Chicago Daily Tribune Newspaper, February 17, 1874, Page 2

2 D. A. GACE. He Appears at the Criminal Court Again, Nre Reod Wanted Thursday, March 5, Bot as the Day for Trials Mr. Sweit Claimed that This Case Should Be Treated Like Any Other. But the State’s Attorney Cor- ried His Point, The Motion to Quash the New Indiotment for Perjury Will Be Argued Monday. Tho Gago case came up agafu in tho Oriminal Court yesterdny morning, in order that a day might Lo sot for his trial undor tho indictment for fuiling to pay ovor tho mouoy. The court- room was crowdod, and the procoedings wore at- tentivoly watchod, Mr. Gngo was prosout, as wea Mr, 8wett, of his conusel, Mr, Doxtor having gono to Springfleld. Following is a full roport - of what took placo : MR, REED WANTS TO KNOW. Mr. Rood—If the Oourt plenso, It was ar- rauged, lsab Friday, that some furthor action should bo taken 1n tho casea against Mr. Gago this morning, and, as I soo Mr. Bwett is here, I would like to kuow what he proposes todo, I desiro that o plon be ontered to the indictment for failing to poy ovor, and 1 want to know what o jutends doing abous tho perjury indictment ? NOT OUILTY, Mr. Bwott—If the Court pleaso. In tho cnso which tho Btato's Attorney bas ealled up this morning, I dosire Lo entor & ploa of not guilty to the indictmont for not paying over, and & mo- tion to quash tho new perjury indlotmont, found while tho formor ono was hoid undor ndvisewent by the Court. And, in roference to tho disposi- tion of tho cascs, 1 proposs that tho motion to quash bo argued ono weok from this morning, sud that tho trinl of the indictment for not pl\f’- ing ovor bo contiuned for the prosout term, It sooms to mo TE EXTRAONDINARY ZEAL with which this case Lins beon prosecuted, and tho extraordinary hasto with which tho most im- portout- and the greatest quostions have been crowded for argument, justities the Court in re- fusing any longor to make thin cnso an excop- tion, and nuthorizes your Honor to consider it simply as- a cuse in court, aud to give Mr. Gago tho samo treatmont a poor man without property would haye. That 18 all yo sk, HCANTY TIME ALLOWED, . Botween thoe alleged defaleation of Mr. Gago and the finding of the indictmenc; neithor Mr. Doxtor nor myself wero his counsel; therefore, when tho cage was called, neither ho nor I had glven tho subject a singlo moment's considers- tion, 'The Court guvo us sbout ouo weck in which to olect the courso we would pursue, Aftor tho explration of that timo, we entered motlons to quash both indictments, nnd tho questions boing uot technical snd famfior, but, us all partios will concedo, most gravo in charuc- ter a8 well as now, the Conrt gave us sinply ono week in which to prepare our argumonts. Both of us belug engaged insctunl trinls duringnearly all tha timo, and soparated from onch othor, our Dreparations wero incomplote, and wo doter miued, after the oral discussion, to writo out and print our argumonts, hoping thus to present our viows more correctly and clearly, and a week was given by tho Court for that purpose. PUESSURE OF WORK, X During that week I was engaged In o trinl in Judgo Looth's room, and, to keep my engago- mont with Judgo Htogers, T was obliged o bo at uly work a 5 o'clock overy morning, writiug, norxccting roof, and examining the question until 10 o’clock in tho foronoon, and thon to at- tend court in a room ventilated on an nhoy, and low down to tho ground, and whoroe the cato was kept running all v.l.'g', the air being ud foul as that in the middle dock of o slava-ship, or that of tho foulost Lolo in Bridgeport. ~As soon as court adjowned { commenced my work on DMr., Gago's caso again, and continued at it until 11 or 12 o'clock. This I did every dsy during the wook, and complied with tho rulo, snd, nlthough sick i my room for nearly the following wook, I did not dio. Now I respectfully submit, I being in~ sured, that for any Conrt fo drive n man that way, {s 0 fraud upon the lifo fusurance company, nud I fnsist that, in this case, there is not renson for killing o luwyer bocause of the fact that ho is dofending Mr. Grge, I oxpect to dio with tho bLarness of my profession on, but I want to huve more than ono winter for tho work, L'ho caso of Mr, Gage, when viewed from tho considoration of such fucta a8 aro a matter of public history in this city, provouls TWO SINGULAR FEATURES, It his relutions with tho city uro closed up with ordinary prudence, the city, after gotting its own mnoy io tho last dollar, will mako out of bis labor $150,000, Iu othor words, after all is dono, lr. Guge will haye been 150,000 & better ‘Lrens- urer thun auobody elso over was. TITE INTEREST QUESTION, This atises from tho following history, which is gonerally known : Tho City Charter 1 18063 required that tho city authorities should furnish nplaco whero monoys sbould be Lkept. Tho ‘Irensurer was roquired to keep thom thero, aud pay over the funds promptly or be removod from oflica; and if ho embezzled tho funds or uned them, ho aud all the persons colluding with him wero to be sont to the Pomeutiary, In 1860 tho losning of Emonoys was autliorized by public law, but the Common Council was the porty designnted as tho authority to ditect where the monoy should be thus leaned. Mr. Gage was eleoted in 186Y, nud, asked tho Couneil to dischurge its duty in this rogard, aud to desig- nate the placo where ho should loan the money, Tho Council, a8 nppears by its rocords, said in substance : ¢ Wa will not designate whore you muy loan the monoy, bocause, if tho money is lonued by our dircolion, aud is lost, the city will loso {t; " therefore tha Lond of Mr. Gago wau, by resolution of tho Council, Increasod from €400,000, tho usual boud, to 32,600,000, 8o as to oover pll the money he might ever havs st ono time in his hands ; and he was roquired for this awount to give the ufost undoubted snroty, but was told by the Council, baviug thus given on iudemnity to do what he thought best with the monoy, that thoy -would rely upon the bond whicli they hind oxecuted for ifs roturn, He did do what bo thoaght best, In prosperous _{imos, he mnde for the city 160,000, Tho Aayor, in his aunual mcum:f;u pruised him, tho press of the city commen od i flduli%‘ and although aftor” the first two yenrs of offico he again uslted the Council to bo relensed from tho responsibility, and again axked they would direct where tho money slould be placed, they again deolined, for tho samo old ‘Teason, to givo instructlons whotover, but told him to'do what he thought bost with the funds, #nd that thoy would hold hLis bond asen ine demnity on behalf of the city, Then tume THI PIRB AND TIIE PANIO and tho loss. Of s million in_ the Troasury losned by Mr. Gago, he stccoeded in calling i balf o miliion, and paid it_into the Treasury ; £160,000 was in the suspendod cit‘y banks, aud 850,000 or therosbouts unavailable olvowhere, Now, in this stato of the onsu, it was cortainly for thd city to repudiato all thesa lous, snd sy, I want my property,” or Lo accopt them all a8 nn entiroty, 1t did nelthor, It u[)t the $150,- 000 interost it bad got. It took the ©600,000 that was collected in from tho loans, It vopudiated all tho bad debts Alr, Gugo hnd made, oven including thoso of the susponded oity bunks, and to cover the entliro amount not uid over, aftor keoping the Interost, took from Klr. Gugo ull tho proporty Lo hn in the world, which amounted, ns tho agents of tho ity sny by their appraisomont, to over $600,000 at panic prices, Now, all these fnots ure notorious in thls city ; bub notwithatauding, ns soon s tho st dollar was draiued from Mr, Gage, hio was indicted for overy imaginable phase whick hisg afTenso would ermut, and biy caso hos been tushed through with unprocodented husto, FAIL THEATMENT ASKED, I do not call attention to thoso facts, well known and publio, to ask any fayor for Mr, Gage. But I roquost that your honor will tako him and his caso und trout them as favorably as you would broat the ease and tho pordon of u poor and un- tnown man, It is sald that justico iu blind, Sho S8 not. Iu this caso the splrit of vongesnco hay saen in Mr, Gago & shining mark, and hag_been stlowed to have a day aud learing in Court. What [ ask now is simply a wack to preparo, aud I do thinwith tho stateniont thas [ oxpeot to bo wll ot that weok engagod in trials and ‘can have only nighta for: proparation. 