6 LEGAL HOMICIDE. Andrew Tracy Sacrificed to Human "Justice.'' SHOD ACCIDENT AT THE SALLOWS, j The Last Product of His Muse in the Closing Hours. A FIRM SPIRIT TO THE END. , i [BT THHT.IUPH TO TUE HERALD. J SMKTUi*OUT, Dec. 4, 1879. Andrew Tracy was executed in tlie McKe&n County J ail at tliis place, about one o'clock to-day, for the hooting of Ilia cousin and sweetheart, Mary llellly, on tliu ltith of September, 1878. He ascendod the scaffold Willi courage and flrmness, but declined to say anything further than that ho forgave all men and loved all mankind. A VILLAGE CHIME. 8iaoe coming to Smethport 1 have boen strangely impress eel with the revolution which a great crime of this kind will create in the social life of a country Tillage. First of all the feverish excitement following the commission of the crime; then the gossip about the curious and forgotten family history of the criminal; then a discussion of the motive* to tho act; next the preparation for the trial, the arrival of "distinguished counsel" from abroad, the employment of extra clerks at the court; and, finally, tho opening of tho case. Then suoceeds the days during wtiich trade is almost suspended. Every morning the furtuurs in the country round flock to lowu ana congregate, with tho villagers, before the doors or the oourt house. The struggle to sccure good places grows more violent as the crisis of the trtal approaches; the closing arguments of counsel f6r prisoner aud Statu elicit nods of approval or disapproval, dMfeite the prohibition of the Court. The Jn4ge's cMrffe furnishes many points of contention about which shopkeepers' clerks and farm hands agree and disagree. The rendering of the verdict? that "sopreme momont" in which the crime is confronted with its pui^bhment?is a scene of morbid interest. The face of tho criminal is closely watched; the manner in which ho receives the ' sentence is again the subject of public consideration at all the uubvis Niu suuys. AUCU uibut vuuco hue nwma vt month* prior to the execution of the death warrant. In thia period the facta. Inferences and probable motives to the crime are all gone over anew. Visitor* to ttib village are conducted by their friends -to the scene of the murder; then, if possible, to the jail to have a sly look at the condemned man. There ia a morbid cariosity to see how a fellow citizen demeans himself who ia to die ignomtniously and violently on a fixed day. THE FATAL. DAI. As the time of the execution approaches all respectable families begin preparations for a half holiday?not that I mean a day of festivity, but of leisure. Consider how difficult it is to measure calico when a man whom ;oa have known all his life is being hanged in the next street! Reflect, moreover, how unlikely the cutter at cloth is to have a customer lor anything in his shop When such an unusual event is occurring so near at hand. Therefore a groat crowa gathers boforo the jail, waiting for that unknown instant in which the village census will sutler by the hand of the law, as it has previously suffered by the hand of vrime. An interval of silence within the jail, after which a few persons, pale and gloomy?thoughtlessly carrying their hats in their hands?emerge from the building and mingle with the crowd. "He la doad," they say, and one would suppose that that was enough. But it is not; the minutest detail is asked for and repeated from lip to lip until the villagers know just how their lately fellow cltizon struggled, strangled and succumbed. If any commentary is Deeded on the present barbarous method of execution by the halter it is found in this morbid interest Which succoeds tho final act of justico to know all the horrible, sickcniDg details. That it exists there is no disputing. The journal thut denies it and refuses to record tho desired facts might as well decline to sell the public its papers because it is luxurious U> the eyes to read in the twilight; as well might the cutler cease to vend shears because AbdulAziz took his own life with this useful domestic Implement. THK CHIME. The story of this crime and tho criminal's history wan tola in the Uiulcld at considerably length on Thanksgiving Day. Two cousins, Andrew Tracy and Mary lteilly, belonging to highly respectable Irish families in thin village, had engaged themselves to be married, although it was contrary to the articles of their oominon Church. Tiiey protested and, indeed, there is no reason to doubt, really did love each other very much. The girl's lather, a strict adherent of the Church faith, on learning, through an intercepted letter, of the engagement, forbade it and declared the marriagecould not take place 10 long an he lived to prevent it. Couplod with this are charges of jealousy on the part of Tracy of a foung clerk named Thomas Carroll, but there does ft .it sue in to have beeu any sorious grounds tor the Imputation. The threat of Mr. lteilly would Hem to have driven Tracy out or his mind, for on the Qlght of the Republican County Convention, Heptera? ber IB, ImTh, the young lawyer followed Mian lteilly and a companion Mi*s Mullen home troiii a milliner hop situated beneath lux office and shot the object of hia alieciionx through the tempie at