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The New York herald. [volume] (New York [N.Y.]) 1840-1920, June 09, 1871, Image 10

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THE PRESIDENCY.
THE BUt'KTAIL DEMOCRACY.
i Packer, of Pennsylvania, Speaks?Judge
Thompson, of the Supreme Court of Penn
?ylvanin, the Man?*' Geary
ii a Weak Man."
The democracy of Pennsylvania, In convention at :
Barrtobnrg some two weeks aluce, led in toe "new
departure" from the beaten track so Ions trod by
the democratic branch of American suffra?i8.*. and ,
were epeedny followed by Ohio. The new depar- |
tare wae particularly lmportaut in at least one par
ticular. We refer to the adoption of the
KIN TH, OB "MCLAriO AET1CLB,"
aa it la termed by Its enemies, and which fQlly re
cognises and endorses the fifteenth amend*
meat to the oonstitatlon. This was one
of the boldest strokes of the democracy to
capture the vote of disaffected republicans that has
yot developed itself, and to lay before the readers of
the Gerald the opinions or a leading Penusyl
?anian?a leading man in point of wealth and in
telligence?a Herald reporter called on
SO DOB EA0A1.II,
at the Astor Bouse, on Wednesday evening, ami
found him quite willing to fnrnish all the
information In his power. "Hut," sail
that gentleman, when the Ukbald commissioner
made known his business, "I have given my tune
almost exclusively to my legitimate business of late,
and it la possible I may have am, eu at some wrong
conclusions. 1 am not a polllic.au now, you know."
Reporter?1 have called to ask jour opinion of
the new departure In Pennsylvania: what effect it
will have in tne Presidential canvass, and if tho
ninth article or Hie Harrisburg resolutions will have
the effect intended)1
Judge Packer?Well, really, I have not given the
matter any study; out u has never proved advan
tageous to ?n.r parly to attempt to gain votes by the
process you aliuae to.
Rkiohier?l rti.a there Is a general feeling In
Philadelphia, among some of the younger and moto
ambitions democrats, that tills article was a wise
provision.
Judge Packer?IMsr.ffecied republicans, I think,
will !iai uly be blind enough to bo caught by such a
palpable iruud.
Rkeoktbh?Do you think life-long democrats Trill,
as a general thing, endorse thai article *
judge Packer?On that quea; ion I would not like
to give au opinion; poop.e odea at the last moment
me rneir miuds, rather than see tue party de
nary may vote the fifteenth amendment. I
do not think it a wise act on tlio part oi the Harris
burg Convention tu have inserted that urt.cie.
it! poRt; k?It is said that Colonel A. K. McCiur*.
o1 Philadelphia, ostensibly a republican, but at ne&rt
a democrat, engineered most oi the resolutions
adopted ou that uccasioU.
Judge Pa< ki.r-Well, McClure is a?.;?,
Rkpoutick?a uoiiLcmu r
Judge 1'ai nun?Yes; tliut juit expresses It?a poll- |
WOIHU. ^ _ _ . ? . . ... '
Rkcouter-Do you think Geary has Presidential ;
aspiration*" ?
Juogc i'ack Br.?Geary ! Tnerols no uso talking
or him.
UI.AItY IS A WEAK VIAh". 1
RtiORiK!'.? lie will probably sink tn.t-0 obimon
Bilei lu? present iciiii ui uilice expire?, won i In '
Judge l'A.'Kr.n?I think ro. Like many oitior
smart tueu Go-ary overreaches hltsiaclf. lie niruggi.s ,
loo Uard. . . !
ilKPOKi ..it?Allow me to ask you a question point
blnrr... Who ao you consider the mo-i avail.iolo ;
candidate that 1 ciiltsyivniLa lias to offer lor a octiio- (
era Lie nominee lor tie i residency?
Judge pa. i hut would n. a difficult question
10 nnswer. , , .......
liK-cpTgi:?bupposs Curl In slioulO t:4Vio it In 0 U.:?
head to come home; iliave heard Unu referred to
repeu'.e l.'y as
"i'KN'-f' i'I.VAMA A FAtontfJi SOX;
no you illluk he would he a strung man oil cither .
nidi- r !
bile lice. ? , '
la. .1 .Eh?I will siugc.-t another name?judja j
Thompson, o: 1 nc Supit :ie Court of ivuiisjivnain t
Jutts1- i*ai *' ' up atoucej?tes,
TltOa _kl.,'> t'HK UaN;
I kuow 01 no Sorter. j
tt?i oi-i. ? ?Po ? el regard him o-: a reore??'atv ,
tivtt I en ,t.i .-A e rom-e-eaunvo democrat uud ,
a realty mm aiiiO man tor the Goiuovraoy to nornl- j
Judae Pack Kit?I do; what is more, I tultiV ho I
would be n s.rong man 111 every sense oi laowori. j
His record is above reproach.
ivJvi'OK Ki<?lit is ji-O cibi t' ?l*al CQGlip KiiO??ll
outside lr.s 110 iv Ma'e lor the democracy o- tuo j
Whole country to unlic on Mni U noaji JUied. t ,
??Well," sai-l the uih-ae. with a sly iwiurde o. me j
eye. "maybe ill" h-?> any ri ?. si iciiu.t. i.-piraui ia ?
known Hie better .? e uis onaucea 01 sue :csa. i
Reporter? oaceimg taut, h.s In any oiQur
lpcciai roconi-.c-. iat.oris ior ti.o position? j
Jnlge 1 a .."in U- -* u,?right and nouest, fibre ;
and inrlw utlal and a lifelong .niU'i'vtuL t
TtM'l '??' r TI?it ii ia >i) bt IVLOtfbi 6<1 tm
caii'.u* .V..I I) ' COil'I'-Clu * <4.1 U . Ati f VUL fv.itfc j
i)u?i - iiuiu i r jAv-r < uci. it 13 ail .
g, C? 1:C ^ i!U ?14 Uv'uliilCO BllrtlA L)J?
Ti K M/h 1H MiilllN(i'a :
1 he litsi questiou 10 be askeo rc^aruidg ti c?odl?
o?t-r? will bo. '1 hi. a inau mat nil can ailue ou -
And. terogn ..?lj this, you tinnk favorft-ly of Judge ?
Thonir-f iiti t .
Ju lee i ACSiirt?Yes, T00IU 80H Is U hlOS. excel- I
lent tu* >1 to meet th. so l'equii'OHients.
ItilPOEir.ll?I vroa.d UK ; to *?k 5 Oil
A FK.W A&oCl' C .UtBOS.
Is he help.'in (irnui any ? , , ?
Ju ige * v - .-1 -.m not Int.mate will; I anicron.
and 1.0 11" snow n groin do d of luia ?n ? iy o-vu pnr
souu. kuo.rle<me. lie i.i- oeCu i.uir by i.i brant lit
8'kps'< ?? ? "i;?Pciiit yivenianB, I find, have come to j
ooiirid'.-r fa:, eron a man of poiicy. Whoa he lias j
done w ?iii a nu ll,' t-ihuik? he can ii*c nun no lur- !
thtr heuropa u-m. In > ue, they ray t ?in caioerou s ;
only reason ror t.oir.e.r.iiug a luitn is to el.hor us e or i
Bouse turn. . , ,
? Jrnine paok" w?ve'.i (with a stniiw, Cameron, 1
EUO' ost I- b ell. I believe un ity told you
bo ait uiiic ..go v. .?;? no th luglu or Cameron.
Kepohilk?Y'es: a aw* inn very .?"??tup.inter,f ry
to Cameron, lie saUi t i -' r uur.-n ii took udvu tare
ol hi* gmy nan* t pull the .vool over people's eyes,
or words to th.?i ? (lect.
i Jud ,c PAori.a?? ii'i.eron itas a ?T?"Ca 1 rna 1J ??wrong
frl-ud*. ami still more Intter e.ie.iiio* in l euasyi*
vanlu: he s ;ill a m iri ?>' g ent .iiiiuoiiC'*
Tim mien ? w was can tinned. ?????! hie <picsflon oi
the Vouo'i oi lie mliier* was ul. dot to. Mr. P.ic'ter,
from fo.iiieririd expenenc.-the miners' vote ae
InUe l him lor Hove. io; - oos not seem to have
much l.iitu l.i mi's d iv ol our-population. He
tiniiXs the> are ueaeucrous in lUo exireiue. and
ihiil biiv cd)iUr"r\ic wiio pia ch iiis uts^ciidcucc oil
them builds hi-iioiac on ta. *a.id.
