The New Orleans daily Democrat. [volume], April 11, 1878, Page 8, Image 8

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EXPELLED.
QAmoRwi STATR CEARmUnmHR SION OF
S TOE CITar ._OO*L eoAmD.
, They Think Tourne should Have Weeded
PleldIs' Advice * mWa sea Laertes,
S "Neither a borrower nor a lender be."
Last evening, after a Star Chamber session,
hlsting about two hours or so, the City School
?J ,Board met in opon eevMion with vacant lob
bles-and resolved to expell
P. M. TOUIRNE,
one of the members of their political blody.
1 If we have to apologize to our readers for
our inability to relate in detail all the cir
oumstances attending the expulsion of one
of the directors of their public schools, we
Shaveat least the satisfaction of publishing for
their information the true inwardness of the
. ase together with a few inforences which
Smay prove the mlcessity of lees sccrecy in the
Sprlooedlnges of our Board of Public School
Directors. At a previous
8TAR CHAMII.mR MWRTINT
iof the board, it seems that a charge was en
tered against P. M. Tourne, one of the oolored
members appointed on behalf of the State,
a lleging that the said Tourne had on one or
, more occasions borrowed money from some of
the school teachers. Some of the loans, It
as alleged had been redeemed whilst others
bad not. The result was that a committee
..as appointed, consisting of Messrs. Mitchell,
jMaatrtinet and Ferguson, ti investigate the
matter and report to the board. When the
i unmmittee announced its readiness to report.
& heret meeting of the MBohool Board was
Slled, to take place on Wednesday, April 10.
' The meeting aooordingly occurred last ewvn
ast stated e above, and with the result men
After several attempts to obtain the exact
seaue of the expelton---after Interviewing
two or three directosa, each of whom voluu
teered the statement that Tourno had been
a I lied by resolution in open session, but
nether of whom lelt authorized to say what
' adtaken place in
TH1E sfuoIU 1s5W1oN,
. we had recourse to our recollections, already
Sveral days old, and the assistance of the
i' ttle bird found in nursery rhymes for his
knowleudge of all thlsEs and his willingness
.ito ever tell the truth And this Is what we
Ubcertained: That Tourne had borrowed
money from one of the feomale teachers, once
to the extent of $ 5, which he returned, and
n mO several ccasieons as little as $1 and $2
even fifty and twenty-five cents. And
portion of the investigation introduces
Slatentable story of poverty and minsery in
the family of the expelled member, and an
endeavor on the part of the lenders to palliate
indiscretion. Further on It is found that
'e ceases to borrow money himself but the
nvestgation shows that his wife visits
school teachers and obtains from them the
loan of $25 n two occasione, and perhaps, on
other occasions; smaller sums.
Whereumon the committoe report the re
ault of their investigation to the School Board
In secret session assenmbled, and the question
of the expulsion of Tourne is discussel, and
an opportunity given him
To RESION.
which he refuses to do. An open. session oc
ours subsequently, and a resolution is intro
duoed declaring the expul lon of Tourne as a
, member of the Board of Public Schools for
"conduct unbecoming a gentleman and the
" dignity of a member of the Bchool Board,"
St words to that effect.
As far as we have been able to assertain, not
;ven the charges or t4e report of the com
Smittee were read at the open session. Hence
our inability to satisfy a just ourlosty on the
g ut of the people at large with the details of
ma wet interesting oc0urrence in the affairs of
at rublic schools.
We understand that the expulsion was
treed upon by almdet the entire board,
ere being only three dissenting votes at
miost.
. r881i11s'IP 110. 2S' EXCURSION
pi. e New Orleans to Mobile and Home
The excursion to Mobile, given by thecham
p"on engine company of the world, Missis
alppl No. 2, was one of the finest that ever
passed over the Mobile road.
All who embarked upon this trip, and there
were fully 700 human beings, were most
highly delighted with not only the time spent
In traveling, but with that portion spent in the
delightful city of Mobile.
The excursionists were composed of menm
bers of Mississippi No. 2, Crescent No. 24.
Columbia No. 5, Louisiana Hose, Pelican No.
4a Lafayette No. 1, and, in fact, nearly every
New Orleans company was represented.
Besides the delegations from the different
fire companies, there were two car loads of
ladies and hundreds of gentlemen, among
whom we noticed Administrators Cavanac,
Diamond and Brown, Dr. Finney, Capt. Ed.
tlood, Thomas Devereaux, E Baker Pegram
and many others.
This jolly crowd boarded the train last
Monday at noon, at the foot of Canal street,
and, owing to the swiftness of the iron horse,
were being received by delegations of the
Mobile fire department at 7 o'clock the same
evening at Mobile.
As soon as the companies representing the
New Orleans department arrived they fell in
line, and with fine bands of music at their
head, repaired immediately totheir respective
hotels. Mississippi No. 2, headed by the
Custom-House Band, went to the Gulf City
Hotel, while Crescent No. 24 put up at the
Battle House. The boys went to bed early 1
Monday, so as to be eq~ual to the occasion of
varading with the Mobile fire department on
e celebration of their fortieth anniversary.
When Tuesday morning dawned, however,
heavy clouds hung over the city, and the gal
lant Mobileans were of the opinion that Old
Prob. was going to serve them.a mean trick,
but the old gent was just teasing them a lit
te merely to try their dispositions, as he
kept the floodgates of heaven closed all day.
The procession is said to have been the
finest fire parade the residents of Mobile ever
witnessed.
The chief feature of the parade was Missis
sippi No. 2 of New Orleans, and to say the
least, the staunch old conmpany looked grand.
The engine, bright as a silver dollar, drawn
by four chargers, most tastefully decorated,
with forty stalwart men on the ropes, the
horse Toby Hart marching within the ropes.
