The New York Herald Newspaper, November 24, 1868, Page 4

4 ; NEW YORK CITY. 1HE COURTS. UNTLD STATES CIRCUT COUR, Return of Trne Bills by the Grand Jury—In-e dictments Found Against William Pullertony Allred A, Belknap and Others—Warrants Iasuied for he A:rest of the Parties for Cone spiracy—Lmportant Proceedings and Serious Charges. Southern District of New York, 88,—The jurors of the United States of America within and tor the dis- said, on their oath present, m Fullerton, Jacob Depuy, Alfred A. Bel- knap, Daniel C. bb dsall, Enward J.Windust, together with divers other persons, whose names are to the nown, alliate of the city, and county of in the «istrict and circuit aforesaid, here- tore, to wit, ov the 1ith day of June, m the year of our Lord 18 the eity of New York, and within the jurisdiction of this Court, did unlawfally and cormpty conspire, combine, coniederate and agree together, (o cavse and procure one Thomas B. Smith, late of the city aforesal, to be charged on the written complaint and affidavit heretnafter stated and set forth, with the violation of the provisions of an act entitied “An act to provide internal revenue to sup- port the government, to pay interest on the public debt and for other purposes, approved June 30, 1864, a8 amended by the act of March 3, 1865, and as further amended by the act of July 13, 1866, and as further amensled by the act of March 2, 1367, and to apply for, ani t» «suse and procure a warrant to be issued by acommissioner of the United States, for the arrest aud ap or hension of the sail Thomas F¥. Smith on the ciarge aforesaid; and that the said ‘Thomas B, Smith, being charged and arrested as resaid, the said Alfied A. Belknap, he, the said Alfred A. Belknap, then nud there being an officer and agent of the United States, and a person having charge of the execution, and having change of the supervision of the executon of the provisions of said act and of the several acts amending the same as aoresaid, but having ne authority by Jaw to deman, accept, attempt to collect, directly or indirectly, as payment, gift or otherwise, any som of money or other property or value for the com- promise, adjustinent or settlement of such charge and complaint, should uniawfaliy attempt to collect, and should demadd, collect, accept and receive of ani from the satd THoinas &. Smith, without being there- unto expressly auiuorived by law, @ large gum of mouey and other property of value for the compro- quise, adjustment gud set. lement of the said charge and complaint for tie alleged violations of the provisions of sad act, and of the several acts amending the saine #3 aforesaid, And the jurors moresaid do further present that in pursuance of such conspiracy. combination, confederation and agreement, and to effect tue object thereof, the said Jacob Depuy did afterward—to wit, on the lth day of June, In ths year of Our Lord 1863—in the city aforesaid, make complaint and did present his am- davit to John A, Osiorn, he the said John A. Osborn then and there being a Commissioner of the United States in and for the Soutnern District of New York, the said Joun A, Ospor: then and there having law- fui authority to take said complaint and to issue a warrant thereon, w ic) complaint and aMdavit is in ‘the words and figures following, that is to State of New 3.0°%, City and County of New York, 88.—Jacob Depuy, of the city of New York, being first duly sworn, ‘8 as follows:—I reside at No, 774 Eighth avenue; I have been in the secret service of the War Department, and still hold a commission in such service wiiiivut pay; in this position I necessa- rily acquired a good deal of information in relation to the revenue depariiments in this city; L was first @ppointed in the avove service im the month of November, in the yeur 1362, and nave so continued anil the present time, art of the time beim under pay, and since June, 1865, not uuder pay; shortly after the appointment of ‘Thowas B. Smith as Col- lector of the Etgith Internal Revenue Collection dis- trict of this btate, 1 became satisfied thas great frauds were being perpetrated in said district with the connivance vf ihomas E. Smith; on several oo- casions, at my sugrestion, Oflicers of the Metropoli- tan pollce force seized disverent lots of spirits when they were being moved in and through the city con- trary to and in violation of the provisions of the Revenue laws; I kuew that the spirits s0 seized were being removel without tle payment of the tax due on it; when the spirts was seized it was taken to Collector Smith and mmumediately releacei by him, notwithstanding { bad furnished the oifeers seizing with proof that the a #o being moved was being moved in violation the said law; awouy others oilicers whe seized spirits as I have above stated, I reovilect the names of albert oe yegicn Daniel Smith, Mr. — Van complish ‘anytaing Uy seizing the spices abote sy Beizi e spi ag above stated, I continue. to kee] ‘sockets for the move- ments in the spirit business; after I had cansed eeveral seizures to be inade, several distiliers came to me and said that they were all right with Collector Smith; that they had fixed it with him, and they woul!'not be disturoed, and held out inducements to me to take any spirits that I caused to be seized to Collector Smith and it would be discharged; one of them agreed to pay aud did pay me twenty-five dol- lars a week for hot making any complaints or caus- ing any seizures to be iuacie; | accepted this sum be- cause | had in vain done everything I could to effect seizures Aistitlers above refsrred to are Kosenberg, of No. 418 ‘West Twenty-eighth street; he was the rectifier of the establishment 1 beueve; he satd to me that he had paid and agreed to pay Collector Smith $500 ry week whic he rem Oe TY, give doliars a week if 1 would make no complaints, ud he did give me that sum weokly while running the distillery; when running they turned out fon or ba @day on which no tax was paid; Newhoase, of the frm of Kickoff & Newhouse, made similar statements to me abvut having arranged with Collector Smith, aud said that he had an illicit stil, and that smith kuew it, but would not disturb ; he offered we one dollar a barrel on all tarned out if | would not make any com- 3 Gropp, of Fleischmann & Grop irty- Street, mear Ninth avenue, came me one their distillery had been seized Sterrist, deputy collector under that he had been down to ith’s aud had arranged matters with distilie me fi E was wuling any complainis; he sald that $222 Ww ve given to me; he prom- me twenty-five doliars a week while had uot received tuat sam of §: 1 saw Gropp ge to Swita’s oillce that morni having spotted him after the seizure from t nistillery to Smith’s ofice aud back to Thirty-nii treet; the above conversation was on Thirty- ninth street; on bis retura from Smith’s; he was Tach excived at the time; Gropp & Fieisohmann’s distillery was not unler seizure at thistime more than two hours or 6; Mike, the man who did the outside business of the distillery No 9 Abattoir money to Keep ulm quiv; Ihave heard the same thing from several otuers having distilleries in the istrict; it ts pre.ty gemerally understood in the dis- trict among the distuie:s tuat the moneys from