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The New York herald. [volume] (New York [N.Y.]) 1840-1920, August 17, 1872, Image 8

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of the Argument for
the Froflecotlon.
f ?
Reviewing tbe Erie, Susquehanna and
Pacific Mail Litigation.
..v V->- " '%
11 *
Counsel's Demand for the Mild Punishment
Provided by the Constitution.
? Saratoga, August 16, 1873.
. The Coon diet at ten A. M. Thirty-Are members
prere present.
aromknt fob th* p*o8e0m0n.
Judge Van Cott, of the counsel for the prosecuKon,
resumed his argument at the point where he
ft off yesterday, criticising the orders issued In
fhe Nyce case restraining the Erie Railroad ComSny
from transferring the stock belonging to the
iglish stockholders.
The counsel then took up the order Issued on the
Succeeding day, appointing a receiver of that stock.
Respondent's counsel said that Judge Barnard, discovering
an error on his part, made in the order of
the 23d of June, restraining the transfer, revoked
khat order on the 23d and Issued another.
How was It, 11 he discovered on error on his
part, that he repeated the order aud increased
its enormity by adding to it the appointment of a
receiver? Mr. Beach replied that the second order
waB Issued npon new facts presented. Mr. Van
(tott said the counsel was continually falling Into
terror concerning these facts. Judge Barnard did
not revoke his order of Injunction, and proceeded
to state that the first order was Issued in March,
and following that there were two or three other
\ On the 22d of June there was a Btlpulatiou that
there was a mistake as to violating the injunction,
And proceedings were stopped as to contempt.
There waa no revocation of the order
ma alleged on Judge Barnard finding that
lie had made an error. The counsel then
referred incidentally to the case In which
Judge Barnard iasued an order to show cause in
the Union Pacific Railroad, returnable at a certain
future day. But before the arrival of that day he
Issued another order ex parte, appointing a receiver,
thus seriously interfering with the construction
of a great transcontinental railroad. Returning
to the case In which the order was issued,
{uttlng tbe stock of the Erie stockholders in the
ands of a receiver, the counsel referred to the
Verification of the complaint made by James risk,
' Jr., and complained that It waB entirely Insufficient.
He asked if It was legal and
proper to dispossess a man of his property
simply on the knowledge and belief
of another man. The counsel then referred to
the effort made to have tho $0,000,000 of stock registered
so that it would become marketable after
Jt waa released from the injunction, and asked why
flak and White secured the order restraining Its
registration. Some one had a motive for this act,
and who was it T We find Jndge Barnard making
this unlawful order to prevent the registration, and
In all these orders there was no cause, but, nevertheless,
they were issued, and, by a manipulation
on the part of Jay Gould,
sa the evidence shows, and we find that 60.000
hares are locked up; are put In the hands of James
H. Coleman; for what purpose ? Why, that they
should not be voted upon. And what is the result ?
re they not voted upon ? When the election time
arrives this James H. Coleman foes to the office and
votes on these shares for the Erie party. Was this
not a part of the little scheme entered on? Then
the case, by order of Judge Ingraham Is carried,
to the disgrace of the State, into the United states
Judge Blatehford then made an order taking
this stock out of the hands of Coleman and banding
It over to Its owners. But what was then done?
Wny. the counsel for Flsk appears In the Court with
a notice discontinuing the suits which had originated
this litigation. Why discontinue these suits If
they meant anything besides simply seizing on the
books and stock for a certain purposo? Could the
parties to these suits not obtain Justice In the United
States Courts? Then, on the 28th of February, Robtasou
was appointed receiver of all the stock held
by foreigners in this country, and on the complaint
of Flsk the date to this order Is made in such a war
as to cover the proceeding in the United states
Court. Where was the sincerity, then, of discontinuance
of the suits? Messrs. Evarts and Southmayd,
shrewd lawyers as they are, fell Into the trap of this
discontinuance of the suits. They thought the procee<Ung
was a bona JUte one, and yet ere Mr. Swan
could go from the court room to the
office of his lawyers he was served with
the order appointing Robinson receiver. Now,
aid counsel, Judge narnard know this trick.
Be was fully aware of it. It was such couduct
as this that he has been guilty of. lie has outraged
11 law. There was another flagrant circumstance
in this connection. On the I7tli of September he
issued an order making these various orders a
Special Term order. He knew all about these orders,
and yet he made this order which wus disastrous
to the Interests ol the owners of this atock
and dishonoring to the Judiciary of this State. This
Robinson was in close Intimate association with
Flsk, (iouin and Barnard. He was In a position to
borrow money from Gould. He borrowed money
from Could for Marnard, who says he borrowed it
from James H. Coleman. Now, can a judge borrow
money irom his suitors? Ana the fact Is that three
days before Robinson was appointed receiver he
was told by Fiak that he was to be appointed.
Was it not known then that there was to be a
enap appointment of a receiver as soon as the
matter reached the United States Court? The
counsel then passed to the case of the Union Pacific
Railroad, criticizing the validity of the claim of Flsk
to the possession or any of the stock of that company.
Flsk claimed to have paid a certain price for
the stock, whereas he had not paid the price entitling
him to it. But that was not the question
here He claimed that this was not a case for an
injunction: the company was abundantly able to
make good any claim he might have against it.
But what reason was there in this caBe, or In
any of the others, for an injunction interfering
with the eleotlon of directors? He asked
If a voter, believing that Tweed, Bweeney A Co.
were unlit men to be elected to public office, could
get an injunction from any court restraining an election
on that account? Counsel asked then if there
was any conceivable reason fur the issue of an injunction
on the complaints in these cases, which
were exactly similar to such a complaint as he had
supposed. Reierring to all these orders, he asked
if they were merely accidental and without purpose?
then aa to the etTect or this order
which stopped work on a road struggling for
completion, under the requirements or a law,
wltlun a certain time. Any child could see,
coerce the company into the demands of James
Plsk, Jr. What wan It that Mr. Bell said to Judge
Barnard? He said:?"Do you Intend to force na
to anbmlt to Jim Flak?'' Why, aald counael, such
remark addressed to one of this Court
would be a monatrous and Intolerable lnault; but
to Judge Barnard It had the effect only to make
)>tm cringe and releaae, Juat a little, his hold on Mr.
