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TEE HEW OYSTEil EXCITEMENT.
The Supposed Mammoth Fortune a Fraud and Loss. Eaton Heck Den unced Twenty Millions of Capital and Th rty thousand Men Involved? Details of the Raid and Roturn. To any one knowing aught of New York's weak ae?>a lor a delicious oyster, and to ilie lew who know something of me number ol mil ions or doliurs and ?f the thousands 01 men employed iu tlie oyster trade. the fact that ilie announcement ol the dls ?cvery of a new bed of oysters 01 liiw quality and mexhaustible quantity caused a remarkanlo excite ment among all concerned will net bo considered atrange. A few days ago a man well known to many of the oyslermen came to one or the city ovster centres witn a scliooncr partially mailed with oysters, which lie claluieJ to have taken from a previously undiscovered tied, which lied ho stated was in e\tent und resources won diomly largo. Tlio oysters wore tried by practical professionals, wero pronoun, ed line m flavor and desirable in size, an I the news soou spread among We many wholesale dealers that a new oYsraa ei.dorado ftad been fonnd, The discoverer was visited and questioned, and soon afterwa.'d an agreement was made that lor the sum ol $iuo no would disclose ills secret, aud eiiab.e ail w/io had slo ips at coiuinand to add to their stock as luey might deane. The terms were deemed moderate, aud although th re was, or a certainty, nothtug but the declaration ol the man to warraut attention, the money required was subscribed in sums or from ten dollars ?o one dodar, as the subscribers bud the means of gaining immediately from the discovery, und the ?pot was indicated, toe hatipy discoverer agreeing to lead the way to the oyster bed. in a very short time more than one hundred oyster boats wore uuder sail an polutlug as dlrectiy as the wind would permit to katon neck, tlw first point off Hempstead Hay, between Smith ?own and Huntington Hay. west of the lighthouse. In addition to tneso nearly ail the inhabitants of City island were at the ground, and at one time mere were not less limn 25) slooos awaiting indica lions 01 where to imminence, besides a vasti?" iire.u?r men. H"iU"er Ua 'each irom one to live Tnl0vcineut waft commenced a wcck airn lust Monday, ami the news iiuviuir spread tiiom/h secretly made known, the excitement m&e Anuwhen tneo.u gentleman heui back from an! nouuclng the precise locality on ihc ground that. the Wuiei was roujjli and the s.hhII boats would notliivn ane4uauia.ee, the oyster discovery cameveS S OYPTKR RIOT. At length, however, the word was irlvcn. and soon aftoiwauls hundreds 01 ouster tongs were grapidriir . .e'! ' whure *<>r jeurs before scarcely?MnSe pair had been seen. And tueyiaketi ami acrn S and pulled up their tonus. Hut rake as ttieyn 1* t' f,,?v init-Mt, grapple and pud up m ofitu as they pleased, never .an ovsttrniineir.il This was disheareuting. liut, then, 1 Mere was me gentleman who had made the discovery- the? SLnew tnat the oysters he had were oys&s and thut, knowingly, he would not tell a lie. And v ? something ol the earlier enihiisiasm died aw'iv ?houghihey still kept the tongs in active work ed worked until all were IIred finally, alter ?n er tensive area l.au been thoroughly raked overrm obtained, one uiter another'thev gave it up, and last evening naily all had ? . RKTI'RNKO TO THK1K STAMPING POINTS tired, disheartened aim many 01 them profane Tho money that had been contributed as pay for The woudeitul discovery w.ts all returned, and [ho declaration was general that, though mistaken the dlscoveiei was honestly so. The loss to Joined m tne oyster raid, m time, material c?st for extra help and other expenses, Is estimated'as r ?... < ?xcEKD|K?1 TEN 'llfOUSAND DOLLARS. This lij not the first craud ovsler exrirrmntif m wh.cn Katon Neck hasten birth! "if/fflre de? nWme,"l,,K "ku 'hirteen years ago there similar foas! K1'aUd excltemcut autl coJKqKS It appears that, many yeais aeo, Katon Keck was aprofitable ovsterlng ground, but that it linally ran ?jit, and has never since been redeemed. 11 is claimed, however, that, "onco 111 a while " -l stnv ?ystermau wid strike a vein and get uo a few that are good,but that mere are now enough anywhere in that locality to enable any considerable number or men to work it profitably is no longer believed The present excitement, however, na> awakened aiscus won among the thousands of oystermen, and tiicr are now diied with the subject, and free wim facts In relation to the prospect lor me coming season on inc various points on great south bat where for years nave bet-n. and now again are fath ered hundreds ol thouuuud.soi bushels. Among tho-e points many of our readers will remember in it Uiue I'oint, L. I., was a laim.us locality, and that ihe oys ters Irom tncrc were Ihe favorites. Some years airo however, the value of tho oysier caused the south Bay bottom to be overwoiked. iiiis effected not ?nly the supply, but the reputation of the oysters of tne bay, and until quite teceutiy out lime of a pioht has been realized lioai oystcring tueie. Two years I ago, however, a new impulse was given to the grow tag trade, and instead of satisiyuig lliemse.vea with picking up what tnev found growing wild fhev "staked out" localities and commenced plantlug. l"hi? method h;is been acted udvh ever since and ?ow ' WEST OF BM'K point and satvili.e there are hundreds of acres along the beach planted with oysters. Tnerange runs mainly from the points named to West leiip, ana Champion's creek, Mill's creek and other streams are teeming with them, though, as yet, they ure mostly too ?mall for our market, but promising really wen The growers 011 this line ure conttdent that by next year they will have oysters which, both In quantity and quality, will restore the bay to ?ts ancient reputation as the favorite bay for Now \ork. '1 He planting litre ditters from that of the other Northern localities, in that the seed is token from the bay itself and slt.iuiy planted aloni the shore lim for case In care and tu cathcnmr. In tne beds on the " NORTn SIDE OF I.ONO ISLAND mnchof the seed that is planted is obtained from Newark nav, and some from tlio Virginia waters Tne estimate of cost for procuring tne seed as the Iniautllo oysters are cai.ed. is forty cents per bushei. A bushel will average about 2.000 oysters, varying in size with the nails on the thumbs of tho men who plant them. These ?re, some of them, ready for the market in two years from tho time of planting, but in the main they require three years ror development proper fa-tentnK and navor. Uut or all the neigh boring oyster grounds ? PRINCE'S BAT to still far ahead In the quantity transplanted and Eroduccd. The estimate Is that more than 100 000 usheis are planted there every year, auu that niore are taken from It ilian from uearly al! the other oeds combined. The poluts now named, together with the Lomr Island >our.d. Jersey Shore aud Virginia, furnish a trade for, and passing tnrough. New York which amounts each year, depending on the yield and de mand, to from #15,000,000 to iao.oiH),yuo, aud giving almost continuous employment to nearly 30 000 men. These rlguios, without adding the enormous retail trane and its multitude of empioy?saHhow whv the declaration