the gate of Miss Mullen's yard. Flight followed and more than anything else tended to dispel the sympathy which might have been felt for the morbid nature of the young man's miud. lie was tried and convicted, twice respited by Oovernor Jloyt, and his case was presented before the Hoard of Pardons, but It refused to interfere. Therefore he suffered, it unjustly bocause of unsound mind, legally. TRACY'S APfKAUAXCK. Tracy was a young man ot twenty-nine years of age, of very Intellectual i.ppearauce. Uis forehead wan exceedingly large and prominent, almost abnormally so. Ho stood about ilve leet ten inches high mil wax slender of build. Possessed of a thorough education in languages and the sciences, as well ax having a general knowledge of history and the arts, he Could con verse with great readiuenx upon almost any lubjseu The speciul accomplishment which attracted inost people to him was his wonderful execution on (he piano. He would sit for hours playing the most weird, melancholy music; at times vari?d wltn the wildest transpositions and harmonics; again, the music would die away into some plaintive, simple fnelody?partly original, partly adapted from a remembered operatic aria?until, suddenly rising, he would seize his hat and rush iroin tiie house to walk the stroots, or in the woods, alone, lie wax what is knowii in many villages as "the iiiii watch, wiiliin the nick tuan's lulnd. 4'1 this Nttlt ini<1 itiiclit hour, till* tiwful loaiwn, WllMII Ull HI V l?-<| ill ?*kvflll ri'OlllKllKIHI 1 turn III! wearily; wllell nil lull in* Are Mink to runt in awrvt f"rnottiihieit. 1 alone wake to watch tiie lickiy taper That4i*lita mo to my tomb Yon, tin the hand Of Uentli I lentJ"en heavily on mj vltala: Hlow. nap pi mm w warm current of txlatenre. Yen. 1 intid AM 1 feel that 1 mint die. A in! lft.r yunratanrt- who will apeak of inot Oli uone Aiotbr buiy brood of mortal* Will ?|>rln( ap W the meaiitiniu and tut one ? ill hold ma in Mkembraace. 1 had hoped Kor better thlnffa. ( had hoped I ihoulU not leave The earth till I had gained a nebular'* name. Mut late deereea It ahall be otherwiau. Ko inoro of hutneii hopo, the wanton vagrant! 1 re (tret all. Now other oarea emtio** me, And iny tired ?oul. with emulative bailo, Lwikito Hi IM. _ DkCKnnnn K, i#7u. ANDKKW tract. Thla poem wan written laat night for tbo Ukiuld through the riMpieat of M. 8. Sheldon, the warder who kept watch witli Tracy. tiie hkmtisnck cabrikd out. Tbo hanging of A mi row Tracy to-liny wan Unaccompanied by ao inucli exciteiueut an waa expected, although tilt; people of tbia quiet town exhibited conaiderablo internet in it ami generally were in favor of viaiting capital puniHhmcnt on hia head. Every poaaiblo effort waa made to invest tbe occaaioil with deep Holetiinlty. 'the botela worn reijueated to luapeiid the Milling of intoxicating liunora during tiie day, and they diapoaed of noun over tbe barn. I'tobably not a huudrad people were attracted front lilt country by the expected execution, and not mot* than a^venty-nve peraoni, including tbe Juror*, were Admitted to tbo priaou to witnena the tragic acone of hanging a man twice. Tbo gallowa having bi.?n erected yeaierday tbero remained nothing to do for tbe Mberiff in order to fully equip tbe engine of death but to properly adjitat tbo ri>pe which waa to cutiireie the neck ol tbe culprit. '1 bin work waa performed thla morning at a aeaaounble bour. The HbcrilT lully teetod tiie banning apparatus, and found it to work in the moat aatlafartor) manner. Tracy, according to the atateuient of Mr. M. H. Mheldeu, who baa kept * cloae watch over him t NEW TOR] I daring the past few nights, paused hi* time l wry quietly last ui^ht. Hm brother, Michuel Tracy, a Catholic prie-t, and Father Dent. at 1 iiullilo, ami a lH-phcw of the pri*oner were with Iiili until late thia morniug. Uis other relative* railed on lmn iaat evening. Before they left him ho 1 ma le them all Miiall presents, such as crosses, Xc. Uuring tiie night he couversed freely in Koylish and Latin and appeared to have uo fears of the morrow, lie wrote three letter* in a firm hand to hi* brothers and auters, in which he endearingly referred to I them. Mr. Sheldon persuaded him to go to bed alr. Oallaudet, at the Insane asylum at Hartford, where her father and brother reside. Her daughter Bescie Colt, who died two weeks since, had been of feeble health during the past summer, and this lirobably depressed the mother's spirits, as sho gradually grew worse, and when tho daughter at length died of rheumatism of the heart Mrs. Oilman was out of her mind to such a degree that on being informed that Bessie was deadreplied that "she was only sleeping" and would awake in the morning. After the burial of her daughter the derauged woman evadod her relatives and visited her husband and also Oovernor Uoblnson. At tho second repulso by the Governor, after applying for her husband's pardon, she returned homo and said that while away sho had not passed three hours in sleep. Her nervous forces were exhausted; she was unable to tako rest, and with her prostrated mental and physical condition the turning point of life found her a wreck, offering no resistance to the progress of