The New York Herald Newspaper, September 14, 1878, Page 6

THE BILLINGS = MURDER. Terrible Testimony of the Daughter of the Prisoner. AN IMPRESSIVE SCENE. A Strange Story of Domestic Quarrels and Jealousy. —_—_——_ {BY TELEGRAPH TO THE HERALD.) Ba.usrow, N, ¥,, Sept. 13, 1878. The Billings murder trial to-day abounded in in- Gidents suficient to satisty the most inordinate lover of the sensational events in real life, The court room (or two hours prior to the commencement of the proceedings was crowded with carly arrivals, most of whom bad taken the precaution of uringing their lunches with them, so asto render their te: porary absence from the court room and thus jeop- ardiging the security of their seais unnecessary. Among these anxiuus attenaants were a number of fadies, whe not only were provided with refresh- menis, but also with opera glasses, so anxious were they to be observants of the minutest change of countenance of the leading persons in this trial for murder, THE PRINCIPAL WITNESS. Av Dall-past nine o'clock there was considerable ex- citement created when Jennie Billings, the daughter pf the prisoner, was called to the witness’ chair by the prosccution. Her appearance instantly silenced tho ‘buss of conversation that bad been goiug on previous to her arrival, and for the two hours and a half during which ber examination cootinued this tension of anx- lous listening was sustained. Tho young lady has some pretengions to beauty gud has a rather masculine expression, is tall, with a figure extremely well pro- portioased, Her demeanor and her answers to the questions of eounsel indicated that she was fairly edu- cated, She appeared to realize that her position as the principal wituese against ber father on a trial for bis life was an awtully responsible one, and this feeling made itself manifest before ‘she bad completed her testimony. She was Altired in the deepest mourning, which contrasted finely with aciear, tresh compicxion. Her eyes were Studiously kept downcast, ber words were carefully considered and deliperately uttered. Her testimouy was terrible and revealed her batrod of her father aud produced a desire to ura on eyes away from her and listen only to the damaging evidence she was uttering against her parent, This created a profound ghudaer in court. So intense was her apparently ‘annatural desiro to damage the prigoner’s case that the prosecuting couusel were obliged to check her frequently. THE CROSS-EXAMINATION. General Hughes conductea the cross-examination, @uring which Jennie wept several times, He suc- ceeded in causing her to thoroughly contradict her- olf, and then she complained of feeling ill, swooned, ‘and tell inte the arms of the District Attorney, who @arried ber {rom the court room, She was conveyed Into an adjoining apartwent and seized with bysteria, during which piood flowed trom her head, probably from over excitement. A pbysician was summoned, und the young lady was placed in a carriage, to which she was carried, seemingly taseusible, by ber relatives wad conveyed to tue hotel, THE PRISONER'S ATTITUDE. When Miss Jennie iirst took a seat in the chair Mr. Buliugs turned nis chair around, sitting with his buck toward bus chiid, and buried his face in his hanus, as though desiringto snout out tbe sound of her voice. Billings’ father, a hale old village pby- sician almost eighly yeurs of age, Who las constantly accompanied the son iuto the court rooin, trembiingly jwid his baud on tho prisoner’s shoulder and with Lroken voice remarked, ‘Never mind, J never mind, she has veep persuaded by otners.” ‘I'ne pris- over Wus greatly excited, DUL preseatly changed bis attitude ant looked squarely at the young lady as sne continued to condemn him, Woea she retired lant. ing trom the room be savagely muttered, “Ob! that’s Ble pub on.” ‘THE TESTIMONY. Jennio Billings testified as toliows:—I am eighteen Years old; | Was in tho sitting room with wy moter When she was injured; when my mother wus shot 1 Was sitting ut one Window, sue al the other; the cur- tuin to ber Window Was ruised; the curtuin at tho other window where Iwas was down; the bliin wero open where 1 sat, but not open at the other window; after the shot was heard I ran out of the side door and sercamed ‘Murder!’ 1 am very near sighted; when at the front door I was very faut ana 1 thought 1 saw a man’s hint just avove the lumber pi was very much ex- citeu; I Kuow of a dillicully besween my fatuer aud mother ali through my i ight years my father And motver slept separately; my motu pted a room with mv until of late—the roo! irs sometimes, off (he sitting room; sometimes up stulrs; my father usually occup! jou tue sittiag room; I lirss weat away to schoul tu 187: remember a conversation between my father and mother about some kerosene; about three years ago my mothor said that lather baa placed bedciothi against her room door aud set them ou fire; she called several times to he told her thas there mast be somebody in $e; She Wanted to scream; he would mot Tut Ltold her w keep still, wueo tovk hold of he said be had set the house on fire to get the money, $1,000; she said he was tyme bure ber up; sbe said, “What would Jennie havo suid if she bad come home aod ioand her mother burned to death?” At this juncture Miss Jennie burst out crying, and It was several minutes betore she could recover gulli- Gently to testily. She contnued:—My father asked ber for some money; she gave it and sud, “You have mew got my $900;"’ 1 bave heard her repeat ibis ali to my faiber; | beard her say something aboat chioro- form; in Wy presenee she said be Lad put sometning on her Ledelothes and on ber Land he got up and joor and caught her breath two or three ‘was to take lite; come to my Foom and stayed there tne balance of the night, she bas spokeu to me often about the chioroiormiug; re- turned home permanently on the last of April, 10 1877; since that time I have been home most of the time; wooo she charged him with trying io kill ber with kerosene 1 do not remember what ne said; 1 do Bot recvllect what be said When sho accused Lim of ving chiorolormed her. $ MRS. CURTIS AND THE WHIPPING. 