The New York herald. [volume], June 12, 1875, Page 11, Image 11

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

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TIIE COURTS.
Curious Revelations in llie Wisbart Ha
beas Corpus Proceedings.
INTERESTING LIFE INSURANCE CASE.
Further Illustrations of the Comp
troller's Contumacy.
A negro went before Commissioner Betts re3- J
torduy &ud asked him to lssuo a warrant against j
a party who, be Haul, bad refused to aril him a
plate of ice cream. The Commissioner did no:
entertain the cane, stating that it did Dot come
within toe provisions of the Civil Rights bill.
Judge Brady, in .Supreme Court, Chambers,
granted a temporary lnjuactton yesterday hgaiust
the proprietors of the Hochery Clinton Garden,
restraining them from giving further perform*
gucos until the payment of their licence fee.
The suit of Lugtne A. Heath against Theodore
P. Austin, which liad neon on trial for' several
days past belore Judge Kreodman, in superior
Court, Part 1, was lermlnatcd yesterday by a
verdiet lor the defendant. The uctlon whs brought
to recover 10,000 shares of the Heath & Smith
Manufacturing Company. The connscl set up
that the shares had been given la trust, to the de
fendant to secure certain" claims ugiiinst the com
pany.
THE WISH ART HABEAS CORPUS CASE.
The examination iu the oaao ot Hubert Ii. Wish
art, held for extradition on a charge of forgery,
was resumed yesterday before Judge Davis in the
Court of Oyer Terminer. Quite u number of wit
nesses were examined, tho prisoner being repre
sented by Mr. Charles W. Brooke, and the prose
cution by Assistant District Attorneys Rollins and
.Lyon.
Captain Irving testified that ne lound Ullt in
CermanUnvn, near Flilladelphia; lie went there
aocompanled by Detectives Doyle, Hillock, Duscn
Vury and two others; he arrested liilt, but was
not permitted to tako him uwuy; lint jras held to
Tjall by a United states Commissioner in Philadel
phia; alter ward he wus Bubputuaed to attend a
Case against Iillt in Philadelphia on a charge of
tforKery: this wus about tbo 25tli of November,
1674; aid not ad visa Wisbart to complain 01
Batcheler, alias illit, to the United States authori
ties, charging him with forging United states
bonds, United States currency or New York
Central Uailroad bonds; detailed several
taea from the detective olTloe to watch the
oillce of Hilt, ut No. 38 New street; tlier searched
tils office subsequently and found forged United
States and New York Central and Hudson River
Railroad bonds and lorged fifty-cent currency
?tamps to the amount of fK.ooo; they ? ere hid
den under the carpet; a copper plate was also
riund lu one of the drawers of a desk la the room;
ad known Wisnart about throe years, an<l Had
"during tuat time never heard uuytning derogatory
to bis character.
Superintendent Y> ailing testified tlut ne was In
formed iu November last that there were spurious
United States bonds being put upon the market,
and that a charge was mado ut lii? ofllee that J.
F.. Batcheler was forging railroad bonds In New
street, in this my; search was made and lorged
bonds lound in his otllce, No. 48 New street; the
Witness was informed by Captain Irving that the
Inan Batcneler was Ullt. at:d that he was In I'niia
dclpuia; living was given lnsiruclious to work up
the case.
Wtshart'a counsel offered In evidence an indict
ment against Hilt found in the Uultea States
C<>urt at Wiiladelphla, charging him withiorglng
a United States bond lor (ft,000.
Detective silleok swore triat in 1874 he watched
the oillce of Hilt, alias Bafchcler, and Anally on
searching it lound railroad and United Slates
bonds, some of w hich were concealed under thJ
carpet; he aiso went witn the other oftlcers to
Philadelphia to arrest Hilt, and found him in bed
?nd took him into custody; but was not permitted
to take tilrn away, ho being held by the United
Mates Commissioner to answer a charge of ior
gery.
omcer Thomas Doyle testified that he was in the
compuny of the preceding witness when the office
of liilt, alias BatctielcT. was-earched; thty found
$;iu,000 or $40,000 lu United States and railroad
bonds, and a plate ior printing tlity ccnt currency
notes; he was detailed to wateh Hilt, oil as J. t*
?Batcheler.
Commissioner Shields testified that George F.
Hilt, alias Batcheler, signed a bond under an in
dictment against G. F. Ullt a? George F. Dill and
principal In such lndiotment.
Detective Dusenbury testified that lie knew
both Wisbart and Ullt, and that f.e was detailed
with other officers in 1874 to search the oiflee of
J. L. Batcheler A Co., No. 48 New street, sod on
that occasion liilt represented Himself as Batch
eler, and witness identified him a., a man he had
oiten seen in Wall street in company with Jack
Cantor, the noted forger, now iu Mate Prison.
, The janitor of the building in which Hilt's, alia*
Batcbelcr's, ofllee was, testified to Mis (UlU's) hav
ing applied to him to rent the otllce; he then gave
tils name as BatobeMr, bat was uhnuic to give any
reference, but this waa compromised by the pay
ment of three months' rent in advance.
Iloraeo lYindie, formerly Vice iTesldent of the
fleiunet People's Insurance Company, of Philadel
phia. was sworn lu behalf of Ullt, alias Batoheier.
lie testified that he knew Wisbart under the name
of itatcheler. On cross-examiiiailon lie further
Unfilled that be borrowed from James A. (law, 01
Philadelphia, a large amount of bonds, over $20,000
vrortu, or which some were l ulled Mates bonds,lor
th* purpose of exhibiting the us^cts of the coapany
when the Insurance Kxamincr ol the Mate called
to male an examination ol the afTatrs of the com
pany ; lie borrowed these bonds ior .nt day and for
the loan paid between f 't.oooand $fl,ooo; he was re
ferred to Gaw uy (ieorge K. Ilolim>old, who pur
ported to be a broker and published an Insurance
journal be did not k?ow tne bonds were raised;
the President of the wltnesa' company was D.
Rodney King, end the loan was negotiated under
bis direction.
Several messenger boys testlfled that tbey bad
been often at the office of I'.atchclcr A Ce. and
never saw any one tnere but Wisbart; on one oo
casion one ol the boys Heard some oue In the ofllee
address mm as Batcheler. Lout* Wi'neim, a clerk
in the Safeguard Insurance company, testified
(bar he came to New lork on ono occasion with
Tlilt and met wisbart, who was introduced to him
a? Batcheler and answered to that name; he also
?w him several tlwe* sinco, and addressed bim
*s Batcheler; on cross-examination he testified
that when be first formed me acquaintance of
Ullt both were members of th* same Hible class.
George r. Hilt testified that he wh9 lorm rly
Becret-ary or the Safeguard inaur^oco Company,
and was lirst introduced to Wisiiait by ihe name
of George F. Hilt (his own name) and tint he
ennsequently knuw him as Batcheicr. The wit
ness denied that he ever hail an oillce in New
jstreet, and never went Mr the name or Batcheicr.
Oil twtiag cross-cxamined be slated tuat $100,ooo
or the capital o; the safeguard in-ursn e com
nany was paid up, but could only give items of
"bsaets for $3J,ooo; he had stock to tho amount of
$16,000 In tne company; ho boriowed United
States stocks to the amount of $ioo,nuo irom Gaw
to increase the capital of the company, although
ai the timo or such loan the assets of the com
pany were a fraction more than us liabilities; ne
aitrend to pay tiaw Ave per cent p?r annum for
the loan, tho latter retaining the coupons; he was
to give no security ior tho bonds, but they were
to be ?ub|ect to the control of Gaw In the hands
era third party. Whsu he got possession of
them lie retained them, but Gaw subsequently
borrowed fw.noo of the amount to lend to i'rlndle,
of the People's Insurnnue Company, for u dav;
Caw refused to give these bsok and Wishart and
a man named Davis, alias Stevens, went to him
iMlit) and said ho could get ihom back by paying
97.0U0, which ne aid aud obtained tnem; subse
quently W Ishart ii|(reed to larnlsh stock ol the
Chicago and Northwestern railroad company in
substitution of tiaw'a bonds; the neg??>iation
abont these, as well as the transier of the Gaw
bonds, was In af house of Prostitution, In which
one or the parties to the transaction (Stevens)
lived or frequented; he did not know that the
bonds were lorged or altered until tbey were
taken possession of by tne United s-.ates authori
ties.