of a grand new bed, an t that ' nearby, should havecaued so great an excitement and its [ailure to prove, as deelai ea. a bitter disa ' poinuncut to thousands or traders here. They will however, thev say. soon get over It, and. as the prospect is improving cvervwheie else, ther are confident that New York will continue to nave all tho oyttcrs it wauls, without increase of price. PARADE CF THE HE Til QRi'CiAuU. The Evoluiioun In TouipUiua Sqnarr. A pretty fair turnout answered the order of Gen eral Ward for parade of the Fifth brig;a le yesterday. The postponiuent of the parade, however, from last Monday to yesterday, Had considerable effect in thinultig the rauks. Tbo rainstorm also id the aitcnioon acted against the display and somewhat flashed tbc spirits and appearance of those who took up the rigid line of duty 111 preference to their easu at liouie. The Twenty-second leglmeut was eirly on the uround In lorce, under the command of toioael iosiah fort or. The Colonel lias A TOUCH OF rUK MARTIN FT, and the men under his command show in a marked manner U;" spirit that prevails In the regiment. Major Mugralii nil* in his new dlguny with be coming grace: even his lmcephulus seemed to ?hare the honors conierred upon his master by (ho proud way he < an ted him. The one de'eft in the appearancc or the regiment, at a distance, Is the an-enco of cross-hells. The fa tigue jackois over white trowscrs waul somecnll venlufr, and lor hi?mi who man ? uvre so well upon tbo paiadc grouni u Is a pitv thev should Sl'lKKIl 1!V COMPARISON m unlfoim regularity. The ranks ol :he Sixty-ninth were very thin, ani tliey vaihcr mixed things In tlie double time. Tlielr firing. however, was the liest, In the Held. The Sevcuiv-nlutli was also light lu point of number*. The Tweirth, although they came late upon the ground, worked well, ami gave distinct evidence of the soldier-like qualities of the commander, Colonel Waid. The First regiment of cavalry was out In spiked helmets. It is astonishing that men cannot leave Ihelr weaknesses lor luger at home wlien they come into public view, it undoubtedly mars the warrior look of a fine body of men to sco some caper ing anoni ihe field of anion with glosses of toaiuing lager in their liauds. The brigade was roviowert by General McOuade. who was accompanied by * brniiaut sia& DEPARTMENT OF DOCKS. A Private Company A?k Perminsion to Erect Ten I lrr?. The commissioners of Docks had their usual weekly meeting yesterday, President John P. Aguew in tne chair, and Messrs. henry, Hunt, Wood and smith being present. Commissioner Hunt, Irom the Executive Com mittee, r ported on the petitions of tne Pennsyl vania Coal Company and others for additional wharf facilities for landing coal, recommending that at an early day tnere be additional lacilitles afforded to land coal on the North river. Mr. Huut also reported the completion of tho filling In of the bulkhead at East Eighty-sixth street The committee reported against dredging the slip at pier 45 North river, as requested by the Phila delphia Steamship Company, on the ground that tho law does not authorize such work. The committee reported upon the petition of citi zens for the dredging of the Blips between Thirty* ninth and Fortieth streets, and recommended that the owners be ordered to dredge opposite their re spective premises, as ordered by the Superintendent. All of tiie leports were adopted. Commissioner Wood reported that he and Mr. Smith, on Saturday, examined the encumbrance on the North river below Chambers stieot, which should be removed, lie haa a list of hucksters, stores and other nuisances w men should be sm> picHsed. including two iiarges belonging to .wr. s>ta cora, who w;is combellcd to remove his ouildiuir by the board some time ago and in Oellance ol law had replaced It by barges. He ottered a resolution ior the removal ot all obstructions, huckster shops, leuceB and sheds i eiween Cnambers street and Kat ie y place and on tho bulkhead south of pier No. 1 bctoic tne 1st ot August. All tnal part west of Washington Mnr!?ei Is excepted lor the present. Mr. Hum desired that the resolution be referred to tne Executive committee. Mr. Henry opposed sucu proposition, as he was anxious tj see the s ,uullcrs removed, it wiwrelerred to the Executive com mittee, wMi power to act at once. Commuul. auons were rec lved from residents or Manhattanvitle asking f >r more wharf facilities and recommending a new pier at litjth street; from su perintendent Westervdlt, respecting the driving of piles by Mr. Webb; from Ezra ?*uimby, asking tor fe isc of part of pier on Kast river; iroin the Morris ama Steamship Company, for permission to erect passenger house at pier 11 l'.a-i river and loot of East i.ighth street; lrom Patrick Yctiee. to remove an ofllce on pier 2?j East river Irom one side of tho pier to tne other; from the New York Pier and Warehouse Company, a-klng tne lease of land under water sutlleieut to erect ten piers in the North river south of pier No. 1. tho company to erect the piers and have a leaso for ten years, with the privilege of rour renewals; to pay $0,001) per year for the lirst ten years, and an increase of $l,uOO per year so long as they lease the property; from F. C. Oakley and others, asking for the dredging ol slips between Twenty -eight u and Thirtieth streets, North river. These cimnnuaica tions were referred to appropriate committees. Reports were received fr< ni the district superin tendents showing persistent neglect on the part of some persons to comply wltu tne orders of the Hoard, wnlcli were referred to the Executive Com mittee. lite representatives of tho Hartrord line of steamers wore heard regarding the storing of coal at pier 24 Kast river, the Hoard having ordered that coal shall not be stored there. The comiui-'Slonere declared that they had no objection to the company taking coal there, but they did not desire that the dock should be made a coal yard, and the company will be permitted to coal as usual at tho pier and keep one day's supply on the dock. POPULATION OF TU-> CITY OF BROOKLYN. Sta'rs. Alabama... Arkansas... California.., Connecticut Delaware... Florida Georgia Illinois Indiana Iowa Kansas Kentucky.... Louisiana... Maine Maryland NATIVE OP CNITBD STATES. While. colored. 85 4 7 _ 116 __ ? 5,189 163 Indian ?8 200 297 118 67 .... 15 .... 102 285 1,815 ? - - .... 886 Massachusetts 5,077 Michigan 189 Minnesota 21 Missouri 148 Mississippi 84 Neoraska 4 New llanipsnire 673 New Jersey 6,778 New York 216,809 Norm Carolina 163 Ohio 901 Oregon 1 J'euusylvanla 3 147 Rhode Island Soui 11 Caroliua Tennessee Texas Vermont Virginia Vest Virginia Wisconsin District 01 Columbia.. rmru 7-iif. New Mexico Utah At sea, under United States flag Not stated 904 828 105 63 800 008 7 128 214 3 4 8 75 29 7 40 2 1 17 23 a 200 34 1 2 2 1 233 2,962 251 9 147 12 118 21 2 503 1 1 58 Total 246,611 4,765 FOREIGN COt'NTKIKS. Saxony 1,080 15 Weimar 41 It) Wurtemburg2,2oo 60 Germany, in. 69 Countries. Africa (n. h.*) Asia in. 8.*, Atlantic Islds. (n.s.?) Australia Austria 321 Belgium 142 bohctnia 91 British America? Canada; 1,770 N. Brunswick 242 Ncwfounal'd 218 Nova 8cotia. 645 I'riuce Kdw'd island 4 Brit. America (n. b.?) 27 2,806 Cent'l America,N.S. 2 China 18 Cuba 271 b*) 6,218 , 36,771 Gibraltar s Great Britain, (u.s.