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New York dispatch. [volume] (New York [N.Y.]) 1863-1899, October 02, 1864, Image 1

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VOLUME XIX.
The New York Dispatch,
PUBLISHED
OO\' SATTRDAA MOHNING
&T 11 FRANKFORT STREET
ft TOW BOOKS PELOW TAMMANY HALL,
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jttST A SECOND EDITION, ccntaining the latest news
IkvHi all quarters, published on Sunday morning.
• rar The NEW YORK DISPATCH is sold by aU
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COPY. All Mail Subscriptions must be paid in advance.
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Amoican postage. Bills of all specie-paying banks
taken at par.
TERMS OF ADVERTISING.
Karesftet, the terms of Advertising in the Dispatch
Ftfl be ns follows:
ABOUT TOWN 30 cents per line.
BUSINESS WORLD., 20 “ “ “
SPECIAL NOTICES 18 " “ "
REGULAR ADVERTISEMENTS. .16 “ " **
Under the heading of '* Walks About Town” and “ Busi
ness World” the samear ices will be charged for each in
sertion. For Regular Advertisements and “ Special
Notices,’-two-thirds of the above prices will be charged
fur ihe second insertion Regular advertisements will be
taken by the quarter at the rate of one dollar a line.
Special Notices by the quarter will be charged at the rate of
©ne dollar and twenty-five cents per line. Cuts and fancy
display will be charged extra.
latest Itegaphic gflM
GLORIOUS FROM GRANT
THE GRAND ADVANCE
COMMENCED
Chapin’s Farm Fight.
BEBEX. WOKHS CARBXED.
GUNS AND PRISONERS CAPTURED.
Headquarters Army or the Potomac, )
Sept 29th—Evening. J
Reports from General Butler’s Department say that
the Tenth and Eighteenth Army Corps crossed the James
River at Deep Bottom, and advanced against the enemy’s
works at Chapin’s Farm, taking the first line of rifle-pits
without resistence, at 9 o’clock A. M.
At 10 A. M. the enemy’s strong position at Chapin’s
Bluff was carried by assault, and three hundred prisoners
taken, with sixteen pieces of artillery, flags, etc.
A division of the Eighteenth Corps is stated to have
suffered considerable loss, but to what extent is not
known.
. Our troops hold the position, which is about seven
miles from Richmond.
Heavy firing was heard late this afternoon on the ex;
treme left It Is believed to be Gregg’s cavalry engaging
the enemy. They went on a reconnoissance in the direc
tion of the Southeiae Railroad, but the result of their trip
has not been ascertained,
Rebel scouting parties or guerrillas have been capturing
safeguards left at houses in Prince George County the last
few days. One of these came in to day to get his money,
anc while on his way back to his post was seized and.
robbed of his money and other valuables, his arms, and
part of his clothing, and then released. Another was
coming in, and being ordered to halt and surrender, drew
is revolver and shot one of the enemy, after which he
made good his escape, although pursued several miles.
The rebels have been back and forth to day, in every
d’lection, at one time marching off towards our left, and
again returning to Petersburg, as if going to Richmond
ben appearing at some other point, and finally going out
of sight altogether.
Some deserters came in to day. who say t the defeat
Of Early in the Valley had caused great depression
throughout the rebel ranks and thousands were ready to
leave at ths first oppqrtunity, having lost all faith in their
final success.
Captain D. G Pitts, of the 19tn colored regiment, was
killed yesterday on the picket line, and two or three of
his men were wounded.
Sept 31—6 A. M-
Brisk firing was key* up along the center of the line all
last night between the pickets.
This moning the utmost quiet prevails.
Reports that the rebels arc evacuating Petersburg are
again in circulation here
THE FIGHT AtIhAPIN’S FARM. -
Baltimore, Oct 1.
Tte follow; -g additional particulars have been received
from a participant in the fight at Chapin’s Farm :
Gea. Ord, ot the Eighteenth Ccrps. with two small divi
noas, pushed toward Richmond on Thursday morning,
fighting and driving in the enemy’s front until he
reacted Chapin’s Bluff. Here were heavy works extend
ing for miles around The rebel gunboats were in the
year anu below them
The rebel garrison, though small, had been reinforced
from Richmond. One division, General Stannard’s, took
he Jsalients of the main woik, and thence swinging
around inside of and in the rear < f the other works, drove
them out before them. •
While this was being done, heavy reinforcements
came down from Richmond, which were also driven
cut.
The division which did this lost every brigaie com
mander, LkiUed or wounded. General Burnham-was
ki’ied ; Colonel Stevens and Donohue w are woun led, but
net dangerously.
This divis.on behaved most gallantly, losing some 500
efficers and men killed or wounded.
The works taken were the strongest so far seen around
Richmond.
Our loss shows the stubborn character of the enemy’s
fighting.
General Ord was only slightly wounded.
We have a strong hold near Richmond, and General
Grant wilt, it is believed, keep it.
Heavy fighting was going on when our informent left.
STILL LATER FROM GRANT.
Our Forces W ithin a Mile and
a Half of Richmond.
BCTLEtt’S TKOOPS' STILL SUCCESSFULLY
ADVANCING.
THE REBEL LINES VERY THIN.
Philadelphia, October 1.
The £uilctin of this city has the following special dis
patch :
‘•lt is reported that Gen. Kautz’s cavalry on Wcdnes-.
day evening advanced on a reconnoisance to within a
wile and a half cf Richmond, and were surprised to find
»<• few rebels in the vicinity.
“ Most of Gen. Butler’s forces were within four miles of
the city.
• Great activity prevailed on the left of our lines, and
Gregg’s cavalry bad advanced to Reany’k Station.
'• The rebel lines were very thin.
‘‘The cannonading of Wednesday inflicted but little
damage upon us.”
IMPORTANT FROM MISSOURI
THE REBEL INVASION.
INTENSE EXCITEMENT AT ST. LOUIS.
The St Louis papers which reach us to-day contain full
details of the Rebel advance in the south eastern counties
of that State—the leading particulars of which have al
ready reached us by telegraph. The demonstration on
the part of the enemy would reem to be much more for
m dable than has heretofore been represented; and their
destination would seem to be, if possible (but we trust
ibat it je Dot possible), Louis.