disease, particularly so as all hope of her husband's pardon, which had buoyed her up for so long a time, had to be given up. Sho Is described as having been a lady of rare intellectual powers, though not a strikingly handsome woman. After her husband's conflnement tho principal portion of her timo was devoted to taking care of her children. Tho two remaining boys bear testimony to* this. In the funeral sorvice to-day in following tho Episcopal forms both of them kuelt by the side of thoir father, forming a sight which moved many iu the church to tears. They are not old onough to realize the great loss they have sustained, and soum delighted to havo their long-absented parent again with them. humane cbkditors. While Oilman was in business in New York he had the management of the entire property of his several sisters here, some $(SO,OOU, aud when his forgeries came to light this sum was also missing. Knowing that tho sisters wonld be reducod to want by the loss the principal creditors of the brother made up a parse equalling the amount belonging to the girls and rorwarded it to them, and it is upon this that they have aince lived. William C. Oilman, iuu lukuci u1 iuo lv1|{c1 , vim *u native of this city. Ho died Home twentyfive years ago. Ho waa an extensive mill owner and wan president of the old Thames Manufacturing Company wlien that inatitution went under, lie wuh a thorough gentleman and educated liia son to a complete business knowledgeand to rufinedbutnot luxurious lantes. BBIEF SEASONS WHY TH? OOVEBNOB PARDONED OILMAN. [BY TELEOBAPH TO THE hebald.1 Aluanv, N. Y., Dec. 4,1879. Governor Robinson informs your correspondent that the reasons for pardoning Oilman are substantially those already made public. The death of Oilman's daughter, followed by the mental derangement and death of his wife, leaving two children to ooeducated and cared for, have induced the Governor to extend Executive clemency. Oilman had already served two-thirds of Bis term. MURDERED I3Y A RIVAL CANDIDATE. [BY TELEOBAPH TO THE HERALD.] Atlanta, Ga., Dec. 4, 1879. A bloody fight took place intJoneaboro last night over the municipal election contest. Mansfield, a candidate for Mayor on the old ticket, had a negro meeting, which waa called tho night before the election. Ho was in one of the front seats and made a speech. Walker, the opposition candidate, walked in at tho back door and stood up listening to the proceedings. Maustleld shouted, "Hurrah for the new ticket!" Walker replied, "Hurrah for the old ticketManafinld walked down the hall and fell upon Walker with a stick. He heat Walker badly, wlicu tho latter drew a pistol and killed hlui. The election camo oO today. Tho campaign waa devoid of political interest. AN EXPENSIVE MURDERER. [BY TELEOBAPH TO THE HEUALD.] SYRAcirsit. N. V., Dec. 4, 1879. Tho expenses of the third trial of Nathan Orlando Greenfield, who is now under sentence of death for wife murder, were f7,870 00. Tlie bill of tho stenographer amouutod to fl,3'J4. Governor Hobinaou has been appealed to to coiumuto Greenfield's sentence to imprisonment for life. He will give his answer next week. THE VOLKMER8 INDICTED. The Oraml Jury found indictments yesterday against Joseph and Mary Volkmor for misdemeanor In having "administered poison with intent to kill." llialr and Mary Connolly wore sent back to the House of Detontlon. The ease will bu placed on the calendar to-day, but It is likely tho accused will only be called upon to plead and that a day will bo fixed tor the trial during tho coining week. Air. Matthew I*. Breen, counsel for Cliarlos E. Dlair, the principal witness for tho prosecution, appeared before Judge Daniels, In the Court of Oyer anU Terminer, yosterday, and requested the approval of his client'* bond. District Attorney Phelps paid the sufficiency of the bond offered was being investigated by a clerk from his offiue, and that 1( tho property be found in the name of tile surety tho bond would be accepted. Judge Daniels adjourned the matter over to thla morning. BUKIED IN rOTXEB'8 FIELD. The unknown man whose horribly mangled body was lound on tho track of the Pennsylvania llall* road, at the coal dump in Newark, on Munday morning, was buried in the Potter's Field yesterday afi ternoou, no one having Identified it. The only thiug tuuud in the pocket! waa a copy of the Boston Uer> | aid of November HO, , EMBER 5, 1879.-WITH SD REV. MR. HAYDEN. | ?.? Susan Hawley Cross-Examined Again 1 by the Defence. THE WITNESS SICK. ? Trying to Make Hep Contradict Her Statements. New IXavkn, Couu., Deo., A, 1879. The rigid cross-examination of .Susan Hawloy was continued in the llayden trial thin forenoon. Mo method that legal acumen could devise wax omitted by Mr. Watrous iu his continued ettort to break the force of lu-r testimony, most damat^ng in its nature if accepted by tho jury as absolutely true. It is a fact, however, that in no substantial respect did the witness contradict the statements given in her examination in chief. A temporary illness necessitated her withdrawal this afternoon, and it was full time, for the girl had boen suffering suvereiy, not only physically from toothache or neuralgia, but mentally from the exhausting character of