Newspaper of The New York Herald, May 30, 1873, Page 5

Newspaper of The New York Herald dated May 30, 1873 Page 5
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THE COURTS HE WIMSTOH-ENGLISH LIBEL SUIT. A Review of the Case by the Court? The Boil Reduced and Mr. English at Large. GEORGE FRANCIS TRAIN Tbe New De Lunatieo Inquirendo?A Sheriff's Jury Sit Upon the Pagan Dietator and Bring Him 0ot Sane?He Will Be Driven Ont of the Tombs To-Day Nolens Volem. BUSINESS IN THE OTHER COURTS. Summaries?An Alleged Infringement of a Patent?The Six Million Suit Against Tweed, Ingersoll & Co.?The Liabilities of Ex press Companies?Trials and Sentences in the General Sessions. Anna nigglns was charged yesterday before Commls - tioner Shields with having committed penury in swear ing that she was the widow of a soldier drawing a pen sion from the United stale*. It is alleged that she is a married woman. The Commissioner held her in SI>000 bail for examination. In tke United States Circuit Court yesterday, before Judge Benedict, Ueorge Parsons, who had been indicted for shipping fireworks and branding them as "fancy goods," withdrew his plea of not guilty and pleaded guilty. His counsel read affidavits to show that Mr Parsons was ignorant or the law, and that since tlic law bad been called to his attention he had marked all ship ment* of fireworks in accordance with the legal re quirements. The Judge imposed a tine of $100 and tliis ended tbe matter. In the United States Circuit Court yesterday the trial of John S. Kirwan charged with abstracting a money letter from the Post Office, was resumed before Jadge Benedict The evidence was entirely ot a circumstantial character. The Jury convlctcd the defendant, and unan imously recommended him to mcrcy. The criminal business of the United States circuit Court will be resumed to-day ("Decoration Day") before Judge Benedict, at the new court room, 27 Chambers street. A motion will be argued in the ense or (teorge S. Dunning, i?r whom ex-Mayor Hall appears as counsel. In fixing the time lor the argument, the ex-Mayor remarked that it would be just as appropriate to "orate" as to "dec orate." A motion was made yesterday before Judge Davis in ihe Court of Oyer and Terminer to postpone the trial of William M. Tweed antil next October on the ground of th? Illness of the senior counsel, and that the trial conld not be salcly proceeded witb in his absence. It was claimed, In opposition, that the trial had already been loo long delayed. It was finally arranged to dcier the motion till next Monday, when n-.cdical testimony could fee adduced as to the condition ol the counsel. In the snlt against James H. Ingcrsull, brought by the people, a motion was made yesterday in Supreme Court, Chambers, before Judge Panchcr, to set aside the judgment roll and judgment It was claimed that as the case is to be argued next week in the Court ot Appeals, the proper place to interpose the present objec tions was in tbe latter. After quite an extended argu ment the motion was denied. In tbe suit brought by Mr. Winston, of the Mutual Life Insurance Company, against Mr. English, publisher of the Insurance Times, lor $100,000 damages, for an alleged libel, in which the bail of tbe latter was fixed at $20,000, and in default of which he has since the 23d of last Janu ary, been confined In Ludlow Street Jail. Judge Curt!*' of the Superior Conrt, yesterday reduced the bail to 12,000. The reduction secured to Mr. English his coveted freedom. There is a prospect of the city criminal authorities get Ung rid of their huge elephant,Ueorge Francis Train. The Sheriffs Jury directed by Judge Fanchcr, of the Supreme Court, to Investigate the qocstion of bis sanity, met yesterdav and brought the case to a speedy close. Neither the D:strict Attorney nor any of his representa tives honored the occasion with their presence, so the case was all one sided and clear sailing. Several physi cians testified to the present sanity of Train, and the jury rendered a verdict to this cffect He was remanded to the Tombs to await bis final discharge by Judge Kane her this morn ing. All the State civil Courts except Supreme Court, Cham bersand Supreme Court,Special Term,took cognizance of Ithe lact of Decoration Day being a legal holiday uad ad ourneu over till to morrow. THE WINSTON-ENGLISH LIBEL SUIf. Redaction of the Bail of Mr. English? The Equities of Bail as Defined by Judge Curtis, of the Superior Court. All the facta connected with the suit brought by Frederick 8. Winston, President of the Mutual Life Insurance Company, against Stephen English, publisher Si the Insurance Times, have been published in the IIkhalp, It will be remembered that directly succeeding the pro ceeding* for $100,000 damages on the ground of alleged libellous publications in the Insurance Timet, Mr. English was arrested, and, in default or |2'.,,000 bail, lodged iP Ludlow Street Jail. A motion was made yesterday before Judge Cnrtis, of tbe superior Court, for a reduction of the bail. It Was urged on behalf of Mr. English that since the 23d sf last January he had been in close confinement; that lie baa suffered and is suffering great pecuniary loss and mental and physical hardship through his imprisonment; that his health has been greatly impaired in cense anence; that his standing and business have been greatly affected by it; that if kept much longer in prison his business will be ruined, and, finally, that he is unable U> Erocure the ball reguired. It wax also shown that he is eld to bail in $10,000 in another suit brought by Ueorge 9. Hope in tho Supreme Court. It was asked that the bail be reduced to $2,uuu. In opposition to the motion it was simply urged that they did not wish to very strenu ously oppose the reduction, and that all that was sought was to secure his attendance is Court tor trial. DECISION or JCDUB CURTIS. in deciding the motion Judge Curtis said that the law in requiring ball seeks only to nave security that the de fendant's person will be within the jurisdiction of the Court to be amenable to its final judgment. There is no element of punishment in its requisition There is noth ing in the papers showing that me defendant will prob ably seek to escape beyond the jurisdiction ol the Court. On the contrary, It appears that he voluntarily came within its jurisdiction and submitted to arrest. The plaintiff's counsel in the argument stated that they did not desire to be considered as strenuously opposing the defendant's applica tion lor a reduction of the amount ol bail. The attend ant's counsel asked to have it reduced to $2.