PWBB® BI 1 J. WILLIAMSON.
FROM SHERIDAN’S ARMY.
Early Still Closely Pursued.
WHOLESALE DESTRUCTION OF GRAIN AND FORAGE,
EABLY’S ARMY BROKEN UP.
War Department. )
Washington, October 1, 1864. ■
11:50 o’clock, A. M. ’
Major Gej<kralJohn A. Dix :
Ibe following dispatches from Maj.-General Sheridan
derailing his successful operations since the last report,
have just been received :
Harrisonburg, Va., Sept. 29, 1864.
Litat.-Gfn. U. S. Grant, City Point:
In my last dispatch I informed you that I pressed Early
so closely through New Market, at thp same time sending
cavalry around his flank, that he gave up the Valley and
tooktolhe mountains passing through Brown's Gap. I
kept up the pursuit to Port Republic, destroying seventy
five wagons, feur caissons. I sent Gen. Torbert, who
ovurtock me at Harrisonburg, to Staunton with Wiison’s
Division of cavalry, and one brigade of Merritt's Tor
bert entered Staunton on the 26th, and destroyed a large
quantity of rebel government property, harness, saddles,
small arms, h&id bread, Hour, repair shops, _&c.
He then proceeded to Waynesboro, destroying the iron
bridj e over the south branch of the Shenandoah, seven
miles off the track, the depot buildings, a government
tannery, and a large amount of leather, flour, stores, &c.»
at that place. He found the tunnel defended by infantry’
and retired, via Staunton
It is my impression that most of the troops which
Early had left through the mountains to Charlottesvills
that Kershaw’s division came to his assistance, and, I
think, passed along the west base of the mountains to
Waynesboro.
I am getting from twenty-five to forty prisoners daily,
who come from the mountains on each side and deliver
themselves up.
Frcm the most reliable accounts, Early’s army was
completely broken up, and is dispirited.
Kershaw had not readied Richmond, but was some
where in the vicinity of Gordonsville, when he received
orders to rejoin Early.
The destruction of tlie grain and forage from here to
Staunton will be a terrible blow to them.
All the grain, forage, etc ~ in the vicinity of Staunton*
was retained for the use of Early's army. All in the
lower part of the valley was shipped to Richmond, for
the use of Lee's army.
The country from here to Staunton was abundantly
supplied with forage, grain, etc
[fiigred] P. H. SHERIDAN,
Major General.
MISCELLANEOUS WAR ITEMS.
It is reported that our authorities
have mace arrangements by which the rebels, in future
exchanges, will i e turnished with men as nearly as posst
ole in the condition in which our soldiers are returned to
us, thus preventing the rebels frcm getting soldiers whom
they can put at once into the ranks, in exchange for the
emaciated and dying men they bring to us It will be im
possible lor ( ur government io exchange with them any
starved prisoners, for the reason that it has no such men ;
but a considerable number of sick and disabled rebels will
be found among the seventy-five thousand prisonersnow
in our possession
Commcdore Parker, of the Potomac
flotilla, communicates the following to the Secretary of
the Naw : “On the night of the 16th ult. "one of the boats
of the U. S. steamer Currituck, while in searcu of block
ade runners at the mouth of the Ycomico river, was fired
into frcm the shore. Wm. King, captain of the hold, was
instantly killed, and Geo H. McNeil, landsman, severely
wounded. The fire was promptly returned from the boats
and the Currituck, Acting Master Nelson, who command
ed the boats, reports that a shell explodea in the midst of
the shore party.
Between 35 and 40 Union prisoners,
exchanged on account or sickness, arrived at Washington
ire m Richmond on Monday. They state that a considera
ble number of our men are confined in a prison near tne
Libby, all of whom have taken an oath not to again bear
aims against the Confederacy. This oa’h was o iiaiiidd
through misrepresen’ation as to the action of our Govern
ment in the matter of exchanges and by promises co’ send
all foreigners home free of charge. The rebels exchange
our men whose time was the nearest out first.
A squad of New Hampshire recruits,
numbering 150, arrived in Boston Inst week, and were
from thence conveyed bysteamtr u» camp at Galloupe’s
Island. On the arrival of the steamer at me latter place,
ore Gt the men couid not be found, and a search for him
being Instituted, he was discovered under the ooilerot the
s’eamer, literally roasted It is inferred that he secreted
himsen m that position, with the intention ot deserting,
and from some caute must have become insensioie, and
perithtd while in a state of unconsciousness.
On Tuesday night last, live desert
ers from the rebel army came int) the lines of the 9th
Army Corps ax d surrendered t enue’.ves to tne Feder tl
pickets They had been conscripted into the rebel ser
vice and serve a out their time, but were remsed a dis
charge. When the terms oc Gen. Grant’s amnesty be
came known to them, they resolved to desert, expressing
their re.'ermination to their comrades, and took advan
tage of the first favorable opportunity lor doing so.
The rebel soldiers seem to have lost
their late antipa’hy to the Federal colored sold'ers in
Grant’s army, and have ceased to fire upon them, as they
formerly oid, whenever the negroes made their appear
ance. That part of the Line where the colored troops are
en ploj ed is cow as quiet as any other, and it is noticed
tkat winn deserters come in they are a’terward fre
quently found eating with the negroes, having apparently
lost their late prejudice. /
The train captured by the rebels at
Cabin’s Creek, Kansas, lately, consisted of two hundred
wagons. Their total valuation was estimated at about ons
million dollars The escort numbered eight hundred ail
of whom were captured except Lieutenant Colonel Wei
derand a few wagon masters. The attack was made at
two o’clock in tne morning by about fifteen hundred
rebels, supposed to be under Standwaite. and must have
been a complete surprise. The train was destroyed on
the spot.
The rebel prisoners cotfieed at Camp
Douglas Chicago, ‘nave lately been engaged in another
fruitless conspiracy to escape a plot had been enacted
to seize the ba’teryot s.x guns and the arsaaal which
cor tains about fifteen hunured muskets and fifty thousand
rounds oi ammunition. Fortunately, the design was dis
covered only a short time previous to iw intended execu
tion biid about thirty of the ringleaders were arrested
and put in irons.
