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The Times-Picayune from New Orleans, Louisiana • Page 2

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New Orleans, Louisiana
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2
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if iv i TOtiBDA MOBWUrG, atAT lISSl. DUOKSSBLT CUBBURQ SALOONS. Ta Mayer lHreete that they be 'fmmter9 Meet no Ne Mare The Mayor; haa addressed Hie following fHtiffnnnnT" vaiex or roiiee 5. May llth, 1881. 0ol.Taos.

V. Boy lan. Chief of Police AVr The gambling establishments aitua tea mo iroes ua rear portioas or tne eity nave become a great nmsaaoe and can no longer ne vtieratea. i These eetabllshntenta are frequented br the most dangerous classes of society of both hzm, entail a heavy expense on oar city for police, and. are often the scenes of riot aad bloodshed.

It la my desire that all a amblina estebliah xneota la tbe etty of Sew Orleana, aad sltu attd entaide of the dlstriet emoraoea oy Chartrea and Cams atreeta should be aloaed on and after the lath day of the present Yoa will eeute to axreateaei 'xtersons fonad engaged In gambling ontalde tt the limits described In this order. jja new gambling establishment whatever us cut pe permitted to be opened within the i Itmlteatftbla dletactot permitted in this or li i' To, wtll.report to me any gambling noose where miBors are permitted to enter, where disorder occurs, or from which eon 'fclalnta eotne of unfair dealing aa it Is my Intention In being satisfied of the truth oi nay auea eharger to cant aneb hoaee to be immediately and irrevacably closed. Jos; A. Bhakhpf.abb, Mayor, r. KJrtGHMjPILPYTHiAn, iiXleeOnw ef Omcere far taw Now Year.

.4 The convention of the Grand Lodge of Xnlghta of Pythias, ot Louisiana, met 9 o'clock yesterday merning, Grand Cbenoel tor Beau prealdlaK. On roll call all of toe repreeentatiTea were fonad to be present. i The report of the Grand Chanoeilor. Keeper ef Beoorde and Seal and Vaster of 4 J2ixhqaer were ready. These reports all ahow tae order tn this State to be la aflour ituta condition and Increasing In member ehfp.

r5.A After the reading of these reports the eleetloa of effioera was declared In order, when the foUowrmt were eleoced for the en fj eaieg year i Grand Chancellor, Dr. F. M. Matnford, of Baron Bare Lode So. 19, of Bayoa Sara Grand Vice Chanoeilor, Thomas O.

Ben ton, ef Webster Lodge No. 4, of Minden. Grand Prelate John G. Allen, of Bossier Xodce No. 5 of Bed Land.

i 4 Grand Uaster of xoheqner, Isaae TJU mn, of Samaritan Lodge No. Oof Orleans Grand Keener of Beeerda and SeaL J. H. 'Chatehill, of Boyal Arch Lodge No. 6 of Or leans.

Grand lfaster at Arms D. Cooper, of Da mm Lodge No. J. of BhreTeport. Grand Inner Guard W.

B. Boggs, of Bos )rr Lodge No. of Bed Land. Gracd Outer Guard J. s.

Lanier, of Per fee Harmony Lodee No. 18, of Clinton. After the transaction of business of minor ln.nrtance the Lodge took a recess until tliis morning. TROUBLE ON THK LXTXS. Laasaharesaea Refaae ta Peranlt the Dt charslmsT a British Skip an ta a River StemaabaaU The I British steamship Fitxroy, Cat.

Glob, ha ring arrived at Bull's Head, Ta eayTenlg, with fourteen or fifteen hi' dred tons of railroad Iron for he 2ew Orleans Paclflo Railway, a penult was sranted by the Custom Uoiise antheritlee, and In accordance with lite charter party, to deliver the Iron to tie ate am boat Henry Frank for transportation to Alexandria, and the Frank came eioag aide the steamer yesterday morning for the parpoee of recelrlog It. The loagahoremen employed by the stevedore, however, about o'clock yesterday realnjr, positively refased to unload fhe alptnto the steamboat unless the Iron was first landed on the wharf. Capt. Hicks, ot the Frank, offered to pay the same priee for piling the iron on his 'boat that the longshoremen obtained or tmcklng and piling it en the Levee, bat they rarased. stating that the iron had to be piled en the Levee and afterward trucked baek.

aad delivered to the boat. These terms could not be submitted to. and thev left the snip and gathered In lare numbers en the wharf: TOweantaln of the ateamshta than ivim meeeed work with his crew, when the ringleader ef the loagahoremen threatened vio lenee to the captain of the Frank, and to barn the boat if he loaded the Iron thereon from the ship's side. The Frank waa then tewed to the opposite side of the river at Freetown. The afavor waa enbaeouentlr annllad tn 7 fcy Mr.

Wheeloek, who stated that it waa hla SH intention, provided Capt. the Hen TyFraak. could be lndaeed to again place hia beat alongside the steamer, to have her 'L cargo dlseharged Into the Frank, and asked the ayor if he eonld afford him sufficient proteeUon to effect this object. Mayor Shakspeare replied that the entire police force would be provided fpr tola purpose, If necessary, and expressed the hope that Capt. Hicks, of the Henry Frank, would ntaad firmly upon his rights.

THhTROWigO CLCBsl The opening enjertalnmext of tha West tS Jftaa Bowlhg Club will take place this evening. A number of Interesting events nave been arranged affair wiU be a 4 iU toUve one. The fourth ansual regatta of the Lonisl i Boat Club wifl. be given next Tuesday osv the Bayoa St. John.

The club is oom aaaed ot flue oartmen, who will make the well worth witnessing. T1TX WZATHXB. 1 The Signal Offloer at this station reports follows The highest temperature In New Orleans and the lowest during Tuesday night 68. A o'clock' oh Wednesday morning the thermometer stood at 70, at 10 o'olock at and at noon at 83. Fair weather with stationary temperature, allchtly rising barometer and light easterly grinds prevail In the Golf States.

stolen license plates. Quite number of license plates have recently been stolen from vehicles during' the umporaty absence of the owners. A arang ot men or boys make a business of the practise and disposed of their plunder by ale, at reduced rates to those who neglected to provide themselves with the necessary ptoe of brass. Reports are received at the office ef the Chief of Police, almost hourly, aad the thefts are teoomlng so common as mailt the attention cf the police. L.jnEB(9.

ros fitzpairick. Extending across Terptiohore street from nxer to gutter, between urraars ana Ham pert streets, is a ditch deeper and muddler uT'rfsr than the sruttera themaelves. and whleh acts aa a sort of reservoir for the waters cf the eidedlteb.ee. receiving all tbe aurplna filths. Naturally the hole la one not neslsbUy, aQd barrier to i vehicles, bat a stagnant pendof filthy water obnoxious to the sene of smell and danger ewa to the Ufa and health of the persona re aiding In the vicinity.

The residents along the lakeahore from the New Bat in to the Seven ieenth Street Canal, oomplaln of the Impassible condition cf the road and the dangerous condition ot wooden bridges. 'bY ''XBoosaa barber. On Msgaaine, between Melpomene and "Ternslohore street; A. Lafetaw exposes a striped pole as an evidnce of his art. Be bird his little shop is his happy domicile.