This company was the quest of Mobile Hook
and Ladder Company No. 1of Mobile.
Crescent No. 24 were the guests of Neptune
No. 2. This engine was tastefully decorated
and added much to the success of the parade.
After the parade the firemen spent most of
their time at the grand entertainment given
-t "Frascatl."
At 3 o'clock yesterday the boys left Mobile
and reached New Orleans at 10:15 p. m.
The success of the excursion is chiefly due
to the committe: Mr. Maurlce Hart, Mr.Toby
Hart, Mr. John Devonshire, Mr. Taylor
nauche, Mr. Dan Rose and the foreman of
the company, Mr. Win. Berry.
These gentlemen could have had but little
-leasure themselves as their time seemed
Aihefiy occupied in administering to the many
wants of their guests and seeing that the
..les were properly cared for.
.. . . .@. -- _ _
mAC.Bl. Us IC.
Friday, the twelfth instant, being the Feast
O_ the Compassion of the Blessed Virgin
Mary, there will be a solemn service at the
Jesuit's Church at 7 o'clock in the evening.
After a sermon by Rev. D. McKinlry, S. J.,
beDeiiction of the Blessed Sacrament will be
given, during which the choir, under Prof.
Collignon, will ing,besides other selections.
a "Stabet Mater," paraphrased in French, by
L'Abbe Castaig, Cano of St. Denis, music
by Gounod asoa quauor of the "Reuieuý"
of Verdi. The choir willbe assisted by Messs.
4assard and MeteM besides many amateure.
,ne },it au'i"g `,he CI of th
il-". ' r." '
most eminent marte U at the Jesuit's,
and the two above e lecons have never been
given in the United Stiates. They are emi
nently classical and religious in charaa
ter, and their faultless rendition will, no
doubt, attract a large attendance.
A collection will be taken up to meet the
ex pens, nt the new windows for the sanctuary.
c-s
IHe TOURO°CLJMll.
Depositlaon of Ex-Asnltant Englneter Ja
T'rh depowitions of gentlemen convereant
with the facts in connection with the destruo
tion by fire of the Touro Almshouse, Was re
sumed yesterday before Notary Seymour.
Mr. Joseph *Jacobs, Esq., ex-assistant en
gineer of the fire department, deposed in sub
stance that the fire' broke out at 11 o'clock at
night on the first of Hptemhber, 1865, and when
he and the fire department reached the build
ing admission to the yard was refused by the
c~,ntinol on guard, but subsequently permis
slon was obtained.
A photographic view of the building was
presented, Mr. Jacobs identifying that portion
in which the fire originated. The presence of
powder in the building caused some excite
ment and confusion for ten or flfteen minutes,
but when that was removed the fire engines
were again set at work. Subsequently a g'ýn
oral alarm was sounded and more englnes
came to the scene, but by this time the fire
had gained such headway that the whole
building, front and rear, was enveloped in
flames, which the fire department attemptod
to subdue, but without success, and the build
iug was destnroyed.
We remained at the fire," said the depo
nont, "until daylight, and towards the last
abandonei all hopes of saving the building,
and directed our efforts to save the school
house, upon which we had been throwing
water during the night. When I left the fire
after daylight the entire interior of the build
ing with the roof and the contents of the
budding, had been destroyed. The walls, or a
considerable portion had fallen in, and what
was left was outeof line and so cracked and
charred that it became necessary to pull them
down shortly afterwprds, as they were re
ported dangerous.
"The building wtq not insured. Three or
four days after the lire I received a summons
to appear before a'military board of survey
upon this fire, the location of that board be
Ing at the office of the chief quartermaster.
I went and was told that they were not ready
to take testimony. I went again and re
ceived the same answer, and after visiting the
place three or four times was told that I
would not he wanted. I consider the rent of
Sihe building at that time to have l.en worth
to the United States government $20100 per
nnnum, and it would be worth that to( the
city for its own use, for instance, in putting
pauupers and other persons in it."
A VIRIII'IANT' DEATB.
Kyle's uicelde-Family Trouble the Camse.
This morning, at the boarding-house at the
corner of Julia and Baronne streets, a board
er, named C. A. Kyle, was found dead in his
bed. The fact was immediately mniade known
to Coroner Roche, who at once proceeded to
the place. Upon entering Kyle'sroom a sight
was s(on which was enough to makeone shud
der. Upon the bed lay Kyle, with his hands
clasped over his breast, his face pallid and
eyes staring. Directly under the left
ear was a gaping wound, fully four
inches in length, from which his
life's blood had oozed all over the
bed. Kyle must have been determined upon
finishing his career upon this earth, as In
committing this rash act he must have stood
before the looking-glass so as to regulate his
hand, and must have then dealt himself the
fatal cut, which severed the jugular vein and
shortly afterwards produced death. The
blood which spurted from thecut wassmeared
all over the window and bureau. After de
livering himself the fatal blow the unfortu
nqite man must have dropped his weapon and
then laid down to die in the position in which
he was found. In a bucket next to the bed
was found the Instrument of his death--a
razor-and upon the mantelpieco was the
strap with which he must have sharpened it be
fore using.
Under the bolster was found an envelope
directed to the Coroner, which contained the
following letter:
NEw OBLEANIS, April 8, 1878.
City Coroner:
Sir-When you are called on to hold an In
quest over my body, I beg of you not to make
a public thing of it; at least withhold my
name from the newspapers. I am a man who
has been in good circumstances and have
held good positions, as vou will find out by
papers wh ch you will find in my trunk; but
I have had family troubles, which have been
too great for me to bear with. I live in
Marion, Smvth county, Va. 1 have a wife
and one child. I wrote home to my friends
la Virginia and notilitul them of my act. My
remaiis will be sent for as soon as they re
ceive my letter. I must closet for I hardly
know what I write. You will find the key to
my trunk in my pants pocket.