<fl0. In view <if these considerations and without undertaking to pass in any degree upon the merits ol the controversy, 1 think there should be an order reducing the amount of ball to the sum ol $2,000. On the rendition of the above decision Mr. English promptly procured the required bail and was at once released from jail. GE0EGE FRANCIS TRAIN. the Investigation \i to His Sanity Be fore a Sheriff's Jury?Failure of the District Attorney to Put In an Appear ance?A One-Sided Affair and Smooth Sailing?Train Declared Sane and He la To Be Discharged This Morning from Prison. The Train tempest Id a teapot has come to a close, for which, doubtless, the public generally, and certainly the law reporters particularly, are devoutly thankful. The great "Pagan Dictator" has been declared sane by a Sheriffs jury, and there is every pleasing prospect now sf the city criminal authorities finally getting rid of tho monster elephant that so long has been such a source of discomforting annoyance. Knowing that a Pherlff's jury, pursuant to the recent order of Judge rancher of the Supreme Court, would at four P. M. yesterday enter upon an investlgatioi as to his sanity, there was assembled at this hour a large ?rowd in the room of the Court of Oyer und Terminer, where the investigation was to ba had. As at the recent "Train matinees," there were numerous ladies in attend ance. George was promptly on hand as usual, bis face radiant with <railes, and the beautiful flowers deco rating the lapeli of his coat diffusing a grateful fragrance ail about him. 11 is e< unset, Mr William F. flows, seemed the personation ol cool comfort in his light new suit, and forme'l a marked contrasting picture to h's dark-dressed associate, Mr ( lark Hell. Mr Jeel A. Stevens, Under Sheriff, presided, and ordered the panelling ol a jury. Thia was quickly done. "Ilaee you any objections to the jury!" asked Mr. Stenhens. ' "None whatever," answered Mr. Howe. "We are will ing to submit our ease to any twelve sane men, which we know this jury to be." Mr. Bell called attention to the fact that the District Attorney or f)o one representing him was present He added that w>uct the utYtiugawvp had niit unjjr bt?u fives to tbe District Attorney in open C?urt-bu* ??* ?? Act of the investigation commencm*iT know nounced in all the mornlag papers. 10 whether they would proceed In his absence. "We will go on," promptly answered Mr. Stephen*. .worn Mr. Howe proceeded to open tbe raw He described first the nature of 'be.0"''"! olJtidge Fancher, under which they were convened, and dwelt upon the gravity of the i?Ij He reviewed Uie proceeding* tffaM Jadge Dav* an* said that there wa? no inte ntion then to intMDjjsirlor Mr. Train the plea ol insanity, but that upon l>r. Crow, who was hostile to Mr. Train, ielng called as a wiUmS. and dAlaring Mr. Train to be insane, the Judge shut them off from proceeding any further and gave the peremptory order to send Mr. Train to tbe BttteXunatic Asylum. He insisted that Mr. Train was as fane as anv one in the court room that be was not a moral coward and thaf in his late trial he desired to be tried solely on the merits of his ease. The roaring eloquence of his closing remarks out-'trained Train in bis woods of most felicitous utter "Next followed the testimony. This was even briefer than the opening. Dr. Morse testified that be nad known Mr. Train lor the past fifteen years; ht bad been en gaged in the Prison Civil Service in Bngland, and -was at one time Uovernor ol Prisons in England and Ireland, he had had a great deal to do with criminal lunatics; he had seen Mr. Train in the Tombs seven or eight time*, and made a most searching investigation as to the condition ol his mind; lie pronounced bim perfectly sane. Dr. Edward T. Girson testified that he had known Mr. Train lor uearly two years; he bad had extended experi ence with lunatics, and alsu pronounced Mr. Train per Dr'Edward Penguet testified that he had been a prac tising physician in this city for the past flliaen youra; h? had made diseases of the brain a special "tody; be saw Mr. Train three times and talked with hiin with a view to ascertain his mental condition; he likewise pro nounced him perfectly sane. _ .?K._ nt Mr. Howe said they might call an unending number of witnesses who would corroborate the testimony that had keg given, but he did not think it necessary to cumulate the evidence on this point He read the f?dayit of Dr. Nealis, Physician of the City Prison. Mid that ol Warden Johnston, both pronouncing Mr. Train sane and sale to lie ut large, and called attention to the fact of these till davits having accompanied the petition to Judge Kanchsr, asking the present investigation. He then called, as the concluding witness, Mr. Cardozo, tj?e'"-If in tne investigation before Judge Daly, wlio simply testi fied to the verdict of sanity as rendered by that jury. The above blushing all the testimony in the case Mr. Bell briefly summed up. He reviewed allth<' leual proceedings in the case ol Mr. rrain aad submitted that there was but one conclusion?to pronounce him Stephens said that as the District Attorney was absent he would not charge the jury, but simply content hisAM If with reading Judge l-ancher's order. Ml the close h The iury retired*as directed, bnt in lew than five min Ut"lln'vctyoutngrfed on a ver,:ict?" asked the Clerk as soon as they had taken their seats. "We have," answered Uie foreman, rising. We find George Francis Train sane now and sane on the ?th ot "^r'^aln'^iowed'hluisSli pleased with the result, and so did his counsel, und so did everybody present, tor it was clearly evident that they were ull friends of Mr. Train, lie was warmly congratulated on all sides, and its for the Indies they were slearly beside themselves with jUBi'a oue'more act in the farce remains, and that is the formal discharge ot Mr. Truin this morning by Judge Fancher, pursuant to the above verdict This will be concluded at the e anient moment poettible,. and the pron anility in that the place that ha? known him bo long will know him no more, And that there will be consequent re joicings among the prisoners at the Tombs. BUSINESS IN THE OTHEE COURTS. UNITED STATES CIRCUIT COURT. An Alleged Patent Infringement. Before Judge Blatchford. The Massey Water Meter Company recently applied for an Injunction against Jose F. Navarro for an infringe ment of a patent owned, as claimed, by them, and com mitted in the manufacture by Navarro of water meters under his contract with the city, also against Comp troller Green to restrict him from paving Navarro for tbe water meters furnished the city. Alter hearing the affidavits on both sides setting forth the peculiar machinery or the meters (one working by gravity and the oilier by some secret means not dis closed) Judge Blatchford denied the motion for injunc tion, and substantially held that the two processes were entirely different There are over a hundred water- . meter patents in existence, all ol whose machinery was more or less described in the discussion, and the owners 01 which are likely to contest every ease. COURT OF OYER AND TERMINER. Pleas or Guilty and Sentences. In this Court J odgc Davis yesterday sentenced to one year each In the Penitentiary, Willium Doran and Peter McOraw, they having pleaded guilty to an attempt at '"Edward Williams pleaded guilty to an attempt at grand larceny, and wan sentenced tor two years and si* months to state Prison. _ ~ . John Ccpway was acquitted on a chnrpe ol larceny. There being no ether cafes ready the Court adjourned till next Monday. SUPREME COURT-TRIAL TERM?PART 2. When an Express Company is Not Liable. Before Judge Barrett Messrs. Charles P. Huntington A l'o., of 8t Louis, in l?66scnt $2,6110 by Adams A Co.'s Express Company to Natchez, Miss. The money tailing to reach its destina tion. suit was brought In this city nguinst Mr. Olnnnore. President ol the company. The case came on tor trial vesterdav. It was shown that the money was safety car ri< d te e'airo and there delivered over to the feoutlicrn Express Company. A motion was made to dismiss the complaint on the grounu that the defendants, as specified in the receipt given to the plaintiffs, were not responsible beyond their route. The Judge grunted the motion, thus dieinitsing the complaint. SUPREME COURT?CHAMBERS. The Six Million Suit Against Tweed, In gersoll and Others. Before Jndge Fancher. The case of the People vs. Tweed, Inpersoll and others.? The well known six million suit came up again yesterday morning in this Court. It came up on a motion by the delendant, James 11. Ingersoil, to vacate the judgment In his own favor, and set aside the judgment roll. It was argued by Mr. Elihu Root and Mr. David Dudley Field tor the defendant and Mr. Wheeler B. Peckham and Mr. Charles O'Conor (or the plalntliVs. It seems that when the General Term in this department affirmed Judge Hardin's order sustaining Ingersoll's demurrer, they ordered judg ment lor the defendant, with leave to the plaintiff to t liter it il the defendant did not. The plalntifls did so immediately appealed from the Judgment, which tiiev entered to the Court ot Appeals. ihey also obtained an oruer setting the case down specially for argument in the Court ot Appeals on the 2d of June. The defendant Incersoll has noticed a motion in the court of Appeals to dismiss the appeal on the ground that there can be no judgment in lavor ol lngei soll until the issue ol fact as to Tweed has been disposed of. This motion was on tbe tame ground. Judge rancher declined to in terfere until alter the motion in the Court ol Appeals was heard lie gave leave to renew the motion there, and dirocted the Clerk to certify Ms order on this motion to the Court of Appeals witn the other papers in the case. Decisions. By Judge Fancher. Reppcr v?. Repper.?Krport of referee confirmed, and judgment of divorce granted. Hoganvs. Mogan.?Report confirmed, nnd jndgmcnt of separation granted, with alimony and costs as stated '"cumfnerford vs. Wildman ct al.?The inquest and judgment are to stand as security. Kees vs. the New York Waterproof Paper Company.? Motion tor .udguient granted. ... Glowskl vs. Besziger A Bros.?Defendant s motion fora reference denied with $10 costs to abide the event SUPERIOR COURT?SPECIAL TERM. Decisions. By Judge Curtis. Lockwood vs. Burke.?order dismissing proceedings against Thomas Fmilh. Lediard vs. Lavm.?Motion granted. Benziger vs. Ilirsettach.?Motion to place causc on special calendar granted. Griggs vs. Mux low et al.?Motion to amend summons and to discontinue as to Mrs. Muxlow, without costs, granted; no cost of motion to either party. Line horn vs. Mead.?The plaintiff uiay discontinue his suit on pavment ol $12 costs to the delendant. Keln ?t al. vs Tuppcr et al.?Plalntifls'motion granted on filing security In $500, with sureties to be approved. Sthroeder vs. Bchroeder.?Motion to punisn for non patent of alimony denied, without costs and without prejudice to renew. (See opinion > By Judge Sedgwick. Stover vs. Porter.?Motion denies. fames vs. J'latt et al.?Order denying motion tor a new trial. _____ CCUftT OF 6ENERAL SESSIONS. A Horse Case?An Employe of the Bleecker Street Railroad Charged With I Cruelty to a Horse?Disagreement of , the Jury. Before Judge Sutherland. The only ease tried in this Court yesterday was an in dictment against Samuel T. Warner, a superintendent of the drivers ol the Bleeckcr street car line, who was charged with cruelly treating a horse. Mr. Henry Bcrgh, tho President ol the 8oclety for the Prevention of Cruelty to Animals, testified that on the 16th of May, 1S72, his attention w?s called to a horse attached to a car cf the Bleecker ?trcet IHie, In Bleecker street not far from Broadway. The asiuial was very emaciated, was perspir ing greatly, was apparently In pain, and one foot had a very large suppurating sore ?n it; the disease being called "quitter." While Mr. Bergn was examining the horse, Mr. Warner came up and said he was the Superin tendent of the road and refused to have anything done with the animal. The driver of the car, named Travis, wus arrested. Thomas W. Hartfield, the Superintendent of the Society cf which Mr. Bergh is President, also de scribed the condition of the horse. f>r. Liantard. a vet erinary suriteon. described the nature of the one sac called "quitter," and from the description of the horse in question given by the witnesses lor tne prosec utlon he thought the animal was unfit for work. Another veterinary surgeon tinned Grlce was also ex amined as an expert and created considerable excite ment in Court by his egotistis and impudent replies to the questions propounded by ex-Recorder Comb. the counsel for the delendant Or. O'Khay, a veterinary surgeon was called as an ex pert by the defence, and said that when Uie disease of "quitter" reached a certain stage is the process of recovery, moderate excrclse was inore beneficial than iniurlous to the animal; and that In his opinion the horse in question, which he had seen a day or two after the ar re?t of the accused, was able to perform light labor. The President of the road <Mr. (on over) the delendant, the foreman of the stable and the "starter" all testified that the horse which gave rise to this controversy was only suffering slightly Irom a wonad, and that at the present time he whs sound and healthy Mr Warner testified that after the driver was arrested Tolice Commissioner Barr instructed him to drive the rur to tiie depot, which he did. Awistant District Attorney Russell croas-f xamined the witnewM s ably, unU made a torcible appeal to tbe iury lor Uw cMiYietom of U? deiendaut, HtUtviwt (hat a van vti marie out of* clear violation of the proTUoa of the statute upon which he wa? indicted. _ . . The jury, not being able to agree, were discharged By His Honor at a late Boor last evening. , Michael Dalton, who was convicted ol receiving (tolen goods, was sent to the Stale Prison for one year, JEFFERSON MARKET POLICE COURT. Highway Robbery. It the Jefferson Market Police ?"ourt yerterday, before Justice Ledwith, James Cregan, of S# Third avenue, wa? charged with highway robbery by James Hlckey. ol West Filty-sixth street The complainant testlfled that on Wednesday evening, while in Twenty-sixth street, near Seventh avenue, he was set upon by a party Of men who knocked lilw <iown, beat liiui severely and took trom him his vest and coat In the poeaei of the latter were some seven dollars In money. He eried lustily lor help, and Officer Kellv. ot the MX teenth preeiact, came up and succeeded in arresting Cregan, who had the coat in hi* possesion. Theotneis escaped. He was committed without bail to auswer. Burglary. B. D. Nichols, charged with breaking into the hardware and bouse lurniahing store of David Shaw, at 2H? Sixth avenue, on the night of the 9th of April, and stealiug a ouantiiy of plated ware valued at $4S, was locked up 10 answer. BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. Alleged Violation of the Pension Law. Before Judge Benedict. In the case of Krank M. Jones, who was indicted on the charge of having violated the pension law. Judge Bcnc dictyesterday rendered the following decision:? The United States vs. Frank W. Jones.-This case come* belore me upon a motion to quash the indictment upon the u round that the statute under which *t^ra?fri*incil has been repealed by the actol J. the effect ot the act ol March i, 1K7S, Is to repeal th? "X'" enth and eighth sections ol the act of July, 1OT0, was the question discussed by the counsel upon the hearing. But this question is of no consequence in view 01 the provision ol section 4 of the act of Febuary M, 1X71. As it cannot lie claimed thatthe act of March J, 1873, expressly provides lor the extinguishment of UM penalties prescribed for a violation of the act of July s, 1H7U, by virtue of the aet ol February, 1H71. the prisoner may still lie prosecuted for a violation of that act, although for all other purposes It has tieen repealed. The motion to quash must, therefore, be denied. SUPERIOR COURT-SPECIAL TERM. Alleged Defective Commitment. Before Judge Pratt Counsellor Oray yesterday applied for the discharge of John Mulvey, who had been committed to the Peniten tiary by one of the Justice* on a charge of iarcel?y* MJ> Gray contended that the commitment had been improp c rAssU wn t? District Attorney Cullen contended thatthe commitment was correct, and suggested thai Mulvey had bettrr show ?hnt he was not the thiel. Judge Pratt reserved his decision. Ucclalona. By Judge Gilbert. E. J. Mooller vs. H. Altcnbrand.?Case not rcfcrrablc; order mutt stand. ..... ? i J. N. Htt arns vs. B. K. Brown.?Motion to vacate ap pointment ol Commissioner*; motion denied, 4c. CITV COURT-SPECIAL TERM. Occlslem. By Judge Neilson. Paws Kay.?Order flint plaintiff pnyto his wife ali mony. *10 per week, ami $25 lor expenses of suit. Leave to apply lor lurther rcliel on the merits of the ease tielng U1tStler1Ts.'Bering.?'The order of reference and subse quent proceedings thereon discharged and set aside. Issues referred for trial to Robert Johnson. Weir vs. Scfcwilger.?Order as to reply granted. In matter of construction ol will ol Eliza Trcadwell.? 