The New York Herald Newspaper, June 12, 1867, Page 5

NEW YORK HER ALD, WEDNESDAY, JUNE 12, 1867.—TRIPLE. SHEET. ar ane RRP pre AN tat, eR NET CNTY oe nT) TEE. Be oe ete nS ee eee me meen 5c THE COURTS. UNITED STATES DISTRICT COU! ‘The Henry Street Distillery Case. Before Judge Blatchtord, ‘The United Slates vs. Ten Barrels of Distilled Spir- ts. —This case was continued yesterday, and again occu- pied the court for a protracted session. Counsel for the defence, Mr. D. C. Birdsall, and Mr. Courtney, United Btates District Attorney, for the government, summed ‘ep the case on either side at great length, the latter fens UGA etn a |, Judge ford deferring @ to the Jary on the case till this morning, oe COURT OF BANKRUPTCY. The petition of Aust Briggs, of Greenbush, West- chester county, in this State, was yesterday filed in the Clerk's ottice. UNITED STATES CIRCUIT COURT, Arraignments. Before Judge Shipman. ‘Phe parties mentioned in Monday’s Hxxatp against whom the Grand Jury presented true bills were Ee 178 Of @ay arraigned, and, having pleaded in each case, tril were xed. SUPREME COURT—GENERAL TERM. ‘The Transfer by the Legislature of the Li- Before Judges Leonard, Ingraham and Smith, The People of the State of New York and John T. Hoff- ‘man, Mayor of the City of New York vs. Thomas C. Acton and others, Commissioners qf Metropolitan Police, and the Board of Metropolitan Police.—The following opinions in ‘this case, which was argued before this Court about two ‘weeks since, were rendered yesterday. A case agreed ‘Upon without action has beem submitted for the par- Poee of obtaining s decision as to the validity of a cer- tain section incorporated into the Tax law at the last Xegislature, which the plaintiffs claimed to be unconsti- ‘tational and void, and ask that the defendants be ro- strained from executing any of the powers, duties and Privileges conferred thereby, The act is entitled, An Teco. the Board of Supervisors of the county of w York to raise money by tax for certain county FE fr Htslae [ purposes, extend the powers of the Metro- politan Pollcés and to ore for the euditing and payment ' unsettled claims inst ia eounty. en Dogs potion of nee act, which is the ene of whi e plain! 10) vides - fows:—"‘Ihe Board of Metropolitan Poube hereby i vested with and shall exercise. all the powers and por- form all the duties now conferred by laws and ordi- wjances upon Mayor, the Common Council, the Mayor and Common Council, and all other boards and officers (except the Metropolitan Board of Health) of the ane lew York, in respect to theatres and places of lic amusement, keepers of boarding houses for emi- Sawnvrokors vendors, hawkers and. pedlors: dealers an in gecond head articles, ee, of imtelligenoe offices, re, coaches and carriages and the ‘ewners and drivers , carts and cartmen, cabs and eabmen, handcartmen, omnibuses and omnibus @rivers, cars and car drivers, to the same extent as @Rough the said Board of Metropolitan Police was named 4p such laws and ordinances in the place and stead of pF c—_- Council, or or and Common H bongs officers of said city of yang page ues eg i ote and Tae shall excludé that of said Mayor, Common @ounci!, and Mayor and Common Counc.!, and other 1 and officers,” The section also contained those passed in relation to the matters therein re- Grape te ineduld Sapee dnt olfens anid the Board @t Metro. was fh amend, modity or ig rata wid Dudiey Field for plaintiffs; L, B, Woodraff for IncRaHAx, J.—The powers and duties which by this ‘act are taken from the es pee Authorities, and are fmtrusted to the defendants, have been exercised by ‘thowe authorities alone since there was es eens See twenty -fo sect! lontgomery char- and Metsibe others, similar powers re pony con- or conferred by statute down to the passage of t. It is most material for the purposes of this what means powers have been conferred. the that they were so intrusted to the municipal au- me for the purpose of " showing trom comm« gage < the city goverument these powers ve always been as local matters, peculiarly belonging to the muatc! ‘suthorities, to be controlled and exercised by But although these powers have always ‘thea been conterred.on municipal authorities, still they ‘ate not to be considered as chises vesting in the to the city authorities, and shouid be performed by Jocal boards or officers, So far as the power of legrsia- ton is in question, I cannot agree to the proposition that the necessary Jegisiation ja regard to all such officers’ duties is not appropriately witwin the power of the Legislature. The-e laws have always originated with tho Lecisatare, They the right, and havo always exercised the right, of prescribing and controiling the ywers and duties of all officers in the State, whoiher or general, unless in cases where the constitution of the State resirained that power; bat when the Legie- lature — beyond tbat power and directs the appoini- ment of local officers to be made by State authority, either directly by an act of the Legislature or indirectly, officers appointed by the Legis ature or by the Execu- authority, the tenth article, second section, of wh State constitution Conflicts with the exercise of such a wer. The difliculty which occurs to me, however, on Bits branch of the case is, that no class of persons re- ferred to in the twelfth section of this act can be sald io Delong to public offices. A license to @ person to tollow particular trade or business is not an appointment to , or does it confer any Of the powers or privileges of a public oilicer, It is a mere license to follow bis calling, whatever it may be, The duties to be performed are not pubiic duties, and the public have no interest 4m their performance or omission. The object of the Neense is for the purpose of controlling the busi- mess and preventing its beimg conducted ina mapuer to the public welfare, Heyond that the public mterest is not affected, and if the licensee meglocts to act under his license, the publ c cannot com- ‘The only ground of objection that can bo taken to these provisions under thie article of the constitution i ‘that officers to perform speciiic local city d ties eppointed by the State authorities, instead of Leing appointed by the city authorities or elected by the Such has been the louie om which I bave If the public charges the Commissivners be performed Sn oa has im their authority and func- of New York alone. In my jodgment if appointment by the Governor and Senate is not not be justified on the grounds that enabled this the organization and ap} Police bill,” In Clarke ire i 28 mn u i if i 23, 532°2257 there is any legisiation 1n to thie Board it is not | true the officers to jtted aro not | Our citizens. He was sent to the State Prison for local, and’the union. of those provisions with others | merely local offices, nok thoy, emcee nat created | Years Felating to local matters would necessarily render | by the bill itself, Bus their offices were created since CONVICTION POR AN ALLEGED ATTRMPT AT SODOMY. such Icgislation void. Ido not think it by any means | the adoption of the constitution, and they were ap George T. Mason was tried and convictedof ap at- | Coroner's f Clear that such an act can properly local | pomted by the State authorities,” and as tho functions | tempt as sodomy, charged to have been upon act, Even if it should be heldo be local so far as re- | conferred on them by the section under review Ernest F. Moore, a boy thirteen years old, on the 18th lates to the Tax law, the other portions would not be, | purely local, the case is the same, with reference to of May. It appeared from the boy's statement (the de- and it might be ® serious question, which should be ae eenepelinad Boon at Police | tails of which arc unit for publication) that the claimed to be local or that which is conceded to belong to general legislation. Since the decision referred to above was made the case of The i 5 People vs, Hills, Court of Apj December Term, has been decided, in which Davies, C. J., descrived the meaning of the term local, as applied to an act of the Legislature in the constitution, He says “Burrill defines the word local relating to place, belonging or confined to a particular pl distin- guished from general, personal or transitory.” This act (then under consideration) is purely local in its ap- plication, it has no force beyond a particular city or county, and is therefore confined to a particular locality. It is not general, and has no application, except to the Common Council of a particular city. I assume that the act under consideration was local, within the meaning and intent of the constitutional inhibition. Applying this description or definition of a local act to the portion of the one under consideration, containing the Tax law, it would warrant the conclusion that it was local, and ir 80 it might be improper to place in it any other subject than the one which it was. main object of the law wo enact. It jis not, however, necessary to place the de- cision of this case on this ground, There are two other Propositions which are made as to the validity of this section, viz: one that the Legislature could not dele- [oe to the Board of Mevopelivn Police the power of islation; and, tthe license fees being fo the sinking fund, the authority to Tepeal the laws granted to them is void, and cannot be enforced. These two objections may both be considered under the question whether the Legislature can thus delegate to the Police Board the powor to legislate as to licenses and \o amend and repeal corporation ordinances, The constitution provides that the Legislature may confer upon the boards of supervisors powers of local jegisiation, The granting of such a power to the Legisla~ ture naturally involves the supposition that they could Dot otherwise give such a power. If they could not give any such power to boards of supervisors without @ constitutional provision 1 am at a loss to see any au- ‘thority to bestow such @ power on a board created by themselves and not a ized body im the constitu- tion, The powers given to them are to legislate in re- jard fo local matters. In Bario ve, Himrod, 4 Selden, it was held that laws could only be enacted by the legislative bodies to which the | lative power 18 com- mitted by the constitution, I see no good reason why the Legislature should be allowed to commit to the Board of Police the power to legislate when they could not even submit to the people the question whether jn tact approve of alaw. See also Clarke va, City of Rochester, supra, It is said that municipal corpora- tions possess such powers, delegated to them by the Legislature. The power of legislating is a necessary Tight 0 a manicij ‘nd authority to confer on them legislative powers for local pi may be found in the ninth section of the cighth article of constitution, which makes it the duty of the Legislature to provide for the oranteniion of cities and 1 villages, &c., &¢. Bani of Ba e va. VY; Rome, 18N. Y. Rep., pp. 38 and 41. sach the; in existence when the constitu. tion was adopted, werd tepogaized and their charters 4 R continued, Such a recognition Would confirm to New York all the chartered powera and aitthority at that time. As to the right to repeal these Jaws, so far as they provided revenue which has beon pledged to the sinking fund, there can be no doubt as to the wut of authority even in the Legislature. The fist act appro: priating the revenues of the city to the ment of the Public debt was the act of 1812, ch. That act pledged all the revenues of the corporation to the pay- meat of the interest and principal of the debt then created, and they were to continue 80 until the final redemption of the stock. By the act of 1820, ch. 101, that pledge was applied to stock then to be and so by the various acts passed it wascontinued. The act of 1838, ch. 127, authorizing the Croton water stock to be issued, ‘applied all previous lawe as to the pledge of the faith and revenues of the a os e: yment of that stock, That debt is still in thereto wi public faith; and it ought not to be allowed. It is proper toadd that by this section these when received, are reserved tothe sinking eee objections only apply in part to the pro- visions of the twelfth sapien cneer Ponape viz, that portion yf] nthorized the Bo wo oe 3 but ie wand ol show the impropriety of vesting in legislate on such matters. capnot remarks on these questions than the of ap extract made by Chief sive language Davies in The People vs, Hill, above reterred to, maintain the constitution is our first duty; and if the for any cause encroached upon that erroneous construction has ? He ita readers.” I will only add technical bine should be trated by the courts. pinouts are entitled to the relief asked for, Jamas C. j.—The fs twelfth section of the act of to mm the case submitted to us, contravenes the provision section 1 ten, of the constitation of this which oe, “all city, lous, spe by the constitution, shall be cleeted by the such cities, towns and villages, or of some division thereof, pg renege ages en ae! a Legistatufe shall designate for Shes perpene. The sec- tipn of the act referred to to the Board of fetropolitan Police all the powers and duties conferred by law upon the Mayor, the Common Council, the Mayor and Common Council, and all other tazcept the Metropottan ‘Board of Health) reapect except the ropo! ), im respect torwe fled fon, and sea 23 eS aleo authorizes sucu amen modify or repeal all ordinances in force at the time of the of the act, concerning the occupations or matters in said section mentioned. It1s unnecessary at t to refer particularly to the subjects which the sec- tion enumerates ; it is suflicient to say that they all remte to the government of the civy and on matters of police, Metropolitan Police is composed of of the Metropolitan Police District, and are appointed by tne Governor, with the consent of the Senate. The dis- trict consists of the eounties of N ‘ork, Kings, West- chester and Richmond, and certain towns in the county of Queens, (Laws 1807, ¢. 569; 1860, c. 259.) it is argued on the part of ‘the plaintiffs ‘that aa the pro- visions of the section under cousideration are limited territorially to the city of New York, and tho duties which they devolve upon the Board of Metropolitan Police arec.ty duties exclusively, the section violates the spirit of the constitutional restriction referred to, The constitutional provision invoked by the plaintiffs bas been the subject of discussion and adjudication in the vourt of Appeals, The case of the People vs, Draper (15 N. Y., 582) presented the question of the constitu- Uonality of the act of 1857, which created the Metro- politan Police district, with its Board ef Police, and vested in the latter certain powers aud duties in re- spect to the police reuation of the whoie district, which uad been tueretotore committed to oflicers elected by the several local constituencies within the district, 1t was objected ia that case that the act of 1667 was ob- noxious to the constitational provision now under con- sideration ; but the objection was overruled. The judg- ment of tue court proceeded upon the ground that the officers provided for by the bill were not county or city officers, but they were officers of the district th iwed, and the functions committed to thom were to be exercised throughout the district, That was the turning point of the case, Chict Judge Denio, delivering the end oat peat Lice, the are officials of the character tofore existing under somewhat different piney for the city seed te te ops other territory annex ‘they have boen e! by the electors of the city, or of pointed by some assuming that constitutionally appointed, can regarded as jes of the city withi meanit of the constitution, Hence it that if the provisions of the statute had been | to the city of New York it ferred wo” (P, 640 a wepper it from thi ‘80 often ref ” @ ‘apparent eo inion tha: if the act GF ate7 had limited functions officers created to the regulation ‘of New York, it would have been ational. The views of the Court of | it j x8 city. were if i Z a Fe | Fy i i 25 a. = + ft ite 3 § a il { é E 2 z ia i 5 i E g g 3 a i F x Fi a z g 3 ; i r F 3 3 & z g 3 a i HI : | i : H I or bo aE i i z g HI rE) i gs i) i i i i 1 f i ti af jist HY old the ead question, as if been brought into existence by the act of 1867, with no other powers than those committed to them by the twelfth section Thus viewed the case obviously falls within the principle referred to, and must be controlled by it, unless excepted from its operation by the consid- erations which prevailed in the case of Lingny those more particular attention will now be di- rected. The functions which were committed to the new officers created by the act reviewed in that case were Of two classes:—(1) Those which were heretofore vested in the department of the city of New York; and, (2) Those which were given to “The Mayor, Aldermen and Commonalty of the city in Common Council convened,” and were part of their general corporate powers as an administrative and legislative body. In respect to the first class, it was held that neither the corporation called ‘The Fire Department of the City of New York,” as it existed Erie: to and at the time of the act in question, nor ihe officers elected under the provisions of its charter, nor the firemen who were members of the department, were public or civil officers within the meaning of the Constitution. That the corporation was not a municipal or political body, and neither it nor its officers occupied any greater official relation to the public than the officers or managers of the numerous religious and charitable corporations of the State.’ The second class of func tions consisted of an authority in the corporation of the city, to appoint the firemen and their officers, and power to legislate generally for their regulation. ‘These were held to be no part of the official duties of individual officers composing the Common Coun- cil, but to be vested in the corporation; and it was also held that the corporation of the city is not an officer within the meaning of the tenth article. It was said that “to diminish or restrict its general legislative or administrative power as a body corporate, 1s not to abrogate or change a public office in the sense of the constitutional restriction, I cannot adopt the conclusion that the legislation contained in the twelfth section can be justified upon either of the grounds above stated. Unquestionably the functions attempted to be transferred are those of public officers, They are not only the powers of the Mayor and Com- mon Council acting together as the legislative body of the city, but all the powers and duties respecting the subjects specified, of the Mayor as the sole chief execu- tive and administrative officer of the city, of the Com- mon Council acting independently of the Mayor, and of all other boards and officers of the city, with a single exception. The subjects to which these functions re- a are various Laoag mage : — pertain i a rsons engagi cular occupations an callfag ; others affect ie cceeeee and com- fort of the citizens at large. The section trans- fers the control of every public conveyance by jand, for the transportation of persons or pro- erty, and of every place of public amusement. And not only does it transfer all functions of an admin- istrative or executive nature pertaining to the sub- jects enumerated, but also the power of altering or repealing all existing ordinanc: relation to them, By the act establishing the Met Pohce district, it is made the duty of the Police to obey and enforce all ordinances of Common Councils and Boards of Super- visors, and town and village authorities within the dis- trict, which are applicable to police or health. (Section 5.) That provision is still in force, except that if section twelve of the act of 1867 is valid in the single locality of the city of Now York, the logisiative power of tue Com- mon Council is subordinated to that of the Board of baie If these important powers can be taken from city of who have heretofore exercised thom, and be centred in & new Class of officers, not elected by the citizens nor appointed by the city authorities, and who, ag to the function’ Stung gong red, are purely local officers, acting only within the city, he sopatitud limitation referred to is no protection Tighis In- tended to be preserved by it; for, in like manner, every function of every local officer whatever may be trans- to new local officers created by the islature. It is unnecessary to examine the ot aq ions dis- cussed in the ment, Upon the grounds abo' argu pon @ stared Tam of the opinion that the plaintiffs are entitled to Judgment, declaring the provisions of said twelfth gsec- tion unconstitutional and void, and restraining the de- fendants from exercising any of the powers conferred by it, Mr, Justice Leonard concurs in the jadgment, supnewe COURT=GncuT—PART 1. Interesting Case of Life Insurance—Payment of Pre in Confederate Money. Before Judge Peckham. Wm, R. Robinson, Assignee, de., vt, The International Life Assurance Sucidy of London.—This is an action jaent premiums Con- rE fi Me i i i cabin. When nearing the slip on the Jersey side the yacht Rambler, of which defendant was the proprietor, was revurning from a cruise and the steamer on her way to the anchorage of the New York Yacht Clab, While paseing the forcthes the yacht fired a cuntemene: salate on approaching anchorage ground, from a smal! piece of ordnance on the deck, and the ‘wad’? of the an passed through the mde of the Hoboken, flole six or seven inches in diameter, and injuring tho plaintiff. Mr. Haack sustained a compound fracture of the right arm, {t being oroken tn four or five places, and it is ali permanently disabled. One of the deck hands of the Hoboken testified that he picked up the wad on the opposite side of the cabin from the point of entrance; that it was about ten or twelve inches in length, and was compoeed of tarred Tope and paper; that it passed intact through the side of the boat, none of the strands having attached themselves ‘to the aperture, and that it smashed two or three chairs, Knocking the fragments a distance of seven to ten fe t “The defence has not yet devel iteelf Case still on loped trial. For the plaintiff, Chauncey Shaffer; for the de- fendant, Heary A. Cram. COURT OF COMMON PLEAS—TRIAL TERM—PART 2 Action to Recover Damages for Breach of Contract—A Disappointed Traveller. Before Judge Brady. Frederick @rimm vs, Roderick W. Cameron—The plaintiff sues the defendant, » shipmaster, for the re- covery of $260 damages for alloged breach of contract, ‘The-plaintiff alloges that on the 23d of November, 1866, the defendant agreed, in consideration of the sum of $100, to farnish the plaintiff a second cabin passage on board the packet ship Pactolus to Melbourne, Australia, which was to sail on or about the 10th of December. This the tiff contends, the defendant re- fused and failed teary ut, The answer denies every Before Recorder Hackett, The Grand Jury brought im ® number of indictments yesterday, and the prisomers-were arraigned in the after- noon. AN RX-POLICEMAN CONVICTED OF BURGLARY. z Be ili e i t li z 8 > zg B z Zz eS ry i # Ht : i ! e i i 4 il eg z ef 3 é ss { d was in the habit of visiting the Fourth street Methodist Sunday school, of which he was a member ; that he took him to the Central Park and other places, gave him money, and on the night in question attempted to per- petraie this horrible crime upon him. When Mason ‘was arraigned for sentence, the Recorder stated that there were other similar “charges against the prisoner. His Honor imposed the highest penalty which the stat- ute provided for this crime, whicn was imprisonment 1D the Prison for five y Mauritz Mendelsohn ‘pleaded guilty to an indictment charging him with stealing a pocketbook containing $23 on the 6th inst., the property of Heinrich Schlecher. He was remanded for sentence. ACQUITTALS ON CHARGES OF GRAND LARCENY. John Mullen was placed on trial cl with grand larceny. It was alleged that he stole a quantity of cop- Der pipe, which was on board a tug that was partially burned at Riker’s Island upon the night of the 13th of October, The property was owned by George W. Hol- man, and was valued at $100. Some copper was found in the possession of the accused, but as it was not legally traced and identified the Recorder instructed the jury to find a verdict of not guilty, which they did with- out deliboration, whereupon the defendant was dis- charged, James McGovern, who’ was jointly indicted with Michael Callahan, was also acquitted upon a charge of rand larceny, preferred by William S, Stilwell, @ ewer, at No. 167 Sullivan street, He testified that on the 9th of April he missed twenty half casks, estimated to be worth $100, The defendant’s place was searched and some of the barrels which Mr. Stilwell ciaimed as his property were found upon the premises, As there was a legal ifaw in the proot the Recorder instructed the jury to acquit the defendant, Hus counsel stated that ifthe trial had proceeded he could have shown by & number of witnesses that Mr. McGovern dealt in second Baad barrels, and was a man of unblemished reputa- jon. COURT CALENDAR—THIS DAY. enn bar er rarer 286, = hy > » 46, 49, 50, 51, 57, 58, 59, 60, 61, 62, 6: 64) 65; 66, 67, » thge cei : Surkgaé Courr—Crxcurt—Part !1—Nos. 775, 641, 247, 851, 852, 883, S91, 865, 3703, 1399, 1943, 1859, 1267, 249, 651, 1529, 1309, 381, 1367, 1353. Part 2—Nos. 610, 556, 302, °542, 1268, 1454, 740, 992, 934, 1320, 1688, 618, 224, 1600, 884, 1648, 552, 990, 758, Surrue Covrt—srectat Tera—Demurrers.—Nos. 8, 38, Issues of Law and Fact, Nos. 128, 203, 288, 165, 166, 154, 164, 168, 169. 173, 177, 180, 181, 182, ng 1 185, 189, 190, 191, 151, 157, 192, 193, 194, 200, Bin, 251, Ho, 6a, 258, 200, Be: 26s; 208) 218 281, 289; 303. ‘Call commences at No. 31d, SUPERIOR CoveT—TRiAL TeRM.—Part 1—Nos, 3199, 2325, 3111, 3095, 2929, 3217, 2509, 1975, 825, 2309, 3089, gi31, goer, ‘3069, 2725. Part 2—Nos. 2264, a0, 8256, 3264, 2028, 3224, 3034, 1762, 3264, 32 78, 3280, 3284’ 3286, 3200! sis ag Common PLeas—TRiaL TerM.—Part 1—Adjourned for the term. Part 2—Adjourned to Friday. Screume Court, Kixcs Cousry—Crucvrr,—Nos, 49, 50, ere ee 55, 59, 66, 61, 63, 64, 65, 67, 68, 69, BROOKLYN COURTS. UNITED STATES CIRCUIT COURT--EASTERN DISTRICT. The Right of Way of Vessels—The Duties of Large and Small Craft—li rtant to Pilots. Before Judgos Nelson and Benedict. Union Ferry Company ve, the Steamer Chesapeake. This action was brought in the District Court to recover damages for injuries received by the ferryboat Manbas- ‘set in a collision with the steamer Chesapeake, through the alleged negligence of the pilot of the latter. Judg- ment was rendered in favor of libellants for $6,382 57. An appeal was taken from Judge Benedict's decision. The following is the opinion :— ‘The collision in this case occurred in the East river on the 2d of December, 1864, at about nine o'clock A. M. Manhasset came out of her slip at the foot Haute a Es 8 Fy 8 if 2 FF ate ees i 5 : Hy | 88 Ee Hi 288 d 2 Fy 3 i H g i s nl i i (j z i i i | : : f i i a i HLS : £ i i k 2 i i i { pel collisica would have i We prefer however to lace the decision upon departure from the safe and Broa rule as established by law, that a veseel in the tion the propeller held in relation to the other vessel, it was the dat the latter to hold her course and of the former to keep out of the way. It should be made known that this rule on all proper occasions will be steadily enforced, and in case of a departure, followed by a collision, the onus shall be on the offen veasel to show # clear and andoubted case of excuse, No such excuse has been shown in the present instance, and for this reason the decree of the court below is affir- med, COURT OF OVER AND TERMINER. The Gold Street Trag Alleged Murderer, Skidmore. “Bofore Judge Barnard and Justices Hoyt and Voorhees. William T, Skidmore, who was indicted by the Grand Jary empanclied on Tuesday, upon the charge of hav. ing shot and killed Mr. Wm, Bishop Carr, with an air gun, in Gold street, on tho night of the 17th of May, ‘was arraigned in the Court of Oyer and Terminer yester- day morning. The circumstances of this terrible tragody have already been detailed in the columns of the Herat, and are, no doubt, familiar to its readers. The prisoner has retained all his apparent composure and air of boid- after bis and was ‘ess which characteri zed bim observed yesterday to laugh with several of those about as if be were not at all exercised in mind over serious inst him, a charge which, under circumstances similar to attendant apon present case, would seem likely to inspire any man whom it with dreadful feelings. Skidmore, however, affected an air of nonchai: ‘who could tell the real feolings of the man? Although tho fact was known to but fer th iy arraigned before the court Skidmore pleaded ‘‘not lity,” wherea iat the trial of District At is case be set down for Monday noxt. we subpenaed any witnesses for the prisoner that he might indicate, The Latest Eastern District Tragedy. Morris Ephraim, indicted on the charge of murdered Jobo Fi in Nioth street, Eastern District, on the night of the 17th of March last, was sino acrnigned and pleated neeguilty, The District Atior- ney said that he proposed to call the case on for trial next w or aller that of Skidmore was Boston, The inatier was Rance, Se ae sents to jail, the Grand Jury retarned to court adjourned. ‘THE WEW YORK COURT OF APPEALS. O’Brien to be Hang for Murdering His Min- tress. Aipasy, Jane 11, 1967, In the case of The People vs. Jeremiah O'Brien, who ‘was convicted at the New York Oyer and Terminer, some months since, of having killed his mistress, Kate Smith, im a house of ill-fame in New York, ond sentenced to be hung, the Court of Appeale have to-day affirmed tho Jadgment, and the day for the exeoution having passed, be ep Te dd ‘The following ie the day calendar of the Court of for Jane 12:—Nos 6, 9, 11, 34, 15, 16, 17, 1 22, 23, 24, 123, 1s THE NINETEENTH STREET TRAGEDY. Ring Mattie Greenman—Evidence as to the Motive which Impelled to the Com- mission of the Murder and Suicide. At half-past eleven o'clock yesterday morning, Coro- ner Wildey held an inquest on the bodies of the young man, Alfred R, King, and the young woman, Mattie Greenman, who were found shot on Monday evening, in their room, at No, 30 East Nineteenth street, Until the arrival of the Coroner the door of the room in which the tragedy occurred had been, from the moment of the finding of the remains, kept scrupulously closed, and when the door was opened to allow the jurors to view jgfbe bodies, the sight that presented itself to the hor- Tifled gaze of the beholders was one of the most sicken- ing character. The room, a smail one on the top floor, was neatly furnished, and the mantelpiece adoraed with several articles of vertu. On a chair a short distance from the foot of the bed the clothes of the young man were lying just as he had apparently thrown them before retiring. On an- other chair were the young girl’s garments. On the bed, which stood in one corner of the room lay the two bodies in the same position in which they were first discovered on Monday night. The young woman lay on her right side, with her face toward the wall and her right hand thrown carelessly over her left shoulder, in an attitude, in fact, which would bave led the beholder to believe her quietly sleeping were the belief not rudely dispelled by the blood on the sheet and tick that had flowed from two small bullet holes in the left temple, and the accu- mulation of froth about the mouth. ‘The young man lay on his left side, with his limbs hanging out of the side of the couch and his face buried in the pillow, which was cov- ered with blood from a bullet wound fn the right temple, his position indicating plainiy that after having shot the Woman while she was asleep, he bad either stood by or sat down on the bed and shot himself. There was no evidence that went to show that the woman had been lulled to sleep by any narcotic, The bodies, owing to the Jength of time that had elapsed from the hour the mur- dor and suicide were perpetrated to the hour of the sit. ting of the jury, were very much discolored and emitted an odor that was almost unbearable, As will be seen by the testimony swarn to at the inqui. sition, the rag motive which actuated the per tration of the bloody deed was caused by that dou! misfortune which has been the source of so much mur- derous bloodshed in all times past—pecuniary troubles and a pretty woman. The suicidoin the present instance bad been brought up im a respectable family and had hhad many opportunities to do well in life, which other young men would have turned to good account; but he, as the evidence shows, in an evil hour, chose companions who encouraged “fast living” and dined often at h's expense; and then he became infatuated with a pretty woman for whose sake business was neglected, expensive carriage rides were taken, money was squandered, until murder and suicide closed the career of both, After the bodies of the deceased had been viewed by the jury the inquest was held in one of the pariora on the second floor of the building, The following is the testimony :— ‘TESTIMONY OF EDWARD MERRITT, Edward Merritt sworn—I reside at No. 190 Washington avenue, Brooklyn; I am first cousin to Alfred R. King, deceased; of late he had had pecuniary troubles; I don’t know whether they affected his mind or not; when I last saw bim, early in April, they seemed to worry him. a good deal; the troubles consisted of losses in business ; I once heard him say that perhaps some time or another i, be said this in a poeg | jarried or not; death peck LT) in ‘morn! ; he was som it] in the gas fitting business S the firm of M. TL. Carte & Co, ; I do not think he has been in any business since he Jeft the TRSTIMONY OP CHARLES H. MACY. Charles H. Macy, sworn—I reside at the Sherman House, 413 Broome street ; Iam acousin of the deceased, ‘Alfred R, King; I saw him alive for the last time about halt-past five on Sunday afternoon at the Sherman House; he seemed to be very mucn troubled in mind; he said to me, “On Saturday I at a pistol to my head twenty times and finally I could’nt get the courage to do it;” the cause of his trouble was loss of money; the money he lost ($11,000), with which he went the firm of M. L. Curtis & Co., he spent in fast living; I loaned it to him about two ‘ago; he went into business when I loaned him money, and continued in the gas fixture man business until a ago last February, when he withdrew from the A since then he seemed to be li very fast—play- tng and betting ivi suppers and on billiards, to amusements of various 31 at he lived with a young woman at this house; sever saw her alive; I ‘as goon as I ‘one. ‘sold, but he thinks itwas mine. Hedid no: know I stole it. Give my to father and mother, and God bless ryeell., a ever, be b. Bi us both together, Howard. It is the last juest I make of you. ‘Do, Please, ‘a. R, KING. ‘way, and was kee} her; went by Mattie Greenman ; I heard that they had been living to- gether about eight or nine months; he also told me that he liked her 1 enough to her, and would de 80 were he in ston pear ene: be told me omer yn nded a good money for 0 way of jow- bm ay carriage dresses, &c.; I believe thaf the name Greenman was assumed by the she hat formerly lived with a man of that name; I also from Mr. King that she had a table mother and sister in Brooklyn, the former of whom Alfred had often sent money, as she was in stances. TESTIMONY OF SARAH TAYLOR, Sarah Taylor swora—I am a servant in this house; I found tho two deceased in the'r room at five o'clock last evening; we noticed that they had not been around the house during the day, and on examination I found the keys in the door on the inside; I pushed them through with another key and unlocked the door, and found them lying im bed dead; 1 afterwards went after ap oilicer. ‘TESTIMONY OF MRS. LAURA BLANCHARD. Lanra Blanchard sworn—I let out rooms in this house that I do not require; 1 do not keep a vary. ys the deceased came to live here about the lat of March; they bad resolved to leave here to-morrow; he had always paid bis board larly until within the last three or four woeks; he had not taken meals in the house himself for a week or two t; they were here talking and laughing togetber on Sunday a pleasant as ever; I did not know wh ‘they were man or wife, ‘more than that she told me she was Mra. King, and that he was her husband ; I was not in the house at the time Saco unatecmsee Genera ae antares being in the room inks, a re- or a pistol about ej at’ or nine o’clook jor about the occurrence: MAR, port morning; I Gerard E. Beekman sworn—I am a patrolman of the Twenty-ninth precinct; I was detailed down to the fair in Sixteenth street; the girl came there about ten in the evening, and told me there were two persons dead Dr. Wooster Beach sworo—I have made an examina- tion of the bodies of Alired R. King and Mattie Green- at the former came to his death by a in the and that the death of the by two pistol shots; the bullets in in the brain, aod the wounds caused my opinion, sufficient to cause death. THE VERDICT, with much by 4 pistol, on the 10th day of June, 1507, at No, 30 Bast Nincteonth street, ‘THE EXD, After the bodies had beon placed under the care of an undertaker, soon after the rendering of the verdict of the jury, it was discovered that the young woman's right arm bore, in India ink, the represontation of a hand holding a scroll the three fetters “J. R. G.'? imprinted upon it, These letter: is), 10 all probability, afford some clue to the real name the wearer, Pre- tions Were acti’ y lay afvernoon by the relatives of the suicide to have the unfortunate pair buried in the same grave in Greenwood Comotery. EMIGRATION STATISTICS. orm the monthly matistics of emigration furnished at Castle Garden, in this city, it will be seen that during the month of May the arrivals have been in very large nombers, and that a majority of the new comers have journeyed to the far West, to establish themselves whero there are no crowded communities to hinder them in the working out of their fortunes, The total number of emigrants arrivieg during the month was 36,120, as followe:— Bi pakiutaiion, Alabama 1, Australia 1, Canada Nonnecicest 648, Delaware 36, District Florida 8, 5, Ilinvin 6,063, lewn 987, Indiana 604, Kentucky 180, Kansas 12, Louisiana 13, Masaachu- setts 1,870, ‘Maryland 127, Maine 72, Michigan 1,047, Min- nesota 922, Missouri 747, Mexico 3, Missiasippi 13, New Hampshire 81, Nova Scotia 9, New York 13,255, New Jersey 929, Nebraska 127, North Carolina |, New fruns- wick 12, Rhode Island 887, Ohio 1,608, Pennsylvania 8,579, South Carolina 12, South America 2, Texas 20, Tennessee 56, Vermont 45, Utah 12, Virginia 142, West Indies 1, Wisconsin 2,672, Colorado 9. POLICE INTELLIGENCE. A JerseyMan Swixpurp in Broapway,—Yesterday af- ternoon Mr. James Post, a resident of Bergen county, New Jersey, was roped into a bogus jewelry establieh- ment in the basement of promises No. —— Broadway, nd while there was persuaded to join a map, who en- ered thé place immediately after him, im making u; sum of money to invest in a game of chance, by which Post was led to hope or believe he would succeed im realizing about $200. The drawing proved a failure, and Post, losing his money, caused the arrest of William Gillen, who caused him to part with his money. Gillen was taken in charge by detective MacDougall, and arraigned before Justice Dowling, The magistrate, after hearing the case, remarked that if the police would devote moro of their time in breaking up swinding shops in Broadway, and less to watching disreputable houses with dark lanterns, the public interests would be better | subserved and a fewer number of persons defrauded of their ey. examination, ‘Terr or 4 Horse anp Wacox.—Lewis A. Sayré, M. D., residing at No, 285 Fifth avenue, on the after. nov, of the 10th inst. left his residence for the purpose of paying a professional visit at a house in Fourteenth street, Arriving there he tied his horse to a post and went into the house. Stopping inside a few moments, he came out and discovered that his horse and wagon were nowhere to be seen. Nothing further was heard of the property until about ten o'clock atfnight, when colored boy named Jones called on the Doctor and ga¥ such information as led to the discovery of the prepert: and the apprehension of tho alieged thieves, Yesters day three young men were brought before Justice Dodge on a charge made against them by Dr. Sayre of having stolen a horse, wagon and blankets, valued ag $1,200. On being examined they gave their names ag William Rieliy, John Faller and James Gordon. Gor_ don, however, was subsequently discharged from any complicity in’ the act, and the other two were commit ted for trial in default of $3,000 bail. Axoruer Horse anv Wacon Cask.—A day or two since a gentleman drove up to one of the parks in the upper part of the city, and after alighting from his wagom gave it in charge of one of the attendants of the estab- lishment, A short time after, it is alleged, aman named Edward Donohoe went deliberately to where the horse and — were, took them out, aud endeavored to escape with them. He was closely followed by the attaché of the establishment and an officer of the Thirty- first precinct, When arrested, instead of goingguietly to the station house, the officer charges he ited him, Yesterday he was brought before Justice Con- nolly, chi with grand larceny by Henry Stepelman and) assault and battery by the officer. He was held for further examination. ALLEGED LARCENY FRoM THE Persox.—John Marsh, of 350 Third street, states that yesterday, in company with a friend, he went into a house,§{No, 45 Essex street, and that after a while another man, named Edward Thomas, also came in and took a seat convenient to him. That, feeling tired, Jonn thought he would takea nap, a while sleeping, he was aroused by the withdrawal of ‘Thomas’ hand from his ket. After this he was pushed ont of the place by the same man. When on the mdewalk Marsh put his hand in his pocket and dis- covered that his meney amounting to $85, had been abstracted therefrom. He then accused Thomas of the theft, who, after striking him, ran away. Ho was subse- quently arrested iegpelinn coe before Justice Shandley, who committed the for trial. PostronamEnT or Tax StorvesanT Lines, Case.—The ex- amination in the case of Mrs, Catharine L, Stuyvesant ‘vs. the New York News Company for libel, which was to have been continued before Justice Hogan, at the Tombs, yesterday morning, gun to the absence of witnesses, was further adjourned till four o’clock next Monday afternoon, A Covoaen Transacrion—Taz Two Powr1s.—Susan Powell, a colored isdy of the Quaker persuasion, ap- peared before Justice Dodge, atthe Jefferson Market Po- Nice Court, yesterday, and made a.complaint against Julia Powell, who is also a “colored pusson,” and committing an assault and using rn towards her. facts of the case show Gillen was committed to the Tombs for certificates of character which she had various people more or less known to the public. number of witnesses were examined on both sides, from the testimony adduced the magistrate imposed a fine of $50 on the accused and cautioned her against any further such exhibitions of her temper. THE CUSTOM HOUSE. The following letter from the Collerter to the Surveyor of the Port of New York, sets forth the real extent to which the baggage of passengers is taxed after under- going the scrutiny of the Custom House officials:— Custom House, New Y: Couscron’s Orrice, Jane 11, 1987} Smr—In view of a now authorized publication—inaccu- rate in some particulars—wbioh has recently appeared, relating to baggage of passengers arriving in the United States, and the liability to duty of the mae t deem it proper to issue the following instructions on Gabiect: ‘Wearing apparel in actual uso, and other personal effects (tet merchaindiee), professional books, imple- ments, instruments, and tools of trade, occupation or employment, of persons arriving in the United States, are exempt from duty—the exemption not including machinory or other articles tmported for use in any manufacturing establishment or for sale. t Household effect# of persons or families from foreign countries, if used abroad by them for one year and not intended for any other person or for sale, are likewise exempt from duty. Paint and "Niateary, the ction of American artists residing abroad, provided the fact be certified by the artist or by a Consul of the United States, are en- titled to free entry. The ent has always been entirely opposed to the enforcement of any rules or ulations in regard to the baggage of passengers arriving in this country which oF ve. The term ‘wearing apparel in actual are oppress! tee wll extend to the a ten « wardrobes of per- sons arriving in the United whether new or old, the articles of wearing apparel are not obviously excessive in quantity and quality, bot are befitting the — condition and station in life of the owner. will be taken to select for the duty of examming baggage officers of superior intelli eand igme and passengers will pot be su! to any unnecessary annoyance. HENRY A. SMYTHE, Collector. Abuam Waxeway, Esq , Surveyor of the IWTERWAL REVENUE, Removal of Whiskey—Im tt Order Exe pected from Was! ton. A large number of the frauds perpetrated on the inter- nal revenue in this city have been chiefly occasioned by the removal of whiskey, on very poor and insufficien bonds, from one part of the city to another, and im some instances to far off places in the State, by means of which the article was eventoally perseccta es free whiskey. In consequence of this the mis sioner bas been in consultstion with the eet ty ea “4 for the last few. weeks, elauen on by one of them on the subject, The at deeming the suggestions thrown re oa ent Sey el aca as species of swindling, the government hes propositions: LS bod ‘i Soaeauenes d from oe prohi biting an order 1 der onded whiskey beyond the district im which ft may be stowed at time. This order will not, of course, apply to liqaors required to be removed for purposes of exportation, Collections in Eighth District. ‘The books at the Assessor's office in the Eighth dis- {net have been completed for the year ending January, 1867, and the income returns up to that period having been also finished, they have been turned over to Col- lector Smith, and the collections have already begua, This is the first district in the city ready this year, OBITUARY. Brevet Major John A. Pardy, Jr., U. 8. A. By o circular from Brigadier General A. A. Hum- phreys, Engineer Department, at Washington, we learn of the death of Brevet Major Tardy, of the Engineer Corps, at his residence in D.C, on the 34 a tate of New York, and | i Widow of Dr. Hawes. Mra wile widow of Rev, Dr. Hawes, died yesterday ‘afternoon at Hartford, Conn,, at the age of seventy-six years.