scare him. A man numed Lyon sezed bis band ana the pistol went off accidentally, Several witnesses were produced who tostiticd ay lo the good character of the accused, and the further hearing of tho cago was adjourned until this morning. FORFEITED HIS BALL, Some time ago tho caso of Joha G, Jones, charged ‘with receiving goods under falso pretences, was called. Ho did not appear and his bail was forfeited. It was alleged that he roprosented to Mossrs. Smith, of No, 25 Peck slip, that he was tho owner of a saloon at No, 183 Pearl street, and recoived a quantity of wines and liquors, valued'at $505, A bench warrant was issued for bis arrest, and Jones wus taken ito custody by Detectives U’Conuor and Field, of the District Attor- ney’s ollice, ‘he prisoner was brouynt before Judge Sutherland, who committed him to tie Tombs tor trial, PLEA OF GUILTY. James Taylor, of No. 42 Cherry stroct, pleaded guilty to burglary in the third degree, having broken ito the premises of John Kuhr, No, 103 Chorry Street, and stulen a quantity of ciotuing, He was sont to the Stato Prison for ove year and six months, COURT CALENDARS—THIS DAY. Surreme Courr—Cuauners—Hoid by Judge Bar- Tott,—Nos, 132, 28d, 241, 6Y, $8, 92, 96, 07, 142, 145, 207, 209, 217, 220, 245, 351." Cull vegiis at No. Qud and ends at No, Surneme Count—SpeciaL TeumM—licld by Judgo Van Vi rst,—Nos. 561, itu, $69, 507, 616, G17, 646, 661, 664, 634, 565, 624," 63) Suvaxwx Court—TRian Texrm—Purt 1—Held by Judge Douobue.—Sbort Causes—Nos, 2395, 1234, 107) 1001, 2020, 2014, 2224, 24704, 20% 4423, 1007, 1751, Part 2—Held by Short Catses—Nos, 1704, 1850, 1868, 2010, 2015, 2245, 1508, Part 3.—Adjourned until Mouduy next, SUPREME COURT—GuNKRAL TeUM.—Adjourned until next Monday, Surkkion Court—GexnaL Tenw.—Adjournod until the first Mouday of Novemvor, SurEKIOn CouRT—Srxcial Tzru—Held by Judge Freedman.—Demurrer—No, 13. Lasues of fact—Nos, 60, 73, 75, 97. Surkuiok Court—Trian Tarm—Part 1—Held by Judge Speir.—Nos, 834, 865, 376, 49%, 500, 501, 502, 504, 603, 506, 507, 510, 517, S34, 549, 556, 459, 576, 504, 505, 596, 507, 698, 599, do0, Ol, bo2, 603,’ 6d, Bud, Part 2—Adjouroed unuil Monday next’ Part 3—zeid by Judge Sunford.—Nox 307, 145, 583, 289, 202, 430, 432, 439, 440, 448, 452, 405, 45y, 401, 462, 400, du9, AT2, 478, 474, 475,'477, 479, 481, 482 COMMON PLYAS—GENEKaL i eKM.—Adjourned until tirst Monday of Novemper, Common PiKas—Equity Txnmu—LHeld by Judge Rob- fngon. —No day caleudar, ComMon Pukas—IusaL Teaw—Part 1.—Adjourned until next Monday, Part 2—Hela vy Judge Larro- 08, 1915, 1891, 1899, 1400, 1401, 1402, 1405, 1406, 1407, 1408, ‘1409, "1411, ‘1412, '1413," 1414," Part $—Held by Judgo J. 'F. Daly, —Nos, 2247, 1347, 1416, 1417, 1415, 1419, 1420, 1421, 1422, 1423, 14z4, 1425, 1426, 1427, 142, 1429, 1450, 1431, ‘1432, 1433, Manis& Coout—Taiat Txnat—Part 1—Heid by Judge Sinnott.—sbort causea—Nos. 1264, 3196, 3361, 4413, ‘2h52, 3235, 404, B1TS, 4193, 3440, JUTO, B39, 4406, 3480, 8396. Part 2—Hold by Judge Shuridan.—short causos— Nos, 1503, 1847, 1848, 3117, 3407, 2148, 30 0, 4972, 8050, 3499, S480, Bsu2, S211, 3549. Part b—Heid by Judge Aiker. —Siort causes—Nos, 3156, 3378, M421, 3209, iid, S98, Bad, 8802, 4841, 2415, 8523, 8161, BU51, S262, Count ov Grywnan Sxssions—Part 1—Held by Re- corder Hackett.—the People vs. James Schofield, rovbery; Suine va, George Stewart and Claronco Craw Jord, robbery; Same Vs. Andrew Gavagan, tolowious Assault and “battery; Sumo vs, Mary Couneliy, tclo- Hious assault and battery; Same vs. Jefferson Sauo- ders and Robert Cromwoill, folouious assault and bat tery; Same vs. Patrick Floyd, burglary; Same vs. Edward #lannery, burglary; Same vs. Lizzie Suith, grand larceny; Sawe ve, Cuaries McUlellan, grand Jar- cony; Samo vs. Nellie Maxwell, petit larceny; Same Ys Jumog Origen, larceny from tne person. — P. Held by Judge Sutheriand.—-The People vs. Quinn, felonious assault aod buttery, Sume va. William Vincent, lelonious assault and battory; Same vs, James Quiun, ielonious assault and battery; ‘Sane va Robert F. shelton, burglary; Same vs, eury Jester, grand larceny; Same vs, Carl Linan, graud lurceuy; samo vs. John Meyers ard Wiliam IL Finn, grand larceny; Sume vs. Miry Aun Allen, grand larcony; Same vs. Frederick Velter, grand larceny; Same va, James Me- Laughlin, abduction. COURT th Or APPEALS, Aunaxy, N. Y,, Oct. 4, 1877. In the Court of Appeals, Thursday, Octovor 4, 187 No. 164 Smith va Smith,—Upon stipalation and mouon of Frances Keonan, for respondent, Judgment ordered aflirmed, with costs. No. 151, Mynara va Syracuse, &c., Railroad.