1 rewernver bis having Whipped her ; taut was in the @aytime last spring; that trouble siarted from an allusion to Mrs, Curtis, a woman who lived in sowe Fooms that were fitted up for ber occupation over the bunk; | was pot present, but was m the next room; my mother rau from the dining room tato the situng ‘room, where i was; my mother was running, very ex- eitediy, my tusher alter her, very angrily; velore she . the dour closed he kicked ber; 1 was a Burd red very angry; she locked the door to lot hor I told him he told ne to siop my noise; he then went out; Mrs. Gurus ioved into the bank last Jall; there was conversation between my mother @od father about Mrs. Cursis; my mother objected to her living there; he repued Sirs Curtis was a decent Woman and he should stand by hor; my mother said that Mra Curtis was not a respectable woman; have heard them converse about Mrs, Cartis like thata great many times; 1 co not remember bow many times, Lut they occurred quite often ; | have heard them alk xvout Mrs, Curis having sued my mother for home when the kerosene fire vidences of it upon the boards ‘Deside her door; there was quite a place burned and Diuckenod ; Le taiked to ino about senuing my mother to the Insane hut was this Bpring; a littio girl, named Mary Lynch, who lived in tue’ house, came into the room; be said it | had any influe slanaor; I was bot ovor my mother he wished 1 could talk to ber; ne Build she Lad beea to the Rev. Mr. Ford and would ruin bis busiaess ; | Lold bim to get ria of Mra, Curtis; that Mra, Cartie would and Be said sue ber flor ho sad if would nowhave recover February inst; 1 remomber nearing of a aifieulty Dotween my futher and mother im the store; oho thowed me her arms, whien were black and bine, ACOUSED OF THK MURDRR. The night of the der | remember my tather oming into the neuse; | accused hin of the murder; bree times and out,” | was coo er what else I satd last spring wh Mother and myself were going to Saratoga; w: my father botwoon Gravgerville and the river; be bad ® eam vid a lumber wagon, we were going tm opposite dircetious; he struck my mother back with a ‘whip and sad, “Where duifors gotog now?’ le was a ho said, she was working; ti ali you are good tur, Hartises;’’ be has ul- since last January they Quarretied Whenover they mot; sh 8 tried wo Avoid meeting him by going in aposber room when he came in; thie was the case sinee last January; bi faid he would spend thoussnds of dollars on othe: Awomen, while #he should work in Dis Kitchen; on the &fiernoon belore the murder we bad been to attend my unele, John ©, Harris, at ed bome all thor returned ravogay day; be went away early, when my 1 did not seo him, but I «i coming up trom sebuyle mustang; the horse was pub iu the barn; th between jour aud Live; 1 aularsessed 1+; that was NEW YORK HERALD, SATURDAY, SEPTEMBER 14, 1878.-WITH SUPPLEMENT. before the shower; I put itin Stall; my mother assisted me; I dent kuow where my fatnper Was; my futher drove the mustang ous of the yard that even- ing after the shower; it was bitched to the same wagon, a perigee pa buggy; he drove with it up tue river read; I did pot see him agaiu alter that. TUK BROWN AND BLAGK DUG. My mother when in the sitting room usually sat w @ was when struck by the bullet; we Dad a dog the night of the murder; 1t usually stayed around the house unless at the store or about with futher; it 18 a brown and bluck dog, very savage at Bight When strangers come around; 1 saw the dog alter mother was shot; it came in ae door alter thesboating and ran up to my motner; 1 do notre- member whether tho dog barked thas night, 1 did not bear i. THE CROSS-BXAMINATION, Tam aware that wy faiber 1s on trial for the mur- der of my mother; 1 understand thot toere was a corover’s jury held after tne murder; 1 was anxious ‘ab that time to flud out the perpetrator of the crime; J bave not done anyihing tuat would throw any light on the matter in bis aver io this case; 1 bave made that purpose; I was bere attending the be sent for ive after 1 was sworn; | bad an interview with bim tat Mt down sturs; 1 stayed avout two houra; 1 have written to him one letter since he was In prison, in answer to one received fromhim; Philo was the hired mun ub the time of the homicide; Mary Chuse Was the servant girt ut the time of thechiorolorming ; 1 think mother was speaking to me at the ime when the shot was fired; I was ou the front piazza when I he bat behind the jumbor pile; I thougut it bad ufbrm; 1 dea’ remember tel.ing John Terhune Uhat | saw a man run out of the yard across the road ‘with gray clothes und stiff bat; den’ remember tell- jog Wiliam Durke such an incident tu the presence of O. C. Lockrow, or Mrs, Mary Pasnow, or Gounor, Gow, or Mrs. J, Howard fhompson, or Mra. Wilson; 1 called on Mrs, Pusnow;, 1 don’t rowemver having spoken to ber about the evidence; my mother suid to father, ‘You have tried to take my life twice;” father replied to her that be had accidentally tippea over a lamup in the sitting room; she replied, “What was the Hire dong at my vedrouin door.* ‘THK WITNKSS KXCUSED, Miss Billings thea asked to be excused, and was escorted from the room by Joun Foley. THR DEPUTY SHLRIFY’S STORY, Giilbart was uext je He is a well 4 largely aided to work up the t Jesse Billings, Jr, He testilled as tol- :—I om a deputy sberifl, und live in Saratoga Springs; | board of the Billings murder of the 4th of June; { went over there apd reacued tbe house of Mr. Billings @t bali-past nine o’ciock that night; I saw the remaiog that might aod saw Mr. Billings at noon the next day; 1 exumimed the premises; 1 found the boot ‘tracks leading around the premises; 1 gob possession of @ pait of rub- ber boot; found them in the Metcait oifice, or fn the sued udjoiming, 1 can’t positively vell which ; they wi snown to Billings delore tbe Coroner's J ney were those of wuieh Mr, Billings spoke 10 ‘nig westimony; 1 found tracks; Alanson Ubuse went with me and Wwe fiited the boots’ tracks; the boo! fitted the tracks accurately; 1 tried the boots in al the tracks around the house, whiem they fitted; L de- livered the guu to the Grand Jury; that isthe gun found to the weil, and with wuich tue murder wus sup- posed to have been commiticd; | was brought imo court and examined by the jury aud Gourt; the gun belonged to the prisoner and hed bung in big store unused for two years; the Sunday previous to the murder he asked & clora, Joba Sher- man, where it Was and Was told; the weapon was maissed the day after the murder, but it was 1ound in an old well two days lator; there was a cartridge shell within the gua. (ibe shell shown witness and identified.) “he boo were very muddy Wheo found; Billings said to me, ‘ins ty a horrible crime, 1 wWism you could find out who did 1t;?? he also remarked, ‘Good God, it looks ag though they thought I aid it; 1 said, “Yes it aoos;” I said, “lf you are moocent why don’s you equare yoursell and help to pay to search for the muruerer;” he said, “I tniak toe man who shot her threw the weapon into the river;' i to send for a diver to fad it, bay would not pay the expeuse. FURTHKR CORKOBORA’ Ira Parker and Deputy Suerift rovorated the previous evideuse, THE OLERK’S STORY. Jobn C, Sherman, Bullugs’ bead clerk and who is engaged to marry Miss Jonnie, next testified. Ho suid that be resided in Billings’ family more than a year; Was uttending Customers when the murder occurred ; when | heard the shot I wentte tae door; | heard Jennie scream ; | rap over to the Louse; 1 found Mrs, Billings 1m the chair dead; when Mr. Billings came no threw Limeelf on the floor at Mrs, Billings’ tect and ‘iilam Woolf cor- took bold of ner foot; I beard bum say “wife;” 1 heard Jennie say to her tather, “You have shot my mother; the Sunday betore the