' The farther examination was adjourned until
Thursday next.
V-tlEDICT AGAINST AN INSURANCE
COMPANY.
in Superior Conrt, Fart 2, before /edge Monoll
and a jury, Hu?an K. Wright broOffet Butt against
the Equitable Lire Insurance company to recover
fi.fxjo, the amount or a polity on the life of ber
TiuBband, wuieb the company had reinsert to par.
on the ground that the premium* had not been
paid accoMlnn to the requirement!) of the policy.
The plaintiff claimed that when the policy was
taken out there was a verbal aRr?emont with the
spent of ihe company thai t*e premium wan to tie
l>ald on demand at the resiuoiiee of tne Insured,
tint that tne agent never called lor the m >ner,
and, therefore, the premium remained unpHt*.
'Jhe company made reply that they were nut
responsible for t'.io acts ?tiielr agent?, and what
waadone by htm *n? done without Hitihorl'v. The
Jury, after a abort deliberation, rendered a ver
mct: for tbe plaintiff for fSM ai, with interest and
(iuets.
VERDICTS ? AGAINST Tib: CITY.
In the Conrt or common Pleas, before Judge J.
F. Daly, seven ?ults were held yesterday for
claims anlnst the city by rartoiu officers or tbe
Boards or Aidermon end A?<d?tatit Aldermen in
1172. The two Board* had raised tke Salaries of
V*U rtepcctifc QflUftu. una tu? Additions 09m- i
pensatlen demanded unuer suck increase of pay
wan refused payment by tbe Comptroller on the
K>ound Hi at It was illegal. Judge Daly overruled
the defence, and directed verdicts (or the various
sQitort (or tbe amount* claimed, an follows
Jauos McNeu.ouy, $S*1; J. )). Murruly,
Jaincs WaiaU, rternhard II. Martin, fl"4;
Mark Thomas, conai?ntltn> I>opolio, f?tt,
and Patrick Held, f873. The plaintiff* were rep
relented by Mr. William f. McNmnara .ma tie city
by Aijwtaut Corporation Counsel D. J. Oeau.
marine Court?rART 1.
Before Judge Alkor.
* A VEBD1CT IN FAVOB OF TH\ CTTY.
Oreggy vs. The Mayor, Ac.?TbH was an action
brought t>y a, carman against the corporation to
recover the value of a horse and medical treat
ment to tbe animal, injured by falling Into a man
hole, which the plaintiff claimed was left open
through the negligence ol the defendant's officers,
lie tostifles that on a morning in November last
he.was proceeding to his work, driving a team of
horses an>i using proper precautions against acci
dent, as ho turned from Kleventh street into
Greenwich, tno oil forefoot of ouo ot Ills team
went down into a manholo between t?o railroad
track and curb, which had been left uncovered;
that Die other horse palled ?blm out, when both ,
tuud leei went down, so injuring him that alter 1
eight weeks' treatment he was pronounced lucur
anie aud sold for $5. The Uorse's value is set at
I if36) aud $ioo claimed for the attendance of
1 veterinary surgeon. Tho plaintiff's son, wiio waa
l on the truck with him. corroborated Ills evidence
os to proper look-out being kept. On the part of
i the defence the circumstance uuder which the
! c?ver wus broken were ahowu aud the diligence
used in repairing It; that it was broken one uf
ternoon and repaired about nowu next day, aud
i that in the meantime about a d' /,"U barrel were
used by the police officers on duty to close the ,
aperture, a new one being obtained as the old one ,
was destroyed. Tho more Important evidence,
however, was that of a carman, who stood on the
corner, aud a cigar dealer, who testified posi
tively that as the plaintiff approached he was not
looking forward, but was turned aside, seemingly
occupied with somo matter on his truck ami that ;
the lines were lying over the seat. Judge Alker
cautioned the jury against the prejudice which
was often manifested toward corporations in uc- ;
Hons at law. and charged tne^i that if tbe plain- \
tiff was wholly iree from negligence be was en- i
titled to recover, but that, li he failed to exorcise
tfcat care which was called f<>r lu tbe driver of a
vehicle, and especially through the crowded 1
stroets of tins city, and thereby contributed to
the accident, a recovery could not be had. Tho
jury rendeied a verdict in favor of tlio defendant.
DECISIONS.
? SOTRBMT: OO0BT?OHAMBEB&
By .fudge Lawrence.
Wright vs. Wright ec al?Motion for leave to
ameud complaint is granted.
Hayles v<. Kiorsted; Klersted vs. Bayles-.?Mem
orautiums lor counsel.
Marstera vs. Delancy?I shall not disturb tbe
judgment entered in tills case.
.sclwlly vb. Dluhl.?Jioiiou for a bill of particu
j lars is denied, with $10 costs. .
Anderson vs. Anderson.?Report of reloree con
firmed and judgment or divorce granted to tbe
| plaintiff.
The Nassau nank vs. Cowlea and Another.?If
couusei desire to withdraw the application in this
case tbe papers can be obtained from the Clerk in
Circuit, Part 2.
Whalen vs. Hurke. ?The case must be sent back
to the retereo for a speciUc finding as to the value
of the alleged extra work, and n irom the evidence
said value cannot be determined, the case should
be reneard befure tbo rel'crtjp.
Hart vs. Petit.?The defendants, Murphv A Xes
bit, may serve the amended bill of particulars on
payment of $m costs of mutlon to the plaintiff
and on condition that they ?erve salu aineuued
bill within five days irom this datn. So postpone
ment or the trial to be had Uelorc tbe reteroc on
account of tins order.
cntue vs. Farntiam.?Thc commissioner to whom
the first commission was issued was so negligent
in executing it that I do not deem it proper to
send tne commission hack to him in the lace of the
defendant's objections. A commission may be
Issued to a new commissioner it the piauifiir de
sires It, iu which commissmii tbe defendant may
Join.
SCPEBIOB COURT?SPECIAL TERM.
By Judge spolr.
I , Crslg vs. Nyo; Olenny vs. World Mutual Life
i Insurance Compauy.?Orders grauted.
lloiorook, receiver, Ac., vs. Orgler, &c.?Motion
granted on payment 0/ f 10 costs.
Parker vs. Harrison et al.?Ordered that the
puiat d Die security lor costs. Ordor to w? settled
on notice.
Lawrence et al., vs. Cabot et aL?Case and
amendments settled.
Lustig v*. Lustig.?Motion to panlsb for contempt
denied. Morion ta.it tbis case be set down for
trial this teriu denied. In tois case tbe uavinent
of alimony may be suspended uutll tbe action is
tried, li it be desired by tbe parties to have a
speedy determination of tti? action they can con
sent to au order 01 reference.
CO KM OK PLEAS?SPECIAL TERM.
By Judge I.oew.
Commitifs vs. Timbermaun Tbo motion Is
costs ^ bUt undtir tu? circumstanccs without
Lincoln -vs. Burton.?Motion denied without
Costs. See memorandum. .
Root et al.. vs. Guge.?Motion granted.
Jacobs vs. Lichtenstein.?Application granted.
Jarviset al., vs. Lttigg* et al.?Motion to piaco
cause on special calendar of short causas'grauted.
COURT OF GENKBAL SESSIONS.
Before Recorder Uackett.
BL'BOLAiUES AND LAJICENIE3?T1UALS, ACQUIT
TALH, CONVICTION'S AND SENTENCES.
Tbe first case called yesterday by Assistant Dis
trict Attorney Noian was an indictment against
Frltx Mullor, who was charged with effecting au
ontrance lino the dwelling nouse or Joseph Wolf
No. 50 Forsyth street, ou the afitb of May, and
stealing clothing valued at 940. ihe prisoner
pleaded guilty to burglary In the aecond degree,
and the Recorder sontenced him to the State
Prison for seven years.
