The New York Herald Newspaper, January 3, 1879, Page 4

4 ‘ Nia ALEB CUSHING DEAD. Last Honrs of the Distinguished States- man, Jurist and Diplomatist. TRAVELLER, AUTHOR AND CRITIC. Sketch of a Long and Eventful Lite. (BY TELEGRAPH TO THE HERALD. ] Newsvnyvort, Mass., Jan. 2, 1879, Caleb Cushing died at fourteen minutes after eleven o'clock, He was unconscious during his last Lours, and he had spoken during the day only whén he re- quired attendance. Previous to last July Mr. Cush- ing had enjoyed excellent health for aman of his years and he appeared as vigorous as ever. In July he had an attack of erysipelas, which broke him down ap- parently, but he seemed to rally again, and had mado luis preparations tor returning to Washington after the recess of Congress. He had also accepted an invitation to deliver an oration at his home in this city on the 224 of February, on the occasion of unveiling the new Washitigton Mon- ument Intely presented to the eity by Daniel I. ‘Teuney, of New York, About two weeks ago he begun to fail rapidly, but did not take his bed until yesterday, All day to-day he had been perfectly con- scious, and though he talked little he evidently real- ized his condition, His altending physician, Dr. Snow, had been with him since noon, and he was also attended by his half brother, John N. Cushing; his nephew, Lawrence B. Cushing, and his sister-in-law, Mrs. William Cushing, widow of another half brother, in whose family he had lived since his return from Spain. At six o'clock the movement of the pulse was scarcely discernible and his articulation was inaudible, About half-past ten o'clock a HEBaLy correspondent was at the house of Mr. Cushing, and there learned from a mémber of the family that the dying man was unconscious and was growing weaker eyery moment. His physician thought that the chances of his surviving till morn- ing were unfavorable and his death was looked for at any moment, Mr. Cushing was one of the keenest, brightest and subtlest intellects America ever produced. In the scales of mother-wit, political and literary talent and genius for adapting himself to novel surroundings he had no rival for a generation and leaves no poer behind. Ina permanent sense he was the oldest of American statesmen who witnessed the advent of the year 1879, and few now living can remember the time when Caleb Cushing was not a great power behind the throne. Age could not wither nor custom stale his infinite variety. He was as much at home as a confidential counsellor during the successive repub! van administrations as he had been in the early days pf Harrison and Tyler. A jurist, a diplomatist, a political manager, orator and oracle, a writer of rare powers of diction, a learned historical investigator, a traveller who comprehended ut sight the situation of every land he visited, he was also distinguished as a linguist and might have made his fortune as a wit or as apoct. His military career added another to the many réles in which he appeared prominently before the public. The students of the new science of heredity will surely claim that much of the rare ability of Mr, Cushing was due to the sturdy New England stock from which he sprang on both sides, Deseended from several of the earliest settlers of Scituate, Mass., he was a near kinsman of several eminent jurists, oue of whom—Thomas Cushing—was one of the fore- most patriots of Massachusetts in 1775, and another— William Cushing—was one of the first Justices of the Supreme Court of the United States, and declined, in 1796, the post of Chief Iusticy, tendered him by Washington. The fother of the late statesman, Cap- tain John N. Cushing, was an opulent shipowner at Salisbury, near Newburyport, Essex county, Mass., then a port enjoying a large commerce with the West Indies and other foreign lands, though now that traffic has been concentrated at Caleb Cushing was born at Salisbury, January 17, 1800; his years were consequently accurately num- berod by those of the century. He was fitted for col- lege at the Salisbury public school, and was sent to Harvard College almort as soon as he entered his teens. His college carver was remarkable for the eager zest with which he grasped the details of every science having any connection with history, which was always the subject gf his chief interest. He won the honors of the salutatory oration and was gradu- Sted in 1417, at the early age of seventeon years. He remained at Cambridge after graduating, preparing himself for a legul career; but as four ycars must elapse before his chief employment consisted in revelling in the historical treasures of the | Harvard Library. In 1839 he delivered a poem be- fore the celebrated Phi Beta Kappa Society, and in the same year pronounced an oration “On the Durability of the Federal Union” on the occasion of taking the degree of Master of Arts. He had been from his youth an eager politician, and of course In 1819 he ranked himself among the federalisis, was appointed tufor in. mathematics and natural philosophy in Harvard Colloge, and filled that post for two years. About the sume time he began to con- tribute historical articles to every number of the North American Review, and even at the present di the student who refers to the pages of Poole’s “Index to Periodical Literature” is ay- tonished at the range of subjects on which he is referred to these early essays ‘ax an authority, Little was then known of the revolutions transpiring in Buenos Ayres, in Chili, Peru, Colombia, America, Mexico and Hayti; but on Tutor Cushing presented most Summaries, as he did a littl lat ting the Greek tution and other gi Pp convul- sions in Europe. Mr. Cushing bas always been the stormy 1 Of contemporanvous history—nothing att him so irresistibly as a revolution, no mut. what part of the world it might occur. In 1821 Mr. Cushing removed to Newburyport, which was thenceforth his home, and he was there admitted to the bar in 1922. His professional career ‘was inimodiately successful, and he was soon re- garded as one of the imort promising young lawyers practive, however, did not the of the State. His leg prevent bis devoting a portion of his tim study of the musty archives of the tow! printed in 1825 a “History of Newburyport,” though not remark: for comprehensive: to an extremely useful manual and almost th ina braneb of literature now enjoyin t vogite in New England. In 1824 Mr. Cushing married Mixs Caroline Wilde, daughter of Judge Wilde, of Bo an accomplished lady of literary and political t who contributed not a little to the brilliant ew of her husband's career. About th . prepared a emall manual of “The Practical Principles of Political Economy. BEGINNING OF MR. CUSHING'S PUBLIC CAREER, Mr. Cushing's political career began in 1825, he was elected to the lower branch of the Mass: setts Irgislature. ‘The year following he was a me ber of the State Senate. ability and to the satisfaction of his constituents, After his two years’ service in the Legislature he gave two years inore to the exclusive practice of his profession, in 1829, he went to Enrope on a tour of observation Although attaining high prof ual auc great interest in the po . Mr. Cushing continued to pursue his literary studies with ardor and his reputation as a writer and thinker grew apace ‘with