Geiieral Meade has issued a sharp
order relative to regiments who lose their in battle.
It states that where such loss occurs in regiments, except
on ‘adsractory proof that the loss was entirely unavoid
able, they will net be allowed to carry colors until they
have rec eemed thems» Ives in a subsequent battle. The
Bth New York Heavy Artillery, the 164th New York Vol
unteers. and the 36th Wisconsin Volunteers have already
been placed under the ban.
Western Missouii is again overrun
by EUtrrillas belonging to Price’s invading army. The
majority of the inhabitants favor them and the Unionists
have become disheartened and are preparing to leave tne
country. The rebels divide into bands of two, three and
four hundred, and rove irom town to town robbing the
Unionists, and when those are not numerous, living upon
their friends.
A steamer arrived at Cincinnati with
a large number of refugees from Atlanta, who chose to go
north rather than south after the order was issued by
Gen. bherman, causing their exodus from that place.
Most of them were in comfortable circumstances pecu
niarily; but a few were taken charge of by the Refugee
Relief Commission of the city.
During the past week the United
States Christian Commfision sent forward about twenty,
five delegates, and two hundred and fifty-seven large
boxes of battle field stures, for the use of the wounded in
Gen. Sheridan's army. The Commission has a field
agent on the ground looking after tne interests of the sol
uiers. Mach suffering has been relieved through their ex
ertioES.
Six pajmasters, under a heavy ee
cort, started ter Sheridan's army on Saturday, the 24‘h
irst. to pay the troocs or that command. They take a
large amount of money with them, but cave ample mili-
Ury protection. Warrants to complete the payments to
the arm ana navy to date have been signed by Secretary
Fessenden.
Gov. Law, of California, baa issued
a proclamation calling on the citizens to enlist for a new
regiment of infantry, and to fill the recent requisition to
fill the old regiments Recruiting is going on briskly.
The State offers a bounty oi $l6O in gold for new recruits,
ai.d ssoo for veterans, and tenders $5 per month extra
pay
The prize steamer Georgia has ar
rived at New Bedford, Mass., from New London, which
port the put intoon Thursday la-t. owing to her machinery
having become disablad Tne Georgia was accompanied
ftom Nevz Ja ndon by the U. S. stearneY Florida, which did
not anchor, but having seen the Georgia safe into the b*y,
de parted on a cruhe
The draft is quietly progressing in
all the States, but volunteer enlistments being more
spec dy than the draft, all loyal and patriotic people should
urge forward rapid enlistments, in order to re-enforce
bhermau, ana enable him not only to hold his position,
but. also, without delay, to push on his campaign ’
There are now about 6,500 prison
frs confined at Point Lookout. Md, Twenty refugees
lately crossed the river from the Virginia shore, and suc
ceeded in reaching that place S»meof them are from
Richmond, and say .he news of Early’s first defeat bad
reached there, and caused the greatest consternation and
alarm.
Incendiary fires are reported to be
of frequent occurrence in Richmond One or more con
flagrations occur every night, under circumstances that
eacite considerable alarm respecting the sentiments of a*
least a portion cf the population of Richmond toward the
Jeff Daria dynasty,
NEW YORK. SUNDAY, OCTOBER 2, 1864.
A gentleman who has just arrived
in Washington from Montgomery, Ala , says that In that
city and within two miles of it ibere are 480,000 bales of
cotton. It is believed that our generals are ordered not to
capture it for the present Rosseau cou d have destroyed
it when on his raid but for these orders
Some ef the soldiers just released
from Libby Prison have reached Wasaington It is stated
that one of their number, while on the way to the place
of delivery, engaged himself in sketching the rebel de
fensive works on ihe river aud other places of iutere-jt.
For this he was raken back to Richmond.
Two hundred guerrillas plundered
the town of Keytville. Charon county, Mo., on Wedneilay
last, burned ths court house and all the nooks and ac
counts of the county and killed the sheriff and Robert
Carman and Wm. Young, noted Union scouts.
It is understood that arrangements
are contemplated for the purchase of the cotton of the in
surrectionary States, on Government account, ar d agents
will be soon appointed at New Orleans, Memphis, and
other points for that purpose, under the act of J ulv last-
An unusual number of bounty-jump
ers have recently been arrested io Alexandria, ani are
awaiting court martial One man is charge 1 with naviug
enlisted, received the bounty, and deseited twenty seven
times.
'lhe entire amount of greenbacks to
pay the armies has been forwarded to the regiments.
Many in the Army ot the Potomac will receive eight
months’ pay, the original bounties and re enlistment pre
miums.
Dispatches received by the War
Department from Newbern. N. C , state -hat the yellow
rever is extensively prevailing at that place, but is not
very fatal among tne troops. They are encamped outside
the town.
A couple of clerks iu the Treasury
Departmet t at Richmond are stated to nave stolen seven
hundred thousand dollars worth of • onfederate money,
and having converted it into diamondsand jewelry, made
for the North.
It is asserted in rebel papers that
an srrangement has been made for the importation of
30,000 Polish soldie rs for the rebel armies. ComraisHioaers
are said to be on tneir way to Europe to carry the ar
rangement Into effect.
It may not be generally known that
the pay due to our soldiers in Southern prisons can be ob
tained by their wives on the presentation of ;he letter of
proper vouchers to the Pay Depart ment in this city.
The War Department has decided
that a drafted man may furnish a substitute after he has
been accepted and in camo. When tne substitute is ac
cepted, the government will discharge the dratted man.
General Hood, just vamoosed from
Atlanta, is. or was. before bis defeat, to marry the daugh
ter of Wm. Preston, of Kentucky,the rebel minister to me
new government in Mexico.
The Government, says a Washing
ton dispatch, has not, apartfr«m newspaper publications,
any information of peace propositions, through the lines
of Atlanta, or from any other quarter.
Orders have been issued by the Na
vy Department directing that hereafter no substitutes will
be jeceived tor the navy unless they be seamen or fire
men.