Oswald Kdlidts, who on the tith of May stole
$135 111 money Irom vtuiiam Nurge, pleaded guilty
toau attempt at grand larceny, lie was tent to
the State Prison for eightson mouths.
John H. Wilson pleaded gully to assault and
battery, the allegation t elog that on the 17th of
May he cut William u. Lamis on the shoulder with
a knlis. One year in the Penitentiary was the
Judgment Imposed by tbo Court.
Ktigene Vonen w.is jointly indicted with twn
othys lor burglariously cnteri;ig the promises*?
Joseph Mostatfeai. on the l?th 01 la>. moliiS. .t
rM street, aud stealing a
flofk ?nd a violin, worth U so. He pleaded gum?
to an attempt to commit the offence, as the prls
oner was under sixteen years of uffe Ilia iinnnr
sent htm to the House or iteiuge * ' n0r
Thomas lluuter was tried upon a charire or
larcGD> |q HtealiiiK- on ttoe loth of Juiiuur* flifr
vxi'c'o/'
n.tis.'Bs. ,.a,"o,5T:,r'""cM
Julius Uiuterbuber. who, on tho 2Sth r>r Anrii
stole n package of patent medicine valued at j m
pleaded guilty to an attempt, lie was sent toVhe
Penitentiary lor six months. 0 thc
, Kdward Donohue was tried upon a charge nt r>
cetving pictures, with a guilty knowleT. ,hm
they wore stolen by a ooy named t hristiaS sto?K
'r?m his employer, Jsmes W. l.!oyo No ?i j,?n?
street. There waa no evidence to sustain tbo
charge, an 1 the jury we-e Instructed to re.der a
verdict ol acquittal. "BU,r "
' . Ib-mM Thumps Wl also ncn,ltft#(1 0
Indictment charging him with scaling *>?m?tu
Patrick McNuIty on the Z2d of May. ine cvid.niS
si.owe,. that tbey were on a druuken .pro,
- n ,Mo*r* Jo"? "oiley (bovsi, who wrr*.
chaigod with buigiurinasiy entermu tho ?n?n
rnnis of Margaret Ciugney. at No mi vv.,!?rSf.i*
second street, were tried, but a. the nrool (Jn/i
to establish the allegation the iurv
verdict 01 not guilty. jury rendered a
Daniel Mct'oy wus then placed at the h?r
Charged with perpetrating hd outrurf noon*iAh
verdict oi hotgaiity. reuuer a
The jury did so, and McOey walked ont of eoni-t
Kd?arrf Watson was cnsrifed with 5tJauTa i
dlnraond ring, worth fw, on tho 4tn sr Mav from
niry ?of J'"**- ,vh,c" B clcr'' lu the em pi or or
IvdhdAii, iCttrittoro A Co., corner of \faifi*?n ia??
ami Xm.hau itreet, exhibited to ini r!Juo2Si and
a friend nho contracted ror a ring it was 1^
large, and It was to havo been altered in an hon?
for h,m. Before they left the stars thocl'rt no i
??d a diamond nor of inferior value in t he trav
which was not of their manufacture one 01 fho
accused pai ties demanded to We searched on the
spot and the tulsaing ring wa, not foan2.w2tnn
said tost they could sesrch him at the st iii^S
house, and he was convey.d thither Ths wft!
ness snpposed that 011 thc way he must have .11
vested massif of the vsiuabio ring- but as th.e.
7u^Tl Pfa?' watsou bo was 'ih
John Monarty. a youth, who was charged with
"tea""* ton cents irom the person ofWIIiTim
^Wbcr, pliadeJ imltj to an attempt to commit
Six months.' 8011110 tn? Penitentiary f..i
gnllty to pointing a putol
n ? ""am I. Lu-k on the lath of Mnv. Iha
mont5s!'en t0 ,l10 ,,enil0,1,ll?r/ for three
ESSEX MARKET TOLICE COUliT,
Before Jn ige Smith.
a vioiLANT omasa.
Ajiotner midnight marauder was captnred y#g.
terduy in the act of perpetrating a daring bur
glary on the drug siors of ex-Senator A. w.
Weltsman at No. 257 Broosao street. About
tbreo g'clocn ia tjif woriuur ynicor iboniAS Ban, j
of lb* Tenth precinct, was passing along
street and discovered that tne glass ^ocr
257 had been broken "pen. He rapped lor ask
ance and alarmed the house'toold. A
s?arcl? wa* made over the boose and tracer or tun
burglar found on each landing. Finally ne wus
discovered secreted lu the cellar, buried In ft
of coftl, Willi his boots oil. He was Identified by
tne police an a notorious character, and Juago
Smith committed him in default of $l,->oo bail.
AI.I.KOKD EMBEZZI.KMltNT.
Robert Porter, a bartender, employed at No. 31
Park row, was yesterday held fur trial In $1,090
oil a chargo of embezzling $35} from ids employer,
DAHING ATTEMPT AT HIGHWAY HOHUKltY.
At noon yesterday, a* Mr. l'aul Itloblor, of So.
123 Forsyth street. was walking through Chrystle
street, and when near the coYncrof llayard street,
he was suddenly attacked and Knocked aowu by
Iieury Obermeyer. The thief tlien attemptad to
grab his watch. Otllcer Mullcry, or the Tenth
preclnci, saw the occurrence an<t ariesto t (war
meyer after a short struggle. Judge Smith com
mitted Mm lu $l,oOO ball to answer.
UNITED STATES SUPREME COURT.
TITLE TO BONDS AND COUPONS?GENERAL BtJT
IiEli's m'LE IN NEW OBLEANa?A QUESTION
OP MILUAHY AND CIVIL AUTHORITY.
Washington, Juue 11,1875.
The following opinion# have been reudorod by
the Supreme Court of the United states:?
No. l (original). The State of Texas, Qoraplato
aut. vs. Oconto \\r. Will to. John Cuilon At ai.> * e
tiuou ror a rule on Joiiu Chiles.?Mr. Jusiioo Miller
delivered the opinion ot tlio Cuurt, In substance as
in tlio original decreo in this case White and
Chiles were perpetually enjoined irora setting up
any claim or title to any oi tue bonds or coupons
attached to them, which were the Ja.m.m
of the suit. (Uonds known as lexas lndemiilty
bonda. is ueu to the State by liie 1 u'te,i?^^a9.t
and sold by the rebel authorities at tne outbreak
2? the war.) The bill, answers and proceeding
in the case show that the purpose of tue suit was
to establish the title or the .state to these bonds
and to iree u Horn the embarrassment of the
claim or the detendants. All parlies 10 thesuit
were therefore, bound by the deciee as to
the title' and lieesuse Chiles was the owner,
or now claims to be the owner.tliroujiiia trans
action uot set up in his answer, he if- not the less
concluded and bound to obey tho above injunction.
Notwithstanding he how assorts a dtilereut title,
or source ol title, held by hiui when the suli was
brought, from the one Imputed to him in the suit
and uotended by him, he is lu contempt of court
lu soiling up and seeking (o enforce this claim.
Punishments lor contempt ol cuurt havetwoas
pt-cts. namely:?l. To vindicate the diguity ol the
court from disrespect shown to It or its oruers. 2.
To compeT ti e i-inormancc of some order or de
cree of the Court, which li is in the power of the
D^rtv to perform, Hud which lio refuses to Obey.
In tlie present case there Is no parti
.lAiTfto whicti Chiles can perioral which ieuiaiu*
unexecuted audno additional order or decree
<? u be inado for hlui to periorm lu this piocsied
ina or coiwmpt.' The Court, tnerelore, sentences
um to a line of $250 and costs, lor his contempt In
Letting up a claim ol title to seventy-six ol the
bunds mentioned In the decree.
