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THE mm PACIFIC ROAD.
The Greatest Railway Enter prise of the Age. Its History, Progress and Prospects. *. c. Jtc. fcc. Although mm than thiw hundred miles of the UnUn Pacta* Railway weat of Omaha, lta aaatern terml aea, have bean completed, bat little la known by the gaoeral public of the progress and proapecta of thia (t gantio work, which, In conjunction with the Central Pn atfic line extending from the California aide, promisee !? mite the Atlantic and Pacific in about three yean end a half from the present time. Little haa been said, although much baa been done, and the vague Idea of a Ihciflo railway baa something more than mere theory and speculation to rent a pod. The need of such a rail way haa long been the them* of orators and politicians, and waa at least tacitly admitted by the peo ple at large. To give practical shape to ?Mb an* enterprise the aid of the government waa necessary ; and that aid waa finally secured. The ndvnnlages of a read which sboaid unite the eastern *M western extremes of the republic and open a direct Hsd to the rich gold and silver mipee of the Rocky Mountains and the Starrm Nevada were recognised by Congress. Thereby it was seen two thousand miles of aaw territory would be opened for settlement, and a -vast expanse of land now valueless would* bo rendered -productive. The coat of transporting supplies to the government poets on the frontier would be greatly re duced in consequence, and the risk of Indian wars would bo diminished in proportion to the spread of Civilisation in thoae remote regions of the Weat. The pnsssge of tha necessary acta by Congreaa in the early stages of tho rebellion save tangible shape to what had been before little more than a misty dream of the More. BISTORT OF THB XltTKRPRlSS. The Union Pacific Railway Company was organized under acta of Congress approved by Abraham Lincoln July 1 and July 12, 1862, and July 2, 1804. tne condi tions of which have been complied with by the com pany. The capital authorized by the charter is one hun ted millions, of which It is estimated that not more ?ban twenty-five millions will be required, of which five ?illlons have already been paid, the Union Pacific Bailroad is a central railroad connecting the Atlantic and Pacific oceans on a direct line. The line from Omaha to the base of the Rooky Mountains is 517 miles, ef mountain region 160 miles, thence to the California State line 927 miles. This last portion may be lessened by the Central Pacific Company meeting the road at a feint further east than the California State line. The consulting engineer, after a careful examination ef the whole subject, reports that the grales upon the toad, so far as It has been located definitely, are muoh ?ore favorable than its most sanguine frienda antici pated. He sayi:? From Omaha to the eastern base of the Rocky Moun tains the maximum grade will not exceed thirty feet per mil* From that point to the summit or divide of the continent, at Brldger's Pass, u will not exceed eighty feet to the mile. From Brldger'a Pass to the eastern boundary of California the preliminary survey shows no necessity for grades exceeding one hundred and sixteen feet per mile in distances of a few miles each, and it is believed that a final location will be made with a much By section 2 ef the first act above referred to, Con grses granted the right ef way and tbe privilege of tak ing materials from the public lands for tbe construction oT the rsad and ef the teleginph line; aleo in alternate eeettowe on snob side of tbe road, twelve thousand eight handrod acres of land per mile; and in further aid of tbe construction of the road and telegraph line, a loan of thirty-year six per oent United States bonds to the ?mount of $16,000 per mile upon the portion or the road between Omaha and tbe Rocky Mountains (five hun dred and seventeen miles), and treble this amount of boads for the next one hundred and fifty miles, or Rocky Mountain section, and double the same amount tar tbe balance of the line. Tbe United States government Issues these bonds te tbe Union Pacific Railroad Company, and pays tho In terest upon them for the thirty years which they have to inn out of the United States Treasury, only requiring that the company "shall, at all times, transmit des patches over said telegraph line and transport mails, troops and munitions of war, supplies and public stores, upon said railroad for tho government whenever re quired to do so by say department thereof, and that the government shall at all tlmea have the preference in tbe am ef tbe same for all the purpose, aforesaid (at fair and reasonable rates <of compensation, not to sxceed tbe nsaeunt paid by private parties for the same kind of asr wicel, one-half of said compensation to be applied to tbe payment of said bouda and interest. " By ssction ten ofHto amendment of July % 1M4, "the Union Pacific Railroad Company is also authorized to Issue Its own first mortgage bonds upon Its railroad, veiling stock equipment and telegraph lines to an amount not exceeding tbe amount of the bonds or ths United Mates." And to these first mortgage bonds so issued ??the lien ef the United States bonds shall be snbordi It hss already become evident that the government will be largely compensated for tbe loan of their bonds ?Bd the payment of the interest thsreou by the dimln inhed cost and increased rapidity of their transportation and tbe faciiitiea of telegraphic communication. The resources of ths company, then, for building the road the first five hundred and seventeen miles, to the beee of the moontalna, are:? From stock 910,000,000 From United States bonds (.272.000 From company'* first mortgage bonds ?,272,000 Tnlsl $20,644,000 ? with 6,017,000 acres or land not included lu above ; and for the mountain section and road weat of that an equal amount per mile, with the additional amouata ef gevernmeat bonds per mile as before stated. Tbe cost ef the road ao tar, over aad shove tbe amounts derived Asm the eale of United States bonds received end by riepen tha tret mortgage bonds, has been defrayed money furnished by the stockholdsra, five minions of ths nbove ten millions of stock nubccrlptioae having been paid. During tbe working aaanen of 1M0 tbe company oompieted Mi miles, to gether with machine shops, station bousss, rolling stock nnd telegraph linss, all included, at a cost of $90,000 per nalla Much rapidity of sxscntlon baa perbapc never been equalled m any other work ef the kind. Every preparation bee been made by the company for the proe ccatluo of the work with even Increeoed vigor during the present esaeon. All necessary materials have been provided to eompleta tha read to tbe base of the Rocky lhauelaiaa, aad a very large quantity of them are now ea the spot reedy for nee. Track laying has bsen com mines! sad is already progressing st ths rats of two miles per day, giving sssnmnce that the contractors wilt fulfill their agreement te complete the work to the foot Of the Rocky Mountain* by the 1st of September next. A mags men is are alas mads for the grading la advance Of tbe heavier portions of the werk in the Rocky Noun tats section, se thnt the track-laying may then proceed Marly or qslte as expeditiously ss on the more level portions of ths Una, As the Central Pacific Railroad Company at th* California end are prosecuting the work with great vigor aad seocess, N Is exported that the Whole line will b* completed to ISM We will not veo tare upon nay sstliaaie of tbe amount ef traBc which will peas a pen th* sntlr* lta* whs* completed to the From prsesst or pone nee N ssems obviou* that tbe bealncas of tbe anoemptoted line will at every stage of Ma program yield e profitable return upon the Invest ment. The public are already tamiilar with the gnat mineral reseurcee of tbe mountalaoas portions of tbs country through which tbe road pass**, but it Is aol se generally known thnt the grant Pintle valley aad plains are good agricultural lands capable of sustaining a large pepiilatioa, aad ef ^applying the mining districts from their surplus productions, indicating also In the lutere na exchange of products, of which the rand will be the instrument. Some years ago the amount from the Kaat carried ?tor the plains by teams, a distance of ov?r six hundred ml lea, exceeded forty million pouads In one sseeoo, aad i then twenty-seven thousand teams, landed for the Went, left from only two potato en the Missouri