Respectfully, C. A. KYLE.
From papers found in the trunk It appears
that Mr. Kyle must have been a prominent
man in his section of the country. Amongst
the papers is a commission as deputy col
lector of Internal revenue.
Coroner Roche during the day telegraphed
to Kyle's wife, informing her of the tragic
death of her husband, and notifying her that
he had taken proper care of his remains and
awaited her commands. Up to a late hour
last night Coroner Roche had received no
answer to his telegram.
EST'ERDAT'S TEMPERATUREL
The signal service telegraphic reports from
other points, dated at 3:45 p. m., give the tem
perature as follows:
Cairo 64. Cincinnati 65, Davenport 51, Du
buque 44, Galveston 75, Indianola 77 Keokuk
54, Lacrosse 45, Leavenworth 54, Louisville
65, Memphis 64, Nashville 69, New Orleans 82,
Omaha 50, Pittsburg 66, Shreveport 68 St.
Louis 64, St. Paul 45, Vicksburg 76, Yaniton
(D. T.) 46, Augusta 79, Corsicana 69, Key West
85, Mobile 76, Montgomery 81, Savannah 77.
LOCAL OBSERVATIONS.
(Corrected daily by L. Frigerio. No. to Chartres I
street.)
Wednesday, April 10. 8 a. im. 2 p. m. 6 p. m.
Thermometer ....... 71 82 80
Barometer........... 29.80 29.80 29.80
Weather clear.
Prevailing winds-South and south-south
west.
At Davenport the wind velocity was thirty
eight miles per hour; pressure, square feet,
7.22; a high wind, according to Beaufort's
scale.
AN IMPROVEJENT.
Now that the city has put Johnson street
in tip top order and condition by having the
street nicely graded and ballasted from Es
planade to Lapeyrouse, the residents of that
section ought to show their appreciatlon of
this work by having their sidewalas repaired
and planked, and by fixing up the gutters
with wooden curbing.
Some time ago Johnson street, in that part
of town, was a perfect quagmire after a day's
rain but now it can compare with any shell
road in the city.
Another improvement to be noted is that
every morning a garbage cart makes Its
rounds on that street, where formerly no cart
of that sort had been seen.
Convenient alike to the business centre and
the best resident portion of Philadelphia. and
conducted as a model first cla s hotel. the C'l
onnade has achieved a deserved and enduring
popularity.
See the opposition ticket, formed of strong.
substantial capitalists, presented in anothe,
column, for thb annual election of directors of
the Grescent City Rdilroad Company.
In another column will he found the adver
tisement of Mesesrs. H. & N. Samory, auction
eers, Nos. 45 and 47 Decal ur street. T i-day at
te-ir wsrerooms they will sell at auetion a
larse assortment of boots shoes and brogans.
Al 0to mate aoood bargafla bould at*
MUNICIPAL MATTERS.
THE WATSBWOIKS.
Capt. U. W. Scott Appointed Superlnten-a
ent of the Works.
Yesterday morning Administrator Edwards
formally transferred the Waterworks and all
its appliances to the new company, to whom
hereafter all water rates will have to be paid.
In this connection we may say that President
Toby takes a very favorable view of the
suggestion made on one or two occasions
in the columns of the DEMO'RAT, to try
the experiment of renting hydrants to
consumers for six and even threeo months
Instead of twelve monthe, and that he
believes that a great many more than live
thousand hydrants (the number now used)
out of the eleven or twelve thousand that are
established will be rented by the public. It is
not improbable tbsides that, in order to meet
the necessities of the situation, the rental of
these hydrants will be put at a lower figure
than they have ever been before. The com
pany las already begun to consider the
urgency of erecting a small pumping engine
at the head of Esplanade street in order to
afford a greater pressure in the supply pipes,
the want of a suileient pressure having for a
long time been felt in the lower districts of
the city.
Thie friends of
('AI'T. s. W. st'o'rr
will be pleased to hear that he has bht'n ap
polinted superlntendent of the company, a
piosition that he held only yesterday under
Administrator Edwards, and in which ho
proved to be a most valuable officer. ''lhel
company's gain Is the city's loss.
IRON SHUTTURU.
A comimittee from the Board of Under
writers visited the Mayor yesterday to
request him to aid them on the passage of
an ordinance requiring occupants of stores
having Iron shutters to leave, on each floor, at
least one of these windows open-at" nlght,.in
order that, should a lire break out in the build
ing, the ireomen may have access to the in
terior.
The Mayor thought that the proposition
involved a legal question, and suggested
that it should be roefr edto to the City Attor
ney who might be ena ,.cd to give his opinion
in the matter before t , ounell meeting to
day. The cxmnmittte retired after some con
versation relative to the substitution of some
other plan that will disclose the existencet of
lire in such stores and facilitate the opera
tious of the lire engines in an emergency.
THE NUWANCH WHARIIIF
In the Third District is completed, and
the work of Messrs. Montagnet A& Besnard
has not only been accepted, but It is declared
b y the Surve3 or to be the best pices of work
of the kind that has been constructed in this
city for many years. The wharf measures
nineteen squares of ten square feet each, and
cost $500. a sum for which knowing ones had
{ asserted that it could not possibly be built.
Messrs. Montagnet & Besnard had, how
ever already shown their ability to do
good work at a reasonable price when they
constructed the People's Avenue canal flood
gate, which is also a splendid piece of work
manship~ according t to the opinion of Sur
veyor d Hemecourt and his deputies.
EXECUTIVE APPOINTMIENTS.
Gov. Nicholls on yesterday made the fol
lowing appointmente:
Fergus Gardere, amicable compounder, on
behalf of the State, to examine the accounts
between the State and the lessees of the Lou
isiana State P.nitentiary at Baton Rouge, un
der act No. 6 of the extra session of 1878.