At half past 1 o'clock, Wednesday morning, the tcnaorlal artist bteame drunk, and in that a state began fighting1 with his better halt. t't. hire. Lafetaw waa not Inclined to sabmlt to hla assault, and resisted man fully The noise of the combat attracted the attention ot Qffloers Pnrnlss and Marphy, who came t. and placed the disagreeing couple under Lai etaw proved be anything bat wilnajprtaoner.

for on the way to the ata tmed and aasaolted the policemen, 7 finally locked np. SA GOAT OATCBXR9 rm.nijmjnlj. 7 Wmiam Gray ooouplea the' exalted poaV Tton pound driver lor the Flitir District oak that wear, a crown, hla also lies uneasy, and In the pursuit of his calling he does not always aoore awavk over. The he seized Elijah I. nsh's animal for violation xt etty or cicancee, when1 Bosh objected to the sizzie anfl enforced hi objection by foroe ct s.

Grur made an amalrit and Boah i. i i Vo 't ny epcoad class shoes when yon, exu tv Ttry best at theBedBtar. I AllXIflU Uf UlKfc 1 HALL I tow aria UuooV taedu front the billiard area. I I anA rrlMl tO ONI It. I Callahaa Pat Trial far the Jary Tmpaaauli i aad the Takea ATerdlet af Nat GadDty.

The ti lal of John Turner Callahan, charged with the murder of Michael Traeeylnthe Burrrlee saloon, near the Magazine Market, on the morning of the Snrt of March, waa commenced in Section of the. Criminal District Court, on Wednesday morning. Assistant Attorney Baker prose en ted for the State and Judge W. L. Evans rMtreeeated the aeenaed.

Compared With other tiiala en a similar charge the Imp to neJing ex a jury waa an easy matter, exactly at 1 o'clock the following Jury had been obtained: Alex. E. Btoffett, Richard H. Keen, Adam Dennlers, Alphonse Marx, Wn. B.

Ring rose, Lawrenoe 8 lea, John Law son, M. J. Taylor, T. V. Littlejohn, John Herbert, John Magendle.

a. u. ucas, Dr. E. Dreifue Deputy Coroner, waa tne first witness for the prosecution.

He held the autopsy examination upon the body of Michel Traeey. Found a wound in the head which was necessarily fatal. The ball went right straight through from aide to side. Mr. Baker offered the Coroner'a certificate in evidence, and not being objected to by the deffenae was read to the Jury.

Judge Lnzenberg explained that this was only the naked proof of the death. John Lynch said he resides at No. 161 St. Mary street. Knew Tracer and knows Callahan, wltneea recited the manner In blch Tracey met his death.

Callahan dealt Traoey a friendly slap to the aoe, and asktd him to take a drink. Traeey refused and slapped baek, and a sen file ensued. The contest ants drew each other out into the yard, aid Callahan said, Don't you out me If ycu pull that knife on me 111 kill you." Tracey went behind the bar where the pistol usually lay, and the barkeeper warned Callahan of the fact, telling him to take Tracey away. This Callahan did. After tome altercation Callahan departed.

Traoey and Lynch had a number of drinks and went to bed. Had not been there long when, at 4:30 o'clock in the morning, they were called by Wheelahan; the latter aald not to let Traoey come down, as Callahan was in the bar room. When Traoey heard this he followed Lynch down stairs. Callahan and three others were at the bar. Lynoh and Traoey went to another end of the counter.

Callahan aald to Traoey, Mickey, come and take a drink with me." Traoey replied. "I dont want you to mention my name any more, and I won't drink with yon." Both Tracey and Lynch were in their nn der clothing. Traoey had hla hand in the top ot hla drawers. Callahan aald, Don't pull that knife or I'll kill you." Traoey advanoed and Callahan pulled his revolver. Callahan stepped back and Traoey said derisively: Shoot Callahsn fired in the air, and the ball penetrated the celling.

Traoey advanced threateningly and said: "Shoot again, you Callahan fired, and Tracey reeled and fell. Lynch did not at any time see Traoey attempt to use his packet knife. Tracey remained in the bar room that night because there were policemen outside waiting to arrest him for running off with a hone and buggy. After the first fight, when Tracey came down Into the bar room again, he had hla knife open and aald, "It's a pood thing I didn't get a lick at him in the yard." Officer Hawkins arrested Callahan for the mnrder of Michael Traoey. The arrest took )aoe in the Surprise bar room, opposite the lagazlne Market.

Heard shooting and ran over to the bar room. Lynch was the first win witness met. Caught hold of Lynch Tte latter said, "I'm not the man; Callahsn killed Traoey." Picked no the knife alongside of Tracey. Identified knife shown him and a long barreled pistol taken from Callahan.) When Callahan was arrest ed he. said: "I have shot my beat friend, Dni i waa compeuea to ao it." Officer Morton also testified as to the man ner of Callahan's arrest, and hla statement did not differ materially from that of his bi other officer.

Cornoral Cluff also testified that he arrest ed Callahan. Deputy Sheriff Henry Bass had a sub poena for a party named Jules Deejarldea, which he served at where he waa toid Dea Jarldes lived. Served three subpoenas there. was toia taat ne had taken all bis effects and gone to New York, as he did not wish to appear as a witness. Victor Nlppert rooms on Dumaine street.

Knew Jules Deejarldea. The latter was em ploy at the Surprise" bar room, and roomed in the same house where witness did. Des Jar Ides left the house on the 30th ot April asd went to New York on the steamship Hudson. Told witness he was going to spend the summer in New York, and go to work there. Knew Jules for about twerve years.

Louis Nlppert, a brother of the preceding witness, knew Jules Deejarldea. Knows th latter la in New York, because witness re ceived a postal card from him. Desjar Ides' brother wrote to him that he had a situation for him, and Jnles went there to take it, because he had been discharged from his position here. George A. Mandevllle, is acting as stenographer in Judge Davey's court.

Took down tbe testimony in the Callahan oase. Took down the testimony of Jules Deejarldea Bead it orer to him and he signed it. When cross examined he said that De a rides signed the shorthand notes aa read to him, but not the translation. Is almost positive that the transcript is a oorreot translation. Judge W.

L. Evans, counsel for the defense, was called: to the stand, and said he believed that the transcript contained the substance of what Dejarldes said, but not his exaot words. Assistant District Attorney Baker offered the transcript of Deisrldes a testimony in evidence. After the objection raised by the defense was overruled, Mr. Geo.

A. Mande vllle waa again. called to the stand and read tne evidence of the absent witness as taken down by him. Dejarldee'a testimony was almost similar to that of Lynch. The State ended its case and a recess was taken.

Alter the intermission the defense called P. J. McGinn as their drat witness. Knows Callahan and knew Tracey. Baw him on the night ot hla death at the Surprise bar room about half past o'clock.

Witness was in company with Callahan and another at the time. Found seven or eight persons in the bar room. Notdoed Traoey playing billiards. Callahan asked all present to take a drink. During a conversation in the billiard room while watching a game, Callahan said to Pat Looby I wanted to give you aome points, but I see you won't take them." At the same time he laughingly slapped Tra cey In the face, and said "Ain't that se Mickey." Tracey angrily drew his knife and said, I'll kill you," with an oath.

During a struggle in the yard Traoey made a rush at Callahan with a knife and Callahan said Traoey, I'm a friend of yours what's the use or flghtiog Let's take a drink and settle it." "You're no friend) of mine," he replied. "Ill kill you the first opportunity I get." Tracey went behind the bar to get a pistol, and the bar keeper warning Callahan, the latter seized Traoey and pulled him out. The bar keeper aald ha wlahed to close up and witness and Callahan and friends left; At half past four o'clock witness Invited Callahan and some friends into the bar room. Lynoh oame down in his under clothing followed by Traoey, also undressed. Callahan said: "Mickey, come and take a drink with me and forget all about last night" Traoey surlily refused and CsTahan said, Well, then well drink by ouratlvee Traoey, with hla knire lnhie hand, advanced on Callahan repeating I won't drink with you.

I've got It In for yon. and I might as well give it to yon now." Callahan pulled nls revolver and warded off Tracey. The latter dared him. to shoot, and Callahan fired in the air. Tracey rushed on Callahan, the latter retreating, and Traoey seeming determined to cut Callahan, the latter fired and Tracey fell.

The bar keeper. Deejarldea, was drunk when witness and Callahan went into the barroom the second time. Callahan was armed on the occasion ef hla first visit to the barroom that night. Doly Meehan knows Callahan, and was acquainted with Michael Traoey. Remembers being in the barroom between la and 1 o'olock.

Witness was playing billiards with Tracey. Callahan came in and asked all parties to take a drink. Witness narrated the occurrencea In exactly the eame way as the preceding witness. After the struggle in the yard. Callahan said to Traeey.

"Alnt yon satisfied to make friends yet V. Traoey aald: No, 111 never be your Look out, then I'm fixed," said Callahan. Callahan made overtures ot peace, but Traeey refused. When Callahan said Good I night1' he asked Tracey if he wouldn't make friends. Tracey rnahed towards hint and said he would never make friends, and would flxCaUaJual yet.

After acme more altercation Traoey nuu ea behind tee bar to get a pistol and Calla ia stJred hint. When Callahan's party came back in the morning Wheelahan also crr in called Traeey and Lynch. Rcthi ot the latter eame in tiw lr trader clothing. Callahan asked Traoey to take a drink and Traoey refused. Traoey another break at me with that knife klU Hara Tracer dare Callahan to ahoot and heard ihetaftehot.

Traoey advaaoM upon Callahan, and witness then heard the eee ond shot witness then succeeded in gettu out of the door. William Stevenson wan in Unrprise bar room between Hand ft? night of the 81st of March went there wltn Looby and Manrioe Abrams: saw the prisoner there had known Traeey for a number Vyear after taking a driok went into the billiard room where Looby was; beard a aenffle between Callahan and Traeev: the latter oame up and asked LootSr If hehadagua aald i no." and asked Traeey wh.t he wanted the gnu for: Traeey aald that if he oould obtain a 'sun" he would kill Callahan before morning; witness warned Callahan of Traoey's Intention; witness and Looby left the barroom before Callahan did: did nos see any of the parties go into the yard, and did not see Traoey drawa knife or near him threaten O'Brien, Callahan's uncle, testified to the prisoner's good obaraoter. Callahan never went Into the barroom until witness took charge of it once and had Callahan there to assist him. has not been in the barroom often since that time. I O.

Desforges. a coal merchant, has known Callahan for ten or twelve years. Haa lived near Callahan's honae for a number of years, aud there is no better boy in the neighborhood. Knows that Callahan takes care of two sisters, and never knew anything wrong about him. A dm litis tra tor MeaUie has known Callahan from childhood and knows his reputation to be good.

Mr. Jas. T. Clarke, elerk of the Civil District Court; has also known CH ban since childhood. His reputation is good.

Mesrre. John Harney, Jamea Kent, Denis F. Burdon, A. McLaughlin, Harry Mentrup also testified as to Callahan's good character. Mr.

Kent said A finer boy never waa born." All unhesitatingly pronounced the ptieoner to be a quiet and honest boy. The defense here closed its oase. Assistant District Attorney Baker read the definitions of murder and manslaughter, and thought that the evidence in the case Instined the Jury In bringing in a verdict that the killing of Tracy waa unlawful. Judge Evans, in reply, explained the law of self defense, and said that if the killing of Tracy was not done In self defense he was Ignorant of the nature of criminal law. He stated that there was not one of the witnesses brought by the State whom he would not have called for the defense.

If the bar keeper bad not shielded Tracy from the officers of the law, and in violation ot the law, Traoey would never have been killed, aa he would have been In jail that night. Mr. Baker closed the argument and also reviewed the testimony, claiming that the idea ot a man armed with a revolver being in fear of bodily Injury from another armed with a small penknife was ridiculous. Judge Luzenberg delivered a clear, concise and impartial charge, instructing tne jury upon the difference between manslaughter and murder, the nature of seu derense, tne law governing threats and the value of evidence to establish the previous character. At half past 10 o'clock the jury retired, and about a quarter of an hour afterwards sianlfled that thev had agreed.

The ft lends of Callahan aud the frequenters of the neighborhood where the killing was committed, who had filled the spectator box during the progress of the trial, re turned as scon as the news of tbe agreement reached them and resumed their seats. When the jury came down Judge Luzen Tterg, turning to tne crowd, complimented toem UDon their oenavior throughout the day and hoped that whatever the verdict might be that they wonld preserve their respect for the court and for themselves and refrain from making any demonstra tion. Amidst the most profound quiet Minute Clerk Screven asked the jury if they had agreed upon a verdict, and the paper that was to oeoiae tne iate ot (jaiianan, just en terintr noon the threshold of manhood, ai Judae Evans expressed It. was handed over. Is this your verdict, centlemen of the jory! 'New Orleans, May 11, 1881.

Not guilty, Rlcbard H. Keen, foreman t' asked Mr. Screven. An affirmative nod was the reply, and the verdict was ordered and tbe accused was discharged without da. Mindful of the words of Judge Luzenburg the crowd left tbe building quietly and Callahan, overjoyed at tne nappy result, soon rouowea ana received the congratulations of his acquaintances.

THE POLICE' BOARD. A Heetlac Lent Nlatbt In Welch the New Breeaas AU Swept Very Clean. Promptly at o'clock all the members of the board, except Administrator Mealey, appeared and went into session. Officers Cos grove aad Adams, for neglect oi auty, were nnea one aeys pay eaon. Supemumerarlee MeCatthy.

Byrnes and Welsh, for drunkenness and disorderly con anct, aiso witn assault aaa battery on a citizen, were dismissed the force on motion of Mr. Byrnes. Officer Cheevres. charged with failing to arrest these officers who were creating a disturbance, was dismissed the force. The case of Aid MeDonogh waa next called, and he was reinstated In his position aa aid, on producing the required receipt from Mr.

TimoBy, the attorney for the accused. The following is a copy of the document Received, New Orleans, May 11, 1881, frcm Mr. B. A. MoDonogh, the sum of three hundred hud fifty dollars in full for my client, Arstlne Alton, in the matter of finding the bonds of Mr.

Jackson. James Tim on Attorney for A Alton." Per contra. Turnkey J. D. Carroll, charged with having abstracted a pocket book containing 95 cents and other articles, was promptly dismissed the foroe.

Officer Gorman who was charged with drunkenness, to appear, and waa dropped from the roll. Supernumerary Gannon for drunkenness, waa dismissed the force. Officers Clarke and Harris for neglect of duty were fined five days' pay each. The rulings of the boaid, aa compared with what haa been done latterly, were very stringent hut tbe members doubtless consider the oase an nrgent one, and that strong remedies were necessary to effect a radical care of a pnblto evlL It is intended that henceforth favoritism, especially of a political nature, shall be an impossibility, as the recent appointees are gentlemen sincere in their efforts to effect reform in this important branch of the publlo service, and they are well and ably seconded by the efforts of the older members. A NEW OIO BILE DEPOT, piece of welcome intelligence.

It is As a stated that the old shed called the Louisville and Nashville depot, at the head of Canal atreet, Is to be pulled down immediately, rhe necessary permission was yesterday obtained from the Mayor to remove the strorture, and the contract for the new building or way stat'oo has been let out. CHAILLE IN PURSUIT LIGKKCB. OF IN PEL Hereafter, until further orders. Inspectors of custome are requested to report to the Surveyor the sanitary condition of each vessel they board from foreign ports, and pay particular attention in this respect to those arriving from infected ports. This information will be transmitted by the Surveyor to the Collector, who.

In his turn, will forward the same to Dr. Challle, Supervising Inspector ot Shipping for the National Board of Health. INSPECTIONS. United States Local Inspectors Johnson atid Moffett yesterday inspected the tow boat Lure, which haa been chartered by Capt. Jaa.

T. O'Pry to carry paasenaers and the mall from this city to Port Eads, in Jilaoe of the Isabel, which will be taken off or the present. Assistant Inspectors Butler and Applegate yesterday inspected tbe steam launch E. E. Andrews, at Port Eads.

This vessel la used for general work, transferring the workmen from one point to another, etc SCALDED IN A GUTTER. Henry Wooldridge, the man who, on Sat urday last, fell Info the gutter at the head oi juraio streer. into wnioa steam waa being discharged front the boilers of the Liverpool Press, died at noon yesterday tn tte Charity Hospital, from the effects of the severe ecelding. The man auffered exoeeetvely from the time he was admitted until he expired. The eoroner was notified ana held.

inqaest, returning: a verdict In aooord at ce with the above facts. POLICE NOTES. Yesterday afternoon two hni Burke and Faenaett became involved in a quarrel at the Half way House. Burke ap pears to nave emergen a victor, whereupon toe father ot Fasnaoht seized a abitk 1 1 la said brutally beat Buxke. No arrests were maue.

jY United Circuit Court of the United SUtea, District cf Lenlalana K. C. Hancock va. E. J.

ol brook at ala Mr. H. C. Dibble, solicitor for complainant. Mr.

Thomas J. Semmes and Mr. Robert Mott for respondents. E. C.

Billings, Jadae. Thla ease submitted for a final decree upon bill, answer, depositions and exhibits. The snlt included Cbas. T. Howard aa one of the defendants whose e'alm upon the property hereafter described waa admitted by all parties in this snlt, and has since been satisfied.

Hla rights, therefore, are not submitted for adjudication. Against the other defendants, Mr. and Mrs. Geo. Nicholson (who claim title under A.

M. Holbrook), is demanded twenty fifty first equal parts in the establishment known ss the 'Picayune Newspaper and Printing Establishment," with an accounting and decree for profits. The facts which are either admitted in the voluminous pleadings or eetabUehed by the evidence are aa follows: On the iota day of December, 1873, there existed in the city of New Orleans corporation known aa the Herald Printing Company, which, at that date, bought at sheriff's sale, on a twelve months' bond, for the prioe ef twenty thousand and one hundred dollars, the New Orleans Picayune Newspaper and Printing Establishment," giving as a surety upon the bond Joseph Hernandex. Ex Gov. H.

C. Warmoth induced Mr. Hernandez to go upon the bond, agreed to bold him harmless for so doing, and seems to have been the party really furnishing the security. The Herald Printing Company was a corporation in which the oomplalnant and Alexander Walker were largely Interested, and it published a newspaper called the New Orleans Herald," of which these last named gentlemen were editors and managers. Chiefly through Gov.

Warmoth 'a influence an agreement was formed and carried out, in accordance with which the Herald Company conveyed the Picayune establishment, recently purchased, to A. M. Holbrook, who agreed to pay the twenty thousand dollar twelve month's bond and a new corporation was formed, under the general law authorizing the same, called the "New Orleans Picayune Printing Company, to print and publish a newspaper or newspapers and carry on a printing and publishing business of every kind." To thla corporation A. M. Holbrook waa to convey and did oonvey the Picayune establishment, derived from the Herald Company, which constituted its capital, fixed oy its charter at thirty thousand dollars and divided into one hundred and twenty shares, at the par value of two hundred and fifty dollars each.

Ot these shares A. M. Holbrook was to receive and did receive sixty five shares (65), the complainant fifteen shares 16. and Alexander Walker ten (10) shares. The oomplalnant ana Walker, along with all the other stockholders received shares in the Picayune establishment in the same proportion as they had held shares in the Herald nn deitaklng The Herald was no longer published, and became merged in the Picayune, which last was to be conducted under the new charter.

That charter provided that the corporation shall be governed by a board of directors of five persons." The first board waa declared to consist of A M. Holbrook, Peter St. Armand, B. W. Holbrook, Alexander Walker, and E.

O. Hancock, (the oomplalnant.) The board of directors had, by the charter, power given them, to adopt etch by laws, aa may be necessary to manage the ocmpany and appoint such officers and oletks as may be required." It seems to have been distinctly understood not only that A. M. Holbrook should thus hite a majority of the stock, but that of the five directors, who were to serve for at least one year, and who were named in the charter, two should in come sense be representatives of blm namely. Mr.

Armand and R. W. Holbrook (his brother), to each of whom waa transferred one of A. M. Holbrook's shares.

The corporation went into operation, then, with three dlreotors, who held (bares as follows A.M. Holbrook, 63 shares. Peter St. Amend, 1 share. R.