rivsr In eee year. Three hundred aad five mi lee of this transit la now performed by tbe I nion facile Railroad. The completion of tbe < ednr Replde extenaion of the < hicage aad Nortbweetern Railroad across Iowa in January last csnnecis this road at Omaha with Chicago and with ail Raaiern railroads, markets and eeaboard, thereby brdinc greatly iaeroaeed lacliitiee for the concentration ef the entire overland trade upon this route. But count ing nothing upon the greet increase ef business, with tsciiitles, tbe forty million pounds of freight getag over the three huadred and five miles already completed, would give a groc* receipt of $1,000,000 per year. If to this aasoaat ws add the receipts for ths cnrrlage ef paassarers aad mails aad ths transmission of totagraphtc itesptaihsB. ins amount would be swotted to nearly $2, *00, MO par annum. And with tbs increase ?f bant nam at leas* one- half that seas or $1,000 000 may minaaliiy be eoaatod apon as ths net profit per sanam tar each three hundred aad five miles of road, to be laereutad when the whole lies is oompieted wear res imauim mtgmuax the government m lie charter required that tbs line ? the Union Pacific rem* mould extend from n feint in ?he en* hundredth degree of we* longitude, in tbe val ley of the Platte, to the eastern boundary of California; bet at the ssseo time provided that ths railway* of Mie Fsssm, town aad Mlaocoota? aad In tact all roado ?? ? msmrn atoa shoeid be anitad with it Jt was ?too provided IImi ths Central Railway of California should bo constructed to the eastern bate of like Stem Nat ad* m Um mom tarma Tbua Um great work from eeeaa to ocean was provided for Id aucb a war ibat all lb* ratlwaya on both aldea should become Ito feeders. TUB OB1GINAL SCKYCT*. Purine the year 1863 the surveys necessary for ths lo cation of tba drat oaa hundred mils* of Um road weat of Omaha Citv were made, and tba work of constructing aad equipping this portion of tbe road waa placed uader contract early In tbe seaaon of 1S04. Two en?laeerlog paritee were alao employed in 1803 to examine what were considered to be tbe most difficult portion* of tbe route weat of tbe Great Piaua Valley. Tbe results of theae surveys are embraced in tbe published "Report of tbe organization and proceeding* of tbe Union Pacific Railroad Company." In the spring of 1804, throe field parties were organized for tbe purpoee of continuing tbe explorations aad experimental surveys in tbe mountains west of the head of Great Platte Valley, and one party to complete tba loeation of tbe second division of one hun dred mile* west oi the initial point flxed by tbe Prealdent of the United States, on the west bank of the Missouri river, In township 13 east, range 16 watt, section 10, near Omaha City, Nebraska. The surveys were continued westerly from tbe termin ation of the llrst one hundred miles durtug tbe summer and fall of 1804 to tbe one hundredth meridian of longi tude, a distance from Omaha or about two hundred and tlfty miles, beyond which point it was not considered safe to go, on account of the armed hoetllltiea of the In diana From the termination of this survey no line baa yet been run to the bead of the Great Platte Valley (or eastern base of the Rocky Mountains), a distance of about three hundred and twenty-five miles. It haa been ascortalned, however, from observation, that there are no natural obstacles in tbe way of constructing a road from almost any point on tbe one hundredth meridian that may be established by tbe President of tba United States to the best point of crossing the most sastorly range of tbe Rocky Mountain*. raoaRMB or Tin. wou. In April, 1805, about torty-six mites of tba road was constructed from Omaha, west, and early in 1800 tbs work was recommenced and such progress made that at the conclusion of that year 249 miles more were com pleted. so that tbe snort of the locomotive was beard 306 miles from Omaba, up tba Platte river. The work was suspended for a while, but has now been re sumed, witb the prospect of being continued without Interruption to tbe end of tbe year, when it is estimated 250 miles more will be Onlsbed. making a total longth of (50 miles, or nearly to tbe base of tba Black Hilla. By the end of 1870, if all goes well, according to tbe ex pectations of ths company, a railway across tbs conti nent will be an accomplished tact, and a great highway of traffic from China aod Japan to Europe will be thrown open. Such a railway will carry population witb it, and towns will spring up in tbe valleys Mid on tbe mountain sides, and lands now worthless will become valuable. In speaking of tbe powth of population along tbe road as tar as it already ext nds. Colonel Seymour writes: ? It Is astonishing what life, energy, activity and enter prise tbe Union Pacific Railroad lias Infused into tbe cities, towns, villages and settlements through which it passes. Stores, habitations, schools and churches spring up as if by magic. Fremont, forty-six miles west or Omaha, has grown up from a quiet sottlement to a brisk little town of some 800 to 000 inhabitants. Columbus, forty-five miles further west on the road, has manifested similar improvement There have been 7,000 lots added to the city. The population Is now about 1,100 and rapidly on the increase. Kearny City and Fort Kearny, heretofore known only as s military post, have (by the railroad) been inspired by a progressiva spirit that is creditable both to the city and road. thk no era. The initial point of the road? Omaha ? was selected by President Lincoln because of its advantages as the Junction of the Great Platta river with the Missouri. Thence, after a care Ail survey, tba routs was selected up tbo Platte Valley to the SonUi Fork, and onward by Lodge Pole creek and over the Black Hills by the Gome Pass; thence over tbe Laramie Plains and through Bridger's Pass to Green river, a branch of tbe Colorado, and on by Salt Lake City, tbe Humboldt Mountains and the valley of tbe Humboldt to tbe 8lerra Nevada. Tbe following table sbows the distances between and ths elevation above the level of tbe sea of the principal points on the I'nlop PaciDo Railroad, from Omaba to San Francisco:? Dittanre Above Sea in Mile*. Level, Feet. Initial point on Missouri river, Omaha ? 905 On Hundreth Meridian 247 2,504 Mate Rocky Mountains. 617 0,019 Summit Evans' Pass * MS 8.242 I Aram I e river. 578 7.175 Summit Rattlesnake Pass. US 7.500 North Platte 807 ?,6T>6 Bridget's Pans 000 7,034 Green riv?r. MB 0,002 Read's Summit. 910 7,6(0 Salt Lake City 1,035 4.2M Cedar Mountains. . a American Desert 1,141 Humboldt Mountains. ? 0,126 Humboldt City 1,243 6,220 Truckee river 1,626 Nevada and California state lute.. 1,600 Summit Hurras 1,020 7,042 Western baa- Nevada Mountains.. 1,700 ? Sacramento City 1,710 Uldewater) San Jose 1,830 (tidewater) Ban Francisco. 1,800 (tidewater) Omaba, via Union Pacific Railroad and branch to Denver 090 6,302 TBS WAYS AND MKAN8. Tbe oompany has a right to luoe its first mortgage bonds to an amount equal to those of tbe United States Issued to it, tbe same to be of an even tenor, date and character of Interest with tba bonds Issued by the gov ernment. Tbe distance from Iba terminus at Omaba to tbe California State line at tbe eastern baa# of the Ne vada Mountains Is estloMtad by tba surveyors to be 1,600 miles, and supposing tbe oompany to cross the whole of this ground with their track they will have received $44, 208 000 in bonds from tbo government, and have ac quired the right to Issue an equal amount of tbelr own bonds, constituting a prior aad first Ilea apoa ths property. 