A letter from Sheridan’s headquar
ters states that General Averill was relieved from duty on
the 24th and granted leave of absence for twenty days
The country may soon expect to hear
of a raval attack upon Wiimmgton, N. C. The fleets are
gathering, and the land force is ready.
POLICEMATTERS? -
. A Second Ediiion or the Virginia
Cattle Raid —The recent raid of the Confederate
cavalry under General Hamoton has been recentlv
edified by the expl it of officer Van Arsdue of
the Nineteenth Precinct. So at least thinks offi-
cer O’Connor, of the Twenty first Precinc'. UnforJ
tunately tor the United States, in their loss, they hid
ffortdress; not so with our trierd O’Connor, and to in
sure such redress he brought his grievance before the Po
lice Commissioners for trial. Tne following is the state
ment of Mrs. O’Conner, and her daughter, a little girl
aged about 12 years, which was supported by the testi
mony of her servant girl, and a number of juveniles:
A few days sinoe, her daughter was driving a humoer of
cows (of which O’Connor is, or rattier was the happy
owner ) from the East River where they had been wa
tered, through Fifty-ninth sTeettothe enclosure in which
they were kept While so engaged, officer Van Arslale
made his appearance and taking the cattle in charge,
commenced driving them to the pound in Seventy fourta
street The a'arm was given by the little girt, and i nstant
)y Mrs. O’Connor, accompanied by tne servant girl men
tioned above, and a large blacK dog, followed in the
track of the raider, aud on over’aking him. an attempt
at a rescue was at once made by the coinoined forces.
One blow with the officer's club and the dog retreated in
a demoralized condition The remaining force, undis
mayedattnis catastrophe, by a flank movement suc
ceeded in gaining the head of the cattle, and attempted
to start them in the direction of home. In this they
were foiled by the officer, who according to the statement
of the servant girl, struck net with his club iu a violent
ma *ner. and tore her clothing. Finally, findin; that it
was useless to attempt to rescue the cattle, Mrs • ) Coo
nor told the servant girl to to.low ‘.he officers (for in tne
melee officer Youngs had joined his comrade) to
pound, pay all charges, and bring the home.
This she aid. Toe complairants, ’hrougn their Attorney,
ex Recorder Smith, attempted to prove that at the rime
the cattle were taken r>y the officer they were under tne
charge of the litt’e girl above referred to It wa? also
stated that the cows had been beat by the officer with his
club in such a manner as to almost ruin them—the ser
vant stating that at every blow the unfortunate animal
struck was knocked down (‘lather powerful blows)
Capt. Hartl conducted the defence m behalf of his officer,
and despite his peculiarities of speech, evmced consider
able talent in managing tne case. Officer Youngs was call
ed to the stand, and testified that oa the afternoon in
question, in company with the defendant, he discovered
a number of cows in Fifty ninth street una tended by any
ore, and as is customary in sucn eases, they started to
drive them to the pound The witness was positive th it
no one had them in oharze. and that they were at least
three blocks from the complainant’s houe'e. After driving
then a short distance he left them in chargi of officer
Van Arsda’e, and proceeded in another direction. In a
short time he heard the sound of his comrade’s whistle,
the signal for help, and hurrying to hij assistance found
him engaged as above described He saw no at
tempt at violence on the part of the defendant
Officer Van Arsda’e corroborated the statement of
his comrade m every particular We are afraid the
complainant wid not receive the redress he so confi lentlv
counted on. Considerable merriment was created in the
court room by the passage at arms between th< opposing
counsel. An attempt was also made by the complainant
to prove that his cows had been driven off by the defend
ant through malice m account of an old grudge between
them; but it failed. The fact seems to be that in the
neighborhood where the complainant resides tnere are no
less than 598 shanties occupied by persons wno hive
’• yquatted” there. In the possession of these families are
innumerable goats, pigs and cows, which it allowed to
run loose would completely overrun the neighborhood
The police, under Capt. Hartt, have commenced a era
sade against almost all animals found astrsy. and of
course have increased tne enmity of their owners. To
such an extent has this ill-feeiing been carried, that rnauv
of toe officers have been threatened wkh death unless
they ceased their efforts.
A Fearjul Case.— Sergeant Wade,
of the Eighth Police Precinct, appeared before the
Board of Police Commissioners on a charge prefe*-
red against him by Mrs Anna Davis, keeper of a house
of prosti:ution at ho. 169 Greene street She stated that a
few days >ince, the defendant came into her house to re
cover some clothes, tne property of a girl lately residing
with her, which she had retained in consequence o r ' a
debt the girl owed nerior washing, and white there he
conducted himself in & rude manner. She finally’ applied
to him an offensive epithet and he struck her in the face
The defendant produced the mother of the above girl
whose name we suppress through feelings o sympathy for
the mother. She stated that her daughter left her a snort
time since, leaving no clue as to her whereabouts Sue
made every attempt to find her, but could not succeed
until a few days since, when she was inrTrmed by a gen
tieman that her daughter was in the above house of pros
titution. All attempts to communicate with her were un
availing. Finally the gentleman. under pretence of get
ting her a new dress, and tor that purpose, invited her to
take with him, succeeded in getting her from the
viie den. The statement of the girl to her mother was
that soon after her entrance into the house, she contracted
a loathsf me disease, and was then placed by tne complain
ant in an upper room, from which she was not allowed to
escape. If a soldier or drunken person entered the house
and wished to gratify his base passion, he w 3 .s gent up to
her, he in turn, contracting the disease. So completely
corrupted had the girl become, both in body and mind
that her mother wa< forced to send her to the hoanital on
Blackwell's Island, where she now remains. The poor
woman, ir. speakirg of the wreck th it her daughter had
become, seemed to be completely overcome, while th“
shameless creature wno had caused it, clad in the finest
and most expensive clothing, the proceeds of he- shame
ful i rade, stood by with an air of perfect froid merely
giving utterance, now and then, to an expression’of con
tempt StrgeantS’ater, also of the Eighth Precinct, staged
that some months since, while parsing No 169, his atten
tion was aftracted by the appearance < t a girl aged about
16 years, lying onthestooD in iron: of the above house,
insensible. He had her conveved to rhe station house
and on recovering consciousness, she sta ed that she had
been beften until insensible, by Mrs Davii and then 1
thrust cut of doors Ac-ompanied by an officer, he went
to the house and demanded to know the cause of the
beating. He was informed that the girl had ziolated
one of the rules of v-e house On beicu? asked what
rule had been transgressed, sbe replied that the girl
hkd been guilty o‘ the enormous crime of eating pta
nuts in the parlor, she furthermore expressed her belie '
that sbe had a perfect right to beat trie girls l. much as
sbe chose in her own house Fh-s was informed thit®e
must accompany the officers to the s;a’ion inuse file
started to go with them, oik, on rea-.hinz the hall, broke
from them and fled to the tnir I story. She was over
taken, and in the atte npt to ger h-r down stairs, so vi >
lent were ber struggles tnat every article cf clo’hlng wai
torn from her person Pre was rirtabv taken to the stt
tion-house, but the victim of her i l l -treatment was s i
worked upon by her feais that she refused to -»ake a
con plaint against her and she was dis charged The wit
ness further stated that the character of vie was ■
notoriously bad; thatastand! g .vverfh..-ment ft;’- • two '
young lady waiters, apply at . j 69 Greene street ” was
kept in the Herald, and that rows in the house were of
frequent occurrence. Sergeant Wade, th.- defeadaht
corroborated the above statement, knd added that on th®
dav on which the assault was said to have been commit
ted, the mother of the girl mentioned above called on
him, and after narrating the facts detailed to the Coart
added that her daughter’s clothes were detained by the
complainant. He called on her for the purpose of pro
curing them, and while there the complainant was very
abusive, and finally applied to him a low and abusive
epithet. In a moment of passion he turned and slapped
her face. The Court deprecated all violence, and dis
missed the complaint.
The usual number of complaints for direlietion of dutv
were heard by the Court, but the above are the onlv
cases of interest. J
"starltss anil gnlujnijni.”
Written for tte New York Dispatch.]
A NATION’S PRAYER.
By J. Henry Hayward.
God of our father, now extend
Thy one gracious hand.
And grasp from leu oertruction’s pow’r
Our poor distract d land—
The land so blessed by Tnee with all
▲ nation could desire.
Where, like a beaio i for the world,
Has burned dear Freedom’s fire.
God of our fathers, still the storm
That sweeps across our shore,
And into every throbbing heart
The sweats of concord pour ;
Bid Thou the winds oi pasrion e:ay,
The waves of ar ger keep—
No longer let the r earful pale
’Round Freedcm’« cradie sweep.
God of our fathers give us light,
Turn darkness into day.
Let wisdom m-our catr cil® sit,
’Mid those who would betray
Oh ! yield them light that ifivy may see
Bow fearful is ton blow
That gives a nanon to despair,
Ana Freecomup to woe ’
God of our father-, He who tea 's
The soul s least whisper’d prayer,
Now listen t<- our people’s voi-c
And take them ueath th ? care
Tbv hand N mighty to prou ct
Thy vui e the r ead tt.aj wake—
Stretch ferth thy hand—cn! speak the word,
For our dear cuumry’s sake !
Entered according lo acr. r f Congress in the Clerk's Office
of the District Court of th a Sout nern District of the State
of New York, by Amor J. Wiliiamson,
WHO Win. WIN
BY P. THOMSON, REPORTER.
AUTHOR OF “ THE FORGERS* FAMILY,” “ INFATUA-
TION,” ETC., ETC.
CHAPTER 111.
A RETROSPECT.
For the last oue-and-twenty years had the
great suit of Livings-on against Roebuck bsen
at issue, and yet “ Who Will Win ?” seemed a
problem still. True no record of this great
case can be found in Chancery, although the
questions involved were equity in all its bear
ings, nor can the con'estants’ names be found
in that Court which of all. others in every con
tested case, involves, more or less, a domestic
history of sin, insanity, crime or shame -the
Surrogate’s Court, nor do their names ever ap
pear on the calender of the Supreme Court,
■whose dustv archleves show lengthy litigations
that are none to its cr -die: in neither of these
courts do the litigants appear, and although
side issues of the great case itself had been
disposed of in the Court of Sessions and in the
Court of Oyer and Terminer,yet the greit, suit,
the great iissne itself, seemed as far as ever
from settlement.
For the purpose of comprehending the
bearings of this great, suit of Livingston against
Roebuck in which plaintiff and defendant have
often changed position, it will be necessary to
revert to the stirring incidents of a few years
previous.
Ten years ago. ah ! how quick catches iu
the eye every little circumstance of time, and
when past, bow short it seems to him whose
life has been a mouot-mous round of everyday
same occurrences—but to him who has suf
fered persecution and the punishment of a
State prison innocent.lv and unjust]v what an
awful retrospect is there to review?—how
deeply seated sets the orbs of thought in the
biain ?
Ten years ago! Then Frank Livingstoii
was a school-bov, a merry urchin, pleased with
the sight of the ’siinplest flower of nature,-
amused and delighted by the slightest b lub'e
of a toy. To-day he is recorded on the hooks
of a criminal court as a hardened offender,
about to be tried for 'mrglary in the first de
gree, second offence ; the shy, backward youth
of ten years ago, was now viewed by the com
munity as a monster in crime.
Ten years ago, we find Frank Livingston in
a quiet, retired country boarding-school, loca
ted a short distince fr<-m the city, with a num
ber of other boys of h s own age. Where he
came from, then nobody knew, nobody c.ired,
and why he went there he knew not himself.
From childhood and upward, far away back
as memory extended, he had drifted about
upon the ocean of life like a waif on its sur
face. No money was spared upon him, yet he
was clothed not as other children ; although
often nearly in rags, money to spend was fre
quently given him, yet he was never asked to
work, and as for associates, he was encouraged
to mingle with those in the lowest strata of
rascality. Rut young as he was, his observant
eye could not help detecting that those with
whim he-was placed, of shabby gentility and
fawning manners, had very little respect for
the goods, tbe good name or good will of their
neighbors. They held it to be man’s chief end
to protect his property by bolts, bars and locks
of the most ingenious kind ; and on the other
hand it was theirs to experiment pn their se
curity. It was ,on the one side a question if
science to keep out on the other to get in.
