The New York Herald Newspaper, October 6, 1868, Page 4

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

4 NEW YORK HERALD, TUESDAY, OCTOBER 6, 1868.—TRIPLE SHEET. amination and epp'ication of property shied. Mo- tion for receiver grantod, No costs of motion, Kennedy vs. Reed.—Motion to dissolve tnjunction “efits oval Insurance Company ve. Dantet Noble Appitcation dented, rr COURT OF GENERAL SES"IONS. Before Recorder Hackett. OPENING OF THE TSRM. The October term of this court commenced yoster,, day, the Recorder presidiug. Assistant District At- torney Bedford will conduct the prosecution dare the Tonth. There not bemg a quorum of Gran Jurors in attendance those gentlemen answering to ar Dames were discharged till Wednesday morn- NEW YORK CITY. THE COURTS. UNITED STATES COMMISSIONERS’ COURT. Charge of Stabbing on Ship Board—Depos!- tions of the Parties Takeu at Lisbon, Por- u Before Commissioner Osborn. The United States vs. Charles Hamilion.—In this case the Commissioner issued a warrant for the arrest of the defendant on the complaint of the party set forth below, said complaint having been taken in the mn, Portugal. Soon after the Es ‘warrant the defoudant was arrested and brought on SEXTIOICED. sadioted witht Aishle up for examination, which was, however, post. | parities Pi Manan taceaeh clan es grand. larceny, poned. The compiainant, David Merryman, is first ‘The charge waa ‘on the 16th of September they mate of the Elizabeth, and at the time of | stole fifty-six dollars from Christopher Mokenna at ae ee D son ae ee att Nesbon, is AMAFO | a house of questionable repute in Cherry stteet. ‘The ward, of St, Josenn's: Bospiiet 1 bed No. 33. | woman was sent to the State Prison last month for He charges the defendant, a seaman on board the five years, aad Piper was sentenced to Sing Sing for four years and aix months, Elizabeth, then in rt of Lisbon, stabbed him in the arm) inficting wounds which renders COURT CALENDAR—THIS DAY. necessary his removal to the ‘The defen- dant asserts in his plea that he his knife in self- Unrrep States Disrricr CouRT—IN ADMIBALTY.— defence and to repel a serious attack made upon hign | Nos, 252, 61, 223, 106, 107, 108, 229, 280, by the mate. The examination is set down for eleven | | SUPREME COURT—SPECIAL TERM.—Nos, 27, 28, 29, o'clock this morning. 5) $6, SS 28, BBs DSF OO OS Oey ay UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Decision. Bufore Judge Blatch ford. The Register in this case ruled that where a credi- tor proves a debt not included in the schedule of the petitioner, but 1s dented by him, after the case is gone into litigation, the same, before it can be charged against the estate of the debtor, must be subject to assessment by the Court. The Court mn this case sustained the ruling of the Register. COURT OF APPEALS, Appeal from the Decision of a Receiver. Before the Full Bench. George A. Osgood and Cyrus Curtiss as Receivers af the Columbian Insurance Company, Respondents, Davia Ogden et al. Appellants.—This was an appeal from a judgment entered in April last in favor of the pees for the sum of $471. The suit was brought equity by the receivers of an insolvent against the appellant and several hundred defendants, all of whom were elther stockholders or creditors of the cor- poration. The object of the suit was to recover from Such of the defendants as.were stockholders certain sum received by them from the company by way of dividend declared whon it was insolvent, and to restrain them from paying the same to any one else, and to restrain such of the defendants as were creditors from prosecuting individual suit against the stockholders to recover such amounts. The form of the action and the complaint were sustained on de- murrer by this Court. {t appeared that the de- fendant tn the action as.a stockholder of the com- pany received a dividend of $304 50. Prior to the appointment of a receiver of the company’s assets SUPREME COURT—CHAMBRRS.—Nos, 90, 40, 70, 81. CITY INTELLIGENCE. Tae WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, 218 Broad) Oy heres oa ery ana CoLuMBIA COLLEGE.—The regular exercises of this institution for the one hundred and fifteenth aca- demic year commenced yesterday. For OaLirornia.—The North American steamer Santiago de Cuba sailed yesterday morning for As- pinwall with over 500 passengers and a large freight Uist for San Franclaco” ‘fe hatihes JENBRAL CONVENTION OF THE PROTESTANT EPIS- COPAL CHURCH.—A general convention of the Protestant, mpmccnat Church will commence in this city, at Trinity church, to-morrow. The session will be one of general interest, gas several important questions affecting the dogmas of the Church will be discussed and disposed of. THE HAMILTON POISONING CasE.—Y esterday morn- ing the inquest on the body of James Hamilton, of 99 Thompson street, who died, as supposed, from the effects of poison delivered through mistake for salts there was a sum of $136 19 due the defendant | >Y ® young drug clerk engaged at a store in Spring, for return premivms. The cbmpany had | near Sullivan street, was continued before the insured tne defendant against loss on the | Coroner. Numerous witnesses were examined, after ship Dreadnonght which vessel arrived in | which the case was given to the jury, who delivered the middle of January, 1876, having encountered certain perils which gave rise toa general average under which the company eventually became in- debted to the defendant for $1,391 10. The protest the verdict:—‘-That deceased came to his death from a dose of some acrid yn, but we exonerate Mr. Rogers and son from all blame, as the careless man- ner in which medicines were kept by Mrs, Hamilton ‘was hot made until February 7, 1866, and the proof | and the lapse of time since which the senna and salts of mia policy josses were not payable until thirty | were procured make it possible the mixture was the days r proof of loss was given to the company. result of said carelessness.” The verdict does not dispel the mystery surrounding the whole affair. SUICIDE BY TAKING PaRIS GREEN.—Coroner Schirmer yesterday held an inquest at 244 Cherry street on the body of Mary Kelly, an Irish woman thirty-two years of age, who commultted suicide by taking a quantity of Paris green, which had been purchy and kept in the house for the purpose of destroying insects. She had been confined to her bed for seven or eight days from rheumatism, and occasionally Mra. Kelly and her husband quarrelled, she of ahasty temper, On Sunday morning a went into the room where her husband was, hol in her hand a tumbler contai the n and said, “Robert, I am going to take this.” sequently she became sic! id expressed sorrow for having taken the poison. e lingered till half-past seven o’clock in the evening when death ensued. ‘The jury rendered @ verdict corresponding with the foregoing facte. Tue CHear JEWELRY SHOP NUISANCE.