1 he grant of the government to tha oompany of every alternate section of Isnd for twenty miles on esch side or tbe road, making In all twenty sections, is equal to 12,600 acres for each mile of railway, and 20,032,000 acres for tbe entire distance. And this land grant, beaides in cluding all the mineral deposits, giveri to the company Iho right to all tbe timber it may need on any government land within lea miles of tbe road oa either side of the entire land grant, from Omaha to ta? eastern ba?o or the Nevada mountains About nine and a quarter millions of acres are estimated lo be good arable land. Of the Platta valley the reports of tbo engineers say that the portion east of Fort Kearay "is not excelled by any coun try of similar extent on the continent for Its adaptation to agricultural purposed snd tbe sup port of a dense population.'' Over tbs Black Hills to tbs Laramie plains the country is rough aod broken by rocky cahons and gorges, but timber and building sione are moderately abundant To the west of tbe Black Hills tbe road as laid out runs for a considerable distance through tba valleys of the principal streams and their tributaries. From Salt Lake City tbs llae will Cover dry deserts or broken mountain ranges for two ilred miles to tbs valley of Humboldt river, when arable land Is again reached. Or this valley Fremont nays ? ' lis own immediate valley is a rich alluvium, beautifully covered witb blue grass, herds, grass, clover and other na<ritioua greases ' Bat oa tbe other side of this valley is a dry, sandy plain. This gives a general idea of the territory through which ths road bat to ran aad tbs difficulties attending construc tion. It is Interesting to lean that from tbe bass ef tha Rocky Mountains to tba summit, a distance of thirty one miles, the average ascent is only aeventy-tbreo fast per mile. The following is a recapitulation of tha msaas for 1,605 miles of railway :~Ustted Statoa bonds, 644,200,000: first mortgage bonds, 144,208.000; land grant 20,0^2,000 acres, say $30,000,000; staking a total ef ?11M1?,000 rooeracia or rarvixntM aim ium. Tba i screw*' of population la the West is already estimated at ths rate of tvafold svsry twsnty years, so that In 1800 there will be, according to this ratio, ten millions of people la tbe Stales wast of tbs Mississippi, aad tba extension aad final comple tion of this road will do much to stimulate the settle ment of tbe coontry and Improve tbo value of land oa tbe outskirts of Wsstora civilisation, so to speak, and In this connection it may be mentioned that in 1036 the best lands ef Illinois were purchseabie st fifty cents par sere, and In 1M0 tba Illinois Ceatrai Railway Company were selling tbelr toads at aa average of twelve dollars aa acre. With respect to tbe buslnesn prospects of tba read after Its complsttoa we hare bat saaaty data oa which to base calculations Ws may dsdoea inferences from facta, however, aad make due allowance far tbe Impales to our China trads which tha opening of a line con necting New York with San Franc loco would give. More l haa two buadred aad twenty thoussad tons it Is estimated are carried Westward annaally, including ships going round Caps Horn, stsamers oeaaecua* at Pnaama with California aad China and overtaad trains and stages, la addition, tba passsnger traffic is very hoary, sad s?arty equal each way. The road, connecting as it doss two eceaaa, snd passiag t>r the great mining rsgioas of Idaho, nan use aad Nevada, caaaos bat develop new featuree la tbe trade aad commerce ef tbo country, aad it is obvious that they most each serve so a practical lllaotratioa of the feet that -Westward tbo matwh of umpire takas Ma ?ar." uinut mvrass oa nrs uwaiai. Omaha, ths capltsl of Nebraska Territory sad the east ern termlnc* of the Union PeciOc Railroad, Is Hasted oa tha Mlmoori river at forty-ono degroos fifteen mlauteo north latitude, fifteen miles above Tie Junction with tbe Platta. It la very nearly la the middle of tbe river front of tbe Territory and 1,000 feotabore ths level of tbe so* Thr surface ot the Territory gradually risoo to Um north and west, aad at Fort Koaray, 178 miles west, tbe ele vation is 2,300 feet It nowhere attains an elevation thai eaa be sailed a mountain, bat rtoea canity In a eeriee of tow table lands and rolHng hills. Tbs general direction of tbe Missouri rlvsr Is a little seal ef south. The Platta baa the general direction of northeast, though It varies very much In Its course, running sometimes south snd even soutbsnst Almost all of tbs larger streams aorta of tbo Platte flow tnto It. la the northern part of tbe Territory a few law directly into tbe Miaoourt. Tbe Mis souri river, therefore, does not alfcet the topography of the sssisra pert ef tbe country except within n few miles of its bluffr, Its dirids being usually from six to tea miles from tbs rtvsr in Nebraska In lawn It s (fleets u>s oeaa try mucb firtbtf MM* The tribntah?e or the Ptatta on Ito north side are quits Isrgs aad dlvld* tbe country Into ssesral distinct val leys, each one having its own wntor abod aad varying 10 its features with tae sirs of tbo stresm. Tbe largest of ?bees straaass wlthia tha firat oae huadrsd miles are the Elkbora on the east aad tbe Lang Fork on tbe west. Between tbe Rlkhorn aad the Missouri is tbs soMlier volley of tbe Kaptllen, aod botwosa tbo Elk born aad tbe Long Fork that of Swell creek South of tbe Platte river tbe etrsosas which Sow into M are generally email. Tbe only ease ef eery tosportaaoo ara Skull Creak sad Malt creek. The other streams of say stoo sro either tributaries of tbsos sr Saw late the Blao, which Is a tributary of tbo Ksosss river It will tbua be seen toot, topographically, tbe Platta Is the aaeot impenaat river of Nebraska. It baa bo other Importaaoe, however, so lie stream la very rapM sad shallow, changing its se ea sel often It ? obotruotod la all dlrsstlsas with earn ing saad bora, aad Is loo Usssn n la ebov Of Mo petm? msrtortot On the north tide of the Puuta the general direction of Its tributaries u southeast, while their tributaries ?re generally nearly parallel to the Ptatle. This dispo sition of the riven of the Territory would Moot to indi cate at least two series of geoloKlcal disturbance nearly at right angles to each other; but do trace of water courses formed by rupture of the surface can be seen In MT of the rocks. Where they are exposed to view tuey exhibit but very alight murk* of disturbance. The dlpbf the rock Is tods taut ami apparently never as great as ono degree. The river valleys appear to be exclu sively valleys of erosion, snd their formation can be seen at the preeent time going on both on a large and small scale all over the country. Most of the streams on the florlh side have high earth bantu, and, like the Missouri and Platte rivers, rapid currents. They ?re sab. Ject to great fluctuations Id their height, rising and fall lng rapidly, and their waters are rarely, if ever, clear. Skull and Salt creeks on the south ode have, however, rock bottoms an<l clear water. All of the smaller streams have In turn their tributa ries. These are frequently dry exo.pt Just alter a raia, and sro usually nothing more than the obsnnel of tbe waters flowing from the surface. These, hovrover, as well as the continuously flowing s' reams, have their rise In slitfht depressions In the surface, which would not be detected by the eye exoept for the direction ef the cur rent. It will thus be seen that the oountry is cut up I nto a series of valleys running at anglea to the Platte, which correspond in him and Importance to the rlrera flowing through them. Theee main valleys are inter seeled by tbe valleys of the tributary streams, and these again by others giving rise to that peculiar alructura of tbe surface known as rolling prairie. In ascending any one of tbe stream.-) we tlnd a rich valley which Is more or loss broad according to the position and Imporlanoe of tbe stream wbich flown through 11 This valley is usually called the bottom. The banks of the larger streams are generally quite low, sad are separated from the bottoms proper by a terrace of varying width. It la from two to threo feet high and forms the banks of the stream. The bottoms proper commence with tip next terrace, wbich Is of about tbe same height. The-width of those bottom lands on the Missouri river varies from six to eight miles, on the Platte from threa to six, on tbq tributaries of the Platte they vary from one to two. They are composed of rich, all . vial soli, and are in many cases covered with tlmbor, when the bottoms are liable to overflow. Tho smaller sties me have also bottoms. Their banks are often fifteen or twenty feet high, and are almost always of earth. Tboy show the general tendency of the soil to assume a vertical poaitlon rather than a talus. There is usually but one terrace and that is the bottom proper. All these small streams are sub ject to great fluctuations, but rarely leave their banks. The bottoms are never so wide as on the larger streams, and their banks are usually covered with "openings'' of hard timber. The Platte rarely leaves Its banks. Ita tributaries, where they enter the Platte bottoms, are liable to overflow in the spring freahais or after a very heavy and lone continued rain. From the bottoms proper there Is a gradual rise to ths blurts of the third terrace. The height of this terrace above the river is about ilfty feet at Omaha. The city Ib built upon It The blutts proper of the river are at the loot ot a fourth terrace. They are of variable height. At Council Blufffc they are two hundred and tweaty-ilvo feet above the level of the third terrace. They consist of a series of low ascending bills, which constitute the divide of the waters of the region. Tbe divide botween two atreama ia always broken up by the valleys of other streams, which are tributary to them. Tbe top of the divide from which the waters actually flow in different directions, is called the ''back bone,'' and Is usually very Irregular and crooked. Upon this back bone almost all the roads of the country aro built. They (olluwin moat cases old Indian trails, and are generally the most expeditious routes of travel, since they present the least incline, and allow of carrying the maximum load. This disposition or the valfoya of tho streams in terraces grows Indistinct as we go wast, and is frequently limited to tbe flratand the fourth. It frequently happens that tn the bottom lanrta there are apots which fail below tbe level of the riven or of any drainage. These places give rise to sloughs which may be of almont any sice; sometimes they are simply tbe collection of surface waters and dry up after a rain; sometimes they are supplied by springs, and at others they are caused by the obstruction at one or both of their ends of tbe former channel of the river. These support their own fish and never dry axeept when the bed of the stream dries. 8ometlmea aucb aloughs are from a quarter to half a mile in length, and from fifty to a hundred feet wide. They do not appear to have any connection with the river, but their water is of the same temperature and clear. Tbey are probably supplied by filtration through the gravel wbich underlies the whole of the bottoms at the depth of tan or fifteaa feet. All the streams, whether large or small, take their nee is alight depressions In tbe high rolling prairie which are elthor sloughs or spring*. These are some ttmsa wan defined, and sometimes only low moist groaad ?in which (fee stream la formed Imper ceptibly, small disconnected sloughs appearing at first, grew lag larger sad at shorter lateirala, . until gradually the banks of the stream assume a defined form. It la frequently dMBcolt to determine the direction of the flow or the water at the bead of these so very slight is the Inclination or tbe surface. The water tn such streams has usually about the tem perature of the air. This method of formation Is par ticularly noticeable at tbe head of Calahan creek, south of the Platte. As the banks of ths stream become wen marked and deepen It commoncee to form bottoms. Theee usually commence In a bend of the stream upon the concave side. As the bottoms are entirely alluvial the stream Is continually varying its banka and changtug Ita channel. As tbe carves ia the rivers embrace very large tracts of rich land, which are protected from fires, tbe bottoms produce a very large amount of Umber. Tbe banks and narrow bottoms of tbs smaller streams are covered with brush and some oak and other trees, whicb are either la clumpe or scattered, so as to form "open ings." and do not prevent the cultivation of the ground. Occasionally these trees will be found at a little distance frem the banks of the stream and In the same direction. It Is nnusaal to find them at any great distance, since they then loae protection frem tbe prairie fire*. POLICE IBTELLIQE&CE. Ailbgkd Bor.cs Check Hwisdlr.? Detective Radrord yesterday brought before Justice Dowllng Mrs. Maris Jane Brown, otherwise known as Mrs. Walters, on the charge of fraud, on complaint of Mrs. Allda Parrain, doing buainaas at No. 37 Bond etreel. Mrs. Parrain. In tier atlldavit, sets forth that on or about tbe 1st day of April the defendant came to her place and gave ber name as Mrs. Walters and desired a job of work dune. The -accused then gave Mrs. Parrain some black silk which she desired her to make- up into a drew, for whioh service she agreed to par $06. Mrs. Walters then bargained for a bonnet and a cor net worth fl. On Saturday last tbe accosed called for the articles, in payment for which she tendered Mrs. Parrain a paper purporting to be a check for $76 on tbe Bank of America, drawn by R. M. Cam ming. payable to J. C. Walters or bearer. ?!rs. Parrain, believing tbe check to bo genuine, reoeived U and deliv ered the goods to the defendant. Subsequently tbe com Binaut sent James Moody, a lad in her employ, to the k to get the cheek cashed, when tbe paying teller inlormed blm that no such penon as K. M. C'umming bad an account in the bank, and that the check was or no value whatever. Mia. Parrain therefore charges Maria Jane Brown, aliaa Mrs. Waiters, with obtaining from ber goods valued at $M by means of the false check, and with tbe intent to cheat and defraud. I7ie defendant, who is a very stylish appearing woman, ghout tbirty years of age, was held for examioaUoO. gbe lives ia East Twenty -seventh street. Tn Bosasav rnon Swtairr Ksixv? Asonnta Anrr ? Edward Detsby, one of tbe persoaa Implicated with Sig rauad Abeles, previously arrested, charged with steal* lng (MO* worth of sofa glsass frem the poasa salon of Sheriff Kelly, aa previously reported Ib the Hsrald, was yesterday taken into custody by officer Ferguson, of tbe Tombs Pol toe Court, and arraigned before Justice Dow llng, who required him to give bail in the sum of fl,000 to answer tbe charge. The accused Is arty-one years of a a aative ot Hungary, and Uvea at So. 30$ East For rst street. Aunaae Pint Bossaav.? Ellea Hefferm aad Ann McDermott were yesterday brought before Justice Dow. llag, oa the charge of having stolen glOO in Treasury Betes from tbe pocket of Blchard Soy bold, residing at Mo. ad Sixth street, by means of the panel game. Sey bold aoeompanied Mary Ana to No. 100 Roooevelt street, aad while there ia a room it te alleged Ellen stealthily ea tared the apartaaoat, through a secret eatraece, and, as charged, rifled his pockets ot the money. Testimony wss offered going to show that Kllea, subsequent to tbe robbery, was saea to lake a quantity ef Treasury notes from under the stove la her room, aad said it bad been taken frem the complainant. The aeeeeed parties were nommWted to the Tombs for trial tn default ef bail. ftaurm lusa. ?Louisa Millar, a German woman, wall kaowa to tbe police aa a socosssfnl shoplifter, waa yes terday brought before Juetice Dowllag oa tbe charge ef stsaling a piece of mastta, valued at ISO, from the store at Alexander Irvine, S70 Bowery. Lea lea entered the stars under the pretence ef maklag rne purohaeea. and while there wae detected la the act of accreting the goade la a large pocket ef ber dreen Tbe eceased wss committed for trial. Twuma m Rbsith Laws.? Patrick Daley was brought before Justice Dodge ysaterday, obarged with vieiaUag tbe Health laws in driving cattle through tbe blio streets, He was held to answer In tbe aum of public fSOOl f-aaenrr Ajm BraaLanr.? Ob Mooday last the Fifth precinct police lack lata custody Mary Ann Smith, alias Lacy, allaa Mary Marray, en tbe charge of rebbiag Mm Eliza Wagers, of MS Washtagtea street, by wacm ebe bad been employed, of a quantity ef clothing valued at gaaa yesterday Mary waa taken before Justice Dow ling sad committed. Hutvequeatly Caputs Jcurdan, of the Sixth preciact, arrested Aotolno I stag aad Louis Brown, suspicions characters, oa the charge ef being concerned In a burglary la New Jeraey. The woman Smith, ea seeing the prtecners In eoert, identi fied them aa tan men who had committed a barglary la the house of ber employer. Captain Jonrdaa then delivered his prisoners ever te Captain Petty, ef the Fifth precinct, and tbey ware committed for a hearing The wwann Smith Is alleged to he s dsooy thief, engaging beraeif as domssUc, aad improving tbe first opportunity to ndmlt ber asals confederates te tbe heuss for the purpose ef robbery PaasowiTTM an On**? Ob the "feeing of the STth iastant, while Hoary WL Harris is, sf No. IT# Bread way, waa walkiag through the ban of the St Nicholas Betel he was aldrigsid by a maa who rap r scan ted hiatseif aa being a detective, and wanted oemplalaant te aooompaay blm te Jeffereoa Market Potioe Oourt Mr. Harrison re fused, and the man started, aa be aatd, to get a warraat to arreet aim. Ob amklag aeaao iaqubles Mr. Hamsoa ssoertataed that tbs aMa who sddrsaeed him waa act