The iriiKAi.b i-uiii.iu-.-id.iCr liifornied Mr. P? .-Ker
That the ntuwTs, ai u ace ct ino ling to wh'e h a
Hpkai.p reporier wa- "he nlv po sou admitted, had
conoiudod lu future 10 vole lor no party tnan, but
jcu him only viio would h.ud'lliuaoli to efiieud me
lai.orei ami noeer no e.o.uilitoii to give his lUiiiitHcd
to any act that t-ni cj. ui.red la liie reniotcst de
groe to depiiiC the laboring man o. any of ins
T'"aiter dlscm-mg the uitor hopelessne.-s of Grant a
cans.-in I eiiii-rv.iiih', U'C llKari.ti reporter took
tit* leave, an Judge Phi*herretired t,>r consultation
with aoiue r.d'.i v ? i irs.vrnafes. 'Hie Judge concl
4lerlsohiei.voieAi--iiceth.it poltle- waa not his
forte, aud ha* giv n UU wnolo timo ,'ver since to
the dev.do,.me.d j; tm* r'sources of tue Lehigu v u,
ley ItaUioa . na i it* liioiitRrle!1.
SKSIOfF. OF T4Y0 Ml ilOi:Ui.aH 1* ST.
1.01 IS.
f!*rom the fit. Lonls Republican June#.]
Piilri K lii.ilj w a* brought b-ior ? Judge 1 rllMTn,
4n the vuiailii.il t out i ol ft. ispiison Monuay to have ;
eeiiieuce oi iue in w p..-msb on bi.u, cotisequent on his
baviun .Ouiwl guili - ol the uiurde ol 1 teucncit |
Ostetinever. hi* -I uer . h i-" and. There was a uu- t
ine ous a\ienda:. e o' spfctatora in the court. Hie
prisoner, a strong, h ilth> mail, ol in- dlum height,
nialuiatned r--:;;. ..ib'iu c-xnnesJ, ano tuere wm not
ji, 1,in. the stliiliU'-l evaiiiltton ol tear.
Tin nh* kie- iiav .ng "lcii le.noved from the prH
oner'* hsuus, tin-jun.i paid to h ra:?
l "PairKk Uuiry, l ave you au.<tiling to say whv ;
the ft' nleiice of the law sir aid not be pa-ncd upon
/o 0?" . . I
Duffy replied, ''Yes. air; but I would like to see
Iny lawyer*, mo one I Mephe ison and Mr. Ba wo k.
The Jaoge?'-ihat Is not whn 1 asaedyou. have
#ou anyihiug to .sav to the court ?"
Hum replied. "I am not gult., I did not str ke
the blow, was not the man taut killed hmi. 1 was.
t>f cou m? bo gooo friend of Ost riuoyer's. Ho
tvwed me IdOC. My niece was dri/eu out of tue
li >use by him on a stormy nigt t. Me tnc catse
ii her death, sue having bee >mea landonad through
ll? mean*, and poisoned h-lseif. II I bad cornmitled
Vie crime he oemrved it for wh?' he had done.
Tne Judue a.ier referring 10 the crime pronouncod
the following sentence:?
PktrK-k buffv. It ?? the Miitsnns of ths l*w that for ths
truss oi murder In ts* first degree, of whirb you eterd con
Vi. led you oe niro from ibie court to the piece from "r"?*
C!vir.b? to re oe in undl Monlvy, Ibc Slit hsyofJuy,
In in* ye .r of our Lord, la,I. lUenrv, on tUel day, that iou l>#
token t< the (laoe or eiecuiloti ?np Idle t by law, an t that
I-., rr between rbe henra of ten " "Vn?
IU.ee iitbe pile nm-n of emu day. you be banned oy tl.e
sii-uk uolii you he <.e??L
After heating ins sentence pronounced the prls
Ipnei, a* uiiiitni Ling a* oefore, Bllghtly nodded hi*
J.ead an l-aid, "That sail right, i'U laco It Ukc ?
hi ?n if I have got u>."
lie wa* tne n Uuiidc.uffod and conducted by the
(Onniy-iuurrhAi to the Jail. _
i ii- tli it- oi the ex rtitioB of Patrick Rnms, Duffy's
a< > oini lice, wlio waa cmvlctc l a* ru accc.**4iry In
u.?'mur !ti tt tnsivi iueyt-r, ha- beer, po* pons I t<)
w,< Hit ot Jtuy. i.iu unio aupoiniealur thet*o.ut;.n
111 I'ot: ILK Hi. J.
KVniW ROTES?POLITICAL AR? SB1ES1L.
An enthusiastic Maine democratic paper exclaims
in accents wild:?"From now til! June 2fl let Cherrv
Celd be the rallying point." If Cnerrjrfleld Is to be
the only rallying point ot the Maine democracy the
coming campaign llie radicals will have no occa
sion to maKe two bites of the party cherry next tall.
There la some canvassing in Maine in regard to who
shall be toe democratic candldato lor Governor?
General Roberts having declined a renonUnatlou.
Convontlon June 1M.
Warren Toole is making fight against James M.
Cavanaugh lor Relegate to Congress from Montana
Territory. Mr. Toole la said to he a tool ol the
Indian ring.
it ts proposed to remove the headquarters of the
Ohio State Democratic Executive Committee ironi
Columbus to Cincinnati. It is dangerous to swap
horses while crossing a stream.
The KaMivllle Union remarks that "with the
lights before ns we can bnt feel encouraged at the
prospects of a democratic triumph in the next
Presidential canvass." Better take care those lights
do not prove dark lanterns or t(/n s ra'.ui.
The ludiauapoiis Arnftnei?democrat?In referring
to the names presented for tno democratic n mitna
tion for President* says:?"in tho raoe of 187s we
want a Western ir.au." 1 hat Is rattier a modest de
mand whoa it 1h considered that the West has held
the Presidential ofllce for the last three consecutive
terms. Rut perhaps Anay Johnson was considered
of no account.
The proposition to remove tho national capital
from \\ a-aingtou has been revived since the local
government of that city has been surrendered Into
the hand* of a band of negro strikers.
The Utio i Oos. n ? ??, "withuo desire to meddle
with the affairs of its neighbore," nominates Roscoe
Conklttig fcr tno Vice i residency ou tho republican
ticket.
A real estate paper out West nominates Secre
tary Boutwell for President, a man whoso mod
esty impels him to decline the honor of having
a revenue ve "el nnmed after him certainly can
have no aspirations for the Presidential chair.
Tne Am'irr.ch1 end the At>piat,ot Memphis, are
ht it hot and heavy already?cue in support of Jeff
D.ivis end the etner sgulns. turn, says the Aia
lunche ot theAr>j;ftti cduor?
Ills military career began and ended in this citv.
It commenced in the militia wna ended there, ins
active service lu the face of tan enemy was noam
naigh?It w?< patrolling alow block.* of buildings
lu Memphis an ! givriouMy guarding old scup iron
lu lor. Picketing.
ThUB tne i.cw civil war Is beginning tn the soutn
itself. Prepare for si street flgut lu Memphis
As for Jeif uavis, the Avatan-.'fu remarks:?
Whenever he appears before the p..biic ho he
lper eubjei
come- a proper k an ect of newspai or uotiee. And
l:e no mora represent* In his per* n the Lvst l a use
than a titonsuud private Confederate soldiers
waoare an t uscify. The Lost Causa went dona at
Appomattox Court Doase, and at Charlotte and
Greensboro, North Carolina, and Gainesville, Ala
bama. it la represented in the naif million gsaves
oi dead confederate soldiers and In tno Mstcr.v of
me.r needs, and in tho huitor and uielulac ss of the
living.
The Cincinnati OomrnerctM says:?
General Oi . r*e \>'. RloUook, democratic candidate
f>.r Governor ot unlo^ was once the law partner of
cu wiu u. ti uiiton.
au exchunge wants to know if game will ho ma,1o
of BrighAtu koung'B sou no,v mat ho Is a West
Pointer.
Tlii Ohio Salesman calls General McCook the
"Chevalier Bayard of our tunes an 1 tae State."
The St. Louis K l> <0 'can tays:?"It would be
diSl'.ult to luiagiue a moro stupendous anachron
ism inaa the reappearance of Jen Davis on the
stump." 'iuis is, perhaps, not the only instance
In which ietf Davis has made au error in selecting
the proper occasion to carry oul Ms purposes,
ins whole career is mil of anachronisms.
Tae i.Mm ond Wh j says Jo.f Davis' "nostrums
aieof a n gatlve characier." Yet they have been,
to me a l"io of au old Yankee song, "in moilal
po.si.es pounded."
