Newspaper of The New York Herald, 5 Eylül 1856, Page 1

Newspaper of The New York Herald dated 5 Eylül 1856 Page 1
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THE NEW ^HOLB NO. 7311. MORNING YORK HERALD. EDITION-FRIDAY, SEPTEMBER 5, 1856. PRICE TWO CENTS. THE NICARAGUA TRANSIT COJPANY. Charge of Kvtr.nalve Frauds upon tike Nicara gua ituiUt Company hy an Ei-Mnjor of Ban Vranetaco? Order of Arnit, and isall Fixed at $130,000. SUPEKIOlt C00KT ? SPECIAL TERM. Before Hon. Judge lluilmui. Sut J. ? The Acceuory Vramii Company n. Cornelius K. OnrrtsoK ? I tic defendant iu this case Is ex Mayor of dm Fiancism, and *as employed b/ the Trau.-it Couipau y as agent ol their line of steamships between Ban Francisco and San Juan Del Sur, Nicaragua, In the yew 185u, and Continued 'n th&t office up to March, 18i>6, when Genera Walker, at bis instigation, as is alleged, commenced his Crutade against the company. Daring the period ol'Oarrison's agency he received for acoount of the company upwards of three million aud a ball' of dollars ; liia compensation was liberal, bom,' $60,000 per annum. This action u to recover the Bum of >..00,000, lor alleged deCaloatioaa of Yaried arrt (iccuHar descriptions appearing in the com plaint. The principal act* of alleged fraud, a* far as they hare been yet developed, consul ol rubricated vouchers for Urge stuns, and of false charges for prices paid for coal and ot!:er supplier It Is alleged that the defendant by bis system of fraudulent practlccs has embezzled up wards oi half a million of dollars. It upp. a. s. aUo, that he left Han Francisco since the comment tment of the lato excitement in that city, and Came to Ni w York. The Accessory Transit Company, plaintiffs in this ac tion, ccmpu'n aganot Cornelius K. Garrison, defendaut herein, and al'ego that these plaintiffs are and were at tboaev^ral dates hereinafter referred to, a crporation created by the republic of Nicaragua, in Central America, ? nd were up to the month of March, 1866, engaged iu thd busings of transporting passungers and Ircigbt betweeo the cltlei- ot New York and San Francisco, California, anl between tie city of N?w Orleans, Lo Jisiaua. ana S*n Francisco. aforesaid, by way of the Isthmus of Nicara gua. Tbst fcuch transportation was accomplished by meana K stein.- belonging to the.-,e platntills, and plylug twecn the i?rt of Sau Francisco, aforesaid, and San del Sur, on the Isthmus of Nicaragua, other steam ips belotig'tig to these plaintifls plying between the titles ol Sew \ork ?nd New Orleans and tlie port of San Juan del None, via said Isthmus of Nicaragua, and by means of other conveyances by laud and witer acrosi tha l:<U.i;;i - Nicaragua, ccnntcliug with the said lines |<>f t'eamslilps. lt< at lor the proj or coi duct ot said business, agencies ere citjtbi.ahtd by these plaintiff's at the city of San Fiai-cbco lor the management of the steamships plying between San Francisco and San Juau del Sur, an 1 at the ;lty ol New York for the management of the stcam hipe of the paiutltTs plying on ttin Atlantic ocean. Tb?t the principal place of business of these plaintiffs as at their oiflce in the city ol New York, where the dent ami directors of said company reside! and their meeting* were lielJ, and that tte accounts of the various agents or ?aid coniiany were rendered to the said com my at their iflice in the city of New York. That the duties of the agent ol said company ?t San ?Friiticisi " consisted of .selling tickets for passages, collec Htinf the pasaafe money ant fie: . lit, purchasing coal, ?rt/Vlsiotis and other -uppltes. for the use of Sai l I'aciQc tea's bl , paying the disbursements an l expewci (thereof. tak :ig the general care and mana/ement o' said teamsliip-. anu rendering tr"'' accounts of his transae ?t'.oiio M MM ? aid conipany, at t:io city <if New York, and ?em!t!:i"; ; > at tbat place the moneys trim time to ime u hu hand as such a(ebt. That on tte 21th day of Jauiury, 1853, by * resolution iftheUoml ol Directors of the slid company, the Vice resitted tuereof was author .zrd to outer Into au agree nent on In-half of aid company with the dt- feud ant, for ?ins em ( . y tri-ut as agent of said omrany at San Iran itaio. Tbat on the 1st c'ay ol Febraary, 1863, the saM compi iy (acting thiccgh thtir said Vice i'rcildent,) entered tito aa at ? cement m writing, with the defendant, for his ?employ met; as agent of the said company at San Frnn ?clscn, wttck tgTMMM Is subscribed b/ the deteulant ,ud the \ tee 1'icaldent <>i the pla'.minj, and is m the words cd Ilgurts fbilowtrg, to wit: ? <i?rtti:iil Tfltl ACI'KS?..t;v Thassit OoHrAar > ( . NiCAaAUCA, Maw VfutK, 1*1 February, IN53 ) I>ea? >'i. ? It i? i:: de"- "imhI ai.d agreed between Una conn,* by m.<l ? i - i eft. <iuit r-M ire:. , mc ???.! t. > K?n t r.inei-c ? hi-'e tii t. har;. m giifril ..gent, an. i aaanatc tbe inv uageajeu ;?? audi. of ihe ii.niiiTi beli^W to til ? ' i>tii|>.?n y. raduiR tietMien S?n Franel*> and Miu Juan del Su?, an t iirnini: |I II t ti ? c irniiatiy'a !jie biiven New V ir'. an I Sew Hi rinijni: >..n Ktuiiclwo, i r.j-i Uie trtiuau r >>ite ot ibe eouioaiit The re r\ ? . * yon arc to'i emlor ar ? in Ji aa are cuatom ir7 i i ?urh nun. *ein, ti : , mcctying and collecting pa?..?^<* in iney ? nil hi if.li: and in ? u.e, .m ,.!:iic Lii^ diaimr.e uietn> uuil i- ?; tint jou are alao to provide and pur cha?e on m i wot of the i.nipaiiy. lie rotl th?. i.r m quired for he i m the o..npu,i> a ateiunera under you rbarge, tin- i?*t and expt-n ,< tbci I to l e reluihmaed t>y ill Cin.prnt . An a c..in,if! an'M ti lor theme aervleea, yon are t<? r--e:\e a r :.nu'?i. in live per fTm on receipt*. ind tw .1 and a half pa cen'. tin I., ' >?! <etio ..la, *??)? '111- 1 ... - \ that 11 the > ?ve late- of 1 omnit "ui -lion: t ' "H ' 'i'n tn yon lit in I-" in. > s ?toy Mi'" .ind 'ini'.ira cer muu'iiii. Jim a. to ratnm aueh in eerx, ll ii' . 1.1 the ooaipaii) . bill 11 on rliar^tOK two .I'i'l t bat |iei . ' ni.iuii~j? i>n ,i.m. ..u re.e ?(.:< a.i.l di?:nn\?"ni .1 ? t:,c ) II IU n, \ on ahmilj lie mure ili."? - i v t y 1I1.111 ind d.ida per anni'lii. ??.. * ill then lean! i>.| to my ei.eea over -Oxl* Umfar' 13 c ..11 a 'hat a uimiiiiaaini of i'j per ceut a., round may ? ai 11 . n ion. I une.1l. Ii |? f. I tti. , 'I id.-in'o -d and nf "e I thft* von are no? to a>" a* ?g>- 't I in., oilier ate Iin. * on th ? IV-ui'-, ?-irepilug th-we bei^iig'fg 11. t ?? company or mn h ?< ut.?) he nmue.' - I e* clu-dvel) villi > aouitiatiy - tine. Tun rc-uricUon 11 not to ?1 pi; 10 .1 I I . 11 U !. .III ? it I' 1.11m I in I) irj'.? act or t ? ? unified with th"re. Thi* r<wi ' \ n 11 dai .igreemeM, hall erlel In fur ?? f ir laro ye.iia t' . 111 thia date, lam verv reapectfuily. your obd'l mr rant, JA.i. 1?. 1'. <j?ll)ll.V, \ Ice I re?i lem. C. K (ii' -isox, Ka.|. I acreot ll e above propoaltionr. and will alii 'e by Ita t"rm? ami rotulltania. K. OAKKISON. Thai ,il 1. r the ttakiCf o(.?ai.l a/reetrn.nl,"tbe, ilelaodtnt let I Uie c ty ?f Nea Vork tnr >aa KiMCMOO, wli ire ba ?rnred prior to the tir.it ?'ay of April, 1S53, oa which day be entered oo the perfortnaoce of his tluliea 'an a^out of the pla litftlR at -an Ftai.ctsoo, under and in parauan:e of Mid Bgre ni-?nt. Tliat ihe dtfrndanl continued to eserctae the oHlje of ?Rent o( theie plrintuN at San l ranelaoo, under aaid ?yrecBent, noil! the month of Kebrtiary, 1H5.N, And it csc pialolifli furtliur ftlieRo that in the mnnth of Telxnary. lUi. tbey entered lutu a further agri-emant. in Wrttloy with Uio defendant, whereby the term of hU afi'ocv 'or tbe aal'l uomfiauy nt San I rnnenco *?i cod Untied up 10 the ."lit day of March, 11&i.. that the la.it nirnllour') agrermuit wan ?ub<!cribeil by Mieae piainlilU, through their Vice President, an i by llio raid defendant, and U in tin- word* aai tlgure* following, to wil ? orncc or ina Air?.??o*r coaai-air? ibwo?a<. oi ? nnrnv tm* aci khoht thimit roarer ttrn c. a. nanniroa, k h,, maiik 01 ns ituar hat 01 rarer am*. l?Ai. It la Wrabjf wiutuaity aareed th?t J*r. ilarr.aoQia In eon Untie aa the agent ot Uie company at Sun Kraaciaeo up t.? Ihe Slat day of March. 1KW, Inci'wlre. and la in perlnrni Ui ? ?ain? aerrl< e? a> heretofore In mvnaaing the ahlpa rmployeil in the Company * line Irom San Fr-vn. i?-ii to H?n J in. idol Sitr, Wbeihi 1' aald *hipa areowued hv ih* r irnpany or 110.. an I all (yirnm !>.?". n? rh.irged to aaid ahi| ? are alike to lie brotlvit Imo tlM a< etiqitt tn the aetiiemr*n 01 ih? rn? taalnn aeconat 1 ?t the end of iheyear ternnuktiua tlai March |a.?>. th. ta-u* aa if all were owned by ib<' couii an/, eacep Una only anc'i mmaii??ioin aa may he rhari;- d tone owners of the Rieria Herada ? Idle running in the lire- a? at preartK. Mr. tlairln-m ta alaoto pnrchaan ?mi-Ii coele l"r the n?? ot the ateaim <a aa the company m il not lind It fur 'heir luter??t to ahlp to fan y ranemco or fan ' 111a Aaaion'|icnauii u. Mr ttarria..n i< to charre a c n?i i atoll of a uet cai*i.t bi< rei-?lpta of money and 2lt per ren upon iliab>ir?etrt?irii m theaani". and at the end o| tlie yen la lo repay <0 ihe ei.mpaey an; etc w of commlaaioiia eh >r(ed In that pet**: lieyanl IH.W; or If per cent upon tiia re ceflita arid dta'nira^merin will rieN 1 more ihin $*1 Mt, th-n ia to r?pa? Ihe eieeaa bejond ^1, p?r t ent all round The e<4Wpanv ? fumla are to he promptly n mu e.1 wiliionl ? barge of romm iMia, nor ia any lo oerhar;e1 lor draaing bllla Bpon the r vmpany. All reatrleiio'ia in the contract of lat February, IMl are 11 bacontii'iie'l in tnia ike aunr aa u recited herein. ?. K. iHR?I.Vi\, ^ Till W. Vice Trealdenia Aecrtaory Tranali I'einr.iny. If rw Vot a r.th rrbrnaty, 1V4. Tiara pu'g -ance of tbe la?t mentlonei) agreemenl the MUd detetdant ctnunued to net aa the agent of tbe<a K" lot Ita at Sail KrMMbCD, until Die discovery of the uda hrrrtn after aet rorth, alVr which diecovery hla ?atbori'y ?? agent of tbeae plairli 14 wa? revoked. Aud th ??' plnintifla farther allege that from time to lime (Iit'if.g the jierlod ol hla a ocy for ihcm, the ani l defendant liae rendered ascounia ti the*e piantrl t at the city of New Vork, p irport t/g to h:' tbe a -coin'* of tita tranaactiona aa agent of lhe?e platntlfli at - in fran rtoco, by whi.-h arcounw ao rendere't it ap|>eer? mat he bad, up to the 5th day of April, 18ri6, rtselreil for ac count nf the?e plaintiff*, and oftli lr moneyg, <inee th' fret of fthruarjr, 1863, tbe paaaa^e money, Iretgh1 an 1 Oifeer mr eye rf thraa plaintive, collected by him at thm agen at Saa Frisctaco aforeeaid, the ?"m of three m I liona tbree hundred tbouaaml tire hundred and eigbtoeu dollar! nail even cent*, t tat he bad alao. up to the dat taet mentioned, rei etred for prooeela of aale of 0*1 o Iheae plaiiitida, told by the defendant at Kan Franciae.o, th fnrtber anm ol twenty ronr thouaand eight htm Ired an-1 thirty one doliarti and nitty reven rente, and that he ha I alao, daring the eame period, dra?n draft i upvn tiei plaint! t? lo Ihe amoun; of one hundred and forty ?e?(?n thousand ? ght hundred and aeventy one doWan and any rente whit h .trade have been paid hy theae plaintiff* making tn all the <001 o1 three an imaafour hundred an I aever.ty tbr'e thoiaaad two hundred an! twenty on tloilaraiit.il twenty lonr cant<, lor which Use aall defend ant ba?. by hw r wn aci'ftnnla, rendered by bt*a to the^e plaint. 1. ?t knowiedged bimiiell to be accountable to tbeae ptaiDt And theao plaintiC' allege the fa?-t tol?a that the am net appearing by the aaid acconrte to bam heeti recelre I hy the ilefetiitii at. and next hereinbefore ?tate I, waa art ially rart-ired hy him and thev allege on inllrmation and be lief, thai I'ma-;. tbe peiiod of thu rani afney tbe de lend ant aa an 1, afent, re<- red ovber rooneyj belonging to the t ;> n u to a very large amount, not c.reilltiwl tl tbe plalnti .'?* ,n the aaid aocouate, an I the roeelpl woer>?of be baa r.ol re|>o- ted to the,. . , a nt :la. which laat m u tloned iie neyp, or anao* part Iheroaf, the del ndant h n franc' tently applied to hi* owh n(e hut the amount titer rot tlie-e plalatin'r are unable toapeclfy. And t.i' ??? p..nntiira further allege en inform 1 t on and In .' that the dafen lant, fruni lim j to time ''urine the partial o| his aaid atenny, Tr?v "I'l-i ??? and 1 vlo at on of b< inly, aa agent 1 , e plant -fill. Vet- at Sen inli? n , ? ?f theee e'aintl"' ,*Kd deHtered ttieeimeto peeerngnrn who Here, hy lue ?( eald ticket*, conveyed by the coiyey ancts of thee ji'amUffs upon their rt^rtc hereinbefore menftoned, tiDd tuts never rendered to these plaintiffs any account of the ticket* so Issued, or of .'?he passengers so ron\ eyed. or of the passage money of sat 1 p? tsengers, and these plkiDtiitii have nevor received en^T coiupensa tion for the con ve voice of said passengers. That these plaintiff-. are ujabiu to state the precise number of ticket* m imutd. or ui pannengera so conveyed, but th ey bavo atcertaiLnd, and tberctore allege, tliat upwards ftf tine Lund red aiul forty ot such passengers were conveyed on I'oard of the steamship Cortes, (one of the 8ieamtthi|j? of ti.eae^ plaintiffs, oi *Mc6 the defendant was ageut,) from Kan F unoi.-co in rian Juan del Sur, on a voyage made b laid stoamihip, commencing at &an Fraucisoo on or about the IllUt day of February, 1N56, and that said passenger \?<.re so conveyed bv virtue of tickets issued by the de tHidaut, as hereinbefore Mated, and of which tickets o pat feugetR he rendered no account to these plaintiff*. And tlicsc plaintiffs further aliego that during the pe riod of the agency of the defendant for them, large <inattit:es of coal were purchased by and for these 1 1? iim tit and stored in hulks and other placet; of deposit at f un I rancisco, for the use of the steamships of th" plain tiffs nailing from San Francisco. That such coal ws< Uitftr tuechaige of the defendant, a* agent of the saii pla.idiflo; and those plainllll* allege, upon information ana belief, that the defendant, in violation of hi* duty a ogent ol there plaintitla, irom time to time sold and coo verted to his own use lurge quantities ofauoli coal witbou rendering to these plain tilt's any accouut of the proceeds thereof, and attemptel to conceal such his defalca ion by rendeiing false accounts of the coal famished from such places ot deposit to the steamships of Iheso ptiuniiffif, in which accounts the defendant fraudently charged to such steamships respectively moic cm) than had been actually delivered to or on board of them , but those plaiutitli allege that they are unable to state the precise amount of coal of the plaintiffs so fraudulently converted by the de fendant to hli own use, but they aliego tliat the value thereof amounts to many thousands of dollar*. And these plaintitla further allege that the Accounts rmderod by defendant as hereinbefore stated, were ac companied by vouchors, which purported to bo truo vou clieis tor the disbursements charged in sanl accounts respectively. That since the discovery of the frauds herein mentioned, these plaintiffs nave instituted sn examination of said vouchers and accounts and hive discovered and allege the fact to betbkt throughout the period ol the agency of the defen dant lor these plaintiffs, he has carried on a regular sys tnn of fraud upon them, by procuring from persons iu his ( mployment, and other persons, vouchers tor disburse ments charged iu his accounts, which disbursements were never made by the defendant; and incases wtoradls biirscnients were made by hlni for articles furnished or labor performed for these plaintitls, procuring from Irre sponsible parties and other persons vouchers for much larger sums than were actually paid, and charging In the ae-e-oui ts so rendered by him the amoucts stated lu said fraudulent vouchers to nave been paid. Tfcat ttio sums appearing by carl fraudulent vouchers to have baeu paid l?y the defendant have been retained by him out of th* moneys of ihesa plaintiffs, which came to bis hands n ; hereinbefore atited, during the period ot 'aid agency, at1! that the moneys so fraudulently retained by him ammo. , a? these plainutt* are Informed and be ieve, to a sum greatly exceeding $100,000. And these plaintiff* allege the following in -tarn 04 ot iraud of the description abovo referred to, the particular* of which have among others come to their knowledge ? (in or ab^ut tbe 27th day or December, 1K53 the de ferdant rendered to tbe p'aiutlff* an account purporting to be an account of the moneys disbursed by the defend aut at San Francisco, tor coal and expenses therein since tie aist day of July, 185:;, the total amount of which al leged disbursement t wut one hundred and sixty-eight thousand two hundred and twenty eight dollars and se venty-six cents (9109 228 76 100). That among the items of sal 1 alleged disbursement' acjount was a charge of fllty thousand eight linndred and oiglity two dollars and forty cents ($50,892 4u 100) for money alleged to have been paid to C. K. Garrison tor coal purchased. That said charge was substantiated by a pruten led voucher which accompanied said ac count, and which is 111 the words aud figures folio vlug, to wit:? Saw PBAxciaro, t>,-t. 31, 1S5S. C. K. Gar rise*, Agent Nicaragua Meamsh.p Company, See. steamer coal. Tot'. KTOartlaon, Dr. For 290 1 5 tons steam coal, e* Albert, at $25 per laa.tlU.L'ittOO 3 oa> ? demusra^c paid IHOOI " Sf7 tons steam coal, ex ttlond el $."5 per teti.... 12,4'.'3 is) 1 " 614 tons steum eoaia.extU>akspere, at tSSperlon tl.lMW " iuStous stsaoa ceaia. ex Arctic, at $.<? per toa. . . .H.l-o 42 " t<6 tona s eam coals, ex Albert, at $.U per tou. . . ili. jud Total.. ?6U,Se*40 Received payment on aoc., K. GARH ISOJf Agent, perT. A. Wake man. That al 'er the rcce-ipt of said itcoonnt from tao defend - lint the aamk was examined by Mr. Thomas l.ord, the Vk-o l'lesldeut <f tae plaintiffs, and on the 3d day of April, 1*6-1, tbe said Thomas Ixird addressed a letter to the de feiiisnt, of which the (bllowlng is an extract ? Orrics or the ASCHMr Transit Co* *asv. > ?f?w V<>me, April 5, IWL t C. K. <! AKHistis, Rsu., San F "auciacn ? 