He therefore sensed bis srreat aad bad him Jaettce Dedge ysaterday, by wham be ? mum mi 9 Hp m THE COURTS. UNITED STATES CIHCIHT COURT. Opinions I* Caere on Appeal. Before Judges Nelson uuJ Smality. la the United State* Circuit Court, Judge Nelson pre. siding, the following opinion* IB rtM on appeal were yesterday rendered:? IMPORTANT ADMIRA1.TY QVMTIO* SITTI.E1>? CB1SV RNGI NSKOS OV OCOAS SnUMKKS HAT UK* AJiU Ola. HARMS nuxo. Alfred HatUnby cmd other* w. Tike Steamehip Rfpnblic ? Nslson C J. ? Tins libel was tiled in the court below by seamen who had signed shipping article*, for being un lawfully discharged from the ship. A dispute arose as to tlie wages? the master refusing to allow the men the sum monthly specified in the articles. It la not seriously disputed in the proofs that tho engineer had the an thority In this instance to employ the men engaged In hoi department, nor that ho nad agreed to the wages stipulated. The dispute seems to bo aa to the fact of discharge. It 4* Insisted for the ship that when tbo men were told tbe master would not pay the stipulated wages tbey left of their own aocord, or, if they did not, wore discharged by the engineer; that be had no au thority to discbarge them. It Is pretty clear that the uien did not leave of their own acoord, and the court below have found that tbe engineer, who admits he discharged them, had authority for so doing t'rom the master. The question was mainly one of fact, and we are not dl?pusod to interfere with the finding of the court below on the proufsi Decree affirmed. Bk'UMUeiON TO AMD AWARD or AkBlTHATORS FINAL III TBS OOt HTH ? ATE OLD TKLK. IKAI'U UTiQATIO* StTTLKD. Samuel f, B. Morse ami o'A ?r* c?. O. P. J. .Visit*.? Nkl-os. C. J. ? This ia an action of covenant against the defendant founded on a submission to an award of arbi ? tiatoN. The submission ia martiOclally drawn, and moat of the objections that were taken during the trial arose out of this circumstance. The merits of the case are quite plain and easily arrived at. Tho nbmia?ion show* that a litigation was existing between Morse and tbe executors of Vail agalnM Smith, arising out of cer tain agreements concerning Morse's telegraph ; and that nil suits and causes of action between the parties, and also all causes or action between Kendall and Smith, had been amicably adjusted and finally and irrevocably Bot tled, with tbe following specified exceptions, namely:? First, a claim for stock and dividends ia the Wash ington and New Orleans Telegraph Company on tbe part of Smith against Morse, and tbe executors of Vail ? and also a like claim on the part of Mono and execu tors against Smith. Second, a claim of Smith vs. Morse for moneys for tbe invention of the telegraph re oeived from sources out of tho United States. These cla'ms were submitted to Thomas H. Walker and B. O Olden as arbitrators, and in case of disagreement tbey were to appoint an umpire. The case was beard before the arbitrators, who disagreed, and appointed Abijab Mann aa umpire. The i ase was again beard before htm, ail parties app ar1n? and producing their proofs? and on the 22d of May, 1842, he made his award in favor of Morse and tbe executors, of certain amounts payable In stock and in money as per submission. Tbe award is upon the subjects submitted to tbo arbitrators and um pire for a hearing and determination, and Is not re- ex aminable here. Indeed, we perceive no reason for doubting its entire correctness If examinable. A principal objection is, that tba submission, after naming tbo arbitrators, refers as follows: "as provided In articles of submission this day executed"? which ar ticles were not produced at the trial, nor before tbe arbi trators or empire, and, in truth, bad no existence. Tne facts are, as appeared from the proofs, that tbo parties, through their friends, bad informally agreed on tbe terms of the submission, which were incorporated in tbe for mal submission under seal, and the Inartificial draftsman must have bad in his mind this Informal previous ar rangement In the reference made. What confirms this explanation is thai both parties appeared before tbe arbi trators and umpire, and no notice was taken or this part of tbe submission or objection made on account or the non- production of tbeso articles; but all parties ashum< d that tba submission ander seal contained the whole of the terms agreed upon. Another ob jection li>, that tbe aubmlsslon was signed by Kendall individually, and that he was not made a party to the suit But the submission contained covenants of settlement of various dispuKw and causes of action in which Kendall was personally concorncd, and tbe Instrument is to be construed distnbutively, which explains tbe meaning of bis signature. The cove nant of submission was exclusively between the parties to tbe salt, in which Kendall had no personal Interest. It Is also objected that Kendall, who executed the sub mission as agent for Morse and tbe executors of Vnli, had no power or authority aa agent, nor Wto any shown, to do tbo act. But tba Instramc&t dontalntu* tbe settlement between the parties and tne submission recited that Kendall was agent, and made tbe settlement an each far Mane and the executors, and agreed at the same time to tbe terms at saben lesion ; and Smith, who was a party to this settlement and submission, moat have been satiaflad with tbe Bb thority. Besides, Ken dall appeared throughout before the arbitrators and um pire on one side aa agent, and Smith on tbe other, and no objooiton waa aver token to bia authority. We think the objection cornea too late. Without pursuing the ob jections further we think the verdict below was right. | and a new trial most be denied and Jndgment entered for tbe plaintiff. SUPREME COURT? CHAMBERS. The Chlrags and Northwestern Hallway Com pany Imbroglio. Before Judge Sutherland. The People V Ms Sfct's </ Jfem York ex. rel. Rufut Hatch w. Jtkert L. Pritchard, Trtaiurtr <f ths Chicago and Northwtttem Jlaitway Pomp amy. ? The argument on the motion for aa order to show cause why peremptory mandamus should sot Issue to compel tbe respondsnt to farnlsb a stock list of the company and exhibit the transfer books to the relator, wss resumed yesterday before tbU Court. Mr. Allen argued at great length on behair of the re spondent, Pritchard, to the effect that tbe Court could not interfere by mandamus to enforce a doubt ful right which he claimed existed In the present esse, lhe relator desired to ebtaln the inspection, not for any object )<avlag for its final result any particular advantage to the corporators and stock holders of the organization, but merely a private object, vtx. : to tecore a list of tbe stockholders and tne amount of stock controlled by them. In order to obtulu their proxies, nnd thereby secure a result favorable to the views lie entertained relatuo to tbe organization and ?lection or tbe new board or director* If It were a sub stantial personal right which tbe relator claimed, the mandamus might with more propri'ly Issue, but in the present aspen of the cn-e the relator sought by legal process to o'otain tbe assistance of the courts in compel ling lite respondent to aid bun In securing tho right to excrrtee the franchise of others, by obtaining their proxies and voting on them at tbe coining election. The Court held that it was difficult to define in what Instance mandamus nngbt not issue to any stockholder of any corporation tinder tbe .statute of Mew York, pro vided such stockholder --hewed himself before the Court to be a i>na hd> ho. dor. The statute provides tbat any stockholder may inspect the books ot a corcor uion with which be U connected, without defining what the neces slti?