The only hereafter the get ins dreaded was the
gallows and State prison. Every thing with
them sprung from na’are—and God was na
ture—and consequently there was nothin? to
be wished for, and feared for, but the present
and the future of this life.
This was the school in which Frank Living
ston was tutored. *
He had many preceptors and homes. He
•wasmoved from house to house, home to home,
and put under preceptor after preceptor, bat
invariably all were receivers of stolen goods.
Such was the ordeal through which Frank
Livingston was passing ten yeais ago—such the
example set him —such the principles instilled
morning, noon and night into his plastic mind.
But notwithstanding his evil surroundings,
he still retained to the astonishment and cha
grin of his unprincipled preaeptors a persistent
respect and regard for straightforward honesty
of purpose. Although often asked to be an
•utside participant in crime in a'manner in
which there is no legal offence, and only in a
lemote degree a breach of the moral law, he
faithfully resisted the pressure brought to bear
upon him. He had undoubtedly an acuteness
bejondhis years ; he discovered that, although
/its masters, they could not force him into
ctime ; their power ceased when persuasion and
temptation failed.
Frank, when removed from his associates in
the city to this seminary in the country, was
himself ashamed to speak of those with whom
he had here’ofore lived, and, indeed, the prin
cipal of Humble Bee Seminary knew as little
of the pupil as the pupil did’of himself. A
year’s board was placed in the principal’s hand,
with the simple injunction above all things to
make him a first-class penman, at the cost of
every other branch of his education. In this
department he was to be made proficient. It
was a singular injunction, but the principil
lived by patronage, and to secure it, his duty
was to obey and flatter his patrons. The cor
ner stone ef success of ail private institutes is
fawr ing flattery.
Young Livingston was of a very retiring and
forbearing nature : circumstances had led him
to curb his tongue and still his passions. The
1 MI ill ■■fc
lb I * l
Jllf " i h W ill
MBNUI
1 ■ w®
g. ‘
“ This is Brandy, Is it I”
mystery attending his birth, his supporters,
their character, and the professions of those
among whom he was involuntarily thrown,
excited much uneasiness in his youthful breast:
and this timidity on his part, exposed him to
many a practical joke and insult when he en
tered the seminary, all of which he heroically
and patiently bore, anticipating that time
would eventually make friends of those who
persecuted him.
His history had been one of trial, vexation
and sorrow, but his short experience of life at
the seminary capped the climax. In less than
a month he heartily wished himself back
ameng the thieves with whom he had been
brought up. If insulted, then it was by men
far beyond his years, who, by reason of age,
were privileged to exercise that right, but here
there was no difference of age or rank. To be
called a spoony, a sneak, a Five Points lout,
and other epithets o' a similar import, was
more than human nature could bear, coming
as they did from boys of his own age. Among
all that crowd, the scions of a hastily spanned
aristocracy, he found but one friend, Dick Co wl
ter, a youth of his own age, who sympathized
with him for the very simple reason that by
every one else he was persecuted. From bad
to worse went matters, encouraged, it almost
seemed by the principal himself, an old Scotch
dominie, who had squatted himself in this coun
try, and by liberal advertising and obedience
to the strict behests of guardians, obtained for
the Humble Bee, a social status in society. It
was evident that a collision between himtelf
and his school-mates or the principal must
soon take place.
From the youngest up, the opinion prevail
ed he was a cowardly submissionist. How
much were they, like others of riper years,
mistaken in appearances? Forbearance may
appear to be submission, but it. never is.
“It is impossible to stand this longer, Dick;”
and as he eaid this, an unbidden' tear trickled
down the cheek of rhe disheartened youth.
“I don’t wonder a bit at it,” was the very
natural reply. •' The truth is. Frank, if I were
you, I would chance it, aud I II stand by you,
I’ll see you don’t get it very bad.”
“ I don’t understand you ”
“ Why, fight some of them.”
“ Is that all
"All I why that’s enough. Perhaps a black
eye, a punch on the ribs, and a sort of stiffness
■in the body next morning—that’s all. If yon
can stand that, why I'll bet you won’t be in
sulted after, whether yon win or lose.”
Frank mused a moment, looked his com
panion closely in the eye, aud at last, wi -h a
firm grip, seized him by the arm.
“ And you will stand by me ?”
“ Certainly, certainly, Frank; bat don’t
hold so hard.”
“That’s all?”
“ All,” rejoined Dick, thrusting his hands in
his pockets, and looking Frank in the eye for
an answer.
" They shall have their choice. They will
know to day that Frank Livingston is no cow
ard—that he can bear, forbear and retaliate.
I tell you what it is, Mister Bichard, and don’t
you laugh at it, there is a secret about my own
life that I don’t know. I never saw the man
I could call father—l never saw the woman to
call mother. Isn’t there something lonely in
that ? No mother, no father ! But isn’t it far
worse than all not to know who either were ?
Nobody to lay claim to, nobody to be claimed
by ? Dick, Dick, isn’t it lonely ? It makes
me think of one of your great big oceau-hid
rocks, that got there nobody knows how, no
body cares Why, despised and considered insig
nificant until a low tide and storm comes, and
then woe betide the ship that strikes the cov
ered rock. I talk like a philosopher, Dick,
but I am prematurely old. I have suffered
much. They could not freeze this body to
death, although they tried to; it must be
made of more than iron. They tried me mor
ally, arid failed. But, Dick, although I know
a little of my bringing up, I say this in confi
dence, and that is why I have borne the in
sults of these imps, there is not one of them
that I couldn’t in a fair stand-up fight knock
senseless in a very few minutes. I have been
tutored —aye, Mister Richard,” and again the
tears trickled down the cheeks of that pale
faced, forbearing youth, “ as no other boy has
been taught. They have tried to learn me ev
erything but that which would be of benefit to
me, and but one thing have I learned, and
that is—well, you will see it, Mister Richard—
I mean to fight every boy in this school that
has insulted me—stop, Mister Richard, only
on certain conditions.”
“ Hurrah I” halloed Dick, swinging his cap
high over his head. ‘ 1 Bully for you! ’ ’
“ But only on one condition.”
"Hang conditions ; fair play—that’s all you
want, isn’t it ?”
"All.”
“ Then what’s the use of talking about con
ditions, like diplomats, who say this thing or
that thing would have been done if it hadn’t
been for the other thing, or great victories that
would have been accomplished but for the
mud and splash to be walked and waded
through. Go it if you can ; if you can’t, say
so. You ain’t like a major-general or generals
or brigadier, or what you call them, that live,
in one of these big tents, with a telescope or '
OFFICE, NO. IIFRWORT BT.
opeia-glass. that’s counting the fellers as they
i fdl, and when he thinks it’s about time to
, clea<, with a fair square chance for himself to
escape and the sogers to limp along, he says
retreat I say, Frank, them’s none o’ your
chances.”
“ One condition,” I said.
“Hang conditions! There would be no
fighting if folks would be reasonable and listen
to conditions. What’s it, Frank—something
unconditional ?’ ’
“No, Mister Richard. The proposition is this:
If I fight with one, all must fight that have in
sulted me—at least those to-day that desire it.
That’s the condition. One at a time, and the
time limited.”
“Bravo ! good ! Frank, I’ll back you.”
“ That’s all I ask. They have all chal
lenged me ; and, Dick, they will all get satis
faction. You will see what I can do. Here
they come.”
What a downfall was before them! The
boys ceased to talk as their associates approach
ed them. The moment Frank was seen, he
was subjected to the usual amount of raillery.
He bore it with a sarcastic smile—a smile that
betokened a storm, a quivering of the leaves
forewarning a tempest, which the unthinking
set down for fear ; but the quivering of that
lip was only a welcome to the storm to come ;
it was a wish to bear it. As his associates
came from the play-ground, he received the
. usual epithets that had greeted him upon his
appearance there.
“ Boys,” said Frank, and, as he spoke, there
was a twitching under the cheek bones and a
twittering under the eye, which is often felt
by those who wish rather to fight than palaver,
when they know that blood must be shed.
“Boys,” he repeated; and again suddenly
ceased to speak, while he gazed on his associ
ates with firm, fixed eyes.
“0, golly!” exclaimed the throng; and
one more venturesome, had approached from
behind, and attempted to play a prank on him.
Frank saw the movement, and in a twinkling,
seized him by the collar and the loin, and
hurled him forward against his most bitter foe,
Turner.
“Bravo!” shouted Coulter. “Any more
wants to try it on ?”
"Boys,” continued Frank, after again re
folding his arms, “you have called for a
speech, some of you, and some of you have
cried ‘hear,’ ‘hear.’ You have done what
you could to insult me. I have been insulted.
I shall take no apology,'now. Let those, who
have- insulted me, step forward ; let them
come, bully and coward; let them come.
There, that’s enough. I have been challenged
again and again to fight, and insulted time
and again, because I didn’t. I shall do it,
now.”
“ Good!” shouted forth twenty voices sim
ultaneously.
“ On one condition.”
“Eh! what’s that? The white feather?
The flag of truce,” sarcastically remarked the
bully, Bill Forture.
“ That’s enough,” Baid Dick Coulter, inter
rupting Forture. * ‘ Frank means to fight, and
will fight, or I’m mistaken. If he won’t, I
will. Now you that’s in for a fight, stand one
side. His conditions are, and I stand by him,
that he only takes one at a time, and five min
utes of one at a time. He has forty-five min
utes to fight berore roll. If that’s agreeable,
say so ; if not, say your licked, and never show
your faces again. Those in favor, say aye!”
“Aye! aye!” rung out the excited young
stere. ■
“ Bill Forture, your first; choose your sec
onds; there’s no time to loose; nine to be
fought in forty-five minutes. Choose your
seconds; there’s fun.ahead. I keep time,”
said Dick Coulter.
“I want no seconds,” said Bill Forture, as
he rolled up his sleeves and began to show his
muscle and scientific strokes, here and there,
in thin air.
Frank, in the meantime, had quietly divest
ed himself of his coat and vest, and rolled up
his sleeves.
“Go it, spooney !’■’ was the universal shout. ■
Unmindful of what was said, he walked up
to Bill, holding down his hands, all but butted
him on the nose, stepped back before the blow
reached him, put up his hands, and stopped
for a second or two Bill’s approaches, then al
lowed him to come and let him pass. Up
came Bill puffing and blowing ; Frank made a
feint. Bill rushed, Frank stepped aside, and
caught him in a moment under the left eye,
and down he went to “grass. ”
A faint cheer went up for Frank. •
“Time is up,” exclaimed Dick Coulter, as
Bill was about to enter the ring that had been
temporarily formed. “ Time is up, I say.
Next.”
Jim Turner, second on the list, came for
ward.
“Go it, Jim,” said the urchins, “ but look
out for that left mauley of Spooney’s. It’s a
peeler.”
Poor Jim made but a poor show. Frank
made a feint, and Jim thought he had a glo
rious opening, and in he rushed and made a
dash at the nasal organ. This was exactly
what was wanted. Up dashed the hand, in
went the tremendous left of Frank under the
NUMBER 47
hfc eye, and down went Jim on the grass as
flat and as helpless as a lobster on dry land.
“ Next,” shouted Dick, in great glee.
Foiward came Bob Sutton, a game but at
the seme time conceited little fellow, but on
this occasion he came up with great trepida
tion. Up went his guards on the defensive—
covtring the face, leaving the body at large.
This time Frank led off. He made for the
•face, but hit the mark, wildly about flew the
hands, as he was partially doubled up, in went
that powerful left under the left eye, and down
went poor chop-fallen Bob Sutton.
“ Next!” shouted Dick, in a delirium of ex
citement. “ What do you think of Spooney,
now ?”