Ti.e No. folk bay Soo.v (old line d >moerat) thinks
the Nor: hern de inner uta are "throwing their tnt in
the nro.'" by advocating tiio new departure.
IiiLLi bl'jYth t.V TUC LY.Yi.^'i H,
The following addlu nul bills have been signed by i
Governor IiidTmau and have been piaoed on flic in j
the ohloe of the Secretary of State:? j
car. To iix the coinpcn-iatloa of a93C3Sors in the !
town of v? e < Farms, in w t -u n estcr county.
vr% iu relation ;o tho laying out, opening and ;
Consiriicuug of a public liigu>va> la tae towa of I
Tie lip'.-te. j, i,' ecus cm.at .
920. To authorise tno widening art! straighten- !
lng of the public highway or street laid aown and
designated on tae imp of Woodsburg, tnad< 07 '
fetepueu Moaner, Jan-'-, isto, and #wl in me o:\ico ,
01 tneclock of (gueena coaiiiy by eisinnel ?V"ood.
630. To a.tUi,ruo a ta t of one-third mill per 1
dollar or vh.U'Ilion o: t he year 1871 for construction
of new wo r-u on and ekwraord:nary repairs of iho 1
Caldai.Y 01 liit.i
rsi. Jo air' jiil aa act entitled "An act to incor
porate the n ?..<! bepo.-lt Company of the city of j
New York," passed April 20, i*iM.
83k. 10 provide ior a plan for iilUnat In the low- 1
In ode adjoiuiiiif Four lii u\e uu. in the Tenth, j
TiVeai.r-accona auo T,it httt wards in the cliy of
Brooklyn.
v.:. fo provide for ascertaining and raying the
amount of c . tain cl.tlius growuu out of tnoexocu- j
tion 0* or mrs of the .'etc Metropolitan Board of .
H>a id bn i ui the present Board of Health ol tiia
city of Brooklyn. 1
s.i. in re:erence to apprentices and employers. I
li'o'o. Toaueud an act entitled "j*n act to iucor '
P rate the I nltcd Muiea inebriate Asylum for me i
Reformation of the J oor and Destitute luennaie," j
passed Asm ft, J iftL and bis act ftWOfllilt 1 lie same,
passed April 21, lcJii, ana tuc act amending tne <
same, passed hltvcii 27, U.'.7, ami to amend the ;
nevehu acts lu relation to the New York .-itate lue
hrlate asylum, and 10 chance the number of its 1
trustees aud tuc mode ct iiieir appubuuicui and
directing i iic mwMwwt of sail asylum.
ft-nt. To a.low fui titer cvo.s iu suit- brought by
working worn n.
937. 'lo provide for th.> construction of a swing
bridge over buffalo river iu the city of Buffalo.
00. Toauinori/.e tan Maiden Turnpike Company j
to oouslruct tiniuwafs 0.1 their tai ipiae road, 10 tlx
the iatcs of lobs thereou and to change ine location
of iiictr toigaie.
v.r.i. To hp. lopriate money to repair the ror.d in
jured by the Uoue.-ee Vuitey Canal intUetownof j
clean, couniv of Cat uraiMua.
0i>. To incorporate .no Brooklyn fcteam Transit .
Cou.,.a iy.
941. For iho roller of Coi.rge Saunders. I
w;. For the relief or Henry D. Denl en. 1
&43. To pi event the flooding of canals by reason of ,
the conn ruction of the Sta.e dam across the Toua- 1
waU'ia creek at tuo vtt age of '1 on a.\ ami a.
PERSONAL NOTES.
.Te- e P. nrrnt, father of the Pre'. lent, is reported
to nave Koiteiitug 01 tuc nratn.
Uoveraor du.iry's eldest dauglitor, Angelica, it l.s
rimnired is engaged to iliijor Filler, eaitur of the
Uartlsbuig/fie of.
The Rev Mr. Young, widely kno'.?n as "Father
Ymmg," died an Id miv at ais rcs'il nce tnCleveland,
Ohio, 011 Sunday night.
Ml l.mzle :'i.or, daughter of He ir Ad nlrul Poor,
I ? to 1st in 1 Tie I to l.b mS uunt ConiinaiiJer Jewell,
o. tUe nav y, 011 the lila in-t.
Mrs. Myra Oiaiko Gaines has another light on
bund wl. 11 the cuy ol Near Orleans in order to act
pusses lou of hes property ui that city.
Tne state of Ills hcaltli and the urgency of other
Uu ies nave urns d .senator Sunnier to decline the
luvituUiMi to deliver lue opeulng address at the St.
Louis lair.
Judge .-wayno, one o'fie A'soelate Justices of
the Lnite 1 states suprems Court, wus In Detroit on
the full Inst., hut uit the vmuo nay for Grand
Kiiplds, Mich.
Ch'ef .lu tlce Ciiftss, whose health continues to
improve, will oe me guesr. of Ins daughter, Mrs.
,Senator Spragno. a: Nairaguusett, li. I., i.iU sum
mer, and 01,1 prooainy go to fturope.
jgOiLKTX NOTES.
There Is an e iitor In New Jersey with tlio appro
pi tutu name oi Siattergood.
Tne aj- Is a new elterno m d.n'v stBrtcd at Hons
ivu, Texas, by Mi liary A iilckley.
Virginia Csstleinan Bopuia Preston Breckinridge
Taylor n .itos lor 1.1* Cworyd oOsc/rs/ .
The Chariotre-vilio (Va. 1 Chi-oniom Is to be pub
lished after Jn.y 1 daily on a small sheet.
The cris<*. a democratic newspaper or Colum
bus. Ohio, has been merged into tile Ohio S afes
?mat.
Jolm Knoi ? printer, aged forty from Palmyra,
N. V., committed suicide at Uartford, Conn., by out
ting lus tniu.it.
Abner Newton, who has been tne editor an 1 puts
llaher 01 the Mid lletown (Conn.) const *m?#o since
isu , died on the Jstli u't., aged Mvouty-ffve ycaia.
He waa the olde.-t prin.er iu Hie state.
One of the earliest papers published in Maine had
V All "
JtujiieU'.i EO iO, or t V Nor th ,',' a , primed in prye.
Iiurg. In 17?P. ft was utaricd by lln.ali itiiH-eii, adiu
ha l forme. Iy printe 1 a paper la Concord, N. H.
'1 wo MeiuploH editors iimvo been calling esch other
a lot of tilings, und now both of Uieiu nave their
meals brought to Clem In too faiieium, lor l nr if
they go out to iiihcL 1 hey n av meet each other.
When they arc ti i.ped to go out lor 1. drum tuc; aro
lUvgm .?J j?y that uo 0go WW knoo li vo
THE LiTE TRAGEDY 01 SHIPBOARD.
The Mutiny and Alleged Mmder on the
Ship J. L. Bowen.
EXAMINATION OF IflE PRISON ESS.
Yesterday tbe prisoners charged with mutiny and
the murder of tbe captain of tbe Bhtp J. L. How en
Amesbury, were examined before Commissioner
Davenport. Tbe names of the aocuscd are:?Manuel
Antonio, Michael Antonio, Thomas Roach and James
Thorns.
Mr. A. H. rnrdy appeared as counsel for tbe go?,
eminent, and Mr. Robert N. Walie defended the
prisoners.
It will be seen from the evidence printed below
that nothing has yet been elicited to show which of
the men struct the fatal blow that deprived the
captain of life. The particulars of this lamentable
occurrence, as they have appeared In the Hbrald
from the pen of the special reporter, are, so lar as
the testimony taken yesterday goes, fuliy corro
borated by the witnesses sworn at the examination.
TESTIMONY OF TUK II ATI.
3. W. Sleeper, the mate ot the ship J. L. Bowen,
was examined at considerable length. He ten tided
us follows:?When we reached port I caused the
prisoners to be arrested as quickly as possibly; tne
trovblo arose Ave days after we were out from port;
at four P. M. the men were at work on the anchors;
lor the purposo of moving the anchors 1 had to put
a tackte on It; Thomas put the tackle on lathe
wrong way; I desired him to flx it; he did It. wrong
agalu, an d gave souio bilk that nutdo mo mad; I
Cling a stick nt him; Manuel Antonio rushed at me
with a bar; the captala threw him off: Thomas
struck me several times; after this 1 saw the cap.
tutu lying on the deck with his hea l split open; I
curt not f-ce who struck tho captain; Johnson, Mike
and Thomas ttion took the captain aft; alter this
tho captain lived .r out, two hours and u hdf; I
have n t talked wttu Thomas since, nor heard him
pay anything In regard to this trouble; 1 am a
nephew of the captain.
Cross-examined? When we left this port the
captain uid not desire me to get any shooting irons
ready for these men; before I Do trouble iho men had
performed i.telr duty well: when i found fault with
iiio men iiio second time 1 called Thomas out of his
name; Thomas ciUied mo In the s me way; 1 then
threw the stick at lilai; the captala thou told me to
t.ue no impudence from tho niggers; the stick I
threw at Thomas was a piece of board, about eigh
teen in: bos luug: It welshed about three pounds;
Manuel Antonio then came lowatd me with a bar in
h.s band; no did not try to hli uie; the second uiato
threw hliu down on the deck; 1 did not see him
s'like the second male; Thomas followed me up
anct struck roe; Idle not strike back, but tried to
get uwar from him; 1 was struck twico on the head
and once on the shouide>; we satled on M y as,
civil time, and June 2, nautical time; saw no blows
struck at the enptam; when i was knocked down 1
i,!. the men to stop and they desisted; after tnis
the m?u ot nved all ray orders and never attempted
any rarthcr iroublo; the prisoners, though they did
net assist m ho sting the signal or distress, did not
oppose tlr.it act: l wu-. knocked from the lorecasUe
TEST.ii. NY Or OICONOE B. CRANB.
Thlswruess is second mate or the J. L. Dr>w?n.
Be depoted?This <iifHcalt.y took place during my
afternoon watch on deck; t lie first mure told riiouias
roil- the anchor properly; he fl.\e.l it wrong three
times; Hie n me nun addressed some harsh lan
guage lo the sa';or?; 1 then lookei out for u dis
turbance; the men had then armed themselves with
capstan titrs; tliey moved townr is us in a menacing
manner. Manuel Antonio leaning them; as lie camo
tip I seized him and thr'-w htm on deck: Thomas
catue at nio wun a bar which he had raised to strike
me; taking the loir from nlm 1 hit him on the head
with .t; tne steward then came up witn a cord wood
stick: no tried to strike Thomas with it; l was at
that time struck on the back ol iho neok and
kn.c ked ^cnsetesi: after 1 recovered my senses the
tight was at an end and I saw me captain lying dead
on tna deck.
Cross-examined?The throwing or tho piece of :
wood by the nmte wn? the nr.-t violence offered; all I
but Manuel Ant into rested their bars on deck; j
Manuel had his bar raised over his head; I did not
sec any one strike the captain, and did not see hint ]
mixed up in the Hghr; l saw mm come forward be- 1
fore I threw Manuei to the deck; 1 did not sec him !
liava any weapon in his liatid; 1 did not hear the j
captain tell the mate to kill tho ??; did not hear
liioi use Vsai -n or bad language to rlie men; up to >
the i erlod of the fight the men were good seamen
and rcadliv oboyert or Icrs; ni.v .-kin was not broken
by the blows i got, nut my neck Is swoiioa.
TEST.MONY OF JUT MET ? OSS.
Matthew 1 os.-, steward of the .1. L. itowen, de
posed?t came out of the galley and saw the second
mate lying on the deck: l thought he waa dead;
saw a man at tl.at lime strike the tir:-t mate; I was
so C'db set and astonished thn' 1 did
not see exactly who it was; two men
then made for mc; one ot ihcm struck mo; I was .so
seared that I r riiiot tell who hit niej t e captain,
w urn I-:i\r taken up .'rom the deck, was ah cov
ered wnh blood, he did not speak; lie died about an
hour an i a hull su> scquinu>.
Cross-oxmined?Did not see the commencement
of the trouble; the men Mild they would kill rnc;
got a bioadaxe. .inn d' lendwi myseu as t>e-t 1
could; 1 uvi-t had a piece ot wood !n my hand but
the to V it from mc; t saw th~ mate receive on the
b rk of the head the blow wnlch knocked hiui
down: l v.hh going to hit Thomas with the axe, hut
he suat iic nud notdoucaa;, thing; 1 then v. oat uway
lro.ii him.
TESTIMONY OF R. P. CIFTFP.
It. P, Ciiyt r deposed?1 was a passenger on tills
ahip: I dl i not come out of my room u. tii iho
trouble w. s over; i ores=cd the wounds of t.ie first
and Mvond mate; I was afraid, and did uot tu.k
w.ui the nicn about the flg'.iu
Tne i x ;mln ;r:on at tins stage of ilic proceedings
was adjourned UU to-day.
Tlii: QtiKiRS' FlKiLK.
Clo-oofthe Ytarly 9l(i>tins?A fScneral
Ivrciii'" of Friends from All forts ol ttis
World to be Ileli! Here Next Fall.
The l'rltnds who have been In session here far
several unys closed tiieir business yesterday after
no m and In 'lie evening held religion* services In
the nt. el Ins house in Twentieth street. At tho busi
ness nic-ting reports were read from the societies at
Ferrn'ourg and Nine Partners, excusing themselves
for not naving raised tuclr monetary quota last
year, and from tho ?nrato<ra soc ety asking that in
future ail moneys be raise 1 by quota and nm be left
to voluntary contributions. Au a;ed Friend at this
point cave a brief exhortation to tho younger mem
bers to make a tell coii-ccruliou ol 'themselves to
Cod.
The proposition of tho Western Yearly Meeting
suggesting the propriety of holding a General Con
ference of representatives of the .society of Friends
in Great llntuln, Ireland and America tn this city,
next fall, was read, together with the report of
the special committee to whom it whs re
ferred. appro: lug of the same, hut suggesting that
November would be a much better time than July
for such a gathering here. The committee also de
sired tnut the conclusions of said conference should
be advisory only. The proposition was fn'ly dls
CU-:.sod by Friends, and with only one dissenting
voice, was approved. The action of tho Baltimore
Yearly Meeting on the proposition was also read,
bin Us vagueness prevented any concurrence in It
bv the New York Meeting. The former deemed ttie
time haroly yet come for tne as-f ubilng o; such a
Conference, but heli? ved it not far distant. Ii was
the settled impression of many Friends that ouly
good w .uld result frmn such n gathering, and that
tne entire body w oultl be dr.. wn more < losoly together
and tie ono tit heart an t fellowship as m spirit.
Dr. Thomas and Henry Watson, feeling them
selves burdened with messages to tne female
Friends, went an I delivered them -elves of them, and
Edith GrlOltli. having a like concern for the nva,
unburdened her soul to them in an address of en
couragcment to Cliiisiinn cheerfulness, earnestness
ntnl perseverance atin diligence lu business, aawoll
us fenency of spirit In the laird's sei vice.
Tne standing couimitteos on Sunday schools,
general Met lings, Ac., for the year were appointed.
A good old uoustollo praciics prevails among
Friends of corresponding with societies in different
purrs of the world; and, us a number of such
einsiies were read at the opening of the Yearly
M eting hero irom Fr.cn is in Dublin. London,
Canada and different pi l lions of tho United States,
npuropi replies wore read and directed to be
lor wauled to tlie some, alio wltn this the business
ol tne orthodox .society of Friends lor is71 was
brought to an end.
A FATAL fliSI AKE.
Ilinlic Acid is Token fsr Hulpbato of Msg
iishIm.
An Inqnegt was held yesterday by Coroner Bath,
gate at Metro- e, Westchester county, on the body of
I'airlck O'Kourke, aged about soventy, who died ou
the previous evening from iho effects of a dose of
poison accidonUlty administered by himself.
Deceased had formerly bceu engaged Iti tho
maiuitactnre of shoes, and whllo looking
over the implements ot his trade r tumbled on
a am.nl puekago of somcthlag which he pro
nounced Epsom sabs. During tac aip rn.mn
deceased complained to his daughter of feeling un
well, ail i intimated his intention of titling Home of
the supposed sa'iae cathartic. Wlthot doubting tne
properties of the ninthyuoiw drug, the daughter ad
vised bun not te take it, saving that, bo would leal
bitter shortly. 1 lucking it would re lie re him, how
ever, the old man dissolved a quantity of tho sup
poseu nails hi watei uul anna iu tie was at once
soi.'Ad wiin viol on l spawns, accompanied by mces
sunt voml'ioff and, although a pnyslcum vim
promptly called lu. lim unfortunate hum died iu
about o..Ji an t.our. A verdict was rcuiuert lu ;.o
co i.oue8 w?iL 'ue abora fkcta.
ARREST OF JOE COBCRV.
Jn Caught Wririif Stoles Jewelry u4 Res
la ea a Warrant?The Sale Traced to
*'J*rofeMor Billy"? HI* Appearance at the
Tomb*? Held la a Captain'* Caatody Until
To-Day.
The pugilistic Coburn was yesterday arrested and
taken beiore Judge Hngau at the Tombs, charged by
Amos 0. Bell, of 20 Fourth avenue, with being in
unlawful possession of a gold watch valuod-at $125
and a gold chain valued at $103. In the affidavit
filed In the court ut the lime the application for a
warrant was made it was set forth that Bell had the
watch and chain on his person on the 17th of March
last, and thut while walking in tho street they were
stolen from him by an unknown person. Coburn
was neatly attired in a olaok coat and vest to match:
w 4$a u('iiii j (iii At (3*1 in a uittuiv luui <iuu vusi wu s
his pautuloous were of light tweed and looked
"summer.'' while Trom his breast
SFAKKLBK A NUMHKR OF SMALL BRILLIANTS,
which, with bis spotless shirt front and tleauly
shaven face, gave him the air of respectability. But
Tor ills closely cropped hair there was nothing in '
his appearance yesterday to distinguish him iroui
any otnef peaceable citizen.
Mr. Bell appeared beforo his Honor, in company
wl'h Joe and Captain Garland, of tue Twelfth pre*
ciuct. and swore positively that tho chain was his,
but tne watch he was not so clear about. The Judge
took thn affidavit and asked Coburn to state how no
came into possession of the articles referred to J
therein. Joe replied that he had recently purchased
the chain from "Professor Billy Clark," the proprle. ,
tor of tne Arbor, In Houston street, for a certain '
snm of money, and as a proof of this assertion he ,
desired to h&vo "Billy" brought to the court. The
watch he purcha -od a few days previous to last St.
Patrick's Day, so that he was well aware that that
certainly did not belong to Mr. Bell. The Captain
was sent after the "Professor," accompanied by Co
burn, hut on arriving at the Arbor they discovered J
he was lying in bed sick with rheumutlc fever, aud
unable, according to the certificate ol the medical '
man in attendance on him, to leave the house, lie {
admitted to the Captain mat he
( FRTAINLY KID SBI.L THE CTTAIN TO COBCI1X,
though nothing was said about the manner In
w hicTi he got. possession of it. Air. Bell said that he
wan our. walking on .Sunday last, and subsequently,
entering a place (where not staled) where Coburn
v. us, the first I lung that attracted his atteutlon was
the guard hanging from the laitor's person, and he
applied on the ioi.owing day for a warrant, on
will li Cob'irn has been arrested.
Judge ilogan int imated that as Clark had corro
borated Coburn in the matter of thesalo of the chain
he cou'd not hold him on that charge, but ue would
leave htm in the custody or tlie Captain until to-diiy,
in order that further inquiries might be made of
Til I ly, so as to trace the atralr In the regular way.
Coburn therefore lift the court in cliaige ol tne
officer, looking not n wait wor*e for tne heated
orde?l of silting in the close courtroom and las
1 nrado with tils captor. It is expected he will bo
discharged when the case comes on for examination.
MIRPHY'S HVSCLE !H?S.
Theodore Allen and Ills Cany mid (lie Repub
lican Primary ilfeeiicg?Examination Before
Justice Cox Yt nit rCay.
An examination was commenced before Justice
Cox, at Jefferson Market Police Court, yesterday i
morning m the case of Theodore Allen auo Willi: m I
P. Burke, charged with feloniously assaulting j
Mi sir*. Winterbottom and Butler, at, tho republican i
enrolment held at No. 202 - pi in? street on Monday j
nurht last, the facts as to which have already
appeared in the Herald. Ex Judge Stewart ap- '
poured for the defence, and first oalieu up '
the compiaiut preferred by Winterbottom. Ailon, j
who is out on $6,noo ball, appeared early in tne i
morning, aud Burke, who is sufl'eilng from con
sumption and uuable to furnish $10,030 bonds, w as I
brought up iroru the prison, looking more like a
corpse than a human being. i
A number of witnesses were examined, nil of
whom were present at the disturbance, aud who t
testified that there was a general scramble at tiie ,
meeting in question, and that oaths and chairs were :
very freely thrown around, and that the general
Instruction* given to hit a head wherever they saw j
one was very implicitly obeyed.
The case was here adjourned uutil nine o'clock
icn tho defence will pla e their wit- ;
this morning, when the defence will i
ues^es on the stand. Judge Stuart solicited jus
tice Cox to reduce the amount of bad in the case of
Burke, on account oi ills impaired hualiii. Justice
vox promised to consider tho matter when tho
proper bull should be produced before him.
TILS ILLINOIS CYCLONE.
Terrible Dfrtrnctioii-^liflnlar Effort. Upon
VotretatloH?Altogether Wonderful 1'taeiio
menon.
A remarkable phenomenon occurred on Friday last
near Mason Glt.v, about six miles wast <>f Jackson
ville, liimojs. li Is regarded as one oi llic most re
markabie tornadoes or Incipient cyclones ever wit
nessed in this or any oilier couniry. A correspon
dent oi the Chicago i .e i-nys that on the morn
ing or the day stated, wtulo the air was intensely
sultry, an iuky-lined cloud or swoke-iikdcoiumn wus
observed gathering near the earth's rurtaoe. Soon
this {treat black column, the base of which rested ?>u
the earth, aiiot tip tnree .list.net and well-deune i,
bnt narrower and spire-like ciond column!* which
co ntinued to ascend rapidly uuni they reached and
eecuied to attach themselves clure.y to a passing
cloud above, iho frigntlul speciac e continued ;o
move eastward sto'.v.y, luit constantly, ior some
Mtoen minute-, then changed us course sligl tly
to ihe southeastward, greatly to :..e romf
on he people ol Mason, wtto \. ere expecting to see
ilteir town torn to pieces by the angry e emeu's. i
For some tifiecn uimut s longer Hie dieadtul appa
rition moved hlowlv on. changing it - shape conside
rably in it progressed. Tne two outer spire-luce
columns soon disappeared, leaving none bnt the
inner column resting upon the great bare cloud be- ;
low, and still attac lung uhc.i to the cloud Hiiove. I
Suddenly tr.o awlul apparition disappeared, as 11 it j
had becu L)\ti a vislou or a dream, and not a tearful
reality. While the black cm rent was moving a
cold current of air coining from the west was most
sensibly felt at Mason City, and a mile aw ay from
Its track an o lor ni..ch like that of mirning sulphur j
was inhaled Ov several persons A gentleman who
ha l becu a soldier and was m many battles ntood
hue a hnndrod yards from tuc tornado wucn It
passed, and lie says that small dashes of electricity ,
were constantly visib.e in tiie storm co.nuiu pass
ing from tiie cariu to the cloud above, and iliac
rapid popping, cracking reports were hoard, re
minding linn most foicioiy of an intau ry regiment
In haltic firing their niuske s as fn-< as possible.
As fearful as was tlm appearance of this column i
or colniou.', re ling upon the raith ami reacting to :
Mini tnkiug last hoiu uu the clouds ol heaven, morn
marvellous, it poss hie, was its destructive work i
uuon the earth in its pathway, which was nearthreo i
miles in length and varying 111 width, from twenty
to eighty feet. Not a ape ir ol grass, not a stalk of .
corn or wheat, no. u shrub, not a partlcio of green
vegetation was left alive. Had tne tires descended
iroiu houvcii ami laden In the pathway ol this tor- j
nado, as they aid on tJouom, the destrnotion of :
every living thing of the vogeta' lo kingdom could 1
not have been more complete. For some dlstanco
In its puih the earth was literally ploughed up >o the ,
uepth of six inches. In passiag over the unbroken :
prairlo, so inconceivably rapid must Itavo been (lie i
rotary moiion of the wind of the tornudo thai the
earth was gathered up from the deep roots of the
prairie grass, and the turf, wnh its bare roots as
cb an as if iliey had been washed, was urte i from
tiie earth aud left strewn in iho storm'.- pathway.
Where the course of ilie tornado lad through a
wheat field every stalk ol wheat staudtng m Its path
was torn down and twisted Into every couoeivable
shade: un l where an osuge hedge lay across Its way
lor tne width of lis path the hedge bushes were torn
into s&reds.
B'lt the most won lerlul of all tho phenomena
connected with this tornado is that the column of
whirling air must have been intensely hot, as is
shown by the fact that every spear of grass, stalk of
corn and wheat?every green thing in H< path
were literally dried to a cusp. The prairie gr t.ss
biong tiie dorm's track, which was luxuriantly
treen beiorc the tornado passed, wm left as brown
and dona as it. is founu in miuwintor. The leaves
of the hedge where the tornado passed across Its
way crumbled as do tuc dead, ur? leaves of the
forest after tho biastiug autumn Wost Iiua done lit
work. The young corn which stood iu
its way Is as o nek as If u withering lire
had panel through It. Another leaturo
of tnis tornado was, that whllo Us rotary
motion inu-t nave been of inconceivably great ve
locity, Ua progressive motion was not above the
rate ol six miles an tour. Tho outlines of itsptnh
wny weic so well d jfliiad that live feet from the
bui r line of total destruction oi vegetation oi every
kind not a vestl*e o? its eifects could be seen, lii
fact, the outlines of its patn of destruction were ?i
most as clearly marked us i hat of u mower's s vmh
through the meadow, and its work more complete.
Fortunately no house stood in the tornado's Ilia
of march, it paused between alarm house a.id
bam, but escaped both, lis onward movement was
so slow that man or lieast, If In Its way, couid casiiv
e.cupe. lie uiogresnlvc mm ion of a torn idols
usually at liiu rate of tlnrtv to sixty miles an hour;
the ;aui oi this one moving at tho ruto of six miles
per hour was most stogtuir. dim path of a tornado
Is usually a quarter or a half mile lu wnitn, tuls ono
w;o? but twenty to eigniy lcet iii width, ihis is
ai.otbur uuusual feature.
W31HAN?? ISSUES.
OvvfCK or Tim
Empire Crrr Firk Insitkamor Cop "ahv, j
Nkw If ok*, Juno s, lav i. j
To Tim Editor or tiis Urhald:?
iahdk RKTwrsn issi mixes ovarxivies.
Ths Home t.lfs Inxursnoe Oomiiviy, It ?,.|>ears, (Oin- fsw
woeksaeo mvl? application and gul a recelrrr A|>p<>lntar' tor
tie Empire Vim Insurance) Company on lb- n-iim groim is.
This order the Kmpu'e men ooalend ?ui obtain*.! lurropti
tloueiy, una yrslnrusy, through their ooanxel, tuny got no or
der culil ig n vii their opponents to Ihuw onuss why the ap
l>uiutmetil ol * receiver should out he ast os.ue.
In calling your attention to the above article,
j taken irom your paper a tew days ago, permit me
. to say that there is no such compa ly as Empire Fire
; lu this city, end therefore Ukelv to mislead ih t pub
be luto tho oolief that the subeothad reierenoe to
I tills oouipauy. It mil it mean some out r company,
i and i would thank you to make rite correction, as
( the Empire City I re insurance Company tics no
I c nt 'ovuf-y with the Hons info Insurance uom
Vours resuoci fully,
WM. J
A. BUIiTf!#, Frvsnft-uW
THE COURTS.
Important Decision in Bankruptcy?Charge of
Attempted Mai der on Shipboard-The Nor
wich-Roy Collision Case?Verdict of Dam
ages Against the City?More of tho
Black Friday Gold Transactions? The
Fisk-Aimee Suit Settled?Busi
ness in the General Sessions.
UNITED STATES DISTRICT COUNT-!* SANKNUPTCT.
Important DecUInn by Judie Blatchford as
tn Voluntary Conveyances?Opinions of
Chancellor Walworth and Lord Chancellor
WeMbnry.
John 8 Ofpolelc, AtJignee in Bankrtip'cy of James
JT. Place ana Jantee o. Sutrkman. r*. Jamce 1T.
Place ana OtJiers.?THIS case has been reargued In
the United States District Court. The planum sets
forth that the settlement made by Place 011 his wife
of property tn the Firth avenue should be aet aside
and rendered void and fraudulent, on the ground
that it was made with the view of cheating his
creditors.
Judge Blatchford has Just rendered a very lengthy
decision in the case, lie s^ys tho planum Is
not entitled to a decree as pi ayed for as respects
such property, furniture and proceeds. Mr.
Sedgwick, the plaintm, as assignee In bank
ruptcy or James K. Place, Is vested, by
virtue of section fourteen of the Bankruptcy
act, with ail property convoyed by the bankrupt la
fraud of his creditors. It was decided by tho Su
preme Court or the Uuited Stales In 1821 (Sexton vs.
Wheatou, 8 Wheuton, 229) l.iat a voluntary settle
ment in lavor of a wire cannot be impeached by
suosequent creditors, merely because it is voluutary.
In Hinds, lessee, vf. Longwoitli (It Wheat on, lv<9).
In 828, the doctrine was laid down that the mere
fact that a grantor who makes a deed to a child In
consideration of affection Is In debt to a small
amount will not make such deed fraudulent as
against, creditors, If it be shown that the grantor
was in prosperous circumstances and unembar
rassed; tiiat the gift to iho child was a reasonable
provision according to ins slate and condition or
lite, ?uo tiiat enough was left for 1 u? payment of
the debts 01 tnc grantor. Tills doctrine was approved
by tho Court of Appeals of Now York 111 Id >1, in car
penter vs. Koo ao New Yoik, 227), nut 1111*82, in
Babcock vs. Eckler (24Now Yoik, 023). Tiio cam la=t
cited nlsosavs that subsequent indebtedness cannot
bo Invoked t;>make that fraudulent wiic ii was honest
and free fioui Impeachment at the time, in Van
Wyck vs. 8e .vard (?j Page, 621 in 1838, Chancellor Wat
wort 1 said:--"! presume it cannot be seriously urged
that when a parent m ikes an advancement to his
child, honestly and lulrly retaining iu 111s own hands
at the same timo property suiilcientto pay all his
debt*. such child win uc bound to refund such ad
vancement for the boueilt of creditors, it it after
wards happens lhat tue parent, either by misfortune
or fraud, dues not actually pay all his debts which
existed at the timo or the advancement." in the
case of the ifa< k ci the lulled states vs. llor-wan
(6 Page, 686), in is u, the aame judge ? aid it w <s- the
settled law of New Y ork tnat a voluntary convci auco
was not, 1 er f fraudulent eve ins i-g.uiist ereditors
to whom the giautor was indebted at the date ol 1110 1
deed. In Frazer vs. Weston (. Barbour, in. if. 220), 1
iu 1846, iiie same judge sanctions a conveyance
formed upon trie consideration ol blood 01 mood or I
o! marriage merely. Tho legal presumption, there- 1
fore, Is tn.it such a conveyance is va id and not a I
fraud upon the rights of any one. Tho judge refers
at much length 10 oilier authorities, citing tlie de
cision of Lord chancellor Westbury, in 18'4, in the
ca.ue or Splreit vs. Wlliows id be Oer. Jones vs.
tmlth, 293, a id it Jurists, new series, jpart 1, ii>).
I i ih it case tne Lord chancellor saidthe plaintiff
sues as a creditor to sot aside a voluntary soiile
moiitor deed of gift made l>y the doiendint, his
debtor. TI10 plaintiff's debt was conn-acted
before the time or making the settlement, lie !
has since recovered judgment at mw aud tho j
debtor has become bankrupt. The piaiutiif com. 1
plained tn the words ol tho Mutate of liz meth tint 1
his judgment and execution .ire niudcred, delayed, i
and d'Trunded by the conveyance u thy goods and j
chattels of his debtor made by this voluntary set- j
tlcmenr. The leiencc is that at the time ot making ;
tho settlement the debtor reserved and had prop- 1
erty enough to pay tue plalntlir aud all his otnor ;
ere liters 111 full, and that the settleaieut, titan ore,
Is uot fraudulent, necause tbo debtor remained sol
vent after he mad ! It. There is some liicouslnciicy
In tne d-rl ic t c.i-c- on tne ?ub,oc: of con .cya n es
In fraud ol Creditors, but 1 Mink tne fOitOWl ig OOU
elusions arc welt founded:?II the debt of the 1 re 11
tor bv whom tin- vo uutary settlement u irapcacuea
existed at tiio dale 01 ihOrie iic- aii.il, aul it it ;s
1 snowti tit at the remedy of the creditor s ueieued
or delayed by the exl tcnco n! tho settlement, it w
: traiiniterial whether the debtor was or was not
! solvent litter making the aettieme.it. l u- if a
' voluntary settlement ordee.loi: gi.ti.e impeached
' by b ir>rie<|iient en-mors waoso deho.s h.iu not lie u
contracted at tne uale of the aotUcineu;, with ex
press tr.tont to nelav, hinder or deiruud creditors,
or ih it after the settlement the debtor hu t no suffi
cient means or roason.iblo expe taiiotci of being
aide to pay Ins then oxirit.ini detns?that Is to s.y,
wits reduced to a scate of insolvoucy, the l.iw im
plies that the settlement was unt ie trilii intent .0
delay, hniuer or defraud creditors, ami that 11 is,
therefore, fratt lulon: and ro d. It is oifvious tti -r a
voluntary se tier otalmng numcy enough to pay itie
debts which he owes at Uie utno of making tne set
tleinniU, but not actually paying them, cannot give
a different character to the settfeiiieut or lane 11 out
or tne statute. it still re.ua us a voluntary ah -na
tion or deed of sift, whereoy, in thai event, the
remedies or creditors are delayed, inn lore i or de
manded. I o.m, therefore, of opinion tuat this settle
ment is void as aguiiist the plaintiff.
Judge Biatchiord quotes other authorities, ami
says that James K. Pi ice, the settler, was lor ser
eret years previous to December 1, 1865, in a pros
Krous buHim ss In the city of N. w York as a mem
. . f the mercantile ho is-, o. J. K. 4 K. 11. Place,
In which ho and P. is. Place were the only general
partners and ..ames D. Bparaman was ino M-le
special partner, '-he copartnership had, by its
terms, on the 30th of November, 1*06, some 1 no- yet
to rue. In the summer of t8d.i, J. K. Place being ac
that time prosperous lu basinc-a and ireo from em
harassment a.ul abundantlv solve it, determined to
make a settlement oil ha wire of a homo lor a resi
dence. In pursuance of that purpose .10 purchased
for $5,000 a ground rent ica-?o or a lot ol land on
l'ilth avenue. Tho holdor 01 tlie lease assigned It to
James K. Place, by an instrument dated Juno 21,
1835. and recorded Beotemher 10, i80j. He immedi
ately commenced the orectiou ot a house 011 tilts lot.
K itlihi the principles sotue.i in uie cases before re
ferred to .ianies K. Place was solvent aa 1 pecuniarily
in a co iditlon to m:iko the settlement. It was not
unreasonable in amount, and after no made it uo
hau abundant properly left to pay the.debts which
ho owed.
As to tup Fifth avenue property in question the
Judge decides In favor ol defendant; and with re
apcci to other property Involved he gives a decree
for the plaintiff.
it is understood that this rose may possibly bo ap
pealed to the United .states Circuit Court.
UN TED STATES D3T.TICTJC3UST-IN ADMIRALTY.
Yesterday Judge Illatchford rendered a decision
dismissing t ho Hoc! in (he colli lion case of The Nor
walk vs. Alio James Hoy.
The Brie lUllway Wtir.
The Erie reference re ipeoilng the ilcath and
Raphael at oca has been a Ijourued to Saturday.
UNITED STA'iES COBHISilOJOS' COiJDF.
Attempted Mnrdi-r on Tlomd Ship.
Before Commissioner Shields.
Tin Unfed SUUex re. John Artco%?The defendant,
who is a 1 hi.iauiau, was yesterday committed to
nwatt the action of the tiraid Jury 0,1 a charge of
having attempted to murder Sidney Baldwin, on
boaru the Aiuer.c th brig Thomas Owou. The jrois
of ttiis case u.tve o.en alrouuy aeiullod la the
liXUAuD.
SUPREME CPU IT?3? ?SAL TERM.
Verdict of Dninacen AkrIssI the < Ity.
Before Judges lngraham, Barnard aul Cardero.
William H. II me v.t. Tl-e Maym, <t-c.?In Tonru
srv, 1867, an awning fell at the corner of Fourth
avenue ami 125th street, resulting m the kiUi ig of
David I,. llpys and seveie Injuries to the piaintlT.
fu.t w is bioupht against the city tor damages on
Account of those injuries, on the ground that llu
awning Was unsafe aud that havlm; it t.icru at all
was lu violation of a c.ty oidln.mce. A veiuiccior
$12,000 was given for the plaintiff In tho lower court-,
and also o.n- of *6,000 lor tho wldoyv of drcoam-d.
In both oases the eltv appealed, insisting thut,
a cording to the pmitK.tr? tcstlmonv. if the awning
wa visit, y Jti.geroui iu going under it ho was
guilty or negligence and that the owner of 1110
building was r|?e only p.uty against whom damages
0 1.ild be claimed, ami that the city had no nonce
that tin awning w?i put up. Alter a lengthy aigu
n.c.it tne Court affirmed tne verdlot 01 the lower
court.
SUPREME COURT1?CIUM3EB3.
Dn-UUns,
By Judge Jngralmm.
A" Grand Lookwood el uh vt, Jot$i>h D. S'cicai A?
Receiver appoiutod.
M'ir ia rt W. RQgtrn r?. iri'i nm F, -7T.'.?Report
of lifereo count mod uud judgment of dtvoroo
granted.
IUpERI6i! CDURT?TRIAL TEf.M?PART I.
(?l-lllog AO Ifvth 'ddCC.
Before Judge Sp.'neer.
fame* Foe vr. ,s'. s. BUvet-s,?'ThU was a snit to
rcoovrr coiumlHsto-u on thoo.ctninro of real estate
of the v.uue or $ioo,<Kio, the piiiutiiT claiming one
per cent ou each side, The other party paiimui.
but the aerennant renu?M paymakfc A verdict
of #oeo wis given for (lie plaintiff.
SUPERIOR COURT--TBUL TERM-PART 2.
8nit Afilait ?? lutturauce Company for Lm|
M MOO.
Before Judge Barbour.
GHTbert O. Young vs. I'aoirtc Insurance Company.at
The plaintiff sues to recover ins urance on seventy
casks of ale, shipped oy brig Ballot Box, from this
city to Galveston, Texas. The vessel was lost oil
Boiivar Point, In Galvestou harbor, and abandoned
as a total loss. The deienduuts deny the total lost,
ss some t-f the ale was subsequently taken from the
vessel aud given, as alleged, to the consignees, and
claim thr.t the p'.lloy was not issued for a partial
loss. The case is still on.
The ltluck Friday (Stack Operatlaaa.
William McOormick vs. morgan Re?n? tf Ot>.?$
j sealed verdict In this case, the particulars of which
' have alriady been published, was brought in yes
terday morning ou bebuif of hluiself ana a fellow
Juror. One ol the Jur>men repudiated the veratot
because he was informed by some of the Jury thai
the ea?e would be appealed an.v how, aud that if
would preveut them staring out all night. The
Jud?e gave the jury souie important hints on th?
?ubiect ot jury duty, and then ordered a new trial,
J. 0. Jackson for plaintiff; Parker and Beunott fot
defendant.
New ITlnl ??' an Old Onld Transaction.
Before Judge Van Brunt.
A. C. Lawrence v.-. James B. Maxwell.?In Dsj
cemoer, l><oa, the plAlntnr, as he alleges, engaged
the defendant to buy and sell $300,000 gold, leaving
with him some $46.ooo Atlantic Mail stock as
security. Theno securities have never been returned
and this sun Is brought to recover their value, tns
churgo Doing that they wore wrongly convorted.
The dcience is tuat the securities were disposed of
m the ordinary course of business. The case intf
been tried before, when A verdict was given for thO
pl.ihitiif lor $4 -,60,1, irom which the deiendant ap
pealed to the General Tenu, who ordered a new
trim on mere technical grounds. The ouse is silli
on.
SUPERIOR COURT?SPECIAL TERM.
TUo Jim Fisk, Jr.. nail Mile. Aimee Sail
Nipped in the Mud.
Before Judge Monell.
James risk, Jr., vs. Marie A imde.?The great)
| Grand Opera House impresario and Mile. AdmOe,
; his chief prima donna in op4ra bouffe, have nettled
, their little differences, and the promise of an excit
ing sole lii court lias been iiinoed in the bud. An
order of discontinuance of tbe suit was yesterday
: lllcd in this coart.
Dteiiiiunw.
i Hicks vs. Tal'u? Order granted.
j Me j r vs. Ait pel tt o,'.?yuiue.
I Fill g vs. ffllman.? Surao.
i Bum is. Carrol'.?Saiue.
I Sunsjlttia vs. Wait.'.?Suine.
I achOilria c 4. Wa do.?Same.
I Be os-vs. itog, rs.?Same.
By Judge McCunn.
May y. Bliss vs. Melandfton Bliss.?Reference
ordered.
IKARL.E COURT-PART L
Decisions.
By Judge Curtis.
Dorlin vs. Word'm.?Judgment for plaintiff.