—Wilk iam 14, Warren tor appellant, W. G Ruger for respon- den jo, 102. Rowley vs Brown,—Argued by M, ML Waters for appellant, &. Chainpiin tor respondent. No, 92 Roso vs. ‘Baldwit.—Arguea vy Rulpy T. Wood tor appellant, David B. Prosser for respondent. . 105, Christo vs Gage.—Argaed by J. A. Chris tle for appeliant, David B. Prosser tor respondent. No, isd, Hale va Kaston.—Argued by K. D. Me- bait ahd for appellant, James B. Jenkins tor rospon- font. No, 104, Payne va, Hodgos.—Argued by Henry Bacon tor appeliaat, C. 4. Winteid for respondent. OALENDAR, ‘The following ts the day calendar for Friday, Octo- ber 6:—Nos, 07, 42, 157, 160, 161, 162, 163, 170, UNITED STATES SUPREME COURT, DECISION--THE ARMY—MILEAGE O¥ OFFICERS ORDERED HOME TO AWAIT ORDERS—COMMU- TATION, Wasuixaros, Oot, 4, 1877, No, 963, The United States, appellants, va Fred- erick Phisteror and other cases—Appeal trom the Court of Claims.—The present caso 13 on0 of a class of which several are bow peuding in this court, and many more it is understood are betore the Court of Claims, ‘The claimant was & captain of tntantry in the United States army, and on the Tih day of January, 1870, by spacial order from the Adjutant General’ office, at his own foquest, was ordered homo to await orders, This was done by virtue of the Consulidating act of March 3 1802, Tho claimant to escape that + proceeded {rom Fort Bridger, Wy. T., where he then wus, 0 his home tn New York c! On tne 28th of ‘ebruary, 1870, be reported aa waiting orders at that pees, and afterward as waiting orders at Littieton, N. ., which was then his home, The ciaim now made ts for mileage tu travelling from Port Bridger to New York and. for commutation tor quarters and for fuel while thas awattiog orders, The Court of Claims lowed the petitiouer both bis mile: id the ‘ation for quarters and fuel during the period men- tioned § The questions will be separately considere: Altor considering the laws and army reg. ulations this Court conclude as follows:—An officer who {8 ordered home to await or. Gers under the Cousolidating act of March 38, 186%, from & post at which he is doing military duty, is entitled $0 wileage while traveling 1n pursuance of such order. Section 1,110 of riny regulations of 1506, that an officer who travels nob less than ten miles without troops, escort, &c., under spectal orders from a superior, &&, shull receive ten conts mileage, applies to euch case. The case !8 not controllua by section 1,117, providing that whe olticers are “per- mitted to exchange stations," &c., they m bear their own expenses, The home of the officer to wich be ordered ig pot & military station, A military ation’? is merely synonymous with military “post.” In each case it means not an ordinary residence, having wuothing military about it except thas one of ite occupants bolas military commission, but a place where military duty ss performed’ or stores are kept or dis- tributed or something connected with war or arme ts kept ordone. There veing no exchange of stations, sthe case is goveraed by section 1,110, and the officer is entiticd to bis inileage, By section 1,080 of the regu- lations, “when public quarters cannot be furnished to Ofticers at stations Without troope quarters will be cominuted at a rate fixed by the Secretary of War and fuel at the market prices” An officer ordered home to await orders is Lot entitled to this commutation, Hos home 1g not a “station” within the meaning of this reguiation, Reversed Mr, Justice Hunt delivered the opinion, BRIGANDS ROUTED, BRAVE DEFENCB OF a STAGE COAOH IN NE- VADA—A ROBBER KILLED. The Eureka (Nev.) Mepublican (Septembor 23) con- tains a thrilling accoant of an attempt to rob one of Wolla, Fargo & Co.'s coaches, which was successfully resisted by the mossengors, Tho stago, says the Ke- publican, shat left Kureka for ‘typo on Monday afvor- noon, the 8d inst, containing Professor 1. Price, tho mining expert, and J, M. Haskell ws passengers, thedriver, Jack Perry, and an employd of tho stage company, Was accosted about nine o'clock at night, as it bad drawn up before the Willows Station, forty miles south of Eurcka, by three masked men, one of whom called upon Biair to surrender, saying, “*Kugene Blair, get off that stago and surrender,” Believing ‘that the men in tho station had got drank and