Louis Tucot and A. Buckingham commis
sioners of deeds for the city and State of
New York.
John A. Buckner of East Carroll Geo. C.
Waddell of Madison, C. C. Cordell of Ten
sas, T. S. Shields of Concordia, Board of
Levee Commissioners for the Fourth Dis
trict.
L. J. Fremaux, Register of the Land Office,
vice James Graham, resigned.
Members of the Board of Flour Inspectors
for the city of Noew Orleans-Jerry F. Shaw,
vice Fergus Hathorn resigned, and (G. de
Castro, vice E. Furnoe resigned.
'iHE VERiILT.
Yesterday morning Coroner RJche con
cluded the investigation of the death of Sarah
Alexson Brown by poisoning. The following
is the verdict of the coroner's jury:
That the said Sarah Alexson Brown was
found dead at the above described place, and,
after viewing the body of the said Sarah
Alexson Brown, and post mortem examina
tion by Dr. J. C. Beard, city physician, on the
report of Mr. Johnson, chemist at the Char
ity Hospital, made by him on analysis of the
stomach and a portion of the liver of said
Sarah Alexson Brown. we find that death oc
curred between the hours of 3 and 5 a. m.,
Saturday, April 6, 1878, at No. 16 Robertson
street, from the effects of poisoning by arse
nic; said poison being administered through
a bag of cakes, and we are of the opinion
that said bag of cakes was prepared by Mrs.
Emily Ormsby (now in custody), and by her
sent to No. 16 Robertson street with the in
tention of destroying life.
F. O. MINoR,
JOHN F. MARKEY,
Supposes that Mrs. Ormsby did it;
H. HELMEN
CLARENCE ROUTH,
E. H. CONDON.
A DOIMESFIC ROW.
A Woman Cut In the Face-The Man Ar
rested.
Yesterday evening at No. 121 Barracks
street a colored woman, Mathilda Joseph,
was severely cut on the right side of the face
from the forehead to the chin by a negro
named Joe Williams, who fled, but was ar
rested at the corner of Esplanade and Dau
phine streets and locked up in the Third
Precinct Station, charged with cutting with
intent to commit murder.
The wounded woman was taken to Llado's
drug store, on Chartres street, where her
wounds were dressed and her immediate re
moval to the hospital advised-where she was
conveyed. Her wounds were there pro
nounced to be severe, but might become dan
gerous.
rAt the hospital Mathilda stated that Wil
liams, with whom she had lived for a long
time, became enraged at her inconstancy;
that he called at the house in the morning,
when they had a row, and he struck her over
the head with a brick and left; that he re
turned in the evening, and, after a few words,
cut her as above stated.
Williams when interviewed by a representa
tive of the DEMOCRAT, at the station, stated
that he had been drunk, and that he had a
faint idea of what had occurred. In the
morning they had a few words, but denied
striking her with a brick; that when he re
turned in the evening, she opened the fight
by striking him over the head with an iron,
atthe same time exhibiting the gash on his
head; that he then struck her. He denied
cutting her with a knife, and that if she is
cut, that it must have been done with his
finger nail. He further stated that his name
was not Williams, but John Lewis.
BREVITIES.
The New Orleans and Carrollton Railroad
Company have declared a dividend of 2' per
cent, payable on and after Saturday, the
twentieth instant.
The receipts at the United States sub4reas
ury yesterday were as follows: Revenue and
miscellaneous, $26,505 05; customs-coin,
$6,130 12; currency, $342 99,
One of the United States paymasters will,
it is said, go over to Lake Charles to-day or
to-morrow on the Dix to pay off about twenty
United States soldiers stationed there. It i
rumored atso that 8pecial Agat Adams, of
the Interior Department, will be a paa
senger on the Dix.
A commission of three experts from the
Treasury Department, at Washington, ar
rived in the city yesterday to examine and
count the conlo and currency in the United
States sub-treasury at this point, and to ex
anlmne the accounts of the sub-treasurer, this
being the customary yearly visit provided
for by law.
Mr. W. It. Hale, speelal agent of the treas
ury, who was In charge of the lustoms offlces
here during tlhe acting Collector's Imlprison
ment, was on yesterday rclieved from duty
here by an order from the He..retarly of the
Tronaslry, and was ordered to rep it at, (lal
voston, where he goes ll a day or two to ex
amine customs mIlIatters.
The companies now composing Fenner's
BaltllohI areh : The Vaudry Rifles, Louisiana
(Grays, Cretcent Rifles, League (uards and
Nicholls Rifles. -the last named. Capt. F:lod's
comnpanly, having been voted for and unanl
mously adlrnilttd a day or two since. Unler
the new law, the btutallorn cannot exceed in
number six companies; consequently it takes,
in this case. but one to 1111.
Mr. J. A. Wood having resigned as manifest
clerk of the Naval (fflce, Mr. John Webir
was appointed to till the vacancy, and the ap
pountment has been confirmed by the Secre
tary of the Trensury. In the case of the
nomination of Win. G. Brown, vice Mr. Laba
tut, to be removed, the Secretary of the
Treasury returns the nomination with an in
quiry as to the cause assigned for the re
umoval of Mr. Labatut.
AMUNEMENTS.
All lM.
Almee and her splendid opera-lbouffe eom
hinatlon begin on Monday next an engage
ment of three nights and two matinees at the
Varieties Theatre.
A(!Ac)A MY OF MUSIC.
The Colville Folly Company to-light again.
On Monday next Spalding's Olynh1li Theatro
Comnpany in "Uncle Toni s ( abin.'
SI- - -~e---
t CITY ECHOEB.
A negro entered Mrs. Totowell's oyster sa
loon on Patterson street, Algiers, and made
away with a dozen eggs.