O'brten vs. Xhuioiiue.?Judgment for plaintiff.
Booted os, llVt at.?Judgment for plaintiff.
Kooney vs. Shipman.?Judgmentfor plaintiff
Brown vs. Bvcknutn.?Jadgmeut for plaiiitlff.
Mansjietd vs. Co man?Judgment for defendant
vlih costs and twenty-live dollars allowance.
COURT OF GEOAL SESSIONS.
Before Recorder Ilackott.
At the opcuing of the court yesterday a Urge
number of prisoners were arruigued who had beon
ludictcd by the Grand Jury.
CALL TI1K ROLL OK COURT OFFICER*.
The Recorder created a "breeze" among thd
deputy sheriffs by inquiring how many were in at?
tendance. Tiijjcupiaiu of the squad replied, "Eight
out ol thirty-two."
Ills Honor directed that hereafter the roll of
oiikera must be culied eveiy inorulug at the opening
of the court.
PLHA.DS OCILTT AND SENTENCED.
George Malcolm p.eaded gudtv to stealing, on the
15th of Aura, mothlug valued at $12 Jo, the propertj
of (Vil lain Aenzie, and was seat to the Suto Prison
for two years an 1 six uioulas.
A NOTORIOUS TiiiiiF BtN'l' TO THH STATS rRLSOlf
FOR I'iVU 1 It A .'IS.
John Murrey, a notorious tuier, was tried and
convicted oi grand larceuy in stealing a trunk, con*
taming clothing worth $20% Irom tne basement of
the residence of Hul is M. Fowler, 12 GramercF
liii.ee. on the 121U of April. 001; er-i saw the accuse!
uu 1 another voting man carry the trunk, u short
1 tl'Fi anoe, diop u ami runaway. Chase was given
and Mat ray caught in Twenty ?ocoud street. TI10
uccuieu claimed tliat Hie ufllcer was mistaken, hut
admitted Uiui he had been arrested mi .oral times
charged with licit. Wcioio ho was sentenced Us
said tli.it i( ho had uuly ??halt a chance ' and a
lawyer he could have proved ins iu .oconce. TUB
li" order, wiui chut 10 tolsue quulnuiess, observed
that cn.s noturiois criminal needed tue services of
a clergy man more than 01 a lawyer, and put. him
out ot the way dj sentencing him la thohtate l'liscti
at huru labor lor live yea is.
? At.Li.uK:> CrtVir LABCKNT AGAINST AN OLD LADY
AC'.Id I "Trill ON TUB UdOUND OF INS ANUS?A
OrKria VKK OCT.
I Most of tlio day was spent in the trial of a very
elderly laur, name 1.11 !au Mlilt r, who was charge^
with dealing. 0:1 tuo t in of May, a pocketouok con-,
taming hitieioeii dollars from tue counter in a auoef
siuro 1.1 Third avenue, lelonging 10 tsu Anna iuut
wig, wno was accompanied oy another lady. Half
au 11 ur after 1 tir- laiceny tae ladies saw the old wo
inau in tae street and, fe* ling coaiideut that hub
stole 110 poeketbook, followed net inio a dry goods!
B'.oic alio 11 id .ai ifiicer arrest her. She was orouglil
to tny a 11 ii bo.se and denied that she had any
ol
oi et nun y than wiui was in nor pocket nook, hut
v. ueu so mined m a private room by the ladies a
ten and a live dollar bill were found concealed In
her st icking, whloli tne ladies luontnlea its a por
tion or the stolen money. The clerk of tno shod
store and 01 her wunease? 1 roved that 110 one went
out of the estatdt inueut but the u :cu>ed.
Counsel tor the defendant stated ihut he wished
to show by witnesses, not 1l1.it slio was absolutely
Insane, but tli.it sue was a mental and physical
wreck, exhibiting siranao id tos literacies at times.
Wanor n. hnupe, her lawyer, lestiued mat since
the death of ucr daughter alio was a "mental
wreck,' and wuen Ue was tunalng out her will she
wanted her property tu ned in.o ready money, so
that sue could pi. It Into i.er slocking,
ilrs. Molted, With whom Mrs. .dine, Btsyed, a'so
swore that she wasiu the habit of keeping money la
stockings and out 01 tue way pisoec
Mrs. Mllltr went upon the aland and denied having
stolen the money, ana her answers showed her to
be perfectly sane and luted gent.
The jury, eftor deliberating sumo time, returned
Into Com t and ilirutign their foreman rendered a
verd ct 01? "gudiy, under an aberration of the
mind,"
Hie Recorder observed that the Jury SMiltldcti
thomvjlves oj the rendition of saeh a verdict out!
must either render a vers
Instructed ;h to that they tin;
diet of guuly. or ant guiiiy on the ground of in
sanity. The Jury conferred together again and ren
dered the latter vo.'olci. Ills Honor directed the
clerk in draw out an order consigning Mrs. Millor td
tne L iuauo Asylum.
A I'OUTdFUL T.II15F.
Thomas O'Neill, a youth, was convicted of petit
laroeuv in stealing a drawer contain ug lour dollars
from lidzabeui Itngart, aud was sent lo the Pennon
tary for six nioiiius.
A SIIOOTINIS affray r.v COLORED MEN.
Wlltiaiu 1 liomas was tried (or snooting nt TnomsB
Brown, on tue nth of May. The parties were colored
men, who lived in Thomas street. The complainant
and two menus swore unit Thomas
fired the shot without nuy provocation, whlca
lodged 111 the lung, but lortuuutely did not prove
lata 1. The deiandaui luld a different story, statins
that these men attache t and ncverely beat luin, anu
lu dsience of his own life he tiled die sbou The Jury
bniieved him and rendered a verdict 01 acquittal.
The Recorder, in discharging Thomas taid he was s
loilunac man.
a MANUKD FOR SENTENCE.
Frank Web,on was jointly nidiciod with Johq
Wam: s, charged vritn stealing a clock worth
thirty-two dollars, a quantity of clears .aid twtf
coats :rota tne promises of Joseph a. Thles. The
principal wunass against urn accused was Ida then-. *
iiuii. W iters' 111-trc 1 who swoio that tlio clock
was at Welden'.i place au I was instrumental la
of
securing nis arrest. Tue jury rendoro- I a verdict
guilty of gran l lurcony and the prisoner was re
manded for sentence.
COURT CAIEMJIUS?THIS DAY.
Bufremk Court?Qknbuai. Trrst?Held by Jndge*
Iugra ian. 1 arnuid and i sidoao.?Nos. lil, t.k ta
134 inclusive, 181.14, Aii7, 4?a, las, uj, 14% ui, llu,
U7, 14% 141, lbd.
Bt'PitKMK 1 outer?Circuit?Fart l?Hi id by judge
n?
lira ir.-Nos. 8Tb, l w?, H4-i. 1403. HOI 14?7, 16
1684, 1744. 72>, 'Out, 1221, 1285, lib7, Jdl\ 143%
HI'S, 1506, If 17, If 66, 13S6, 10 m, 16il), 1081. Part 2-4
Held ny Judgu \ an Brunt.?Nee. 2082, f,so, load, 108U,
1990, 19'Jl, 20U, 207IJ4, 2140, 22MX, iU44, ' . " V#
1.184, 13C8, 1678, 1?8'2, Win., (180, 1640J4, lHu
2088, 2104, 2172.
BVPMJSH COURT- CHIMKR.I-Held by Jodge
Barnard,-Boa 12, /.s, 6a, ea, 90, nj, u?, 107, 128,
161, ISO, It'll, M>\ Unil 2oh. Part i?Held by Judge
C'ardozo.?Nos. lad, 188, 7.8, 174, 112, 189, 187. Pars
i?Moid by Judge lugraliaw.-Nos. 161, 186, 17A
201. 202, 204, 179.
euPhrtioh Court-Triai. TERM-Fart 1-ncld h/
Judge hponcer. ?Nuj. 607, 847, 061, 748, SO'.*, 780,
IT? 1111, 112', 1P2U. 1125, 1131, 1183.
fir* 2? Held by Judge HarbOhr.-Noe.oiO, 742, as8,
6l;h, ,44, 738, 1^4, 09(, 7i/2, 770, 842, 782, 780, 7dS,
70 I.
Cji,Rr or common Pliar?Trial Term?Parti?
Hoil by Judge J. P. Duly.?NOA W24, SOU, ??'A 91A
-24, 61, la 2, 481, V.J, 616'.
6.4, 47% O f, 878, 7.*,
UJiSiilJUED on aIIiIaI X'A.fE,

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