Cisco. Counael then referred to the effect of the
ordern on the financial aff&lrs of the company. Ita
bonda, before the order* were laaued, aold for 102,
and Immediately fell to about 06. it had on band at
the time some |10(000,000 of bonda. and the loan huCfered
waa enormous. He aaked If a Judge had the
right to atrike auch dlaaatroua blows at the lntereats
of our citizens, and wltli his eyes wide open to
their effect? Counsel then dlacusaed the effect of
the orden in the caae of the
company and the authority for them. He controverted
the necessity for these orders and snowed
that the complaints could have been answered by
other legal proceedings. What these parties
wanted, said counsel, waa to carry an election, aud
to Jo tins It wrh necessary to get possession of the
stock held by Uroesi>eck; to get it in the hands of a
receiver. 'lhin ?as the first atep. Then they
acute i to get possession of the books, and all this
In order that the parties could stfai possession of a
railroad. Counsel then proceeded to consider the
ca?c vf the St. l'uul and Milwaukee Kallro.id, and
charged Judge Haruard with perpetrating * great
outrage in issuing the order lie did. Counsel
stilted the circumstance of the case and
pointed out whut should have been the proceeding,
allowing that Judge Barnard had no jurisdiction.
And yet, what happened? Why, Judge Barnard
appointed a receiver on a bond or tU6u, as security,
executed by a non-resident ol the state. What security
wus this ior interference with an Important i
nnd wealthy company, whose railroad runs through I
I In ? siluti.H f if Ihf WfSty It RRDtars that Shnlrr I
pvwa btfor? Ju?.iir?.' liarn?r?). wlivm Lv fluis ca- i
gaged In the Intellectual occupation of whittling a
stick. Hhafer suttee his complaint; Judge Barnard
expresses a donbt aa to hla Jurisdiction; Shaffer refers
to a case; Barnard asks where It la to be found,
and Bhafcr la onable, at once, to remember, but
Anally recalls It; Jndge Barnard then Issues his
order, which, In Its efllct, Inflicts a loss upon
this company amounting to millions of dollars.
Is this proper action on the part of a Judge? la
this carefull/ considering the fiw and the facta of
casea brought before a Judge r Now, what was the
object of this movement? Mr. Bright and his associate
In the complaint were dealing largely In the
stock of this road. The price of the stock was ad- i
vancing and theywere snort, to use the language J
of trie street. They were short and had neavy
contracts to deliver this stock to AIL This state of
affairs waa ruinous to them, and something must
be done to relieve them; hence this order must be i
secured, id oraer tnai me uavauce 111 wu price ui the
stock should be checked and a decline secured.
And all thiB wan done on a sham fult, based on a
$600 bond, counsel then considered the case of the
and after stating the case, which was that the receiver,
throagt) an order issued bv Judge Barnard,
leased the theatre to hU son-in-law for some '
(16,000 when there were higher offers, and one by
Barney Williams of 120,000. Here, said counsel,
was a case of a Judge acting as a chancellor,
whose duty It was to act to the best interest of inrants,
making an order by which these Intents
were deprived ol some $30,000, for the
ease was for three years. Counsel then eximlned
the allowance made by Judge Barnard In
the case of Shephard against Thompson, Tlghe
k Dull, which allowances, counscl said, were extortionate.
Connsel alluded to other cases of like
;haracter. Counsel then detailed the case of the
registrars arrested on a charge of false registration
if voters. A writ of habeas corpus, said counsel,
was Issued by Judge Barnard, made returnable at
Ills house at a oertaln hour the same evening. The
eight men arrested were brought there, and Judge
Barnard in his testimony said, It being a rainy
md rauddv night, he ordered that the men should
not come Into his house, Into his court, but be kept
waiting in the street. The return Is passed up
stairs, some conversation is hnd over the balusters
?nd tne return is passed back again with a discharge
written on It and the prisoners arc set free.
Oounsel then considered the
cane, where Judge Barnard sent an order to that
company that unless a certain amount of money is *
paid by Mondav morning he would Imprison them H
ror contempt. Such an order was entirely without b
the authority of law. Ho had no right to make use
of any such threat. Counsel then glanced at several
other minor points In the charges, aud which 1
he presented with much clearness and forcc and \
Sroceeded to apeak In general terms of the case,
e claimed that the prosecution had established
kll the charges made against the respondent, and 1
called for the full sentence provided for by the con- i
Btltutlon. This the people demanded; the people
who had seen their highest office degraded. They
will not be satisfied with the mere removal or this
Judge to be again re-elected. He wanted the judgment
of the Court to be a logical judgment. He
wanted the fall measure or the mild
Inflicted. Never, he said, was a judgment more
anxiously waited for by the people than this. He
referred to the precedents In England, where the
punishment of Judges, much more severe than our
constitution provides, hod had the effect of stopping
lmpeacnmenbt there. On Ills concluding
there was applause which was promptly chccked by
the President.
On motion of Chief Justice Church, the Court then
went Into private session. The debate in the private
session of the Court, which lasted nearly one
hour, before the recess, was on the question of
having a stenographer present to take the discussion
and proceedings had on the final action of the
Court, it being proposed to liave the remainder of
the proceedings In private.
The question was not settled at the time ol taking
the reccas.
The Court sat in secret session from two to three
P. M. and from five to fifteen minutes past eljrht P.
M. and then adjourned, to meet in secret session at
ten o'olock to-morrow morning. The secret is well
kept, but it is generally understood that, after a
good deal of discussion a verdict of guilty was given
on several articles.
Tho final verdict will probably be published tomorrow.
By Judge Barrett.
In the matter of the estate of Moses Aaron, deceased.?Motion
E. 6. Inness vs. Raymond 8. Perrln, et al.?Writ
of assistance granted.
The People ex rel Osborne et al. vs. A. 8. Coady.?
Motion denied without costs.
Close of the August Term?One Hundred
and Thirty Prisoners Disposed of?Professional
Burglars and Garroters Sent
to tlie State Prison by Judge Bedford.
Before Judge Bedford.
The first case called by Assistant District Attorney
Fellows yesterday was that of Samuel Allen,
who pleaded guilty to attempting to enter the store
of Archer A Jacobson, 124 Pulton street, on the 16th
of July. He was caught In the act of breaking the
glass and stealing umbrellas.