that one of them was playing a blu game, the demand was not immediately complied with; bosides, the night ‘was so dark that the speaker could not bo distinctly soon, The domand, however, was more peremptorily Topeated, when Biair prepared to dismount, leaving the driver and Jimmy Brown on the seat. = Blair had hardly reached the ground with bia trusty shotgun when ho was greeted with a double discharge of » shotgun, ono from the rear of tho stage and the other fom the corner of the stable, both passing so near his head that the powder of one warmed his face, lair Teturocd the lire wlmost simultancousiy, but, being partially biiuded by tho smoke, and not seeing Lis object plamly, evidently without effect, The report of Lis yuu bad uot died eway before the cold muzzle of @ gun was placed againat lis breast vy: one of tho robbers, with whe imteution no doubt of making sure work of the brave messenger, Biair caught it and vrew it aside, aud Lurued tuo rovber, who was pulitug too wroug trigger, half round, wale Brown, on the seut, watching his opportuuity, raised his shotgun as quick as 4 Qash aod gave the road agent the full Contents of one barrel square in the back, und he fell over mortally wocnded, loaded with eigut Luck. shot. Almost simultuniously with this deadly shot, Blair bad placed is shotgun squarely ugainst the tel- low’s breast, und would bave blown a bole through Lit as big as the moon bud not his brave companion pee- formed the eorvice. Brown, after Oring the shot, Jumped from the stags, but bad uot tuirly reached tho ground whet be was shot iu the cal! of the leg, inflict- Ing ® painiul but Hot serious Wound. The other two robbers then fired four more shots atthe messengers at vlose rungo with shotgun and revolvers, none of which, however, did any harm, thoagh they came un- comfortubly close, anu disappeared in the darkness. ‘Tho tiring having ceased, the pussengers got out of the Bluge cautiously und wok u look at the Wounded rob- ber, Who Was writhing In mortal agony, aud unplored, begged and prayed to ve killed, A boise ib the station now attracted attention, and on proceeding thither it was found that the black- smith aud rancher, who were in charge of the place, had been bound securely and threatened with instant death by the robbers tt they would give any wiarm on the approuch of the stage, ‘The robvers hud come to the station ubout an hour previous, compelled tue in- mutes to surrender, cooked a meul and ulo it, unhar- hessed the horses that had been prepared for the 1- coming couch wad then proceeded to lay their plaus of Qttack, Asinall fort was built with bourds at the cor- ner of tho stable, and an old axe placed haugy for the purpose of opening the treasure Lox, Tho wounded robber was tuken tuto the station, Whero all the par- tic# remained during the nigut, Yesterday worning Messrs, Pricey and Haskell continued on their journey to Tyvo, while the two messengers, the driver and the aying robber, who had suifered excruciating tortures through the uight and was very low, prococded to ro- turn to Eureka Every effort was made wo induce tho robber to reveal the natnes of hig assuciatos, vut to no purpose, and when nearing Page’s place, « few milos from Kureka, be began tu breathe bis lust, Just be- fore expiring he gave his name as Jack Davis. The party urrived in town with the corpse on Tuesday eveuing at seven o’clock and stopped before Wolls, Fargo & Co.'s oillce, [From the Cincinnati Commercial, Oct, 1.) The prisunor was about as big as a pepper box, and unspeakably ragged and dirty. He stood there a tiny little waif, abuman atom alono in the big, bad world, so far as frieuds or relatives aro concerned, One dirty {ittle dst was crammed into his right eye, while the tears washed white channels down bis grimy taco, and in 018 other band he beid a huge chank of swonger kase. “What is'your vame ?” wus the question, “Donny Feely, sir," was the answor, “Where aro you from ?”? “From N-n-bew York,” waa the sobbing angwer, “How old are you? **}-\-twelve years, gir.” “Shut up your crying. Nobody’s going to hurt you, When did you leave home?” “Two years ago.’? What have you been doing all this time?"? “Travelling around, sir,’’ “Have you a father aod mother?” if; OM i birteenth street,” at does your lather doy"? Gits drank." yuat dooy your mother do?” ts drunk, 600, That’s all they da”? “What made you leave 1)? “They licked me, and said I could light out whon- ever | pleased. So 1 dia.” How do you travel around?” “On the cars 1 make believe deaf and dumb to git Fidos and gita living lease Jot me go, Don’t lock me up.” twelve years old and for two ye: &@ professional tramp! A keen, bright boy, and ablo to read and wrio There ia the making of 4 smart thief and a noted crimipak He Was taken buck aod Jocked in a coll with a couple of crackers and his choese for solace, REAL ESTATE, THANSYRRS, ¥ 250 tt, w, of ‘Aluxaude Broome ot Velvenl Oth wv BSL) st ‘ Keuny and wife to B. Gwynn. T2ist st, s 8, 200 fh ow, of 2d a ‘U' Bryan to M. J. W 120th st, me 8, 170 th, J. Wright to J, O'Bryan. Sith st, &, 240 ft @ 6th ker to'U, Burkes &, 256x100 av., 250100.5; ‘Both st, & &, BOO Th w, of Sth av., 21x71 waugor to Kt, Feuchtwanzer, Oth su, nw i 1 ft. @. of Cth w Mecutlorty (referee) to G. Blacu a Clinvon st, W. sy 179 Mn, Of Stanton st, Betws, Wei Townley (referoo) to Teutonia’ Savings Bank .. ouTuAGKs, Joutt, ss. Of 44th at,, a of 5 yours, Ryan, Michaol and wild; Wo SAL iodine, ‘as. ot tis at, & af Bd ave; 1 yenr, Woit, Christian aud wiley to M, “Arubolii, aot Geoonwleh av., 6. of 1th ste: yeMrBrecee ees riward, Kugone T., 00 t, Hordel,e. 6 of 10th av.} Bayer, Churlos nud wife, to. ¥, iilidobrandt, ‘ns 6 of ly st., @. of 2d wy.; 5 yours, . 1M ta ba id aud Gd sts, and wite, to OG, year. 3,000 M. and Wits, ‘to Jolin Le Gount, No: is 3 yours M ytoJ. 8,000 low, &. 6, cornur Ureuno 25,000 Grady, Will of Itiverd Bhalvey, M. T., & | HERALD, FRIDAY, OCTOBER 5, 1877.-TRIPLE SHEET. BRAZIL, i HEAVY COFFEE SHIPMENTS TO BALTIMORE AND MEW OBLEANS, BUT NOT TO NEW YORE—A CHANCB FOR UNITED STATES CAPITAL ON THE AMAZON. Rio Janzimo, Sept. 6, 1871 The Kepler, belonging to the Liverpool, Brazil and River Piase Steam Navigation Company, takes to Bal- timore the largest cargo of coffee yes shipped, tt con- sisting of abouts 2,000 tons, of the shipping value of $000,000, The Memling, of the same company, which Jef, on the Sth for New Orleans, also had a tull carga STEAMSIUP INTERRSTS. It ts said bere that persons in the United States con- fomplate running steamers op the Amazon aud us brivataries should the subsidizing of tue Awazvn Steam Navigation Company, whose contracts expire tn No- vember next, uot be renewed, lu regard to thie Visconde Maud, the concessionary wad the owner of 17,000 sbures, has succeeded, with tho assistance of the goverament, in getting tue Coamber of Deputies to pass ab empowering bili authorizing & renewal of con tract tor uot over ten years and for not more than tho Present subsidy, aud this bill will bext week enter the Senate. In the Senate, however, the opposition will be great and prolouged, as not only will it be opposed by all the iberal Senators, but severa) couservative Senators aro uostile to it, while others are not melined to allow wreaewal lor tore than tive years or accede 40 a subsidy of more than 100,000 milfeis ($50,000) » Month—or one-sixth of the preseut subsidy,” IL is also very doubtiul whether any bill can be run through bo Senate at this lute day of the session, ay tt will re- quire u bard push W pasd the estimates, even with a proionation of anoier month, but tb such case @ temporary renowai tor a year will be made RETURN OF THM KALYKROR, Their Mujestics were to etbark at Lisbon on the 6th, but ihe break in the cable between Kio and Bahia deuiys the newa, Should thoy nos mare w diversion to Geari—aud some assort they will—they shouid be here about the 24d, and the official ang private promoters Of city rejoicings are getting excited already over their work, THB MEMORAULE SRVENTIL To morrow will be ihe Bity-sikth unuiversary of tho declaration of Brazilian inaependence, and to-night the festivities begin with concerts given Lo the statues of the first Emperor and o: the Braziiwo Wastington, Jose Bonifacio de Audrada, with hborations of siaves, reworks, preachiugs and general rejoiemys, MO INCKEASK IN DUTHE There is not the jeustdouvs that the Senate will Tejoct the clause iu the estimates establishing tho tax of one and a half per cent vo five per cout on the Bru- ziltun value of foreign goods sent coastwise to othe porta of the Empire, IN THR ARGENTINE REPCRLIC. In the Argentine Confederation the Cuamber of Rop- Tesentuatives bas passed a bill muposing a tari of 50 to 100 percent on arms and wmmunition; of 40 10 100 por cent upon spirits, shoes, wines, harness, car- riages, ke, and of tuirty-live per cent downward on other