The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-14

6fdence IN this city at four o'clock this morni.u oaa az
years he graduated at Yale College in 1ss vas s,aox
Professor Of Chemistry, in North CAxoAn. In 1915 40
served ten years. When there, he made geo,ox,o.,
survey OF that State, the first State survey made in ira
country, and In 1926 he elected Professor Of xssAs
mascs and Natural Philosophy In Yale College, whlch
place he dlled al the time Of his death.
ARCHER GIryoRD, OF NRw JERSEY.
NEWARK, N. j., May Is, 1860.
Archer Clifford Esq, one Of The most dlstinxuishsx
members OK tho bar Of New Jersey, died to-day
The Case OF tho Lottery Dealers.
SECOND DAY.
Augusta, Nay lo--p. r.
At the opening OF Court this morning, judge ". v.
Holt gave his decision at length oyerruinr nm M
grounds the motion made yesterday (Mondsy) in thu
Swan lottery cases. BE decided, upon the arss ground
that BY the dednon In the penal code Of the State TIA
offence for which the defendants were indicted was
"orme, being sc violation Of public law and therefore
ndictablc" Reviewing the argument Of defend ssts'
counsel who conended that qxam action should hava
been brought and not indictment preferred he ts1
down The position that such action can BIO brought only =
recover specific sum, and referred TO the provision q
the statute Of 1885, which leaves the amount OF tie penal
~, upon conviction within certain limits to the discrstss
Of the Court.
In noticing tho second ground Of objection thu. thsre
founded upon special presentment Grand Jury that
there was necessity for prosecutor in this case and
that did not concern the defendants TO whom the peaa "
was PAID the sentence being that they should pay il.
which was the important matter after ALL
Upon both grounds, therefore, the indictment was hold
be properly preferred and the ordered TO proceed
The defendants defended by Messrs Toombs and
Stephens, o. A. Lochrane Miller and Jackson and Sneel
and Walker For the State, Attorney General William T.
Laws.
Tho testimony given ia TO- day was very meager, but
hours and hours consumed discussing legal ques
tons as TO the admssbity Of evidence, paro and writ
ten.
Mr. Thomas NJ Turner one Of the Trustees Of the spsr.
Academy was called to the stand and testified that tho
Trustees cold and conveyed to Mr. F. c. Barber the fraa.
chise or lottery grant which granted by the Legsa
ture Of Georgia to the Sparta Academy 1929 that al
the payments due on that sale had been puuctua,ty
met, and that the Trustees considered that they
had the legal authority TO convey tho said lot.
money which the grant authorized them to RAISE:
that oil the Trustees present at the SALE and the
the money paid for tho gran. had been spcS, for edacs
tons purposes and the balance hand DO appro
Others Of the Trustees gave in evidence, all going to
show that the Trustees considered the lottery grant
The speeches OF the lawyers to-day were in favor Of
and against allowing TO the jury the original papers,
conveying the Sparta Academy lottery grant by toe frus
F. Barber Swan EDDY Co. The S for the
defence urged the sdmssipty of the evidence while e
Attorney General opposed it.
readily talk an hour or two any pc at OF il.
As to the speculatons about the result Of the case
will reserve them until the over, aud then Loan
give them in reliable form.
Markets.
NEW ORLEANS May 10, 1852
Cotton market unsettled; dealers waiting further
intelligence from Europe Sales to-day 500 bales mid
baes and the receipts 9C0 against 0ee baes for taa
corresponding week last year The exports for the
600 bales Receipts this port ahead Of last year 49,
goo bales do at all Southern ports 7Oe 500 bales Stosk
exc. for fair Mess pork excited, and advsnccd SOC.
75c sales at slS. Bacon buoyant, and advanced Xc;
bags. Stock 10000 bags, against 5000 last year.
Freights-Cotton to Liverpool 1924 Sterling exchange
1923 1lOk Drafts New York at sixty days TX Der
Cent discount ana at sight Il per cent premium.
Cotton declined So. sales Today 5000 bales nddas.
lie. 1l1sc.
CHARLESTON, May 10, 1859.
Cotton inactive: saIes to-day 500 bales; good mddng
llc ll'zo' Rice bad advanced &c: 49,,
Flour quiet 81 SO for Howard street and Ohio Whoa.
unS;nanssd Corn dull and declined 81 white, eoc. 92c.
yellow, g3c 94c Provisions Arm. Bacon: sides, 9y<s
l0c. Meas pork, SIT Is. whskey quiet, at soc for
city, and Sic. for OHIO
Inc excitement In breadstuts continues, and holders
are now demanding further advance, which somewhat
restricts operations superne held at 81 IS extra al
es 50 rs. Wheat has advanced &c. sales Of o0o BUSH
es at 81 05 for white and 81 so 81 IS for red Corn
key advancing and selling at 29c. Soc.
Flour in good demand; market &c. ! s71lc better;
81 % for extra Illinois and Wisconsin, 81 87M 81 sax
Tor extra Michigan, Indiana and Ohio and 81 rs IS IS
beter sales 900 bushels At 81 10 for rejected Chicago
spriDg 81 40 81 As for No. and extra Miwaukie cub
70 Sao'e rn ns
illinois river at 9oc Oats steady Barley DUH Rye
better sales 100 bushels Wniskey advanced Io; sales
Canal freghs corn &C., wheat fc, and asur s5c %
New York Lake :. imports-soe bbs. -four; $4,000
800 bbs flour, 10000 bushels wheat bushels corn
Flour market firm, with an active demand, partly svs
,ua:ve sales bbIs at So from Chicago spring wheat
Nd SO 76a 81 from Milwaukee club; n,luded are 1000
obls for Montreal Our mills grinding chiefly sup
md none has been shpped for the New York market
Wheat advanced 2c but the market is less active sales
lnsound white Illinois, including 1000 bushels white
Canada at private terms. The total aoat for this
aio. Corn is in demand but there is little Or none here
OATS firm and quiet Canal freights unchanged No re-
,eipts By lake Canal exports $1,000 bushels Ship
pee 20 Montreal Z, 200 bbls -four.
Flour 10 cents higher bu. market les sctve; sales
,7oo bbs. at 90 so IS IS for extra Illinois; Ss7sa
81 rs for extra Wisconsin, 81 81 81 for extra Mch-
gam Indiana and Ohio 81 rs IS Is for double extra.
Wheat In moderate de9ald: market oettor sales $4,000
ousaeis IN los at 81 10 for rejected Chicago spriue
81 IS for extra MlvaSe club 81 Is for choce red ono
y % " ior lair 70 choice white Kentucky 81 sS. for
,hosce white Canada. Corn 10 demand: market trm.
'ales 27oo bushels, slightly damaged s0c Cas- dull
y 6ac SEC for state Western and Canada Barley dun
rye selling In retail way at 81. Whskey better saes
100 bbls at 29ac Canal freights FIRM &C. on corn, ioc
IN wheat and Soc -four to New York Lake ir,ports
1000 bbs flour, 10000 bushels wheat eco bushels
'orn Cana expore-2, 400 bbls aour, 23c0o bushels
wheat u 0co bushels corn.
CIScISSAu May %, 1862
Flour-Sales TO day of GOO barrels at 81 20 ~ "a
Holders waiting for further European adyces WINS
Key, 27H Csc Mess pork, SIS SIP; higher ra.ea
we're asked at the cloec. Bacon, 9&c. loo lard held
It llAc l2c. Bulk meats: 63sc. salc. offered but
ieid higher.