Judge Bedford, in passing sentence, said that the
offlcef informed him that several attempts were
made to burglariously enter stores In Fulton street,
and notwithstanding the statement or counsel that
the prisoner was never charged with crime before, J
It was a strange coincidence that since his arrest 1
the attempte to break Into stores have ceased. For j
the protection of storekeepers His Honor said lie
would send Allen to the State Prison for two years 1
and six months.
Boy Burglars.
Thomas Kelly and Charles Rubel (boys) pleaded J
guilty to breaking Into the lager beer saloon of
Louis Goldsmith, 280 Fourth street, on the 15th of
July. They stole a pocket book containing $1. His
Honor sent them to the Catholic Protectory.
Two Professional Burglars Sent to Sing
George Watson and James Klrby pleaded utility
to an Indictment charging them with burglariously
entering the shirt manufactory of Claflln A Co., 41
Thomas street, on the 30th of July.
Mr. Fellows said that this was a clear case of
burglary. The prisoners were found concealed In
Claflln A Oo.'s premises under circumstances that
clearly Indicated they went there to steal. Burglars'
implements were found with them.
the state Prl9on, but the officer produced a witness
to prove that Kirby wan an ex-convict.
Judge Bedford, in passing sentence, said he was
convinced that they were professional burglars;
but In view of their pleading gullly and saving the
Court the trouble of atrial, at, the District Attorney's
request he deducted three months from the
sentence. They were each sent to tUe State Prison
for four years and nine mouths.
Jane Magulre was tried and acquitted of a charge
of grand larceny, Owen McXabb asserting that on
the '28th of June she stole fioooutofhls pocket.
The Jury were not satisfied with the complainant's
story, and rendered a verdict of not guilty.
Qnstav Rudolph was tried for stealing $46 from
the till of Joseph Schultz, 178 Ludlow street, on the
6th of this month. The jury gave the boy the benefit
of a doubt and discharged him.
Assistant District Attorney Fellows then announced
that he had no more cases to present to
the jury during the present term.
UtKharg* of Petit Jury ? Remark! of
Judge Bedford.
Judge Bedford, In discharging the Jury, said:?
Gentlemen?The August Term of this Court close*
to-day. 1 cannot separate from you without returning
to each one of you my official thanks for
your fidelity to the people's cause, notwithstanding
the depressing and excessively hot weather we have
had for the last ten days. Your verdicts, without
exception, have all been characterized with a wisdom,
a fairness and Impartiality truly becoming a
petit Jury. You are now discharged (Tom further
attendance, with the congratulations of the Court.
During the August term there were lao prisoners
disposed of, among whom were thirty-five burglars,
who were convicted and sentenced for terms from
five to twenty rears in the State Prison. There
were also thirteen garroters, who were sentenced
for terms of from seven to fifteen years In the state
Prison at Sing Sing. The balance of the calendar
was made up of indictments against sneak thieves,
pickpockets, shoplifters and felonious assaults.
The fearless and determined stand taken by
Judge Bedford In dealing out the full penalty upon
every convicted professional burglar will, no doubt,
have a telling effect and will prove moBt gratifying
to householders who may now be temporarily
absent from the city. The severe but just punishment
Indicted by the Judge upon garrotcra will
also certainly have a salutary effect and will prove
a protection to the law-abiding citizens who may
happen to be out late at night, the Court will open
on Monday, the 2d of September, Judge Bedford
A Gang of Thieves Half Murder an Old
Farmer and Steal All Hla Money?Two
|DOO Bond* Stolen.
PlTTKTON, Pa.. August lfl, 1S72.
Early thU morning a party of six men broke Into
the house of Newman Urown, at Marcy's Stalloo,
near Scranton. They dragged ltrown out of bed,
one of the party exclaiming as he broke the window
of the room, "You damned old miser? we will
not smother you." The burglars rifled the house of
the old farmer, and alter leaving him Insensible
decamped with fl.aoo, among which were two f:?oo
It Is exaeeted the thieves will present the bonds
for sale In New York. Uiywu in noi expected to
mover. i
The Spanish Bam Nnmancla Still
Anchored In the Narrowa.
r\ l l.-J_ i7 a i ii a t
uues Anyuwiy jvnuw Anyining aooui
Lower Bay Anchorages ?
.- n. , . t
No New Cases and But One Addi- c
tional Death Reported. c
New York will be astonished this morning to 0
earn that the Spanish yellow fever frigate Nu- g
nancla, which was to have been piloted at noon a
resterday from the NarrowB, off Staten Island, to a j,
>afe but more remote anchorage In the Lower Bay, ?
eraalns at present In the position she has occu- jj
iled since Monday last?in the Narrows, opposite a
JUfton. 0
In accordance with the order of Pilot Commis- a
loner Ulunt, the commander of the Numancla t
wu mix* a ill up nil uu y jrnnnuj, took -j
in board a supply of fresh water an?l t
irovislons, and removed the ship's guns forward, t
o as to lighten her stern and put her on an even k
Leel, and at one o'clock, the appointed hour, was n
eady to proceed to the Lower Bay anchorage. t
Jntil five o'clock the great marine gladiator was t
blowing off volumes of steam through her safety t
waives, with everything taut and trim for a voyage (
through the drenching rain down to the f
Southwest Spit; but no pilot camo, and no 1
tugboats, as promised, to convey her on her
Intricate passage. Abont that hour, however, .
Pilot Gillespie, the same officer who brought the i
frigate Into port, readied the Quarantine station In j
the tugboat Htarbuck, and called upon Health Oincer
Vanderpoei with the statement that he (Gillespie)
had been directed by tho Pilot commissioners
to report to the Health Officer for orders In reference
to the Numancla.
Dr. Vanderpoei at once replied that Commissioner
Blunt havlug assumed the responsibility of
stating that
In the Lower Bay for the frigate, he would
decline to order the vessel to sea unless the
pilot had instructions from the Commissioners
as to the location of such anchorage, or
unless the pilot would himself assume the responsibility
of selecting an anchorage and conveying
the vessel to It. As soon as some member
of the recognized navigators officially assigned
the place and furnished the pilot he would at once
order the Numancla to quit the Narrows and proceed
to the newly appointed berth. If Gillespie
was so Instructed ue would give the necessary orders
for her removal at once, but he would assume
no responsibility which he was not Justified in accepting.
