Montreal herald and daily commercial gazette, 21 septembre 1865, jeudi 21 septembre 1865

[" POST OFFICE, Montreal, July 12, 1886.Arrivals and Departures of Mails at Montreal.Mails.Quebec by Steamboat.Quebec by Railroad.Worth Shore Land Route.SOrel,Three Rivers.&c.by str Canada West Day Train.[l] Canada West Night Train, [f Laprairie St.Johns, C.E., Napierville and Clarencevill.New York, Boston, Buffalo, Troy, &c.St.Hyacinthe, Melbourne and Island Pond.[3] Portland.[4] Chateauguay, Beauharnois ' and Huntingdon.Lachine.St.Remi, Hemmingford & ' Plattsbnrg.Chambly.Longueuil.Contrecœur, Yarennes and Yercheres.Laurent, St.Eustacne, St.Scholastique, &c.e .Rose, Ste.Therese, & Ste.Jrome.Rigaud, Carillon, Grenville and Way Offices to Ottawa Terrebonne, New Glasgow/.St.Johns, N.B., Halifax, & ) P.E.Island, via Portland.I every Wednesday a n d j Saturday.J Ditto fortnightly from Boston Sault Ste.Marie, &c.via \\ Toronto, every Tuesday.$ Due.7.00 a m 8 00 a m 7.00 a m 10.15\tpm 9.45 a m 9.45 a m 9.45 a m 9.45\ta m 11.00 p m 7.00 a m 1.45\tp m 1.45 p m 6.30 p m 9.15\tam 6.15\tpm 10.45 a m 11.00 a m 10.30 a m 6.30 a m 2.00\tp m 6.00\tp m 5.00\tp m 7.00\ta m Close.5.30\tp m 7.00\tp m 1.30\tp m 6.30\tp m 8.00\ta m 7.00\tp m 2.30\tp m 7.45 a m 2.30 p m 2.30 p m 8.20 a m 1.15\tp m 7.00\tp m 6.00\ta m 6.00\ta m 2.00\tp m 2.00 p m 8.20 a m 3.15\tp m 2.00\tp m 2.00\tp m 7.00\ta m 7.00\ta m 6.00\ta m 7.00\ta m 7.00\tp m 2.00\tp m 7.00\tp m 1] Conductor\t\ts Bag open\ttill 8.50 A.M.[2]\tdo\tdo\t7.55 p.m.[3]\tdo\tdo\t1.40 p.m.[4]\tdo\tdo\t8.00 P.M.Registered letters must be posted 15 minutes before the closing cf each Mail.All the above Mails are daily, except Sunday.FOE SALE.FOR SALE, EX SCHOONER, COO Tons Finest Double Screened Eng-lish COAIJS, SUPERIOR TO ANY OTHER KIND FOR FOUNDRIES AND OTHER STEAM PURPOSES.HAVILLAID K0UTÏÏ & 00.Tune\t.\t231 HEARLE\u2019S TOILET SOAPS Two Thousand Boxes Asserted.ALEX.McGIBBON July 26.\tlie The Uadersignea offers for Sale : Indigo, Button Blue, Cloves Black Pepper, Glue, Lampblack Pipes, Saltpetre, Rice, Linseed Oil Twine, French Candles, Corks Cream Tartar, Liquorice, Olive Oil in cases Pickles.Sardines, Raisins Vinegar, Brandy in cases Brandy (Otard, Dupuy ' \u20180 town, having at lea st enjoyed the trip and the fresh air.Application for A Admission to Bail.\u2014On Satur day H.A McCoy Esq., Advcoate, lodged apetition for habeas corpus in the case of Geo'rge L.McLean indicted for larceny at the last Quarter Sessions, and on whose case the jury could not agree.The petition was heard on luesday and after along argumentthe prisoner was admitted to hail himself for $600 and two sureties m $400 each.Recorder\u2019s Court.\u2014There were altogether thirty-five cases, none of them of any public interest.After the ordinary charges were disposed of the Court was engaged in bearing a charg'e of nuisance brought by Romeo H.Stephens, Esq., against Colonel John Dyne.The nuisance complained of arose from, as charged, the offensive nature of the contents of a wooden box placed, for the purpose of holding manure, the wall of Mr.Stephens house, in a lane leading from Peel to McTavish streets, be-hmd Pnnca o£ w«.ies Terrace, Sherhiooke street.G.H.Stephens, Esq., appeared for the private prosecutor, and W.H.Kerr, Esq., for the defence.The evidence of the various witnesses was substantially the same, and may be summed up shortly.On the 6th of September last Mr.Stephens, who has several tim: s before brought actions against the present defendant, and two other neighbours charged with the same offence, hut which actions have been thrown out on point of form or from want of evidence, requested the special duty policemen Cullen and his colleague to inspect the place complained of.Constable Cullen, Councillor Isaacson, A.B.Taft, Esq,, Architect, and R.H.Stephens, Esq., testified that on that day a very offensive smell proceeded from the box in question.It was chiefly filled with horse dung, but along with this were portions of the remains of fowls, their entrails, feet, heads, &c., some potatoe parings, and, generally, what is known as kitchen offal.There were in addition swarms of flies and some maggots, attracted by or bred from these refuse matters.In the opinion of the witnesses the smell was injurious to health, and was certainly very offensive to the smell.Arthur Mullholland, in the service of Colonel Dyde, was called to prove by whom the box was used and its position.He also testified that no kitchen offal had been placed there since the 6th, the day on which warning was given, and this does not appear to have been denied by the witnesses for the defence.Mr.Kerr contended that the action was improperly laid, as the lane really and truly formed part of the premises of the house occupied by Colonel Dyde in Prince of Wales Terrace, and therefore came under the 12th instead of the 7th section of the By-iaws of the incorporation, in which case there not being a cart load, which by that section was allowed to accumulate before a tenant or proprietor could be compelled to remove it he would ask that the charge he dismissed.He called Henry Jackson, Esq., agent for Mr.Hopkins, the proprietor of the houses in Prince )of Wales Terrace, who said that the extent in depth was 172 feet, including the parterre in front, the house, the yard and the lane.He knew this to be so, as he had laid out the property himself.The boxes in question were placed in that lane before Mr.Stephens had purchased the house he now fives in.They were placed there to keep the place tidy.On cross-examination, witness said he received instruction about numbers 7, 8 and 9, in one of which houses Colonel Dyde lives.Tne lane belongs to Mr.Hopkins.Don\u2019t know who he bought it from.Have been agent for the late Sir George Simpson\u2019s