articles of tnpork A PRIESI’S LOVE. TOUCHING INTERVIEW WITH FATHER WARD'S WIKE IN THE ST, LOUIS ASYLUM—AN INTERESTING EPISODZ OF MATELNITY—10E CHARITY AND MAGNANIMITY OF A WOMAN, {From tho St. Louis Globe-Democrat, Oct 1.) A Globe- Democrat reporter who culled at St. Anno’s Orphan Asylum yesterday afternoon was given per- Mission to sco Mrs, Ward, who was in the patients’ department “She had been very ill,’? said Sistor Angela, “und on Thursday » baby—a swoot little giri— was born to he Sister Angela conducted tho Globe-Democrat man up a flight of stairs, On one sido tho hall was lighted by windows looking out mo a dis- mal courtyard, shut in by surrounding buildings, From the other opened out the pationts’ department, A woman lay upon a bed placed near a window look- ing out tuto O'Fullon street, the sounds of bustling, active life coming faintly from below into tho still sick chamber, A baby lay Upon a small bed at her feet, ‘The pale, wan face of the woman, thinned by sullering, the lemples whiter by contrast with tho blue veins that crossed It—the brave, gentle, purified expresion— ail these aro probably tamitiar scenes to thousands of tho reuders of the Globe-Democrat, who bave boven in such chambers before, ‘Lhe reporter vriefly stated his mission, “Latin very sorry’’—che weak toues those of a heart- sick and weary woman—"that anytoing bas appeared about it in the papers atall, [do wot think 16 was kind in Mrs, ¥- to lot at got out to the public. Lt Hf my sorrow, and 1 would much preier to boar it alone.” Tho reporter suggested that Mra. F. wished to do her 4 kinducas vy restoring ber to her children, “{ am vetter boro’? (in slow, woak toues). “The puns have boen very kind to mo; they have provided everything for my comfort and to see me safe out of my sickness, Besides, { expect to soe my chilaren again, When I gov well L can go to Chicago and seo them, I know they bave given Florence away, But I don’t think the Sisters would give my little girl to any one without knowimg who they were, besides, if family took her uway they would want to adopt her id take good cure of her. “1 know I could tina her n, Twill have enough to do when 1 got well to Ww takocare of thisone and my boy, They uro all L have vo care tor in tho world vow, [ have got a pair of willing hands, and { will go and work out tor them, lwroto to Mra ¥. to ask her to take Willie out and adopt him.” “Have you beard trom ber stnco ??* “No; @ letter cawe yesterday trom her, in which she encloses an article about me and my husband, trom a Chicago paper, the Znter-Ocean, 1 believe,” “Aro tho stuiemunts in that paper true f!” 3 that what was published in the papers here??? she asked the reporter, without answering his ques. tion. ‘he reporter replicd in tho affirmative, aud repeatoa the question, “Yes; only itis not true that my husband deserted me, He had my consent to go. 1 ‘told him that it he thought 1 was for bis happiness to obey the Bishop tt was right that ho should go. don’t’ want to say any- thing to harm him." “You had boen living happily together?” “Ob, yes! (quickly and with # bright look tn her wan luce). 1 don’t believe there was & happier couple in the world than we were. We loved euch other, that $e (as Mf correcting herself), we were both weak, and we lell, Nobody was happior than wo were tor a long time.” “Did he ever speak to you of twinges of con- setencot”” “No, not until that night, when he told mo that the Bishop wanted bim to go to Dabuque, Ho said no would not jeavo me uuless I consented, 1 stated to him, if be thought i was for bie happinoss that it Was best he should go.” “But the statements is thas he toro ap your mar- Finge certificate’” “You? “Ls that true??? “You? “What was bis reason for that?” “A priestin the Church cannos marry” (deliber- ately). “Only I did not think that 1 would have to part from my children,’? “But you did t* “Yes, [was about to be confined, and Willic, my husband, said that he would not go auless he could sco me providea for, Mra F. could not take my children, and the pricst kept giving mo persuasions and reasons until [ consented to put them tn the Douglas ry eee 1 could not take care of them myself, situated ax | w. When | took them thero first they suid they bad sear- let fever there, and so | brought them back, with aa order from Bishop Foley to adm them.” “Is i true that Father Sagtow remarked when ho heard there was seuriet fever in thy tustituiion:— ‘What