the distilleries went to smith instead of for the pay- ment of taxes; on tue ist day of May, 1807, 1 followed a barres of spirits from Woolsey’s bonded warehouse in Thirty-seventh N68@ fe removed ostensibly for ship- ; Wey were taken to Wil burg tuere taken out, and | saw water running through tue huse; tie same barrels came back to Wooisey’s buuded warehvuse; | saw and counted twenty-seven puucheona in which the spirits had been put; | niarsed two of these pancheons by driving a copper tack La the head or end of the bung Save, aud i saw Lhé Bae LWo Puncueons ok in ‘the city, Ina piace ia ‘ienth avenue; Matthew Mo- Connell, the odicer on tue beat, went into the bond- ed warehouse anu found water in some of the barrels removed aud revurued; Kickoi & Newhouse's distil. tery in Tuirty-sixtu s.reet, between Ninth aud Tenth avenues, was seized by or turned over to Collector Sinith; the head of the s.ili was broken off and put in She Collector's oMce; notwitisianding this, and While the distillery was in charge of Smith's keeper's, the still Was being rus principaliy at night, aud aur’ ing this same period, Whue tue sul head was at Smith's, they were payiag, as tiey told me, to Suith Lhe $1 barrel which they pi ; Lam qui well acquainted with the men in Collector Smiiu's disimes who are or hi ‘been engaged in disiiling and rectifying, and hi ——, talked with mostof them in relation to oil tr Siuith’s mauayewent of his district, It is ® notorious fact among persons who are familiar with this business, tue business of the #aid Col. Jector's Oilice so Lar as it relates to distilling and reo- tifying, and coliection o. revenue on account thereof has been fraudulently conducted, and that Collector Smith has reaped a harvest from lus office, All the facts above referred to occurred within two years last or within @ year from last May. 1 ee cone Lo6s, JACOB DEPUY. 3 Leg OY sworn to before me this 1ith day june, . JOHN A. OSBORN, United States Commissioner. And in further pursuance of said conspiracy and agreement, and to effect the object thereof, the said Wiitiem Falierton did then aud there, on said com- Piaint and aMdayit, apply for and obtain a warrant ‘under the hand and Seal of the said Jonn A. for the arrest of aid Thomas BE. Smith, whica Warrant is in the words and figures following:—“The President of the United states of America to the Marshal of the United States for the Southera Dis trict of New York, and to his deputies, or any or ether of them: ‘hereas complaint on oath hath ‘een made to me charging that Thomas B. Smith, ‘ ollector of United states internal Revenue for the ry PS Voliechion district of the State of New York, did, at divers times, at the Southern district of New Lork, within one year from the lst day Of May inst past, Knowingly and corruptiy accept OF reecive va- vious sums Of money as brives from a t ayn ‘OF per- sons Damed tn the complains contrary to and in vio- Jation of the sixty-secoad section of se United States Rte oA a passed June 20, 1364, amd acts ry th 4 Now, therefore, you are hereby ‘of the com: in the @eme ol President of the United of a to hend the said Thomas K. smiph ae his body forthwith bef ger Or justice of the United Staten or United , OF ®& justice of the peace or (@rhor magistrate of the Dtate Of New York, waerever NEW YORK HERALD, TUESDAY, NOVEMBER 24, 1963—TRIPLE SHEET. he may be found, that he may then and there be dealt with secording to law for the said ofeuce. Given uuder my band and seal this 12th day of June, in the year of our Lord 1263, JUEN A. OSBORN, United Staves Commissioner for the Southern District of New York. 1qSaMURL G, Countnay, United States District At hey. {hat afterward and on the 12th day of June, in the year of our Lord 1568, in pursaance of said conspi- acy and to effect the object thereol, the said Edward J. Windust, representing himself faisely to be a de- puty marshal of the United Sta.es in and for sald Soutuern district of New York, arresied said ‘Tho- mas E, Smith on sald warrant, aud afterward and Ou the 12th day of June, im tke year of our Lord 196%, at the city of New York, in further pursu- ance of sald conspiracy and to effect the ob- ject thereof, the sali Alfred A. Belknap, he, the said Aured A, Beiknap, then and thee such oficer, agent and person as aforesaid, did un- lawfully demand, accept and attemps to collect, and did collect and receive of and from ssid Thomas BE, Smith $10,000 in money and other property ot great vaiue sor Somuruenite, 4 aioe = settle- ment of such charge and complaint for 0 alleged violation of the provisions of the said act and of several acts amending the same, as aforesaid, against the peace of the United States and their dignity and against the form of the statuie of the United States in such case made and provided. SECOND . And the jnrors aforesaid their oaths afore- said, do further present that Thomas E. Smith having been eharged with the violation of the pro- visions of the act [the act is here quoted govern! the case}, and @ warrant for the arreat of the sai Thomas E, Smith having been issued on the 12th day of June, 1368, by J A. Osborn, he, the said John A, Osborn, then and there being a United State Commissioner in and for the Southern District. of New York, and duly authorized by law to take said compass aud to is- sue attol: ying raid William Fullerton, Jacob pepyy, Alfred A. Belknap, Daniel C. Birdsall, Edward J. Windust, together with divers other per- sons Whose names are to the jurors unknown, late of the city and county of New York, in the district and circuit aforesaia heretofore, to wit:—On the 1th day of June, inthe year of our Lord 1863, at the city of New York and within the jurisdiction of this court, unlawfully and corruptly did bine, confederate and agree toget Alfred A, Belknap, he, the said Alfred~A. Belknap, then being an officer and agent of the United Siates and @ person cuareed with the execution and with the supervision of the execution of the provisions cf said act, and of the several acts amending the same as aforesaid, but having no authority to de- mand, aceept, or to attempt to collect directly or in- dectly, as payment, or gift, or otberwise, any sum of money or other property of value, for the com- promise, adjustment or settlement of charge or complaint for violation or alleged Violation of any of the provisions of said act, or apy of the ucts amending the same as aforesaid, should unlawi and corruptly demand, accept and aisemp: to col- lect of and from said Thomas KE. Smith, as pay- ment, $10,000 in money and a lai amount of other property of value, in settlement, adjustinent and compromise of the said charge and complaint for the alleged violation of the provisions of said act and of the several acts amending the same as afore- said, then made and pending inst the said ‘Thoroas E. Smith as aforesaid, he, the sald Alfred A. Belknap, then and there having no authority in law to demand, accept, or to attempt to collect the same as payment, gift or otherwiso, the jurors do iurther present that, im pursuance of such conspiracy, combination, confederacy, ana agreement, and to eifect the object thereof, sald Alired A. Belknap, afterward, and on the 12th day of June, in the year of our Lord 1868, at the city of New York, did demand, accept and attempt to collect of him, the said Thomas KE. Smith, the sum of $10,000 in money and other property of value, for ihe compromise, adjustment and settlement of - said charge and complaint, for the alleged violations of the provistons of said act and of the acts amend- ing the saine, a3 aforesaid. against the peace of the said United States and their dignity, and against the form of the statute of the said United States m such case made and provided. THIKD COUNT. And the jurors aforesaid, upon their oath afore- said, do further present that on the 11th day of June, in the year of our Lord 1868, said Jacob Dupuy did make complaint and affidavit in writing, before John AY Osborn, a Commissioner of the United States Circuit Court, im and for the southern district of New York, the said John A, Osborn then, and hav- ing law! thority to @ such complaints, in which amiddvis the jant charg: Thomas Smith with the violation of the pro- visions of the act enitled “An act to provide internal revenue, to support the govern meni an to pay interest on the public debi,’ ap- proved June 30, 1864, and as im first counts in this that said Thomas E, Smith had tberetofore, in viola- tiou of the provisions of said act and of the several acta amending the same as aforesaid, unlawfuily and corruptly conspired with one Gropp and one Etckhom, Newhouse and others, to defraud ‘he United States of the tax due on distilled spirits, and did at divers times from May, 1807, to May, 1868, while Collector of Internal Revenue {n and for the Eighth Collection district of the State of New York, ay, and corruptly aceopt and receive various sums of money as bribes from a person and persous named.in the said com- plaint and aMdavit, and in violation of the sixty- second section of the United States Revenue law: approved June 50, 1864, and acts amendatory thereof. ‘That the said Jon A. Osborn did thereupon issue hia warrant, datod the 12th day of June, 1563, under his hand and sea}, fo- the arrest of the sald Thomas E. Sinith, the said John A. Osborn then and there baving lawful authority to issue said warrants, and the jurors do further present that Wiliam Fallerton, Jacob Dep, Aifred A. Belinap, Daulel C, Birdsall, Edward J. Windust, bes a8 with divers other per- sons whose names are to the jurors unkaown, late of the city and county of New York, in the district and circuit aforesaid, heretofore, to wit, ou the 12th 4 of June, in the year of our Lord 1) at she city of New York and within the jurisdiction of this court, did corruptly and unlawfully conspire, combine, con- federaie together, corruptly and by threata and force to obstruct and impede, and to endeavor to obstract and impede the due administration of Justice in the matter of the said co made be- fore said Commissioner aa aforesaid, and then and there pending against the satd Thomes B. Smith, be- fore the said Commissioner tn the United States Ciroult Court in and for the Southera district of New York: and in pursuance of such conspiracy, com bination, confederacy and agreemont, and to emoos the oe thereof, the sald William Fullerton, Alfred A. Belknap, Jacob Depuy and Bdward J. Windass, did conceal and keep from the Attol for the United States in and for said Southern district of New York the fact that complaint had been made and @ warrant issucd against the said Thomas K. Smith, and then and there prevented the said Attor- ney being informed thereof; and they, the said William Fullerton, Alfred A. Jacob Depuy and Edward J. Windust di obtain said warrant from eaid Jobn A. Osborn, and did keep the same from the possession or knowledge of the United States Marshalin and for said Southern dutrict of New York, and did advise, persuade and induce said Thomas E. Smitn to run away and de- part from the State of New York, and go to Canada and out of the jurisiiction of the United States Cir- cult Court im and for the Southern district of New York, and out of the jurtaliction of said Cominis- sioner, and, in consideration of the sum of $10,000, and other property of value to them paid and deliv- ered by said Thomas Ff. Smith, did promise to and agree with said Thomas FE. Smith to take care of said Thomas E. Smith, and to protect him from the prosecution of said charge and alleged violations of the jaws aforesaid, agaiust the peace of the said United States and their dignity, and against the forin Of the statute of the sald United States in such case made and provided. FOURTH COUNT, And the Jurors aforesaid, upon thelr oath afore- said, do further present that said Alfred A, Belkuap, being an oMcer of the United States, and hoiding a place of trust bee rh and discha an official function under and in connection wit! e Treasury Departinent of the United States, and being charged @ such oMicer with the investigation of com- piaints made against persons for violations of we provisions of aa act entitied, “Ap act. to provide iniernal revenue to sup port the government, to pay interest on the public debt and for other purpotes;” approved Jane , 184. And compiaint having beon made against one Thomas E. Smith, late Coilector of inter- nai Revenue for the Eightn collection district of the State of New York, eharginy tuat said Thomas k, ‘Sinith had conapired with other persons to commit an offence againas the laws of the United States, and for having a such Ooliector accepted and bribes from various persons in viola tion of the provisions of the sixty-second section of said uct of July 13, 1506; and the said Alfred A. Belknap having undertaken.ia yarsuance of his duty aa such officer, the investiga- into the truta of auch fare aud complaints; and It being the duty of said Alfred A, Belknap, in case the charges and complaiuts should well founded, and is shoukt be ascertaindd that said Thomas i. Simuh had been gulity of violations of the provisions of said act, to cause him to be prow ecuted therefor, the said Alfred A. Belknap, Willam Fullerton, Jacob Depuy, Daniel C. Birdsall, Edward J. Windust, iogether with divers ‘of other persons whose names are Wo the jurors unknown, late of the city and count; of } York, in the district and circuit aforesaid, heretofore, to wit: on the lith yf of June, im the Year of our Lord 1968, at the city of New York, and within the Jurisdiction of this Court, did corruptl: Sn’ uniawfuily conspire, combine, confederate Agree together to cause aud procure the said Thomas B. Stuitu to promise, offer and giv: money, to wit, the sam of $10, rove to be Said Alfred A. Belknap, then and there olficer as aforesaid, and bein; Saged in the investigation Diaint against the said Thomas B. Smi be then and there en- the cl and cow. as afore other pro erty of vaiue, to the said Alfred A. el N he, the ving auch the said alfred Th at Eat tate an? a vefore him, the sade Alfred conspiracy, Ment, and to effect the ob; Thomas &. Smithy attorwatd and of June, in the year of our Lord of New York, did pay to said Alfred A. Belkn: the said Alfred A. Belknap, then such ofMficer, and holding protit as aforesaid, Fut puuttoat to influence his de- pacity as aforesaid, the sum of $10,000, and other property of vaue, wao did then and there accept and receive the same with the intent and for the purpose aforesail, against the peace of the suid usted States and pne.r dij ty just the form Of the statute of sald’ Cn tate buch case made and provided. count, And the jurors aforesaid, upon thelr oaths afore- said, do further present that William Fullerton, Jacob Depuy, Alfred A. Bel Daniel C. Birdsall, Extward J, Windust, ther with divers other per- #ons Whose names are to the jurors unknown, late of the city and county of New York, in the district and circuit aforesaid, heretofore, to wit, on the 11th day of June, in the year of our Lord 1808, at the city of New York, and within the jurisdiction of this rt, did unlawfully and corro} conspire, combine, confederate and agree ther to commit QD Ofence against the laws of the United States, tat is to a. that one Thos, C, Smith should promise, offer give a large sum of money, to wit, $10,000, and other property of value, as a bribe, present and reward to one Alfred A, Bel. he, the seid Alfred A. Beiknap, then and there an ofticer of the United States, holding ®, piace of profit and trust, and Ascharaing an offi function under and in connection with the Treasury Department of the government of the United States, with intent to in- fluence his decision gud action on a certain com- plaint, matter, cause ‘and which was then Pending before said Alired A, ‘As such orlt- in his official capacity Inst the said ‘Thomas E, Smith for an violation of an act entitied “An act to pro’ internal revenue to support the government, to pay interest on the pub- lic debt and for other pui ” approved June 30, amended by the act of 3, 1855, and as further amended by the act of July 13, 1360, aud as further amended by the act of Marsh % 1867. And that the said Alfred A. Belknap should then and there accept and receive the same with the intent snd for the purpose aforesaid; that in pursuance of said conspiracy and Serosmanh and to effect the ob- Ject thereof, the said Thomas Smith, afterward, to Ba on the 12th day of June, in the year of our Lord, 1868, at the sald city of New York, did promise, offer and give, and did cause and procure w be o , promised and given to said Alfred A. Belknap, he, the sald Alired A, Belknap, then and there being such officer as af and holding a jiace of trust and profit and discharging au ollicial inctiom under and in connection with tue ‘irea- sury Department of the government of the United States, with intent to influence his, the said Alfred A. Belkpap’s, decision and action on the question, matter, cause and thing then peading be- fore him in his officiag capacity in his place of trust and proiit the sum of $10,000 in money aad other pro- perty of value, And the said Alfred A. Belknap did hen and there accept and receive the sawe with the intent and for the purpose aforesaid. against the peace of the said United States and their dignity, and agalust the form of the statute of the said United States in such case made and provided. SIXTH COUNT. And the jurora aforesaid, upon their oath afore- sald, do further present that William Fullerton, Jacob Lepuy, Alfred A. Beiknap, Dautel ©. Birdsati, Edward J, Windust and divers other persons whose names are to the jurors unknown, late of the cit and county of New York, in the district and circuit aforesaid, heretofore, to wit, on the lith day of June, in the year of our Lord 1868, at the city of New York, and within the jurisdiction of this court, did unlawfully, knowingly and wilfully combine, conspire, confederate and agree together and suoug themselves to commit a ceriaia other offence against the laws of the United States, to wit: to cause and procure to be given by said Thomas EB, Smith cer tain money, to wit, the suin of $10,000, and certain other property of value, to one Alfred A, Belknap, he, the said Alfred A. Betknap, being then and there @ person holding @ certain place of trast and profit and discharging 4 certam official function, under and in connection with the Treasury Department of the government of the United States, to wit, being then and there a special agent of the Treasury Depart ment, duly appointed by the Secretary of the ‘ireas- ury, then and there after the pussage of the act of Congress approved July 14, i666, entitled ‘An act to reduce iaternal taxation, and to amend an act en- titled an act to provide internal revenuo to support the government, to pay interest ou the public debt, and for otaer purposcs,”? approved June 80, 1804, as amended by tho act of March 3,’ 1806, and as furcher amended by the uct of Jnly 13, 166, and as further amended by the act of March 2, 1867, thom and there with intent to tufuence the action of him, the said Alfred A. Belknap, on a certain matier which was then pouding before him, tie said Alfred A. Belknap, in his place of trust and profit as afore. said, to wil, the examinasion and investigation by him, the said Alfred A. Belknap, then und there holding such place of trust and provit as aforesaid and discharging such oficial function as aforesaid into certain offences alleged to have beea committed aguinst the Revenue laws of the United States by lun, the sald Thomas E. Smith, and that afterward, agen on the 12th day of June, in the year 1863, he, tae sald Daniel C. Birdsali, Lo eifecs an object, and in pursuance of the couspiracy, did receive from the said Thomas FE. Smith the said sum of $10,000, und sald otuer property of value, then and there against the peace of said United States and their dignity, aad against the form of the siatuie of the said United States in such caso made and pro- vided, SEVENTH OOUNT. And the jurors aforesaid, upon their oath afore- said, do further present that Willlam Fullerton, Jacob Depuy, Alfred A. Belknap, Danicl C. Birdsall, Kdwerd J. Windust and divers other persons to the jurors unknown, all late of the city and county of New York, in the district and circuit afore- said, heretofoi w wit, on the Lith of June, mm the year of our Lord 1868, at the South- ern district of Now York, and wishin the jurisdiction of this court, did knowingly aud wilfally combine, conspire, confederate and agree together to commis a oertain offence jas the laws of the United States, to wit, to ve certain money, to wis, the aum of $10,008, and certain other persy of value, from sald as BK. Sinish, thea And there, a4 a eration for nos informing agains’ certain Violations of the aot of Congress entitled ‘an act to provide internal reveaue to ar port the government, to pay interess on the pubiic debt and for otner purposea,”’ eparored. Jane 4 1364, aa amended by the act of 3 1866, anc as further amended by the act of July 13, 1864, al- leged to have been committed by him, the said ‘Thomas BR, Sulith; and that he, the said ‘Daniel O. Birdsall, did afterwards—to wit, in the year of Our Lord 1883—to effeos the and in pursuance of the gald consplracy, receive the said sum of £10,000 and the other proj of value aforesaid from lim, the said Thomas E. ee bes gm Te the said United States and nity, agalnst the form of the statute of tue said United States in such case made and provided. BIGHTH COUNT. And the jarors afo on thelr oath do further present that William Fullerton, Jacob 1 puy, Ai: A. Belknap, Daniel O Bh J Windust, and divers other persons to unknown, all late of the city and county York, in the district and circuit aforesaid, to wit:—on the Lith day Lord 1868, at the Soutiorn District of N within the jurisdiction of thig court, did knowlngiy and wilfully combine, conspire, confederate and New agree together to commit @ certain offence ‘the laws of the United States—-to wit, to receive car- tain money, to wit, the sui of $10, and certain otuer property of value, from one Thomas K. Smish, then and there, under # threat of informing against certain violations of the *act of O ensitied, “An act to provide internal revenue to pore the government, to pay interes on the pubile debs, and jor other purpoie,” , June 30, 1864 as awended by tho act of March 3, 1396, and as further amended by the act of July 14, 1966, alleged to have been committed by him. ine sald Thomas B. Smith, and that ke, the said Daniel OC, Birdsall, did altar. ward, to wit, on the 12th day of June, in the year of our Lord 1368, to effect the ebject and in pursuance of the sufi conspiracy, receive the sum of $10,000 and the other property of valae af , against the from him, the said Thomas B. Sri peace of the sald United States a nd thetr dignity, and against ‘he form of the statute of the said United Siates, in such cases made aud provided, DINTH COUNT. And the jrrors aforesaid, upon thetr oath afore- said, do further peosout, that complaias haying been made and being ten iawfally pending before Jonna A. Osborn, he, the suid Jobn A. Os thea and there being « Coiamissioger duly appointed by the Cireult Court of the United States for the Sousern District of New York, in the Second Cireult, agains. @aid Thomas E. Smith, iate Voliector of Internat Revenue for the Eight Collection District of the rsons to commis aa offence 4 with hav- conspired with other Seed said, at Southern Di % of Nev my writhia the jurisdiction of this Court, heretofore, to wit, on the 11th day of June, in the year of our Lord 1868, did Knowingly and wiilit conspire, combin confederate aud together to obtain of an: from said Thomas K. Smith a large sum of money, to wit, $10,000 and other property of value, fand ass consideration under @ threat of H ‘that, rgnance of sald con i iiect the "ob hereof, alterward, on th 10,000, afo “inet! and » ust the peace of the United States and bth , and against tne form of the statate of United States in soch cane made sed pro- SAMUEL G, COURTNBY, United States Attorney. UNITED STATES DISTRICT COURT. The Alleged Whiskey Ring Fraads. Before Judge Biatchford. At the opening of the court yesterday morning United States District Attorney Courtney Informed the court that he had received instructions from Attorney General Bvarts. from Waahiagton, tastruct- State of New York, for having theretofore and sub- seqnpnt to the 2d day of March, 1867, unlawfully Im this case, the report of the referee having been ns ‘This court recetved an additional batch of indict- Db ing bim to bring the Bourbon Company (Messmore and others), the Blaisdell & Eckel and other whiskey cases, covering about thirty indictments, te trial as goon as possibie, Judge Blatchford said some dedinite time had bet- ter be agreed upon forthwith, Mr. Courtney said he was anxious to have the cases tricd a8 early as possible. He wanted no delay; (he government was and he the defence woul be ready as soon as ‘The counsel for defendants in Bourbon whis- key case, in which there are five tadictments consvli- dated, said they. would do the best in their power to met ready at an early day. Mr. Courtney Shouse ees defence should be ready to proceed §aimost jiavely, as they had had abundance of ume to prepare, Judge Llatcuford said that from the number of other cases pending 1 would be impracticable to commence these cases before tie early partof De- cember, but they ought to go on then, Mr. Courtney wanted them set down for the first day of the December term, udge Blatchford then set them down for the 7th of December, and, in response to the counsel in the Bourbon whiskey, case, he said all the defendants must be ready to'be tried together, Mr. Jobn ‘Jeagwick, counsel for Frost, one of the defendants, wished to have an opportunity in the meantime to argue in favor of @ motion for @ sepa- rate trial for Frost, Ex-Recorder Smith, counsel for another of the oeenieee, also desired a similar privilege for his client. Judge Blatchford granted both pprllcations, yr argument will ensue in a few days. Counsel cases then lett the court room, The Alleged Tradesmen’s Bank Defalcation. Before Judge Blatchford, The United States va, Garver C, Baker.—The de fendant in this case was charged, about a year back, with having misappropriated certain moneys belong- ing to the Tradesmen’s National Bank in this city. John Arnold was also at the game time indicted for a similar offence, one at the time being tlie receiving teller and the other, the present defendant, paying teller of the bank. The case wasvery fully gone into in an examination before Commissioner Osborn, the cliarge against Baker being yesterday for the first time given to a jury. Mr. Beil, Assistant United States District Attorney, opened the case for the prosecution. Richara barry, President of the Tradesmen’s Bank, was the rst witness examined:—Knew the defend- ant for twenty-ilve years; he was pay ier of the bank up to August 14, 1807, wie harge againgt the defendant was first instituted; the prose- cuuion put in evidence certified copy of the act of incorporation of tue Tradesmen’s National Bank, filed March 7, 1865; defendant was oustodian of tue cash of the bank and agent for paying out all cash. Look at these two papers Sud state what they are. A. These are two account silps, in duplicate of day charges, between we Tradesmen’s National Bank and the First National Bank of Brookiyn; we keep @ credit and debit account with that bank. (Papers marked A and B handed to the witness.) ‘The footings of figures are in the haadwriting of tie defendant. , (Vaper handed to witness.) The writing here ia in the handwriting of defendant and was defendant's acoBuut with the second teiler. marked E and F handed to witness.) These papers parport to be duplicat of checks received on account of tie First National Bank of Brookiyn; the aggregates are in the Landwrit- ing of tho defendant; on the 17th June, 1507, there was an exaiuination nto the accounts of the lirst teller; the minutes of the caster will show what was done; & committee of five directors examined the first teller’s (defcndant’s) cash to 860 if his ac- count corresponded with the books of the bank. The entry of August 14, 1867, is In the handwrit- ing of the defendant; the amount set forth as the cash in the bank in lis hands 19 $733,085 81; counted the cash in the bank's vaults on the 16th August and found it only $500,000; counted it with tue cashier; tho defendans was present when it was counted; had a conversation with defeudant and asked him if there was any wroug in his cash and he inade no reply; asked him if he was shor: $10,000; he made no rely asked him if he was short $50,000 and he replied that he wished he was dead. Anthony Halsey was cashwr of ‘Tradesmen's National Bank in July aud August, 1867, (Slip of paper produced witness found.in one of defendant's drawers in the bank.) On Auguss 16 assiated Mr. Berry (previous witness) im counting defendant's cash; all the cash was brought into the room from the vaults by the perter aud myself. Witness then corroborated the testimony of the President of the bank, Mr. Berry, the previous wit- ness, as to the discrepancy in the amount of cash as represented in deieudant’s cash book and the amount found in the vault of the bank. ‘The farther hearing of the dase is adjourned till Wednesday morning. WAITED STATES DISTRICT COURT—IM BANKRUPTCY. Before Judge Blatchford, In tha Matter af Myron Rosenverg, a Banlerupt.