-s for euch inspection might be, even though tbe ap plicant might be impelled by curiosity only 10 demand the privilege. As the statute doea uot provide under what clrciimstoBi-es or fur what motive the examination sought may be granted, U wss presumable that the proof of atandlng m Uio corporation as s stocKolder is alone a sufficient cause lor granting the writ to com pel Inspection, unlem some Illegal motive en the part of tho applicant I submitted in the papers by the oppoaing counsel. Mr. Allen contended ibat In the case under argument the court had no Jurisdiction, the corporation belmr or. ganixed by and existing under the laws or a foreign State. The Court here remarked that though the corpo ration was bey cmd the control ef tbo courts of ibis Slate, Its agent in this city was amenable to and under It* juris alction. An affidavit or tba respondent was also read by Mr. Allen, setting forth that Mr. Pritchard had net in bis possession or ander his eontroi at the Ume the demand waa made, any transfer book or books oT the company; tbat no such books were in his possession now, nor bad been in his possession or under his control at any time sub sequent to such application. This affidavit was In trod need by reason of an objection by Mr Laroque, of counsel for the relator, that an affidavit designed to produce snch an Impression or belief, and wtiioh was ottered in the preceding day's argument, was evasive and not suffi ciently explicit. Tbe statement ooataiaed ia the affidavit of yesterday, was denied by Mr. I/arocque, who contended that tbe respondent had psssnmlon or control within the time Specified of the transler books and stock list. Case argued and decision reserved. COURT If 8TEIUM TERMINER. The Bseowd Avssse Areas Case. Before Judge Miller. Tbe oourt was densely crowded yesterday morning to hear tbe conclusion of this ssse, standing room being barely poaaible, while every available eeet was occupied. After the usual preilmtaarr businsss. Mr. Brady, tba counsel tor tbe defease, addressed tbs jury m behalf ef the prisoner at tbs bar. He commenced by lint brlely ik etching the enormity of the crime of arson, particularly where the lives of ssvrrsl innocent persons are seen flood, aa in this instancs, for tbs sake of gain oo ths part of any one accused or the rrlme. Re thsn went into n brier analysis of ths laws of evidence, both circumstantial and corroborative, and especially upon such as bad particular reference to the bearings of this particular caae, and he then proceeded to comment upon the statements or the venous wit aessss In tbe SMa Thte man bad been tried before en thin seme accusation, and the Jury, although tbey bad deliberated for more than seventeen bourn, were uenble to come to any verdict. This showed tbe many discrepancies tbat were In tbe former evidence against Haas? discrepancies which were already (hlriy cleared op by the witneassn for ths de fence ; snd bs was eonfidsnt that a body of learned and intelligent moa such aa tbs preeeat Jury eeuid not and would net And John Kane guilu. The argument ta contlnnattoa was to tbe effect that there waa no evidence to prove that tbe prisoner hsd set the boose en Ire. It might as well have been done by anybody else. II was the principle ef Obineee justice to make some portion tn tba district wherever any crime wss committed answer able for tbe crime, although It may have bean known to be doae by a person la seme other district. Ths conneel was oonfldent tbat although we had a trosne ef clever Japanese Jugglers at tbe Acadsmy ef Music, nad tbe peopis flocked to see them, still we were not going beck, in the enlightened city of New Tortt, to tbe oysiem ef Chinese Justice I Ae enure points ef Mr. Brady's defence were directed to the theory that sesse one else meld easily havs committed tbe arson, if araoa it wars, and have gene off withou ? being recognised. Koae, he mid, bet Ash an had any thing to do with tbe Are er to knew anything about it, and hie teetimeay wee the mom seaftcttng given on tbs trial Mr. Brady ssnstodsd Mi sddrass at twelve e'eloek, after bavlag jokea for aserty two hour*, whsn toe j Tbe Attorney Gnrral Mr. MartlndaJe, then addressed lb* court Mid jury for tbe protwcutioo. He warned the genilumen of lb* jury that on their verdict would rest the happiaese or bring on the pualehinent or freedom of the prisoner, and iMieought then not to be led away by any captious or ambitious thoughts to detract their minds from tbe important points of the case they bad to decide un. He then went into every detail of the evidence brought forward for the defence, and oloeely reviewed the address of the counsel for the defence, and enlarged apon tha point that there waa no rule In ?itstence to compel tbetn to reject the evidence of Bhehan. In the case of the People of S'ew York va. Madam** CoetvUo, In 1845, the court ruled that it wan allowable, where evidence could only be produced by an aocotupllee, to convict the prisoner on the testimony of that accomplice. Objection rai.od by the counsel for the defence to the Altorney General advising the jury not to be led away by any false avmpatliv for the prisoner; "for if there were an> extenuating circ u instance# in his cant if fouud guilty, he would be recommended to mercy." Objec tion overruled. Judge Miller in snmtning np said : ? The rase yon have now to couiiider is one of a mot remarkable nature, aud it requires the most earnest and careful attention on your part. Rarely In the history of a man's life w he called to fulfil such important question* as now devolve upon you, gentlemen of the jury ; there is no higher prerogative than the one vested in your hand", aud ii calls for the exercise of the strictest impartiality and honesty of purpose from yon. You have nothing to do with the policy of tho law nor with the conse quences of your verdict. You are here for the sole purpose of upholding the law In administering it justly and freely. The facta of the nw have already been detailed to you. After going through the case and pointing out the discrepancies of tho evidence, and men tioning that the case against the prisoner was based on what la termed circumstantial evidence alone, Judge Miller dismissed tbe jury to tbeir room at haJf-psi>t three o'clock. At Ave o'clock the judge retired as tbe Jury bad not yet arrl ved at a verdict. At 10 o'clook last evening the jury not bavin? come to a decision, U was decided that they be locked up for the nltht. It is probable that early this morning their de termination will be made known at tbe opening of tbe court. COURT OF GENERAL SESSIONS. Before Judge Russel. AH INTKRBST1NO C1SB OV M1HTAKK* 1D1TTITY. Hie first case tried by the Jury yesterday was an in dictment against Bernard Ford, charging him with pre senting a forged check to Hiram Cool, on Saturday, the 4th inat., for the sum of $125, purporting to have been algned by Edward Martin. Five witnesses for the prose cution positively idsntillod the prisoner sa tbe man who presented It. Tbe defenco proved by Mr. Nance, wife and daughter, who reside la Mlddagh street, Brooklyn, that tbe priaoner boarded with them, and waa confined to tbe house tbe whole of Saturday, tbe 4th Inst, by sickness. It was stated that tbe accused preaented the forged order between the hours or ten and twelve o'clock in the forenoon ; but the wltnosses for the defence posi tively testified that it was Impossible for him to have left their house without their seeing him. The Jury believed that tbe alibi was proven, and. after a few moments' absence, returned with a verdict of not guilty. Samuel Woodman and Elizabeth Worden, charged with stealing three pieces of mobalr goods and one piece of calico, valued at $78, the property of Lathrop, Isling ton k Co., pleaded guilty to an attempt at grand larceny, [ and wore remanded for sentence. ?COURT OF SPECIAL SESSIONS. Firm Conviction Under the Tenement Act fer Refusing to l*nt Up a Fire Escape. Before Justices Kelly and Dowling. In tbe Court of Special Sessions yesterday Bernard Dufl'y was arraigned on a charge of violating tbe act In re'erence to owners of tenoment houses, which provides that such place* uhali bo properly secured in caiea of fire, provided with tire escape.-, Ac. Tne hou-c in question I* No. 400 Pearl street, near the New Bowery, and In one of those large live story houses. Tbe prisoner, it in alleged, lias been defying the authorl ties for a considerable length of time past, and baa re peatedly ln?' it??t the messengers sont to him from the ofiice of tho Inspector of Buildings. He bas also declared that he would not provide his bouse with anything in the way of lire MKam and any person Who did not wiah to live in His Ihmimj could leave it. Justlco Oowiiug, In passing sentence upon tbe pris oner, eaid : ? " Duffy, you have bad considerable time given you to express a willingness to comply with this law, but you seem determined to resist all aatborttv. They have a^kod vary Htile of you as a land lard, simply that you furnish a means of escape for your tenants. A great many lives bave b -en tout for want of these es capes. It Is the duty or all oouru to p.wtsb severely all suoh persona as you, who daay the light or tbe law to make you put fire escapes on buildings. Ton bavs on every occasion denied that right. I am determined that when cases are brought into thia court, and the evidence warrants a oonvtction, to impose a penalty on the offend, era that will make others understand that they must eomplv with the law. Tbe sentence of the court is that you be confined In the Penitentiary for one month aad i pay a One of $60. COURT CALENDAR? THIS OAY. Scpkbhs Court? rart 1? Oyer and Terminer.? No*. 