the cross-cxaminatlon. ?ii? will nrnlmhlv Im rncallnd to-morrow and alios tioned as to mauy other of tho declarations made by tho murdered girl anil movements of persons at the .Staunard house on tlio day of the tragedy. The aiteruoon session was occupied with various odds and ends of testimony, of no particular importance Individually, but of some importance as Oiling little gaps in the State's caso. The almost forgotten arsenic fcaturoof the trial, which occupied so much time in its early days, was brought back to recollection by a scrap of testimony by the Sheriff of the county, involving a question of only minor interest. follow1no up a theory. Susan Hawley, recalled, was questioned further regarding occurrences at her houso on the forenoon of the murder. The object was to investigate particularly tbo doings of old Benjamin Stevens, who, according to the theory of tho defence, may have bad a motive for committing tho murder himself. Stevens is an old man of sixty, rich for that poor section, and had loug been an intimate of the Stannards, taking many meals at their house, and providing money for provisions in part or bringing them to the house. He was working with Mr. Stan, nard in charcoal burning and frequented his house at times as a more eonvenient place than his own. Miss Hawley stated that about tho time of the arrival of Uayden at the house on his way home from Middletown Mary was in tho front room counting out to Stevens some change from a purchase at tho store; Stevens had come there about eight o'clock and threw himself on a bed for an hour or more; after getting up he gave Mary, who was in the kitchen, boum>. money, and she went to the store; he gave it of bis own accord, not being aakud for it. Q. Did he ever give vou any money ? A. He never gave me any money excepting what I earned when I worked tor him. Mr. Waller?What's tho object of this? Mr. Watrous?It is a matter of motive in conneotion with the killing of the girl. Chief Justice Park?It may be proper in the proper place, but not in this crosa-exainniatlou. Q. Didn't you toll us yesterday that the was counting out the money to ber father ? A. If I did it was a mistake. Q. When your father know of Mary's leaving ber place of sorvice and coming home that Sunday, didn't lie find fault with ber? A. No, air, be did not, and I do not think that I ever said so to any person or at the first trial. Mr. Waller?We object to this, unless, Indeed, the defence claims that her father was hostile, and further claims that he killed the girl. Chief Justice Park?We hardly think this a fit subject of cross-examination. Q. Were you ne?eu made on cross-examination to discredit the witness, to insinuate that she had bran coached verbally; that her testimony, reduced to writing, had frequently been read, anil that her testimony lfener.il ly was fabricated. Therefore tbe Htate claimed tbe right to show that at tho tlmo of tbe transaction she had told the same story she tells now. Tbe authorities, ha said, supported tbis claim. Mr. Jones?We shall not claim that the girl has any motive now different from that which sho had at the moment when Mary crossed tbe threshold of her house for tbe last time. She had the same motive, also, we behevo, when she talkod with Mrs. Mills that aftsrnocn. A recess wa^ taken until two o'clock, and when thn rniirt met ?nmA diKAnnnintmnnt wan (V>riuinnor1 auiong the spectators who packed the room by the statement that Hunan Iiawley was suffering from a severe headache anil by agrooiuent of couuael would not berecullcd until to-morrow. Mrs. Eliza Mills, recalled, testified that on the afternoon of tlio murder she went to the Stannard house about two o'clock, Iler previous testimony wan that it was an hour earltor, and Mr. Jones questioned her sharply as to the roaaon for tho correction, but could get nothing from the witness other than tliat she had thought tha matter over more carefully. Hhoriff Hyxbee, James Hills, Oscar Stevens, Surveyor Hutler and l>r. Hufus Matthewson occupied the witness stand during the attornoon, but their testimony was of minor importance, several simpiy testifying aa to their whereabouts at tho tiwo of the murder. The court adjournod until nine o'clock to-morrow, when Susan llawley will probably be recalled. Information wax received hero to-day that the old man, Benjamin Stevona, one of the most lmportaut witnesses in the case, is recovering rapidly and may be able to appear In court In a few day*, ills evidence la of value to the prosecution. WORCESTER MURDER TRIAL. FRANCIS HATDKN'S STATEMENTS CONCERNINO HIS BISTER?FACILITY FOR HECURINO POISON. Wohckatkr, Mass., L)oc. 4, 1H79. The third day of the trial of Francis llaydon wss resumed with the examination of Mrs. Croker, aunt of the deceaaod, who testified that the prisoner before tho doath of his sister had expressed hla belief that sho would not live long. J. K. Haakill testified that tho prisoner, while ostensibly in search of a physician, was In oompany with Miss Jlilson, and that lie proposed to tha lattor to como to hia house and live. Joseph Hpauidlug testified that tho prisoner had anxiously lnqulrod of him ns to the value of tho j property, and who would have earo of It