The New York Herald Newspaper, December 16, 1868, Page 5

NEW ‘YORK GITY. THE COURTS. Miliecutre rence UNITED STATES DISTRICT COURT. The Watson & Crary Distillery Case. Before Judge Blatchford, The United States vs. The Rectifying Distillery Nos. 171, 173 ana 115 Christopher Street.—The hearing in this case was resumed yesterday, with the usual Manifestation of interest on the part of the crowd of spectators, witnesses and counsel who have watched or taken part in the double proceedings, and in which the ssme parties were and are the claimants, ‘Measrs. Watson & Crary. ‘This morning Mr, Clarence Seward joined the counsel previously engaged in the case—Messrs. H. L. Clinton, C. Donobue and J. B, Bullock—for the de- fence; United States District Attorney Mr. 8. G. Courtney and General Hubbard appeared for the gov- ernment. Collector Joshua F. Bailey, by whose directions the distillery in question and the large quantity of spirits condemned at the former tr! ‘were remains in court’ from the to . ponithenyed , While Messrs. Watson & Orary are ‘leo present, sitting at the table close to their coun- ose the greatest attention to the whole rot ty Peter Nelson, first witness examined, recalled. By Mr. Courtney—When delivering whiskey at Wat- son & 's there were ge! ly three or four bar- Tela ina load; conveyed spirits from his place at Beate a street to Christopher street du: the months of February, March and April, in all at 8,000 gallons; each time he delivered spirits at Wat- son & Crary’s he jum) off his wagon and notified Andrews, Stewart's keeper, of the number of proof gi ions he was delivering; always kept a mem- erandum himself of the quantity ‘of spirits he de- livered; in the month of June last saw Crary on one of the Fall River boats; Witness was a messenger on boat on his way from Boston to New York; saw Mr. Crary’ come on board the boat when we came into the pier; he came alone; Crary had subsequent! to his com: on board some conversation wit Andrews on the boat. Q. Did Mr. Crary put into your hanas a letter on oa Occasion—on board the steamboat? A. He did ol Q. Did you see a letter delivered by him to any person on thatday? A. Yes; to Mr. Andrews. Q, After seeing that letter delivered by Crary to Andrews where did you and Andrews go to? A. We ‘went to Stewart’s house: we did not see him there, ‘and we went irom there to French’s Hotel; we pro- mised to a man we saw that we would fo there. Q. Who was on the Fall River boat with Crary that morning? A. A workingman of his, Q. Was that the man who directed you to go to French’s Hotel in search of Stewart? Ruled out. Q. Who did you see at French’s Hotel? was it the person you saw on the boat? A. We aw no one there, and then we went to Jersey City, where we saw another person in the employment of Crary; he Was there alone at Taylor’s Hotel; went from there to Hoboken to see Mr. Stewart, as we were told he had gone there. . Did you see any checks delivered? A. Yes, Whose checks were they? A. Watson & Crary’s, What were they given for, ifyou know? A, I know from the quantity of the spirits and the price that the amount of the ks corresponded, and that they were given in payment of whiskey. Q Do you know what those spirits were sold for per lions A. Yes; I know from Mr. Stewart, from ¢ books and from the checks, o& were they sold per gallon for to Watson & Objectea to. Did you see the checks given in payment of nee spirits? Av Nos all; 1 ireqaently saw them. Q. How soon penne delivered spirits to Watson & Heinta did you receive payment for it? 0. ak ae you examine the checks as you got them? ‘Q. State how you know the price per gallon. Obdjecte Mr. Oourtney—Your Honor, if the witness delivered three barrels of Whiskey at one time, and he saw a check for the payment of the whiskey, can he not pretty well tell the jury the price per gallon—how he got at the price? ition allowed. From the number of gallons! delivered and the amount of the check, I know the number of gallons I delivered by my own books. . What was the price paid per gallon for the ey ete By the Court—Witness, did your distillery Wi & have any other dealings than nected with the spirits? A. No sir. Q Did rege” aierey and Stewart have other ir. Mr. Courtiey -b. What was if? A. Stewart pur- — Neos fraps Watson ef oe. nitetta was the price per gallon of those delivered by you? Ruled out. Q Before you delivered the spirits did you know from a & Orary or from Stewart what the price "Ruled o led out. Mr courte Ce regio rage 4 Sross-examined by Mr. Clinton—I stil in the dis- tillery business; cannot ow long he was run- hing the distillery at Forty fsih streets commenced Dusmess with Stewart in January, 1867; some of the spirita he sold