does 1 matter; if they die whey will go to heaven’ ?” “that jg what Mrs. F. said, according to the Inter. Ocean, I wantas iittle said about the matter in tho papers 48 possible,” ' pie you have read the Jnier-Ocean article about wy “Yo,” “And you say that that article 1s correct, exce| far kg your busband deserting you 1s concerned # “Yos! “Wore you tnstructed by Pather Saatois not to say Ve the agyium buat you were the motucr of the chik ren /”? “You” “And you obeyed ?”” “Yes; 1 only said that had brougns them up since they wore vory little, aud they were very dear to mo, I bated to give them up, but ] did not know what w go, Drs F, was very i! but sbe could not help me, 1 gave them up whea I could not seo what elso toda If you know whuta father's feolings are you may know what I felt,” “Whatchance have you now of getting them again??? “1 thought whou I gave them up I could get them wheu J wantod thom again. J hope to, some time, 1 hope nothing can keep a mother irom her cuiluren, HUNGARY DiVENDED, WHY HUNGARY AND AUSIRIA SHOULD DESIRE AN ALLIANCK WITH TURKEX, Puiravunrita, Sept, 80, 187%, To tus Epiton oy THe HekaLo;— With iufinite sorrow did | read the editorial ip your Paper of tho 80th, in which you see fit to compare the Hungarian eympathizers with Turkey to midnight as- eussins, 1 shall endeavor to defend my countrymen and try to prove to you that ther action is proper. In 1519, when the Hungarians were fighting Austria for their independence, what did sublime and magnant- tous Russia, HOW applauded to the skies oy the ma- Jority of the American press and poopie’ They tell upon our rear, like the scum of all midnight assassins, hired and pald im Austrian gold, to destroy us Tho action of my countrymen i Transylvania was only retaliation; 1b Was not for pay, but was actuated partly by revengo and partly out of gratiude for ihe kind troatinent the Hongarian retugoos of '49 recotved at the hands of the so-called barbarian Way, Mr, Kos suth, Whom you bold up as a slining hgnt of ail IHun- wring, Auvocates aD ulliance with Turkey, and be reve Wie, sit, HO OU Will be BO Sorry for a ‘Nou alll- auco as Emperor Fraocis Josoph, vecause the time 18 not far distant when German aod Russian rapacity will eat up tho whole of Kurope, Not wishing to take up more of your valuablo epace 1 close with the hope that in the future the drat paper im America will give the actions of my co! more appropriate ation, Very respectiull eppropt appel 4 ns | rt rymon @ a STANLEY'S ACHIEVEMENT, MIS NAMB WILL GO DOWM TO POSTERITY SUI ING WITH GLORY. [From the Salt Lake Nows,) Houry M. Stanley, tho explorer, is the bero of the hour, The man wue found Livingstone bas crossed the Alrioan contisent, faced innumerabie dangers and ap- palling difficulties, made mos important discoverics and triumphed where others had failed He has bees guccessiul, therefore the world will praise him and all civilized nations will delight todo him honor, Bus if fatal sickness haa seized him or sume event bad oc- curred beyoud human control to preveus the accom. Plishment of his object, his hurdihvod, perseverance aud indomitable courage would have counted tor little b the multitudes who will now chaut bis praises, * © © ‘the story of his travels, tho obstacles he sur- mounted, the batties—numbering thirty-two—which he fought with the savages of the interior, the death of 156 of bis 800 followers {rom wounds, fevers and ul- cerated vores; the hardsiips incident to @ tropival climate and the passa; of more than seven hundred miles of 4 river ith over thirty cataracts and dangerous rapids, and hostile na tives raging along 16 shores, and Lis successful land. ing at the Cougo’s moutt, will be wonderfully in- Verestinug and wit form subjects for startling Henao articios tor a long time to come, while nis discoveries, the particulars of his scientific observations and the information be bas gained of the ttbes of the wilds of Africa will be treasured by the various screptilic societies as pearls of great price. To the average Mind Stauiey’s creat trip, with its loss of hes expen- diture of money and trials and dangers, will be a matter of emali moment compared with its cost, and Uyyi and Zaumbesi, Kewang, Zoure or lkuta-ya-Congo, witu Cyugo and the reat of these Atrican names, will sound to them like so much gibberish, Bb: raphers and selentists will crowu with hovol gallant and hardy explorer, who bas disclosed to their uae the