No. J02. The Meclnuica and traders^ Hank,
Dlaintlff in error, vs. The Union bank of Louisi
ana?In error to tne Supreme Court of the state
Sr^uUlVna-Mr. Justice Strong delivered the
oulnion of the Court tn substance as loUows:-- _
Tue lacisln this case are that in May, 18?2, after
the capture oi New orloans by tue lotted feUtes
Arruj Oeneral Butler, then in command of tho
army at that place, Issued a general order ap
nointinir Major J. M. Hell, volunteer aide-de-camp
of tno division statT. Provost Judge or the city,
and directed that he should be obeyed and re
snooted accordingly. The same order appointed
Captain J. II. "re* ch Provost Marshal of the city
and Captnlu Stafford 1) poty I'Tovoat liar?lial- A
lew days after this order tne l-uion Bauk lent to
the nlaintnf the sum oi $130,o00, and suose
uucutiy, the loan not having been repaid, brought
suit before the Provost Judge to recover the debt.
The doleuce was taken that the Ju.lgo had no
lurisdioiio i over civil cases, bui Judgment was
given aaainst the borrowers, ai d they paid the
mo'iev Qinier pr 'test. To recover It back is tne
mdecf of tho present suit, and the contention or
the Diaintiff is that the judgment was Illegal and
votd bocause the Provosi Court had no iurlsdio
tton ofTlleciVe. The judgment of the bisinct
Court wa^ the plaintiff, and thin judgment
wss affl dned by the Supreme Court of the State.
To tills a Airman oo error is now aHBiffned. 1 Me ar
mment of the plaintiff In error is that the estabj
ushmeut oT the Provost Court, the appointment^of
the Judgo aud his actlou as such in the
brouunt by the Union Bank agaiusi them wore in
valid because in violation or the constitution of
tho i nitnii states which vests the judicial power
ol the genera! government in one supreme Court
and in such inferior courts as Congress may from
time to time ordain and establish, and ihat mider
thm constitutional provision they weio ontltl*d to
immunity ir?m any liability imposed bv tno Judg
ment ol tne Provost Court. Thus it is claimed a
f#ri?ml (mention Is presented, and the highest
court of tn. state having J?'
m 11 intv claimed, our jurisdiction is invoked. As
fiuining tnatVh? c%se IS l&?? brought yitUUl our
right to review it, the controlling (luestionls
whether the commanding general of the ainljr
which csptured Now Orleans and hold It in May,
IStii!, had suihonty. after tne capture ol lh<? city,
to establish a court and appoint a juage,? J?'tn
power to try and adjudicate civil cases. Did tne
Constitution of tue I nlted States prevent the
creation ot civil courts in cajitured districts dur
ing the war of the rebellion, end their creation
by military authority f This csnuot be said to be
an ot?en question. After noticimc t?.? Uecietons
which na.1 been made ou the nuestloi^he opinion
proeseded11>en it has been determined that
the pow er to establish by military aut 'ortty courts
for the administration ol civil as well ?? crlrnlusl
justice In portions of the Insurgent states ocouplwl
by the national forces. Is prociseiy the seme as
tiiai whtoh exists wheu ioreign territory has been
conuusred and is occupied by the c"n(ln^!r?rl??
W hat mat power is has several times been con
?lilered. lu i.eitersdorfen sud llonghton vs. w ebb
(?in How. 17c) may be lound a noiabio lliustretlon.
fl on tlie conquest oi New Mexico. In isw. the
coiumaudtng officer of tne c >nquerittg army, in
virtue of the power of conquest and occupancy.
an<i with the sauction and authority of 'I*? 'J?*'"
dent, ordained a provisional government lor 'he
country (hi, i)oc,. 2d Sess. ilUh Con., vol 3, Uoc.
lit). The ordinance created courts, with h?1'1
civil and crlminsl jnrisen-tlon. It did not i"{$25'
taketochango the muuiclpal lawa ol the tcrrl
torv but it established a judicial system Wi^h a
superior or appellate c.urt, and w.lb circuit
coin is, the jurisdicilou of wfilch wss declared
te embrace, fit hi all criminal causes that should
not otherwise be provided for oy laWs; and sec
ondly. orlgnai and exclusive eegnlna nee of ail olril
cases not cojrniesble before tne pre^cis andI al
csides. Hut though theso cootis and this J ldiciai
system were established by the military auMurlty
ol tlm I nltvd State* without any legislation Of Con
gress, this court ru?ed that they wete lawfully
established. And there was 110 expressorrterfor
tnelr establishment emanating from the Presi
dent or the Commander-in-Chief. Tte ordlnance
was the act oi Gsnera: Kearney, the commanding
oiheer ol the army occupy Inn the conquered ter
ritory. In view onhese decisions It is not to be
questioned that the cous'ltution did not prohibit
the creation by nilt'ary unthorlty of eonria lor
tho trisl of civil causes during the civil wsr in
conqnered portions of the insurgent States. TM
establishment of sush courts i? out the exercise
ef theordlnsrr rights of eonquoet. lueplaintin
in error, therefore, had no constitutional
immnnlty against subjection to the JndK
ments ?f auch courts. They argue, hovvever,
that If this be conceded, still iteaeral llutl?r haa
no authority to eetaMah stwh a oonrt; that the
President alone, as Commander-in-Chief, had
sucii authority. Vte do not coinelse in tiw ,
view. Oencraf Butler was In command or tno
coiiouerin^ army. He was comni'sstoned to carry
on the war in Louisiana, lie was. theretoro. lu
ve?ied with ail the powers of making war. ex
cent so far as they were denied to him by the
Corumsnder-in-Cnief, and among these powers, as |
we have sceu, wa? tnst of establishing courts in
conouered tcrritoties. It mesi be presumed that
he acted uuder the order of tils superior ofltcer,
the President, and tlmi his acts In the pr *ecutlon
ef the wsr were the acts of his Commander-in
Chief. Agitln.lt is argued tnat even if the I ro
vost court was rightly e-<tabii?hed It had no Juils
dictlou over civil causea. It must be conceded
mat the order by which the court was created
did n ?t define expressly ih? nature and ex
tent ol its jurlidtctiau. It Is also trne that a Tro
vost Court ordinarily has cognizance on y of
minor criminal offence*, nut that a larger juris
diction may be given 10 It by the P0*"
brlnas it into being is undeniable. Whether a
la irer lurl??inttlon was conferred in the case now 4
under const?leratlen wo arc notcillod upon to
determine. It is not a federal onestion. f lic su- ,
nr'tae Court of l.ouialana decided that fleneral
Huiier had a rignt after the captnre of New Or
leans, in May, isii, to appoint a-)tid*e lo try civil
ct?es notwlthstending the provisions or the
ceastllutlou. Having detei mined tlist he hsd
guru a nt at *c have disposed of tne question
which entitles the oaae to be uesrd hero, and It is
not lor us to inquire whether the Provost Court
?<.tcd within us Jurisdiction or not. Tnal is a
question exclusively tor the state trlbunwls. In
determiulBg. as the state Siipr.mo Court did,
that the plaintiffs had no such constitutional
immunity as they claim, there was no error. If
lr other respects errors wero commuted, they
kre not reviowable by tills Court unless they pre
srnl some other federal qncsflon. ^nch a ques
tion, the plenums allege, Is presonted. Assiniiing
tn-.it the jnngmcnt given by the f rovost court lu
favor of UioT mon Rank was void lor want of Juris
diction of the conrt. they argue thst when they i
paid the sum adjudged atainst Ihssa tBS lsw
raised au implication of a promise by the rnion
Hank to refund It, and that the of this
coutrsct was impaired by th" of,
siate constitution of isfls. in.it article ordained
tnat all judgment- and judicial saios, marriages
and cxecuied contracts made in good faith
and In fcetoMance with existing laws 111
llio St.ite, reudercd, made or ^ntercd be
tween the fcth day of Jsnntry. l?i. hnd the
adoption of the constitution squirt l<e n"1
11 ih? Court was lawfully estahllslied, as the sq.
Srctne Court of the ."state neolOed, tne law raised
0 ?uCh promise as is asserted. aud the validating
ciaiirfo; me con-'tltution thcreiore Impaired no
contract obligation. Besidea, we oanaot ndmlt
thai the UgBlatlon of ^Bt^e may not
the ju-ignutttii of a court in Jfict, tUougti in giving
the Judgments ike Coart autj have transcended
Its Jurisdiction. Nothing ifiofe need be added.