0?!empke'vs.' Lenipke.?Vnder the special circumstances, order lor alimony, Ac., relused without prejudice. Foster vs. Brewer.?Application to set usidc attach rocnt denied. COURT OF APPEALS. Ai.imnv, May 29, 1S78. I Motions decided in the Court of Appeals, May Motions denied?tloeller vs. Levy; Hewlett vs. Wood. ' Motion granted?neins vs. Kelnes. Day calendar tor Iriday, May .10, U<73.?Nos. 130, 1?>. 136, 124,139, 140, 141, 142. THE SMALL HABEAS CORPUS CASE. Judge Faneher Esplalns? Another Writ Necessary to Secure the Father His Child. Tlie decision of Judge Faneher in the case of Small vs. St. Barnabas House, growing out ol a writ of habeas corpus obtained by Small for the de livery of his daughter to his custody, has elicited much comment both outside and among the legal fraternity. The excuse offered by Judge Faneher that he believed the Episcopal minister to have been a Catholic priest is regarded as totally irrele vant to t!ie question at issue?namely, whether the lather was to have the custody ol his own child or not. Although there seems to be a question of veracity regarding the presentation of affidavits going to show the good character of the man, this Is also regarded as out of the question. The father was to be regarded as a worthy person until charted or proved otherwise, and, so far as can be ascertained, no charges of the kind were made. Id a conversation with Judge Faneher yes terday a Herald reporter elicited the following '"i^EPORTER?-What Is to be done with the child r IB her lather to get her or not ? Judge Fanciiek?bhe will probably stay where she is, unless the father takes out another writ of habeas corpus. I found myself powerless to do any other way than as I did. The girl was not in the St. Barnabas House. She waB out at service in a respectable family. The father can readily get the child by applying for a writ ot habeas corpus to be served upon the woman wno has the child 111 custody. I gave Mr. Suiall's lawyer the name and address of the woman. Ukpoktkk?1 have heard that affidavits testifying to Mr. Small's good character were presented v judge Fancuer?Not at all. This is a mistake. 1 did not know anything about him. N\ hen the case waa called 1 heard the testimony lrom the minister (whom 1 took to be a priest, and the priests are generally right in these matters) to the effect that the girl did not want to (to back to her father. He said that the girl had been brought to St. Barnabas House by the mother; that she had been kept, for some time, and that a good home had been found for her. 1 was also given to understand that the establishment vouched lor the lamlly with whom the giri ha* been placed. I asked the girl herself If she desired to go back to her father and she said that she did not. As she went out ?f the couTt room, furthermore, I saw her turn around and make a face at her father. It was not a question of religion. It was merely a legal lormality which prevented the father from having the custody of the Blrl. If the writ had been served upon the woman In whese house she was, the parent could have taken her. The fault existed in the lact that the writ was served upon an establishment which no longer had possession or the child The Common Sense Legal View of the Can. To the Editor op the Hbham>:? We are at a loss to understand th? letter of Mr. Justice Fanclier, which appears In your issue or this morning, relative to the Small habeas corpus ease, in which we were counsel ror the petitioner. The sworn petition of the rather and_ the affi davits of the mother's brother, up?n which Judge 'Faneher allowed the writ, show the motuer to be a confirmed drunkard and the father to be a sober, industrious man, capable ol properly caring for his children; and the rather expressly swore in Ids petition "that on or about the 24th day of April, 1873, hlB said wife sent your petitioner two of his said children, and placed one child, named Elizabeth Mary Small, of the age or thirteen years, In the care aud custody ol that branch of the New York City Frotestant Episcopal Mission, known as the St. Barnabas House, ao4 Mulberry street, New \ orx ctt*. ? ? ? that vour petitioner and his said wife are members ol the Kornan catholic Church, And have brought up and educated their children ! in theRoman cat hollo faith, and that said child has been educated in that laith and no other, and is now a Roman Catholic; * * * that said insti tution is not a Catholic institution, but is, aB your petitioner is iniormed and believes, aIrotestftnt Institution." How, under such a statement tf facts, enloraed by counsel's remarks in open Court,, and after kis owu declaration in answer thereto, as correctly reported In the newspapers, that he would not consider the religious question at a , Judge Faneher can have fallen into any such deiu slou as his letter will suggest, is a matter which the public can judge ot. ...? But doeB Judge Faneher mean to say that, hciiev ing that a Catholic institution had taken away a Catholic father's child, he thought the law gave the rather no redresB 1 Can a Catholic or Frotes tant institution take away any Catholic *r Protes tant child rrom Its parent's control and be allowed to kee? It ? or did Judge Faneher think the lather was a Protestant, and did he lnteud to favsr what he considered a catholic Institution? Or, finally, apart lrom the religious question entirely, has not any sober, industrious, well-behaved lather, who is able and willing to support his minor children, a right to have theui as :.#rainst all institutions and all personsv Is not this the foundation law or so ciety and or the domestic relations; and ought this not to have been enough to have guided Judge ran cher in his decision or, at least, to have led him to order an Investigation? All these questions lead to but one answer, and the public, we think, have already given it. ? . .. The rather has, since the decision, availed him self or nature's law, and has taken his child into hi? custody, as he had a right to do, and Judge Fanclier's good Intentions are too late and no lon ger necessary. BltEEN A SFfcLLIfcSY. May 28, 1873. The Judicial Disposal of Children?let ter from the Em-Surrogate. To thb Editor or the Hkrai.d:? since Judge Faneher has explained his action in the small cane, as having been ivu&ded e& entire misapprehension 011*cts, a word on the question of the judicial diapeaal ol children may not be ont of place, from one who haa bad a large and long experi ence in Hucb matter*. During the seven years I sat in the Surrogate's Ceurt (including the years of the war, which brought In upon us so many orphans), the direction of tne education of thousands of little ones was in ray hands. An observance of uniform rules produced satisfaction in most canes und accomplished material justice, I think, in all. The religion ol the parents, where both were of the game faith, was considered the religion or the minor, and prosclvtiam was never encouraged by jadicial action. Catholic children were confided to Catholic teachings, Jewish children to Jewish tui tion and Protestant children to Protestant influ ences. But in those caso? where there was a re llgtoua disagreement between the parents the tatlier was invariably held to have the sole rlgbt to control the children born in lawful wedlock. This is the written law of the State aa it is to be lound in the Revised statutes:? The father of a child. under the nee or twenty-one Sears and unmarried, can dlH|><>*e of the custody and tui on ot?such child during its minority. It will he observed that thq Legislature in its wisdoui has given the lather and not the mother this power. It is the father's wishes, which, in case of a mixed marriage and in the absence olany ante-nuptial contract, are to be considered in re lation to the child's training. The observance of