his career as a lawyer and politician, return from Europe he pu conces of Spain” (1633) and also a “Review Historical and Political of the Late Revolution in France” (1833). ‘Those works, which w awh in two volumes, gave him considerable literary standing, {tn 1883 Mr. Cushing was again ciected to the Mas- sachusetts Le and he was ro-elected the fol- lowing year. elected to Congress trom nd he was three times re- elected, serving in the House of Representatives trom 1495 to'1843, Politically Mr. Cashing began his career as a whig, and he continued to act with that party till after the death of President Horrison, when he cast his fortines with those of Jolin Tyler, and #60 the North Essex district, severed all hix old party relations. MR. CUSHING IN CONGRESS, In Congress Mr. Cushing showed ail the great pow. ers of thought aud perseverance he had exhibited in the Massachusetts Logislatur deciced mark Lis party did as a statesman, however, for not come into power tll the assembling of the Twenty-soventh Congress, and then he chose to yo with ‘Tyler and the minority. Whon Mr. Cushing entered Congress Join Quincy Adains was among his colleagues, and two juen Who Were afterward to be President hud seats on the four—ranklin Pierce, of New Hampshire, and James K. Poik, of Tenn (the latter being Speaker or the Mouse). Cla ett, Crlhoun, Silas Wrigiit, James Buel Fhomas H. Benton and others ‘almost as eminent were then in the Senate wn claimed almost the exciusive atterition of the country, At uo lime during the listory of the coum- mt We NEW YORK HERALD, FRIDAY, JANUARY 38, 1879.—TRIPLE SHEET. the territ aired the | made Koakentts us BB try was the Senate more to rule than dur- ing this period, for, though the House was an able one, it was no match for the Senate. In the next Congress (the Twenty-fifth) Mr. Fillmore was added to the list of eminent names which form the record | of the time, and it so happened that he was to close his Congressional career the same time with Mr, Oushing—the one as leader of the House in the Twenty-seventh and the other as the leader of the tration revolt. Senate al The whigs had a majority in the clected a whig Speaker and whig Clerk in the House with ease, but still there was no complete organiza- tion for nae days, At last Mr, Cushing endeavored to push leg: ion, without committees and without rules, appealing to the majority, as the frieuds of the administration, to come to the rescue of the country and organize the House. The gist of his appeal was in these words:—‘I appeal to the whig party, to the friends of the administration—-snd 1 recognize but one, and that is the administration of John Tyler— that is the administration, and Lrecognize no other in the United States at this time.” At the very outset Mr. Clay submitted a programme of measures in the Senate for his party int opposition to the recommend- ations of the lent’s Message, and it was to this Mr. Cushing referred in saying that he recognized only the administration of John Tyler. But ‘Tyler was as anxious for a break with the whig party as the whig we was desirous of breaking with the President, hen the rupture fivaily came Cushing was the champion of the administration, the Massachusetts Representative justifying the President in his veto of the National Bank bill as wppealing to the whigs to sustain the Executive, But the whig party went with Mr. Olay and the Shie Conerene aud against Mr. Cushing and the “whig dent.” MR. CUSHING AND THE TYLER ADMINISTRATION, ‘The natural result of the break between the whig pring tee? and the President was the resignation of the ident’s whig Cabinet. Inthe reorganization of the Council of State Mr. Tyler nominated Mr. Cushing as Secretary of the Treasury, but the part Cushing had taken in the President's behalf and the extreme warmth of his championship of the Execu- tive made him so distasteful to the Senate that the nomination was rejected. His rejection was the result of mere party rancor—s mere fretful i to «give him the reward of his fidelity to the President simply becguse he had earned it. Its true there was in his conduct defection to the whig party, but however the whigs may have hated the treason it was mere political de- fection after all. There was no more cause for his punishment by the rejection of his nomination as Secretary of.the Treasury than there would have have been for the impeachment of the President. It is true he had voted tor every bill the President had vetoed and defended the vetoes afterward: but it is equally true that the entiro party would have done the same thing if it had not been regarded as desira- ble that the party should be put in opposition to the administration. ‘The same thing happened in some ree under Fillmore’s administration, and during Johnson's Presidency Seward repested the role of Webster under ‘Tyler, and Raymond and other pure minded republicans were willing to accept a part like that which Cushing played in Ir41. But Cushing waa not @ man to smart under the lash of the party whip, and Tyler was not a President to let a faithful cham- pion go unrewarded. ‘THE MISSION TO CRINA. Accordingly the mission to China, not yet agreed upon, but under consideration, became very impor- +tant in the Presidential eyes before the close of tue ‘Twenty-seventh Congress. The object of this mtw- sion was to open the way for future intercourse be- tween the United States and China, This was not a very important object at that time, and the mission was not conceded without a strugglo—a struggle that was all the more bitter as it was believed Mr, Cush- ing woujd get the appointment. The democrats not only opposed the biil as loose and latitudinous, but the mission itself us unvecessary, while the whigs were determined that no Minister should be ap- pointed without the consent ot the Senate—in other words, that Mr. Cushing should not be appointed at all, The President wus in a dilemma, He was anxious, indeed he was determined, to appoint Caleb Cushing; but Cushing was @ mem- ber of Congress and could not be legaliy appointed till after the final adjournment, and even then his appointment would scarcely be legal, for this was a new office just created by an act of Congress, which specially provided that no Minister to China should be appointed without the consent of the Senate. ‘The office was not a vacancy to be tem- porarily filled during the recess, but Me. Tyler de- termined so to regard it. This was all the more necessary in the President's eyes since it was clear to him that if he waited till the assembling of the ‘fwenty-cighth Congress_to make the appointment the nomination of Cushing would not be confirmed, Nothing more clearly shows the extreme partisan- ship of the time, for we might suppose that the Senate would have relented sufficiently to confirm him, if for no other reason because Clay’s friends might well rejoice at getting Tyler’s champion out of the country and so far out of iarm’s way. Neither 'ryler nor Cushing was disposed to make the test, and the latter sailed on his mission mm May, 1843, He em- barked from Washington on the new steam frigate Missouri and was accompanied by the frigate Brandy- wine, the sloop-ot-war St. Louis and the brig Perry. Tt was a formidable squadron fora peace mission end it met