James Welsh, a laborer, was caught in the
act of walking off with a piece of lumber
from the Old Basin, and was arrested.
An attempt was made Tuesday night to
burglarize J. Kenz's shoe store, No. 16 Royal
street, which attempt was unsuccessful.
.1. J. Imbhol's grocery store, Nos. 289 and
9291 Rampart street, was broken into last
night by some burglars, who stole a quantity
of goods valued at $15.
Joe Pxul (coloremd, a plasterer, was arrested
yesterday -evening on MagnzineI street for the
1lbarceny of two bunchs of iles from the hard
ware stre of B. .1. West.
Jo. .Johnson, alias Zenon I)ecou, was
I arrested yesterday for the(7 larcny( of wear
ing apparel, valued at $10, from the steam
ship Alabama, lying at the foot of St. Louis
street.
William Alexander Jackson, a negro roust
I about, attempted to take P. Bernstein's life
at the corner of Front and Crossman streets,
the result of which was that he is now in th
Jackson Square ILock-up, charged with cut
ting with intent to kill.
At about 4 o'clock yesterday morning the
vinegar factory of P. (iallat, No. 27 lBienville;
street. was discovered on lire, which was ex
tinguished by the salvage corps and the Ram
part street Babcock engine. The damage is
estimated at $11100.
Cutling Affray.
Last night at about 8 o'clock one .John
iumnlan, allas Garry Owen was stabbed in
tlhe back below the left shoulder-blade wit h a
penknife in the hands of one William Frrazier.
They were both arrested, charged with tight
ing and disturbing the peace. The additional
charge of stabbing was made against Frazier.
Quinlnan's wound, which is slight, was dressed
at the station.
cad Accident.
At about 7 o'clock yesterday evening two
boys named Charles Price and John Dupre,
belonging to the ship Octavia, while bathing
in the river at the head of Race street, were
caught in the undertow. The unfortunate
lads beco(ming aware of their perilous posi
tion shouted for help, which was responded
to by Mr. Omhole, who was passing at the
time in a skiff, and succeeded in rescuing
Dupre. Price was drowned. His body has
not benu recovered.
Salmon In the Mississippl.
[Forest and Stream.1
The Secretary of the American Fish Cultu
ral Association has received the foll ,wing
letter from W. W. McDowell, Esq., of Mem
phis, which sets at rest the question as to
whether the salino quinnut are now in the
"Father of Waters." The introduction of the
salmon in the Mississippi is mainly due, then.
to Mr. McDowell, and all fish culturists will
doubtless unite with us in congratulating this
gentleman on this important event, which is
entirely due to him. Now let a law be passed
-if such does not exist-prohibiting the catch
ing of salmon in the Mississippi or its tribu
taries for the next three years. A close sea
son until 1880 is what is wanted. As to these
salmon being ripe in February and March, as
stated by Mr. McDowell, circumstances may
have changed somewhat the habits of the fish.
We shall await the opinion of Professor Baird
in regard to this:
MEMPHIs, Tenn., March 11, 1878.
To the Secretary of American Fish Cultural
Association:
Dear Sir-Your letter of inquiry of the
twelith ultimo is received and read, and I
take pleasure in responding.
Early in December, 1875, I applied to Prof.
Spencer F. Baird to plant some young Call
fornia salmon in Wolf river, near Memphis.
Prof. J. W. Milner replied that he had a large
quantity at the United States Hatching
House in Michigan, but had no money to pay
for their distribution, and that if I would pay
the expense of sending them he would send
them at once. The fish arrived here on the
twenty-fifth of December, 1875, and I paid the
expense-$165. The fish were placed in Wolf
river about two miles from its mouth. This
river empties into the Mississippi river, in the
northern part of the city of Memphis. When
the fish were placed in the river the Missis
sippi river was higher than the mouth of
golf, and if the young fry proceeded up
stream as soon as they were placed in the
river, they went down the river to its mouth.
Last spring our fishermen reported a few
salmon here, but I did not see any. But
within the last thirty days I have seen a good
many at our fish market. They are caught
every day near the mouth of Wolf river.
They weigh from one-half pound to two
pounds.
I bought qne that weighed one and a hal'
pounds. It measured nearly eighteen inch -
in length, and was nine inches around te
body. It had spots upon its sides, whichrsi -
minded me very much of the spots upon a
rattlesnake. I never saw a California salmon,
unless these are, and therefore I cannot say
whether they are or not. I have arranged,
however, to send one to Prof. Baird, which
will settle the matter. I am inclined to the
opinion that they are the same fish placed in
Wolf river, because, if they were only pass
ing here, they would not be caught here every
day for thirty days. .
One of them which I bought was almost
ripe for spawning; and if the California sal
mon only spawn in the fall, this fact would
throw doubt upon my view of their origin.
One thing is certain: I never saw their like
before. Yours truly,
W. W. McDOWELL.
The sudden unpopularity of the phono
graph in Rome is all owing to Bubbins. He
bought the first phonograph ever owned in
this city, and it came by express Friday even
ing. He took it munder his arm and stopped
in at several places to discuss politics and
things, and when he got home and attempted
to exhibit the phonograph to his wife, that
depraved instrument remarked in severaldis
tinct tones: "Set 'em up for the boys, bar
keeper. Whoop! hooray!Yer's luck I Fill the
lowin bowl! Who's afraid of the old wo
No more phonmigraphe iLa Bome.
tsc;
TIlE COURTS.
UNITEI ITATRA CIRCUIT COURT.
Yesterday Judge Billings, In the case of
Frank M. Amnos, trustee, vs. the New Orleans,
Mobile and Texas Railro)ad C(,mpany et al.,
made an ordtlr on planltiff's petition cancel
Ing the contract of salae made by Ams to to the
New O)rleans and Texas Railroad Company
of the pr-operty in his pcIssssionM( , as trust.'e,
under a previous sale iiundeir aI decro of court.
