The New York herald. [volume], August 06, 1853, MORNING EDITION, Image 2

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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SPIRITUAL MANIFESTATIONS.
Vtij Cutow ui L<* it t frewa
to l'Hi rrBi.ie.
Ob my reeeet return tram aa excursion into tkt
?nil j . I fo.ind thai during aj absence a d* euiea
totoly pnmoeueed by dm hu b?sn seised apoa as'an
mouuoii for an aUack , hi Mnnt quartern, on w?j re
Igious belief. I was fuUy avaitLtt that judgment,
juuuiag eeunter as it would to popular teuflsaent,
would subject my Mfttoa to severe criticism; bat I
confess I aid not anticipate that theace would (low
aa amaalt a poo my religions opinions. Were i a
private eitiaen 1 should content myself with sserely
oHimtog th? right which belongs to ererr oae ia
Ihia ooeatry, of entertaiaiag aaah Quth an this? the
Meat important of *11 topiea? as ay oeaectoace might
dletoto And aa it ia, I might perhaps raat satisfied
with ihalkifing those who assail m? to point oat a
article is my creed that anas at aaght alaa
&an axaltad private worth and pnbiic virtue. Bat
?a fee petition whieh I oeeupy reader* the seaad
M aa wed aa the integrity of my judgaeat a mat
tor off public isterest, I am boaad te acknowledge
Ike right of others to question my (kith, and my owa
?bttgatios to defead it.
I acknowledge a still farther ebttgatiea. And in
MMeh aa 1 accepted my present peaitiea under the
jmpMsd understanding, at laaat, that I believed in
Aa Christina religion, and* woald administer oar
(foil law accord lag to the principle* of the Divine
law aa It had been revealed to aa, on whieh all ear
toaHhilliiss were baaeJ.'aa 1 am bound to certify to
thut who have intrusted me with the divine attri
h?to of administerioff justice ameag mea, that my
^ aavereace for that revelation haa net been shaken,
nor my obedience te that moral law impaired.
I have net, however, waited for these aaaantts to
be impressed with theee obligation*, but have already
?o far felt them that I have prepared to pabliah a
?olnme on the aabfect, whieh, hat for my ether vo
aaboas, woald ere thia have beea in tbe printar'a
hands. Te that I maul refer for mneh in elucidation
and proof of my belief, wliieh the 11 mite of thin com
munication will not allew me to dweil npos, aadcou
tont myself on thin occasion with su?b general state
ments as may toad to gfve a oorraet idea of what it
m that I believe or have done. Rven thia would not
have beea necessary . if thoae who aiaail me had bat
done ma the justice themseivea te hava publahed any
thing 1 bava aaid or written on the aul^ject. But
hitherto 1 have beea able to reaah the pablie only
feseugh publications of very limited cirenlation, and
the wildcat uud iao?t erroneous notions have there
fore been imbibed as to; my belief, and the misclvef
has been im*reased by the recklwuneas with which
?Keneous statements have been fabricated by those
who could act know them to be true, but who could
aaaily have ascertained them to be false.
Thns oue writer* with a want of feeling, not per
haps mu prising, speaks af my consulting my dead
Wife ia making up my decision*. Another says that
It is ' rumored ' that I have coasulted spirit mani
festations in regard to my decisions. Another, that
my belief is "at irreoondlablo variance with all
divine revelation, and is fit for no other system than
devil worship," and still another, that "it consu
lates an abandonment of all self control, and a sur
lender o' the supremacy of reason, as informed a, id
?nUprhteD?d by the senses, to the most nonsensical
JS h ?
vsstvts niiuie - rr.
sispssffit doU ?
Si 1 am aw are that it i? not so much me, a* it
fa -tli which 1 profeas, which is tha object ot
5?V? "-the mighty theme, and not the inoon
?Ideiable advocate whlc\ offends. . I am also aware
whv it is that so much error exists in the public
jSdonthat subject, and my whole purposeis w
St m I am concerned, to correct that error; to state
?ifilv as far as I can iu this connection, what it ia
Sff/'l do belies. ?d generally tha grounds on
which my belief i? founded, that all who take in
2J^e?olch hi the matter to read what 1 may say,
?Ty hive tie means of judging for themselves as to
what 1 really do believe, rather than what others er
?jfmffipgly impute to Die as & belief* _ J
I am sincerely grateful to my assailaat* for not
ho noting to me any unworthy or selfish motive*, for
??needing that as a private citizen 1 "stand exempt
ftom public criticism," and that 1 am "not a foo ,
and for confining themselves to ^ mere impuUtion
I am laboring under a delusion. It is, there
fere. t? that point I shall confine myself in what I
^UwiTin January. M51, that my attention wm
first called to the subject ot " Spiritual Intercourse. i
I was at the time withdrawn from genera! society, I
was laboring under great depression of spirito. I
was occupying all my leisure in reading on the sub
ject of death, and man's existence afterward. I had j
V the course of my life read and heard from the
unlnit so many contradictory and conflicting doe
? nn ?y.A qiinAAt that 1 bardly knew wbat to be
rfeva ? could not, if i would, We what ! did
not understand, and wi' anxiously aeehmgto know,
M after death we should again meet w th those
i wtl Uoj loved here, and under wbat ?ircxwi
SEZT * friend to witues* the
tfSSito S5un?/ I complied,, more to
oblige her and to while away a tedious hoor. I
thought a good deal en what ] witnessed. &na 1
teamed to investigate the matter and find out w?at
ifas. If it was a deception, or a delusion, I thinght
that 1 could detect it Fer about four months I de
voted at leapt two evenings in a week, and some*
times more, to witnessing the phenomenon in all iu j
nhasea I kept careful records of all I w.' ?e^*LVl'
from time to time compared them with each
ither to detect Inconsistencies and contradictions.
TVw all I could lay my hahds on on the subject,
and especially all the protested " exposures of he
tSSS?' 1 went from place to place, seeing [differ- ?!
ent mediums meeting With different parties of per n
aons .often with persons whom 1 had ??^SfjU^wn
and sometime? where 1 was myself ,n the li-bt
? sometimes in the^ darK^^mvers, and more ire- j
=2Sfi%w^hTellous believers. In fine. 1 availed
2TUSr of every opportunity that was aflorded. tho
!^Wvto?m the matter to the bottom. 1 was all
SSfffiie an unbeliever, and tried the patienceofte- .
_ sorelT bv my skepticism, my captiousness,
around me tome who yielded a read^faith on one or
Mitt intra onlv : others a /ram. under the same cir
avowing a determined nnbehef : and
?ome who refused to witness it at all , and yet were
""f W ? Jrv^T-verg j could not imitate either ot
S?2rtiS Md Shaed to yield unless upon most
SStaffif'tStimo?y- At length tbe evidence
Strand in such force that no sane man eould
W^,flJ!"the'q?iestion I was investigating was.
whether what I saw was produced by mere mortal
mean1- or by rome invisible, unknown agency . in
Shw words whether it was a deception an imposi- |
t??n or what it professed to4>e . the product of some
? ?firrn panse To detiiil wiiat I witnessed
would far exceed the limits of this communication,
Sr mv records of it for those four months alone fill.
SlSt^hundred and thirty closely wntton pages.
Iwtu however. mention a few things which will
?ive a Kcnerai idea ol that which characterized in' ier
?Lws. now numbering several huudred- Mo^ /if
hare occurred in the presence of others besides
5v?if 1 have preserved their name* in my records,
Eft do not give them to the world, because I do not|
dSife to subject them to tbe obloquy which seems,
firJiSK to be viiited upon all who look into
SemiXtor with any other feeling than a resolute and
5?2$TSduh7ty, Whatever the evidence. Uu
these considerations grow out of this fart.-lrt. that
i havp thus very many witnesses, whom I can invoice ,
L e Ublih t^e trith of my statement.; and, id ;
that if I ha ^e been deluded, and have not *"vl 1
heard what I think 1 have, my delo-ion has been
shared by many as shrewd, as intelligent, as honest, .
and as enlightened people as are to be found any- <
W M^teution was fir* drawn to the intercourse by :
?Vio Pennine" then the most common, but now tie j
inWderable,mf>de ofcommmdng. Of oar_^
I was on the look out for deception and at brat re
M upon my sense* and the exclusions which my
rea*,n might draw from their evidence. But I waa
at a loss to tell how the mediums could cause what
wit 'wdrc.mrtf.ce.: -TV mritomj
walking tbe length of a suite of parlors, forty or b ty
feet, ar.d the rapping* being distinctly heard live
?ix feet behind them, the wliole distance, backward
and forward several times; being heard near the top
frfa mahogany door, abovi; where the medium coul'l
. ..u h as if struck ht.rd with a list; being heard
mi the bottom of a car when travelling, on a railroad,
and on the flrorand the table, wl.en seated at lunch,
at an eating-house, by the rrtde of the road; being
beard atdiffeieat parts the room, sonietimes seve
?ml feet distant fr m the medium, and where ?lie f-onld
not reach- Momet'iracs on tiie table and. immediately
after, on the (loir, and thsn at different parte of the
table in rapid micccsaion, enabling ns to feel the ir
bvatkm as well a? bear the sounds; sometimes, when
ihe hands and feet of the medium were both Irmly
?ad carefully held by some one of the party, and
umrtimcn on a tattle wheji no one touched it.