with delays and disasters of every kind. In coming up to Washington to take the Minister on boagd the Missouri ran on an oyster bank and fifteen of her crew weredrowned. She was ordered to gratity Mr. Cushing’s eyes with a sight of the coasts of the Mediterrancan and land him in the kingdom of the Pharaohs, but she took fire at Gibraltar and waa burned up. Thence Mr. Cushing was compelled to go to Bombay in British vessels, and when he reached that port the Brandywine alone was there, the St. Louis und the Perry being detained at the Uape of Good Hope. Making the best of circumstances, the Min- iscer sailed in the frigate to the nearest port to Can- tm, where he spent a considerable time in futile efforts to reach Pekin with the consent ot the Chinese authorities. If he had arrived in the country with the squadron intact his state papers show that he would certainly have sailed up the Pi-ho as neariy as possible to the doors of the imperial palace, As it ‘was & commissioner was sent to sign a commercial treaty witi him, and so there was no excuse for on American squadron entering the rivers ct China, Mr, Cushing's treaty was ratified; but the proceed- ings on hix nomination remain a. Senatorial secret, the injunction of secrecy never having been removed. AGAIN AT NEWBURYPORT—THE MEXICAN WAR, Upon Mr, Cushing's return from the China mission he again settled in Newburyport and soon resumed his peculiar fanctions of reprerenting that ancient he could be admitted to the bar He filled both positions withs He could make no | town in the Legislature. Daring the session of 1847 he became conspicuous us an advocete of the Mexican war—a policy to which the dominant party in the State was extremely hostile on the ground that i: was a war undertaken in behalf of slavery. This feeling ‘was so strong that the Legislature rofused to equip the New Engiand regiment of yo.uuteers which had been raisod for the campaign, when Mr. Cushing came forwerd and borrowed the required money in State street on his personal sccurity. It was a grace- ful act, to say the least, and should have disarmed the sarcasm and calumnies which tollowed it. It had the contrary effect, however, of provoking them, especially as Mr. ‘Cushing’ was made col: onel of the regiment and accompanied it to Mexico. One of the inost remarkable satires in the English language—James Russell Lowell's “Biglow Papers"—was the result of the controversy. Iu this work Mr. Cushing is satirized without mercy. A specimen of the way in which Mr. Cushing was be- labored is foundin one of Mr. 3. Sawin’s letters, who, after discovering that the Mexicaa’s “ain't much different from wut we be,” goes on to say An! hero wo,alr agcrat.gin' jem out o” thir g terin’ 'em, "ez Caleb sex, under our Wich means to take » feller up jest by the An’ walk him Spanish clean right out o UBER § ‘ Wal, it doos soom acurus way, but then hooraw forJackyon! It mavt be right, tor Caleb sez it’s rex’lar Anglo-Saxon, Colonel Cushing's regiment Was attached to the army under General Tylor, and its commanding officer was svon afterward made a brigadier geueral, While still in Mexico General Cushing was nominated by the democratic party tor Governor of Massechu- setts; but he was, of course, defesteq. It was during this canvass that Mr. Lowell's famous lines in the “Biglow Paplrs,” so often quoted by Mr. Cushing's enemies, figst appeared in print. This isghe stanza with the most gall in it:— General C. is a dreMe smart man; He's ben on all vides that give places or pelt; consistoney stilt wu a part of bis plan; party, au’ that is himself, HH his horn n, he Sex he sh for General C, But after ali General #Cushing’s only political offence was'in helping a whig President to oppose a whig Congress, and it is at least a doubtful question whether he separated from his party or lis party from him. SUPREME JUDGE AND ATTORNEY OENRRAL. After the Mexican war Gencral Cushing again re- turned to Newburyport to prictice his proiession, and with his usual fortune was sent us the represen: tative of the town in the Legislature. This was in 1450, and the same year he was ei the tirst Ma; of the city of Newburyport and re-elected in ISL, 1852 be was appointed a judge of the Supre: of Massachusetts and held the offic I Le was nol nated as Attor neralin the Cabinet of Pie He hela his place as a Cabinet sion of Mr. Buchanan to the Presi- dency in 1457, when, instead of retiring from public life or merely resuming tie practice of his profes- sion, he again consented to represent Newburyport in the Btate Logivlature, and in 1sb7, 1858 aud 1s was for the seveuth, eighth and ninth times a ny ber of that body, But tor all practical purposes Mr. Cushing resided in Washington after retiring trom the Attorney Generalship, practicing his preiession, ninch of his business being in the nature of private adviser tothegovernment. His grent acquirements and wide experience made bim peculiarly usotul in this respect, and he was freely consulted by every suc- ceoding adiuinistration, Some idea of Mr. Cushing's acquiroments may be formed from an auecdote tuat ‘was told of him while he was Attorney General, At & diplomatic dinner in Washington, given by Mr. Bodisco, the Russian Minister, it was said he con- verted in French with M.'Sarciges, the French Am- bassador; in Spahish with Don Calderon, in German with Baron Von Gerolt, in Portuguese with De Figa- and inthe purest Italian with the representa- { the ‘Iwo sicilies. The good-natured corre- spondent to whom we owe this story also took cure to inform 1s that “the distinguished party were sur- prised and charmed, and some thought the Yankee polyglot could bave added the Chinese had a repre- sentative of the Celestials been present.” When we consider Mr, Cushing's remarkable experiences in Chinw in 1843-4 it seems likely enough that he had added Chinese to his other accomplishments, THE CHAMLEMTON CONVENTION. Mr. Cushing, always a pro-slavery man, paturally enough xymputhized with tue extreme taction ot the demovratic porty in the divided counsels of Mr, Buchanan's adnunisteat on. He mever was-in uccord with the populer sovercignty itas which Mr, Dong Jas envnviated noon the Kensae Nebraska issue, but rather chose to regard slavery a8 a national inaettn tion guaranteed Ly the constitution aad normal io ai) United States. This officer in the Oharles- ton Convention of 1860 a great triumph for the ex- treme pro-slavery leaders and called down upon him the execrations of the Northern and Douglas demo- evats, who were no determined not to yield to the of the South than the extreme men in the South were agreed mit to the compromising spirit of brethren in the North, After the secession of the Breckinridge faction at Baltimore Mr. Cushing pre- sided over their deliberations as president of the Seger Denne National geese | His sym- and services, it was afterward si would give him great weight with the fee ger! Mr. Buchanan sent him to Charleston in December, 1860, as a confidential co: mer to the secession- ists of South Carolina to arrange the difficulties in regard to Fort Sumter and to avert, if possible, the impending revolution; but his mission was a faiiure, After the breaking out of the rebellion Mr. Cushing ave his influence and services to the cause of the ‘nion, and proyed