W. Holbrook, 1 share. E. C. Hancock, IS shares, and W.

Walker, 10 shares. The persons who held the remaining shares were nsmed in the charter, though all the certificates do not seem by the stock book to have been Issued. The oomplalnant subsequently derived title to two snares oy tur chase one from D. P. Penn.

one from the estate of Wm. P. Harper, aud the remaining three were donated to him br holders who were personal friends. The charter bears date December 19, 1873. There seems te have been an un derstanding on the part of the oomplalnant and Judge Walker, which is corroborated by warmotn, tnat waixer was to oe oniei editor and oomnlalnant.

the manegln, editor, and A. M. Holbrook the business manager. But, unfortunately, this under standing waa merery verDai ana was not recognizee oy tne terms or tne coarser, which placed all these matters under the control of the dlreotors and on December 26. 1873, a set of by laws were enacted, an or tne directors being nreaent.

and all voting In favor of their adoption except the complainant, which. clothed the president (A. m. noiorook) witn authority to organize the various depart ments or tne paper, ana employ ana aie chsrge all editors and employees, and fix their salaries, and to have the general supervision ot all the operations and transactions of the corporation." This aotion of the directory disclosed how wide was the misunderstanding between complainant and Walker on the one part, and A. M.

Holbrook, who was sustained by the chartes, on the other part. On the 16th day of December, 1ST, the twelve months' bond for aao.ioo was to mature. Bhortly before this time A. M. Holbrook announced to all concerned his inability to pay the bond, and his determination that the property purchased with the bond should be used In the payment of the bond.

Through Warmoth offers were made from Holbrook to Mr. Walker that If be or any of his friends wonld pay the bond, they should have the Picayune. This Mr. Walker waa unable to do. Mr.

Aroul, as the counsel of acme one, at one time offered to make the payment and take the property, bat subsequently withdrew the oner. On December 14, 1874, the majority of the Bosrd of Dlreotors, the oomplalnant not being present, acd Mr. Walker voting nay and protesting, passed a resolution to the effect that if Mr. Hernandez would pay the bond be should have conveyed to him the Picayune establishment. On the following day warmoth, through Hernandez, paid the bona and received tbe conveyance.

The amount paid waa twenty thousand two hundred and eleven dollars. On the Z2d of December. 1874, a special meeting of the stockholders called by the directory, passed resolutions ratifying the action of the directors in making the oonvey anoe to Hermanda in payment and aet tlement of the twelve months bond and dls sollng the corporation. Shortly after such dissolution, Hermandea, acting for Warm out cold and conveyed the entire Picayune establishment to A M. Holbrook, for his promissory notes amounting to $27 ,600 falling due in monthly installments, the last not maturing for several years, and bearing interest at the rate of 6 per cent, per annum.

Two promissory notes had been given by A M. Holbrook to Warmoth for debts dne from the Herald Company to him and for his services in connection with the paper. These notes were given at the time of the formation of the Picayune corporation, In or about December, 1873. and nad no connection with the transfer to Holbrook; and though it is evident they were paid with more readiness by him after the action ot Warmoth in making such transfer, or rather that resistance to their collection was withdrawn, thev existed long before as the obligations of Holbrook, and have no bearing upon the case and may therefore be dismissed from further consideration. Tbe first question to oe oonsiaerea is.

hth.r the conveyance of tne Ploavnaa establishment, executed under the author ity of the soara or uireoiors ana ra tinea hr m. meetina of the stockholders, waa valid. and could and did, in law, convey title to Hernandez. It la not necessary, in xne view i nave taken of this case as exhibited in the re cord, to do more upon tnis point than to ate that tbe meeting ot the stockholders was lawfully convened and regularly constituted. For since thla meeting ratified the mm mnri transfer, and arnoe the members or shareholders are the real principals or con' stitnentaor tne corporation, wnatiaey dla fettm within the scope of their capacity mwA aa reaularly done in time aad manner.

1 1 would be conclusively the action of the corooi ate body. i 2 The Herald company nam given a iweive mnmha tvnvd.lB amount UDwardsot tXUXM. for this very property, and then the same Mnmistfiii with the same proportionate interests had added anew corporator (A. M. ttnittmoki and changed the name of the eor nrHAn.nalnc the purchased property aa a I 2.ritjii Aa between the bondholder and 1 SOW eorpvrauvs, kv v.icjur Wiw I ewTchaecd property, the bond was aarely en loreaabla aeaiaes that eorporatlom.

The collateral undertaking of Holbrook te pay the bond did not at all affect these relatione. The debt waa the debt of the New Orteane Printing Company. Indeed, the bill ef complaint of the complainant eoncedea thla. At paragraph S3 he aays: "For thla petitioner avera and admlte that la equity and good eoasdenee, and notwithstanding the fraudulent and Illegal combtnationa and transections of said A aL Holbrook. Joseph Bern and George Nicholson, Peter St.

Armand and W. Holbrook, nevertheless the said New Orleana Picayune Printing Company and the holders and owners of the remaining fifty one shares of stock thereof owed to the aald Joseph Hernandez, or bis legal assigns, the amount in money which the said Joseph Hernandez paid for the discharge of tbe twelve months' bond aforeeald, upon which said Hernandez was surety aforesaid, bnt teAicA trot primarily the debt in equity and good of the Sew Orleans Picayune Printing Company, at tuccestor of the Herald Company, which corporation was legally the principal on aald bond." The thing done, then, was for a corporation at a meeting of stockholders to sanction and ratify the application of its property to the payment ot Its sole debt. It has been urged by tbe oomplalnant that the Board of Dlreotors was constituted so that ot five, A. M. Holbrook controlled three.

Bnt it cannot be aeeied that a board of dlreotors who are specially designated by name in the charter ot the corporation, have authority to call a meeting of stockholders. A board of directors thus designated convened the stockholders who acted upon this subject. At this meeting ninety one shares were present and voted for the ratification. The stock book of the company abows that the persons so present and voting were the representatives of genuinely leaned stock. Bo far as relates to the question or the competency of tbe stockholders to make the ratification it is Immaterial to inquire how much of this stock A.

M. Holbrook owned, provided he actually Owned It. Thla question may be material in another aspect ot the ease, which I shall consider further on, namely What con sequences in equity and law wonld follow after he acquired the property. Bnt there waa nothing in tbe fact that be owned tbe majority or the entirety ef the stock present and voting, provided he had acquired it in the prescribed manner and actually owned it, which would detract from the foroe of the vote. If it were necessary to decide whether, and it abould be decided, that, upon Hol brook's default in the payment of the bond, the C6 shares of the stock first received by him had in equity reverted to the corporation, and therefore should be treated as not voting, the oase wonld stand thus There were originally 130 shares (only 109 of which had been issued) MoComb had surrendered his four shares to the corporation so that counting all aa Issued, which I think should be done, we have besides the 65 shares 36 other shares present and voting aye.

There being but 116 shares, there could have been only twenty five outstanding shares, issued and unissued, which did not assent to this transfer and the twenty six shares assenting constituted a majority of tbe stock, even after excluding the sixty five shares. What are the powers of stockholders and of a majority of stockholders under our statute and at the common law The Revised Statutes (Voorhles Ed.) sec 687. (acts ot 1863, p. 130, see. 6) provide that "It shall be lawful for the stockholders ot any corporation at a general meeting convened for that purpose to make any modifications, additions or changes in their act of incorporation or to dissolve it, with the assent of three fourths of the stock represented at such meeting." Here Is authority so broad that it cannot be questioned that it includes much more than the appropriation of all the property oi a corporation to pay a aeut which It owel ana the vote waa not only three fourths, but atl of the stock rep re sen ted at the meeting.