Gillespie stated that he was entirely without any
definite instructions on the subject. He understood
that the Board of Pilot Commissioners had virtually
rescinded Commissioner Blunt's order for her removal,
or bad declined to take any action ratifying
It, and that he (Gillespie) could uot single-handed
ussume the responsibility of taking her down the
bay to an anchorage where dUMter might, In his
opinion, result to tne vessel.
Dr. Vanderpoei replied that under these circumstances
he could do nothlntr, and shortly afterward
Gillespie again went aboard his tug and proceeded
to the Numancla, lying about two miles distant, to
Inform her commander that
last night, and that he would communicate with
lilm again 011 the subject to-day. Having flulshert
this business, Gillespie returned to the
city, and, as a result, the Numancla
lies to-day where site was lying yesterday.
It Is understood that Commissioner Blunt suggested
two places in tho Lower Bay at which, in his opiuIon,
tne Numancla .might be anchored?Gravesend
Bay and the Southwest Spit. With reference to the
first of these Health Oincer Vanderpoei gave it as
his ODlulon that it was from a sunitarv point of _
view one of the moat dangerous places in the harbor,
for the reason that the tide setting Into the
bav would be likely to carry all refuse matter
thrown from the Infected vessel with It. In this
way every one of tne
who daily bathe at Coney Island and along the
shores of the bay would be subjected to the risk of
Infection by personal contact with tills refuse matter
in the water, and returning to New \ork and
Brooklyn might spread the dread disease in all
[Ijrectlons in the heart of these two as well asother
adjacent cities. Again, portions of this waste
matter drifted to the beach might be picked
up by fishermen, boatmen and others, and the
Infection thus communicated to the various parts
of Long Island. This was merely on opinion based
on possibilities, If not grave probabilities. The
other place the pilot condemned on two grounds?
flrst, because a northeast storm, a very probable
occurrence, would put the steamer to very great
risk at her moorings, as there are but thirty-five
feet of water there, presenting the alternative of
putting to sea or moving to ner former harbor, a
dangerous experiment without an experienced
pilot, who would be unwilling to expose himself by
residence aboard a lever ship.
Commissioner Blunt was not present at the
ofllces of the Pilot Hoard yesterday, and it was reported
that his absence was owing to illness.
Commissioner W. C. Thompson, who was present,
declined to accept the responsibility of selecting an
anchorage for the frigate, out he gave ,
to Pilot Gillespie, as follows:?"My opinion is that ,
the Numancla could be anchored safely in Craves- ;
end Bay, or moored three-quarters of a mile east of
Buoy No. 11, being at least one and a half mile
from the nearest point on Coney Island, where she .
would ride in safety. There is no other place where j
she would be safe except in the Southwest Spit, ,
where she might be moored In thirty-live feet In
low water, but would l?e much exposed in a heavy '
easterly gale." Gillespie had obtained this opinion
before visiting the Health Officer, but as It was ,
only an "opinion" and not an Instruction he could :
not avail himself of It.
In conversation with a Hkkai.d reporter the ;
Health Officer expressed nimseir indignantly at tlie
shirking conduct exhibited t>.v the rilot Commissioners.
He said"I am placed In charge of the
sanitary jurisdiction of the port of New York, and I r
am not cxpecteil to understand the navigation of
the bay and harbor. That In a separate and wholly
dlstluct profession from mine, and iny proper advisers
on the subject, If advice Is needed In urgent
cases, are the Pilot Commissioners and their agents
and officers, the pilots themselves. Thid frigate has
on board
Am I to jeopardize their live* by ordering the vessel
to an auchorage of the fitness of which I have
no knowledge whatever i Suppose I say to Gillespie,
'Take this vessel down and anchor her off the
Southwest Spit;' and after he has taken her there
Bhe Is driven on to a bar or bank by an easterly
Kale and capsized by careening. The fault of ordering
her to an unsare position would be mine. No.
sir. This is a responsibility which I am not expected
to assume, and It Is too grave a Bubjcct for me to
interfere in when 1 am not properly authorized to
do so. I am ready at any moment, out of deference
to the public anxiety on this question, to order the
Numancla to any place which the commissioners I
direct, or to any place which any duly licensed i
pilot is willing to point out and assume the responsibility
of taking tier to. I shall not shirk '
any of the legitimate duties of my post
uuu. ii ine iiiui commission snirk ineirs ;
the question lies between them and ;
the public. I will do this, however, with regard to '
the public Interests:?If the Commissioner)) do not
to-morrow (to-day) send me a properly Instructed
pilot I shall vlalt pllotboat No. 18, a vessel which I
know to have a crew of competent pilots on board,
and see If I can get a man from among them who
will undertake to locate the Nununcla in the Lower ,
In this position, therefore, the matter rested last '
night, nnu to-day will bring out the fact, probably,
whether the Numanda Is to remain In the Narrows
or not. The matter has served very strongly to
In the minds or the people that neither the Pilot
Commissioners nor tne pilots as a body know as ,
much as they should know atwwt the hydrography
nud topography of the bay, and thero will be a '
chance lor the next Legislature to give them ft <
shaking up on the subject.
There were no new eases or fever reported yeste r- ;
day from the Numancla or Aie three other yellow
fever vessels now In the bay, and the patients generally
are doing well.