One by cne they came, and the same scene
was re-enacted,! but as the list progressed, ..
slower and slower and more reluctantly they
came, until twelve of the Humble Bee gradu
ates had been placedAors ducombai — most igno
miniously defeated, each with a blackened left
eye, while the creature the'y called Spooney
was unharmed and scathless, and non-coinbat
' ants and neutrals slinked one by one from the
scene of action.
Every one of Frank’s antagonists had been
hit upon the same spot under the left eye, and
as a natural consequence there were twelve of
the Humble Bee pupils with an artificial color
ing under that singular spot. The artist’s pen
cil could not do justice to this comical philo
sophical view.
“ Oh, golly ! what will dornine Hecker say?”
exclaimed Coulter, after the hurrahing and ex
citement had abated.
“He can do what Ke pleases,” was the re
joinder of Frank. “I was forced into the
fight—l have had the best of it. He knew I
was snubbed by the boys— he encouraged them
—he brought these proceedings on himself—he
is paid for it or lam much mistaken. For
some reason or other, best known to himself,
Mister Richard, he gives me a strange sort of
education. It is write, write, write, from,
morhing until night. lam taught to imitate -
this, that and the other one’s handwriting, and
singular to say, every piece of copy seems to
be most carefully preserved. ” *
Suddenly the tinkle tankle “ take it or want
it” of an almshouse bell announced the re
opening of Humble Bee Seminary, and dis
turbed the colloquy.
Frank and Dick were the last to enter the
school room.
By ernes and twos did the boys shuffle in, in
stead of as usual helter skelter. Evidently
something extraordinary had happened, and
they could not help betraying it. This is hu
man nature all over. The thief is more fre
quently detected by his attempts to conceal
that which nobody but himself knows, than
by the keen perceptions of the detective offi
cer. Guilty men are always trying to discover
if other mtn possess their secrets. Thus they
are discovered. In their anxiety to be above
suspicion they create it. The criminal’s own
uneasiness is the first step toward his detec
tion.
This was exactly the case in Humble Bee
Seminary, just as it is in every-day life. In they
came by ones and twos, and took their places
in the school, and quietly, instead of boister
ously, resumed their lessons. That group of
twelve, all in one class, the seniors in the
seminary, was a comical group. There they
sat and worked, each with his left elbow rest
ing on the desk, while the palm of the hand
covered the eye. Their vain endeavor to con
ceal what was inconeealable called the atten
tion of the dominie to them. Had it been a
younger class,* the dominie might have con
sidered this phenomena a frolic to excite
miith; but it was the oldest class in the
seminary, and from the youngest upward each
preserved a solemnity of face.
The singularity of the scene struck the do
minie as unnatural and assumed. At first, Ke
thought it was a trick on their part—a con
spiracy on a small scale to get up a laugh at
his expense; but. as nobody enjoyed it, his
quick perception saw in it something more
serious than outside matters portended. It
was no trick or device to bring him into dis
repute. There was neither a smile or a snick
ering laugh from either corner of the room
, The dominie looked on patiently from his
upraised sentry-box at the end of the room, as
dees a keeper in a State prison on the convicts
before him. The old dominie, although a
tolerable scholar, in his Scotch dialect, made
woful havoc of the pronounciation of the lan
guage he taught.
“ Heth an’ I’ll sune see what a’ this means,”
murmured he to himself, as he surveyed the
scene before him over his age-worn spectacles.
“ Jeames Turner, I want you here.”
Turner was the nearest on the row of the’
twelve black-eyed youngsters, and, as a natural
consequence, was the first likely to be called
up by the dominie.
“ Sir,” sard Jim, lifting his head, but at the
same time shading the wounded eye in the best
way possible while gazing at the dominie with
out budging from his seat.
“ I want nane o’ your sirs, Jeames ’turner,”
was the sharp rejoinder. “ When I call yon
or any other boy, you maun come here, right
away. Use your legs a little smerter, and walk
up this way.”
Reluctantly and slowly, up came Jim Turner
to the dominie’s desk, betraying at the same
time a great deal of perturbation. Up he went
to the desk, blowing, and wiping and blowing
his nose, and wiping his eye. There was a
wonderful running at the left eye.
Jim stood at least three minutes before the
dominie ere he spoke.
“Jeames Turner,” at length said the domi
nie, petulantly, “ tak’ that linnen cloth frae
yere e’. Ah ! eh ! that’s it, is it ? Wha was
fichting noo. Eh! you won’t tell me. Well,
I’ll make you, or my name isn’t Hecker. Tak’
your seat, Jim Turner. Robert Forture, come
up here ; I want to see you. Well, were you
and Jeames at it again ?”
“ No, sir.”
“Wha then?”
Bob made no reply.
“ I’ll sift this matter to the bottom,” mat
tered the dominie, to himself. “ Tak’ your
seat.”
One by one, the luckless black-eyed bovs
were brought up before his excellency, but in
variably all were dumb. .
“I’ll find it out,” murmured the dominie
to himself. Sandy, my lad,” said the dominie,
calling one of the urchins from another class
in a coaxing tone. “ Sandy, my lad, come
here. Ah ! you are a brau lad. You’ll be a
great man yet if you behave yourself; Sandy,
you might yet be as great as Washington
himself. 0, you saw that great fight out
there, to day, didn’t you ?”
“ Yeth thir,” replied Sandy, innocently.
“ Eh, you are a clever boy, Sandy. You’ll
be an honor to your mither yet. 0, how did
it begin, Sandy?”
“Well, they all thed Frank Livingston
wath a cowa’d_, and Frank thed he wathn’t,
and they thaid he wath no cowa’d, aud he
thaid he could lick them all, every one in the
’cool, mister and aR, and Jim, an’ Bob and the
reth all thaid he bio wed, and thaid he couldn’t,
and, 0 my, didn’t he, tho’, arid ”
“That will do, Sandy, go and take your
seat. Your’e clever boy. That’s.it! Well,
I’ll subdue him. I’m paid a pretty good price
for that young rascal Subdue or spoil him
are my instructions. I have my choice. My
choice is subjection. I’ll subdue that wild
spirit before I get through with him. Frank
Livingston, come this way.”
Somewhat flushed, as well he might be, after
passing through this fearful ordeal, he walked
up to the dominie’s desk, and confronted him,

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