murder Bulings asked me wvere his gun was; i told bim (Witness identified the gun previously pro- duced as theove); 10 April Billings chased his wilo into the store, caught bor arm and said, “Now lor the river;” sue screamed; the day alter tne murder 1 met Bulimg: bo said, *Tbey teli me you have turned traitor to me, and that my daughter and you are engaged, abd that Mra Billings was opposed to pd you were interested in baving her out way ;” be satd ho thought 1 would be arrested ; ard them dispute abous Mrs. Curtis; Mrs, Billings sala he tried to bura ber up; he would usu- ally laugh at her; they were contiwually quarreling ‘about Mrs. Curtis; a few woeks belore the murder tho room back of Mrs, Curtis’ apartments was iurnisbed by Mr, Billtogs; 1 recognize: she boots prouuced in court as delonging to Mr, Billings: ADJOURNED, ‘The Court adjourned until to-morrow morning at the couciusion of this wituess’ testimony. THE STANNAKD MURDER. TRIAL OF REV. ML. HAYDEN CONTINUED— MEDICAL EXPERT ON JHE STAND--HUMAN BLOOD FOUND ON ‘THB PSISONER’S KNILE— THE ALIBI QUESTION. Maoisoy, Conn., Sept, 13, 1878. Before the Justice’s court in the Congregational Church to-day, in the Stannard murder caso, Dr. Moses C, White, professor in the Medical College io New Haven, and a physwian of thirty ycars’ standing, guvo un intercsting account of bow he examined the knife found in Hayden’s pocket py Depaty Sheriff Hull, of Madison, and said that he fouad blood on the small blade, and that be was quite sure that was Jaman blood ; that he found corpuscles on the bonnet Worn by the deceased, and on the stone which Dr. Jowett yesterday testified was probably used to crush her skail, ana that the corpuscles measurea all about the same, and that blood bad been taken trom the spot where the mardered girl fell, which is to be avai zed, He wanted two days in which to finish examinis, the Kaife (be bad already spent ‘about sixteen hours), and it would take about three weeks to examine the stomach satis factorily, He stated that the murdered girl Was nol pregnant, coimeiding in this opimioa with Dr. Jowots and the Mutthewson, the latter of whom made the first post-mortem cx- amination. He could not wil the difference between corpuscles of blood taken ff mules or iemalos or the ave of the person by the blood. Or. White was instructed uot to stow the knife, of which he re- tained possession, to apy person. The snail blade of the katte, Dr. White thought, might have beeu the one with which the fatal stab inflicted on Mary Staanard’s throat, His testimony was quite long aud toa great extent technical, bat no material state. Xcopt those given above, with the exception that the blood curpuscies looked as if their color had been washed out. Tie SHRRIPE’S TRSTIMONY. Deputy Sberifl Wiilinm 5. Hall testified that be arregied Hayden last woek, ana that Hayden was not Surprised Whor,urresied; a request Was made, alter a search of Hayden’s effects, for the kolle, concerning which Dr, White testified; the Koife was delivered, and Hayden made no objection to its retention by the witness, ‘The evidence of Jamos J. Hayes, of Now Haven, and J. P. Piatt, of Meriden, son of the State Atiorney for New Haven county, tended to show that tue knily not been tampercd With from the time it passed from Dep ‘Sneriff Hu/l’s hands into Dr. Whito’s The testimouy of Dr. Leonard Bailey, of Middie- town, who had admioistered medicine to the Hay- don family, lastea only a few minutes, when an ad journment occurred for dinner. In the afternoon bo ‘continued and stated that ho saw Hayden tu Miadie- town on a day just about the time of the murder, quito early in the ftorenovn, beiweem eight aud nine o’clock, but woulun’t swear what day it was, THSTIMONY OF MKS. STUDLEY. Mra, Jane E. Studley, of Guiliord, with whom Mary Stagnara 1 uuti! two weeks previous to Mary’s retura bome, ke of wlotter which was written b; Mary, aud cou: supposed —— and enclosed wi Hayden; Mary westroyed both on revo Mary toid witness sho was pregnant and that Hayden had soduced her, and sho (Mre, Studley), believing abo Was pregnant, told her sue bad better go home, Lager D. Studley, soa of Mrs, Studiey, identified the lever mentioued by the former witness by the enve- lope, wh Charles Ke den express the belief th when #iiness went for an ipqaest catled Hayd Which Wii be Drought Jorwurd to prove an alibi oug! to bave taken two hours; the roud irom the lot whore the Wood Was takea to the berry field 1s very pabtic, aud unless passing through the corniicld a persoa going could be plainly seea from several points. Mr. ifled Lhe stone was found thirveca found dead. n Xchanged Opimions with Hay- he onuse of Mary's death; Hayden thought cide and Hageiott saspect tifled to having heard fay- Mary committed Justice of (he peace to she baa foul play; Hayden lett him abruptly; th the crime was committed, when Wiiness Alar suspicions were entertained, Hayden did not ask who was suspected. Luzern Stevens saw Hayden’s ehildren in Mary Stanoard’s company the day before her death, About Jour o’eluck ow the day of the crime Haydou was at work ina jot on the right of Stevens’ house. Ho cor. roburated the previous with as to the diflfloulty of passing Unseen to the berry fleld trom the low, TRIBUTE A TEACHER. Memorial services in commemoration of the death of Mise S, Miriam Marsh, which occurred on the ia inst, at Oxtord, Ohio, were held at Public School No. 92, corer of President and Hoyt strocts, Brooklyn, yesterday alterfoon, by the teachers of that insti oo. The supplementary department. ot tue school, to formerly under the charge of deceased, was draped iu moar: 8) al culogisiie specenes were made aud appropriate reeoiubions adupred, LEXINGTON RACES, FIFTH DAY OF THE FALL MEETING OF THE KENTUCKY ASSOCIATION—CAMMIB ¥., BPEND- THRIFE AND SPRINGBRANCG THE WINNERS. [BY TELEGRAPH TO THE HERALD.) Lmuxoron, Ky., Sept, 13, 1878. ‘The rain continued to fall throughout yesterday and last night, bat this morning the sun cameout bright aud pleasant, causing the attendance at the races to be very gratifying. The track was still decp in mud and water, Three events were on the pro gramme, the first being the Elkhorn Stakes, ‘or three-year-olds; the seeoud, the Colt and Filly Stakes, for two-year-olds, and the third, a dasa of one mile and a quarter, for all ages. ‘TRE ELKUORN STAKES. First on the card was the Eikborn Stakes, for three- year-olds, dash of two miles, Of twenty-seven nom- mations three came to tho post. These were B. &. Thomas’ bay filly Hearsay, the eame gentieman’s bay colt Himyar and George W. Bowen & Co.'s chesinut filly Cammie F. In tho pools Thomas’ pair brought $125 aad Cammie F., $25. The latter went off in front at tho start, with Hearsay second, and Himyar third, two lengths away. Cammie F. led four lengths at the quarter, with Hearsay second, three lengths the best of baockstretch Himyar moved up ad place, within two lengths of the leading No change of positions