secrets of & continent which bas hitherto oun, tn tho party he has penetrated, a veritable terra incognita, Staniey’s fortune is tade, and his name will go down to posterity, shining with a glory akin to that of ark und Cook and Franklin ond Livingstone, and other heroes of the world of udventui JOURNALISTIC DEPRECIATION REBUKED, (From the Momphts (feun,) Avalanche, } Tho New York World, whilo according to Mr, Ben- nott, of tho Naw You Hienanp, a largo share of praise for Lis liberality, and to Mr, Stanley, the Ajricun ex+ plorer, the highest commendation tor bis latest feat ta Croasing that continent from the Indian to the Ats jautio shores, is disappointed that, so Jar, all that we have learned of tho sciontillc and geographical results can be putin a nutshell [4 it not too soon, let us usk, tO ¢Xact [rom a inau fatigued and worn out with the toils of travel Wo prepare tor the world a repurt of lis discoveries which stull verity all that tho Herat and Londun Telegraph claim tor their correspoudent? We think so, We uot Leliove that # man of so much experience and intelligence as Stanley would spend 1a Hite aud risk bis health aud ie in vanly murening through tue Jungies ofa Wild jand and navigating rivers whose terrors ure Veriliod in the death of one of hid bravest companions, He achieved solid results tor geographical scicuce by his previous tour, and we bo- lieve that wuen be has ine w tell us of bis last, bo will stand among the Urst of tue adventurous men to whom thy world Is indobted ag “pathinders” through unknown wilds, HIs WORK JUSTLY WEIGHED, [From the Cincinnati (Olio) Gazette.] Henry M. Staniey has finished bis African explora tions, not, us most of bis predecessors, by dying, but by reaching the West coust alter having started on the east, Others have crossed the continent before him, Twenty years ago Livingstone passed trom Angola to Mozambique, aud only a fow months ago Lieutenant Cameron, after beginning his journeying, as aid Stan- ley, ia the dominions of the sultan ot Zanzivar, ended them vy striking the AUlautic at San Felipo dé Benguvla, 1a the Portuguese possessions, Much of his pathway correspouded with taal of our American explorer, Lut, alter surveying Lake fangunyika and Otlier comparatively well Kuowa localities, he turued far to the southward to avoid m coulliel with the uatives, # contlict which stanley, with tis large reinue of armed men, was better uolo Ww susiuin, fhe readers of Liviagsivue’s just jouruais will remember his visit “to tho Mailyema coun ty to the nortueast of Lake Tanganyika, bis encouut ors With the jerocious canuibals inhabiting Its dease forests, aud his lorced retreat throug sickness and Waut of supplies, A glauoe at the map of Alrica wul Suow that the section still marked as “unexplored Tegivas" Lies 1m this vicinity, — Here tow the waters of the Lualuba, supposed by Livingstone wo be ono of tha feeders of the Nug, but beneved, and rendered prov Uie vy Cameron, to be tue upper part of the Conga. It Was to this uuknOWn land Lhut Stanley marched, alter 4 careful examiuation of the Niyauza and Tanganyika lakes, Where ho jearnod inuch 10 addition to whut ear- ler visitors had seen, So long had be been unbeard 01 that bis death was apprebended, fvere wero grave Pousuus lor suspecting the worst, ag the résumé of wis experiences telegrapled from London to the Nxw Yous Hekauy very pliiniy suows, Mis first start wad checked by the linpenetravie forests which border we Luulaba, ‘The natives, wo, Were canuivais, aud Lerce ug American Indians. * © Such is the record of ode of the Wost intrepid aud successlul feats of Alri. cau exploration, Lt bas demonstrated the unity of the Congo and the Luaiaba, and has solved one of the lust rewsining problems of Alrican geography, Since 1516, wuen Capiain Tuckey aud inost of bis leading Aesuciates died of African fever witor ascending the Congy jor several hundred miles, tow artempts Dave Deen made to explore its course, and LONE Went Bo Jal ashe, ‘The list stages of Stauley’s march wero over ground uever trodden by white men, unless by Portu- guede slave travers, wod be bas consequently procured fur geograpuers aw largo amount of “important data, Thero may be those who will think that facts altaued at such vast expense of life uro Lot Worth Lic Cost None, however, cau retrain from admiring tue pluck of Wondering wt tue eudurauce uf tho young Amvricun, Hoe may have been unduly pug Dacious in ailacking aud Killing #0 many ol tho thiev igh islanders of the Victuria Nyanza, bat lorce was whe only argument to which the cannibals of Mauyoma would yield. es0 maneuters ure probably cognate im race & the Fans of the Upper Gavouu, wuo are noted lor their love of human tlesb. 