After det?ending upon my senses , as to these vanot.?i
nhMMOl the phenomenon . I invoked the aid of science,
Lndwith the assistance of an acc;nvi?uslied electri
cian and his machinery, and eight or ten intelligent.
?dneHted. shrewd persons, examined the master. c
lmmned otir inaulries many days, and established to
SSUSloD two things: -<W that the sounds
t^Tnot prodnced by the sgency of any p?-i ?on pre
aad second, that they w*re not
hie *\\h fotir Ie?r? lifted bolilj up trora tJ*e floor, in
tha centre of a e'rele of six or cight per^^turned
amide d?wn and laid upon Its top at our ?et, tnen
iKed no overour heads, and put leaning agan
hack of the sofa on which we sat I ha.o Uvi.a
?*Wj( CVsaick, fcf K?? LccUn,
^ "r ' kg", Its top ??
an angle with the tor of tertT flT, degIW!l, when ,?
neither fell o?er of itself. aor M. [>erw)n
present pot it book on tu tov ^ j
ae*i i ? icahopmny mm ^ having only a centre
leg. and with a lump bar -(Ung upon it, lifted from the
8" of at least a foot, ^ apite of the effort* of those
pretent. and shaker 4 backward and forward as oi?a
would ?oak? a gory^t in bta hand, and the lamp re
tain Ma place. tn< ita glasa pendants rang attain.
1 have seen the (sme table tipped up with the lamp
upon It, soiar rtmt the lamp must hare (alien off an
lew retained tliera by something else than its own
trawy. it fell not. moved not. I bar# known a
dinner b?U taken from a high shelf in a clueet, rung
over the head* of lour ox live perilous in that closet,
tfcen rung around the room over the head." of twelve
or fifteen person* in the bask parlor, and then borne
through the folding doora to the farther end of the
froat pailer, and there dropped on the floor. I hare
frequently known persona polled about with n feroe
which it was impossible for them to resist, tuid onoe,
when all my own strength was added in vain to that
of the one thus affected. I have known a mahogany
chair thrown on its hide and moved swiftly back and
forth en the floor, no one touching it, through a
room where there were at least a down people sit
ting. yet no one was touched, and it was repeatedly
stopped within a few inches of ma, whan it waaeom
ing with a violence , which, if not arreatod, muot have
broken my legs.
This is not a tithe? mar ! net a hundredth part of
what 1 have witnessed of the same character, but it
is enough to show the general nature ef what waa
before me.
At the same time, I have heard from others, whose
testimony would be credited in any human transac
tion, and which I could not parmit myself to disre
gard, accounts of still mere extraordinary transac
tions, for 1 have been by no means as much favored
? ibis respect as some.
While these things were going on, there appeared
in the newspapers various explanations and " expo
sures ef the humbug," as they were termed. I read
them with care, in the expectation of being assisted
in ay researches, and I could not bat smile at onee
at the rashness and the futility of the explanations.
For instance, while certain learned professors in Buf
: falo were ecngrutulstlug themselves on having de
| teeted it In the toe and knee joints, the mani
I estafiions in this city changed to riuging a hell
I placed under the tab<e. They were like the solution
| lately (riven by a loomed professor in England, who
{ attributes the tipping of table* to a force in the bands
1 which are laid upon it, overlooking the material faet
! that tables quite as frequeutly move when there
id no har.d upon then.
What 1 hare thus mentioned hits happened in the
presenee of others as well as myself. I have not
allnded to any of the thinps which have eiccnrred to
me when I have been alone, for as tliat would depend
upon my testimony only, I have preferred not to sub
ject mv veracity to the rash and reckless contradic
tions ill those who venture to denounce as an " atro
aious impcstare" that of whi?h they are profoundly
igriSTant. sad which has been examined and la be
lieved in by thousands and tens of thousands of their
fellow-sitizens, who are to Fay the least, every whit
as honest and a? intelligent as they are. Nor am I
ver.y anxiona to imbniit my faith to the judgment of |
tho.'C who would have persecuted G?lileo nigh unto i
dentil lor discovering ourplauetary system, and have
united in the cry of " folly' at Fulton's steamboat,
'? humbug" at Morse's telefraph, and " insanity" at
Grny'slpon road.
Having thus, by a long series of patient inquiries,
satisfied myself on this point, my next inquiry was,
whence comes the intelligence there is betnud it all ?
For that intelligence was a remarkable feature of the
pheromenon.
Thns I have frequently known mental questions
answered , that is, questions merely framed in the
mind of the interrogator, and not revealed by him
or known to others. Preparatory to meeting a cir
cle, I have Eat dowi alone in my room and carefully
prepared a series of questions to be propounded, and
I have been surprised to find my questions answered,
and in the precise order in which I wrote them without
my even taking my memorandum out of my pocket,
and when I knew" that not a person preseut even
knew that I bad prepared questions, much less what
ihey were. My most secret thoughts, those which I
have never uttered to mortal man or woman, have
been freely spoken to as if I had uttered them. Pur
pomts which 1 have privily entertained have been
publicly revealed ; and 1 have once and again been
admonished that my every thought was known to,
and could be disclosed by. the intelligence which
was thus manifesting itself.
I have heard the mediums use Greek, Latin, Spa
nish, atid French words, when 1 knew they had no
knowledge of any language but their ewn. and it is
a fact that can be attested by many, that often there
has been speaking and writing in foreign languages
and unknown tongues by those who were unacquaint
ed with either.
Still the question occurred, may not all this have
been, by some mysterious operation, the mere reflex
of the mind of some one present ? The answer was,
that facts were communicated which were unknown
then, but afterward found to be true ; like this, for
instance, when I was absent last winter in Central
America, my friends in town heard of my wherea
bouts and or the state of my health seven times, and
on my return, by comparing their information with
the entries in my journal, it was found to be invaria
ble- correct So in my recent visit to the West, my
whereabouts and my condition were told to a me
diu* in this citj: whilp I was travelling on the ra.:l- *
roau oetween Cleveland and Toledo. So thoughts
have been uttered on subjects not then in my mind,
and utterly at variance with my own notions. This
has often happened to me and to others, so as fully
to establish the fact that it was not our minds that !
gave birth to or a fleeted the communication.
Kindred to Mi arc two well authenticated cases
of persons who can read the thoughts of others in '
their minds. One is an artist of this city, ofh<*k <
reputation, and the other the editor - Jfcwwpaper i
in ? Df nfhlHirinv ? ;o- ?*? wrote me, that in 1
rr,? , *11$ with three friends he had tried the experi
ment, and fcr over forty successive attempts found
he could read the secret thoughts of his companions 1
as soon as they were formed, and without their being <
uttere d. So, too, there is the instance of two persons,
one of them also a resident in this city, who can give ,
a raithful delineation of the character and even the
prevailing movd of mi- d of any person, however un
known to them, upon whom they tix their attention, j
These are not apocryphal cases. The parties are
It hand, and in OUT vciy midst, and any per-on that
plea.-es may make the investigation, as 1 have, and
satisfy himself.
But all this, and much, very much more of a cog
nate nature, went to show me that there was a high
order of intelligence involved in this new phenome '
non? an intelligence outside of and beyond mere
mortal agency: for there was no other hypothesis
which I could devise or hear of that could at all ex- j
plain that, whose reality is established !>y the testi
monjMjf tens of thousands, and can easily be asoer- |
tainnl by any one! who will tukc the trouble to in
quire.
Jf these two points were established? and there
are now in these United States hundreds of thou- !
sands of sentient beings who hive investigated and
believe they ure? then earoe this important question,
cuihtmn? To what end is it ail? For what pur
pose: With what object''
To that inquiry 1 have directed -my earnest atten
tion, devoting to the task for over two years all the
leisure I could command, and increasing that leisure
as far as 1 could by withdrawing myself from all my
former reereations. I have gone from circle to
circle, from medium to medium, seeking know
ledge on the subject wherever I could obtain it, :
either from books or from observation, and bringing 1
to bear upon it whu'erer of intelligence I have beeu
gifted with by nature, sharpened and Improved by
over thirty ye ir^' pra 'ice at the bar, in the legisla- j
tnre, and on the bench.
I found there were very many ways in which this 1
unseen intelligence communed with us, besides the J
rapt ings and table tij pings, srd that through those |
other modes there came very many communications
distinguished for th- ir eloquence, their high order of :
intellect, and their pure and lofty moral tone; at the '
same time 1 discovered ma v "inconsistenciei and I
contradictions that wore eal :olaU;d to mislead. 1
saw many puerile and tome very absurd statoaie*.t.-. I
and many that were admirably calc dated to make 1
man letter ard happier ahd I se t to work u > son if I
could not out of this chaos gather something that
might be valuable.