occurred until the three-quarter pole was reac! when Himyar went up to within a length of Cammie, fu this way they went up to the stand, when Cummic began toagnin draw away, and evofy time Himyar Cammie F. moved up to her, which was repeatedly done, Cammie went away. This state of aflars cootinued until the half milo pole was reached, when Himyar abandoned fight and gave up, when Cammic, coming away at will, won the race ly by ten lengths. Himyar was second and Hearsay third, nearly a hundred yards off. ‘Time, 4:04¢. Himyar could neither run fast nor stay to-day. ‘THE WINNER Cammie F. 1s a dark chestnut, with two white leas bebind halt way to hocks, Sho stands sixteen hands, and hag a very neat bead and neck, great length, is rather light flanked, but a good mover DAY STAR. Mr. T. J. Nichols’ Day Star, by Star Davis, dam Squeeze’em, was expected to start In the Elknorn Stakes, but in Kicking lasteventug imjared his leit hock aud lamed bimeeil, which prevented bis appear- ance ut the post. THE COLT AND FILLY STAKES. Next on the programme was the Colt and Filly Stakes, {or two-ycur-olds, one mile, Six of ol nominations responded and started. ‘These were George W. Bowen & Co.’s ehestnat colt Seully, F. B. Marper’s gray cols Black Hills, Toomus J. Nichols’ chestnut colt Montreal, &. Aunt’s brown colt Stilton, A. Buford’s bay colt Goodnight an@ D, Gwigert’s chestnut colt Spendtbritt. In the poot sales Spendthrift brought $200, Goodnight $50, Stilton $72, Montreal $54, fold $40, The betting was very spirited. Tho rt was: i Stilton getting of tirst, Ia by ‘Montreal \Srendehritt tnird, Scully bt og Black Hills fitth and G Night sixth. On t torn Spendthrift moved up, pussed Montreal and Sttlton, and at the quarter ho ted Mon- treal a length, Stilton being third, Scally fourth, Black Hills pfeil aud Goodaignt sixth, When tue halt bad been reached thre were no chsages of importance to note otber thun Goodnight bad taken fifth placo and Black Hills fallen to the rear of o fot, Ono the lower turn the colts assumed & much closer order, the ouly change being that Scully went into ‘third ‘posttion. They wore fo this manner when the three-quarter polo was passed, and oD ing the streteb Spendtnriit came away in good ype, and won by four lengthy in 1:583g, Montreal was second, ten lengths tho best of Scully third, Sulton @ bad fourta, Goodnight fit and Black Hitls stxto. THE WINSER, Spendthrift is a remarkably neat chestnut colt with large star on forehead and two white atockinge be- hind. He is ove of the best looking youngsiers shown this season in the West. ONE MILE AND A QUARTER. In the purse of $250, for all ages, one mile anda quarter, tour started, these be: F. Kelas? chestnut colt Malmistic, A. Tom Barlow, G. W. Hancock’s chestout lly Cross- Jet and J. J. Withame’ chestnut filly Spring- branch, In the betting the rates average Springbranch, $120; Maimtstic, $40 Crossiet, $26, Tom Burlow $10. Springbranch had a trifls tho best of the send off, with Tom Burlow second, Cross- let third and Malmistic fourth. At the stand leading — Crossiet by a head, jc third, lapped by Springbranc! no changes on ihe turn or at the quarter, but got a@own the backstretch Barlow and Crasslet reced head and head, Spring- baacn being a goud thira, and Mafmistic fourth, At tho bul’, Crassiet had taken much of the dght out of Barlow, Who had bogun to cat his work, as ane was in front, With Springvauch secom They ran in tps order to the bead of the stretob, whoro Springbraoch made play, aud, nusing Crossiet, came away and wou easily by tures tne, jengths, Crosslet was second, four lengths in front of Tom Barlow, third, and Muimistic beaten off 160 yards, Time, 2:29%. SUMMARY. Leunorox, Ky., Suet. 13, 187&8—Firra Day oF rue Fat M&erixG or THs KeNTUCKY Assocration— Finst Racs—Ibeo Eikhorn Siakes, for three-year-olds, $100 entrance, $50 forfeit, with $700 added, the sec- oud horse to receive $200 out of thestakes, Two miles, Closed with twei George W. Bowen & Co.’s ob. £ Cummie F., by Glenelg, dam Cordelia, 97 Ibs....... o- B. G. Thomas’ b. c. Himyar, by Alarm, dam dira, 100 Iba. 2 B. G. Thomas? b. Drxte, 97 1b3....66-.-- 3 Tim 4 Same Day—Sxconp Racs.—Ihe Coit and Filly Stakes, for two-year-olds; $60 entrance, $25 fortelt, with $360 added, the secoad horse to save his atake. One mile, Closed with eleven nominations. D. Swigert’s ch. c. Spendvhrilt, by Australian, dam Aerolite, 100 Ibs, seregeces te eeeeees Thomas J. Nichols’ ch. ¢, Montreal, by Monarchist, dam Redowa, 100 ibs. George W. Bowen & . Bowling, dam Jeunie Morgan, 100 Ib R. R, Hunt br. & Stilton, by Stra Mary Hadley, 100 Ibs. o . A. Batord’s b. ¢. Goodnight, by Enquirer, dam Lizzie G., 100 tbs. eee F. B. Harper’s gr.¢. Black ‘dam Miss Helen, 100 |v: ‘time, Same Dau—Tuimy Kack—Purse $250, for all ages, of which $200 to the first and $50 to the second horse, One mile and « quarter, J. 1. Williams’ ch, £ Springbraneh, 4 years, by Australian, dam Springtrak, 107 Ib8......s...08. 1 G. W. Hancock's ev. 1. Crossiet, 4 years, by War dam Princess Royal, 107 lbs. . 2 A. H. Ward’s ch. c. Tom Harlow, 3 years, by Planet, dam Mollie Hambieton, 95 los. .. a o 4 of © bm e Jamon F. Kollaz’s oh, c Mulmietic, 6 Piaget, dam Luileae, 115 ibs. Time, 2:29%,. TROTTING AT NORWALK. A WET DAY AND HEAVY TRACK. Norwa.k, Conn., Sept. 13, 1878. ‘Yhe Heravp’s prediction that the weathor of Fr: A the fourth day of tho thirty-oighth annoal meeting ot the Fairfield County Agricultural Suciety, woula be characterized by hoavy easterly winds and rain, has been completely verified. As a consequence, the reguiar coutests ior herees of the 2.87 and 2:50 classes did not take piace. Lostead of these, to gratity the crowd which had gathered despite the inclemency of the Weather, two special races were trotted for pursos oflered by the society. FIRST RACR. Purse $35; open to ali; mile heats, three in five, in harness. Thore wore three starters, as follows :— B, m. Adare B. 1a rm. Mary D. Sg Warsow First heat. a Second heat, 3 245 Third heat . a3 1:23 21426 OND RACK. Pure $35; open t mile heats, three in five, in harness. Three horses started, as follow: Bru MP. «wll Br. g. Harr: -3 23 Ss. m. Emua K, 232 Mile. x ‘Third beat, ray) sua Winning flerce wind am for the whoa mod and was a triumpa 1 $200 rospecuively, | yu FLEETWOOD PARK, In consequence of the storm yesterday the racos at Fieewwood Park were postponed until tho first tair day. OTHER RACES POSTPONED. Busina, N. ¥., Sept. 13, 187% To-day's races, the “ireo for ail’ avd 2:34 purses, have been pesiponed until to-morrow alternoon, on Account of a storm. CasvaLann, Ohio, Sept. 13, 1978. AVG AgAIN been postponed, OB The Clevoland rac accouut of bud weath WHARVAGE DECISION, Judge Bovedict, of the United States Court, Bast- era District, rendered a decision yesterday in the matter of the suitof Alexander Mason against the steumebip Cornwell to recover whariage. The Court finds that a vessel is not liable under tho statute