himself as useful to Mr. Lincoln as he had been to Mr, Buchanan. - AT GENEVA AND MADRID. In 1866 Mr, Cushing was appointed a Commissioner to revise and codity the laws of the United States, and he gave much labor to this and other matters of a pub- lic nature. In 1869 he went to Bogota, Colombia, and negotiated a treaty respecting the Darien Ship Canal, In 1572 he was one of the American counsel betare the Geneva arbitration for the settlement of the Ala- bama claims, aud the tamous ‘American case,” in- cluding the much mooted demand for consequential damages, was his work. His elaborate argument in Freach was one of the most remarkable speeches made during the sitting of the commission, After his return from this mission in 1673 Mr, Cushing published a work called of Washington,” in which he sharply criti- cised the character and conduct of sir Alexander Cockburn, the British member of the tribunal, and he was as sharply criticised in return by the English journals, Upon the senemb ing. of the Forty-third Congress, in recognition of his services at Geneva, he was nominated by President Grant to succeed General Sickles as Minister to Spain, and, almost i:n- mediately after his contirmution, tor Chief Justice of the United States. The latter nomination wis made the occasion of animated contest, and his con- firmation was finally defeated by the production of a private letter to Jefferson Davis, written carly in the war, in which Mr. Cushing seemed to regard the dis- solution of the Union as an accomplished fact. It ‘was at his own request, however, thut his name was withdrawn, but by the wish ot tho President he de- termined to accept the mission previously teuderea, and he sailed from New York ou his way to Spain in March, 1874. His imission iu Spain lasted until Jan- uury 6, 1877, and coincided with au interesting period of American relutions with Spain. 1t iell to lus jot to conduct the delicate correspondence with the Span- ish government respecting the Virginius outrage in Cuba, ‘Ihe despatches of Mr. Cushing, publisued in the annua! volumes of the ‘Diplomatic Correspou- deuce,” were always learned and instructive, and they tormed decidedly the most eutertaining portions of those yolumes. Mr. Cushing was compuctely at home in discussing the successive Spanish constitu- tions or in presenting historical summaries ot Ameri- can relations with Spain tor the past half-centusy, covered by his own recollections. He was certamly the most popular Minister to the Spauish Court since the days ot Washington Irving. He was o keen student of Spanish politics, and told many intercst- ing anecdotes of his experiences during the stormy days that preceded the proclaiming of King Altonso. The crowning act of lus hy cere stay in Madmd was the setuememt of the Virginius indemnity dis- pute in the winter of 1875-76. ‘The feeling through- out Spain was very bitter, and a less calm representa- tive then Mr. Cushing might have precipitaced a war which, however popular at the time, would have re- tarded the commercial progress of the nation. Strange futality that the poet who had satirized him so in 1546 should have succeeded him at Madrid! Since his return from Spain in 1877 Mz. Cushing had resided chiefly in Massachusetts, and last autumn was nominated on the Butler ticket for the post of Attorney General, an honor which he declined on the nominal ground that he was not a citizen or Massa- chusetts. In fact, his legal residence for several ears before his death was in Virginia, he having ought a tract of land in that State, near Alexandria, so that his nomination as Minister was credited to Virginia. THE INSURANCE CONSPIRACY. CONTINUATION OF JUDGE SWETI'S ARGUMENT FOR THE DEFENCE—A HALO OF INNOCENCE THROWN AROUND THE ACCUSED—STATE AT- TORNEY HAMERSLY’S ADDRESS, [By TELEGRAPH TO THE HERALD.] HanrrorD, Conn., Jan. 2, 1879. In the Charter Oak conspiracy, trial to-day Judge Swett, of Chicago, resumed his argument for the de- fence, and in opening defined conspiracy as differ- ing from ordinary charges of crime in that it does not mean a crime committed, but merely an agree- ment to do an unlawful act. Our law in this coun- try is based upon the statute of 33 Edward, A. D. 1307, which sets forth that the essence of the crime is an illegal agreement, and that those who conspire may be punished, although they fail to com- mit the contemplated illegal act. Regarding the 1875 report, the speaker claimed that it was made up ac- cording to the usual praotice—from the books, The correction of the premium note account at the in- stance of Furber was commented on as a reduction of the assets wholly at variance with the course that would have been pursued by men who were plotting to defraud. Considering the 1876 repott, the speaker elaimed that it was unfair to make a general reduction of all the real estate assets simply becanse it was in evidence that a few of tho piccos were not worth what was claimed. Whether the others were worth what they were put in ator ten times that amount wax not shown, ‘Taking up various disputed assets he claimed that the $219,000 mortgage on Valle Railroad property assed ut its value in several traneactions and to the snefit of the company; the Higganum mortgage was on property worth the amount loaned, and the West Virginia property cannot be held to be worth only its value as woodiand, as given by the “grayback resi- denier” witnesses produced by ‘the State, who knew nothing of enterprise or developing the lands of their own State. ‘THOSE SUAPICIOUS CONTRACTS. ‘The several contracts were next considered, and Indge Swett claimed that the allegation had not been proved; that they were made between the accused as individnais and themselves as officers of the Charter Oak. The Futber contract was made before Mr. Farber became an oflicer, The White and Wiggin contracts were made with the Bowrd of Directors of the old management, and it is in evidence that nothing was paid on the White and Wiggin contracts, because Mr. Purber forbade it until the company was solvent. ‘These contracts, 1t should be understood, were in the nature of rewards for securing aid for the company in ite hour of trouble, when it threatened to go to pieces. What was the result of the Furber management? Adeclaration is in evidence that by ordinary re- cuperation aud shrewd management of the insurance business alone there was, in the twenty montha, an myprovement of $860,000, and # million was made by Purber for the company in the New York real estate transaction, for he paased off in the trade the worth- loss Valley road second mortgage bonds and secured paying property in their stead. President Bartholo- inew, of the Charter Onk, testifies that it was a good trade, und the company would not change back again ‘ould. In conclusion the speaker urged that the uid not permit themselves to be prejudiced aecused were non-residents, but should nd fearlos+ly and give that verdict which Judge Swett re- becuse t act fairly the evidence justifies--Not guilty. ceived many congratulations upon the close of his remarks, ARGUMENT BY STATE ATTORNEY HAMERSLY. State Attorney Hamersly occupied tue aiternoon session, and opened by reviewing the difticuities in roving conspiracy and the great advantages eu- joyed by the defence under the