The New York Herald Newspaper, October 25, 1868, Page 4

4 NEW YORK CITY. THE COURTS. : UNITED STATES COMMISSIONER'S COUAT. The Alleged Naturalization Fraude=Tho Great Judicial and Political Swindle of the Day—Startling Developments — Interesting Legal Joust. Before Commissioner Osborn. The United States vs. Benjamin B. Rosenderg.— ‘This case was called on for examination yesterday. The great notoriety given to the case—the par- ticular time at which the disclosures connected with it have been brought to light within a few days ofa national, State and county election—the earnestness with which the government prosecuting officer of the district, Mr, Samuel G. Courtney, proceeded to bring the whole case before the courts and the array of able counsel engaged for the defence—have all tended to invest the preliminary examination with a’ more than usual degree of interest and eclat. Long ‘before the Commissioner took his seat the large Cir- cuit Court room was crowded in every part, within aad without the bar, principaily of a class often seen ou particular occasions within and around the puriieus of the city courts, but rarely honoring the United States courts with their presence. The number and talent of counsel engaged on either side, and the certainty that in an examination touch- ing 80 closely upon political questions some interest- ing and exciting legal passages, & Voutrance, must follow, there was a large gathering of the legal fra- ternity within the arena, in anticipation of the great Professional tournament. Mr. Courtney, opening the case, said:—May it please your Honor, I will not take up the time of the court in making any extended opening as to the line of testimony we will introduce here. 1 Wil merely call the actention of the court to the statute under which these proceedings are instituted, and will then proceed to cail the witnesses for the prosecution, for the purpose of makine ont the case under this stat- ute, Itis found in Brightiey’s Digest, page 214 and subdivision 6», being the thirteenth section of the act of 13th March, 1813, statutes at large, and reads:— If any person shall falvely make, forge or counterfelt, or cause or procure to be falsely made, forged or counter ieited say certincate uf evidence of eitizehship referred to in this act, or bal uiter or use as true, any fulse, forged or contnterfeit certi f citizenship to any person other than the person for whom it was originally issued and to whom it may of right belong, every such person shall be deomed and adjudged guilty o: Len and on being thereof convicted by due course of law shail be sentenced to be Imprisoned and Kept at hard labor for a period not less than three nor more than five years, or be fined in a sum not less than $500 nor more than #1,000, at the discretion of the court taking cogal- zance thereot. Under this section of the statute these prosecu- tions are instituted, and I will be able to show in the - examination of the case that at least one of the two aubdivisions (sixty-eight) referred to bas been vio- lated by the defendant, I will now proceed with the examination of the witnesses. Mr. Barrett, associate counsel for the defence, Moved that all the witnesses for the prosecution but. the one to be called to the stand be drdered out of court. 1 also ask that the names of the witnesses to be called be submitted to defendant's counsel. Mr. Fullerton, associate counsel for the prosecu- tion—You have no right to that. Mr. Barrett—We have every right, and unless the names of the witnesses be ‘ven we have a right to object to their testimony when called to the stand. The Commissioner onlered the witnesses out of court, and that they be provided with a convenient place, s\ ‘hat they might be in immediate attendance when caiied on, Mr, Barrett—Your Honor, with all respect, I press our claim for the production of the names of the witnesses for the prosecution. The Commissioner—It will be time enough when the witnesses come to be cross-examined. They can then be severally questioned us to whether they re- mained in the court or not, when their testimony may be objected to, Counsel for the defence—I suggest that the usual course of examination be followed and that the names of the witnesses be given. I presume the dagen means to conduct the case with entire eas, and I presume the public prosecutor ts as much counsel for the accused as he is prosecuting counsel, There 1s nothing asked here but whut is usual and cern tA Mr. Courtney—This is the moat remarkable request lever heard made. I do not intend to give the names of the witnesses until they are called upon the stand. I presume that every witness will, at the order of the Commissioner, leave the court room. ‘That order will be obeyed, and the witnesses will re- main out of court till called to appear. That is all the Court can order, and that 1s all 1 shall accede to. The Commissioner—I have given the order to ex- clude the witnesses, and if any of them remain in the room after that order that may be good reason to move for the exclusion of their testimony. Mr. Fullerton (ior the prosecution)—Tiat, your Honor, is not exactly a tenable position. Their tes- timony would not be excluded on that account. The Commissioner—I said good reason for moving to exclude the testimony of a witness who remains in the court room after an order of the Court ex- cluding him. jt Mr. Courtney called the first witness, when ¥ Mr. Lawrence, for the defence, said:—Before the witness is sworn counsel demands that the complain- ant, Robert Mu , United States Marshal, be placed on the stand, so that we mav have an opportunity to know the ground and basis of this prosecution. The Commissioner—That course may be practised in the State courts, but I am not bound to follow it. Marshal Murray made the complaint and knows the nature of it, and he will be put on the stand at the proper time, It is not necessary that he should be called first, unless the government wishes it. Mr. Lawrence—I suppose that under the statute we e a right to the testimony of the complainant at this time. Mr. Fuilerton—You have no such right. Mr. Lawrence—I suppose we have some rights? Mr. Fullerton—That is not among them. Mr. Lawrence—We think it is. The Commissioner—The practice has never been followed in this court, though the question has been frequently raised. I will allow the prosecution to conduct the case as it pleases. Associate counsel for defence argued that it seemed co him that a practice settled in ordina: gases should be adopted in thisone. The amda which moved the machinery of this prosecution shows that if this prosecution ts @ prosecution at all it is @ political one. It is got up under the auspices of a violent political partisan, who holds his office ana bas held it for years at hands of the party With whom he sympathized, and as we are on the eve of a great election this prosecution is no doubt Jevelled against the party opposed to him. There- fore itis that your Honor sould be sutisfed that there is a proper motive for the prosecution. When an individua) comes into court and arraigns simply an individual there is little reason, ria to suspect Totive, but when isan, who had been enjoying up to this time bones of tical favoritism, comes into court in an inguiry like this, it is certain that he will throw all his influence and give all his in power and whose patron- » It shoud therefore be ascer- at this time above all others, when we are on the eve of a great election, whether this ition is really got up for the purpose of bringing a@ criminal to justice or from motives of a different character; whether it is a sen- sational prosecution or whether the design of it Is to affect the future existence and prospects of @ politi- eal party, on which