The New York Herald Newspaper, April 25, 1867, Page 3

THE COURTS. SUPERIOR COURT—SPECIAL TERM. Motion for Alimony. Before Judge Barbour. John Hasseti vs. Margaret Hatsctt,—A motion for alle mony was yesterday made by the respondent in this case, which is a suit at present pending and brought by the plaintiff against he respoudent for divorce, on the ground of alleged uduliery with various parties. The plaintiff is @ clerk in the Post Office, and resides in Fourth avenue, near Forty-fifth street, His counse! Mr. Reavy, oj the motion on the ground that ry evidence the respondent: was so strong that it parc | oy, seg the a Les ahmony in the for two weoks to the REPL GIR’ tos cous be heard within that fer counsel fea, Period, and also $50 to be given her ‘SUPERIOR COURT—PART |, Action te Recover Damages for a Railroad Accident—Damages Laid at $20,000. Before Judge Jones. Charles Endres; an thfant, by’ Magdalena Endres, his guardian, vs. Charles T. Platt.—On the 5th of October, 1864, the plaintiff, a boy about twelve years old; was ‘crossing Hudson street, at its junction with Canal street, when a freight car of the Hudson River Railroad Com- pany, drawn by horses, on its way down to the Cham- bers street depot from the terminus in Thirtieth street, van over him, causing him such injuries as to perma- ment!) ° scree ares chores aes, tes from the Railroad Company, bat * was non-suited, on the ground they havin; made a contract with Platt to draw their cars with horses he was crossing Hudson street at ite junction with Canal street. There was a man walking by his side who, when they were crossing the railroad track , suddenly jumped forward, and at the samo instant the horses and the railroad car were upon him. The man who was walking at his side prevented him from seeing ‘the approach of the car, as he was between him and it; and it was only when the man jumped away that he saw and then had not time to get out of the way. ‘The cage is still on, GARINE COURT. Action bya Lawyer to Recover Compensation for Professional Servic Before Judge Gross, Hilla vs The Bennchoff Petroleum Company.—This was am action by the plaintiff, who is an attorney and coun- sellor at law, to recover compensation for professional services rendered to the defendants. The case was tried ‘without a jury, the defendants setting up in their answer to the complaint that thoy were not liabie to the demand inesmuch as they had never, as they all |, passed any formal resolution of their Board appointing the plaintiit’ to act for them in any professional capacity. The Judge ‘took the papors and reserved his decision, Photographers and Phetographs. Before Judge Hearn. ‘Tosti vs. Barnes.—This was an action by a photo- gtapher to recover a balance of wages, The allegation Of the plaintiff was that ne was to receive $15 per week, ‘and that he recoived certain moneys, leaving a balance ef $300. The money received on account, as the plain- ‘tiff stated, was paid to him in small sums of $3, $4, and $5, and at the end ot the year the defendant drew up a Feceipt, which he explainod to be a receipt for so much Money on account. The plaintiff, being an Italian, un- acquainted with the English language, and relying on the statement thus made, signed the reccipt. He subsequently ascertained that the receipt was @receiptin fuil.” The dofence was that there was no agreement as to wages; that plauntiff’s pay was to de- pend upon the protits of the establishment; that he was Bot a competent photozrapler, and that on that account the defendant, who bad employed the plaintiff for taking Hikenesses of thieves in the police gallery, had lost that business. In the course of the case, certain photographs, Bot of the most delicate character, were produced to show that the skill of the plaintiff in his calling was equal to that of any other. The case was adjourned to to-day tor further evidence, COURT OF GENERAL SESSIONS. ‘The Lord Bond Robbery. Before Recorder Hackett. At the opening of the court yesterday District Attor- ‘Bey Hall stated that ne had prepared for the trial of ‘Wm. R. Babcock, who was then arraigned at the bar, @harged with receiving s large portion of the bonds stolen from Rufus L. Lord, knowing them to have been stolen. The witnesses in the case had been given to understand some months since that the trial was post- poned until Lieutenant Governor Woodford’s public duties would permit him to try the case, he being one of ‘the counse) for the accused. He (Mr. Hall) had been in- formed that the gentleman who gavé him that informa- tion was not authorized to make that statement; but he desired to assure the counsel and the witnesses that this case must bo tried at the earliest practicable moment. Counsel made an application for a commission to take the testimony of witnesses in Providence, R. I, and in Florida, and agreed to arrange with the District Attor- ey for the trial of the indictment as soon as the evi- dence can be procured. ‘The Grand Jury brought in a bateh of eo pgm upon oa the prisoners were arraigned and plead mut guilty. "James ititebell pleaded guilty to burglary in the third by he having, on the 24th of March, entered the of Harvey Potty, No. 71 Cortlandt street, aod stolen $20 in money. He was sent to the State Prison for four years, ‘Thomas Clark, indicted for forgery in the third de- pleaded guilty to forging an order fora single ess and presenting it to the salesman of Wood Gibson. John Kiernan, who was charged with forging an order for half adozen of be yore ow ong to have been signed by the artist of the way theatre, pleaded guilty to forgery in the fourth degree, Henry Johnson, nye with burglariously entering the lager beer saloon of Matthew Winter, No. 153 ave- ue A, on the night of the 2d inst., and stealing about in currency, pleaded guilty to burglary in the third were remanded for sentence. severely punished. He hi the commutation of the ‘vinoed that Kick was not a meni Dumerous applications for nishment, and being con- man, he suspended Judg- COURT CALENDAR THIS DAY, Serpene Corns Fart 1—Nos, 961, 245, 247, 1171, 209, 1, 118%, 1216, 441, 561, 1267, 1025,” 403, = se a Pah 2—Now. 132, 1654, 1386, 1052, ort SP. 130, 1590, 3016, 66, 1202, 1702, journed ‘term, 954. for the term, “**i—Unchangea. Part 2—Ad- PROBABLY FATAc Rew Among Farniture Deaith!: : Called. (On Monday last a dimculty iW itt zee 8 Te ea Tip crit Ss add F Fj . 5 itej 733 Fzgs 'z “— i i ‘ Fr E i i : FIRE AT PETROLEUM CENTRE. ‘The Union Hotel, Theatre and Neatly All the Basiness Portion of the Towa Destro ig Prtroteum Cexrae, April . Almost the entire pastnces portion ‘aa ee wae dontroyed by fire jast evening. The fire the Union and is supposed to bave been the work Sus her peda nae Bae hm Ae { 5 which is thickly cov ered wih ol tanks. The fireis now po sa laying waete a large tract of land. Many oe. ie arresed on suapicion of having ret CiaveLaxn , April 24, 1867 ihe tte at Petroleum Contre inst nigt Poeatroyed the ‘Bion Hotel, tne theatre, Kompinuk, and Sch *artz’s dry goods store, The lose is estimaiod at $75,000 The supposed ncendiaries have beou arrested. t, aud that the case be | NEW. YORK HERALD, THURSDAY, APRIL 25, 1867.—TRIPLE SHEET. MUNICIPAL AFFAIRS. Special Meeting—Apprepriate Action on the Death of Ex-Alderman Ryers—Repealing the Ordinances in Relation te Licenses. The Board of Aldermen had a special wneeting at half- past seven o’clock last evening, the President, Joseph , Shannon, Eaq., in the chair, Alderman Loew offered the following: Whereas, The State Legislature, by a clause in the count tax levy, inserted at the ‘lone a7 ihe anion, ite grt and without any not ever, provided that here- after the Board of Metropelitan Police @ wersand perform all the duties now conferred or and Common Council ze lice Ci and acknowledging no res} Council, now, theretore, with view of asserting and Gefending. he Tights of the authorities and of protecting the people from an unjust samanncn of powees be-partionn, commissioners; with view, ulso, of defeating, if possible, the operation of clause in the Tax Levy above referred to, and with tt avowed purpose of enacting such new ordi rove be just and proper, be it ‘douaived, That all ordinances. heretofore adopted by Common Council relating to theatres and places of Sausement, Keepers of boarding houses for emigrant, pes- sengers, junk al eepers: jan! men, pawnbro- Kora, veciders, hawkers and peddlcts, dealers In second bad articles, keepers of intelligence offices, auctioneers, hackuey coaches and and their owners and drivers, carts and cartmen, cabs and cabmen, public porters, omnibuses = their repr tede oy —_ their anc Ket oe _ ject 80 transferred to said Board of Metropolitan Police, ‘and the same are hereby annulled and repealed. Which was adopted and sent w the Board of Council- men for concurrence. Alderman Exv offered a ble and resolutions rela- Lewis R. Ryers, which tive ¢0 the death of ex-Al were adopted, ordered to be engrossed and transmitted \ the family of the deceased. The then adjourned. BOARD OF COUNCILMEN. The Board met by special call st half-past seven o’clock last evening, President Brinkman in ‘be chair. The Board concurred in the preamble and resolutions adopted by the aldermen taking appropriate not:ce of the death of ex-Alderman Lewis R. Rvers, and «o> in the preamble and resolutions offered by Alderman Loew in relation to repealing the several ordinances applying to licensing theatres and other places of amusement, &c. Mr, Grumons said the resolutions stated that the Board of Police was a partisan commission, and it had been asserted that it was a republican machine, This he de- nied, and said that there were more democrats on the police than republicans. Mr. Hayry Murray said the Board of Police was a partisan body. Upon the vote being taken for concurrence with the Aldermen, Messrs. Stephen Roberts, Gilmore and Thos, ing J voted in the negative, These gentlemen were the only republicans who voted against the corcurrence ‘The Board then adjourned. CITY INTELLIGENCE. Avcriow Sa1z ov Coat.—The regular monthly sale of scrauton coal took place yesterday, when 80,000 tons were uisposed of at very fair prices. The lump and Steamer cual were in especial demand and were rapidly sold in large lote, one manufacturing company buying 11,000 tons of lump. Grate and other descriptions were not in very great demand and were knocked off some- what slowly. The following are the prices obtained yes- terday, with those of the previous month’s sale:— March. Aprit. 12,000 tons Jump... $4 123, 8 $4 30 $4.35 a $4 3735 500 a 620 510 a 515 + 506 a 525 505 a 520 2 47 a 487 475 a 505 20,000 tonsstove... 500 a 52 500 a 520 10,000 tons chesnut. 405 a 412% 412% 420 82,000. ‘Tas Late Save ov Corvoratioy Reat Estate —The Collector of the city revenue has received $606,200 from purchasers of real estate lately sold by the Corporation. Fatat RaitRoap AccipENt.—On the 28th ult. Lewis A. Betts, a iad sixteen years of age, whose parents reside at No. 123 Norfolk street, while riding ap town on car No, 100 of the Third avenue line, jumped from the front piatform, and coming in violent comtact with a passing vehicle was fatally snyared. He was removed to Belle- vue Hospital, where death ensued yesterday. Coroner Schirmer held an inquest on the body and a verdict of accidental was returned, BoRGLARY ix THE Fiera Warp.—At a late hour last Tuesday night the store of Messrs, Guiterman Brothers, importers, No. 63 Leonard street, was entered by burg- lars, who succeeded in making away with a quantity of shawis valued at $900. They also found an entrance into the upper part of the building occupied by Mesers, Smith & Beare, where they blew open the safe. For- tuately for the firm there were but $100 in bills in tho sato at the time, but the thieves were not so disgusted a8 to jeave this small amount behind. Where the police were during the time the burglars were in the building, doing pretty much as they pleased, has not as yet been ascertained, Drati rrow Svrrocation.—Coroner Schirmer yesterday held an inquest at No. 277 First avenue on the body of an in’ant thirty-five days old, named Mark Keenan, who on Tuesday night Was suffocated by being overlaid by his mother, Ano Keenan. A verdict of accidental death was rendered by the jury. > Ron Away Accivent.—George Alienbergher, a German laborer, residing at No, 320 Ninth street, was severely mjured about the head by being ran over yest erday by a pair of ranaway horses belonging to the East Broadway line of cars. He was soon afterwards taken by one of the Eleventh precinct police (> Bellevue Hospital. Fire ix Doren Srexer.—At half-past one o'clock this morning # fire vccarred on the third floor of No. 13 Dutch street, occupied by Mr. Borrowman, a locksmith, recently moved in, caused by a furnace. The Insurance Patrol extinguishea the fire with a patent fre extin, guisher without water. But trifling damage done by the ure. ‘ELOPEMENT AND ROBBERY. A raze of the most heartless nature was yesterday brought before Justice Ledwith, at the Jefferson Market Police Court. Thodeardo C. Fargana, an intelligent look- ing man, represented as belonging to one of the first families of Poland, and residing at 231 East Twenty- fourth street, preferred charges against Ignatz Stecki, who ig also @ Pole, for having stolen from bim a quantity of gold coin, jewelry, clothing and other articles valued at about $600. According to the facts of the case it is arcertained that the complainant, who is an architect ‘by profession, was acquainted with the defendant, and out of compassion, took defendant into his house, and treated him asa member of his family. Fvotove ths Court ans brought before the morn guilt; Tes atleged he has been the tbl a ber of arson cases, ronning over several As he ‘was boing takon fr m the privom to the cous fo escape, but "was recaptured, THE GARDINER WILL CASE. The Validity of a Will Granting the Income ef $180,000 of Real Estate te the Widew ef the Late President John Tyler—Argu- Guments, Testimony, &c. At the Supreme Court, im Richmond county, Staten Island, yesterday morning, before Hon. John A. Lott, Presiding Judge, and Associate Justices H, B. Metcalf, Thos. Elliott and Blake Hillier, the Gardiner will case— David L. Gardiner and another vs. Julia G. Tyler et al, — was commenced before the jury empannelied for the trial, The will, the validity of which is at issue, yields property in the county valued at $190,000 to the charge of Julia @, Tyler, widow of President John Tyler, late of Virginia, in view of the losses she sustained there during the war, she being a daughter of the tate Juliana Gar- diner, testatrix, The following are the facts asso far elicited :— ‘The main question at issue is as to the validity of the will of Mrs, Gardiner, thi er of David L, Gardner, and of Mra, Tyler, it alleged ‘by Gardner that the will was procured from Mrs. Gardner by undue influence exercised by Mra, Tyler, According to the will the bulk of the property is given to Mre, Gardner and Mra, Tyler, but the use of it is given to Mr, Tyler during her life, subject, however, to that use being discontinued in case she is indemnified to the extent of injury done to her own property in Virginia. ‘The case was opened in favor of the will by Judge Pierrepont, who claimed that the will was made by Mrs. Gardiner on the 4th of October, 1864; that soon after the making of the will she died; that she had been suffering at the time with hernia and bronchitis; that by the will she left to her son David, her daughter, Mrs, Tyler, and to her grandson, Harry Beekman, tho estate, they being the only heirs at law. That she left the income of the estate to Mrs. Tyler, as she stated, in cor ence of her having lost her pro- perty by the war in-Virginia, After her-death it was to go equally to her son David andto her daughter. That her son bad married Davia R. Thompson’s daughter and was living on a farm, and was not in need; that the treatment of this brother David to his sister after her misfortunes were such as to finally make the mother direct him to leave the house to seek a place elsewhere; that the house situated at Castleton was crowded, aud that it’ was impossible for them all to be accommodated, as Mra, Tyler was there with seven children, and the house was small; that the conduct of David Gardiner towards Mra, Tyler's children after they came there was that of excessive harshness; and that the mother believed that if his sister Juiia was left to his care in any way he would not provide for her, seeming to manifest hostility toward her children and herself after her return in her misfortunes from the South. That the will was made when she was in her full faculties, clear perception, was duly attested, and that it is valid, That atthe Supreme Court four judges affirmed it, the Surrogate having refused to admit it. That in the Court of Appeals Judge Peckham gave a decision in favor of it, and Judge Porter gave a deci- rity of the court decided sion inst it, and @ mi with Judge Peckham, which has caused the necessity of this trial before a jury on issues of tact. The main issue ig the question of undue influence. Defendants maintain that there is not sufficient proof that the will was executed in a manner required by law; that it was procured through undue influence exerciced by Mrs, Tyler over her mother; that her mother was in a very,feebie and emaciated state, and easily subjected to control; that the will on its face snows the contriv- avcsof Mra Tyler, and the arrangements to vest in her- self the greater part of the property, to the exclusion of her brother, David, and also of Henry kman, an infant son of her sister, who is not represented on this trial by counsel, and over whom, through the will made by i for her mother, she has exercised absolute con- trol TESTIMOXY OF DR. JAMES CLARKE, Dr. James Clarke, called as a witness for the will, being sworn sai: Iam a physician in Castleton; have practised there twelve years; was acquainted with Julia Gardioer; she died tuesday, October 4, 1864; I had known ber fifteen years; during that time I saw her occasionally; that 1s my signature, and that is Mrs. Gardiner’s and Mr. Dayto1 ignuatures on the will; Mr. Dayton, Mr. Lott C. Clarke and myself were present when that will was signed ; I witnessed it by request of Mrs. Gardiner; the attestation clause was read in pre- sence of the witnesses; I saw Mr. Dayton sien that will; at this time Mrs. Garfiner’s mind was perfectly clear; she was suffering from bronchitis, which is an in- flammation of the lining membrane of the bron- tubes, accompavied with a cough; in all recoverable cases the mind is not affected; ‘when undue circulation of blood is induced an the brain the mind is affected; nothing of that kind affected Mrs, Gardiner; she was also aiflicied with hernia; this is only an ordinary rupture; I saw her first ‘1m her Jast illness on y, the 2d of October, and found her very weak; I saw her next on Monday, when she was rather betser; ber mind on doth occasions was entirely cleat; I gave ber no medicines; I saw ber the third time on Tue ;, 1 was not sent for; I remained there at the tame the will was made; it was read over in my presence; I was asked by Mr. Clark if Mra. Gardiner was competent to make a will, and I said yes, and the will was then read to me; on iny last visit Mra, Gardiner was very weak, but I did not expect her to die so soo! she, died between tive and six o'clock on the day sl executed the will, which was on Wednesday, the 4th; there is always coughing in bronchitis, and vomiting *eGyeceenaininaton Mim Isaw hor the day on Sunday, and then, I think, m the fall of 1863; I think it was bel her retura from Catskill; I knew she had hernia then; I her; before that I occasionally attended her; she seemed disposed to keep the fect of her having hernia concealed; the concealment of this does not affect the mind; rupture, unless strango- lated, docs not enteeble the ‘system, that is where the aperture 18 constricted; when I ascertained that she was ip that strangalated condition I relieved her; on Sunday, the 2d of October, her coachman came for me; I saw her in the evening; she was in bed; she was emaciated and worn; her voice was about natural, but she coughed a great deal, and most of her answers were io monosyiiaiea; 1 asked her about her physical heaith ; on Monday I visited her, and she felt desirous to know what I prescribed for her, and I hesitated, aud then told her it was soda, ipecacuanba and belladonna, and when Isaid belladonna she remarked, “1 know now why you didn’t want to teil me;”’ on Tuesday I found her with a rapid pulse, and almost continual vomiting, and be- lieved her to be in her last uliness; I do not recollect any conversation at that time between the mother and daughter; I do not know who called io Mr. Dayton; I had but'little talk with her on relixious matters; she has spoken to me on spiritualism, and expre=sed an approval of that idea; Mr. Clarke came in the room aad asked mo if I thought Mre. Gardiner was im a condition to execute the will, and I said “Yes,” and he said he would read the will; the will was then read, Mrs, Gardiner assenting as part was read and it was signed; she assented by saying yes; I cannot say that she said anything else than yes or nodded ip answer to the several portions of the will; in signing the will it was put on a book by Mr. Clarke, and Mrs. Gardiner rested on ber left elbow and signed’ ths will in a good hand; Left there at two o'clock, and returned between five and wix o'clock, after she was deceased; I have seen Henry Beekman’ there at the house frequently: {do not know his age; David Gardiner was not sent for at his mother’s iliness, Re-direct—When I was sent for the will was not men- tioned; I always considered Mrs. Gardner of good mind: am educated person; I bad conversations with her ritualiem two or three y: beforo her death; it did not at the time make tee one on my mind; she said, I think, that sp! ‘was su! the Bible; I did not consider her out of Yer mind. Re-cross-examination—I think Mrs. Bs ge? was the first ‘to me about the will; a} ita alte Hie magdze fa: fis rife eRe & i ts 3 i ‘would, and waited was sent for; 1 for Lott ©. Clarke and Dr. ; I was sont Tyler; I told lawyer Clarke w come bring the papers; I did not go 3 I went towards ‘the gate to go, but did not go because Mr. Clarke was coming; Mra. Gardiner was attempted to be assisted by Mra, Tyler in signing the will, bat Mrs. Gardiner mgued wwatent reel Gat mentioned that Mr. TL isang ae. will f saw Mra Gardiner out of ner this talk about Spiritual'em occurred ‘York, two years before her death er; it 44d not make mach was in regard to Cora Hatch's account for them; I did not her mind; Mra, Tyler stood at the foot of th @tiended her band assist her mother in signing the will; she got ; Mrs. Gardiner ag the paper on & book to get ready for writing; Tyler got her the them to Mrs, Gardiner, and she ; Mr. Prait was the clergyman of os faba aihandet thet charsh; she WEL SnRamarE, while I was there; a message was brought up that Mar. Pratt was there, and Mrs, Tyler asked if she wanted to see him and she said no; the lawyer and paseaen both of the same name; Ido not know they Re-cross examined—The colored girl brought the mes- gage from Mr, Pratt; | did not notice her in the room; Thave a distinct recollection that she was there; the Songs the message up took it back; I at The counsel for Mrs. Tyler here rested their case 0 far as relates to the proof of the execution of the will. for contestants of the will was opened by James T. Brady, Esq., in which the same facts as | z t above were enlarged upon. The nusband of Mrs, Gardi- sencnaeaeien, see eillad 00. board the Princeton on bruary 28, 1844, by the bursting of a large gun, and his mennemeneniines ma follinio sae, pemaanian a Sieeite, At the the will was submitted to Judge Mewalf (or te counsel remarked that the testimony of David Gardiner tended against the validity of the Conn to prove the undue influence exercised by Mrs. Tyler over her mother, Mre Tyler did not deign to take the Nrlinoes steeped peyrenet sich eenniene he called the attention of the jury to the fact that David IL. Gardiner had lived with his mother from 1851, acting as an ad- viser, agéut and manager of her property up to the time that his sister, Mrs. Tyler, made her appearance as & refageofrom'tre Sour. if ox.Precident tyler had 80 won upon the affections of bis wife as to enliat all her sympathies in favor of the rebellion and against the ere. which her brother was defending at the forth, it was no reason when she was compelled to take refuge at the North that she should attempt on ‘her arrival here to take full possession of the house where her brother had lived for years, have the secesb flag on the dinner table, induce her mother to expel the gon from the and Bnally to direct the will so as to not only exclude him from any sbare of his mother’s property” but aleo of his brother Alexander’s, who died in 1851, He was frequently called by her a black buzzard becaus of his Northern proctivities, The sult of plaintiff pur- to secure $60,000 of the $180,000 of property to avid L. Gardiner. ‘Mr. Brady then offered the deposition of William N. Duyckman before the Surrogate as evidence in the case. This stated that witness made a draft of tho will and submitted it to Mra. Gardiner, and then made such alterations aa were suggested by her, The execution of the will was not mentioned. ‘The notice to produce the original will of 1858 was admitted as evidence. Counsel for defence stated that no such paper had been ‘in their possession. A copy of the same was then read, to show that the wishes of deceased at that time were materially different from what is contained in the one under litigation. TRSTIMONY OF MRS, FRANCES HOYT. Mra. Frances Hoyt,{being called and sworn asa witness for contestants, said: I reside on Staten Island; my husband’s name is Wm. 8, Hoyt; I knew deceased ever since her removal to the island in 1852; I visited her often; we exchanged visite constantly; I knew David; 1 visited the house very little after 1860; I know of execution of a will in 1858 on the terry boat going, from Port Richmond; she asked myself and Captain Watson to come into the Captain’s office and witness the execu- tion of the will; she said she was well satisfied with having such good witnesses; I said I nope you have given the young boy enough, and she said ‘ well Thave, but I-have given David the largest share be- cause he bas had charge of me and my business.” TESTIMONY OF REV. CHARLES H. ROCKWELL, Rev. Charies H. Rockwell, being called and sworn for contestanis, said:—I am aclergywan of the Reformed Patch Church, residing for the last two months in New York city, and for sixjyears before in Castleton; 1 knew Juliana Gardiner; she spent ten or twelve weeks in my family a year bof ¢ died ; my wife is her own cousin; the children were all with her, and Mr. Dayton was there as their tutor; when ahe first came she was in comfort- able health, and after a few weeks she became very sick, and supposing she would die, I sent for David, and made conditions for the removal of her body; the doctor was sent for. and she finally permitted an examination, and was finafly relieved; the coming of the son saved her life by the information he gave; when she she was in a little better health only, she wasastrong believer in spiritualism; there was a good deal of argument on this subject between us; she said the mediums told her a good many things that they could not have learned except trom intercourse with the other world; that she had received a letter from er son, Alexander, go like bis. handwriting «bat she believed it must have come from the spiritual world; she said she received comfort from these revela- uons and bad confidence in them; I did not see ber after she left Catskill; these conversations occurred several times ana were protracted; she expressed a desire not to be altered in this opinion. Cross-examination—She argued strongly and clearly; she was an Episcopalian, a religious woman, but spir- itualism seemed to supersede her other conviciions; 1 hve found this in common with others, especially mothers anxious about their sons or friends; 1 do pot beligve this is an indication of weakness of intellect, and if it is, it is a pretty bright sort of monomania or direc- tion of mind. TESTIMONY OP DAVID L. GARDINER, David L. Gardiner, being called and sworn for contest. ante, sald:—1 am. plaintiif in thi ; my futher was killed in 1844; at that timo the survivors in our family ‘were two sisters and a brother; 1 am the oldest; then came Alexander, Julia and the others; at the time of the death of my father we lived in New York city, 43 La- fayette place; ail the family resided together; up to that time ali the members of the family were perfectly kind to each other; Alexander died in 1851; my sister Julia mar- ried President Tyler in June, 1844, he died Janvary i, ¥ Alexander never married; I think he did nos make a will; when he died I was in California, engagod and mining in Sacramento and San Diezo; I shad been educated for the bar, but never practiced; I arrived in New York in June, 1851; then my sister Julia resided in Virginia with Mr. Tyler, ar Sherwood Forest, on the James Ri had ‘visited there fre- quently; my last visit there was in 1860; this property consisted of a plantation, thirty or forty miles from Rich mond; I bave been told by Mr. Tyler, that the planta- tion consistea of one thousand five hundred acres, and raised corn, wheat and oats; the house was a good one; two stories and an attic, had a hail in the centre, rooms on each side, extensions, also, and kitchen, &c , ob the ground floor; I think Mr. Tyler owned prop- erty in Kentucky and other lands in Virginia; { have spoken to Mrs. Tyler about it; my father, at the time of his decease, left some property that I sold for $6,000, and I deposited the money in bank to my account; be also bad property on Long Island and in New York; my mother owued property in Chatham and Oliver streets and Harrison and Greenwich sireets; the com. dined value of the property was about $160,000 or $170,000; the value the property at the date of the last will was probably $190,000; when I came back from California in 1851 I boarded in New York until I bought tue homestead im 1862; Lpegotiated the purchase; sue went there to hve im the Mme spring ‘commenced immediately to manage her aifairs, and con- tinued #0 to do until in 1864; I received a letter February 10, 1864 (being a letter from Julia Gardiner requesting witness to suck some other place); at that time Dayton Beekman, three servants and Mrs. Gardiner lived at the house; there was also a colored boy there; before this = she had said nothing on this subject or about the crowded 0 of the family; while I was there I had the general supervision of affairs, household and property, in the city of New York and here; sometimes collected her rents; the real estate on Chatham square was taken oy the corporation; there were mortgages on some of the property; I paid the Interest on these; I purchased my farm at Northfield in 1853; my mother never made advances of money to me to eee. for it; she never made any claims ou me; I never any dispute with her on matters of monye; I own also, @ vacant lot on Fourteenth street; not one cent money came irom my mother in any way; I iurnish- ‘most of the products of my farm into the ‘house; my mother paid the expenses at the house; I consider the estate was indebted to me for services, and there was no final settiement between me and my mother. ‘At six o’c.ock P. M. the court adjourned, to meet again at baif-past eight o’clock this morning. WALL STREET ROBBERY. Arrest of the Delinquents. In Decomber last, as the readers of the Herat will remember, a heavy robbery was committed in the bank - tog house of John Munroe & Co,, No. 8 Wall street. On the 12th of that month Joseph Packer, a youth aged about seventeen years, who had been in the habit of making deposits and collections for the firm, was en- trusted with gold certificates to the amount.of $10,000, which he was instructed to place in charge of the bank in which the house usually kept an account, Packer, hav- ing left the premises himseif for a few minutes, returned with the bank book, which bore what purported to be an acknowledgment of the deposit mgned by the receiv- teller of the institution. Leh desea iey Bop sad ia omploy- and forbore making ¥ 5 ile tn etd et i li BEgESE : i H 1 i g i fy diel i bs h i} i 3 £ it il i Mauirax, N.S, April 24, 1 Tho Cunard steamship Cuba afrived ‘hore ae ihre am ere at three P. yesterday, talled xt fight P.M. for Boston. (ore for Halifax and fifty for Boston. ern wee a SS A TEN CRRA Rm CS TY POLICE INTELLIGENCE, Akkest ov 4 Repurap Swivouer.—A very re pectably dressed and somewhat foppish appearing ng. mad, | yang on the 20th inst, (at 3 P. M.), arrived ot thi rejoicing in the name of Mar Quail, was brought before Justice Hogan at the Tombs yesterday afternoon, he having been arrested by Mr. Matthews of the firm Messrs. R. A. Matthews & Co., doing business at No. New street, and given in charge of officer Keirns of the First precinct. From the statemeut of Dir. Matthews it appears that on the 26th of February last Quail called at his store and represented that he was do- ing business at No. 63 Beaver street; that he ‘was @ purchaser of cotton pickings and rejected. cotton ; that his means were abundant, dc. Believing the repre- sentations of Quail to be true Mr. Matthews sold him cot- CUBA. The steamship Columbia, Captain Barton, from Ra port yesterday. Our thanks are due to Mr, Mathers, the purser, for s prompt delivery of our despatches and files. The Coolic Trade—The Banco Espanol A\- lowed to Limit Its Specie Payments—The Spanish St. Domingo Bonds—Customs Ke- penny Hey Havana, April 20, 1867. There is no pause in the coolie immigration, The ton to the amount of $105, wiycb was to be paid for on | Ships that bring them are under al! colors but the Amer- that day; but the former, after obtaining posssasion of the property, , and Was seen no more by his victim till aes On making inquiries at 63 Beaver street Mr. hews learned that no such man az Quail did business there or was ever known to the owner of the building. Previous to the above transaction Quail Goltina So bd vias Collins, $3 ad firm of LA. N. jo. @ street, and represented that he had just purchased two bales of cotton, worth $283 from Messrs, >pofford & Tiletson, and wanted an advance of $250 on it. Atthe same time Quai! exhibited what Durported to bo a recei 3 furnished with pen an: r, Wrote an order on Mesers, & Tiletson Yor the delivery of the cotton to ie Colling, after first receiving the required advance. With the order Mr. Collins su: juently called for the Biles, sad much to his astonishment was informed that ithad not been purchased ‘The ican and English, and the arrivals are 80 continuous that it may ere long be prudent om the part. of government to see to the total number which is being introduced into this ‘* Pearl”? of the Antifles. The importation of these coolies goes a great way toward the drain of specie from our money market, The Banco Espanol bas been authorized to limit ite specie payments to twenty-five thousand dollars por bill forthe cotton, and boing | diem for four months longer. This gives your readert @ better clue to the true state of the money market ane the financial affairs of this country than all the fine Stories they read in the Cuban press, ‘The Diarvo dela Marina again takes up the fact tbat magistrate ordered Quail nS hg eephentiae Yo the Torte, some of the holders of the paper money which the toawait an examination. One of the victimized gentle- men stated in court that a least'seven or eight other jerchants had been defrauded ine similar manner by very plausible and oily tongued Qaait. Autscxo Ennezziamest or $5,287.—Theodore H. Loomis was yesterday arrested by Captain Jourdan, of the Sixth precinct, upon the charge of embezzle- ment. It appears from the affidavit of Henry E. Hawley, of the firm of Carter & Hawley, merchants, No. 60 Bea- ver street, that the accused, previous to January 21, 1866, was a year im the employ of their firm as desk cashier and bookkeoper, and in capacity had access to the funds and securitics belouging to the firm; that on and about the 26th of Junuary, 1866, Loomis left their employ sist giving any notice of such inten- tion, ant iously abstracted from the iron safe, car- ried away with him, and converted to his own use five thousand dollars of cogpoo interest bear- Ing notes, being of the actual @ of $5,387 50, including the accrued interest. 2 affidavit further sets forth thata few days after the abstraction of the notes the accused admitted to the complainant that ne had taken and used them. Yosterday afternoon the areal was arraigned before Justice Dowling 1% the ‘ombs, and entered a plea of not guilty. The examina- tion was set fur morning next at eleven o'clock, Loomis entering into $5,000 bail to appear. The iy’ oner, it seems, has been in Eldr' ‘street jail a year, being unable to give bail in a givil uit ontered by the above fi and which resuited 1m a verdict for Loomis and hia harge from custody. “THE HAWAIIAN ISLANDS. Wreck of the British ship Kathay—Decrease in the Census Re Meeting of Mission- aries iu the Marq Islands, &c. ‘San Francisco, Apsil 23, 1967. Honolulu dates up to April 4 have been received. The British ship Kathay was wrecked on Howland’s Island January 20. The vessel was a total loss. Her crew, twenty-five in number, were saved, and arrived at Honolalu March 29, Her captain and first officer arrived here last might, The official returns of the census of the Sandwich Islands tor 1866 report that the population numbered 62,959, which shows a decrease in six years of over 9,000. Arrived at Honolalu ships Minerva, with 70 barrels sperm oil; Oriole, of Now Bedford, with 175 do ; Oliver Crocker, with 278 barrels whule, aud Fanny, with 100 do. Rev. J. 8. Emerson died at Waiolua, in the isiand of Oahu, on March 26. A general meeting of Hawaiian missionaries was held last November in the Marquesas Islands to discuss tho queation of returning to Honolulu. Ji sas-unanumously decided to remain, but to hold frequent sommunication with the other island groups. munication, which caused this meeting, will hereafter ve remedied by the anual visita 21 ‘he missionary ship Morning Star. LIFE SAVING APPARATUS. The government Commission on life saving ayyactius met yesterday at the usual placo, Mr. Bemis preanting. ‘Tho Par-tveNt stated that the Commission werp ready to hear parties who were desirous of addressing them on the subject before ther. W. A. LicHTHat, of this city, arose and stated that he bad been engaged in steam engineering tor forty years; that tere is no danger of explosion where pure water is used in boilers if the boilers are properiy constructed, and there is a reasonable limit to the steam pressure: that water can only be kept pure in boilers by a surface aging 6 ex hausted, avd from which the walerof: = migation is juded to the ef- foris that have been made in various countries to obtain such a condenser and tne reasons of tueir failure. He claimed to nave invented such a condenser which is not subject to the objections heretofore brought against sur- It is provided with means to allow ex- condenser, into which sieam from the e revurned pure to the boiter, He then al facu condensers. jon and coutraction of the (ubes in it, without ii jury Claimed that it will provide as good a vacuum as tho jet condenser, and 1s assimpie aud durabie in its action, it is combinea with the jet ccndenser, so that it an accideut occurs to it, the *jet’’ may be used. The surface condenser can be used in river steamers with non-condensing cngmes, as well as in others, and can be arranged to produce @ vacuum in the cylinder of the high pressure engine, and would therefore render the boats on ine wost- ern rivers more secure by reducing the pres- sure of steam to be carried, and by keeping the water in tho boilers pure. He then pointed out the di advantages of the blow cock and other devices, an concluded by remarking that the lock up safety valves are of no value unless pure water is used in the boilers. The next and most important remarks were made by Richard Montgomery in favor of corrugated iron for the frames of ships and for botlera. This iron, it is claimed, is not more expensive than wood, and, on account of tts hollowness, more buoyant, causing # vessel'of thousand tons to be six incnes ies draft of water, while in either ships or botiers it is ten times as strong as the wood or iron used. He descrived the iron in de- tal, showing that it is a combination of arches, which contribute to the support of each other and exhibited specimens, subjecting them tw compara- tive tests to prove what he stated He then submitted a number of testimonials from some of the leading ship- builders and engineers of tue country endorsing this invention as one of the most practical afd useful that has recently come to light. fhe members of the Commission seemed to take con- siderable interest in the siatements made to tiem by this inventor, and asked many questions on the meris of tbe invention. Other gentiomen then addressed the Commission on other topics, but nothing further of special interest cawe up till they adjourned, SEIZURES OF DISTILLERIES. The following seizures of New York establishments ‘were reported yesterday by luspectors Jowett and Craig at the office of the United States District Atwrney, in Montague street, Brooklyn :. Joba Kagerman’s distillery, in Fortieth street, be- tween First and Second avenues, seized on the charge that spirits were being rum from the cistera room into a rectifying the barge that eles on. ceueaee, enter the png Ponto secret nected with it, The distill of John H. , m Sixteenth street, was seized by the same officers, for an violation of the revenue law. Thomas McMc- establishment adjoining was like- officers reporting that found umber of barrels of whi which they had mark Bray's distillery a few ious, A doorway was aiso found between the two places. ‘Siessinger’s distillery, in Fiftieth nag Sa gtn that false entries had been made upon the books of the establishment, the seizure i i 5 Hy z 2 3 z i of one hundred and twenty whiskey during the few found at various piaces, and Lamha oF large portion of the ‘wore Found in the possession of truckmen, on the streets. CURIOUS PARISIAN GOSSIP ABOUT STEPHENS, THE FENIAN LEADER. A Paris correspondent of a Western journal furnishes the following :— James Stephens is living at No. 20 Romey street. at Montmartre, where he seems to be quite comiortabie, having his wife and brother-in-law with bim, which does not prevent him from complaining of his poverty. y who had not a ‘Tue want of such com. | try, destroying much property on the estates, to the tubes or the case containing them. Ho Spanish government issued in St. Domingo and recog. Rized as valid have declared that it atill remains on their hands as wasie paper, adding that the total amount does not reach $50,000,and that they are severely suffering from the indelivite delay still persisied in by the ‘Treasury in redeeming it, According to the customs returns of March last, the amount ef duties collected during said month at all the ports of the island was $1,238,618, and the difference owing to the exemption trom export duties was $417,923 Compared with the amount collected during the same month in 1866 there is mp increase of $198,048. The collection of duties in February tast was only $787,475, of which $597,883 pertained toimport duties 144,867 to tonnage dues. Thursday and Good Friday were solemnized with the usual accompaniments and more than the ordimery pageantry .of former yeara, It is only on such a day that we get afair opportunity to observe the motley groups of passers by, and become convinced that every- body here is now living tar beyond his means. The creditors of the Cuba Bank held a meeting yes- terday, in which it was agreed to grant a respite ot four years for discharging its indebtedness to the first section of creditors in full, paying the first year only the in terest on the total amount at the rate of six per cent, and the capital and interest consecutively, in three equal parts, every year successively. Tue board of directors after the above concession offered to effort to resume business by obtaining more capi in the event of failure they would liquidate the estab- lishment, ‘The Spanish frigate Concepcion returned from Jamaica on the 12th inst. to Santiago de Cuba, The Spanish steamer Vasco Nunez de Balboa, four guns, having received orders to go to sea wuder sealed orders, sailed hence yesterday morning. The frigate Carmen is also being got ready for ‘‘special service,” although her time to retura home has long expired. Yesterday Lopez, Trapaga & Co., wholesale provision dealers, suspended payment. This created considerable surprise, as the firm had been only six months in exist. ence, It is, however, believed that after a littio respite they will be able to resume business, unless sometting irregular or fraudutent be discovered in their affairs during 80 short a period. The French steamer Darien, from New Orleans on the 15th inst., after having given bond to the Custom House at said port for a violation of the revenue laws, arrive’ bere this mornmg. The Impératrice Eugenie, afier re- colving the passengers of the Darien, suled shortly after tor St. Thomas, ‘The steamers of the New York Itne will not only sat on Saturdays in future, but henceforth allow us to write tll two P. M., sailing at three in the afternoon. This prompt attention to the mercantile interests on the part of the owners has given general satisfaction. Owing to the many lines now running between the two countries, competition in the rates of fare ig created, which will finally bring them down to those paid before the war, Moro fires are reported in different parts of the coun- Most of thein bave been 1 consequence of the great drought aud the sparks from the railroad eugines. Recently we lave bad some refreshing showers of rain, which will prevent such conflagrations for awhile, The general health is good. In the mibtary hospital of this capital there were on'y 597 men sick on the 28th alt. Of this number 305 belong to different corps which were not in the recent sham figh‘s, and 272 belong to the ~von battalions of infantry and one squadron 0: cavalry garrisoned in Havana. The sickness occasioned by the sham fights was quite insignificant: Owing to the unfavorable uews just received from abroad, buyers of sugar are lukewarm, and the transac- tions since Saturday ave been very limited. The cur. rent quotation is 6% to 7rs. for No. 12. Among the recent freight engagements I notice the following charters:—american s:hooner Dictator, 200 hhds. sugar to Philadelpma at $7; American schooner Verval, 350 hbda? molasses, Sierra Morena to Portiaud at $5 25; American schooner Elia L, trefethen, 250 hhds. molasses, Sierra Morena for orders, at $5 25 per 110 gallons. Little has been done in exchange since last week. Sterling has again fixed at 94 premium. Francs are quoted at 3 per cent discount. fhe demaud on the United States is very limited, T abstain from giving any quotations Will my next. The Captain of the Austrian Frigate Dan- dolo at a Banquet in Havana—He Admits that Max ts to be Brought Home by His Executive Ofttcer inthe Yacht Elizabeth, &e. Havana, April 20, 1867, At a breakfast given by the Deutch Verein or Ger- man Club, of this city, on Sunday, the 14th inst., to which Commandant Nauta and some of the other officers of the Austrian frigate Dandolo were invited, there was no lack of friendly allusions to the “Common Father- land.” Bumpers of hock were passed freely, and there prevailed no symptoms of the jeast restraint, One or two American gentlemen, well acquainted with the Ger- man language, were also present, and appeared to enjoy the ‘Triilstuck’’ amazingly. The Austrian commander advanced a sentiment in response to a toast proposed by one of the American gentlemen, and Tam assured upop the best authority that ho went so far as to say that “although an officer of a monarchial government, and forbidden to visit any American ports for the present, be was a republican at heart.” H» added that he had | watched with interest the republican institutions America, and was convinced that these must ultimately triumpli over the whole face of the earth, With respect to his government and the Archduke Maximilan, he was understood to say that “both were bat too ready to re- trace their course, the one with with head and body intact.’ Toe jatter the commandant said he bad immediately followed the orders received, to send his execwiive to Vera Crust to take command of Max's yacht and tw convey him home. 1 need not say that Commandant Nauta was loudly cheered, and everybody praised him for the char- acteristic and unmistakable tokens of his candor, The Dandolo, after having taken in coals, sailed for Trieste on the 16th instant, ‘Yhore are a number of counterfeit bank notes of the Banco Espafol for one thousand dollars in circulation, which were not discovered till recently, The circum- stance has created considerable sensativn and tends to discredit the establishment. The ish war frigate Carmen went to sea this morn- ‘sealed orders, 1 am told in respectable quar- imation is Sacrificios or Vera Cruz. }, and will probably leave fbomas PERSONAL INTELLIGENCE, A very handsome compliment bas just been paid to Mr, John 8. Thrasher, for many years connected with the New York and Southern pross, At a recent meet- ing of the Southera Press Association, a resolution wae passed tendering to Mr. Thrasher the thanks of that body for the services which he had rendered it as its superin- tendent during @ long connection, aod conferring upon him the complimentary position of agent of the associa- tion in the city of New York, where he again purposes Colonel J. H. Gazlay and Colonel Edwards, of the United States Army, and EF. B. ‘ish, of Philadelphia, are stopping at the Metropolitan Hotei, Admiral Breese, of the United States Navy, aod Wen- dell Phillips, of Boston, are stopping at the St. Dems General Bachelor, of Albany, is stopping ot the Everett House, THE INTERNATIONAL ROWING REGATTA, Harvard and Yale Cannot Enter. [From the Boston Advertiser, April 23.) American at The play of forming an enter the English races at Paria hag been given up, at ero least so far as the Harvard more particular information about the rules of received, it was found that all boats mest eaney course would be only of four miles, as at wo the iength of ine course, and for this reason, and also from the fear which H 33 a! sea 388 §2 23 # s vl #5 i I it be but as the nat thie might be Weed oxpedhe ent the petitioners, The plan of f then reluctantly given Up a8 & mat. u do not weil see how any other od at, and certainly we are ware that who have been interested in at they could. money im Boston, 80 there tb ag mp ‘but for ‘reasons we have stated the American boat, ped “¢ have held & good place im the