The New York Herald Newspaper, June 14, 1867, Page 8

8 THE COURTS. WRITED STATES DISTRICT COURT. tion of the Champagne Unses, Before Judge Blatchford, The Umnied States against 3,109 Cases of Champagne, Bb Morceaur & (»,, Claimants, —The hearing in this case ‘was resumed yesterday, Reaben B. Robinson, op the etand when the court ad- Journed the previous day, was recalled and bis exam- navon resumed Witness was the Custom House efficer who apprased the wines in question, He deposed that tne wines of St Marceaux, the wines in litigation, lay mm the Custom House from June to September, three months Te Mr, Webster—The cause of that delay arose from a wish expressed by the Collector of the port and the So- uwttor of the Treasury, to the effect that the appraise- ment should be delayed till they had receivea some definite information upon which to base their appraise- ments of the value of these wines. Difficulties bad urisen in San Francisco between merchants there and the agents of these Champagne wines. Witness was tien examined as to the reasons which guided him in appraising some wines valued higher and some Jower than others; the red, lac was appraised # franc less than the carte noir and carte blanche; the royal St. Mareeaux (one of the brands of wine iu dispute) ‘was appraised two francs more than carte noir and carte Wanche on the quart bottles; the value of the wine de- uded principally upon the quality of the crude or rat wine; al the Custom House we fixed the value of the wine at the rate it was valued at in the place of pro- duction; was not ruided much in appraisements by the valuation of the wine in this country, nor materially by %s reputation at the piace of manufacture; the ap- prawement was principally based on the value of the Taw wine, and not the price of the wines here; passed champagne wine as low as ¢igbteen francs a dozen for quarts, and as high as seventy-five francs; the difference ‘ the valuation 18 greatly owing to the condition of the ‘crude wine, and the changes in our appraisements are made according to our opinion of the value of the raw ‘wine; 11 the lables were taken off the botties might not Know the difference of the grades of the came quality ef wine, but could distinguish a superior from an infe- wine; could not receive reliable information of the ‘value of these wines in the markets of France. By Mr. Evaris (letter shown vo witness) —Recollected Jhaving the sulyect matter of this letter brought to his attention at the ume the question as to fixing the value ‘ef these wines was under consideration, The letter was offered in evidence Mr. Webster objected on tbe ground that the letter had ot been sufficiently identified. The Court sustained the objection, and examination on the point was not pressed. ‘The Price Current of Bouche, Hils & Co. (the wines of this frm are also meiuded in the litigation) was handed to witness—Saw this paper, or something corresponding be at—w fac simile of it. ‘The Price Current was tben offered in evidence, Mr. Webster objecied, and the objection was over- Cont Witness—They were dccupied for about two months n the appraisement of these wines; the wince of the different importers were under consideration at the game time and simultaneous action was taken with yegard to them; proportioned the advance according % the relative quality of the wines to the best of our Judgment, Alexander McLeod examined by Mr. Evarts—Certi- fied the affidavits taken before him on entry of the several shipments of champagne involved im this suit, F. 1, Nicol recalled for the government—Was fami- Bar with the signature of de Si. Murceaax, as used by them at the Custom House; never saw auy of the firm write (Invoice handed to 'witness)—Is that the signa- ture of de Marceaux & Co, to that paper? Mr. Webster, objected: Overruled, daken. Witness—I should say the signature to this Is the Same ae that to all tue invoices of that firm. A letter, addressed to E, Leuchtenrath by de St. Mar- caus, dated November 7, 1863, was read in evidence, @ubject to the objection of counsel for the claimants, zh totter, which was admitted in evidence, was as fol- w3 and exception IBxhibitA.) . urs, Noy. 1863. ‘Mr. E. Levonrennaty, 10 Citie Trevese, Puris.— bin—lic have the pleasure of answering the letter which you have been kind enough to address to us on the 4th ‘eurrent, and state that we make but wines of the very first quality, and that we sell but kinds, namely:—The Carie Hancve at BF, Tic. the Champague Imperial, at 4f., and x ‘The 2-2 bottles F 0 more the ‘ouste for packing, ull other costs at the charge of the buy. Payable in six months or cash, three per cent discount, jar orders are considerable and cash we will allow you yond the discoudt of three per cent a commission of ten per cent added. In the hope that these prices and conditions ‘will suit you, we enclose our labels and are, air, sincerely your, DE ST. MAKCEAUX & CO, Jobn Marshall called for the government—Resided in Rondon; was never im the winé trade; was employed ‘Dy the United States in 1866, and in consequence came to this country and was @ witness in the wine cases in ‘Ran Francisco; knew the house of St. Marceaux & $4 bas an agency in London, Groves & Co.; they ha Price for their wines for ex; baie) of charge on board at Havre; the house of Rue, Penwick & Rie dealt in (wives, they bought in Fran Ubrough agents in Lon. ‘don, placed fre: on board at Havre; the duty of witness, who re eugaged can — ee (Beem was to us loure in London ; know Tia \wine of Be slarceaus & Co. hore are ave vetes of champagne, classed first, second and third, op which hey put their brand; they also have wines on which ‘hey do not brand; was familiar with the wines branded Dy St, Marceaux; the first grade sold at sixty francs, ®econd fifty-two, and third thirty-five francs a case, Quarta, delivered free on board at Havre; had been to geo a win? manufacturer at Rheims, in the year 1 with respect to a large quantity of champagne he repre- sented he was desirous to purchase; was told by the maputacturer that he could only deal with him through Des agent in London; one firm in France offered niin champagne wine at forty-seven shillings English, free ou board at Havre, and at foriy-eight shillings in Lon- don; (Price Current of St, Marceaux firm produced ;) received this from the agent of de St, Mareeaux ia Londou ; 4% is only intended for the trade; the price list is in billings; a shilling a cage is taken off on wines in bond fi to London; all the foreign houses have ‘agencies in London, apd have their Price Current, and in every respect conduct the business of disposing of and ‘exporviog their wines in the same mode as St. Marceaux; the Price Current here I obtained from the branch bouse of Jules Mumm & Co., in Londoa. (he Price Current of Heidsck & Co., obtamed by the witness in London, and another of the firm of Moets & Chandou® were @ffered in evidence) Went to the manutactory of H. Piper & Co. and inquired there at what prices they would sell wines free of duty on board at Havre, Dor was referred to the agent in London, Mr. Piper deciiming to give him any information in the matter; inquired from the agent of Jules Mumm & Co, ‘and ascertained that their wines sold at forty seven sh Tings, free on board, at Havre, and forty-cight shillings on Yabaos; they dechned to sell wines at a lower figure; ‘was informed by the firm of Moete & Chandon, at Eper- ney, of their prices, and was told that the wine would ‘coat five shillings more to get it m London from & ney , had visited the champagne district in France, and ‘witnessed the process of manufacture, visited the of several houses; a ‘‘cuvée’’ is the collection of se cvintages ; has seon the carte blanche and carte noir of St. ‘“Marceaux here and in London, abd the quality te the same. ‘Thie closed the direct examination of the witness, Mr. Webster thea asked for au adjoui for the . The cross-examination of the witness stand, he said, would take up considerable time, and as it was Bow tate he thought no loss of time would be incurred Dy adjourning at thie stage. There was no objection on the part of counsel for the government, ‘The proceedings in this case attract much interest, ‘and the court is daily crowded with members of the bar, ‘with the parties in ligation and their friends, aad with array of witnesses. Counsel for the governmet . & G. Courtey, United States District Attorney, and Iaessra Evarts and Lowry; for the claimants, Messra, Webster & Craig. UNTED STATES CiRCUIT COURT. The Prussian Extradition Case—Impo WDecision—The Action of Commissio White Sustal 5 Before Judge Shipman, In the Extradition of Philip Heinrich —It being known thai Judge Shipman would yesterday deliver his opinion 4p the extradition proceedings had before United States Commissioner Kenneth G. White, brought before Lim by cwrits of hatexs corpus and certiorari, considerable interest ‘was manifested in acase which has occupied so much ‘Of the time of the counsel engaged and of the courts, ‘The Prussian goverument was represented by Mr. W. Zach, Acting Consul General, and by Mr. Henry D. La- peogb, ite counsel in this country, The prisoner, with be counsel, Mr. Charles Wehie, was aiso present, The opinion of Judge Shipman was very lengthy, going soto all the points raised by counsel, The follow. Sng ‘# an abstract therefrom — ‘On the 4th day of December, 1866, the President of the Vnited States, upon the application of tue Karon Vou Gerolt, accredited to this government as Envoy Extraor- @inary and Minister Plenipotentiary of Prussia, issued lhe wandaie to the proper Towing? of the United Blates, requesting them to arrest Philip Heiarieb, Joged fugitive from Prussia, charged with the cnme of forgery, that the evidence of bis criminality might be Deard and considered, and if deemed sufficient to sustain it be certified, together gs, to the Secretary of wm order that a warrant might issue for the under the stipulations Uni Slates ‘were Safed that the | ommissoner came to a correct copclu- sion, and shall therefore dinmise the writ and remand to the custody of the Marshal, to be held ander the Commissioner's warrant to await the action of the executive anthorities at Washington. finally dismissing this caso | will endeaver to whieh may vend to prevent some of thas ancertamty, confusion and prolixity whied 0 oftem characterized these proceedings H i: ve under our ex- and vessels, The defendants gave a bond upon the dis- charge of the vessel, and this action was brought upon that bond. The defendants contend tbat although the agreement for the work was made in New York, the labor was partially performed at a New Jersey dock, and that there is therefore no lien upon the vessel. The issue was tried before a referee, who reported that the Plaintiff was entitled to the amount claimed, but that he had no Nea upon the ship: because the debt was not ated at performed in this State. There would be no lien if the defendant's theory were correct, were the work per- formed anywhere on the Hudson river west of the line between New York and New Jersey, as fixed in 1834; and if asbip lay west of that line, and were unloaded from lighters, there would be no len, The phraseolocy of section 2 of the statute shows it to have been the in- tention of the rendered anywhere in the port of New York, when it speaks of the vessel's leaving the port at which the debt was contracted, and the port of New York refers to the over all the surface of the waters for certain purposes, and the judgment, being in furtherance of justice, stould be aijrmed. der which he holds bis office as a commissioner for that Purpose, « Gia re Kaine, 16 How. Rep., 144 and 145. piece of documentary evidence offered by the agents ef the foreiga government in support of of the of criminality, should be accompanied 4 certificate of the pringipal diplomatic or consular offi- cer of the United States resident in the foreign country from which the fagiti hall have escaped, stating clearly that is properly ana begaily authenticated, so as 1 entitle it to be received in evidence in support of the ume orn ebarge by the tribunais of such foreign antry. #vurth—The Commissioner, before whom an alleged fugitive is brought for hearing, should keep a record of all the oral evidence taken before hima, taken in narra- tive form, and not by question and answer, together with the olyections made to the admissibility of any portion of it, or to any of the documentary evidence, briefly stating the grounds of such objections, but should de trom the record the arguments and disputes of counsel, FiyUi—The parties seekin; he extradition of the fugi- tive should be required by t missioner to furnish an accurate translation of every document offered in evidence which is in a foreign language, accompanied by ‘an aifidavit of the translator, made before him or some other Umited States commissioner or judge, that the same is correct, Sizih—That the complaint upon which a warrant of arrest is asked should set forth clearly but briefly the substance of the offence charged, so that the court can see that one or more of the particular crimes enume rated in the treaty is alleged to have been committed. ‘This complaint need not be drawn with the formal pre- cision and picety of an indictment for fina! trial, but shouid set forth the substantial and material features of the offence. Seventh—It should be understood that in the exercise of this power of revising, on habeas corpus, the judgment of the Commissioner, this court will not reverse his action upon trifling grounds, nor for mere errors in form. When designated by the court he is fully empowered to hear and decide the question of criminality, and where he has Jegat evidence before him this court will not reverse hit judgment, except tor substantial error in law, or for such manifest error in fact as would warrant a court in granting a new trial for a verdict against evi- lence. 1 have had @ full consultation with my brethren, Justice Nelgon and Judge Blatohford, in refereuce to this case, and I am authorized to state tbat they concur With me in the views expressed in this opinion. Let an order be entered dismiesing the writ of habeas corpus in this case and remanding the prisoner to the custody of the Marshal, on the Commussioner’s warrant, BANKRUPT COURT. Important Order—The Power of the Court to Stay Proceedings on a Judgment Obtained in the State Courts against a Debtor who has Filed his Petition. Before Judge Blatchford, In the Matter of the Banvruptey of Alfred Beardsley. — The petitioner in this case having, on the 12th day of June last, filed his petition in bankruptcy in the office of the clerk of this court, for the purpose of obtaining the benefit of the act, and it appearing to the satisfaction of ‘his court that Henry G. Law obtained a judgment in the Supreme Court of the State of New York against the said Alfred Beardsley on the 6th day of April, 1866, for the sum of $1,754 70, for damages and cosis, and that an execution upon the said judgment against the property of the said Alfred Beardsley has been returned by the Sherif! wholly unsatisfied, and that the said judgment is a debt preferable under the bank- rupicy of the said Alfred Beardsley by virtue of the said act, and that proceedings are now pending in the said Supreme Court, by means of an order, for the examina- tion of the said Alfred Beardsley, and on hearing of Ed- win James for counsel, it is hereby ordered that all pro- ceedings under the said order, and all further proceed- ings on the part of the plaintiff upon the.said judgment, be hereby stayed, to await the determination of this Court on the question of the discharge of the said Alfred Beardsiey under the said act. SAMUEL BLATCHFORD. PETITION FILED. John W, Craft, of No. 22 Rose street, filed bis petition in baukropigy yesterda; SUPREME COURT—GENERAL TERM. Important Decision Regarding Lie sele—Where is a Debt Contracted? [Before Judges Leonard, Clerke and Welles. Michael Mullin, Appellant, vs, Edward :Hincken, ¢ al., Re-pondents.—The plaintiff sued to recover $871 due him for services as stevedore in loading the ship Julia in May, 1864, The vessel was attached under the act of 1862 providing for the collection of claims against ships Ves- contracted in this State, The appellant contends that the written contract, under which the work dated and executed in its terms, to carried into effect outside @ limits of the State, and the vessel was at that time within the State. A debi is contracted when and where the agreement is made, where the parties reside, where the payment is to be mado, and where the subject of the contract is situ- ¢ time of making the contract, all of which laces wero in the present instance in the State of New ‘ork, It is not necessary that the loading be actually Legislature that the services might be whole harbor, ' The State of New York has jurisdiction The respondent holds that the statute gives a lien for a “debt” contracted ‘‘withia this State,” among other things “on account of loading or unloading.” The asree- ment to load this vessel was made in New York. The work was performed in Hoboken. There was no det unti! the work was performed or goods furnished. Th work claimed for in this action was performed in the State of New Jersey, The vessel was fastened to the 4 Hoboken, in the State of New Jersey, and was lying in the waters of that State, and no lien’ could at- tach by reason of the statute of this State. The agreement or convention between the States of New York and New Jersey, entered into 1833, and confirmed in 1834, makes the centre of the Hudson river the boundary between the two States. That con- vention also provided that New Jersey should have the exclusive right of ty to land under water lying west of the midd! jurisdiction over the wharves, docks and improvem made or to be made on the shore of that = a all vessels aground on said snore, or such wharf or ‘dock, except as respe q " health and emigrant laws. The act of 1862, providing for tne collection of demands against ships and vessels, 8 unconstitational and void. Case argaed. Decision reserved. For the appellant, W. W. Gooderich; for the re- spondent, R. W. Andrews, SUPREME COURT—CIRCUIT—PART |. Another Acti fer Damages Against the Third Avenue Railroad Company.—The plaintiff sues for $10,000 damages for personal injuries resulting from the alleged negligence of the defendant In August, 1865, Hermann Verick, a little boy about eight years of age, was run over by one of the defendant's cars in Third avenue, between Twenty-pinth and Thirtieth streets. It from the evidence for the plaintiff, that the child, with @ lite girl somewhat older, attempted to cross the avenue when the car in question was approach. ing on the up trip. The little girl, being im the advance, succeeded in crossing the track safely, but the little boy, Hermann, was run over and had his right ankle crushed, ‘A passenger, who wason the front platform of the car, tertified that car, which was anally rapid rate at the time about four mimotes), and them Taal at @ run, and doy, seeming frightened by the shouts of the driver, endeavored to stop before croasing the track; but the streeta, having been previously sprinkled, were wet; that tbe boy's feet slipped and he fell on the the wheels passing over bis leg. This witness was of the opinion that if the driver had not hailooed to the boy he would have crossed safely, ‘Dr. Shultz testified thai the ankle bone was crushed into fragments and the soft parts of the leg torn and motilated within afew inches of the koce. Amputa- ‘after consultation with two other su jas de det three injuries as being ae & one of which would justifiable reason © operation, bate anes car testified that at the time he saw he was ie tp hs ee from tape, the car in time the car was not being drivea hour. The conductor and an- the aces ies pees had failed to agree, after being wo hours, ani eile awestes to return @ sealed verdict this morning. Heuty A. Cram; for the defendan, v, SUPERIOR COURT—TRIAL TERM—PART 2. Inforesting Action tm Relation te Patent Rights. Before Judge Jones, Wm. Blmer ve. Robert W. Milbank. —The plaintiff snes for the recovery of $40,000, which he alleges is a debi, contracted under the following cireumstances:—Un the ‘tb day of March, 1864, the defendant purchased from Mr. Rimer one undivided three-cighths part of foar let- ters patent of United States of America, for the sum'of 950,000, to be paid in areaso- able time, The property 00 trapaferred the following righte:—Letters peuget for tbe Vinited Maven Of Americn for improve sented to me which could induce me to pause tencing you, to the full penalty which the law prescribes for offences of the grade of which ‘the facts, had you hi jndged them (especti ments in apparatus for prodacing olefiant sas, issued August 4, 1863, No. 39,387; letters patent for improve- ments in producing Miuminating gas, issued same date, No. 30,388; letters patent for improvements in fhanu- gas, 16th September, 1863, No. ments, issued Fe MN 431, Une Snousand Atay agg Beg to the plainuf’s version transaction, and the of s remaining $49,000 is sued for in the present action, The defendant admits the purchase of the letters patent and the payment of $1,000, but claims that by moneys advanced to the plaintiff for various purposes, on three distinct and separate occasions, he has paid him upwards of $46,000, and that plaintiff nas never transferred to him the property under the stipulated agreement, by the terms of which, the defendant contends, he was to have the exclusive right to ail improvements in illumi- nating gas in which the plantiff might subsequently make or discover, and that defendant was to have the sole right and utle to ail letters t rasued to ir at the time of purchase, or which should be thereafter issued for improvements not already perfected. The defendant tmsists that letters yt had been granted by the government of Great tain, France and Bel- gium to the plaintiff, and that be has not transferred the same, or any further title to the otper letters patent than the certificates, the patents being fh the possession of the Acetylene Gas Company, a stock organization formed on the basis of the undivided three-eighths of the letters patent before mentioned as having been granted by the Unitéd States government Case still on tral. For the plaintiff, Dudley D, Field; for the defend- ant, William Fullerton. COURT OF GENERAL SESSIONS. Three Alleged Mur. re Sent the State Prison—Trial for the Alleged Killing of Mrs. Lanergan, Before Recorder Hackett. At the opening of the court yesterday morning, three men, who were indicted, charged with murder in the first degree, were disposed of before the calendar was taken up. The first defendant placed at the bar was Charles B, Manual. Mr. Goldey, his counsel, spoke a few words in his behalf upon making a plea of manslaughter in the third degree. District Attorney Hall said—If the Court please, when I was notified in this case and in the others that pleas would be put in this morning, I caused one of the officers to take to your Honor’s office all the papers in this and the other cases, with an opinion of the Court of Appeals, It is, perbaps, due to the cause of public justice that I should state the reasons why it is tbat a man who has beem once convicted of murder in the first degree, and bas been sentenced to capital punishment, should be allowed to plead guiltysto manslaughter in the third de- gree, The case was removed under the statnte of 1855, which compels every conviction for a capital offence in this county (different from all other counties in the State) to be taken to the court for review—first the Supreme and second the Court of Appeals—the statute reserving all the questions of law and of fact (somewhat after the English fashion) for the after consideration of the upper courts, Mr. Hall then quoted from the de- cision of the Court, which the Recorder cited in sen- tencing Manual :— Manuat—You were convicted in this court of murder and duly sentenced to be hung. Yoor counsel served out a writ of error, and the Supreme Court of this dis- trict, after argument upon the part of the people and of gounsel in your behaif, have unanimously pronounced that the facts proven upon your trial did not constitute the crime of murder, and only indicated mansiaughter in the third degree, The opinion of the Supreme Court was given and delivered by Mr. Justice Ingraham, who said ‘I cannot resist the conclusion, from an attentive examination of the evidence, that uader any view to be taken of the case, the homicide was only one of killing 1n the heat of passion, without a design to effect death bya dangerous weapon, and if so, was only manslaughter in the third degree.’ The opinion of this able and distin- guished jurist was concurred in by both his associates, and unquestionably and properly has controlied the attorney for the people in accepting your plea of guilty of manslaughter in the third degree. The facis proven upon the trial of your case are substantially stated in the opinion referred to, and prominent among which are, that the homicide occurred upon a sudden aftray, with- out any evidence establishing that you had any re. vious acquaintance with the man whom you killed. Except under extraordinary circumstances, and with due consideration to the Lele rs. p technical divisions by our statute book of homicide into six degrees, it would appear to be exceedingly difficult to uphold a con- viction for murder growing out of a sudden affray be- tween strangers. Under the judicial constractions of the crime of murder in this State (and which are au- thoritative and binding upon this court), it must be evidenced by proof of grudge, lying in wait, — threa' express malice, and the like. Your plea has been invited by the Supreme Court, and properly been accepted by the District Attorney, and it iy. only remains with me, upon the motion of the attorney for the people, to pass sentence. There is no fact pre- uu now con- victed, and in pursuance of that which I deem to be my duty, Isentente you to the State Prison at hard labor for the period of four years J jerney, who was indicted chat with mor. der in the first degree, was next arraigned, and pleaded guilty to manslaughter in the third degree. Mr. John Sedgwick, coansel for the prisoner, made an eloquent ‘appeal to the court, stating a number of extenuating cir- cumstances in mitigation of punishment, The Recorder, in passing sentence, said:— Tiernay—You have boen indicted, charged with a homicide in having killed one Barnard Barry, on the 23d of November, 1! the Coroner on the succeeding of the man whose life was taken by you, and testimon; taken of all the circumstances attendant upon the homi- cide. The facts established by the recorded evidence, and which have ied the District Avorney to accep! the plea proffered in your behalf by your counsel, show that- while you aud the deceased were playing cards in a bar- Toom a verbal altercation arose betweea yor ceased placed himself in a menacing attitude and sought to assault you, but, present violence was arrested by quently and shortly after that verbal was renewed, one witness asserting that the deceased assamed a menacil has not happened within the period of my admunistra- tion that so excellent a character has been shown of an offender as has been furnished me in your case, all the testimonials tending to show that your character, previous ‘An inquisition was taken by y in view of the body ‘The de- persons immedidtely at hand. Sabse- Itercation attitude when you shot him. It to the offence of which you now stand convicted, was that of a good, honest, hard-working man. Asi view ber ould have ad. just uttered im the Manuel case) manslaughter in the third degree. To this you have pleaded. 1 feel impelied to pronounce the full sentence as a penalty and as an example. The impulsive use of weapons must be rinidly condemned by the courts, and punished to the extent permitted by the statute. You are sentenced tothe State prison for four years at hard labor. James McCaffrey, who was indicted, charged with marder the first d Was next arraigned, By ad- vice of his counsel, Mr. Kintzing (who read affidavits showing the good character of the defendant), a plea of manslaughter in the third degree was offered and ac- cepted. The accused was charged with shooting his wife, on the 14th of May, at 250 Tenth avenue. His Honor, in sentencing McCaftrey, said :— McCarrrsy—You are charged with the homicide of your wife, Unfortunately both you and she were quar- Telaome and confirmed drunkarda Quarreis juently, arose between you. In one of these you admit by your plea that you took her tife. It is somewhat doubtful, trom the evidence, that you were conscious of the fact. No witness was present, and as the facts circurmstan- tially stand 1 cannot believe that a jury would be justi- ‘upon a solemn trial of your case, in Onding, under py which this Court, a higher’ ict than of the to you havepleaded. Thi nothing in your case which commends vou to any mi gation of sentence. I therefore sentence you to the full term prescribed by law, which is imprisoament at hard labor in the State Prison tor four years, Alleged Forgery. Adolph Eismer was charged with forgery in the third in baving, as was alleged, presented on the 34 lig = . He sak wes Tessanded Tor meen Allezed Homicide. Maurice Lanergan was placed on trial, charged with marder in the first degree, the indictment alleging that on the night of the 26th of March he caused the death of his wife at 1353, Washington street. District Attorney Hall and Assistant District Attorney Bedford conducted the prosecution, and Messrs, Spencer and Kintzing ap- peared for the accused. There was no delay in empan- nelling the jury. After Mr. Hall the case a num. ‘witnesses were examined for the people, From the testimony it was shown that on the night of the 26.h of March an officer was called into the apartments occa- pied by the accused and his wife, when he saw her lyi "beds badly beaten on the head an: the officer that she was the ae tng after moon with alt over; three or or three on the the body was on the head, penetrating to the sealp, which could Symaee ty 6 oF piece mong ibe wal i Grup ture of the durama' congenion the wound was congestion, that produced of the brarm produced Mra, Hickey, mster of the deceased, saw her the and she bad no marks of vio-~ to her death the bandie; she had incom sect, re tlhe ew Sr. Lawes ; she te Rawr tbe any betore she ied, preowse was Wont po RD vp Be Tw av pty | somethihg and his ee er ee ‘Crom-¢sematbed—The prisoner shut the door. ‘ to o'clock, ly) pre- ceded the prisoner on the way to their rooms, and upon arriving there he struck a light, entered Mrs. Lanergan’s that she was dead; the door with my own key. days before this time the pris- ‘on the hip with a broomstick to keep being under the influence of liquo1 up by boy’s testimony in every Particular, ‘The case will be resumed this (Friday) morning. COURT CALENDAR—THIS DAY. Pei aman ee tee on ot; n8— Nos, }, 49, 50, 51, 57, 58, 59, 6 62, 63, 64, 65, 66, 67, os in i to eat : icurr—Part 1.—Short Causes.—Nos, 2555, 3977, 3619, 2116, 3279, 3669, 1423, 2945, 3881, 3933, 1867, 3937, 3957, 2795, 3963, 3357, 3359, 2711, 1553, 3891, 3873, 3823, 3515, 3259, 1647, 3111, 2575, 3445. 3701, gas hogy 3865, 4031. S514, Sino, 2264, 9988, Sonn, 3448, SY, 8962, 3900, 1000, pienaaee ino tian gin gate Se 3952, 3956. as pit ores enon. sel 184, en 187, ‘al 214, laL TERM.—Nos, i . 161, 266, 210, 249 to 253, : : MAMBuRS —Nos, 121, 125, 139, 149, 151, 157, 164, 204 205, 226, 227, 257, 281. 282, 201, 301. Sourexion Covrt—Part I.—Nos. 3111, 3095, 2929, 3217, 2509, 1975, 825, 2399, 3089, 3131, 2727, 1755, 3228) 9239, 3243. Common Pixas—Part I.—Adjourned without day. Part IL—One hour causes.—Nos. 1486, 1401, 1402, 958, 1503, 1359, 1216, 1351, 1427, 887, 891, 1270, 1292, 1303, 1340, 1376, 1434, 1440, 1464, 1469, 1478, ‘1520, 1668, 1864, 1477. ‘Comaos " PLeas—Chambers,—Nos, 121, 125, 139, 149 161, 157, 164, 204, 225, 226, 227, 257, 281, 282, 201, 301. Sorreue Court, Kixas Cousry, Ciicur —Nos. 90, 98, 101, 102, 103, 104, 107, 108, 109, 110, 111, 112, 113, 114. 118, 118, 120, 121, 122, "194, 125, 8, 41,'84, 87, Ciry Court, Brooxivs.—Nos. 87, 16, 7, 65, 9 BROOKLYN COURTS. UNITED STATES DISTRICT COURT—EASTERN BISTRICT. The First Petition in Bankruptcy. The first petition of a debtor for the benefits of the Bankrupt act in the Eastern District was filed yester- day morning with Mr. Samuel! T. Jones, clerk of the District Court. The petitioner was Alexander A, Cabre, residing at No, 244 Ewen street, E. D., who sets forth his total indebtedness at about $18,624, and his assets $10,178, being aciaim against the Mexican government and the receivers of the Columbian Insurance Company for the loss and confiscation of the schooner Wilson Crawford and its cargo in the year 1865. This claim was assigned a year since to Messrs. Baxter & Merrill, of New York, who had been employed by the petitioner as attorl and counsel. The petition wril be referred to George H. Fisher, one of the registers, UNITED STATES COMMISSIONER'S COURT. Before Commissioner Newton. The further hearing in the case of Joseph Crocheron, formerly deputy collector in the First district, charged with having embezzied nearly $10,000 from the govern- ment, took place yesterday morning. The ring teller and bookkeeper of the Merchants’ Exchange were examined with reference to the dofendaut’s accounts, but nothing of any special importance was elicited. On Tuesday next the hearing will be resumed, COURT OF OYER AND TERMINER, Before Judge Barnard and Justices Hoyt and Voorhees, After the opening of the court tyesterday morning his Honor, Judge Barnard, assigned Messrs. Thomas E. Peareail and Beroard Hi as counsel to defend the prisoner Skidmore, indicted for tne murder of William Sete Carr. The tral will be commenced on Monday next. CITY couaT. Breach of Pro of Marriage=The Defend- anta Deacon of the Methodist Chorch. Before Judge Thompson and a Jury. Eliza Hendrickson ws. John Dawton,—The plaintiff in this action, who is a modest looking, but not handsome young woman about nineteen or twenty years of age, sues to recover damages in the sum of $5,000, for breach of promise of marriage on the part of the defend. ant, Dawson isa man abont thirty-five years of age apparently, a macbinist by trade, and a deacon in the DeKalb avenue Methodist Episcopal church, of which the piaintiff 1s also a member, or at least she attended there, It appears that on the 19th of May, Miss: Hendrickson was introduced to Dawson by one Mra. De vi it to that he frequently visited her at On the first of June foilowing to and being accepted, promised to marry her, a a os being fixed for the ceremony e to take place, fendant, howe’ broke the en- gagement and married another young woman, with whom he is living at the present time. Miss Hendrickson, on being called to the stand, testified to the facts related above, and added that her engagement with the defendant had been known by many outside of her home Dawson, after having promised to marry plaintiff, required her to live with her mother, whom he paid for the daughter's board. The defence admits that a promise &f mi was made, and that the ement was also broken. De- fendant alleges that he broke the engagement in consa- quence of improper conduct on the part of plaintiff. Re sent her noufication in writing that he had broken th engagement on this account. Miss Hendrickson, how ever, denied under oath that she had over allowed Daw- son to take improper liberties with her. The case is sull on, couaT APPEALS. Aunany, June 13, 1867. The day calendar of the Court of Appeals for June 14 is as follows :—Nos, 20, 22, 23, 24, 123, 124, 125, 126, 127, 128, 129, 12914, 190 and 131. POLICE INTELLIGENCE. Tuert of Goto axD S.tver.—William Hagadorn, a German lad, fifteen years of age, was yesterday arrested by officer Geary, of the Third precinct, on the charge of having stolon $70 in gold and silver coin from George Orfmann of the ship Republic, lying at pier § North The parties were shipmates during the passage foreign and before reaching port the money was stolen. accused pleaded guilty, and Justice Dowling committed him for tral in default of bail, Auiecsp Larceny op Cioraine.—Isidore Hildebrand, 96 Eightn avenue, made a complaint yesterday before Justice Dodge against Charles Gotter, whom he charged with having stolen te goo Srnee gd valued at $100. During the absence from his room, it is stated that property juestion was , and Accipentaint CuT—Arrest.—John Tase, a young German, employed as clerk in a grocery store, corner of Park and Mulberry streets, was yesterday brought be- fore Justice Dowling, on a charge of having cut Ann jmmons, residing at No. 12 Baxter street. It phen) on Wednesday last Ann entered the tre where John is employed ani, while he had a larve butcher knife to bis with which to cut some meat for another customer, she stepped ‘against the int of the weapon, thus receiv) gash, an ‘and a half deep. in her right hip. Tase, who was ‘officer Mellie, of the Sixth precinet, was to await the result of the woman's injuries, The occurrence is said to have been purely accidental. A Diwonperty Cuarscrer.—Peter Houghton was Justice, after ke, ordered him to find bail in ‘enna $1,000 or be sent to the workhouse for six months, Peers Seas Soe with s a vo the bank, Ce = ia- Enceer ears THE RECENT ROBBERY OF FURS IN BROADWAY. Yesterday morning the young men, John T. Reaver and William Webster, arrested on the charge of stealing $12,000 werth of undressed otter skins from the store of Jobn M. Oppenheim & Co., No. 41 Broadway, were ar- raigned before Justice Dowling. Mr. James W. Brodie, of No, 58 Maiden lane, who purchased the furs, was also in court, ‘Mr. Henderson Moore, of the firm of Messrs, Jobn M. Oppenheim & Co., made an affidavit in which he charged Reaver and Webster with stealing the five cases of otter skins in he also says that James W. Brodie came to his store and stated that he had read the adver- pers about the loss of the furs; th: as he (Brodie) beli he had the im his store at No, Maiden Sea, and that he bad bought them for $3, from @ man who gave his name as Reaver. The pris- oners, Reaver and Webster, were then confronted with two witnesses whom they had employed, first to take the stolen furs from the owner's store to a piace in Jane street, and thence to tne storehouse of Mr. Brodie. Below will be found the principal facts sworn to by Rob- ert J. Rogers and James Shay, who had been employed to cart away the stolen property. ‘TRSTIMONY OP JAMES SHAY, James , of 738 Greenwich street, deposed’ that ‘apo : six o’clock on Monday event: bh driv. ‘ng his horse and cart through Greenwich street, he was met by John Reaver, who desired him to go to a store in ‘Trinity place and do some carting for him; the witneas followed Reaver toa store in Trinity place, which ran through to Broadway; that upon arriving at the store Reaver and two or three other men placed four casks on his cart, which casks contained furs, whereupon Reaver and another man went on a cart ahead of Shay, and the other young man got on the cart with witness and rode with him up to Jane street, and upon coming in front of a blacksmith shop the carts were uploaded and left there; that Reaver then informed the witness that he would come down towa the next morning and him the three dollars which had been agreed upon; ver came the next morning according to agreement and gave him ten ‘1ESTIMONY, OF ROBERT J. ROGERS, Robert J. Reaver deposed that on the 8th inst, John ‘Reaver met him and said he expected some cases on by @ boat late Monday evening, and desired the witacss to store therm until the next day; that about tho hour of seven o'clock P.M. on the evening of the 10th James Shay came up in front ofthe biackemith shop m front his (Rogers’) stables, and left four casks; Reaver and another man besides and the witness were present; Reaver said these were the casks he bad mentioned on the Saturday evening previous, and wished thé witness to take them to Maiden lane the next morn- ing, and that he would meet him (Rogers) on his way at the corner of Bleecker street and the Bowery, and if not there he would meet him in Maiden lane, between Gold and William streets; the next morning the witness took the casks to Maiden lane at the place of rendezvous and remained there from nine till eleven o'clock, when he met Reaver and delivered the casks by his order at store No, 86 Maiden Jane, and rolled them iatothe store, where he left them; Reaver did not then pay witness for his services, but subsequently $25 was left for nim at a coffee stand in Coenties slip by Reaver. Testimony was also introduced to shows that the casks ‘m which the fars had been siolen were found broken up in the loft of Mr. Brodie’s storehouse, and scattered in- discriminately about the piace. Un the testimony pre- sented the magistrate announced his determination to hold Mr, Brodie on the charge of receiving the furs with the guilty knowledge that they had been stolen, Mr. Brodie was taken by surprise at tnis decision, and his impocence, saying he was the first man to formation as to where the stolen turs could be give i found. Justice Dowling did not regard the conduct of Mr. Brodie in reference to the skins after they came into his Possession as that of an honest man. All three of the prisoners were then committed to the Tombs for examination. Reaver is eighteen years of age, born in New York, lives at 17 Jones street, and is a carman, Webster is a Virginian, only seventeen years old, lives at 163 Crosby street, and isacierk. Mr. Bro- die'was born in Scotland, sixty-six years old, lives in Sands street, lyn, and isa dealer in sking, He, like the other prisoners, pleads not guilty. Mr. Howe, counsel for Reaver and Webster, says that upon a bearing of the case he will be able to relieve his cients of a load of guilt which now seems to over- whelm them, and show that they were prompted to commit the theft by older heads than theirs. Ex-Judge Capron, who appears for Mr. Brodie, seems to have faith tn bis innocence, In the various accounts of this robbery the place where the furs were disposed of was inadvortently ge No. 63 Maiden lane, It should hi been 0. The prisoner William Webster is not William Webster, the caulker, No, 9 Crosby sireet, CRIME IN BROOKLYN. The Tenement House Tragtdy—Post Mortem Examination on the Body of Mrs. Donald- sen. The brytal murder of a woman by her husband at the tenement house No. 129 Plymouth street, and the proba- ble assassination and robbery of a citizen, the circum. ‘stances of which were reported at length in yesterday's Herao, were the subjects of considerable comment in Brookiga yesterday, The statement in regard to James Donaldson’s brutality to his wile were fully corroborated yesterday by other occupants of the house in which he resided, and they say that during the past two weeks scarcely a day has passed that he has not beaten the unfortunate womap. The accused and his wife moved in the house in April last, and the neighbors say that they lived very unhappily, probably from the fact that Mrs. Donaldson was frequently in the habit of getting intoxicated, While under the influence of liquor it ia said sbe acted in a very inbuman manner towards her two children. This, mo doubt, had the effect of exasperating \dson, who says that on such ocrasions he could not help beating her. Money that he gave her, he says, to procure clothing for the children or articles about the house, she squandered in liquor, and he finally bécame 80 discouraged that he was indifferent as to whether he worked or walked the streets, He was employed in the Navy Yard until about a month since, when he was die- ed. Men who worked with him in the yard speak of him as being a quiet, sober, industrious man, He still says that he only sirack his wife = few diows with his fist, and did not injure her suificientiy to cause death, He also sad he was much surprised when informed that she was dead, and, feeling satiefled in his own mind that ne did not kill her, he was, therefore, indifferent about the matter, She had beon severely injured by a fall about three days previods to her death, aud he thought that injury migut bave been the cause of her demise. Her body was removed to the dead house in Willoughby street, near Raymond, and Dr. Willetts, assisted by Dr. sheppard, the house surgeon at the Brooklyn City Hospital, made the post-mortem examination on the body, The face of the un ortunate woman was fearfully cut and bruised, and presented a sickening appearance; but it was found that her skull ‘was not fractured. The statements of some of the women in the bouse that he knocked her down with blood = was found on the brain, from the blows she bad received from were also a number of seve* bruises about the body, but no internal injuries w re here is no'doade that her death was sup. indaced by Violence. Ye Coroner Lynch was busy in securing wit- arrangements w hold the inquest over the bedy . The principal witvesses in the case will be Miss Kate O'Nelt Mrs. Whalen, who entered Donaldson’s apartments shortly after the de- ceased had been beaten. "Phe Enst River Mystery. The manner in which Mr. James Porter, bookkeeper ‘and collector for Haffington & Co., lumber dealers, came to his death, is still enveloped tn mystery, though the polid are making every effort to obtain some clue which ‘will lead to the discovery of the murderers; for that it ‘was an atrocious murder there is now no doubt. A more thorough examination of the mstol shot wound in tho head of the deceased and from _ ite and the course which the ball he did not take his own physicians say that Mr, Porter must either lying upon his back when he received the shot him must have been stand Position. The person who shot bi feet distant, or there would have been some marks of powder on his face. Fee eee om cies fom Se eon of the deceased, was almost completely flattened ym ite con. tact with the skal, Coroner Lynch bee epee @ jary yeeterday, and ews an inquest over the body on iy. BOARD OF FIRE COMMISSIONERS, The Board of Fire Commissioners held their regular of a law passed in the Legislature in 1866—of certain regulations relative to sale of fireworks in city, the law giving the Board power to issue permits for that pur- pose, The regulations, as promulgated, are, that— Fireworks, consisting of Chinese ersckers, rockets, blue hts, candies, colored pots, lance wheels and other works Drilitant colored Ares ‘may be. Ke Ie Intervent Oth ay of June and it Hn dy oF Fay exch “3 any ine ded Kept w e ‘not exces. 1m tale at hy one tame the sumo one dollars, and not ot! ealers to pormits mnst state at the time of the ap- tion, Ast, the name of the applicant; second. the loca. en where reworks premis: be kept; whi the ne, and description of Treworks invended to it emoking and the making and ki Peto yh e where such fireworks are kept, Pai PE | SES eh cyireworke. No Smoking Al- Dealers shail not for sale in front or outside of anid nor within two {ect of the front line of satd i) window or any, tee ry other explosive excepting No fire crackers and r- 2 be ‘any sidewalk, street, or ie lie ‘oily. Sea inthe suse fae a CITY INTELLIGENCE. See EEE Graxp Fears ow Boanp rus Frence Mar-or-War.— ‘The officers of Le Jean Bart, the French man-of-war now was ‘covered guests, tripping time to the music of an excellent orches- twa, enjoyed themselves in dancing to their hearts’ con- tent, A su) Tepast was also set loun, to wi ample justice was throng, who key up the pleasures late in the ev. The Jean Bart ts a fine specimen French =81 naval architecture, mounting pared to receive beneficiaries into the Central Asylum, near Columbus, Ohio, or into either of ite branches at Me., or Milwaukee, Wisconsin. The requisites for obtaining the benefits of the Asylum are:—An bon- orable discharge from the volunteer service, and disa- bility by wounds received, or sickness contracted in the line of duty, These asylums are intended to be neither hospitals por almshouses, but homes where subsistence, care, education, religious instruction and employment’ are provided by Crnererp, $0 UP paid for from the for- feitures and fines of de from the army, bounty | jumpers, &c, New York anv Couxties Liquor Deazgns’. Assoctae Tiox.—Last night a rather numerous meeting was held at the Masonic Hall, East Fourteenth street, Mr. W. P. £ Kirk in the chair, to take into consideration the prese: position of the trade in connection with the Excise law; the meeting came to a resolution to exclude the public press from their deliberations, ra Pcsiic Scuoor Arrams.—Andrew Mills, the represent- ative in the Board of Education from the Fourth school district, comprising the Eleventh and Seventeenth wards, recently presented a number of silver medale to the more meritorious lady pupils for superior literary juctions, Mr Mis has ‘a in the abit of distributing these rewards of merit from time to time, and it has already furnished evidence of its practica- bility and usefalness, by the high and growing qualifica- nec the female pupils in the schools under bis su- pervision, Jous D. OTiwELt,.—A few days ago a newspaper per- sonal notice appeared, in which Mr. J. D. Otiwe!) was requested to send his address to his distressed wife if Troy, N Y. The notice was evidently written with a view to reflect on a wortby citizen. Mr. Otiwell is = gentleman well known in this city, both in legislative and private circles, and enjoys a good record among his . fellow men that notices of the character above referred to cannot shake, Prosrratep BY Tar Heat.—A man named Matthew Kiern was found yesterday afternoon prostrated by the heat, at the corner of Wali and Water streete. He was insensible at the time, and after being attended by Po- }ice Surgeon Androws, was remayed to the Bellovg ¢ Hospital, where he now lies in a serious condition. . FRATERNIZATION OF Finemex,—Yesterday the firemen of Philadelphia paid a fraternal visit to the fire guard of New York, who turned ont in a strong force of some one hundred men from the different Metropolitan stations, under Chief Engineer Kingsland, to mect them on their arrival by the. Jersey City ferry at the foot of Desbrosses: street, at about onejo’ciock, when the combined com- panies formed into line and paraded ap Broadway to the‘ City Hall, followed by the Philadelphia company, Hope Engine and Hose Carriage No. 17, drawn by two splendid grays, The cortége was preceded by the band of the Sixteenth regiment, headed by the it of the Hips company, Mr. A. Bamber, and Marshals Hale, Dole ean 4 ape ppeeaee of —- coon Cor n, which, after the customary interchange o: courtesies, returned to pier No, 39 North river, where, at about five o'clock, they took steam.on board ihe City of Lawrence for Boston, en routeto join in the celebration of the anniversary of the ever-memorable battle of Bunker Hil! on the 17th. PanruL Accipent.—James H. Groves, while at work yesterday in the Dry Dock Rolling Mill in East Tenth stroet, had one of his hands caught mm the machinery, and before assistance could be rendered had it actually torn from nisarm. He was im ‘con by some of his co-laborers and one ef the Sixth precinct Police to the New York Hospital. . A Max Severety Bearex.—Yesterday afternoon, about three o'clock, a dispute took place between a by police surgeon Andrews, wi after which he was removed to his residence at No. Cherry sireet, Fortunately bis injuries are not of a serious nature, Information of the affair having lodged at the First precinct station house, in N two oillcers were immediately despatched taten Island to arrest the alleged assailant, who will in all probability be THE BOARD OF HEALTH. The Board of Health met yesterday afternoon, Presi- dent Schultz in the chair. “the following weekly report of the Sanitary Superin- vendent was received, read and ordered on file:— Orrice SANTTARY SUPERINTENDENT, Merrovoutan Boarp or Heattn, New Yorx, June 13, 1867. > SECRETARY OF THE Merrorouitan Boanp oF RALTH:— Sin—I beg fully to report that during the week the ae Shag re Bo of we cities of New York and Brooklyn have inspected the following at viz:—162 tenement houses, 68 private dweilings, 3! boarding houses, 10 manufactories, 18 ops, 25 horse stabies, 6 cow stables, 7 private markets, 57 staughter houses, 77 sunken.and vacant Ii 21 yards, courts and areas, 12 cellars and basements, 10 cisterns and cesspools, 20 waste pipes aud drains, 174 privies, 43 streets and culverts, 3 gutters, 2 dangerous buildings, 2 hotels, 1 distillery, ' . In the course of their inspections they discovered and have reported upon the foltowing causes of complaint :— 46 tenement houses, 8 private dweilinzs, 1 man 10 workshops and stores, 1 asylum, 3 cow stable, 34 sunken and vacant lots, 7 yards, courts,, &e., 13 cellars and basements, 2 cistetne and cee 12 waste pipes and drains, 42 full and otherwise privies, 8 streets and gutters—106 violations of code. Tho fol- reports bave been received:—Whole number, positive, 446; general, 23; negative, 47. Found ‘604; returned for correction, 12.. Whole num- ber of reports forwaided for orders, 313 ; reports dl; negative ree forwarded, 23; retained for notices, 1! ports forwarded, 47. The Sopmorting efioers ines free pin 187 ee or premises ing which special orders under first clause ‘of the fourteenth section of the Health law had previously been served. Their show that 33 have been complied with, 20 ; 125 not, and 9 by ems repr Captain of the Sanitary police, returns 993 orders: for the abatement of nuisances served since last re- port, 649 orders previousiy served have been complied Wi Major Boswort, of tse Complatnt office, roturae 120 5 0 roe ~sd rece referred to medical low! 516; Ge $2: ae | | | | | horse stables, i)