— As the debt in this case is a probable debt, the Court ruled that the stay of proceedings in the case was proper and tho mution tv vavate ihe stay is denied. COUNT OF OYE AND TEAMINZR. Important Charge From Judge Barnard—The Party Preas Arraigned—Steck Operators De- moanced. At the opening of the court Judge Barnard ad- dressed the Grand Jury tn the following terms-— GHNTLEMEN OF THR Grand JuRY—I deem it not inappropriate aé the prescnt time to call your atten- jon w three or four subjects that, in ay judgment, sue Grand Jury should look into. First, in rd to glloged frands a elections; second, in al corrupuons of the judiclary hore; third, to action of certain ne ers in New York in écuting daily and hourly libels. I had intended, Peuleenen, et the commencement of this term, to have gone over many of those subjects more fully than [can now; but [ am led to-day not to delay i any longer in consequence of the amnoy- ance IT am subjected to by newspapers and letter writers, not borne out, of ail sorts of villifications and abuses for offences of whioh I certainly know notuing, and see if the writers of some of these arti- clea cannot be nade to come before you and sub- stantiate some among the many of the different alle- gations that they have made against the Judge that how addresses you. In to-day’s Tribune and to- day's Ties, along with articies in the Jersey aud olsewhere, are charges of the most atrocious character made against corruptions in interfering with the dutios of electors and charging the Judge with being in a Combination in Wali street, Now, it is unnecessary for me to say to you thas he never Retiiy ead an ‘forte Meegeters of $6,000,000 ry and aa 0 fortune whieh one of the papers charges him ‘with being oa of, he has nos now, uor did he ever have, slonging to him, separate from his wife, a single Goilar's wort of property, and = y depend. hope you, @ Grand Jurors, whose dat jook fnto, 80 that if you find them to ual, or even a suspicion that they are true, that yon will give the Judge a chance to resign. For tafamy meana one thiog, and i ought to be ferreted out, and if & mau or & newspaper editor Wu ait down deliberately snd make @ charge with- out any proof, let us see whether the aud terror of the inw will nos stop this thing in future. For eleven yoars this Judge has subinitted to it without any potios, and now, havi arrived at a pertod ot fe when his uasefuln is impaired by such chal he deems it his duty and yours, genilemen, to look tuto the matter whenever you have leisure, @ combination of thieves, scoun- , Who lave infested Wail strect and broad street for years and now quarreling go | themseives, sliati be permitted to turn around an pavor to hide their own ivacks by abuse aud vil- ation of ine Judge. Vhe Grand Jury then retired. COURT OF COMMON PLEAS—SPECIAL TERM. The Stayvesant Divorce Case. Before Judge Daly. Theofore Stuyvesang vs, Catherinay. Stuyvesant.— filed, finding a verdict tn favor of the defendant, a motion was made by plaintiffs counsel to set aside the report, upoa the groand that such report had not peen flied within the time required by law. Counsel for the defendant also moved to confirm the of the referee and enter judgment for the defendant opon all the issues. ‘The two motions were together, and the Court denied the motion the piainui, and ap- Puicent ‘upon iso evidence, ait, ordered she re it upon tl o1 feree 40 le such evidence in due time for such Bawta James and G. Shea for the defendant; Messrs, Towlinson and Phillips for the plaintud, feree to beart COURT OF GENERAL SESSIONS. Before Judge Russel. Pickpeekets Sent to Sing Sing Prises—Plens of Forgery. ments from the Oyer and Terminer Grand Jury, upon which the accused parties were arraigned, and, Pleading not guilty, they were directed to be ready for trial on Tuesday. Manuel Wertha and Ignacio Balfe were tried and convicted of larceny from the person, they having Picked the pocket of Jacob M. Shorter, a resident of New Jersey, stealing ® gold watoh valued at $200, The sonapletttng to beat te, Tet office on cleo ton night time he was srg MS G. Con pn otk fof gdh ith pay iuend of @ bit die the provrie- Y tors of the Fifth A: m™ » gery in the font a mmed lotel, pleaded guilty to for. iijain Van W inst whom were other complaints, p! yoo ny forgery in the fourth ree. The nt charged that on the 16th of September he re ted to Hi Mitchell that he was Mr. Wim. H. Lee, and collara, giving a8 collateral security a forged ea. Natioual Bank, prisoners were remanded for sentence, COURT CALENDAR—THIS ‘DAY. Sorreve CoURT—GeNERAL TERM.—NOS. 169, 170, 171, 172, 173, 175, 176, 1 181, i a a 7 tn ts oa , 182, 183, 16334, 19 eon ass, 1458, ave Taso 1avo" 140, 1a0v, , 1 rr 1501, 1507, 1509, 1615,'1517, ato, 15a, tae . SUPREME COURT—SPBCIAL TERM.—Nos, 83, 205, by ag a Term—Part 1.—Nos, 192, 193, 194, 109, 63, icy CITY INTELLIGENCE. Tus WEATHER YRSTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours as indicated by the ther- mometer at Hudnut’s pharmacy, 218 Broadway, Haran Building:— 3 A.M SP. M.... ar 6 A.M 6P. M. 43 9a. M 30 OP. Mt + 40 +4 PM + 39 Average temperature...... Average temperature Sunday REVigW OF THR Fine DaParTMEntT.—Mayor Hoff- man will review the Second brigade of the Metro- litan Fire Department to-morrow Naréndon Hotel. ene THE BOARD OF ALDERMEN convened yesterday afternoon pursuant to adjournment, but there not being a quorum present adjourned without transact- ing any business until Saturday next at two P. M. Tae Morausz.—The body of an unknown man was received at the Morgue yesterday from Bellevue Hospital, The deceased was about fifty years of age, had gray hair, was clothed in black cloth pants, blue cloth frock’ coat, blue hickory shirt, black slik vest aud brogans. The body awaits identification. Suppsn Deatns.—Henry Lehn died suddenly yes- terday at No. 153 East Fourth street, from unknown causes. James O’Brien also died suddenly at No. 46 Watts street, and the imfant child of Bridget Hede- gan died suddenly at her residence, No, 106 Cherry street, rear. The Coroners made ail due investiga- tion, when the deaths were found to have reauited from natural cf@uses, Soupisna’ RELIEF ON THANKSGIVING Day.—The patrons of the Soldiers’ Relief Agency, headed by Jay Cooke & Co. and other patriotic firms, have de- cided to distribute a substantial relief among our disabled veterans and widcws and orphans of the War upon the occasion of the next Thanksgiving Day. Une turkey will be given to each applicant for relief on Thursday morning, the 26th inst., from ven to tweive, at 139 Canal sireet, on presentation of pension papers. ANNUAL INSPBCTION OF THE POLICR.