'Thoe assoclate counsol o MI, DELTER Lins boon compelled to loayo tho olt; tho tax-onsos of tho Chicngo, Burlington & Quinoy Railrond, nnd will pot roluen until next I'riday. 'That Rullroad Company I8 o ollent of s of long standing, aud the quostion which Ling called him away, Involving sono $300,000, is of ront lmbllo intorost, snd also ono of tho most mportant now Imnu(ng in the Hinte. Tho on- gagemont was aulorior to that with Mr, Gago, nud thia conrt carlainly would not require him to abondon business alrondy commencod, and mako an oxcoption to this onse, Your Honor i foo recoutly from tho ranks of tho profesnion not to know that wo can- uot loavo off all othor ongagements and attond to this cnso alons, ~ But on tho contrary, thia caso, like any otlier, without favor, without projudico, taking " ita orrlmgry courso in courts,must make tho requirod stages which oth- of cnecs may mnko, and no more. No othor caso is, by the rules of any court, pormitted to tako such precedonce, and'it is wroug, it scoms toma‘ thnt thisshould, Tho prosont term or this Courl closes with the woek following this, ~Tf tho nr- gumont upon the motion Lo quash tho new in- dictmont 18 mado on Monday, I bave no doubt Your Honor will roquiro the balanco of tho term for the considoration of tho questions which it will presont, I thoreforo proposo tho postpono- ment of tho argument on tho motion to quash untll noxt wook, and tho trinl of tho indictmont for not paylug ovor until the noxt term, The é:mrb—flnvu you any objeotions to that, Mr. Rood 7 31, REED REPLIES, . Mr, Reed—Waoll, eir, I do not want to bo con- sldered as attempting to bo oppressivo w this enso, I wnnt tho caso disposcd of as soon s it enn bo, consiatent with tho cause of publio jus- tico and the rights of the accused. Your Honor must know that this caso is ove which must causo mo & great donl of anxioty and give mo a great dosl of care and tronble.” I am mot partic. ular about this motion to quash the new indict- ment boing heard this weelt, becauso I proposo to Lry tho othior cusio first—tho caso for failing to hay ovor mouoy, tho indictmont which Judgo Slogom sustained, 'That is the caso I propose to try first, ‘Whnt I should do with tho other case afterwards, I have nat yot decided. FINST THURSDAY 1N MARGIL Novw, as to thoso considerations which havo beon nddrosged to Your Honor, if you think thoy aro ronsonnble, I have not much™ to eny about thom, ouly this: that, if Your Honor docides to continuo this indictment uutil the next torm, I would moye to sot the first ‘I'buraday in March for the trinl. If tho case Is continued, I want tint mation to Lo entored, and would liko to havo it disposed of now. Mr, Bwett—I would nsk It it is tho rulo of this Court whou oll tho casos on the dockot nre dis- od of oxcopt a fow, and theso fow go over until the noxt term, that they aro 8ot for hear- ing ? glr. Reed—It isoften done. Every woolk onsos are set—specially continued on the” dooket and #ot—ns Your lonor kuows, Now then, it scoms to mo Lhat that is not an unroasounably requost, coupled with thoir application for & continunnco becsuso tuy hove prior ongagements, and on account of Uieir imnionse Inbor, I am glad thoy have so much to doj Lho{‘ must bo making monoy, It isnot for tho sbsonce of sy wite nosed, and it sooms to me only fair, if tho Court grants tine, thut a day should b set, and Luny tho first Thuredny in_Morch, which is the first day of criminal irinls in tho noxt torm, throe days, by o recont arrangement, being al- lowed thocity for the trinl of its casos. This would give thom two weoks from next ‘Chursday. APPLY THE SAME RULE. Mr. Bwott—I oskod the question whother it was o rulo of this Court, when a caso gaos over from oue torm {o another, that it bo set, in ordor timt I might put myself, in reforonce to Mr., Gago, oxactly alungeido of 'othior onses. We do not intend to aek any favors %rmviug out of tho pecaliarity of his caso or his situation, but wo osk what we cousidor not uurcasonable,— thnt bhe bo put alongside of a poor and insignificant man, and have the samo rights other peoplo bave. If other pooplo, as a rulo, whon their cases go over, are campeilcd to have them set for a subsoquent torm, { do not pur- poso objocting to so sotting this caso. Ir, on the contrary, “othor cases go over and fall into ling on the docket according to their numbors, ond como up in their rogular rotation, I want Mr. Gogo's coso fo go with tho rent, and whon it comes up in counection with others in its turnwo will bo here to tryit. I do uot want it token from the bottom of the list and put ac tho top. I said in my oponing ro- marks that this cage had been rushed with un- precodonted hinsto, and I insist it is true. Your Honor having récontly como upon tho Bonch, I mayellude to somo of its features. Tha caso was callod on Tuesdny— “Tho Court—1 would rather you would criticise my course than that of anybody olse, TUR PULLIC WIND, Mr. Swott—I bog Your Honor's pardon ; it is not my purposo to criticiso auybody. If my zest in the worlt hns led to tho expression of re- marks which will boar that coustruction, I am uxcondlngl{‘ obliged to your Honor for oalling o my atten to it, for such was not my intention. I meant to sy alm{;. ly’ this: 'Thot thore lms bcen, in conneation with Mr. Gago's enso, a sort of publio wind that has driven everything along, aud I wish 1t to Lo distinctly undorstood that I find no fuult with the oficors of the court, or with Mr. Reed, but simply ask tho Court to rocogniza tho fact that this wind hns driven ua along with unprecedentod hasto, Now, ordinarily, a crim- inal case in this Court, when tho Indistmont 18 pretented, comos in usually whetlior or no tho nct charged has or bas not hoen committed, r instanco : & mun js indicted for tarceny ; tho indictment _wvolves no quoation which lias not boon sottlod times aftor number asn rulo; tho not itsclf is doflued us an offonse, and hus boen known aud recognized us long na tho law ; the only qneation, therofore, is, whethor tle defend- ant inthat onsodid tho sets named. - Henco thera is on excuse to wsay, * Gontlomen, you must pload to this indictmont instantly,” ' Dut tho caso of Mr. Gago wus NEW IN EVERY FEATORE, and, whon Your Houor hears it, you will come to tho conclusion that tho balk of ‘the caso lics bo fore the plendings, and wot after. In othor words, the pleading involves new questiona and the construction of new statutes, and if thero ovor wns a caso whero tho most deliborato thought and cave should bo excreised it fa in this cnse, Buch care was oxercised as well os it could he, and I muke no complaints ; but what T uy now in startivg out anew is, that tho publie wind has had timo onough to blow ovar. LET UY COME DOWN TO WORK, and call this o Jawsuit, and treat It just like any othor Inwsuit, Thot s all we ask, And it sooms to mo it I8 not unreasonablo; and, as it fs Immy woll sottled that we cannot iry tho cavo his term, it ought to go into tho next calondar Just as other cuses go. If othor cases are sot dorwn, lot this one bo. If othot cases bo placed upon the rogular dockot, lot this ono take ita regular coursoe, 1F HE HAD DECN FOOR, Mr. Rood—If