I was sutisficd th?t something more was intended
than the gratification of an die cuiiosity; something
more than j>ariderlug to a diseased aopetite for the ]
marvellous; something more than the promulgation of i
oracular j latitudes; something more than upsetting ;
material objects to the admiration of the wonder
lover; some thing more than telling the age of the j
living or the dead, Ac
For that something I Lava industriously searched. I
1 thought that wa- wiser than to condemn without I
investigation, and denounce without knowledge. I
What i ha\c discovered in that regard I have in- j
tended to give to the world, that all may iud.^e for
themselves whether there is anything in it worthy
the attentiou ot int !lii<eut be ings. it would have
been done tre this if my leisure would Iiave allowed
me time to prepare my manuscript for the press. Now
1 expect that toy book will be published by the 1st of
September, ana to that I refer, as 1 have already
said, for particulars.
In the meantime, it i ,1ne to myself and to othe rs
to say, that our faith, a< growing oot of these re
searcbcs , is net "nt in*'**"- lcflca >le v.iriaicc with
revelation." How little do t>y. who make such
charges, know oi this matter: Misled by the cre
dulities ahich oicne are seen in the new >a; -ors of
the day. because the graver matters cannot iind ..<1
nission tl ere, the idea l.i, I am awaie, entertained by
som<- that this new philotKiphy is nt variance with tin;
revela'iori through Christ, the Redeemer. This is,
indeed, a sqjl mi-take, and one that believers would
be too happy to correct, if only the opportunity could
be afforded th^m. *
So, to), is it a grie vous error to suppose that it
" constitute? on abandonment of all self control, aa j j
a surrender of the supremacy of reason, as informed i
fctd enJightentd by the sense*)." There tra? never ?
#
yet, T venture to say, ft religious crcei promulgated
among bmb which so entirely eiebe wed blind faith,
mid ?? full; ft*d always demanded the exercise of the
JuU*m?iit and the vuurcmacv of the reason.
Fti.ce it la that we are taagbt that son* ef these
extrt ordinary things which are witnessed by to many
are miraculous, or flow from any suspension of n*
lure's laws, hit are, on the other hand, in conformity
with and ia execution of these Iowa; th*t, Mke the
?team engine and the magnetic telegraph, they are
marvelloua only to those who do not understand
them, or an not familiar with them; that those laws,
and the means by which they produce such results,
are as capable of being found ont by human research;
that the knowledge is mot conflued to a few, but is
open to all, rich or poor, high or low. wise or igno
rant, who will wisely and patiently search for it, and
that, when it ia attained, it cannot bat work in the
heart "a closer walk with God," and an intercourse
With our fallow men of a more elevated character,
void of selfishness, and devoted to (heir aboolute ad
vancement in all knowledge and goodness, both in
this world and in the world to eome.
Thia Is a part of the something which I have found
in my researches. But there is more yet. There is
that which comforts the mourner and binds up the
brokea-hearted; that which ennooths the passage to
the grave and rube death of its terron; that which
enlightens the atheist, and cannot but reform the
vicious: that which cheers and encoarages the virtu
ous amid all the trials and ?iaiaritudeu of life; and
that which demonstrates to man hiB duty and his
dei-tiny, leaving it no longer vague and unoertain.
What that is 1 cannot ia the limits of thia letter ex
plain, hut in due time it will bo forthcoming, and eaoh
one can judge for himself.
But new may I not ask if 1 overrate the impor
tance of the subject of my inquiries? Scarcely inflre
than four years have elapsed since the " Rochester
Knockisgs" were first known among us. Then me
diums could be counted bv unite, but bow by thou
sands?then believers could bo numbered by hun
dreds, now by tens of thousands. It is believed by
the best informed that the whole number in the
United States mtut be several hundred thousands,
and that in this city and its vicinity there moat be
from twenty five to thiity thousand. There are ten
or twelve newspapere and periodicals devoted to the
cause, ard the (spiritual Library embraces more than
one hundred diilerent publications, some of which
have already attained a circulation of more than ten
tbousard copies. Besides the undistinguished mul
titude there are many men of High standing and
talent ranked among them? doctors, lawyers, and
clergymen in great number*, a Protestant bishop,
the learned and reverend president of a college,
judges of our higher courts, members of Congresd,
foreign ambassadors, and ex-members of the United
Btutes fcenatf.
That which lias thus spread with such marvellous
celerity, in spite of the ridicule which has deterred
co many fr<-m an open avowal ? that which has at
tracted the attention of so many of the best, minds
awoBg us? cannot I e unworthy of bi y investigation,
or that of persons far wiser and more reliable than
I am.
It is now more than a year that my peculiar faith
bus been the subject of public comment. During it
all I have been silett as to those attacks, eonteut
steadily to pursue my investigations until I could
anive at satisfactory results. Perhaps I have been
silent too long, for, in the meantime, very erroneoua
notions as to that faith have been allowed to spring
tp. CutT was unwilling to s>i cak until I was as st:re
as I could be that I was right, lest I might utter
eome crudity which, by and by, I might regret, or
commit seme error which 1 might find it difficult to
correct, or, in fine, uubappi'j mislead in my iguo
raiite. rather than wisely guide by my knowledge.
1 went into the investigation, originilly thinking
it a deception, and intending to make public my ex
posure of it. Having, from my researches, come to a
diCerest conclusion. I feel that the obligation to make
known the result is just as strong. Therefore it is,
mainly, that I give the result to the world. 1 say
mainly, because there is another consideration which
influences me, and that is, the desire to extend to
others a knowledge which I am conscious cannot but
make them happier and better.
If those who doubt thin could bat spend a few days
with me in my library, and witness the colls 1 have
front strangers from ail parts of the country ; if they
could but look over my portfolio, and read the letters
which pour in upon me from all sections, and from
persons whom I lave never seen and never may see.
they wonld be able, from the evidence thus furnished !
of tne good that has been done, to form some idea of j
what may yet be accomplished, and they wonld not
wonder that I find a compensation for the obloquy i
tbat is so freely heaped upon me by the ignorant, in
the grateful outpourings of hearts which have, by my j
means, been relieved. One of them says (and it is ;
a fair specimen of the whole), "You have acted the j
part of tlie good Samaritan, and poured oil into the
wound of one like to die, and you will have rendered
a deathbed, sooner or later, calm and hopeful, which
might have been disturbed by doubts."
This, then, is the offence for which I have been ar
raigned at the bar of the public with so unsparing a
condemnation, declared unworthy of my high ottice.
falsely accused of consulting aught else than the law
of the land, and my owa reason, in the judgments
which I officially pronounce, and have had invoked
against me "the fires of Smith field and the huitnnga
of Salem." From such a condemnation it is tbat I
appeal to the calm, unbiased judgment of my coun
try men , with a firm reliance upon its justice.
J. W. Ei>H0KD8.
Kew York, August 1, 1853.
I nltrd States Dlatv let Courti
Rfcfore Hon. Judge Ingwoll.
DECISION IN ADMIRALTY. f
Ehsha D. Ilurlbut and othrrtvs. tht skip Cot to* ?
Planter ? [Abstract o* Opinion-}? ;J?'* *"*1 .P?*"
port? to be in favor of "irlbut and J ^Q
D Hurib"*' n'?irtner9 under the name of E. I),
xiunout & Co., Davison, Young, Amasa Havden and
Amaca Hay den. Jr., Russell H." Poet, John H. Fowler,
and C. H Pond. It is signed in tlie name of E. I).
Ilurlbut & Co., by John D. Ilurlbut. None of the
other persons named in the libel as libelJants have ;
Bipned it, either by themselves, cr by an agent or
attorney, and it if sworn to by no one but John D. !
Ilurlbut. It is claimed in the libel that E. D. Hurl- ,
but & C .are the equitable owners of two-six'.ecntha ,
of the ship Cotton l'lanter, and that the other per
sons named in the libel are the owners of seven-six
teenths i f the ship, making a majoiity in interest;
?nd that the ship is now possessed and controlled by
tlie remaining owners of the ship, they being a
minority in interest. And the libellants pray, for !
reasons set forth in the libel, that the ship may be
decreed to them, for them to manage, through their
aj/euts and ship's husbands, E. D. Hurlbut A' Co. {
Certain persons, other than the persons named in
the libel as libellants, asd in whose possession the
ship was at the time of the tiling of the libel, have 1
appealed and claimed to be part owners of the ship,
a nd have put in their answer, sworn tobyRobt. L. i
Lane, Edwin Parlier, and E. Hoagland, in which
they claim to be part owners, and a nuyerity in in- I
terest in the ship; that they are prewiring the ship
for a similar voyage to the one in which she has been |
heretofore engaged. They say that the persons j
named as libeilantu are not the owners of n majority 1
in interest of the ship: that E. I), ilurlbut & Co. are '
not owners or any portion of the ship: that thev are j
not le pal owners ia the ship, that they have no legal
or other interest in the ship which a court of ad- |
miralty will protect in this form of action ; and \
that if the persons named as libellants are a ma
jority in interest, they have not stated ench a ?
case in their Itbel us will authorize a court of ad
miralty to interfere in their behalf: and they pray '
that the libel be dismissed, and the possession of 1
the vessel awarded ts the claimants. A motion hav
ing been made by the claimants, that the vessel i
be discharged from custody, the court held, that 1
it vra.s important that " the vessel be dis- I
Charged f'orn custody in order that she may proceed
on her ?oyage, if that could be done without preju
dice to the respective claimants. That the vessel,
when the libel was filed, was ia the possession of the
claimants, who hail 0 ripht to her, and were using
her as they deemed for the benefit of all concerned.