1'K/tn Mia ? I'inm ei.unliiinif your ooal accounts I notfeo !!.?? th? uuriieni bills of coal (Ui*t nf3l?l Oetaber, tor iu?t?.ic-i, ripp*!at In 1. 1 ? "% ? w. i.m ? - cripted by yuu ai agent. Aa die company preaum" that you bouglit the cos's tor ?h' rn. ins'eiwl o ha> mg sold tlinm to Uietn, Ibey p.trucu' tc.y deabre il>at you ? III forward, as vouchsrs, the lulls m the ii.tr tlis of whuB you iHiught the cu.ils. This is n'K only proper, hut I am sun- lias been omitted to bedoue without your know ledge or coneurrenee. ? 1 bat in reply to the letter or which an cxtract is above set forth, the raid defendant, under date of dune 1, 18 M, addressed to Charles Morgan. Ksq , who wxs then the l'MMdctit of these plaintiffs, a letter which srai received by htm In due > nurse, and wh ch is in the words and n' ures following, to wit ? IVr Hterra Nevada. I Aur-Nt v or t:ik Act r ?.u> 1 kav^ii t'osr \!>r 1 or Mi. ti: \'ic? > Sam Fr asci sco, J.tn- I, |sjt. 5 Cmakib Moat.a*. Tsq ? Ukak S*m ? I ebi line lull of ladinz fot $ wi uun snipped bv me this day nn BtnaSiihlii .-icrra Mevada addreased to *'? e??ory TraasK Company. wu? h plea .e hive e red tied to my aocoant. I enel. se aleo duplie.i e toii It* i' of coa' ptircliaseti br ine in Oetolier last, wh|. h Mr. l.ord baa called for: I havfuit only taken aintf'e voaeliers at tlt,?t time fr the party I huught of. at.d forwartled to the company a Mil IU my OWU name tor Urn amounts paid. Yours, very truly, K UaMMUOK, Agent. Fer T. A. Wakss y*. That tbe lettc of which the above is ? cjpy was ac compaxiii d by pretended tou hers, one of which is in the ? ortisaud figures following, to wit being one of the vouchers referred to in .' aid letter as duplicate vouch ers: ? San FRASCTSC\ Oet 31, Is'il C. E. Oarrfson. Agent Mear.igus swaumftlp t .. nu mv, 1 ? count stcase coal. To A. MeCo,t)uadal<>, l?r. For 'Ml 1 3 ion* coal, ex Albert, at $35 V10.I.V i?) F or Ihiee 'lays demiiriaKS. *t fiKi isu 00 For 8A7 tons steam coal, e? Hlnivl, at $.t"i . U, I'Vi US For HI 1 31'J r.'Mi ions s'uam ? '.a!, ??< Hhak<nern. at >14 21,4111 H For tt<2M7 '?iit tons atflam coiri, ex Annie, *t$Vi .... 3,.">s# 12 C or R9 tons steam coaJ, ex Alb ert, at $.U 2 Via W Total w Re< . >ved payment, Af.KX. MrOMQviDALt. And tbe>e plu.utilU further allaf" (hit on ia?ittutnu an inquiry reap?< ting paid voucher*, they nave ?*?< rt* o* <1, Mil ttMtlAlf all -i- tb.il A. M <\>rqj?<1Vt\ 07 whom the voucher, a copy wli' terf U next kMhMktl aet *brtb, la ?nd war lit th?- dale hi gild voucher ? woolly irreap>n<i b'o f?r?on, m l cut a dealer 10 coal. Ih\t the 014 310 i>N KM of rial mcMinued 10 ?a>d preteaded vjo-Q er wore not purchaied o' the *aid Mc0ori'i\dM?, bat were pun ba ed bj ;bo defendant o'tne firm oiCio?i>y k lablilee. of the city of Franri?i>, at twenty five doi lara ($!*>) p^r ton. rbat tb" b >dy or ?aid pretended \< m Mr ta in tbr handwriting ??; ? ciera of the defendant an<l that tbeae p'aintiifa have in their poteeaaion a daplt ? ate, lainlabed by ea'd flr*i of Croiby & IMibiec. <>1 the bill rendered by aai t tlrm of < ro?hy * Itbbiee to the de tcidant lor fie ?atd ??4 *1? 22 to t?n< of coal at twenty five dollar* t*'ih) per ton. Iheae (ilalnuiT*. therefore. allege that the defendant de frttidcd tbe*e f >!atntitT-* of the nam of ?tx tlio iian 1 one hoidrcd an'i forty one dollar* and forty lancet* (tV141 4'.), in the matter of the purcbaA<< of '?ud 014 .11' 2.140 Urn* of coal and the rendition of the v < 1 mi thereot . And tbeae plaint. tla further ailaf' thai m the nwnt or ore hundr-1 and atxty <'tgbt th"i-aod two k?t(M an. I tw*ty eight do'iara aad aevontv rvg < at* (flM,tSt 7<t), ?m a cha-ge ot lllteen liiou. and aix hundred ant tlfty nioi- dollar* (s?| . boV) lor money altered to have been piid to C. K. (. art .eon for coai purchased; that aaid charge wa? *ub ?aBUated by a prntrnded vo'irher which accompanied >aid acooaBt, and which 1* tn the word* and fl|fir?* following, to wit ? $a \ FitAMriacv. Oct. lo, 1*1 r K . i! .anno*. Agent Nktaragua t Maaawy t'otapaay. i fof. It. 0 Altai 10*, Dr. li"ton? eo.ilt* Tale*, m f!*1 V> *4,.Vtl 00 B>i " " Keljare, *< ffli 78 |.a*7 90 4MK " " J, tlondhne, a?WS j.jii UO a: " " A:cioi>e at 131 f.oi; <w Total ti*.?ao w Received pain ml on account, f. K OaRRlHON. Au?nt. Per T. A Warns* i *. Ibai together w.tb the Utter from said tiarri<oa, dated Juae 1. ISM. and hereinbefore act forth. the tieteadaat tranamitted to thr?e plaiiitill* a vot her Bigncl by the ?aid A. MaOarfumiale, fo-tha eaid autn oi nftern tboaa?nd an bui.'irrd :?nd fifty nine dollar*. (115 it60), of which la t mentioned vowhrrfihe followleg )< n copy ? Max fUMin <>, tx-i. 10, f.'K. iIamhi.'.. ArpbI. Xtcur.iKim ; Ktei'inaliip t'ompanv, | Aciv ?ie?iner Coal, to A. Mct'oaqcoBAB. l>r 14# tone coal. a> I'ale*. at fclo .vt ?l :.?t ft M Krlianrp, at #..i ,'fi I.M7 .'*1 " .1. Uoodhtte, et $32 i,N0 00 2.*>7 " " Alcl"r>e. at ni 7,*if 410 Total .. flAiVO 9) Recfitftl payment. Al.KX. McGOM>COOAUI. And theee plaint . 'In Inrther allege, that tney are in Inrmed hy the amdarlt of **id M' Cor^nodalo, now in thalr poaeeatioi. and they balievo and the 1 el'ore allege, that 0 a two lota ol coal mentioned lo *atd prateade 1 \ oik. her, a* e* Reliance and e* J. (loodbue, w^re par rh* ed by the de'en<lant, through tb" *aid A McCon? 10 dale, aa hi* broker, fbr twetdy nva <laliara (!2-*>) per toa, 1* lieu of thirty one dollar* and seventy Ore cents (111 .?),and thirty two dollar* par ton, charge I t>y the iicretid;tnt for ?aid coal la ni* 'aid Bccoont And those piaintita further .allege, that in or about the motiib of April, ls&4, the defendant rendered to ti eee plaintill* an account parportiag to be an a?^count of the di.<hiir*cment* of the atcamihip Cortea (00 j of the ttcamahn* of tho plaintill* plying between f-"*n Kran ti co aad Ml imw <tet i*tir) op to thf atai of Maroft, i?5l; that in ?ald acoonnt theae pbnatlfr* are charged w ith the sum of 'our thot>?and and twenty dollar* (11,021), lot coal alleged to lia< e brrn pnrchaaeil by the defenda t? for tlieae p'ainMf*, that, to/other with said Mwnt, ma defeadatit tran? milled t? the?e pialat Us a pretfa<l? l voucher for the said coal WMch pretended vouchor 13 ia the word* and figures lolunriBg, to wit ? f?iit Pbahcisco, March 1, 1451. C. K. tJiinlson, Age it Nlcaragasi Steamship Company, Acrouut Steamer t'oru-H. To C. K. U.trrisoii, l)r. (?or 104 ton* coal uui chased for Ste.tnier Curies, at ?kl $4,020 Received payment, C. K. 0ARKI8ON. Agent, t*er T. A. Wmukjis. And these plaintiffb further allege, that upon inquiry they have ascertained, and they, therefor*, allege tee fact to he, that the said one hundred and thirty four tons of coal were purchased by the defendant of I've firm of flsstler, Haines k Co. ut the price of twenty live dollars (t'2. ) por tou, less ore dollar ($1 ) per ton allowe*' for discharging, having i)?e amount actually paid by tho defendant t*r t-aid coa; twenty-four dollars (92J) pe." ton, and that these plaintiffs have in their possesion a Implicate of the bill rendered by i he said Orm of Hastier, 'ikfnes ii (Jo. to the defendant for said eoal, at twenty- tiv rdoMars ($25) per ton, h en one dollar ((1 ) per ton for discharging. Thete piaiuSdls, theieture, allege that in thy mutter or the purciiuoe of xaid one hutti rrd and thirty .tt.'r tons of 10a! the defendant defrauded them of the sua of eight, hundred and four dollars. (*804,) or thereaboi Wi And these plaintiffs further allege that In or aiout the month of Auguf t, tSU, the defendant rendered to tbese plaintiS* au account purporting to be an accour?-of the coal pcrchated by biui for account of theso plairmfs up to the 3i?t of .Inly, 1864, in which account theic plain tiff* are charged wrh the sum of n+ae thousand sir hun dred ani eighty. six dollars and eighty eight, ciuts (S'J.'