—A meet- ing of down town merchants was held yesterday aiternoon to take measures to abate the cheap jow- elry establishment nuisance, which has muttiplied to @ great extent within the past few months, These es.ablishments rival in rascality the mock auction stores one hundred fold, and are the haunts of the t rascals extant. Fulton and Chatham streets The action was brought by the receivers to recover the dividend alleged to be wrongfully paid to the defendant, who set off his claims against the com- pany. The case having been sent to a referee judg- peed Spates in arti of the plainuids. The lefent appeals, le case wus fully argued and decision reserved. era SUPREME COURT—SPECIAL TERM. The Lottery Managers’ Tribualations—Con- clusion of the Argument. Before Judge Cardozo, John Morrissey vs. Zachariah E. Simmons, Charles Hi. Murray, Benjamin Wood and Twenty Others.— The argument in this case, in which plaintiff seeks to compel a forfeiture of about $121,000, was resumed yesterday. The cause of action, if any exists, in view of the nature of the business in which the lability is claimed to have arisen, is based upon a in which Morrissey sold Simmons, in December, 1867, twenty-six aud a half sharea in a common lottery enterprise valued at $212,000, the terms being $89,000 cash and the balance to be paid in monthly mstalments of $8,000 each. Simmons = the instalments for four months, and then falled meet his obligations, and Morrissey now claims forfeiture under a special covenant, and asks that a receiver be appointed. John McCool and Benjamin | @re lined with these establishments, where sirangers Wood sppearea by counsel yesterday on the side of | are inveigled during the day, and by @ species of the plaintiff, gambling exchange their greenbacks for Jewelry, paste diamonds and plated wares. The Mr. Shea, on behalf of Mr. Wood, in support of the ground that the court would interfere to enforce the rights of the plaintiff, argued at considerabie length to show that although the lottery business was under the laws of this State, yet the court could take cognizance of it, inasmuch as its relations here extended to other States under whose laws it Meeting yesterday was well attended. Captain De Camp, of the Seconda precinct police, promises to render all the aid in his power to break up the bogus lishments, The Police Commissioners will en- deavor to bring the matter before the Graud Jury. ‘was guthorized, and therefore legal. He also cited POLICE INTELLIGENCE. authority showing that where a promised in E d to do that in France which was there per- Ia al A COMPLAINT WITHDRAWN.—The charge of violat- ing the Hotel act, preferred against Rush Patterson by Wealey Bain, of the Bull’s Head Hotel, Third ave- nue, was withdrawn on Sunday, and Mr. Patterson’s bond cancelled by Justice Dodge. KIDNAPPING BY 4 COLORED WoMAN.—Sarah Ugus, colored woman seventy yéars old, was yesterday brought before Judge Mansfeld, of the Essex Mar- ket {Police Court, on a charge of kidnapping a child sixteen months old of sp ag Marks, No. 52 Ridge street. The child was playing in front of its father's house when the accused picked it up, thrust it under her apron and started away with it. A woman who witnessed the kidnapping pur- sued the kidnapper and caused her arrest. ‘ne Judge committed her in default of $1,000 bail to an- swer, The accused has been before arrested on a similar charge. Her motive, as developed in her examination, 1s to obtain @ reward from the, parents of the children she kidnaps. ANOTHER CHECK FORGERY.—Gustave Hayman, a young German of prepoasessing appearance, said to be a banished nobleman, was yesterday brought be- fore Justice Hogan at the Tombs, by officer mitted, an obligation arose under Bagiiah law, and the case of Macintyre vs. Parks (3 Met., 207 in ‘which security by mortgage was given in New York ‘upon land in Massachusetts, in & transaction and agreement to be performed in Massachusetts, and the situs of the matter to which the contract rel ‘was in Delaware. The security was given for the price of tickets issued by a lottery compauy in Dela- ‘ware, where lotteries are not under tue ban of the law. Li gg ee) then arose as to the propriety of adm! 1g Mr. Morrissey’s aMdavit denying the statement in Mr. Simmons’ aMdavit that the con- sideration was tegal, or that there was a want of consideration. The court decided to admit it merely as adenial, but declined to allow the other side to answer it, on the ground that it would be cumula- were having already asserted what was here denied. Mr. Brady wanted to know what the receiver was to do if he was appointed? Mr. Shea repiied that if appointed the title to the roperty in question would be vested in him, to dis- Private it under and in compliance with the order of the court. Mr. Brady inclined to tne belief that the receiver, the agent of the court, would be engaged in & rather novel enterprise if he underivok to manage the lottery or policy business in this | Wilkinson, of the Twenty-sixth precinct, on a city on behalf of the Supreme Court. In the | charge of forgery lodged against him by course of his argument he claimed {tt would | Mr. Thomas D. Johnston, of No. 51 Exchange be unjust to appoint a receiver in relation | piace. The accused, it Chie presented to 1158! 8 of this property, because of the allegation | to Mr. Johnston a check for fifty doliars purporting to have been drawn on the Con‘ of this citys by Messrs, Prank & Gaus, No, 14 wail street. r. Johnston belleving as represented that the check was genuine gave Hayman the money and learned when too late that the signature thereto of Frank & Gaus was @ forgery. While in court and after the complaint had been made H: very penitent, and notwithstanding guilt was very anxious for Mr. Johnston to withdraw the complaint, promising if he would do so to return the money obtained on tne forged check. This, however, the would not allow and Hay- man was commi to the Tombs for trial. A CLERK CaagcED Wit Fororry.—Roundsman Croker, of the Tomba Police Court, on Saturday ar- Tested on board of one of the Hoboken ferryboats Neal Costello, a middie aged man, living at 151 Washington street, Hoboken, N. J., ona charge of ‘that it was being mismanaged, when as the facts show- ed there was tarp Ae difficulty betweea a man who owned twenty-six shares and another party in regard 10 an individual transaction. Because, as he alleged, Simmons bad violated btn ahem gd he now sought to bring in all the ben‘ ficiaries and impleaded them, Counsel for the plaintiff in his closing argument said that Mr, Simmons dared not aver that he owned asingle share of this property to-day and was playin: ‘with justice for the purposes of this appiteation, ‘an defended the course pursued by Mr. Wood in asking the court to protect im in this matter which these defendants wished to escape from. The argument of both sides dccupfed the entire day and at its close the court took the papers, reserv- ing its decision. COURT OF COMMON PLEAS—SPECIAL TERM. ‘The Floating Pen Litigation Injunction Dis- jnental National Bank, solved. ban wf preferred against him by Fred White, 29 Wail street. Costello was tly aclerk with Before Judge Barrett, the firm of Messrs, Morrison & Phillips, 48 South Hadden vs, Little.—Judge Barrett has rendered the Subjoined opinion in this warmly contested litiga- ton, the full particulars of which have appeared in the HeRALD from time to time:— OPINION, ‘There is no foundation for the construction placed street, and Mr. White in his aMdavit sets forth that On the 7th ultimo Costello presented to him a check on the Market National Bank for $307, to the order of Morrison & Phillips, purporting to have been drawn by, H. Morrison. Costello represented that the check was good, and Mr. White knowing him to have been employed by the drawer by the plaintiff upon the contract tu question. The the money on it. He subsequently learned pe tweety En cig tere ong nn Mr: Hunter Morrison, of the frm nated, that either party on the said inventions has clearly ref- | he had not signed his nate to the cheok nor author- erence to the improvements upon the particular in- | izeq him to do 80 for him. Mr. Morrison also sa im) ventions covered by the letters patent referred ton the instrument. In other words, the parties agreed to share all the sul juent improvements in “telegraphic recording instfuments,” which the defendant had then invented, and the purchase of one-haif interest in which was recited to be the ES object in entering into the contract. There no reference to any subsequent invention oi im- provements in telegraphic recording instruments of a cheracter different and distinct from that then in exit and which formed the subject of te con- tract; and, indeed, it would require very clear jan- | = e to warrant the assumption that the de- fendant intended to convey one-half of every such future invention a8 might emanate from his brain. bis name as endorsed on the back of the check is a forge- ery. The accused was yesterday ar! ed before Jus tice Hogan and committed to the Tombs for examina- I jeged that Coatello has forged Mr.Mor- ame to two checks for nearly $700, drawn on the British Bank of North America and drew the movey On them, but ta these cases there are no com- plaints yet wade. NAVAL INTELLIGENCE. The Untied States steamer Contocook, flagship of Rear Admiral Henry K. Hoff, of ‘the North Atiantic squadron, arrived at this port yesterday forenoon. It ig os'ablished without denial from the plamuff that . an f the “outing pen” is not an improvement Upon tie f nae, Sanne & 6 tin Of emcee —Aeuee note “relay, v3 the original invention wasstyled, but an | Staff—Rear Admiral, Henry K. Hoff, commanding Improvewwent ‘a wate rording instruments North Atiantic squadron; Fleet Captain, 8. C. P. de of a distinet and even opposite character. ‘To this raft; y Niles: the piaintif clearly has no claim, and the fact that = pf td nap ost Neer he Masa: nent the defendent has at times addressed hiin in terms | Raat AMIE Petre ton Clover, ‘midshipman; indicating arecognition of his joint interest merely | Adtairal’s Ald, ici r ce een Hom! Flock shows that the defendant misconstrued the agree- Captain's Clerk una Parys. ") Gaaiee ot ment and misconceived his own rights, There is nothing in the polut that the injunction should be retained uniil the tral The piaintiil is bound to make out aciear title—one at all events fagship—Captain, George B. Balch; Lieutenant Com- mander, Nathaniel Green, executive officer; Lieute: ander, B, J. Day, navigator and ordnan without @ a ie doubt to Pests qi yoo nid Yew stering® Lettenantn, Gane ordinary remedy. Here every equity of the bill Is 5 4 corse Senied x04 the title ‘is not only doubiful, but, tomy | M Armentrout = and Geo KF. F. Wide; Fleet Surgeon, J.D. Miller; Fleet Paymaster, D. Murray; Fleet “F r, P. A. Shock; Fieet Marine OMicer, Captata if. A. Bartlett; Chaplain, J. J. Kane; Assistant Surgeon . Culbreth and J. G. Ayers; Second Lientenant U. 8. M., ©. A. L. Watson; First mind, clearly the other way. An ‘njunction should not be retained where, upon the complaint answer and affidavits presented, success upon the trial seems improbable. The motion to dissolve as to the floating pen must be granted. Edwin James for | Ageistant Bngi * 5 0 the motion; Messrs. Clarence Seward and H. K. Cum | gna H. 0. Beckwith! fmt VB: eer mings in opposition, James Watts and T. Cooke; Acting Third Assistan Decisions. Judge Barrett rendered judgineat in the following anh 4 nga va, Harrison.—Motion granted. m the Maiter of Mary Ann Cuily.—I'risgner dis- eee vs, Becker.—Injunction dissolved. Weish ve, Dunham.—Motion for thoir further ex- Engineer, Edward F. McElmoll, and Third Assistant Engineer, ©. M. Rea; Midshipmen, George G. Clay, George M. Willian, E. D. F. Heald, F. H, Delano, H. ©, English, Robert M. Thompson, Theo. F, Wood, H. M, Tallman, J. B. Sinith, H. i. Stinson, ©. W. Chipp, W. M. Cowgill, Alfred Elitott, Jamos }. Adams and Jarboe; Fleet Pay master's Olerk, J.J. Connelly; tawain, A, M. Pomoroy; aad Guaner, James QUARANTIVE AFFAIRS, ‘The Health Officer and a Grand Land Speca- Intiou—How They Did Iv-$200,000 tor Property Worth Five Millions. ‘Tho quarantine grounds have been sold. the news may have been anticipated, but the mannet of the sale Wes hardly what the public ever expecter to receive any enlightenment about. Of course ewry- body who has been to Staten Igland knows the qua- rantine grounds at the first landing. The eyes of a thousand speculatérs have looked upon them vith envy for the past ten years. Their value in tive is something fabulous; ten millions of dollars ‘Would be as near the mark as one million, splendidly situated on the finest part of Island water front, where a depth of the largest steamer that enters the port of can at all times be found. The grounds sinking in natural undulations here and planted with fine buttonwood, locust trees. Leas than $10,000 expended on laden vessels, There is a massive brick partly encircling the grounds, in which there i¢aufMicient There are three excellent residences buildings used for quarantine pi property has passed out of the hands into the keen ciutches of a ring of repul clans. The democratic vultures have tlrely away this time, It is one of the great uy d for some time; nicest and most unpretending scheme ublic has ever been cept in ignorance it was thus the enterp! was managed. fellow named Wiener, who keeps a becr by the first landing at Staten Island, and bosom friend of Dr. Swinburne, participant in some of the peculiar quarantine, spoke toa friend of his course by instructions, about what a