Connecticut laws of eviaence, In defining conspirae: ‘ited numerous authorities bearing upon conspivacios alike against individuals or corporations, ‘The point, he said, for tue jury to decide was whether there bad been a con. spirtey in the present case—that ix, a common and mutual understanding to get control of the Charter Osk for the purpose of putting money into their pockets, In the summer of 1875 the company was bankrupt, and when Furber talked about coming into tt he re- fused to do'so with a continuance of the manage- ment that bankrupted the institution. The speaser detailed the singular manipulation of tue stock of the compony in December, 1875, with the object of getting the control of the company into Furber's hends, and the apparent proof that all of the stock was paid for out of the company’s funds. ‘The Furber, Wiggin and White contracts were de- nounced as clear irauds against the policy holders anc designed to transfer g large portion of the trust funds into the pockets of the conspirators. Whether they did really swindle the company is not so much to be considered as the intent to detraud. A great number of authorities were cited in support of the claim that these contracts were illegal as between directors or members of the company and the eom- pony itself. On the proof that while hold- ing positions of fiduciary trust they. had made contracts with the company for their own benefit the Staie might safely rest its case and depend upon the jury to rvnder a verdict declaring the guilt of the conspirators. As to the asset of $900,000 con- tributed by Mr. Furber, the speuker claimed that Furber was fully protected without the fraudulent stipulations for exira payinent, and was proceeding to describe the means when the Court ordered au ad- jourament until ten o'clock to-morrow. AFFRAY BETWEEN BROTHERS, Cries of “Murder!” attracted the attention of Ser- geant Metcalf and Roundsman Owens, of the Tenth precinet, Brooklyn, shortly before one o'clock yes- terday morning, while they were standing at the corner of Underhill avenue and Bergen strect. The officers hastened to ascertain the cause of the alarm and found two nen engaged in fighting at No. 74 Underhill avenue, where the purtics, whose names are John and Edward Wynne, reside. They took the Wynnes, who are brothers, to the station house, whete it was found that John Nad three severe sealp wounds and that his skull was tractured, ‘The injured man was removed to the Long Island College tospital, Ked- bin 4 Wynne was committed by Judge bloom to ewi "le THE SNOWSTORM YESTERDAY. SNOW AND COLD IN WESTERN NEW YORK— RAILROADS BLOCKADED. (BY TELEGRAPH TO THE HFRALD.] Burvato, Jan, 2, 1879, At about one o'clock this morning snow began to fall in this vicinity, and at half-past five o'clock the wind commenced blowing, and has continued un- abated throughout the day, reaching the highest rate of speed at five o'clock this afternoon, when it was blowing at the rate of twenty-five miles an hour, The barometer depression hes been some- thing unprecedented, falling trom 29.29 to 28,88 from noon yesterday till this morning. The thermometer fell during seven hours 18 degrees and at nine o'clock to-night standsat zero, The indications are that it will fall stall lower. . RADLROAD TRAVEL STOPPED. The snow has filled up ail the cuts that were tun- nelled through the huge snow dritts a weck ago, and in consequence the travel by rail on every road centring in this city is embar- rassed. On the Bu » New York aud Phila- delphia road a passenger train is snowed in at Elma, and the passengers, some seventy in num- ber, have betaken themselves to the hotel and private residences, A freight train consisting of fourteen cars and five engines got stuck a mile west of Ebe- nezer, and a gang of men were sent to extricate them. ‘hey succeeded ‘so fur as to release the engines, when two of them took four cars and three tive cars, and came to the city. The five engines we then coupled and sent back tor the remainder of ¢ train when they became stalled, and at nightfall were stillin the snow and likely to remain there during the night. CUTS FILLED UP. On the Rochester and State Line road the cuts are filling up rapidly, aud one train is staded at Big Cut, a short distance from E: station, and on account of the rapid drifting the officials have been unable to release it, and all trains have been abandoned, TRAINS ABANDONED, ‘The train on the Buffalo and Southwestern road, which left this city at halt-past three this afternoon, was detained until six o'clock by an engine in thu yard being off the track. At that hour the superin- tondent decided it best to abandon all passenger trains. A treight train is stalled between Conowango and Cherry Creek, and all efforts to extricate it have proved unavailing. ‘she thermometer at Emporium stands ten degrees below zro. STOPPAGE ON LAKE SHORE LINES. ‘The Lake Shore Railroad Company is experiencing serious difficulties along the entire road between this and Cleveland, and no trains have been started out of the latter place since noon to-day. ‘The accommoda- tion train from Erie eastward, and the accommoda- tion from this city westward, were abandoned during the afternoon. and in the evening all trains were stopped. The New York Centrai, Erie and Canada roads: are getting trains through, butif the storm continues during the night, which is more than probable, a state of siege will again exist. At night- tall the wind increased in: yelocity and at this hour (midnight) the wind" is blow- ing a gale and the snow is drifting rapidly. Euch hour adds to the intensity of the cold, and it Old Probabilities is correct in his predictions we shall have extreme cold—say ten degrees below zero, by morning—and a continuance of the cold for several days. Snould this prove true the blockade will be complete, for no men can stand working in such intense coid weather. RAILROADS IMPEDED BY THE SNOW. Oswxao, N. ¥., Jan. 2, 1879, The storm which commenced to-day has increased in violence, and all railroads leading to this city are again blockaded, No attempt to start trains is being made to-night. THE STORM IN NORTHERN NEW YORK. Warentown, N. Y., Jan. 2, 1879. Another heavy snow storm with a light wind has prevailed all day along nearly the entire length of the Watertown and Ogdensburg Railroad. There are eighteen inches of snow on the ground and the rail- road cuts are full, All trains on this railroad have been abandoned. The trains on the Utica and Black River road are still running. ICE IN THE HUDSON. PouGukEEpstx, N. Y., Jan. 2, 1879, + There is a terrific gale of wind from the west along the Hudson River to-night, but as yet no damage is reported. ‘The ico in the river is firm as far south as West Point, and the ferry at the latter point finds difficulty in crossing. : ALL TRAINS STOPRED, {BY TELEGRAPH To THE HERALD.] Ent®, Pa., Jan. 2, 1879. A heavy snow and wind storm is now raging here. Trains on the Erie and Pittsburg and Philadelphia and Erie roads are snowedin. On the Luke Shore and Michigan Southern there is # blockade east of Dunkirk. Freight trains have all been abandoned, The mercury stands at zero. One farmer living near here had ten head of cattle frozen. THE THERMOMETER AT ZERO, Porrsvitte, Pa,, Jan. 2, 1879. Asnow storm