1b 18 to be hoped that the scientilic expedition, Just Sout from Portugal to the regions of the Upper Congo, may gather abun- dant information to supplement the facts which Stuuloy’s journals aro keiy vo set lorth. As the case how rests Stanley must be placed at tic bead of explor Fs in point of boldness and executive wbility, Lows ever much ho way lack the missiouary Zou) aud geatio pationce of Livingstone, the seleutild zeal of Seuwe! turth of Barth, aud the gous good nature of Cameron, FUTURE EXPLORERS LEYT NOTHING BUT A BECONDALY TaSK TO PERFORM, [From the Ogden (Utah) Junction,} ‘The successiul termination of the explorations in the interior of Africa by Houry M, Stanley, the jot com. missioner of the Nsw Yor& Hxxatp and the London Telegraph, 18 very gratifying to tho scientilic world and all who take interest in the solution of geographi- cal problems, Mr, Stanley bas bad a dificult task ; the prospect, in view of tho numerous failures of othor explorers to accomplish anything in relation to the ob- jects now bappily achieved, was discouraging irom tho trst, aud the Sa ae / ‘imparted — by bis expeditious in search of Livingstone, thas the dangers aod hardships were almost insurmount- able, must have Welgued somewhat neavily upon tho young explorer betore leaving Zanzibar on the eastern ‘Africun coast, to set out vt his undertaking. work Of tracing the Cougo of Lualaba River trom tts sources tp tho Central Alrican lake system to the western Coast, Where its Waters minglo with the great Atiantc Uceun, completed the work whico Stanley underwok when be commenced bis second expedivion at Zanzibar alter the deatu of Livingstone, This work was to reac! and tvoroughly explore tne Kiver Nyanga and ity allluents; to trace tho largest of the lab ter to Weir head Watera, so as to estad- lish the volume of the annual contribuvion to the Nile; to feach and examine the Alvert Nyauza; to reach and completo the exploration of Lake Tanganyika, aud to discover its trae outlet, if any ex- tsted. ‘Then to strike Livingstono’s Luaiaba and to follow Its course until it reached either the Nilo or the Congo of some undiscovered inland sea into which its waters emptied. fn the performance of this work Stanley's efforts have been crowned with magnificent buccesy. Uccess 60 Complete that tt virtuaily leaves to future explorers nothing to do but to Hilt up the topographical details between the tramework which Stauley bas prepared for the purpose, This will doubt- less be successfully accomplished in due time, but the prizo for whicb all African explorers bavo strive BoeIns Now Lo be Stanicy's. & JOURNALISTIC TRIUMIH, (From the Gaifney City (S C.) Horald.} Henry M. Stanley, who found Livingstone and took up the work of exploration in Atrica whero Living: wioue jets it, has compleved important discoveries, Among other things, he has shown that what wero herevolore supposed bo be two great fivers, tue Lua luba wad the Congo, constitute one great Fiver in Al- rica, Sailing down the Lualaba, Stamey at Jongth entered tue Congo abd proceeded to its Mouth, tous Showing for the rst Line that these Waters nade ono great river. Stauiey was backed 1 Luis great work hy tho wealth and ebterprise of two greut Journalists, proprietors of the New York MekRaLo and un Londow Zeegraph, Honor to tuem as well as te Stanley. THE Sf, ELMO TRAMP CAPTURED, [From the Alton (IL) Telegraph, Sept, 29.) The St Elmo assassin, whose desperate exploits in the Wabash swamps have been the newspaper sensy tion of tho mouth, was arrested lust Tuesday evening, at the residence of bia mother, In Lovington, LIL, and conveyed to jail in Vandalia, His name is Frank Nichola He bas been visited tn jatl by Frank Wiro- man, the only sarviver of the trio who were ahot by tho desperado on the 10th inst, Wireman, without tno least hesitation, fully identified Nichols as the map who did the shooting. St, Kimo, tho scone of the tragedy, Is located thirteen tiles east of Vandalia; but the ertizens of that village are ib such a state of ox chlemont that the officers luar an attempt at lynohing, A stro uard of do] aberi% surrounds the jail aod tl “atvompus moe violence Wil be sv0uuy Be: