The New York Herald Newspaper, May 2, 1868, Page 8

NEW YORK CITY. THE couRTs. ONITED STATES ClRCUIT COURT—CRIMMAL. TALS. Before Judge Blatchford. ‘Phe Untied States vs. Patrick Reason.—The defen- is was indicted for having engraved plates printing counterfeit fractional currency notes, the case being called for trial counsel sub- the certificate of Dr. John 8, Rindsley, who was in a delicate ‘staes oF heat a attend. Counsel stated Mi ~ = for thal for @ long time, and for a loi an So further delay; for if it were not ht it mever would be Srould not postpone the cage on the certificate of the ‘Medical man, nor would he issue an attachment, as equested by counsel, against this woman in her t condition; but he would consent to a post- nement of the case till to-morrow morning, and ould then require the attendance of Reilly, the husband of this woman, and the doctor who gave the certificate. The District Attorney again angen ‘the court to order the case on, and after some er discussion between counsel for the government and Mr. Clinton, counsel for the defendant, the case was called and a jury sworn, after several challenges had Deen mide and jurors excused from serving, . In set- aside those jurors who had been excused the questions put to each on coming to the book were @s to whether they had been acquainted with or if they had heard or read the evidence in the prosecution of Brockaway, who was tried and convicted of a similar offence herein charged, or if they had formed any opinion upon the case of Brock- oy or Atkinson _— ig Or fen oem to the trial of those parties, fe jury hav! 2 sworn, Mr. Bell, Ass! it United States District Attorney, Opened the case, from whose statement it sp- peared that in April of last year the defendant a mane on the Grand hip for f offence arged—that of engrav! steel plates for printi: fractional currency noes and for having in his Possession and coy steel plates wed and ‘with the guilty intent of using then in printing coun- terfelt fractional currency paper in similitude and likeness to the fractional ‘currency fifty cent stamps ‘of the United States. The defendant, it was stated, 4s an engraver iu the fancy style of the art. In 1866 dhe resided in Yorkville, and followed the occupation of an engraver there. About the 1st of September 4m that year, Mrs. Margaret Atkinson, ‘the wife ae the rset nee . al in the any undergo! ity ef his sentence, was sent by him with a pad steel plate e1 ing, partly executed, she pro- ceeded to the defendant's (Reason’s) house and gave it %o him. Reason took,the plate from her and on look- dng at it said that if'his eyes were not crooked the plate was. He complained that certain lines on the te were hot straight. The convict Atkinson at Mhat time resided wit his wife in Brooklyn and the ages fet aa ered ans orev The engraving Was carr! on Inson’s house, ‘and Reason was a constant visitor there. It would be oved to the satisfaction of tne jury that those plates ‘hich were then on the table in court were engraved Atkinson in his studio or work room in his house Brooklyn, and that the counterfeit fifty cent notes before the court were printed from those plates, id front, in the residence of the convict ‘ay, at Mount Vernon, in Westchester county. Atkinson, wife of the convict Atkinson, the printer of the counterfeit fractional notes, and {who, as above stated, was convicted last year, and at a in the Albany penitentiary, was the first wit- for the prosecution, and she minutely narrated ‘all the circumstances In the foregoing summary. ‘At the conclusion of her testimony the court ad- till Monday next. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Gwportant Question as to Jurisdiction of the Court. Before Judge Blatchford. Jn the Matter of William H, Magie.~-This case had ‘been referred by the court to Register Dwight. On tho 8d of March, 1868, Magie filed his petition. The ‘Petitioner stated in his petition that he has been a sear agent and clerk for twelve months next im- lately preceding the fling of this petition at New York city. ‘The petitioner was examined under oath ‘touching the matter of his residence, to the end of Meciding if this court has jurisdiction of his case, and Re “deposed that he resided with his father et Elizabeth, N. J., and had done so since he game from Chicago, Ill, about four years ago; Bhat he was formerly in’ business for himself in ‘Ohicago; that he was en; in looking after a personal matter since be came from Chicago, with the intent of ee there; that he has Deen om im Brookiyn for a firm in William street, New York city, since January,” 1, 1868; that previous to January 1, 1868, and since about the middie of October, he had been engaged in Keeping books with a firm in Wall street, New York; and that he had not otherwise been engaged tn Dusiness for himself; and that he was unmarried. ‘The petition did not aver a place of residence, ‘There are only three creditors, “Upon this state of Yacte Register Dwight declined to make an adjudica- Son of bankruptcy of the petitioner on the ground that the District Court of the Southern District of New York has no jurisdiction of the case, inasmuch gs the petitioner was not addressed to the Judge of the judicial district tn which such debtor has resided ica on coment he og i paitan. ately preceding the time of filing his petit &c. To tls decision and refusal the bankra tex: Sn and prayed for a certificate of the question to ge. Upon this question Judge Blatchford decides as foliows:—I think the Register was correct in Ins de- cision. The principles laid down by this court in re Kinsman G ‘ew York Legal gbserver, 309) !n refer- ence toa kindered provision in the Bankruptcy act of 1841, make tt tmproper for this court to assume Jurisdiction in this case. UNITED STATES COMMISSIONERS’ COURT. Serious Charge of Embezzlement and Arrest of a Bank Director. Before Commissioner Betts. ‘Me United States vs, Samuel R. Camprie.—Yester- @ay, on the complaint and afidavit of Stephen T. Arnal, one of the directors of the First National Bank of Elmira, tn the State of New York, @ warrant was issued for the arrest of the defendant, Samuel R. Campue, on a series of charges of embezzlement and alse and fraudulent acts. It appears by the afl. davit of the complainant, Arnot, that Campue was President of the National Bank of Elmira, and while in that capacity, from 1863 to October, 1867, wilfully Musapplied the funds of the bank, withdrew these Tands and appropriated them to his own use to the amount of $36,000; and that he embezzled from the Croton National Bank or New York, of which he was @ direc’ $00,000, and that bank stopped business In consequence and became tnsoivent; that he de- Trauded the Alleghany Bank of bonds to the amount Of $20,000; and that he 1 ils own use a bill of exeh bank of the sapplied aud converted to ige belonging to another 000, All those several charges were Samuel R. Campue and sworn to by hen T. Arnot, and upon these the Warrant for Trest Was issued by Commissioner Betis. Cases of Passing Counterfeit Currency. Before Commissioner Osborn. Yesterday aman who gave his name as George King was committed for trial in default of bail for 1,600, on the complaint of Philip Stephens, the per of @ luger beer saloon, for attempting to pass ‘upon him a counterfeit fh jonal currency stamp representi twenty-five cents of United States money. The testimony of Stephens was to the effect that King called for oysters and gave the counterfett stamp in payment. Stephens discov it to be bad, and asked King if he knew it to be #0; to which King replied that he did and that he had more of them; Whereupon Stephens knocked him down with his fist and called in apotes officer, to whom he gave him in charge. ‘pon searching him counteriett currency stamps of twenty-five cents each were found in his possession, and upoa this evidence the Oow- TR tf | tt et 3 ae eeet the time Hed for its conversion; could not held bonds at that time and were de- sirous of converting them into stock; produce the bond 80; did not remember where or the bond; the object of ing}—Hold on, ¥ ard out. . Clark—Yea, sir. ‘To witness—And that consul- for the of eg] the price of Erie were by them. Was true, sir? Were to that question is, that the feresraph were upon information and belief; I be- ved it at the time I swore to the Somplelns Q. Where were those consultations held, sir; that is what we want to get at? Witness hesitated, and this qnestion was repeated at least twenty-five times to get the answer from the question being twisted into every conceiva- ble form of phraseology that could convey the mean- ing intended to be conveyed ee The most con- elusive leiag elicited was that wil could not state AL Place at which the consultations were e' Q. Can you state the name of the person who gave you ae fone upon wifich you made that . Tcan, str. Q. Will you state it? (Witness turned to Judge and spoke in a low tone of voice.) Judge Barnard said—The court is prepared to have you state anything that malice, scandal or vindictive- ness can hunt up. A lengthy discussion ensued as to the propriety of Relea answering the question, at the close of whic! Judge Barnard stated that he had not ruled out this q ion simply because he wanted to find out if he ‘was unfit to occupy a seat on the bench. If he was engaged in any conspiracy he did not think he was “Str. Field claimed that if {t was gone into th . Fie rn A was int ey ‘Were to go into the whole of it. Judge Barnard replied “certainly.” Mr. Field—if we are to go into it, sir, we shall pe von the door to what has been already ruled out on other examfnations. Judge Barnard—It is put in evidence, sir, because this article in the Nortn American Review (exhibit- ing a copy of that periodical) was written by a olerk in your office about me, and I desire to know some- thing more about it. Mr. Field—That is a new question in the case, sir, and I don’t meddle with things that do not concern me. If there is any inquiry as to what has been written in any book I suppose the writer can ex- lain. I don’t mean to go beyond the point where am concerned; but was ruled out the other Barnard—Not by me, sir. Mr. Field—Oh, yes, sir. Jud, ard—Do you tell me it was ruled out when “Now Mr. Field—Well sir, I think, you are mistaken; but we can appeal to the stenographer’s report course I am entitled tomy own belief. I imply de- sire it to be understood that I want a rule that shail be for our guidance in this case. Ex-Judge Davie th it there was some skill in this idea of getting rulings for our guidance. The witness stated he could give the names of these persons, and now he was asked to give them and that was that was wan! Mr. Clark said that charged as he was with the ref ibility of seeking from this witness the name o- the person who communicated to him this informa, tion, which he believed was calumnious and false- he had only to say he hoped the witness had received the information, and hoped that he believed it. He only expected responsive answers to such questions as he or his associates might see fit to put. Witness could if not so restrained in his answers tell a strin; of calumnies that they could have no opportunity contradicting. The question now simply related to the name of the person who gave witness the infor- mation upon which these charges were founded, Judge ard, after some further discussion by counsel, put the question in the follow! form:— Q Who is the person who gave you the informa- tion that tyese men were engaged in a conspiracy? A. I had information of this from various sources. Judge Barnard—Answer the question, sir; give the name of the person. A. Weil, sir, I think I was told that these gentlemen met at—— Q. No, no, sir; the question asks for the name. (A long pause.) A. I don’t think that any one person told me of this, Q. By Mr. Clark—Will you give ua the names of that person or persons, if more than one gave you this information? A. What you say includes a great many questions. Q. Nosir. Iask you for the name or names of the person or persons. "If there are more than one you can certainly give the name of one, and I will then ask the names of the others as certainly as I live? (A long pause.) A. I cannot remember the name at this moment of one who told me that these gentlemen had met at the Manhattan Club, but I— Mr. Clark—That is not an answer to my question. Mr. Field wanted to know if it was proper for counsel to interrupt @ witness when he was going on to answer? Mr. Clark claimed it was proper if the answer was irresponsive. Witness—No one person told me all this, and it is necessary for me to particnlarize. Q. Can you give the name of any of those persons? A. If you desire it, sir, I will explain in a few words the whole matter, Mr. Clark—I don't wish any explanation. — Barnard (to witness)—Name all the persons who told you of it. A. I could not do that; I got a part of it from the newspapers. , Mr. Fullerton—Name one of the men who told yon, any one of them. (A pause.) What is the answer to the question? (A pause.) A. Itis sucha rambling question, sir, that 1 have to think. (An- other long pause.) Q. Will you answer the question? A. I think I will, sir, in a very few moments. Mr. Fullerton (earnestly)}—Give us the name, sir, of any human being that gave you any part of that in- formation. Give us the name, Mr. Fallerton (to the court)—Will you instruct the witness to answer? Judge Barnard—He ts allowed one minute to an- swer; Lam timing him by my watch. Witness (after a long pause)—I received part of that information from what transpired; I speak of what actually took piace; I speak of the process of the courts; [ would like to understand the question better. Mr. Fallerton—Well, sir, I will gratify you. Who told you that these 8 named were using the process of the courts for the purpose of aiding their speculations? (A pause) A. Well, sir, I think # part of that {nformation I had from my partner, James Fisk, Jr. Q. What part of the information that these per- sons Were combined to use the process of the courts did Mr. Fisk give yout A. I think he gave me what might be termed—that substantially. Q. Did you get it from any other person? A, I may, oF may not. pine nepens Q. Do you recollect an; er person, beyon James . Jr, who told you of it? A, Beyond hearing the matier in conversation I cannot say that any person told me distinctly that. ‘he same question in different shapes was re- Peated a dozen times and elicited similar answers. in 4 to one of the latter questions witness fald—Well, sir, | think I overh ‘8 part of General conversation, but | won't swear. ‘ullerton—Very likely. sir, missioner committed him. Another Similar Case. On the complatnt of Frederick Graff, the keeper of @ lager Deer saloon, Charles Browne was committed for trial in default of bail for $2,000, om the charge of attempting to pass a counterfelt note United oe ven Ss National Bank, purporting to be of the vatue of Graw teotified that Browne came into his saloon @ quart and a half of beer, tendered te in payment and waited to get his uspecting the note to be bad, called vd had him arrested. On a search Or in a police ¢ being inade ticre were two more counterfeit notes represonting the same value found upon him, with change, some good money besides, On giving his owm ex+ planation of the matter to Comtlasioner Osborn, the Prisoner said he got the notes from a man who had @lieated hii ont of $200 bounty money. He met this man by accident tn the street who gave him those six dollars in part payment of this alleged bounty and made other statements which seemed to yvable ad unsatisfactory, wherefore the ¢ hina for trial in defwuit of we ball com nm C above speciiicd. SUPREME COURT. The Alleged Contempt of Erie Directors The Charges of Conspiracy Against Judge Bare nord Again Brought on the Scene—The Article ©The Judiciary of New York City” in the American Review to be Investigated imary Revelations. Lefore Judge George G, Barnard, The Poop ve, Jay Gould, Bremerigh ds Lovee, tion about astronomy or mathematics ? Judge Barnard—State, Mr, Witness, when hang Reugis you heard General Barvey say some! g » lea, sir, (A 186. Judge Rarhart pid you*hoar General Harvey state anything contained in section ten of that com- Plaint?” A. 1 can tell you what heard fay. Mr. Fullerton put the question several times more Maaunt resell, sae finally stated that he would 8 point with tl derstanding Witness contd not give the names bnettrg act Niels thought (hat what the gentleman’s an- Wing Was and what i ’ knew: was migit be very dierent — parks ttf pa Am canola you attempt to procare Mr, davit whem own? prog Be your complain, was velag Q YOU bot a few days after the iasuo of this stock go to se mie Railway Company's odice and in NANCE Place cei table? A. Not to my knowledge, ee ee Mr. Clark (aloud)—Goorge, staud ap, (A small boy arose in the audience.) 4 (to witness) Did yon ever see thet boy before? have acen bim somewhere, CROPS- RX AMINATION, Ry David Dadiey Field—Q. Was this anit of yours brought in good faith? (Objected to, but the answer admitted #0 far as to show Witness’ ood faith in the matter) A, It was in perfect good faith, Was there any collusion in ity =A, None My You have tated something aby Q You have nta mething abont a go conversation, Will you state what that wast At The statement was made in good faith; I believed the facts to be true, but not of my own knowledge, ] (Answer ruled out.) % Jou ay Yop heard gonvergabion ip which tho a — it was before me in the other toom ?—or I wi ve the ih wine ct tad fan some ell, i¢ was not our that was ine miggomtan sotirely of midge al Ley ta Q. Well, then, your answer is “No”? A. Thatia answer in mandatory injunction, {6 the house of John Je Goeue neat ound hits $6, to have that air, not pie 9 Pass UE Rea, Vacated? A, No, air, a Dia ou bear aidisdtot tn ie ottiee of the Base that Execi om had ordered that gum to'bo paid ® ‘A. No oneof those Were you in the carriage with Mr. Marston and Meret TE No, air = From whom’ do you. know the fact that $50,000 were offered for the modification 't recol- lect hearing about it. F fe SG Q Do you know how Mr. Jenks came to be em- ployed B, this case? A. He was employed by Mr. How much was he paid, and by whom? A. I pala him nothing. g Q. By whom was he and how much? Ibe- eve, sir, he was 2, id $6,000 down and $5,000 con- lieve not, sir. Q. Was he not tingent? A. I When you were resent at the Metropolitan Hotel did not one of the counsel who was there, when he he the complaint read, “it was @ shame to put Judge Barnard in as a defendant;” and did not Dudley Field that doing so you could frighten Judge Barnard off a ote and overawe = —— balance of the judges? A. I don’t remem- iT be Q. See if you can’t remember that? A. I don’t re- member anything being said about “overawing” one. = State whatever was sald. A. I don’t remember now. I don’t recollect this thing having taken . Do you remember aay hing like it? A. Ihave an impression that Judge Porter was not favorable to our making Judge Barnard a party to the suit, but erat undertake to state that now, it is so long ince. Judge Porter (to witness)—Did you say the com- meaty ‘was read in my presence? a I don’t think I os Was I your counsel at that time, Mr. Belden? A. I cannot say that I advised with you as to this; I don’t remember having done so. By Judge Barnard—Who told you that they would “overawe’’ the others? A. I don’t think any one told me so. MR. CLARK RE-EXAMINES, Mr. Clark then resumed the direct, and elicited among other answers the following:—Q. When was it that Judge Porter said to you that it was wrong to make sodee Barnard a party? A, I could not tell you, sir, . Was it at the Metropolitan Hotel when the com- plaint was being read? A. I remember distinctly that Judge Porter said it was not best to include Judge Barnard, Q. What other counsel were present? A. I think young Mr. Field, Dudley Field was there and a notary. Mr. Field then re-examined the witness, but very ttle important information was elicited. JUDGE BARNARD TAKES ANOTHER HAND. eee Barnard then examined the witness as fol- Ws i— Q. On the 7th you swore to the affidavit, and on Monday, the 9th day of March, do you recollect of Mr. Field and a clerk from his ofice going to your office in Broad street? A. Young Mr. Field? I believe he was down there on Saturday morning. Q. Did you tet! him at that time that you ‘could not carry the thing through if Judge Barnard was a defendant,” and did he say that he had a piece of paper in his poe that would hold him? A. I don’t remember, sir. I don’t think Dudley Field is a gen- er a who speaks very confidently about such mat- Te, Judge Barnard—This was taken from a gentleman in his office who will be subpoenaed here. Mr. Clark (re-examining)—I want to know whether anybody paid $2,500 on your account to Mr, Jenks without asking you to reimburse him. A. I suppose such was the case. (Laughter.) Q. Do you know who paid it? A, I do not, sir. Q. Can you ascertain who paid it? A. I think you can ascertain tf you ask Mr. Jenks. (Laughter.) Q. Was it paid before or after the service? A, I don’t know, sir. Q. Who furnished the list of names to your attor- ney to be embraced in these charges? A. 1 don’t know, rT. Id here rose to examine the witness, and asked whether any counsel had ever objected to Judge Barnard’s name being embraced in the Whit- ney suit, but all questions relating to that complaint were excluded, In the course of the discussion Judge Barnard stated, in reference to the article on “The Judiciary of New York City’? published last year in the Nor American Review, that he had the book there and would keep it, and those who have the manuscript would furnish it to him, JUDGE BARNARD ASKS A FEW MORE QUESTIONS. 2 By Judge Barnard—The day before yesterday did Mr. Field send down an affidavit to your office, containing great abuse of me, and ask you to swear to it, and you sent it back? A. (producing a paper.) This is the aMdavit that was sent to me, sir. Q. And you declined to swear to it? ir. Field, Sr.—Let me see it? Judge Barnard—It ts not offered in evidence. Mr. Field—I wish to see it, Judge Barnard—I think not. Mr. Field (excitedly)—That afidavit is perfectly true, sir, ag I aver, » Buchanan, hand me that amdavit. The affidavit was handed to Mr. Field, and he began to read—* William Belden, being duly sworn”’—when he was interrupted by half a dozen objections from counsel on the bther side. udge Barnard said it was not in evidence now and could not therefore be read. Mr. Field could take tt and read it at his leisure. Mr. Field asked witness whether he refused to | swear to {t because it was too jenient or too abusive | of Judge Barnard, but the question was ruled out. { By Mr. Fieid—Was It in praise of the Judge? Judge Barnard—I role the question out, sir. 1 don’t want any praise, and can stand all the abuse. Q. By Mr. Ficld—This aftidavit was sent to you, sit, before your examination was concluded, was it not A. It was sent to me the other day. understand that this case on the ‘as closed at that time, and that d upon for our rebutting affida- I think that paper so stated, * you shown this aitidayit to the Judge? A. . sir. Do you know how he eame to know of it? : “y d (interrupting)—No, sir; mor he never that. Mr. Field—ite n Judge Barnard—) other people have ¢ them with detectives, Mr. Ficid then examined the witness, who testified that he did not remember saying that Dudley Field told him the only safe course for him was to make Judge Barnard a party; counsel told him (witness) the reason why Judge Barnard should be made @ party. Judge Barnard excluded the question as to what those reasons were, as he did not want all the scan- dal of New York aimed at him behind his back. Q. Did you or did you not often see Judge at George A. Osgood’s office ? Barnard—That is a proper question. I want to see how often he saw me there, Mr. Clark (meekly)—I don’t object, because your Honor directa me not to. (Continuous laughter.) esa answers—I believe I have seen Ji Barnard down there on several occasions, Q. Will you give the sources from which you de- rived the information upon which your complaint Was founded! Objected to and overruled. Mr. Field—tI now offer, sir, to prove that according to common repute — Mr. Clark (hurriedly)—If the court please “1 object to the oiler. (Great laughter.) The offer of proof wo. What was th rep the stock “,Q. What was the common ite in the tharket in respect to the facts alleged im section 10? (Overruled.) George "A. Oseood, the Fevelver, feaung’ to sudge prge A. |, the vor, relat Barnard? (Overruled.) i Judge Barnard—if that was put I should have to put George A. Oagood on the stand to say whether he paid out £70,000 for counsel fees, At tis stage a recess of twonty minutes was taken, 1, M. OTTS RECALLED. ‘Witness, in answer to Mr. Clarke with ce to the production of the stock ledger of the Rail- Toad Company, said that he was unable to B ge it; supposed it was at the transfer office of com- y, in Pine street; the secretary of the company, supposed, was in New Jersey; liad not examined the books in the transfor office since March last: Hilton, the transfer clerk since then, has been absent; the dutios of the oftice ag to transfer of stock wero not since then carried out, there being ne transfers of stock made; Mr. Devin’ had pro: to send for the transfer clerk; with regard the certificates stock the box Qomtaining Wem is sald to have been oarried away, Q. Where was the ho® containing the certificates when the rere seized ? we m that t. Field objec tere no evidenod the box was selz Me eal juestion admitted, Re there was no box, tmt two book; they Wer At the house in the West street genorai transfer ofice of he company, Q. How ne after you handed the books to Mr, Tliiton did he taform you they were carried ere! A. In about two honfs; searched for Mr, Fisk to In- form him of the fact; did nat ace Fisk, but wrote | hima @ letter on the subjeot, we were to be ¢ vits? er will know? sir. Tam dloing with me, an the same as am following given to you b: we — a of YORK HERALD, SATURDAY, MAY 2, 1868—TRIPLE Pa of the letter referred to handed to Mr. To the letter sent? Ree penn was the original of a Te. (Fisk) to inform him what became of em, Witness—Hiad not seen the books einen, Q. Were these hots books referred marked 1 and 2? ‘8. to the transfer office them was here, when dition; did not fill a Disaks tn the certifi is Hh empl nd loft the certiftcates there; don’t know when the dates had been put to the bonds; could there at the time he stamp on the bonds; no entry was made by him cored oe hana taeeeh ths tale’ know. at the bonds now in our possession and if they are the same bonds, they are dated Sth of February. A. igre are not the same, ly as you can when you found the bonds on your desk. A. It was after the 9th of some two or three di Jonathan W. Dillon examined—Recollect a man eens the bonds on Mr. Otis’ table; it was Mr. en, Cross-examined—When was it? A. I think it was lay, March 9; no one was with him; Mr, Hilton Tearhim say anything to any ome at the times im 88 one ai By Mr. Clarke Where pal the books oln gf ze time left them in the ofice till Mr. Otis g/t them? A. They were in the desk under some y I think Mr. Otis got them Monday or Tuesday. AFFIDAVIT OF AUGUSTUS SCHELL, The affidavit of A Schell, one of the de- fendants in the Belden vs. Vanderbilt and others case, was then read, denying that deponent and the ghee dofendante had combined to speculate in the le MR. SCHELL’S TESTIMONY. Mr. Schell cross-examined by Mr. Field:— Ama director of the Central Railroad Company and secretary of the Executive Committee; was ap- pointed in December. Q. Was that the time the Vanderbilt interest got ion of the road? Mr. Clarke objected to the term Vanderbilt interest a8 undefined und unmeaning. juestion ruled out. Are you an officer of the Harlem Railroad? A. Iam director and member of the Executive Commit- tee; am director and secretary of the Hudson River Railroad; hold stock in all these roads; they are not under the control of Cornelius Vanderbilt. Q. Is not the advice of Mr, Vanderbilt the controll- ing advice on the conduct of these roads? A. Not absolutely. Q. Is it not chiefly? A. I can’t say that; Mr. Van- derbilt is president of the three roads and chief ex- saeres the conduct of the road is controlled by the rectors. Q. Are the three roads worked in concert? A. That is difficult to answer; the Central and Hudson are party worked in concert through traffic arrange- ments, Q. Is there not an agreement between the three ee) to divide the receipts and profits of the roads? jected to. The Court—The question has nothing to do with the case here, sa Se one for contempt of court. eh hente pontented mae be met 9 sa ee mrove that the company having cont e - tioned railroads fad combined to get possession of the Erie Railroad. . juestion overruled, . Was there not on January last an grrangement made between the directors of the Central Rallroad, the Harlem Railroad and the Hudson Kiver Railroad for the running of trains and for the division in some way of receipts and profits? Overruled. ). Was there or was there not a design on the part of the directors of those three roads to get possession of the Erie road? Overuled. Q. Have you at any time speculated in the stock? A. No, . Have you any stock in that road? A. No. . Did you own any stock init? A. No. When did you last own stock in that road? A, Last November or December. Q. Were you interested in a pool for that stock at that time? A. No. Q. Are you a member of the Manhattan Club? A. Yes; am ident of the club. Q. Did you see at any time there your brother, Richard Schell, and Mr. Worth? Ruled out. ou see your brother there in February last?_A. I presume I did. Q. Have you seen Mr. Worth there? A. Yes; have seen Mr. Vanderbilt and Judge Barnard there; have seen Mr. ©. Vanderbilt and Mr. James Banker there also. Q. Have you seen those gentlemen there all to- gether? A. No. Q. Have you ever heard the Erie litigation discuss- ed by these gentlemen? A. No. By Mr. Clark—Q. How many members compose that club? A. About five hundred. Q. There are amusements of various descriptions going on there, billiards, cards, reading rooms, &c. A. Yes. Q. Isthere a particle of truth in the allegation that you ever held any consultation with those gentie- men on Erte matters there? A. Never. Q. Is the charge contained in the allegation that there was a combination entered into by those gen- tlemen true or false? A. Wholly and entirely false. This closed the proceedings, and the court ad- journed till eleven o’clock this morning. SUPREME COURT—CHAMBERS. The Erie Litigation—Argument in the Schell Case—The Motion to Vacate the Injanction. Before Judge Sutherland. The arguments in the Schell case were resumed this morning, and occupied the court during the entire day. | Mr. Eaton, on behalf of the Erie Railway Com- ny, contended that throughont the entire pro- Bedings it was justified in the course it had adopted under the surrounding circumstances of the case, and he refuted the assertion that the directors had ever committed a single act which the court in the proper exercise of its judicial fanctions could con- sistently condemn, Counsel was heard at length upon the pointes of law at issue to the rising of the court, COURT OF COMMON PLEASSPECIAL TE’ ‘The Church of the Redemption Imbrodtieo— Motion to Dissolve the Injunction Restraining the Church Warden from Preventing the Performance of the Services—The Sceue on the Church Steps and in the Street—Police, Prayers and Batons. Before Judge Barrett. John Watson and Others, Vestrynen af the Church @f the Redemption, vs. Frederick W. Welchman ana Others.—This was a motion to dissolve an injunction restraining the defendants from preventing the min- ister in charge, the plaintitt and members of the Church of the Kedemption from holding the usual re- ligious services in that edifice and from preventing the plaintiffs from entering the same by threat or intimidation. It is alieged tuat the entire Imbroglio, which has resulted in an appeal to the courts, has arisen on account of the ritualistic tendencies of the defendants, to which plaintim are Sromeny Of b The complaint seta forth that the Charch of the Re- demption isa Protestant Episcopal church, situated in Fourteenth street. The ir were elected vestry men at an eloction held in Easter woek, 1868, At the same election the defendants, Frederick W. Welch. man and John C, Kennedy were elected church- wardens and the other defendants were elected vestry- men, That on Easter Sunday Welchman, forthe pur- pose of preven! the voters of the church from as- sembling at the church on the following Tuesday and of preventing the religious services and annual elec- tions of vestrymen, caused lo cks of the church to be changed, so that they could not be opened by the sexton; thaton Tuesday morning Welchman, Ken- nedy and Patterson had aed a par of police within and on the of the church, who forcibl revented the plaintiff and members of the churc entering it for the morning service. Plaintits farther allege that the Rev. Uriah Scott, minister in charge, thereupon informe! those who had been refused admittance that he would perforin the usual morning service on the oe wherenpon nas and Kenn ‘with the aid of the policemen, forcidl: vented him from Ro‘ateempted wo $0 doing, and informed him if hold service there they would arrest him, Rev. Mr, Scott then informe” the congregation that he would hold service in front of the church; but he was again threatened with arrest and im- Se if he persisted, Plaintiffs, with other jembers of the church, called upon Kennedy, who stated that he did so at the request of the bishop, who had the right to govern his own church, The complaint then goes on to aver that since Easter week tho defendants, Weichman aud Ken- nedy, kept forcibie possession of the church and prevented ita use for the ordinary services thereof; that on the succeeding Sunday agen with the mombers of the church, camo to attend the ordinary se: ; that the church was still in the ion of Weichman and Kennedy, and Patterson and a large body of policemen, who f bly prevented the minister in charge and congrey Jon from using sald church, aud tuo teachers or pu- s ee E Ht} i of ndant caused a new the main door of the pose of preventing the noldi of the ‘asual gcopal Church notice of tae arch wardens reatry: gees Bae men is Caine oi be tw ‘Sundays requ: publicly given on two ly previous to the eieee ion, but that owing to the absence of the plaintiffs aince the 27th of tember, 1867, no suorum for the transaction of ness was pi % that no notice of election was , and defendants, after orderly crowd gathered in front of it and ‘were to interfere to rve order. And for were perfo ed it uke udvios of he Bish rm ireuant to oftl Pp of the diocese ie wishes of the members vestry of Grace church, The ore came.s| on Saturday last before J ly, 110, the arguments on nted an. defendants and licemen from preventing the minster in charge, e plaintiffs, the sexton, the members of the church ind congregat tion from suenaiog and worshipping Uigaed services of the Protestant Church, and from holding Sunday in the church or from he the usual schools therein, and from eae) the pane by force, intimidations or from entering the same. A motion is now made to dissolve that injunc- tion, defendants’ counsel contend! that the Taw of England gave the power of ownership to the senior warden who could hold the property in Crag to the whole vestry. He further submit- ted that the services were being illegally conducted; that the congregation had no right to force their way in, and that the police wero justified in interfering. Plaintiffs’ counsel resisted the motion and ene that the board of vestrymen were the trustees of the church and as such had complete control over it, A number of affidavits were read and the case having been heard at length the court reserved decision. For tif John A. Fowler; for de- fendants Abbot & Leary. 4 COURT OF GENERAL SESSIONS. Grand Jary Criminal Presentments. Before Recorder Hackett. The Grand Jury having finished their business came into court with a large batch of indictments and were discharged from further attendance with the thanks of the court. There was a calendar of cases perenared for an but owing to the absence of jurors no business could be transacted and the court adjourned for the term. Julia Kay pleaded ‘gaily 0 4 ‘ttempt at 1d 0 an, attempt at gran larceny, thee ” chat on the 16th of April She stole $42 worth of wearing apparel, the rty of Keyes & Gage. She was sent “) the Remtiary for one year. Recorder Hackett and Assistant District Attorney Bedford disposed of @ large amount of criminal business during the term that has just closed. The term of this court will on Mon- ar. Judge Russell presid and Assi it District Attorney Hutchings prosecuting. There are a num- ber of prison cases awaiting the dispositiqn of the CITY INTELLIGENCE. INTEREST ON CITY AND OouNTY Srocks,—City Chamberlain Sweeny commenced yesterday the pay- ment of the interest falling due on the stocks of the city and county. The amount due on the for- mer is $489,441, and on the latter $415,002, making a total of $904,443. Tae Tax Commission.—In answer to an inquiry touching the legal status of the old Board of Tax Commissioners, respecting which a question of its constitutionality was raised, we would state that the Court of Appeals has affirmed the decision of the lower court declaring it a legally constituted body, and a8 a consequence its acts are legal. RADICAL REPUBLICAN EXECUTIVE COMMITTBF.— This body met at No. 84 Franklin street at four o'clock yesterday afternoon. The business of the committee being of a purely private character, as one of the secretaries intimated, the representatives: ofthe HERALD present retired in order, not considering it any part of their business to interfere with or be present at a tele a tete which, it was ap- nt, would be of a mournful character—a distant invitation of a“ Lodge of Sorrow”—in view of the unfortunate turn allairs have taken in the recent State elections, and the doubt which clouds the-fu- ture as to the manner the “High Court” at Wash- fugton may solve the impeachment question pro- pounded by Messrs. Butler, Stevens & Co. THe ANNIVERSARIES.—The New York Sunday School Missionary Union will hold its anniversary meetings on Tuesday, May 5. One hundred schools are expected to pe e, thirty Poel of meeting being named in the me, ddreases by cler- gymen and laymen and singing by the children will make up the exercises during the day, and the con- mn of the annual report the special business of the evening meeting, to be held in the Reformed Dutch Church, Twenty-third street. Tue New York aND PaciFic MaILs.—Yesterday the Pacific Mail steamshfp Arizona, Captain Maury, connecting with the Montana, Captain —, via Panama, left pier 42 North river with a convoy of 900 passengers for California and 750 tons of assorted merchandise. The aera are making arrange- ments for @ more comp! organization of the ser- vice, round the Horn and t! the Straits of Ma- gellan, to commence with tne middie of this month, and new boats are now being built for the purpose. ‘Tas MERCHANTS’ UNION Express COMPANY RosBED.—A messenger of this company was yester- day morning discovered on one of the cars of the Central Railroad, in the Montreal ex) press train, bound and robbed. As yet it is not known how much money was taken by the daring robbers, but the impreasion among those who are famillar with the facts of the case is that the sum is large. The men employed on the train and who came to the city with the messenger (who got on at Albany), are to be examined privately that a clew may be ob- tained, if possible, to the thieves. The oflicers of the company are exceedingly reticent in relation to the circumstances attending the robbery. Fara RAILROAD AcctpENT.—Yesterday morning about half-past nine o'clock & man named Francis Flood, living at the corner of Sixty-second street and Fourth avenue, while endeavoring to cross the Tail track in advance of am approaching train, ‘was struck by the locometive with so much force as to cause almost instant death, The body was taken up and removed by the Nineteenth Precinct police. One of the coroners was notified to hold an inquest over the remains, Tue Surrosrv Wire Mcrper.—Coroner Keenan was yesterday notified of the death of Mrs. Mary Morrissey, late of No. 81 Roosevelt street, whose death, it is alleged, was the result of kicks and fist blows inflicted upon her by John Morrissey, her hus- band, now under arrest, as Biresay reported in the HERALD. Owing to the absetice of witnesses after a post mortem examination by Deputy Coroner Woos- ter Beach the inquisition was adjourned till to-day, FaTat Accrpent IN ESSBX STREET.—Charles Dil- lon, a man thirty-five years of age, yesterday after- noon fell from a fourth story window of premises No, 152 Essex street to the | bee nt and was almost instantly killed. ‘The of deceased were con- veyed to his late residence, No. 76 Sheriff street, where an inquest will be held by one of the coroners, who was notified. In Brrer.—Quite a number of the merchants and merchandise brokers of Front, Wall and Water ‘at three o'clock on Satu of a till the Ist kf pol cane custom is be- coming more general now ". The regular monthly of the Constitutional Union General Committee, Ww! was to have been held last evening, did not take place, a quorum of Members not being Among the ngers by the steamer Guiding Star, witich left this port yesterday for Aspinwall, were Mr. B. L, Daven the distinguished and ver- satile actor, en route to California to fulfill an en, = there, Mr. Davenport’s family accom Yesterday the John Rome? wns fold, ‘This steamboat, re tobe the fastest of her clas on the river, disposed of about @ fortnight ago, was sold again yeoterday by Messrs, Burdett, Dennis & Co. for 1,500, POLICE INTELLIGENCE, ARREST OF ALLEGED RIVER THIEVES—ROBBING A Scwooner,--At an early hour yesterday morning, Patrick Doran, @ longshoreman, and a mariner named James McDonald, as alleged, went aboard a Schooner lying in the North river and stole therefrom three chests of tea_worth #100, belonging to Mr. Thomas Brown, Subsequently George Updegrove, f private watchman, living at No. 31 West street, Saw the prisoners in the act of taking some chesta of tea into a store in West street, Omlcer Neabitt,yof the harbor police, arrested Doran and McDonald, who were taken before Justice Dowling at the Tombs, Dennis Nugent, captain of the schooner from which the property was stolen, Bppeared aud made ® complaint against the defeud- A Dance Hovss Rosssry.—Henry Lupier, of 63 Greenwich street, yesterday caused the arrest officer Kennelly, of the Twenty-seventh precinct, Catharine Moore, an inmate of the disreputable years of age, as leged, took money from his wallet, in which Ff Fre e Bt . ind it. nitted the accused for trial and Lupler to the House of Detention as a witness, ForgERIgs BY A YOUNG ENGLISI™aN.. Stewart, a smartly dressed young Englishman, wi arrested yesterday on a charge of two forgeries, first forgery was on Harper Bros,, through whi he succeeded in obtaining @ dozen “Handbooks Euro] Travel,” and the second a polite Mr. Van Nostrand, the Broadway publisher, to a certain newspaper establishment copies of he desired to be reviewed. The accnsed the forgeries and was committed to eg es Mansfield, of the Essex Market Police Court, friend offered to send him back to England by morrow’s steamer if the Judve would let him but the latter failed to see it In this light, ALLEGED FELONIOUS ASSAULT.—Henry Casey yesterday arrested and brought before Jndge field on a charge of felonious assault preferred Casper Mainwood, 125 Suffolk street. The assault alleged to have been committed with a stick of w The accused gave bail to answer. GRAND Lanceny.—Edward Sheridan was yeaterd| committed by Judge Mansfield at Essex Market Poll court to answer the accusation of stealing $200 front, palin Smith while the latter was asleep. He cone taking $60, but denied taking any more., | Tae CLUB AGAIN aT WorK.—Yesterday a cartmay| named James Quincy, of No, 831 Thirtieth street, quarrelled with a woman about the remuneration fo! services, Officer Tulley, of the Twenty-ninth cinct, interfered, and after clubbine Quincy bad: took the parties before Justice Dodge, who re] manded the officer for his brutality and referred cartman to the Police Commissioners for anoint the officer. Thecartman appeared tn cou! with his neck and face covered with blood and se" eral cuts upon his head. What extenuating circum¢ i can be offered for the clubbing did not trang: re, | DRAWING A PISTOL AND ALL Asour It.—MF John Rosenberg, a cigar vender, appeared as com plainant yesterday before Justice Shandiey agains! Mrs. Loretta Miner, living in Sixty-seventh stree’ near Broadway, who alleges the drawing of a pi on him by Mrs. Ming, and makes other allegatio1 of a rather more startling-character. According his statement Mr. J.D. Miner, the husband of lady named, employed him on the 5th of Jan to watch the movements of the latter, with view to collecting proofs bearing on divorce which he wished to obtain, for whi service he was to be paid $ a Until a few days since he kept up this Saree reported progress at times tothe husband and ived $50 on account. He went to the house to more money, when Mrs, Miner confronted him w! revolver in hand in presence of her husband, made him take back all the statements he hed mad¢ agaist her. He confessed to getting on his knee and making the retraction, but said it was from fea of his life and not on account of the untruthfulnea of anything he had stated, Mrs. Miner gave bail t answer the charge. e A WIFE ASSAULTING HeR HvsBAND.—Mrs, Mi McDonald was committed yesterday by Justice nolly, at the Yorkville Police Court, to await the sult of injuries inflicted on her hushand by her ing him, as alleged, with an axe. The husband unable to be present on account of his injuries. alleges that her husband first assaulted her, and she hit him with the axe in self-defence. A $10,500 BOND ROBBERY. Arrest of Brokers Having Some of the Bad® in their Possession—Their Examination, the Tombs Police Court. On the night of the 22d of March last the safe in office of Ambrose C. Kingsland & Son, No, 55 street, was broken into and robbed of fifteen Vi State bonds of the value of $10,500. These bon ‘Were numbered as follows :—1,243, 1,101, 11,124 11,479, 12,619, 13,014, 258, 874, 929, 1,895, 3,618, 4,92) 4,951, 4,952, 4,053, A day or two ago Mr. George L. Kingsland fou ag record of the numbers of some of the stolen bons on the books of Manning & De Forest, brokers, 19 W: street. and he thereupon appeared before Justi Dowling and made a complaint of larceny agati John B. Manuing and Albert H. De Forest. On complaint the Justice issued a warrant and placad in the hands of detective Dusenbury, who yesterd arrested Manning and Forest, and recov four of the stolen bonds, which were in their jon. The prisoners were taken before Justice Dowli for examination, when Assistant District Attorn| Gunning S. Bedford appeared for the prosecul and Mr. Robert Sewall for the defence. ‘The first witness called was the complainant, George L. Kingsland, who testified as follows:— see L. Kingsland sworn, deposed:—! Virginia State six per cent bonds were stolen the place of business of Ambrose C. Kil land Sons, at No. 55 Broad street. on the 22d M Monday or Tuesday of this week at thelr office, 19 Wall street: I saw both Mr. Manning and Mr. Forest; I had a conversation with Mr. De Forest told him that I had received a notice from the AI tor of the State of Virginia, informing me that bond had been: sent Richmond, the altered, and that he had presumed It to be one of bonds stolen from-us, of which we had notice; that this bond had been sent down to Me pew &Co., of Richmond, by Messrs. Mannh ‘ol ing of New York; De Forest told me that fi bond brought into his ofMfce along wit number of other bonds; that he had declined to ht this bond for the reason that it had been but had tht the other ones; he showed me of the bonds he had bought in a book, among w! I recognized the numbers of ten bonds wi our Property; De Forest also said that he knew of our having robbed, and that he } it the bonds him®elf of parties in good faith; that he had sold all the bonds he had bought meaning the bonds the numbers of which on the book he had shown me; ti were the bonds which were stolen on the 220 March: he used the expression, ‘all the bonds;”” a was Monday, the 27th of April; Mr. De Forest ‘ol me he purchased the bonds from Hendricks, Chr&i &Co.; there seemed to be no concealment of tl fact that he had these bonds: the bonds were inot safe prior to the larceny; the safe was broke Cs between the night of the 2ist and the morning o} na 22d of March. i The witness was cross-examined at length be | Sewall, after which detective Dusenbury was pl on the stand and testified to obtaining four of the bonds in question from the defendants on wal : q Attl tage of the examination Mr. Redford vit drew harge of larceny and put in the charse recet tolen goods, Evidence to prove this wag then ii juced, when the prosecution closed. Mr. Sewall then madea motion to disiniss the co supporting his motion by briefly reviewi mony. His Honor dented the motion, for the defence were called. Kendricks, of the firm of Kendricks, Christ . Was the first witness. He testified to kiows 3 on the 23d of April sol Virginia State band before th Mr. &C ing the defendan' them $7,000 worth of 25,000 ‘of these bonds were issued war and $2,000 since; for the former I charged fift; cents and for the latter thirty-six centa; this wi their full market value; when T offered these bon for sale I did not know that they were stolen; rev heard of the Kingsland robbery; bonght the ton from Mr. Wilitam Muir, of Broad street; one of th bonds was defaced when I bought it, and Mr. Mul afterwards refunded its vaine to Mr. De Forest; have been in business since 1863; it is a commot thing in Wall street to reject Southern State bon for informalities. Further examination of the case was here Journed until halt-past ten o'clock this morning, th defendants being required to enter into $7,000 bonds each for their appearance. LIBERIA, A Country for Freedmen. (Correspondence of the ie Sun) i "CHANAN, G. B. Countr Tam happy to inform you that 1 Well and have been well ever since I left home, as have been all my family. iam very well satisfled with the country. better satisfied than I ever was in all the days of m: life, I thought I was free in America, but I was not until I stepped ashore in Liberia; and I thank @ that I can now declare my freedom without fear. I Was twenty-nine days after we left Chariesion befor ‘We saw any land, and the first land we caw was Cay Verde, Inhavited by the Portugese; the next wag Monrovia, and then we landed at our station Grand Bana Country; and of ali iands that 1 ha never seen before I have seen in this country; and ail the trouble you have in getting your lan is to walk about and pick ft out for yourself, Janded here on the 4th day of Janva: ind can ashore on the 6th of January, and on @ ith I went out to inspect land, and found it good. On the oth Went out again and picked out my land between tw towns—one mile from each, Of dll the fruits [ foun on the land my tongue is unable to explain, but will give you the names of some, First, a field of thirty acres of cof cocoanut trees 1 ‘an. 10, 1938, ¢, Secon any quantity. Third, lemons by the bushel. Fourth,’ the great palm tree, the most important and pre~ Cious tree in the country, from which we get nico oll, cabbage, Lutter, then the kernel, shingles, the cord and thread. And then, beat of all, we can gel Wine of it to drink. All of these we have on th farm. Teil my brother Washington that this is th country to come to, I will now close by ae Temeia yours, MBNBY LBW1By