itis, no doubt, intended to re- fect. This is @ very suspicious prosecution, got up in a very suspicious way, avd this, therefore, is an occasion above all others which should constitute an exception to the general rale. We distinctly charge, on the part of the defence, that this is a poli- tical) prosecution, got up by Marshal Murray, toserve they ty to which he 1s politically attachod—a mere trap laid by him from beginuing to end to affect the election, and not designed to exiend ite existence beyond next election day. We are familiar with the litics of Marsal Murray and his personal record, and from our knowledge of that we make this charge, and we submit that he should be put pn the for the purpose of teliing us from what source he has derived the prosecution, and on what he bases the charges against the defendant. Counsel then referred to the case of a former Comptrotier of the city (Comptroller Flagg) who, having made com- plaint against certain pubiic oificiais con- nected with the administration of our city government, was to take the stand as the first witness and disgorge himself and declare why he arraign te ublic officta! Now this prosecution aims at public offi- luis; not only that, but at the highest State court of original jurisdiction, Why, then, should not the prosecutor be put on the stand and ‘say, here is ty naked breast, level any shalt you can at it. I bave been only actuated by a sense of duty in this miatier; prove that it is a prosecution got up with a sense of justice and designed to bring up the trans. greasor of the law to justice. Mr. Brady did_ not understand that the court had assembied here for the purpose of settling any ques- connected with any political party. “He should be very sorry to believe that the political party with ‘whom he had been conuected would acknowledge its responsibility for the crime under investigation, | @ violent political He supposed: counsel on the other de repre. vented the party accused, and n mittee, | He did nol suppose that the Sup Court had | authorized his learned opponent to come here and to sustain is.digniy, if assailed. He A not think that any one that belonged to the party. which it seemed by statements of counsel Ma Murray is Opposed, Would permit any cou Women being to stand in this court before you Honor, in grave judicial proceeding. to prote of its members or organization from the pun ment whieh their crimes deserved. Your He or does not know jodicially that Marshal Murray has any politics; you don’t know judicially to what party he belon but you may know as a citize Hien there is a strife going on for supremacy in t or yey arena, Treating the case im tia way ia a skilful Offort on the part of adroit counsel to turn this thing into the cur. rent of public seutiment—to make this judicial inquiry take a political complexion. No decent man wants to harm Roseuberg uuless he comes within the action and panisiment of the law. This is an riic. crime, Hf he can prove by true, action for a8 ‘aithiul witnesses that he ts not guilty honest and a uw, every man in bis Coury every Man ju the ao. \ tr that your Honor dismisses the charge against | NEW YORK HERALD, SUNDAY, OCTOBER ‘25, 1868.~TRIPLE SHEET. munity will rejoice. I once for all, and say for all, that we disclaim ry part of the governinent that there is slightest political idea connected with ‘this prosecution, Counsel for the defence said it had been canvassed between the counsel for the accused whether they should not move at once, on the face of the papers, to dismiss the complaint, ou the ground that on the face of the papers themselves, taken in connection with the law of 1813, 1% was impossible to sus- tain the ing. ‘Tne desire of counsel in the motion just made was not to retard, bat to accelerate the proceedings, From the papers before the Court it would be perceived that the motion ought to be disposed of with some deliberation. The certificates of naturalization, annexed to tue aillda- vit of Marshal Murray, were in themselves genuine Papers, ‘There was no pretence that the signature Of the Olerk of the County, Mr. Loew, was a fo! signature; nor that the directions on the back of original papers, (rom which those certificates had been taken, were not in the handwriting of Justice Barnard, Nor was tere any pretence that the record was not what it purported to be in each case, ‘a record of the Supreme Court of the State of New York for the First Judicial district. If Marshal Mur- ray, that benefactor of his species, who was paid for his politics, was actuated by proper motives in this prosecution he would not perinit the question to be argued. Counsel was not aware whether he was now sitting in court, for he did uot know him. ‘Mr, krady—Then you are deprived of a great plea- sure. Counsel for the defence went on to state that if Marshal Murray were in court he should take the stand and testify as to the motive of the prosecu- tion, The ground which cot for the defence took was this—that under the jt ent of the Su- preme Court of the United States, no matter how the record was brought into being, if it were an original record of a State Court answering the quali- fications prescribed by act of Congress in that be- half, his Honor the Commissioner had not the bower to go into the record at ail or to investigate by what means tt was brought into being. If the record itself was a genuine record, even though it was obtained by means of no aitldavit, or by means of perjured aiidavity, or by means of forged ailidavits, the only way of invalidating that record was by applying to the Court whose record it was, He contended that under the decision in the case of Spratt against Spratt, 4 Peters, the investigation must end if it was conceded that the record from which the certificate of naturalization was taken was the record of the Supreme Court of the State of New York for the first judicial district, being a court of record having common law jurisdic- tion, with a seal and u prothonotory or clerk. In the case referred to Chief Justice Marshall gave the tol- lowing opinion:— Tn the vari son the subject submitted for decision, on the right of alfens to {admission to citizenship the court of rei 'e to receive teatimony, to compare it with t law and to judge on both the law and the facts. This juds- ment ia entered on the record as the judgment of the court, It seems to us that, if it be in legal form, it closes all in- quiry, und, like every other yudgment, it is to be considered evidence of ite own validity. Did'the prosecution mean to say that if Justice Bar- nard had ordered these records to be made up with- out any affidavit at all, or on the faith of spurious aMidavits or on the fuith of perjured aMldavits, the Court had a right to go into that question? Counsel contended thut if the record once canie into being the Commissioner could not go behind it. It was a perfectly conclusive record. Tie very moment those records were brought into court all inquiry was shut off; and the question now was whether the Court was to tie a handkerchief over its eyes and deliver itse!f to the hands ofa political prssecutor (Marshal Murray) and indulge him as to the length and breadth of the examination. Counsel kuew that his Honor would set himself against a sensa- tional prosecution. It was @ prosecution which never should be entertained in a court of justice at any time, particularly at a time like the present, because the necessary effect of it was to mislead the community; and he charged that that was the intention and design of it. The dissemination of false news at the tine might be the means of producing a false political judgment, for few newspaper readers would wade through long articles; but they would be governed by tie head- igs und make up their opinions on them. District Attorney Courtney remarked that counsel for the accused had dropped his original motion and made another, It seemed to him that the speech just made had evidently been intended to anticipate the nature of the testimony. His Honor was pre- sumed to know nothing about the testimony. The case would be ascertained according as the witnesses: were put upon the stand and examined. Whether this prosecution was an attack on a@ corttlicate issued by a proper tribunal could not be told until the testimony was before the commussioner. It would be shown that the accnsed had violat d at least two subdivisions of the statute. The argument of the learned counsel had no relevancy or pertinence tothe question on which his Honor had to pass. ‘The prosecution would slow that the accused had sold and disposed of certificates of citizenship to persons other than those for whom they were origin- ally issued; in other words, that he obtamed and issued and sold certificates of citizenship. Mr. Barrett—There is no such charge against the accused, Mr. Courtney—Yes, this is a charge in the general section of the law. Mr. Lawrence—I suppose we cannot be tried for horse stealing on a charge of forgery. Mr. Courtney supposed his learned friend knew you present me with two dollars f¢r each paper;” I Bald, ‘All right; that I believe w: /ersa- tion I had with him on the cuniect| weer Q. You gave him ten doilars for \these five certifi- cates? A. Yes, Q. Were any of the parties in tle name of whom you gave to Losenberg the list and paid him five dol- larga piece genuine or real it A. No, they were fictitious nules U Boe ry hat thouglé of right ina » you obtained these wh do with them? A. I brought them next morsing aud gave them to Marshal Murray. CROSS-EXAMINATIO Q. What political party do you tot AT belong to no political party, but I haye always voted the republican ticket; I have lived a} my lifetime in New York, with the exception of fow years I served in the army. C3 How long have you been in nt po- gen a8 assistant assessor? A. wo years last Q. Is Murray a member of the sai iti rt} as yourself? A. I don’t know; I belj ponent Dery. cal organization; have not been et in collect- money for political put nova bit of it. Who suggested to you the idea of entering on this business? A. Mr. Wepster, assessor in whose oilice Lam; [ have not the it idea of who conceived the design. f Q. And you at once fell in with the\ tion of Webster?’ A. I consented to do as he d me. 20 eee) roa oR SCHAAR. was) continued at length, but nothing unpeaching or controvert- fag his direct testimony Was elicited. a ‘TRSTIMONY OF NOBLE M‘DONALD, By Mr. Courtney—I am a letter carrier in the New York Post Ofice; I first saw the defeadant, Rosen- burg, last Wednesda, jo. 6 Centre street, in the basement Q Describe the place. A, It was an o1 lager beer saloon; on one side was abarroom; oi the other side were three small tables, such as are used inviager beer saloons, and parties were there writing ;here were papers on the tables and on the ee ter ig them, » Detail minutely what conversati yn had with him on that occasion, » wife » Counsel for defence objected to evidence of what took place at a time subsequent to the offence with which the accused was c After long argu- ment the Coimmissioner decided to hear the testi- mony, which he would exclude if it did not come within the legal rule. Withess—I stated to Mr. Rosenberg that I under- stood I could procure naturalization papers by ap- plying to him; he asked who sent me; tna the president of the Twentieth ward Empire Club; he then wanted to Know if 1 would sell them; J said certainly not; he wanted to know if I was a demo- crat; I stated “‘of course,” or words to that effect; he then said he was willing to give me the papers provided I avonld not use them against the demo- cratic party; I gave him a list of four or five names, for which | was to pay him two dollars each;the names that gave were William McGinnis, John McNally and James, McCormick; the understanding was that 1 was to call at half-past five in the after- noon; Mr. Rozenberg told me that it was not necessary for me to pay him for the Pal until I received them and that if I wante 400 1 more [ could have them by siinply giving him the names of the parties for whom I required them; he said that one doilar was to be paid to the person who per- 4 sonated the principal and one dollar to the person ‘who personated the witness; that he did not want to make anything por want me to make anything; that he was simply doing this for the benefit of the party; I believe that was all that transpired, Q. Were the names that you furnished genuine or fictitious names’ .A, L believe they were fictitious names. They were furnished to me. Q. Did you get the papers? A. I did not, for the simple reason that Mr. Rosenberg wis arrested pre- vious to the hour at which he was to deliver them tome, Q. Before you went there had you been informed that Rosenberg farnished such papers ? Odjectedt io. Objection overruled and exception taken. A. I was informed that the papers could be pro- cured there by ustng a little discretion; that was the reason why T went. CROSS-EXAMINED. Tam attached tothe General Post Ofice; I am a republican In politics; I am attached to’ several organizations in the Sixteenth ward; 1 am secretar; of one of the Grant and Colfax clubs there and Presi- dent of the Boys in Blue. Q. What Boys in Bluedo you mean? A. I mean the Grant and Colfax Boys in Blue. Mr. BRADY—He means the people who fought to preserve this governinent. Q. Do you take an active interest in politics? A. Ido; I have collected money as far us was necessary to meet my expenses; 1 have been e! for a week or ten days in collecting money; I decline an- swering how much I have collected; f decline auswer- ing whether I have subscribed money myself. Q. Is there any secret Organization to which you belong of which Marshal Marray is the head or a member, the object of which is to control the elec- tion of this ay st Sant for the benefit of the re- morning, at publican party ‘here ig not. . You belong to no picked select few with which he is connected? A. Not to my knowledge. Q. Who suggested to you to goto this place? A, Marshal Murray; a*gentleman called at my house last Sunday and stated that General Charles K. Gra- ham requested him to name two or three men in whom he could confide to work this case up; [ vol- ‘what the accused was to be tried for. If the time of the court was to be taken up with long speeches on these unimportant questions the case Would occupy all the time till election day. ‘The Commissioner remarked that he had nothing to say as to the motive of the prosecution, therefore the District Attorney wonld proceed with hia wit- nesses. THE ‘TESTIMONY—RXAMINATION OF WILLIAM 7. SL 3 By Mr. Courtney—Q. What is your business? A, Assixtant assessor of the Thirty-second Election dis- trict; know the defendant, Rosenberg; first saw him at No. 6 Centre street, in this city, in the base- ment of a lager beer saloon; entered the saloon for the first time on Monday last; the basement 1s about ten fect below the suriace of the street; on entering there are two folding doors leading to the interior; on the right hand, as you enter, in the corner run- ning along the window, is a table, at which Mr, Rosenberg sat; on this table or desk were a quantyy of naturalization pavera; on the lett of the entrance was the bar of the lager beer saloon. Q. When did you go there first? A. On Monday, about noon. Q. When you entered whom did you see? A. Mr. Rosenberg. Q Do you identify that person in the court room? A. Yes; that is the gentleman sitting on the left hand of counsel. Q. State’ in detail and as particularly as yon can the conversation you then had with Rosenberg? A. I went twice that morning, first under a mistake as to the name of the party I desired to see; I asked for a person named Koffnan, and was informed he was not in that office; I went out and consulted a memorandum J had; I thereupon turned back and again entered the saioon; I then asked for Mr. Rosenberg; Rosenberg responded to his name and asked me what wanted with him; I beck- oned him to walk aside with me, and we went to the back of the saloon; I then sald to him, “I am from Yonkers; I have twenty or thirty men at that place for whom I want to obtain naturalization ge he asked me, “What party are you from I sald, “The democratic party;” said l, “Can youor can you not obtain papers for me for these men? they are too wr to leave their work for a day or an bour to go to White Plains or to vome to the city; can you get those papers through without failing, as I do not want you to commence It and to go through it and then taily if you cannot do 1 must seek else- where)’ he then that he had solid seven thousand of them; I then told bin that my list was incomplete, but that I would return und give him the names; I left then and came to Marshal Murray and told him he could gt as many yor from that man—Rosenberg—as e wanted; J then went to my own office in Nassau street and Wrote out @ list of names, with which I returned to Murray’s office; I there made a copy of the list of names I had written out—five names; the original list Cg wipe twenty or thirty names; the list of five was the only complete list, with the first and twiddle names of the parties. @ list of five names referred to identified by witness and put in evidence.) After I made up the list and left it with Marshal Murray I went back to Rosenberg and told him I would retarn with a list of the names; I returned to No, 6 Centre street about eleven o'clock on Tuesday morning and took with me the list of twenty or thirty names, five on'y of which were compiete with the names of the parties; I told him I wanted naturalization papers for those five; he said I should have them; | sald | wanted them by one or haif-pust one o'clock; he said he thought it was aot probable 1 would get them at that time; I then left and returned about one o'clock; he sald he had not the papers for me yet, but he had in his hand papers that looked to me like applications for naturalization; T identified the first naime on the list, Adolph Schies- r, as the name on one of the papers in his hand; fore and again returned at six o'clock in the even- ing; 1 again saw Rosenberg there sitting at the tables 1 walked immediately to the back of the saivon to an ante-room or dark room, Rosenberg following me; be then had the papers in his hand coiled Q What ov gl A. Naturalization certificates, or naturalization papers. q. Look at these papers and say whether or not these are the Deere he had coiled up? A. These are the papere~ Ave, 6 Oo Winat, then took place? A. He handed me the vapors and I banded him ten dollars. r. 6 read one of the papers, the one par- | ws, gs 6 witness as bearing the or, and stated that tie , With the exception of ticularly iden! nawe of Adolph schilesi others were, pig Ply the names ties. Jounse! for ine defence—Do you deny that these nine certificates! . Brady, for the prosecution—We do not say ing about it, Counsel jor the defence—You are bound to go upon julent. Mr. Courtney by the evid Mr. Bi the prosecution—We expect the Sn- | Preme Court to come here properly represented to | vindicate itself whether they have connived at @ fraod or permitted a fraud to be committed on it. Bxemination resumed, Mr. Courtney--Q. Refore you received these | cerfifleates from Rosenberg, state whether or not any agreement had been made between you and | Rosenverg with regard to the price to be patd by you to btm Jor these papers? A, Ves, there was such ap agreement made at the first interview on Monday; I | asked Rosenberg what the coat would be and he replied two dollars a piece; he said, “You do not | mive me tails, Vas Wueu L laud you (hese curtideates “sat is what we propose to find out cory tuat either Chey are gemilne certificates or | ‘unteered; that was the first I heard of the matter. Q. Is there a naturalization office for the repubit- can party at 25 Chambers street. A, There is. Q. Then there is no diference between those head- quarters and the headquarters of the democratic party, is there, A, I have been in there twice to “4 naturalization papers for men, and the difference that I could not get them until they examined the wi Q. Do ti ve out lager beer on one side of the room and ifgenahip on the other, according to the expression of counsel (Mr. Brady)? ir. Hilton insisted that the answer to the preced- ing question should be fully given betore the other question was put. Counsel for Defence—I meant a physical, tangible difference. Witness—They give the papers at Chambers street, in a vault under the sidewalk; they go through a sa- loon to get at the vault. (| hter. Q. Who wrote those names for you? A. Marshal bai Ht they are his invention. Q. When you mentioned those names to Mr. Rosen- berg did you mention them as the names of real or fictitious persons’ A, I did not state whether they were real or fictitious. Q. How many days last week did you perform ser- vice as a letter carrier? Witness—I deciine to answer. The Commissioner—I cannot 4 into that inquiry. Counsel for defeace—If a public officer devotes his time to politics instead of to his business it ought to be known. Mr. Brady—I know a gentleman of the democratic party who holds five offices and does not do work in of them. . Did you ever get any naturalization papers from the oifice in Chambers street? A. I did; two; I did not pay for them; I presume the republican = did; I knew the persons since May or June jast; they are members of my club; the statements that I made to Rosenberg were fulse; I mentioned the President of the Twentieth ward oe Club (Thomas Cullom) because I knew him to be a well known democrat, in good standing with the party. Q Do you Bellare that the Fepublican pariy is en- gaged in mi citizens improperly as Objected to by Mr. Brady, ‘The Coinmissioner—I do not want to go into those questions; that 8 a matter which I will entertain “at any time that an ailidavit properly vouched for is laid before me. Q. Have you made any efforts to detect illegality in reference to the naturalizing of citizens for the benefit of the republican as A. I have not, ‘o Mr. y—The persons whom I had natural. ized at Chambers street claimed to be legally entitied and had their witnesses with them. I know of no objection to their being naturalized. TESTIMONY OF SAMUEL REYNOLDS. By Mr. Courtney—I live 821 West Twentieth iam storekeeper in a bonded warehouse; I t some naturalization papers from Rosenberg at io. 6 Centre street; | saw him there in the basement of the Eldorado; there is # lager beer saloon on one side and a lot of naturalization offices on the other, all in the ove room; there were tables there and some persons acting as clerks; It was last Wednea- day that [ first saw him, Same objection on the part of the defence, that the time was subsequent to the sonmission of the offence as charged. Objection overruled and ex- ception taken. itness (cuntinuing)—I called upon him with a list of some names to be naturalized; I said they were poor men and did not want the trouble and expense of coming down town, as they were at work; he asked me how many there were; I told him seven, but that there were a good ant more who wanted to be naturalized, and that if I could wet these through 1 would get them naturalized u I gave him a list the seven names; they were Edward McCabe, James O'Donoho, James McCarty, veter Hassam, John MeNally, Bernard Quinn and Edward Daly; they were fictitions names; 1 wrote therm as they came into my head; Lasked him what the cost would be} he said two dollars a piece; Lasked him how long it would take; he sald 1 would get them in @ ijttle while if I would wait; 1 told bim I was busyand would call again; | agreed to call for them be- tween (our aud five o’ciock; this was about ten o'clock in the morning; I said there were TH y wen abont the gas works who wanted wheir pay rut, and F said 1 would like to know what he would charge for a large quantity; be concluled that he would take two dollars a piece for anything below a tuindred and for anything over a hundred a dollar an! a half a piece—(jaughter all over the court room)—T1 told him 1 would see the purties text morning and get @ list of them and bring it dowa to him, and that ifthe committee felt desirous to pay the money it might co so. Cross-examined—I was requested by Marshal | Murray to go to his oMce on that very morn- | | a I nad met him the evening before at | Fifth Avenue Hotel; he did not say anything about the effect of tie exposure of the mat- | ter on the election; f feel an interest in the gam | Daten; the sutements that f made to Rosenbere were false; it Was not so much that | was afraid of a big majority io this State against the republican ) party as agp wed iw 1d to break up the system of | nacuralizin not entitled to | citizenship; 1 never had an, tion to foreigners | voting who were entitied to citizensuip; TI know | | nothing about the doings of the republican party | | in 25 Chambers street; Ihave not been instrumental | in naturalizing foreigners tor the last five a, To Mr, Courtney —I was born in this ¢ Ihave lived in the Sixteent!: ward since 1858, By counael for defence—You spoke of stopping | frauds in naturalizing citizens, Which of the two | to them ¢ political parties do you suppose to be most eagaged | on a bust when I got into this ere serape, vo Objected to by Mr. Brady. 5 ‘The Commissioner—I do not see any reason for going into that matier, Counse! for defence contended he had a right to show that every witness produced was en in be es and that that certainly went to his credibility. The Commissioner said he had no shtaction to counsel asking the witness whether he ved the papanlleags: party was naturalizing citizens fraudu- ently, Bs coms will assure you I know nothing at all about ‘To counsel—T do not know Mr. Seap, the pr.prie- tor of the saloon No. 6 Centre street; I do not know him to be an active democrat of the Sixteenth ward. TESTIMONY OF MORRIS LIVINGSTONE. By Mr. Courtney—I live at No. 32 Delancey street; I know the defendant; I first saw him last Monday at No, 6 Centre street; it is a down stairs in the basement, and besides loon I saw a table where naturalization papers were issued; there were clerks around there; I had & conversation there with Rosenberg; I asked ‘him if he could furnish me with four sets of papers for four different parties; he told me he could; I asked him how much he wanted for them, and I agreed seven dollars for the four papers; 1 gave him the names and he told me to come down there in about half an hour and get the papers; the names that I gave him were James Brown, W. Honig, Henry Baum and August Dietzel; I wrote down these names as they came into my head; they were fictitious names; I went back in an hour; he told me he did not have the papers yet; that he had sent over and that they were out of certificates; that they were printed, and that he would have them as soon as they were ready, and he asked me to come back; I went back several times; at last he nodded to me that he had the papers, and I went with him into an adjoining room, where I paid seven dollars and got the four papers: we were alone in the room (naturalization papers presented to the witness and or papers contain the names whitch I gave to berg. ‘This witness Was cross-examined at it Ie for the purpose.of invalidating his testimony. The croas-examination only bi t Out the fact that his real name wos Lebens! of which Livingstone is the English equivalent; that he has been in this coun- try eight years; that he is but twenty-six years of age, and that he was recently naturalized, his witness being a German named James Brown or Braun, who used to live in Hester street, between Orchard and Ludlow, but of whose present residence he could give no account, At the close of his cross-examination at ten min- utes to four o’clock, the case was adjourned till half- past ten on Tuesday next, one of the counsel for the defence having an engagement for Monday which prevented him attending to the case on that day, to which counsel for the prosecution desired to have it adjourned. The court room, which had been crowded throughout the day, was soon after left to ita usual evening solitude, SUPREME COURT—CHAMBERS. Decisions Rendered. By Judge Ingraham. Benjamin Butler vs. Bernard Levy et al,—Judgment of foreclosure and sale ordered. Skinner vs, Bush,—Motion denied on conditions. Delavan vs, Brown et al-—Moiion granted. Calkins vs. Richardson.—Motion denied with $10 costs, with leave to renew, &c. Julea Sazerac vs, William Grove ct al.—Report of referee confirmed. ‘i By Judge Tappan. Hastzak vs, Chickhaus @ Mason.—Having consid- ered this case fully 1 make the following order, as in conformity with strict equity:—Motion for injunction pendente lite denied upon conditions as rollows:— 1, That defendants shall pay rents accrued and to accrue during the action, which may be received by plaintiff without prejudice. 2. Thatif plaintiff etects there shall be a reference to hear and determine (re- feree, John B. Haskin). If order not complied with in ten days after settlement and service, plaintill’s motion must be granted. SURROGATE’S COURT. Wills Proved. Before Gideon J. Tucker. ‘The following wills were admitted during the week:—Of Eliza Leany, Robert A. Gregory, Henry Nelson, William Gerard, Saran E. Vanderpool, Cas- par Goetze, William Marvelly, Mary Cook, Daniel McAdam. Letters of administration were granted on estates as follows:—Charles Lioyd, Rene Chappint, Eva Bergen, Joseph C. Ditka, Mary Goss, Elizabeth Hun- ter, Sarah A. Prichards, Elizabeth Pickle, Joseph B. ‘Thayer, John A. Abbenreth, Cathari: Hannah Donov: McAnana, Richa Sarah Ryker, Jane Wiikins, Anton A. Lemberg, John Murray, Elizabeth Negus, Bernard Clark, John Geens, Meyer L. Kohnstann, Margaret Kopp, Fred- erick Moog, James Tobin. SOURT OF GENERAL SESSIONS. Before Judge Kelly. PUMMELLED A DUTCHMAN. Master George M. Huntington, a wiry looking cus- tomer, sailed into a Dutchman who calls himself Herr Deiker and gave him Jerusalem. “Well, George, what is your opinion of the accusa- tion ¥” asked the Court, “It’s mv opinion that | trimmed the Dutchman,” responded the accused. “pid he hurt you much?’? demanded the Court of the complainant, a stoutish gentleman, as he entered the witness box. “Yah, Shudge,” replied Deiker; “I keebs a lager pier saloon, und dia man he valks indo me ven I doles him do clear oud ov mine haus. Insdead ov toing so he call me several big liddle names und he gives me ter tuyvil, und [ shwear so much ash never vosh, ven a boliceman gomes in und dakes der may off do der vatchhaus,” “George,” said Judge Kelly, “the Court is of opin- jon that you should go into training for a month, so that your muscle may be sufficiently hardened for your next plug muss. One month in the geological bot George,” and the defendant reti to study. ‘THINKS HE DID Ir. Louis Shimer took his * ih’? on the witness stand and assured the Court that John Marshall had stolen a silver watch out of his room. “are ey guilty, John?’ asked the Court. “Well, I spose I’m,” replied the accused, doin’ nothin’ jes now, I guess.” “What's you business 7” “Well, you see, L ain’t a doin’ nothin’ these three weeks." “The Court is dis] to give you employment for @ xeason, John, an may have poy of it, Isiand for thirty days, “T ain't =i will send youto Blackwell's where yon may, by wz into the quarries, enlarge your knowledge of the mineral kingaom and of the structure of the earth.”” ia! HIT HIM WITH AN AXE. Henry Hanson, a stout looking Irishhman, and Philip Lackers, a gentleman from the Vatterland, had a set-to, in which Hanson got the better of the Dutchman. Frau Lackers mounted the stand and testified that “You see, Shudge, ish der way: dis mans he gought mine mansder tarks, und he seize der axe und he hia mine hoost in der mit id behind, und he gooms near knockin’ his praina out behind, und den trash in und he shwears like der very tyvi, und he wen _ as coulds pe mit ine.” a - vho “Der mans here mit der axe vota hids mine hoose wand der prains behind im der heads of bis eA, lave you anything to say in your defence?” asked the court of the accused. “Paix, yer Haner, I’ve nothing, not the first thi to say in me difinge, foreninst the fact that the wit- ness is @ furriner, a Dutchman’s and t] the man himself haln’t gotany or anywhere else. @) 4 ar. raigned before the for an assault on @ man that can’t aven pee daicently the English | “It in too |, Hanson, a 2 anguage.” , and the court is ‘disposed fo be lenient with you, and will commit you to prison to await the result of the injuries inflicted on your opponent.” A WASHINGTON ON THR CALENDAR. Flizabeth Washington, a stately n evidently with a large supply of the biood of the F. F. V.'s in her veins, was arraigned, charged with stealing from her mistress sandry articles of goods which were found in her trank. The Washington, Carouge ber counsel, Indignantiv denied the imputation. didn’t takegthings, and wonidn’t under any consideration. “That may be true,’ remarked the Court, “but It ts quite evident that were the sheets, &c., found in your trank.”? “1 knows dat as well's do, Judge. Tse not 60 ignorant as not to know dat I’se charged wif stealing dem tings; but I didn’t stole dem. ‘Spose dey was found in my box—I say ‘spose dey was, does’t follow tt lap dem dar? No, sah, | wouldn't be gatitum- ob doin dat are, an’ dar may have been oders in dat yer house mought hev tuck dem an’ put dem Into’my trunk.) ws “Your plea is ingenious—able; but it docs not con wince the Court of your entire innocence,” remarked his Honor, “but I'm afraid tt 1s not convineing. “T think,’ remarked the counsel, “there are others in the house of the lady who need watching.” “Dat's so," said the accused emphatically. “Elizabeth, @& you are & Washington, the Court will be ientent with you,” said the Ju: particu. Jarly aa this 18 your first offence, and send you to the City Prison for one month. A ROW AND THE RESULT. Patrick Hay, @ youth of not the most promising character, was arraigned for entering the ‘shebeen” of a Duich woman named Eleanor Plots in company with several others, while in a state of overflowing glorification, and raising ‘der tyvil and sdealin’ five oy Six tollars out ov her dill in her trawer, und den trawin’ a bisdol and dreadenin’ do shoot her.’’ “What haye you tosay to the charge, Hoey?’ de- mauded the Court. “Tadida't doit, Judge. Im honest, fam." “Where were you born? “Why here in New York, to be sare, Yorker boy, sit.’ “And where do you work, or are youa gentleman of leisuirey* “L hang up my, hat in Communtpaw; that’s over in New Jersey. slaughter there, 1 do. Iwas kind of see. ealied Tm a New The complainant, Bleauor Piotz. was bere ae stand, and upon taking the usual swear “shudge, Ivash in Mine blace, addendin’ on der beobles vat gomes do mine haus vor der peers, ven dis mans und oder y mans a gomes in, und ven von called vor der p ler oders buts out der light, und anoder he goes do mine tia wer in der gosnter und dook der mon! fleve tollar, outov it. Den dis mans he shvears sp much as never vas—ach, he shvear ‘By tam I shoot you; I knock you towns; [ sboil your butty bickter vor you;’ und den | eo murter, und den der vachman he gomes in mid der bolice, und den ve vash all ‘rested, und der money ish gone, der pies is good vor nix und I gomes near havin’ mine prains shoot out of my head.’ A wolan, @ servant of Eleanor, was called to sustain the varied tes:imony of her mistress. She succeeded im proving that she had heard the row, but was in the kitchen at the time, A number of persors undertook to swear for Pat- rick; and i they were to be believed he was an in- jured angel. The Court, however, thought it would do fhe young gentleman a heap of good to pull him up for a month to study geology on the Island. SWEARING LOUDLY, Phineas H. Lawrence was arraigned on the paange of assaulting James M, Galtoey; under peculiar cir- cumstances. He asked permission to go into a coal ard {or the purpose of performing an office of na- jure, when, as he all Phineas saw him, and be- coming indignant ordered men to assault nim. He was, a8 he alleged, capsized and brutally treated; but as he could not swear that the accused directe: the assault, or commanded the on his fanks and onsing him in the rear, he waa discharged from custody. Mr. Gaffney Jeft the court in no amiable state of mind, swearing he’d have satisfac- tion in some way, if he had to figut it out om that line ail the winter. OUTTING IT FAT. ‘Thomas Smith. a Slispiaaied youth, was arraigned on a charge preferred. by Johannes Alsdorf of sieal- m & b.rge a keg of butter of the value of twenty-five do lars. “Thomas, what have you to say to this charge?’ asked his Honor. “Nothin’, ? Judge, answered the accusod; I tuck the butter; there's no let up on that ’ere; I did cut it fat that time, an’ no mistake; I confess the dodge. I was drunk, you see, that time, an’ when I’m rovin’ aroun’ with benzine in IT do things I’m sorry for for when I’m sober, 1. do.’ “Three months in the geological department, Thomas.” “Thaok you. Goodby, Judge. Be happy an’ you'll be virtuous—you'll be, I guess. TRYING IT ON. Jacob Brown, a good natured looking Dutchman, was arraigned on the charge of stealing a hat trom the ren of a Mrs. Dupsey, near tue Cooper In- stitute, * “Do you plead gulity, Brown?’ demanded the Court. “Kna, kna! Ist not guilty; Kna! Vot vor I sdoles mine hat vrom der mans? I vouldn’t sdoles der hat, kna, py tam! I lose mine hat und I vants mine hab, und I didn’t sdole my hat.” , A hat was here produced by the compiainant, who phe that the prisoner had carried off a hat and satchel. “Kna, kna, I ton’t sdole der hads; I never sdoles der had,” cried the accused. “Yacob Brown ton’t sdoles der hads.’? “13 this your hat?’ demanded she Court. “Put iton his head and see if it is, officer.’ “Kna, kna! nix. Dat ish mine had, put it ishn’t, by tam.” The hat was put on his head, but it was found to be too small for it, The fact was Jacob had so much eee in him that it had swelled so mach that the hat “shrunk” when it was put on, “As the hat won’t fit you, Jacob, you had better go and find your tile, The Court discharges you.” “Dat is petter ash goot, Shudge,” said Jacob, “It is nice. Now I shall goes and vind mine hads, und iv I find mine hads I shall dakes mine pier und veel 80 godt as pee tam,” and Brown vamoosed the ranch. , ‘THE TALE OF A TUB, A colored youth nawed Henry William Sternes was arraigned, charged by a white woman with stealing a tub from her preinises, The woman testified positively to the taking. She saw him, and as she hi bit of the brogue on her tongue, volubly expt her contempt of tye entire roceeding by declaring that “she was shure now hat his Haner wud joost fix the nager for stalin’ her tub, It was her only tub, and how was she to git along widout it, espectally as she had washin’ to dol” “Now, now, sit! Lookee, your Honor; dar is not de first word of truf in wat she toles you.) I jes’ £ an’ borrow dat yer tub to do a littie washin’ in for myself, wen she jes’ came ‘long an’ she spotted me, she did. Dat’s all, Swar it is, your Honor.” “I shall huve to send you to the island, young man, for three months,” said JudgeKelly. It will do you “An? ee my New Year's, your honor! Well, " Til hev to ’gree to ’rangement."” the sequal to the ‘Tale of the Tub,’ Heary William.” “Ki! dat's jes so. Good by, sah. Farewell until nex we meet.” And the sturdy Sternes left the court ina tit of sternutation. AVRICA VS. AFRICA. William mer @ black skinned gemman, was arraigned on the charge of Gabriel Smith, a moke of the yellowish shade, ¢ x with stealing two dol- lars from his counter. Smith took the stand and said, “Dis yere man, de prisenner at de bar, stole der from me, an’ jes tole him so aud de say it 1m no sech ting, what fo’ he take de money ?” “Now, you look heah, Smif, yous bin ‘quai wif me dese two years and you knows dat I didu’t stole dem dollars,”’ exclaimed the accused. “see hi you Hopkins,” responded the com- plainant, “dat dar nuffin’ to.do wif de charge of takin’ dar money.” “No,” said the Court, smiling, “it has nothing to do with the case.’ Bn SD 80, ” resumed Smith, “and so you fisher- up.” man shui “But stop, stay @ minute, jes minute. If want to ask cand s question, Smif, I jes want to ask you a questio “Well, den, propound the interrogamtory, an’ I'll hina 5 og I will, So jes interFogumgate your qv jab yon never drink whiskey wif me?! ‘Suah, I’se drank whiskey wif you,’ replied the Well, now, you jes tell who paid fo’ dat dar whis- kt “Dat’s got nuffin to de wid de money, Billiam Hi kins, an’ dar’s no use bringing dem drinks up in dis yer i pit fell en I'd remind you of de fac’ dat you's @ suckel now you turn your back on me fo’ nuffin’, jes ‘cause you lose two dollars on wot you loan me. Didn't I borrow it of you, say?’ “No, sah, not de fus borrow. ‘Sides dat’s nuffin to do wif dis yer case, no how; so you jes shut up, Bil- liam Hopkins. You stole dem dol! you did.” “You a dead beat you aim, Gabriei Smif; you can't den; hoe kin yous?” “Hopkins, I shall send you to the City Prison for be ayes when you are at liberty pay the money Smit: an’ wil neber drink again wif The, dar.” and LS ir dri me, dar,” an the prisoner retired with di nit the court. _., CALENDAR OF SPECIAL SESSIONS YESTERDAY, There were forty-six cases on the calendar of the court to-day, of w' i eA tatan tee oe lan ceny, njne for asaault ai 0 for detraudi: a notet keeper t for cruelty 'to animals, two for miademeanor, one for disorderly house and three for violating the health iaws. CITY INTELLIGENCE, Mortuary.—The deaths reported for the week endi esterday noon were 369; corresponding otf of last week, 4240 decrease of 55. # - ScuppgEN DEATH.—A man, sixty-seven years of age, named Abraham Strauss, on Friday night died sud- denly at his late residence, No. 696 Ninth avenue. Coroner Rollins was notified to hold an inquest on the body. New SreamnoaT Rovre TO NEwrort.—A new route between Providence and New York is proposes by some weil known capitalists, It ia in led to run @ branch road from Wickford to Stonington. The work will probably be finished next spring. Birtas aND MARRiAGEs.—Returns made to Dr. Harris, segister of vital statistics, shows that for the week ending yesterday noon the [chow pant vote of the city was increased by 213. ere were in the same period 380 males and females mated. ‘Tue LickNse BUREAU.—Marshal Tappan, of the Mayor's office, issued the following licenses last week :—Coaches, 8; express wagons, 83; pubile carts, @9; venders, 14; drivers, 56; eters, 4; junk dealers, 2; dirt carts, o—Ts7, Fines $5. Total amount, $726. FaTat ACCIDENT.—An inquest was held by Cor- oner Rollins at 112 West Twelfth street on the body of Victor Schelling, a man twenty-five years of age, whose death resulted from injuries accidentally re- ceived by falling from a grapevine to the ground a day or two since, La Lorerir or New Yorx.—The gentlemen con- nected with the offices of the Astor, St. Nicholas, Boonie, Fifth Avenue and Coleman hotels have form fn association bearing the title of ‘La Cote- rie of New York,’ and propose to give a grand fancy hop at the Academy of Music on Wednesday a evening, January 13, 1860. Sr. Perer’s Roman CatHorte Cavrcn.—The dis- tinguished Catholic divine Dr. Anderdon, A. OX- ford, late of the Catholic University, Pubdiin, will preach at the last inass at St. Peter's church, Bar- clay street, to-day. In the evening Dr, Anderdon wiil preach in St, Andrew's church, Duane street, on the subject:—"Christian Rome and Pope Plus the Ninth.” Farat. Casvaury is A SvoaR Hover.—Coroner Keenan was yesterday called ta hold an inquest at No. 80 Montgomery street on the body of Peter Meeker, @ man twenty-seven years of ‘age, whose death was the result of injuries received by falling from the sixth story of Miller’a sugar house, corner of Water and Coriear streets, Where he was em- ployed, to the lower floor, The accident occurred on the zoth Inst. ATTEMPTED Svicips.—Mary Ann Parker, dwelling at No. 142 Cherry street, yesterday, while suffering | from a iit of prostration, through the agency of atim- ulants, selected from her household eifects a blunt table knife and applied it to her throat, looking to a | free and rapid transit across the river; but it was #0 dull that Mary's eifort proved abortive. she was | taken to Pellevne Hospital. Tuk CATHOLIC FAIRIN THR New TAMMANY HALL. ‘The ladies now holding @ fair ia Tammany Mail for a the building of the Church of the Dominican Fathers, on Lexington avenue and Sixty-fifth street, invite all their friends and the public in generat ‘to visit their tables this week, The proceedings will be par- ticularly interesting this wee, luasmoch ag most of the articles are yet to be railed. ‘Tue Moncve.—rhe body of an unknown man was taken from Fourth avenue, between Fiftieth and Fifty-fret streets, to the Morgue yesterday. De- ceased was about sixty years of age, five feet six inches in height, had gray hair, and wore @ gray coat, black cloth vest, cioth pants, clieck flannel shirt, blue cotton socks, blick crayat, shoes and straw bat, body awaits identtiicat.on, IED IN A PRISON.—Arthur Smith, & man forty years of age, was arrested on Whursday night for being intoxicated in ‘the atreet and taken to the Eight precinct station house by oflicer Geary, Smith ‘was subsequently committed by Justice Ledwith in default of payment of ten dollars fine, On Friday afternoon the keeper of the prison discovered that Smith was dangerously il,” and tortawith called a physician. The poor man, however, grew rapidly worse and died yesterday morning, ‘the body hav- ing been carried to the Morgue, Coroner Rollins heid an inquest. A post mortem examination showed that death resulted frown Spoplexy, and the jury accordingly rendered @ verdict to that effect. Deceased, Wu0 Was @ single man, lived at 33 Lau- rons sireet. ‘THe Park.—A fine bracing atmosphere prevailed in the neighborhood: of the Park yesterday, but, notwithstanding the fact that it was somewhat cold withal, the attendance at the Pavilion was both large ‘and brilliant. Very few of the visitors cared about sitting down, however, and so it was quite a promi- nade concert. The awnings stretched over the seats and the white hats worn by the members of the bava were the last sad traces of summer, while the thick carpet of fallen leaves and the autumnal tints of those yet upon the trees tod of the rapid anprosol: of winter. Mr, Dodworth’s progratuune comprised only the choicest of operatic gems, aud the manner im which they were performed would have satisfied the composers, Offenbach’s ‘Ma Premier Femme” and Schubert's “Last Greeting” were parucularly well rendered, CuiLpREN’s AID Socrery.—At the monthly meet- ing of the trustees of the society, held on Wednesday last, C, L. Brace read the following report of the work of the society for last month:—183 persons (25, men, 19 women, 73 boys and 66 girls) were provided with homes and employment, The average attendance during the past month at the twenty Industrial schools was 1,836, Nightly average attendance at lodging louses:—Newa- boys’ Lodging House, 49 Park place, 1235 Girls’ Lodging House, 125 Bleecker street, 46; Ele~ venth Ward Lodging House, 709 Kast Eleventm street, 38; Thirteenth Ward Lodging House, 82i5 Kivington street, 48; sixteenth Ward Lodging House, 211 Weat Bighteentit street, 45; Caildren’s Home, 125 Bleecker street, 18—tutai sld, 8,041 lodzings and 18,090 meals were furnished to ine inmates during the month. Reports were received from the agents and visitors of the society, siowing that the work was going on successfully in all its branches. TESTIMONIAL TO MR. Pir Cooke.—Yesterday after- noon @ deputation (headed by their president and orator) of the Soldiers and Sailors’ Society entered the banking house of Jay Cooke .& Co., and approach- ing Pitt Cooke were formally introduced to him, At the same time tio of the deputation deposited with- in a few feet of where he stool a large picture frame, decorated with the arms and fag of the republic, in which was placed a beautiful and elaborate speci- men of sallgraply, setung forth with many artistic touches he pen the thanks of the society for Mr. Cooxe's unfailing and unostentatious kindness to many a sick and pleas stricken soldier during the war of the re- ion. In brief but ,olated terms Captain Duncan recited many acts of Kiudness on Mr. Cooke’s part, and was happy to now assure him through the testi+ monial offered that his acts of charity were not for- gotten by those to whose comfort he lad so gener- ously contributed. Mr. Cooke replied in feeling lan- to this, by him, unexpected expression of re- spect in his belalf by the brave men who, standing unfiinchingly in the battle’s front, had saved the country and government from dissolution—death; ending in the disappearance of every vesiige of lib- erty’and of progress, perhaps, forever to the people, POLICE INTELLIGENCE, BOL) SHOPLIFTERS—THEFT OF FuRS.—About balf- past nine o'clock yesterday morning two shoplifters entered the store of Messrs. George C. Treadwell & Co., No. 124 Grand street, under pretence of wishing to purchase some goods, and while one of them en- gaged the attention of the clerk with whom they were negotiating the other packed away ina carpet ‘bag which he carried five tur cloaks and one fur col- lar, valued at $750, without being observed, afver which they left the store without mak- ing any purchases. The goods being missed in a few moments afterwards, the parties were pursued by two gentlemen from the store, through Crosby, Broome, Mercer and other streets, when they. sepa and ran in different directions. The cry of “Stop thief” was raised, when ofticer Fleming, 06 the Broadwayg squad, joined in the chase and snc- ceeded in in_ Broadway, near Howard the man who had the bag of stolen furs in his jon. The prisoner fave his name as James forris, said he was thirty-four years of age and s native of Covi m, Ky. The was taken before Justice Hogan and committed to the Tombs for trial. The confederate of Morris succeeded in making his escape. REBEL GENERALS ON A Ratp.—The asual mo- notony of early morning trials at the Jefferson Market Police Court was broken yesterday by the ap- pearance of ex-Generals John Magruder and Edward Higgins, of . the late rebel army, under the escort of officer Rae, of the Fifteenth precinct, who had ar- rested them during Friday evening at the instance of Elisha H. Wildey, of 677 Broadway. The circum- stances of the arrest were narrated by Mr. Wildey, who appeared as the complainant. He said that the accused came into the store of which he is the auper- intendent, and conducted themselves in & manner decidedly ungentlemanly, insulting the laty attendants and preventing by disparaging remarks the sale of goods on exhibition. The speci- fic character of the latter peas of the charge was dwelt upon particularly by the complainant, tnas- much as he averred that without system and decor- ons conduct, where the greater portion of their pa- trons were ladies, their business would at once be reduced to almost nothing. While the accused were, as alleged, interfering with the customers prosent, the complainant approached them and remonstrated with them. intimating that tney had made a sad mis- take in calling at that establishment and acting in auch @ ruManly way, whereupon General Higgins raised his cane and threatened to annihilate him, the same time “if he knew they were, as alleged , then ejected from the-store, om- cer Rae called and both were taken to the Fifteenth precinct station house, where they remained locked up all it. When asked by Justice Ledwith what they to say in reiation to the charge, Generat Magruder stoutly dented the allegations Of the com- pla ant, assuring the Court that in visiting the es- blishment referred to they were on business, anit that, although he did address the ladies present in relation to certain articles of Bohemian ware there for sale, nothing was said that could offend the most refined and fastidious lady altve. Justice Ledwith patiently: heard the explanations of the |, but they were not satisfactory bE enough to him to warrant a dismissal, as he decided to put them under bonds of $300 each to keep the peace for six months, As there was no one in a at the time to enter into the ere remanded to the cells below until , e accused wi such ald should arrive, At half-past eleven o'clock Mrs. Rose Andrews, of 141 West Fourteenth street, entered the court and gave the required surety for General Higgins, and soon after Daniel Mabens, of West Fourth street, did the same for General Ma- grader, when they were allowed to depart. FATAL QUARREL BETWEEN HUSBAND AND WIFE. For some time past Patrick Kerrigan and his wife, Bliza, have lived at No. 14 Mulberry street, but owing to their intemperate habits much trouble ensued between them. Last Tuesday evening, about half-past seven o'clock, they had a quarrel, during which he seized ® lighted kerosene oll lamp from the table and haried it at her, The lamp reached ita in- tended destination, and the contents scattering upon Mrs. Kerrigan’s dress setiton fire. Before the flames could be extinguished she was terribly burned upon her arms, back and body, She was immediately arn to the New York hospital aud continued to fall till_early yesterday morning, when death en- sued, Lerrigan was arrested bee pict after the occurrence oy officer McGrath, of the Sixth Boa) Ob. and Justice Hogan committed’ him to the Tombs to await the result of his wife's injuries. Coroner Rollins has been notified and will hold an Inquest on the body to-day. It is said the parties were alone in the room at the time of the occurrencr, for several persons tn the adjoining rooms heard them quarreling. CELESTIAL PHENOMENA. Frvsutna, N. ¥., Oct. 2%, 1805. ‘To THe Eprror or Tie HERAL' Last night my attention was calted to what ap~ peared to be a large ball of fire in the western heavens, just below a long reach of clouds and some- what above the horizon, which had very much the Appearance sometimes made bythe setting sun——a blood red. It finally disappeared. Will you pleas inquire if this was observed by others? There was no radtaton or refiection. Time, twenty-flve minutes to eleven o'clock P.M. [ notice and make this in- quiry as the same ocourrenve Was casually observed tue night previous. PURTUS KOMANTS.