speculation the purchase of the quarant would prove. Fibel was pleased with the and Wiener proposed that boty of them, Dr. Swinburne, should contribute the money and enter upon the pO A ee ol pee , Wiener stated that Dr. Swinburne wig deeply interested in being at least equal sharehoder, but he earnestly desired that the mention of hisapme in the matter should be religiously avoidel, Fibel piccenet to raise his contribution, the arrmgement ing that the trio should pay $100,000 ca, about $33,000 each; reserve $40,000 more to be expended in all sorts of improvements, bulldin’ a new dock, laying out lots, &c., and the balance ($80,00) to be paidon @ mortgage. This total of $220,000was the amount of the lowest bid authori by.theigovern- ment to be taken by the Quarantine Commissioners, All the rest that was necessary was to avoid any public notice of the sale, The Doctor went after this to Albany to see Governor Fenton and gét tio final details in the matter settled upon, After his return somne time elapsed before Fibel heard anything more ofthe transaction. Becoming uneasy he called on Wiener and inquired how the negotiation was pro- The respoi received vas un- TO> gressing. mse he satisfactory and aroused his suspicions that after all he was about to be thrown overbuard and some more influentia: shareholder incorporated in his place. He set to work, however, and msde com- laint to Governor Fenton about the way ia which ie had been treated. His complaint wis disre- rded. In the meantime the sale—if sale it could e called where nobody attended but the inerested ring of purchasers and where nobody outsiie could say who paid the money, if any was pais o° where it went to afterwards—had been settled. A lawyer in Wall street took charge of th mani- pulation of the sale and accomplished it, of course, to the satisfaction of the ring, of which, itis ‘hought, he is a distinguished ornament. Poor Fihel; whose appearance is not remarkably sharp, was left completely in the cold. ie com- plained again to the Governor, through the medium of his private secretary, prior to the signirg of the deed of sale by his ixcellency. After ths event Fibel sent his counsel to confer with the Governor's secretary once more, stating his intentior, in case his remonstrances were disregarded, to expose the whole scheme. The Governor sent word that if he le an aitidavit it would be attended to. Fibel fused, that as the sale was consum- mated an signed it would be little else than a farce for him to draw op ae aifidavit. Besides, even if he id it would be inevitably referred to the counsel of the Quarantine Com: ners and there finish its usefulness. At last the ill-treated but indefatigable Fibel resolved, in despair, to let the world know the whole details of the transaction and told Swinburne, Fenton & Co. of his intention. “This caused alarm and Fibel was at once notified to see the Governor. The interview is yet to come off, but if it fails to turn out satisfactory to the victim of the quarantine bait strange revelations will Ind their way before the world, And now who wil answer these questions? When did the authorized public sale of the quar- anteen grounds take place? Where? When was it advertised ? ee ‘was the highest bid and who were the bid- ders’ Where has the purchase money gone? What are the shares respectively of Dr. Swinburne and Governor Fenton? Whether the intrinsic value of the property is $220,000 or saree If the 100 luts along the south front of the Quaran- tine grounds are worth an average of $¥,000 each, what is the value of the remainder of gthe twenty acres? If Canard would have given $500,000 for a dock on the water front, what is the whole water front worth? And is it customary to withhold one-fifth the stipulated price of a piece of property to expend in quadrupling its value? We pause for a reply. MILITARY INTELLIGENCE, Muster and Inspection of the First Regiment. Pursuant to General Order No. 6, current series, from headquarters Third brigade, N. G., S.N. Y., the First Regiment Hawkins’ Zouaves assembled yesterday at the regimental armory, Fourth street and Broadway, at two P. M. and marched to Tompkins square for the purpose of annual muster, inspection and review. Owing to the fact that one of the compantes had selected yesterday for a target excursion and picnic, contrary to the wishes of the commanding officer and in violation of orders, the regiment presented a very slim appearance. Line was formed at half-past two preciaely on the east side of the square, The total number present, rank and file, was not quite 250, General Liebenau not having arrived Brigade Major Wentworth proceeded to inspect the regiment and Colonel Hawkins acted as reviewing oficer. When the regiment had formed for review General Varian and the staff oMcers of the Third brigade accompanied the reviewing officer up and down.the line. The drum corps, on the right of the regiment, continued to drum the reviewing party had passed, which was the only mistake cominitted at that time. When the battalion was formed into column of companies be- fore marching past markers should have been on the right flank and six or eight paces from the reviewing officer. ‘The wheeling was done pretty well, nevertheless, and the marching was in time. Colonel Hawkins being the reviewing ot should not have returned the salutes of commandants of compantes in the march past, a salute to the com- manding officer and to the colors being all that etiquette required. At this moment General Lieb- enau Lo aoe hg on the ground and accompanied General Varian and staff to the head of the regiment, which was formed into columa of companies for in- spection. The non-commissioned staf? having been inspected in due form the Brigade Major proceeded to examine the condition of the arms and accoutre- ments of the men. Very many of the rifes were found corroded with rust and besmeared with oil. As, however, no private of the National Guard is held responsible for the condition of his piece the Major had to content himself with a mat anathema on the armorer of the regiment. But few of the men appeared to know how to bring their Tif_les to ‘inspection of arms," the majority execut- ing a military travestie on the Grecian bend before the reviewing ofticer. That fault, however, is not eee to the First Zouaves. During the inspection he men Who were uot standing to attention amused themselves with an es game of base ball and ran about the parade ground without restraint. When the inepection was completed the reviewing party returnea to head of the column and com- menced to muster the regiment. The ‘ate number on parade was 284. The muster completed, the battalion was again formed into line for review, General Liebenau thia time acting as reviewing officer. ‘The markers were neglected agatn in wheeling from line to march past