The New York Herald Newspaper, October 21, 1877, Page 8

6 THE COURTS. Important Judicial Warning to Professional Gamblers. THORNY PATHS TO DIVORCE. Suits for Damages Growing Out of the Late Railroad Riots. + BROAD FIELD OF LITIGATION. | Among the decisions just handed down by the Court of Appeals is ono in the case of two professional gamblers, who involgled a stranger into a gambling don and fleeced him out of his money. Following their arrest District Attorney Phelps, baving found it almost impossible to convict gamblers upon the speciiic charge of swindling in the pursuit of their netarious protession, tried the experiment of Indicting the prisoners for larceny, Upon their trial before Judge Sutherland, in the Court of General Sessions, Mr. William =F. Kintzing, their counsel, con- fonded that tho offence was not larceny, ibe money having been voluntarily surrendered, and that it mattered not how fraudulent may have been the intent so long as there was no trespass. The Dis- trict Attorney took a contrary ground, The Judge charged tora conviction, which followed. ‘Ihe case ‘was then taken to the Court of Appeals, which tribu- nal has affirmed the judgment im the General Sessions, Judgo Miller writing tho opinion and ali the Judges concurring, A decision of more vital importance'to the gambling fraternity, as indicating the course likely to be pursued in complaints against them hereafter {and moro encouraging to their beguiled victims, has never been given in the courts, The opinion fs for this reason given below in full:— The prosecutor was induced to place his money upon & game of hazard upon tho assurance of Lewis, one of the prisoners, that Le was to win and he woulu have his money back, or that in case of loss other money Would be procured upon a check which he claimed to have in his possession, aud paid tn place of that lost, It is evident that tue prisoner, Lewis, and his conleder+ ate, Loomis, conspired traudulentiy and teloniously to procure the money of the prosecutor, and by meaus of B trick und device succeodod in converting it to their own use, Upon tho facts proven the question to be determined 13 whether @ case of larceny is established. The jury have touud thatit was the iatentivn of the prisouers to convert the money, without the gonsent And against the will of the prosecutor, and tat he did ot intend to part with his property, 1 think that the Conclusion at which they arrived was abuodantiy war Fanted by the evideuce, and the conviction of the pris- Ouers can be upheld upon weil estabushed legal grounds, Ut 98 contended that tbe conviction was erroneous, be- cause the prosecutor voluutarily parted with bis money, Not expecting to receive back the same bills but otbers fu their place, and heuce the crime was not made out. It must be conceasd that in order to establish tne Offence of larceny there must be trespass, and with- Out this element the olfence is not complete (1 Hawk, Pt. Cr., sec, 1, p. 108; 2 Ruse. on Crimes, 5th Am. Bd, 95; McDonald va. Tue People, 43 N. Y., 61; Hildebrand va The People, 66 N. Y¥., 396). ‘Even slchough the owner is induced to part with his property vy fraudulent means, yet if he actually intends to part with it und delivers’ up pogsession absolutely it 18 not larceny (People vs smith, 63 .N. Y., 111). In this case, considering the circumsiances, it Cauuot be deemed, we think, (hat (the prosecutor intended to part with the possession or the ownership of tho money, It was handed over for a particular purpose, with uo intention to loan it or Absolutely to surrender the titie, and it was only in case of its loss taut other money was to be procured upon the check, which the prisoner Lewis cluimed to have in his possession, The prosecutor thea had Paried no absolute right to the same, uor trapaterred Any Uitle to the bills before the contingency of the loss Occurred, and the use of the money;was but temporary Gud for a specilied object. Certuinly, when 1 ap- peared that no loss bad happeneu, the temporary pi Bessiun Was at an eng, aud Lo all intents and purposes the money reverted to the prosecutor, The aliegod Joss, brought about by the criminal and traudulent conduct of the prisouers, could not change the tie or in any way trauster the ownership to then, ‘They did hot thereby acquire any right, aud it cannot seriously be questioned that at Luis me, Mf not belore, the Prosecutor would have been justified iu taking the Inoney forcibly, or could have’ maintained an action for the recovery of the same identical bills, It was his money, and the conversion uf it by ihe prison before 11 Was Won Was Without a sembluuco of lawiul authority, ang, as the jury have found, with a teloni- ous tutent. It was a clear caso of larceny, us marked apd signiticant in its general features us'if the pris- Overs bad wrongiully seized and appropriated it when first produced. ihe form of throwing the dice was only u cover, adevice und contrivance to conceal the Onginal design, wud so long as there Was no consent to part with the mouey does not change the real cuarac- Wer of the crime “While the clement of trexpass is Wanting and the offence 1x not larceny where consent is given aud Lhe owner intended to part with his prop- erly absolutely, apd not merely with a Letmporary pos- session of the same, even although such consent Was procured by ‘fraud aud the persou ob- taming 4¢ bad an animus furaudi; yet, as is well said by a writer on criminal’ law, “it is different whore, with the animus turandi, o person obtains cousent to his temporary possession Of property and tueu converts it to Lis own use, The t goes iarther tuaa the consent, aud may be fairy Suid bo be ugainst it, Conseut to deliver the tompo- Fury possession is not conseut to deliver the vroperty do a thing, aud il & person, aaimus turandi, avails hime Bell of & Lewporary possessiun for a specilic purpose, obtulned by cCousent, to convert the property in the thing to bimself und deiraud the owner thereof, he Certuinly bus not the conseut of the owner, He is, therelore, acting against tue will of the owner und 13 B Wrespas-er, becwuse a trespasser upon the property of anothor 18 only doing some act upon that property against tbe willof tue owner”? In the cose at bar there was no vulid agreement to part with the money Rosolutcly and No consent to divest the owner Of Bis litle, 11 Was passed over for 4 mere temporary use at most, and the legal title remaining in tue owner tho Conversion of it by the prisoners within the rule cited was larceuy, The reports are tull of familar tilustra- tions of this rule, as a relerence Wo some Jeuding cases wili show, in Hudebrand vs, Peopie, supra, a til foliar bill delivered Wo the prisouer to pay too cents and return the change Was kept by him, and it was held to be larceny, 1t was intended that aiver taking out the ten cents other mouey should be exchanged, aud to this exseut aud for whis purpose tho prisouer uad law- ful possessiou of the money. 10 that case, as hero, the money was not absolutely parted with, but sur- Tendored ior u specific purpose aud the custody tem- Porarily transierrea, It is true what in the cuso inst tited ihe delivery was Leid net wo ve completo until the change was returned, but that does notalter the principle when there was but a temporury Possession, ax fuer Was nO transfer of.tue OWuerstiip. (See also McDonald vs, People, supra.) Nor does it Buange Ube aspect of the case wuen, by trick or device, tue owner is 1uduced to part with the custody or nuked possesion of property for a special purpose to one Who receives it, unimus jurandi, aod Bull means to rewin uw right uf property. (Sinith People," 53 N. ¥., 111.) Ia Rex vs. Homer, 1 Leach, 30d, where Ue presecutor was decoyed into @ public house and Woney ObIaiued Irom liin for ho purpose of playing at cards und appropriated by the prisoner, it Was Leid that if there was a precoucerted plau to obimio the mMouey abd au animus turandi, it was tolonious This fuse 18 analogous aud directly 1n point, und it is ditit- tuit to draw avy distinction between the cuse cited aud the case at bar, us there Was quite as airong grouud for Gading the teiouious iotent iu the laser case as in that tied. In Rex vs ovson, Russ. & Ry., OC. C., 413, where tuere was u pian to cleat the prosecutor out of is property under color of & bet, and he parted with the possession only tu deposit it as a stake with one of the confederates, the taking was held to be Ielonivas, ‘This case is directly ia pow, and, as a decision by tne twelve judges, is eutitled to yreat weight, The cases Felerred to, Without citing others wuich bear im Lue faine direction, ure suillcint to sustain tue convieuol fnd the cages Which have veen cited us upholding Ub principle that there was no such parting with the prop. erty a3 0 constitute larceny, do aot, 1 think, x the exiout Which is Claimed, Alter a carelul ¢ tion, without considering thom in detail, sulli fay thot, perbups, witha single excepuion (ie, Thomas, 9 Curr wod Payne, 741) wuich was a rus uveision, and is crivewmed tm iidebrand vy Te Peop' tinguisuavle trom the nist the opinion in ) they are ail clvarly dis ase how considered, aud the Weilgut of authority is decidedly in un opposite diree- tion, There is, to be sure, # narrow wargin betwoen & case Of laree jd One Where the property bas been bbtuined by talse pretences. The distinction is a very Dice one, but sul very smportant. The chara lhe crime depends upon the intention of the p: Sod (bat intention devermines the wature oi fevee, 1 the former case, where by raud, ¢o! OF urtifice Lhe pyssoseion is vViained With a leluuious design aud ihe tite sul remains in the owner, larceny fs established, while in Lhe Jatter, Where Lille’ as weil 4s possession is absolutely partod, the crime 1s false Protences, Lt will be observed that the mtontion ot the owner to part with his property is the Fist aud ersence of Lhe ollence ol jarcouy aud the vital Pont Upon Which the erie Linges and 1s Love deter Minea, Although the present case is on the border dine, yet 11 is quite cloar that it was, as the evidence stuod, a fair question ior the jury vw decide as to tue intent of ihe prisoners iclouiousiy wo tke the mouey Gnd us Lo the iuivation of Lue prosecutor to part with the ownersip of the sume. Yuexe questions were farly submitted by the Judge to their consideration, ag there Was Ho error iu Lhe charge or im any Other respect on the trial, the conviction must be ellirmed. THE DIVORCE LULLETIN. ‘The suit of Sarah Fox against ner husband, Charles Fox, for limited divgrce ov tho ground of cruelty, same before Judge Robinson yosterday in the Court | with costs, phe appiicativgs to set the judg: NEW YORK HERALD, SUNDAY, OCTOBER 21, 1877—QUINTUPIE® SHEET. marriage the defendant bas treated hor in a cruel manner; that on the Ist of April last he abandoned her and the children, and that ho has since refused to support them, The defendant, in his answer, states that his wife bas made bis lifo mis erable; that she abandoned him for the society of other men, with whom she frequents places of amuse- ment, theatres and balls; that she receives the visits of one Falk Rhonheimer, agaiust whom he has brought a crim, con. suit in the Marine Court, which is now pending; that by reasop of her acts she has driven bim from bis home and ruimed bis business and peace of mind. The matter came before the Court ona motion made by William F, Howe, platntiti’s counsel, for alimony and counsel fee, The defendant,. by Mr. Oscar Hochstaetter, her attorney, opposing the motion, states that the action ia not brought in good + to intimidate the feudaut i bis action against Rhonhemmer and one Simon Levy. Yor alleged seduction and criminal connection ; that | defendant has been arrested for non-support of bis wite, but that the action was dismissed by the police magistrate; that she has offered him a full reipaso from bis Marriage contract it be would declare him~- self guilty of adultery, and would obtain for him an ubsolute divorce, and that Simon Levy offored to pay the expenses of such proceeding; that he 1s com- plet destitute, and. that bis wito has suilicient to ‘support ber; that only one of the children is his; thas his wife was seen at Rockaway with strange men, and also at balig at Irving Hall; that he has never mal- treated her, but, on the coatrary, basexnibited toward her the utmost kinduess, This affidavit was followed by others in corroboration of its oments. <Afier hearing the argument Judge Robinson denied the mo- tion, In the suit for divorce brought by Julius Schroeder against Sophia Schroeder applicajoun was made yes- terday before Judge Dononue, in Supremo Court Chambers, by Mr, William F. Howe for alimony and counsel 1ce, In the papers submitted on vebalt of the motion it was alleged that sir. Schroeder has an jucome of $1,500; that be hulds a mortgage on prop- erty in Melrose, und that baving no one vise but him- self to Support he 18 abuudantly able to pay alimony and counsel few pendenie lite; bis wile, as jurther alleged, being wholly without mvaus of support und at present living ou the charity of her relations, Mr. Henry H. Morange, in opposition to the motion, pro- duced ailiduvits setting forth thut Schroeder only earned $15 week as sales on commissivn, and that he bas no other means of support; that out of bis limited means he supports their tour children, It is further stated that Mrs, Schroeder nas been committed to the Workvouse on Blackwell's Isiand and to tho Ine- Driate’s Home for tntexication; that when she is sober she 18 able to'ourn a vood living, aud that meantime she ts being taken cure of by a wealthy uncle, As to the charge of drunkenness, 1t was stated in reply that she was mage drunk by Ler husband and seut to the Islaud for the purpose of ting rid of hor, Judge Donohue took the papers, reserving decision, ‘The couchman of Moses Taylor, Johu McLoughlin by name, bas sued Bis wifu lor divorce on tho ground of alleged adultery with anotber coachimau, named O'Neil ‘The allegation was denied, and a motion for alimony and couusel ice made belore Judge Robinson, du the Court of Common Pleas, was yesterday granted, THE LATE RAILROAD RIOTS. ‘The fruits of the great railroad strikes aro boginning to make themselves apparent in Muyation in the courts, The extent of theso strikes and the amount of injury alleged to bave been sustained by shippers of merchandise and other ireight givo promise that theso suits will rival in number tho fabulous leaves in Vallambrowa, aud thatthe courts will for a long time to come be targely occupied in adjusting them, lnitiatory «sulle in these lengthy lntigations bave been brought against the Penasyl- vania Railroad Company, actiong having veen commenced yesterday io the Supreme Court aguinst this Company by Levy Brotnors, Jusoph Tomlinson, Wheelwright & Co, Noustauter Brothers and others Jor lows of yoous during tho railroad rioty of July last, ExJudge Hart aud Ira Leo Bamberger, attorueys for the complainants, appeared yosturauy, ju Supreme Court, Chambers, belore Judge Donohue, with papers to procure an order fur publication of summous, lt was tnally dotermined to serve the company’s agent resident in tuis city. ‘The com- plaints are muterially tho sume in ali the cases, and demand damages for loss of goods by the alleged ueg- gence and fault of the company. In an interview with Mr, Bamberger 1} was uscertained that he rep- rosented ciaimante to the amount of $20,000, mostly merchants of Chicago and California, who bave all determined io prosecute their claims, ‘“Thoro is uo doubt,” said Mr. Bamberger, “‘<bat a common carrier cau, under the must recent decisions of the Court of Appeals, limit 1s common law liability by express comtract; but the cases do uot go 80 lar as 10 exempt the cumpauy irom gross negli- geace. 