The Portland daily press., 1873-08-16
NEW YORK.
A Judicial Decision.

NEW YORK, Aug. 15-John Fogerty was
sentenced at the General Sessions in 1871 to IS
months in the pententiary for felony. He es-
capped in November leaving Is months unex-
pired. Long after the period for which he was
committed had elapsed he was returned to
prison on q three month sentence for misde-
meanor: The second sentence has been served
out and the Warden holds Fogerty as an
escaped convict. Counsel submitted in the Su-
pIeme Court to-day that the Warden could not
hold man on his own allegations; that such
power would be dangerous, and that competent
courts should decide whether the prisoner was
an escaped convict. Judge Davis said that the
prisoner was before the court on proper pro-
cess and did not traverse the Warden's return.
AS to being an escaped convict the Warden
bound to hold the prisoner for the remainder of
the term and then appear against him for es>
caping-Tha writ was then dismissed
Route of the Northern Pacific.
Gen. Rosser 10 charge of the railroad sur-
vey of the Stanley Yellowstone expedition has
Pacific Railroad Company, in this city, his
official report of the results thus far accom-
plished by the expedition.
He finds the new, final route across western
Dakota, from Missouri to the Yellowstone river
entirely practicable and satisfactory, it being
greatly superior to those of former days. The
distance, 205 miles, is q miles shorter than
the survey of 1871, the gradients are moderate,
the average of work per mile is considerable
less. and the number of important bridges is
river, which former surveys crossed seven and
eleven times, is crossed once. On the line so
located, the route runs Immediately through
only one mile of the bad" or clay land,
just east of the little Missouri. With few ex-
ceptions the country is rolling prairie some
times rising into low hills, the grass being
excellent, and the soil good. Good water was
found the entire distance. Coal outcrops at
various points in veins several feet in thickness
and timber is more abundant than on former
routes.
The report states that the main body of Gen.
Stanley's expedition accompanied the scientific
corps, and most of the press correspondents did
not accompany the engineers who were escorted
by Gen. Clusters detachment, but followed the
old abandoned route of South Heart River,
hence the description of the region traversed BY
the main command does not apply to the coun-
try traversed by the new route for the rails
roads,
The directors of the company have accepted
the new line recommended by Gen. Rosser from
Bismarck, the present end of the track, to Yell
lOwstOne crossing and have called for proposals
TO grade and bridge this section of the 205 miles,
The expedition is now prosecuting the survey
westward up the left bank of the Yellowstone
to Pompey's Pillar, where it will join the sur
vey made last year from the west, and thus
complete the surveyed line across the continent
The entire command is expected to return to
Fort Rice about October LIST.
still Another.
New YORK, Aug. 15-Marvin T. Rodman.
late Secretary of Brooklyn Trust Company
disappeared from his residence in BROOKLYN
rather mysteriously on Monday last, and rumor
has it that his flight was caused by the investi.
cation into his accounts now being conducted
by experts, under orders of the present direc,
tors. 1t is reported that the bonds deposited as
collateral for his loans, are utterly worthless
and another rumor is that he is defaulter to
the city treasury He held the position of
deputy City Treasurer up to the time of the
suspension of the Brooklyn Trust Co.
Various Matters.
Imports of dry goods this week $1,000, 6ss:
estimated imports of merchandise S., 900 600;
total $6, 076, SOS; less than last week $500, 1000
Amount of dry goods marked $3,060,53O.
Arrest of "a Cou nterfeiter.
John Morehead, a notorious counterfeiter of
so cent currency, was held for trial to-day.
This city is flooded with this counterfeit
The goods damaged by fire at the Govern
ment warehouse sold at auction to-day were
mostly jute gunDy bagging and carpets bringing
good prices.
The weather has been growing warmer since
noon.
The Mysterious Murder.
New York, Aug. 15.-One of the women
arrested in Brooklyn last night, is Mrs. Weston,
wife OF the one armed man found horribly
murdered week ago near Albany, and in her
possession was found a seven barrelled revolver
emptied. One of the other women was the
wife of Emil Lowenstein, and another revolver
was found on her premises, with five barrels
empty. Another woman, unknown, was also
arrested. They were all fonnd in Weston's
| house on Palmetto street, Brooklyn, in half of
which Lowenstein and wife lived; Weston oc-
| cupying the other part. Weston, the murdered
man was one armed soldier, and sold prize
packages for living, and the day he left
Brooklyn, he drew considerable amount of
money from the bank.
| 1t is believed that Weston's wife assisted
Emil Lowenstein in numbering her husband
| that the wife OF Lowenstein witnessed the
murder and the other woman was copnizaut of
| the affair. They were all taken to Albany to-
| night
ALBANY, Aug. 15.-It being ascertained that
, the wife of Weston, the man murdered near
| here by Emil Lowenstein, German barber of
| Brooklyn did not start for st. Louis with Low
| enstein, Chief of Police Maloy has notified the
| police of the western cities of that fact Low
| enstein is "a years old, 5 feet inches high,
| weight about 140 pounds, dark hair and NOUS
tache. The Governor has offered $500 reward
for the apprehension of Lowensteln. The muir
| der was most horrible one, and it is hoped
| the utmost efforts will be made to capture him.
The Best Time Ever Known.
UTICA, Aug. 15.-Athough there were fire.
quent showers in the afternoon, the races
proceeded as the horses could not be kept here
any longer, owing to engagements at Springfield
Mass.
The first race for 221 horses, $1,000 to first;
S15OO to second; had four starters Judge
Fullerton, Camors, Lucille Gold Dust and
Sensation. The first two and last heats were
won by Fullerton, and the third by Camors.
Time, S22, 2 231, 2.23a, 2.254. In the last heat
Fullerton made half mile in 1.O4, which is the
fastest time ever known, the struggle between
him and Camors being one of the finest ever
seen. The track was heavy.
In San Francisco the conspirators of the Hip
Tong Society were acquitted of the crime of
selling women, on Chinese testimony.