Jos<? Hervet, previously reported as Joh6 Serrer,
an ordinary seaman of the Nnmancla's crew, died
at Ave o'clock yesterday morning at the West ltank '
Hospital. Hervet was admitted to the hoapltal on 1
the lath, and was twenty-three years of age. His ,
body was burled at seguln's Point yesterday. One
other man of the Numancla's crew was not ex- 1
pected to live during the night. 1
Drs. Vanderpoel and Mosncr express the belief <
that the disease has done Its worst, and that no
new e.isui will be dcvulODed fioui tuc vessels uyw
m port. 1
The Reign of Fashion Not To
Be Disputed.
rhe Most Brilliant Month of the
urana rear. ,
Saratoga, August le, 1872. |
No wonner the habftuca of Saratoga have unanlnously
voted this the moot brilliant season within ^
heir memory! No wonder the gossips cry out as (
rlth a single volco, "Good heavens, what a t
rash!" How so great a multitude can be t
tacked away In a place so small is one ?
if those problems that only the caterers (
>f the great caravansaries can happily solve. }
'lnio was, and that only last season, when the {
bilging hotel clerk, that fabulous creation of a r
[uuhlng fancy, would, with an imperturbable smile
,Dd an air of lofty commiseration, order you placed
a an elevator and shot to No. 009, first floor t
mdcr the roof. Now, one registers and a (
ittle Hllp of paper with the name of some villager ?
ml a numDer representing the room you are to
ccupy In the said villager's domicile is handed to 1
n ebony waiter, who, at an uncertain period of ?
he day. when he has leisure, will show you round. ?
Tie upper story of nearly every business place in t
he village has the shadow of one or the other of (
he great hotels resting upon it. Apartments of any t
:ind are at a premium, and telegraphic despatches J.
re received at intervals of a few minutes dnrlng t
ne enure uity, ordering rooms reserveu. n neu,
hen, In addition to the unprecedented rush during
he present month, the great influx or persona
lesirons of witnessing the races la taken Into conilderatlon
it la not difficult to form some adequate
dea of the state of atTalra here to-day.
Some of the scenes at the hotel offices are Intensely
comical. Imagine a pompous old gentleman
entering i lie door with a severe, almost fierce,
irlancc at those whom he may chance to encounter,
hut witn sufficient uncertainty in his step to show
that he is not quite at home, lie has a rubicund
lace and close trimmed white hair, and he
is plethoric, with "Rood fat capon lined." He
wears a fob chain, with heavy seals and broad gold
keys. Evidently in his place of residence, wherever
that may be, he is a man of great dignity, as he is
assuredly of great weight anywhere. Here, however,
people who catch his eye return his glance
with tlie same gall and vinegar he has managed
to express, or oftener treat him with half-conscious
IndliTerence, so that by the time he finds
himself standing at the counter waiting the pleasure
of the clerk he has experienced more humiliation
and descended to a lower level in his self-appreciation
than he would have believed possible,
with what an humble air he communicates to
the nonchalant clerk his modest desire to
secure a room I How aghast he looks
when Informed that in all that great
pile there Is no space he can obtain even for half
in hour, if only to change his soiled, travel-stained
kpparel for something In which he will be more
presentable! And now limp and disheartened
lie appears as with head bowed down
lie follows a dusky guide to some remote
"cottage"' or up a narrow staircase
to the second floor back, over a druggist's,
grocer's or shoemaker's. Such scenes are of constant
occurrence, and prove that even Saratoga,
with all its dissipation and gaudy dlsplav, teaches
here and there a healthy lesson of humility.
are always in order here, but are particularly plentiful
just before the races especially, when, as was
the case last night, there are hops at half the
hotels. Down the shadows of the street they weut
Hitting all through the evening, appearing here
and disappearing there, till in the constant evolutions
of color from the swaying drapery of ,
every hue that caught the lamplight, they appeared
like fragments In a great kaleidoscope. Hetween
Congress Hall and the Crand Union, the
piazzas of which were bathed In brilliant ]
light, they passed In endless procession, J
and In every description of neglige or elab- ,
irate toilets. It Is one of tlie peculiarities of
the place that ladles Heem to imagine it is not at all
necessary for them to be attended anywhere,
either In the day or evening, and they run about
irtt h the most perfect freedom and abandon. Were .
they aware of the character of not it few of the :
elegantly dressed men they meet upon the promenade
here this week, the fair crcatures now so conBdlng
and unsuspicious would certainlv be over- 1
whelmed by a temerity as marked as Is their present ]
Sitting upon the balcony of one of the hotels last
light, as the endless processions of fashion surged
>y, one familiar with the famous among Gotham's *
haracters could hardly repress a laugh at the 1
nanner in which they from time to time t
ame to he mixed up in the multitude. In .
lo<e proximity to a broker would olten appear ,
lie face of the confidence operator, or u pickpocket .
vonld stand leering over the shoulder or a member >
>f the Legislature from the Manhattan districts. ,
Vorse thau ell, pretty girls, innocent of everything
lave the gayetv of the place, passed continually In
;he neighborhood of a group which they
egarded with undisguised Interest. the
central figure of the gathering evidently
?lng an approach tQ their lilcal lii fiinire. Tins j
nan, who comes here to spend his Ill-gotten galus,
s the notorious proprietor of a New York bagnio,
t is well when these characters are strewn
ibout promiscuously and on every hand
hat the eye of the observer can from
ime to time light upon the blonde mustache
>r black side whiskers of one or two famous Central
)fflce detectives, to say nothing of brave Flill Farey,
who looks about for ramillar faces lrom habit,
mvlng been here some days with Mrs. Farley at
he springs.
commodore Vandevbilt. who generally attracts
he lion's share of curiosity and attention, had to
11 vide the honors in the evenlug with Senator Doollttle,
oi Wisconsin.
r.uriy hub inuruniK crowni 01 i.mien uuu uruiicmen
wore at the springs, the largest gathering. as 1
usual, being about the Congress; and many were '
I lie remarks made In deprecation or the threaten*
Ing aspect of the sky, which gave unequivocal
signs of ruining the sport on the race course.
In fact, a fine drizzling rain began at about ltalfl>nst
eight o'clock, and at ten the races of (lie d;iy
ivere authoritativelypostponed till Saturday. Fashion
reigns, and Mr. John Morrlssey, who has great
respect for the ladles' toilets, will pertinaciously Insist
upon a fair day to a good track.
ast nlirht was brisk, and this morning parties congregated
in the Club House wore u gloomy air and
.'xpressed roundly their dissatisfaction at the conluct
of the waterman. j
rhe Ambuali Villains Still at Large?
Wfbilrr'n Critical Condition?Seventeen !
Buckshot In His Body.
POTTSVILLE, Pa., August 10, 18*2. 1
Tne would-be assassins of George W. Davis, John
Webster and four other miners, who were llrcd
ipon from ambush at Centralia on the 14th, are still
it large, and no clue has been obtained to their
dcntlty and whereabouts.
Webster, who had been left for doad, was found j
<evernl hours afterwards still alive, but in a critical
condition. lie was fired upon seven tiiflc.i, &ud has
seventeen biicVsnol In nl* boa/.
Bhidokton, N. J., August 16, 187-2.
An affray occurred yesterday at E. Davis .V Son's
Hotel In this place while the excursion party of the
Fame Hose Company, of Wilmington, Del., was at
llnner. A man named Sweeney had a difficulty
?ith a waiter of the hotel, when George Davis, one
it the proprietors, Interfered and was struck by
Sweeney, receiving Injuries from which he died
ast night. Sweeney was arrested.
Philadelphia, August 10,1872.
The Mineral of Commodore William II. Macomb
took place yesterday afternoon, and was attended
j) a large number of naval and military officers.
Chicago, August 10,187'2.
The Davenport Board of Trade, at a meeting yesterday
afternoon, appointed a committee to act In
injunction with a committee appointed by the
City Council to receive and entertain the Hoard of
rrade, merchants and other prominent gentlemen
if Cincinnati, who aro to visit this clt> atwut the
20th of this mouth.
Nathan Ring and Edward T. Cox, the private detectives
who procured from Mrs. Mary Bergen, of <
1,002 Atlantic street, Brooklyn, Jewelry of the value
of $1,000, under pretence that they desired to have
It In their possession for safe keeping, were taken
before Justice Hogan at the Tombs, yesterday, and
committed for trial In default of $1,000 bull each.
King stated that he did not know how the property
was ttiKcn from the bate ana Cox said he hail
"nothing to ear*''
The Day of Fl|k(lB? Soon to Be
An Ia?ld?nt or Two Connected With
the "Little DlAealtjr."
The Interest in the sporting world continues unabated
in the matter of the Mace-O'Baldwin light
?nd at the headquarters where intelligence can be
obtained regarding the movements of the pugilists
ind the progress of the arrangements for
the final settlement of the little difficulty, there
ire frequent inquiries of what has been done and
when the meeting In the ring will really take place,
it Is certain that the backer of Mace Is desirous of
laving the matter of which Is the better man setled
at oace, and the Job got off his
lands. To this end he has been workng
zealously since hla retnrn to the city,
ind last evening It looked as if the
itakeholder or his representative In Philadelphia
vould to-day name the locality where the pugilists
ire to meet. According to the rules of the prize
ing, In case of Interference by the authorities, this
nust be within a week after the original day set
lown for the encounter, and thus but little time
an be lost in the mapping out of preliminaries.
Accessary secrecy will this time be maintained as
o the location, and should this resolve be fully carled
out the fight will take place.
Mace went to the Highlands yesterday morning
md at once settled down to the old work required
o keep him in tlx. He was weighed upon reading
his quarters and found to be about the same in
ivolrdupois as on Thursday morning at Ralttmore.
There were many amusing Incidents connected
vlth the short sojourn of the sports and their hangirs
on in Baltimore. Home of the residents
if the Monumental City were glad to
ake them by the hand, and were boiling
iver with eagerness to witness the bruisers nt
heir bloody work, while others shrank from their
iresence, and on Calvert, Baltimore and Fayette
itreets would crosn over oil tne otner mac rather
han meet them, and more than a score indignant
esldents were heard to exclaim, "That's one of
he* buffers." Daring the morning of Wednesday
leveral of the respectable sporting lads that did uot
ivlsh to Ball down the Chesapeake Hay In company
Yith the rougn gangs that Intended to take passage
in the regular boats, sent two or three rellabla
nen out In the Patapsco Klver, where numerous
tugboats were putting up and down, with a view of
bartering one of them for "a little fishing excursion."
Throe hours were passed on the river In a
small boat under a terrific brain-boiling sun, but
the charter party were unsuccessful. The captains
[>f all the boats "tumbled to" the "fishing excursion,"
and one old veteran In the service, alter lie
had been stopped by the lads w#o wished to charter
lilra, yelled in perfect rage,
"What I Charter my boat t No, sir, not you, nor
any of your gang of New York pickpocket thieves
can get It."
The tugboat chase was continued after this little
Incident, but with less hopes of success, and at
last was abandoned In despair, although the men
sent alter the vessel arc not easily discouraged.
Yesterday afternoon there stalked Into the place
of business uptown of a noted first class sporting
gentleman a quiet looking man, decently attired,
carrying In his hand a carpet-bag big enough to
liold clothes sufficient for a journey to the Pacific
and return. Gently tossing It into a corner lie
isked for the proprietor, and being pointed out to
liim, quietly approached and whispering in his ear,
the man of the carpet-bag said:?
"I belong in , Massachusetts, sir; I never
aw a prize fight, and I went down to Baltimore to
see Mace and O'Baldwin have It out. Can't you
tell me when they will fight f"
Proprietor (laughing)?Why, I don't know anything
about it.
Visitor?Oh, here, now, come, tell a fellow. I
cvant to see tbls thing, and when I came away I
took $55 with me; have only got $10 left; will that
lie enough to go to the fighting place V
Proprietor?Why, I can't tell you.
Visitor?They said you knew, and if you'll only
let mo know I'll stay around here until it cornea off.
Proprietor (alarmed and looking at the carpetbag
big as a trunk) ?Why, I have heard they may
aro to New Orleans.
Visitor?How much will that cost ?
Proprietor?Oh, some four hundred or Ave hundred
Visitor (sadly)?Then my $10 will have a poor
Proprietor?I should say so.
Visitor?Well, come; do tell a fellow, won't you?
Kow, what would you recommend me to do? Had
I better stay here or go home?
Proprietor?Oh, you want advice. Well, just
take that little carpet bag of yours. Jump into a
Urand Union depot car, and go to Boston on the
first train. It's the best place for you.
Visitor rcocitatincr a moment!?i'll do it: and
he clutched his carpet bag and nailed out of the
place, us 11 Impelled by a battering rum, no doubt
mentally resolving that lie had been a big fool. It
Is safe to say that the Massachusetts man won't bo
itt the fight.
Pugilistic Eunraioniiti Disappointed.
Fortress Monroe, August 16, 1872.
Fire steamtugs and two schooners, with passengers,
assembled at Cone Klver, Westmoreland
:ounty, near the mouth of the Potomac, to witness
he light between Mace ond O'lialdwin yesterday,
>nt, after waiting until nearly noon they reuctantly
left the scenc for their respective homes,
utensely disgusted >vith the principals. About live
lundred persons were In attendance from Xorlolk,
Ucliuioud, Alexandria and Washington.
Fatal Result of a Batchers* Q,u*i-rel at
Mill town, Mliiillfitx County?Verdict ot
the Coroner's Jury.
At Mllltown, a village In Middlesex county, near
Sew Brunswick, N. J., a fatal airray took
place a few days ago which has occa'iouod
considerable commotion in the surrounding
country. It appears that on Monday
night last, towards midnight one Louis B. Stark, a
resident of the village, and a German by birth,
jot into au altercation with a countryman
named Mathias Wurtzlle, also of Mllltown, a
butcher by occupation, during which the former
sustained injuries from which he died
on Wednesday afternoon. An inquest was
commenced on Thursday before Justice Dobbs, of
Kast New Brunswick, the Jury being selected from
the following:?James C. Edmonds, foreman; John
IlolTer, Israel Lutes, Henry Labar, Samuel A. Bell,
Okcy van ilise, Anthony Scott, George King, John
Christ, Conrad Sebolt, John Fisher, John Arms,
George ltec<ler, Samuel It. DeHart, Jacob s. DeHart,"
Philip Kuhlthau, John Wagner, George Uoffer,
Wilson llousell, Charles 11. Reed.
Dr. George J. Janeway, the physician first summoned
to attend the dying man, gave a description
of his condition. The man's death, in bis opinion,
was caused by Injuries recently sustained; that Is,
the Injuries were the immediate cause, though
tlio chronic Inflammation would have caused his
death eventually; the inlurles hastened his death;
in witness' opinion the injuries could havo been
sustained by calling from a window; there were
external marks upon Ills back; there was
some swelling on the small of his back but no
discoloration of his skin; there were no external
marks of recent injuries, and don't think they could
have been produced by tielng knocked down and
lumped upon. To Justice Dobbs?Asked deceased
If he knew bow he had been hurt; understood
him to say that he was knocked down in the road:
nsked tbe CftUfl'j Of the s^vellloe of the bowels, and
some one iu lac room said lie waS jumped npon on
l>r. c. H. Voorhees corroborated the testimony of
hlH brother physician. He doubted very much If
rteatli would have been caused by the Injuries received
but for deceased's chronic disease. The Injuries
hastened death, witness thought.
Philip Schlosser sworn In?Saw .Stark on Tuesday
morning, when Stark told him that the one who
Injured him would have to pay for It;
ho said It was Mathles who did It,
he thought; he had knocked him down,
Louis said. This witness said there was another
Mathles living in Milltown. Yesterday conHlderalite
more evidence was taken showing that there
were others engaged In the quarrel than Wurtghe
and stark.
After all the evidence was In the Jury duly deliberated
and found a verdict as follows:?"That
Loul* O. stark came to his death by Injuries received
Oil the night of the 12th of August, and that
Mathles Wurgthc was accessory to his death.'1 The
accused person Is now safely lodged In the New
Hrunswick Jail, to await the action of the (Jraud
Jury, other arrests may follow.
Coroner Keenan lias deferred the Inquiry into the
murder of Catharine Klanlgan, of 4?ft Fast Seventeenth
street, by her husband, Mark?full details of
which appeared In yesterday's Herald?until he
can Inquire more Cully Into the mental condition of
the murderer. The circumstances lead hlin to believe
that Klanlffan Is a lunatic, and he liud requested
the medical staff of Bellevue Hospital,
where the prisoner Is confined, to examine him as
to his Itisunlty. Until their report la made no Inquest
will be held.
Tho body of James llynes, captain of a schooner,
was found In the North Hlver, oir Hoboken, yesterday.
It Is supposed that he fell asleep on the poop
and when ayaklng became conflicted and tumbled
ovcrlionril. 1I?' resided at Port nwen, N. v.. where
he leaves a wife and family, Tho i.cly is now In
charge of CoroiicT l'ur.ilow at llobokvit
An Manning Accident to a Sound
Steamer Below Whitestone.
Narrow Eacape of 800 Paasengera-Heroic Action
of the Engineer?BMcnt by
the D. E. Martin.
The favorite Sound steamer Seawanaka la 4la- ,
abled for the rest of the season. Her saloon
upper works are completely torn oat, and it to ouij^
by tbe mercy of God and the presence of mi^ of
tbe engineer, Edward MeekB, tbat the Hmild la *
saved the painful duty of to-day recording another,
disaster similar to that of the Westfleld. The Seawunaka
was a companion steamer to the Arrowsmith,
and piled daily between New York and Koslyn,
L. I., taking in Wbitestone, Bay lis' Dock, Great'
Neck, Sands' Point, Glen Cove, Mott's Dock and Glenwood
and Roslyn on the way. She started daily at
four P. M. from pier 24 East River, and daring the^
Summer months she has taken up from tbree to
Ave hundred persons every afternoon for the several
places along the Sound between this city and.
her destination. The Arrownmlth has taken the.
morning trips up, carrying the chief part of the,
freight required for those places, and returning,
from Glen Cove about four o'clock in the afternoon.
The Seawanaka returned the following morning,
leaving Itoslyn at 6:45 A.M., with transient passengers
for the city. It will thus be seen that the
Seawanaka was a favorite and always bore a precious
freight of human souls, night and morning.
Yesterday, while our city merchants anil business
men were sipping their coffee or reading th?
Herald, or, perhaps, riding down town to their
stores 01? counting rooms, liitlc thinking that there
was but a step between some of their frienug au<l
death, the seawanaka,
a l1tti.e behind time \
on her cityward trip, was pressing her way along
I from poiut to point to get to her dock in good sea|
son and to maintain her reputation among her
| patrons as a last sailer. She had left Whitest one,
| her last calling place, and was between that village
and Rlker's Inland and nearly opposite West
Farms, with about three hundred passengers on
board, when a hissing sound was heard as of steam
escaping; then a crash, and flying pieces of wood
and iron aroused the passeflgers from their mirth
and their morning meditations over the latest political
bulletins and warned thern that danger was
near, and iu a moment they might every one be
hurried Into eternity. The horrors of the Westfield
disaster passed like a mirage before their
minds, and every man ran hither and
thither to escape the falling debris which
might crush him In an instant. The Intense
anxiety of tho moment was heightened by
the dense cloud of steam and smoke which covered
the deck and hid from their view the real condition
of the boat and their own real danger. Fortunately
there were comparatively few ladles on t?oard, and
these were promptly cared for by the gentlemen.