1 think tuat every jury,’’ he adaod, ‘will boid iL to be an act of gross negligence On the part of the company to undertuke to transport goods at a time when their own cmployés, in whose selection we bad no Voice, were in u slaie of insurrection.” All the «omplaints have been served. There remain twenty @ays to put in auswers, aller which this great legal controversy will doubtless yet under full headway, with promise of a lively aud profitable employment tor lawyers and heavy draits on the exchequer of the con- vestants, THE GREAT UNCRUSHED. The fact of the detauit taken against George Jones, otherwise known as tho Count Joannes, in bia suit aguinst Messrs, Jarrett & Palmer vo recover $1,400, bulauce claimed for playing Richard IL about six years ago, was published in tho xkatp at the ume. ‘Thi unexpected and disastrous termination of a suit commenced under such favorable auspices rather staggered the Count. Not feeling disposed, however, to renounce all the possivie benellis likely to accrue from a successful consummation of the litigation the Count yesterday moved, beforo Judge Freedman, to the 5uperior Court, Speciat Term, to open tho deiault, Mr. Benjamin F, Russell, counsel tor Jarrett & Paimer, upon the motion being cabled, said be would not trouble tho Court with 4 hearing, as ho was tustructed by his cients to waive all costs in the matter and to consent to # restoration of the case to the calendar for trial, the plaintiff having ailegead his default to have been the result of ap accident und net ioten- tionul azd the delendants, being destrous that a jury shouid pass upon the question of their tudebtedness at the cariivst_ moment, The case was then restored to the calendar of tue present term, and its trial in No- vomber 18 thus insured. Mr, Russell's generosity did not seem to crusn the Count, who walked out of court with the air of one the extent of whose injuries could not be computed, SUMMARY Of LAW CASES, Philip D. Marsh, hold for examination for shipping unmarked packages of matches on bourd the steamor Old Dominion, Was boiore United States Commissioner Deuel yesterday and was discharged, It wes proved that the shipment was accidental, The final argument was delivered yesterday by ex- Judge Dittenhoeier, beiore Uaited States Commis- sioner Osborn, in the extradition case of Everhard Wiigand, an alleged deiauiter to the goverument of the Grand Duchy of Hesse. Tho Commissioner will deliver his decision on noxt Saturday. John F. Smythe, Superintendeat of the Insurance Department, obtaiued permission yesterday from Judge Donobue to make Heary R. Pierson receiver of the North American Lilie Insurance Company, part defendant in Uirty-tive forectosure suits, It is stated im the petition that theso suis were aseiyued to Superintendent Smythe by the insurance cumpany ag security for certain policy Lolders, he Unusual spectacie of three Chinamen im Supreme Court, Chambers, yesterday, vecasioned considerable Curiosity, ‘Tho three Celestiuls were nawed Ali sain, Ab Foo and Au Sin. lt seema that the tree when Visiting @ place in T'wenty-seveuth street were uncere- moniously busted out and assaulted. ‘bey bad their Asgailauts arrested aud came in Court yesterday to wee What disposition Would be tnade of the habeus corpus proceedings taken out by Mr. Kdinund £. Price, their counsel, Three of the assailauts were discharged by Judge Donotus und ove was remaaced. A decision bas been given by Judge Van Vorst upoa the application to reopen a judgment obtained by Mrs, Catheriue Donovan, of 245 Filth avenue, agaist tho Compagnie Generale Trausatlantique for the value of @ case of goods shipped trom favre to Now York, and Jost, charged, on ibe voyago—at all evenis, never delivered to Mra. Donovan. ‘Tho grounds of tho appii- cation were that the Freach steamship company hud recently discovered eVideuce that Mrs. Douovan in- tended to smuggle these goods, and in fact had done so, Mrs. Donovan and ber eimpioyés denied ail these matiers on oath, and Judge Van’ Vorst ied uxes those or grant a new trial, and in lis opin words, vVindieauing Sirs, Donovan: hot shown in any way personally Cogn: mattePs alleged to have taken place ou the slip in re- pect LO Lue VOX ANd Its ConteALs, 40 as Lo Allow Lhe declarations and acts of others to be given in evidence, The case of goods was in the care and cyDtrol of tho agents of Lhe delenuanl, tor whose fiderty they aro Habvie.”” Mesers, Lyday Bros. aypoared for the platn- ull and Coudert bros, jor the defeadants, DECLSIONS. SUPREME COURT—CHAMBERS, By Judge Donohue, Tousey vs. Hoflmau; Hart v4 Schausberg; in the matver of Hart; Society tor Whe Relormution of Juve- nile Veinquents vs “Kraus; Brett va McCauley; Hauser va, Curroil; Mussen ‘vs, Daly and another; Pwrsen vs. The Atiauuic National Bank; Simons va Simons; Thompson vs. Goepp, —Grauted, Lyons vs. Murat; ia the matter of Skidmore— Ordors grantod. Hali vs, Sculesinger.—Motion granted; mo aliow- aves, Chaster vs Gamewell cod anothor,—Motion dealed, with costs. COMMON PLEAS—SPECIAL TERM. By Jadgo Robinson, Cook vs, Gerard. —Appoal visinisscd, with $10 costs, Univss defendant ile revurn withiu five days. Hess vs. Murphy.—Demurrer overruled and judge mout ordered for piaintill, Wish $10 costs of motion. Thurber aud oluers Ve Breuten.—Mouon to vacate Judgment granted, without costs. Horgan Vs, Lauson,—Mowon for receiver dismissed and temporary jujunction dissvived, wih $10 costa pf Common Pleas. In ber complaint tuo piaiuwit Slates that she was married to the deicndant in March, 1872, in this city, and that they lived together until Avril, 1877, baying had two childven; that since their : Ascoudori va Moyer. — Rel ee ordered, MARINE COURT—CHAMBERS, By Jadge McAdam, Greacen va, Katski. —Kecord amended to parties. Metropolitan National Uauk va Lutire, Sculoerb va Fieishauer; Randall va Taliman; West va, Eblers; Bauleld ve, Thiel; Smith vs, ihieceNounes genet. Thomson va. Fablbush.—Referred to Judge Hoy man. Nason va Cassidy.—Motion denied. ~ Horan va Powers. —Judgment vacated. Johnson va, Grover; Union Bank va, Van Arsdalo,— Proceedings dismissed. Coben vs. Sapiro.—Decision filed, Sturgeon va. Strippel.—Motion to vacate arrest do- nied, a8 per decision tied. Bailey va. Tonneat; Stevenson va, Hopkins; Becors va, Streoter.—Defaults. Greer v: Motion granted unless piaintif’ amenus hi Pag nod Hane va. brane. —Detault oj Cohen va, Harris,—Complaint dismissed, Pi Jacobson.—Jesso Murphy appointed re- ver. Chansel vs. Dick.—Undertaking cancelled, Nicholson vs, Weatervelt,—T. M. Wyat appointed re- coiver, Kehoe va. Niiman.—Bailablo attachment ordered. Keogh va Greenville.—Defendunt will be committed for contempt unless he complies with order, Kidd va, Myerson.—Judgment for platotui, MABEL LEONARD, plese At length thero has probably been brought to a final termination the Mabel Leonard case in the courts. She was brought yesterday before Judge Donohue, whon, alter a conferenco botween the Judge, Mr. William F. Howe, counsel for Mrs. Rogors, Mabel’s mother, and Mr, Lowi L. Delafield, counsel tor the Society for the Prevention of Cruelty to Children, it was agreed that Frank Girard should bo ap- pomwted as her guardian for three mouths, with & proviso that during this time we is not to take her out of the jurisdiction of the Court; that ne shall at all times permit ber futher to see her; that be shall keep an uccount of her earnings aud of lis expeuses, and report the same to the Court ut the expirauion of turee munthe. Lt was also stipulated that a#ould Mabel’s father desire to do #0 he could at apy time apply tor a vacation for bisdaughter, After the order had becn signed by Judge jolue Mr, Howe transferred his juvenile ward to the custody of Mr. Girard, Sho thanked Him for toe kind treatmeut she had received at his house, and expressed sorrow that she waz not going to stop there longer. Iu the cave of Mrs, Rogors, who pleaded guilty to the Shara of consempt of Court lor abduct- ing Mabol, Judge Donohue suspended sentence. Ho suid that'bis object was simply to prevent ber from interfering with the child again. An order was there- yan entered for her discuarge from Ludlow Strect ual, ned on terms, BLISSFUL BIGAMY. Jacob Schmidt, an honest Dutch skipper, mate of the Mary Adolaide, stood yesterday betore Justice Kus- mire, in the Harlem Polico Court, Hanging upon either arm were bis two wives, Hermion Bong und Katrina Bader. ‘tho complaint against Schunidt was perforred by Christian Bader, a brother of Kusrina, Schinidt it seems married Hermion, who is only twenty-three, in February, 1876, supposing her to bo a youn, widow, Aftor awhile it leaked out that Mrs, Schmidt bad a living husband, one Jobn Kennedy. Schmidt offered to retain his wife provided 4! began proceeaings for a divorce. The lady did bot thivk it worth while and Schmidt abandened bis wife. Ho could not exist, however, without a companion, und five weeks ago married Katrina Bader, who 18 a blooming dumse! of twenty-eight, Tbe Mury Adelaide bore tuo bappy couple on a wed- ding tour, but when the vossel floated into hor pier on Friday night Ofticor Walters produced a warrant from Justice Kasinire and took the unbappy bridegroom to the 126th atreet polico station, Yesterday in court the wives, who are both swoet und pretty, were disposed to be merci! The prisoner waived examipation and was comuitted for trial at the General sessions in default of $1,009 brik HIS MOTHER’s EYES, “Mrs, Smith,” said the Justice in the Fitty-soventh street Court slowly to the prisonor, ‘you drink ?”” ‘1 do not, Your Honor, because 1 can’t; my hoad's 80 woak I can’t touch a drop,” “sHere’s your own busband says you ofton are drunk?” “it’s himself that’s go, 10s my word against his.”” “But here’s your sun, Now, be’s a good boy, isn’t het" Mra, Smith, suddenly deaf, with hor hand ear-tram- pot fashion, “Kut?! “You bave a good boy, haven't you?” “Ho's fiiteen,”” “1s he not a good boy 2”? “We live in Thirty-illth street.’ Justice, becoming hoarse, in a very loud tone, “I ask you What ts his character, good or otherwise?” eyes. es, your Honor, they do say he’s got his mo.ber’s “Woll, sonny, I know you feel it’s hard to testily against your mother, but that only proves that she needs looking alter. Mrs. Smith, ten days.” REAL ESTATE. ‘The following sales wore mado yesterday on the Exchange. BY RICHARD V. HARNETT. Supreme Court foreclosure sale—Jacob B. Goodlett, releree—of @ frame building, with lot, 20.6x100x 50x25, u. @, cornor of Sth ay. wud 47th st, to U.K, Allon...... 818,100 Also similar sale o x 109, on Bth ay i two lois, togetiior “in we corner of 47th ings und two lois, of Sth av., SOM. n. of jot, 25x 50 ft, 6. of Bth av., F. Alien... wy Joun 7. nov. Foreclosare salo—James ¢’. Ledwith, roferce—of « right, title und interest In the tour story brick store, und leane of plot of laud SL $x389.0x91.9x43 6, ‘Nos. 68 and 70 University place, 12518, n. of 12th 81. ; lousod May 1, 1801; torm 21' yours, to Chrls- an Moller, plaintiff... daosvans BY LOUIS Mxsini. Foreclosure sulo—Ambrose Monell, referce—of the four story brick dwelling und store, with louse of lot 46.5 fh. u. of Blast Fm 20 yout Peter Goe at, : loused Februnry und rent $800 5 3 tel per annua, to 3,800 Foreelosuro sale—Altrod Taylor, referee—of the four story brick store und dwelling house, with lot 20x 62.8, No 872 6th av., 20.4 ft. n.'of 49th Jacod Bittrof, plaineut ous Also similar louse, with lot 20x62., - 12, No, 876 6th ‘Ay. v. 8, O24 It n. of 49th st, to Jacob Buttrot, pialnti 12, Total sales for tho da, . -878,300 The total sales for the week on the Exchango foot up $236,854, against $261,124 for the previous week, Tho Teal ostate transiors for the week, exclusive of yestor- day, are as follows:—Monday, $259,300; Tuosday, $233,780; Wodnesday, $34,815; Tuursday, $213,800; Friday, $202,050. «Total, $1,044, 764, ‘The aggregate of trausiers iu the Westchester wards included im the above $s $8,600; the amount for tue previous week was $30,690; this week's decrease, $31,195. From October 1310 October 19, 54 mortgages wero recorded, The namber for the preceding six days was 119, which shows a decrease of 66 for this week, The total amount of mortgages 18 $300,967; (he amount tor the previous weok was $723,858; (his week's decrease, $482,901. ERS. V., 18%98,9; B. Irwin ik ite to F. Ly Burchard 8%. BAS Ht om. of GOL xlugton av., @. %, 66.9 It, n. ves Judge und wile to Patrick ro- a ays . 32,000 8, 17.4 ft. of 74th st., 50x75; wlso 754 f Madisi + 16.8x100.8; Styles to Walter Nom, oo Av. D, 0. 5 LILLY wt. Bergen and husband to L. H. Ray: Bronx st., 00x70 (24th ward) ; CG. Billet tv Hannan Booth 80.5 n. of bth Duggin and wife to Annio Kountae ... 25x100.55 Will, agle wud wiie to Jacob Campbell... HT &, BO Th. ©. OF Mh Kilpatrick and wi Perry st., n. w. corner of rley pine A Knobloch and wife to V. Knobivet vt th Kinyo aymmon Wost 10tn ot., Nu. 14; Jolin A i, Jolin ir ot he ‘Thoiapson ‘wad wife to Union av. wos, (3d wat A. O'Keote,. Rivington st. Got No. No. 100) W Madison uv.,e. 5.40.9 It. s ot OSth st, ert MeCaierty and wito to Ester 5. Shyder Qe 9b, s , 105. fe. @, of Sth ay., ZoRueL Oy 5. Porver aud wife to Javob G. Puudis.., ah vi 164 Hh mn 8. Tura, a, 2 your wi \ Dy. of Beh wi. Byes Simmerhays, Sarah, to Mary S. of J0¥th st, @. of Sd ay. ‘Treacy, Michi« eurnor of 10s Metviovern, ¢. of Sth Fallon, W. ot 55: ‘tino d wife, to Julius’ Kuizonborg, 8. fst wy. 5 2 mo Pat ire to Maria V Same to Mary and YOth st 5 1 Years... STANLEY’S ACHIEVEMENT. ‘THE HERO O¥ THE DAY. [From the London Court Journal) Congratulations are pouring in upon Stanley from ali quarters, and it is already abundantly clear that when ho arrives ho will be the hero of the day—at Joust in the scientific world, 1f not among the publica ‘The daughter of, Livingstone was tho first to telegraph her felicitations, and sho was followed by Captain Cameron. Sir Rutherford Alcock, the President of the Royal Geos ical Society, on Saturday sent this message to Stanley, at St Paul de Loanda:—‘sir Rutherford Aicock sends greeting with hearty congrat- ulations on safe return apd splendid resuits of geo- rappieal exploration”? Colonel Grant, the com; oe ‘ot Speke in last famous journey, bas sent a letter to meet Stanley on bis road home, in which he Speaks ol the mere mileage of his travels as exceeding in the space of time any one who has ever boiore cx- plored in Africa, and the Secrotury of the Royal Geo- graphicul Socioty writes bis warmest congratulations on the murvellous feat, The Koyal Geogr.paical Suct- oty was uot ulways so warm in its eulogy of Stanley, aud we must, ‘suppose, attrivute the change 1m ite vemper to the value of Stantoy’s later discovery. THE GRATITUDE WHICH THE WORLD OWES HIM, {From tho Davenport (lowa) Gazette) ‘The four letters from Heary M, Stanloy which have been given in the Nuw York Hxraup are deeply in- teresting, Evidently truthful, they will greatly en- hance his fame as ove of tho most remarkavle men in pluck, endurance, ingenuity and mental resources that ever explored unknown regions obstructed by dense foresis und ferocious cannibuls, Une of these letters is a copy of one dated ut Nyangwe, northeast ol Luke Tanganyika, the westernmost pout reacued by any expiot and sent by the Arabs to tho east coast wboul a year ago, and which never reached its destination, Uf course the commercial and scientilic world has reasou for gratitude for the discoveries which open to its enterprise now fields of knowledye aud barter; but Stanley's record of nis trials, of fights with natives, of perils in rapids, of ierribie experi- ences in forests in which wild beusts abounded and Venomous insects swarmed, of starvation, will inter- est all reading people lung alter nis discoveries Luvo inured to the advantage of traders und students, * * * Stanley seoms to be worn out im body, bus lis umbition to do good fur Alrica is as great as over, HIS ‘RIGHT TO RANK WLLH THE GREATEST EX- “PLORERS NO LONGER QUESTIONED. (From the Wilmington (N. C.) Star.) ‘Thore is now no doubt that Henry M. Stanley’s ox- plorations in Africa ontitie bis name to bo enrolled with the othor fumous men whose names are identified with that ferra incognita—Africa, Honceforth uo American may with conscious pride mension the pame of Stauiey with Livingstone, Spoke, Grant, Bur- ton and Cameron and other mon of mark who have udded to the world’s knowledge, avd by hazardous and long coutinued adveature have woo lor them- selves the namevl heroes, =* * * Sentout by thut most enterprising of all papers, the Naw York HERALD, und by another loadiug world papur—the Loudon Teleg aph—otuniey, vy bis hardy courage and wild adventures and gathered’ stores of observation, has vindicated the selection aud shown bimsolf to be endowed With those qualilicutions that enabioc him to acuieve distinction ud au energetic, porsistent, brave, daring traveller, if not a scieutilic ybserver, WHAT Is DUE FROM JOUBNALISTS TO STANLEY, (From the Washington Star.) It scoms to us that not only should the grand achievement of Heary ML. Staniey im tracing the Congo from its source to tho ocean not be belittied by uny journal, but that on the contrary every newspaper 1a the country or the world should, in the way of esprit du corps, aid im giving the fullest recognition to the fact that a geographical discovery that powerful xov- ernmonts and scientitic missions have Juiled to make has been achieved by the enterprise of a ucwapaper proprietor aud the pluck aud energy of a uowspapor correspondent, A PROSPECTIVE FLOW OF EMIGRATION TO AFRICA, [From the Buffiulo (N. ¥.) Courier.) Stanley’s explorutions in/Africa soem likely to bo gu important lok in the chain of events which will make Alrica a commorcial and civilized part of the world. The Congo Kiver ho found tw be a great navi- gable stroam, reaching eastward beyond the ceutre of the conunent. 1t is the Mississippi or Amazon of Atrica, and 1s the key to tho commerce of a vast region of productive couniry. A compauy bas been forwed in Bulxitm, of which the King is president, tor the exploruvon of Alrica, with # view to the exwen- sion of Commerce to those Unknown regions, Moneyed men in Eugiand are already conicmplating telegraph nes and commercial settioments, ‘This water navi- gution of which Stanley speaks will work wonders in the way of opentug up trade relations, Quo of tho re- maiming Woudera of the world 48 that Affica should have been 60 long and yet sv litile known to the lead- Muy races vl maakiud. Foilowiug iucroased commerce With Alrica ubd to some extent uccompauying it will bo a vast tide of migration, Part of the exodus of Europo will be diverted to tt, STANLEY'S REPUTATION FOR COURAGE, SAGACITY AND PERSEVERANCE ESTABLISHED, , {From the Chicago loterior.) Mr. Staniey’s lottcr has been published, addressed tothe eaitors of the New York Huxarp and the London Daily Telegraph, under whose direc- tion ho had undertaken and carried — for- ward bis great expedition across Central Afric, It givos a brief and bastily written account, barely touching apo the muin pownts of his discoveries, Promising tuller descriptions hervaiter, Tho eutor- prise has been 4 costly one, espocially in the amount. of suffering and the loss of life with which it has been attended, ‘I'he leador of the expedition has certainly won a reputation for courage, sagacity, onergy, per- soveranco uld eudurance Which justly entities him to bland with bis heroic predecessors in the eid uf Airi- can adventure, We coy well allow a mau to toll his story With some degree Of sell-uppreciatioa and even Jaudation, wheu he bas such 4 story as this w wil, aud hus accomplished go grout a work. Iti3 wahilest, oveu frou this brict account, that the Fosults of Stagley’s march ww the seu, or rather voyage down the river, aro of the highest importance, both 1 uw govgrapbical and commercial point of view. Wo suail look with much interest to the next map ol Alrica, to be mado 14 the light of those discovories, Lt will inake greater changes in the map of Africa than the buttlos of a century have made 10 that of Karope. * * * As to the bearing ol this exploration 10 Ceu- tral Airica opon commerce and trade, aud ultimately upon the civiization of the warlike Alrican wives now jubabiting the vast wilds of that hitherto unknown world, it 1s premature to say much. It 1s a problem bout which 1618 vasy to speculate, but time alone must work out tho jong solution. If the Lualaba- Congo, or, a8 we Would now style it, the Stanley, wero fap uoobsiructed nayigabio stream, like our Mississippt, thew wo might see some open door jor commerce und civilizusion as regards those interior regioas, Buta river which bas fiity-seven Cataracts, falls and rapids would be more exprossivo of inexbaustivie Water power tor wills aud jucturies than ol any coming commere lt will ve a long time betore inills and factories ure heeded 1 that quarter, WALL SIKELT, THE COMMITTEE OF THE HANNIBAL AND b&T7. JOSEPH STOCKHOLDERS GON WESI—ANOTHED STOCKJOBBING FALSIFICATION. ‘The committee of the stockbolders of tho Hannibal und St, Joseph Raitroud, which is to proceed to Mis- souri to havo tho order appointing @ receiver vacated, was constituted as follows :—Met H. Cook, Wiil- tam B, Bliss, vice prosident of the Central National Bank; J. W. Greenieal, J, M. Hartshorn and Elihu Root, legal adviser of the commitice, These gentle- men are to actin conjunction with Mr. Henry Craw- ford, ot Chicago, who has already preceded them on tho way to Jefterson, Mo., where the argument on tho appeal is to bo heard next Tuesday, Ex-Governor Hall aod Jadge Carr, of Missouri, are also legal reprosenta- tives of the committeg in this litigation, The committee lett inst night tor St. Louis, whence they wyl proceed to Jefferson, Mo, Otuer measures to rescue the road are meanwhile in abeyan the amount of $160,000, which was to bo turhished for payiug off Mr, Gould’s loan, was bot Wondered yesterday, and the disposition pow 18 to await tho removal of the receiver veloro doing any- tmng further here. Rumor was extromely basy yesterday and suc- coodod in putting Wall gtroet in quie a furry. Tho recent heavy deimlustions seemed to reuder this a particularly auspicivus upportuaity jor setting afloat ail sorts of false rumors iitunded to break the suck market, With some reasonable hope of finding people to beliove thom. Much indignation was expressed at one of these rumors, which was bandied about from mouth to mouth all day, reflecting upon an old und trusted: tnstituion without, so far us could be learned, oven u suadow of justidcation. ‘This particular iaovention of tho vusy stockjobbing mind busied ttwell with the standing of the Farmers’ Loan and Trust Company, and, altuough the reports of its juilare received the must emphatic denials, they eon. tinued to be porsistently spread. A representative of the Hera. wus sent to Mr, R. G. Rulston, the Pres- ‘dent of tue company, who declared thut the company never baa stovd better than now, and that siock~ Jobbing operations were, no doubt, the bottom vl tucso lies The stock of the company was seventy-five per cent above par, und on Monday next the usual quartorly dividend of throw per cent, which bad been deciated for yours past, ‘would bo announced, The stock, wuieh was $1,000,000, was nold by only from seventy tw eighty persons, and Mr. Tulman, who was presout and corrovorated Mr. Rolston’s ements, alone Ow! one-quarter of (no @ jock, Iho Executive Commitive of tho ‘Trustees was composed of Isaac Bell, John Jucob Astor, George F. Talay Moses Taylor, Kaward Mintueo, Samuel Slown RG, Kolaton, Presitent, Mr. Moves Taylor said yesterday morning, in aoswer to inquiries as to whotler the company had failed, that he was williug to givo 175 per coms dor the a! FELO DE SE. A Remarkable Record of Self-Destrac- tion and Inducing Causes. _ GERMANY LEADS THE LIST. Melancholia, Domestic Infelicity, Business Troubles and Temporary Insanity. ——_—+___ ‘Tho record of suicides and attempt at suictde from August 24 to October 16 is remarkable in the fact that tho number of cases far exceed those in any like time in the previous bistory of the city, Many reasons are advanced for the apparent epidomio of suicide, and it 1s urged that unless some method is devised to check it an increase may be expected. Tho laws of England until within a comparatively short period were very Bovere against felo de se, The property of the suicide ‘was confiscated and the rites of Christian burial were denied the body, which 1m many cases was buried in the open highway with a stake drivon through the Ayeonst, These laws were confirmed during”the reign of George 1V., and were continued in force into the present century, when public opinion forced their disuse. It ts argued that tho soason known as Indian summer bag the effect of stimulating suicide; and indeed the records of past yours show more sui- oldes during that poriod than at any other time of the year. It any rate, whatever the cause, the death rate by sutcido during the past two months has been alarm- ingly increased, : THR RECORD, 5 Tho reeord ts not only interesting in its statistics, but also iu tho varied nature of its cases, ranging ag they do from mero stupid brutality to sumo almost unparalleled for romantic origi- nalty. Sido by side with Lavergue, who gave an exhibition of his deadly skill witu kaife and pistol to two weak, trombling women, be- fore trytug to cud bis unhappy life, is Potzache, who, alter cruolly beating his pationt and loug suffering wife, hanged himself to bis bedroom door ina brutal drunken pet, The story of Thomas Cooper, a poor, ailing old man, who, in a moment of despulr and for- gotfulness, jumped from tho contro arch of High Bridge, euding the life that had become a burden to him, was buttbe echo of the story of Dr. Stein, of this city, who, wandering about unhappily, mourning the death of a sou, with a dosperato resolve to end it all, dashoa hoadiong from the Niagura Susponsion Bridgo into the roaring flood below. Unrequited affection is well represented in the cases ot Edward Nowman, who stabbed Kate Hayes because she woud not marry him, and then in dospair at seo- ing her dead cut bis own throat, and of Honry E. Van Voss, who shot himself through tho breast, it is stated, because Minnie Smith, an actress, would not become his wite, Thero aro even humors in the subject, and one cannot but smile at Maury Meyer, who, when told by her husband, whom sho was slightiy annoying at the time, to “go and drown herself,” went ous and throw herself into the river with suicidal intent, NUMDRE AND NATIONALITY. Tho total number of suicides was 22 and of at. tempts 14. It ts a somewhat curious fact that of the total number of persons wanting to die 16 were of Gorwun birth, The other nuationalites aro about equally represented, and, although, in some cases it was difficult to ascertuin the birthplace, tho following figures may bo relied upon as accurate, Of the suicides, 1U were born iu Germany, 4 in America, 2 in Lreland, und 1 ouch 1p England, Franve, Norway and Cuba, Two persvos were unkoown, Uf the attempts, 5 were of Gormao birth, 2 cach of Euglieh, Irish aad American birth, and 1 each of Russiau aud French, 4 TUS CAUSKS. It isan oxceedingly ard mattor to ascertain tho real cause ol many attompts, particularly where the attempt 1 suocessiul; but there is littie doubt that the majority of cases are due to tatemperance and do- mestic ipieheitics, The classiticaion that lollows was ioade Irom u carelul iuvestigation of tbe facts in each case. Under the heads of “temporary iusauity,” whico 18 unjustly appliod im many cases, “inelan- cholia” and “amily troubles’ there will be found cases differing widely as to their nature aud yet prop- rly classed unger those beads, UF tbe suicides five were due to tomporary in- sanity, two to tiamily troubles, three to business troubles, threo to melancholia, two to drunken- hess, Uf four cases the cause Was unknown, upd in one cuse & muv jumped Irvin Niagara Suspension Briage rough grivt at the death of » sva who bad some time proviously committed suicide in this oty, OL the attempts four were due to melancholiu, two to family troubles, two tu jealousy, une to drunken- ness, ous to unrequited love, and tue reasons for tour others were unknown, 3OMW CURIOUS CASES. Vuisol Prochecki, u native of Bonemia, was at ono Uime w practising physician apa a man in good stanu- ing in his pative town, Somié yours ago be came to the United states with the desire of following lis pro- fussivn bere, His woney went by degrees, and as Le became poorer he removed to Boston and ostublished uunsell there, Luck seemed to be agalusthim. A short time ago he came to New York und, alter wan- dering about tue streets tor some days, gave up in despair und took & dese of Jaudapum. He was taken tv the hospital, and bis lie may be suved. He 18 sixty years uf age. During the month of August Dr, Edward Stem cem- tied suicide Frouch’s Hotei, im thisenty, His er, Dr, Lewis M. Stein, w physiciua of established reputation in this cy, Was so overwhelwed with gricf that be could not remaio in tue city where his son had died, iestless and apparoutly beartbrokou he wandered from piaco to place, ab last reuching Niagara Falls. On the 1st of Sepyembor Ur, Stem weus out on the Suspension Uridge, Alter rematuing there some hours he was secu Wo ciasp Nis bands to heaven, aud a inoment aiter went plunging vown to the water, Geneve Kaiter on the 7th of September died trom a dose of Paris green, which she took tutentivaally, Tho Cuuse, as given, Was that #ho hud bud consideravie treabie With Ler buszwou, brought about by bis Jovlousy. Not wishing to prolong tue struggle, as sho ‘expressed it, she pula end Lo her existence, Catharine Stines was forty-oight ycars ot age when Bho died, on the Sth Of Sepremver, She was a drink- ing woman, und when under the mfluence of liquer evinced ub ulinvat insane desire to destroy her bio, On the day iu question soe jound ber opportunity in alvurth story Window, through which she jumped wud was tustaatly killed, The case of George Geler, who was au old man of BeVenty-two yours, und Whose suicide Was us dotber- ule 4s any 1 the hist, Was due to a somewhat curious cause, He wasa inun of considerable means, or ut louwst bud been before his business misiurtuncs, Logus tosurance companies were his Goancial ruin. Alter huving invested bis maney fn them und losing it, bo decided thas be hud uotuing further to live tor, and sv he Jumped tuto the river. Anurew Nelson died on the Sth of October from a dose of two ounces of prussic wcid administered by himself, Just privr to his dean be explained at length, sn a letter to tho HxkaLp, bis reasons lor his takivg oll. A charge of improper conduct, brought uguinat bun by & torwer servant iv bis house, worried wnd annoyed ui. He appealed to tue law, which be thought, was t00 slow, wud harassed and despoudent he Jeit his case uofiuisbed bere aod went tw pload his cause In the Court o: Courts, Henry Koseman was iitty-four years of age and a cariman. In his younger days he had amassed coa- siderable property in bis business, but acquired with it Lue hubies of excessive drinking and yamvling. He drank away bis health and gambied away bis prop- erty, and on the 7tu Of October banged himsell to a Dewi in tbe cellar of bi Andrew Cooper Was seventy-seven years of ago and ailing—an old man, With scabt and whitening jocks— and yet be was impationt to meet the dread destroyer, On the Yin Of Uctover the old man took his way to High Bridge, and waiking \o the centre gazed ior w time over the parapet, ‘The distance below was uoarly two hundred feet, but it soemod to have wo terrors tor bio, He caretully Jaid his cap upon the stone, aud as curciully wounted aid sivod upon the parapet, his white war streaming tu the wing, A moment and he was over, aud # @piash below aguouuced tho recoptivn of his corpse by the river, Alvert Laveryne, who is now lying in the hospital, xtravrdiuary man if he 18 not eutirely 1n- Jealousy was the cause of bis trouble, aad a Jealousy of so pocutiar and unreasonable a type us to be wlinost beyond bwiiel, He had a wile, of whom at One MOMENT he was passionatoly fond and at anotoer iusancly Joulous, When walking if they mot a gou- tleman he would accuae ber of an improper imtimucy, aud when the wile, in her distress at bis conduct, would cust down her eyes, he would accuse her of “not loving him.”? Her sister's chiid (she had none herselt), of whom she was exceedingly fond, he boldly told ber Was ber owa, and that she met the father even yotund hor sister Le forbade the house, because she was tuking from bis wile the love she should give bim. The two sisters were together one eveuing and Lae Vorgne closed and fusteued the dour, Upening a bu- reau drawer, be displayed to the gaze of the terrified adios ® collection of kuives aud pistola, Wulking across the room he made a cross ou the door with piece of chalk and then stepping back to the further corner sent a bowie flashing to the very Centre of the russ. ‘turning to the two women, who wore almost paralyzod with foar, he said, “You see how expert 4 um witou knile; well, 1] ama thousaud umes more expert with u pistol, I have Killed negroos time and time avaiu in the Kast Indies, aud what are you two poor, weuk womeu! Tuere is neoded simply « motion of tho arm, a report, 4 fash, and where are your’ The women could stand it Bo longer, avd, crazed With fear, made their Way from the Louse. dtr. Lavergoe then, (rue to Lis vatare, shot bimwell through the breast becuse his wile left him! Charies Martin, 4 Frenchman, forty-live yoars of age, lived for the wine years immediatly preceding his death, Which occurred On tuo 24th Of September, un a sini back room m the house No, 106 «Forsyth §=mroct. Ho hved as « hermit, aod for a living mado children’s toya Hoe wad ho friends abd made LO acguaiutanoed, Bnd tue Hole t en daring ube duane rouble ad hadrods ot dollars’ worth of dosire of his ‘Was a goou one, even after his death orders toys were found tainly one of 4 i wound in his head with the pistol on the floor beside him. He died as stiontly as he hud lived, The list contains many other cases, few, however, of as much Interest as those mentioned above, This brief article should not be closed, however, without mention of the “anknown” cases, On the 9th of Sep- tember a man jumped trom the Twenty-third street ferryboat into the river. His hot remained on the boat, but was insufficient to ideotify him, His body ‘was bot recovered, and has undoubtedly by this ume lot all semblance to bumanit Who he was wil robably never bo known, but who oan say that loving Prends are not yot watching and waiting for bis rewure. to the home that ho has passed trom torever, MARIA SPAHER'S FATE, ‘The body of the woman found by Frodorick Matthews 4n tho Sound, near Kiker’s Island, was identified yes “terday by her husband as Maria Spaher, of No. 866 Park avenue, Broeklya, About four weeks he married the deceased. She was @ choly. A week after ber murriage veing imdisposed and wentto an a "s tor a seidiitz powder, ha A ec in Ferd chased & quantity of wi por. Yoo ot this ‘the. swallowed, aud but tor the timely urrival of a doctor she would 1m all probability have died, She was,questioned by her husband about her motives jn makiug tho suicidal SuomDt,, bus evaded the inquiry and did not auswer bum. The was no domestic troubie to account for her mel 0 left the house while Spabn was d nothing was heard of till her body was discovered flouting in the Sound. Spabn ways Le has nggioubt that sue committed suicide, JEFFERSON DAVIS. THE SECRET HISTORY OF PRESIDENT JOBNSON’S MOTIVES OF ACTION—A DEBT OF GBATI= TUDE—THE TENNESSEE STATESMAN’S ESCAPE FROM DEATH AT THK HANDS OF A MOB, [From the Atlanta (Ga,) Constitution, Uct. 16) President Johnson avolded all moasures which looked to the giving of Davis up tothe tury of the inflamed Northern populace, He saw how futile it would be te Toaist the straugely uoreasoning passion of the people, and bad himself, with his strong will and unquestioned: courage, been compelled to yield to its demandsin the cases ot Mrs, Surrutt and Wirz, The blood of Davis was demanded of him, and millions feared, as millions hopoa, that he would doliver this unfortunate leader of tho ‘Lost Causo” over to the unsatisiledand bloody- handed mob that was then commanding the action of Congross