lor whurtage where she throws @ line vemporarily on @ pier to hold her while Erring iates berth at ber own piet, that not beng “making inst? wien the Blatate i insended to cover, THE HARLEM CUP REGATTA BACING UNDEB DI¥FICULTIES—TWO OF THE BOATS GAPSIZED—THR TROPHY CARRIED 70 JERS: Y. ‘The race fer the Harlem Challenge Cup, which had not been concluded when darkness set in on Thurs- day evening, was sailed again yesterday, Only three of the ix boats that bad com- peted the fir day were eptered—the lto- gan, Emma W. and the Jersey boat Brothers. The course also was changed from six cireults around the stakeboats to four, making a distance of ten miles, or two and a balf to each ciroutt, If the frat day was ungatistactory, on account of tho calm, yesterday was the very reverse, and this accounts for the with- drawal of three of the boats, The beur for starting was postponed till one, two and three o'clock, when, ‘at last, the plucky crews agreed to take chances, as the rough weather showed no signs of abating. “Lon? on, Who commanded the Brothers, pusted out, avd every man was at bis post awaiting the gua, when the boat was struck by a squalland capsized. Two of the crew were struggling in tho water, but the steam launch Chase, which rendered good service throughout the day, went to the rescue. The rest of the crew perched on tho side of the vessel, whlol was towed into shallow water, The boys were not stow in righting her ior anotner effort. eanwhile the other two boats were ready, and J. ©. Dowling ordered the gun to be fired. The Jersey- men crowded urouna bim aod protested against wis violation of fair play. ho gua was fired upd off started the Hogan. Fourteen minutes after the Hogan went \he Einma, the crew of the Brothers, ataed by men WO Went out to their assistance, straining every nerve till the water Was bailed our und the cunvass set. Agutm under way und she swept by the stake- boat in pursuit of hor rivals just eighteen minutes after the Emma, the cheers of the crew as they started off tinding a arty response ou shor following, therefore, is the order 10 which ¢! Brothers. The Hogan made her way round the upper stake- boat anu came ploughing along at a lively pace til she reached the open space off the the southerly point ot Ward’s Isiand, when she gave a lurch and was going over, but her orew, by a desperate righted her ‘again, Forty yards further on she was struck by a gust which cap- sized her. A tug happened to be passing bear ana offered assistance, but it was declined, though one man Was iu the water, ‘The littie steam luupeh was aguin at the call of veed, but the man in the water seemed to enjoy bis bath, altbougo be was several yards astern of the vessel, 1b¥ others wero ted quite contentedly on all of tucir craft that was bie, und as the steam launch proceeded to tow them ashore the mau im the water climbed up and Joined bis companions. the Emma D. came down past the dangerous point, aud she too was siruck by a aquall, but hor skipper, Jacob Varian. warned by the fate of the Hogan, had tak tions in bandwng the capvas Carefully, and ai some narrow escupes abe was on ber way to the Man- buttan stakeboat. On the lust round the Emma D. shortened eat! and camo slong leisurely, while the Brothers was leil to make the Hnish alone, and came to the stakebout wt 6n. 48m., having made the course ol ten miles iv 2b. 3m. fore. HANDBALL AND RACKETS. Several uno games of handball and rackets were played yesterday alternoon, Jor the benefit of the yel- low fever sufferers, at McQuade’s court, Madison sircet, this city. The frst struggle at handball was between Messrs, Michael Regan and Charles Loonan, In five games. best thr Score:— Regan 21 19 21 21—82 Loonao . - 20 2 pus 8—66 Next came another handball contest, best two in three games, between Messrs, Francis J. Plant and John Lysaght on one side and Messrs. Jobu J. Dono- van aud Thomas Hughes on whe other. Piunt and Lysaght. 21-58 Donovan aad Hughes. oe 11—s0 In the following handouil struggle Mr. Jamos 3Mc- Cleilan played with Mr, James G. Stepuens, best two in three games. Score: DicUlellan. . 21—58, Stephens 21 14—a3 The suceeediug handball engagement was jour. banded. in these tive games Messrs, Philip Cascy and Joho Grady played against Messrs, B. McQuauo and Wiiliau Courtnyy. Seore:— Casey and Grady 19° 21. 2k 17 zl—99 McQuade and Courtuey,... 21 4 20 21 13-70 lu the next encounter at handball Protessor James Keating aud Mr, John Leuhan played against Messrs. Edward iwylord aud George Hanley, BSovre: Keating and Leniuan . 2b 20 «21-62 awy ford and Hanley 16 a 19—50 ‘Tho first contest ut American rackets—best two in threc games—wus between Mossra, James Reilly aud Jumos G, Stophens, on the one side, und Messrs. Jobo D, Farreliaod James MoCicilun op the other. a 19 Wa ub 2h tl—os as also four-banded— one side wero Messrs. Joon Lysaght apd #. J. Plant, and on the otni Messrs. thomas Hughes and J. J, Donovan. Lysugnt and Plane. ai Hughes and Donovan... . ‘The contest between Me J. Jobustou was a rub of best two in three games. 18 2 21—t0 seesewee 2h w 16 —05 for the day was a four-hunded engagement, best two 1a three games. The contest- ants were:—Professor Ja Keat: end Mr. Jonn Neison, oc the one side, and Messrs. Juhu and Andrew Van Upstal on the other, seore:—~ Lenihan and Van Opstal. iL 16 21-53 Keating ad Nelson... -2 a 1354 BASEBALL, ‘Three fine games of baseball were prevented from being played in this vicinity yesterday alternoon by the stormy weather. The games booked for the Union aud Capitoline grounds between the Astorand Orauge and Hudson and Flyaway clubs were beth of the metropolitan championship serios, aud the one lor the Centennial Ground was to have been between the Alaska, of this city, and the Witokas, of Brooklyn. A five tuning game was played at Albany between the Albany and Hudson clabs, which rosulted ine Victory tor the Aibauys by a eof 2tol. Tue games to be played to. ure us follows Jersey Ciiy and Flyaway, on the Centenaial Ground, Serscy City ; Montgomery aud Hudson, at the Capitol- ine Ground, Brooklyn; ud Witoka, oo tue Union Ground Wiuliamsbarg; tor and Urange, at Oran Nameless and Star, of Greenville, at Prospect Park; Boston und Ludiapapolia, at Indiauapous; Cui- cago and Civcwaati, at Chicago; Milwaukee aud Providevee, ut Milwaukee; Holyoke and New Beu- ford, jew Bedtord ; General Worth aad Emmet, at Stopebam, and the Stars, of Syracuse, and Baullalocs play their last interaational championstip gamo at Baullalo. Tho League championship gamo at Indianapolis between the Indianapolis and Boston clubs resolted in favor of the latter by & score o1 3 to 0. THE RIFLE. THR SIXTH ANNUAL FALL MEETING OF THE NATIONAL KIFLE ASSOCIATION. ‘The sixth annual fall prize meeting of the National Rifle Association promises to be oue of the most fa- teresting events that Croedmvor bas evor bad. On the ovening of the 2ist inst the prizes ure to be dis- ributed at @ilmore’s Garden, whieh will bo superbly decorated for the occasion, when General Hancock will present the prize for tho military champtonsbip, Gonoral McClellan that for the inter-3ta.o match, aod Judge Gilderslecvo the prizos for the Champions’ and Wimbledon matches, witch are both long ranges, THE ORDER OF COMPKTITIONS. Tho following order of compotitions will be ob- served in the meeting TUMSDAY, SKPTIM Morning -New and Old Range 1. Judd Match cinetvidu sl, 200 yards, commences 9A. M., Vasnge Mateh—Indivianal, 200 yards, 0 A.M. to Closes 12 M. (nwormtaion one hour.) ajlernoon—New Kunye au Couaiey Match—Joams uf 6, first stago, 200 yards. 