8705, 271, 051, 247, 1081, 851, 852, 240, 883. Ml, 1433, 801. 1383, 1420, 041, 1275, 860, 1207, 730, 1445. Pari 2. ? Adjourned without day. >crn?m Court? Special Term.? Noe. 129, 219, 183, 80, 102. 208, 180, 140, 238, 228. tvr*KMK Court? Chambers.? Noa 87, 76. 78, 70, 80, ?1, 82, 83, 00, 08, 130. Call commences at So. 131. Surzaioa Court? Mai Term. ?Adjourned for the term. Comxo* Puna? Trial Term.? No Jury trial* BROOKLYN COURTS. UNITED STATES CIRCUIT COURT-EASTERN DISTRICT. Another Distillery Condemned? Tbe Duties ef Revenue Official*. Before Jud^e Benedict and a Jury. Vnited Slata **. Seven HogAetuu of Beer, rfe. ? This waa an actioa for tbe condemnation of a distillery and other property in Bergen near Nevina street, claimed by Henry W. Qultzow. The property waa seized by Doputy Collector Oalley on the 23d of April last, on the charge that tbe claimant had been distilling without bavin*; complied with the law, and that false entries had l>eun made upon his books, whereby the amount of distiiU tion was underrated Inspector Cocben testified to having visited the place, and lloding in tbe lower part (cellar) sevon hogsheads, containing in all 1,000 to 1,200 Halloas of beer; It was in ?ood condition, aad not more than three days old ; tbe still waa charged, and bad boss attached by which epirita were drawo off; up stairs were found seven fer menting tuba, two heater*, v ea.it tub, maab tub, and some other property, while ia the yard were found six bags of grain : a nan there said that tbe things were uied for rectifying spirits, and witness staled thst bo found both tbe means of making and rectifying wblskev ; the roar and sides of the cistern room conld be lifted up aad set back without disturbing anything. ? From additional evlaeuce for the government it ap peared that the entries on the books showed that there were twenty-nine bushels of grain putin maab on. tbe 4th, 6th aod 8th days of April, which bad been nm o '. making fourteen gallons of whiskey only. On tbe day of the seizure, however, tbeas seven hogsheads contained about twelve hundred gallons of I'reshTy mad) molasses maab There were ne entries on tbe books from the flih ef April. Another charge agalost Mr. Qultzow waa that he bod given notioe that this distillery was to be a mo lasses dh> tilery. Bnt instead of that lt waa a grain dis tillery, aa the claimant himself testified on the stand. There were found there about thirteen mash tuba, where aa tbe notice statea that there only live tuba. It was also found that between tbe doubler and ths cistern room was a copper pipe, arranged so tbat spirits could be drawn off by means of a rubber hose. A small piece of hoee was found in tbe vicinity. 1 Alfred Vanderwerken, Assistant Assessor in tbe Second district, t- stilled that he had charge of the distillery from tbe 1st to tbe 23d of April; went there every day and did not know that there waa a cellar to tbe building. On tbe part of lbs d?fonoe, It was claimed that the malt found In tbe cellar had been there sine? la?t fall. Mr. Quitaow disclaimed any intention of defrauding the government Patrick O'Belrne, who was inspector at the place, testified as to tbe tilting up of tbe distillery and its interior arrangements. Witness never sew any hogsheads In the oellar when he was there, aud never beard that tbey wars there, lie never saw any Indi. a tlons of spirits being made, and thought that there waa no connection between ths still aad end of tbe werra-tub. Mr. Quitzow, the claimant, was called to the stead, and testified that all the hoards of tbe cistern room were netted. The rectifying tuba were used tast fait when the place waa seized. The seizure was then made for dis tilling without tbe payment ef tbe spe tal lax. He begaa to fit ap the new place in November. In charging the jury bis Honor Merred la oeademaa. lory terms to the meaner in which certain officers of the government bad neglected their duties. It wes not disputed that lor twenty days an intelligent man, em ployed aad paid by the Lotted States, had visited this distillery every day, and although there were there a cellar, with aeven mesh tuoe ? It, a trap door by which to take down moiames thereto and a pair of stairs lead ing thereto, be knew nothing of them. His Honor did aot meaa to say that Mr. Vsnderwerken had been guilty of fraed, but be did say that the public required that such a condition of things as this should . never be allowed te continue It waa in Mr. Williams' district, sad bs (Judge Benedict) regretted aud felt out need that It should have occurred. He therefore made tbeoe remarks tbat thsy might reach the responsible parties, so that when ease" are tried and an official come* up be asf kaow aixnethiag about the business ho waa appointed to perform. The jury returned a verdlot In favor of the T'nlted fHatee. aod tee property was condemned. I he jury also eipreused their regret becenee of the negligence oi cer tain officials ss bad bean shews daring the trial. ItfRIMATEl COURT IF (IMS COURTT. The Tint en Traete* Oaee-Allraed Over eharcae ef Oiasiteslen, ?tr., Aaainet Rev. Dr. rrsseie flsies. aa aa Bxeeater aad TeetaaMBtary (iasrdlsa. Before Surrogate V seder A gat est the petlilea filed May 7, 1*87, la the Surro gate's Osert of Kings ooaaty, te have aocmin'tnga re npeaed which had boea settled by lev. Dr Francis Tiatoa, as sieeutor aad gaardiaa at the estate of Char lotte Arthur Wysae, aad alleglag overeharges of eom tnlsstoa aad cbar|ss aot warraated by law for the super visten aad ear* of ths property, aa answer was filed yesterday on the part ef Rev. Dr. Tiatoa. la the MNMb M van sdasei that by rise Ml 1 f tk8 e of toe original executor, Edwin Coffin, end s..iip by WW of his discharge a* trustee under tho will of Thomas Wynne, who died In the eity of Brook lyn February, 1861, tbe management and care of said '(Jt#_WOrth about seventy thousand dollars? devolved udou tho other of aald executors, Krancls Vlnion. It is ,i?i.n<ri that various Items In the accouutiniiB are wltb f.!t?^honty??>f law, and that mid Francis Vinton is not entitled to the Mm*, and that the same were pawed in bar sbeence and thit up to January 23 1808, at* was a . *. Kh? uki thai aald accounts be reopened and Sd ?d^Kt th^Nud executor and tr?*UK>, Francis Vinton should be dlrecied to account lor ?aui sums of mone?: "that such further directions be mad. in the Prr^^leh?apr-ndeld containing two hundred and ? a-tsa-s. V a r3irM.OTarri?? moms and reinvestment* of the funds, ?t f4 per utoni "S'mmlMt. on retel ,a| ?d W? ""jL'KS'S s* *jss--ssr ?une, |14<i tt"; excess objected to, ?U?aa TUeimome ot l.m amounted to *4.40u .68, of _U>84^ to ?".&07 *?; Of 1805. to $4,s 10 14, aud of 1*08, u? 'VhVtSowing I. the answer filed Ijr V. Fmncl. , V? ton to the application of l hailode Arthur Wynne, aga'inat his account as oxecutoraad trustee of tlmwill of Tuotnas Wynne, anil to have the same reopened. To THE Sl'HltOOATK OS T1IK OOCSTY OF KtMM:? . The a newer ol" Frauds Vinton, executor, trustee ana testamentary guardian under the iast will and testament of iWaa Wynne, deceased, and toe petition , ot Char lotte Arthur Wynne, respectfully showatb, That your r^ ?pondent did, on the lihh of November. 1?47 .the 10th day ol February, 1H00, tbe 3d day uf September, 18M, aud vbe 6th duy of November, 1808, on applications duly made aud on citation, duly tesued, have tlnai accountings, as executor and Monty" said, berore the Surrogate of Kings county, and that his accounts were at said times duly aud settled and allowed by tho Surrogate. That tlic citations issued to all persons interested in the estate of said de ceased were duly served on such persons, rhat your respondent admits an error of $200 in the account Ul?d November 5, 1888, which be is . tnd always hs* ?*en since the tame was discovered by him, pnpared an , willlnv to remit, as the mistake arose from a '?'