*) 9 Greece o Holland 774 Hungary 70 India 23 Ireland 73,991 Italy 22 Japan 1 Luxembourg 18 Madeira 7 Malta 2 Mexico 22 New Zealand 2 Norway 301 Denmark 384 Poland .'.'.*.':;;;;;;; 209 18,848 Portugal ...... 64 Prance 1 894 Germany? Baden 3,81? Bavaria 7,162 Bremen 234 Brunswick .. 49 Hamburg.... 589 Hanover 2,vo3 Hesxen 3,625 Holstein 9 l-nbec 14 Mecklenburg 120 Nassau 100 Oldenburg... 107 Prussia 9,142 ? Not ipeclfled. Russia 7? Sandwich Islands.. 3 Scotland 4,099 South America..... 95 Spain 227 Sweden i(106 Switzerland efi7 lfl Wales r,39 *> est Indies, in. s.?i 430 At sea. 27 Not staled 6 Tot ai foreign.... 144,718 THE FRONT STREET CASUALTY. A Child Crushed to Death bjr a Itell C't The Belt Kuilrond Conpnny Censured. Coroner Younor yesterday Investigated the case of Minnie McCarty, the infant, nineteen months old, who was rnn over in Front street, near Dover, last Sunday evening, as was then supposed, by car 117 of tho Belt Railroad Company. Several witnesses were examined, and their testimony was found 19 be very connicling. it aid pot appear, however, that ekr 117 Unoror deceased, and it could not be asairlalned tn tho rC?J??r/ne CH,rB,8lie wuf1 ?'rushed to death. ,\s to the rate of speed at wliicn some or the cars iv> re going tho evidence was also conflicting, and n their verdict the Jury censured the beit ltailroad Om pany tor careless driving. Andrew Si L' driver of car U7, who im<i been arrested was'iim charged by Coroner Young. ' dls RAILR0A1 ACCOTS IN J?8S?Y. The mall train on the Morris and Essex Railroad wus passing through the Bergen tunnel yesterday morninc, when the locomotive ran off the track and blocked up the passage so that trains ccuid not pass either way. Tho track was not cleared tin eleven o cl? ek. N?> person was injured An accident of a more serious character nm,?* 1 on the Newark and New Voik nXoad! iKTu near Bergen avenue, Jersey at v. The derrl.Vni, f !2Vll,?K s,on.e for the new bridm erected there happened to l?o swunir ti?^ track, >Mie:ia tram bound for Newark dashed br The locomotive lost its headlight and sniok^tJ^' and the boom of tho derricK came tumblingdmvn' striking three or tho workmen Two o. !h??. 2 ? injured but slwntly, while the third, named ProokfF a resident 01 Forrest street, had one leg mashed ami sustained severe bruises on the Head. raii neu 00(1 NAVAL INTELLIGENCE. Lieutenant Newell is orierod to the Congi ess Assistant surgeon Ruth to Hie Naval Hospital at 1 hlladelphia; Second Assistant Engineer Bates to the Mare Island Navy Yard. Meuteuatit Watts Is detached from the Congress Master Bradbury from tho receiving snip Boston' ?i"(. l,?,lm receiving ship at Portsmouth n ' tu Oss'ipee i?u'cl'*rv^i*'to'"re*11 ri|Cl?'*t'cnI(a'j I "Vu ess I THE COURTS. A Custom House Suit?Collision Case?The Erie Railway War?Charge of Receiving Stolen Bonds-Important Decision as to Me chanics' Lions?The Bonard Will Case?Business of the General Cessions. UHITED STATES CIRCUIT COURT. The Salt Aealnnt (ho Collector of Coatons. Before Jiulxe Woodruff. Charles R. Tyitj rs. Moses II. Qnnnelf, collector of ill? Port.?In this case, already reported tn tho Hkrald, Judge Woodruff has deeded that the Iron pipes on wliicu plainuil claimed au excess oi duty bad i>een paid are iron flues, and, thereiore, subject, to tUree and a ball cents per pound. UNITED STATES DISTRICT COURT. Collinion Ciwf. Yesterday Judge Biatchford, in tne collision ease of The Unlied Siaies vs. The Jersey City Kerry Com pany, rendered a decision dismissing the libel, with coats. UNITED STATES C'JMtilSilONERS' C0U3T. Unstamped (Jinan. Before Commissioner Davenport. Thr Cnitid sates ?>?. Julius Strauss <C Simon Strauss.?The defendants carry on business at 370 Canal street, and they are charged with selling unsiumped cigars. Tuoy wero held yesterday by the Commissioner in $i,joj ban for examination. Tue Erie liniiwuy War. The reference before Mr. Kenneth G. White, the Master, in regard to the Heath aim Raphael stock was resumed yesterday. Mr. Southmayd and Mr. Tweed appeared for Heath and Raphael, and Mr. Morgan lor the Erie Railway Company. TUB TESTIMONY. Edward K. Wlllard, sworn?1 am one of the Arm of Willard, Martin A ueaeh, and was sucb in Decern, ber and January last; in those months our firm received line Hallway stock, tne amount 1 cannot say; l recollect that we received a Urge amount of shares; iuv oooics are uere. Counsel then put a long question to the witness as to whetuer he had received jo,ouo shun s or Erie stock from Mr. Gould iu tho month of December last. Witness naltl il they were sold it would appear on his books, ami that would show that lie had had tneni; on the aotli of December wo delivered G,t?oo shares of Erie on account ol Jay Uould; I can toil the amount of t,toek deilveied on account or Mr. Gould, but the number oi tho certlucates 1 cannot teli. Q. What wasdone with themr A. We never keep any securities separate; we keep them all together, with otner securities, In our box. y. Was there not an unusually large number of Erie shares delivered to vour tirui at that time 1 A. It was not unusually large toua; the proceeds ol the 6,t>00 shares delivered on Mr. Gould's account on the Both of December were credited to Mr. Gould's stock account; we have no special account on our books for 30,000 shares of Erie stock delivered by Mr. Uould to our ll rm. y. it appears by the evidence of Mr. White, the Assistant Treasurer of the Erie Hallway Company, that tuere was received by the Erie Hallway from your Drm, on the 30t.h of December, the sum of $241,000, aud longed lu the Tenth National Dank. A. 1 think that must have been soma cash transac tion in Mr. Uould's account, and we merely turned the money over to them, it may appear in the blotter. The making up and rendering' to Mr. Gould au account,*)! 2u,o.,o shares ol Erie stock, and ol' the proceeds of such stock, would not come within my line. The bookkeeper, John 8. Seeley, would know, il it was an account that went mio the books, it would be Impossible to tell when the hiock waseold; it may have been mixed up with oilier stock. Mr. Wiliard was examined at considerable length as t > dates, figures, entries and amounts in ins books respecting tho shares in question, aud hnultj Mr. Southmayd agreed to accept a statement, made up from Mr. Wlilard's books, by his bookkeeper, snowing tne names, as far as possible, of the parties to whom the stock was delivered. The reference was then adjourned to this day. SUPREME COURT-CHAMBERS. Chaise of Receiving Stolen Uondn. Before Judge Cardozo. The charge against Mr. William Lambert of re ceiving stolen United States lion (id, wit* a guilty knowledge, came up yesterday upon an application made Dy his counsel, Edwin James &, King, to admit him to ball. The accused' has been in the Toiubs for more than three months upon the charge. It will be rememoercd that the particulars of the Ciue appeared In the Ukkald at the tune ol ins arrest, and accusations weie made against hi in of dealing in .stolen securities to a very large amount. At the suggestion of the counsel and the District Attorney tne motion was appointed to be lieard be fore Judu# Barnard at half-past nine o'clock this morning. SUPREME COUHT?GENERAL TERM. OdiIm of Ferry Companies. Before Judges Ingraham and Cardozo. Wyckoff vs. Tne Queens county Firry Company.? The plaintiir drove his liorse and buggy, containing himself and his wife, on board tne Williamsburg, one of the defendants' boats. A whistle was blown, the horse became restive, the plaintiff called to the pilot not to whistle and tried to get out of the car riage. When the horse first started he had quieted him with the whip. Aa he was getting out the whistle was again blown, the boisc started and took the wagon overboard. Plaintiff and his wife were saved but the horse and wagon were lost. This ac tion wa? brought lor tne value or the horse and wagon, and the jury found lor the plaintiir. The defendants' appeal, claiming that under the Judge's charge they were held liable as common carriers, and mat as far as carrying horses and wagons they were but common carriers, and were only bound to furnish a boat, and that the plaintiff's property was not at their risk. ihe plaintiff contends that they were common car riers, but, even if nor, affirmative negligence which would make any bailee liable was shown, and that they are liable. Decision reserved. The Prize Fighters in Coart?Another Adjourn ment. The case of Edwards and Collins, which was to have been argued in the Supreme Court, General Term, yesterday, on a wilt of certiorari, reviewing the proceeding under which they were sentenced In the Special feessions, was again adjourned uinil Mon day next, owing to the absence 01 justice Barnard from the bench. The llstic champions were in court, nnd looked none the worse for their sojourn on the Island. COURT 0F_C0MM0N PLEAS. Can the Court Appoint a Receiver In a Pro ceeding to Eutorre n Mechmia's Llm f?An Important Decision. Berore Judge J. F. Daly. Christian Mrytr vs. fettr SeibaUt.?In this case a motion was made to the Court for the appointment of a receiver of the rents and proliis of the property in controversy on grounds set forth in the following opinion. The motion was opposed by Mr. Jacob A. CroFd chiefly on the ground of the want of power in ihe court to make any such order in a proceed ing under the Lien law, which is, in all essential particulars, nnlike nn ordinary action. That view has been sustained It the following exhaustive OPINION. fhretlan Meyer anil Andrew Schwartz having acquired a lieu under iho Mechanic!1 Liien law t La>\* ol ls?vT, chap. /.Oil), and bating Instituted tlicss proceedings In for -close such lien, now applies to the I'ourl int ibe appointment ol' a receiver of ti e runts, Issue* ami profit! of the premises covered by the iien ami an injunction restraining the de endants front col lecting, receiving,a*siqnlng. transferrins or selling such reuts, issues and proltts. The application Is bate I upon Ihe papers In Hit* foreclosure an>l upon an stints v t stating that plolD tiffs' lien Is for over *5,li?, on the building andlot 211 l>e luncey stire;, in this city, for work done lit' reoii under eon tract between the plainiliTs and the o.vner, l>ior tjnchald; that Serhald Is stnl the owner and takes tlin rents, Iss-ie* and prolils; that the premises are encumbered an t wt.l not ?HI for enough to pay plaintiffs altarpaylng prior enconbran as; thai the owner, Secbald, Is collecting the rents bill neglecting t> the mt*re<t on prior in irt aies, and tlio tureclonne ot one such mortgage tor #1, WW is threatened; Hint 'sa^d Sce!<a!d. the owner, wll procrastinate the litigation on purpose to collect tho rents nnd con veil them to bis own use; that irreparable Iom will ensue to plaintiffs timers the receiver be appointed. The app'iuatlon ra;ses it novel question under the Mechanics' I.len law. 1 cannot find any | reeedent for It, and the determination of It must depend upon Hie character ami extent of the rlcnt which Hie lienor acquires I y Inini! his nolle,i of lien. If lie have any claim to Ibe property or legal or eipiltable t iter. 't In and right to Hie property covered ny the In n, he is entitled. In a proper case, to a receiver of ihe rents "pendente lite." In e luity a re ceiver will be appointed of property be J In trust, and there Mutineer of w.t?l? or diversion (Wilisrd's Kq Law, Alii. Under tne code a receiver irlil be appointed ueforo jttdg nient where plaititllT establishes an apparent right to the pro perty winch .s the >u j.-vt of the action, ami us rents and uroltls are In danger ol be ng lost or Impaired (Cods, tee. M4). In foreclosures of mortgages oo resl property the ap pointment of a receiver Of the rents before decree is based upon the legs, right of the Mortgagee to ibe rents alter bis mortgage bee me ?> due (Howell vs. Kiplev, 111 I'aige, 4.1; Mfskv vs. Mayer, I Sand., eh. VI >. It baa been b< ld in this court that the proceed ngi to f,:reclo?e a mechanic's lien are sliiillfcror analsgo s to'lie proceedings to foreclose * mort gage on real property (P.nndopb vs I.earv, 3 I'. I). 8., (B7; Althousa vs. Warren, '1. E. I). S., H57). Hot inis only applies to the prore.eiliigs III court, It is not In'.imatnd thai ihe lieu resembles a mortgage on real estate. It has been also held that th salt .liner Hie judgment of the court on foreclosure uf ibe li. ;i Is absolute, although 11 m.iv be by execution, and Cuts <i!T llie owner's right to re.leein ; having no resemblance td smt rot litlnir of the character ot a sale under siecnii.jn In ordinary actions (Kandolph vs. l>eary. 3 k. 1). 8? 61. i l;nt it is sai l thai so far as siih?i-.|uent liens affect the prooeedlitga on foreclosure the tiling of toe notice lo acquire the lieu la given Ibe effect of a notice of pendent of action. iK.irJor vs. O'C-juor, ) ti. D. 8.. *79.1 Ilni t' p lienor a to or In the property eovmd by the Ilea ao e? to entitle lum to ita poaaea* on an I the revt* or to have the Court take poatewlon of It and tiki the renU for till protection ? Under the 1! -chanlcs' Lien ict of Texai, which <lec;.u*? the lien aliall ponnenn the propertle* of * mortKiige, t.ie courts of Tr? r, I .>1.1 uut it gives no rlijht to poatesaion nor to rent*. tlritt vi. Ttidi.r, 14Tex.it., <l i A lien. In lu general alu'ulticance, li a right to I etaln and i *? ips'-tti, the property of another until Home ex Ktln,: claim nuon It i? iiallelled. the o-nence of the rltht hi lug peaes.v.iii. hut tin* m prop rly the nature of a Hen upon chattel* oalv. On real ettai- lien* are not nec?? ?uily connected with puasrfalon any more luan tliey are dependent upon It, and such are legal and equitable mort gages, not overdue and judgments. all being meiely charges of debt upon the land. In equity the word lieu la uaed to denoto a charge or encutnhraiu'o merely, where there I* no rl?ht to the thins Itieir. (Willari'i Kq., 123; Honek on Liens. sec. 2, ei flcq,| At common law the mechanic had no lien upon any land of hi* de tor for hi* debt until he bad prosecuted it to Jti lament, and so acquired the general lien of the judgment cred tor. Inler. enlng ass'en metiU or encnmbrnncca ao i requently rendered the collection of his debt Impossible that the legislature Interposed for hla protection by glvlntr him u lien upon tiie particular tiro erty on which hla labor w.ii bestowed, imtue tlaiely leaving Ulm to estaVmh hla chum afterwards. I regard the object o the law to be to givo tho mechanic a prefer ence over subsequent