1 730 a Guyairy State) Match—Tos of 7, 200 yurds, 1:30 DP apion’e Matoh—Individual, first stage, 200 yurds, vr. M, Javalry Nateh—2c ams ot 6, secoud stage, 900 y 4:80 105 P.M. . old kenge, 10, Army and. Nayy Journal Match —Teauns ot 12, 000 t wo Pp, M. “Gatling Match—Loams of 12, SOOyards, 2:80 to 4 Me 10, Subscription Matcb—Individual, any rifle, 600 yards, wu P, dato: 16, Subseription Mateh—Individaal, any militery rifle, 500 yards, 4 to 5:0 1’, M. WEDNKSDAY, SRPTEWBER 18, rary . N onal pt , 200 yards, rst staKe, Ty ‘ Ma. Laflin & Rand Powaer harp 4 Mateh—Indi- vidual, Ores stage, 200 yards, to 12 A. Cusermiaston one bout.) A. ee of 12, -Old Range. uu.» tp ¥ es ‘atch—Teams of 14, socend stage, 500 is, 1 to 2 P.M, LP rat division N. ¥. 4 N, O, Match—Doame of 12, aco a: M. a Meteb—Teams of 1: tour. Company Mateb—Tndividual, 000 yt too 90 BM. New Kanye © Gapseeipth Mateh—individual, BP. M. bactiption Mateh -Andividaal, v. M. ond stage, OW) yards, 2 to 14, pecund ‘division ¥ rifle, 200 yards, 3 yy military rifle, 200 & Son authorizing bim to eollect the money. envelope was postmarkea Liverpool. Being well uc- quainted with the frm of H. J. Baker & Brother, and their and 20, Subseri <2 Silver MuigheTonins of 4 Sst competition, 300 yards, vor Mutgh— 4 i Shato8 Pek oy bead " TUURSDAY, sePTEMAKR 19, Ud Ke wage - Morwing. 17. Interstate Military Match—feams of 12, first stage, 200 yaras, 9 to 10 A.M. 21. lnteznatioual Military Mateh—Teams of 12, fires stage, 20) yards. 10-49 103404. 17. Interstate Military Mateh—Teams of 12, second stage, 500 yards, 11 A. M. to 1 P.M. few Tange, 18. Short Range Team Match—Teams of 4, first staxe, 200 yards, 9 to 1A. M. Milltary Championship Mateti—Individnal, first stage, InAs M. to 12 ML ams of 4, sveoud competition, 300 . one hour 1 to2 P. M7 ‘oun Old Range. 21, International Miiraee Masch—-Teame of 12, second 500 yards, 2 to 3 7 International’ Military Maich—Toams of 12, third stage, 600 yards, 4 $0 530 P.M. 18. Short 2 teams Mareen ton f 4, dst ort Range Team Match—leams o! second staze, 800 yards, 2 to 4 P.M. FRIDAY, SKPTRMDRR 20, Morning—Old Raage. 22, Military Championship Mateh—Individual, ptage, 500 yards, 9 to 9:3) A. M. 22, a itisary hus pionship Match—Individual third stage, yi e 23. Supseri; ards, 10 to 10:30 . tion Muteh. dividual, any rifie, 600 yards, 10:80 to 12 M. 24, Subscription Meten—Indivicual, aay military rifle, 600 to 12 Yards, 10:30 . 5, Champion's Match—Lndividual,second ssage, 600 yards, to 12 M, yards, 12:30 101 P. ntermiss second ({ntermigsion, one hour.) (ylernoun—Old Range. Loug Range Mutch—Teams of 4, 8, 1 tod PM. 25. Inter-Stat First Stage, 1,000 yards, 4 to 5 27, Winchester ranning aeer match—@ A, M. to 5:80 P. M., At rumning deer tures. SATCRDAY, SEPTEMBER 21. Morntnj ~OUL Championship, Museh—ludividual—dth stage, ith ste, 000 yards; Gt stage, 1,000 yerds: ‘dnterimisson, ong hour.) fernoon— Old Range. 26. Wimbledon Cap ‘Noten = Individual, 1,000 yards, 2 P.M. SHOOLING IN THE RAIN, The frst contest fora Winchester repeating rifle look place at Brinton Rifle Range, near Elizabeth, N. J., yesterday afternoon, Tho rain fell heavily, and a strong Southeasterly gale prevailed. The riflemen were sheltered by atcnt, and as they used breech- loading rifles were pot delayed im their sport. There were twenty-two entries, The distanco covered was 200 Yards, ten scoring shots per man. The leading scores were a8 follows, the highest possible number being fifty pommts:—J, I. B, Collins, 44; LL. Paulding, 41;, J.P. Ruthyen, 41; HW. Gourley, 41; A. J. Howlett 40; F. A. Hotton, 29; 8B. by oe 39; ‘Dr. J. M. Dart? 383 J. W. Martin, 37; C. 1, 87; A. SeLuness’ 35; W. T. Amos, 34, fhere will! be no match at Brinton next Friday, as most of the NewJersey riflsmen are anxioas to win laucols at Creedmoor during ihe autumn meeting, ACCUSED OF FORGERY. 00 9 ur VAM. to A GENTEKL MAN'S ANXIETY TO GET BILLS FOR A SPULIOUS DRAIT LEADS 10 HIS INCABq CERATION ON A ORIMINAL CHARGE, Aman about thirty-five years of age, of neat ap- pearance and good address, entered the banking house of Morton, Bliss & Oo, No. 25 Nassaa strect, on Wednesday last, and, approaching the casbler, tn- troduced himself as Cuarics Baker. He anid he wanted to get currency fora bill of exchange calling for £2,159. He was asked to show the drait, and when bo did so the cashier found that i was drawo on N. Waterbury & Son, of Liverpool, and signed H. J. Baker & Brother, Tbe man said it was on account of a salo of cotton, and, no doubt afraid that this would not be suffictent, had fortified himsolf witha letter, supposed to bave been forged, from Waterbury The signature appearing to be genuine, the firm of Morton, Bliss & Co, hav- ing had extonsive business transactions with the firm of Waterbury & Son, the cashier made up his mind to buy the drait, have the amount in bills, butas Morton, Biiss & Co. make tt a rule to give check to order only he received the sum of $10,427 99, currency, in a check, drawn to the order of H. J. Baker & Brother, and made pay- able at the American Excbunge Bank. Baker, cails himself, then left the banking house, and aiter his departure t The forger showed bis anxiety to je cashier's suspicious were aroused anxiety to got the emouat in bills, and y notided the bunk officials to look out tor the Man presenting the check, 18 CUSTODY. la the meantime Baker called on a friend of his, who gives tho name of Butroughs, and asked him to present the check at the Americun Exchange Bavk and have it cashed. Burroughs promisad to do so, but, as be says, doubting the genuineness of Baker's transactions, ho deterinined to call on H. J. Bak & Brother and satisity bimsell, On Tuureday bi visied that firm and surpraed them whe be askod if tney had authorized any perso! to draw sucuan amount, They answered in the nega- tive, and ou finding that tho check was signed by Morton, Bitss & Uo, they visited thet office and learned the whole business. Burroughs also repaired to the banking firm, und the latter having imme. diately called in she services of Detective Rad- ford Burroughs gave bim a full description ot bie frend Baker, The detective kopt & close wat im the neighborhood whieh Baker was known to frequent, and succeeded in capturing yesteruay afternoon tne corner of Fourteenth street and Irving pla He immo ught nim to Poltee Headquarters and oot!