?rical error In the iook. of the executor from which the^ amounts were trnnsorib^ and wbich had alroadv been corrcoted on the_ books berore this application was made, and the *""" thereof carried to the credit of tho estate oa new account. Your respondent, In further answer to the prayer of the petition, herein denies that the said final accountings can be reopened, and alleges that th same are binding and effectual on all persous 'nested In the estate or said Thomas Wynne, deceased . that the said petition contains no charge or charges of fraud, and that the question of the allowances to the executor waa deliberately paj*>ed upon anil determined Id such float accountings by the court, and Is not a matter that can he reooened and revived, the same having been con sidered and determined in due course of iaw. upon full examination of the services of your respondent, their n"ura and value, and upon proper repreeents lions of the party In Interest who make# thja application. But, without waiving his righto In the premise? dependent upon the said accountings and decrees, made severally by the Hon. Jesse U Smith, the Ho^Rooman B. Ho* we 11 U Brainard and the Hoo. We D. veeaer, ej the dates aforesaid. Yoar respondent alleges that Mid accounts were In all respects Just true and projwr that tbe charges therein contained for his tabor in the management of said estate, la the triple tor of executor, trustee aad tert^Ury gu.rdi?i f? the space of fifteen yearn, were fhr below the real wortn and value thereof ; that they were made after the rates sue Bested by his counsel, Mr. Win. Betta, who had been thelesal adviser of the testator, Mr. Wynne. and as al lowedby the Supreme Court of Aa BtMaof ^w York hv dated November 1?64? wa es n? ?? now advised by hto oounsel ?db?ll<nres would courts or ooarUof equity- But the said accounts having ?^d.lT?S wguiarly passed by the appropriate t? hnnaii on proper notice and in due course of lew, your ^ndwl^SUotMlr objects that this bonoraWe court has no Jonadlcilon to open the same, and that be Is entitled to the benefit of a Jidlcial decree regu larly made, from which ao appeal has beea taken. And your respondent respectfully ?ug nats la relation to hie management of the said 'estate, bis commlss ona, charge^ and accountings therein, that be has received the following commui nkai- v 'Bsrtw-'S5 cSl Ccun/y <f X? Tork. sa-Francis Yintoa, Minw dulv sworn sms That be has read tbe foregoing anM?er subscribed by him, and knowi thereof, and that the same is true of his ' Wn knowlew exceot as to the matters therein .nsted upun information and bahef and M to thoM matters be believe- it to be and belier, aad as to tnoaa FraNC1? VINTON. 8 worn before me this Ml day of May, 1U67.-J. ?*? woid Kank, Notary Public, New York city. A communication from William Belts was annexed, stating ttiat at. the time of the examination of the amounts the charces of $4 per day wore not too much for attending to the business of tbe estate , that the estate had been extremely well managed; liad sus taiaed no loss, which m^lit be considered remarkable in a matter of euch long standing, and furth'-r ooinmends his lidellty, real and earnestiiess ia the maBagcinent or the eft la Ut. J. C. Siulth, Bnrrogato of Kings county, sanotloned tbe commissions claimed by Hev. Or. Vinton. Jtortmun B. Dawson, Surrogate, allows the claim of $4 '"ito'swell C. Bralnar.1. ei-Puimante or Kiny county, in a long communicnilon, remnrke<l that i?r \ iniwn hail calle<l upon blin to sec about increasing tho amount of h.s commissions In con-equotico of the war pr.cj;, amt said he was very punctilious ntsiut It, and woul<Tuot do H until he was .?ure the Surrogate opproved ol it. He apj.roved or it. and chcerlully bot o hie testimony to the creditable manner iu which i>r. Viuion had pei lorinod his duties. Juduli 1). Voorliees. guardian id ?i^n?#air.akos no ob jection to the justice and equity of bis Uoms. Jua^pli l>. llarrin, telcreo, -^id he liad made a thorough and careful egainlnatlon of tns accounts and concluded that tbe estate had beeo administered in a carodil aud thorough niunner, with strict oconoinv and Int-irrity, and that so Ut from deacrvln* the censure, he dc< rved the profound tlianks or tbe iMirtles In inteiwt. Mr Mean, tormerly gu.irdiau ad '\ >m i>t ' harlotie Wynne s epia'.e, stated that he had exaniiiicd and proved the charge* and commended tho management ot the state in similar turiin to the above. Tbe argument bad i?een set apirt for yesterday, Me'srs. frnphegan and >lia? npp-virtn/ for applicajis, and Messrs. A. W Bradfoid and K. B. Dawsou for Dr. ^ OnTppllcatlin of A. W Bradford it was consented to adjourn tho enae over until Friday alternoon at three ? 1,1,0 caae now stands the pajior will be submitted oa Fruiay, snd the only que uion is as to whether the bur rogaio haf the rirfht tu reopen tbe accounts or Dr. Vin ton previously passed npou bv the Surrogate for the last ten yeara Th* parties in interoj-t claim that the executor has clidmed comimssioBs to which lie is not entitled by law I he executor replie* that alt commission*! have been pa sed upon by the > urropaie. and that the matter cannot be reviewed except by a proceed. ng in the Su preme Court. ______ COURT OF SESSIONS. A >lan?lnnnbter fuse. Be! ore Jud,ea Dikrman, Hoytand Voorbeos. The < ase of Patrn-k Col. who was Indlctod for maa slsugbtcr in killing a man named Patrick Donn#lty, wm called on yesterday morning, when the prlsoner w'th^ drew his plea of not guilty, sag ^ fourth crade or tbst erime The slrcumsisnoee or tna ?iloW that ou the Digbt of the lftth oT Sep teatber ltTtox v^i?t "he liquor .tore or oae Q'N?H. In ? olum^ hla street, and while there tMd^s^enurel and a?kni hi in to treat. Cti constated to 4e Ml. w h e re u poo iki nneilv ?aid that he iuu?t al?o treat bis friends. Tbe Joiner demurred to doingthls on the ground ttatha hsd not sufilcient money. The prisoaer left the fnlinwed bv deceased, and cro'sed to tbe opposite side iof the stre4*t iu a grooery awre, wherg a dispute and scaflla ensued b> tweei the two during whkh s'sbtrsl in the alidomeu with a tackkaifa. He Iimiin . abort time, when death ea?ue.l. Co? gsve b^mseir up ... ntiiice and, being committed by the Coroner ?? await tne action or the iJraud Jury, wns Indicted by that body. He is now in tail awaiting sentence. ?MWSWT iTtW ICNtMl.ai.. MM IMKRS. Omt> Mum Killed br a Hoehwharkar-Tfca Kafc brre Clad la Ballet Praaf Clethlng. Kisus Crrv, May 27, 1M7. Twenty-five ntiaeas of this place started In puraalt of the Richmond bank robbers yesterday An a part of them approached tbe house of a man aatned I-eaven, twenty-one and a half ml lee weal ef lagopeadence. one or tbe partv. B. H WH*m, formariy ?f New Albany. ln? , was ib 'twiUy shot and killed by Bayne Jones, a notorions bustiwbscker, who escaped. It Is thought thst most ol the gang engaged In the robbery are pro tected nv bullet proor garment", a< many shots were nr?d at them by the citisoM, at clone quarters, witnouo effect. ? Psta rtv Ham Honaas m Arsvaau* ?Tbe Melbourne Arim< or March 21 givos an ac. ount of the >ai?* on the previous day ol Mr. KUher s celebrate<f race horsee ? I i-hhook, hy risbernian ; Wsilfclug?L %f Melbourne, w-re the Brst olTsred. ?trteen hundred guinea* was the "rat bid, lollowod by one of 100 more; then 1,900 pnneas, and eventually l,(Ki0 fumes*, to which bid the hammer rati, but the buver bsd Disappeared Kvent ?i"Hy the con wns knocked down ie Mr W l^wis' bid of l.HOO guineas, and it was said Hum Fishhook was bought f"r < hina etentualiy, but will not at present leave Aus tralia. Angler, four yrem oM, "*? brother to Ki.hhook, was next brought out 9m sale snd rail to the bid or Mr. Hamilton, a breeder ia ibe Western District, near Peatia. verv cheap, at SJO guineas It was noticed that this wns sxactlv the pics at which Perrvnaan, prevl ouety n*?d in the Mar brrnong Stud, wan lold la taat year s sale to Mr. V. S Mogg, in anutber part of Uta l olony. smuggler, the con<iuerer oT Volunteer. In the race ftir tho Queen's Piste in Melbourne, la November last, was next hroosht an tbe soeaa. The firet bid waa *?. tne next doubled that offer, aad after auccesalf* bids oT five, s i. seven, eght aad nine hundred gu.neaa, be was k socked down to Mr C? lew., at the la ter ngore The Dane was the aest bona introduced Into U,s er-nn, snd be rapidly passed through m'nor bids ua to .*? gumenn. offered bv Mr. P J Kelghrsn, to whom this hitherto unlucky borse w.s knocked down. Tba 55? !nr rho WM n**, Pul only reoched flOO fiiln^a*, and tbff eaetiooeer announced teal tbe iliy wss bought la; and Amber, that eaelag r ' coa?a?Miaa tm toe lata, the renaaiader wai