has prevailed here during the day, followed this evening by a cold wave, the thermom- eter suddenly dropping to zero. SNOW STORM IN CANADA. Toronto, Jan. 2, 1879. ‘A severe snow storm, with high wind from the west, is now raging throughout the western portion of Ontario, The thermometer averages five degrees above zero. The trains are so far about on time. A GALE ON THE SOUND. , Pnovipence, R. L., Jan. 2, 1879. The gate is so severe at Newport that the boat for New York will not go out till it moderates, STEAMZERS DELAYED. (BY TELEGR«PH TO THE HERALD.) Nonvorx, Va., Jan. 2, 1879. Chesapeake Bay is fullof ice and all the steamers are delayed. The Baltimoré mail steamer Carolina, due this morning, arrived late to-night, having been struggling all duy in the ice, OHIO RIVER NAVIGATION CLOSED. Loursvitie, Ky., Jan, 2, 1879, There has been a remarkable change iu the weather here in the last twenty-four hours, the mercury fall- ing 31 degrees. Navigation is entirely suspended, THE STORM iN NORTHERN OHIO. . CLEVELAND, Jan, 2, 1879. ‘The weather was very cold at six o'clock, the ther mometer being seven degrees below zero. ‘Lhere was adriving snow storm in the afternoon. Tho night is clear ‘and cold, Ali the railroads are clear ot snow. Passenger trains aro from one to five hours late, ‘The passenger train due here at_seven P. M. left Bui- falo tive hours late, ‘The Lake Shore road had aban- | doned all freight trains east of here. Three trains of stock were sent to Painesville to unload and wait until the yards are clear in Buffalo, INTENSE COLD AT CINCINNATI. Crxcixnatt, Ohio, Jan. 2, 1879, ‘The weather has been growing cold since last mid- night, and at eleven o'clock to-night the mercury on the hilltops marked from 9 to 12 degrees below zero, and was still falling. BELOW ZERO IN MISSOURI AND KANSAS, Sr. Lovis, Jan. 2, 1879, To-day is the coldest of the season, the mer- eury ranging from six to ten degrees be- low zero, The mereury is atill sinking. Despatches from Western Missouri, Kansas and Central and Southern Illinois note ex- tremely cold weather, the mercury everywhere in thone regions being several degrees below zero. In #ome places it fell to more than twenty degrees below sero, and two or three deaths by treezing are reported EXTREME COLD ON THE MISSISSIPPI. Sr, Louis, Mo., Jan 2, 1879, A cold wave came down from the northwest last night and lowered the temperature some 40 or more os during the night. At six o'clock this morn- Ea the mereury marked 6 degrees below zero, and although it is clear, with bright sunshine, the tem- perature continues to fail, There is no change in the river. Ferries continue to run and the harbor is kept clear of ice. FRUIT TREES INSURED BY FROST. SpninorrELD, Ill., Jan. 2, 1879, It in reported to the State Board of Agriculture that fruit trees, and ospeciall, ‘h trees, in this vieini have been greatly Sajurd by troets. . sad FROM TWENTY TO THIRTY DEGREES BELOW “ERO, Sr. Pavn, Minn., Jan, 2, 1879, Various thermometers registered from 26 to 30 degrees below zero last night. Srnstoreat.Dy Ill, Jan, 2, 1870, At “seven o'clock this morning the thermomete below zero, istered 20 degrees va Yan«ton, D. T., Jan, 2, 1879. Tho m dropped to 26 dogroes below sero last night. Th the coldest weather experienced in this locality since 1803, A TORNADO IN CALTFORNTA, San Fraxcisco, Jan, 2, 1879, A despatch from Santa Barbara rays:—‘About nino o'clock last night, th the midst of » storm of win and rain,» tornado struck this city,from the south- east, and, occupying a narrow . through sew eral blocks, unroofing and demolishing houses and trees, William Goss was ied ating chime 4 Shit ninety feet of the steamboat was carried away." —e ASPECT OF THE CITY YESTERDAY—SUDTEN CHANGE FROM SNOW TO SLUSH—SMALL BOYS MALS HAPPY. The light snowfall of New Year's Day continued quits heavily during the night, and when New York woks yesterday morning, the pictifresque, but rather ominous, spectacle presented itself to its sleepy eyes of sidewalks, roofs and chimney tops wrapped in deep snow, while the tinkling of the sleigh bells and the rattle of boys’ sledges grected the ear with pleasant familiarity. Youthful tramps and even semi-genteel boys who were anxious to make an extra quarter of a dollar which they might spend unknown to their parents, did quite a dashing business in going from house to house and offering to sweep away the snow from the stoops and steps for asmall consideration, The snow was from half a foot to a foot deep, and it was quite @ curious sight to watch these groups of lively juveniles wielding quite dexterously broom and shovel, and wandering about in the snowstorm from house to. house, not only without the protection of umbrellas, but, in many cases, even bareheaded. If the snowstorm | was unwelcome to those who feared wet foct and other consequences of exposure, it was most de- lightful to all the youngsters, who could hardly swal- low their breakfasts before rushing out with their sledges and Gragging each other about through tho thick, hard snow with rollicking enjoyment. On the Madison avenue horse car line a number of the little sledges were drawn by the g:‘od-natured conductors who had consented to pull along the strings. SNOW MELTING INTO SLUSH. It was a touching experience to many people who are in the habit of hiring horses trom the livery stables to find that none were obtainable, for the reason that the extraordinarily heavy dratts made upon their strength on New Year's Day had laid up nearly ail of them. Hence not nearly so many people went out sleighing as might otherwise havo done, and the farriers more especially did a magnifi- cent business all “ay ‘Yhe snowtall continued until after one o'clock in the afternoon, and then the weather suddenly showed one ot those violent changes not unfamiliar to New Yorkers, The sun, which had been hidden all the morning behind dense, lewden clouds, burst forth in many places; the sky dixplayed quite trequont patches of a bright, warm bine, and there was a perceptible riso in the ther- mony . This was all that was needed to transiorm within half an hour the thick mantle of begutiful snow into that mis- erable, liquid slush which is the detestation of every lover of clean streets and the very worst lague and worry of the Strect Cleaning Department. ticularly was this the case down town, where the greater movement of vehicles and human travel had naturally prevented tho snow from accumulating as deep as in the leas frequented portions of uptown,” ‘And then poople shut up their umbrellas and mado ‘up their minds to brave, instead of the sun above, the slush below them. ‘THE TRAFFIC IN THE STREETS. But soon again there was another change. Down flow the feathory flakes once more, and toward dusk it turned intensely cold, and the wind, which sud- denly veered to the northwest, increased its velocity from five to about twenty-five mlles per hour. The eddying frozen particles being whirled up and driven sharp into people’s faces made it quite uncomfortable to remain on the streets, and everybody hurried home as fast as possible. In the morning the down travel had been very heavy, for bun: who usually stay away from. their business uvon such a stormy day could not afford to do so right after a holiday, On Third avenue