SuiWeienl Has been said to miww that, in onr
?pinion ihtt ylumuir Q4S beea denied 110 right
or lmMuulty seeired to uiui i>t the constitution
and laws of the United states. If mere is any
error In the record it is one or which this Court
can take no cognizance. The udgmcix is atnrnied.
No. 119. Lawrence Luagdean, nialutiff in err&r,
1%. Amasa iiauos?In error to the Circuit Court
for the Southern District of Illinois. Mr. Justice
field uolivorcil the opinion ol' the coart, of which
the following Is an abstract:?
The commonwealth or Virginia, In an act of her
Legislature, pause* on the 20th of October, 1T83,
authorizing nor cologates tu Congress to execute
a deed transferring to the United States her rigut,
title ami ci.ilm, a.* well of soil as o: Jurisdiction, to
the teriltory northwest of'theBtver Ohio, pro
vided that tne transfer should be.subject to vari
ous conditions, and, among otilers, to this one,
'-Toat the Pronoh and Canadian inhabitants and
other settlers of the Kubkasltios, .St. Viucuut aud
the neighboring village-, who nave professed
themselves citizens ol Virginia, snail have
their possession* ami tltlos confirmed to tli -m,
und be protected In the enjoyment of tnelr right*
and libertiesand that the deed executed by the
delegates embodied the act of Virginia ; held that
the acceptance of the doed by the United States
imposed upon them the duty of performing the
condition and giving the protection stipulated;
and mat to confirm the possessions an<i titles of
the Inhabitant* was to give to them such further
assurance as would enable them to eujpy nudis
turbed their possessions and assert their tight to |
their property in the courts of the country us fully
and completely as if their^itle* were derived di- ,
recti? lrotn the United States. By an act passed ;
on the 2?th of .March, isol, Congress required ;
claims to lands within certain designated limits in
?the territory north of the Ohio and east Of the Mis
sissippi, by virtue of any legal gram made i>y the
French government prior to the treaty of l'arls of
: the Mth ol february, i7tw, or by the British gov- i
ernmeut subseiiueut to that period and prior to
1 the treaty or peace between the United States and
Great Brnuiu on tlie Cd of September, 1783. to t>e 1
presented with u plat oi the tract or tracts
! cUiuicU, to commissioners, designated by the act,
i fcr examination, who were to hear ail matter* re
specting sticlt claims an# decide thereon "accord
ing to justice and equity,'* and transmit a tran
script oi tlieir decisions made in favor of the
claimants to the seoretary of the Treasury,
by whom they were ro be laid botore Congress. |
Among tne malms presented under this act was
one oh behalf ot the heirs of Jean liaptist.o Tongas
lor 204 acres, situated in the neighborhood of
Vlneeunes, .i place which is designated in the ces- ,
?lon lrom Virginia as St. Vincent, such claim .
being lounded upon an ancient grunt to their au
cestor. The commissioners decided in luvor of
the liclrs ami confirmed thoir claim, aud trans
mitted a transcript oi their decision to the Secre
tary or the Treasury, by whom li was laid belore
Con grass, l!y au act passed March 3, 180", this
dPbision and all other decisions in favor of per
sons claiming lands in the district o: Vlncennes,
contained ,n the transcript transmitted, to the
Seoretary of the Treasury, were confirmed.?Held
th.it tins confirmation w<ts the lulfilmeut oi the con- j
(lit: on stipulated In the deed of cession, so lar as tho >
claimants were concerned, and was authoritative 1
recognition bv rocord ol' the undent possession
and title of their ancestor, and nave to them full
assurance of the validity or that possession and
! tit:o; ana that tho subsequent clause ol the act
; providing for the i??uc of a patent to the ciulm
nuts, when vheir claim was located and surveyed,
did not impair this eituct of the coufirmathou. in
the legisiatl' n of Congress a patent has a doable
1 operation, it is a conveyance by the govern
ment when the government has any lu
| terest to convey, but where it Is issued
upou the confirmation ot a claim of a previously
existing title it is documentary evidence, haviug
i the dignity of a record of the disposition of that
title, or of fucn equities respecting the claim as
ju-itiiy Its recognition and ceuilrination. A legis
lative confirmation of a claim to land is a
recognition of the validity of each laim.
and operates as effectually as a araut. or
(jnft claim from the government. If the claim be
to land with defined boundaries', or capable of
identification, the legislative confirmation per
iccts the title to the particular trac, an l a subse
quent patent is oolv documentary evidence of that
title, li the claim oe to quauUty and not to a spe
cific tract oap.ible of identification, a segregation
by survey win be requited, and the confirmation
will then immediately attach the title to the land
segregated. Hi this c ue the cJalm of the heirs or
Tongas, confirmed br the ac of ts07, was uot sur- 1
veyed until 1820, and the patent thereon was not
issued until 187& Held, that it thu anciout grant
to Tonuas was or a defined tract the
title of the nulis was perfected, assuming
tnat previously had only un equitable lute eat
uj'on the passage of the confirmatory act of 1807.
, if, however, the grant was of a certain quantity
' of land tneu undefined andjncapable of identlhca
! tu u, the title became perfect when the quantity
was segregated by tne survey mado in 1*20, and
that no title wis conferred by tho putent, and
that an adverse possession ol tne premises by the
defendant under claim and color of title uiaue la
g(R?l faith, with payment of the taxes legally as
sessed thereon, afior the title oi the heirs was
perfected, as mentioned above, and before the
patent Issued, continued within the period pre
sorted by the Statute of Limitations ol Illinois,
was a liar to any recovery by the holts upon (lie
patent. Aillrmed,
BOARD OF FOLIC&
ADOrnON OF THE NEW BCLE8?CAPTAIN WIL
I lalA&U AGAIN IN TBOUBLE?PvLICS liBU
| TAIJTT.
At the meeting of tho Board or rollce yesteiday
the Committee on Hales and Discipline reported
back. witn favorable recommendation, t&c amend
ments to tbe rules referred ta^tbtm at a previous
meeting, and tbo name were adopted, to take
effect forthwith.
Tbe rules, as amended, rend as follows:?
Iti i.K W. ? l'reluuluarv c*aini?at!oi>a for appoint men tj
od the tun c tball be bekt by the t in- i ci?rk in his urtv o
ou WotlUMdar of each week. (evidence at uatur.Una
tioii mid >r honorable ditcuarse froiu tbe arui^ or uj\y
aliali then be pro.fn ed.
Ri lk 101?Anr applicant I >r appointment ?? patrol
min who preeant* to any Comuit**uiBer satisfactory ov
idcuee of <|U(iiiflcu lions, capacity ami flue** 10 exercise
tbe powei* aui purform the duua? of patrolman, mav
tiv ?uoIi (.'oniiniMioiicr be p<-ru?itteil to appi-ar lieture (lie
Committee ot ISUfgeon* tor e&aioiiiailou a* to lua health,
[.tiviic.il condition ami ability to perform tbe services
r. <|uircit ot a patrolman. I lio Cjnimu.no ot Sui wiHi
flia'l Kitbjcot >ucli can lulafe to u lliorouiili examination,
taking tor their standard purine: pliv-ir.il health mid an
exhibition ut superior inUMumr ami iiIivhicmI <lcv?lup
pi'..t. i?>>?ctiuir all who fall below ,1m a'?iilard au>l
holding all doubls in favor of ibo department, the can
didate to measure lot tosa tljau n*e \eet s??en on J a ,
half Inches, on naked rtet, and to welali 1? pounds
Avoirdupois. wiuioui clotliiiw, ?ml to mea-urc not Was
thHii ttiirtv three und a hall inches aiouiid fb.' cltueC,
uak.nl. Obeaiiy (ball bj cause of rujcctlon.