assignees and lienors, and no more; to give him advantago In tline, but not to glvo him a security of aa high cliaraoter :ia a mortai'ie by which the mortgagor actcuo'-vleilgea the debt, convevs tho whole property to the mortgagee to s itlaly it upon condition of non-payment, vntlng tin) latter with a legal right *nd leaving Iu himself but an equitable one. Such un estate and men a light It could not ha>e been intended to v?at in a me chanic who altnply lilea a notice of tlio amount he clalma (without any ucmiowle Igmcut by the owner of It* being due) and has vet to prove It alternatively to be due In a legal proceeding to foreclose. My view la that tho lienor baa a lien ot no higher charac ter tha-i a judgment, the salo under It, however, not being subject to the debtor's or hie other crc iltors' statutory Tight to redeem. There is a mortga.e, it appears, on these premises, the holder of which ir It be ovrdil", ia entitled to the rents. Issues and prohta of those premise*. I'lie lienor baa but the right to a a.ile of thu "right, title an 1 interest" of tho owner at the time the lien notice waa Liven. Mot on tor leccln r and Injunction denied and preliminary injunction dissolved. D. M. Porter for the motion, Jacob A. Gross op posed. COURT CF IQMftiQN PLEAS?3PEC4AL TEHM. llPCinillllft. By Judge Larremore. Dlngee rs Jordon.?Motion grauted. Carl SeuU vs. Magdalrn Seu:z. ?Reference or dered. J/aiialje vs. lirebt .?Motion to dismiss plaintlirs complaint denied. Xapaije vs. tuetje.?PlalutiiTa motion for reference domed. i\fUu itnsscu vs. Frank ttusselJ.?tteferonce or dereu. ( assilly vs. Cow aud.?Motion denied. Frank A. Mason vs. Eva Mason.?Reference or dered. Martin vs. Wailact? Motion denied. MARINE C0URT-?ART 2. Derision*. Iiy Jud^c Alker. Slonian vs. Tlavelana,?Judgment for plaintiff lor $001 20 and costs and twenty-live dollars allowance, MlchaeUs vs. Moryan.? Judgment lor plaintllT lor $464 an?i costs and tweuty-flve dollars allowance. KnoiD vs. Ha h.?Jtidirrnent for jilalntnf lor $t?o.l 33 and costs and twenty-nve dollar allowance. Warmsfr tv. Hants JiKisruieut for plaintld lor $102 20 costs aud vwenty-ilve dollars allowance. Crow v.'-. Murray.?Judgment lor piaiuiill'lor $200 and costs and twenty-live dollars allowance. Hi'sin vs. Murpiiy.?Judgment lor plaintiit for $440 and costs aud twenty-live dollars allowance. SURROGATE'S COURT. The Bonnrd Will Camri Before Surrogate Uutchings. The examination of this co.se was resumed yester. day. Tue first witness called was Frederick Mor moud. lie testified that ho was a subscribing witness to the will; was present when the Instru ment was signed; Mr. Bonard, while at St. Luke's Hospital, seut lor witness, aud witness went to see him; Mr. Bonard then told htm that ho would like to Bee nim and Mr. Mergh: ou the next day Mr. Berirh witness and Mr. Boyd, a lawyer, called on Mr' ?:"ar\?U('al 11 ls, request the will was made; it was read to Mr. Bonard, aud he signed it; Mr. lionard remarked at the tune that lie had previously made a will m which he had left $?o,OoO to a Mr. Jones un l he wanted 10 change thai will. ' THE TKANSMlGRAtiON OP 80UI.S. Cross-examined?Had a talk with Mr. Bonard I neved 'in rcllglous v,eW8: dw not ^"ow what he be Uuestioo?Did he believe in metempsychosis t ihc witness did not seem to understand tuis nues t on, bnt when it was explained to him he replied in the negative. The question had relciencc, ns will be seen, to the Pythagorean theory or the transmigration of souls Into animals, aud the counsel seemed to lay stress on the I act, us if it might nave had some influence ou the testator in mamug provision lor tne care and projection of horses. Cu1Uiollc?narU' tlowevcr' 18 knowrl to have died a The case was then adjourned. COURT OF GENERAL SESSIONS. Before Recorder llackett, LOTTKHY POLICY DEALKIW IN COURT. The first case called by Colonel Fellows yesterday was an Indictment agolust Frederick E. Luthy, Jointly Indicted with John M. Lottr and Eugene Kochler, charged with gambling. Before the ne lendauts pleaded their counsel Interposed the ob- i jection that the nature of the lottery must be set out In the Indictment. Tne Court overruled the objec tion, alter wlucli a plea of not guilty was lecorded aud the Jury sworn. The only witness examined was John Dayton, who said he was the complain ant. lie sut?d that on the 25th of October is7o he went Into the otlico ^40 Greenwich street of which Luthy told him that he was the proprietor and put chased a paper purporting to be a uoIIjv ticket. It was bought irom the defendant Koeiiler for which he pa.d 60; It contained three num.' bers, which it appeared irom the description mven by tne witness of the policy game turned out to he a lucky ticket, entitling him to $187 so. Liitliv was standing by a policy writer when the ticket was bought. lu the afternoon Ua.vtoti, learning by the drawing that lie had made a "hit," proceeded to Luthy's otllce and handed him the lucky ticket- the deieudant tore a corner off aud threw it on the floor, remarklug, "You are entitled to twentv-om* dollarsieighty-seven cents." Dayton claimed that he had won a "straight uig," which was worm $100, and four "cross gigs,-' which would entitle him to $87 t>u. Luthy said, "1 Bhall tmly pay vou lor a 'cross gig.'" r J The complainant was cross-examined at ureal lengtu, aud said mat since he hail been lu New for k Tor eighteen months, he occasionally played noiiev coming from l'rovuleuce, where ue nad tmen an agent for a number oi Inventions. He said he under stood ihat the two tickets he boughi were on thV> Kentucky aud Alabama public lotteries, winch were lottery aU<1 lUal he kuew "othlug of a private Eugene Koehler, a co-defendant, was called bv the deience, but the District Attorney objecteil to his being sworn. Tho Kecorder, alter argument was inclined to overrule the ob.ection, butfortlia present sustained it, aud relused to allow the wit uess to be examined. " Counsel for Lutuy then moved that the Court m. struct the Jury to acquit ou the ground of variance between the proof aud the indictment, it alleging that the ticket was a document in the nature of ? bet ujMin the drawn nuiwers of a pifvute lotterv whereas the complainant, distinctly stated thai tui> ticket was upon a public lottery. Mr. Fellows in reply siated that lotteries ofevorv description were lorbidden oy law in tins state and that the statement of the witness that mis w is nut * private lottery was a question or law to be de cided by the exact const ruction of the amended statute of l^i)5. Altera discursive argument by counsel on both sides, the Recorder said that he was conscientiously oi the opinion that a technical verdict of not guntv should be rendered on the mound or variance oe tween the pivot aud the indictment, and, according t'? ills Instruction, the jury pronounced such a ver dict. ills Honor then directed the complainant to go be fore the Gratia Jury al once, ;iu<i later m alter* noon they brongut in an amended bill, upon which tho defendants were arraigned and pleaded not guilty Mr. Fellows announced that ihe case vvjuld be positively tried on Monday. , discharge ok rnii urand jury. ?f> ll.ie f"11"1 inquest announced tani they had fitus.ied all the outness brought oe fore thorn, and were aeconliujly di^eiiarged with the thanks of the Court. l'l.KADKI) OtH.Tr. James McOuire, who wa.s jointly indicted with James Htnuh. pleaded guilty to an att-.upt at tiurtr larv in the third degree. 1'he warehouse or Benjamin 8. Weeks, <7 aud 7t? Beach street, was broken into and twenty lour cakes oi copper, worth *7,>o, stolen 1 lie prisoner was remanded for sentence Charles Wilson, who was charged with stealing a roll of carpet worm sixty-iive dollars, on the *'d oi May, the property of l'hoina.s e. Doreniiw was acquitted, the evidence beiug lusutncieut to sustain the charge. ni K'il.AKY IN A BROADWAY SHOK STORE. hdward jackson was tried ana convl red oi burir larv In tho thud degree, lie having on tiie 2wih of June, with a confederate, broke Into the shoe'siore or <iustav /,. BurgrafT, corner of Broa.lway and torty-flitii street, when $s?o worth or goods were stolen. The prisoner had escaped arrest nil u jr. on Hi ago, when the complainant, who was a luror In this court, recognized Jackson, he heing sum moned as a witness ror the people in a certain ease. ? !.e l,r''Jouer claimed mat turn was a case or mis boa?" an<' '10 was employed on a pilot on motion the sentence was postponed till Friday. COURT OF SPECIAL SESSIONS. Anqtiniing Olttcc? An Adventurer In a (|uenr Position? Hunting for Wardrobe?A Lively DautiMtio Circle?Th* tio.u Will, ibe Lady Friend. Various and nnoortaln are the crooked ways of that class of Industrious Individuals who travel in the footsteps of Jeremy Dlddler to scrape out an existence. Mr. Raphael cordon found bin r?art an nn<ertaln one yesterday mornlnsr, when ha wan brougnt up with a round turn lo an swer a charge of pretended official dignity. Tho complainant. Mr*, eclino Martin, a tan an I stately matron, robed lu violet, with a provision of gaudy jewelry and flounced ami furbelowed rrorn head to ?oot. was the first upon tnc rostrum. Madame Celine Is a French woman, although, perhaps, her name ma* sugire-it another nationality. be sides being a French woman slu* coiiducw a man gion in went Twenty-slxtn street in a de?id?uiy Frencliy manner, she was accoinpaiue i nt hv a number of other Freuoli women, who^icsi<1cir Twenty-sixth street in a house of stiong leputt. '1 he young'st of THESE FEMININE I REE LANCES - was somewhat the gaudiest oi the lot. ,: ^ emulation worthy of a better oomct. sho had "P1"' the adornments of the robust Madame ixdnc, an i(ltt(|,,i ner little perjo:? with excessive Mitry. Tlie business in hand was b< support a against Raphael Cordon or having come io t ie house and endeavored to.extort money Uoiu the proprietress under pretence of 'jeiug A CAPTAIN OK TOUCH. The landlady stated that he liud called at her resi dence ami demanded some clothing belonging to a womau who bad just removed to anot her place r abode. They knew notnnig about tho dnery, and Itaphuel, seeing he was not likeiv to get any sa"M* faetlou, put in Hi' story of Hit- police to strengthen his ca-e, and told them He would have tne house pulled in the niorulng if she did not come down ^ MHy^h.HMey, another voniiir lady from one of the v'rench depeudouc Kitty OulLioiey, another young lady from one p ?reach depeudeuoi >s. corroborated tue story ? r iim mistress. Kitt.v made some .illusion u, the luts i and oi tho complainant Willie sue was jj.v.ng hit testimony tnat uiado the uentio loipuar suiU..id over his face and up io his ears, me co 1.1 almost see the lun or the thing sparklingall o\cr hupeisou. Joseptnue Dubois was the next arrow shot liei the bow or the oileudeil matron. Josephine ?ou.d not sneak ^ng'.'.sh. but t he seems io thrive inugnill centlv among this Kngll.-h-speukuig eonimnnitv; lor ?ne is in splendid condition, and wears he. avouuu pois with an air that pretends to say, r "I LIKE IT." Josephine proved a quivering dart In tho C1VS(/,.0,, Kapliael. Sue stuck lu the heart oi It, and made a hole large cnougii to look through, ills Honor almost luuuediately took a ivantage oi the openiuj,, and i eeped into tho tne menisof Mi. U.>rdoii. did not bear Ins roasting good-naturedly, but twisted and squirmed as n ha were gified for a moment wiih a touch or clalrvoyauce. Ilo evidently lias a taste lor the law. iIko almost all rogues, and was proluse in legal terms wneu he put i|ues tions io the Witness, no conducted Ills own ease. Unfortunately for him, however, and perhaps lot tun.'teiv for the public, he considerably damaged his cause by ins offensive manner. ?Raphael told uis tale alter this effect:? ??A LADY FillEND OF MINE who had just lert thai House ami moved into another opened lier trunk in my preseuce and missed two or three wrappers, a biacK silk dress and several C,?Tlm Mady friend of mine' Is highly respectable." The Judge luterrupteu the interesting story? ?<\\ hat! and living lu a house like this1" ??Well, 1 mean to say that sho is ul^hly con nected." '?Kedp to the case." ?'?You are Siuricd1'with personating a policeman. D-iydou't remember. This 'lady friend of inlue' didn't like to go down to the houso herself and ussedme to go. 1 wei.t first to the nauon house to seeTiie caplain, but he was not visible. 1 then spoke tOUl? POLICEMAN ON TnE BKAT, and told him about the loss ol the goods, ne advised i>ie to go lnu) tne house and speak aoout it, ami I went. 1 told tho madam about this ailalr, but she wouldn't give me any saiIslaction. I went back again to Z'lady friend,' and she said, us she couldn't i!et the things, she would be satisfied to tuKc a re compense. 1 went back again to tno madam and entered the hotiso through tne basement. I fouud the servant cirl m tho kitchen crying. I tried to con sole iter, but sue wouldn't be comlortcd. lhe madam then cauie down stairs ana gave me a coudiO ol glasses of liquor. 1 was thinking anout ?inv ladv fneud.' " This refrain vaa evlueutiy tire some to every one, ami the Judge again broke In, "we've heard enough aoout her. Did you com mit the ollenco you are charged wltu.'' ??I don't remember; i might havo threatened to bring in tno police. I went to see the captain. Tne Captain rose in his seat, and said:? out Honor he is riant about tho policeman to this ex tent- lie asked the man on the beat to wait in iront or the house until he came out, but when he louud THE Ht'SK OP TilK CAPTAIN wouliln't work he told the women that lie had the house surrounded by policemen aud brought them ?othe window and showed them the olllcer standing o>itside. 'i'hls frightened the life out of them. "That's enough; two mouths in tho Penitentiary. Ami H iiihfttl wus walked off. as he went he re marked to ins escort, "1 can stand that like a lark." WANTED SOME BLACKSMITH'S TOOLS. . (iharlev Meyer was rewardca with four months lor stealinc a set of locksmith's tools belonging to a man lie had been working for. Counsel made a motion lor dismissal on the ground of amoigulty in the wordl.ig of the warrant. It read "on or about when It should have Inien precise as to the rtaus. lhe mo* tlon was denied, and Mr. Meyer went for Ills gold medal. ^ uyely domestic circle. Mary nelehanty complained in a purely Irish In tonaUon that she had received the frightful punish ment her llgure-head e.xhlblted at uie hands, or rather hand, as ne possessed but one, of Daniel, her 80U" PANNV I)KNIEI> the allegation, and stated in reply that when he came home on the day ol the occurrence he disco vered ? little family scrimmaue going on. llw wne aud sister wild niothor wore PLAYKULMf POtTNDrNO e ich other's caputs In a general manner, and he merely stepped in, being a member or tue house E and wok a hand in. The first thine that came along was the old womau s phiz, and Danny dutituliy went lor that. Plates, saucers, wash bowls and milk cans Hying through the air made the scene a lively one for some tnue. 1 ne veueror ble lady's pbep>b8 weri polishkd, it. is true, and her temple opened, but tnc other heroic women of the Dole bant y race weic slniliaiiy adorned, and as it was all In the lamil.r, why "Thank ye'r" Honor." And Daulel went with alacrity. MWLT Qp A ,.LirrLK uust." A voune lady, tinged in the chocolate shade, put in a piea or cuiliy in self-defence in a ringing tone. Mie had pummelled lhe dark visage of Margaret Parker In a moment of forgetfulnrss, and now <iood arraiuned for her misconduct, hhs. too, had "a ladv frieud, ' and they went on a HUle "bast"' together, one month. COURT CALENDARS?THIS DAY. Supreme Court?General Term.?Nos. iei, 167, IBS, 174 to 180, 276, 181, 182, 1S3, 185, 180, ls9, 190, 101, 192, 193, 1st 4, 12, 195, 197. Supreme Court?Circuit?Part \?Held hv Judge Brady.?Nos. 875, linn, 1443, 1463, 1571, 1743, 7-5, UtK?, 1073, 1287, 1318, 1401, 1505, lt.^j, lOJl. 1847, 1621. 1633, 1655, 1663, 1667, 1673, lfisi, 1C<8, 1685. Part 2.?Held by Judge Van Brunt.?Nos. 581. 1990, 1991, 2014, 22"SX, 19-2, 1366.K, 1540 ? 1748, 2083, 2172, 1180, U5G3a. 1470, 1694)4, 1820," I960. 2078, 2046, 2150, 2188, 21 f2, 2200, 2230, 2246 ? 2230' .. Supreme Court?Special Term- lleld by Judge j Sutherland.?Case on. siritEUK court?Chambers?Held by Judge 1 Canlozo.?No-*, 134, 136, 63, 190. superior Court?T iai. Term?Part 1? lleiu by 1 Judge Spencer.?Nos. 581, 935. 955, SOO, ] 1 HO, 809, 839 867, 1047, 1045, 741, 651, MJ>, 797, 1184. I'art 2?ileld by Judge Barbour.?Nos. 77f>, 7!?o, 104, ;;?s. sso, 7J3. 86fi, 854, N#2, 8H4, 88ii. R90, 802, v?4, S!)6, 91K). Common Pleas?Trial Term.?Part 1.?lleld by Judge J. K Daly. No.-. 12.k;, S'iO, 431, 512, 524, 730, 001, 1405, 253, 4.12 . 344, '17, 3 3, 613, 843. 90<i, 033, '.'J4, 30. o22, 473, 607, 07,; 8'jfl, ('14, 475, 22!', 115'j, 022, 923, 327, 241, 6S, 902. lJ3. 772. N25, jr., 607, 737. Equity Term?Held by Judge Uolxnion.?Nos. 140, 12;, 132, 03. Marine <'ourt?Trial Tcrm?Part 1?lleld by Jndue CUttiS.?Nos. 50J2, 6030, 6055. 0083, 6580, 671*1. 0153, 6157, 6158, Ol5'J, 61P0, 6161, 6162, 0163, 6175. Part 2?Held byjudae Alke;1.?Nos. 6S<xj, .<;4s, oojs, 60(4, 6065, HI-7, 6128, 6130, 6131, 6132. 6151, 6152, 6161, 0155. Part 3?ifcM by Judge Tntcy.? Nos. 5464, 516), Large vs. Uaker, 6747, 0105. 0054. yj7P, 6788, 0789, 6*00. THE mUDLR OF THE fAPTAIf OF HIE J. L. UOWEN. The I'xoininiMion lor the llri'ence ?iHolioii to t):nml<iN lan 1 oniplniul Denied. Yesterday the further examination ot the seamen James Thomas, Thomas Koach and Michael Antolne, ? who Tvere charged with mutiny and revolt 011 board | the ship J. U Boweu, was resumed ticfore Couimis- I sioner Davenport. Mr. Purdy appeared for the government and Mr. Robert N. Waite for the defenoo. MOTION TO DISMISS the COMl'I.At NT. Mr. Waite, for the defendants, moved to dismiss the complaint, on the grounds?Unit, tii. t It m? where uppcared 111 tho cadence th.it thi?fv.isau American vessel, and, 01 course, it was abso lutely necessary that tho nationality o. tue vessel should be shown in tho proor. The Commissioner?That is show u in the afTl 1 ivit. Mr. Waite?Ihat was put ?n to tuts? the wan tut upon It, but tho prosecution must prove every lact necessary to n,\e the court Jurisdiction over me offence. That being so, the iac'. 01' lite vessel s nationality must i*c proved, and, therefore, on tuts motion 1 lie dciendaats were entitled to tneir dis charge. Me also moved to dismiss utc complaint on tLo further ground that tiu-ro was no evidence to show that the offmce upon which tho District At torney elected u> proceed?to wti, endeavoring to create a revoli?bad been sustained. This offence was denned by tue second sectlou of iho aci of 1835, and the crime act of 1790. Counsel referred to the opiuion of Judge fctory as to what constituted mutiny 01 revolt on board ship. Judge Story, in the ease of the LiiitfJ States vs. Smith (i Mnsou, 147),says:?*'au endeavor to create a revolt is, m eilect, ail endeavor to create a mutiny among the crew of tue snip. Mere inso lent conduct to the master, dlsobedlcnoo oi orders or violence (onuntlM upon ttie master uuaceotn panted ny other acts showing an intention to sub vert his command as master. Is not sutik ient.'' Counselcouteuded "-it tne men were uuju9tifl ably assaulted by the ni if. They wore nnmnie men. bat they hit*I some rights to cielead. lu r-sihting the umust a^iult of trie male Mow* were -truck? blows invited by the conduct of the mate. rhe men were not aifgr jssnrs. Mr. Pur ty cou fended. In reply, tnat there wan enough to shew that the men intend 1 to revolt. I Words used by the mate, however prolans or filthy I tin y may have been, old not justify tlie men In ri-lng ngntn"t the oit'cers. li w:is no', dunned that i miy of me men received any blown D.iore < lie revolt ? commenced. There was no doubt tha' an offence j had been committed by Hie men. Toe fact tnat me i captain was killed w?s patent. and if not Killed by one of these men. who killed lum t The Commissioner denied the motion to dismiss, nnd the former bearing of the case was then ad journed. T1?E LAN AH AN 1RIAL. Meeting of t!ie lSo.k Committer?rrelimina* rlM Arrunsreil?'The Crcwt Admitted. The Methodist Hook Commute * met yesterday, according to adjournment, to investigate charges preferred against Dr. Laaahan i>y ino agent of the Hook Concern, Dr. Carlton. ineso charged, la brief, are:?Dr. Lanihan's court pro eed.ngs against the Concern and its agent, already sur ; flclcntly ma le punilc; nis arrogatiou or author lly which neither tno discipline, the General ! Conference nor the Hook Committee liad given 1 to him, an I tils disregard and contempt of the , authority oi tit ? liook Com.ultteo and of tno i agent of tne Book concern, in causing to be copied large portions of tne books of account of tlio Con i c m and carry ing the same away Iro.n the establish | ment; caiiBlng extracts from the said copied and | pretended result* of examination ol the books by acooentuuts to be piloted secretly, without the knowledge or the agent or any conference with him, and his circulation of the sauio, uud his threatened lurther legal proceedings if his unjust and Illegal demands are not compiled with, together with bii persistent and unfounded attacks upon the good name and credit 01 tne Concern, on these charges l)r. Canton demanded a t' ui of ills asso ciate. alleun g tliat under pre -out circumstances he could not lio.il his position nor uticnd to the busi ness oi the concern as it required. Upon tnese charges, tlieroiore, me committee two weeks ago Hiispeii'led Dr. Laualtan an i ilxed his iml lor June IS. ti very mem in-r of tlio comiuliice, except done ml Moore, wh* i resent, but oni.y one oi tne efftoc. live bishops, James, was on hand, the committee organized promptly, but Lir. Lauahun wus not quite rea v und asked f r a postponement until tills morning, which was, or course, adowed. Tne com mittee meantime busied itself with oilier aitalrs of the Concern and discussed the propriety or reduo Ing the price or its several publications .tud pe.iodl cais. Later on hi tne alternoon the preliminaries uud rules ror conducting the case a ere adopted, and by these It was arranged tnat the issue at the outset should be met npon tne charge* herewith given, lint If Dr. Laua ban shall still insist upo:i hut former charge* against the iiouk Concern no may force a trial oi the whole ease from the Beginning, and in such an event it is difficult to hih:.->h how long the trial may couimuc. Three or the bishops who were present ut the former trial will, it is expected, be present to day. Hut Kishop .Simpson Is cumlned to his home ami bed by sickness and cannot be with mem. A resolution waa adopted granting admission to an duiv authenticate i representatives or mo press who may apply and tne hour ol opening was tlxed at ten A. M. THE INDIANS. Favorable I(el??rt Iroin General Cnnby C'?? cernin* tbe Oregou Indian*? contract" Indian Snppllen. Washington, Juno 15,1871 An official letter irom General Canny referred by the War Department to the Secretary of the In terior for Ills lnloimation, gives Home gratirying In formation iu regard to tno Nez Perces and other Indiana in Washington Territory, to the number or about mix thousand, under the bui.ervlslou of troops at Fort Lapwai. llcturumg to Portland, Oregon. from a visit to the above region, the General re port* these Indians as peaceable and friendly, although many of mem are called disuifeoted, be cause they reluacd to become parties to treats and accept annuities and allotments on reservations. They arc generally of au luie, vagi ant class, but a lew are industrious and cultivate ?i inruij The disposition of tue emigrants ?u this Action to Sans tue Indwus is very aood, and tne commanding ** Lapwai lniormed the General t.hat thie setilers are ivilimir lO CO*ULMimlQ W iCtft tllC HUtllUillloo IU b iu g up tho w^Ke, trade. Irom which alone troublo With iudtaus is appreueiidod; but it 1b be I ueveii that, suilicleut precauUons will be laken to ureveut the lutro lucttou of whiskey 111 tne 'u - P At the Indian uureau to-day, bids were opened for me supply or some tweuty-seveu millions o* io?nd!of liSi on the hoof at^Vu^renmety tiou* daring Hie next lineal year. Tuere were ninety blab, ut prices ranging irom I1M to *?.w per loo iiiiiiniis A lartfo number ol bid.icrs were prtncui. I from aU parts of the country. Tue i is were opened ^ in the presence ol George H. Stuart. John 1 i-'rauu.s and Vincent C'oiyer, of the Indian * oinmls ;,on? and colonel fox and J. S. Delano representing the seoetary of the interior. Orenklnu Up the Indian l'radp In Arms an* AinBinnlllon?Active CampHiiin tu be Co?? Bieaced Against the Aparbea. S r. Lou is, Mo., June 15, 1871. Advices received at Fort Leavonwortn from the borders or Texas suite that a scouting party of troops south of Fort Bascomb captured a stronsr party, consisting of ten Mexicans and one lnnlan, with twenty loads of ammunition, arms, Ac., wlucli the troops destroyed. The next day the troops cap tured &oo head or cattle stolen from Texas and traded oil to the Mexicans. A letteriro.n Lcasburg, New Mexico, savs (.eucral Gordon Granger, who recenuy assu ued command ol ill military district, has .lete.mluea to solvo the Indian question within the limits of his juri-diciioi? with the rifle an i revolver, and a* evidence that ue means busiucss he has ordered all his available iorce to report to General Thomas C. i-ev.u, at a point west ol the Bio Grande, in Gram county, wno wbi direct operations against the Apaches. HEW YORK i\l> THE VICE PHESiDHCf? I From the Utica Observer, June IK] Five men from the state of New i ork have fllleii the Vice President's cnalr. Tue ilrstoi tuese wa? Colonel Aaron ilurr, who was e.ected ou the tlcuet with Thomas Jeflersou In the je.ir lsuo. lite la<nes used to gaze down upon him from the galleries of the Senate and listen with rapt attention to the music of his voice, wlueu was free from all nasal flavor, lie was an unprincipled f. I ow withal, and while pretending lo support the I'lesidciit was reu y ?eelnritf the iilgnest place lor hiinssir. lie nad a rival 1" t'"s State In the person oi Alexander 11am mon Ju.-t beiore another Presidential eanvaas came around burr killed his rival and alter that he ^OuruexTvice^'resbieiit was Georire Clinton, who nerve'I during Jeir. rson's second term and through part of Madison's llrst term, lie d ed in oilice. lie w is the first. Uove nor of our Mate and was a tiue in*) ripii hure-mlndeil Ucmocr&U Tne ttiirii iSew Worker who was elevated to the Vi ve Presidency was Governor Daniel I), Tompkins. He was a high-toned man ami gave eieg.int eutei tunnients to his irieuds. lie served iro n 1817 to t, Id .lied ju-t beiore me expiration ol his wcond term, lie was versed in all the niceties of Sm, "ette and uivaiiabW dresse 1 With exquisite it was not iiteae cliaiacterlstl> s, however, winch made mm Vice I resi ent. lie was blessed ..,,1, a peculiarly even temper, and he never flow Xto flt^o? ungovernable passion, lie had small fe^uw'KibKr\saiouiihUv iec President was Martin Van Riiren '? 'Twas not his stature made him great, Lu^rearnessor hiMiame.'' lie fllied hu.-ocMdvely the positions of lu.ted states senator, Governor of tuo Lune or Now \ork*, bccrctary ol diatom Jacfc Ion's Cabinet, Minister to l.ngla \ico President nnd President. U" was a very polite man and he ttiw ivs used lo lift Iiis hut to voters ju^t t.el ore an e ectiou. lie waau.so u very wise man; wheieioro no lilted Ins hat to voters alier an eicetiou. (Uu ilith Vue president, tue iav. wno Held the office, was Millard Fillmore, o( mitlalo. 4r. Fill more ui a \cr* inoJei ol deportment, in politics lie Soiii'd lor many years lo be a tavoted oti id ot for tu'i". When he whs clcete.l In W>. on the uoke win: General l av lor, au irreverent ciuaeti of Bu.la o laid a wa;er that old "iiougn ami . ead> would die befoie the expiration of his term aud more would succeed to mo I'leH.iiencr. w Ihbi he won mis -inu'ilar wager ue expre-sed u > s n l1''^ but s.mply -said that "it w.is lu keep mr with HH .nnim nnnrer luck.'' We do not >???w to wn.u peculiar mutations of fortune tue b::"'"(W.V.Vat?> tflat tent bu' the 'one oi the remark ?>>ui i lii'i.i.au. in? Mi-.' Fillmore nail received rewards be>ond d'serts. yj presidents named in addition to the flv ?iaJllUU? lor ,he 0,u?e above weU;ivchadse ^ Kutus Kiuit, who wero defeau n1'i ' Catididai.e for VN r, ???????? elrcloril ^ 'Tt i attain a candidate u i?.w ma aa.iln votes, lie was a#."'.? rta?u,r,i, vi tui- state, deieated. In i votes i01 u,;e president. irsg srss r?. s sxsssi as.'ta'a e'eetlou! when lie lost his wind aud rented from tue Held. ?,,,, York Turners in Kociiksi ku.?The Turn .^rnot our. Ity have just won uoiiU-d Hut a nAvtl i.f iheir New i orit brethren wi.l spend tue nu i?iv witu them, and our German ouiiuunity .nil kLcurtfinglv i'e "e ued to ona oi th-s- les.lv.ues fhlit i?efui?n? love to ariamce wlieo they meo. v^ uetlier l he party are lo visit tue r ?IK a" ?'* J'g cnterlaineil here and g.vl.iK a speeimvu ol tUcti jwwet*.?t'/uoiH Ja/u k-k