—The annual imspection of the police of this city commenced yesterday in Tompkins square. The second (of) platoons of the following commands were present:— First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, Four- teenth, Fifteenth, Sixteenth, Seventeenth, Eigh- teonth, Nineteenth, Twentieth, Twenty-tirst, Twen- ty-second, Twenty-seventh, ‘Iwenty-eighth and Twen- ty-ninth precincts, Tue men presented ® very mar- tial appearance, They were inspected by Captain Copeland, the drill oificerof the force. SOIRBB OF THY COOPER'S ASSOCIATION.—The sev- enth annual soirée of the United Cooper’s Associa- tion, No. 2, was held last night at Irving Hall. There were upwards of 260 couples on the floor, who en- Joyed themselves excessively. The hall was deco- rated with flags, among which the banner of the association Was conspicuous. Waliace’s band sup- lied the musio, The floor manager was Mr. Edward vaisn, Prosident of the association, The arrange ments of the committee of management appeared to be excellent, and the soirée was entirely succeas- Shortly after midnight the company sat down to an excelient supper, which having been disposed of ame was resumed with spirit aid maintained until an advanced hour in the morning. ACOCIDENTS.—Yesterday morning Michael Fitzpat rick, living at No. 318 First avenue, while working at No, 27 Rose street, fell of an embankment and dislocated his hip. He was taken to Belleyue Hos pital. Shi after eleven o'clock yesterday George Wise, aged forty-four years, residing at No, 278 West Thirty-eighth street, bad bis leg cut off by car No. 13 of the Eighth avenue line, passing over it on the corner of Eighth avenue and Twenty-sixth street. ‘The unfortunate viotim was taken to Mount Sinai Hospital, At one o'clock yest afternoon @ boy named No. 121 Lewis street, was Isaac Sidmore, living at thrown from a truck which he was driving ‘and sus- tained very serions injuries by the wheels passing over him, The wounded boy was taken to Bellevue Hospital. POLICE INTELLIGENCE. ALLEGED FALSS PRETENCBS.—During the months of July and August last one James G. Platt, it is al- leged, victimized by false representations certain up town dry goods merchants and private citizens, ope- rating a3 an agent empowered to pay bills and effect fire and life insurances. Two of these parties at that timo called at the soiferson Market Police Court and preferred complaints against Plats, when a war- rans was issued for his arrest, but he has kept him- when 18 appears in the first cage that Platt on the 10th of Rp Fino upon Frank B. Phillips, No. 2a Weat th street, and representing himself as am agens of the North American Fire Insurance Com- pany, said he was authorized to take risks upon per- and for the sum of twenty-lve ingure all his household : hand him the fa, in a day or two. Believing this state! illips handed Platt the money, but that im, and subsequently she former uy the president of insurance had never beén an agent in fact he was a swindler. The second 14th of At E rep of a gentieman’s then oth et _ of them, amounting to fifty-five dollars and nineteen cents, for which he tendered them check for $100 on the Chatham National Bank, drawn by one C. Baxter, and that the receipted bill ‘and doliars and eighty-one cents ta national ban! token, and Mr. Baxter had no account in that bank, was accepted in the sum of $300 in each case, Geo. J. Tyson signing the necessary bonds for the accused's appearauce at the Court of Geucrat Sessions to answi A WALL STREET OPERATION. A Firm Victimized to the Tane of $15,000. Some little excitement was occasioned in certain Wall street circies yesteraay by the operations of a young man who had been, up toa few days ago, member of a frm which carried on a brokerage busl- ness under the name of Temple & Marsh. This firm, the two members of which were very young men, had been known “on the street’? for over a year. They had their office on the corner of New and Wall streets, and, having always had a good deposit in the Bank of the Commonwealth to their credit, their checks were readily honored by several Orms with whom they nad business transactions. For some reason best known to the firm the partnership was dissolved last Friday, but the fact had not become generally known even up to yesterday. One of the houses with which Temple @ Marsh bad often dealt waa that of Helssner’s Sons, No. 38 Wall street, and being aware, probably, ‘that this frm was ignorant of the dissolution of the ey Mr. Marsh called yesterday forenoon at Messrs. Heissner’s office and presented a check, mgned Temple & Marsh, which ke tendered in pay ment for $16,000 in Uniled States bonds. The clieck ‘Was accepted and the bonds delivered to the pur- chaser. A short time after this not very extraordl- Dary business transaction the check was sent to the Bank of the Commoawoalth, apon which it was drawn, but the bank refused to houor it, for the good reason that there were no funds im the institution to vn would appear that Marsh had, pfevions to h ‘would ap) call on Aue Messrs, Heissner, endeavored to p case coin of White, Morris & Co. by presenting a check signed Temple & Marsh to office for $10,000 ia gold, Hut fused, and be left the office tl indignation, and oye! jeiasner, _ was formerly @ clerk to William T. Hatch Mr. aa 1s Inno wise connected with the opera tUons ef his partner, and accounts for the name of the late firm being ‘signed to the check passed on the Messrs. Heissner on the ground that Marsh must have torn a sheet of signed checks from the check book of the firm of Temple & Marak without his Knewiedge x THE MERCER STREET FIRE. ‘The following are the additional insurances of the Principal sufferers tm the Mercer street fro that oo ourred on Sanday night:— No. 91, first hoor and basemeat—Jacob P. Sitser, Joss $12,000; insured im the Hope Insurance Oom- pany, of Providence, for $1,000; the Vaited States, = of Baltimore, for $1,500; the Norwich for and Albany City for $1,600, ‘Total, $5,000, am, : Second floor—H. VY. Sigler, 1038 $20,000; insured for $2,600 im the Firemen'’s Fund; $1,500 in the ina, and $1,000 in the Commonwealth, Total, 000, ‘Third floor—Wolfe & Morse, 108 $3,000; insured for $600 in the Niagara and $1,000 in the Narragan- fth floor—G, W, Ferguson, loas sine r $1,000 in the Moptuuental, of toor.—Hoisten & Zimmerman, loss $5,000 or $4,000; insured ior $1,000 in the Protection, of Teecennls, and il the = Nicholas, oe ‘he building is owned by ©. B. bards, wi insured in venous companies for $9, It is a total wreck and Mr. Kichards’ loss wiil be fully $40,000, ‘The insurances and losses of Lie occupants of the other buildings nave not been ascertained beyond wes was wiven in yesteniay’s BEMLD eral of the occupants have ex: a objection to farnianing the press and the peers 88's Oficers with the amount of and companies in which have insured. Jt is understood that the agents of Various insurance compacies who visit fis creer eee, withhold this uformation, Lest the ean aa might endanger Ao antic THE BROADWAY THEATRE OUTRAGE. Sete ee ‘The Investigation Progressing. ‘The investigation as to the “Foul Play” outrago at the Broadway theatre was resumed yesterday before Justice Shamdiey at the Essex Market Police Court. ‘The following important testimony was taken:— Edward W. Sparkhall, of No, 38 Great Jones. street, being duly sworn, deposed—I was employed by W. a, Lioyd, of the New York theatre, in August last; 1 was with the sheriff on the might of the 24ta of August, when they went to the Broadway theatre; I met Mr, Hickey at Mr. Lioyd’s office at half-past four o'clock that afternoon; 1 went with them to identity Harkins; I knew hin and tney did not; I went with Hickey right up to the back entrance of the theatre; we got there about five o'clock; I inquired at the door of the theatre for Mr. Harkins; Hickey and Leary were with mo at the time; some one at the dobr of the theatre told me Harkins was not there and said he was at his house in Tenvh street, betweea University place and Fifth avenue; we all taree went to Harkins’ house and I rang the bell; I in- quired of the person who came to the door if Har- kins was in and was told that he was not; this was about fifteen or twenty minutes past five; Hickey said he thonght that Harkins was in the house, and Hickey and I waited in the carriage at the corner of Tenth street and University place, watching for him till half-past seven o’clovk; we then went to the theatre and 1 inquired at tie back entrance if Mz, Harkins was in; the doorkeeper said he was not; it was then nearly eight o’c\ock; we then went to the front door, thinking that he might come in that way; we went backward and forward between the front and rear entrances several times, walt ing and watching for him; Hickey then sug- gested that he had better go and get some of the other deputies to holp him and directed me to go inside the theatre and seo if Har kins was there; I paid for a ticket and went tn at the front entrance; I saw Mr. Harkins on the stage; when Hickey left he told me to mect hlin at wine o’ciock at the coruer of Broome strect and Broadway, as he had to go up to Tuirty-third street and Tiird avenue and thought he would be back at that tro; I met him ‘at that place a few winutes after nine; he had Leary, Moore aad Ward with nim; Hickey told we to inguire at the back dvor for Harkins; tho old man, the doorkeeper, sald be was not in, though J had seen him on tue stage. a few minutes previot 1 told the doorkeeper 1 Kuew Harkins was in as had just seen him; he gaid he didu’t care and thatt couid not see him; Hickey, Who was standing benind, pushed by me and said, “ho is im there, and I am a deputy sheriff and have an order of oe! an him,” nen door- keeper sai “ jon’ care who are, you can’t come in here; when Hickey pushes all the Cthers pusiied and foliowed Lim; they tne doorkeeper asido aud went inco the theatre; 1 stopped and spoke to the dvorkeeper and told him that they were sheriit’s oficers and lad an order of arrest for Mr. Harkins; just then Quinn, | think, came up and took me by the coat, saying, “Come aud poing bim (dlarkins) out;”? 1 went on to the stage him and heard voices asking, “Who are they ?” and ing, “furan them out: 1 heard one of the sherii’s oilicers say he had an order for the arrest of Mr. Harkins; | did not see Harkins, and Hickey sald to me, ‘1 gueas he isdown stairs;” he said this near the head 01 we stairs leading down to the dressing ro he told me to go down stairs first; 1 did so; and taink they all came bebind me; as soon as I got down stairs I saw tie actors standing together in the green room 1° asked Harkins was there; I told them that the Sherid’s officers had an order for his arrest; the set ors said they did not Know where Mr, Harkins was; the sherigs thea turned and went up staits; when got on the stage i saw iickey and the o.ner deputies together and a pariy of men in front of them; among them was a man with # gray who held some- thing like # clav or yun in is hand; he was hoidi it as if about to strike some one; there Was a grt deal of cursing and swearing and frequent shouts of “Put them out;” some of tue crowd had short sucks im their bauds, With hooks at tue end, such as are used for scenes; I saw the oillcers struck at, bus can’t whether they were hit or by whom the biows were ony I then heard the report of a > not teli who Bred it; then | heard uulng and other shots were fii after the shouting and Gring the sberits towards the rear entrance; aller we got to the doer 1 saw Wilson come in with an officer aud heard him say he waa snot; | think he had blood on his be appeared to be very much excited; the cro froia the stage then came around us; they all tobe much exotted; I then got crowded out of tae boy amg cen syed ge - ba og 4 got in again; I thougus ng for ass! ce the sheruts, ' " Hi th were contending agaings toe sherutst Ten of inact. 5! i? A. No; o aaanomee ee — From the character of tho resistance did toat ey were in imminent danger eustail ily harm before you heard the Arst pi ? A. Ishouid judge so from appear- ences. Could you see any other way of their extricas- ing” tnonelives wan by @ resort to weapons?) A. East Thirty-first 1 am @ messe: No. ‘Thomas Quinn, of No. 351 Quinn, 7 ial deput being duly sworn, ‘the street tment; I have neld sherit’s tment since the 15th of May last Sheriff O’Brien; I went to the Broad theatre o@ the night of the 24sn of August iast; we all had our badges on when we entered the theatre; mine was on the collar of my vest; tho other officers showed their oadges; on coming up from the green room we found about eighteen or twenty men on the stage armed with sticks, clubs, &c.; one man whom they called “Jack,” who wore a white wig, had a musket with @ bayonet on; Wilson had a long stick which he “yabbed” at Hickey; Mickey called out thas he did not come to have any trouble, but to arrea’ Harkins; after this “Jack’’ called oat, “At them, boys | Drive themout |’ Hickey got nit three times; 1 Was bit twi iison who struck Hickey; I heard & shot go off, but could not teil who fired it; I tried to fire my pistol, but it wouldn't ge off; “Jack” seemed to take the lead of tne actors; he “qmade for” Leary with his masket aud “went Iroary worg ougaged in slogle combat witness ‘heard Leaiy wi a slagle com! ess hei Lares or four siots fred, bus could not say from which wide; then the poiice came in and arrested Hickey, Ward and Moore yo carpenter then said that Mr. Harkins had during the confusion which, followed the entrance of the deputy sheriffs; the car- penter “The boys fought to give Harkins time to out;” the theatre men commenced the fight, Wi striking the first biow; the sheriff's officers wore in immiuent danger and could only extricate theméelves by using their revoivers. ‘The investigation will be resumed on Priday next, when 1t is probable that Justice Siandiey will reudes his decision. GOLLING A BUROCRED iM TEXAS. Desperate Conduct of the Convict’s Wife. {From the Waco (Texas) Register, Nov. 11.) Yesterday Suerit W. H. Morrie and W. F. of this city, returned from a cruise after ©. 1. riman, the mao who murdered in cold blood Mr. W. A. Glosson, 1m this city, during she lage summer, seems that the ebertf had been his abilities as & detective tn the effort to work up case success- fully, oo about fog Hoge he ad sate fact information ‘piace com conlmeut, ‘The sheriff tooktwith him Mr. Corley ai f i i rE