if his mother died, and expressed great uueasinesa at the Sroposud poat-mortem exumiuatlon. Tho prisoner ad denied to him that his sister had poisoned herself, aud admitted giving medicine to all of his lainlly who had died. A. A. Marston, l'rofesnor of tha 'High School of Fitchburg, testified that there wore various poisons in the laboratory; that ilsydan had across to them on the id of May, and that lie was in tho room on that day; liayileu had the keya of the laboratory; lie told witness he had some things from there; thero waa metallic and white araeuie In the laboratory, but witness could not tell if any was missing. The itev. Frederick Wood, llayden's familv pastor, tsstiilsd that hs visited Usjrdsu la his csll| tus so PPLEMENT. eusod uid he bid tod* and arsenic in hi* room, and fixed soda in his rooui for Sarah when she was nick; said ho was sure he had made no niiwtako in fixing the soda; asked if arsenic had been found in ins sister's body, aud how tuueh. A drug cierk testified to purchases of morphine by the prisoner. Mrs. Dr. Jowett testified that llaydou catno to her lioukt- after tlio doctor on Karurday, aud, while waiting. the prisouor started up and said, "lie won't do it, will he?" referring to the autopsy; ho came again next day aud said he was ready {pr the of animation. AMUSEMENTS. 8TF.IXWAT HALL?THE SVMl'HON V SUCIETT. Toccata in K liseli Orctiodrs. "La Culuuiirina," air loinelli Ml*? Kiuuih Tliurnby. Hyniuhuuy in C (Jui*u?r) Mui.trI Orchestra. Uvurturo, "feutlwiilra" Goitliuurk Orcboatra. Cavalisa from "Dor Kruiuhutx" Vou W'ubor Miss Kiumii 'i'iiursby. Overture, "Loonore" (No. J?) Van Beethoveu Oichoktru. A vary largo audienco attended tbo second public rehearsal of tho Symphony Society at Steiu.vay llall yesterday afternoon. Tho programme was an excellent one, aud in addition to the able orchestra cuuducted admirably by Dr. Damrosch, Miss Thursby was offered as a special attraction. The "liach Tocatta," orchostrally arranged by Esser, was played in a masterly manner, all tho musicians seeming to grasp the main ideas of tho work with a perfect conception and to phrase it with a singular unanimity of jmrpose, making the whole a moat consistent aud liuished pioco of work. The double basses never hud u better chance to sliow their excellence, aud they improved the opportunity wonderfully. "La Calaudrina," Miss Thuriby'a selection, is an old fashioned little air of the last century, connected with the composition of which there is told a somewhat romantic story, which lends to it an additional interest. Jomelli, the composer, was born near Naples, and his one great desire was to attract the attention and win the friendship of Metastasio, the famous Italian poet. In 1749 he sot out for Vienna, tlie pout being then at the Court. The two met, aud a most sincere and lasting friendship, romantic iu its warmth and singularly happy in its circumstances, sprung up between them. Metastasio wrote some charming poems for which Jomelli composed the music, and the two went on hand in baud in their art aud friendship. The study of oue was the music room of the other, aud they were almost inseparable. It was in the early days of this singularly happy friendship that Joiuelli composed "La Calaudrmu" and handed it to his friend and patron. Miss Thursby sang the aria yesterday with considerable grace aud hulsli, and the many difficulties iu the florid passages were well met aud lairly conquered. It was more notable, however, for its good method than brilliancy, aud for the sweetness of the notes rather than for their extraordinary delivery. Miss Thursby mado quite a success of the souu before the audience and was promptly recalled. ' Mozart's melodious and symmetrical symphony in C is so well known and the members of the society have so often played it that it only needs a passing notice. Iu the allegro vivace the violins were a trifle out and the double basses were faulty in being too loud, but, for all that, the movement was taken >vell and played with considerable spirit. The andante was given with great teeling aud with a most sympathetic tone, and the allegretto was treated with extreme nicety, the idea of the menuetto being well defined. In the flnale the 'cellos were particularly good, but the brass was overpowerful at oue point. The fugue was prominently brought out by each iustrumeut the conclusion was powerfully and artistically interpreted. The novelty of the programme was the new Ooldmark overture, "Penthesilea," founded on Heinrich von Kleist's drama, the four motives of the composition being "The Tumult of liattle," "The Feast of ltosus," "Love" and "Death," suggestive, in musical form, of the meeting in battle of Achilles and Penthesilea, tho love that existed between them. llie combat in wnien Achilles roll, ana tne ileatn or l'enthesilea. Tho first movement, powerfully descriptive of the tumult of battle, was rendered with a brilliancy and vigor that well expressed the motive of the work, and, wliilo It reflected credit on the composer iu the massive musical effects produced, the orchestra were deserving of great praise for tho manner in which they interpreted his intentions. The second movement is in effect a charming love song, the beautiful melodies conveying delicately the story of Achilles and 1'onthesilea'a meeting and lovo. Tho air, played with great sentiment by the clarionet and flute, has a 'cello accompaniment, the theme U then taken up by the strings, and finally dies away in a perfectly rendered decrescendo passage. The spirited movement which follows, gradually accelleruted and increased in volume, is an admirable conception of Ooldmark, and, with great precision and vigor, the climax of the overture is approachod and effocted grandly in a fortissimo passage of groat power. A sombre strain, exquisitely played and. well conveying tho idoa of a funeral inarch, but relieved by a few bars of a plaintive melody, which breaks through it like light from a rift in the clouds, iirings the overture to a conclusion, the finale being a delicately executed pianissimo movement. The overture is Ooldmark's greatest work slnco his "Sacuntalu." Dr. Damrosch received the score direct from the composer, but sinco then the work has been received hero from the publisher. According to late advioes from Europe It was not to be performed thero until January, when the Vienna Philharinoniu Society intend to produce It at the third concert of their season. It has been roheursed hero, in private, by the Philharmonic Orchestra, under Mr. 'Theodore Thomas, but the Symphony Society may claim the first public production of tho new overture. The work is composed in UoJdmark's eccentric and graphic vein of composition, dealing largely In dissonances and yet coiubiulng with them some most harmonious melodies. Standing on the programme by the sido of Beethoven's monumental Overture it was dwarfed by tne comparison, but the fair success it achieved undor these circumstances was proportionately creditable to the composer, and the manner of its interpretation udded another to Dr. Damrosch's laurels and reflected every credit on the orchestra of the Symphonv Society. Miss Thursby sang tho "Dor FrolsohilU" cavatlna with less o fleet than was expected of her. Her good school was manifest all through it, and there was generally an artistic style In tho manner of her phrasing It, but it had tho ono fault of being occasionally untrue to pitch, and the lady's voice seemed ut times unequal to tho demands made upon it in the sostenuto passages. Under au encore she returned and sang another selection with marked improvement in every way. There is a wealth of music, particularly suited to Miss Thurxby, to which sne should confine herself, not that she can only do well within those limits, but simply because in certain directions sho has remarkably good vocal abilities, uud It is always better for an artist to do that which she can do best. Tho most vigorous and delightful of Beethoven's four "Lieonore" Overtures was played yesterday. It was grandly rendered and gave a alow and warmth to tho entire programme. It never went better than it did on this occasion, and it was so admirably done that it can all be summed up in aseutvner?It was a triumph for tho players and their loader, and a delight to the audience. MUSICAL AND DKAXATIC NOTES. Capoul will take his benefit on Monday night at Booth's Theatre. Tho New York Clrcnt will giro its usual mstlneo performance to-morrow. The new opera cf Messrs. Gilbert aud Sullivan wu read to tlio company yosterduy. Mr. P. H. Giliuorc's new national hymn, "Columbia," will probably be produced on Christmas night. Tbe new play, "An Arabian Night," at Daly's Tboatro, la drawlug. Tho matinee to-morrow promises to be a largo one. Tho Galley Slave" at tho New York Uaverly's and "The Octoroon" at the lirooklyn Uaverly's are drawing full houses. "Mignon" ia to bo the feature thla evening at the Academy of Music. Catnpanlnl, Del 1'uente, Auabre, Cary, Vallerla and Monti are iu tho caat. Our Girls" at Wallack's will not be visible to tbe naked oyo after to-night and at tho matluoa tomorrow. It la an enjoyable performance and should be aeon by every old thoatregoer. Tho houaea at the Han Francisco Minstrels are among the boat filled in the city. They rarely fall to acoro a hit and got talkod about. Mr. J. K. Kmmet, at tho Park Theatre, Is still attracting larue audleuces, who witness with pleasure hla rendltlou of "frits in Iroland." Tho Amorican IMruo Museum on the Dowery ia one of tho attractlona of the east 4do of the town. A number of novolties are to be seen. Tho management of Daly's Thoatre nave generoualy tendered a benulkt to tho Hevvntu regiment for tho purposo of augmenting the building fund. Tho performance will tako plnco next week. Ihe a eats are now lor aale at the fair. f , The German Liederkrans will have a social reunion at their hall to-morrow evening. The aololsts are:?Mrs. Anna Granger Dow, sopranoi llerr Uehrens, basso, of ller Majosty'a Opera, and Mr. Felix Kraomor. These, together with a full orchestra under the oonductorship of Mr. A. Paur, are likely to mako an onjoyable affair. "PINAFOllE" AND PIANOFORTE. An attempt by certain members of the Musical Mutual Protective Union to blaokmail the management of the Fifth Avonue Theatre into paying m*?f? money to tbe orchostra employed thera than they were obliged by contract to pay waa reported in yesterday's Uuuu, Mr. Charles Ford paused la bit work long enough jrwterdij to giym tho Hnuia reporter a statement of tho difficulty M it now and of tho w?y in which it will be mot. "On Monday afternoon, at lialt'-paat three o'clock? less than live hours before the first performance waa advorilitod?we were nerved with this notice:? % musical mutual i'kotkctivk l'nioi*. ) SfcCUfctakvs OrriCK, No. 01 JiAST T.IIKIi stukkt. / NKW YIIKK. DOC. 1. 