- stier of Morton, Bliss & Uo, to come there bo could idenuly the priso T d the summons, and afier bh takea tuto ® room where Bak: others were stauding, sud without arrival was and man 2 Moments horitation recegnizod the man whom Do- teetive Radiora had arrested us the party who had sold his firm the dratt on Wednesday. kor was Tomanded to the cell and will be brought to court this morning. Morton, Bliss & Co., although they have fost noth- ing, Intend to prosecute Baker in order to strike ter- rorinto tho hearts of the forgers wbo huve been preying on Wall street and its vicinity for the past two months, CITY NEWS ITEMS. Six huodred and fifty-six emigrants arrived yeater- day ut Castle Garden. Tho Arion Soctety will have a summer night's fest val ut Terrace Garden this oveulug. ‘Tne customs inspectors seized at pier 13, North River, yesterday, 1,016 smuggled cigars and $60 ban- ee of cigarettes on the steamship Vera Org, trom i Michaet Schtesser, of 156th street and Cortland avenue, died yesterday [rom mjuries recoived by fall- ing to a sewer at 152d sireot aud Westchester road on the 12th inst. A young man, named William Smith, was cow- mittea by Judge Dufly, yesterday, in detuult of $1,000 bail, to wwalt trial on u charge Of having reckicssly discharged a revolver ig the suloon No, 7 Chatham arsday night. x Market Police Court jterday Frank bow Andrew Maxwoll bad stolen $100 Rogers’ tuthor accused it y 100 gold watch. Maxwoll was committed in $1,000 and the boy without bail. The New York Elevated Ratiroad, besives ruvning taetr DSO Sixty-seventh street Tate as mid- night, commenciug on Monday next, will also trom twat time rua the trains on two and a balf minutes from cach eud, instead of five minutos, as at present. James Morau and his wile, residents of Hunter's Point, while uriving down Niath avenue yesterday, were thrown from the wagon and severely injured The horse took iright at a passing train oa the elo- vated road und , dasbing the wagoo against one of the which support the track. ‘The aflldavits of Deputy Collector Baker and In- apector Wynkoop, attaghod to Castio Garden, in rela- on to the row with Inspector Van Horn, when he attempted to search un emigrant’s baggage ou Weanes- day last, have boon forw: 4 tnrough the Surveyor to Colicctor Merritt, The lattor will hear the case at a iy day. Doputy Surveyor Lake said yosterday thi dis- trict on the North River side, presided over by Weighers Burns and Acton, will be consolidated, and that Acton will have charge of it, The district on the East River side and also Willtamaburg, in which aro Weighers Drow and Bacon, will bo consolidated and Bacon will run it. SUBURBAN NO’ ‘the democratic primaries io the various districts of Kichmond county will be held oa Tuesday next. The Republican Central Committee of Queens County held a meeting at Long Island City yorturday, aud decided that the County Convention for the sciec- aunty oflicers und the choice of io ed to the Congressional O tion should be held at Jamatea on the 17th of Octobe A petition is in circulation among the neiguborhood of St. Mary’s avenue, Ciitton, 5. 1, asking that some means be devised lor disposing of the many dogs that make their beadquarters ia th ‘ merous there ES. Jamos Alsdor{, Chester C, Brown and Constable George F. McCormick were accused in the First Dis. trict Court of Newark yesteraay with contempt of court, m disobey: he order of the court rolative to the sale of a sewing machine, It appearing that Brown offouded unintentionally he was let go, but ealied, could Alsdort was fined, The constabdie, wi not be found, Ata special meoting of the Newark Common Coun- oi) yesterday alternoon a resolution was passed giving the Catet Engincor autnority to take two fire engines to Bast Newark 10 case of fire, bis was caused by the refusal of the Newark Dopartmont to obey a sum- mons to subdue a tire the Peters Manulucturing Company's faciory some days ago, by which $150,000 worth of property was destroyed. ion Match—Indivigaal, any miultary rife, 990 HEALTH ORDINANCES ENFORCED VIOLATIONS OF THE SANITARY CODE PUNISHED WITH FINSS AND IMPRISONMEST. ‘The Board of Health continues to wage war against violatora of its ordipances. Seven prisoners were arraigned yesterday at the Court of Special Sessions, before Judges Bixby, Fiammer and Kusmire, charged with having Violated section 112 of the Sanitary Code, which torbids dumping or keeping manure wi:bic the city limits, Joba Buras, cbarge’ with dumping manure at the foot of West Thirty-stxth street, pleaded guilty and was Gunes $20, Edward Teague, who dumped manure at the foot of West Thirty-sevonth stroot, was charged by Colonel Hastings with ropeated violat:ons of the law and defl- ance of the powor of the Board of Heuith to eaforve us . He was sentenced to one mouth in te Penitentiary and $100 due, Dents Devine, of West Thirty-seventh strect, noar the Ween ges proved to be and was Oped 4 sentenced Lo ten days’ conflaement ip the City Prison, i John Hughes, who dumps at the foot of West Thirty- eightu street, pleaded guilty and was flued $25. tbowas Scully, Whose dumping piace is ut jue foot of West Thi was fined $30 on a similar charge. ¥ehx Doberty for the same offence was fined $50. Peter Doguelly, who accumulates garbage, dc., in the same neighborhood, Was chargod vy Colonel Hastings wiih flagrant eontempt of the Board and re- peated disregard of ite ordinunces, nowithstanding ample notice. Ho was senteuced 40 one month’s im- prisoumout in the Penitentiary, Joun Kauffel was urraigned om complaint of Dr. Blake White, who charges bim With seiiag ekimmed $0 adulterated milk. jo was found guilty and flued Mre. Faavy , of No. 404 West Thirty-frst streot, was tned on Wednesday ior having her cans marked in accordance with law and uot for selling adulterated milk, HUNTERS NUISANCES. The ammonia works nuisance case occupied the attention of the Queens County Court of Sessions all duy yesterday, aud will not be conciuded, it 18 believed, before Monday evening or Tuesday, The prosecution were permitted to call twenty wituesses to testify as to the character of the stenches alleged to proceed from the works. Their testimony presented liste Variation, as most of them wore very positive that these stencles Were really given out 10 the process o manutaciure carried oa ta the factory. One of vn last witnosscs culled by we proseoution, Mr. Jonn & Scuwackoler, insisted that the douth ofa coild that ne had fost was cuused by iunaling phe odurs trom tho factory, and that they had maue Vhe other mowbe of bie family, a8 well ag bimeelf, ill, Lhe ebild, appears, dica trom cholera. On bis crogs-examicution he testiied that he wag still living tn the same house where the chil died, He deseribed the stoncn which he complained of as a putrid one, simiar to that of decaying animul matter. District Attorney Downing conducts the prosecution, assisted by ex-J tage Pearse, ot Long Isiand