-Stt iff) lor coal alleged to bare been purchase 4 of the Urm of Rustey, Bmtt & Halo, of dan Francisco. rJhat together with said sccount the defendant transmitted to piaintills a pretended voucher, purport-.rg to be a voncher for the fruld sum of nlue thousand six hundred and eighty six dollars and eighty eight cents (SC-.OHrt 88) ; but that < n examination they have usccrtttteed, and they allege, that the said pretended voucher is not jgned by the Bald firm of Hufscy, Rood A; Hule, but is ia the handwriting of ouo of the clerks of the defendant; and these piaiutifl* are informed and believe, rmd therefore allege, that the coal meuiioned in said pretended voucher was never purchased, and tlie money stated therein to have been paid, was never paid by the defendant, and that said voucher is fictitious. And these plainMtlfe further allege, that their steam t-hips tuning from San Francisco were, au ring the period of th? said agency ol the defendant, lXirntebod with coal from a coal depot at San Francisco, whioh'co&l depot was supplied by shipments of coal made by Jbese plaintiffs and by purchases purporting to be mode for them t>y the defendant. That for the purpose of ascertaining t'.ie amount of coal consumed by the steamships of the de rea dmits respectively. and the amount of ooM on hand at f&ld ilrpot from time to time, an account was kept in which it was the duty ol the defendant as ?gont as afore said, to enter truly tun number or tons of coal purchased or received at taid depot from tine to tima, cud the num ber of tons of coal delivered to each steamer if the plain tills from time to time. That the coal to delivered on board of the steamships of the plaintiffs was put on board and stowed by sieve lorcn, employed bj the defendant for that purpose That In rendering his accounts to these plav.lllla it was cuttoniary for the defendant to *orward to tbese plaiu tills a memorandum of the number of tons dslivored to each Meatriship, and also a voucher of the stevedore who pu< such coal on board of the s'.oamsblp, showing the uutnbcr of tons of coal put on hoard and the mount paid to the stevedore t>r putting the saruo on board and for blowing. And these plaintiffs allege that, during the period of his said agency, the defendant carried ouasyaumof I rand with respect to the said coal and coal account, by charging to the steamships of the plaintiff* more ions of coal than were actually eelivered on board thereof and procuring lrom the atevn tores fa se vouchers, stating that more coal was delivered than wa3 actually delivered on hoard of said steamships. lhat, as these p'aintilfs are Informed by J M. Johnson, one of said stevedore*, and as they believe, and therefore allege, tlie delendaat. in pursuance ol his Bald fraudulent scheme, in or about the month ot Decent b< r, 1*54, procured from said J. M. Johnson a fraudulent voucher, in wbtcb was cbargod the coaling on board of the t leamship Cortes, ol twenty five tons more coal than was actuully coated on board of said steamship. That in or about the month ol January, 1865, the defendant, ia pursuance ot his said frail lulent scheme, procured from die said J. M. Johnson a fraudulent voucher, In which was rbargeil the coaling, on board oC*he steamship Uncle Sam. of fifty tons more coal than had actually been put ?n hoard ot sutb steamship. That tho said defendant only l-nld to taid J. M. Johnson his (.barges lor putting on board and stowing tne quantities of coal actually coaled on board of said steamships: but theM plaintifis allege that In recdering his accounts to tbem, tho dofendant rbsrged the whole amount stated in .-aid fraudulent vouch ers to have betu received by said Johnson, and retained the amount so charged out of tb-s moneys of these plain tills, which came to inn hands ol the defendants. And tbete plain tills allege, that the frauds commute 1 ujon tbem bj the defendant, ol the description last above referred to, are very numerous, and amount to a great n any thousand dollars: anJ lb it from an examination of the accounts and vouchers rendered by the defnujaut it a| ] ears in very many instances that the defendant lu< charged to the steamship* of the platnlilts. as baring been de ivurod on board ttiuroof more coal than is ststed in lta ?'tffe J.?.T these plaintiffs charge lhat the defendant has kept taUl coal accoui t falsely, and with inlent to defraud tbese plaintiils of largo sums of monoy; and that ha has charged therein to tho several steamships luore coal than baa boeu actually delivered to thein, and they allege, on Iniorma ticn aid belief, that sue b lalsecharges have boen roaorted to by the defendant lor tbo purtiose of conceal ng dell ck ncies in said coal account, which deflcl?nciss have arisen from the del. ndai.t having charged tlieae plaltliiTs with purchases ol coal which aeie uuver made, and from his having converted to his own use, coal ot theso plaintiiu, of winch be has rendered no account to them, and in sub FtsMiatlou ol the charge last above mode, these plaintuls luithcr allege lhat ihc defendant iu or about *hc month oi February, 1H65. rendered to then* plaintiffs an account, which purported to be an account of the disbursements made by lum tor aiooust of the steamship Uncle .i?m, (oue of ihc ataaaships of ihe?a piaintiQs,) on her necxind voy age from Sun Francisco lhat in said account Is charged the sum or fire hundred and tweuty six dollars acd twenty-Ove cetu, V6.) as paid to the said J. M Johnson lor cosliig on board of the said steamship Uncle Sam, on taid vojage, four hundred and twenty.?ne u os or coal, at one dollar and twenty live cents (?l *6) rer ton 1 . And these t>la;nti!l? allege, that as they ar? mlormed by t>? .-ma J. M joI.lsoi and believe, only ttireu buuared and teveidy one Iocs U coal were actually p it on boird oflbcsaiJ sU*mslup I'ncie .Sam, on ihe ocr.itl<>u l.ut above rusrred to; that ot thoar three hundred an. I .se tt nl y Hi,* tin*, about two hundred and seventy n ne t in* w- re tnkei, from tho *bip Areola, and that Mov.r.c .leu ou>fH A llrewsto r, Ibe agent* of the laid *blp Areola, |M.d to the mild J. M. Jobnaon sixty two and a ball cent* i" r ton I or discharging mini coal from said atilp, and tbo (I <li in in nt I Hid In tin- -aid .1. M. .loli urn 111 l lir I ii r tin' r unto a, sixty two end a liall cents per ton. and no mora, I or liiac :o|t and stowing -am two hundred and seventy mnu u tu of ami on hoard ol tli? aleatiubip Uncle Ham. that ibe >sld J. M John?'in rendered bin bill to tbe defendant lor eoaltiig three hundred xad seventy one tons of coal, icclupmg a charge lor coaling the Mid two hundred .md <Mir< t.ty nine ton*, at sixty two aa<l a lialf cents per too, hut that tin dclixdant procured the said J. M. Johuion to ader bis ?anl bill, hy charging (hetciu at tbe raf.t one dol lar and iwtnly live cents (?1 2b 100) |>erton for coaling (i ur hundiod and twenty one tonsou b'-ftrdof aa'dsteam stip. amojuimg to tbe sum of tire hundred and twesty i x dollara and twenty live cents, (tlM 2& i00.) and charged the latter sum to the putintiil*, and rauiuc 1 the name out of Ibeir moneys, wherefore thaae nlaiuttila al ls ce that In the matter of the charge lor coaling U.e satd stcatnabip I'ncie fam, on tbo last rneiilunel >oyag<- tbe defendant defrauded thean plalottlU of tbe hi m uf two humired and ninety four dollars and thirty e'ylit cent- (**91 :iiy,or thereabout* And these plalntttli further allege that in tbe ajconnta unSered by Urn raid dtfenlant are charge* to the amount or upward? or thirty nine thousand dollar* (?a.i.OUoi for paymenta alleged t > have been made to on* C. J. Maodcn aid, for merchandise purchased of him for labor, for rent of a atorcsblp, and other charge* . and that said ac courts are accompanied hy pretended vouchers lor tie sums therein charged a- paid to said Macdonal I, which pretended vouchers arc signed by him. or lo hi* n*me. Ai.d thAie plaintifl* allege that the said C. J. Vlacdon aid, at the time ol *iginng <aid voucher , *ai a clerk in ttte employment of the said defendant, and waa not, a* it r *e piait?t lis are Informed and believe, engaged in any busiuea* on b s own accot.nl, that he *?.< a person of no pcmnlary menus or responsibility, and not a dealer >a tb* art) Its in and by the taid vouchers represented to bar* been purchased Irom htm. and tbeee plalntiO-i believe md thefor* allege that the pretended voucher* *igned bt* raid Va< dor.ald aa Above Haled, are false and fraodu It'ct. and that tbe sums which are therein alleged to have hern paid to him, and which a r* charged in tbe **ld account* rendered by the defendant, a* having been paid to raid tMardon*ld, were never In Tact raid Yet tl.iri plaint Is allege that tb* said delemlant hai rcL-i.o ed nut of their morey* the whole amrant *tsted in s.?nl voncbrrs, to b*vc been paid to tb* satd MacdonaM And these plalnti"* furthor allege upon laformat on and belief, tbat during tb* summer and fall of the year IHfta tbe defeedant efti sgcMu a speculation In flour no joint account with Mr W. I,. Cbryaler, in the course or which t)ie< ulnt nn tbe defendant and said Chrysler becatna ths owmr* of a large i|?aatlty of Hour. That said Hour was purchased at price* raugiou from fourteen to eighteen dol lar* slid ii hall per barrel, tbat tbe price of aaid flour alterwsrds fell in the yan Franetsco market, and on or nt-out the UTtb w ftecemoer, I*.i3, the delenitant and raid Chrysler trade a division between thsmiclve* of tbe Hour, winch th*y held on ioint account, and three hun dred barrel* of K*id four, which was than stored with Mensr* Moor* * tolger, of Han Vrancisi o, were tranfer red to the defrndut by conient of said Chrysler, and that the market valne n' tbe mid throe hundred barrel* ol llcnr at Han Francisco, at thatime ofiuch transfer, did not txceed ttftcen dollars per barrel. And these plaintiff* further allege that on the '20th of Percmbcr, tre defendant rendered tothemaiac count purporting to be an account of money* dt?bnr?*d by him, as their agent, for *tnrea, from August 1 to !?? cemnrr 19, 1*53, In wfcich account the defendant charged