Some of the most excited of both sexes run at once
to secure life preservers, and in the midst of the
confusion a crash was heard, and the large mirror
standing at the end or
and the saloon dock was forced apart by the steam,
giant, who sought this war of escape for himself.
Having secured the Hie preservers it was with
great difficulty that Captain l'ost and some of 1:1s
men could restrain and persuade them not to jump
overboard. It Is said that in the excitement some
of the ladles leaped from the upper to the lower
deck, and many gentlemen lost their hats and
satchels overboard. Two or three elderly gentlemen
fainted when the confusion was at its height;
and one bewildered passenger deliberately detnchofl
n volnahlo itaM urot(*h fvmn ltd r?linin anrV
threw it into the water.
The engineer, Mr. Edward Meeks, owl Mr. Benjamin
Hicks, one of the director*) of the steamboat
company, were slttlug In the emrlne room at the
time or the accident, and were botli thrown violently
through the door upon the deck of the vessel
by the shock of the falling piston.
The engineer, on regaining his feet, at once became
conscious of the Imminent danger of an explosion,
and with great presence of mind rushed
back into the room, opened the valve* and allowed
the steam to escape. By this timely precaution a
terrible disaster was averted. Mr. Meek* Immediately
thereafter ran on deck and assured the puisengcrs
that there was no further cause for alarm,
as an explosion was impossible.
cause op the accident.
Inquiries wero then set on foot to account for the
accldcnt. when It was ascertained that It was
caused by the breaking of the belting by which the
plsron rod was attached to the walking beam,
thereby letting the piston rod fall with great force
upon the cylinder, crushing it badly, and so allowing
the steam to escape. It Is reported by some
persons who were on board that the piston rod
Snapped off also. The main crank was also torn
and twisted ont of shape and broken in several
places. The damage to the vessel was confined
principally to the machinery, and the upper saloon
aud the hull received but slight Injury. She will
not, however, be able, It Is said, to resume her trips
this season.
"dftunaiely for the passengers they had uot long
to remain on the wreck. The steamer D. It.
Martin, which runs dally between New York and
Bayville, was passing at the time, and her captain
promptly came to the rescue and took off the Seawanaka's
passengers aud brought them in safety
to this cltv and landed them at the Seawanaka"*
pier, foot of Fecit slip. Not one was In the least degree
Injured, so lar us could be ascertained.
Among the prominent and
the Seawanaka at the time of the accident were
Scuor Roberts, the .Spanish Minister, who Is residing
at Great Neck: Mr. Pouvert, of the name place;
Charles A. Dana, rroin Sand's Point; Mr. Harbour,
from fllen (,'ove; ex-Mayor Ilavemcyer and his
son, Mr. Kd. Morgan and Mr. Mitchell and
others from the villages along the Sound. The passengers,
thankful for the deliverance, and appreciating
the prcsencc of mind and prompt action
of the englueer of the Seawanaka, whereby they
escaped a terrible death, made up a purse of ?600 for
him. It Is said that had lie delayed but halt a minute
the boiler would have burst, and the passengers
would have been blown Into the air and Into the
water, and most of them undoubtedly would liavo
perished. The steamer Neveslnk has taken lha
Seawanaka's place for the balance of the season.
The latter will go Into the dry dock for a thorough
overhauling and repairing, and next Spring will be
ready to resume her place on this line.
About Ave minutes after the explosion the J. D.
Martin came up with the Injured vessel on the port
Bide, and lu less than five minutes all the passengers
were transferred, and the Seawanhaka shortly
after ten was taken in tow by a tug. She arrived
at eleven o'clock at the foot of Tenth street, and
occupied a berth ou the south side of the dock outside
the coasting steamer Perry. As toon as prao
Ucablo all hatid* were ordered to
and hoisting tackle was soon placed In position.
The reporter found a large vacuum In the cylinder,
which measures fifty inches, with a ten feet stroke.
It was crackcd in several long scams, and tha
broken pieces of the piston rod head and
large part of the side had fUlleu to tha
bottom. It seems that the strap of tha
connoctlng rod had snapped on the forward
side, and lieen dashed wltn considerable violence
against the panelling of the engine room, AhattCN
Ing a large mirror on the reverse side and scattering
the broken glass over the saloon for a distance
of several feet. The broken strap rebounded
I rrom ttic panelling nnn lay on tnc upper framework
between the deck and the walking beam.
Proceeding further forward the reporter found U19
in a completely wrecked condition, the two links
being broken and tho Are plate smushed in several
placed. In fact, all the castings were broken, with
the exception of the Are plate, and wer?
It not for the presence of inlnd or
the chief engineer, who let off steam
from the safety valves at. Imminent risk and
threw the engine out of gear, the piston rod actios
under the momentum of a speed of eighteen knot*
an hour, might have crashed through into the
boiler and caused an escape of scalding steam.
done could not be calc dated at present with much
certainty, but as all cho valuable castings are so
damaged as to l>e worth nothing more than their
weight In old Iron at least $;2ft,o00 must be expended
to put this splendid and powerful vessel la
working order.
was erroneously attributed, on the first IntellU
gence reaching the city, to the breaking of the
belting by which the piston rod was attached to
the working beam. On the contrary, as before
stated, the crash wns due to the giving away of th?
connecting rod at :he other end. thereby allowing
the piston-rod 10 come wiih full lorce Into ttift
cylinder, and as no resisting power was oxerted
by the crank, the head crushed through, tore away
tho bottom of the cylinder and sunk into the condenser.
broke the air pumps, and It waa the steam from
them and the opened safety valves that caused
the report, which spread such consternation, thai
the boiler had burst. After a good deal of exertion
and considerable strain on the hoisting tackle th?
pieces of the coatings were hoisted on deck, where*

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