the horse cars wero better patronized than they had been any day since the opening of the cast side elevated railroad to Harlem, for the discomforts of the exposed, un- sheltered stairways to the ‘cl’ deterred many of their usual patrons from mounting them. In the atter- noon tho rush up town was so great that even be- tween three and five, when the fare was ten cents, many people were seen standing in the trains. . Up ins general rather slow time owing to ‘ wet ant heavy track, which made it very “uphill” work for the small engines a Bain high grades. On the " where; Ninth avenue * the grades inpome places are preposterou: steep, there was considerable delay, and ‘if: ame'to'a Gehd'#Op for quite a long time before sufficient steany-could'be got up to pull th ver the high grade at Thirty-first street, On e Sixth avenue “el” the travel was Very’ large, and” passengers appreciated immensely: the ‘covered 5' ays, the storm parti- ‘tions exten from the top landing along the roar of the platforms, ond the moderate, genial warmth of every cars le 2 was most grateful to every one coming in out of the bleak storm. There was comparatively little delay in the horse cars, most of which were only drawn by two horses, t! snowfall being hardly heavy.qpough to require ex- tra teams, Atter a couple of ’ snowing in the afternoon it stopped again and then the evening re- mained clear, cold, gusty and with a pleasant promise of hurd frozen slush for this morning— excellently adapted for slipping and breaking ono's legs. iy : MIDNIGHT, WEATHER REPORT. Ce eaeara <a wut 9 uo Watt: DRRARTMENT, Orrick oF THE CHIEF SIGNAL OVFICRR, socta Wasuanatos; Jan. 3-1 A. M. ee Frutigations, ties For.the Miaidla and South Atlantic Stalog, the lower lake region, Tonnesseo-and the Olio Valley and East Gulf States, rising barometer, colder westerly winds and clear weather. the ; For the West Gnit States, northerly winds, rising barometer, colder, cloudy weather. For the Upper Mississippi and Lower Missouri valleya and the upper lake region, stationary or rising barometer, stationary or lower temperature, generally clear weather, with north and west winds, For New England, rising barometer, colder north and west winds and clear weather. For the Pacific States, cooler, clear or partly cloudy weather. ‘The rivers will generally fall. Cautionary signals continue at Lewes, Grand Haven, Milwaukee, Ludington, and cautionary off- shore signals at Cape May, Atlantic City, Barnegat, Sandy Hook, New York, New Haven, New London, Newport, Wood's Hole, Boston, Section Eight, Port- land, Section Seven, Eastport, Indianola, Galveston, Port Eads, Mobile, Macon, Cape Lookout, Cape Hat- teras, Kitty Hawk, Cape Henry, Norfolk and Balti- more. . THE WEATHER YESTERDAY. ‘The following record will show the changes in the temperature for the past twenty-four hours, in com- parison with the corresponding date of last year, as indicated by the thermometer at Hudnut’s pharmacy, HenaLb Building. No; 218 Broadway :— 1878, 1879, 1878. 1879. ae atone 13 verage temperature yesterday. +. Average temperature for corresponding date last year.. sees escccece SOK A TUGBOAT FOUNDERED. ‘The tugboat David ©. Cox, which has boon em- ployed by the Street Cleaning Department to tow gur- bage scows down the bay, was sunk at two o'clock yeaterday morning in ths Morris Canal basin, Jersey City. Henry B. Allen, one of the deck hands, says | he was awakened at about two o'clock by the sound of re and sprang from bed to find bim- self kuee deep in water, He had barely time to reach the shore before the boat went down. Edward Phil- lips, another deck hand, has not been seen since Wednesday night, and it is feared that he was in his bunk when the boat sank. ‘the boat was the prop- erty of Messra. Cox & Co., and will be raised to-day, ASHORE IN MONTEGO BAY. ‘The brig Empress, Captain Mahiman, left this port for Montego Bay, Jamaica, on November 28, 1878, with a cargo of flour and breadstuffs. Sho arrived at Montego Bay on the night of December 9 and an- chored off the shore. The same night, what is called by seafaring men » “norther” swept down upon the coast. The brig Empress slipped her cablos and was driven ashore. The crew remained on tho vessel to the last and helped to save as much of the cargo as possible, The captain and crew all reached shore safe and sound, The vessel itself is 4 total loss, but is fully insured. Captain Mabiman, of the brig Empress, and the crew arrived here from Moat Bay Ere bag G on board the steamer Pomona, which is owned by ame parties as the Empress, gan The Comptrolier of Brooklyn and City Auditor, who comprise a majority of Brooklyn's Board of Audit, met in the City Auditor's office yesterday and assistants during the past yeur, Mr. Seaman wae in- Colonel EK. B, Fowler, , Teappointed, A new appoit.tment was made in the gi the Boerd, who will be the chairman of the received from Mr, B. Seaman, chief clerk of the Board, a statement of the work done by himself and formed by the Board that his services were no 1o1 required, and that his position would be vect, oa by Short and Marificid, Mi ; Also romoved, Messrs, Flandreau and Fischer were pereon of Alexander Rosengarten, Farther appotnt- ments wilt be deferred until the remaining member Finance Committee of the Common Council, ts ap- Pointed by the President of the new Hoerd of Alder- men SLEIGHING, Splendid Turn Out to Enjoy the First Day’s Sport FINE CONDITION OF THE ROADS. Central Park Made Merry with the Tink- ling of the Bells. Tho first of the eleighing could hardly have been improved, and certainly it seemed yesterday on the avenue, in the Park and beyond it as though no more could have been made of the first opportunity Now York has had this winter to indulge in the good old sport. Everybody was jn some kind of a sleigh and everybody else was looking on from paveme.t or Park walk or some sheltered hostelry’s piazza, ‘The sun came out bright and almost warm after the snow had ceased falling. The snow was hard and ‘packed” on the road in the most satisfactory way, The air was not too cold, and in the middle of the afternoon scarce anything was left to be desired. Slow to improve the chance? Wellf no. De- eidedly not, New York is nevor slow, of course; but if there is one thing which New York does with dazzling rapidity it is to take advantage of an oppcr- tunity to go sleighing. One sleigh, early in ho afternoon, was seen in front of a Broadway store labelled “For sale,” but it was laboriously calcu. lated by soveral enthusiastic experts that ove-y other sleigh in the city fastened to some horse and was “on the road.” The chorus of beila, that “sweetest, merriest music” in a horseman’s ©. r, filled Fifth avenue early in the day, and the dark brown stone walls that line its sides echoed back an unceasing tinkle untillate at night. There was the old-fashioned jingle of the rows of hollow spheres our fathers used, There was the older-fashioned ding of the bells of our grandfathers, looking like cowbells and hung like those that give the warning notes of the bold street car steed. And there was the moo. dious tinkle of the elaborate silver and gold Russien bells that young New York affects. All blended to. gether with merry laughter and pretty women’s screams of mock fright and genuine joy. It was a gala day on the avenue and far into the Park the bare groves rang with music. : The variety of turnouts was amazing, and it reo quired no great stretch of fancy to imagine Madison square a peep-hole and the avenue above the tule of akaleidoscope. The majority of vehicles were the favorite ‘‘cutters,” of all colors, many of them being of fantastic and graceful shape; but the two and three seated sleighs were out in numbers, as well as the ponderous, solvent loo! fam’ cohen ale and al- ways black, always polished, always ways drawn by solid carriage horses driven by Eng- lish coachmen. DASHING SLEIGHS. Whiz! they all went across the arn’ circle, ee the astonished Park policemen, who looked colder than ever in their gray uniforms, and who tried to look unconscious of the fact that six miles an hour was the limit beyond which a city ordinance made it unlawful to drive. Whiz! they went along the wind- ing, smooth roads of the Park between brown trees that even then, in the early afternoon, were tossing their snow robes to an eager wind. Whiz! they went past the old Mount St. Vincent House ina forhas scrambie for the gad cea Then & little pause goi down the hill, for safety’s sake, and out on the beyond. Here ‘‘whiz’’ becomes a feeble sound, inade- quate to express the breathless rush along the level space on St. Nicholas avenue, where anything under amilea iminute is legal, and anything better than that would be done if possibie. Here the humbiest ‘that had shambled slong through the park, con- fontedly allowing anything on rte pi . sniffed the excitement, and feel its lege in abortive attempts at speed. For, along with tee elegant cutters and sleighs of the more aristocratic drivers, were all sorts and conditions of boxes. Any- pressed into service, and fell into the ranks with true Ocracy. FORCE, were almost all in place, drove a spanking black aud gray to a handsome cnt- 5 team. horse cay, but agovd one, Mr.F, W. Savin speede; Aretit: satistaclot sorrel team. Mrs. Ben. Gregory sat behi: thing that could be fastened on runners, from a good box to the body of @ grocer’s wagon, bid Central Park dem . . 7 NOTABLES OUT IN ‘The familiar Alor the park drives, and for alittle distance up the road: & acore or more were noted. Mr. Perry Bradburst ter. Mr. Wright Sandford followed fast with his , Bellinger was more modest and one » Col. W.E. Van Wyck was out with his favorite gray mare, Mr. as drove a apair. Mr. A. J. Dean and Mr. 0. P. Shaw each drove a fine span, Mr. Griswold, of the Fifth Avenue Hotel, drove a fast bay and had a brisk tussle for the lead with Dr. Sayre. Mr. Burnbam, of the “Standard,” and Chan- dos Falton, of the “Broadway,” were both out. Mr. Vanderbilt Cross drove a horse that looked worthy of the Vanderbilt stables. Mr. Amos Littell drove his Mr. William Campbell drove a slashin; team—a black and a grey—that was seldom pi Belmont was also behind @ black and a gray in an elegant, large, black sleigh. Mr. J. H. Sitter drove abay. Mr. Philip Brown and Mr. Henr; Wilkins were both enjoying themselves behind hand- some catt.e,and Mr. Philip Williams drove by no means the poorest team to be seen. Mr. ral lack drove a handsome bay. From the club house stoop the flyers om St. Nicho- las and Eighth avenues could be piainly seen. Many as they passed were badly **balled,”’ and slipped about most annoyingly. Numbers had been sharpened, but their owners forgotten to get in the long staging which prevents ‘' 5 a pet, with a record of 2:24, out; but when the writer saw him he was carrying such masses of hard snow on his fect that he co’ hardly walk, much less trot fast. An application of suap was made, which kept the snow out of the shoes for a time. memati sewn my ao gy Mey “er very are was seen on the avenue, aitho' sleig! or @ first day was capital, both in Park maxon the avenues beyond. ‘Toward night it was intensely cold and the stron; wind blew the snew so furiously that drivers to it difficult to keep their horses in the road, the snow was so blinding. Among the first to make their appearance were Mr. William H. Vanderbilt, with chestaut gelding Leander. He was only “jogging.” William Tura- bull tollowed with his bay horse Manfred, Then Mr. Simon Lichtenstein, with his black team of mares, No Name und Lady Minchin, ‘camo up the road a good gait, followed after a while by ir. William H. with his black mare (recently purchased and very fast), His son, John H. 4 was not far behind, with the famous white mare Fanny Atwood. Mr. John Salters drove his ba; horse J Costar. Ed Kearney, Jr., drove a bi geiding. Gillett # brown. Sol Sales was behind achestnutand bay, Frank Work had Bill Thunder, single, Alley Bonner droye Music, and David Bonner gs up late with @ fast brown horse, one of his many good ones. Colonel Kipp had a bay horse, ond Mr. Clausen a nice looking gray. Gill Seaman drove s bay, and A. A. Freeman his fast team, Star and Mr. Bar- clay hud the old chestnut mare and mate, and Mr. Warren drove one of his team, John T. Heald, mate to tho famous Sadie Bell. Mr. Salisbury was out be- hind his handsome bay team, with a double sleigh, filled with roxy-cheeked ladies and children, # very aristocratic turnout. Messrs. Watson and Thomas Patten drove their bays. Mr. Vigelius was out with hia chestnut mare, and Mr. Briggs drove So Mr. Bernstein set behind his Messenger Duroc mare. Vanderbilt Allen drove his well known Isaac Copp drove a team of bays. Mr. Reed drove y and chestnut, and Mr. Breslin a — horse. w Parker appeared behind his brown si lion Index and mate, and Hurry Hamilton drove a bay team. Fred Vanderbilt drove the brown horse Dickens. Mr. Wright Gillies his bays. Mr. Cordova was pee erne tunten: Cag erent emp a ray. Mr. Higgins’ famous team road, tut their ownor was absent. Mr. Jolin Dutcher drovea bay team, without bells, which excited the ire of & mounted policeman, who chased him, with what suc- cose is not known, Mr. Munting drove his well known trusty gray. Mr. Auten was behind his Harnbletonian colt Bright, ® very fast one. Mr. y , Walker Poorer James Galway drove his chostnut gelding Prince of Wales. Old Lewis was out, wher, Bon Weeks, Dr, Bou ariven Seal "aberdi bt ot fastest horses only got a ‘jog’ for oxereise, to them for fine and fast work to-day; and, if sloighing continues, never in the memory of Saeeeeh reine rte cee will there be nowt ty Miasbeck liad afew bruahes with Frank rk 7 thors, but what was don: was only and o a a4 onl xn milk to the eréam which will collow it abe Oe SS cid hoe had no horses shod for snow al work, and many others of our fancy drivers were in the same predicament, which # fow days will remedy, nnd then the trotters will extend thomselves to some purpose, Sma Burva ban sivoud Coming home was not #0 plensant westerly wind that rose as the sun declined was a keen blast in the early evening. The air even then was not bit- cold, but the rough gale blew im the trees and the long level meadows of the acloud of drifting atoms of suow that seemed to go the thickest ulster. It was an ugly, vicious ia ust know when It had blow il not know when lown ehongh; au ill-mean- | nered wind, that blew bin! and f wraps ond even skirte almost o at night it grew worse, so ti out - But, with oni; | the iiswt day's alotghing was ¥ such ‘8 gteat BUCCEEs,