The New York Herald Newspaper, May 9, 1867, Page 5

THE COURTS. UAITED STATES DISTRICT COURT. Before Judge Blatchford. ‘Judge Blatchford eat yesterday for a short time and eard some motions. ‘Phe United Sales ve. Pour Cases Containing Silk and Wibbens. Serason & Co., claimanis,—A motion was mado om the part of the claimants to bond this property under seizure at the appraised home value, legs the duties, Argument was heard by Messre. Webster and Craig for ‘the claimants, and by Mr. 8. G. Courtney, United States ‘District Attorney, and Mr. Symonds; United States As- sistant District Attorney, in opposition. The Judge gave ‘the parties till Friday morning to file with him their ‘Stat am directed by the President, to inform, you, that your resignation of the office of District Judge has been re. eeived and accepted, and to ex, nce, gees Sean abet Sod bie high appreciation of the Adellty aod ability wit With great respect, your obs Sot STANBERY. yi 3) fi i & e UNITED STATES CIRCUIT COURT. ‘The Prussian Extradition Case—The Charge of Forgery against Philip Hesrich—Preceedings for a Writ of Habeas Corpus. Before Judge Shipman. Im the Matter of the Application ff Philip Henrich for a Writ of Habeas Corpus.—A petition to the Judges of the Waited States Circuit Court for the Southern District of ‘New York has been filed on behalf of Philip Henrich, of Fond du Lac, in the State of Wisconsin, by his attorney, ‘Mr. Charles Wehle, for a writ of habeas corpus and certi- erari for the purpose of obtaining a decision upon certain questions, of law raised by defendant’s counsel in the examination of Henrich before Commissioner White on the ited to the amoun Semteiaenens borat fer make tata capacity of Secretary to the Rhepish Railroad, of Cologue, in uf i ¢ 4 Fi H 4 i é Fi ‘The Case of John H. Trapp, Lawyer. 3. Ihe Untted States vs. John H. Trapp.—In this case ‘two indictments had been found against the defendant fer forging a receipt for a soldier’s pay. An application ‘was wadeon Tuesday, by the District Attorney, to con- sotidate both indi ictments, The motion was on ‘te part of the lone wwe Aad Toner d Sento oonoldate ‘bah indictments, and fixing the trial SUPREME COURT—CIRCUIT—PART 2. M it Dupertant Soseticn Regarding Mercantile _, Stabe, Alenantor @ Co, <2. Weterhows & Co.—The ‘pilatif are merchants, doing ‘at Manchester, tein Unrough their agent in this city, forexeon- ~@iem, am order for goods of English mianufacture, and ‘egid8é, by the terms of the order, on receipt of invoices @o remit a banker’s draft on London for the amount of ‘the draft, at sixty days, pene commission of for ‘ssder: "Snes iavolees were wont, or the trata banker's d@veft was duly remitted; for the second and tbird the Fane aks saan gritos AE} mt the goods wore invoiced at prices than Rape te ati Peletns $00 tok had in the tI claim is for eee and one of the questions in . of the banker's: amount in the Sesser an hen la acy liable for what the banker would charge ior such a draft payable in tender notes. Case still on. For the * T. Buckley; for defendants, Joha E. ‘Tho Fernande Weed Leanes—The Peremptory Mandamus and Stay of Preceedhigs, &c. Before Judge Sutherland, ‘Tre People, ax rel. Fernando Wood, ve. Richard B, Cov. nelly, Comptroller, dc.—On Monday last a writ of pe- remptory mandamus was iasued from this court by Mr. Justice Barnard, upon application of counsel, directing ‘the Comptrolier to oxecute the lease of Fernando Wood's Duilding, Nos. 115 and 117 Nassau street, for ten years, ‘tam annual rental of $18,000, The matter has been before this court for several months past, and legal ac- tom was first taken in reference to the lease and rental of the premises by Christopher Pullman, a member of the Common Council, who obtained in December ast an order of injunction reatraming the Comptroiler frem executing the lease, and instituted @ civil action to prevent the same. in January Fernando Wood, through ‘counse}, moved for mandamus to compel the execution of the lences and the payment of three quarters rent then due, amounting to $15,500, After argument by eminent coausel the motion was denied by Mr. Jastive Leonard, on the ‘that de wjunction ‘was then ip existence and should be vacated before man- Seeoas colt innte,- na thet there mes no meney in the elty treasury ‘satistaction of the claim for rental. ‘On returday a motion was made before Judge Bar- mard to set, egg gees after hearing the it, the Court took papers and rendered yon Monday last, setting aside the order of re- ee re ens ae ene Fer- Fpl tne gee Le lien orveaym in the Pallman suit. the motion for which been argued on Friday, the 3d Om the same day upon which these decisions were rendered was made, before Judge Barnard. ‘by counsel for Fernindo Wood, for peremptory man- damus to compel the execution, Ac, of the leases, and the following order was tasued by the Court — ‘the State of New York to the Hon. Ri: TMiy Comparten of the City oy Neve Yorks you ui neglect and refuse to make, exec sascliver ‘certain leases of premises, tained i rain Pesstation uly ad in 8 ofl buf a the Board of the = Board ot Comune ely at ‘Mayor of said heres tae legal Of said Feeolution has been duly cou: Gaered and judicially contrmed by this court, which faci Spears to ave bean made koownvo you: and’ whereas wo at now exists w your performing she Fesolution in pureuaner of the direction of this court, ina maatier concerning the renewals u\ sat Jeanes, and to which you are a party; and that you neglect to make, execute aud doliver sa) of unjuscly, to the injury of Fernando W. ibe relntor herein, to whom you are directed ‘by said rwso Mow and required’ by the decision of the Court aforecalt execate and deliver said renewals of le. hich complaint we bare adjudged wo be true, as mp of \ “Now. therefore, we, being Filing that speedy, jusitee should be don "in this behall to him the sale Wood, do command and enjoia rou recelpt of this writ, form of law, aud ih 4 i aiter the Cc " Justice of the Su; part, do hereby Seeviend yon ghat you, Ricken! B. Connolly, Compiratiee Stabe city of Rew Work, do forthwith, ow Teceipy of this order, make, execute aud deliver the renowels 0. waid leases to the sald Fernando Wood, and for # failure thereat, that be confined in the jail of the -elty aud corny of Kew Tork until such me as you shall comply with chie, the order of our Court. OHORGE (). BARNARD, Justice Suprome Court New Youre, May 6, 1887, ‘This writ was served on the afternoon of th t & 252 3 i on Williams ‘an order ‘esterday mori bers, Mr. Isaiah T. jadge Sutherland and asked for a Et i iH i BE determination of the ‘waa founded upon the wrti. epee which h wae ‘allowed, and "pon the 83 u z£ Ff 1 33 Fi i the aMidavit and records referred to in the writ and afidavil, aS eeat a naan mney bY HE Witttoens Wearing Wek susponaonh une Corperotan’ f May pane @e ne part of the Corporation. Ja moving for the order and stay, Sore, Oxtraordinary in v8 mandai was impossible to regard it than Bau tape Of the doou: 5 z E : & b aawure i Court that the recitals in the writ were utthr. | at his house. There were some strange developments Sean Covaty Tax Levy, which was referred to the tes ted terteod as prot of a a k Reanianons ‘eons eeenate by tha special commitice iy oer there was no pre- that the en New County Court House in favor of paying the fol- “aia aie wo ave | eet allowed pay Jsborers employed in the ew, Dut was a Rot w seeeeceees . have beos a the court, and the copy a3 Cornell, iron contract... 43, he held ig his hand contained wo Indication that any seal Wh ‘The Board then adjourned, POLICE INTELLIGENCE. - BunoLary ts Foisoy Sraxer.—Thomas Cain and Mar- a apg Pay ‘the officer ‘who issued it wholly | 2Ames tin McDermott, newsboys, seventeen and eighteen years without teen . short, he said that it of age, were yesterday brought before Justice Hogan, by vere the Cm ving cand ot se an officer of the Second precinct, on a charge of bur- with the unseemly blunders, He sald. that the Broadway lary. "It is alleged that on the night of the 2d inst. the paper had oe eee, Sosetay evening, at | which Prisoners oncealed themselves in the cellar of the Bel- terran tre chien tetenaunivn elttete shady 18 mont Hotel, Xo 185 Fulton street, when, on being dis pty ei Sontos ana Golivere®, which Julius covered b McBride, they ran'up stairs and crawled —— amen s might expose | fur caps oat of sight, ‘The next ‘morning the cellar door was ety. payment yeas for’ ton Juli found to have been broken open and # small amount of for the use of rooms not occupied and wholly uni it for tempt Money was missing from up stairs. After the arrests Sen NO ore seants Oo Be wae ternied, by n0 | ten ‘were mado Mary was confronted with the prisoners and poagenapie. ry ote te ie seeee as {deutified them as the boys she saw run up stairs from wy ion A Ce for, ia"te | wi Derma for burglary im the third degree, } the of the Belmont Hotel. Justice Hogaa com- 2 opportanst ae Sear iene plsaded guilty. On we 21st of April the sail loft. of | mitted the accusod “parties to te Tombs for trial in de- pay, eo, mantel purpans, Sagnm which, in, the agure, Goring, No. 1 Broome street, had a small quantity | fault of $1,000 bail each. : The Court grauted the onder, with the stay, of which | these boys were only the Oliver Tieise; while the. Bill | | ARREST OP AN auzzceD Hionwivway,—At a late hour the following iga _ ight a ap ich Ap Soa " Sykes had escaped. They were sent to the Juvenile | 0m Tuesday night Robert McKinley, in passing throug! ‘State of New upon the ration of Ker- Oak strect, on his way home, was, it is alleged, as- Jo Wood dB. Connolly, 5 Gre. r y “ eeperempiy frisal maddnance anced hercinvaia upon |, caAMbMte on corn curiicanes wv wat armeet. | saulled.by'a, man named James Brady, and was suck the afidavit upoa which the same was founded, x im the face and knocked down. While McKinley was |, also upon the papers and lings im said wri Se it and aflida) ferred to, and. .T. Williams, of this date— Jet aera My ogee before, this Count at the Cham, Joseph ing $10,000 in United Statos gold certificates om the 12th of , owned by Monroe, Richards & Chandler, No. 8 Wall street, were placed at the bar,. Packard pleaded guilty, but the other boy refused wit re. prostrate on the pavement, Brady, as charged, forcibly rifled his pockets of a watch..valued at $50, and other May 1a, 1867, at twel¥e o'clock ai noon f day. why the said writ should ‘not be set asl with which he McKinley, who lives fialgnetet aun ibe esata ang ua be hrarngand | wavy romantic areorig Sveti Maus Berope mas | SNe Sh, Oak sret, cned or lly when an acer of R precinct, pursi and arrested t! ive, ‘atl compliance therewith be stayed, in whose jon he found the watch stolen from bis victim, prong A bead Brady was taken before Justice Hogan and com: tod to the Tombs for trial, dail refused. Brady is forty years of age, born in- Treland, lives in Bufflo, and is a sailor. He pretends to know nothing concerning the robbery. Tau Boots Derucrivz Cass.—In the case of Charles Riiling, claiming to be a detective employed in an office at No. 68 Broadway, who was arrested on Tuesday after- noon, an examination was had yesterday before Justice Hogan, David Jacobson, of 76 Division street, deposed that on the 15th of December last he was waited upon by Rilling in South street, where he (Jacobson) was sell- ing cigars, and asked if he had a license to sell cigars. Jacobson replied in the napnlivs. whereupon the prisoner represented that he was & revenue detective at the same time exhibiting a shield which he had on his and lience thes JOBHUA SUTHE! _, Justice of the Supreme Court, with stealing on the 2d 3 joves, the property of The Seater will peotehin be: beard before this court, guilty to an attempt at gran londay next. Harry Volmar, who stole a quantity of clothing and Jewelry on the 25th of April, vulued at $465, the pro- perty of Emile Houston street, pleaded ty to an attempt, ese prisoners were remanded sentence, ° stances:—The action, which was commenced several COURT CALENDAR—THIS DAY, years ago; and the right in which was assigned to Deviia | Surrewx Cov: ae by Hackley, was stayed by an order appointing Cyrus ba Curtiss as receiver. Amprovision was inserted in the ‘Borner Cc o Bil Hy, "4 order appointing bim as receiver, authorizing him tore-,| norcand Noe 61, 24%; 1081, 441, @51” 62, 920; 240, ceive the moneys due on the contract, and empowering | 1267, Tua, 750, 880, 1297, 641, 1445, 1485, 1365, 891, 721, . 1045, ‘2.—Nos. 1590, ' 1202,’ 1162," 588, 838, 1268, him to sue for the recovery of any and all damages or | 77’ 1044, 1148, 2602, 610, 958, 900; 1420, 630, 646, losses accruing from the non-performance of the original | 1132, 756, 224, 1276. i r ~ Supreme Covrt—SrrcaL Trnw.—Demurrers.—No. iia wotion under tne taniet clause of ihe orden, and Me Fact . on un wr clause ie r, ane re .~No, 12 5, bereft cing be Gat 20, Issues of Taw and No, 128, 100, 161 to 175, Oommen leas, ‘claim damages hy jUPREME et — Ona! — breach of asrecmont, A'refefee was appoluved in thas’| 198 Oe yA Te ove Rages action orRerr Sad, dace, te. jemnpsiconcens Corventians on Counsel then procured a stay Ct sea that the receiver was the person entitled to «Rae Subsequi to the iasning of this py = Nd ge by Mr. vausice Leonard, e Supreme Court, por- tion of the order only which aathoried the recetver to bring the suit for ‘The mytion yes befe reets, he asked him how much money he had, and was told in } reply, ‘Two dollars.” The accused then told Jacobson it would give him wo dollars he would discharge hit, and return in a few days and collect three dollars more, that being the amount due for alicense to sell cigars. Jacobson paid the defendant two dollars, for which he gave a receipt in the name of Charles Riker, and saw ing more of him until Tuesday last, when Rillin in called on him and Was arrested by officer Miller, o! precinct. Jacobson further charges that the defendant is neither an officer nor an internal revenue de- and all the representations made by ‘and untrue, and made with the intent to cheat and defraud. Rilling, who is twenty-five yeara of age and a native of this city, lives in Williamsburg. He says be was empl as ‘piper’ and to do other busi- ness at the office in way, William Asher. No, 153 Broome street; Bernhard Buchard, No. 24 Allen street, and Lossa Lazarus, No. 6 Hester street, appeared as wit- potty 132, 133, 134, 136, 139, Call commences at Surenion Covrr—TauaL Tenu.—Part 1.—Nos. 3216, 9816, 2900, 3231, 1193, 2907, 2961, 3005, 2541, 2919, 2900, Saed, 1aas, 2524, 1214, 2004, 207% 1803, 2000, 2958, 1400, Est é \ pa ear Sou, 406, i24n 1180, 288, —Nos. , ori, 900, 008, 628 s ‘terday before this court wae made sot aside the order med by Judge Leonard. Decision Ger Cause Beooeeca tomas" Castanan. Tho | NAME! sentash se. prisoner, be avi. as they allege, 86r' , ‘ 5 P a obtain money from : sey Piepes conan Mie yo Mb cal et ene v ALLECED THEFT axpD FuiGatT to Evrorr,—In October 2 burglary and grand larceny; James Conway, Jast Henry Emmler, a Prussian. twenty-six years of age, The Euolaments and Profits of the Mantilla | Gers dua Wiliem Bon’ berry Dottie atone | employ of his uncle, Mr. Henry Zimmer, Morris appear for the doing business at No, 28 Third avenue. During the Business—Actiog for Broach of Contract. or ena Before Judge Cardozo. John 7. Lord et ak agains Thomas Greiggt.—This is ‘an action, commenced yesterday, brought to recover the sum of $5,825. The parties on the 27th of May, ‘entered into an agreement by which the defendant was employed to supesintend and manage the cloak and mantilla department of the plaintiffs. The agreement latter part of that month, according to the representa- tions made by Mr, Zimmer, he arranged with his wite 40 to Europe to buy and gave her $5,000 in cash Shun wach to. make the’ It is alleged that on the 27th of the month mler stole $1,000 in Iegai der and bank notes from Mr, Zimmer, and sailed for i im the steamer with Mrs. Zimmer, or s00n afterwards. It is stated that the lady aod Emmier were es ped in ‘different parts of old coun- try, and that Mrs Zimmer has not since re- turned to A few days ago Emumiler reap- in New York, which fact becom! known Mr. pm, immediate BROOKLYN COURTS. acnercntetinnsinree UNITED STATES CIRCUIT COURT—EASTERN DISTRICT. * Jary Trials te Commence To-day. a Betore Judge Benedict. % ‘The court opened yesterday at noon, when the jury calendar called and cases set down for trial. A jury was empanelled, with the view of taking the i Hi! to receive the $4,000 a year or one-Aifteenth of the court. There afternoon ‘Mts of. "i toaane prprengee pbwre The - ial be no Grae ery exapencliod tine as there Remery. Lhe ee ba ae mage opened ed Mica ong fag gain d are reer cacés of a large number of parties imdicted by pa Mo A a te the Legere ie aes ot a aay. bat if te ‘should ‘the late Grand Jury yet'to be tried. 5 prerert opohs age eg pee ig ani employment any other parties, oer tor hinty cea ‘with the theft ‘Treasury notes, time attention interest. SUPREME COURT—KINGS COUNTY=-SPECIAL- TERM, relative of the complainant, also testified the plaisti, The ala coaias an tanya baa . fat Flamnlee contensed to, bisa, thet he ad taken the formed thelr part of the agreement, but.that the defend. | Prespect Park—Metios to Have the Repert of | money #5 charged in tho complaint. The accused, how- ant, onthe 22 of September, 1865, left the employ-"| the Commissionors of Eatimates and Ansess- Ponies, Ha anilt; sph damante’ So ment of Uw plaintiffs and entered into business with.| . Sones Conmrmed, other parties, on h account the plaintiffs claim that Before J ein pal Sioa tae — of 4825 eek a nai be In the Supreme Court yesterday morning « ‘motion tween the 31st of July and tbe 224 or, es: ‘was made by Mr. John N, Taylor, counsel. for the Pros- Sporting bo Ge an axreomens ‘ene veld; fen beceene teeny pect Park Commissioners, to bave confirmed the report Prctineed guoorwne Se money and brought them to was no United States revenue stamp attached thereto; | of the commissioners appointed to estimate the value of | New York tor the purpose of going into business on his pocorn. Noes oe oa Triihout bis knowing itt | the additional land to be taken for the park, as auther- ial sh eta elas acandiiacltce it. to hax 3 th cer ige nite wy pears. oie ereeemahen pony see, ~ x of Henderson, tiie’ Biackwell’s Island orderly, with whose paper was presented ‘crvoke and other legal case the public is already well acquaiated, was again ata time whens was impossible for Bim postponed by Justice Dodge at the Jefferson Market also maintains that " him to their service we Police Court yesterday. asserts that in the to the absence of the senior fifteenth of the ‘of the xaid department, when the | 4 brief ‘ensued, but his Honor, he unwil of the Junior to go on. with the cose, sereement was that a commission of fifteen, por cent of } pert, ‘the objection as valid. difecting that | Autuea Diane Atoraay Gunniog § Bedford appeared Pot $4,000 4 year, That the amoust witch he was | t2e,roport be fled with Fy era g Dar take place to-morrow at twelve 0 to revere, was omted from the writings, ands provision a To ee the other points |“ Lancesy axp Snoorinc.—Edward Driscoll, the man ot one-Riteenth of the proats The defendant The additional und to be taken for the park comprises who was shot by officer MeGirney, of the Eleventh pre- claims that lis share of the tg from the Sist of July. | snout two hundred and twenty acres, and extends on | cinct, Tuesday evening, by whom, it ie alleged, he 1864, up t the time he left the employment of the | One side, from the former outward boundaries of the | ono) = apa gp sce : ‘amounted 10 $9,000 over all moneys Te had | ee eee ee ert dd andl an the othe | Was detected im the act of stealing a tab of butter, and from them, and that his reason for leaving was | side to Flatbush and Franklin avenues. The Commis. | S¥0t when he sought to escape, was brought before Jus- thai the plaintifis refused to pay him his dues, Case | sioners have made the entire amounts ofthe awards at , > Mansfield yesterday morning and beld to answer. stil on, Chauncey Shaffer for defendant, $780,000. ‘There appears to be a great deal of oppos:. was bat very slightly injared. tion to the confirmation of the report among property Autecen Swixpuixc.—John H. Scholl was arraigned TY Tew: MARINE COURT. Action for Alleged Awault and Battery. Before Judge Hearn. McCluskey va, Smith.—This was an action to recover dnrnaces for alleged assault and battery. Plaintiff was a seaman on board the ship Bavaria, and on the voyage from Hayal to New York, om the 18th of April, the de- Re ferred against him by Conrad Block, lt appears from Block's statemont that some time in February last he engaced himself as clerk to the ret an insurance agent, ata of $60 per month, and deposted with Dim the sum of $300 as security for the faithful per- formance of his daties, for ‘which a receiy. was given fendant, who was master of the veescl, struck him, as | Before Judge Thompson and supervisors Bloom and bre gon me yoyo ag er his employ, Sehol, It te *, Foran, reCased $300 a be states, ou the fane with bis fet, cut hie mouth and |, in Donnelly, indicted with | Proceedings. Justice Mansfeld com Beholl for otherwive injured bim, He further says that the captain examination. threatened to strike bim with a belaying pin. Evidence having been given on the part of the plaintif, the ae- feutwnt took the stand and deposed that McCluskey was Others for grand larceny in stealing a quantity of mitrate of soda, valued at about $200, from the lighter Engineer, lying at the Atlantic @ock, was placed on trial Meeting of the Connciimanic Committee on beciigent in attending to his duties on and that, barmg had some words with him, he gave a slight Law—The Police Commissioners and the tap on (he face with the back of his band. He did not Board of Councilmen—Spoeck of Justice Con- cmt the plaintiff face; he saw no bloed dence was contirmed by that of the mate, sotd (hat as it was admitted by the Captain that be did To ehccemmnpl.evcnate’ Se eaueapliruantnnes nelly, &e. The Committee on Law of the Board of Councilmen met yesterday afverneon, Councilman Hartman im the Was the amount eager, the piatatifl’ was Roundainan. watched a * gent in his duties there was avother mode of punishing | the boat and lighter. In a few moments he brag Kretrepeo ly why aah gare gdadpbyroty him, He would give his judgment in adayortwo. Mr. | saw a man enter the boat and receive a package ing resolutions w! yere passed in the Board of Coun- Andrews, of the firm of Beebe, Dean & was | trom another party aboard the lighter. Bramley then | cilmen Apri! 20 Iast:— counsel for the Captain and Mr. oH. Smith for the | appeared and ordered the w in the boat, who |, That the Committee of the Law Department plaipeim, 2 rowing off, to forthwith inquire as to the power and authority of the COURT OF OYER AND TERMINER. Before Judge Miller. Of the vessel, Michael McE' Thiscourt met yesterday, Shortly after eléven o'clock | an i ' i i 4 i Hf it i i Mr. A. Oakey Hall, Attorney General Martindale and} !mPlicated in the robbery. allow | or power of any alderman, police justice, or civit justice the others to remove the for five dollars a bag. sold rt at ot designated by the Cor- Mr, James T. Brady entered court, He stated that he was under the Tafluence of liquor at poration of the city of: York. THIAL OF JOHN KANE.—THR TENEMENT HOUR nuRMNG | the time, There was no testimony for the defence, bat ‘There were Councilman Hartman, the Chajr- cast, the witnesses for the ee me bah ie Le .S Wa Tignd cross-examination re Townsend, ‘a majority committee. e Mr. James T, Brady, addressing the Judge, said there | prisoner's counsel ‘The jury revurned a verdict ‘con- | and the Clerk of thecomumitiee were also m ¢ 4 were reasons why the trial of John Kane (who was ii | victing the prisoner, who wes thereupon remanded fo! The Clerk read Tesqutions above quoted, and court) could not be proceeded with this week. He | Chairman stated that the committee were ready to bear wen oe ee aan cee prom next. OF SUPERVISORS. de cma ieibiaanneae on the subject before 1. A. 0. Hali replie jieved Attorney General . would forego other aad Justice Connolly then arose and sail :-—Gen! een aim X; iton Mier ist be | Special Sesston—Flection of = Supervieve im | have come here unprepared to-day, but still I will give * ‘The witnesses were then notified to be present on that day, without further nouce, THE ST. PATRICK'S DAY ROTA in McK von said-—Jn the case of Walah and otbera, ¢ with Which they were charged had occurred not sixty days ago, and uo persom had been injured to that extent that be was not now oat about bis business, A strony feeling hod been created against the defendants vy the poblication of certain articles and im the newspapers, Under these circumstances he believed it was proper that he should move & postponement of the trjals Ul (he next term of the court, Mr. A. O. Hall admitted that the nes had com- mented favorably or unfavorably on this case, and the hecessary onsequence Was to invite public attention to it. He thought it would be » great deal better to tet the case go olf for ith or so. until the excitement raised The Board of Supesvisors met at three o'clock yester- day afternoon, in special session, Henry Smitn, the Presidont, in the chair, Major General Alexander Shaler sent In a commanica- tion resigning his position as a member of this Board. Supervisor Twxen said he waa both sorry and glad tha General Shaler bad resigned hix position in this Board; he wad sorry to lose the Goneral as a colleague, because he had, in the short time the Geueral had been a mem- ber of the Bu found bim to bea this 5 vemer meetves which rightfall Delonge ine a . 1e Common Council when they eatanfished ‘a court in this city on their own in appar faithfully to perform their duties, and bound bo ad subplded, and appropriate manner, jwors ‘eho wo . Sapervisor Stoor moved that the resigmation be sc the pp cepted, and thatthe Board go intoa to fill the imitien been found. acceded to the motion | 'V#eancy occasioned by General Shaler’s resi U of ihe learne:) coun-@l on the other side, Mr. Mekeon obsereed thal he had kept ail that ap- are ip the pate papers ¢ by? matter, ge Millorein a city like where newspapers pablish matters of this kind, there Will always be some excitement, A little time may serve to allay it, ALLEGED MORDRA, Mr. A. 0. Hall—In the case of ‘Maurice Lanigan ‘On motion a committes was appointed to inform charged with murder, { think he bas ne coonsel, Will and the Court assign him counsel’ a 1 asvign him Mr. Kintzing, ™ tzing —J will the prisoner, and ask ae long | & and had been sworn in by Mayor r tu ehtenion fe thn Diet Adraay can rea toe took the seat formerly occupied by Major for the purpose of preparing defence. veneral Shaler. Mr. A. O, Hall iu give ton days, That will give dior recweting tha aoe feed by shinvcan aol: COURT OF GENERAL A SEStONS, a ee yee toe nee Betore Judge Russel, ieine ciataing ce Onarenan—Did T understand . AX DORKING (ASR OF ALLEOKD LARCENY, av eesn ane Signer iad AX) n Court of Al plies, justice aboakd 4 Near Sore a ai ‘Tue only case tried yesterday war an indictment for | during the recent nession of city, pees f and gives for the pertor- o larceny against Ignay Steck!, charging him with | 4 communication was the of Bau. 8 ‘and therefore any Man exercising ome 7 cation forth that they will reqaire the sum of | that duty and law, We guilty of @ stealing, oo the ado February, $200 tn méney and | Suis'hs'in addition te the ne oa ot | Sioeprenes 04, aS panunrars $400 woxth of Jewelry and weuring apparel, the property thade for th naypor of common feheoi, whieh isto 62 a wit your state. of iodeard ©. Farjana, 251 Rast twenty-fourth sewoh | OUP aas: of hehe! fitch, WRN Gs ieteited to abe | Tne Ouarnnan then caked Wf any 00s clon. desired to ‘The complainant in am engineer in the employ of the | Uommutes on anneal Tate speak, but no one and he deciare® ibe com- Pcits Reilseed Company, 04 henepoerd wap a boerdge | Compirelior Congolly sent im 9 garumes onpx ef tbe | ilie” *Aivernce — ! NEW YORK HERALD, THURSDAY, MAY 9, 1967,-TRIPLE SHEBT. LICENSES. BOAT Important Decision by Recerder Hackett is the Court of General Sessions. The People dc, vs. Alerander Young,—The defendant Was indicted under the act entitled “Ap act to regulate the use of certain boats and vessels within the limits of the Metropolitan Police District,” passed April 10, 1866, for holding ship Intercourse in the harbor of New York by means of his unticonsed boat, the leading seotions of which are:— Srerion 1, It shall hereafter be unlawful for’ the gprner. Oe ee fan Police Divtrist of this State, without, having, frst vured @ license authorizing such use or employment in manner aud under and subject to the regulations In this act Biko. 6. No boat o being vessel shall be liceused for the purpose of used In boarding any outkoing or incoming rewsel in the harbor or bay 0! lew York, except the owner or con- aignee of such ‘vessel or her’ cargh or holdin 1th any person on board course, communication, or deal ; and no person except the owner or consignee of the vessel Or cargo shall go alongside of or hold any comimuni- gation, intercourse or dealing with auy vessel arriving in the port of New York, or with any persun on board thereof, or alon, of any tugboat, or hold any intercourse with any person on voard thereof while ach tag. boat 18 e: an towing or is fastened to any such vessel, until said vessel sball have anchored at the place for the of her or receiving» cargo thereon. Any rson who shall violate any provision of this section by ‘ny act herein prohibited shall be guilty of a min- demeanor, and on conviction thereot shall be puuished in the manner xpecitied by the fifth section of dis act. The punishment provided by the section just referred to is ‘‘a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment not Jess than one month, nor more than six months, or by bothsuch fine and ‘The defndant de. rgo, or holding any inter District Attorney, in open my L render jr it against the indictment, and in de- fendant’s favor under the decisions of the United States Supreme Court in Gibbons v. Ozden, 9th Wheaton 1, and Wilson v. Blackbird Creek Company, 2 Peters 245. Icannot conceive of the constituti right of the State of New York to restrict the free use of waters com- mon to two States, in the manner in which this act does, ‘The whole act needs but to be read carefully, to carry with it a conviction not only of its impolicy, but of its wutionality as drawn. My attention has been called to the following recent comments of a prominent “daily” of this city upon the wrongs growing out of an enforcement of the act im question, and which, if cor- a0h, certainly show how vexatious the operation of the act is, “Within the past year a great deal of dissatisfaction has been expressed on and others at the stringency of the boat laws, and many really innocent persons have suffered from its effects, The jaw, as it stands a present, reads that no n shall own a boat without paying a license fee for it, whether he use it for business or pleasure, and shal) bave the number of the license Painted upon the ‘boat. No person, except he be employed on board, is now allowed to commu- nicate with a pagsencer vessel lying in the harbor and for a violation of this law is liable to arrest and a fine of $100. The law was framed to pro- tect the newly arrived emigrants from boarding house runners and other sharks, but im many cases it has not worked well. Several instances have oecurred where persons whose relatives bad arrived at this port, and not yet ave procured boats, and, in ignorance of the law, have proceeded to the side of the vessel con- taining the relatives whom they had so anxiously ex- pected. ‘they were arrested, and on being taken before & magistrate were fined the full amount, and jn default of payment were committed to prison, no discretionary fina’ being vested in that officiel in cages of this ‘This case, it is said, will go (and very properly, consid- ering the momentous questions involved) to the General Term of the Supreme Court of this district for revision. I therefore content myself, for nisi prius purposes, with stating ny conclusions without extending my reasons. Thedenrrer is sustained, and, ' any revisory upreme Court, let all lings under ts,and complarnts for alleged violation of ion be stayed. JOHN kK. HACKETT, Recorder of the city of New York. The plea set up by the defence in this case is that the prisoner is subject to fits of inranity, and witnesses are introduced to prove that as a spiritual medium he sees and does many curious things, The mother of the ac- cused, after testifying to the fact thathergon had frac- tured his skul! by falling down some grgnite steps when he was seven years old, proceeded to say: — He was quiet only at times; he talked nbout the spirits of Indians; be would iangh, jump about, make queer faces and act very queer; he often acted very demented our store he spent his evenings ‘not sleeping; 1 have known him to slesp night aud day when he wag under the when he bad the spasms he would not shake much, would froth atthe mouth; he 7 for hours; with spirits; E 3 Ri i 5 Hy & F i 5 g started out; he returned in said be had met him at tho corner of Ninth and Arcb. sister of the accused stated that he had frequentiy singilar actions; be had delusions; dead, and ‘attempted self-do- A htened her by ge shed at peed I know he told the trath; | did not see them then; \but I have seen them, the <ame oues he saw: I reseen spirits since I was a chtid: I don’t think the seemg of spirits ® any evidence of insanity; | know ‘of the people Iphia have seen I don’t think they are insane. i i | at ilil Hy “H ra 5 it i] i H 3 a j ‘@ By District Attorney—There were women in the circle? (Laughter. ) Yes; he was a medium; I think he was as sane ax you orl; I became generally impressed; 1 feit as if I was outside of myself bony | to others, Re-examii have him talk of Mre, Magiiton In the Kindest terms; 1 saw Mrs. Magilton meamerize him when he was suffé-ing from his bead; 1 don’t think she relieved him, for he got up and left and went home: T can care people that way, myself. ‘The District Attorney, Wterrupting-—A mustard plaster behind the ear is better, ter.) ‘The coart adjourned until yesterday. THE PUBLIC NEALTH. Yellow Fever and Smalipox at Naseru. N. P.— Information has been receivod by a gentleman residing in this city, from Nassau, N. V., stating that at the end of last month there was a vessel in the harbor of that b Se. in also who ded ne a 4 of fact Se the whore, and investigated. PR yh of with the Bast Tenvense, and Company for the constraction line to the waters now Lou. on, After the manifent ature hn arrangement whieh Mie to utilize every good raw material country. This must be done aa the o1 efficient means to promote our highest » the same time secure for our country-a true industria) independence. Since it te your pleasure that I should preside on this occasion, I can only offer you my best efforts, feoling assured of my inability to do "justice to the unmeasured importance of this occasi assembled, gentlemen, to consider how and in what way we can best common country, whether they be agricultural, mer- caotile, mining, or manufacturing, such a conference as this. All friendaof domestic ind! are deeply concerned for the national prosperity, a! for the stability of our country. tbat we should meet in earnest council to deliberate as to the measures best calculated to revive our drooping industry and to guard against the offorts being made—and I re- gret to say, so successfully made, that trade, and manufactures have been paper money and by the vacillating ment, more a game of honest labor. Witha national debt of more than two Dillions—the price we giadly paid to preserve the life and unity of tne nation—and weakened by the joss of nearly half a mitiion of our best citizens destroyed im war, with a thira of our country asbowing the sorrowful results of erroneous opinions, Our country baving just passed through the grandest and most wonderful revolution rect in by which the Union has been preserved an ery has now to perform the delicare strncting States nponpienet by war, who need help and encouragement develop their resources, recuperate their strength, and retrieve their losses, "We mect here, gentlemen, on : Rete of the country. Our ohject mote the prednotive energy Xs is in the words of the inv! you. the advancement of any pai versal enlightenment of the people and the commen we ‘t chtizens of the nation to deliberate on grave matters affoct- ing our fame ucers, recognizing ee from the rough product of the mine, or the golden corn of the ‘prairie, to the most elaborate of the machine shop are une, in harmonious interest. To promote, these interests effect of these hallucinations; 3. he appeared ui 8 at times; he would sit witb hie eyes cloned and his hand op he mid he wan guarded by the angels; he was angels; he a ifnd ; tho Others in Faver of Protection. A convention composed principally of Western manu- facturers was held yesterday afternoon at root No. 14 Astor House, for the purpose of discussing, a8 stated in the call, the present condition of the industry of the . country, and to advise upon the best and most practical means of arousing public attention to the “backward condition of the United States, in taking advantage of her industrial resources,” Mr. Peter Cooper was called upon to preside. Messrs, Williams and Reilly were appointed secretaries. After cailing the moeting to order the chairman spoke as-fol- ‘s—While I offer you my thanks for the honor honor you conierred, allow me to say that this would bave been moro properly conferred om some other and abler man. I bad hoped to have bad the pleasure of moeting on this occasion that eminent social philosop! and wise economist, Mr. Cary. are to be deprived of that pleasure. He has, hi addressed to us a letter, that will be read, Our and the world are sore ladebted to ME. Cary aoy other man tor the elaboration o8e great princi- ples of national policy on the application of whieh our national prosp-rity must forever wise policy proclaimed by him—a policy that simed to the the H Tam informed that we : 4 4 especially to secure of our country its most convenient and market, and ‘at the same time, «to ion. We have Promote all the substantial interests of our ‘Tho time Ia ftting It is commerce made, the inflation of y of the govern- chance than a sure reward for and bankrapi, istory, slav- jovernment has work of recon- becn abolished, our and difficul enabie them by honest efforts to nd, to concert measures to ‘pro- tation we have addressed to it is not the promotion of any special interest, nor rticular section, but for the he country, We meet as interesta ‘as pro- that all American uctiona, mechanism most effectually, we must that all effects of which we complain are he rel! diversified. aystem, for the sudustry ofa There is nothing that will increase the comfort and civilization of a natiog& ike a sys- tem of directed labor. There's 20 cause that wilt bo ly sti and ali the energies of a prio People as the. vedo . ete: [ istation by the generat governincat of our fountry. should be such ernmental acta i eral children. ‘The proper busivess of a parectal gov- Fee wilt always De to her the wisdom of theages in order to guide and guard the inexperience of youth and those who for lack of ‘knowledge are tn annger of scizing on objects that promise present gratification, em- tireiy regardiess of evils that must inevicabiy and spirit made the duty of the general government pot only to “fixa standard of weights and measures,” but “to coin money and regulate the value there- .? ‘This was manifestly and to establish justice and weifare ithout creating a standard of measa ~~ conve- nient exe Rw the faiuure on the part of ment to maintain its exclusive righ! mey, bat to fix the legat used, te measure, labor. It was ral. goverament tofarpish for the convenience of trade coramerce that which men in their individual ot fur- nish for themselves, It was to the toleration by the general government that allowed individual States, im violation of the constitution, to issue in the shape of to the paper money that which was to all intents and pu: bills of credit, which the people were literal: pelied to take in payment of their debts, It that we roust look for the cause of many of under which our country is now hax reudered the high tariffs indispensabie the interest and bonor.of the nation strength from the industr.es of the people. be hich or low in ion to 18 required to pur a day’s labor in compared with the amount of gold thas similar day’s labor in other countries, «a high tari! ee oe fact the currency, by the use of paper rible expenses of war yd 80 increased ee that iterally senne ee a products in foreign countries, ever may have een the causes culties and ne Greametan it that « rolaime of foreign goods ta ‘tury at aw rat bon ome all i calit etal rit ai 8 . aa i hl i i 7 A [ i ite 3 & i gs? i: all tf We imy i= a nnutural condition, What is mostie be regretted is that so many wise and to think that we can go on leave our ywn good raw unemployed, It is vain for k ui 4 i 1 us to the rs that may resalt from the eoue pen | condition of alt property and labor, It will be proper for us to Yor gro A.» course Demon attention of t nyie to the necessity Stmeasures tha will qrard. agatnet the Feraiay ot ‘the national by k alive and repudiating Mt ies of the o . It ie tor all energies of edit 5 parpose facturers aad political economists, desire of the movement being x eet, wea Vea “4 Jersey, — sylvania,” Delaware, Maryland, nia, Georgia, Teu- nevsee, Itlinors, Michigan and ‘other States annonvced the a iovernor Pierpoint, of Virginia, said he die manufacturing interests of toat where the ple were beinning to become alive to im tho promution of American industi were alrendy patting ap a rolling mull there, and be was sure the good work would progress rapidly. Mr. Archibald W, Campbell, of ‘Wort Vir- kita, tuade some interesting remarks about the condition of trade there, and concluied by announcing that hie Desenge wos merely 8 accidental, on Resolutions were adopted recognizing protection as ec sential to the industrial interests of the country, in which ‘the manufacturer, merchant, mechanic and farmer are alike interested. in reference to the existing conflicta of pa ee and labor, the following resolation ing :— tone of the objects of the Tha’ i tient tate ou relations of capital and labor, and aifeontiee secre "tak co-operation teresa Seing of both. easton is E < Me e watt te Taber Howe fr ronment page tame a Ses of Pennoni ase Nir Ronit Onexcer spoke in Ce ee