rules like these by every Court would avoid the unseemly religious squabbles which now some times occur, our Judges should not. imagine them aclvcs either legislators or missionaries. We want them neither to make law for us nor t* proselytize our children, but to lay down tlxed rules in ac cerdance with law. and oulorce them. GIDEON J. TUCKER. AN ALABAMA GARDEN SCENE. An Opelika Method lat Bcea Too Much? Admonlahei a Young Sprig of the Aris tocracy Agulnat a K<-petition of His Of fence and la Aaaaaalnatect?A Lady's Kepatutlon Involved and the Opelika Arlatocrary Excited. [Correspondence of tne Atlanta Herald.) opelika, Ala., May 1*73. The citizens of Opelika were startled into excite ment on yesterday evening by the report that Mr. Thomas Phillips had been shot und mutually killed by Mi. John Hooper, both parties beiug residents here. THE VICTIM. Mr. Thomas Phillips was one of the most highly esteemed members of this community?a man al line character, who had for many years been prominent and influential In this county. He had held various positions ol trust and honor, having been Judge of the Court of Macon county and Sheriff. It need to be Ills boast that he hud served thirty years as Sheriff, deputy sheriff and constable, without having a dif llculty with auy person In the discharge of lus orhctul duties. Mr. Phillips was a member of the Methodist Church, and was about, firty-cigiit years of nge. He leaves a wife und family to mourn his untimely death. THE SLAYER. The slayer, Mr. John Hooper, Is a young man about twenty years of age, a sou of Judge J. D Hooper and a brother ol tieorge W. Hooper, the Solicitor or the county. ORIGIN Ol-' THE DIFFICULTY. The origin of the difficulty wus, it Is said, ns fol lows :?Some weeks ugo, while Mr. Phillips and his wife were in the garden one evening just about dusk, they were witnesses of a gross act. of immo rality on the part of John Hooper and a young girl of this place, in the rear or their premises. HOOl'BK ADMONISHED. Mr. Phillips, us a member of the church and also 1 as a mend to Mr. Hooper, sought the young mau on the following day aud remonstrated with lnm on his conduct, at the same time admonishing him to be more cautious as to privacy in his indecent Intercourse with the young woniau in question, as not only he and Mrs. Phillips, but otherB also, hud been witnesses ol what had occurred. PHILLIPS THREATENED Young Hooper, it is said, flew into a passion, de claring that nobody but Mr. Phillips had seen it and that if that gentlman ever told it to anybody lie (Hooper) would shoot him. Mr. 1-hllltps re joined that others hud witnessed it, but that so lar as he was concerned he did not intend to make any mention or the matter to any one, all lie de sired was to warn Hooper of the consequences ol his open disregard or ordinary caution in the prac tice of his immoralities. THE SCAKDAL SPREAD. It appears that among those who were witnesses to the improprieties of the parties were several negroes, who, as might be supposed, s ireud the story on every t>ide, giving the young lady's name, together with all the indecent details. Very soon the scandal spread from one end or the town to the other, and us the young lady's connections are very respectable it became evident that Hooper . must do something to repel the charge ol guilt. MR. PHILLIPS ATTACKED. This Hooper did by killing Mr. Phillips. He ap proached that gentleman yesterday afternoon In the presence or two or our most respectable citi zens, and ciiargcd him with having spread the re port. Mr. Phillips replied, denying that he had ever spoken or the matter to any one. Hooper then demanded that Mr. Phillips should deny ever having seen him engaged in auy improprieties w ith the youug :ady. Mr. Phillips replied, declining to accede to the demand, on the ground that he would not voluntarily tell a lie. TUB KILLING. Mr. Phillips was entirely unarmed and at the mercy or bis opponent. No sooner had lie refused to deny that he had witnessed the improper con duct than Hooper drew a revolver and levelled It at the unrortuuate man. Mr. Phillips called out to him, in the name of Cod, not to shoot, and made a movement as ir to seize the weapon. Knlore he could execute his purpose, nowever, Hooper fired and the bullet entered above his left bream, pene tra'tng the heart and causing instant death. A second shot wus fired, but the bullet missed, and before he could fire a third time he was arrested. A JUDICIAL KARCK. The deed committed, Hooper walked off calmly with the officer and surrendered himself to tne au thorities. Then took place a perfect farce. Mr. Hooper was a clerk In the office of a Justice of the Peace named Vlckera, and lie was brought before his ioriiier employer. It 1b said that when bail wus asked Vlckers promptly agreed to tuke it, ami named |a,500 as enough, and that Hooper's brother, the solicitor, suggested ffi.OOO, as this sum was larger and would prevent people talking. PUBLIC SENTIMENT. I merely give the drift ol public sentiment when I say that the killing or Mr. Phillips is regarded by the respectable part of the community us one or the most cold-blooded and premeditated mur ders on record In this state. Hooper sought, parleyed with and deliberately shot his victim without resistance aud withoat Mr. Phillips knowing ol this parposc. It Is the general opinion that if Hooper is ever tried, and if a Judge ol the chuructcr or Judge Hopkins, of your city, presided over the trial, that he would be convicted. I'nfortunutely, we have no such men as Judge Hopkins here. It is all a question ol money with our trenchant and venal officiuls. INDIGNATION. The hailing or Hooper has excited deep Indigna tion among all clasMt or our respectable citizens. I trast that you will send a reporter of yours over here to make an investigation or this killing. Al though your correspondent believes he writes without prejudice, still your readers may not think so, hence the necessity for your sending a reporter here. My aole purpose in writing has lieeu to cor rect the lying telegrams sent to the newspapers from tliis city, which represent Mr. Phillips us the slanderer of a young lady and a young man. ANOTHER ACCOUNT. Last night our reporter called on Mr. W. B. Thomas, one ol tne most prominent lawyers of Ore Ilka, lor the purpose of obtaining any information pertaining to the Phillips-Hooper affair that he might be able to furnish. Alter exchanging cour tesies and stating the object ol his call the follow ing Interview took placer Mr. Thomas?I cannot furnish yen with any infor nut ton concerning the affair, as I left Opelika the day before Mr. Philllpa was killed, but am familiar with the cause of the disagreement, which was the circulation or certain rumors credited to Mr. Phil lips. Reporter?Did yon ever hear of these reports as coming from Mr. Phillips, and what was the nature of them? Mr. Thomas?I have heard many reports reflect ing an the character of a lady ol our town; each of my informants gave Mr. Phillips as hie direct or Indirect authority. There reports were tald in a confidential manner, but were not confined ta a few. Reporter?Did you ever 6peak t? Mr. Phillips re garding these rumors r Mr. Thomas?I never spoke to Mr. Phillips in ref erence to the matter, but understood from a friend or Ills that Mr. Phillips had made many endeavors to suppress the rumor, as there was a possibility or his labortng under a misapprehension, and a more especial reason for his desiring that the matter should be "hushed up" wax that he was a pattlcu- . lar friend of the Hooper family. Reporter?Did Mr. Phillips make any positive statements about the criminality of this couple '/ Mr. Tuomas?The ramor was circulated by Mr. Phillips, giving the occurrence ratner as a coujec tare than as an actual fact. He, In speaking of the matter, mentioned the occurrence time and place, but omitted mentioning the name of any of the parties, other parties supplied the names of the actors and converted tils conjectures Into positive statements. I don't believe, II the report had been circulated as originated by Phillips, that any offence could have been taken. It wns alter hearing the report circulated as a positive asser tion that lie commenced making an effort to sup press it, as there was a possibility of his doing the luiy a great injustice. Reporter?How did these people stand In the community f Mr. TnoMAP?All stood high. The lady figured In first circles. No family stood higher than hers. , No lady was more universally esteemed by all. These reports astonished everybody. I coulu not but be lieve that there was some mistake. I was intimately acquainted with Mr. Phillips. No one, in my opinion, had a better record for integrity and honesty. He stood well in the community and was universally respected. Hooper Is of an excellent family, nephew or i Judge Hooper, the author of "ftlmon Suggs." His father is a prominent lawyer in Opelika and his | brother solicitor of the county. Hooper is only I eighteen or nineteen years old, but wat) a young I man ol tome uromibe. HEAL ESTATE MATTERS. A Buy Day la PIm Street?He nvy Operations?Mtsa Rcllioa, the Actress, *? ? Real Bitate Operator?lmportaat Sale of Suburban Realty. Taken every way yesterday may be set down aa having been a busy day, both in private and pub lic transactions in real estate. Tbis activity fully demonstrates the beaitby state or the market, which pames in stocks or gold cannot affect in any degree. A money lockup may slightly embarrass operations by retarding the same for a short period; but any person wanting a lot on Manhat tan Island will purchase It, no matter how stringent tunda may be. It is of very little importance where property is located?whether east or west? the inquiry therefor ha* been sharp, aud the prices have kept up very strong. We have had occasion several times to comment upon the BtifTnewM of sellers towards purchasers. The system is to be deprecated; for In this busi ness, as in every other, there should be exhibited a degree of accommodation between contracting parties, a half-way meeting should be the hhlbo leth of real estate operators, and then we would have no particular season when trade In lots is dull, but an even tenor might be maintained dur ing the entire twelve months in the year. How i?PK>vement in this respect has been had lately, and hence it has become an easier task to sell property, and to belter advantage. All 01 Pine street was alive yesterday, the sen sation being caused by the appearance of the charming and fascinating Miss Neilsou at the olllce 1 ol Mr. John McClave. Miss Neilsou, during her bnel residence In Ibis country, became enamored with its institution*, and has manifested ner pref erence for the Km pi re City by purchasing a val uable plot of ground facing the Riverside Park as a permanent investment This action on the part ol this eminent* artiste does credit to her noble character, Inasmuch us It wus here she made the money with which the pur chase was effected, and here she leaves it where It Is sure to bring her a handsome interest on the investment. We have on two several occasions reported the sale of two parcels of ground by Mr. Mct'lave to Mr. K. A. Sothern, the groat "Hun dreary." one of these was a plot of three loth on the southeast corner of West Kud avenue and Seventy-third Htreet, which 1h worth at present $ l.j,ooo over the purchase price, and the other lour lots, on the southwest corner of West End avenue aud Kighty-beventk street, lius increased In value about Hires thousand dollars stuco the plot was bought. If Miss Nellsson's property enhances in the Maine ratio, of which there can be 110 doubt her Investment will lie most valuable. A most impoitant as well as valuable transac tion s reported to us by Mr. William H. Kaynor, who lias sold, through Howard W. toates, ten lots on the east side of Riverside avenue, between loist ,?rc,ct?' 1)Cln" ^t lux inches on 101st and 103 feet on lOiid street, full (ronton the avenue, for $140,000, 111 part payment for which was given three lull lots on the northwest corner SwS* avenue ttuU Sixty-sixth street', valued at $100|0u0* SUBURBAN SALES. A line attendance was present yesterday at the Real Estate Exchange, gathered by the announce ment or a sale in partition, comprising 4fl4 lots on Fifth. Seventh, Kiirhth and Ninthavenuos,Seventh Eighth. Ninth, Tenth, Eleventh, Twelfth aud Thir teenth streets, at Whltestoue, L. I., by order of the VMiitestone Land Association, under the direction or Mr. (ieorge West Van Stolen, attorney. This is the first sale of suburban property at the Exchange which has proved successful. The man ner in which this auction was managed reflects credit upon those having the same in charge. Free tickets by bout and rail were given to every applicant desirous of inspecting the property hence, whoever purchased knew exactly what lie was buying. In thn annexed list wo give the ftill details ol tae sale. G. E. Caril bought for Conrad and Adoipli I'oppenhusfti and E. B. Hinsdale, John I). Scott, and It. D. Tucker purchased lor John 1. Locke. Ail the others were outside buyers, I be sum total realircd wbb f98,S26. Next Th'nrsday 3<>9 more lots of the same estate will be sold at the Exchange , . ?T MVI.1.KR, Wit. KINS A Iff) CO. (Sale of property located at WhiteMone, L. I., by order of tlis WhiU'stone Land Association, ut Exchange muss rooms.) 2 lots each 25x101), s. e. corner &th av. and 8tb ut, to J. H. Karlinui, each #285 2 lots next adjoining on the s. s. to same pur chaser. each 210 4 lots u. c. corner 6th av. and 7th St., to same pur chatter, each 220 4 lots s. s. 8th st., II. K. Carll, each 250 4 lots ad joining on e. a. 8th St., to O. K. Carll, each 2?0 4 lots adjoining on e. s. 8th st, to Jno. Higglf)*, each. 270 4 lots h. w. corner 7th av. and 8tli st, to J. N. Wein helnier, cacti HO 4 lots n w. corner 7th av. and 7th st., to J. S. Mar". haui. each ^UO 4 Jots adjoining on weet to G. E. Carll, each..175 4 lota adioiaing on we?t to Jno lliggins, each 200 4 lots adjoining on west to O* E. Carll, each 1C0 4 lots, n. e. corner 5th av. and 8tii st, to John Hig gins, each 320 4 lots, a. e. corner 5th av. and 9tli St., to John 'liig'. gins, each B 2U5 1s, adjoining on east, to (1. !?:. Carll, each 250 I j), adjoining on east, to ft. E. carll, each... 225 1 ?:s, adjoining on east, to K. Caril, each 25I)l 3 lots, n. s. 8lh st, between 5th and 7lli a vs., to James McUryan. cacn 300 4 lots, n. e. corner 5tb av. and 9th st, to U. E, Caril each 200 I Blots, adjoining on east toU. E. Carll, cuch .. 210 4 lots, a. e. corner 5th av. and 10th St., to li. E. Carll each I 4 lots, adjoining on east, tn O. K. Carll, each 165 4 lots, adioming on cast, to (?. K. Carll, each ' j?o 4 lots, adjoining on east, to (!. E. Carll, each.. " iv, House and 2 lota, on 7tli av? between 9tli aud 10th st*' 5 200 i 2 lots, n. w. corner 7th av. and 1Mb st., to Chas. Jen- ' I kins, cach 37. I 4 lots. n. e. corner 5th av. and 10th st, to jainei Ladds, each iu 8 lot*, adjoining on east, to U. E. Carll. each!145 4 lots, adjoining on east, to <j. E. Carll. each 1711 4 lots, s. e. corner 6tli av. aud 11th st; A. B ile Krlese, cach jm 12 lots, adioining on east; (I. E. Carll. eacii.'.'.'.'.'.l"" 150 4 lots, n. e. comer ith. av. and lllh st; (?. E. Caril'.' each ' 8 lute, adjoining on < ast; fJ. K. Carll. each... ' 150 4 lots, adjoining on east; (J. E. Carll, each "" 155 4 lots. k. e. corner 5th av. aud 12th st.; O. E. Caril each ' 171 4 lots, adjoining on east; U. E. Carll, each... 175 8 lots, adjoining on east; O. E. Carll, each... "" 155 8 lots, w. side 7th av., between lltti aud 12tii its"? J I). Scott, each 290 Clots, e. side 7lh av., between 12th and ISt'li sts ? Henry flurd, each ' 300 4 lots, adjoining ou ca*r, <1. E. caril, each .' am House and 2 lots, s. side i.Htli st; (). K. Carll ' 4 00 1 House and 2 lots, s. sjdu l3tli st.; (1. E. Carll 4'Add House and 2 lots, s. side 13th st.; U. E. Carll.'.". 4'5'Ji Hi.use and 2 lots, s. side 1 ,tli it; U. E. Carll 4'55ii 8 lots, w. side Stn av., between 12th and 13th its'* 8* ' Wullan, each ' n/n 1 lots, adjoining on west; U. K. Carll, each'..".".'. 1K5 C lots n. s. 12th st, to <1. E. Carll, each. ' ' iut 8 lots e. s. Sth av., between I2;h and 13th its '' to O E. Carll, each ' ' iu, ? lots adioining on east, to T. II. Baldwin, each 110 15 tots 11. s 12th St., between 8th ana 9th avs.. to O E Carll, each 7. 4 lots s. <?? corner 12th st. and 8th a v., to O. E.'Ca r l l * cach ' ign 2 lots adjoining on east to John Bozettl, each 25:1 2 lots s. s. 12th st., to John I}, scott, each 1 lots. s. IKtn St., tn John D. Bcott,... 2'ts 6 lots s. w. corner Utli av. aud 12th st., each l:iu 8 lots n. w. corner 9th av. and 11th st., to 'J. E. Carll" each.... ' 1K. | 10 lots adjoining on west, to tl. E. Carii.'eacb 170 4 loU n. c. corner Mh av. and Utli st., to U. E. Carll' each ' 230 8 lots e. *. Itli av., between lotn and iithits' to James Cagney, each HO 14 lota adjoining on east, to John D. Scott, each ins 8 lots w. s. Kill av., between 10th and lltli sts. 't'eG. E. Carll, each ' loo 4 lots adjoining on west, to (). E. Carll, each""!"" uto 10 lots adjoining oil west, to K. I). Tucker, each ' iu 4 lots s. e. comer 8th av. and 10th st, to Charles Jen kins, each 210 14 lots adjoining on enst t<> E. Carll, each.'.!!!!!!.' ua 8 lots w. s. ?th av., between 9tli aud loth sts., to U. E Carll, each jjq 14 lots adjoining on west; O. K. Carll, each 115 4 lotsn. e. corner 8th av. and ?t!i ?t; Cbarlei Jen kins, each 210 8 lots c. s. 8th av., between 8:h and Vtti sti.: (j. El Carll, each '200 10 lots adjoining on east: u. E. Carll, cach..'.'!',.120 8lots adjoining on ea-t; It. D. Tucker, each.. " iju 4 lot* n. w. corncr 9th av. and sth st.; U. K Caril each ' ... 14 lots adjoining on west; John H icgms, each lit 8 lotse. s. 8th av., between 7th aud eth sts.: Cliariei Jenslus, each j-n 4 lots adioining on cast; J. C. Keralck, eacli.!. 150 4 lots ndjoltilng on east; O. E. Carll, each 1111 14 lots Sth av. and 8th ?t.; (I. E. Carll. each i?* 14 lots n. s. 7th ft.; l>e Kriese, each.. .i? 4 lots s. e. coraer sth av. and 7th st; Charl'ei'Jen Kins, ?ACI) i<?( 22 lots adjoining 011 cast; (J. E. Carll, each rsi ? ?V WIIXIAM IKNNKI.LV. 3 s. (Y. h. and I., c. s. 2d av., 75.5 it n. 43d st lot as* JUU; Edward Mulvaney...) . . _ s?vh) ANOTHER SENBATIQN 8P0ILED. A Bohemian's "Burglary of Bonds" In Westchester County Disposed Of. A good deal el merriment was occasioned In and around the police stations at Morriiania aud Trcmoat, Westchester county, yesterday, by articles which ap beared In one or two of the morning papers, selling forth levcral gigantic burglaries purporting to have been per petrated ol late iu that tec tlon of the county. Notably, in one instance where the house ot a party named Brewster was broken Into durini: tils absence bv a dissolute young man, who is known as a professional loaler in the village ol Trcmont. do the facts And a grave In the vivid Imagination of the scribe. The property stolen Is set forth iu one Journal as Including, among other pluader, bonds ol the value ol' $1^0,uuu, while another paper, with commendable <!i caution, places the amount at fSO.WJO. The truth is, that the documents abstracted (and which bave since been recovered) consisted or a lew mortgages deeds, anil household receipts, utterly valueless to any one exrtpt, perhaps, the owner, who muit have been somewhat astounded yesterday morning to And himself suddenly more opulent (on paper) than he had ever honed to l.e In lus wildest Hight? of fhncy James ?iatlney, the burglar, who has been locked up at Mo, risanla since last Tuesday morning, contrived ),0wrwr to steal from the house ol Mr. Brewster some persons! Ejrerty, the value of which ought to ensure hlsVoj^S in* in Mug bing I'rison tor a period. ?vjuuru MORE FIREBU08 II JERSEY. The residence of Colonel fetter, It. Linden, was de* stroyed by Are on Wedncsdsy. The ramlly were hardly able to escape with their lives, so rapidly did the flams. spread. Among the property destroyed was a valuable library. A short time atu-r the Are broke out at rale ot burning fuse was discovered near the barn and an e2 wTth a keg ?,7o'i*?he rV ,t,h,t tb? 'o* "connected wiiii a nig en powucr. The ducover? wbi mid* iuat in *7iea?vTlIuio'^wV"1,1 mR 1 rorn being llewn up The 4la bonus! villains who pvrpsuated tba outrage art y?t at THE FLEEING QUAKERS. Departure of the Elders and Minis' ters from the City of Gotham, Clow of the Conference?It* Laat Doings-Dia? creet Ignoring of Modoc Matter??The Other Indiuu Looked After as Uimal? Intemperance and War Beceive Attention?Sectarian Edu cation Strongly Advocated. The proceeding or the yearly Conference of the Society of Friends have been of much shorter dura tion this year than the last, and for some reason have not been nearly so interesting. The staid representatives seem to have entrenchcd them selves behind a very dlscrcet timidity touching the various questions of public Importance which have always engaged their attention. The poor savage, the darling and gentle protege of the meek shadows of George Fox, has been aa kindly and affection ately attended to as usual, bQt, strange to say, lha most demonstrative and Important of his recent doings have not received even a passing allusion, as if the strength of the passive theory of policy which they have advanced were not so great as to withstand the severe shock of being assailed with the prooi's of experience so palpable in the blood shed of soldiers und settlers In the neighborhood ol tne lava beds. The sanguine evidences given by the Modocs or the sort of progress made in civiliza tion under the treatment of tolerance, klndnetf and patient forbearance seemed not to be an im portant enough subject to be mentioned in a lengthy dlscu.-sion or the condition of the other tribes of Indians which occurred. Altogether this convening of the annnal Coher ence or a society or religious believers, which apart or the public think already to have become almost Inane and nerveless, has not shown such vitality in its ranks as much to airect that prejudice. IT HAS NOT BKKN SKiNALIZBD, as that of 1872 was, by any liberal advancement In the limits that had formerly marked Its secta rian characteristics, or by anr active attempt to influence the public or the government in regard to any topics or movements of great Importance. Yesterday the attendance at the opening of the session was somewhat diminished by the' de parture or some of the rural members. The morning hour was consumed la the conclusion el the consideration or TIIB CONDITION OF TUB CIIURCIT. It appeared from the reinaiaing reports from subordinate meetings, which were read aud ac cepted. that this had neither improved nor grown any worse. On the subject of religious schools under the care of the Society there was a good deal of expression ol regret that the secta rian education of the youth had not by Friends been esteemed so important as It had been by other denominations. This fact was by some of the speakers instanced as ene of the causes of the de cline of the society irom its former high prosperity, and the re-establishment aid encouragement of A SKPAKATF: KRLIUIOL'd SCHOOL 8YSTKU was strongly urged. George Truman said that In the Philadelphia district such a system, in existence since the time of I'enn, was very successful and was largely sup ported bv members or other Churches who Were glad to have their children educated ander the influence of the Quakers, it was a very common prejudice that the sectarian schools were always instilling into the minds or pupils sectarian ideas. He was happy to say that this was not bo In the tn stitations of the Friends. But, he asked, were they doing their share ol duty in respect or education? The establishment of public schools was one o( -the main reasons why Friends' schools hail come into disuse; but ne thought that the education whicfe they gave was not sufficient. The Society would be the gainer by having separate schools. Public schools had, he knew, brought disunion in families between parents and children, faking the latter away from tbe former Into channels of belief or sccpttcism which they could not own. Other relig ious organizations bad discovered this. Ho thought the Friends were too much Intent npon having a cheap religion and had given, for this rea son, the care el their children over to the State. This had led to a dying out or the old usages and customs or the Society, which was deplorable. He advocated free schools established by the Church lor Its children, whereby they would be gathered more closelv into Its fold. John 1). Wright dwelt upon the value of relig ions educatlou tor better qualifying the coming ministry of tlse Society for their work. He also favered the Introduction of music Into a portion ol ttlC KCTVlCCH* The question subsided from view, as usual In such cases, witnout any decisive action being taken upon It. The session was adjonrned until the after noon. and, meanwhile, about twelve hundred per sons partook of a lunch which was providently set for th/!m Hi the basement or the building. The afternoon session was only important on ac count of a presentation of the RKPORT Of TUB INDIAN COMM1TTBB on the work of the Society in the cause of civiliza tion in the West. This report contained nothing verv novel or interesting, tbe facts which it related having often before been given to the public, the committee believed that the influx of white set tlers surrounding the reservation of the^Sioux would soon render the repetition of their dreaded raids upon the other tribes Impossible. Many of the peaceable Indians had now been provided witli houses, and it was proposed to secure I.ADY MISSIONARIES to go among them with the purpose of teaching the squaws and their daughters the proper per formance of the duties of housewifery. There was great difficulty met with in the attempt to se cure proper persons for this work, it was believed If this plan were successful tne government would adopt It and provide a rand for the compensation or missionaries. The Uenesee yearly meeting had employed a lady missionary and Bhe had succeeded admirably. The report stated that generous nely had been afforded the Indian Committee by the Quakers in New York in contributions of money, clothing, Ac. The report was accepted and the same commit tee was ordered to continue its labors for another vear, with authority to draw upon the Treasurer of the yearly meeting for two and te raise money by subscription, Ac. Addresses were delivered on the subjects ol peace and temperance, and the Conference finally adjourned unlli next year. TEMPEBANCE AND THE 8ABBATH?STATE CONVENTION. At a conference of committees representing several State temperance organizations and ol other friends of temperance and the Sabbath, held this day, It was unanimously Resolved, That ill view of the failure of the republican party, through It* Uo\ernorand Letfislature, to redeem the pledges repeatedly siren to enact a local prohibitory Inw, a Stale convention be called to meet In Tweddla Hall, In tbe city <>l Alhanv. <>n the 24th day of June neat, at ten o'clock A. M., to conaider aud decide upon futura action. The undersigned committee, appointed for tb? purpose, would hereby invite every church, Sab bath school, Young Men's Christian Association, temperance organization and other organized bodies In favor of the maintenance of the sanctity of the Christian Sabbath and the sunpression of the liqaor trattlc to send one delegate to said conven tion. Whoever attempts to hanl down tbe temperance flag, "shoot him ?n tne spoil" S. McKKAN, ) J. N. PTE ARKS, I J. C. GALLUP, J H. s. MccoLLpf. ^Committee. A. NEWTON LOCKE, I C. K. OILDERSLBVB, A. S. DRAPER, J AL1ANY, May 27, 1*73. MASSACHUSETTS AND THE HOOdIO TUNNEL, Boston, May 29,1873. The lower house or the Massachusetts Legla lature has passed the Hoosic Tunnel bill, giving the management to tbe State Dy a vote of 110 to 10s. The matter will probably come up again on a motion to reconsider. The i>lil was seut to the Senate and referred to the Treasury committee wttboat debate. It la thought that the bin providing for state ownership will be substituted In the Senate wbeu tbe subject comes up. AN IMPORTANT ELECTION DECISION. Concord, N. H., May 29,1873. An elaborate opinion, signed by all the Judges of tbe Supreme Court, was to-day sent to Governor Straw, to the effect that when a Town Clerk's rec ord and return of votes for Representative in Coi? Kress are according to the Moderator's count and declaration the Governor and Council are not au thorized to require the Clerk to amend his record and correct an error in the count. This opinion of the Judges will elect Austin P. Pike, of Franklin, to Congress (com tbe second district. EX0DD8 OF CITY THIEVES. Within the past week an unusual number of till-tap* pert, pickpockets and other professional ro*ue?ha?e crossed to Hoboken in hopes of making a rake therein. Upwards of a down ha?e been captured within a ftw days, four were caught at the slrcus and ?ent toirtutfy the rock formauou on snsks Hill. A 41T a is wife were aabbed by Chief Donovsn on Wednesday wiin $700 worth ol stolen Jewslry in their pcMMtoo. A fldence man was arreted yesterday and to Penitentiary. Two ?u?pictoo? members of the erores ?Ida were secured last erenins, a Ja yon* man wa? emAuuled $7(10 from a Ifcw fork merchant was cased and will be removed to this city for trial. TD0 l,n|'Uct tvixc ar? aruied with sharp iticsa

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