The New York Herald Newspaper, November 11, 1868, Page 5

—TRIPLE SHERT. NEW YORK HERALD, WEDNESDAY, NOVEMBER UI, 1868. @ntictpate with confidence some promnt 804 appro- Driate rebuke of this extraerdinary conduct. JOUN M. BINCKLBY, Solicitor [nt. Revenue. P. 8.—4th November, 1868.—Ho) some change nthe singular atitude of the Richmond oMcials ht exonerate me from submitting this report, [ We suspended it for several days, wanoms, homever, any favorable result. . M. B. RS SOLEMN PROTEST. a. ene FiCaNON, Nov. 4, 1868, Bon. Hues Mccut.oon, 8. T. U. S.:— - ‘'SIR—I have just sent you the following de- h:—“Supervisor reports to-day ib Washington, jow no release of Smith’s distillery unti! you receive my t to-morrow With startling facts and con- SL ons for firm and prompt action.’? 1 now proceed res; uily to enter my solemn teat against the release now or at any time or ‘ circumstances, without @ judicial investi- on of all the issues of law and questions of fact nted by the records on tile in the case of Abram Ys distillery, and this my protest is based on ee by facts and reasons developed in fall force on the resu:ts known to the defendant sustained by the correspondence between the mer, yourself, General Hobart, Mr. Rich- ‘Mr. Lard and myse.f—all of which, I presume, regularly on file. I need not repeat here in any detail what has been ex) in those letters and papers, but your cial consideration of them is respectfully invoked. - Laird will, of course, file my letters to him. If has Rot. done so 1 will turnish copies when re- 10 60. It will be recollected what occurred during and sora yur Maine tpt wae m of Mr. kic! leportment while here and his statements made on lis return. All ‘these are fully in your possession. ‘he date of his ‘Visit is important, as you will presentiy see; the Sats. invest ton and report of General Hobart, the a had reon, the appointment of the Super- Tig An the circumstances under which it was What report the Su) yr will make I am not able to premise, but fi it is adverse to the seizure I agoinst It and the release. Mr. Richards left \d, 1 think, on the 3d day of October. Gene- ral ai arrived here, 1 think, on the 7th of October. The and leading fact connected with these ‘two incidents is, that on the 8th aay of October two of the ten tubs in Smith’s distillery were sealed on Rotification flied here and in the Commissioner's effice in Washington. From the ist of September to the 8th of October ten tubs had been in constant use. notice of Smith on file in the Assessor's and mmissioner’s oilice was for ninety-six hours, jeir books show they Ls a) in_ seventy-two . Now, seventy-two hours’ running requires only eight tubs, whereas to run ninety-six hours re- quires ten tubs. This basis of action allowed two extra tubs at the “producing capacity” of 114 bushels each, each day, from the 1st of September to the sh of October. ‘This result allowed the con- moupton. of 228 bushels of grain each day, equal to 1, bushels a week or 4,104 gallons of whiskey a $leck over and above the legitimate use of the eight Here, then, is the fact ascertained, reported and Known inthe Assessor's and Comuissioner’s office st Washington. What 1s the legal, moraf and busi- mess deduction from this fact? General Hobert ar- rived here on the 7th Uctober. On the next day two ‘tubs whic! been in constant use since the 1st September were notified to be shut off. Did not the Commissioner, the Collector and the Assessor know @f this diminution of the number of tubs? If the, |, Was not their knowledge “a guilty knowledge ?”? pk pon knowledge, were not they and each of them guilty of complicity in the ascertained, re- rted and recognized false, fraudulent and illicit of the two extra tubs from the Ist of Sep- tember to the 8th of October? Were those two tubs mot designedly shut off, sealed and retired for the stare ot concealing known and recognized dent fraud’? If so, were not all parties con- cerned guilty in the eye of the law of a deliberate Violation by consent and agreement of the express provisions of the law? Is there any escape? These facts are vouched by the record. They @peak out from the oficial papers on file. They can- Rot be e: thelr full scope of proof, and shall they be obviated by verbal explations, sworn state- Menta and ex p re atidavils? ‘Without giving other reasons, sir, J respectfully in- jotive aad concurrent crime in every move made the parties, aad they involve the Comuissioner, Collector and the Assessor. ‘voke your official condemnation of the act and all ities connected with it. The badges of fraud clus- around every circumstance and disclose a guilty Let the law be enforced. It stands fall-armed for fie vindication and I nave a right to invoke its ad- ministrative and peaal enforcement, though the Commissioner has used every Cn lip? to destroy my iniluence and remove the autilorized capacity to investigate and ieport on such matters, Though ee an officer of the government, I'feel, as an Amer- an citizen, authorized to expose and hold up to eMicial executive and popular condemnation such @ it and palpable violation of official duties. ery respectfuily, JOHN H. GILMER, N. 8.—This may close our businesa correspoud- MR. GILMER TO SECRETARY M’CULLOCH. RICHMOND, Nov. 6, 1868, fon. Huca McCu.toce, of the Treasury of the United States:— Your telegram has just been received. I really bere my work for the last two months was as ined counsel.” We have so corresponded and ‘Wy constant labors have been bestowed under this ‘impression. The information obtained by me and ected on by you and the Commissioner was brought @ut under this view. I shall not further press the matter with you. assure you that! have fgcted as your friend in this matter. Ishall not allow my work to fail because of the pon-payment of fees or the non-recommendation of ‘oe a tee or Attorney. I regret the conclusion of ;* ir, og teres pea co gees r and _ person: ty despite Mr. Rollins. You 4 % “i JOHN H. GILMER. THE WHISKEY RING IN NEW YORK. Everything tn Stata Quo—Oatwhrd Quict and. Internal Commotion. ‘There was no untoward commotion visible yes- ferday. As nothing decisive was done on Monday a similar respite was expected for yesterday, and it is be Neved the respite will continue to-day. Big coaches move £low, and the United States government is, per- haps, thebiggist government coach agoing nowadays; therefore it moves very slow. And asit has two teams of horses, one pulling forward and the other backward, it needs must move slower still. Hence the “ring,” like a noted individual named Micawber, “waite for something to turn up” which may show them the way how to proceed that they might either stop the coach altogether or entirely over- farn it, if that be within the je of hility. It was mooted around yesterday at es that the question of moving in this matter of ely crashing the “ring” hinged upon the eyed mnochiion for many other nove- R the President had requested Treasury Moloch to pay over to Judge Fullerton s.certain amount for the ex: of the Sore mary investigation ; Secretary McCuil flatly refused, aud that hence, the “grease”? wanting, the machine would not work. those interested in the “ring,” and ail those who know g@nytinug of the workings of the concern, which they have an interest to conceal and Keep dark, Were cuuckling hearty over this reported defeat of the aggressive Andy. But inthe course of the afternoon tiis re,ort from Lg og) Was as flatly contradicted as it was asserted in the forenoon, and fe $m) faces changed to a sombre expression. tween these conaicting reports no one knows. ‘what to believe of these dying stories, and the lead- ers of the “ring” themselves are in doubt on wiich mide the truth may lie. A very curious incident connected with this affair W the peculiar situation in whica the “helps” and‘ “hands” aad “go betweens” of the actual specuia- tors of the “‘simg” are piaced. The pay they re- ceived for their services is spent, and they expected to fill their purses again with greenbacks for “tell- ing” on their former employers and revealing what they know of their underhand (faftic, of the bribes sent and taken and of the “ways and means” employea to gull honest officiais, feather the nests of such as were other- wise, and generaily to pluck the revenue and the ee. Having been accessories before and after tact in these frauds they now wish to turn “States? evidence,” and by tus turn again to turn a round fee wto taeir own pockets, They dislike the @elay and fear iis consequences, ‘So far no actual demousiration has been made by eituer party. it 8 the lull before the coming storm. ‘There Rave been much talk and hard words, but hostilities will cominence in carnest a8 scon as the Gener |-tn-Chief at Washington shail be ready to give the word of command. in him now rests the power and on bim the responsibility. This all wuder- Stand, and therefore rest their vars and cock their ears io the south to cach whatever tidings the breeze or she “chained lighining” may bring from the City of Magnificent Listances. EXTENSIVE SWINDLING OPERATIONS.—S, C. Kenyon & o., boot and shoe dealers, No. 100jg Asylum street, are charged with obtaining under faise pre- tences of parties In Boston and West Brookfleid, Mags., goods to the amount of $40,000 or $40,000 and secreting the saine, Cases Of boots aud shoes were Dought and shipped to thus city, the consigno: posing that the firm was perfectly good for any emount, Suspicion, however, was excited that there was bo Wrong going on, and the genticmen interestel came to this’ city on paturday and rewaimed over Sunday investigat- ing. Tiey discovered that none of the goods ‘were stored here, but had prepay been shipped to other paris as svon as received And secrete. or sold, the design of the purchasers from the start being to commii ivaud. it is thought some track has been obtained of the property and the search is being followed up. One of the Kenyons was arrested yea- terday By sheriff Russell and iodged in the otner one having left for parta unknown. The names of # parties swindied are Faisom & Ware, and a por- 0 Of the purchase was made In North Bria rewater, Maas, 1. Ronyon i in jall, Sylvester, his brother, Baving left.—Hariyord Courant, Nov. 10. AN InpictuEnt AGAINST THR PRIZR FIGHTER SED- Pons.—In the Superior Criminal Court this forenoon the Grand Jury reported an indictment against Geo, long, of South Boston, the prize fighter, and sound Lim guiity of leaving the Siate by appoint. Mevt to induige in a prize ight. He was arraigned Pieadea His counse!, Major Manan, Will mane an acest his bail reduced. It to have us ROW $6, Boston Praveller, Nov. % Rit NEW YORK CITY. THE COURTS. UMITED STATES DISTRICT COURT. The messmore-Kentucky Bourbon Company Case. Before Judge Blatchford. We United States vs. David Messmore and Others. — This case, which was set down for yesterday morn- ing, was called in its order on the calendar. To the inquiry of the Court as to what condition the case was in? Mr, Courtney, United States District Attorney, said the case was in the same condition as when It was last before the Court. Since then the instruc. tious of the Attorney General had not been modified in regard to its not being proceeded with, unless the defendants were ready to go on with it. The Court said that under the circamstances, in a case SATOErEn 5 charge of conspiracy, and the parties charged not being bre |, he could not see how ‘the case could possibly Mr. Coutrney—When thi on the day it was origi set down for trial, 1 was ready to proceed with it, On the application of some of the however, it was put off to another day. Then your Honor thougit the time was run- ning fast, and if not at once tried we should hardly within the term have time to commence and finish it, {was instructed, as your Honor knows, by the Attorney General not to press tuese cases to ‘trial until such time as the defendants were fully prepared to goon with them, I acted accordiug to the in- structions of the Attorney General, who only desired that the trial bo deferred, and for 80 doing I have been abused by the press. ‘The Court—Under the circumstances the Court was willing to give the defenaauts full opportunity to se- cure their witne and the government no doubt had very goo'l reasons for not desiring at this moment to press on the trial of the cases. I shall permit them, \nerefore, to stand. over without saying that th shail go over for the term, but they shall be allows to stand over, and should the government deteruune to bring them on again within the term the defend- ants shall have ample notice to prepare. If the Dis- trict Attorney is satisfled that this course should be adopted the Court shal! so order it. Mr, Courthey—l am content, your Honor having no other alternative under my instructions. ‘he case was then ordered to stand over. Anoiher Whiskey Case—important Motion and Argument. The United States vs, Ethan L. Watson, George D. Crary and Henry Pike.—In this case Mr, H. L. Clinton, counsel for the defence, asked for a post- ponement of the trial of the case in consequencs of the illness of his client, Mr. Crary. ‘The case hay- ing been fixed peremptorily for this morning, Mr Crary, at great peril to his health, had come to the city and was at that moment resting upon a lounge in his office, and his condition was such that he could not poems, sustain the fatigue of coming into court and being put on his trial. ‘There was a matter of law in the case which, however, could be discussed without bringing bis clieut into court and which could be butter discussed now before the case was given toa ute Mr. Courtney—What is your question of law? ‘The Court—How do you propose to bring up for discussion a question of law in the case beiore you have pleaded to the indictment ? Mr. Ciintoua—We will bring up the question in the shape of an objection to any further proceedings and 8 motion to discharge ail the parties. . The Court—{ do not see how fon can bring that up if you have not pleaded not gniity. Mr. Clinton said he would present authorities, Counsel then proceeded to urge his objection to any farther proceedings in the case on the ground that the defendants stand acquitted, and at the same time counsel moved for their discharge from custody and their discharge from bail for the reason that the parties had been already put upon their trial, and therefore they could not be iwice put iu jecpardy for the same offence. On the previous trial a juror had been withdrawn, and oar counsel argued, was an aban- donment’ of the indictment, on the’ principle that if a jury be discha on other than a legal cause, after being empanelied in a criminal case, that dis- charge was an acquittal of tne party ontrial. Coun- sel then read quotations trom numerous authorities 1n support of his position. Mr. clarence Seward followed on the same side. Mr. fpat = United States District Aitorney, op- the motion, and also quoted authorities from the United States law books, The argument of counsel occupied the whole of the day, Judge Blatchford reserving decision, In Bankruptcy—A New Rule. In taking testimony all registers, referees and commissioners shall, where testimony 13s written down by question and answer, number the questions put to each witness continuously from the com- mencement of his direct examination to the final close of his examination, direct and croas. The “Gaslight” and “After Dark’? Contro- versy—A New Sensation Net Set Down in the Bills. Augustin Daly filed a bill of complaint in the Clerk’s oMfice of the United States Circuit Court for the Southern district of New York against Henry D. Palmer and Henry C. Jarrett, setting forth that he is a dramatic author by profeasion and has for several years been en; in the business of composing, writing and producing on the theatrical stage in this city and other cities of the United States dramatic compositions, commonly catied plays; that the de- fendants, Palmer and Jarrett, are managers of Niblo’s Garden, @ public place of tneatrical amuse- ment; that complainant, before the ist day of August, wrote a dramatic composition called “Onder the Gusight,” a romantic panorama or the streeis and houses of New York, the said play or com- poate being his (complainant’s) original Cem a and invention and was and suited for ublic representation; that on the Ist day of August, , complainant took out a copyright therefore in ‘the clerk’s office of the District Court; that by such copyright he secured the exclusive right to act, per- form or represent composi! “Under the Gaslignt,” and that subsequently said had been presented and performed. (The compl: it then on to refer to the great successes which attended @ piece from the railroad scene therein.) That one Dion Bouctcault, a dramatic author and theatrical manager, a native and a subject of Great Britain, without the WE Adee! “g or aa, complainant, prepared @ play “which he called ‘After Dark,” in which play said -Boucicault introduced several of the scenes and incidents of complainant's com: “Onder the Gaslight,” yarring. them ‘slightly, but. substantially retaining the attractive features of complainant's play, the railroad scene. The complainant then charges that the de Seoteats, Soe snd | arte eee to sell of said play ir pub- represented, in violation of his (compiain- lainant, at an wrongs int inflicted on him by the said defend- ants, by their production at Niblo’s Garden of Boucl- cault’s play, ‘After Dark,’ for a writ of in- Junction; aiso® preliminary injunction restrai the defendants from lncing said play, and also praying for a writ subpoena commanding the said Palmer and Jarrett to ar before Judge Blatchford to answer in the prem! The subpeenas have been served, in accordance With the application, aod the parties will be allin court on Saiurday next, when a lively scene will be SUPREME COURT—GENERAL TERM, f An Interesting Litigation Concerning a Will. Before Jndges Barnard, Ingraham and Cardozo. In the Matier of Proving the Last Will and Testa ment of John Shepard, Deceased,—The testator made two wills, one in 1858 and the second in 1364, be- queathing his estate, valued at about $35,000, to cer- tain relatives, and appointing his son, William 8, Shepard, and fils son-in-law, Hiron W. Allen, execu- tors. In the first will, among other bequests, bo directed that the proceeds of four houses in Brook- lyn, belonging to his estate, be divided equally be- tween his caughter, Leorena Allen, and his sons, William &., James G. and W. Shepard. in the will of 1864 he made the same disposition of his roperty, with the single exception that William 8. Rid are 1s omitted from the distribution of the pro- ia of the sale of these four honses, Both wills were oifered for probate before the Surrogate, but the will of 1864 only was admitted, ‘The case came up yesterday on appeal from the decree of the Surrogate as erroneous ia admittiug the last named will and excluding the al testa- ment. The testator died in 1867, at the age of eigh four years, aud was then, according to the testi. mony of witnesses before the Surrogate, in & very infirm condition of mind, bordering ciosely on idiocy. He was, at the time of making the will of 1864, almost biind and his memory was vad. Twenty years ago he waa considered of inmeciie mind, and ‘could not collect his ideas, and was generally calied “Oragy Shepard.” His widow, who received the same appo joument of the estate under both wilia, t he married him fifteen years before his mental powers graduaily {i time of her marrying, bit, and his signt failed in ike manner; for the last four or five years his mind wan- dered, and he insisted that things which he imagined not, in his better had an actual existence; he di days, comprehend anything outside of ils ordinary business, and would persist in asking for rents that were not due, &c. Among other strange freaks it Was also tegtitied that he would sometimes crawi on his hands dnd knees to dinner or up stairs. His son, William Shepard, now contests this last will on the ground that, by reason of age and infirm- ity at the time of making it, he was incompetent to niake & valid testamentary disposition of his estate, and that competency to execute a testament deca not exist uniers the alleged testator has reason and understanding suMcient to comprehend the act at the time of its execatiou. The Court, after argu- ment by counsel on both sides, set aside the decree of the Surrogate admitting the will of 1864 to pro. bate, and ordered issues to be framed for triai beiora a Ys to determine the question of the competency ofthe testator. For the contestant, ira Shaler; for the respondents W, A. Allen. SUPREME COUIT—CHAMBERS. Decisious Rendered. By Judge Sutherland. Barold vs, Baroid.—Report of referee confirmed and judginent of divorce grantea. John N. Patterson vs, Freeman Hurd,—Motion granted, without costs to either party. Bentz, éc., vs, Bentz et al,—Order granted, Prati vs, Wheeler,—Order granted, Philips vs, Clar Motion granted, without costs. In the Matter of the Petition of Rovert M, C. @va- ham et al.—Petition fled and order granted. By Judge Barnard. Josephine Blawan va, John EB. Blancan.—Repart of referee conirmed and judgment of divorce grauted, Custody of children awarded to plaintiil, By Judge Ingraham, In the Matter of Norman B. Griffin, a Lunatie.—~ Application denied, SIXTH DISTRICT Civik COURT. The Raid on Tenement Houses. Before Judge Thomas H. Lane. For some time the Metropolitan Health Boara have been in the habit of bringing their complaints against tenement houses in this court to recover the penalties provided by the law for its infraction. Over a thousand complaints have thus been filed in this court within the year. Many, probably more than a majority of them, have been amicably settled, the owners or lessees of tenement houses com- plained of either remoued the nuisances chi id against them or making the improvements manded and by paying @ suficient sum to cover cosis and satisfy the law. But alarge number were either persistently urged for adjournment or other- wise delayed, and but in comparatively few cases judgment was obtamed, The Board seem now de- termined to “clear the calendar” and make room for another large number of fresh complaints. Hence, upon the opening of the court yesterday morning, no less than 405 of these complaints were called for action and were disposed of a3 follows:—Two discontinued by the Board; 22 were settled by the defendant paying voluntarily the costs and penalty, ranging from $10 to $50; 162 were con- tinued to the 12th, 105 to the 13th and 60 to the 20th day of November, and in the following 64 cases judzment was obtained. The list appended below gives the names of the defendants, who are either owners or lessees of tenement houses; the location of the buildings, the cause of the complaint and the amount of the poner indicted. in the cases which were continued the charges ppcatereen by the Board are of a similar nature; in a few only the complaint rests upon the omission of putting up fire-escapes. It will be observed from a perusal of this list that several of the charges are made for Jetting filthy cellars for dwellings—a practice among house owners which ought certainly be frowned down, for in such cellars disease is engendered that under certain cir- cumstances may spread as an epidemic over the whole city. The present activity ol the Board in this direction, to give the ad of our city more heaithfal habitations, is certainly commendable and they should earnestly persist in this work. The following is a list of judgments rendered yesterday, as men- tloned above:— Patrick McElroy, No. 424 Second avenue, cellar filthy; judyment $57, ern, No. 452 Second avenue, no ventilating win- cond, third and fourth floors; settled the same as dows 0 the Inst. James J. Phelan, No. 461 West Twenty-fifth atreet, no tran- som windows on secon, third and fourth floors and no ventl- Intor on rook dudment $10, Samuel Pbililps, No. 224 West Nineteenth street, no ventila- tor on roof and etilar Althy : dudginent 3h, Frederick Leporin, frout building No. 485 West Forty-fourth street, no transom windows in bedrooms on second and third floors} judgment $107, ‘a, Pinner, boiling offal and bonos at 612 and 614 West Forty-seventh strect; Judgment #10, Mrs. 8. Farrell, No. 711 Ninth avenue, dirty walls and ceil- ings; judgment $107. ‘Eyathia Wilson, No. 458 West Eighteenth street, no transom windows and leaking roofs Judzment 357. Charles Soloman, No. 508 West Nineteenth street, no tran- som windows; judgment $15, Benjamin Wallace, No. 454 West Nineteenth street, no tran- som windows, cellar and atea not drained ; judgment #19. ‘Anne Ledwith, No. 254 West Thiriy-third street, no transom windows, no proper drainaze for closets and yard, no venti- lator on roof; judgment fe Edward Presi, No. 508 Eleventh avenue, closets not drained, cesspool under Louse; judgment Flancia ilaetling, No. 614 Tenth avenue, no transom win- walls and ceiliaze filthy, improper banisters; jadg- Fi Nolton, No, €09 West Forty-ninth street, aking roof, closets not drained; judgment $57. L.’ Kneisel, No, 607 Wost Foriy-niaih street, closets not drained ; judgment #15. ‘Mrs. R. Denning, No. 611 Eleventh avenue, no transom wiadows, closets tikhy, no ventilator on roof, hydrant not properly acpiinectod with sewer and basement wails filthy ; ent Bids. J-Healey, No, 619 West Forty-seventh street, filthy closets, no banisters ; ndgment 10, ‘Noonan MeDonald, No. 83 Harrison street, closets not pro- ly drained; judgment 830, Vaknown (John Flasce), No. 191 Grecawich atreet, no sewer, unclean yard; Judgient #10. Lo eae pe No. 76 Washington street, filthy closets; en Catharine Livingston, No. 74 West Broad ilar rented aan dwelling, i being onproperty drained: Jalement $00, No iat, Washington street, cellar rented ment John Tewers, No. 571 Greonwich street, filthy closets; judg- ment D. Wilson, No. 78 King street, no transom filthy closets, cellar improperiy rented for dwelling; jt 4 ‘Ww. Cleary, Nos. 913¢ and 93 Chariton ste roof leaking, dows, ment asa dwelling; dirty wall: isters ; judgment tt ‘ 3 Join 8 bwarte, Noi King street, no ventilation on 3 ja padi Pietde, No: 91 Attorney street, no ontop, See dirty walls and ceiili ; judgment a penheimer, No. 194 Division Sates, Richy cellar; nt B10, David ieees, No. 8 avenue C, no transom windows, drained: judgment $57, ‘0. 506 Thirteenth street, no transom ‘Mathew Smi windows, filthy clorate; judgment $10. eames |, No. 00 Henry street, roof leaking, cesspool in i ‘Willlam Close, No. 220 East Houston street, filthy cellar; indgrment $10 iam Simpson, No. 718 Fast Twelfth street, no transom windows, no ventilation on top; judgment #40. Jobn Roberts, No. 747 Ninth sireet, no transom windows, o ventilation om roof ; judgment @i0. josain overt, No. tis ‘Ninth street, no veniflation on roof; ent $57, lip Pring, No. 310 Sixth street, no tsansom windows; ent No. 38 East Broadway, roof leaking, filthy husztjedarment 10, rs. Me aay, , poor ° ‘Aorahan’ lege); No.9 avenue Co of) judgment $10. Jonn McCiay, No, 188 Cherry street, filthy closets, cesspool iti ith, Sr., No. 968 Grand street, Olthy yard; judg- ‘Morris O'Brien, No. 47 East Broadway, no proper drainage, eo Dklel Gohate, No. 3 362 Madison street, no transom judy windows; Mat. Gi No. 114 Madison not i, Org MOLY street, not properly drained, su “Giebon, ‘No. 70 Greenwich street, leaking roof; Ledwith, No, 446 Eleventh avenue, filthy closets, elinty; Bo proper baulsters; fidgment QI0T: avenue, same charge 448 West Fi first street, no tran- ik . jo. feat Fi ‘no transom no Ventilator on rovf, sewer; judg- ttre M. McGowan, No. 96 Ninth avenue, no transom Tinows ‘no ventilator on roof, which wae leaking: Judg- wri Camm, No. 1M Leonard street, 20 ventilator on Galler, No. 170 Kilzabeth street, no proper ératn- 5. diay No ‘Mulberry street, no proper drainage; judg- og Ug No. 95 avenue B, no ventilator on roof, joeta; judement $107. Dice oF unkoo oo. 178.Porsyth street, filthy walls and ceilings; judgement $i0t, farcmoa, ‘Water street, no transom win- dows, fithy yard, cellar and staira; } it B15. Airs. Cushing, ‘No. § Pearl street, Too! teaking? judgment Jobn Bellerman, No, 406 East Twenty-ffth no tran- som windows, no ventilator on roof ; judgment $10, ‘John Guinn, No. 6.9 Fast Twenty-fourth street, no transom windows; judgment $16, Mrs. Jeanette Saeltzer, No, 280 East Twenty-fret street, no transom windows, no ventilator on roof; judgment 957, —— Seltzer, No. mm East Tweuty-iiret }, same charges as above; judgment Anne Leary, No. 60 East Twentieth street, asme charges as abore sud Cellar Sliby; Judgment $37. COURT OF GENERAL SESSIONS. Before Judge Russel. This court met yesterday, the City Judge presiding. Assistant District Attorney Hutchings appeared for the progecution. Edward F. Creech, jointly indicted with Charies Dorsey, pleaded guilty to forgery in the fourth de- gree. He was charged with forging on the 19tn of September an order directing Russell & Erwin to deliver twenty kegs of nails and charge them to Corbett & Clemond, The prisoner was sent te the State Prison for two years. Nell Costello, who was indicted for forging a check on the Market National Bank for the sum of $307, purporting to be signed by H. Morrison, pleaded julity to iorgery in the fourth degree. He was een- nced to the Penitentiary for one year. Joseph H. McLaughlin pleaded guilty to larceny from the person, he bein, P cht ed wit stealing a ocketbook containing ti jollars on the 20th of ‘une, the property of Ghristian Kern, ®arali A. Keed pleaded guilty to an Indictment charging her with stealing seve: dollars’ worth of ladies’ apparel from Mra, Sop! Levy, 615 Hudson Street, on the 16th of June. ‘These prisoners were remanded for sentence, COURT OF SPECIAL SESSIONS. Before Judges Dowling and Kelly. IN TAB GRAPE LINE, Fdward Heart, a hearty littie customer about knee high to a good sized mud turtie, was placed on trial for stealing a small box of grapes from & grocer in Greenwich street, named Nelson Duckworth, On being placed on the witneg stand Mr. Duck- worth said he didn’t know who stole the grapes, but his porter did. ‘The porter testified to his taking the grapes from Mjieart denied the soft impeachment. ‘The grapes jeart denies 80) bi) men Were sour to him, Tue Court said he woe guilty, but wonld spspend sentence, adding if he waa ever caught stealing grapes again it would send him to the Penitentlary unit twenty-one years old. The young gentieman proiaised not to “take” grapes until of age, and then ‘vamosed” the hall of justice with a rash, ANOTHER CASE OF ‘' RING’-ING. Mary Abn Ryan, & pale faced, red headed speei- men of womanhood, With # (ashlonable hat on her sconce, charged a burly looking customer, Patrick McCar’y, with having stolen from her a gold ring of the value of ten doltars, Mary Aun stated that Pat was drunk and that she gave him money to go and get a drink, and that while doing so the ring slipped from her finger to the floor, at which Pat made a grab for it, at the ame time telling her that if she touched it he would ick her in the mouth"? “Were you drunk too, Mary Ann?” asked Judge Dowling. “No, yer Honor, I wasn’t. It was too early in the morning.” “A great many people get drank early in the morning,” remarked his Houor quietly, “Well, I didn’t that time anyways," replied the young lady, wiih a thirsty look smile; and Mary Aun peitied her thin person comfortably in the wit- ness chair, “Patrick,” said Judge Dowling, “what haye you Me 4 the charge preferred—tuat of stealing the rin; “shure, yer Haner, I know nothin’ at all at all about tue guri’s ring, I wur dhruak as a piper at the toime, an’ ef 1 stowle her dnger ring I didn’t know it. But I didn’t stale #, yer Maner. Faix, ’m ie b’ye Lo take & Woman’s ring.’” © sidle it, Pat,” chimed in Mary Ann. “au ye wurdhrunk Mary, me darlin’,” retorted se Gniscner, “an? cudn’t see a hole ina six foot aud it was clearly proved in turn, by the witnesses, that Mary Ann was and was not drunk, An old lady said Mary came home trom the theatre about one o'clock In the morning, and proposed a good drink ali round, which Pat agreed to, and the result was a high oid jamboree on unrectified “pisen stall; and, 93 all parties survived the dread- fui experiment of swallowing benzine without call- tng in the assistance of a coroner, the court thought it would be weil to dismiss'the case. Patrick was accordingly discharged from custody. TWO MONTHS WITH THANKS. A dilapidated indtvidual on whose card, tf he has one, is printed the name of Thomas Duncan, was arraigned, charged with having stolen @ coat or cloak from Isabella Berrand. “the case is clear “Thomas,” said the Cou omas; Penitentiary, juire against you. Two months, Thomas, Geological department, Thomas. Ing into inineral formation of the earth, Thomas.” ‘The accused looked up and his eyes brightened as he heard his sentence. At 1t8 conclusion he turned, gracefully to the beneh, and in a voice sweet as the music of a night ow) in moulting time, chirruped:— “Chanks—thanks, your Honor! Thanks! Ah, how kind you are | and with a waive of bis crownless hat and a deferential bow evanished, Thomas Duncan is now @ bright ornament and a brilliant scholar in the geological class on Black- Weil's Island. AN “HONORABLE” SENT UP, Henry P. Cochrane, who onte served the State in the capacity of legislator, he having been returned tothe Assembly by the sovereign people, was ar- raigned for striking out from his shoulder, his clenched hand at the same time ene in contact, with Jobn G. Murray's left eye, which he jomely decorated in the colors of the rainbow, ‘The honorable ex-Assemblyman had bad a “little business” of “borrow” with the compiainant. Murray, who is a “limb of the law,” having by some means fallen into the possession of certain money, apd Cochrane, becoming aware of the fact, pegotiated # ‘‘borrow"—eflected a loan. ‘this was complainant’s statement, He continued as fullo Ws:— “I wrote to Mr. Cochrane & note asking him for my Money. He met me in the street and demanded to know if I had written the letter. I answered that I had. He then said, ‘id go down to your office and pay you.’ On the way down he struck out from the shoulder, hitting me square im the eye. You see its condition’ Bad, isn’t it?’ and the complainant turned his injured optic toward the bench, inviting Judge bowling to inspect it and sympathize with his sad state of mourning. “What have you to say, sir??? said his Honor, look- Ing 9 the prisiuer, “i ‘defence of your conduct #”” “What have I to say?’ replied the ex-iegisiator. “Pye this to fat? Mw struck out first. He thought he could lick mi ut jw soon saw that I wasn't to be fooled. Vi never do it again.” “Pil fine you twenty-five do lars, Cochrane,” said Judge Dowling, “and vo stand committed until the money is pata’? ‘That was a bad sentence for the ex-Agsemblyman. ‘The recent elections having stripped him of all his spare change he is necessitated to retire from tue field of his politieal usefulness to the City Prison, where he will reinaim until aiter the Mayoralty elec- tion, unless some good hearted chap should come along and ‘‘pony up” for him. MAKING LOVE TO A PIANO PLAYER. Rosanna Walsh, a very pretty young woman, mar- ried about four months, came upon the witness stand and swore that her husband, Willlam, had beaten and mashed and smashed her because she had dared to make love in his presence to a p! forte player. “pid the man make love to you, Rosanna?” “No, sir; 1 was merely talking to him about music, when my husband walked into me in a lively man- ner; he knocked me from the attic to the “Did he cut your lip?”. “Yea, sir.” “What is your business ?”? 1 keep a——,”’ and the woman hesitated. what ts your business ?”” carpinther, yer Haner,” said the accused, “au’ J wurck at me thrade, I fur me wife, she makes love to ivery man the sthreets, an’ bese getthin’ dhrank as blazes at that. An’ shure it’s the furst time I was iver afoore yese—to me sorrow.” “You ought to be ashamed of yourself, sir,’ said his Honor, looking severely at the accused. “You live on prostitution, you harbor prostitutes and you eat witir degraded women. Sir, 1 shall —” “May I hev a lawyer, yer Haner }”’ interrupted the risoner, ‘I want to prove as how this wife av mine e getthin’ dhrunk ail the time an’ bese makin’ Jove till the min.” “That 1s no excuse for your conduct. You oaght, under no circumstances, to strike a woman.”” “ “[ niver struck her; she was dhrunk, an’——"? basement.” “Four months in the Penitentiary, sir. While there you will be virtuous, you also will have the consciousness of knowing you are not living on the wi of sin.” The , When he heard these words, first grew red and then pale in the face; and from the expression in his eyes it would not have been weil with his wife if he had had her in @ room alone for haif an hour. IN MOURNING, Delif McGiotn appeared on the witness stand with her face in deep mourning—her eyes ee orna- mented with concentric circles of biack, yellow and gTeou—and swore that the artistic work so such admired by the Court was caused by her face in contact with @ wash caxen it was proved timat complainant was a terrible wo man, An old lady said:— ae! Paix, ont an a yo ot jicem e a clu pol ans club—an’ she an me an’ me childer ef they kim down the stair, an’ I’m an old woman, widout # manor @ husband, Mike bein’ dead these four year, to take me part.” “That too bad,” said Jndge Lait 2 “ATO there any other witnesses to testify to the ir of the comp! 2” “Yes, sir,” sald counsel. ‘“Fhere is Hans Miller.” Hans stepped upon the stand, and, on taking the usual “swear,” proceeded to express hus opi or the row as follows:— “Shudge, I lives in der hous mit dese vomans vat igh all der dimes quarreling und bitchin’ undo each other. Ach, b+ oy like der tyvi ts» pad yomans, und I but @ badent lock on der toor, und dese vomans dey goomes rushing against id, und yor vear dey would preak mine badent safety See die Geo vue ocr ola Vay. lo vight so und do galleach oder names, und I doles dem as mooch; and den I goes pack to mine room und | but der badent safety lock on der toor, und dat tah all I Knows about it,’ “And enough,” remarked his Honor, taking breath. “Catharine Geragaty, | shall fine you tive doliars and commit you unill it is paid.” As Kate was without the “‘spons”’ sie was reman(- ed, and the Judge, adjudicating upon two or three other cases of alight iinportance, rose and the court adjourned until Thursday. CALENDAR SPECIAL SRSS1ONS—YESTERDAY. There were forty-one cases on the calendar, of which twenty-seven were for petit larceny, twelve for assault and battery, three for cruelty to antmais and one for keqping &@ disorderiy house. of the charges preferred were disposed of on the of the names of the defendants, without taking eve dence, and others, _ Motion of couasel, were ad- Journed tora future day. z COURT CALEMOAR—THIS DAY, SUPREME COURT—GENERAL TERM.—Nos. 9, 5, 6, 9 Me 12, 18, 14, 17, 18, 41, 42, 43, 44, 45,'46, 47, 8, 49, 60, Surkemas Court—CHampers.—Nos. 11; 1 144, 145, 164, 167, 168, 169, 212, 219, 220, > eae Sorsaion CountT—TRIAL. TRAM.—Part 1,—Nos, 417, tn) 4 276, 817, 617, 229, 389, 361, 367, 387, 433, COMMON PLRAS—TRIAL TERM.—Part L—Nos, 902, 1080, 912, 139%, 1259, 1349, 1950, 161, 1862, 1864, Has) AST, 658 18tdy B01, 886, 1300, ae aa,” 1300, 1810, 137%, 134%. ye eee cae? CITY INTELLIGENCE, FOUND IN THR WaTER.—Yesterday afternoon the body of an unknown man was found floating in the water near pier No. 4 North river, It was made fast and Coroner Schirmer notigied to hold am inquest. RUN OveR.—Doretta Hesfeld, of No. 26 Ohrystic street, Was yesterday prostrated and seriously i- Jured by a and horse ariven by James Walton, of No, 64 avenue, Brookiyn, whe was er- ASSOCLATION FOB TRE PREVENTION OF GAMBLING.— ‘The report of association for the month ending October 81, 1868, atates the number of pew members admitted at fifty-seven nd the number of employés a to of Wow anyone as ffequenters of gambling Lapine’ GasRsw BENEVOLENT SOCIBTY,—-Mappaer Bateman hes kindly tondered the nse of Pike’s Opera House to the Ladies’ Hebrew Benevolent Society of this city for the benefit of their relief fond, and on Saturday night mext 9 grand affair will take place, which Wil bo doubt meet & Warm response irom the public. Sr. Vincent’s Hosrirat.—A lecture is to be deli- vered at the Cooper Institute this evening by the Rev. W. H. Anderson, M. A., of the Dablin Caviolic University, for the benefit of the funds of this ingti- tution. The subject chosen is “The Young Man of Our Day”—an interesiing theme and oue to whiet full justice will be done by the accomplisied lec. turer. Tuk OLD VoLUNT#eR Firs DsParTMENt.—The Firemen’s Ball Committee of the old Volunteer Department erganized on Monday evening for their fortieth annual pati’ by the election of the following ofticers:—Jamea F. Wenman, President; John J. Westray, Secretary; Alonzo siote, Treasurer. The committee have secured the Academy of Music for the evening of January 25, and intend to make this surpass, if possible, their former AWARD or ContRacTs.—The Street Commissioner yesterday opened proposals and awarded contracts for the following:—For flagging and setting curb and gutter stones in Thirty-fiftn street, between Seventh avenue and Broadway. ‘The contract was awarded to M. Marphy al $341 60—time ten days. Flagging sidewalks in Fifty-seventh street, between First and Second avenues; awarded to Michael Boomer, at $526 60—time five days, CAVING IN OF 4 SuwER.— Yesterday morning as a four horse car, loaded with sand, was coming down ‘Third avenue, between 113th and 114th streets, where the sewer is building, the embankment suddenly ave Way, carrying rails, ties, car and horses into jue sewer, After several hours’ labor the horses and car were got out and the road repaired, The acci- dent was on the same sewer and only about two blocks from where Mr. Garrity, the ‘contractor, yes- terday lost his life by a similar accident, THE CHARTER ELECTION.—A democratic meeting was held last evening, at the corner of Second ave- nue and Filty-fiftn street, to discuss matters in re- gard to the approaching charter election. Considera- bie routine business was transacted, after which Captain Breslin offered # series of resolutions, which were passed unanimously, commendatory of the present Counsel to the Corporation, Richard C’Gor- man, and renominating that gentleman and recom- Mending bin to the ruifrages of the citizens of New York at the December election. INSPKCTION OF THBATRES.—Superiatendent of Buildings McGregor will commence an inspection of the city theatres and other places of amusement to-day, commencing with Wood’s Museum. The ob- ct of the inspection 1a to enforce the law embodied 7 Be. following extracts from chapter 939, laws of SECTION 12." ©** In all Dolldings of s pubitc character already orected, or hereafter to be bulit in sald city, ali aisles and passage ways in said buildings devoted to purp amusement shall be Kept free from camp stools, chairs, sofas and other obstructiona during any performance, service, ex- hibition, lect ball or any public a under the penalty of fifty dollars for each and every violation, Tae UNION REPUBLICAN EXECUTIVE COMMITTEE (Twenty-second street organization) met last night, pursuant to aspectial call, Tne object of their meet- ing was the call of primary elections for the charter election. ‘There was some question raised as to whether there would be any election for Mayor; but it being stated that Mayor Hoifman certainly would resign in time for an election, and it being further suggested that no harm could come of the coivention if he did not, the committee resolved to issue a call for primary meetings on the 17th inst. to select ay oreiies Assistant Aldermanic, School Com- misaioner and School Trustee Conventions to meet on the 19th, 20th, 23d and 24th inst. After approving one or two advertising billa and acting on some minor business the meeting adjourned, Toe UNION LEAGUE OLUB AND THE NATURALIZA- TION FRAUDS.—The committee of the Union League Club on naturalization frauds are holding a grand inquest in the hope of ferreting out a case to pre- seat to the courts. They are sitting con‘emporaneously with the Grand Jury in the United States Court ones Of building, Chambers street, and no doubt conceive themseives @ far more iinportant body than the soot men and true sworn to well and truly fad, C., and true presentment make, &c, Instead of a United States District Attorney to aid them with his advice in their deliberations on the matter sub- mitted to them, John A. Kennedy is in attendance to give them all the ald and comfort neceasary No good can come of these star chamber proceed- of an irresponsible and partisan body, and an presentment they may make will be received witl great suspicion by the public, Messicurs Leaguers, no leagues that will not admit of proper publicity through the press, THE FaRMERS’ Cw3.—A stated meeting of the Farmers’ Club was held yesterday afternoon at room No. 24 Cooper Institute, Mr. N.C. Ely presid- A number of communications were read from im diferent parts of the country giving h with Norway cussed their the _ report pointed to on the best method of Ploughing. decidedly in favor’ of shallow ploughing, and as the compe A of the members present were advocates of deep it Was severely criticised and finally Tecommitted to the ra. Horace Greeley spoke at considerable length on the advantages of deep ploughing, and expressed his willingness to prepare @ paper on that sul to be read at a future meet- ing. The President then read a communication from Professor Ganzee, stating that the Nommis- sioner of Agriculture had requested him to institute inquiries as to the prevalence of the lung plague, or cont: pleuropneumonija of cattle, and request- Lo Boe wd to forward information on this subject to add Agricultural Department, Washing- ton, D. C. F @ liberal distribution of pump! seed the meeting adjourned, Boarp ov CouNTY CANVaSSERS.—The Board of Having she members the special committee ay oats, oat of canvassed, ini to annul the votes and gg ened of Drotestant and to § ‘algo sald canvasser threw a juantity of ballots, at ieast -eix, beari oe of It can’ with the intent and for the like -alx votes cast over and po the number tered in said district, In the For nth district ae ee Polied for the - 18- ant were, by fraud or ike, credited by di trict canvassers to Campbell in place of 120 actually poled by him, and because only 120 votes were in same credited and ai to the ly in place of the 194 votes polled by him. In the Fourth the protestant de- mands that the votes cast for meinber of Assemb! be canvassed, The document was laid over for further considera- POLICE INTELLIGENCE. ALLEGED HIGHWAY ROBBBRY.—Mrs. Susan Mon- roe, a widow woman living at $70 West Thirty-first street, appeared before Jnatice Dodge, at the Jeffer- on Market Police Court, day, and accused Michael Mehan, alias ‘‘Poss,” of snatching from her hand, on the corner of the above street and Ninth avenues, her wallet containing a small sum of mone; and pawn tic resenting property pledged. ‘The accused ‘eniea the charge, but witnesses of this attempt at highway robbery, brought for- ward by the complain: render this denial worth- to answer in default of DEADLY ASSAULT with A Kwyirg.—On Monday night John P. Thurston, of 41 Park street, and Peter Mullen were in s Fourth ward groggery taking o drink, when Thurston advised his companion to go home in order to avoid a quarrel with @ man with whom he had previously beon in collision. This good advice so ex Mallen that he drew a sharp knife, the blade of which he plunged into ‘Thurston's neck, inflicting @ very dangerous weund. The alarm was immediately given, when officer Sweeny, of the Fourth bog) Fan up and arrested Malien with the bloody knife in his possession. The accused was yester srraigued before Justice Dowling and committed to the Tomba, INTBRESTING TO PoULTRY ConsUMERS.—Alexan- der Parker, a young man about twenty-five years of age, was yesterday brought before Justice Dowling by officer Sullivan, of the Third precinct, on a com- cruelty to animals ferred by Mr. Archi- orig Rt A of No. tat Weer Thi street. In his affidavit Mr. Campbell sets forth that the ac- cused bad on @ w' A boxes containing live tur- keys and ohick that they were packed so dlosely In the boxes that they wore nadie to move ‘abou an Mr. Camp- upon examination Hy found that four of the turkeys were dead, t bel ye lead, they been ‘The Hoboken and dress Rh 9 ave been offered the market ants fold, ‘Tho jsoner stoutly hie guilt, and said he could rove his innocence; but. thi oa the magistrate committed him for tall do- MoRB OF “COTM?” Lows Broganty Tricts.— The notoHety which “Oount”’ de Lyon, the bogus Prussian Baron, hae schieved by bis impudent hly satisfactory reporta of experiments made horoughly dis- discussed visit Salem county and repotr The report was 5 rascality in defraading the proprietors of the Pint Avenue Hotel, bas been the cause of reminding other gent.emen who have direction of similar establish- ment, that this scamp has cheated defrauded tuem in like manner, ‘The more prom nants is Mr. Charles W. Darrow, chester House, who appeared tof these dorietor of ‘Count’? up stairs from his cell by an officer, d reeogmiz by that gentleman, complained that the *Oount’? came to lus house on the 2d of this month and told a story of similar import as previously ed about his Wile, children, baggage, &c., being ev route from New Orieans, and was given @ room. flere he re- mained until bill was some seventeen dollara, When he decamped, adding insult to injury, how- ever, by borrowing from the clerk on the day he lett two dollars, While this complaint was being taken the “Count” maintained his imperious alr, occasion- ally sugvesting that “it was saameful toate titled gentleman should be annoyed by such little mat- vers." ‘Towards Mr, Darrow he seemed to feel par- ticularly sarcastic, as, after telling him in very plain terms that his house “didwt suit him at all,” he added that he “enjoyed his bow! of soup im Jatt better than tue chicken and toast he obtained at the Westchester. Count still maintains that he is an honest man and that his repucauon will not suffer by the petiy persecutions that ne is now sub- jected to. THE BROADWAY THEATRE OUTRAGE CASE. More Evidence of the Deputies—Farther Postponement. ‘The further hearing of evidence in the Broadway theatre outrage case took place yesterday before Justice Shandley at Essex Market Police Court, The only witness examined was James Ward, of 465 Third avenue, who on being sworn deposed 2s follows:— At the time of this occurrence I was special deputy sheriff; three weeks ago I left the office and went as conductor on the Broadway and Sevenii avenue ratiroad; I was appointed as special deputy sheriff by the Sheriff of thé county, James O'brien, on the 3d day of March, 1868; I had a badge (badge exhib- ited); it hus the words “special deputy sheriff, New York,” on it, and the name “James Ward” also; it te @ metallic badge, plated border and gilt Mll- ing; I got the badge about the Ist of April last; the Sherif? requires us to wear the badge whiie on duty in some visible position; on the even- ing of the occurrence it was on the left sideofmy vest collar; I was oue of the five persons who went to the Broadway theatre on the night of the 24th of August last; 1 saw the order of arrest against Daniek Hawkins immediately after we entered the theatre in the hands of Mr. Hickey; he was then showing It to the doorkeeper (exhibit A produced and identi- fled as the orcer in question); 1 met Hickey that evening near Thirty-third street and Third avenue; he told me i@ had an order of ar- rest, aud that he could not weil fulfl it alone and wouid like to have me with him; I said 1 would go; 1 told him it was @ bad place to go and that he would want more men; he sald he didn’t think it was necessary; 1 said it was a bad place to get in behind the scenes, that I would rather have some more of the men to go with us, as they might open atrap door and let us down, or thata man standing behind one of the scenes night strike us through the scene and we would be unable to tell where the blow came from; we started to go down to the theatre alone, and on the way we met Messrs. Quinn, Leary and Moore; we all took a nee end went down together; we stopped corner of Broome and Mercer and got out; went to the rear entrance of the theatre and found the door partly open; Mr. Hickey shoved himself through; it Was not wide enough to walk right through, so he had co get edgewise; I was the second; I don’t kiow in what order the others followed; they came in after me; the doorkeeper tried to stop us, bat we shoved in past him; after that he ran anead of Mr. Hickey and said, «What do you want? get out of here;” Mr. Hickey showed him his badge and said, “lam a depaty sheruf;’ Hickey had on his badge; it was under his vest collar and nk visible; the other three—Moore, Leary and Quinn—had their badges on also; the old man, when he saw the badge, said, ‘i dou’e care a d—ns you mnust get out of here, at the same time Mr. Hickey drew the order of arrest from lus pocket and showed It to nim; Hickey then shoved him aside against @ partition and went past; the rest 0: us algo passed; we went in upon the porth side of the stage towards the curtain; we saw no body there; we then walked partly across the stage, in among the scenes; some went through one entrance, some another; we then returned and went down under the stage; here I felt good deal ht ened because 16 Was a strange place to me; we 6 up again and Mr. Hickey met Mr. Jack, the actor; they exchanged a few words; I did not see, Mr. Jack take a musket off @ rack; a8 we wero towards the rear and when about the mid the stage the crowd rushed on us; 1 think it was Mr. Wilson took the lead; they had sticks sim- ilar co bedslats, and one had a bayonet; Mr. Hi sung out ‘i am a deputy sheriff and I have gotto by duty;’.then a voice exciaimed, ‘Drive the sons of h—— out;”’ they made a second charge on us; lsaw Mr. Hickey get struck,twice with a suck; then } took out my pistol and sald, “If you don't go back I'll shoot you;” I said this to the crowd before me; I fired two shots over their heads, and then cleared out of sight; we then returned to the bac! door; I was the last one; there was a second tussle; all hands were in fogeiher wrangling; shortiy after this the police came in and arrested the of deputies; Mr. Hickey was the first one taken ou! the police; we were all standing close to the door then; ar. Jack pointed to a man in his shirt sleeves, and said, “ him, too—he is drunk, and is the cause of the whole disturbance;” I was then taken out by the police and I did uot see more; this body of men looked to be about eighi or twenty; they came from between the scenes and rushed out on tie stage where we were; we were by the open stage and could see the drop curtain; these men who came out came from between the scenes on the south side of the staye; tow: the rear of the stage two scenes were shoved t er; we stood about six feet tn front; tue space of six feet by ten wide across the stage was tilled with this crowd; Mr. Hawking’ name was not mentioned as l remember at the time we were fighting across the stage; it was mentioned at the door as We came in; I could not di sh any noises in the crowd except “Go ou 6— of a b—,}” of here. you when Mr. Hickey addressed them and told them who he was they halted as ees be Moe going to until @ voice sald, “Drive the s— of bp— then they made another charge; they — the deputy not guilty of any nee: ican asl noe tae any tee rn, ram oa H no! lence on a they started at us; so far as I Could see they acted ott the whole occurrence lasied five or ten minutes; I did not see any other of onr party fire a stol; I heard other shots; I think I heard hree shots besides those [ fred; I heard them after I fired; I think they were fired at the back door; there was another shot fired while we were contending on the Atage; the pistol was in my pocket when I warned them; i gave them time to d sist before I fired it, and then I discharged it over their heads; I first knew that ison was wounded the police came in; if either of my two shots wok ef it was accidental. Q. Did you not, atthe time of firing these shota, sincerely, believe that you and your companions were in danger of futadaing great bodily harm from your assailants, this crowd of men that you bave spoken of? A. [eertainly do think we would have been hurt badly if 1 bad not fired the shots and scared them off, 4% From the time of your entering the theatre until you encountered t! men on the stage was any provocation furnished by Mr. Hickey or any of his companions to any person inside the theatre? A. Not that I know of, unless it was offensive to thein for us to Waik around through the scenes. Q. Did you make any noise, or were you guilty of any aca A. Not until we were attacked by the crowd. Q. Was the conduct of Mr. Hickey and his com- ny after they were attacked more than de- fensive? A. No, sir. Q Was Mr. Hickey’s remark, “I am & one sherif? and I have got to do my duty” said loud enough to be heard? A. I could not tell where he Was standing at the time; when Hickey made use of that remark to the assallants he spoke as loud as he could without hoilooing; it was said loud enough to be heard all over the stage in my judgment, This concluded Ward's testimony, and the further Hp 4 GA ‘the case was adjourned tl Friday next atten GOARD OF HEALTH. A meeting Of the Board.of Health was heid yee- terday. Reporta were received from the Sanitary Superin- tendent and other oficers of the Board relative to sewerage and the condition of tenement houses, Dr. Stiles, Deputy Register, reported that he had submitted the bread collected at several bakeries in different parts of the city to microscopic examina- tion and could discover no deleterious substance ta any of the samples furnished. ~ The following report of tue Registrar of Vital Sta- tistics Was read and put on fi) METROPOLITAN AnD OF HALT) Buntav or Vitan STATIATiICe, Nov. %, 1968, Tn the week that ended om Saturday, the “th \ustaat, there ‘were 896 denis ic New York and 195 in Brovkiyn. This low death-rate is associated with three weexs uf most bealibcul So light mortality has not been io aay im week ince Sanitary system, La beth eo th im eighiven in 1, U0 per aynum. Dearly every cia: tom in there cities en oyed a rwil share of the healthful advantages of the season eacept in the First and Sixth wards of Now York and the Twe: th ward As migbt ve expecter, the baciy hone wi mortality ‘ork. ‘The tity-Cour deat dizenses #o-calied is the lower number and ty ia only ti and m, explosive fot thowld roan re- Coa from ayers, p 1gnOr An ty HALATLOUN MEN nde cor fiwunbra ar ba rigidly Ing: cies, K Petroleuun that y The clroutoatauces a:'e ployment of thot ‘legs! poses are ceploracie ant Prevented by local or others