the Court please, I only want to say ono word {n answer to the charge that this cago should bo triod Just as if Mr, Gage wny & poor man, I want to answer that, it Mr, Gago hed been a poor mau, he would not Lave been able to employ the distinguishod attornoys ho has employed, and would have beon tried Inst month by o jury, and bis caso settlod, as eure as you o Tho Court—It is true that most of tho casos aro tried during the torm In which the jindict- ment is found. The term in which tho indiet- mont m this onso wos found Is alrendy past. ‘Lhiy fs the succosding torm. There is, however, this consideration, that ought to have somo woight with me aud with sny one; thatn case of this' megnitude, whero sucu care is meces- gary and such cfforts are mado, should be tried in _tho outly part of tho torm, in order that the Judge who presides might be able to go through with {t, Now I can understand how thore might bo somo diffieulty in trying it {n the Inst, wook of the torm, and how s Judgo would be unublo to go through with all the motions that might bo made in arrost of judgmont, ofe, It would bo vnri' awlkward for a Judge to try_it at the Inst of tho term, aud to bave a new Judge come on tho beneh at the sucoceding term, and hour motions in tho caso. Mr., Swott—Thiu enso will not bo tried in ten lays. The Court—Thon you shonld aceept Mr. Reed's yproposition to sot it'in the the early part of tho torm, r, ltoed—1Tho Court will yndorstand, snd tho gontlomun must, that I am not making auy objoctions to pussing it for this term, 'ho Court—I undorstand that, TWO WEEKS FIOM TUURSDAY ENOUGIL Mr, Reed—I would rather givo thom ample timo, g0 thut on the day on which the caso I8 ealled wo would b roady to try it aud disposo of it. T'wo weeks from noxt Thursday, it scoms to mo, is lony onough. The Court—I amn disposed to consider that rnRosluon i4 & correct ono—that the timo ehnil Eu xod § that is fraquontly done. Mr. Reed-~Oh ! you, oyery day. Mr, Bwott—"Thon I would profor that the Court fix tho timoe, & ‘Tho Court—As ITunderstand it, wo oan try ¢ at this torm of the court, Mr. Ttood—L can try it. . Mr, Bwott—1 undoratood you to any that we could have n ronsousble time to propare tho caso? Mr, KReod—Yes. to attond to - Mr, Bivott—1I eannot soo why thia onso should not go ovor juat like all othor ondos. nimply ask thot it go with tho bulk, and sharo the snmo fato as tho rost, and that it bo not sot spacially, I protesd agninst an ordor bolng mado in this court which {8 not ordinarily done oxcopt by agrooment, All 1 nsk is that tho caso bo allowoed to como aronmd infts rogular order, whon wo will be rosdy to meot it, DIFFENENCE OF PRAOTIOR, I'ho Court—Tho samo practica doos not pro- vall hero that oblaine in our common- Inw courts, whore cases ate tried tn tho ordar in which tho suits ara brought, Hore tho prosocuting attornoy dosignatos what casen Lu will try. I think the proposition is a vory roasonable ono, and glves you amplo timo for rapnration, Theroforo, lot the ohwse Lo kot for len on tho firat Thutsday of the noxt torm. TIE NRW INDIOTMENT, Tho Btate's Attorney thon {natruoted thoe Olork what ontrios tomako on tho rocord, and, aftor Mr. Bwott hiad annonncad that the arguments on the motlon to quash the new %jng indictmant would ocoupy all of Monday, Mr, Gage and his counsol loft the court-room. .RAILROAD NEWS. - Passenger Rates to tho East Gono Up. Completfon of the Now Unlon Depot. Hannibal & St. Jo, TABSENGER DATES UP AGATN. At o meoting of the managors of tho Pitta- burgh, Cincinnnt & 8t, Louls Railrosd, known as the Pan-Ilandle Route, and tho Chicago, In- disnapolis, Cincinnati & Baltimore through line, known na the Kankakeo Lino, hold at Cin- clonati Saturday, tho existing troublos betwoen theso tiwo lines in regard to passongor ratos woro amicably sottled, and the following wero agroed upon: From Chloago to Clucinnalf, $9; to Washington and Baltimoro, 819, and to Phila~ delphia, $20, Tho rates during tho diffieulty woro: To Cloelnnati, $7.50; to Washington and Tialtimoro, 315, and to Philadolphia, $20, Tho new rates aro ncarly fho somo as thoy woro befora the difticulty comménced, and, as usual in such arraugements, tha public are tho losors, 1t ia statod, howover, that a round-trip ticket betweon this city snd Baltimoras, good for five dnys, will soon bo issued, the prico of which will bo 816, This arrangomont does not nffect tho fight botwoen tho Baltimore & Ohlo and the Pennsylvanis Rollroad from Cincinnati Eest, ne tho Baltimore & Olio Rullroad continucs to sell tickats from that city to Baltimoro for £8, to Philadelphia for 810, and to Now York for 813, But whilo tho public aro tho losors by this nr- rangoment, tho ticket agonta in tho country are tho gaincrs thereby, thoy having beeu unabla to apll tickots furthor than Chicago, on soccount of tho choap raves to bo obtained from lLere to tho East. 'The managera of tho Xankakes Lino claim to have bean forced to this agroemont, ag thoy wero losiug monoy at- tho old rates, Lhair liue being much better equipped andmoro expon- sivo than tho Pan-Handlo Road. Thoy lave late- 1y put on thoir lino a numher of now and slegant cars, and have boen very liberal in transporting pnesongera in lorsc-cats and 'buses froo of charge. Many who havo herolofors taken tho Pan-Handlo and the Pittsburgh & Fort Wayne E;fllmufla uow profer to go via the Kankakeo no. TIE UNION DEPOT. Tho new Oontral Depot of thoe Chicngo, Bur- lington & Quincy, tho Iilinois Central, and tho Michigan Contral Rail ronds has beon com- ploted, and wns opened yesterdny. It is much enperior to tho old’ one, which was burned obout ono month ago, it hoving boen robullt with. brick, whilo tha old one was of wood. Tho waiting and dining-rooms are vory comfortablo and woll furnished, and tho tickot-oflico is a8 good ag any in the city, Aa this dopot will have to do sorvico_for thres or four vears yet, aa & new depot could not ba built in a shortor timo, it waa vory wiso of these roads to robuild {t in such a substantinl manner, Thora is not abettor dopot than this in the city, oxcopt tho Miohigan Houthurn and Rook Tuland Union Depot. But, fron this 16 must not be inforred that tho " now Ceutral Dopot s o polace. It noods but little ‘besuty to make it tho second bost, a8 all our dopots, oxcopt the ono apueln!llvl roforred to, aro mere sliods, and a disgrace to the nl:‘y. ‘Tho ronds entoring the Qentral Dopot would gladly bulld one that would bo a credit to themsolves and an ornament to the city if thoy conld only ot that part of tho lake-front for. which thoy fmvo offered tho sum of §800,000, ‘their present site belng too small to ascommodate 8o immonsoe & structure as 18 roquired by them, < THE C,, B & Q. The gencral offices of - tho Ohicago, Burlington & quucl Tuilroad, at No. 102 Miobigan avenue, tiaving becomo too small for tho transaction of its largely-incroased business, tho mnnagers of tho road have ronted tho second floor of the ad- 1olulng buflding end fitted itup for Goneral 'reight and Pnesonger Agont's officos, Tho olarks' room of tho General Frelght Agent's oflico is 86 by 40 foot, and 8 very noatly fitted up, tho floor "bolug Iald in alternate strips of mnKlu and black walnut, The privato oflico of J, Q. A. Bean, tho Genoral Freight Agent, 1810 by 21 foet, and is partitioned off from the clerks’ offica with blind ginss walls, In the rear of the main offico is o largo room 56 by 46 fcet, which is Atted up with shelves, pigeon-holes, and book-racks, and will bo usod for tho storago of books and doouments. Tho oftice of the clerk of tho Gon- orul Passengor Agont iv 21 by 23 foet, and is also vory neatly fittod up. In the roar of this is Mr., f Hitcheocl's private offico, which compares favor- n\;ly with that of any Possongor Agent in the city. ‘Ihey move into thoso officos Yauturdny aftor- noonat 4 o'clogk, and, as all the employes on the Buslington Road bcl‘oni&o temporancosacio- ties, tho boys wore troated to oranges. JANKIBAL & 8T, 70, It is the intention of the mansgers of tho Hannibal & S, Jounph Railway to oxtond fheir roud to St. Louis, 'The. contomplated line will be nlong tho rivor bank, _crossing tho Mssouri over tho bridge st St, Oharles, aud will'termi- uate at tho DMissourl Pacifle Doprt. Ac- carding to the Louis Journal, thicty milos of this rond lhave alroady boon graded, and the Compauy e ready to go on and complete tho road when it can make tho neoessary financial arrangoments, This, like all other railroad companics, has folt 1 a measura. tho prossuro of tho recant panic, &0d has found it nocoasary to suspend oporations fntil zolief is sfforded fiom some quarter or pthor. With a viow of securing this needod yoliof, a bill has bpon proparod nud prasentod o the Missouri Logislature, asking for an oxtonsion of time on o rlion of the Company's bonds hold by tho Stato, *Bhould this ralief Lo granted, the Company will fake up tho uow suapondod work and push it forward as rapidly os possiblo, comploting tho entiro livd within tho next 100 days, Bteol ratls ouly,will bo used on the road, whilo the grade from. 8%, Louis to_Haunibal will not oxuged twonty fact to the milo at eny one point. This will make tho line a flrst-olass ono, and much tho shortest to St. Louis. TAFAYETTY: 4 BLOOMINGTON LIOAD. Swectal Dispetel i The Chicago Tribune, Srrivoriewy, 11, Fob, 18,—The controvers; which lins beoy: golug on by tho Board of DE rootors elocted by tho local stock of the Lafay- eito & !llon,zuu(i on Raillrond, aud the Board alected by tito utock held by the Toledo, Wabash & Wontern Rtnilroad, whicl operatos tho former road undor a lease, culininatod to-day by an or- dor of Jndge Drummond, granting an_injunc- tion rodtralning tho local Board of Dircstors rom Intorforing with tho maungoment of the rond umndor tho loaso, and thus tho Toledo & Wa- bash pnrtfim‘n abead ; and, from the remarks mado by His Honor, are likely to romain so. e by M’ICIIIGA.NT The State Trensury<Sinte Ploncer So= clety—Grand Lodie L 0. 0. F.—State Publishers?’ Association, Bpectal Dispateh to The Chicago Tribune, LaweiNg, Mich,, Fob, 16,—~The Btato Troasury hias now over 31,000,000 in ita vaults. 'Tho Lake Bhoro & Michigan Bouthern Rallrond has paid 35,000 speciflo tax. A movement for the organization of a Blate Dloneor Bosioty Iu belng made. A convention of dologates fromi connty associations will meet i this city March 11, Tho Grand Lodge of 0dd Follows mud tho Stato Publishors’ Asscolation will be in session lere Fob. 17, —_—————— Grants Candidate for the Succession. Washington Correspondence af the Doston Globe, Cou, Grant hoving abaudonod all ideas of s third Prosidentisl torm, I loarn that tho favorito candldato of tho Adininistration Is Sonator' Uoukling, of Now York, and tho second name on tho tiokot is ‘m‘be Lorace Maynard, of “gnnos-, 800, 2 3 3 § \ THE COUNCIL. Shall That Body Regulate the Prico of Gas? Judge Norton Dirccted to Prepare a Bill to Submit to the Log islatures Horse-Power on South Clark Street. Majority Report Against Selling the Lake- Front. And a Minority One in Favor of It. Similar Disngreoment in Reforenco to tho Expositlon Building, Tho Common Councll mot last evening, Mayor Oolvin boing absont, Ald. Dixon was called to the chair. o sorved in that ‘capacity through- oub tho sosslon, aa the Mayor did not appear. TETITIONS AND ORDEDS, Ald, Btont prosented o potition for the build- ing of a bridge over the North Branch at Wob- ator avenuo, and an ordor directing tho Board of Public Warks to propare estimates for the same. Tho order was paused. An order dirooting tho paving of Market streot, from Madison stroat to Yan Buren, was passed. L4 Ald. Whito offored a resolution, roforring tho claim of Mary McCarthy for damages on acoount of injuries received by falling on a defootive eldowalk, to tho Tinanco Committoo, with in- structions to authorizo a sottloment of tho suit now pending against tho city for $10,000. It a8 80 roforred. A potition for a bridge over Taylor stroot was roferred to tho Uommittoo on' Ifarbors and Dridgos, A rogolution directing the Comptroller to pllK the policomen and firomon on or bofore tho 10 of tho month was passod. Ald. Hildroth offered a resolution directing the Diractors of tho Reliof and Aid Bocioty to make & tull roport of their doings to the Council, uu- dor Soc. G of tho act of incorporation. It was reforred to the Finance Committeo. Ald. Jonas offorod o resolution dirccting the Gomptrollor to advertisa for sale the resorvoir Iot on tho cornor of Franklin stroot and Chicago avonuo, It wns passed. Ald. Compboll offered a resolation directing tho Board of Public Works Lo roporton tha foasibility of constructing & doublo hedge ot Madison stroot, ond to submit estimates and tho amount of land-domnges, if any. It was pasacd, REGULATING THUE PRICE OF OAS. Ald. Fitzgorald submitted the following latter {rom the Corporation Counsel : Ald, Hesgerald: Dran S1n: You ask my opimion as to tho power of tha Commion Councll to regulate tho prico of gas fur- nished our eltizons by the gaa companies, In cuso tho 204 _ocompanios wero to ask any now fronchiss or priviloge, or in case new aontracts wera to ba mado with them, provialons such 84 you refor to might bo cnnctod. BBut, na on Indopendant aot, T do not think tho clty haa the power to regulato tho priva of gna fur. nished to private citlzons, unless authorlty ia givon by tho Leghilature, The decision in tho warehouss casa fo which you called my ationtion is based upon tho pawer of tho Legialaturs of tho Stato, snd not of the unicipal corporation. Ho also submitted tho following, which was adopted: Dvsalved, That the Coivoration Counsel be, and he ia heroby, respectfully requosted 1o preparo o bill for grennl.auvu 1o tho State Logislature, granting to tho ‘ouncll of tho City of Chicago ths power to preseriba thie rates for gas furnished the corporstion and private individuals thorein, STRENT IMPROVEMENTS, n ordin®we for the curbing, filling, and pav- Iuf*of Aretttp dvenne, frorm Halsted stroot to the South Branch, was pasged. Ald, White prosonted an order directing tho Board of Publio Works to opon Milwaukeo ave- nue, from Kinzio stroot to Loke, It was passad. TII BCAVENGER WORK. Tho Bpacial Committee who invostigated the manner in whioh the soavenger work is dono re- ported a rosolution directing tho Corporation Counsol to tako stops to have tho contract mot ssida, Xt waa roforred to tho Jomt Committaos on Btroets and Alloys of ths threo divisions. Wiy Nor? Tho Committeo on Judiciary reportod, with rofarence to Ald, Rildreth's resolution, that they #eo. no renson why the Corporation Counwel sliould not givo his opinion as to the power of the Common Council te examine into the books aud accouats of tho Roliof and Aid Socioty, and rocommended tho passago of tho rosolution. An opinion wag road from tho Corporation Couusok to tho effect that the Council had the unquestioned right t locato tho Small-Pox os- pltal on the Bridowell grounds. VARIOUS IEPORTS, The Committoe on Judiciary reported ad- yorsoiy to Ald. Compboll's rosolution for holding Couol lgnutlu{;s in tho afternoon. 'he roport was conourred b, 'The same Committoo roportoed to the offect that Ald,, Richardson is o resident of tho First Ward, aud hns aright to ropresont that ward in the Counell. THE EXTOSITION BUILDING, The same Committce reported recommending that pormission bo granted for tho ocoupancy of tho lake front by the Lixposition Buildiug until Muy 1, 1870, A minority of the Committee reported against tho oxtension of timo, for the ronson that tho oity may at auy time wantto sell the lake-front proporty. DBoth were laid over. CLAINS YOI DAMAGES. The Judiciary Commitico reported adversely upon the claims for psymont for dnmages sus- tained by John Williams in the pulling down of bis housio on Halstod street to etop a iiro last Boptember, minority roport ordering the payment of 81,200 from the contingent fund was nluo pro- sented. Both roports wore Iaid over, The same Committee reported adversely on tho pasdngo of & resolusion requinng the City Treasuror to keop an open list of the banks in whioh city funds are doposited. Tho yeport was goneurred in, REYENUES FROM VIOR, The samo Committee reported recommonding tho placing.oa file of Ald. Dixon’s rosolution tm roferonce to obiaining revenue. from various forms of vice by fines imposed in the DPolico Courts, for tho reason that the Committeo failed to disoover that any such systom provailed. Tho roport waa conourred {n, The Committee on Firo aud Water reported rocommonding the salo of eortain unocoupled city proporty, Lald over. RAILWAY-TRACKS ON GLARK ATREET. Tho Committoo on Btreets and Alloys, South Division, roported on the petition of property- ownors ou Bouth Olark stroet for tho romoval of iho rilway-tracks from thay streot, recommond- mfi tho pnisago of an ordinanco requiring the rallway companies to uso horse-power to movo cars ou the stroot, belioving that thoy can move tholr tracks to their own ground without dotrl- ment to thelr interosts, The ordivanco forbida the use of steam-power north of Twenty-socond ustroot after Aug, 1, 1874, provides a flue of 50 for each violation, and makos it the duty of tho Polios Department to arrest violatora of the or- dinance, Tho roport was nocompanied by an opinton from tho Uorporation Counsel to the of- foot shat the Common Couuoil hids tho right to pasd sich an ordinance, Ald, Btono presonted s mlnamfv roport, in which he urged that lhn&m\ynr of tho potition- oru shiould bo denied, sud the ordinance roportod by the majority should not be passed, for the following reasons : 3 Frat—The principal vesson presontod fu_the poti- tlou in lqunrl of ity prayer 1s, that 13 would greatl, increase tho value of nul{ ostato froutiug on Olar] sireot, The exorciso of the polive puwors of tho city 1u 0id of & real-catate lpwulndun woulll bo an sbuse of thut power, and cstablish s dangerous prucedent, It s truo) that theso roasons woro dincarded by the couunyl for the potitionurs fu the argument biforo the Committeo, It was then urged ag o uccossury oxors clus of the police power to protect persons and prop- erty paasing nlong tho strect, and was doclapud be noceesary because of tho numbor of aceldwits whiols had oconrred, and which would ocoue if atgam-power should be louger porniftied. SHsounui—1Tlie ordinauco rocommondod by the major- ity of tho Committoo prohibits the uas of Kb:um-paiver ol rallroads mmllufl north and south in tho dlatrict buunded on the north by Twelith eirest, on the sast by Michigan nvenuo, aud on the west by the west afde of Olurk streol, Thoro weratwo roads runwing through this distriot—tho Oliago, Rock Island & Pavitic, rui- ning north and soulls thirough Olork atroot, and tho Oliitago, Burlington & Quinoy, ruuning ekt and west botwoeen Fifteenth and Sixtecuth atrosis, ‘L'he records in the Corouer's oftlca show that, {n 1873, two persons wero killod upon tho lluo of the former rnlirond withe iu the clty-Umits, whilo Svo wore killod wpon the line of the latler rond § und, in the year 1873 thres porsons +1ine of the Chicago, wore Xillod upon_the line of* the foriner,~~only ono of the throe north of Twenty.second atreot,—while thare yor oloyen Xiilod upon the lino of tho Iatter, During the two yoars ending on tho Int of January llll‘nwr threo Uies e many horaes wera killed on the line ot the Chicago, Burlinglon & Quincy as on tho lock Inland & DPacifio, I cannob conenr in l‘“fl‘uvlng an ordinanco which compola tho Company which haa killed fivo psrsons to use liorao~ power, and which {a unaueationnbly framed in suoh mannor aa to leavo o application 10 {ho Qompsny which hoa In tho samo timo killed sixteon peraons, ‘Tho favored rond cronsos all tho rincipal streota run- ning north and south fu the Bouth Division, X con seo 210 renson why Clark stecot should bo favored moro than Btato strcot and Wabash and Michigan avenues, Ihird—The desiruction of lifo upon tho alrects in tho West Division, oceupled and crossed by railronds, 08 the booka of tho Coroner will aliow, Ia"fivo or alx Hmes os much ns upan Clark strcol, If'this ordinanco ia _promptod byn desira to protoot human life, it should Linvo genoral oporation and application to all roads, It should oertainly apply 1o roads which h Killed in ench year from thres to five timea as man: Jorsons ng hava- loat tholr. lives o the Obleago, Tioc aland ‘& Prcifie Raflroad, .Tho alty should hesitato beforo . compolling the "wso of horac-power by all raflronds running into the clty, Buch a mensuro would sirlko & serloua ‘blow ot ita commorco ana prospority, and one which it fa heltoved the public will 5ot acquicsca in at prosont, All roads liould ree celyo tho samo treatmont, To compel the Ohicay, 0, Rock Island & Pacifio to uso lorso-power for lim Erlllm‘ safoty of hnman life, whilo ronds which liave ind from threo {o five times aa mony casunlticn ara permitted to uso atoom, is grossly unfair and unoqual, Fourth—Tiie real purposo of this ordinance 1 to in- crearo the valuo of real eatato, nearly all of waich has been purchased sinco the ratfroad company ncquirod 1ta right, and after thu construction and opuration of tho rond, TItis an attempt to sccomplish Indirectly that whioh tho cily canaot do_directly, snd_auch legla- Tatton ia nover creditable Lo any govornmens, Both reporta wore Iald over for publication, and wero mnde tho apacial ordoer Yor Monday ovening nt half-past 8 o'clock, THE LARE-FRONT PROTERTY. Tho Committes on Wharves, snd Public Grounds, to whom waa reforred the proposition tosell tho lnke-front proporty flor depot pur- poses, reportea as follows: Your Committoo have had an fntorvisw with the va- rious railroad oiiicials, and havo beon unablo to oblain auy proposition which we duom satiafactory, or o prics which we feol watranted iy recommonding to this Qouncil. Predicating our oplnion upoa the Judgment, of soveral dealors. in rent catate, wo aro of opinion that tho property fn question i8 worth ot lenst $1,000,000; and we beliovo that wera tho Jrororty subividd and put. upon tho market 1t would réalizo oven more than this sum, Tho Com- mittce appreciate tho embarrassed conditfon of the city financen, but are of tho opinfon that it would bo unwiso and fnjudicious to recommond the anlo of tho Inko front for $800,000, unlesy a greater and more vital ;l‘l;cmlty should oxist than n apparent at tho presont o, ‘Iho roport waa algnod by Ald. Caunon, Schmitz, and B B Batloy, " Ald. Moore eaid that t'we report had not boon submitted to him for bl signnture, and ho would liko to Liavo an opportunity to prosont a minority roport, o did not cousidor that ho had boon falrly tronted by the Gommittoo. Ald. qnml}bullbnd undorstood that the railroad companios had decidul to withdraw thoir proposi- tion, and that Tom Soott had propousd to them ulJ build o union dopot in nnothor part of the city. A MINCRITY REPORT, J Ald, Jonas, of the sunmo Committao, prosented tho following minoyity report : The undersigned, of your Gommittee, dosirs to pre- gont (o thin Counclinll {hs information obtalnd undor the order dexiguatod lu the resolution, Your Commite teo, having Lid an {aterviow with sovoral of tho offl. cers and managors of the difforent raflroads, including tho Tilinols Coutral, tho Michigan Contral, and thg Burlington & Quinuy, have recelved the following olfor, to-wit : 600,000 for that part of the lakowfront situnto between Rimdolph and. Monrco strcots, and cast of Michigen avenuo to the weat | lino of ftho track of tho Ilinofs Ccutral Rall- rond, ~ Sald companiea are ready to pay for tho ‘nbove-deseritod land in full, 18 Roon aa thoy nro Dt in posscsaion of tho same, aud thoy Linve agroed to commetico the ezoction of & wilon dapot without delay, sud wbich, when completed, Wil bo an ornsment t0 o clty. In vicy of ths present financial condition of the city, ond the urgent demand of the poor for worl, yoilt Committeo are of the opinion that tha Council should tako lmmicdiato sleps 10 complots tho salo of the lake- ront, unl‘!gdl.h roports were leid over and ordered pub- hod. The Council then adjourned. LEGAL INTELLIGENCE, Creditor’s Pctition for an Orjlor of Hunkruptcy Agninst tho Milwnukee & Northern Rallvond Contpany. Bvecial Dispateh to The Chicago Tribune. MInwAukeE, Fob, 10.—Tho Brooks Locomotive Works, of Dunkirk, N, Y., yesterday potitioned, in the Milwaukoo United States District Court, for tho adjudication in bankruptey of the Mll- witukee & Northorn Rallway Company. Peti- tioner is croditor on thres unpaid overduo notes of $4,470.58, $4,496.19, snd £4,522.08, which wore given for ono of the Compavy's locomo- tives, and clalns, a8 acts of bankruptoy, tho stoppago of the Company's paper, and the loag- ing of tho line to tho Wiaconsin Central Railroad Company to hindor and delay creditors. In show- ing how the lattor becomes an act of bankruptcy, {)nmlunor uflirms, on information and beliof, st dobtor, being ineolvent and bankrupt, and in eaneumpinuun of insolvency and bankruptey, did on tho 18t dry of Decomber Inst make a con- voyaneo or lengn of all its property, consiating Pnrucuh\rl of tho right of way botivaon Milwau= keo aud Green Bay cltios, and the station of Hilbort Junclion and tho Town of Menasha, tho rond-bed, tiog, rails, station-louses, real estate, pusionger aud freight-cars, locomotives, and all other of its real and personal proporty to tho Wisconsin Contral Railrond Company, with in- tont thoreby to give o proforenco to tho holders of the flrul-moflgnin Donds of tho Milwaukes & Northorn Railway Company, the terms of svch conveyance or Jeaso belng that the Wisconsin Contral Raflrond Company wasto pay oyery month, to John Jolnson, of this clty, in t/ ust for tho holders of sald first-mortgage bands, 35 por cent of the gross earnlngs of the projperty o leayed, for tho purpose of paying the inf,erest accruing upon such bonds, and uothing, else; that there are $2,250,000 of such bonds rasued, upon which 8 {;er cont interest, or 8170,r,00 per sunnm, is payablo half-yearly; that no prrovision has beon mado for the payment of tho tlobts of this potitioner, or of any other oredil.or, such debts aggregating, 8o far as the petitiotor con at presont fonrn, about 870,000, and that such con- veyunco or lonsa was enfered into with. fntent to givo an unlawful proferonco to the first-mortgago bondhiolders, to the oxclusion of all other unse- eared croditors, Potitionor nlso roprosonta that tho dobtor, being bankrupt as aforouaid, did, on the samo day, make a selo of all its stores, wood, conl, &., to tho Wisconsin Centra'l Rallro Compnuy ; whoreforo potitioner prays that the Milwaukse & Northorn Rallway Comjany be ad- Judicated bankrupt, and for an ln} anction re- stralning tho Wisconsin Contral Rnjiroad Com. pany, its agonts, ote., paying sald 815 por cont to sald Johuson, of In ‘suy way disposing of the Milwaukeo & Northern Railiway Company's prop~ arty, and eaid Johnson from in‘any way disposing of any moneys i his hands under the above ¢on- voyanco or leaso. 'ho Court {seuod a ralo to g'how cause, roturna- ble on the 24th just., and ordored an injunction restralning the Wiscousin Contral Raflrond Com- pavy from paying any monvsys undor sald agrae- ment to any one whateoover, uutil furtlior order of tho Court. Colt vs. The /ity of Pekin. Speciat Dinpateh to The Chicaga Tribune, 8pmNorisLy, 1L, Fob, 16.—In tho case of Colt v, Lhe Qity of Pakin, In the United Slates Conrt, }udgmout way rendored fu favor of tho Iniotlif for 11,003, This caso was upon 810, In’no in bonds, iesued in 1854 by the City of Pekin for cllyrnrpoaua. ‘Lho interest on tho bonde was paid rogularly until a fow yeais ago, whon the city undertook to repudiafo iIntorest and Donds, ~Tho result is as akiove stated. g CANADA. Lntest Roturns from 1.he General Eloce tione=The New NMormibors from Mani= toba==Theo Author of Ginx’s Haby to Take Office. Speelal Dispateh to Thi Chicago Tribuns, ToronTo, Fob. 16,—Freim a tolegram rocelved from Manitoba, it would seem that sll the old wmembers have boon roturned,—at loast Sohults, Bmith, and ol of Scol.t murder notorlory, are roturned, 0 dispatch roports Cunningham electod, snd auother defented, The former two aro uvowod Ministerinliate, as woll as Ouuning- hum, Though thers is nothing deflnito regard- ing Riol's courso, it b3 belieyed he would, if per- mitted, take sides wilh the Opposition, 'Should ho attempt to visit the Capita), ho will bo ar- rested us o murdorer, und be placed upon triat charged with the doath of Thomna Boott, Cun- ninglinm's opponont Is a Midletortalist, T'ho figaros now stand—Ministry, 140 ; Opposition, 41, OTTAWA ITEMH, OtrAWA, Fob. X0.—A movement 14 o be eroat ed in this ofty by the Catholics in memory of the late Biskop Guigmos, A new Ulty-Fall ia to bo erootod at & cost of 6,000, Edward Jankine, author of “Ginx's Baby," sud momber for Dundeo, whois uow fn Cauada, hag boen nl»palmml by the Dominion Qovern- mont an tholr represontative in London, In placo of the Iate Dixan, 1o will bave, howevor, woro extondod powors, ombrcing not ouly omigration mattors, but tho brnnsiction of much othor busi- i:us t‘ul the Govorumont may roquire him toate ond o, * o ; THE CHICAGO. DAILY TRIBUNE: TUESDAY, FEBRUARY 17, 1874, . | _— e 0 h TROUARY 4 8. THE COURTS. ’ The Troubles of & Tenant. D. B. Fisk & Co. Find Fanlb with tho fystom of Assossing Personal Proporty. Injunction ‘Agatnst the Village of Joffor son«--Baukruptey Items, INJUNOTION AGAINST JEFFENSON. Elizabsth M, Gleason filed a bill In tho Su- porior Court yosterday against the Villags of Jofforson and William Myors, to obtaln nn injunction, Complalnant = statos that sho owas & picco of property in Jofforson, bounded a8 follows: Bogiuning at o point on the Elston rond in the village whors tho centro line of Elston road crossos the lino dlviding botweon Bocs. 14 and 16, 40, 13, running thonoo northwest- orly along the mlddlo of Elston road to n point whoro tho contro lino crosses the lino botweon tho northenst and southeast quartur of said seo- ton, thenco cnst on said line to a polut where {ho same crosxos the lino dividing Baos, 14 and 16, thenco south on tho Inst-montioned lluo to tho point of boginning, containing slx ncres, On tho 10th of the proseut month, William Myors, acting s Sircot Commissionor of tho villago, and undor its dirotion, procooded to out down complaiuant's foncoa and trocs, and vlowup her lnnd, claiming that thirty-throo feot off the north and cast sidos ind boen con- domued for _strools, Complainant donios that gho has had'any notice of suoh condemuation, ond aska an injunction to restrain the further prosocution of the ntruu!rapnnhq until an order of court, whicl: wag granted, ‘Tho sumo party also commonced an action in trospaes ngainst tho snmo dofondauts, Iaying damagon at $1,000, THE LATEST. D. D. Fisk & Co. yostorday filed n bill in the Circuit Court sgmmust P. M, Cloary, wherein thoy relato their oxporienos, It has bean the custom of this firm gw rato its property at its full value, in tho hope thnt tho Rsueu«m‘ would do the * shaving," and in this it has not beon disappolnted, for according tu the atory, #ho usual course hins beon for tho Assossor o rato porsonal proporty for Blale and county taxes st about onmo-third its full valuo. In RMny last the Assossor como on Lis annunl visit, and Fisk & Co: valued their stock for taxation at $117,100, on the supfinul— tion that it would b taxod on tho basis of about $09,000. ‘Thoy wore, theroforo, surprised to loarn, subsequently, that the stock lad boon rated at tho full yalue, Not only this, but, to cn‘) tho climax, 68 per cont was added’ on tha valuauon for Stato and county tnxes, making tho baeis of assossment $197,000, imstead of $89,000. But, Mluu[fil this is hard, they think thoy ocan avold by ahowmg that it is * not wniform. J. V, Forwell & Co's stock wos nsgessed for Stato and county taxos at £200,000, while for oity toxes it waa thought to bo worth $700,000. Tho por- sonal property of Ilold, Loiter & Co. for tho 8nmo yenr, 1870, was ausossed at 8355,000 for Stato and county purposes, and at el,nun‘uuu for city revenuo, Clarles P, Kellogg & Co. puid Btalo nud county taxes on a valuation of 40,000, but thoir city taxes wore carried out on a basis of $110,000,” In viewof those glaring inconsist- encies 1n regard to rate, and innsmuch ns M, Cleary is yproposing to soll tuelr stock, vory muoh out of the *usunl course of trade,” they aak au ipjunction until this mattor bo invosti- gated. The favor was grantod by Judgo Iar- woll tomporarily, on the complainants giviug a Dond for $4,000. LANDLORD AND TENANT AT WAR, Lenfn‘d, Kuh & Co, filed » bill yesterday in the Olroutt Court against Edwin Judson “and Georgo A. Hartman, to restrain Judson from ootlecting his ront of thom for an indefinite titmo to gome, Thoy stats that they rented of Judson in May, 1872, & cortain building whioh had boen previously oceupled as a dwolling,” In order to make it suitablo they agreed,under cortaln torms, to alter tho promisos, and pay €3,000 o yoar ront. Some workmen were omployed to do tho work, and aftor its completion filad o petition agoinst complaivants and Judeon, — Whon tho worls was dono complaiuants _also sublensod to Wicholman & 8mith, Judson, ‘whou the suit was commoncad, made an arrange- | ment to employ counsel himsslf and pay his sharo of tho foos and coats. Complainanta ae- sonted, and paid no moro attoution to the mat. tor until a aliort timo ago, when thoy ascertained that a dofault had been entered against them by the buildors amfiluyud. Btovens, Duvall & Co., for $1,315.16. They then rofused to poy any more rent to Judeon until ho should either puy this docreo or have it set aside. Wichalman, tho snb-losseo, isineolvent, nnd thoy are linble by the loaso for the ront. ~ doreover, to sdd to thecom- Tlication of affairs, Judson issucd a distress wor- ront, and had some of their goods eized for tho unpaid rent, which goods they have beon obliged to roplovy. Complainants therofore ask that Judson may bo restrained from muuullug or ot tompting to colloct any rent, and that Judson bo compellod to pay tho mechanics’ lien deoreo againgt thom and him, THE GHENEY CASE was bogun at last boforo Judge Willlams yea- tcrdnf. ‘T'ho morning was consumed in roading tho pleading, and only two dopositivus wero read, thoso of tho Rov. Bamuel Chaso, D. D,, and the Rov, Mr. Locko. A vory largo asmount of written tostimony will boofferad, and goine oral evidenco. ‘Tho Rev. Mr, Cheney it is oxpeotod will bo pros- out and tostify, some timo during the trial. ' The cago will takoton days or twoweels, Very littlo intorost socms to have boon awakened, and tho thorough reviow of all the polnta through the papers from timo to timo, rondoers any synopsis of it now unnocossary. Alr, Judd has filed depositions by the follow- ing {lemuun wiich will bo read in tlie course of tho trlal : Tho Rt. Rov. Honry John Whitehouso D. D, Bishop of Ilinols; tho Rev. Samuol Chnss, D, D., of Jubilee Collego; the Tiov, Charles E, Clienoy, tho Rev. Houry O, Kinuoy, Oblcago ; the Rov, O, H. W. Btocking, D, D., Ohicafo; the Rov, I L, Townsend, Peorin ; tho Roy, John H. Knowles, Ohicago ; the Rav. Olin- ton Loale, D, D,, Ohicago; Bishop Odenhoimar, of Now Jorsoy ; the Rev. Georgo F. Boymour, D. D. of ithe Genoral Thoological Hem~ inarg, New York; the Rev. Dr. John Fulton, Mobilo, Aln. ; tho Rov, Dr. John ‘H, Hopking, Jr., Plattsburgh, N, Y.; tho Iov. Dr, William Adams, of Nashotah Thoological Bomiuary, Wis- consin j tho k. Rov, William Ingrabam' Kip, Biskiop of Californin ; the Rov. Dr, Morgan Dix, Roctor of Prinity Church, Now York ; the Rov, G. W. Doan, D.D., Freoport, Iil. ; the Hon, L, B. Otis, Chioago; A, O. Calkins, J. 0, Clovo- land, aud H. J, Jonnison, the complaivants ; tho Iiou. Murray 'Hoffman, New York; and W. N. z\l}'fifdmfl, William O. D, Grannis, and R. A, B, . On tho othor sido, Mr, Faller will prosent, on tho occlesinatical questions at iasue, dopositions %y tho following suthoritios: Tho Hit. Tlov, Tauvis M, Whittle, D. D., Assistaut Dishop of Virginia: the R, Iov, Goorgs D, Cummins, D. D., Inte Asslatant Bisliop of Kontuoky; tho Rt. Tov. Thomas H, Vall, D, D., Bishop of Kansas} the Tlev. Dr. R, Qoodwin, D, D., T'rofossor of Divinity : in Philadelpia Thoological Semin- aryy the Rev, Btephen H. Tyog, D, Rootor of tha Ohurch of the Ifoly Trl ity, New_York; the Rev. Illchard New- ton, D, D, Roctor of Bt Patl's, Philadel- phis ; the Rev., William B. Nioholson, D. D., owark, N, J.; the Rev. Dr. I, N, Powers, of Bt, John's, Chlango 3 tho Rov. J. IL, McIlhinney, of Aloxandria Theologicnl S8ominary; tho IRel Thomas W, Mossman, Vicar of Tarrington, Lin- colusbire, Englaud, suther of a history of the Eurly Church; and tho Vory Rov, Arthur Pon- xyhn Stanlay, Doan of Westminaier, Depositions in relation to tho acquisition of the church proporty, eto., bave also beon takohy from Ifonry ,Bmil.h, 1L, 8. Mouros, Dr. Hurl- but, Georga W, Thompson, Georgo A, Backott, and lnverfl others, DISOUARGED, Thomas A, Hares, notoriond throngh hia con- nection with tho Mofahon divorca caso, was Lrought up on a writ of Lisboas sorpus yesterday aftormoon bofore J|Wn Tatwoll, and, atter somo argimont, discharged, Judge Willlania, in al- lowing the wril of uo excat, at tho iustance of Hares' wifo, and on which hm&s was_arrosted, had issued -1t withou¥ requiring a bond from the complalnant,—in fact had walved sny bond ou bLor part. Judge Farwoll said the atatuto was vory oloar In roquiring a bond in all casos from the complininant, and ho did not faol anthorige to disrogard it, though ho uuderstood such L boen tho practico, sud ho should, thorefore, dis- oharge the prisoner, TUK OTHER SIDE, Montlon wus mndo & fow dpys ago of & blll fllod by Josoph A, Brown agafust J, O, McCord, in whioh he s ohargod with' eundry fraudulon o‘mmtlonn. Yosterday, MoCord'a answor was fllod, in whioh ho ptutes that when Drown firsb muda tho otler tp him to soll the sail stock of Rouds of Bruco & Co,, dnlaufl?{yt declined paying sy money, but uaid ho would take it, for ha could pay l'or it in real emtave, Ho thereupon g0vo tho Canal streol lot and Johnson placa Dromtses, subjoct, howevor, to tho paye mnnt of two mu'rlgn uu,—m'nu for 37}(’}0& snd tho othor — for' 83000, Tiown thaought tho matter over for tf mo, and, nftor hnv(ng asoortaiucd the valuo of tho promincs, egroed to tho ealo on tho Lorms sg ot out in the bill. ~ McCord stntos that tio only agrood to ns. Bumo about 811,000 of indebtednoas, tut that ha Iina inco boon obligad to buy up 80,600 of claime oxtin, and that tho dobte duo the' firm nro not worth moro than 30 conts ou tho dollar, Ho aisg donlos all fraud or mikroprosontation, and doniey that tho complainant hing ovon offored to 0~ seiud tho contract, as ho alloges, A JILTED MAIDEN, Hor name 1a Ellon Qurry, snd in hor_doolara tion slie states that on tho S0th dny of Fobruary, 1873, ono Patrick Rooney promlscd Inithfnlly {a wod bor, Tor him sho, conflding in his promiiss, hos “always from thenao hll%\urlp romaiod, and atill i, unmarried, and s now roeady tq chongo hor pamo,” but the faithloss Pat Liag found somo falror one, aud left hor Lo mourn, Tho g'm;t ;x{rflcmianu u:m ;ngn&u'lmglu be com- promise o payment of @ aud for ihla sio lng bronghp sut, . O g JUDGI JAMESON wilt tako up the caso of the ofnnlng of Van Do ron utroot, from Ioyno to Loavitt. '‘The jury wae impanoled yostorday aftornoon. UNITED BTATER COUNTS, Tobort E. Jonkins, axs Assipneo of tho estate of Botsoy Boilviu and Willism_Bimpson, com. moucod suit for $2,600 againat Houry Fuller. Lovi M, Datos, Tracoy I, Roborts, Amos C. Groenleaf, Jomos' 1f, Babler, Oscar G, Ditmars Both J. Arnold, and Robort 'M, Roberts Droughy sult againat 0. D, Austin, claiming $2,000. JIANKIIUPTCY ITEMB. Tho ordor of diamissal in the caso of Guatay Mendelson way mado abeoluto, . In the caso.of J, Lynch, an order for examina. tion was entored. Brown & Loomis wero adjudged bankrupt h{ confassion, and a warrant isstied roturnabla March 16. Dradford Ilancook was appointed” Provisional Ansignoe, Bradford Hancook wag nppolnted Provisionnl Assignoo of A. Bausch, In tho mattor of Shanalian & West, a first mecting - of croditors was held yostarday, at which R, E. Jonkins was appoiutod Ausignoo, - _BUPERIOR GOURT IX DIIEF, Lucius B, Otis filed n bill againat Josenh E, Otis ot al, to forecloso a truat-doed for $1,000 on :l!llln( N. 1¢of Lot 12, Block 9, of Donison's Ad- on., » i Samuol W. Boss & Joshua K. Clunk began a suit in attachmont ngainst John Urbahus, John N, Bltinoer, and Ituol Harr for @IJH'IMG. Lyman M. Bhorey commeneod au’action for $8, UDD"ngainut —"Wickersham aud Walter N. port. b Cotton W, Boan bogan asuit for $1,000 against Russell Bonedict. Baxtor & Redfiold bro!vzht & sult in attach- xenlqgta an‘gnlnst Jacob Wentheimer, olaiming Tiobort Kircliner began & suit in assumpsit, against Tho Protoction Lifo Insurance Com- pauy for $4,000, CINOUIT COURT. ' ‘Thomas 0'Counor commenced an_sotion for 21,600 nganst J. Donnon and J. D, Campbell: Eharlos ‘Wogan sted John MeAssey sud Jamer McDonald for £1,000. COUNTY GOURT. Lounis Jaegor was appointed administrator of the estato of Susauna Kommler, uuder an ap- proved bond of 38,000, Ife wos aloo appointed gunrdian of Josoph Zapp ot. al,, minors, uuder an approved bond of $12,000, THE LAKE TRAGEDY. The Children Probably Suffocatod by Coal-Gas. Exnmination of the Third Child~«-Tho Doctor Asks for Horo Tinige=s Tho Jury Adjourn 'Flil To-Morrow. The inquest into tho causo of death of the throe Thompson childron in the Town of Lake way hold yostordny at moon. Deputy Goronor Pilgrim obtaived s jury in o short time in the vicinity of the Town Hall, Judge G, I, Willinms was chosen foroman, tha other jurors boing Lewis Erriccuou, Lovi Monte gomory, Goorgo Farnsworth, F. T, Croxon, Villiam _Gibbons, Patrlok Tiorney. Michael Malloy, Patrick d. Meyuade, W. . Tuokor Heunry Pilgrim, and Alexander Graham, - TUE THIRD OHILD, Tho County Physician, Dr. Honrotin, wat Eresnnb, and tho jury '!mvlug viowed the odies of tho ohildron at tho house of Mr, "Thompson, returned to the Town Iall, aud ade zoumml uuntil 1:80 o'slook, to give Dy, Hourotin {mo to romovo tho futostines of tho third child, On assombling again, Dr. Llenrotin \was sworn, ond stated that lio hind just remoyed tho intous tines of the obild which died Sunday, and found tho appenranco of tho stomach, ote., the same a8 that of tho othery, oxospt that the blood was o littlo lightor colarod. T'his, howover, if the theor whichhe had formed rogarding thecause of dnu{g was correcl, would bo acconuted for by the length of timo which the last child Jived aftor tho othors. He bad not so far found auy signa of poisonTng, but had formed n thoory which would account sntisfactorily for tha donths, unloss his furthor investigation should dovelop somothing not yot suspocted. In order to be assurad of the facts, howevor, he desired more timo to exam- ine the intestines very carefully, and in a day vr two le would bo proparod to give the causo o doath, or oluo to make & chiomical analysis of. the contonts of tho stomach, should that bo neos caury. The lnfinont was, thorofore, mit o fuller oxamination, until’ 11 o'o! morrow morning. DIED FROM COAL-GAS. Trom Dr..Honrotin’s romarks it is generlly undorstood that the canse of death was aspbyxia by coal-gus from tho stove. It scoms that the woman Behrens musk hnavo lost o day, for sha statos that sho ironed clothoa Friday, and that the children wors woll thot duy. Ou the con- trary, a neighbor etates thnt If was Thursduy whou the irouing was doue. It is probabla that the woman put o quantily of hard coal into tho silting-room stove, closed tho damper in tho stovopipe, eud left one: of the covers off to put on o tin-pan containing water. This prn not it tho Lioly, and the ga8 was thuy enabled to esonpo. The fumes undoubtedi; r.u'uln}mfiud tho nnree thut sho los ol rocollection of time, and thus misyud one day. “I'ho childreu, not boing so atrong ns the grown nurse, wers moro soriously affectod. The moth- or and infunt wero in a small adjoining bed- room, aud the child, being covored with the bed-clothes, did not matorially suffor. During "Phursday night, thorefors, the mise chief was done; ou Friduy, the fire having gone out, thu gas escaped through tho windows and cracks, thio houso belug not moro tightly built than most small framo cottages, and fresh air camo in sufiicient to proserve the life of the two women aud tho infant, and of the littlo boy for a time, ‘The bagk dampor was found tightly shut, and tho pan {n the open Lole of the stove was empty, showing thut thore must have boon enough fire to evaporate tho water before going out, Tho appoacauce of the onildren also dos notes death from asphyxin, THE NURSE, Mrs. Thompson is now in a fair way to recov- ry a4 aleo i tho nurso, although the physician ntlundlng tho Iattor sont the following note to tho Coroner : Coponen Breensns: I was called to seo Mre, Behrous this morniug: found hor quiteill, If it poraible fo take her evidence at the houss I would Enggeat that it be done, ss tho oxcrtion of golug o Forty-tuird street, in my opinion, ould uck dotrie nonial to hor bealfls, I avo known herabout a year, aud T regard her s an boncst, inofensivo woman, Bhe aermn to be laboring undor wome blood polvon aud soows meutally dull, “Her husbsud states thal she in enceinte, Bliois in no danger, howeyer, and will proba- bly give her toatimony at tho inquost to-morrow, MG, THOMFBON s not yot beon informod of the death of her chuldren, lest it uhould be too much for her, ITor und is o lttle wandering ot tines, aud a sudden sliook might prove faisl, The funoral of the childron took place yns[urday aftornoon, and, whanover uhie.has asked for thom, shie hay boon told that thoy have beon nont {0 stay at the houso of her hushaud's brother, Homo injustico waa done to r, Thompson's house and ‘neighborhood in Tug Tmuune of Bunday. Thoe formor is & small but neat whita cottage, standing some distance back from the strect, in a large lot nicoly fenced in, while tho nuighfanrhnod 18 ono of the most ruspeotable and pleusant In that part of the oity. adjourned, to per- 3 fook to- — "The Washington TLife, In anothsr colunin will bo found tho Fourteonth Aunual Blrtemcut of thé Washinglon Life-Insuratics Gompany of New York, 'Thia roport fa ' cluar, cou- eluo alatornont of & well-managad, honorable, aud suc- coseful company, It shows s healibful gain in awncts) now roaching nenrly $4,000,000, with 300,000 well Juvested seuurities in uxcos of ‘sl Habiliits, Buch chimyanica o tho Washington ate worlhy of s coutldizuce ruposed L them, -