At the common law the right of the ma lority of stock to control the operations and winding up of corporations, like this, not of a publlo character, Is undoubted. In Pratt vs. Jewett. 9 Gray, 34 a malorltv in number of stockholders, own lug a minoilty ot stock, petitioned for a dissolution of a manufacturing company. In their petition they averred, among other things, that a sole owner of a majority of the stock bad for many years controlled the election ot pffioers and elected himself agent and clerk, and that ne naa lor a long time managed the basiliece according to ms own win and ehoiM.

raaaroless of the wishes and interests ot the petitioners; that according to hie statement the corporation had teen doing a losing business for years, ana tnat ne reiuaea to mane any cnange in tbe business or to purchase the shares of the petitioners The court answered that no sufficient reason was shown for a diaooln tlon of the corporation that "Jewett. own ing more than two thirds of the stock, was entitled to tne control tnat tne true mis fortune of the petitioners seemed to be that they are in tne minority ana cannot eontroi the maioTltv of the stock." In Treadwell vs. Salisbury Manufacturing Company, 7 Gray, 404, the court say "We entertain no doubt of the right of a corpora tion, established solely for trading and manufacturing purposes, by a vote of the majority of theur'etoekholdere, to wind np their enairs ana eiote tneir onsinessiiin the exercise of a sound discretion they deem it expedient to do so. At common law the right of corporations, acting by a ma jority of their stockholders, to sell their property is aosointe, ana is not iimnea as also authorities there cited. Al then eh the act of transfer was within the canacity of the members of tbe corpor ation ana taeir sanotion vo waa in iorm legal and effective, and Hernandex took title under it and gave title to A.

M. Holbrook, this does aotnpeasarlly conclude the oomplalnant, or close The door to relief in his behalf. There remains the vital question wnetner the transfer from the corporation to Hernandez was effected in fraud of the complainant's interests, or whether by hla own conduct with reference to the publication of the Picayune newspaper the transfer was rendered Justifiable and expedient. On be naJl or tne complainant ia oiaimea tnat A. M.

Holbrook received sixty five shares of the stock in consideration of hla agree ment to pay at maturity the twelve months bond; that large powers were given to him in the Board of Directors in consideration or same agreement that when he suffered default to be made in the payment Of the bend and permitted the pUDliemng eeuoiiauiuw uppuea vo its satisfaction, be violated a quasi trust, aud that upon his purchase of tbe establishment he must be treated as holding it In trust lor the complainant to the extent of hla former proportionate interest. Ou behalf of the respondents, it is olalmed that all of the stock ex cept that neia oy tne complainant naa lor a long uius uwu owueu oy wem; that tbe reason oi tne sale to Hernandez waa ant anv wish or DnfDOM to defraud the ecmplainant or any of the stockholders, but that the cause which necessitated it was the incurable dissensions between Walker. A. M. Hoi brock and the complainant, and a ion tinned refusal on the part of oomplaln ant to comply with the charter and by laws made in pursuance inereoi ao zar as reiatea to the conanet or tne paper, ana tnat in confeanenee or tnia dissension on tne part of those tn Interest and the defection of the oomnlalnant, the paper became so crippled financially that it waa loo possible for A.

M. Holbrook to pay the bond at maturity, and the only wise disposition of the oaner tnat oouia oe maae in tne internee oi all tbe corporators was to apply Its entire tabtiahment to the payment of Its sole d. As rurnisnmg aia in solving vais question, it is important to determine whether the sale to Hernandex waa 'made In order to enable a disrupted corporation to dispose of its assets in payment or its aeot or lwthsr it waa a a ten in a frandnieat scheme to oonvey the property through Hernandez to Holbrook. The action ef Warmoth wonld fairly indicate tbe controlling purpose of the movers as his liability to indemnify Hernandez for his becoming; eeea rlty on the $20,000 bond, most have led blm. his tntrmate relations witn notn not brook and Hernandez muss have enabled blm to know thoroughly the transac tion from beginning to eno.

wa action in thla matter tanas xor that ox Holbrook. He (Warmoth) testifies On this BURjeoc, anas auser warning Holbrook'a Inability to pay the bond he informed Alexander walker, who. it must be remembered, stated in aia protest agalnat tne conveyance to Hemandea that he rep maMited the entire nop assenting stock, in cluding all Of complainant's that if bo or any oz nia nwnui www pay uw wwnu. ttitY IBOS1B MIT, uvyV mmimij. tbe Picayune eetaouanment.

as one tuna he said he would pay the bond and take the property, which he never did." This is eon tutor a oy law iiini; jy Jlotorooa yropwwi to acquire title by having the bond enforced weldd he have gone to those whom he la charged with compassing to derraua ana r.ned the coveted i tttie npon WfUJ the bend It would be extremely difficult tlTieooseilo this offer with any conspiracy to defraud the complainant er Walker or Porty for tha of JodVeloaely closing np an aaterDrise wklch from incurable discord had to be abandoned aa a failure. Holbrook'a var w. vvpom aava chase of the additional stock Is leooneilabie with the same purpose, stimulated by a da v7 payment or uernanaes's bond through the assets of the worn pen te re Ueve himself from a leas which be felt the fault of othere, including complainant, wonld more Justly place upon them and nim. The charter placed the eontroi of the whole basin ess in the hande ot thedlree tf'5D? by wa, gave the editorial and business management into the hands cf A. It Holbrook, the President.

Though this may have been distasteful to the complainant, since done ia aeeordaaoe with the supreme and organle law of the corporation, it constituted no good ground of his withdrawal of his aid and co operation from the joint enterprise. There eoeld be ae prior understanding between members ot a corporation which could prevent the supremacy of its charter aa eonititutiag the rule for Its operations and the law for lta members. Btlll the oomplalnant seems to have been so impressed with the idea that the adoption of the by laws of December 34, 187S. which cave the supervision oyer the editors to the President, was a violation ot the understanding with widen he had entered Into the corporation, that he atates la his testimony that be felt from that time that he could not attend any meeting of the board of directors or assume any connection with the Picayune without eondonlng a fraud and jeopardizing my own la teres aad those of other stockholders of the paper. He stood ready to resume his post as managing editor, and never refused to perform any duty in that line." The fact of this position of reals tan oe to the by laws npon the part ef the complainant la stated by nearly all witnesses who tea tiny on tbe subject.

Alexander Walker sayi Mr. Hancock never attended any meetings of directors, bnt one or two, and he retired from the board and retired from the establish meat, and I never aaw him or held any consultation with him during the year following." He says also We. of the Herald Company had been exceedingly dlssatuned with the assumption of the entire oontrol of the establishment by Mr. Holbrook." St. Amend, thong on the oroee examln a tlon he seems to have derived much of his information from Holbrook, expresses the opinion, that the paper became a aonroe of loas in its publication, aad that ft became such In consequence of a want of oordlal assistance from the oomplalnant and Walker.

Ex Gov. Warmoth, who was the friend of the oomplalnant, cf A. M. Holbrook and of Judge walker, who had tho fullest opportunity of knowing or their relations and eon duct in connection with the newspaper, as well as of the facts concerning the news paper itself, says That when the twelve months bond wet aboat falling doe Hot brook lnfoimed him he oould net pay it He further testifies: "He (Holbrook) and Hanoock aad Walker, who were by agreement be managers and editors of the Picayune newspaper, no der the control of Holbrook, had disagreed. Each one wanted to have the whole oontrol of the editorial department.

In oon aequenoe of this Han cook did' net give the aid which was expected, nor the oountenanoe and aeaiataooe which waa so necessary to the aaooessof the paper." He waa an able and influential newspaper man, and his defeotloa waa a serious drawback to success aud the enterprise eventuated in a failure." Upon cross examination he gives the language which each of those gentlemen used with reference te the other two, It evidenced such total distrust aad suoh bitter personal feeling that successful Joint action on their part in any bnainees waa beyond reasonable expectation. It would be essential in any buelnese, but absolutely necessary in the business of conducting and pub lfthlrjra daily newspaper. In which suoh tactical sagacity and untiring vigilance is emanded, in which one day of lnactioa or ill advised action in oonaeauenee of diasea lon on the pert ot managers might entail Irreparable pecuniary loss noon proprie tors. The testimony of Gov. Warmoth, thus corroborated, establishes the con tinued dissension on the part of these three leading newspaper men, tbe withdrawal of the oomplalnant and the oamaaing tneet oi tnis npon tne interests and prospects of the newspaper; The testimony aa to the value of the Picayune establishment is to be considered witn reference to these facte.

Xne wltna vary in tbeir estimates, ranging from $0000 to 100,000. Bat rt la 'clear that unless the internal obstacles oould be removed the paper eotud have had bnt Utile value beyond the type and material. A year previous It had been sold for on a twelve months' credit. Fourteen months after wards it wee appraised ta the succession of A. M.

Holbrook at sso.ooo. At the time of the sale to Hemandea It was offered by Warmoth to those In Interest for the amount of the bond, less than WIrOOO, and no purchaser oould be found. Warmoth testifies that he regarded the long notes ot Holbrook for t3700 as worth soareely more than 36 per cent, oi tneir iace. xne estimate ot wit nesses cannot outweigh these facts, and the question before the court Is ae to the wisdom of i he sale with ref erenoe to a cor poration situated in its internal relations precisely aa thla was that is rent and paralysed by serious and un abating animosi ties aad differences on the part orjthose who were its directors and sources of chief Under the aecircum stances, the sale on the part ot the stockholders waa us Unable aad Judicious. It would have been utter ruin to have continned the publication of a paper so situated ruin for all concerned.

The language of the 'Supreme Court of Massa chusetts, in Treadwell vs. Salisbury Manufacturing 7 Gray, 40S, may with 'propriety be adopted as deettlve of this quest ion. The court say Upon the faets found in the case before us, we see no reason to doubt that the vote of the majority of tbe stockholders for the sale of the corporate property and the closing of the business ot the corporation waa instined by the con dition of their affairs. Without available capital and without the means of nroearlac It, the further prosecution of their business wouia ne unprontenie not impraoueeMe, But it is urged by the solicitor of the com plainant Holbrook waa acting as aad with the responsibilities of a trustee, and when be repurchased the property he held It In trust, for toe eempiainant to tne ex tent of hla former proportionate In terest in the corporation; Holbrook had undertaken to pay the twelve months' bond, and he failed to perform iiis nnoertaxing. a rue ne aia leu carrying out that undertaking, and the property of the corporation was applied to pay a oeDt wnicn, aa between it ana noi Drock.

belonced to him to per. Bat it is established that Holbrook'a Inability to pay tbe bond, and tbe Inability of the corpora tion to prosecute profitably lta corporate business, resulted largely from the contin ued refusal on the part ot the oomplaln ant to aequlesoe in the charter, and from dlaooraant views and action in which eomtilalnant lamrelv nartiei natad. In non aeaneneeof thla an enterprise which the testimony shows might have 'been advea taaeoua both to oomplalnant ar Holbrook. was rendered a failure, and Ho.orook, who bad reoeived nothing but the aixty nre shares of stock, allowed that to pass with that of the other holders to Hemandea In payment of a debt which existed prior to bia acquisition of the atock. The business of the corporation had become a failure and the court uses tnat ins aeiecaou ana wiuaraw al of the complainant from thla business.

which be waa bound to aid and aealst. wee to a large extent tbe eauae of the (allure. under three clrcumsf aneee, the complain ant cannot urge as a cense ox action in a Court oi Ecmtty that Holbrook restored to tbe corporation all ne had reoeived, placed it so rar aa possible in statu ouo. ana aia net prevent the application of.ita property to the extinction of aa obligation which had existed before ho had any connection with It. Tbe complainant haa failed to estab lish his eaase, and the decree most be that the mu be dismissed.

Halted States District Coart, Branch Pilots of the port of New Orleans have libeled the ship Ellxa Kinney. claiming av pilotage. Crlaalaal Cemrta. Wn.M.A rim mm 1 I mmmm sent to tne Parian rasoa, for two moataa oy jooge soman. Nick HelBdeL earryur a weapon con cealed about hla person, was fined tae or one month la the Pariah Prison In default of xmvment.

Jamea GUI was tried ta Seettoa yes terday oa a charge oi perjury aennltTed. Thomaa CUa htm was fined IM Of 0O0 month la the Pariah Frlsoa by Judge Laxenr onrg xor aaaanit. Pafat Reeardere Vomxu I' Bins? Moan. Lonar Lee and ChAW to, the tnree CTiiaamen aecuaea oi the death of one of thai ooontrynxea oa Bam II part street Isst week, eame ap for trlki tevday. Taey were nnwiiUd th 2" w' ball, a a charge ot Efforte will be aaade to eBeet taslr ra 1 on bends, which are libel ta mveeT2 eeesf nL They are able to fomlah almoatart amount of ball.

IT ALONG THE A LITTLE TaUf A fit OX THE SAPXTY TALYKS OP THE missiMtrrr bUTkbL Caou OewdeVe Practical Wenre4leaa ef Bsc Theory. At o'clock, on Saturday evenisg iail Capt. John Cow den. U. euonrTa! Undent ot the New Orleana PaoflK road.

Miss Mary Bpelmaa, Judge AJexeaju Walker, A. H. IseaseesZ J. liS eeaff Bee, Major H. J.

Hearaey. ef the States, i the representative of the Picayune Jett te City on the Netohes, Capt. B. B. Lsatbeta.

They were eoaonjpanlad by J. aVAeC' r. aon. Super In tendest of tbe work sa i Hniioa River Tunnel, who was oa feu to the Atchatalaya te locate a draw brio over that river tot the Maw Orleans Par Ballroad Oompaay. 1 The party proceeded to Bed River La 1.

lag. where Capt. Cowden chartered Atohaf alaya a team boat Herbert for the pose of making en examination of tae urns of water passing from the Mia: Birer Into the AtohaXalaya threnxa River. At the shealest point la the latter waa a depth of thirty feel, wlshawidu fully looo feet by actual measnremot, a current of at least two end a half near from the Mississippi to the At lay a. Arrtvlr at the bead of tae A Jay fight miles from the aflasissi; v.

pcetca aonndMgsweromadeaadaU' tUlr ninety feet la many plaoee obtained. was fully aa average depth of fifty i one thousand feet wide, and a oummii. four five miles an hour, equal. It said, to a discharge of soo.ooo euMs i i ot water to the second, twe thirds ot was evidently from the. Mississippi Ium.