in review and the cap- taina of the First, Second and Third companies forgot to salute. There were several other mistakes made, which, although not deserving of notice, ought not to be repeated. It should be remem- bered that this is about the at worst time of the year for an inspection of our National Guard regi. ments. The men have not been drilied since last om and are, to a certain extent, disorganized by tho loss of members whose time haa expired and by tho infusion into their ranks of new recruits, If the inspections were ordered to take place in the spring, at the conclusion of the drill season, it would be much better for the credit of the regiments, Cer. tainly the ranks would be fuller and the men would be better drilled! and disciplined. A large number of spectators were present during the inspection aud review, and a force of police un- der Captain Biouut kept the parade ground clear during the mancouvres. The ceremony of the final review terminated the proceediug at five o'clock and the regiment Was marched directly to the armory wad dismissed. A Fortunate Boy.—A boy living in Rome, Ohta, recentiy ptoked up @- amail bright stone from the grade in the town, which proved to be valuable, A Cincinnati firm offered him $400, then $450 and finally $476 for it. He took it to another estaplish- Py! ladys nd e ree a : iS Goe dian and very valuable, pro ¥ worth $1,000, Seema wo Now KOCK vo bs ainpoaed Of 5 THE GAMBLE PORONING CASE. Seventh Day’s Proceedings Continued—Pro- fessor R. Ogden Doremus on the Stand—The Reeult of His Analytical Labors. Following the direct and searching cross-examina- tion of Dr. A. W. Shepard, of Brooklyn, who made the post-mortem examination of Mrs. Gamble’s body on the 14th of Auguss last, as published in full in yesterday morning’s HERALD, Professor R, Ogden Doremus was called on the stand at Justice Bogert's, Nanuet, Rockland county, and gave his testimony of the analytical labors of etx weeks on the stomach and intestines of the deceased woman. TESTIMONY OF PROFESSOR B. OGDEN DOREMUS. My name is R. Ogden Doremus; I reside in the city of New York; am professor of chemistry and toxo- cology in the Bellevue Hospital Medical College, professor of chemistry in the College of the City of New York; have been professor of chemistry since 1849; I visited the deadhouse, Brooklyn, August 14, 1868, for the purpose of receiving Personally portions of the remains of Mrs, Gamble with @ view to their examination for Poison; there were present at the deadhouse Coro. ner Flavin, Dr. Shepard (the last witness) and three or four other persons; Mr, Dally was there; the door was locked when I arrived there; when we entered we found a pine box, which, on being opened, revealed to us @ comin, with Mrs. Gamble’s name upon it; this coffin’ was opened and the body removed; the body -was clothed and _ apparently not been disturbed; the post-mortem examination was then conducted by Dr. Shepard; I received the | parte of the body J deslred—the stomach, tied at its wo extremities; the small and large inteftines, also tied; @ portion of the liver, one of the kidneys, the Pancreas and apiece of muscular tissue; these were Placed in new and ‘lass Jars purchased by my- Self and washed with distilled water; the mout of these jars were covered with paper and with metallic covers; I conveyed them my poison labor- atory, not leaving until deposited them joey were ler Sontrob rr, this belng the first time they had been opened since receiving said remains, Dr, opened the stom- ach; the semi-flmd contents, amounting to three and 8 half aud ounces, were removed; the stomach was washed with distilled water and the washings re- served; the small intestines were then opened; six uid ounces of a brownish-yellow seml-tiuid pulta- ceous substance denser than the contents of the stomach were found; these small intestines were also repeatedly washed with distilled water and the washings reserved; the large intestines were then opened and four ounces of a yellowish fetal matter were obtained; they were then washed and said ‘washings reserved; there was no odor of any of the volatile poisons; I examined for the various organic and Inorganic poisons; found none excepting mor- phine and meconic acid, which fs the acid associated with morphia in opium and {ts preparations, such 43 Jaudanum; if morphia burely, had n administered Ishould not have obtained the reactions for meconic Brescnoe indicates that the pure alkaloid (by which I mean Ro morphia) had not alone been iven, but some other of the preparations of opium; discovered these in the contents of the stomach and of the small intestines; the contents of the large intestines were employed for examining for the mineral poisons, without previously testing them for.the organic ones. Assuming that on the day of July Mrs. Gamble sixth of a gram of morphine, on July none, on the 24th and 25th of July none, on the 26th of July none, on the 27th of July ‘one-third ofa in of Zorphine aud one grain of opium, and on the 1st of August three-fourths of a in of opium, and assuming that she died about two o’clock on the morning of the 2d of mim tS and adding together these quantities, roate in all one- half a of morphine and one and three-fourhts grains of opium, which are equal to eight-tenths o ‘ain of wotpnine, extending over eleven days it is barely possible that the contents of the stomac! and smail intestites would afford reactions for acids; its morphine or morphia, but not at all probable, because it is so easily absorbed aud eliminated from the sys- tem; simply from a chemical standpoint I am led to believe that she died from the effects of opium or its compounds, I have already stated that the medi- cines_administered—that is, the opium, morphia and Dovers powders—having been given in the period of two months, no chemical tests would robably reveal their peed, had these alone n given, though it is barely possible. Cross-examination—I have only found sufficient morphia thus far to give reaction; I cannot give the quantity, because itis unweighable; I have found by estimate one-fiftieth, but not by weighing; I can- not testify positively, however, by the analysis thus ; Tcan only estimate; I have not found nD sumMcient to have caused death; I was about six weeks engaged in making the 3 if alcoholic stimulants were used by the patient. there would be less prospect of finding the morpliia: an ex- cessive use of spirituous liquors inflames. the digestive organs; the more one drinks the more these organs are impaired; opium is given from one totnrca gains at a time; @ person in intense suffering can take @n enoxmous quantity with safety; laudanum, from thirty to forty drops is sometimes given; this dose would be in extreme cases; of morphia from one- sixteenth of @ =v, to one-half a grain, depend- ing on the manner of its administration, or more, whether by the stomach or the skin; from one to three grains is the point at which it becomes poi- sonous; that is the lowest, although more can”be ad- ministered in some oases without fatal results; more has been given with favorable and good results in cases of 3 in opium age | hoes death it ing marked , affecting all the secretions of the body, the skin; it pro- duces profuse perspiration in many cases; 8 person is “bathed in sweat,’ as they term it; tendency to sleep and impairment of all the senses, such as that of touch, eronen vision, generally contraction of the pupils, though sometimes the pupil is dilate but rarely; the person is aroused with dil- ficulty, but may be made to respond to questions immediately after relapsing into stupor; congestion of the blood vessels, very marked; stertorous breathing, terminating with death; tae eyes are closed, the face sometimes pallid and sometimes the face is swoilen; the pulse in the early s' would be quicker, and later slower and slower; @ person who had taken suiticient opium to have caused death might be aroused wit an hour be- fore death by galvanism, horsewhipping, walking or riding ee eee I have known persons to be aroused; tt would depend on the smount of tne Polson and the sensibility of the person; extreme in- sensibility or stupor precedes not say what would be the rson thus affiicted within an hour of leath; the pulse is gradually reduced to zero under such circumstances; the number of res- pirations ae minute of a person under the influence of opium is from fourteen, the normal number, and it might be reduced down to five and three, and even requiring some minutes fora single reapira- tion; the muscular structure of the bladder is gener- ally contracted in such cases; the opium has made no marked appearance on the stomach or intestines; their condition would throw no light on the quea- ton whether death resulted from opium or not; by that I mean their appearance would not be discor- dant with the effects of opium as poison; a reddened condition of the stomach and intestines, as it realiy occurs, would rather contra-indicate that it (opium) had been the cause of death; the condition ordl- narily will be the same where death results from rg it cause; intestines are ordinarily rather empty; although there is no marked or very marked difference; there is no perceptible diference; the lungs and liver were ; the difference be- tween the I and liver Tost ‘om hunt wartof th lungs, whereas ii pendent e w ny the second condition it would be more uniformly diffused; both conditions existed in Mrs. Gambie; the hypostatical condition was more marked than the Sees the brain was so far decom. posed that the condition of its biood vessels could not be determined; the neck and part of the back gave indications of decom Hon from the color, softness and odor; cuticle | was removed from the forehead; the outer cuticle of the forehead had commenced to be decompored; the whole head waa in quite an advanced stage of de- composition; softening of the forehead, decomposi- tion of the whole head and face had commenced; I attributed ce off of the skin of the forehead ie Sanomnpess on, but the latter is produced more speedily in some cases by opiates. Wm. A. Hammond, late Surgeon General United States Army, followed Dr. Doremus, but merely elaborated his ideas. ~ OBITUARY. William F. Ritchie. ‘Tho death of William F, Ritchie, husband of Anna Cora Mowatt Ritchie, favorably known ai one time ‘As an actress and authoress of ability, is announced to have taken place at the residence of his brother- in-law, Dr. Stone, in Washington, on F riday last. ‘The canse of his death was disease of the heart. For many yeara prior to the breaking out of the South- ern rebellion Mr. Ritchie occupied the editorial chair of the Richmond Znguirer, and hig articles were noted for the clear, concise and vigorous style in which they were written. For # considerable iength of time he was regarded by the leading Southern democraté as a man of clear head and far-seeing in- tellect, and as @ consequence his views always car- ried with them considerable weight. He bad only a short time prior to his death returned from a Euro- pean tour, whither he had gone to recuperate his eoalth. F SENOUS CASUALTY AT CLAVERAGK, M. ¥. A serious accident occurred at Claverack on Saturday last. Six workmen, engaged on the new house of Professor Flack, of the Hudson River Inati- tute, were carrying @ heavy stone window sill to the second story when the soaffoling gave way, and all six, together with Pri it Fiack, fell some fif- teen feet. J. Carvey had hia leg broken, Thomas Silvernail had his left arm broken in two piaces, Daniel Boe injured internally, and tt is feared fatally. Charles Keller was injured in his bip. Patrick Dolan waa slightly injured. A German, namo unknown, was seriously injured about the head and back. Six workmen were ail injured, but Professor Flack REAL ESTATE MATTERS. Leading Features of the Market—The Dormt-. tories of New York—Preposed New Duild- ings. ‘The market for real estate is at present signalizea by an unusual activity, such 9 number of large sales @8 are at present in early prospect being without Precedence in previous years at this season, The interest exhibited on all sides, the inquiry prevall- ing and the generally firm feeling exhibited in oper- ations are all equally featares of the market now, a8 they were some months since, and the confident tone exhibited on all sides gives assurance of its continuance. In regarding the property recently brought under the hammer end that which is an- nounced to be similarly disposed of or otherwise brought into the market, the frat end striking observation 1s the great proportion of out of town real estate, in the immediate neighborhood of the city, that is now offered for sale. Some few city lots are up water bound area, and like a great river cl an ite flow to the sea by artificial to direct ite course at a certain fixed altitude, swollen ‘of due pro m to guides, it hag’ burat these boundaries and int the Snes country. The illustration given by King sig nd the future destiny of the men, although ently applied, one form of one pel re thot town, the we been pushing their way iz resident population before them, Foot by foot they usurped the ground once occu] by tenements and substituted for them marts of trade, until there was no longer room on the island for all who worked here to lay their heads. Then these moved to Brook- m, Westchester county and various portions of New ersey, communicating to these localities the fever of appreciation in the value of real estate which had driven them from here, The present activity, then, prevailing in the market for real property is no ephemeral excitement or merely speculative @nd sensational movement. The natural agencies of commercial progress and wth have been silently at work for years in bringing it about and in their continuance promise even ing results. New York city is but in the infancy of its development. Its future stretchesprilliantly and of easy anticipation before it to its recognition as the metropolis of America and the greatest commercial scapula of the world. All classes recognize this, and in the present movement, which is built up the surrounding suburbs, is exhibited but one of the many consequences which thia result will entatl. Anotier marked feature in the present condition of the market is the character of the sales. They are almost without exception addressed to those who de- sire to establish modest homes, and the repetition of one after another shows that this is but in response to an active and inguiry. Most men of small means living New York have suffered from the burden of ‘h rents, Whether their in- come was a stated one by way of salary or the fluc- ting revenue of a business perhaps but rere ai and permitting no withdrawal Chin nel it haw borne with equal hardship, depriving m of many littie elegancies and comforts with which they would wish to beautify and surround their homes for the gratification of @ refined taste or the better enjoyment of their lives, ‘The possibility of owning @ house in New York was entirely beyond their means, while a residence outalde of it at distance: Presented too dreary a prospect to be at all thought of, and thus from month to month and from year to year have they gone on fretting themselves at the chain of poverty which bound them to a wearisome round of daily duties, unenlivened by any gleams of lew York are springing u) le elegant faubourgs, where the clerk, the mechanic or the y man of business can invest his spare in- come in ishing @ com‘ortable home for his wife and family, where he will be surrounded by neigh- bors of the same walk in life as himself and of sym- pathetic tast united by &@ common interest in the frat and cultivation of the settlement, and so en- 0) drivin; yy @ happiness he has never before known. Many we availed memes tee of this opportunity, the con s rah Ng Ry out an up @ house at once; o lesa apply " altunced acce the’ canna fered the nt associations which, 80 ag they are fair and ever a] generous, success: hose associations have met pooh Ce hare Rinuiaied er to further haga ments, and the greater part © property now in the met is rae controlled, all that is piered belng taken ul ides this, the activity exhibited in the early Dart of tue year in Brooklyn property continues, and @ large number of lots near and beyond the city line are in the market. It is much sought after. The sale of the Fort. icert ry Property to take place next week will be an event Teal eatate market, Property situated a3 this is promises to be in t deman ~ no. distant oes Fi | Fift penne. =| us ry dry goods Pry Soatinea to be here with the dwelling houses of the creme de la creme of New York society. goes cool aren the err of rege yang upon, and new bail alread: erected, are being aitered and improved” The fol lowing specifications were submitted to the Bureau for the Inspection and Survey of Buildings since the Ist of the month:— OcrobER 1.—88 Crosby street, a one story brick shed, flat roof, to be used as a boiler hot 35X11, on lot 50xll, Owned by Sheether & Co. To cost $1,816, Approved October 3. ‘Three buildi north side of Fifty-seventh street, 175 feet west of Eighth avenue, each four storit cellar and basement, flat roof, party walls, inten for first class dwellii 26x56, on lots 25x56. Owned by Mr. E. Connelly. To cost $30,000 each. Approved October 3. One five story and basement brick building, Philadelphia brick front, flat roof, independent walls, on the northeast corner of Wort West Broad- way, 51X270, lot same size; intended for @ store. Owned by Peter Dolan. Not approved. Thickness of A od walls:—First and second stories, 16 inches; u , fourth and fifth stories 12 inches, aud absence of tron shutters being objected to. OcroBER 3.—One story and Mansard roof brick store on the east side of Third avenue, 25 feet 5 inches south of 124th ey eee on lot the same size; independent wail on the south side and party wail on the nortn side, Owners, J. & W. O. Spears; to cost $20,000, One one story brick stable, fat roof, in rear of No. wher, Charies 134 129th street, 15x20, on lot 25x100. O'Neill; to cost $350, One four story and basement, store, Nos, 316 and 818 Bowery, southwest corner of Bleecker street, 40 feet 6 inches on Bowery and 44 feet 9 inches on Bleecker street, lot same size. The building to be Philadelphia brick front, Ohio stone trimmings above the second story, first and second stories on the Bowery open from the front on fron girders, Man- sard roof, south wall independent, weat wall « party wall. Basement and first siory to be used asa dwelling. Owner, Robert Irwin, OcTOBER 5.—A three story and attic, with Mansard roof, stone front and side, first class dwelling on the northeast corner of Forty-seventh street aud Third avenue, 425x100 on lot 42.5x125. Owner, George Op- dyke; to cost $120,000. A two story brick stable, fat roof,in rear of No. 429 East Sixteenth street, 25x25 on lot 25x00. Owner, Daniel Hayden; to cost $1,200, ‘At 63 Park street, tor the New York Ladies’ Home Missionary Society of the Metnodist Episcopal church. ick front, flat roof, to cover most of tot 28.8x147.3; to be used for school pur; and private offices of Society and to cost $21,000, The above is an alteration of present buildings. It will be seen that the specifications submitted since October 1 have not yet been*acted upon. ‘Sale at Madison Park Yesterday. The Madison Park Land Improvement Company, owning @ large ® valuabie tract near Paterson, N. J., yesterday sold a considerable number of lots at anction. A large crowd of bidders were present, but owing to the unprecedented figures reached the number of bnyers was comparatively small, The site is one of the most beautiful near ron, just outside of the city limits and very desirable for residences, and many New Yorkers were there with an evident eye to purchase who were disappointed in the prices tie jlots brought Unlike the previous much abused custom of uniimit- ed refreshmeéats, nothing of the kind was allowed on tie ground, and accordingly good order prevailed in proportion with the absence of “Jersey lightning.’ Mr. J, H. Hindle, of Paterson, wos the auctioneer and rattled of the supreme ad- vantages of the property in a very masterly style, and initiated the custom of charging no “auctioneer’s fees’ to purchasers, ‘Che lots were sold in plots of four lots each, running through from one street to another, that pn being decidedly the most accepta- ble to those who propose to build. ‘The following Were the sales yesterday, indicating locality, buyer and price paid por lot. The figures designate tue numbers of the lots on the company’s map:— Lote Non 629, 620, 659, at, Edward Mate, of Love Now 625, 626, 455, 698, #t, Jucod Mercelia, Vater Lotk Now 639, Gud, 640, 654, st, Loes Gnraide, Paterdo Loth Now 483, 4 at, Lees Garni Lots Now 489, 460, st, Ed Mars, Now Yor Lots Noa 878, $79, 299, ‘At, 8 8 Bherwood, P Loti Non. 296, 298, at, H Miller, New York, Loth Non 319, 820, 398, 30,1 uaa Rory a ig ta Nos r Ha wars, NewYork. >. Lote Nos 407, 408, 400, 410 (piot of iv0'f ‘st and Madison ay, Id Me ¥ ‘388, 890, 41%, 418, runn 304, ron. runniag irom user io Dean 4 dM Transfers of Real Estate Yesterdays ‘TRANGPERS IN NBW YORE Broome, $1100. * B F £55 z, 3S =e: 3 ee BS. epmeeeee: SPppl re? 2 e 22 2 -. rt 2 Peers Sees: 29g 22; aaa 288, PPPaeeP Perea ee FEPP: Be PSP ek, 5 ad BH y SREPISRRRESSEETERSE TERRE re He 160 ft w of Bond at, 100 ft w of Franklin ay, w of Franklin ‘of Tomp! Box at, © w corn 150, és Wyckoff av, 6's, 200 ft s of Fulton a7, 7x100.. LEASE RECORDED 1 Myrtle av, No 234,3 years, per yeai ‘TRANSFERS IN HUDSON COUN Exto at, 6 4,100 ft of South 2d at, 252} lonmouth st, w 4, lots 1 to joc! } Bene Ba at 86, 1pes a8 to }, vlock 225,¢ each 25x100,. .26,500 d 82, block 249’. 125 ft w of Col Prospect rn Newark ay, lot 11, Cornelison map, 25x109. Newark ay, lot 12, Cornelison map, 25x109, Pateraon plank road, ¢ &, plot D, ux304 Cortlandt st, ns, plot D, 183x187 Dellot ho: Plt, Tisxi98, Deliott homestead farm map. lot E, 15x it ad far Plot £ iiset00; Dellott homestead fawn ‘Summit av and Grace st, 6 w 8 cor, 5x100. BERGEN. Clendening ay, lots 16, 17, block 2, Buck map, 252100. Lexington ay, lots 14, '15, Buck map, 20%100. fi Park at and Stuyvesant ‘ay, cor, 5x10... Grand Jot 80, bik BI, Box100.+ w 1 Grand at! we fot 30; bik 31, 33x] TRANSFERS IN FOSEX COUNTY, N. Qhariton at, w 9,7 Quarry akrn'es1?7 (t from Brond st? 29 ft a m Broad s Sumuliek, w'2,d-H Pierson props S3xl16- NEW JERSEY. Hudson City. Tue Democratic LapRoGLi0.—In relation to tne report published in yesterday’s HERALD of the meet ing held on Saturday nigiit, Mr. McPherson denies most emphatically that he was a party or gave countenance to that meeting, and says he cannot aMiliate with either bolters or republicans. He adds that the rumor regarding hia negotiations with the republican committee is most unfounded and un- true, Mr. McPherson finally declares that he will give his support to Mr. Taylor as the regular nominee of the convention. The meeting tn ques- tion, which was presided over by Mayor Van Keis- sen, one of the most respectaple and infuer democrats in the State, comprised @ number prominent democrats, and closed by the adoption of & resolution ty pose & committee with power to call a County Convention. . Hudson City. Tae Court OF OYER AND TERMINSE Will be opened to-day at ten o'clock by Judge Bedle. PROBABLE HOMICIDE.—A woman named Mrs, Prior, who was assaulted by a young man on Sunday, has sustained such injuries that it is believed she cannot recover. 6 accused has been committed to await the result of her injuries. Hoboken. Suppen DeatH.—Christian Remers, a carpenter, Tesiding at the Secaucus Periatis suddenly on Sunday night. An inquest will be held by Coroner Le, Whit Hackensack. THB ACCIDENT AT THE JUNCTION.—The ladies tn- Jjured at the smash-up at the Hackensack Junction on Satarday are doing weil. Onc of the wounded was Mis Conklin, daughtér of a Hackensack lumber merchant, The name of the other was not ascer- tained. Great credit is accorded to the engineer, Mr. John Earl, who manfuliy stood by hia post, and Pe suffering from severe braises tmm< “pulled” the fire to prevent an explosion. All the dévris haa been removed and travel is now uneb- atructed. The blame of the accident is attached én- tirely to the switch tender. BROOKLYN LEGISLATION. ftn of Thomas st, Meeting of the Joint Bonrd of Aldermen and Supervisors—What the City Government Costa, The Jomt Board of Aldermen and Supervisors mes at two o'clock yesterday afternoon, for the purpose of hearing and acting upon the Mayor's budget, which shows the amount of money to be raised to defray the expences of the city government aud the several commissions created by the Legislature for 1869, The estimates, as drawn up by Mayor Kalb- fleisch, were dnanimousiy adopted, with one or twe insignificant exceptions. From the items charged against the city at large is to be deducted the amount of city revenue, which Is now $179,003 73. The total amount to be raised for the year is $3,192,54 818. ‘There has veen a reduction of about $30,000 on the last year's budget for general city expenditures. The reductions = last ons estimates as by the Joint Board of that year are as fol- jows:—Omiasion of $129,000 for parks on Heights; of $70,000 for Williamsburg improvements; of 000, which was raised jast year to meet de- fictencies of previous accounts, and of $4,100 which was called for that year to meet unpata Williame- burg claims, and the transfer to the general item of city bonds of the sum called for on account of the Wallabout improvement, Thero are reductions ia the foliowing ftems:—In princtpal of city debt, $75,000; Park expenses, $74,000; general expenses of the city government, $30,000; police, $8,000, and for educational purposes, $100,900; making a of reductions upon last year's expenses of about $580,000, The following is the aggregate of the different statement Clearing streets 87,350 “i $8,192,364 vs are the following: 00; Cleaning aad 009; on enses, $2 «pitala, $2,000 each; city otficers, aldermen, 1,000; teachers’ sala~ $405,200; truant house ex- rphang’ fire depart- nant to be @aised A COUNLY, $37,355 Bd. 90 paid for salaries of commissioners, clerks, inspectors, &¢. Supervisor Scholes’ prescn.cd ® uilnority report. He did not qnestion the accuracy of the fee ures; but dissented from its conciusions, With the report be offered a resolution to the effect that the amouat named in the budget for repaving the streets aud docks be increased and that the increase, what- ever it might be, bé taken from the salaries of the city officers. A short and spicy discussion followed, when the resolution was lout, ‘Tho Joint Board thea adjourued and the Board of Aldermen organizo:). After accepting on {nvitation to view the Father Matuew T. A. B. Society at haltpast one o'clock om Total. Among the numerous Cost-of lighting stre palring streets, $y ong {sland and city manual, the 10th of October, they also adjourned. GENERAL INTELLIGENCE. A body found at Madison, Ohio, recently, is sip. Posed to be that of Mrs. Garrett, lost m tie steamer Morning Star. nts Tie boiler of the locomotive of @ Geight train on the Lawrence (Ohio) Katiroad bioy up on tae 146 Inst., near Voven! ifteen mies ces of Youngsiwwt, kuuog tie eet, dremen aod vrakeuaa.

Other pages from this issue: