Newspaper of The New York Herald, June 4, 1873, Page 4

Newspaper of The New York Herald dated June 4, 1873 Page 4
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THE COURTS. The Bank of England Forgerto?McDonnell Sent to Castle Pinekney. ? Woodhull and ClaAin?A Further Post ponement of Iheir TriaL BUSINESS IN THE GENERAL SESSIONS. The Gondii (Jeneral for Uruguay to the United State*, Mr. Gsrsia, wan arrested not Ioiir since on a capias issued oat of the United States Circuit Court, in a suit brought ?gainst him by Nathaniel McKay, to recover moneys which Mr. Garsla was charged with having misapplied. The capias was made returnable on Monday last, but no appearance having beeu inado by Mr. liarsla on th&t date counsel for Mr. McKay obtained a fresh capias, but Mr. Oarsia having appeared yesterday the Marshal, under the advice of the Court, will not serve the new capias until time has been given to show cause for not ap pearing on the return day. The divorce suit of Elisabeth Brlnckley vs. Tlugh L. Brlnckley came up for trial yesterday in the Supreme Court, Circuit, Part i, before Judge Van Brunt?no jury, by consent Testimony was first put in of several hotel clerks and boarding house keepers, taken by commission, I as to the fact that the litigants had lived as man and wife. Mrs. Brlnckley wis then called to the witness Rtund and proceeded with her testimouy till the adjourn ment of the Court Jii the buprome Court Chambers yesterday James Bell and Charles holstein, two gambler*, who were arrested last weak by Detective Heidelberg for roping in a stran ger to a banco game and swindling him out of a sum of money, were discharged Iront custody on application o( their counsel, Mr. W. P. Howe, on a technical objection to the complaint on which they were arrested and tem porarily hold. John Whitehead was put on trial yesterday lu the United States Circuit Court, before Judge Benedict and a jury, tor giving information through the mails where malpractice medicines could be purchased. The jury convicted him and he was remanded for sentence. On Monday, the 10th Inst, Judge Woodruff will take up at the I'ulted States Court room, 27 Chambers street, the calendar of appeals in admiralty, writs of error and ap peals and reviews In bankruptcy. Yesterday, in the United status Circuit Court.Judges Woodruff and Blatchford presiding, the former delivered the judgment of the Court, remitting (leorgo McDonnell, one of the alleged forgers upon the Bank of England, to the custody of the Marshal. The decision maintains In every particular the conclusion arrived at by Commis sioner Cutinan, who has issued his warrant for the com mitment of McDonnell; to await from the Department of State the order of extradition to England. The prisoner lias beon removed for safe keoplng to Castle Pinekney. He Is closely guarded and watched. The report that Judge Benedict has given a decision ?pon the demurrer to the indictment ulleging that Oeorge P. Dunning embezzled money from the Sub-Treasury is not true. In the United States Circuit Court, yesterday, before Judge Benedict, John Bott was found guilty of sending through the malls medicine Intended to effect an im moral purpose. A motion for a new trial of the case is pending. In the United States Circuit Court, yesterday. Judge Smalle.v presiding, tlic case of Long & Ogden vs. Moses H. UriJinell, ex-Collector of this port, was commenced. It is an action to recover $1,600, excess of dnty claimed by the plaintiffs to have been pata on an importation of hoop iron. The iron was cut into strips and punched, ana the allegation of the plaintiffs is that the strips were iron hoops, which arc subject to a lighter duty thau hoop iron. The case is still at hearing. Yesterday Judge Blatclilord, sitting In the United states Circuit Court, gave leave to counsel to move, to day, to quash the indictment which has been found against WuoJhull, Blood and ClaQin for sending obscene I utilisations through the mails. UNITED STATES CIRCUIT COURT. The Hank of Kngland Forgery?The Case of George McDonnell?Important Deci sion by Judge Woodruff?The Prltoner Kemlttrd to the Custody of the Marshal ami Confined In Castle Pinekney. Yesterday ihe case of George McDonnell, who Is charged with complicity in the alleged forgeries upon - the Bank of Eugland, and for whose extradition to Lon- j don to tie there tried apou that charge, a warrant of commitment has been made out by Commissioner Out- ? man. cania before the United States Circuit Court, Judges Woodruff and Blatclilord presiding. Counsel for the prisoner liaJ, as already stated in the Hkbalp, sued out writs of habeas corpus and certiorari for the purpose of redwing the proceedings had before Mr. Outman. | It must have leaked out in some manner that the conn sol inr the prosecution would not be called on to reply to the argument of Mr. Brooke and thatthe Court, on taking its place on the bench, would deliver its declsiou, for Mr. Judson ilarvU and a posse of deputies from the Sheriff's office were in attendance, evidently with the object of hearing what decision might be arrived at, as Judge Kancheir, of the Supreme Court, is to hear an argument lietbrc him on a writ of liabcus corpus sued out by the prisoner. Mr. C. A. Seward and Mr. C. M. Da Costa appeared as counsel tor the Hank of England. Mr. P. F. Morbury for ( the British government and Mr. Brooke aud Colonel Pel- ! lows tor the prisoner. At half-past ten o'clock the Judges came into Coort; and while the shorthand writers were expecting counsel ' ior the prosecution to rise and proceed with his argu- i nient, Judge Woodruff began to deliver his opinion on the CHi?e. Below we give the main points of it. TIIK HKCISION. Judge Woodruff, In delivering the opinion of the Court, observed that the question they had to determine was a nave one, and they had considered all that seemed to I theui ncessarv to arrive at a right conclusion upon the question* involved, liuving due regard to the rights of the citizen and proper r sped lor the foreign government making theslemand lor extradition ot the prisoner and tlic gunil laltli thai belonged to the government of the United States in the execution of the treaty. The result was that they did not think it necessary to hear counsel lor the prosecution on the question ot law and ot tact, which had been discussed by the prisoner's counsel. Nor did they think it necessary on those questions to consider the grounds on which the Court was moved, on the part o; the prosecution, to quash the writ of rrrtimari. The conclusions reached on the points submitted on hchalt of the prisoner rendered It unnecessary to say anythuv In reference to THK POWKlt or TH* COCBT to issue a writ of certiorari lu a case of this kind, or of the etfuct ot the mandate or the President for the sur render ot the prisoner upon proceedings altera writ of rtrl'ornri had been quashed. It was, however, proper to ; yay that the |K>wer ot the Court to Issue such a writ in a ease of this description had been frequently affirmed and exercised, and that a warrant of surrender issued bv the government ot the Unlted stales for the delivery of an I accused person to the agents of the demanding'govern- { mcnt had not, so far as they could discover or were ad- | \ised, been heretofore held to be a bar to lurther Inquiry | on any questions which might properly be raised on the return to the whole proceedings. On that subiect they j went no further, because, u. inning that the writ was properly issued and that the warrant lor Me surrender of the prisoner should have no effect to preclude i ftirtlier Inquiry and no effect to render vali 1 pro ceedings which could not otherwise bo sustained, their conclusions t* ere that the ^rounds on which the J discharge ot the prisoner was sought under those writ* ought not to be held. Without discussing the questions that had been raised by counsel at great length, or at tempting to review the arguments, or scekin/ to array I against them the material details of the case, as reasons ! for not giving them the force they seemed to possess in the mind of counsel, they merely contented themselves bv disposing of the objections raised by counsel in the order stated by him. The first objection, as expressed tiy i counsel in the course of his argtun nt, was whether the 1 arrest of the prisoner in this proceeding was an illexal arrest The tacts out of which this question arose appear bv the return to be these That a complaint hail been made at an early day In which a charge of forgery by the prisoner was stated, that charge being particularized bv the statement that lie had been GUILTY or rORIiKBT in the making of two certain bills of exchange for ?1,000 each, w Ith intent to defraud the governors and company of the Hank ot England. The objection was, that upon tin proceedings ha<i upon that complaint the Commls* ?toner, ami the marshal who executed tho Commission- ' er's warrant, acted Illegally. The prisoner was bruuxht I under judicial Inqulrv. as had been pronounced bv one of fie Judges of this Court, alter full argument; and,enter taining the views which governed their decision, tbey were bound to pronounce that A Kith ST AMI) D*TK!?TIO!? LBCAL, legal then and legal always; so that ou the Hthdayof | April, and before the discontinuance of proceedings under that arrest, or, to use another tonn oi words, lie lore the prisoner's discharge Iroui that arrest, lie was ; held In legal custody. While In that custody the war rant oi arrest now in question was placed In the hands of I the Marshal, and thereafter, on tho follow ing morning, on the .suggestion ol the prosecuting counsel, they having 1 no lurther evidence to ojicr In ?upport ot the charge (ana fila.uiy, upon the lacc of the proceedings, because the ! evidence produced did not establish the charge satisfac torily to warrant any other result), the <'oinmisi.ioncr discharged the prisoner Iroin that arrest. It was now urged that by soino legal retroai tlon, the Uncharge of the prisoner from the arrest established conclusively that be was. up to that tune, lnld under that illegal arrest That reasoning they could not stbrin All that it did affirm was that all that had been urged against the prisoner falls.l to establish the charge, but down to the time of his discharge his arrest was i h kaI, and now to hold thatthe discharge of tin- prisoner i for the want of sufficient evidence operated retroac tively, to make the preceding arrest illegal might be ex tended to other kindred eases, that whenever parlies < were arrested on a charge and then discharged, whether lor informal!!) or want of prool, oil verdict or bv direc tion of the Court?that ls,v<?o facto? all other arrests were illegal, and the parties causing It trespas-ers, as il all the lirst prosecution -.ras Illegal Such a doctrine they thought would be productive of mischief. The) said that TUB AOBKST ON Tint I'RKSRNT WAHI ANT was not illegal. It was. however, suggested that the ; prisoner, being in custody on the warrant of arrest, it was illegal to Issue another warrant to the Marshal, and that If proceedings were t? be Instituted aguinst him on another charge it should be done by detainer lodged with trie Marshal and not by warr ant ot arrest as counsel said. Without going Into that question ol practice they were or opinion thai such technical oblections had no iilace in proceedings for the execution ot this treaty and iad no application to this subject It was Insisted that a former decision of this r'ourf involved this proposition. In ike case of Kare.z, which was before the Court on habeas while toe prisoner was in cu*^yof toe Co^^. to (>e a proceedfag Instituted by habeas corpus. l|e wa| pro looted from arrest and obvlou?lv?o. owed U to ^eTu^o^1 Whethjr WSgSSBS^mA'TST^ hid no tueh legal effoct. There wan no necessary IKUAl. OBWOATIOK OW THS PBMANDIKG OOVKUJ<IIJNT to nlace I" its original complaint all the offences who'll it m'ght suppose established the go lit of the party whose surrender lliey demanded. Judge WiHidruir uext took up the point whether the depositions taken before the Ixird Mayor ot London Itcfore mums the warrantor arrest and tlie supplemental depositions taken by His Kordsiup after the warrant w?i isiued were legally re ceived in evidence before the Commissioner. The juige laid down the law an recited in the act* of Congress of 1HIH ami 1M0, and decided tliat, a* these oppositionsbore the certification ol the American Minister at; the Court of St. James, tlioy would be leually received in hngianf as evidence ol crime, li committed In that country, tney were legal and proper evidence In thin pro?e jution. CKHTiriCATK or TUK AHKRICAN MIRISTMI . wan. In its nature, a* it teemed to the Court, a judicial act which neither the Court uor the <roimm^iuiii r c ?u disregard or overrule. Even though 1Ground were inadmissible, their reception mrnWwd < for tlie discharge ot the prisoner. TIW""t.2 * as appellate Judges; they were discharging an indepen dent duty; they were inquiring It the Prl*^r gallv held. They were not sitting as an appellate tr bu nal for the purpose of reviewing proceed nw???? and Commissioner in error. This wan not a writ of error, an the inquiry here wan not to be construed on the teehnl - rule* applicable to a writ ot error ibat mteht ^uit in B In the reception of evidence it dW not follow, aa a legal rule, that his preceding! were to go lor nothing. tneir conclusion on the evidence was Uier th at o \iaenct wan admissible or not that the pr^uer wa? 'egai^ ncio. Atter rclerring to the questions of tact that nau arisen 111 the case, Judge Woodruff concluded hy statliig lind been sufacioiit evident* aid before the Commt gloner to I utility him in concluding that the koru Mayor wai the chief criminal magiatrnU In the city ot London, and that, in fiuch capMity. he had power to ^wue n warrant for the apprehension of the prisoner. * or uivbv rea"?a he tound nothing to jUHtlfy tlte.n in '^fewno? with th? nifttodvofthc prisonor under tho ooiniiii?iou er's warranto?commitment, and the pri?ner muj? thereto^, be remitted to the custody trom whence he came. Both writ* muftt, therefore, be discharK Judge Blatchlord naljl that a? the Court wasi u<ow sit ting, and In ordor Anally to dispose ot the cajw, jo lar as thi? Court whs concerned, it would be well ll1en?Jn#el would draw up and enter upon the minutes ot the Court tomJdlaUly drew up such an order. WMrhBroo\?"usrkod the Court to detain the prisoner tn the custody of the Marshal until he coultl take such ap pellate proceedings as It might be in ''Is power to take. | Judge Woodruff Informed Mr Brooke that the Court hnd no such power. Haying discharged the writs, tlie "ase was ended so lar as"the Court was concerned. There was uo appeal that he knew of. . f(h The prisoner was then remitted to the euBtody of the Marshal and it I* not in the range of probability tliat the case of tieorge McDonnell, the alleged f?>i-jrt:r uP"9 Hank of England, will be again heard in Hie United HtatAo rjirouit Court ot New York* ?e was iaKi.it -a tn castle Pickney, and is strictly watched and guarded. It is suppoeed tuat tho Hank of ,i"jc'Yi,<i "/"hi-ir ISttUU government has spent at least WWW tothur tectivos*w ifuie weI|8pa id; and. "0''ouh| toe counMl rePe sa!is5ss_s COURT OF OYER AID TERMINER. Woodhull Of Clalltn?The F?male#Brolser esscs Object to Being Tried?Important Witnesses Absent?Their Case SetDown for Trial for the 16th of June. j Before Judge Barrett The court room of the Oyer and Terminer was again filled to repletion yesterday by a motley crowd of specta tors attracted thither to listen to the details of the Weodhull A Claflin case. Tlie defendants entered the Court promptly at halt-past ten o'clock, shortly alter Judge Barrett took his seat, and were surrounded by a host of male and female friends. To their previous lull array of counsel, consisting of Mr. William I1. Howe, J. Parker Jordan and James McKindley, was Added Mr. C. W. Brooke. The latter gentleman opened the proceed S?parVM nK&ffft Si Dot imported into the case until this late sta^Q* . MrXwe in^ response, stated that the most material witness for the defence. Jtr. Maxwell, had been indicted tor perjury, aud tnust thus be precluded from appearing in tlie witness box, as the taint ot that proceeding would nreiudlce the cuse. Mr. Brooke was counsel lor Mr. ila* well, and lor tliat reason had been asked to appear in the present trial In conjunction with the other counsel. Judge Barrett was ot tlie opinion that U1 ta more Drouer tor the District Attorney to first try the perjury Indtctineiit, inasmuch as ihat proceeding Involved a matter which was verv important to the Interests ol the prisoners, the matter was one, however, purely dis cretional with the Diatrlct Attorney, but lie could not f?Alter some ?urtl^r Xn".si?on between Mr. Phelps and Mr Howe tlie case was set uown to be tried on Monday, June 16, and the talr defendants,besieged by a bust ot ad mirers, held a conclave In the court room and tlun leit, followed by a retinue ol tlie btrong-tmndeil or weak minded of both sexes. MARINE COURT-PART 2. In the jury fa*0 trf?'1 Monday last before Judge Sptuld lng. Involving an important nuestlon aslietween landlord and tenant, as to what constitutes the legal definition of the term* of a renting?the uses to which premises may lie put where no specific contract Is tnade with reference thereto, but where the business of the tenant anil his probable adaptation of the same to his proper bustne*j purposes should be apparent, and a claim or supposed damages arising therefrom on tlie part of the landlord disputing the right to so use and occupy?the lor tlie deiendant The case, which was fully reported in yesterday's Hkralp, was that of i orsythe against Me vens Tfie jury lound not only In accordance with the w<il ruling of Judge Spaulding, but also with the weight of testnuoiiy 111 the case. CCUKT OF GENERAL SESSIONS??AhT 11. Before Judge Sutherland. The second part of the (leueral Sessions, which organ ized on Monday, settlod down to business yesterday in its appointed quarters in the New Court House. The troubles of District Attorney Rollins were still, however, some" what embarrassing. Many of the jurors and still more witnesses were apparently unable to find the location of the Court, and it was necessary lo send officers out occa sionally Into the corridors and to the brown stone build ing to liunt up errant and strayed witnesses. Hi order to prevent future trouble of this character it is well that the public should know where the second partofUio Court is. It Is In the room ol the supreme Court, General Term, at the south west extremltv ot the second tlour ol the New Court House, nearest Broadway. Tliu business in consequence of this contusion was very light. Not a single case could be tried, but there were twu pleas ot guilty. Charles Halleck pleaded guilt) to an attempt to steal *-m The thett wa^> MtuaTly com miffed, but the complainant was brother ot the de fendant and pleaded tor as light a puuishtm nt aspos nttile. and a mild sentence of a month in tho Penitentiary was Imposed. Ooorge S. Kyle pleadeJ guilty bi petty larceny and was sentenced to ten days in the reuituitiary, COURT OF 6ENERAL SESSIONS-PART I. A Broadway Plclspocket Sent to Sing Slug for Rive Years. Before Recorder Hackett Yesterday John Vork, who was jointly Indicted with John Shea, was tried and found guilty of conspiring to pick the pocket of John J. Neville. A brother ot tho complainant, who was with a party of gentlemen, noticed Plica put his hand in the overcoat pocket and steal twenty cenis on the aiternoon of the IStli of Marc h, near the corner of Broadway and Fulton street He watched the movement ot the prisoners, his own pocket having been picked In that locality a short time pre viously. They caine out of a hallway together, and as soon its Shea stole the money Vork picked it oil tlie side walk Believing that Vork was connected with a gang Tf pi'ckpo !cts Wh., operate around Fulton street the Reconler imposed the severest penalty that could be given, which was five years in the state Prison. Stabbing a Policeman. James Hennessy, who, on the 3*th ol April, stabf>ed Onicer Sheehy. ol the Eighteenth precinct, with a knife In the groin, pleaded guilty to an assault with a dunger ous weapon. As a warning to others not to use weapons so treely llis Honor imposed a severe penalty forth ii offence, w hich was five years' Imprisonment In the State ' dairies'l 'Jiffy was convicted of assault ami battery, he having, on th.- ZOtli of August last..nt James lully in the lietd wltb a jiair ol shears. The prisoner * as sent to tlie Penitentiary lor one year. ? False Pretcncc*. nenry C. H. Davies, who was Jointly Indicted with Ann Havies, Pleaded guilty to obtaining the sum of from Charles M. Nash, 39 Park row, on the 21st of March, by falsely representing In a note purporting to have been written liy K. M. ncbuliz, the Superintendent of the Working Women's Protective Union, that his (Davies) wile was thrown out of employment by the sudden death of a Mr?. Johnson. Kxtrnutlng circumstances were pre sented to the Recorder, who sentenced Davies to tho Penitentiary for six mouths. An Acquittal. James Hughes, a little bov, was tried for forgery in the third degree. On the 26th of April he presented a check to the paying teller of the North River Bank lor the sutn ot $21)5, purporting to have been drawn by C. It. Johnson, which was cashed. Two days after the boy came with an other cheek, and the paying teller believing that some thing was wrong questioned him. He saldfliata liquor dealer In Barclay street, who promised toeniploy him. re ouested hi tn to get the checks cashed. Hughes gave such an apparently frank and truth.ul account of himself :ind wthe circumstances th.it the jury rendered a verdict ol "Not guilty," JEFFERSON MARKET POLICE CDU1T. An unusual number of both greater and minor crtml mils were brought up before Justice Cox, at the Jeffer son Market Police Court, yesterday, and duposed of by llis Honor with that readiness and Judgment which rosult from long experience and a knowledge of tlie criminal class tueh as is equalled by few In the city. Burglary. Robert Parr, of 421 West Twenty-ninth rtrcct; James Burns, ot Thirty-seventh street, ond Robert Devlin, re siding in Eighteenth street, wero charged with breaking into the grocery store of Klbert Bailey, of SH nue, at an eat Iv hour yesterday morning, and stealing: a quantity ol eigars and money valued at '"el wero olieerved loading a cab. which wss In charge ol j arr, with the proceeds of the robbery, by ntllcer Mead, of tlie Twenty ninth precinct, who captured tlicin and too* tliein to the station bouse I hey Were coning ted, in de fault ol (3,101 ball, to answer. Adoljilius I<ohman, of 411 West Thirty-ninth street, and George O'Keeie, oi leiuh avenue, were charged, on complaint oi charlei itnnke.l, with l?ri'aking into the premises 4U3 West Thirty-ninth ?tr-ei, occupied lor rn jty^lrjr, and stei^liy; \ratobe? aud vtner prop trtf to tae value el ITS, on the niglit of the IStliof April last O'Keefh wss committed in defsuli of ??,!*? to sn ?wer. Lob man wu lino charged with breaking iuto the grocery More ol Stephen Hunt, Ml Ninth avenue, on the morning or the 1st luL, and attempting to ateai tea, oof fee and spices to the value of IIW. He wa* observed by Officer Kuckley, of the Twentieth preoinct, who arretted him. be wan committed without nail. Highway Robbery. William Cafforty waa arraigned on a charge of high way robbery. Frederic Kchlaubuseh, of 538 Went Kit teenth street, testified that he was assaulted by ('alterty and another man while on Sixth avenue, at an early hour yesterday morning, knocked down and robbed. Tlio assailants then ran awav, but Cafferty wan over taken and arrested. He was committed without bail. Felonious Assault* Louis Kreutzer, ot 47J Seventh avenue, was charged with stabbing John Hafner, of 318 West Korty-first street, twice in the abdomen with a penknife. A certificate from a *urgoon showln r*tbe wounds wore nut danger ous was produced, and Kreutzer was looked up iu de fault of bail to answer. Poelcetboolc Snatching. Frank McOee, of <13 West Twenty-mill street, was charged with snatching ? pocketbook, containing a small sum of money, from the hand of Mrs. J. Halter, of 74 West Thirty-filth street, while in front of Stewart's, on Monday afternoon. lie was committed to answer. COURT CALEWIIAPS?THIS DAY. SnraKWK Cookt?fliacoiT?Part 1?Hold byJndg* Bar rett-No*. 789, 909, 753, 843.1036, M45, 2687, 301*. 39?. 4H7. 77r.w, 1893, H9>i, 4?, 826K, 905, 913. W5. 91IL I'art 2?Held by Judge Van Bruut.?Case on, Kuphimk Coui;*?Chambkbs?Held by Judge Kancher.? Nos. 4, 13. 17. 34, 42, 47, 68, 66, 68, 67, 89, 70, 78, 79, 103, 106. Ill), 114, call 131. . . Rui'kriok Oounr?'Trial Ticnn^-Part 1?Held by Judge Sedgwick.?No*. M4H.246I, MOL 1393, 139i. 1417, 2133, 20119, 1376, 2221, LSI, 2168, 220!, 2023, 1176. Part 2?Held by Chief Justice Harbour.-Nok. 1864, MM, 818. 1140, 1922, 1822, 1648. 1618, 2640, 1976, 1862,1M8, 1744, 1802, 1KW. _ , Coubt or Common Plkas?Equitt Tbbs?Held by Chief Justice Daly.?Nos. 27. 19, (A Coubt or Common Pucas?Tbial Tbbs?Part 1-Held bv Judge J. F. Dalv.-Nos. IUH, 1494, 3888. 46. 1901, i?J0?, 1649, 1982, 866, 67L "90, 10(1, 1348, 1469, 1681 Part 2-lleld by Judge Locw.-Nos. 322. 1.061, 2100, 2148, 2147, 2149, 216&, 2166, 2158, 2160, 2181, 2162, 2183, 2184, 216& . , Mauink Ooubt?Tbial Tuaa?Part 1?Held by Judge Powland.-Nos. 1998, 1771.1776,210!), 1990, 148*;, 2it)6. 2128, 2103, 1418, 2167,2182, 2336,l4i5,l8i?l,l881.2337. I'art 2-lleld bv Judge Spaulding.?Nos. 2300, 2311,2331. 2339,155.1. 2187, 21f--l. 2161, 2504. 2068. 2349, 2358. ZS52, 2(66. PartS-lloid bv Judge Curtis.?Noi iu02, Mi. i?76, 2160, 2172, 2326, 2093, 23t?7, 1062, 2146, 2224, 2046, 2346. 2348. BROOKLYN C0TJET3. SUPREME COURT-SPECIAL TERM. The City's Title to Parts of Atlantic Avenue Disputed?The Heirs of the Coweahoven Kstate In Court. Before Judge Gilbert. A suit Involving the question of the city's title to cer tain portions ot Atlantic avenue was before Judge Oil bert yesterday. The plaintiffs in the cane are Margaret Kedniond Cowenhoven, Kathcrlne R. Heard and Maria Louisa Strong, who bring suit against the city of Brook lyn under tho following circumstancesThe plaintiff* are the only surviving children and helra-at-law of John Cowenhoven. who died Intestate In thia city on the 18th December, i851, and Eliza, his widow, who (lied on tho 9th of October, 1853. On tho 15th of August, 1823, John Cowenhoven couveyod the properly known as the "Cowenhoven Homestead" In this city, which was conveyed to Leflert Lefferta, Jeremiah John son and John Torgeo. in trust, one third ol the Income, after paying nis debts, to go to his wife, should she survivo him, during her life, and the fee of the remainder to the persons entitled thereto as his helra-at-law. During the lifetime of Mr. Cowenhoven. anil during the continuance of his trust tho Brooklyn and Jamaica Railroad Company was incorporated by act passed April 25, IM32 Under proceedings following tills act of incorporation appraisers were appointed to assess the damages which owners might sustain bv reason ot the appropriation ol their land* for the construc tion ot the railroad. The Cowenhoven Homestead con tains 44 acres, 1 rood and 2 perches, bounded southerly by the old Jamaica turnnikc, northerly by lands ot J. lack son, easterly by lunds ot Vunderbllt, Hyerson and Van Cleefs, aud westerly by the road from Klatbinh to the Brooklyn terry. Of this homestead a strip ot eighty feet was taken for the puiposes ot tho railroad, and on tliu 11th of May, 1835, the Vice Chancollor confirmed the re port of the appraisers and assessed the damages ol the Cowenhoven Trust Estate at $10,907 60, which sum was duly awarded. The railroad company laid their railroad tracks ou this property and operated their railroad thereon until tho month ot April, 1836, when the Brook lyn and Jamaica Railroad Company and the Long Island Railroad Company, their lessees, removed their tracks therefrom, but made a deed conveying the land to the city of Brooklyn for the purpose ol adding the same to tho width of Atlantic avenue. The consideration* given by the city for this conveyance was the right to use steam on Atlantic avenue. The city ha* graded, flagged, paved and guttered the land in question. The plaintiffs now seek to recover possession of the land taken, and claims that the city wrongfully holds possession of it: that the railroad company only acquired an easement and right ot way for the fitly years to which Its franchise was limited, unless it should sooner aban don and surrender the same, und that this abandonment and surrender occurred when the company removed their tracks, as previously mentioned. ...... . Corporation Council Dc Witt appeared for tho city and arKr?f?That in August, 1855, the Brooklyn and Jamaica Railroad Company conveyed to the city all its right in the land in question, and eveu If Its right was merely a right of wav, that right ha* not yet expired, and will not cx I pire until 1-85, fllty years from the time It was taken. .Second?That lor more than twenty years past the land has been thrown open to the public and tho city us a public streot?>rt Harden, paved, curbed, guttered and flagged, and lb all fespecU treated us and ruade a public street of the city, ?hd by virtue of such uses and dedication the laud has bocome a public street of this cit v. Thirrt?That the owners of the land through whom the plaintiffs derive title conveyed the land adjacent to Atlantic avenue, and bounded the lands thus conveyed by Atlantic avenue, thus dedicating the laud In question as a public thoroughfare. Mr. I?e Witt asked for a dismissal of the complaint, and the Court reserved its decision. CITY COURT-TRIAL TEPJ. Before Judge Neilson. Mrs. Mary I-ce sues William Young and others to j recover $38,678, which she claims is due her lor the i loan of bonds, mortgagee and other securities to tho | defendants while they were engaged in the clothing btisi- | ill New York in 18IW. under the firm name of W illlam YouhifACo- She say* the money was to be held subject | to her order, and she was to receive interest on It. She received $2,150 ss interest, but tho property she advanced va* never returned. The defendants say that all the money Mrs. L*e con tributed was for the benefit of her husband, who wa* a member ot the ilrin, and to whom it was loaned person ally. Case on. __ BROOKLYN COURT CALENDAR. Cirv Cocrt ?Nos. 35, 42, 49, 45. 11, 45)$, 54, 66, 57, 59, 60, 61, 62, 63, 61, 66, 67, 68, 69, 70. COURT OF APPEALS. Decisions. Ai.saxv, June 3,1873. The following decisions were rendered in tho Court of Appeals to-day Judgments affirmed with costs.? Dnrko vs. Marsh, Boiline vs. Killeen, Youngs vs. Youngs, Kearney vs. Shealian. Ilabbcll vs. Medbtirg, Dav vs. kupreclit, Karri ham vs. Wilbur, Martin vs. Siillmnti, llawley vs. Kecler. Judgment Affirmed.? Smith vs. The People. Juiigiiicnt reversed and new trial granted, costs to abide event.?Moore vs. Pitt*. Judgment reversed and new trial granted unless plsln tift stipulates to reduce recovery to $624 16, and if so re duced, nlfirmed with costs.?Cooley vs. the Howe Ma chine Company. Judgment ot Oencral Term reversed and that of Special Term affirmed with costs.?The People ex rel. Dllcher vs. The (lerinan I'nited Evangelical St. Stephen's Church of ; Buffalo. order affirmed with costs in the matter of Astor to vacate an assessment. Court ot Appeals Calendar. The following I*the Court of Appeals duv calendar for Wednesday, June 4:?No*. 1.(9, 140, 115,117, iL1, 152, 11, 131. IMPORTANT TREASURY DECISION. No Foreigners To Be Officers of United States Vessels, Klther Public or Pri vate?The Prevention of Fires at Sea? The Supervising Inspector of Steam Vessels' Tactics. The following important decision from the Treasury at Washington was received In this city >esterday, with reference to the subject of grant Ins licenses to officers on board United States vessels, either public or private, who may not be citizens of the United States, and will be read with Interest at the present moment:? Treasury Department, l Washington, D. v.. May 31, 1873. ( To Caitain Aiioison Low, Supervising Inspector of Steam Vessels, New York :? Sir?Your letter of the 7th lust., In regard to re ferring the question of granting licenses as masters, mutes, pilots and engineers to persons of lorelgn birth, who have not been naturalized, to the So licitor ol the Treasury for his decision und opluion in the premises, lias been received aud was so re ferred. Iu his reply tho Solicitor states "that the act of June 28, 1804, repealing certain provisions of law concerning seamen on board public or private vessels of the United States in Its concluding para graph provides ?that officers of vessels of the United states shall in ail cases be citizens of the United States,' and that the eifect ol this provision of law Is In no degree Impaired by the Steam Vessels act of February 28. 1871." You will therefore be guided In the future b.v the above declalou In granting licenses to officers of steam vessels. W. A. KICHaKDSON, Secretary. A wabnino to stramhoat captains. On account of the numerous fires which have re cently lateen place on board American steamers, causing such terrible loss olllle, Captain Addison Low, United States Supervising Inspector of steam Vessels, resolved to give a "surprise party" to some of the principal stoauislup lints plying ont of this port. The first line lie resolved to operate upon was the Old Dominion, and the steamer selected the Old Dominion. During the voyage to Rich mond, while the crew were distributed about the ship attending t<> their various duties, the alarm of fire was given, and in less than two minutes uver.v pump was in use, with hose leaning to every part of the ship. When the pumps wrre stopped the crews lor the boats were detail d, and all went with admirable precision, subsequently the lire

alarm was sounded during me night-, and with a similar result. Captain l?ow states that he intends to pllt numerous steamers to the test in a similar manner, so that he can learn by practical experi ence which vessc<s are wed manned and disci plined. By tills energetic coarse of conduct it is to tie hoped that loss appalling disasters at sea Will have to be obrouidcu, CITY WAMAITS PUD. Monthly Exhibit of the Comptroller?'The City and County Debt and Other Fi nancial Hatter*. The following U the monthly report or Comp troller Qrecu or financial matters in hie depart ment Drpabtnent or PiifAHOB, Comptrom.kr'h Orric *, Juue 2, 1873. , Monthly statemeiitol am ount of warrants drawn and for what purpose against the Cltjr and County Treasury, January 1 to May 3f, 1873, Includve; also a comparative statement ot the city and county debt ait or December SI, 1872, and May 31, 1871, with statement or aul tor what Bur noses sto:ks liavu been ljuud ii city account? To.iprU. 30. In Way. Assessment Fund $8,8)0,241) $li>b,321 Arrearages of 1871 and advertis ing prior to 1874 <73,7(3 13,689 Board ol Apportionment and Audit, expenses ot 3,165 213 Board ot Apportionment 3.'I 10 Contract Commission, expensesof. 6..113 60 Cleaning streets, undtr Police De partment SOO.iKW 125,000 Department of Public Parks. 3IM,0I)9 85, jM Deparmciitof Dock* 12l,>i;i8 29.709 Department ol l'ubilc Works 2,041,326 634,516 Department of Public Instruction. 850,00 lun,4?il Department of Pollco 1,110, V& aW.u-ll Department of Health 44,325 17,212 Department ol finance 141,004 66,576 Department of Public Cliarluea and Correction 621,600 146,657 Duplicate assessments paid 38$ Kxcise License Fund 4,814 Fourth avenue Improvement Puud 106,8 >1 30,HIM t Free ttoatlng baths 854 I8U Fire Department _ 404, US 99,216 Fire telegraph 197,618 Kouni'ling Asylum, for support of lonn-llings 8,818 Intestate estates. 137 Interest on city stocks and bonds.. 2,363,715 2,367 Judgments 91,325 6,165 Law Department, fklarles and contingencies 29,488 12,468 Municipal Correction, Bureau of.. 7.266 46U Museum of Natural History ? 1,8J7 Printing for departments, Civil and Police Court* 12,644 872 Public buildings, construction and repairs 18,764 1,719 Removing: night soil and dead ani mals 8,003 3,173 Revenue bonds of 1871 paid 1,120 Remission ol assessments ou church properly 16,139 Stationery and blank hooks, De partments, Civil and Police Courts 6,566 21T Stationery and blank books, Com missioner of Tuxes and Assess ments 1.479 Salaries, advertising and contin gencies, Legislative Department 118,201 18,944 Salaries, advertising and contin gencies, Mayor's oltlce 7.420 4,706 Salaries, advertising and contin gencies, Board of Assessors 6,978 2,333 Salaries and contingencies, De partment of Buildings 30,014 2,247 Salaries and contingencies, City Courts 91,930 23.726 Salaries and contingencies, Boar.lt Revision and Correction 666 1,199 Salaries, judiciary 42,111 13,241 Total amount warrants drawn In May ? 92,159.131 Add amount previously drawn.... ? 18,899,995 Total amount warrants drawn on city account 1873 ? $21,059,126 On county account? Avcrtlsing 625 69 Arrearages of 1871 and advertising prior to 1872 2^.604 77 Armories and drill rooms 46,J.<7 32,014 Asylums and reformatory institu tions 200,891 39,618 Cleaning and supplies for county oltlce* 34,537 7,441 Commissioner of Records, ex penditures of 12,422 810 Common schools for the State..... ? 300,000 Coroners' fees 1,458 291 Contingencies. District Attorney's oltlce 306 ? Contingencies, county 1,147 l,97i> Contingencies, Tax Commissioners office 645 188 Disbursements and lees, county offi ces and witnesses 1,500 ? Election expenses 311,374 1,019 Interest on stocks unci bonds. 760.004 ? Jury tees. 13,500 ? Lighting and heatingcountv olllces 5,821 138 Now County Court House 38 ? Printing lor Lcgislativu Depart ment. 1,970 ? Printing tor Kxccutivo Depart ment and Judiciary 15,56} 802 Repairs to County o Hires and buildings 8,831 ? Rents ?. 1.475 1,375 Repairing and preserving records Register's office 981 ? Support of prisoners in county iail 2t5 ? stationery, law and blank books.. 4,014 87 Salaries, Executive 58,'WM 9.8S9 Salaries. Judiciarv 210,838 27,9*3 Salaries, Legislative 10,583 ? Amount warrant*.comity account, for May. 9421,796 j Add umouiit previously drawn t,471,3*2 | Total amount warrant 1873, on county ac count 91,896,178 Add Hiiioiiiit warrants drawn on city account. 21,059,126 Total amount tor city and county 922,954,305 CITT AMU COUNTY DKBT. Drr. 31, April 30, May 31, 191 i. 1873. 1873. City Account? Payable iioin slnk'g fund.921,160,063 24.321,113 23,966,113 I'avable Horn taxation 39,625,592 44,132,578 44,212,578 Temporary debt payable iroin assessments 16,927.372 20,136,372 20,361,372 Revenue bonds, chap. 1, 9 nod 29, Laws 1872 6.446.U7 6,530,697 6,590,697 Revenue bond* In antici pation of taxes, 1873 ? 29,464 39,910 Countv Acci unt? Payable (mm taxation. .. 29,987,404 29,990,566 29,990,565 Revenue bonds, chap. I, 9 anil 29, Laws 1872 1,667,700 1,694,706 1,694,700 Revenue bonds in antici pation ol taxes, Igtf ? 851,000 953,000 Total* 9118,815,229 130,6o2,427 131,760,027 Less slufcing fund 23,348,074 23,884,37,: 23.871.014 " 995,467,154 106,777,851 i07,889~ljij Ca?h In Cltyand County Treasury $3,141,927 Cash it. Sinking Funds 620,402 The lollowing .-.lucks and bonds have been Issued in 1873:? For Croton Water purpose* $666,000 For Riverside Park and Broadway widening, Ac 3,791,400 For Fire Telegraph tartearage ol 1871) 197,586 For Now York lirldgo 150,0)0 For Public Park* 300,000 For Museum of Natural History 2.000 For Public Works?Sewer repairs 25,000 For Public Parks?Street Improvements (pay able from assessments^ 1, .81.900 For Riverside I'urk, Broadway widening, Ac. (payable from assessments) 1.952,100 For revenue bonds (payable from taxation) 5,227,200 For New York County House Bonds 3,lti0 For public school buildings 25,000 Total 913,820,347 The above bond* and stocks were issued In accordance with special laws for work* in progress; assessment bonds on account of Improvements in progress, and to bo repaid bv assessments to be collected ; io venue bond* In anticipation ol the taxes of 1873 and on account of arrear ages and advertising claims authorized by chap. 9, 29 and 376, Laws of 1872. YAUm\<, NOTES. The second annual reception or the Pavonla Yacht Club was held last evening In their Club House, near Pavonla ferry. Long Dock, Jersey City. Thero was a large attendance or the members of the club and the boys had a Rood time. Commo dore Kremeyer and Vice Commodore J. L. Cleary, were Indefatigable In their attentions to their guests. The attention of the members or the New York Yacht Club Is called to the lollowing notice:?"ir the wind serves, the yachts will dp started promptly, and persons intending tn go on the club steamer are notified to be punctual." A match race between the sloops Meta and Vision Is talked or. Such an event would excite considerable interest In yachting circles as both yachts are remarkably fast. The steamboat Twilight, furnished ror the exclu sive use ot members or the New York Yacht club and their guests, will leave the Erie Kallroad pier, foot or '1 wenty-thlrd street, North Kiver, to morrow morning, at ball-past nine o'clock pre cisely; pier No. 1 North Kiver at ten o'clock, and quarantine landing, 8. I., at hair-past ten o'clock. In the sloop race on Thursday the old antago nists, Vision and Oracle, will meet. The former Is the favorite, as the canvas or the latter has been cut down. Messrs. Edward Arnold, J. Lawrence Marceiius, William 11. Davenport, H. K. Valentine and Sidney W. Knowies, the Regatta Committee or the Atlan tic Yacht Club, have issued a programme for their regatta, to be sailed on Tuesday, June 10. In tue tabular lorms, relative to time allowance, In the "New York Yacht Club Book lor 1873," the following was omitted"To And the allowance to a yacht whose measurement comes between any two even hundreds In the above tables, deduct Irom the allowance to the even hundred next be low hers each proportion oi the difference Between that allowance and the one next above It in the table as the excess of her measurement over the lower hundred bears to 100." The members ol the Columbia Y'acht Club arc hnving a lively time preparing their ileet of yachts for their annual regatta next week. It Is reported that the members of the Brooklyn Yacht Club intend purchasing a site for a club house at Larchuiont. on the sound. Mr. Lester Waliack will entertain a large party of guests on the schooner yacht Columbia on Thursday, and accompany the racing yachts around the course. The following passed Whltestone yesterday:? Yacht lanttin, E.Y.C., Mr. l'ickuian, from Bristol, ft. I. for New York. Yacht Zlnga, irom Woetport for New York. ELECTION OF OFFICERS OF THE COTTON EXCHANGE. At their annual etoctlon the member* or the Cotton F* change cho?? the lollowing officersPresident, Arthur B. (Jrave*; Vice President, Hy. llerU; Treasurer, Wal ter T. Miller. Board ol Managers?Heorge Blagden, Rob ert Tannehill, John P. Negrepontl, .las. F. Wentnan, II. II. Ware. Meyer Ijchmsn, ('lifts. A. Kaston. Thomas .scott, 8. Hanger, M. P. Baker, C. HyllesMd, W. II. arodle, Win. Burnie. L Walter and H. M Parker. Ai the same time tllty two candidate* were elected to membership A large number ol application* lor mem bership are being precipitated upon the Membership Committee while the Joining fre remain* at the sum ol 9500 A'ter July 1, as we have before stated, suaU iu the -fcchu ' will lie advanced to 92,500, AET MATTERS. Mr. BtUhkrt'i ??w Picture To-D?f. When Lord Chesterfield *u dying he U said to hare remarked. "If Mr. Selwyn should call show him up. If I am alive I ahall be glad to see him; If I am dead he will be glad to see me." This, aa the reader knows, was la allusion to George Selwyn's notorious penchant for viewing dead bodies, and may be aald to hare been the last gleam of that cold wit whloh occasionally sparkled in his lord snip's conversation. The same spirit?that of reoetvlag or giving pleasure, of being the means of more enjoyment existing for some one than pre viously existed?animates almost every artist wlio paints what be considers a good picture and Is will ing to give the dilettante an opportunity of judging. If tue picture pleases, he will be glad to have seen them; If It displeases, they will rejoice to have seen It. For (we blush to own It) there Is nothing your art-smatterer covets more than the oppor tunity of saying something malicious, in the guise of criticism, that shall be colored by the facts of the case. Well, Mr. B. F. Reinhart Is beforo the public with a new picture, as fresh as the Ideal June bud would be If It were only here. It dropped from his easel yesterday, and may be seen to-day at his studio, room 12, Dodworth Hall, 806 Broadway. It Is eutitled "Welcome Home," and greater sim plicity of theme and lovlincsa of treatment would be difficult to come by. It is, indeed, lull of bright ness, breezlness and sweetness. Vou loci agaiust your cheek the tender breath of the clover Held, wnich forms a portion of the background, as much as you feel tne delicious Innocence and huppluess of the two little ones who constitute the theme. In every cup of enjoyment we drink there is one precious drop which gives tono to the whole, and the name of that drop Is Sadness. Whether Mr. lteiiinart recognizes this or not, such Is the senti ment his picture illustrates and eniorces. As there is no happier or sweeter sight than that of two pure children londling each other, so there is none winch is so finely touchlug. We are not surprised to learn that George Stlnsoa A Co. have desired to engrave such a subject, lor it is handled with an atfectionateness, a sweetness of feeling and a lov ing solicitude lor which, we are free to acknowl edge, more ambitious efforts of the same artist had unprepared us. If it be a fact that the true ideal Is the expression of the specific characters of an object In their perfection, then in "Welcome Home" we have somebody very near the true Ideal of ohildhoud?pure, radiant, healthy, happy, ingenuous, self-unconscious child hood, sparkling with the sportive animalism which makes ft something to be tondled and kissed, yet raised by a spiritual touch into something better than m?;re earth. In "Welcome Home" two little girls occupy the centre of the canvas. The large child, evidently about six, Is coming down a couple of rustic steps which bring her irom a clover field belilnd. She has just returned irom a visit, lasting perhaps a day, and is received by her sister, a couple of years younger. The difference in dress Is a sufficient in dication that tho elder child has been away. .She wears stockings and shoes, a neat frock, a clean white aprou and a pretty pink sunbonnet. Tne younger sister is the personification of infant des liabille and abandon, with its rogulshness toned and softened by the Joy of welcome. She has bare arms and leg*, ana seems quite Indlflerent to the comparative finery of her siBter. The merit of these two children is their exceeding naturalness. It is impossible that they should have been drawn irom the same model, as most studies of children are. They are veritable children, children that you can pinch and kiss, and roll and tumble with, and not minute adults with cheeks like rod apple dumplings and curvilinear limbs. We remember children by Meyer von Bremen that we think there Is reason to like less, it Is easy to perceive that the two are sisters for .the family likeness shines through the variegation, and kinship is expressed not less in the varied ideutlty of leature than in the lovely contentment of the eldest child and the clinging joy of the younger. Who nas not beheld pictures of children which tempted him to doubt the immortality of the soul? Tiielr little forms and faces were ol so woodeny a type th it if tnese were to be accepted as emblems of humanity then the spirit within them seemed scarcely worth the saving. But, as there are some physicians by whose hands we had rather die than live by those of others, so there are some artists wh > vvi' preler snould spoil our portrait in prefer ence to having it succeed under the touch ol an other. We can imagine Mr. Keinhart belonging to this stamp of artists; because If he fractures the ideas which other people manufacture for him he more than compensates for such havoc by sub stituting others or his own which are truer more beautiful and more valuable. We believe that there Is not more Joy lu heaven over one sinner that repenteth than there Is among the hierarchy of just critics and broad-brained connoisseurs to whom a new and good work of art is submitted. Whether "Welcome Home" a flt subject for such rejoicing we now leave them to determine. The Clinton Hall Sale To-Nlght. The very valuable art volumes, ball literary and half artistic in interest, to which we referred yes terday, will (a portion of them at least) be sold at Clinton Hall te-nlght. it is the last sale ol the kind of tin season, and is superior in its claims to auy New York has thla year had. _ ... TROTTING AT FLEETWOOD PARK. Two trotting contests came off at Fleetwood Park yesterday afternoon, which were witnessed by about fifty persons, rank and file. The first trot was a match for $600, between the sorrel gelding Star Henry and the black inare Gertrude, mile heats, best, three Injlve^in harness. Star Ileury was the favorite, at sfighro?tdsljefore the start, but alter the first heat at 5 to 1. The driver ol Star Davis nulled the horse on the second heat so bunglingly that every pei son on the track, judges included, saw it, and he lost the heat, but not a word was said about the affair; yet Instead ol altering the betting fl to I was then offered on Star Davis. Probably the reason lor not changing the driver of Star Davis for throwing the heat was that $j0 would have to be given to another driver to take his place, and there was not that amount taken at the irate; and therciore it "couldn't be done, you know." Star Davis won the race easily afterwards. The second race was a match for $'200, mile heats. >,pHt three in nve, in harness, between W. E. Weeks1gray gelding Tom Wonder and D. l'tlfer's bav gelding Bay Billy. The latter was the lavonte at i to l before the start, but was beaten very casllv in three straight heats. The following are the SUMMARIES. Fleetwood Park, June 8.?Trotting?Match $.100 mile heats, best three In five, lu harness. H. B. Kelly's s. g. Star Henry.. 1 2 11 John Murphy's blk. m. Gertrude 2 l i i T,ME Quarter. Half. ^ ? First heat 40 1:24 2U? Second heat 40 l:?l Third heat 40 1:21 2.44 Fourth heat 41 1.22 ? Same Day.?Match $209, mile heats, best three in flV3, In harness. . , - W. F,. Weeks' g. g. Tom Wonder ? J J D. Pflfer's b. g. Hay Billy tit TIMK Quarter. Half. Milt. First heat 40 1:*> 2:43 Second heat 38 1.18 2.41 Tuird heat 30 1:19 DEERF00T PARK. Irishman'! Daughter Wine the Three Minute Puree. The three minute purse announced to be trotted at Deerfoot Park yesterday afternoon was decided satlsiacforily. Entered lor the event were a. L. Rogers' bay mare Irishman's Daughter, J. Denton's bar mare Love, K. H. Heard's bay stallion Harry Gurr, George Hopkins' brown marc Jennie C., Dan iel Gtluiore's bay gelding Delver, L. S. Sainmls' sorrel gelding Brandy, M. Rogers' bay stallion Kipp, William Welsh's chestnut mare Nellie, and William Tn<>m's bay gelding Lvman. Of these \ HnrrvilniT and Jennlo C. were drawn, leaving seven i toroinefor Mmword. Before the start Hrandy was the favorite; Nellie second, the two bunging nhout u much an the field. The first heat wus won bvBrandy when he was left out of the pools, und Nellie WM made the choice. Irishman's Daughter scored the second heat, when complaints were made against Nellie's driver, when the judges re moved iilm and substituted Hiram Howe, the latter obtaining flity dodars under the rules of the Trainers and Drivers' Association for nis services. Rut the change was of little service, as the Irnli nmn's Daughter scored the third and fourth heats with ease, thus winning the race. The following is a BUM M ART. Deerfoot Tare (Formuult IIau.'s Track), Ne<r Brooklyn, L. 1., June 8, 1873.?Purse $ioo, for horse* that never beat three minutes; mile heats, best, three In five. In harness; $00 to first, $:io to second and $10 to the third horse. Judges Messrs. Keenan, storms and Burke. A. L. Rogers' b. m. Irishman's Daughter, s l l i L. S. Sanimls's. g. Brandy 1 2 4 .? William Thorn's n. g. Lyman * i i 1 William Welsh's ch. m. Nellie 2 o j * j. Denton's b. m. Love ? 7 ? ; D. Gllmore's b. g. Delver ' " 0 M. Rogers' b. s. Klpn K. H. Heard's b. s. Harry Gurr tieorge Hopkins' br. m. Jennie C ' - T,MK* U!la Quarter. Ball? ' First heat 44)4 1 "-44 Second heat 41 1-21 -j'uu Tolrd heat "X * 5 Z ^ 1 Fourth heat 42 A BAD SUICIDE. A German woman n.m.d Lena DatKh. Kant Twelfth *1 wet, died yenterday tro\fi the cffect* ol .,1 ./ i?-rU ttrcMsn. Hti8 hud b?on nbftn Uktnaaqiiantltl' Of J Brj* prey#<i upon her mind Inauguration of the Now Grand t Plaza at Union Square. Gov. Dbc Reviewing the Holiday Soldiers. A Handsome Pageant and a ? Great Crowd. The parade of the First Division of the State National Guard took place yesterday afternoon. Governor Dix reviewing the troops at Union Square. The day was, beyond compare, a gem * of beautiful weather. A stiff breeze, cooling arid heats of the day before, had prevailed all the morning and noon, and had moderated with the declining Hun at Ave o'clock to the consistency of ? pleasant zephyr, which might cool the brow without ruffling the bonnet. It raised no dust and whirled no atoms down the general throat. The tired sol dier had no discomforts of the broiling sun or the embrowning dust to tear. The day was as rait- ?' able to the occasion as if the god of day had com menced his round early in the morning with espe cial reference to a flue parade. As early as three o'clock the streets adjoining v" TltK OK AND PLAZA OP UNION SQUARE were thronged with expectant spectators. Along Broadway, Fourth avenue and Seventeenth street men, women and children nad massed themselves to see the division as it passed the reviewing stand* and throughout the square itself, perched on the benches, In the trees and among the Idle machin ery, and a few nestling even under the protecting toga or the lamented Lincoln's Btatue, were the more hopeless and less patient public, who felt con tent under pressure to catch a passing glance of the division, unembellished by the visible presence or the Chier Magistrate or the State and hlB aids. The houses racing the pol nt of review were crowd ed with a luckier set of seers, who could gaso above the heads of the pressing crowd immediate!! down upon the soldiery, and from under the arch- , lug window shades of the Evorett House hosts of fair ladles were enabled to look down right into the face of Governor Dlx himself. A large detail of police served to keep the plaza clear and to pre vent intrusion upoa the reviewing stand, which was Indeed Ailed to repletion by gentlemen and ladies to whom Invitations had been extended bj General Shaler and the Park Commissioners. Flags were flying from the peaks or the Everett House, Westmoreland House, Arcadian Club and a number ol the edifices In sight. TDK DIVISION WA8 FORlfED at four o'clock In close column of companies, with the front resting on Filth avenue, in the following order:?The Second brigade on West Ninth street. Battery B on East Ninth street, the Third brigade on West Tenth street, Batteries 0 and G on East Tenth street, the First brigade on West Eleventh street and Battery K on East Eleventh street. The separate troop of cavalry which led the way and formed General Shaler's bodyguard, formed on East Thirteenth street. At hair-past tour the column moved, General Shaler in command, up Firth avenue to Fourteenth street, through Four teenth street to Broadway, up Broadway to the Grand Plaza. . ON THE GRAND STAND. c As the head or the column reached Fourteenth atreet aud Broadway tbe Governor took his place on the stand erected ror the rovlewing officer. It was built on the northern end or the little Gothic cottage, and fronted the broad street with Belgian pavement (Seventeenth street originally, but now widened and phllologtcally harmonized into the Grand Plaza), and it was decorated with a pro lusion or flags aud banners. The Governor was dressed in the ordinary blaek attire or tiie citizen. He was accompanied by his entire staff, Major Genoral Sanford and Adjutant General Rathbone leading, and was immediately supported on the reviewing stand by Vice Admiral Rowan, of the United States Navy, and Major General W. S. Han cock, of the reuular army, each in tne fun uniform or his rank, while Just * behind him were Lieutenant Governor Robinson, with nothing of his soldierly attire about him but ? bis crutches, and Major Geueral James W. Busted, of the Firth Division or the State National Guard, resplendent In lila brand new legislative uniform, sword and epaulets. Among the other distin guished people on the platform were general Mor ris, Captain Herrera-Davila, or the Ordnance De partment ol the Spanish Army; captain GaRton, of tho Pay Department or the same: Lieutenant Fish, son of the Secretary of State: Peter Cooper, and Al'Jertaan Vanc^, While in the sitting room of the a Gothic Cottage, too weak from his long Illness to trust hlm?ell to the pressure of the crowd ou the platform, though still looking nearty lor bis great age, sat. Thuriow Weed, attended by his devoted^ 11 A*Kr&i Sliai?r reached the reviewing stana tie saluted anu toot fltongnlde the stand, hi* staff and body guard ran^ng in Une on his right. Tne regiments then commenced to move paat tne Governor, and became at once the object of the at teutlon of the vast body or onlookers and or the military celebrities wiio stood by the Governor's ? side. TfTE MARCHTNO IN OENERAL was excellent, the Seventh, as usual, carrying ofl the palm lor excellence in everything pertaining to parude. Cheers were freely bestowed upon this model organization when Its head of column turned Into the Grand Plaza, and were kept np until they disappeared beyond Fourth avenue Into Seventeenth street. The perfect alignments were almost marvellous, in view of the seem ingly unconquerable desire of voung mi litiamen to look upon a distinguished individual reviewing them. The step and bearing were most, soldierly, and the saluting of coinmis- / sloned and non-commissioned officers was uni rormlv gracetul. The Ninth regiment followed the Seventh In the column, and presented a very un commendable contrast to that handsome com mand. The alignments of the Ninth were usually faulty; too many "private" eyes were glaring upon the Governor Instead or the gnlde, and many ol the men carried themselves with a gait that was rather shuffling than soldierly. One captain, while engaged In the duty or saluting, had his company ? stumbling over his heels. The unliorm or the regi- ' ment., once too gaudy ror beaury, has now had its gaudiness ground out or it., and Is slouchy rather tuan handsome, serving with unrortunate pre cision to expose a wearisome unlionnlty of round shoulders. TltK TWENTY-SECOND REGIMENT appeared In handsome style, and was the recipient ais'o of heartv cheers. The hero of "Humpty Dumpty'? was descried at his post, as zealously performing the duty of parade as he does the pantomime, and was cordially cheered by the gods of the gallery as he strutted by. TIIR SIXTY-NINTH AND SEVENTY-FIRST were cheered for their handsome marching. The latter t arries a war-worn flag which should nave rest. It hangs in mere strips from the staff, and, unless care is taken or It, mav not survive many more campaigns. We commend the otllcers to lay It away and provide themselves with a newer and brighter oue ror the grand parades yet to come upon the Grand Plaza. The artillery was well manned In all instances, the guns looked tinglit and ferocious, and the artillerymen hore themselves like the grim men or war they are popularly supposed to be. The cavalry was all In excellent trim, though some or the companies were ratiier thin. One lieutenant In the Washington^ Grays commanded a platoon or Just four men, who rode at wide intervals as ir to spread out to save appearances. The police arrangements were very excellent until the eud, when, beiore the First Battalion of cavalry, which brought up the rear, had passed the stand, and while Governor Dlx stood bareheaded, acknowledging the salutes of the officers, the crowd of men and bovs directly opposite broke through the police, scampered between the platoons of cav alry and Immediately assailed the platform whereon the (tovernor stood, some or tho more irreverent , among tliem, carried away probably by associations ' connected with the recent political campaign. Shouting ?SFroCH. SPEECH I" ^ ^ at the dignlfled old gentleman who, bareboaded ami Oowing, represented the gubernatorial dignity o KmplW State. Governor Due responded to this untimely call only by a general bow and retired; .nt Mm or General Uusted. to whom tne lasclnatton !>r speechmaklng Is more enticing than tbe mildlerly reticence of the camp, lingered near the invltlnir platform, and his triends lor some mo ent" were apprehensive that his clear volco ffht be heard ringing out above the din of the crowd In all that flowery eloquence or whlrh he is C"rhe'lrnglments having passed the reviewing ? ?,l dispersed at once, and until dusk various ?ireels Ol the city were made musical by the bauds i?f reaiments returning to their armories. The men in column numbered nearly eight thousand and the parade was one hour passing the Gov ernor. PARADE OF THE SECOND DIVI8I0H. Considerable preparation has been made by the mem ber* ol' tbe m-verol military organizations tor the parad** and review of the Second Division N. Y. 8. N. T. Is Brooklyn to-morrow The line of inarch will b? through Ileary, Joralemou. Clinton and Hehermerhotn atreet*, I latbush avenue, Hanson place, Cumberland street, i? luvette avenue, Carlton avenue and Mvrtle avenoc. wot ornor DU will review the omanuailona from a * erected on the weiterly *ldo of Cumberland atreet, opiw mUs v* tliousbliy avenue. _______ DEATH FROM DRUHKEHHES& Coroner llerrman has Instituted an inquiry Into tha catiso of death of John K. Dunham, who died In Hellevu# Hospital on Sunday night irom Inlnrjes, U Is be'jewl. re ceivcd in a nlwu vrtulq uadar th* Induaiv?* Q* Uauor.

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