That unless the libelluitf in this libel show clearly
that they are a majority of owners in interest, and of
such an interest as a court of admiralty will protect,
tlie vessel should lie restored to the claimants, if that
can be doi.e without material ha/.ard to the rights of
the other part owners. That from the libel itself it
is not clear that E. D. Hurliwt Sl Co. arc owners of
such an interest as a court of admiralty will protect
in tbi ; form of action. They had given an absolute
bill of sale of their intercut to JoOez Pratt, and it
is doubtful whether they am now set up a parole
condition by which this absolute bill of sale should
be turned into a mortgage. That if it was a
mortgage, the mortgagees and not the nnrt
gtiRors are entitled to the |*>Baensioii of the ship.
That if between Pratt and the Hurtbuts it was a
mortgage by reafotuof a parol condition, it. would be
aUolnte in the hands of the claimant, Parker, a
tLiid party, who had bought of Piatt without notice
of the condition, and the libel does not vtate thut
Parker lent w it was a mortgage. That if Parker did
take the biil of sale with knowledge of the condition,
he would still have the legal title, and not E. I).
Hurlbut & Co. That E. D. Hurlbut A Co. are not
entitled to the pewe "ion of the ship as agents of
the owners. The (a^e. therefore. a? stated in the
lit el is not sufficiently clear in favor of the libellants j
to warrant the ruinous detention of the vessel in the
hands of the Marshal, and without intending to ex- j
press any opinion as to the final remit upon a t ial
on the merits, the Court orders the nhip to be dc- I
livertu to ihe claimant, upon tlie filing a bond to i
have her forthcoming upon the final decree which !
ni.iy be reudf red on the final hearing.
Mitidir or a Son by niR Fa tor.? Isaac Cox, i
of Sassafras Neck, was committed to Elk ton jail, iii
Cscil county, Mil., on Thur-aa.v, charged with the
murder of his own Ron, a lad between fifteen and
sixteen years of age. It appears that the boy inter
fered to prevent strife between his father and mother,
when the father turned upon the boy, w ho tied, but
w?s overtaken. Lr.ocLcd lUble<j bv j. bLv. wiU. a
1 tick, and hia throat cut. from ear to car. It in the
impression of some th*t Cox ia ina^e,
MORE RAILROAD INJUNCTIONS.
Beperler Oomit? SpeeUU Ten*.
Mri Hm Jid|? D<i?y.
n<mm$rn?ftm4 Rand D Ark a- rim*!**, tm Mm*
Uh mtf, and w Uko\f if all ether pereotu m tniereet ?rtU
shgllnnue totlh them aijMtintxft aga mu Jamm jr. Uto*.
***** WOkemfUgg, WWam B. Adam u,
?{?{? i"' MHMid Morru UaOkm Demit Or ten.
WMi*m KM* ??*?" xOtrfraMiim
uiid l?U<r and with tft* persoiu but ?&?.? MM0< or lMV
"/ ^5' ? ?naglmu and tump ? railroad in tht city ?/
t! 2? ? . ?*d **"# hitaiMM tinder lA? nam* ami tiyis of
ThrSiMh Amnue Railroad Company," ami George Law,
J*kn 1'Migrm* Edmund R Sherman ami all ether persrnu
auvtiahd together and with the taid John FeHigrom, Md
mnrnd R. Xhmmam and George Lav. or cither or emu of
tlum and managing and uiing a railroad in the otiy of
i) Tl . "** kttstnett under the name and rfyie of
The toghth Avenue Railroad Company." defendants.?
Tbwbm Hop* tad David D. Acker. plalatiffe :? tkia II
no*, in tfccir ova behalf, mm) la bebair of *U other per
*>"??*? Of property, residents, or do tog buaieeea ia
College place, la the city of New York oi other wl*? inie
*'?4 '? the apbje#t matter at thi? action hereinafter eat
forth. aid who thall ualte with the* a* plaintiffs la thk
action by Ucm Day ten, their attorney, complain of the
above r?m?d defendant*, and allege at follow*, that U te
?ay That a oertofe meet la the city of New York,
etUi ud *rw? V e| College place, rnniung
froaa the southerly itrmlnut of We, t Bread eay through to
Baieky (Met, la .aid city, and being a TCry aarrow
street. net to exceed thirty two feet wide between the
cerb itonee along the fide of the corner let of the
pla>ntiff, Thoaoaa Bope, herer after mentioned, and
scaieeiy adequate, when nnobetruetcd. to the public
want* for ordinary butineas parpeeee, wan, ia or about
1116 Jfi1.1!3? Uv?,?uJ' op"~> P?P?red, dedicated aad
constituted a public street, thoroughfare, and highway
to be med by traveilera m inch, and ha* ever ainee eon
turned to be aad still is of right inch public street, thor
roughfare or highway, used a* aforesaid. That the said
ftlaiaUff. Thomas Hope, is seised ia fee and eirmmd of
a certain corner lot of ground, alt at ted and frontier one
hundred feet en the easterly aide of said College pUoc,
aad twenty fire feet en the scetherly aide or ao ancient
sti est cf the said city of New York called Chamber a
alicet, being the pramta* on the sootheesterly ear
ner of ihe said Chi an be rs street and College place, aad
known as number 182 Chambers >t<eet, aed being also
the sum Mrs 26, 27, 29, and 81 Coilcgo place, together
with another kit of ground adjoining the Uat mentioned,
on the eaateily tide thereof, fronting twenty Ave feet
on tlie teuthfrW aide or aaid Chamber* street, each of
wbtrb raid lots i< twenty five feet in width, and one bun
dr?d reet in depth. Aad the plaintiff), are advised and
insist tbat tb? feaid piAlittiff, Thomas Hope, in tht Oifuer
in fee or all the lards ia front of the said lo'e te the cen
to* of raid streets, hy virtue of hie ownership of tho
said lota bocix'td or fron'iog ution the said sfeets as
aforesaid, subject only to the easement or right of w*y
of ihe public over the same. The said plaintiffs
flutter show that the paid premi es, number 13^ Ubani
bers street, abjve dfcoribed, and the store and buiidiag
thereon, are occupied and used by them as a whole
sale and retell grocery iter*. That the business done
dj th? p^id pltifttiffg on the naii in large; that
th*ir faid Mtoie in Ave *1t* ties ia height, and eoUrair
the let, and that the whole building, cxeeptinir
the fourth and fifth stories, is devoted to their said trade
iba' i lej are ecus taatly encage* in reoelvint and -elhnr,
at d dehvering, tenoing aw?y, and dw^i.a'chio* the a?*r
ooaidis* aid conmodities la which tbev d?al ia tbeir
said busirei a. Tlrnt the .aid plaintiff. Jbomas Hope, has
occupied the said tireniiiCn, and has o*nied on a grooerv
bu'ineaa tb*r?on for a per<cd cf twenty. two v*?ra, an<l
that The .'?aid loeation, by lii< p*reove-an*e, iedustry and
enterprise, lias bec.tue and is a valuable stand for carry
irg on tk* said grocery businew. Tbat the ?id? of their
haul itnre tin Collefe pl>.ee. as aforesaid, fs tonveninnt
a'iu is usf d by the ?ald plaintiff'! for tke purposes of tal
u)g in hiai sendiig away good*. That it is fitted with
(O^rs ai d eatrar ce? for these obj?eta, and that'll* liatoh
vaj whfel ar.d ft 11 for conTeji&g gObd< to und from the
upper stori*b t f the said store, is. situated on the uaid
fit e or tie store on College place, and at a di?t?oce or
abf.ut roi^y five fee i frocj the said corner of Cbaicbe-a
street, and Ct liege p'*oe. Tb*t within a fe^months pan
the said plaintiff, Ihomat Hope has obtainsd from tba
Corporation or the city or 'New Yoik n license to opea ? ,d
use the ground Knderaea'h tht. sidewalk and street in
f:ont of the skid premises en College ; lace and Chan
ben: street as aforesaid, for which be l>aa paid to tie
?aid Corporation the turn of seven hundred dollars, and
has encted ucder the said gtfeaalks Urge, capacious and
fil*r.tive Tacit* to ke used in and deveted to the said
busiress of the said plaintiffs, and that the princip.l
o peri tg s for lowering goods into and taking gooda out of
the raid vaul a are on the taid side cf the said at'.re on
College place. That in ordur, oonveaiently and expedi
tiously, to take geods into the s?id atore, aid send away
(nch as are sold, it is absolutely neeesnaiy that thete
should be space in front of the said atore on Colleg*
place for horses and *arts, draya or wagons, to baek up
ard statd, without hindrance or disturbance, to load and
cxit'enciei of the said businer.s of the
said plaintiffs oontinually call and require hornes and
car's ar.d wagons at the aide of fm a>id atore Tor these !