1K7M. ) Hill?At a, regular uieetinu of 1U0 Hoard of Director*, held ?t their rooms, November JJS, ItiTJ, tho following ro??lulioii una curried "Koculvod, I'liat tlioso luoinbors who are oiifcajcotl at llie Fifth Avenue TUcalro to perform oparotlai or opera buutfs lio tiotitiuil tliat if they play under I lie stipulated price? ii '< article 111. keetioii JO. of tho Muairal Mutual Waivetlvc Union?tWir? per wuukl tho tioiud of Directors will vigorouidy enforce the law." Jty order ot tho iioard of Directors 1>. SO IIA AD Secretary. "Wo had to decide at ouce whether wo would submit to tho extortion or not, aud wo dccided to pay the rare demanded for ono week uuJer protest. If wo had consulted with Mr. Sullivan, which w? did not, he would have opposed yielding, lie would have done what ho proposes to do next weok?play the piano aud have Mr. Collier play the harmonium. But he agreed to pay this week and at onco telegraphed to Philadelphia and Baltimore tor musicians. It will be two weeks, however, before we can got this orchestra, even it we don't have to accept Mr Sullivan's utt'ur to tuleerauh to London for lita orchestra there, and during tnose two weeks wo will liavo the piano aud harmonium." Do you mc?n that that will actually bedono?" "Oh, yen; .Mr. Sullivan in in earnest, aud he says he will give 'Pinafore' as it nover was given lietore?with u better accompaniment?iu short, as it wax written. XUo harmonium, you know, given all the etlect of a Hull orchestra. Mr. Collier is a muster of the instrument, ho wo shall do that if it proves necessary. To-uiorrow, however (Friday), I am to appear at a meeting of the Musical Uuion aud state tho case to them, aud wo will thon get a tiiKil decision." Mr. Ford said further that he had had a great mauy letters from amateur musicians offering to piay iu the orchestra uud> r Mr. Sullivan. Some of tli<'ui wanted small pay, but the most of them wore willing to'play without remuneration for the sake of getting instruction from Mr. Sullivan, "llut, of course," said lie, "we can't rely on any such help as this." THK UNION on THE 1UVJ1B. 'l'ho reporter saw several members of the Musical Union, who rctused to talk about the matter at all. One of them said:?"1 am an old man, and my con* uection with the Musical Union is all I have to rely on. If 1 louo that in any way tlieru Is uothing before mo but the East River. You will uot go down there with me, will you?" One member, an oilicor, consented to t'lk on condition that his name should not be published, aa lie. too, feared incurring the displeasure of the union, lie said that the only thing the union had done la the matter was to send a waruing to the member* who were playing at the Filth Avenue Theatre. This warning in'itself amounted to nothing and the whole matter would be settled, if it needod settlement, at the meeting to bo held to-day. He said that no com* plaint had boon entered on the books of the union so far as ho knew, but he understood that it had coins to tho notice of the Board of Directors through a statement made to the Hoard that the laws of the union wore buiug infringed. He seemed amazed when told that Mr. Eunis, who, he said, was an ollicer of the union, had signed a contract to work for tho price stated; but said tlrnt it would all bo cleared up at tho meetiuQ. "The wholo trouble comes fraritenvy," said he, "and 1 shall do all 1 can to have it .reconciled. Mors than half our good uiusiciabU have been playing 'Pinafore' for a long time paat aud nobody took any notice, because it was looked at as a tritle. I don't think a man. ought to be blamed tor playing it at theatre rates, because he can get away at half-past ten, in tuno to go to a party or ball and do more work. But if it is an opera or op6ra bouffe, when ho doesn't get away till hall-past eleven. It is different. Ho is too lato then to do anything else," THE AKMOKY FAIR. no falling off in thk attendance?tr& attractions and amusements. The proceedings last evening at the Fair of tho Seventh regiment at the new armory in Sixty-seventh street varied in no essentlsl feature from ptoceding days. The armory was crowded, as usual, and the beauty and fashion of ths Empire City wore well represented. Indeed, a stranger visiting Now York could find no better opportunity of seeing all that was worth looking at In feinalo graco and manly physique among the well to ao classes of tho city than was presented at the fair last evening. Whether the crowd which patronized th? fair last evening had anything abnormal in it or not is hard to say, but the fact is beyond all question that tbo arrav of beauty was simply bewildering. You encountered a handsome woman at every step, and tbo caro taken In selecting the guardians of the stalls, if good looks were the test, was beyond all praise. One could not hesitate a moment which to admire most, tbo beautiful things offered for sale or the churuiiuit creatures who undertook to make one buy. And the beauty was of all styles and every complexion. Tbero were representatives of tbo socalled Auglo-Saxou?though not many?the Celtic, the Hebrew, but by far the greater number were of that new typo, surpassing theiu all In regularity of feature which may be called the North American. As it is the result of a mixture of all the Caucasian races it may salely be said to bo the highest type of the Aryan family. There wero blondes and brunettes; tall, gracoful figures and small and well rounded bodies, and every variety of eye except the ugly. If there wero nothing else to look at, nothing to buy or sell, tho ladies would bo attraction enough, and the men of taste In New York would go there to see and to udmiro. Many, however, went there evidently rather to gratify their assthetia tastes than to Invest their "lucre" In any of tho nice articles offered for sale. Possibly they were afraid lost a too hasty purchase might cut short their pleasure and that they are waiting for tho fow last days before invosting too heavily. Be that as it may, tho principal business indulged in lu.?t evening was admiring the display of beauty and asking questions of tho charming saleswomen. Neither the lifeliko dolls, the handsome baby carriages, tho Ann tapestries, the parrots, macaws or canaries, the little dogs or the billiard tables found many purchasers last evening, although their merits were extollod in the sweetest and most porsuaaivo accents. Till AMUSEMENTS. The amusements wero, however, quite snoeessfnl. Punch aud Judy found aa many numirers a* ever, and Mr. K. J. Dale's wonders were a real treat. Hothiug could be better than Ids performances with a number of rings, and his manipulation of a pack of cards excited roars of laughter. A number having been selected kf ladles and trentlomeu in the audieuco, Mr. Dale took them back and placed them in a small box fastened on tbo top of a bottle. He then called them, one after the other and they rose up, being the correct ouo* In all cim, The last was a torn ono, tho remnant of which had been retained bj a gentleman in the audience. It roue up as It was called and, on being ordered, danced to the music. The braken piece was theu Hung at it and wm instantly joined to it* proper place. Tho production of a varied crop or flowera from scuds put into a liat elicited rounds of applause, and on the whole tho entortaiument was very successful. Tho art gallery waa well pat* roniaed and well repaid a visit. Mr. Honry T. Bryant's display of ventriloquism was alio well attended and was enthusiastically applauded. The other features of the fair wore patronised as usual, and those who attended were evidently well satisfied with their evening'* amusement. Miss Emma C. Thursby, Miss N. Russell and Miss 8. llUHson will bo at the booth of tho First Company to-morrow evening to sell tickets for tho concert to be given under the auspices of this company by tho artists of tho Mapleson Opera Tronpa, at Mteiuway Hall, on December 10. CHUttCH FAIRS. Tho St. Agnes ladios' bazaar, or in reality the fair of St. Agnes' Roman Catholic Cnarch, in Forty* third street, betwuon Third and Lexiugton avenues, was opened last ovenlng, and will remain open from tour o'clock until liali-past ten each evening uutil further notice. Father Mc Do wall, the pastor, had prepared a surprise for his flock, for when tha hour announced for tho foTtnal opening of tha fair arrivod ho announced that "even a greater IrMiman than himself waa present, and therefor* he would call upon Judge Jobn 11. Drady to giv* them a "good send-off." Judge liruuy began by Baying that hu knew nothing about fairs, and a moment afterward said that Kve waa tha first fair woman told or in history. Ho knew of fair men, of fair women aud of fare?well, the first fair Irishman he remembered was Pharaoh, bo ansa he had an "o" in his name. Yes, there was another Irishman he remembered, Orion, a mighty hunter in the stars. He said that Father McDowsll had brought him there to give bis blcnaiiiK to the tair, aud thla was it. "May you ba fix luontiia in heaven before tho devil knows you're dead." Tha bassar itself promises every success. The schoolroom aud chapel have been handsomely decorated, nod tha floor apportioned off Into spaces presided over by ladioa of tho parish, whore every tiling that cun bo moiitlonuil, whether buarrr or nutri, it the purchaser's option, cau bo olitilntd. Voting fur almost anything tbe visitor may desire is permitted, and repeating Tu that ronpnot U encouraged. At 8t. Pot or's Church, in Barclay street, a friendly contest ban been nightly carried on bv the admirers * of varioim polio* captains to decide wbicb hall beooinu tbe possossor of a handsome void bailee. It la to be given to tbe one nbown bjr the ballot to be Ml* most popular. Last night the vote utood?Aitken, 1,H17; Cherry, U.i'Jfl; Haundors, VI,(Mi. Tho polls will clone to-night, and not on Monday next, aa has boon stated. Nt. Paul's lloman Catholic Church, in Harlem, haa now a fair In progress in tho hsseni