lo these pla>ntillk the sum of *lx thousand and seventy - dve i olltr* (?<t,07'') Ibr three hundred barrel* ol Hour stated to have been purchased or the said C. Maedo. nald and in snhsiantiallonfof said charge fhrwarded to tbe plainllll. with said account, a pretended voucher, of which the following 1* a copy ? St* KRtMCi.ro, Angustio, H6J. C. K. Harrison, agent Nicaragua Htf,tm?hi|i Company, onstoirs account , lo V. S Macdnnald. Ur, For fit) barrel* superfine fialb>gn flour, iiur cha ed *< *??? n> m m.m Rerelved. (' .1 M ACfti'V AI^P. And these plaintiffs have ascertained, snd tber^ore i allege, thst ibe three hundred barrtlg of flmir aieatiJn*] In said pretended roocber were nercT purchased o'tht ?aid C. J. Macdonalo, end we/e ui fact the three bun irod barrels of il^ur which were received by lira said dofjn dant on the division between Him and the said W. d. ( brysler, here tot ore set fwth, and that the mM pretend ed voucher Is raise in every respect. And these plaintifls further allege (tat In thr mid pre tended disbursement account next hereinbefore referred to the defendant charged to ti ese plain fids four tbtiueand Ave hundred and seventy alx dollars ($1,676) for two hundred and eight barrels of Itour, stated to have been purchased ot the said C. J. liacdoisald, and in aubatautfa lion of said charge forwarded to these plaintiffs, with sstd account, a pretended voucher, ot which the following it a coj>y>? 8ix Kka.ncuco, Aug. 9, H83. C. K. (i a liK (so v , Agent Nicaragua i Steamship Company. A ccoLht stores, Ac. j To t'. J. Mardouald. Dr. tor 20* barrels superfine flour purchase... at f?i H.A7C Received payment. C. J. MACDO* ALD. And these plaintiffs further alleged on Information and belief, that tne said two hundred and eight barrels ol tlour were never purchased by the defendant for account of the-o plaintiffs, but were a part of the Sour held by tlie defendant, en toint account with tbu said W. L. Chrysler, as herein l>e!ore stated, and that f-al'l list mentioned pretended voucher is al.-o tal-e, in every respect, nod that the de.^daiit id lis said di-feursrment account credited to these plaintills the proceetis ot sain of one hunJred and thirty , four barreis of liour, aiiegedto have been damaged and bolii at auction, amnunti'S? to the sunt of Icsr hun dred aid one deUar.i and eighty ftmr ccnts (t>01 84), which one hundred and thirty four barrels theoe plaiu tills, on information and belief, allege to have becra part of the two hundred and eight fcstrre Is hereinbefore men tioned. And these pUinlilTs lurther .MWge, on information and belief, that the defendant ha* from time to tune during the period of hi* taid agency for these plaintiffs, frnedu leutiy and corruptly received trw? persons to whom he i fas given bis paliouHgo in purchasing of thetn fiup^iios for tie r tcaniEhipsof ihe.^e pla'atiKs, and employing then i to do labor lor paid MeamsiHpst larxe sums of mouey as a compensation for giving tliem aueb patronage; but' the amount of moneys to received by the said de'endant those plaintiffii are unable to state. And these plaintiffs allege, upon information and belief, that the result of htK'h improper and Iraudulfut conduct on the part of the said defendant ha* been to cause the pc 'sons so paying for the patronage tfcey received to charge to theve plaintiff* lor tbe article1* sold ?ad labor performed by them much larger prcue than they otherwise would have charged, whereby the plaintiffs have been defraud ed ot many thousands of dollars. And these plaintiffs further allege on informtion and belle! that in thw course ol the business of the detcudan' as agent for these plalntilts, discounts and abatements have m many lesunees been made upon bills rendered to bim a? s.tnt. by peisons with whom he has dealt as n.ch agent, but that the defendant has not given credit i o these plalntillii lor the soma so abated, and hai charg. ed to the piauti'la toe full amount ot such bills. And thir-e pUlnrfls further allege ou information and beltet tnat the .'aid defend, tut has from time to time oa ring the period of tin t-alcl agency procured pretended voucher* purporting to be receipted bill* for bams alleg ed to have been purchased, which bams never were purchased as stated in said bills, uud bas forwarded rueh pretended vouchers to these puilntilfi a* gtnuire vouchers h r goods actually purchased, and has iharge<! m h's aocuurts rendered to the plaintiffs the amounts dated In eatd pretended vouchers to nave been I aid tor SUCH b?ms. and has retained out of tbe moneys of these plaluUfs Uie horns to fraudulently charged tn said accounts. Am thrse plaintills further allege that the defendant ha*, In his said accounts, charged t> these plaintills up ware* ol ih-.> >u*n ot fix thousand two hundred and forty dollars (ft. '.'40) tut having been paid by him for reut ot a storeroom hi the City of r'aii Kraoci-co. That ou being callod KM* !>y ihcae plaintills to explain his charges for (?aid rent, he Inf. rmed these plaiciilld that the premise* lor which eaid reut wa* charged were used lor the purpose of stowing merchandize belonging to these plaintills lor the me of their steamships But ou inquiry theso plait tuts have ascertained, and they therefore alleged that tbe premiaea lor which tald rent was charged were not used as a ttoreroom tor the purpose ol storing goods for the plaiuUt.% but were occupied by the defendant anl persons m bis tmploy for their own personal use. that the defendant has retained out of the money* of these plaintiff*, which came to hi* bands as their a^ent as aioftsaid, tbe- sums so charged tar rent, and has thus de Iraui'.ed these p sintifls out of upwards of f>l.\ thou and two hundred and forty dollars ($4, 1^0). And thise plaintills further allege that the accounts r> Meml to these by the tald defendant are m many re i | ?(,ts other than berelnbetore SMctSeully stuei talse aid irand-.iltnt, and that the < rlendant has retained out of tie moneys of these plainllllb received by him as their spent as alurt^utd largo sums of money iu addition t thot-e hen n speciQcaily m?ntlone>l. nud the particulars aod ?mouLts of which these plaintills are now unable t s'ste. And there pia'ntifls lurther allrgo tbU during the pe rlod of his agency lor them as afoicsaUl, the deluiJant has rrtaineo cm of <be moueya which came to his nand as their agrnt tbe suoi o t one hundred a?d elghtr thou ? >got ceuW mnwv six doliara and aeventy agent. And thno pialnnffa rbar?e and clam that by reason or the ftand and ataeonuuci of the defendant in the conduct of said agoncy iierelu before set tbrth, be is not entitlifd In law to any con. minions as such agent, and itirae plaintiff* nre en titled to recover of bi? the aums *? retained by him for cbwintsalin*. Aid these plaintiffs farther allege that during the pe- | r'.od of his said agency for these plaintitf* tho defendant a ted a* agei-i ol the stcamsti p tiierra Nevada, (a st< am sli.p cot btlctigiTig te these plaintlC^, but which wa* n.n in ihi ir >a!'l lint between J-sn V rancuc.o and Sia Juan del I Kur.) and tbat be recti red and retained out of tbe earn it g* of the *a:d K-eamsu.p Hierrn Nevada for his commls riots as sgent :f such sh auiship about tbe mun of sixty tbousuno dollars, (Jf 0,0(0,) for whit h cemniu?lon< tbeae p an i, 'is cla:m that the deiendant la bound to accoant to iJmsl ' At, J ili 'O pla at fl* allipe that the defendant im not paid over to them the in nicy* herein before allege d to hate been fraudulently r itcud by biro , or any part ll ? :>?>(. Ant tbe plsintils claim and ? ubmlt to thii Honorable i oart. tlat by rca-on of the ni iu;l'old frauds and '.use t?<;ta herein charged npon the defendant it) tiio <rn ticct ot the said a getey and in ttc rem Itton or hu accounts, ibey arc cit:t>d io ? new accounting by Uiade teudai t in er tbe tJirect'on ot this canrt, tor all the moelo ul. ?h hare during the period ot hu a : *uc/ lor the plsinti's come to hta hand* at their agent That they are entit.rd t? recover ot the defendant the money* tread a> I' ntly retained h,v him aa lieretobe-loro particularly stated lor alleged disbursements. and inr com mission), together alth interest and such inrilicr ?umi a-i may upon the ,ic < < iiutmft herein prayed 'or be inund to he owing Iroiit ilio ('in ndant lo Ihetr plaintiff*. These plaintlit* there lore demand Judgment again t the d< udant tor the sum pI Dvo hundred thousau 1 dollar* i?iCO,COO) ior tbe sums tercia sjiecifically alleged to tiavc been traudeutly retained by tbe defendant out of the itourj s received tiy h m an their agent, and lor the com mi r Ions retained by him, and also, that a true a* ?uut n.ay be laken under ttie ui'ee Hon o lids court 01 all th - tn< ul<e meived by the i;dd dcioadaut a* agent of these pleltl'.'ts, and ot tne <fl position made by htm of Mich moneys, and ot all suae dne trow him to tbese plamliils m respect or bU trausa. ttons as their agent a? alcresald, and that the defendant may be ailiudeed to l?y to these plaiiitills socb further sums aa may on inch iiccountlng t>e found due from the defendant to thine phuiitina, in