representatives.Think it likely Mr.Hopking bought it from them.Mr.Stephens put in the deed of the property to show that Mr.Hopkins had only a servitude over the lane in common with the occupants of that and other two terraces, numbering twenty-five houses in all.He then said that whatever the result of this trial would he, his client intended to drop the case against the other two gentlemen who had former]}- been summoned.There was no vindictive feeling, and a nominal fine would satisfy, bqt iu view of the threatened approach of cholera, Jhe believed it to be a public duty to take the course he had done.He quoted the laws on nuisances, and contended that as the lane was a public lane, open from one end to the other, and in which defendant had only right of ingress and egress, that he had no right to make it a receptacle for filth.Mr.Kerr for the defence contended that the summons was defective, inasmuch as it specified distinct charges, and attempted to make out the offence by accumulating separate acts.He then went into the merits of the question, contending that Mr.Jackson had proved the lane to be part of the property of the owner of Prince of Wales Terrace, and as such was really a part of Col.Dyde\u2019s yard.If the charge were found proven, it would be impossible for any man to keep on his premises any kitchen refuse whatever, and the city by-laws never contemplated such a hard ship as that.The good faith of the defendant, too, was apparent, as he had at once removed sll the matters complained of as offensive.The Recorder said that in another case where therewas no question of proprietorship raised, he had found that lanes such as the one in this case could not be made receptacles of filth.The objection as to form was also repelled.An action such as this, would only settle this particular case, and could not at all affect the question as to title which he understood from the evidence was about to he tried before another Court.Under all the circumstances, and as the prosecutor had asked for the smallest penalty, he would fine the defendant in $1 and costs.The Robbery from Messrs.Savage k Lyman\u2019s-\u2014Henri Beaumont, who, as we mentioned yesterday, was arrested for obtaining watches and jewellery from Messrs.Savage & Lyman\u2019s, was brought before the Police Magistrate, by whom depositions were taken, and he was fully committed for trial.Nothing of consequence came out additional to the information we have already given.Five watches had been sent for inspection, three rings, one a diamond, the others an emerald and a topaz set in diamonds, and two very handsome and valuable gold chains, of a new and beautiful pattern, each of these being worth fifty dollars.Mr.Birks and subconstable Patrick McCall, who followe and arrested the prisoner, displayed a great deal of acuteness in following up the faint traces they had obtained of his route.After having lost about four miles on their way by incorrect intelligence, they arrived at St.Remi Station by road, just as Beaumont was reaching it by track.They allowed him to enter a tavern, and while he was in the act of refreshing himself with a glass of beer, he was quietly laid hold of, and the handcuffs on him before he could make any resistance.Constable McCall was dressed as a labourer, with an old slouched hat on, looking unlike the trim, tidjf City policeman he usually appears, and hence his being allowed to get within arms length so quietly.The prisoner had dinner givenhim, as he was very much fatigued with his long walk, and he was then brought safely to town.The gift of ventriloquism claimed for him, is denied by himself and it is treated by those who had to do with the whole affair as a slight stretch af imagination, Murderous Fight.\u2014On Friday night four men who had been in company with each other at Point St.Charles, were joined by a fifth, named McKeon.They all went together to a number of drinking shops, and finally to a house, said to be of rather doubtful character.The men say they had tried to shake themselves clear of McKeon, who was becoming drunk and quarrelsome.Be this true or not, a fight took place in which McKeon got so dreadfully beaten that he lies in a precarious state.Two of the men, named Devany and Irvine, have been taken into custody, there being no charge against the other two.McKeon has as yet been unable to make any deposition, although the Police Magistrate has been twfee at the unfortunate man\u2019s bekside.St.George\u2019s Society's Concert.\u2014On Wednesday evening next, the 27th instant, a concert will be given in aid of the Charitable Fund of tne St.George\u2019s Society.The fund which is most absolutely necessary during the winter season now approaching, is getting very low, and to maintain the liberality so much required by the distressed must be replenished.Every feeling of benevolence, therefore, must he enlisted in such a cause as this, and Englishmen and the descendants of Englishmen should more especially feel it their duty to attend and promote the attendance at this Concert.An attractive programme will shortly be published.Inspection oe the 1st Prince of Wales\u2019 Regiment.\u2014This fine Regiment, under the command of Lieutenant-Colonel Devlin, paraded at the Victoria Hall on Tuesday evening at eight o\u2019clock, and marched to the Champ do Mars, where the Battalion was inspected by Colonel Macdougali, Adjutant-General of Militia.After receiving the Inspecting officer the corps marched past in open and quarter distance columns in quick and double time the whole were then put through a variety of Battalion movements, under the command of Lt.-Col.Devlin, Major C.F.Hill, and E.Evans « wheeling in column, deploying into line, form- & \u2018«Wfraaw! 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