The Committee oi Saraeona ?t all reject aU candidates
wli i In any reepeot. fall I ciow tiie s'andard ot tlia lie
pertinent. end shell report tha result ot each eaautlaa
li iii to the Clilef Clerk in wriiiin;
liii.it lUi ?Ihe (Thief Oler*. shall aubject the rand Hates
reported favorably bv ihe t<> a itrelliuiuarv
cumin Uion tv tent tlielr lugal ipiullflcaUons. and t >
those who are found clearly couipateut b? shall deliver
a petition properly tll!?d up (in seen petition the < an
dldale shall |.r... are the ilfKUim of ten respectable
ciUeaaa, when it >liaii be returned to tha Chief '"lerfc,
who shall desUmiite now many and which of the peti
tioner* ?ball verify tl e petition bv affidavit
ii' i r 1(B. ?The Chief Clerk .-hall cause the confidential
Inquiry Into til* character. Iial.it" an 1 aSSOClMliors of Hie
ci i tidaie to be ma I by tba captain of tbe praeutct In
which lb? candidate realties and also bv the .-'aperlii
fendent through officers ?picially detailed by bitn tor
fnat purpose.
rt>? <"hie? clerk, npon the return of favornble charac
ter report* snail ' ause the candidate to appear before
Hie ttill Hoard, w nen the Board shall decide which it the
applicants ahall he placed en tno roll of candidatef to
be appointed patii Imen ?< vacanri.-a occur. Apj'olut
tuemsahall f>e made iromMid roll only.
CAPTAIN Wfl.UAMS CP AUAIV.
Yesterday afternoon a respectable looking boy,
about sixteen years of an?\ named John 0. Flf%- ?
Patrick, accompanied by hlii mother, called on Su
perintendent . Walltnir and preferred rhargen
agatnat Captain Williams, of the Fonrth precinct.
Tbe ailldavit made out by the complainant set
fortn that Captain Williams procured a warrant
for hi* nrrcit under pretence that be bad broken a
window or dour in a lager beer aal >on la the
r.iurth wurd, auil locked fum up over niKht. On
l?ein: takcui to roort Uie next dav the i?t>y was
promptly (Uncharted i>y fbe magistrate.
Mrt. Kltapatriek, when rocititu: the story TOHtcr
ilay afternoon, appeared to feci very keenly the
Indignity heaped upon her son. whose refutation,
cue claim*. lsaiio\e suspicion, captain VViUlams,
she alleges, knew that her ?oti waa not utility or
W charge, and he cause I bin arrest *ol ly through
m tllce. The ca.*c win be called up next week.
AIXCOKD IlKtTAl.tfV BY OFKICKB.
Allre.l smith, realdlag at tho corner of Roosevelt
and South a'recta, made a charge ywterdar aftor
noon nt lloailiinartcr.n of asaaan atrl battery
nirainst OiPcer McBrlda. of *h? Foortft precinct.
The complainant alleges thai on the nieht or tho
sth Inst, tie was sun'Unif near hi" residence tn
company with Rome friends when Officer McRrldf
came up, and, In a sarly toue, said to Smith, "You ,
are the saan tnat said jou were goinv to lay ran '
out." smith denied havtag used auub lancuawe,
and the onicor ordered mm away. Not movinx
last enough to snit the policeman the latter struck
him three tnuc* on the head with tils club, after
ward arresting Mm. smith was lacked up in tbe
oak street station house over night, the charge
being assault on the officer. Which, he declares, Is
onnr ly unfounded, and the next moramg dis
charged ity rlf-tloo Kllbreth at the Tombs.
McBride Is the poiiceman who ilgured so prom
inantly In the Maxwell swindling case, being tha
officer who spent the ntjrht in drinking saloons
w th rbe latter. Tho cast will bg called up at a
future day.
WALL STREET NOTES.
A FAILtTKI IN WOOI.' -UEror.TTD CONTEMNCB
OF BAIbWAT MAONATE*.
The failure wai reported on tne street yesterday
oi Strang Holland UroUers, wool dealers, No.
14-i Duane street,
KRIS
innonnces its Intention to reduce passenger lares
during the coming summer months.
DEATH US I'll k "TO! K RXClUNdK.
Tha df atii of Mr. .\naustus It. Mills Was reported '
yestardsy on tbe stock F.xchanga, provoking
many expressions or feeling from Uls fortner asso
ciates. fen deatb w*s iwddtu. iue oaual uctioa
i tyUi bf vakeiu i
THE REVENUE EMMS.
Brief History of the Recent Cus
toms Discoveries.
LATE SEIZURES AT THIS PORT.
Claflin & Co. and the Auctioneers
Give Ball.
The indictments against the wealthy firm or 0.
B. Clatlln A to. have caused intense excitement
in mercantlla circles. Whether tola flrm are
guilty or not or the charges made against them
ana supported by the grave presentment or a
Grand Jury it is impossible to say; bat there
seems to havo set la wltn the new yeur what
might be called
AN ERA OP SMUaaMN'O.
The first known Irregularities were confined to
fashionable tourists who were returning to New
York: from abroad with their spacious truuKs ailed
with elegant presents for relatives and friends,
gome of these persons belonged to the mo-t
fashionable society of Philadelphia, and the
sisters, wife, mother-in-law and otiitr lemalc
relatives of the protecting guide or the party
were provldod with summer toilets from J uris,
which Worth had made to bo a* enticing on the
beach at Cape May us If worn by iho belles of
France at Biarritz. But the enterprising citizen
was iuterlered with by si>eotul agent Chaiker, and
finally pal<l the duty on his importations, only es
caping prosecution on account or his influential
family connection. *
The next batch of smugglers proved to be
woiaon, and trunk after trunk was seized, con
taining elegant apparel made to order across the
Atlantic and brought here for the lair owners by
charming modistes, one of whom?Mile. Leonle
Jouvtu?had the misfortune to be incarcerated in
Ludlow Street Jail,
A VICTIM TO THE COQOBTTES,
who had not mo honor to oomc forward in tuo
hour ot tnolr victim'# peril ana ula? tUe responsi
bility ol their Illegal acts.
AU these revenue irregularities. however, acorn
insignificant when the great allfe frauds cama to
light. The flight and arrest of Lawrencc and
UraiT, tUo arrest ot COlouol Jos Auges-wUo Had
hitherto borue a spotless reputatton-and mo
tuoustuKLand ono rumors that rtllod the atmos
phere of the Revenue Department and attacked
inn reuutaiion of nouses hitherto beyond sut
n^?ion are -dtelraof too reoeui date to need more
@$mwm
?.? w.it?m be ai lUlitly taxed. aluio>t leading
iSVtii? b7lrti thai secretary AUCuiiocli, In m.iking
srEHSSSiM
?wss> ?"??-''??wu""
???,r.s <?u M
A^r!it!#t i>aruu!e^? ro8p?ovt ui!^
I
W^hlSgTon Street, and lu tUenore ol Fie d. Mor
rin a I'otiner, lu Broome street. Mr. Ultcncoca,
tfVtSSS interview K
of tho UnttedElt-tlies'T rea*jg!
stiuweata' in unoartblng manr of the law amug
fc.iugfraude, and *1* autemant was about aa to!
oases coining to light from ttmotonme
ait ufA oslf ptuotratlnir thtJ outer crust
;V,? v .'Vi?-n"Tv;"?",h* ..na -01
,n Zr?? Srtistett. Lyons. London and omer Urge
SJK " i
? l?* g*Sto 4 Co. mjiter as
onfv ihe commenc inent of me dweowma.
Month, since the latlor llrm were Known to have
r?pmi'>d ?ilks direct trom <>ne oi the parties who
wM ?lwrwirS? ftttltlve >reu. justice. At thai umo
MrVimtuami MrTaioott were approachedf^rex
r?i?niitiorlsby tho proper goveruBi.nt oiTVrcrs. but
tit? dhl DO produce ttKir invoice* and show rr*
uUr b.djWnr.o?loD? ^ H ?
that tt ??*? from lnrorinaTio? given t?? *r. hum m
that time tnat the present lualotiuenia have been
UmWe'onlJ new arrivals in the
aeUuJ* room at'he Custom ifo-i-e are three ewe.
ol ia-<tina? taken trom the steamer Bothnia a few
1,,K and one box of toys consigned to a
boose which repudiate its owiieiwfcip.
Yesterday e^CTafltn?" John Clafl.n, Daniel
house ot H. V. Claflln A Co.. appeared boiore ^oiu
"SMSA
which have win lound against them for al ogtd
SJipUc^tVin me .!.? tKgSS&aVnSi AaVon
n.mr*Tne#re are three' in-HCtmeBts^nat w.h
Smounrtilg to'fJ."m "-nd the
renuire'l amount of bail.
n THK AfCrlOSr.KRS' BAII
XohB J. Morris. Aaron Field. " F?fTi?
krimumi 1>. Ftnner and Chariea M. Field, of l.ie
firtti (ii Fluid Morriii, Fltinor At Oo.. lodlcU^I tor
complicity !? tne^e francs, alto
t,#iure i .lnir
amount or Jco.fwO cacti, meir i>?nidsmeu being !!.
FMeh loundor of the orphan M<ime lor
fi.ii,ir.n Daiien, conn.; ex iuoor4er Jam^ m.
Hm rn and James W. hwiltli. The bonds in tl.eM
(.????' arc ol the u?ual lormnl chtraeter. 1h.f,'rr^r
rfre th* fact that the defendants have como beforo
? Ln I'fi 111 misiioner and nound thflaaelvw to the
r In rt tor Tiavlng frjiuduitntly, koowiu^tj.
?? \ itoHwftiliY received and couceatcd in ft oer
?r,? m la M." by c?rt.in m.ans to the Crnu,
inr? uu\nown" aad .or having facilitated Uie c^n
?If.n?nt of ccriain gooaa. wart^ and merchan
^ To wit aUrgo quantity oi silk goixis, aner
ShHr" mpori^?"n in me Cmted .-tat. s, couirary
,! lU 111 tmH said goods had been smuggled and
"'S-it tntrortoce# into the raitea Hiatus
r.WnK as by said indictment m-w
r'emalning on nie and of ?e?rd in said court
""?pie'repres?utlt!ve the HtRU.DWt?ycs?er
HaV iiiiuiBicii that District Aitornoy Bliss nad
. , ... Wiinniniiton. I'os-it.iv his visit to tha.
citv ]n-t at this tim'i is In connection with
?tta?iii silk frauds. Perhaps he hai gone to con
??n ma Attorney Oencrat. Mr. Plerrepont, as to
now ^e is to conduct the proaecntton oi tuc suiie,
li they fliouid ever come on for trial.
SPOTTED TAIL.
H? urn, WAIta AMI* WAKUBBIN03?A *0KANC1
O* TH* FOB MT--LOVE Of HM VKVWlTXtt
AND HKH DItATH FTtOM A DBOTCKN H*AItT.
The following account of me celebrated sioux
chief Spotted Tall, wUo Is nowia WM?tuglon *lth
ne<i Cloud, u from advance aheew of General
Brl*bl*'s book
Irom the country lying tiotwcentliolnlcn. acl?o
had abont 3,0.10 rollowera, anrt c?"s
^v,?eT S ^
fan is that thev did not e*mp together and
neul Utile inierconrso with each other. Iwas told
Slotted rail was the Chief ol both, but that mey
so dom met and had nut seen *acfc otneT .or some
nntil thav c ime togethar at our camp. In
iiuni'tnk 8Dotla11 Tail led one <>f Vie bands, whiio
Walk t nderthe Ground headed tho other as a isort
of ueutenant to Spotted rail. The iw?llalla?? or
wail under the Ground's band, had only como tn
ta ohpaieace to the expreaa orders of the bead
ehif and were VeitleM and ai^at]sn;d Tncro
wiM'o Bump otorrov iciots oetwcen d^ici
ggn'lffi ran. and ?M "WW *? they
called turn, stained several times on the point ol
rebelling ogathsl bis silperlor. Walk fnder tr.a
(.round dinnot wish to leave theUepubdean coun*
try. aud although tin chief was reluctant to part
with in* oid hunting grounds. still Ue knew it warf
useless to contend against the ijuvoruuicut. which
declared they roust go, and had already brought
Its troops npou the ground to enforce its orders.
Kpolieu Tail used every argument to convince his
lieutenant of i Be folly of resist mc?, bat Walk
l ixior the Ground was sullen and would Dot bo
convinced.
About this time two things happened which
added greatly to the III feeling existing uetweca
tbo chiefs aud speedily brought matters to a head.
A Brule had some time before stolen an Ogali&llabM
wile, or, a* the Krules told tue atory. au < >gaiialiaii'a
wile ha<l ran od iroui Uor Uuaoauu aud come to
live wliti a young Hrule warrior, with wiioui sits
was lu love. this as it mar, the bauds had not
been many days in camp when, one morning, tho
deserted ugalialUU uusband armed himself, aud
going to the Hrulo camp entered the lodge of im
Cunpoiler of lila happiness and shot lum de&u.
ht-eing aer lover dead, the suuaw bared her boaoai
aud called out, "Mince you have killed him, uow
kill mo too." The cutanea hueband took her af
Jior word, and drawing a revolver snot ber
through the heart. As the husband attempted tq
leave tne Hrule camp tno brother o: the murdered
man attacked hlui and ilrod seven shots into hi;
body, from the effects of which he died In ji fen
momenta. These triple minders caused great ex
?iiernont in both ramps, and lor some unexplained
reason Walk fnder the 0'round lnnde themacaua-'
of complaint against Spotted Tall.
The oid cniei -ani the matter had i>eeii aettleJ In
blond; that the whole adair was alike dtsreputa
bio to4both bands, and that ne could not take tiny
notice of the occurrence in the Council. He de
clared the tribe was well rid of sde.h lewd and
! lawless persons, aud that, being dead, the offenjo
should uow be forgotten by ail purl tea, or, if ret
numbered at all, only as au example aud warning
to others to lead peaceful and virtuous livet.
Mhortl/ after t?e occurreuco above related
; walit I uder the Ground came to the cavalry
cauip. and, entering au officer's tent, began to
c*nver*? with mm. The cutof asked for a drink
of whiskey and was g ven one. i'reaunily lie askod
for HUother, when the ollioer, kuowiog lee In
dian's tailing, promptly relused to lor htm havo
anymore. Walk I uder tho Ground soon becauo
grossly Insolent aud abusive, aud so enraged tits
officer tnat he rose trom his chair and tucked fno
old lollow out of the tent. Ou his tryinir to re
enter the oillccrdie v Ins sabre, and, turning the
flat of tho blade, caught the ctiiel aud gave tnia
a tremendous thrashing. Tuo insulted Indian
went at onco to Spotted Tail's tamp and
related what had happened. asking, lu conclu
sion, If such outrages were to be calmly borne.
Tne old chief replied that he was sorry for tae 111
treatment Ills lieutenant had received, aud the a:
fair was most uuloriuuate, but as \\ alit I'nder tho
Ground admitted he had grossly insulted tho offi
cer he had no one to blaino but hitnsclf for the un
happy manner in which tits visit to the cavalry
camp bud terminated. As Walk Under the Ground
expected much sympathy irom his chtel he was
grsatly enraged at this decision, aud began to
abuse spotted Tail.
The chief calmly replied:?"When I go to sea
the white soldiers I do not drink their firewater,
and tliey treat me kindly and Invito mo to eat.
i When you go to their camp you g*t drunk and be
come lnsoleut. If you had be [>a veil yourself In a
I proper and respectful manner you woulu havo
uothiug to complain of trout them, but as you got
drunk and involved youtaeii in a quarrel you
should not couiu here to tuako it a matter ol com
plaint to me. You are a troublssoiue old man, ana
wlieu you are druak you have no sense leu In your
body. Because you get the worst of it iu a row of
your own making it is no reason why 1 should
either sympathize with you or orlug your disgrace
ful conduct oelore the council. Vou have mora
than once occupied i he time of tho Council with
trilling and vexatious questions, and It Is not
proper you should do so again. G > ?onie, keep a
clvli tongue in yotir head, let firewater alone and
your trouble will cease.''
on hearing this main language irom Ills chief
Walk Under the Grouud became greutlv offended
aud upbraided him with caring more to bloase tho
whites than lits owu people. -You are,'' said tho
chief, "willing to be kicked ami cuffed at>oat by
tho whites, hut i am not, and I will Hunt them.
Ouce you wero a brave warrior and oared tor your
tribe; now you have o?couie old and leebie yon
are the friend of the whites, and you are no longer
a wurrior, hut a woman." enable longer to en
oure *uch treasonable and insolent lanTuage tliu
old chief sprung upon his rebellious subordinate,
aud before any oue could interfere plunged a
butcher kutie sevou rimes into his sitioaud breast.
Walk I'nder the Grouud sunk down at the feel
ol Ills oh.el and almost Imnudi ttely exnlred. As
soma* ho was dead Hpotted rail ordered tho
body to ba pitched out oi the lodge and sum
moned it.e Uruie chip s, related to them what had
happened, and ended by naming one ol them to
succeed tn: dead inau u* chief of the llrules. Ail
tho other chiefs at once gave in their alioglanoe
to the new chief, nnd u'> one ventured to remoB
1* at rate or complain or the killing of Walk I'ndar
tho Ground. Never thole**, the dead oluof was
much. talked about privaleiy, ana a* he had been
popular w Uh the young mon of tho
l>und, thoy were sorely grieved at bis
death. In two* {tpj threei they pfgtvu to
?teal away by night and 16Tn ;tje UofHpo chlCK
Spotted Tall. Slating 0' tn'a, called tta warnora
ro^C'^ipr CM auoressed them. Be said:?"When
I I was young and my people was strong I went to
{ war wlfb the w hites. For years we lought with
j varying success, and 90 ) >ng as there was hone V
continued the wAr Wheu I new my people c/et#
day grow weaker and weaker, aud our wiute ene
mies Decoding stronger ami stronger, 1 knew It
was iirno to stop the war. A peace w as made,
not from choice, but necessity. Now we are told
to leave this country, aud we must go, not irom
choice, but ttewvi1/; Aav? trle<\ ana
failed. We tmist b->ff resort td BecotUtl9u, alid
if tbar does not avail we must perish from the laco
of the earth. I am :mi old mau, but 1 am no cow
ard. 1 tear no man. hat years have tanirht mo
pruleiee and wUdom, 1 know some of jou wi^h
to g ? to wgr, but it is Toll/ to reaiat the whites. I
am anxious to save tho h\es of my people and to
preserve the remnants of my tribes taat yet rt
1 nniu alive. Those 01 you who will oe well advised
| will remain at peace, but t|M of vou wl?o aro
still fer war r?u now go on. Tnerc are still sotn?
days of the rrn>ae. out let those who wish to light
the whites go at once."
Nearly throe hundred young warriors wlthdffew
in a body as desirous of going to war. .spotted Tail
addressed them again:?"Y<?o do not wish to take
my advice. Go, then, and when your hour or great
distress and nccMslty comes, as come 11 surely
will, remouitur 1 am still yonr chief, and reruni to
me. You will be huugrv and I will teed you. You
will lie uakad and 1 will elotae you. You go out,
mounted, but you will coma baok foote rs and
wwary. Most ?>i you will never returo alive, but
suoh of you as survive the conflicts of wor win
Qud ma at uaudail, and Du re vou shall have a
mend and a home as long ss ( live." The war
riors then departed, and the old <*hlef, having dis
charged hi* public duty, rei amed to ais lodge to
mourn in silence tne iate 01 nis people.
l>anng UH istter years ol the w?r part of Spot
ted lail's lamiiy remnned tor a time at Foil Lar*<
mie, and wirb them was his favorite uaughtet. a
young girl, just budding Into womanhood. Tbo
lort was theu garrisoned by couipauias ul an otuo
regiment ol voluutear eavairy. Among the on
cer* or this regiment was a young uian of good
appearance and pieaaant manners, aud
wnh whom the cbui'a daughter tell in love,
ller passion <ioes not eeeui to have been
reciprocated by tbf yAuiitf f'ldlV. 'iQ'i fit dirt
all JU IjM noWflMo convince uer ?e could not marry
her, ana, ihcrciore, it woald be wrung in bun to
pny his audresees 10 liar. Hut the Iniatuated girl
wou d not bi convinced and coaid not und^ratand
why she, a princess and the daughter ol the iti'iet
poweriul'cnier mi the plains, was not a suttaixe
wife or the ?ouug soldier. Day aftor day sho
would dress herseii with scrnpuimts caro and
cyme to the fort an<i nee her beloved. It w on
pitiable to observe her, as hoar alter bour shn
would sit ou the doorstep of the voung otQcer's
quarters wai lng lor lum to oonie out. At other
times site would lollow him about the parade
groutxi like a dog seeming perfectlv happy If she
cmM only he near bun and enjoy tuo poor privi
lege of looking at him.
BpotteU Tan, hearing of the strange conduct of
his <iatighter and deeply mortified at ber want o(
sell re<i??ct, hastened to tho fort, and, pitting her
In cti.'rge of soine km I ftieods, hide tticin carrg
her on into the lioeky Mouniains, where a portion
of iiis ti ii*o dwell, ?ml en icavor In every way 10
make her torget Iter unfortunate love. Nbe Went
away meekly en 'turh. nnt teli Into a deep melan
choly, irom ivnicu no t Hort 01 irlenda could aronro
ber. I'resentiy sue reiu-ed to take any iood and
pined away to a ui?re skeleton.
One day u conr.er, wli ?e horse wss white wittt
loati, sought the great chtuf and told him tnat nls
dang:Iter was ilyltig of a broken neart. ami
wished to sec him once more before she passed to
tho happy spirit land. Away over mountain *n<f
stream nurned tne chief, uud paus-d not lor loml
or rest mull lie reac ted the nedstde of bis be
loved child, lie loo it* 1 her sMil alive but fast sink
ing, and she bid bim sit close tie doe her and hold
her 4Heshiess nands in his while she toid him all
her simple etorv of love and suffering una a
broken neart. >*it?? said:?"I shall soon be at rest,
my father, ana with tbi*o of o?r kinlred whs
i have gone l*efore. lu that beantllul laud I will
| wait lor )ou and you will soon come to ) >tn me,
I dear father; for yoar tocka are whitened witti
year-" ol < tire, yon are fast growing old and tired.
Vou aro a g oat chief aod have yet muny warrion,
but the 1 ale facts are more uum-toua thau tho
I leases ol tne forest, aad I pray you to cease front
1 warring with theui. Hpare your people, my chief,
rest yet a little while in peace, and von will hava
reached tho end 01 your journey or me and coma
to join mc in the happy home to whicn 1 am now
going. The pale tUcos are Ilia people, and between
, you an.I them I hope war will never cotne avain.
I And, 11 my father and my chler, when 1 am dead
take my poor, wasted b d> and lay it on the hill
tieaide tne rort wiiere I learned to love so veil."
The pulseless hands grew cidd as the grant cttef
promised Ids child all sue asked of hna. then the
lustrous ejes 1 lazed over, the thin up* ceased to
move, the smllo fled from the wasted mce and tho
Indian girl was dead.
The he*rt-btf*en -rhl?f bid the attendants Oref*
the body of tire prtncew for burial, and on tno
slionlJers of siont warriors It was carried all tho
way to Laramie and lai 1 to rest am ng tho pate
! faecs, one or whose race she had so latally loved,
ller gravt Is still pointed out to the ttaveiier, and
there It will long remain a monument or tne s.?d
I Ccst story of the plains. Spotted Tali orteu ?n?ak?
of his dead daughter wen affectionate remem
brance, and once in a great council held wfth tha
whites at i.arunilo he s?ld, "Were not the hope
lessness of resistance and the dlotatee of policy
sufficient to restrain me from acta or war tha
pledge 1 made to my dnad child in her dying hour
w ould a^ase mo Iv kfop at poacc With youi PfO
i Pin." ? M