addition to the sums herein ??turc specifically claimed, and the cost* of thia action. CTIAS ft. RAPA1.LA), Attorney for plaintiff. C. VitltiMllllt, I'roaidett, l%led, Nkw Yuiia. Au^. S, 1460. C\v <"??' <V*<Wy </ ,Vic Totk, m. ? Jame* M rrose ol said i ;ty, being duly awora, doth depose and say th.it he la a cln rtor of the Accessory Transit Company, th?' plain - lifts in this action, and baa examined tbe aocounui aud to?.? bj rs rendered by the defendant aa agent of the said i i mpany Irom the 1st of April, 1 ><&.!. to tbe present time lbst he has |?rsonal knowh dge of many of the maier >1 fe<ta alleged n -aid complaint, and from such his < *ami ratten of said vouchors and accounts, and bis i>nri onal knowledge of the matters referred to in tbe aid com plaint, be anya that be la ac tua.ntcd with the facta of this car* And this deponent further say- , that the farejolBg com plaint la true to bis own knowledge, except an to those matter* stateet on information and belief aud that aa to those matter* he believe* it to be true And further Faith not. .lAME* M CltOM. sworn thia 3d day offeptemher, 1HW>, before me. S < I s i lilt, Commissioner of IVod*. r'l i Ktthia CoCKT. ? Tkt Artmnrf Irennl f.'ompaa / agt (Ytnrlttu H f.'airuon ? lltp and C<nn/y nf AV 1 ?r*, u. ? ttarle* 1". tkahury, of New Brdtoni, M*sn., being duly ?worn, doth de)x>Ke and s'iy, that he w.n at difTo r?t.i times daring the years 18M and t*M commander ol the s eamslups I'a. iOr, Cortea and Ilrother Jonathan, itirre rf the ateamstiij* or tho piamtlfl* plylnji tietwe^u ran t ranLkavn and t<an Juin del ?<ur, ol wnich ateamshlp* tbc,dcteadaM ti, agent, that deponent was, during said I eri<*t, frequently rcqneat^d by the defendant to aign voni hers for siippttea turniahed the -asl *teamshl|>?. but ot the prn-f* ot *hich "Uoplies thi- daponennt bad no kb<'W ledgr. Umt deponent lrt<|UMtly objei ted to signing aadTiuibrrs ut the defendant would reply thai tt waa I I rrr-ary il it Ihe i d touchers should l>e signed, as the t ills mutt be sent to New York; that such vouchers wera tre<|ii('B,.ly pre-etted to de * n tant when dep nesi s ship wss on the point ot sailing, and in the hurry or the mo mrnl de|sinent, on loany 0) < a?lona, -ignwl said \ intcberl without m>esttgatton And depom nl lirther aays that he < well acquainted w th C. Macdonald, formerly of .Sin Francisco, and that said Mscdrnald was. during the peri/xl o th? agoaoy of the defendant for the plaint Ms, a clerk of said deiendant, ard was rot a dealer on his own acconnt. And inrtber l a illi not. CIMR1M P PKA8t'KY. .<*(im tkla 3d day ol Hepteml>er, iMd, before me. V. C. KtBPsrvr, CoiumUaioner of lieeds. The .tadge Issued an order for the arrest or tbt defend ant, aiid placed tbe amount of hall at SltO.bOO. OHnRH OP AKRRMT. To tar PH?"irr or ihb Citt a!?i> Cot jrrr or Nsw Yoaif, H appearing tbat a ?utliiient cause of action exlat* sgstnst the defendant, under the 170tb section of the Code, 'Sou are required roithwtth to arreat th a defendant In th s action, and hold him to ball n the sum of one run dred and titty ihoiuatid dollars, and to return this order io chsrl?K A I'.apallo, ptalntllTs attorney, at his oftioe, No fl Wall street. New York on the tenth day of f*ep t. intH r, one thouaand eight hundred and flttr six MVRRAY Bt'frMAM. Pated fftw Y<spa, i*epi 4, ltM. Mbrfiirnt to these pfwrrtir.-i Me Oamaon wag ar, rfst*''. at ' entered into the re^ntr^d tHravt.l . THE WALLS OF TKS BROADWAY THEATRE. Opera tkm* of the gcpi'plng Machine? Kail of a Portion of tile H *U of Um Theatre? Excitement la Broad* ray. A considerable portion ot 00% ol s'de walls of the Broadway thoutre feU about iislt. I>aat ton o'clock yester day mcwulDf. As its fall hower* r, was expected, every precaution vti ttken toprevest la) Jr7 to those employed in and *1 out the premisses, tnwr . reader* are already aware that a new tuilding vu k? c* 'urse of erection for . Messrs. Bovrra k Mtttamee on tho lot adjoining tbe the atre, and thai: the workmen have twi engaged for tome . weeks In (xcmatlng fir the soundaMna The work wa commenced about the latter port of Apr l? but in couae j <raencc of a dill tulty between Mr. Mat slim "l. tbe lessee of the theatre, and Messrs. rbwen X McN'own S it has been ?wfcject 'to freqac-rt interrujuions. The <*"? Q, cause and I> -ogress of this difficulty are tcUy art 1 jrth to tho subjoined state rr.mts of Uie content* 13 them ^el-res. from .Vse stalementj it aqy ears tba Mr. Iters hall rctuseulo allow tUe workmen tr/ r\ a needles into Iiis walls, on the ground that tbty woiriit intorfere with ji :a business, Vbese need.'es are iarpr k ?ams of wood, "Jsed for the s-.-pport of vraHs of buildltn* when their Inundations are I>elng undermined- or e:Wv* ^ ated. Mr. Msroball intimated his willingness. hon^cver, J?, illow them to jo on with the work, if ktssrs. ?*wen k Mc Ksmee vroald agree to indemnify him for the iws ta ,ed by the closing of hi3 theu./e during .it progtcss. 1 'Hi parties, Irjwever. refused to agree to the terms ivrojPM ^d by cach, ?nJ so the needi?s were not put in, and tt 'e workmen di t the nest best tSing. which wa3 to sberc ^ *> j the walls. I>at it wad still deemed unsafe for tbatrcrte men to go c? with the excavations, as tbjwaKs wers considered insecure, and might fall upou them "wWli* . | engaged In their work. I'nder these clrcutnstanoc* m mac-bine called a scoop was procured. This is sir!?l7 a gigantic shovel, worked by seven or eight men, i.y trw>os of a handle s-iae twenty or thirty feet long. With tki# the process ot excavating v?a resumed. < a Monti*}* laf-t tbe workmen bail dug a large bole under the 1 .^e wall ol tbe theatre, at tbe distance of about ouo hundred' feet from the front. Tbe portion < f tbe wall than under mined fell i.'owo, leaving a yawning chasm about thirty feet in height by twetty Uve in width in tho Bide of *Ue , budding. i'orlunately, as we hive said, every precau tion nan token to vrevent those who wtr? at work about the theatre fiom neing injureet, ami the only damage caused wa- to Uie building Itself. At half peut ten o'clock, that portion of the wail which hid been undermined gave way, tailing outward, with a terrible crash, anJ carrvlug with 11 iu its fall a portion of the scenery. Houses, castles, forests, dungeons, clouds ? ail cauie 111 muling oat in dire confusion, and it teemed it the Uuit day bad arrived for the mimio world wb>ch lay btbind tbe curtain of the Broadway theatre. One of thofe comets winch, acoordlLg to some astronc mcrs, arc perpetually iiyiag through hpacc with e\U do signs on peaceful planets, could not '09 murt destructive than was " the scoop" ou teal n>i.nie world. There '.ty tbe splendid ca.-tles iu which k'ug* and nobles had heij their banquets au<i drank ulr draught a iron golden gob lets; there, ten), the dungeons where prisoners bad tuflertd the torture of years in a single right; there were tbe reins of the great cities Vectee uad Hrino. and the gorgeous palaces ot thscetn troniu-chi, ;?U ly 11 g in cne contused heap, ami in utter disregard ot goo grupbical distinctions. Tne whole myiteri ? ol th st ige were < pen to the eje? eif tho uninitiated, and its bidden sc;rets reveiled to the l>gbt of day. An>i the mnrumont by which all th's was accomplished. w<ii< 11 |iroUuc*d this terrible eartbqunke. wa.s a bi muion sce<>|>; hut, like the mh;hty Hebrew of old wh" pulled the tsoiple down about bis cars, it lay burled bu^exith the rut as. As it was feared that the rest o> tbe building would fall during the day, the Mayor ordered a portion of the | oi-.ce lorce to keep watch over It, and to prevent vehicles fro a runr ing within too dangerous a proxim ty. A portion of tbe troii t wall wus cracked, and a tuo nient house is tne rear was so badly damaged as to be ni.ile fur further habitation, and was deserted by ull tbe in mates, huring the day several thousand per- oes aarenibleU a'tout tlao bulldltig, in expect* ion etf ie. ing it fail; but with the ex cptlon ol the dan.-.ge to the aide we.lt, It remains a it wn.- jetteruay nsori^ng. The fo low ii g ate Uiu .-Utements of tho ontenUntj:? HiTIMRTOi >1 iu*m. noma . >i'namks. < n the 16th ot May BoA'UtV McXttmei , through Mr. J. C We 1 s, their srcbitect. g?ve notle-e th\'. tbey intended ?xct. vatiLg, and oiler cd to shore the thes'-e wall at their ow a 1 xpcnsc. Hearing nothing to the ? tlrary. they took i for g anted permission was glvesn T'.e notkmen acoori Irgly commenced preparations on their premises to shoro uo, but on applte aUon, ateut tbe ?;'ib <>f May, to pleroe tvuSoiim wa'l. they were forb ddea to enter, and tlir-it sgain given, and tcr- mm ... , and preHerve the wall from iumry at their own cxp?u?u piOMdrd tbey were ailomeet the necewiary hc?use ?i> tar as wts requisite for such |/iirp<i 0. Tliev rei'ieslei ?b4t snch Hcenre might be given. <>n the Wb of .1 ne B?wen ft Me Name* renue?tea a dellnite answer, and <\?3ured the luiee, Mr. Mnrsball, that if the licence wits given, 'be-y iliould employ competent persons to uphold the w ill in "tbe btrt method of safety, and so ss to interfere w th his buslress a* little as nugttt be neoen-tary. On the reei?ieit of Mr Marshall for explanation, 111 to tie nroi r.er in which tl.iy proposed to do the work, they obtained the services ?" Mr. inaper, architect, J. W Cexidwln, bouse mover, and Alderman Tucker, I'reslelent of an inseranee company, and formerly an extenaivo builder? ell grntlemtn of largn experience and known ability to jituge in snch matters? to examine the theatre, It* wall* and intcroel structure, and give their opinion lu wrltlig The following is Uitir certlOcate: ? V*? YorF June IT, i*"! Oikti.?*?i<? In crmpl!a!>c? wnb your re.|ue?t. webaveto li.finrn Ton tb.twehavi cart tiiUy etamined the ao<itli wall of tb* Itrniutwnr theatre, ? font property, and we ire of c| it.lcti tliat the oniv ?.i\j ?u.un? up the w.ih v iih Miirty la liy the i?e of Iwiiii na-edl**, In wvuoua of u.> ni ?i e man ircm six lu sight tr? t. V, ry i eapcctfuUy, r i>t\rr.R. WM. TITOKKK To Hi *!' t JIiXkh J. W II KiliVI.V tin the 18th of Juue, Uti^ri. B A- McN. handed this rer tucatc to Mr Mar-UaH, anil Kgam rrquosW tho so that they nit* lit ti,' no longer delayed, lit llio *uio time u> tiring Mr Msr->tisl| that tliey ha I uo motive or do ire to occas'tm tin >n ?cri'oiiff or Injury to tin Interest. beyond what would uetrsiartiy follow lr?.in Uio due court* of procmling* on their part lb ey a'*? rnv<< hlra notion that, If be continued to withhold tbe Urease, tlicy fc'iould be relieved of tbe responsibility and expense of unbolt tug tl ? wall Mr Marshsll, In r# ply , st?te I ttiat tlis wall oco'd be i:j belli without tbe aid <?? tioedle*? that be hal tl.e c ? 1 1 * r. . ite of c< mpatent jiersoi; to that ??'!. 1 1 ? whte.h, h. w< or, ii i ? (tuen, b < ???? lir.cil showing to 0 K M V. < >n ilie T*th ol Jinn tlicy ? let' a to ro on and nborc up lu tin ? n?, at their own ex;* mr provided ',r woul I a<i,me tbt rv'g ot lu lucre**, wb'ch, ? n the '.luh, he refused to ? o lie al.'O staled Iltat Mr. Tritnliio one .>! tie perao.i* rwirred tc wbo bad given turn a certtflcata, bad ottered to slop 't up aororMrg to bis vt< ws. md t*k? ?'I tbe p ?| < nsiblltty ol .o?s iml i.am?ge A* sont> m they c< ii d U ej b a I an i ti iv w with ?lr Trimble, whin be n lueed to ':ika tbt i ib a?ul a -i me the responsibility, itnd cenlr l 11*1 he had clWed to Mr Ma. 'ball to do It B<?w rt> \ MiNr.tneo then ? mfloy ?<l Mr Trimble, aa an arrhl Irct, to superintend Hie shorit ? p ail under o"nuag of t^e wall, arcnroiisg to the plan Mr Karahall Ii id -awl ho li:i I rtconimendrd A few i!a)s alter ward* be pwmively refused to go on and Hiper'nt rd, ,s he I ?? agr' e : ( n tbe 2??th Jnti?. Menu R A MoN gave Mr Martball noiK* that u be hid rt^"d the tiecmairy ii, ?n?e, they rl ould expert him to "pi old the wall* ol tb? tboatre, and that they rb"Uld Bid he ree;>.u?lh'e for th" r?n"K It hi did cot. ( a the Vflth of June Mr. Marnhall aaiwerod " Tbe I rtnee n'*t -??ry to enable you to go aa lar down Into the earth aa yon may chooae. alorwude ant .iol?r tbe pouth wa'l ol tbe |tr<*'lw?y lb. atre baa alrowty been trireti yon, ki f?r aa I bad tbe power to give it and, 'Ilia uat ui> that 1 have reluneal any proper lloenae to ?.'ii to keep up aad m.-tmUklB the wall Tho leaae ?< the ibeatr# to Mr Marabali f ptreil on July 21. i>n th- JAth, tbey ri?">i . eared exraxatuoa on tbe atreagth of his let fer of Jt'ae S* nid afier having worked aonie twelve ca;a. ttey fbotnl up a |ori on of tho wall. Tbey had rr a< h?-d Ibe ? orner Mil got Ibo a.'rewa UBiler prepara !? ry to making It flitn and ret nre, wben they wire met be an IBjiidct'Oii it wap not deemed *?fe to leare the wall IB that condltloB. and j-ermipaloa w?* aaned to conttBue tbe work for tbr' - or f??or boar-i, wl.ieh nuld have hem done wl'bont any injury to Mr, Matpball. aad the wait rna/? wrure Tbip permlaaion w?* lefoned .Mr. Mar- halt at the -amo ttma putting that be rxpotrd tbe wall would tall into Broalwaf before the I, <it Monday moruiag? tbia waa on Saturtay e nn ng Ibr Court devitcd that tbiH?<h Howoo ,tr MrNamee ha I <ine all that tbey ronld, Mr. Marrhall bad given them no enrh |wrmta>lon aa the law contemplated, and lha , there lore, they mmt be reetrataeil Irom gring opon hia irimtrea. Conpeijoontly, ob tha Itkh o< A iruKt, they a gal I n mealed the necra^ary Urctwo to npbold tbe wa.l at tbclr expenae, ar.d giving notice that if It wa? not ai corded. Mr Maral.all muat nphold the wall hiaaaolf, or failing to to do, muat be responsible for all loeaes or d? mage* and iBjory to them. Mr Marshall refused to up hold the wall blm?elf, or to give them permission to do ao at ibetr own expense. Had he consented to give them permission, the work would have been accompHehed wetka slice, daring the time the theatre baa been closed ?and or course Without any considerable Inconve nli nee to Mr Marshall. The deli* haa been greatly to the dtmage of Measrs. Bowen k McNameo, aa their walla, wlili h might hare been hullt n warm wnather mn?i row be put np mid cold aad fmat. and tbv>rc,,PM,c7 the bulbtlBg be deferred Ibr at leaat one seaaon The public will judgi who la most to blame in this matter I towel) * McNamee claim to have offered and to hare dole all that could In ralrnea* have been aafced or export ed. Tbey, declare tbat an unwillingness to allow money to a large amonnt to be extorted from them, fbr the pn vllrie of sborisg np Ibe wall ol the l?roadway,l hoatre at thetr oxin colt, rather than be delayed in tneir buililiig, la t> elr only offence. Tbe following la the law In regard to ei<*Tatloni ? An s< t respecting e>??a vaftonw in TS aS n>f ,kltti niaied Tannary J4. tW ? The People or the Rta'e of New toSkTrepresented In Resale snd Aa^mMy, do ei.a ,*^'.I Oim'l~Tliat whenever exesratlons hereafter eomman ? M for liiitlding or other iiflrpoaea. on any lot or piece of l*n I ,u I'ie I IV and county of Mew Tork, and lh? city of Amoklm ,hr ' i r iD'cnded to he carried to tbe depth of more than 'en jMi below lfc< ?nrb, and tbeti rtaU l* a party or <ni??r w ?u, w holly or partly on adjoining land, and etaadtag upon or netp Ihe boundary line of such lot, we perstn caeiaii** auch eic ?ra tion to be made, If ailorded the n eceaeary H^eeee to etilrr oa the adjoining laud, aud nut otherwise, ahull at ?D times front the commencement until the completion of such excavation, at Ilia own expense, preserve such wall from Injury, and so sup port the fame by a proper foundation, that it shaW remain nut stable as before such excavations were commenced. ?Section 4. This act shall take etlect immediately. watkmimt oy mu. ha*?iuu.. Messrs. Bowen \ McNamoe commenced the exeava tlouH for their new building, now In course of erection oa the lot adjoining the Broadway theatre, about the latter part of May last At this time they gave me notice to take down the machinery, furniture, ac., of the stage be lore running uoedlee through the building, for theiuppor of the walls during tte process o' excavation. 1 ret use? to permit this, and in the meantime took legal advice up ou the matter. I was advised by coumel that they had no right to do what tboy proposed, and that it would be a trci-|>a?K on my property. Mes-ra. Uowen \ McNinee were then 'notifled to that effect I subsequently coo suited with tlvo architects: requested them to examine the wa is. and atcerta n it tbey could be snored up from the outside. They made the examination as requested, and K?ve me a certitlcate, from which the following Is aa extract : ? In our opinion the ?;le w.illcati, with perfnet sufety, be supported and protected without the tie ;? of needles, or making hole* through the walls, and without interfering with jour business, or interrupting It. 1 his was signed by every one of Uie Bve architect!. 1 required the wall to be shored up lu the same way thai the hamm othcc had been, while underromg Mnr??- "alter ations. The wall* of oou of the Echooihousce m t.reen wich street, and several other buildings, were supported in a sin liar manner. Wten the Broadway theatra waa in presets of ercctlon tho architect a. Wed permiKHien to run needlis into the at' lOinti.,: t uihacgs, but tbe own ers would not allow h.?a, unit tho walls ware shored up on the cobtide. My reiwon for otse^oting to the uac or ibe ueedlss was bccauie they wouH interiors with my business. Messrs. Bowen k UoKmm propped to corepromlsa the matter, and desired ?H Kr.ow w 1 'it amount I would accept to allow them to prt* :ed with their work vi thejr wanted. 1 naired a ceiiaia1 sum w L1ch J en*, dared wor;ld be a-? equivalent for the prollt* ot the theatre during the progress of the work Ttese term" thejr rtfti. i d to act ?pt. and said tbr? would net pay a drtlar, but would go to w.th the wrrk and let tbe wall denra. In cooclu-ion, ! c'taire to say 6hat 1 ha^* given them every opjiortun.ty to go on witfc Weir work in a proper manner, althouft r I nave got a tsrlsion aga ant them i? <v>uit. 1 allow tlse-n also lt> prop :'p tho fror.vcornur of the building: ac '? it is since t?."!? was doer! hat they have ?one to work '.vtlb the scoopirg machine. Mr. Marshall fur. *H?r ee\x that tie excavatli H was at tended with such '?o irr that they 'J?eJ to nut ? a third' gang of men. two ;rang? having "raised to v **k on it, fearing that tlie whr ebo^Mint; woo)? tail. Thus the whole atfn'r Hands at pre it NtwifnrM Cratral Am?s?ta. nt TKK AOAINHT fN.'TFO S?TATB? CPTT7KN8 II"' HOK Ul' HAS ? PK01E8T Cf CONSUL ? Am-WAIJtE> EK LUTKXNT? PKKAD 3* F1LIBU8TEH NKW 3MLt> lal.MS lltciCOVBKIP. (f rom Uie Hostjn Traveller, Se,-tv?.l The brig Helen Jane, C a*- Nlckeraon, ir.et from Ocea, Honduras. August 12, arr "O l at tbia port *Jda morning. In the present interestinr criea tn the af-tep of Central' Aaiertca. as connected wiUithe a?bii3tere^ ? editk>ns frota tSis country all of au authc-ai ? character IV* <??liat quar ter will bo read with interim &:*1 wu have takan pauu to gather from the master A the Ki.len Jew, wh > nas long been connected in bus. :te ? with tho p:-c??ki ot that country, the result ot his o.wrvalions ujk>d be present state ot allairs there. )t will b<- remembered that w'tea Walker f tit landed iu Nicaragua his advent was 1 ebed upon war ^ops by llio; e tu Honduras who bad any a^afcs in socle: T In Ihe beheftbat be would establish w hbvial and {'mmnent govt rniutx: Tills favorable SeeUn^ is now entirely rti'tngcd, and all Americans arc oow looked u;~ea with 'uspicicn, and by tho lower cla aes with the most ??eadly tiatrcd. Tue suspiciou feeling cf ihe fovimmer ;ta e?t i-cured by the tact that tboy bar>UM*d a dccre> Ibrbtd lintc all Amet !< ans to land at the ports of taat cov try for iho pur)>oie of going into the i ur-or. The I nttetS dtatea ['? ntul bad Inellectually protested against the eaforco tt est ol this dicrce. anrt had torw^rded the doc'itrents In U-- nuiitei. by ths Helen Jane, lettie government I'reviouii *o the issuing of the decree, a j'arty of "a(rt rulturi.-t*' from New Orleans, urcaoiieU with a prtwideal. secretary. Sc , had tn great part landed at Umoa, ana It one to tue gold mines of the province of Okaaeae. (nt.er* ot tne party who arrived altar v ards were refiuad 1? rrtwhl to proceed, aud c.*tie quetUy started lor anew voic mine on the const, thirty mnes west from Trnnlio. iho -taiements final the thaoche rv.nes are tbat tn ? dig ger about paid exj^utrs. < ue digjer, wtio reached t >mi? t'U bis return, stated to Catv Nlekersoa that tne mine* tb"re had the apjiearance of having been dug over at some distant period, protnldy a century since. Foar Inhabitants of Clilcago, who were at these miu*s, got starved oat. and witb dlllicutty rcarhei ttmoa, where oae pot a pnssage nome from Capt. Nh kersoo, the otaera going by the way ol Bctt/.e. The tiew mine is xa.u by cne of ex|terirnc?, who has hern 'here, to tie much r vber, an \ he ha.< seet for hit friends to join blm All articles of war from this ooua try are tM>w cout-aband of war in llouduras. There le dia* ng sVelcfttttVV'ft'^v 2SJ rr4) rtue (Hat |ier?s), ext ite<l aueb a panio tipooTifflllf ftJiJ? by !??<? or 'hreo other Americans, that some ot the ott e'ets at Un>oa actually pisced guards ot aoldlereat the roots of tb?,r resident e.s for protection. At- the capital of the proviure of Olanc'ne a mib of aa t.?? f tut rotiuued the dwcliiogs of several Americana ra it i?g tftrre Tbe alcalde' of th' place fort jeately ar rueu m season to prevent any acts of violence, aLd la the mormug an apology was made Should Walker ba if. eateo. Americau. in Honduras would he in a danger ous position. Tbe authorities oC Honduras were busily engaged la raising troop*, who are to loin tbecna tionforeea de<tine4 to atucb Ccueral Walker, but u tte had yet ?na/ched. t'Lly about six hundttd bad yet let t.uai *uivla, buttnaay more were to follow, lltisiucss m the country was ratter dull. [From the B<*lon Evening Journal, Sept. 3 ] The brig Helen Jan?, t'apt. Ktekereoa, ai tnis pert, brings anvues from t tm<>a to -lo'y 30, and from Truxlllo t? Aug. 12. The tie-ws is unimportant. The State was enjoyirg dotnestn tiarq.il'.lity. an I no po'ifcsl trouble whs vWibleeioept the i:nra?inesa oecasKaed by the ee tabhrbm<nt of tien Walker's government to Nicaragua, ? liieh I act had prodi ?-e*d nntcb rxc.temeiit Hi ?oacbom the Mate, and had ecgenderi tl ammg th' people a dislike to wareis all Ami rtcans Ttie lee p ue now torni'or In opposi tion to Waikt r by Ibe Plates ol tJintemala. Costa RH;a aad tan Salvador has ben wined by that of Hondurai, ami althmigh Ihe latt- r Pow et i*s not aa yet sent aoy foroo beyend the bonier* ol the Mialt, It was stiil actively en t agt ?' in enlisting soldier* ihroughotit tho country, to act tn conjunction with tbe otiiri powers Notwithstanding tl cse preparations by the Hiates In K?gue. It was tiia < puien o many inlulligtnt persons ol Hoiidurae thai. Walk-r would sustaiu hloisell aud oniolidate his rower Hi Cti'tral America. Atiiotg the rumrrt enrrent was oae to the effect that wheu (oiatemaia aecd.t ber trooja bey on J the bounJartae trfhsr own state to as?i<t in pnttiot towr Walker, an ar ti j fr'tndly to ilm letter's goverum?et will ln?d tu tJ'ia t ni> a nod conquer that roudtry The story, aUao'ijlt oiily a romor, show.: the fears and ?%? p i: ions with r blcli the people are now constant I )T agitated by the dreed 04 tk? ABierlUlll. An interne iiatred prevs'ls in Honduras agsttvet all Amer.i an.-, whether friendly or otherwise. This lee ins has found r*pr-s?ton in a recent decree by tbe gevora n-ent, Ip Whit h all Americans are prohibited fro? land itig, and none are allowed lo go ieto the leterior. The eterrec is intended lo prevent UlUbusters Iron land.ag. tut It rraliy excludrs all iwisons. The ct/untry generaiiy was in good hcaHV The gold flelds ol tManche. which hare excited renslde labie aiietition for se me time pest, are now declared la te ol no great raltie, having been worked and exhactled t ome 100 yrers ago. Tue y hardly yield st.iTliteot to pay tl.e rxpetae* of the miuets, end s jme had left the n.ieee. Ihrre ??. however, eo taek of gold .e tbe country, aa rew placers heie reoenify been opened about thirty ml lea west uom Truxtlio on the o?l. A party bad goaadowa and foetid tbe yielei very prolific, some earning V par t ay. There were four or five Amcr can* at this jJaje, sod among them was Mr flraftoo I enao, ol Boeloa. The new | lacers are in a slrkJjr part of the country, betac tear the roaat and snrro'inded by ungle Ur n. B Gill, ol Atlanta, <ia., dlcsl Jnne 1, oa tba roed rem Truxtlio to Olanche. auto Jane V, nillteas Horsley The lalter nceiidentaliy tbot himtelL Tl.sv w?re I f tb ateniher* of a romteg company Iroatbc United Stales going to tbe gold m ues of O'aet ht. ThcatHr*), Ar. .tr*n*?r nr M-?ir -Mmf I?et.e Oritur* i?te fire h?r ad nilm1' e vfnMon of tbe b?m(n* of tiw opera ? ' l.a tfMMMM by Sicn.>'? I'rtgooli. i o.ettl, k me Ketdenherf , and rMrxm* old CainrlMa. J?tmo> ?> i?M' ?The treat eomed'aii, Mr. Rartnn. la Uk Ukr h ? fcenefil aai make hM ??? aptirnranee M t1"* ! lotto" <* alfbt llp|ili) H?? I hit ba? i-l iar?<ner*? Hilly Ui^ivU;, Mi ' Hweeibeana nritt Wire*, ' juI lob* Tr*?|'. in "Tba Mum my.'' Ot earlj. If jo>i riptrt M *? in tba bona*. Haoioii ?? i flowitrr.? Tbf r*er popular 'i a*edy af "ft rarro nr. Tl ?? IVaih of R. lla. I? i>i be repaalad tlitaaaatiiiHfc mi<?. Vr MrlUmmigh a* >ke ncb'e PerfflMM and *r. t onrwil Clarke M Ht* S|'?m*h trrant. After lanrfn* by M"llea H?* rarde, Mr. llartdM will ? "?? ?>""* ???. ' ru.MM *'* Aw?* ? ?" Mr?wr? -fn addition ioU? mnltttn.to SlcnilmUN, rtet'ew ?tll ih? ***? be eot#?<a?ne,|wii?i Ui* nnllMrt farrra. ' t and - That Hie* ed Baby, ?nd inth#?TM<IM fit* In ?parma? ooWMily 1 tliled ill Ibal tllWrm >? NotOoW. Mr t. B. ? Tl * rrry poptilar romedian haa >? ??e.l ?o aurat u?e bill tor hi# bauutt, at WaiU?*'?, to ?irmtr ? ' fnfB* Hr.n. Crnt'rf *<?? Wooi> ? Mi%?t?st? mjieat i)m bwlaartM CI Motif *|'ia?U, with ?>|)|* ami danrea, to ntjht. T> r?r< ?i ?r? te?dnr ku??ro*!? 1 .???? *n\ Uov ?r?M lUiioplan > ?T?kTB ?T "Trovatora, tar thta "venlo* <"ni5*-r II ? ' i- ? Kpli. Horn foniimiM hn rreaatiblo jokea, and tk'hl'?? Min?'reN their cepl'al tonga. A<\ Ban<mrtr Am?w*c*.-Tb? vlraii-u of rtw> Wnllful ?hot i )<1 are ttaeahildrrn m their a!"**!!! aUez?rl*al tahkaatia, Ac. Mum Kb* a Ht > i > * * m Rnrrnv? Thia otannimt ami ae-? rompltokfd lady h?? mat wlUi ? rordtal ami tniti<Mi*?Uaram* imw in 8o?t<m. whfra ifcf public a r* d?li|hi?<l widi Mr, Ml I Ihf Jirn* *llh one atrord pronoun '? h?r WrtaianK.nt adM r:tble. Thin W mm ki itifjl.iii to ihf lady >nd h>v ^tiaadi an>t ? jitirt irihnta la latent. Wo hWN r<-?ir Vl?i brilllMit and proaperon* career, and ?h* well i* .^erres 1??*l lutrlllg? iy., Th? More ?hip llellet leaves tbm por", m Hutnrtlar mora iBf, Ue t'lh Inal., far HK? .lanMir WlU, .torwifor II. ? ?qnadron The IK 8. N*v?l I,ynr ?m ,n.k? up letter b?f* at thatf room, lor the S?^.IBIh IMohrlif*. kad tha Gc rmWMoirn, *11 on the coaat 0f Brftxtl. Tha aloop of w*r ftj ? arrlrri kt Newport kfker. ooou ot 94 iu?t . (torn ? v mm.