The New York Herald Newspaper, October 4, 1868, Page 5

“ _o fhe Unites States ve. John Farrell.—The examin- ‘ation in this case was resumed yesterday morning at ‘Ge point left off on the previous day’s sdjournment. hen the aceused (Farrell) was not in court and con- @equently could not be identified as the party men- & bea lottery ticket to the informer. was in court and fully identified. Deputy of the Fourth dis- that the duties of his office were the te cS lection of taxea ani Superintend the collection of the 3] tax on lot- ry and other licensed business within the district; Knew of the premises No. 79 Mercer street; there has no return of any assessment on the house or business carried on therein; the house is not our office; et ‘thle shops in the dis- eee = ‘3 il # 33 i 2 on bool tocarry on the business of lottery ticket dealer, or as having paid the required Has any person been at your office at any time reference io entering into bonds for the house lercer street? A. Yes, sir. to the arrest of these parties? A, No, sir; to that Mr. McIntyre called with regard to general business, Mr. Adams was entering on cross-examinaton of to show that bonds had been presented for the license of several places, including the No, 79 Mercer street; but the Commissioner & question which elicited the fact that in Bo case could the collector accept bonds for a piace assessor. tor returned by the 4 closed the case Farrell who was held sain Gan Ce Mg ent ot ba 8 pol the giving of pling A the Commissioner in the wilt be ‘up before Judge Blatchford in a few a demurrer, when the whole question will argued. The McIntyre Onses. ‘Commissioner announced that the prosecution Ro witnesses to produce in the case of the ited States against John and Peter Molntyre and parties named were therefore discharged. COURT OF APPEALS. & Town Corporation Case—A Writ of Supere sodeas. Before a full beneh. Tne People ex Rel. Samuel J. Gerritson vs. Barnet 4. Fonnston, Justice of the Peace of the Town of Gravesend, and Others.—The relator obtained an ex Parte allowance of a writ of prohibition and a writ ba bisitchaly to stay proceedings for the assessment damages by reason of the laying out of a Aighway in the town of Gravesend. The respond- ents moved at Special Term to quash the writs, Which motion was granted. The relator then ap- Peaied to the General Term separately from the order as to each writ, but the orders were afiirmed. That decision was now appealed from. The court held tuat a writ of supersedeas, like a writ of certiorari, was discretionary and not appeal- able, and the appeal was dismissed. Decisions. Pre ei vs. Appleton.—Appeal dismissed without re ex rel. Lee —l pee vs, Lynch, Sherif.—Motion Monday’s Calendar. PREFERRED CALENDAR.—NOs, 36, 37, 38, 39, 46, 47, 49, 60, 52, 53, 64, 237, hi, sett SUPREME COURT—CHAMBERS, The Lottery Managers? Quarrel—Another Phase~Jobn Morrissey in Court Yesterday. Before Judge Cardoza. John Morrissey vs. Zachariah E. Simmons and Others.—The argument of the cause was commenced at one o’clock P. M. Mr. Morrissey’s counsel stated from the papers in the case that the litigation related to interests in lottery grants by other States, in which % must be admitted tiey were legal, and instituted for worthy purposes; that these grants were worth nearly a $1,000,000: that Mr. Morrissey trans- ferred his share to Mr. Simmons for $212,000 on an agreement that if Mr. Simmons failed to pay any of iis instulments he should return Mr. Mor- rissey his shares and sorfeit’ail previously paid; that Mr. Bimmons paid $59,000 cash and five notes of $8,000 each, and then failed to pay the sabsequent Botes. Mr. Morrissey seexs to exact forfeiture, but otters to waive the jorieivure on certain conditions. But besides this he charges that Mr. Simmons has so mismanaged the busiuess as not only to render the business unprofitable but to endanger the continu- ance of the grunts themselves; and taat Mr. Sun- mous has made arrangements and conso!tdation ‘with Wood, Colton & Co., and others, contrary to the terms of the trust decd, and threaten to make Mr. Morrissey’s inierest inthe grants worthless. He asks ® continuance of the injunction against the aliena- tion of the grants, and an injunction against the prosecution of the business or the appointment of a receiver to carry it on. The Court asked what defendants were repre- sented. Ex-Recorder Smith answered for Messrs, Simmons, France, Bausch, King and Stewart. #- Acting counsei for Mr. Morrissey said that Mr. Stewart had by telegraph requested Mr. Morrissey to engage counsel for him, and he had engaged Mr. Ernstein. Mr, Svea answered for Messré. McCool, Wood and Anderson. Mr. Brady aaswered for Mr. Stanley and ‘another gentieman for Mr. Morris. Mr. Smith read an affidavit of Mr. Simmons to the @fect that Delaware had abolished lotteries; that the eni State, Shelby Colleze and Paducah Library fottertes also been abolished; that the new con- stitution of the State of Missouri prohibited lot- teries there; that tue Henry Coilege Library, Ma- sonic and xington Library lovteries were re- ed; that the Green and Puiaski and Sparta lot- grants had expired by limitation. ‘This ciosed the session, aud the further hearing of the case was adjourned tili to-morrow morning at eleven o'clock A, M. Card from Mr. Work. New York, Oct. 3, 1863, $0 THE EDITOR OF THE HERALD:— I see in your report of the proceedings of the Su- preme Court that I am named as one of the Gefendants in the case of John Morrissey vs. ¥. E. Simmons and others, I am not now, nor have I ever been in any way, either direct: or indirectly, connected with the lottery busi- ness in this clty or elsewhere, other than having in business as a stock broker taken a certificate of what purports to be four (4) shares of the atock of the Paducah lottery, valued at $3,000 aud chartered y the State of Kei the “bearer.” Ik eft eft, ky and standing in the name fully yours, et 7 OP RANS WORK, SURROGATE’S COURT, Before Gideon J. Tucker. ‘The following mentioned wills were admitted to probate, viz:—Rober Orr, Jean Jacques Beauron, Magdalene Bode, John F. Duncklee, David P, Roach, Michael Bauer, Johann Meineche, Joshua J. Henny, ‘Whilueimina Sudorg, Robert B. Dore. Letters of administration were granted on estates of the following named deceased :—Ceciila Copman, Peter Cahiil, John Conklin, John Hettinger, Mary J, tels, Joshaa juinn, Gras E. 8. Marshall, Jacob O'Connell, Aan Covell, George Levy, William Beechér, William G. Post, Janes Hai , John Wells, Ann Mi. Burger, August March, Kdward Hanser, John Spicer, James Atchison, Francis L. Stevenson, Francis Cuming. * KINGS COUNTY SURROGATE’S COURT. The wits of the following named persons were proved in the Surrogate’s Court during the past ‘week :—Jurgen H. Tonges, Mary Ann Dougias, Catha- rine Morrison, Charies G. Poppits and Jobn McPher- gon, all of Brooklyn. Letiers of administration were ranted on the es- tates of James Cook, Charlotte Conrad, Sarah B. Baker, Mary P. Chambers, Adolph Courant, Mary and Augusta A. Spi of Brookiyn, aad Jaques R. Stillwell. of the town of Gravesend. ters Te oe were granted to Lucus A. @ibbs, Carl F. Newman and Thomas 8, Blankley, of Brooklyn. COUNT OF SESSIONS. ‘The Female Fight at Stewart's, Before Justive Dowling. Mary Gil v8, Elvira N. Spinola.—Immediately on Judge Dowling appearing on the bench yevterday at nine o'clock counsel for the defendant in this case applied for an adjournment on the plea of the ab- ent, This wasa charge made by the Sein ue, rea on her by 8 on the fore! with a poreedl on tha lat of October. ‘The affray took Place in the store of A. T. Stewart. In answer to counsel's application Judge Dowliny saldet ain sorry. ou 80 suivived the ‘devendant a to , after she was notified to be here, This eourt never tries a person who is absent. If the itgrent of a court 18 8 8 Byers who will is'8 mere application for an adjourn. Counsel—This ‘The defendant is rather a matronly looking woman and was apparelled m @ rich broché shawl, dark black dress and bonnet, She looked somewhat em- barrassed at.appearing in @ crowded court room, pee lid showed a good deal more of self- Counsel again applied for an adjournment of the case. The patna sald she would rather have the case tried at present, but at thesame time she had RO opposition to an adjournment. The Judge in gotap) ice with the application adjourned the case until Thursday next. To Tux EDITOR OF THE HERALD:— . Your report in last Friday’s issue of the HERALD Telative to a disturbance between Mrs. Spinola and myeelf, at Stewart's, is false in many particularsand Goes injustice to myself. The facts of the case are these:—In company with friend I was at Stew- art’s making some purchii gar mand we met Mrs. Spinola, who, without any pro’ ion on my ‘be- gan to abuse me in & most shameful and uniadylike . to blind you,” “I will manner, saying, “I am disigure you for life,” Seat Pl kill you,” to which I replied, “All mete. when she upon me and struck me on the head with her parasol. I then calied an officer, who arrested her, and in his pres- ence she said, “Tam @ poor, deserted wife.” This is all that was said, as can be verified by other ladies who were present and witnessed the whole affair. If Mrs, Spinola is a deserted wife {i 1s no fault of mine. MRS. M. GILL, 136 West Sixteenth street. CITY INTELLIGENCE. ‘Tae WEATHRE YRSTERDAY.—The following record wilt show the changes in the temperature tor the past twenty-four hours as indicated by the thermom- eter at Hudnut’s Pharmacy, 218 Broadway, HERALD Building:— i .67 SPM. 1 59 6P. 61 OP. 8 ‘“ . 61 12P.M a3 verage temperature... Average temperature Friday. 613 SPECIE FOR EUROPE.—The steamship St. Laurent, which sailed yesterday for Havre and brest, took out $36,000 in specie. Ciry MorTaLiry.—The total number of deaths in this city during the past week was 462, being an in- crease of eight over the mortality o1 the previous week. POLICE ARRESTS FOR THE WFEK.—Saturday, Sept. 26, 284; Sunday, Sept. 27, 146; Monday, Sept. 28, 264; Tuesday, Sept. 29, 200; Wednesday, Sept. 30, 2 ads Oct. 1, 257; Friday, Oct. 2, 209.—Total, Encue’s Comet.—This small comet ts now in the constellation of Noctua (the Owl), and ten degrees southeast of the noted lunar star Spica, in the sign of Virgo; and being thus in that portion of tue heavens near the sun it is invisible. When best seca it appears as a laint nebulous opject. SrREeT COLLISION.—A little before ten o'clock yes- terday morning Eugenia Marteau, of No, 242 Eighth avenue, while passing down Broadway, when near Dey street, ran against a box on the shoulder of a po susiaining injuries of the bead. She was taken ome, A NEW ARRANGEMENT IN THE TomBs.—It was given out yesterday that the Commissioners of Charities and Corrections have enacted a new ruil according to which all persons charged with capital offences will be contined in single ceils. The rule was lo take effect yesterday. Tae LICENSE BUREAU.—Marshal Tappan, of the Mayor's office, issued 557 licenses during the past week, as lollows:—29 express wagons; 10 street ven- ders; 433 public carta; 55 drivers; 1 each to porter, dog cart, boarding house and intelligence office; 9 dirt carts; 7 coaches. Total‘amount recefved was $484, of which $16 was received on account of fies, Banner RatsinG IN CHAMBERS STRERT.—At three o’clock yesterday afternoon a handsome Seymour and Biair banner was raised at 146 Chambers street. A temporary platform was erected, and Mr. Jobn J. Robinson was appointed chairman. Speeches were made by Judge Kequier, Judge Curtis, and C. H. Winiicld, of Jersey City. ANNUAL MEETING OF THY BUTCHERS.—The annual meeting of the Butchers’ Assciation, C. Scott presid- ing, was held last evening, at 267 Bowery. The prin- cipal business consisted in the election of officers for the ensuing twelvemonth and the payment of dues. The association has now on its rolls over 150 members, and a balance of $11,000 to its credit at the bank. TRapES’ UNION MrETING.—A meeting of the trades’ union representatives was heid lastevening at 267 Bowery, Mr. Troup presiding. The chief ana only business was the appointment of committees, consisting of two from each ward in the city repre- senting the labor interest, to unite in the project of selecting and supporting sucti members for Assem- bly as will pledge themselves to secure the repeal of the obnoxious conspiracy laws and sustain the eight hour movement. Danina BURGLARY.—Between the hours of one and two o'clock yesterday morning, a party of burgiars were surprized attempting to blow open the safe of Kramisch & Co., Nos. 241 and 243 East Forty- third street. They had effected au entrance into the above premises from the rear, and carried the safe into the yard, and were to work upon it when dis- covered, whereupon they made their escape through an ulley, leaving their tools behind them. Founp Dap iN A Yard.—Coroner Schirmer yes- terday held an inquest at the Sixth precinct station house on the body of John Doyle, who was found lying dead in the yard of premises No. 9 Mulberry street. Deceased was a man of exceedingly Intem- perate habits, and leaving his bed at night was found dead In the yard. In the opinion of Deputy Coroner, Cushman, who made an exuwmination of the body,” death resulted from intemperance. Doyie was foriy- two years of age and bora in Ireland. OpsrQuies OF THE LATE WILLIAM GeRanD.—The funeral obsequies of the late William Gerard were performed yesterday afternoon at St. Mark’ Episco- pal church. Anumber of the friends and relatives of the deceased were present, The burial service was read by the Rev. Mr. Partridge and the Rev. Dr. Gallaudet. Dr. Galiaudet then delivered a brief eulo- gium of the deceased, remarking that his life was not characterized by any reuiarkable incident, but was jaiet and unostentatious, and practically Christian, fhe remains were taken to @ grave in the ground outside the church, where they were interred. ‘he following gentlemen acted as puilbearers:—Jobn S. Bett, Henry Messenger, Judge Kosevelt, Alexander Agnew, Alonzo Woodrow, Wiiham H. Pophen and A. J. Bieecker. PIANO MAKERS.—The Society of Piano Makers met last night at the Germania Assembly Rooms, the President, Mr. Henry Siebert, tn the chair. The principal topic of discussion was the resolution passed at the previous meeting to request the bosses to raise the wages ten per cent. Delegates who had been appointed to ascertain the disposition of the employers in reference to the proposition, reported that there was a general willingness to acceed to the demand. It was announced that Measrs. Decker & Brother were willing to pay as high wages as any other house, or higher if necessary to secure the ser- vices of good workinep, An animated discussion took place petween the more prominent members of the society on the advis- abiuity of declaring the wages of piano- makers all over the city raised ten percent A Meinber moved that no steps be taken in the matter until after the November election, there being no rounds for supposing that times would be dail after the excitement of the political canvass had passed. This view of the matter, however, was combuated by several persons, who argued that the elections had nothing to do with the prosperity of the trade and that there would be much ne difficulty in obtaining an increase of wages in the dull months of winter than now. After some further discussion it was resolved that a mass meeting of the piano makers of New York be held in the German sembly Rooms at eight o'clock A. M. for the pur or deciding the question of inc! ‘wages, aud the meetiey soon after adjourned. POLICE INTELLIGENCE, Tar Broapway THEATRE OUTRAGE.—The exami- Dation in this case, before Judge Shandiey, of whe Easex Market Police Court, which was adjourned to next Tuesday, has been further till the 20th inst, It is expected that the tional testt- mon; to be taken will tuen be submitted and the case be finished. RONNING DOWN AN OFFICER.—Thomas Phelan, a hack driver, was arrested for running down omicer Orumiey, of the Fourth precinct. The officer was Aasiating a lady and child to cross Rovsevelt street, at South st,, when ‘who was {ntoxivated,ran against and knocked him dow, lijuring him peri- 3 the 28s. fa being: tenon heteen Suatien Downy BURGLARY.—On Friday night the room of Abraham D. Clark, at 154 Spring street, was entered and his clothing and money earried off while he was sleep- LARCENY OF CLoTuina.—Aaron Rainbow was yes- terday arrested and brought before Judge Shandley, of the Essex Market Police Court, on a charge of stealing clothing of the value of $58, belonging to Solomon H. Hanford, No. 276 Pearl street, in whose employ he waa. ‘The. acaneed, RO consaened to abe aalar'? emirate ws, Ri St mitted to answer. lip was likewise Fischer: fond esterday, before Judge Shandiey, with keeping the cloth for three cons which had been iven him to make up by 81 Dobbin, of No. 344 wery. He was also | up for trial. BURGLARY IN BEREMAN STRBET.—John McLaugh- Mn, a young man, was yesterday arrested by ofticer Fitzgerald, of the Second precinct, on the charge of having on the night of the 28th of August last broken into the gold beating establishment occupied by Jo- seph Sorem, 39 Beekman street, and stealing there- from gold leaf and gigara valued at $52. John Dean, attached to the premises, testified that McLaughlin was in the habit of looking about the premises with- oat any employment and that after the burgiary the accused offes similar to those stolen from the premises to Mr. George Bonner, No. 27 Park street. The was comitted for examination. A CARPET BaG OF BRICKS—SUAKSPBABIAN READER IN TROUBLE.—Yesterday afternoon Charles Whitney, a large, fine looking man, better known as “‘Profes- sor” Whitney, recently a Shakspearian reader at Dod- worth Hall, was arrested by an oficer of the Twenty- seventh precinct on the charge of defrauding the proprietor of the Western Hotel, Cortland street, out of two days’ board. When asked to pay his bill the professor expressed his inability todo so, On ex- amining his carpet bag it was found to contain several bricks and copies of some of the daily rs. Pro- fessor Whitney claims to be a respectable man, living near Binghamton, in tis State, and says he came here to speak at a democratic meeting, but becoming inebriated went on a spree and lost money. He expressed his ability to pay the bill, and says the bricks were placed in his bag by some friends by way of a P soar Justice Dowling committed the ac- cused to the Tombs, . THE ALLEGED RoBBERY OF $6,550.—Anson Schmitz, the keeper of a hotel at No. 204 Third avenue, who was arrested by Sergeant Burden, of the Jefferson Market Court squad, on Friday evening, upon in- formation laid before Justice Dodge by Christian Koch, of Newcastle, Pa., was yesterday arraigned at Jefferson Market. The complainant charges that Mr. Schmitz, on the arrival of the complainant as a pe at his hotel, ex) d great concern about six 1,000 five-twenty bonus and $550 in gold which Koch had in his ion. Koch was induced to deposit the amount in the safe of the hotel. Whea he applied for it, he asserts, Schmitz refused to sur- render it on the ground that his safe had been entered and the property stolen. . therefore, charged bim with robbing him by trick and device or the $6,550. Mr. Schmitz appeared with his counsel and Robert H. Bleakie, of 361 West Twenty- first street, and waiving an examination entered into ten thousand dollar bonds to answer at the General sessions, Mr, Bleakie becoming his bondsman. The case is a very mysterious one, and the evidence is by no means conclusive against Mr. Schmitz, who is a mun of large property and fully responstbie for the security of the amount in a civil court. The fact that there is a standing reward of $1,000 for the re- covery of the bonds was an incentive to the de tectives, who have so far been unsuceessful in re- covering it, Pal Bia tat ah ee IS ANOTHER LOTTERY SWINDLE. The Soldiers’ Orphan Institate of New York— A Californian Eden. In spite of the repeated exposures and warnings given from time to time by the public press the lot- tery swiudling system still flourishes as one of the Most profitable of the numerous branches of roguery. The amount of money and the number of people annually “taken in” by the propmetors and directors of the numerous bogus benevotent institutions which exist throughout the Union would, were it possible to get at the correct figures, at once and completely destroy the national reputation for “cuteness.” If, as Swift asserted, human happiness consists in being well deceived, the chevatiers @ industrie who live on the profits of these lotteries may lay the flattering unction to their souls and consider themselves phi- lanthropists of the highest order, while thetr patrons, instead of being pitied as ignorant dupes, are to be congratulated on the exceedingly felicitous results of their little investine! It must be con. fessed, however, that Swift's de’ u of happiness 1s not generally accepted as correct—m fact the m jority of thinkers reject it as insulting to common sense, and consequentiy public opinion insisis that the lottery mavageis are a pack of arrant knaves, and their patrons a set of fools and simpletons, Tho following facts concerning the ‘soldiers’ Orphan institute” scheme are eminenily cuiculated to sup- port the verdict of public opinion. Frowm the cireulars issued “by order of the m: agers,” it would appear that the company was corporated for the especial purpose of distributing presents varying from $10 to $50,000, Nothing was required of the generous public but “con tribntions and co-operation.” Subscribers are re- quested as a particular favor prompt in sending word as to “how they wish their presenis sent,” and although it is net so worded in the bond they are also required to decide as to whecher they would like to have them at once or would prefer waiting until they get them. Those who may be fortunate (?) enough to receive a notice of having drawn a& present valued over $25 are at the same time instructed to tose no time tu forwarding five per cent of that amount to “Messrs, Read Co., bankers and receivers, No. 6 Clinton Hall, Astor piace,” for the purpose of defraying expenses, such as the wheels, siationery, clerk hire, stamps, rent, &c., &¢. Among the other expiicit instructions for- warded to subscribers are the following:— Your present will be sent promptly in ten days after the reception of the percentage. Don't vend for ugto ship your prenent and you pay on delivers. We cannot’ do it, a8 wo should have to employ more help than would want to pay and thus lesson the. profits to the ticket holders. Also avoid sending to your frienda to call and get your presents; it not oniy gives them trouble, but ft is a great annoyance. ‘They are always sure to cail when we have the most business on hand, and they insist upon being waited on firet, 4c. &c. To accommodate then we have to 'nn through the immense amount of names, and many times we bave two of same name ; then we have to refer to our register containing the name. town and Btate to correct one. Then, again, if you send by them or shold come yourself you incur expense, for you know what yor have drawn by your notice and, you see by a vote of your committee you cannot collect at sight. No article is delivered under ten days’ notice, 80 you or your friends would have to wait ten days before being able to ob- tain what Is against your name. We Lave this rule and must adhere to it, for those that send us thelr percentage we foal in duty bound to wait on first; therefore, we wak as @ grest personal Cavor, thet upon the receipt of Jour notitcn: fon ff there le a percentage of a few dollars to be paid, send {t by mail, then you will not only have done us @ great favor saved ua much unnccessary trouble, but you will, at the some Une, have kept the matter in a eraight, business-like © that ft will avoid all mistakes by our employes, and you will be sure to get your present at the time spectied. ‘When you recive your present be kind enough to inform us Of the Inct, so we can file away ax dei incase you do ceive it ut the expiration of ten days, be prompt in clv- fug is word, #0 we ean look It up. y basiness enclose stamp for return answer. For the benefit of those “odd fish” who fail to discern the hook in such @ remarkably transparent Piece of bait as the above, the following veritable documents are reproduced New Your, July 2, 1868, Oran Stn:—The Committee notify you that yon have drawn a gold watoh valued at 2200. Five percent on this amount whl be #10. This percentage must be srut on yecelpt of this notice, with directions ae wo how you wish your prize sent, respectially, READ & CO, order of the Committee. . Having gee pe complied with the demand for percentage, and at the same time forwarded the necessary directions, the recipient of te above, Whose name is suppressed for very obvious reasons, remained in “expectation sweet" until the foliowing further communication came duly to hand:— —- Reorsvees’ Orrior, ORrHAN INeriTeTE,) No. BCLINTON HALL, ASTOR PLAOR, N, ¥. Augnat 4, Tabs, | Yours received containing $10, which has i your credit. On referring to we y you is valued at f $200, {ue us. On receipt of this amotat we will forwar ‘oh wa per jones, Yours, respectfully, mn READ & C0. Receivers. Inatead of forwarding the additional five dollar by mail the “forumate” subscriber catled at No. 6 Clinton place jor the purpose of handing it to the “receivers” in person. Strange to say, Messrs. Read & Co. were always out, aud no one could be found who knew exactly when either of the members of the firm was likely to be “in in.” Any number of letters could forwarded to them; but the chances of obtaining @ personal interview were #0 remote that the drawer of the $300 watch was forced to the concinsion that it had cost him @ deal of time, some ten dollars in currency, and that he had better pocket the additional percentage and the experience and say no more about it. “THE City b¥ NRWrorT.” In addition to rs! diamonds, gold and « & t the directors of ber" to California, as follows:— S1n—I write to you for bape agi concernant: Ha ies eacueartorgy ee 2 Apes tes tee Vee at Pt Ce ers fe humbug ft I will have to a tan agent sry ie erent wi very much ‘The reply of the Postmaster mast have been § Es ; bg] <r € He Ha al 3 fal eth eR : f H i managers the terminus of the wrong side of the lots are in the habit of journeying to the out-of. the-way hamlet to look after their iy, and doubtiess will continue to do so until some plan shall have been discovered for beinaing Sten bare- faced swindlers as the directora of Soldiers’ Orphan Institute to justice, THE DEAIH OF JAMES HAMILTON. Inquest Into the Death, as Alleged, by Polson, of James Hamilton—The Testimony of His Physician, His Wifp and a Former Servant. Yesterdy afternoon a jury, consisting of James Patrick Finlan, Leonard Price, Thomas Hyland, J. Sturges, John O'Rourke and John Brady, was empanelled to inquire into the cause of the death of James Hamilton, of 99 Thompson street, which occurred on Sunday, the 27th ult., after an illness of eleven days, from (as an autopsy satisfied a num- ber of physicians), the administration of some acid poison, which had been either sold by the clerk (a mere lad), of a draggist, who has his dispensatory tn Spring, between Sullivan and;Thomp- son streets, by mistake for Epsom salts in connec- tion with senna, or were subsequently substituted in the house of deceased by the sup} ison, or else placea there by accident or design and without the Knowledge of the deceased, his wife or servants. On the jury being seated, Dr. Hogan, the family Dhysician, came forward and on taking the usual afirmation made the following statement as to his knowledge of the condition of the patient before and Bul went to his dissolution:— Dr. Michael Hogan, aworn:—I am a practitioner of medicine and reside at 57 Bleecker street; 1 wag called on to attend the patient on the 17th of Sep> tember, at about four P. M. at 99 Thompson street; I found the patient in @ prostrate condition, suffering from great gastric disturbance; these symptoms continued until his diasolution; bis wife told me on first visit that her husband, the deceased, had taken a dose of salts and senna on the previous evening; about three minutes after having taken {1 she continued, that he began to vomit, having just said, “It is not salts, it is something eke—I’m murdered; be continued to vomit for Mout wife added; at the she procured an emetic and gave tt to him; having taken the emetic he began to vomit blood and to pass it through his bow- els, and in this coudition continued untii morning; T found him depressed when I visited him, and he con- tunued in this condition for the eleven following days when he died; I visited him datiy and the symptoms contiaued: on my third visit he complained of a burn- ing sensation in his mouth, and on examining it 1 found that the interior had commenced to get gan- grenous; he ded on Sunday the 27th ult.; the gan- grenous expression of the mcuth was evidently the result of some acrid poison he had taken; I was present at the autopsy of the body; the post mortem examination was held about nine hours subsequent to dissolution; Drs. Hogan, Finnell, Newman and others were present; at the autopsy the month of des ceased was found to be gangrenous, from which when alive, there was found to be a very offensive smeil; mortification had commenced before dissolution; one of his tonsils presented a dark appearance; his stomach was alsy dark and was highly congested; a considerable portion of the Intestines from the mach downwards presented also a dark and highly congested appearance; there was inlamma- lion found in ove of his Jungs to the extent of about the lower two-thirds; I consider tue state of the mouth and of the evtire intestines, &c., was caused, in my opinion, by corrosive pe aken into the stom: in opiaton death was caused by the condition of these paris, caused by that dose, what- ever it was. «. How many medical men were present at the aniapsy? A. There were Dra, Savage, Brodden, Richardson, Nerton, Nolan, and Finnell present at the examiuation; Dra, Fennell, Kichardson and Savage were with me before the patient’s demise; these medical men came to the conclusion that he would die; our presumption was that death was brought about by poison. Tou Juror—For six days he did not urinate; I vo ad my a, badd egg? al ae we hg tee absorbed some acrid json, from.) A state of his mouth ‘anit the condition of the body after dissolution. Alicia Hamilton eworn—I reside at 99 Thompson street; the deceased, James Hamilton, was my hus- band; Ido not remember when the poison was bought; it was about three months ago; | had sent for Roche le saits, but my husbavd on taking then sald they were not strong enough and sent iy little girl, Katy, for another kind; I and wy little girl took portions of the Rochelie #al’a; they were of no effect; I sent the ehild for salts aad senna; I said to my husband, ‘Will you take it?’ and he answered, “Never mind,” and then told the girl to put the par- cel on the shelf; I know she put them there; I told her to do #0, but did not see her, to put them beside the clock;[ amin the habit of keeping everythin; on that she!f, also all my paper parcels, besides col- fee, tea, saleratus, flour, &c.; the parcel I believe was tied up when brought to the house; I never had it in my hands; I cannot say that I ever saw it aiterwards; I had forgotten about it; I never had oxalic acid for leaning brassea, &c.; I never bought any poison for he destruction of vermin, not oven Paris green; I have two big dogs and two cats; they are a:ways there, ‘Yo the Coroner—I never opened the package; the package was opened by the girl; there were other packages; I conid tell the packag* trom others; it was small; Igaw It when Katy brought it home; I am positive there never was any poison in my house, Direct resumed.—Ou the Suuday | ek el my hus- band had a touch of the cholera and took some med!- cine; the attacks consisted of diarrhoea and pains in the stomach; he calied it choiera; had diarrhwa for about six hours badly; had cra) id not hear him complain of a burning sensation in the stomach; the cramps were in his legs; oue of these at one time was drawn doubie; { lata bottle of cholerine in the house; of this 'I gave thirty drops every ten minutes; in the course of the evening he recovered; on Monday he wanted to take the salts, but I said to him that I did not think him strong enough to take #0 active @ medicine; he was always costive; on Wednesday evening he took the salts and senna; he was up to this time weak; the senna and saits were given to him at nine o’clock that evening; he thought they would do him good; | was ironing @ shirt at the time and asked him to wait a moment; he said they would not be cold enough; I then told the girlto prepare the dose; this she did; the girl, Bridget, subsequently, on his asking for gave them to him; the senna and salts were prepared in the usual way, With hot water, and then simmered on the stove; my husband directed the girl where to put the medicine; he pointed out to her where they were on the shelf; I saw her make the pre- paration for use; saw her strain it into acup, which at my request she subsequently placed in a glass; it was strained througu a strainer; there were senna leaves in the straimer; I thought tue dose too much for him, but he thought not; the girl took up a parcel of th ina and the salts; besidea the senna there was a white powder in the package; she put all that was in the paper in a vessel; I sup: posed the leaves to be senua by their appearance; the dose was taken at eleven or a littie past eleven that night; he had not taken it over three minutes when be exciaimed “This is not salts which | have ta nswered, ‘‘Nonsense, it mast be;’? he re- plied, “No, it is not—4 feel # burning sensation in ny stomach;” he then sat down in @ chair and in to throw np; he com- jained only of the sensation of burning belag ‘n the pit of his stomach; one of the boarders came into tue kitchen aod asked what was the matter; I answered that my husband compiaiued of a burning sensation; the boarder owned that the medicine was two strong; We got him up stairs, and | then asked should | go for the doctor, and he sald no, but told me to get an einetic; when this was given him he commenced vomiting in avout three minutes biood; Isat up with him all vight; the emetic was brought in one powder, but I was dyrected to give but one-half, which operated; he commence’ to purge blood short- ly after he vomited; we were in the hablt of taking senna and salts; it was bts favorite medicine; since the demise there have been persons present look- ing for senna and salts; Lhave not seen a package of scone and salts said to have been found in the house of on the shelf since; I have not put away anything on wat sheif since the package in question Was found on that shelf; could not tell on what part it was foand. To a Juror—I did not suppose that he had taken pison; it never occurred to me; I bad the idea that ¢ had taken $00 powerful a dose of senna and salts, and when he began to throw up blood I got tright- ened. ‘Yo another Juror—{ had alum in the house for making & gargie for bis throat. Kate Sloan, sworm—I live at 73 Canal street; it ts with Mrs, Hamilton; was sent to bring is time by Mrs. Haui- to; I went to Mi store—tul didn't go the store; it was white stud, glie- around wane Firt one ae dee ta in it. - ia, stood up and pointed out tie boy who hed sold het the m ~~ the store, but no gentlem: Direct ex: The other boy was smaller than this one, i 's i] The witness could, however, write her name in a remarked that it was his intention id the parties accused responsible, as he did not think a druggist could be held innocent who sone hia service an acknowled.ed incompetent clerk, The inquest was then adjourned until eleven A. M. to-morrow, THE GAMBLE POISONING CASE. 2 i Sixth Day’s Proceedings Continued—End of of Miss Julian Muaguire’s Cross-Examina- tion—Testimony ef Margaret Winkler, a German Domestic in the Gamble Family. On Friday evening, when it was so dark and shadowy around Justice Bogart’s court room (Nan- nette, Rockland county, N. Y.), that the lights were brought im, there was a cessation of proceedings in this case forashort period, When they were re- sumed the cross-examination of Miss Julia Maguire was continued and finished, Some portions of this examination evoked the greatest interest In the minds of the audience, whose numbers had percep- tibly increased as nightfall approached, Following this another witness, Margaret Winkler, a German do- mestic in the family of Mr. Gamble, was put upon the stand, when the counsel for the detence agreed that owing to her having been convicted of petit larceny anisentenced—the crime be!ng perpetrated at Mr. Gamble’s residence—she was disqualified from testi- fying. Her testimony was, hOwever, admitied. Dr. Doremus, although it was fully understood was to have been it during the day. did not appear. ‘The cross-examination and the testimony alluded to occupied until haif-past one o’clock Saturday morn- ing. During the eventing session H. B. Fenton, of Rockland county, who has been an earnest attendant of the examination from its commencement, took part, and announced for the first time that he was One of the counsel for the prosecution. CROSS-EXAMINATION OF MISS JULIA MAGUIRE CON- TINUBD. Mr. Gamble and I back from New City Satur- day night, to the best of my knowledge, about seven o'clock. having been away about three quarters of ap hour; I did not think there was harm in riding out. with Mr. Gamble; I did not offer to Mr. Gamble, inasmuch as his wife was dead, to stop and kéep house-for him, nor did we have any conversa- tion on that subject during my visit; after I retired to bed on Saturday it I could not sleep; I was awake until between four and five o'clock, when I dozed off a little; I got up about five o'clock; 1 was not sick, the trouble, grief and friend I lost was the canse; I know that it was be- tween four and five o’clock Sunday morning before I got asleep, by hearing the clock in the parior strike the former hour; when I had the conversation with Mr. Gamble about his saying ‘that he heard the body was to be taken up” Mrs. Hujus waa present ard said “she did not Know what she would do if it was her case; Mr. Gamble had nothing to. gay about the body being buried in Greenwood Cemetery; there was something said by me about some of the relatives desiring the body to be exhumed, and after some religious ceremonies to be buried elsewhere; I said that Sister Carona would most probably like this to be done; Mr. Gamble said it could not be done with his consent; this was at the time, to the best of my knowledge, that Mr. Gamble said he had heard “that the body was to be risen;” I have nothing more to say or add on this point; this subject was not brought up acain between Mr. Gamble and myself during this visit; Mrs. Hujus said no more upon this 8) than what T have stated; I was at my own mot house in EKighty-fourth street, New York, between Secondand Third avenues, north sife, the night of August 7; 1 do not remember what I was doing that time; Tdon’tknow what time I went to bed that night I did not have such a cessation of my trouble and grief about the logs of my friend that L could sleep on Sunday when JT was at Mrs. Gam- ble’s house; my usual time of getting up is about five o’clock; did not sicep any more, on the 8th; from the time that I got up on Saturday morning | had no sleep until after I retired the fol- lowing Monday evenin cept that I dozed of a little on St nswer a question of “What 13 your age?” repeated, and, by com- mand of the Justice, she answered, sobblog, “iwenty years.” ‘Yhe name of that friend I visited in Yorkville on the 10th of August, after my return from Mr. Gam- Die's house, T will not give; Ido not want her name in the pubic papers. Opjected to on the ground that the question was irrelevant. The admissibility of the question was argued by the defence, but the reason of the inter- roratory was not given, as it might develop the line of the investigaiton, Other argument ensued, when the objection was overruled and question admitted and repeated, Q, What was the name of that friend whom z= visited in Yorkville upon your retarn from Mr. Gamble's? A. 1 will not answer the question; I don’t Want it in the papers. Counsel for the defence inatsted that the qnestion must be answered, but the witness still refused to do 80, when the Justice was asked to enforce the rule in such cases, and he again commanded the witness to answer, which she did. A. Her name ts Miss Ger- raty; she lived in Ejighty-sixth street; cannot say between what avenues it Was; there was no number on the house; she does not reside there now; she has removed; don’t know where; do not know her first pame; waa not long acquainted with her; I did not see the lady in 4 house; it was on the street; we left the house; I saw her in the house that Monday evening and we went out together; [ mean to make a correction about not secing ber in the house; we went out together; that friend has moved to Harlem; I do not know what street or num- ber; I last saw her about five weeks ago at church; [ do not know when Mr. Gamble threw the tumbler at his wife; the year was 1897 not give tie month, bat it was in the fall; it occurred in the parlor; Mr, Gambie, when he threw the tumbler, was sianding near the table; cannot say how near he was to her at the time; cannot say whether he was within twenty feet of her or not; I cannot say anything more about it; don’t suppose the room was twenty feet either way. Q, If, then, you suppose the room was not twenty feet elther way why can you not come withan that distance that Mr. Gamble was to his wife? A. I can not answer that question. Mr. Gamble was about half the width of the room from Mrs. G. when the tambler was thrown; I do not know whether that room was large as the one we are now in, nor do I know whether it was one- half, nor can | aay whether it was quarter as large. {The room referred to was the court room, which is about fifteen feet by fourteen feet.) Q. Was the room twenty feet in length? Objected to on the ground that the counsel must first show what the spate of twenty feet is, and then her judgmen* a8 an expert must be known, Objec- tion sustained, Mrs. Gamble then sat between me and her hus- band about in a line; I was — between the win- dow and Mr. Gamble; I was not directly in front of the window; don’t know who picked up the tam- bier; I saw the tumbler on the floor afterward; | do not know that Mr. and Mra. Gamble caused that tumbier to be thrown away afterward, nor do | know at became of it; the tumbler Orst struck under the window against the wail. Q. Who did you first tell, if any one, about this case under cousideration? A. Did not teil tt to any one. Q, Have you told any person about this case, or any portion you nave sworn to before you were ex- amined? A. No. q. Have you not totd any portion of what you have sworn to in this proceeding to Mr. Daily, Mich- ael Murphy, Thomas Murphy or Sister Caronay A. No. Q. How then was it that Mr. Datly.asked you the question to-day which elicited the statement about throwing the tumbler when you had entirely omitted = fact in your previous testimony? State if you now. Objected to that the counsel ought to ca'l the at- tention of the witness to the words contained in th: juestion, a8 it assumes that she recollects them. bjection sustained. q Have you not read, or heard read since your examination Saturday last and before to-day, the testimony which you then gave? A. J read it in the HERALD, Q. Have you not read, or heard {tt read, or been told it from some other source than the HEnaLp? That part of the question objected to which relates to what any person may have told the witness about r testimony given on Saturday last. Objection sustained, te Were you not in Mr. Dally’s office last week talking about the facta of this case, or about what you knew or could swear to in the case? A. No. ). Has not Mr, Dally questioned you in his office within four weeks as to what you knew about this case? A. No; and no one else that 1 know of. I was not in the room where Mrs, Gamble died Saturday night, y knowl ; were no curtains around the bed tn that room; I can swear that there were none around it; 1 did not take notice of anything but the bed; don’t know whether there was @ bureaa or table in it; Mra. Gamble has been at my mother’s residence; pred —— liquor there; it was not prescribed by a joctor. ‘This ended the cross-examination of Miss Maguire. ~ could be eaten. About ‘clock at right the foo de ann a a : aad Before this examination began the prisoner's gel asked for the privilege to prove Preliminary that this witness had been con of a me 3 common law, and that @ warrant of arrest 3 charge felony was then in the hands the deputy sher ff of Rockland county for service. ted to on the ground that there had been no conviction in the case. It transpired after. wards that this witness had been convicted of petit larceny by Squire hed or of Rockinn! county and Oned. It. was further held that the crime was nota felony, but @ misdemeanor under the law, and . a sot disqualify her. The witness was alow 0 testlly. My name 1s Margaret Winkler; I know Mre. Hujus; Thave known her as long as I Rave been the'e; went there the 14th of July last; I know Mr. Gamble; have known him the same time; have been in Mr. Gam bie’s employ; Mr, Hujus employed me; he hired me in Castle Garden, New York; nobody was with him; it was just as I came off the vessel, the 14th of July; came with Mr. Hujus “right on here; there were other persons with him when I ‘came over here;!” it was Mr. Gamble; saw him first in his own house; saw him on the cars; I do not know at what I saw him; their names are unknown to me; on train Mr. Gamble and Mr. Hujus sat and I sat alone; Mr. Hajus did not say to me where he wanted to go; I stayed in Mr. Gamble’s employ two. months and three weeks; I left it last Monday, this week; when I was in his employ he gave me instruc- tions about the work; they were given me in Eng- lish. The witness then sald Mrs. Hujns\gave her the work she had to do; she gave me these orders dur- ing all the time I was there; I ‘saw to the victuals and kept the house clean;’’ Mrs. Gamble was sick always up stairs while I was there; when she was sick Mr. Gamble took care of_ her; when he came down stairs Mra, Hujus attended her; I attended to making all the beds in the house and sweeping the rooms; before Mra. Gambie’s death Mrs. Hujus slept in her room; after her death she also slept in her room; I never saw Mr. Gamble and Mra, Hujus in bed together; Mr, Gamble slept before his wife’s death in her bedroom; after she died I made up Mrs, Hujus* bed; it had the appearance at times of two persons sleeping in it; I could see that it looked so, the front and oack parts supearing alike; I noticed th's appearance four times; these times were before and after the death of Mra, Gamble; Mr. Hujus was not in the house when I saw the bed in this way; Mr. Gamble and Mrs. Hujus slept there these % this was shortly after the time Mrs, Gamble died; some of these occasions were befere Mrs. Gamble died; that ts, the sppesrance of the bed alluded to; I saw this often: as long a8 I have been there; I no- ticed these appearances about the bed the first two days after Mrs, Gamble was dead; I saw Mrs. Hujus in bed once at dinner time; never saw her in bed in the morning; when I saw Mra. Hujus in bed at din- ner time I did not see any one in bed with her, but there had been two lying in it; I was up there in the afternoon; no one was then in bed; Mr. Gamble, on the Sunday night after his wife’s death, oe in the parlor: the rg is on the right side of the house as you enter front door; Mr. Gamble also slept on Monday night in the Parlor; since Mrs. Gamble’s death Mr. Gamble has not slept in the room where she died: after her when he did not sleep in the parior, Mr. Gamble sl tm the room alongside the one in which she died; this room was not the one at the head of the stairs; Talept there: he slept in the one next to where she diea; there are three rooms up stairs; these rooms are allina line; Mrs. Gamble died in the middie room; Mr. Gamble slept in the third room, counting mine as the jt room; Mrs. Hujus’ room was opposite to the one where Mr. Gamble slept. (To the question of ‘Where is hia room 9” the witness said “there was one little room, and then you go right ahead to Mrs. H.’s room.”) There is a door opening from this little room into her Rooms Mr. Gamble had to pass my room to get into 3. It was now past one o’clock Saturday morning, and adjournment was referred to. It was finally effected by an agreement in open conrt that Marga- Tet Winkler (the witness) and Henry Winkler should not be arrested by the Sheriff on the charge of lar- ceny until their examination was over, and that tha witnesses then should be in the same position as before the examination, QUARANTINE AFFAIRS. The Famigntion Humbug—The Hentth Om- cers Rich Placer—Net Profits $75,000 Per Year. Perhaps there is no feature of the entire system of quarantine that wears so glating a complexion: of profitable humbug a3 the fumigation process to which vessels are subjected in the summer season. Famigation itself 1s one of the ‘most supreme ham- bugs. It may possibly have the e/fect of diminishing the force of insects that infest the corrupting timbers of some old sailing vesscis; but £0 far as dissipating an atmosphere inoculated with cholera or yellow. fever it is just about as effective as blowing with a bellovs. There are some facts connected with this fumigation arrangement which it will do the public no harm to hear and reflect upon. The Health Officer from the neceasity of the case is made by law the exciusive jadge of the propriety and necessity 6f fumigating veasels under quaran- tine. “It is one of the sanitary measures” Quarantine Commisstoners with a delightful sim- plicity, ‘which the Jaw authorizes him to adopt whenever in his judgment the safe- ty of the public health requires. For this reason,’’ continues the Commissioners; we are unable to perceive that it makes any difference whether the fumigation becomes unnecessary or not, And why? Because the law happens not to leave to the consignees of vessels the question as to what sanitary measures should be adopted. In regard to the authority to make certain chi for fumigation the law resta the power altoge with the Corfimissioners of the Quarantine Board, and they ure such an unselfish and entircly upright set of men that they up a scale of cl which, to say The least, is one the curtosities of modern literature. Fumigation, as everybody knows, Ie the simplest sort of process and 4l20 tne cheapest. It is a pretty dear operation as carried on at Querantine, i even in that quarter tt is looked upon as possess- ing very little intrinsic virtue; but then it is an old fashion and a mighty profitab.e one, besides sanc- tioned by law and approved, as Dr. Swinburne would say, by the best sanitarians., The cost of fumi- pee is, of course, admitted on ail hands to be very rifting. Even these immaculate Commissioners of Quarantine admit the fact; but let us listen to the delicious naivele with which they show how the charges for fumijsration should be ut down at arespectabie figure. ‘+. vinmon sense,” hey say, “as well as the dictates of humanity, re- quire that those engaged ia the performance of such &@ duty should recetve a compensation somewhat pro- portionate to the risk they run.” What charming innocence! The tender hearts of Swinburne, Curtis & Co. must be stirred to their most benevolent depths at the reflection of the risks in which their zealous deputies are placed. But, ti the deputies receive, as anybody might infer trom the words just quoted, additional com Ly for the exposure they encounter. Poor fellowa! in their contempiative moments they must often ejacu- late a grateful prayer for Swinburne and corn} a who feel such kind corisideration in providieg for them against the risks of yellow fever and cholera by allowing them all the profits over the price of fu- mi! ion. ‘he fumigators are an innocent, credulous race of men. Their pay is about two dollars per on} their raps very pleasant, but then it ts ex- work is not er brief. Doctor Swinburne gets twenty-five doliars for fumigating a steamer. It is a very privat and altogether personal question whether the subor- dinate fumigator, who actually does the work and rans the risk, recetves any more than his allotted two dollars. Swinburne knows, Every ship ts liable to fumigation, It is such a light, pleasant and profi able pastime that it is dimcuit to see how the Heaith mc can feel otherwise than happy in its prosecu- jon. in the year 1964 4,775 ships entered the port of New York. This number is now increased by at least ten r cent. Suppose the Health Officer made only ive dollars on each by ing, &c.—which he could readily do according to law or according to taste—a nice income of over $20,000 14 apparent. Throw in the fumigation, which ts at least worth $75,000 ayear, and the nive income of about $100,000 becomes tolerably plain and certain. fie ‘amiga- tion ftself 18 a = fortune and should | vefally attended to and cultivated by the Quarautive people, more especially by the Doctor. THE ERIE RAILROAD D.FFICULTY. AS was stated in yesterday's Hewat, there bas been for some time past a rivalry between the switchmen of the Erie Ratlway and those of the Morris and Essex, at the Bergen tunnel. To insure safety and guard against possible accidents all Mor- ris and Essex trains are required to stop at the ap- e=s to the tunnel each way, and are not allowed enter till the signal proclaims that the tunnel is clear, It often happens that Morris and Kesex treins are detayed an unusual le of time in conse- bao) of the slow long freigit trains on ie Erie Railway, and this has led to aitercations between the switchmen of both com The switchmen at both ends of the - an id Rotification to that effect was lodged at the Erie No reply was sent to this communi- cation, and rumor was set afloat on i i