In the order Ieferrerl t tthe prayer of the
plaintiIT in the petition ft r an order to resell
th.e propwerty was reserved for examlination.
By the originral deed of trust, the trustee
was requir'd, in the fourth article of tihe
dectlaration of trust, on the Male of the said
propeoty ait llutlorie()l in the satme by the
trust . under the power of sale, or under any
jutlicial pr.toeeediogs, to attend at the saIl il
person,tl' alltI to adopt such mIIeasures ias they
dec(idtltI would best tsul)selrve the iitt4'rests of
the bonlldhotlers, and for that purpose to Lild
on the property and francthises, if the same
should bhe sold together, or upon the separate
portions such a suin as shall be for the intbr
ests of the holders of the hndts, and to pur
chtrtse the samel; and the trl.lstot, in cease tof
his purchase, was to operate atndl manage the
same or any part thereof, for tihe interest of
the benefticlarles of the trust, antd itllect and
recdeivt the tolls, freights, rents, ilncomes antd
prollts, untihle could make an adivantage)us
sale of the 8same.
The power of the trutste to sell the prop
orty is thus conferred by the deed of tfrust,
tanild the trustee may exercise the power when
ever Ihe an dti 8so to the adlvautlgI' to the per
sons interirtted4 in the detied of trust. The tlong
period which has elapedl from the date of the
sale mlader untder the order of this court; the
abotrtlv e ffT orts that have heern nldule to sell
the property or to organizeo the b.rtenefcliarie's of
the trust ill aniy mealsure for tlhe commolln
heonilit; the deterltioratlion of the property for
the wnlt of t' relpairs atnd improlivements; the
danger of the loss of, franchises and privileges.
grant.dl t t the ctpany ftor the non-fulflll
nlenlt of the cotnditliions in tIhe charter or for a
rlnon-uset would seetIl to render a restil proper,
that the protperty might go into hatnrds
'onlneate'nt and willing to mntke it useful.
Where'!ifore the court ordrs anti decrets
that t.he, trustee hie t.rnpowerld andt author
i7i 1 to sell the railroads, franchises, privi
leges, rights, estates, intterests, mrlovable and
immovable protperty, and all the accesso
rles anlil alppntrt'ILnan(.cs of the New Orleans,
Mo)tile antid Texas Railrhoad plrolp.erty that are
incldetd in the l.ttil if purceh:es made to him
unlidr the ,ordlers oif this court, at public aue
t,iol in this i ity, ill front of tihei (C:rIntlltllhouinse,
under dir tion of the master of Ithis efourt, in
bulk or in separate parcels, as before, as tie
itmay dee'Il prol(per for the interest of the tbonuld
iholders, for tcash, on suine day to be desig
nated in the al v it setitent ts sale.
It is ordlertul thalt the sale shall be made
only after advertlisemient for 30 days ill a
paper publisltul in the city of New Orleans,
and in a paper publlIshtil in New York.
'The trustee shall also give Unotice to as
many of the blondlholders by sending noticts
tot tlhm through the malls, its may Itbe conve
nient.
Tl'he trustee will ,tonduct thei sale in person
and shall 'llnke It diredl to the purcthaser or
puralltsers, cournvyiing all of his title and
estates up)li the fulfillment of the conditions
iof sale.
'lh, ((Htst, e.xpenses and claims on the prop
erty having priot ity under the deed of trust
must be paid in cash tbefore tunfirmatlon, and
for any remlrnillder pu'hRchaser Itmay pay in the
Ibonds ilescribed in the ldeed of trust, reserv
ing. Ihowever, a suffictent sum for all other
holtders of bonds, so that easct bondholder
sthll have the pro rata share of the purchase
DTIne.
The master will superintend the proceed
ings, and the master and trustee will make
their report to the court.
A petition was flied yesterday by George 8.
Laey, United States District Attorney, on
behalf of the United States against the New
Orleans, Jackson and Great Northern Rail
road Company for the recovery of $32,289 for
internal revenue taxes and penalties.
In the case of Mvra Clark Gaines vs. P. H.
Mousseaux et als., yesterday, Judge Billings
gave an order for plaintiff to take possession
of the property awarded her by judgment,
and those in poss~esion and occupying the
same to pay her yearly rents.
United States vs. New Orleans and Carroll
ton Railroad Company.-A petition was filed
by District Attorney Lacey for internal rev
enuel taxes withheld, and claimed $275 91,
with penalties, etc.
BUPREJ~ COURT.
A rehearing was granted upon the motion
to dismniss in the case of Mrs. Ellen G. Pat
rick, appellant, vs. L. L. Butler executor
etc., No. 7019, the former decree of dismissal
rescinded, and the case directed to be rein
stated on the docekt to await further action.
In the case of LeSassier & Binder vs. the
Board of Liquidation, No. 7069, wherein the
question of the liability of the State on the
bonds issued in favor of the Consolidated As
sociation of the Planters of Louisiana was
decided in favor of the plaintiffs, holders of
such bonds, the following decision has been
rendered by Chief Justice Manning on the'
application made for a rehearing:
A member of the bar applies as amicus
eerir for a rehearing of the cause. The ap
plication for a rehearing was tiled within six
days, but was not called to our attention, nor.
any order either asked or made in relation to
it, within that time. Although it is compe
tent for the court to grant a rehearing, either
on the suggestion of an amicus curier or ex pro
prio motlu. we are of the opinion that
the mere filing of an application for rehear
ing by an arnicm s curu has not the i'f
feet of suspending the judgment, as is the'
ease when such application is made by one of
the parties to the suit. The judgment has
become final and is the property of the par
ties, and therefore the application for a re
hearing can neither be considered nor allowed.
SECOND DISTRICT COURT.
SUCCESSIONS OPENED.
Mathilda Payton Hunt, and John Hansn.
EMANCIPATED.
John A. Lambert.
FOURTH DISTRICT COURT.
German Banking Company, of Cincinnati,
Ohio, vs. Geo. Merz, Jr.-Suit on a note of
$398 65.
FIFTH DISTRICT COURT.
D. J. Selchow & Co. vs. Robt. J. Harp et
als. -Suit on three notes aggregating $360 6i.
SIXTH DISTRICT COURT.
Francois Lamarque vs. city of New Orleans
and Chief of Police.--Petitioner owns a pri
vate market at No. 282 Decatur street, and
prays for an injunction to restrain the city
authorities from interfering 1with his busi
ness.
SECOND RECORDER'S COURT.
THE MARKET IARDENERS.
Victor Anseman and Louis Fallen, the two
market gardeners, were before Judge Milten-,
berger, of the Second Recorder's Court, to
answer the charge of violating section 9 of
the market ordinance. The accused were
represented by Messrs. A. L. Tucker and A.
A. Ker, and the State by Mr. Arthur Gastinel.
Several witnesses were put on the stand and
testified to the fact that the parties had come
opposite the Vegetable Market at about 11
o'clock, and had delivered vegetables which
had been ordered three days previous. Judge
Miltenberger decided that he did not think
that the ordinance had, been violated, and
therefore ordered accused to be discharged.
The Austrian Army.
In view of the possibility that Austria may
become involved in war on the Eastern ques
tion, and, as is generally assumed, agahst
Russia, her means of carrying on a war be-,
comes a matter of interest. It has just been
announced semi-officially by the Vosaiche
Zeitung that Austria in a few weeks could
mobihze 400,000 infantry, 35,000 cavalry and
2000 cannon, and Hungary 100,000 infantry
and 10,000 cavalry-in all 500,000 foot and
45,000 horse-to oppose the Russian army in
Europe, 415,000 strong, of whom 275,000
are south of the Danube. The Philadel
phi Preaw thinks this does not put the
case quite fairly, for it overlooks the frit that
on the first alarm of war, or even the dtad of
its coming, Russia also could mobllfr her
forces so as to double their number. The
Austrian finances, are In an unhoalthy cotid
tion. There has been an excess of expendl
turns over national revenue year after year
ifor I long time. lThe Austrian national debt
amounts to $1,999,617,215, of which $:35,5X)0,000
was borrowed last year. The credit of the
Austro-llungarian empire is said to be so low
in tie Europeanil ney market that she will
flnd it, dilleult to oitaiu a further loan. As
England, however, has money in abundlance,
tih finamlncial dfllieulty, in the event of a war
of the two a 'i nst Russia, may be possibly
over'omne. 'Whther the military diflloulty
will be as easy of solution retmains to be
A STARTI.IN4u TIlUaEDY.
A Woman shot Dead by Anothler on the
Stage--eckle.a Ilse of Pire Arms.
Il'rovidence ( t. I.) Special N. Y. Herald. April 5.1
A terrible tragedy occurred this evening at
the Ope(ra-House,, in Pawtucket, in this State,
during one of those sensational and reckless
exhibitions in ruarkrnanshii, originally Intro
diel(t( on the stago, hy Friank Frayne and his
wife, Miss (:lara Bliutler. In this instance the
holder of the rifle wras a woman, and she in
stantly killed another woman, who was hold
ing the apple aimned at on her head. On
Monday last a variety ompany hailing from
the Mozart Garden in the city of Brooklyn,
N. Y., cornmmenced an engagement at the
Pawtucket (pera-flhuse, their performance
Ibeing of an ordinary character, except the
feats of rille-sh.oting by Mrs. Jennie Fowler
whose stage name is Miss Jennio Franklin:
She usually began by liring at a target and
at various objects, clIsing that part of her
performance by shooting at an apple placed
on the eoal of anothler mnenber of the com
pany, known as Mile. Vlanto, who also ap
peared as a trapeze perfol I ler.
In order to intensir , the sensational charac
ter of this act, Miss F ranklin, instead of tak
ing direct aim. at the apple on Mlle. Volante's
head, faced ini an oplposit direction, and ob
tainied her range by cleans of a small mirror
platedl at the wing. Thils mirror has to be
arranged at such an angle that Its face will
bring the face of the person supporting the
apple dlirectly in the centre of the glass. The
holder of the rifle places the weapon over her
right shoulder, and then takes aim through
thme sights at the retlc(ted image before her.
The trick has been repeatedly accomplished
with success, but it requir',s great coolness
and steadliness to strike the reflected apple
with precision, and has always been deemed
a foolhardy anld dJangerouls experiment.
Thiis evening the variety entertainment
pL..sed off as usual uritil the rifle shooting
act, when the audience was horrified by see
iig the iunfortulnate trapeze performer shot
dead. Miss Franklin displayed considerable
skill in hitting her target and other objects
while liring directly at therr., and she seemed
confident and assured when the final feat was
to bh attemlpted. Mlle. Volanto stepped alert
ly to tier station, smiling at the audience as
shie did so. Placling the apple (an ordinary
sizdl one on the toip of her head, where it
rested in her luxuriant hair, she stood motion
less as a statue. Miss Franklin also took her
station near the footlights, in front of the
mirror, and deliberately aimedl over her
shoulder through the glass at her ill-fated
friend. The aulirence sat in silence, curiously
watching the performers and suspecting some
dlceitful trick when suddenly the trigger
was pulled, and at the same instant a shriek
resounded through the hall as the unfortu
nate Volante fell forward on the stage.
Everything was now In confusion, both be
fore and behind the footlights, the audience
being in a state of terror at the denouement of
what had promrised to be only a pleasant bit
of sensation. At first it was only supposed
that Mile. Volante had been wounded, but it
was not many uinutes before the news spread
that the woman had been instantly killed, the
fatal bullet having entered her forehead and
pierced the brain.
Miss Franklin was immediately placed un
der arrest by the local police and is now
Ii:ked up to await the action of the coroner.
She seemed to be half crazed with horror at
the occurrence, only realizing the recklessness
of her act when it was too late.
Mile. Volante, who so suddenly closed her
career in this shocking manner has only been
on the variety stage four or five weeks, and
no one at Pawtucket or here seems to know .
her history. The tragedy has naturally
caused great excitement in the town of Paw
tucket. This accident will, of course, put a
stop to all such exhibitions, no matter who
may attempt them.
The Court of Clahls.
S Courier-Journal.I
Judge Peck, of the Court of Claims at
Washington, has tendered his resignation,
and his successor may be Kenneth Raynor
solicitor of the treasury; Judge Hunt, of
Louisiana, or ex-Congressman Payne, of Wis
Sconsin. Hunt is betheved to have the inside
track.
The Communist, Capt. Garcin, who has just
been sentenced to death at Paris for the mur
der of the Generals of the National Guard
I Clement, Thomrnas and Lecomte -is 73. He
took an active part in the Revolution of the
Days of July, 180, as a )oung man of 25; as
I an old man of 66, he fought desperately be
hind the barricades of Paris in 1871. "In the
forty years between." he says: "I have been
'wherever there was a revolutionary cause to
fight in, here in France, or abroad." His life
has been something like that of the veteran
Blanqul. "A child, I conspired against my
parents; a youth, against my teachers; a
young man, against my employer- a man,
against the government. Living, I have con
spired against whatever was over me; dead, I
shall conspire against God."
The Earl of Leitrim, who was shot the other
day, was as great a land owner as the late
SMr. Tullis. He owned 56,184 acres in Done
gal, 18,203 in Galway, 53 in Kildare (property
on which he was murdered), and 21,179 in Lel
trim, making in all 95,619 acres Of the two
Irish dukes, Fitz-Gerald, Duke of Leinster,
owns 70,462 acres in Iildare and 1119 in
Meath; and Hamilton, Duke of Abercorn,
51,860 in Donegal and 15,919 in Tyrone.
RAILROAD PfRIlONAIS.
The following were among the departures by
the Mobile fa-t line last evening: Jas. Pryer,
Cincinnati: J. M. Hand and wife, St. Louis; M.
Larue, New York; F. Dalmeco. Philadelphia;
Mrs. J. H. Lee. Ashvl!le. N. C.: L Guiliamo. St.
Louis; Miss Annie Sinclair. Baltimore; T. W.
Lawler, St. Loiis; M rs B. R. Chambers. Gaines
ville, Fla.; Thos. Tobin, Nashville; Geo. H.
Rea and wife. Mrs. D,wrll. St. Louis: Lewis M.
Bean, wife and child, Philadelphia; W. H.
Meadow, Nashville; J. It. Fell. J. D. Henrjquez.
St. Louis; Thos. Doz er. Z. R. Jackson W. W.
Bennett, Chas. Stewart and A, R. Jackson.
Nashville.
HOTEL ARMIVAL-S.
CASSIDY'S HOTEL-P J Kennedy. Louisi
ana; W H MIuzner. Indiana: 1t Hamilton. Lou
Ibiana; B F Georte, Marion, La; H Herman
New York; C H Gallup. Mobile; C WeilL R
Landman. Asc- nlion; H G Norton and wife
Sin Diego; G B Mry. Black river. Lt; O 8
Dale and wife A B Di,.kson. Louisiana; F
Becker. Brookhaven. Miss; A J Brim P M
Cullen, Louisiana; Blouut Hudson. J a Fre
richs. city: A A Morson. Dear Creek. Miss;
F G Hudst n. Rayville. La; W T Shughnee.
Bay St Louis: Amos E Parker. Boston ; Cha L
Allen. Texas; Andrew W Thompson, Missis
sipi.CHARLES HOTEL-O B Skinner M F
Ellis. Cleveland: W P Kr*tsehman and wife.
(Greenville, Miss: G Holtwhoff. Cincinnati: Wm
B Morgan. D S Ward. Fred Wel)er, Washing
ton ; J M Bowling. S B Sellaman. J eyer. New
York; J P Van B rgrn Conn; Will Cleg and
wife. A Cornay. Geo W Jones La; W L Hall N
Y; FA Keep, Chicago: R Mitehell. N Y; J J
Whit" Lexington Va: Obas A Lee. city.
CITY HOTEL-3 Jestsop. York; C H Castens.
T PB Riggs, Columbus; T F Crawford. river;
Mrs Peterson and child, Wisv nsin; H Da
Ponte and wife. Galveston: Rev W D Christian
and wife. Houma; H C Minor. Terrebonne: P
Damare. wife and child. St James; George
Murray. Toron'o: Mrs W H Widlams. St Louis.
ST JAMES HOTEiL-E H Nall. city: W J L
Holland. Holly tprinas; W R Parker. WA Gill.
Greensburg. La; W L Jones. G W Lee, Rayville
La: James M Lowe and son. Tonlme. Miss; J
W Tellar. C M noyd. Arkansas; T Ford Mis
sissippi : J ( Hnd"nn, Rayvile. l a: Sam V Nor
wood. New York: Wm W Bussell. Macon, Ga;
SP Burnside. Louisville. Ky: J J Whetstone
Boston; B Lawrence, A W Powell. Chattsnooga
Se the opposition ticket. f 'rmed of strong.
substantial capitalists. presented in another
column, for the annual election of directors of
the Cresoent City Railroad Goimpasw,