und the decisions of courts. But Jonnson delayed, aud considered the various pians offered for tho disposition of his prisoner, until he camo to be accused of barsbly delaying the fate of “the rebel chief” und of doing so in order that he might suffer all the refluements of prison torture, These charges and umerous others were mado because of the delay in turning Davis over to the courts. AWAITING 1118 TIME, ‘That President Johnson had some good and sulle clont reason for his action, or non-action, in the mat- ter was apparont to the outire country. What his roal object was no one has ever known, for we doubt if be over told tt to wny person, however closo in his confidence, When action was taken and Davig carried before the couxts this country is familiar and history will record the proceedings leading up to his discharge. Presi- dent Johnson often referred in public and private to this “result,” but nover, 80 far as wo can ascortain, expressed dissatisfaction or chagrin that the ‘icador of the robellion” should have escaped the punish. ment which he go often declared, during tho war, to be due to all those mm revolution agaist the federal goverument on account of their so called “treason.” A iew facts connectod with the Urst duys of the war will bring us to the principal poiuts of this narrative, db will be romembered tuat alter Andrew Johnson bad mado his great Uniou specch in the Sonate, and declared that ue would not abandon the cause of the Union, be became odious to tbe Southern poopie Upon, bis return to Tennessee trom Washington he ‘was sabjocted to all manner of insults and indigaitios along tuo route through Virginia, and at Lynchburg was assailed most outragevusly vy irate soccasiva partisans. 1) was upon this momorable trip that the occasion was givea lor the tacidonts now to be related, ‘The following documents tell their own story, and were copied by the writer from tue originals in the possession.ol President Johnson :— GENKKAL HUMPURRY MALSHALL'S LETTER, Tho first ducument is as follows :— New On.xans, April 26, 1866, [Vonfluential. Dear Sim—Tho inclosed statement is from a gontleman whose acquaintance 1 muds wt Abingdon, Va, where he culled on me duriug tho war. Hoe sus then w Colonel in the ontedorate Status army, and had suthority-to raise @ regiment, and was cugaged in the work. | know that while so engaged he wus captured @ud served throagh « long it Prisulimient at Jubueon’s Lulwod, and was only exchango short time botore the full of Kichmoud, Me is wow in of the largest commorgiul houses of Now York. 1can not douvt the truth of the statement, tor 1 can conceive of uo interest thut Greenwoud could have to lie in tbe mutter, even were he oupabie of uttering fulschoud. He does nob feel thut Davis troated him woll or properly during the struggle, I happen to bave known long siuce. He commu- nicuted the tucts 1, mo vnly to-day, und 1 requested bin to Jot we reduce thew to writing, and to piace thom betore you privately and confidentially; tor I thought you ought fo kuow it, ‘I kuow wore { iu your piace, und such tacts Were connected with aio, of w ertals Ia my ‘ite, and he who had so served me was situated as Davis is, I should like to know the tucts. 1 write tuis, tuea, more in k: than to your State pri 1 wm desired by Me. regard the cummuuleation us confideutial, He shrink fiom the uppearance of ofticiousness, and says he would not have this xet tu the newspapers for suy mor 1 hope, sir, thas you will upprociaty my own mot wonding wos tats Paper, toed thet you ‘dues regard very respectfully, your obedient servan: hind ‘th HUMPHREY MARSHALL, Honorable ANDREW Jouxson. Accompanying the letter was the following state- ment of iacts, signed by Mr. Greenwood himself :— GREEAWOOD'S SrATEMENT. xander G. Green wood, resident of the city of Now Ore states that in the your 1361 he was ou duty as ® sty Oficor, wt Ueistol, ast Tennessee; knows that @ couspiravy was outered into te attack Audrew Jubuson, wo resident of the United States, on his return from Wasle ington city to Tencessee. He statos thas the loaders of this movement invaut to secure Mr. Johuson’s peisun and to hang him or take his lite in the attempt to do so. Theta few moments ouly before the cars sopped warning was given ot Mr. Johnwon's boing on tho cure and there was ® hurrying w carry the purposes of tho mob iusto executiua, At tho sume Wine the Undorsixned was warned by Jeffersua Davis, President of the Voufederate atatos of Awerics, to cary to Bristol, so as to wyoid the di aud it was af ident Da ma yreut bodily harm, insiuut progress of the cars to Jonesborough,’ which ord. wus obeyed, aud thus Mr. Jolinsun was saved by the inter position of Mr. Davis. How str, Davis know ot Mir. Johoe son's danger, the undersigned dves not know; he only oboved the positive order, and claims no ceedit theretor, wnd hud n ersouul teoting at the timo to avoid or thwart wt itand thiy20ch of Apeily oot nn snes mY hand thiy 26th o i LG. GHEKNWOOD, The above documents tell their own story. How Mr, Jotinson rogurded their contents the writer is unable to say, for, in 4 serics of years, he nevor beard from Mr. Jobugen the slightest roterence to ihe tacts stated m tem. Tho only notice we now have of hig being imterested in them is tue care with which be preserved tow, aud tho following indorsement which be Wroto Upon them in his own peculiur chirogeaphy :— Lotter in reference to Joi Davis suving the life ot A. J. on ls return from Washington. Wo have often telked with ex-President Johnson about Mr, Davis, andretain notes of convorsations 19 which his opinions about the charactor und career of the Confederate ex-Preskient were given with much fresdom, Those comments we cannot incorporate here, but We may stato tuat 10 Lo One Uf the conversa. tious did Mr. Johoson speak barshty of Mr. Davin, On the contrary, he secined to have a peculiar ine terest in Mr, Davia? lortuues, and to wien for him @ life of peace aud buppioess, IC not renewed and grout usefulness, ‘These facts bring up anew what was onco a whis- pered question -— “Did Mr. Junnson, in bis conduct toward Mr, Davies, souk to pay u debt of gratitude to bis once pro- server?” AN OVERCOAT FOR COLD LOVE. Amanda Booth, a young woman of twenty-five, was arrested a few days ago and taken to the Harlem Police Court for anvoying Patrick McCann, of No, 218 Kast 109th street, for whom Amanda has conceived an attachment, At the request of Patrick, wuo is young and good jooking, tho young lady was dis- charged, Ou Friday Miss Booth entered MoCann’s room during his and stole lis new wiutor overcoat, esterday she stood again betore Justice Kaswire, “Why do you act so?” asked His Honor, “1 wanted to get oven with him,’? answered the pris- oner, “Do you remember whut I said to you several we agoy’”” “Yous; but this is a different cause.’ “Vory different,” replied the Juuge, “You must give bail in $600 to uppour for trial down town.” DEAD IN THE STIREET, Jamos P, Gibson, bachelor, aged forty-six yoars, loft his home, at 22 Beekman place, on Friday even ing, in good health, At sx o'clock yesterday moro ing his dead body was found by Officer Hess, of the Nineteenth proeinet, lying in the outer vestibule of tho house No, 201 East Fiitieth street There was no evidence Of viowsco, Lust evening Coroner Wolt. Jd ne autopsy, and 1b was found thut deceased had been sufferimg from seriour effusion on the bru aod also from urwmia arising Irom congestion of the kidneys,