jurpc ca, aid lliat it ia impr esible to carry on the aald
biislce' a lucces afully or profitably if the said pl*intifr*
.-liould be deprived of the use and facilities of the aaid
side of tbeir said store on College place, for loading and
iiuloadir g. and taking in and sending away gooda. The
raid i.laintiffa further complain and allege that by re*
son cf tie l/arrowneax or tb* taid College plaoe and of the
?Oitlgulty ard proximity thereof, and of the plaintiff s
aaid premises to the railway station of the Hudson River
railroad on the opposite side of Ck lkge place, where ia,
aid for a k uptime past has been, unually and aocest&rily
a great deal of tiavel and passing, and a great rush and
crowd of carte, wagrnt, carriages, hackney cooebw, and
other vtticlea, stanoing and j?a sing for the legitimate,
ita'oi able, and orditary purporesof business and travel,
a double or leeotd railway track through and along
aaid street called College place, opposite aud in front or
the plaintiff,' raid prtmires, would greatly obstruct said
?trtfct lor public use, aud seriouely obstruct, and to a
great and minous extent, damage the pleintifiV said
business by means of occupying so much of the aiid
last menUontd atrcet, aid lunning ro rear to the cmb
atotea and ikewalks thereof next to the plaintiffs'. said
premises as to hinder and pr?T?ot Oui their wr- I
\sniiv afiwn??. customera aud others from driring or j
p.acing carts tt tther vekiciea, laden or to be laden with
Merchandise sold .nd dtUvererf, ortob* delfvftwJ, to or
i'?JV ' ?'? grocery stcre and piemi-w. and ao also as !
to hinder aid pre rent the aaid il*iirti!rs, thair servants, |
agent- enBtrn<?>? ?ad o(ti*,H trom ha.'ngfree safe and i
ooi venient irgrees aad egress to aud from tlwir taid store !
and premises, and the aaid stitet called C-, liege place at 1
aforesaid, as they have hitherto always been of right ac- I
cuiier. id to do and have, ard atill of light ought to do i
and have without the molestation or hindrance of a.\ld
double or f^ofnd ailway track. And the plaintiff i nre I
advwed and inn.t that the Mayor, Aldtruteu and Com- I
mot ally of tLe city of New York have sot any rkht or j
authoiity, by tirtue of their corporate powers suLar as
prescribed and established by tn* charter of tb*
laid city, cr eonfentd by legislative enactment or
other site acquired, to authorize the conduction
of a dcubie or second railway track in said Cjlitve
place along opposite the plain tiffs' said premise*,
without, th* plaintiffs consent or the content of the
said j jaintiil, Thomaa Hope and against their and his will
?xpresa objection uud diwent Nor have the said Mavor'
Aldei men and Commonalty, or ihe legislature of thW
Uate, any r ght or piwer to authorise the construction
of such donole or second railway track, wkhout ad^umte
c< io i eiu at ion being first made to the plaintifi-, and esie
cia Jjr to the plaintiff, Thomas Hope, lor the injury dou*
to the but u *11 end riphts of the said plainiirts, uud to
tbs freehold of the said Thomas Hope. The said l lain
tins fur I her eomplain and tet forth that by c-rtain re-x>
lut I' Ds of the Common Council of the el'y or New York
passed in or about the month or July, in the year one
tcousand eight huni?re.l and firty one. Kid by certain
oUxr resolutions or the same Common Council patted on !
ditierrnt dayp sub equently, permission a;.d tbe authority '
and consent oi the l ommon Council were grbiited to the
said 1-ertndar.ts comp<.sirig the aasociaeion. company, or
lirrn. kaonn as ?"lbe 8ixkh Aver.ne Kailroad Company "
and to the others of the said defendan's eompoa'ng the
u;- socistion toe, party or firm, known as "The Eighth Ave
m.e I'atlri ad Company," to lay a raiitosd trajk through
certain ?tie?1s tf tho said city, commencing at theinte-.
sectioiiot ( ban.bvra stieet and West Hrrwiwiv, thtnea
along Wctt Kroadway to Caual street and th-ougli Canal
s'riet to the sa d bixlh Avnnne itailroad Coinpanv to
Vaiick street, and running through Varick and various
other slieeta. ai.dto the said the Kighth Aven te Ksllro^d
? cmjanj to Hudson street, and running throuch Hudson
*ti*et to ceriain points on the Sixth and Eigb'n avenues
res] cctively. That the said railroad companies b* vir
tue of the permission and authority of ti e sa d Oommon
( cuiictl graate^ by the said resolutions, and of certain
deeds, covenants, or regulations in writing, exectred br
t)i? if aid par'ies refiixc lively, and ao* oti betialf of the
said Common l out oil on file with the Comptroller of the
cny of New Vork, built ai.d coustiuc ed tlieir said rail
roads through the streets and avenues mentioned in the
taid resolutions aid instruments in writing respectively
and i hat the termination of the said roads at the inter
section of West Broadway aad Chambers street wis on
the opposite side of t 'bumbo- s street, to the store and ure
mlr s ct tie plaintiff-, and almost direcly facing their
aaid store. That Co liege plaoe runs nearly In the same
dirtctu.tt as West Iticadway, and intersects Cluimbsr.
L'R -V ?PPotite the intersection of West Droadsay
arid Cliarrbers street, but Is a much uirrower street than
West Hioadvgy. The taid plaintiffs fu-ther complin
acd t*t ffcrrb that in or about the mouth of Nov*mber
in ibe year one thousand eight hundred and fifty t.vo th*
tommon Council of the clly of Now York posssd'and
adopted e?ii*in other r*solutiont, of which the foliowinir
la a copy, that ia to say:?. 8
I ."!!"?0.!TrL Ih4t 'A?. *lLh*,1?' AT??n? Railroad Company
l.avt autherity, and the .privilege is hereby |rrantt?d to tlmm,
toex toed their rail (which it to Le conatvuetad in like man
neras their pntent) through r?nal ttrect to Broadway and
?!.' s.?!" .. 8 l>r$?a,t4 termifiation at Clam', art (;rs*t
tliruorh Collspe plaoe to Barclay etreet. am' thromrh n*r
< lay Tknil Chareb tfeets, or aerotd Barnl ay ttre.it anU
liirnafh the Botldiatt which tbey have rontid or proonr '
or may rout and ptooure, for thtt purpose, to and into Ve'
; T'lr'ft. tliroiiyh Vwuy stmt to Hroadvay, an 1 tl.rimrh
( ?t.roh street, from Vctey street to Chamber* ?tro*t ind
ti.rcucb Chamberj strut to its present t^rm inttlon afore
tnid, ar.d to run their oart ovrr tho same; snd whon they
tba i hav* made inch < xtention, then and tbnreaftor t'.ey
tins I e atlibtity to charge every pastenser who may ooiee
to and nde any aiitsnco upon ar>v part of tl.elr road below
t i/tj lirtt itrtet, bve <<Lts for riditi/ on tl at partuftl . ir
road. Ariytblug lu the resolution or agreement under wMHi
tl.e taid company are now artm* in' onsi-t^nt with anv of
tin privji j,et /rrantcd ly tbit ri-solutlon ii hereby modi'ied
no us to conform ther? to.
Ard a "to rnolv-d. 1 h at the Sixth Avenue Railroad C-.m
pi i J. npon paving to the said the kighth Aveutic Itailroad
? r rany too ore ! alf j art ?f the cost of ?!... portion of
tl eir rrad Iviii? hetwesn Vuriek s?r?et and West Broad
eaj ii-mI ol pint, it in ripair iron tin to tune b.-re
t try ard also tl.e .no hall of the cst? au.l of therepairt
irorri tirt.e to tiu;c oi tho nt. i lion above antboriied, iihall
i <? at litis rt> to i : e o aoi nv. n one half ?f t ' o iismc and run
tin if ?ar> ti^roon. find to chiuxe evorj |?a?ao?iccfr who may
<".r ? to r '? any :istar.o? un-n any part *f their road he
i?W Kortj third strei t, tb* l.ke tnm of Ave centt for ridin*
' p ti.at | ?n of the rot. i and anything in the r.'telutiontor
. ? r.j.ni' iit wl.ti b tl ey *r? now aetlr>g, inruniistont
wl h the taui privilegei, it Lertby modified ao at to oonform
to this retolntion.
Adopted |y tho Roard of Atalttint*. Noveiaber 11, 1M2.
aaoptid ly the Hoard of A mermen, November 22, 18.V?.
received rrom Us Honor tho Mayer, Deoen bsr 13, 1W2.
wlthont l.it approval or objeatioet thereto; thereforo, undor
t/.e provisiont of the amended (.barter, tba tame becama
adopted.
The said plaintiff- further complain and insist, thit the
Common Council of the city c f Ne v York have not the au
tlitsr'ty, powtr or rigvt to grant,, convey or dispose of th*
puhlle itrteta, t'loroi ghfiirea and bighwaya or the oity of
Ne-r Y' rk. or the n?e of tb? same or any tb*r#of, Ui any
iuOivtdnal* or *orpo. atinns, so as to t>eiu<l* ulatr |wr
sere or the public at large. *t th* owners ef property,
its ?lent* cr ftowi 4nj>g kuaUi**! vn gu?h m?ft ', f ie?
!*?** ??? IN ?|4 ?njoy rami ?f tk* -rut. and
that Uw Mid UWBOI CdlMll U4 Ml Ik* p?we>, aatho
JJv ? ?I|H kj Hi ?W rendu Hon* or othei wtM, to (rant
w '*iboao companies th* light to lay down raiU
, j !*** **"?' i*? iftid kid* of the BkiaUfl't'
!i ik u* f tu '"'?i'w* with or ntM? from tk* bm
* of be raid ?tre*t, iu Ik* ordiaary
tk.l^kL1*i!.?'e Iff*"** ^ 0?>adnfltinK and faollltatiBg
nTy^- J. ******* kJ law and the ordiBknee* of th*
im rwyeet to tha said (XjlVg* plut.
ara^? mW 0,tJ' ??**??? raaktBg
?*?, Sa ? 2* (*,' *52 and jnut eomp*a*a
P>ki**MN, rrta Ik, .aid Thomu Hop*, for
?. U *?=> or M? thereby,
"li ?5 f*^<hw Md k"ege, thatti.
a i. ??Mpaaiaa, or the *aid hightb AvVnu* Rail.
SStSETTLEE^ i-t
?itatioiea (Moiutioaa, aad withoot tha (rant Mrmu
"** 0M!M> ? ????., ity of tk. .aid Cwmiaou (JoitnciL'
proceeded to laj down i double tiack ikmu?h ^..n
rfcaeej that ttoej constructed ou?h double t nJL through
* r .^'n f,43m! ,Mr ,b* l"t*rpectioiTof KiSt
afreet with U>ll*g* place. up to and for about ipt* f r n i
,ld* ?! ft "? ^SaSaSRS
tbat th*y completed a traak through Coila? ?lL?l -kuk
connected with tha we.terly traok in W JtSi^d
U i a continuation thereof, bat that tha MoondtnZk wWb
they intended, and. aa tha plaiatia* arc luf.n?dl^|^
Ua?r they sow design to oonaeet with tha ee.terlHxMk
en Wa?t Bioadway. m a continuation tharaaf tha. ?J2r
Dieted only a* above stated from near Bar*ay street^n
to aid ftt i>oot fifty feet alosg tha aide af th? plaintiff*?
?a<d rtore; ? d that the distance from ?a aaid termini,
tici. <>f thf m. 1 teaoiid or aaaterly track ha College nlaea
to tl.? tern ina of the easterly traak of 'the said read*
Jo Weal B>o. d?; v, on the upper Hide of Chamber* atraat
is about c tghiy Is. K And the aaid plaintiff, chart* aad
toaift tbat the 1 ui f of the said double traek through
College Place we ',.ntrary to the provision*. tru* latent
and aaeaning of tha Bald last mentioned resolutions of the
Ummon Council, in violation of the rights and artriWes
... plaintiffs, and of all persons owuiog property, rt
siding or doing hutiness in College (,laoe, of the eifuaas
.J"*.?'0**'? t0 "?? e'reet as a thoiouihfare,
4?j. puhlle at large, aad utterly unauthoriz*d; an l
!??J ? g*i(Jw"*00?d 01 fksterly traok in the aald College
Su iU*ii *#* *?? otlo,1 t,b*ret0 "d * nuif anoe. The said
yalntMii further Cfmylaio, and state that in or about the
3^5 ?w^ li" th* 7?^r OB* thousand eight bun
?,?. ?/ w l' !* ^ "id u? Oimmon Couocil of the
P*"*"1 ,nd ?dopt?d a aerU'n ether pre
ttius to ?y 1" ?D' #f W *h th# f#UowlD? is ? e?Py
ind &?" 7'?'aUo? hM Potsed the Common CenaeU.
aUhoogh not iperifled in ,h? retoluUon, that ?JdTxSenililjn
fhcilo and wan to be enlv with a ?incle traak- wif? x5
tightb ^ v< bu? Rfcilroiid \b row eniragea in oanatru Uinc I*, d
road with a double track, whioh will hav? th? Vii* EPS 4
out from ?aid ?tr?, t all oth.r tr.7.1 ? d b. a 22io?
ftent to the ii\tere%t8 of the oitfzens Kfn?raUr aad to the
of property on ?h. line e.p.flUll/rid M there
1? ''?.* *"'?* ftr" "" m>?under?t*stliiig >? to whether
fore be it? ??A8tro?Ud ? el"*!* or double traok-th?r*
Ke*olvtd, That t lief treat Commi'Hlonor bp, and la herebv
Erected to .supo .11 fortber proeicdis^a of aaid comoaBie^
in tke ?ona r.iction of aaid roada tbroueh the atreeta m.n'
firlUr ^iot oVo'f^ tu'ciimV'r ,,d^rd ""',,ul'd-1 tht
i a0lflt,n or tli? lOBiBii (.OQiicil. cxvvpt thev build a
*ot adonted '*'? ?""i ? ?b?t v IUrae be
r..LJl?p? -v v**w oompaaiet, tliat then tl>? said Street
( ?.mmiaalBBer be. and b* is hereby, dlreoUd to have aSfd
i ifh6l5 ,0/mfT ?Utiou with.mt dthtV
1 a h f* !k* ?.?*rd ?f-Al,i?rieeii, December 18, 1AC.
? Board of Aaalatant*. D*crmber 20 1SU3
Ap proved by the Mayer, Deoember 21. 1862.
nntfitk < further oom plain and allege iha4
notwithstandisg the paving by the Common CouncilW
the said last mentioned preamble aid resolution t?e
b?' tb? ? h J tr*ck ?? Co"?tp- p'*ee, *0 laid down
1>J tie said defendants without authority as aror*?aid
has been permitted to remain to obatruot th? <a.J ?trk?t'
and that now tbe aaid defeDdsnt*, tho ?aid ra'lroad oom
P"ki,,40r ?leof /tem, but which the said plainriiti aro
uuahle to slate with certainty, dfalgn and intend ac
cording to jeliaMe information rtoeivtd bv the said plain
Uffs andas tbey verily believe, to continue the said
. iA ! ? through College pi#e? and to cocneet the
i aid aecoiid or easterly tiack in College place with the
easteHy track In West Broadway. That the ,iaid oomoa
nies have oonstructed a double traek through the p-tm
S?"M prtcn'?d by them, or toe of them, between
Ba cHy scd Verey ..treeta acd opposite the terminaMou
ot College place, mentioned in tbe resolution* of the
if ' *1 kb0T*&t l?"gth recited That the '
easterly track so ooilEtructed thiough the ?aid premise
is laid in such porltion and direction as to oonncct with
ilZ'tht hL ?/ trkt6r1^ t ack Jn C<?"*K? plaw, tuid
that the laying of the said eaHte.ly track thjontrb the
*0ulib* u7)e" and ?bsi,rd unless with a
connection of the said second or easterly
track In College place w ith the caateily track in West
Brcadvay. And the "aid plaintiff*, upoa rel able infor
mat ion obtained by them, and which they vtrilv belies
eoni Mm and allege that'the said railed c?minU.s
one of them, in pursnaaoe of tneir aforeeaid iuteutiun to
conEect tii? said fantcrlv track inC 'lleire i?Lirt? wit it 4it?
easterly track of the safd toads to WwTltt S^hJS
employed, or n-.ean and design to employ workmen, and
have procured aid prepared, or mean and design to pro
?ie.?^firep"k. W*terli1,! far Ul* Purpose of suddenly
and speedily making ench connection during the period
?in which the courti in the city of New York are not in
active semen, and without affording to the plaintiffs anv
opiiortunity to .heck or prevent them, and when it a hall
V 1m practicable for the plaintiff, to pro
cme the advice and assistanoe of fcounsel, and to seek
protecticn and redreps in a oourt of inatioe. That the
connection of tbe said easterly track in Collette place with
the easterly track in West BrLds.AhhTeKJ at
tbe command of the faia railroad companies, can be
kceompl shed in a fcw hours at a very early hour
Atd ?w? iB'' Md "h!>n the COurts >re not sittieg.
^d that unleas prevented and restrained by the equita
hk interposition of this honorable eourt.such conne. Uon
fhi 10 the ?ie<kl !o?s md detriment of
? f T^le ?^Pwintiffs further show thtt
the width of (-<jllefe place, from eurb atone to curb stone
as has keen stated is thirty two feet. That the distance
from the curb stone of the sidewalk of tbe plaintiffs' said
wt <p'*,e t0 lh? ????t rail of the westerly
dot-n ek tha said jUCudwti apposite the said
plifFtjff^ re '* twenty five feet two inC K.
aiMaieefiom the said eutb stone to the nearest rail of
tee elMfrlv traek ?o laid down by tie iaid defendunt^
without iicente or authority as aforeaaid is sixteen f^
and that the width of the space halween the on urmn.t
ralli" of the two tracks is fourteen feet four inches. That
if the raid railroad track should be laid in tbe middle of the
said btreet, as it may be required to be laid by the owners
Jvti^D i v on the opposite side of the
^pta**',he Stance between the curb 8ti?-.
and the nearest rail will be only eight feet and t*~ u J
Th? 'iio plaintiffs further cowplaia and a "
I Cirs of tbe caid railroad companion project over the said
; track from eighteen to twekt^wo iSches, and Jhat ,ucb
i cars pass and te-pa^s as often, at least, as onoeevprv
two auButes dtiriLg the day; that if the skid railroad
' f; ou1W I* kliowed to connect the caid second
I or. easterly track through College place with their said
i Ht v nt there would not be
space i for the hortes and carts, wagons or dravs neoei
i W? tZ1D?; ?n bu"MSH b? Mid olaintiff?
^ v v y e bp,u koeusromed to use, uo>i renuire
?c/' ;h'Jh they, cf right, Lave u*ed and req'uted?nS
: f"1 b?lD?" UP- >ten4. load or unload on
! the said side of their said store on Coll*# nlacs whilst
( cars are passing; that the frequent pas<do* of the sa:d
aild"? T c0?/e\utnt consent oe?essitr of dlaturb
b. th? fB n? r?e* and vehicles ie<|ul red to stand
I by the isaid i side of the said store on College pUoe or
i * ? n b^*inK "P. loading or unloading, would be dW
, gerous Lot only to the drivers, caitmen, or other pers <as
hutliieps cf the said pUiatiffe, but to
an other persons r*'Mfg through the said street- and
I that sueh passing of the fa id cars on the said easverlr
track on (ellege place; if the same should be allowed
W'.uld prevent the sa/<l plaintiffs from u^ing the ^ids of
. ?n CoPpe I'1^0 U'r purpose of taking
tr?r ^ va"1? ^ sr?o?lH and commodi i*s In which
us^thriimp - ?!"d^e4C *uht lllthorizeJ k?'l entitled to
\V t r.?h ^ r li At/uch ex'onston of C.e said easter
ly trsok in College place, and its connection with the
eastejly tra.k of the said railroad in We,t ilroadwlv
s-^d ^lai?'!^!!*" aJD1*df*t?.aDd per in inert injury to the
l 10 lh# frteb&l(I of the the ?aid nlain.
i i iini?'s *E wou'd be a nuisance. The said
plaintiffs demand relitf In the premises as follows thit is
to say -lbat by the order of this houorable c'urt the
"aid defendants, their offloen, agetti, assijtants
ueere, surveyors, Kechariics and workman, and oach and
every ot then, may be perpetually and f- ^ver enjoi^d
aid resttained frosa any fmtber bail) inf. conitrucMne
01 r*?<oa,l in Collss^i
place, in the city ot New Yoik, heretofore laul down bv
' 0'1??V'e tbeM' aod lrtm connecting th#
M.n.e with the easicrly traok of the railroad of tne Sixth
Avenue Ra lread Company, and of the E^Sth lv^ue
Kkiliiad Ccinpany, in West Broadway, in tbe city of New
V' 'by fro"?, running cars over or upon the same
And thatthe paid plaintiff* may ha-e such further or
other leliet in the prtmltes, or bah a^ may be ju*t and
agreeable to equity. l^AAC DAYfoN,
. . .. Attorney for i'lalntiifs.
ity and county of New York, ss;? Tliotnas Hon,) of
a!1 C?h^ ??1 ??" ; di4r?wom, dath depose and
bZltt r ,?"?0 f'n'otiffi in this action, and
? ? - / T g *' mf,lmint fs true- of L|i< o*n know
n t0 the matters which are thnreln states]
on the Information or belief of tbe n'aintiffs, and as to
Ihose mat let* tbat h? believt. it to bo trie '
?wora before me, this third dav of iljurt' ^A.^SSs
11. C. BamvS, tk mtiiisciont i- ol Itefds.
INJUNCTION OnPER."
On reading the comj laiut In thU action, duly verified.
*nd on rcot on of isanc Dayton, thj aUotiny for the
plaintiff it in ordered that the defendant* in tnii action
nbow caure htfare om of the J usticos of this Court at
OaratcrR at ilie City Hall of the oity of Neir York, on
Wednesday, the 10th day of August instant, at 10
o'elcck, in the forenoon of that day, whv the aaid de
fendant* khould not fce rt, joined and restrained, pursuant
to tl?e demand of relief ma<l9 bjr the nail plaiaUSit In
their raid complnii.t. And it i-* further ordered, that in
lie BDosntin e and until ilie further order of thin caurt,
the f?id d<fetdanta, their oR cors, agonls. ? mUtants, en
(tieeri, nurvoyorii, mechanic*, ar.d workmnn, and e*ch
and every of tbrtn. d> absolutely denUt nnd refrain from
any further building, constructing, or lajing down the
eclerly track of railroad in Co'lego place, in t^a oity of
New }oik, hercto'oie laid dowo T>y thitui, or some or one
tnem, and firm eoucecting .hc'msie with the easterly
track of the Sixth Avenue Railroad C.>mtiuy, and of tlie
Elftbth Aviiiue Railroad Company, in Weet Broadway, in
the city of New Tork,and from tunning car* ore' or
upon the nurse. J0I1N DU?R.
I'hted thin third day of August, 1853.
Another Victim ok tiie Shsamuoat Umpire
C'ATASTRornf;.? Tbe telegraph last evening brought
im the intell'sence of the death of Robert P. Cot
tingham, of thin city, one of tbe snfiV-rere by the late
rntiustrophe to tlir utenmer Empire on the North
river. Flo was nt the time of the accident badly
Molded, and bad a leg broken, which had since un
dergone amputation. From that time he retrained
at the Exchange Hotel in PoughkeopHie, where he
expired yesterday morning. Ilia remains were
brought to this city laat evening. ? New llavcn Cou
rier , jiug. 5.
Mr. T?.wu.<kt v. su. iaitantl. kP1*d by a ?irnVe
of iifhtnirg en bin plantation, near Montgomery, Alaba
ma, v? Jit Mk nit, Hl? kux *?? U1M,
n? Lata TrnMl a* Mobile? The Ship Vw
?a 111m aim ih? Importer Captain.
Captain Charles 11. Day, of the nliip Camll
laa, yeaterdny forwarded ua the annexed correspon
dence relative to the frauds lately practiced ia Mo*
bile, under cover of Ua uame and position:?
New York, August 3, 1858.
*0 rn xditor or t?? n*w vou uebald.
eaptala of th? ship OmbIIIus, referral tela
the enclosed extract!, which 1 take from the New Orleau
Picay MM of tfca Slat at July. IMS, aad the New Orleaaa
Iklta, of the mum date, I beg, through the ?
your paper, te wan the pul>llo agaiaat the faapeeitieasl
and frauds ef a person calling hiaaaelf Cbptain fnw
Hutchinson, who, it appaara. ha* lately arrogated te hha
"elf the title ef her aeniraandar, In order to fseilttote hid'
?wiadhng operations in Mobile and other plaeee.
The letter, of which I append a oopy, aad whleh I hat*
to day mailed to the add -ess of J. P. Whitney 4 Ce., ef
New Orleans, who were the consignees ef the
will fully explain hi* oareer and character* aa well aa hie
previous habit*. 1 beg to pay that I left the Alp Oa*
mill aa on the 11th ef Joly, in order te oome on to New
York for the purpoae of apead'ag the unmmer here. The
veeael wai dnly given in charge to my mate there, ae
that Hntebinron, allaa ***, aiunt have common eed hie
Old tticka te defraud very hood after my depart are.
The ahip Camilui doea not belong to the pretended
rioter ef the impostor Hutehinaoe. alias ***, bat ia
owned by Mr. John F Cleu. of Nee. BO aad W Maiden
laae, la thia city. 1 trust that aa impartial seeding of
ail the deeomenta will save the public geaeraly KM
being further victimized by this saaaing eperarer,
I remain, sir, your obedient servant,
CHAS. E. DAY. Master ef Alp Camilla*
[From the New Orleena Picayune, Jaly 21.]
The Mobile Register tarnishes the following rathtr
mysterious paragraph, going to 8how that bobs
body has got into " a scrape. Boue fan and son*
trouble came to partial ii-sue yesterday in a mn
where all concerned laughed heartily al one ano
ther? bat one langhed on the wrong Hide of his faee.
A certain agreeable gentli man, using the vacant
title of Gapt. Hutchinson, oi Uie ship Camillas, of ot
supposed to be in New OrlednS, has been lionizing
and lionized about town for many days pant. Dining
his frienda at the "Battle." and ridinir with them
by way of digester, to all the gay haunts ia and oat
of town, he has been for a week put quite a card ?
presented to everybody and well addressed. The
Captain .indeed , was the gayest of the gay. To pay
up, a bill of bis supposed con?ignec8 for $360 was
negotiated, which one of his dear friends kindly put
his name to, aud the cash whs forthcoming. Thia
gave the means for a more extousive splurge ? extra
wines, more rides, and big talks of Baid ship? lam*
ber freight oontract in Persncola, money to oolleot
in Orleans, Ac. But, alas ! those confoanded wires.
A short notice came across the Rigolete ? hill
disowned? ship there, certain, but other captain and
different owners. Bad show. But one of the de
luded proved a good deooy. The hare returned baelc
to the farm; and on (Sunday, instead of the oaoal
buggy ride, the dear friends walked to the guard
I heuse, where one of them remained. This makes it
! bad for the Captain, ai d ruther ditto for the kind
! endorser; hut agreeable, free, line fellows aro verjf
taking at timei.
ANOTHER "VALENCIA."
[From tb i New Oilemi Del ??, July 21 ]
Tbe Mobile Rigistcr has the following account oP
a new operator hi tbe Dr. limes Don- Valencia styla
of raiding funds: ?
an lMP08i*R? Forgery, fcc.? A few w?ki ago, a
smooth spoken and plausio'e iiefsou mi.de his appearance
in thin city, and toofc quarter. at the Uattls House, regis
tering his nsiae a* James Hutnhinsoa. lu the course of
a few day*, hemauagea to become quite a here among
tout of our re.-idtut >oung men. lie represented him
self to be tbe captain of the fine r-hip Cauillus, lying at
New Orleans, and belonging to his sister, whe Uvea in
style near New York? atd ihi?c tie wa? on hia way to
lVnraceia, to engage al.'ad u( ^ui>it>Mr. By this and simi
lar adroit stonev he marie a dscid d impression, and
was con id?reo a deuce of a clever fellow. 1'resenUy,
however, he fell short ot money, and, to supply hia
wants. a-k?d oae of hia new acqualntaneca to accommo
date him with an endorsement <o a note of $300 on the
well known house of la? lor & Halt, New Or leans. This
would supply hia immediate oeoe'sitiea, and give hia a
new reason for treasuring up t>loasan ; memoriae of Mo
bile? a place, by tho waj. which he took pleasure in ad
mit irg. The deed aas done, and money obtained.
Sboitly aftef this, he visited i'ennaacola, and there
made contracts for lumoer, to be delivered in the short
est possible time. Be na n in a ''devil of a hurry'' to bo
at H?a. To aid him further, he eapioyed a gentleman
well known hero, to proceed to New Orleans and eolleet
some $1,600 due him by a commercial house thero. For
this purpose he gave a proper power of attorney, and tho
gentleman aforesaid p.ooeeced with alaority on his mis
sion. But le! once in New Ui'eaus and after a little In
quiry, tbe agent four d that ho hid gone on a wild gooeo
chase. At Uo St. Char lei Hotel he made inquiries, and
there the only reminiscence of Capt Hutehinson was a
debt of $30 for the good eating aud wine.-, of that ostab
lisbneat. He discovered fuitner that the commercial
house knew nothing of hiui, and owed him nothing. He
also (ound out that the not e which he got endorsed and
cached in Mobile was a forger^. Here was a go! Of course
the agent? a gentleman bard to dupe orJ narily? saaao
back boiling over with wr*th. modified by a Utile admira
tion of the lmpu.ience ind rssoality of the C?ptain.
In tbe meantime, while fate was providing these expo
sures, tbe Captain bad made uo a select party of good
i fellows to take a trip to New Toik on board his ship.
| They were to occupy all the cabin by themselves, '-livo
; like fighting oocks," and have a good time generally,
i That the Chptaiu was a true -'aaU," wan made evident by
a little incident rh'Ob ocsuned one night in presence of
One of tbe young gentlemen wh"*e room be ?bued.
Atx.ut me caplttln was beard fivlug k!s or
deia in true aai or tone. ' H ave ahead, you lobars !"
'i-orttop ahoj!" "Avast, there!" and such like nauti
cal phraiee.fci "Halloa' w hat's the matter, Captain?" was
rel ui ned by bis rooao mate "Bleu my t eul , " replied the
sailor, waking and mbhing his eves, ?'! thought wo ware
weighing an?bor." and straightway botb fab into a pro
found iiijep.
" no news from Ntw Orleans, however, dispelled these
agreeable illusion*, The can't in on Sunday was?rroeted
at tbe Ins'ance of his New Orleana agent, and lodged in
ja'l where he now ben to bp biought out probably this
morning for the ssrutiry of bis Honor the Mayor.
Ibis story reminds us of the famous Count Valencia,
who broke *o manv hearts pot long ago in various parts
of tbe country. Happily, however, the present adveata
rer has fewer of tboi-e soft grasee and winning ways
which gave the other a control so potent over tho female
beam. The lesson, however, is a< goed in the oae saso
as in tbe other, at.d a.s such it will doubtless be of ail.
CAP. DAr TO MESSRS. WBITNET Jt CO.
Nuw York, August 3, 1863.
Users J. P. WnrrsEY & Co . New Orleans.
Gentlemen? Llawtg re?n in the Picayune and Delta of
I tho 'Jlot u*t., fiorn the Mobile Regit' or, the statement of
j aireit of an "Importer for Forgery," 4c., ealliag himnelf
i Capt. James Huichin-nn of the ship Cam ill us, then in
; your poit. I think it U my duty, aa tho Captain of said
; ship, to nale known the r-ceuadrel who probab'T baa
: vowtti hit. life to practice - of robberies as well aa toaesep
iiou . towarcs society, under the mask of an appearaaoo
1 of belief ty.
This Capt. James Hutchinson is a pardoned sonvist of
i tbis State. In 1851, he was employed as a clerk
! ia tbe l'ost Office of New Tork elty, and whilo
1 engaged in that catiaci y he purloined come letters
containing some $12 000 in railroad bonds. Ho suc
ceeded in effetting a sale of part of them, whieh was
tbe subsequent cause ot bis ar/eif. He regained In tho
ja<i cl tliin city one year, awnitlng the issue of bis trial,
which took platein ?eo . 1852 and was fenteacedby Juigo
B? tts, of tbe United Stales (X cuit Court, for tbe term of
live jtais in the State prison, for robbing tbo Post
Office. A tout t*'0 mouths after his condemnation,
on the 2M or 'J4,h of ?Urcb. Iba2, be was pardoned
: by Vieridtnt Fillmore, through tho influence of some
1 f) lends of bis I an iilv. It was expeated, of coarse, that bo
i would appreciate tbe cloue-cy of tbe exeeatlvo, andoon
> duct himself honettly for the tuture; but his recent acts
; piove quite tbe contrary, and he waa scarcely out of
prison befoie we beard that be was at work eomaaltting
irore ra*calitiei ia the i.otthwe<?tern States; thence, via
the Mississippi, to New Oilesun where be was about tbo
fitter i?rt tl' Jui e laat. 1^ forced in my namoa note
fot $ f.CO, which to *ue*tded iu selling for $300; be
fojgti! n l,-o a cbeck ia th>- name of Taylor, Hart & Oo ,
lot $75, on tbe Canal P. ujk. of New Orleans, and passed it,
to a tlx. Hewett. Thence I oee ho weat to Mobile, and
practised there with succ ss seme of bis usual tricks of
i--vindbng and forgery; atd wemj that be has made ase
oi the nanr.e of the Cipt. of ths snip CamlUus to aesom
pli>b no doubt all bK roguoriea, I request you to do m?
the favor, as captaiu ot r.win ship, to have this letter
| published, to caution the p >bllc against future forgery or
1 > aiiidllsg of Caiit. James autohli.soo,
CHA?l. R. DAT,
Capt. of ship Camillas.
Captain Day baa furnished us with the real name
of Hutchinson, who is of a respectable family in one
of our neighboring counties. We forbear to publiab
the name, as it would tend to wound their feelings,
and as we hope that the expose now given is suffi
ciently ample to put the public upon their guard,
and perhaps may have the effect of checking tho
career ol the prentended master of the Oamiilus.
Swimming Matcii Thin affair was witnessed by
a crowd of people on Wednesday evening, at the
swimming school on Connecticut river. The swim
mers pfurted from the ritilroad bridge, three-quartern
of a mile ubove, nmid the flourishing of innumerable
flambeaux in long lines of boats which accompanied
them. At the judges' ftand a succession of sky
r?.? kets and rifles were discharged, and the rival
swimmers came down in goo 3 style, accompanied
u larjre numlier of sail and row boats witn torches,
while the river in the vicinity of the judges' stand
waa filled with lighted boats. There wore some half
dr zen swimmers, and it has not been fatly decided
as to the real winner ? two of the judges awarding
success to Mr. Ulricli Moll, (the winiier of the former
race.) and others believing a young man by the
nnme of James Church to l>e the winner. Mr. Moll
hos left at our office a challenge to Mr. Church to
try it over ngiin "the next fair day."? Uartfori
Time*, Aug. 1.
Ohio Crape Chop ? Hamilton county, Ohio, it
s< int what famous for its grape orop. An expert
tuced cultivator informs the editor of the Cincinnati
Commercial that the rot lias made its appearance hi
the crow ing crop, causing apprehensions of a seri
ous 1( iss to those engaged in tne culture in Hamilton
county, where nlcne the annual product amounts to
n'nr hnlf a millirnof dollnr*. The disease is snp
? uuuaiu i>y uu* null ill
f?ld nifibts.