The sounding lead brought up eaoh tiais a tiila ooatiag of Bed Blver mod, small grarw and quicksand. At thla time the Bed Blver was seven ten inches below high water mark; u. Mississippi at Memphis one foot tun Inchest at Vlcksburg, tea feet NatoU eight feet: at New Orleans, two feet a. a Inches and the Lower Coast lull thns ae porttng the theory that the watte. is fiw.

tbe Miaalaalppi Blver at Island. Atchafalava. Morganta and Bonnet Carre bad lowered the flood Una at the ear era! points as stated above, thereby savmg the valley of the Mississippi lUrer, fxvw Vlcksburg down, from uuadcttoa. Tbe gentlemen were all of the Opinion that the outlet system, such at Capt. Caw den advocates by the proposed Lake Borgns outlet and others, solves tbe grle problem of tbe reclamation of the entire veil of the Mississippi from ever now; at same time lm pro ring the low water hevlj tlon from Cairo to tbe Gulf ot Mexioo.

Mr. Morse accompanied tbe party for tit purpose of satisfy lag himself ot tbe amoo i of water now passing down the Ateaaia laye, aad tbe effeote of tbe ether ouueu el the Mississippi upon that river. Mr. kiorx) heartily oolnoided with the view of Cat Cowdea relative te the outlet sysii. The company with whloh ho la eonneete, be said, proposed building railroads pi the top of the earth.

Instead of In tbe water, and he believed that wr It not for the outlets referred to, a porii'w of the construction work of the New Orleans Pacine Kalhroad weald have bees sn pended by overflow. The lowering of i water the Mississippi, ae papt. Oowao proposes, Mr. Morse believed would be ef Incalculable value to the New Orleans Iv clfle Ballroad and be worth aatold mlilkn to the Mlaalsalppl Valley, which, by dr ags, be said, would be the garden, com try. 1 Mr.

Anderson observed that Capt Cow den's plan was a almple propealtion at prv tlcal common sense, end waa aeeasy ef lng understood that be aald he woeAar4 why the people along the Mississippi Vaur had not adopted it years ago. Among the passengers on the Fred. a. Blanks, oa which boat tbe party, with exception ot Mr. Anderaoa, embarked Monday evenlne from Bed Blver Land.

for New Orleana, was Mr. TbocH. out a planter residing at Oakley, on Bayoo i eon Mr. uubert laromtea uapt. oo thai on Saturday last ho purchased plc lotion of aooo aeres, altuated en the beaks that bayoa, tor $600.

Previous to ana at too breaking oct e' the war. Mr. Gilbert eatd, this plant was worth eonalberably over iloo.ouo; having repeatedly peeaoveifiowea and stantly abject to overflow, the land rendered com para Ively worth leas, and purchased at the figure aamed above, as a speculation. 'j Upon Capt. Cowdea aekiag Mr.

Oi't" What this lead wonld be werta now If water ia Bayoa Macon was redaoed bevo. the possibility of overflow, that gesui replied that It wonld be worth ae mo. it ever waa before the war, aad be batter i Capt. Cowden 's system would redeem hole ot the Louisiana bottom lead frw overflow. The following card waa draws up en signed The BodorslgBed, wbo had the pleasure to accompany Caps, cowdea oa tne excursion to Bed Blver aad tbe Atchatalaya, (er ti purpose of verify lag the Important facte 1 relation to the value Of the outlet theory dept.

Cowdea as toe most reliable me the, of preventing overflows acd ether disaster of too high water ta the Mississippi, beret express their grata uidc to and high epp elation of tbe bespUaUty. courtesy eri kindness manifested to them by Leathers, of the Natebeca nd Cepis. J. V. end Fred.

Blenhs, of the Fred. A. Blanks. during the exeuzalon. H.

S. Morse, i Mary Bpeimae, II. J. Hearaey, Edgar J. Daf oar, H.

D. Thompson, Alt H. laaaoson, Alexander Walker. AMONG OKANGX BLOSSOM. Yesterday.

"afternoon, at Bt Vincent Paul's Church. the Rev. Father united in wedlock Mr. Frank. VL johnsoa and Miss Olive Andrews.

The ehurcs was filled with friends and aooaalntaaees ef tae happy couple, desirous of testifying taetr. sstUfaeilon at the happy result of its court. ship, as wen as to ootsia peer lovely features of the bride. After the ceremony had been performeS, Mr. and Mrs.

Frank Johnson took the trais. accompanied by the Hoe. Devey end Aia accomplished wife, for St. Louis. Cops.

E. Marks, a well known attest ot the Democrat, has given another denoe of his eater prise, by launching bark upon the aee of matrimony. The Picayune con grata la lee am ps venture aad sincerely tmate that ne have a pleasant voyage sarongb waa yesterday evening aulted la the ot wedlock to Mies Leah Levy bytaeLsf Jamea K. Guthelm. BIRTHS, MAKRIAGES ANV DEATHS.

Kseeraed at the wWcs ev tae Baaed ef Wednesday, May XL Mrs. Giuseppe Leege, a girt. Asrt tl. Mrs. Itarbaie Peclea, a bey.

Jeawl. Mrs. Was. Keraion, a girl, Jan. Is.

MrcMsrshelA kparraa, aglrt. hmTl. Mrs. Krwia Aafforth, a girt, bLaroh 3.. nfjurtaa ee.

rituk Marieich aad Miss Emu Stack Francis O. Ballaaea. 3d years. St. rhttlf sa Maggie Hseaiaa, a a K.

K. Evans. 19 mentl CIS Bt, Tbe Oaaneet aad i s.400 Magestae. tavedr WU.I, mtrv mm Matilda Dow years, rU J. bldner Harea.

bwUi, Prtser aaa lambaa. tens a. nay nu a years, six Valartoda uaeeaar. 4 asoetbe, iMrbigay L'k. trasnltal.

Asteven nwtere. aa ye, a4 Barthelemr Antoay. SO years, UrsuliasS sn rletta Dofly. years. MaudeMH.

4 Loretse 97 yesra. Craps sad wile te. rnser; Philip Uausberry r. Vf Mia. Eate Calewiroav 35 years, Sai Jaha.

a Anffai flaVTlsTClll IBL L. IB Tamra, avayev LUsabetb Bimegar (c). AlKkr. Ibomae JC Merasaa, l.year, ClaUMrra a Willis te). 7 mom las, Tarj lcbur.

aw harie. Parnell Stewart, 18 moctht, sa. Vredeclek ixragberty, aaeaths, vr' talatbel B. Coekertea, 4 moaths, 9i Beujsntia Mohr, 3 years. Per OtJaor LooaJa Bow XViat aV.

arlrl of from aaoog hie factory "hauu aad married her. 01.

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