Cwy. ur. Olmsicad, of Tracy, Olmstead & Tracy, vegan his opentog lor the detenc: about noun, He gave un elaborate deseription of the processes of the manuiac- ture carried oo by the Ammoam Company, the pro- ducts of which are sulpbate of ammouia, aqua ammo- nia and sulphuric acid, and insisted that bo nuisance ‘wus, of possibly could be, cuused by anything tbat was done therc, ‘Ihe frst witness called for the ue- Jence was David M. Marah, president of the company, who gave u mote minate description of the processes sbau Mr, Olmstead hud douo, and was positive that pO deleterious gases or stenchea whatever cogid escape from the building. His cross-oxamivation by Mr. Downtog occupied tbe remainder of the afternoon, GARBAGE DUMPING. Pol OPINION OF THE SOLICITOR ON THE POWLES OF THE GENERAL GOVERNMENT TO PBEVENt OBSTRUCTIONS IN 1HE HARBOR—ADDITIONAL LEGISLATION BY CONGRESS RECOMMENDED, Wasuixaron, Sept. 13, 1878, Judge Raynor, the Solicitor of the ‘'reasury, has rendered ao opinion to the Secretary of the Treasury conceraing the dumping of retuse matter ia tho waters of the east channel of tho entrance to Now York hare bor, From the lotiers and papers sent to him by the Secretary of the Treasury it was impossible te locate apy particular poiut where the refuse isdumped. 1t was apparent, however, that it was not inside ol Sandy Hook and not within the municipal authority of the city of New York. Such belong the case he deemed it necossary to confer with the Naval Secretary of the Lighthouse Board to ascertain es nearly a3 possibile the location where this dumping is done, and aiso whether any real injury to navigation is or is likely to be occasioned by it, Resulting trom this conference Commauder Dorsey wrote to General Newton, licutenant colonel! of en- gincers 1t appears frow General Newtou’s reply that the discharge of retuae matter 18 made within the channel at the entrance of New York harbor, and in bis opiuton will cause injury to ouvigation by increasing the shoals of ibe var and by esusing ». terior deposits to be tormed, POWKRS OF THE GOVERNMENT, ‘Tho Solicitor argues that under the conatitution of the United States and she decisions of tue Supreme Court tho power to regalate commerce with foreign natiens and among the States, aud to pass ali laws nocessary to enforce this power, necessarily Includes the power to keop thom open aud free from any ob- struction to their navigation interposed by the States OF otherwise to Femove such obstructions when they exist and to provide by such regalations as they may deem pruper agaiast the vecurreace ol the evil and for tue punishment of the offender. No doubt, there- fore, can exist that the Judicial power of the United States will extend to tus case of obstruction to navi- gable wators and Larbors of the United states; but the Soleitor, upon careful jon, finds no Jaw of the United Stat it a misdeme: crimiual offence to obstruct channels of th passing 1nto harbors, and it is a fuadamental doctrine in respect to the 1eJeral courts ol inferior jurisdiction that they cannot take cognizance of criminul offence ot any grade wibout the exprees appointment or discretion of positive law, To euuble them to exercise the fanctions bestowed by tho constitution over crimes und misdemeanors nero must be a designa- tiou by positive law o! the offence and the tribunal which shall take cognizance of it, 1t tollows, ther fore, thatthe obstruction to commerce in this ¢ cannot be prosecuted criminally or without first in- vokibg prevention and remediul Jeisiation from Con gress. “The question then arises,” the Solicitor says, “can apy remedy be found on the civil side of the federal courts? [suppose the place whore the ob- noxious deposits ore mude to be within a marine Jeague from the shore aud sufficiently withio the jing of bead jands to raise ny question of jurisdiction.” QUESTION UF INJUNCTION. “Upon some examination of authorities, ana as at preseut advised, 1 um of opiuion that a bill may vo ied on bebaif of the United States in asking Injunction against the parties ong: structing the channels to New York harbor, and that upon proper testimony of exports, such at of Gens eral Newton, the court would in ail probebility enjoin tho. parties defendant im such @ proceeding from making the deposits in these channels, or enjoim them temporarily uctil proper legislation of Congress, All question of giving bond for injunction 16 avoided vy section 1,001 of tue Revised Statutes, 1t is uppar: at, however, that sucn lujauction, if gradted, can only roach the parties defenuants in (he case now en: gaged in dumping refuse, and that may be employed or ougaged in so that it might ipvoive coosta great expense, Such proceedings, also, must be sane tiovea by the Alluroey General to enable the Liatrict Attorney to receive Compensation bot otherwise pro vided cd a service Which Is not a part of his ordiuury duties,’ DUTY OF THE CITY OF NBW YORK, “I have abstained in woatl have said from any dis cussion of the jurisdiction of tn te ot New York, thin your relert would in this connec tion sugges! fu all probability are ma ¥ pel tractors for this service with the Street Commission- ers of Now York or other municipal officer or com. mission, and, 11 80, it is wishin the power of the municipality—a body whoge people are most Inter. ested 10 this matter—to require an agreement and covenant that deposis of reuse shail not be mad¢ within limits which will cause obstruction to tts hare bor his covenant by 4 “Under all the ciroumstauces and cou! ferrod to und the near approach of the si gress | must advise that the department bo immediate proceedings, but that the whole matter should be brought to tue early attention of Congress: und that body be asked to pass remedial and pre: lor the protection of commerce in this ‘a, you afo of opinion that the dan- ger to Commerce 15 Imminent and An immediate consary, | will, oy 70 if direction, eon! District Attorney in Now York, ai the jou Of the Ator: Ge i ° steps as mature consideration may suggesi.’? AN ILL WIND, Captain Gunner yesterday addressed 4 letter to Police Commissioner Nichols, chairman of the Street Cleaning Committee, stating that for the past six days the tugs belonging to the department havo not been ‘able to go tosed On account Of the wind being east by northeast, amd that all (he seows belonging to the Bureau and tuoso that are Lired are laden, aud snould tho Wind cuntinge in the samo direction for the noxt twenty-four bours be will not be able to collect the ashes in the city unless he is allowed to deposit tho same Oo the different dumping grounds, FIVE DOLLAR COUNTERFEIT, Michaei Arnola and Valentino Suseman were ex amined vefore Unitod States Commissioner Winslow, in Brookiyn, yesterday on & charge of passing « coun- torfott five dollar biil on the National Bank of Han. over, Pa Arnold was hela to await the action of the Graud Jury, in defwalt of $2,600 bail, obtained surou al wi jaa released, |