was delivered in barrels unbranded; gold spirits when he knew he was defrauding the ‘internal revenue; usually ran his distillery during di was seized in April; ran paying license. Q. Did you not know at the time that you were iting an indictable effence and hable therefor w be sent to the state Prison? A. I did. The examination hed the witness, as when he was and con- on the stand on apa trial, was most ex- neg of all the points that could by any possi- ity admissible; nothing to shake his , however, Was elicited. George Andrews was the next witness. His testi- Mony was similar to that given by him in the whis- key ‘case, with the difference, perhaps, that it was a le more positive i direc! Khaled Mere cen ks Attorn ressing on subjects uj was to some extent better informed than when the ‘Witness was previously on the stand, ‘The hearing of the case will be resumed this morn- ing at eleven A. M. UNITED STATES ONTRICY COURT—IN BANKRUPTCY. Decision—Discharge Refused. Before Judge Blatchford. In the Matter. of George H. Goodridge, a Bank. rupt.—In this case the Court says the substance and effect of the five specifications filed in opposition to the discharge of the bankrupt are:—That the bank- répt has wilfully sworn falsely on his examination before the Register in swearing that he had no pro- perty when his petition was filed except property named therein and no property concealed in the hands of his brother, John R. Goodridge, and that his said brother was not indebted to him; that the bankrupt has concealed property in the hands of his said brother and has not delivered it to the ee and that fof the purpose of preventing the sum o! $4,000 to $5,000 m bein; jistribut among his creditors in bankruptcy he has resorted to the device of keeping that sum in the hands of his said brother, claiming that it was paid to him in discharge of a debt. ‘A fraud of the kind here alleg ed is one that can seldom be proved by other than circumstantial evi- dence, and if the stories of such witnesses as appear this case are to be believed as toid, no fraud can be established. In the present case the story of the bankrupt and his brother, as they tell it, is as con- sistent with a fraud as with an honest transaction, and if the alleged fraud was to be perpetrated a ra- tional way to cousummate it with the hope of escaptl detection would have been the way em- joyed In this case. After the closest scrutiny of ie testimony of the bankrupt and his brother ‘The Court says—I cannot resist the conclusion that the $4,000 or $6,000 which the bankrupt alleges he made for ais brother at the West was not made for his brother and was not the brother’s property, but ‘was the bankrupt’s property. 1t was used by the bankrupt for his own Vag pos and calling it a debt due to his brother. He claims that he itup by instalments, the last of which was paid somewhere in the first half of tne year 1867. The impression made by the whole testimony of the bankrupt is un- favorable, The Court quotes irom the testimony of the bankrupt and his brother at considerable length and ip conciuding decides tl pecifications are sus- tained and a discharge is refu: SUPREME COURT—GENERAL TERM. The Arrow Steamboat Explosion—Appeal— Judgment Affirmed. Before Judges Daniels, Muliin and Peckham. W. 1. Brickson, administrajor, éc., Respondent, vs, David Smith and Tunis Smith, Appellants.—This action was brought to recover damages for the death of the plaintiff's intestate, Elizabeth E. Erickson, a Jady twenty-six years of age, which occurred August 6, 1865, at the time of the explosion of one of the boilers of the steamboat Arrow, plying between New ‘York and Haverstraw, and owned by the defendants, ‘who wero on carriers of passengers, The de- ‘Peased took passage for Yonkers, and the. explosion Odcurred at the foot of Thirtieth street, North river. the occurrence Miss Erickson was sit- aig'in yp with another lady named Gardner. josion took place the ateam rushed the cabin, and Miss Erickson sprang her seat and rushed aft through the steam, hé was seen no more alive, and her body was found 18 ans ards in the East river. On the at the Circuit the jury oe & verdict Yor $3,000, and defendant appealed from the judg. ent on Szceptions taken to the ralings of the court low on the admission of evidence, The pointe raised by the sppeaass were, snbstan- tally, whether they were liabie for the death of Miss Erickson, from the fact that she was mot actually killed by the explosion, but when her death resulted from her own action in rushing overboard In a atate ex, fill of fright; also that the Court erred in admitting evi @ence of the physician to the efect that the indica. tions on the body, if deceased was suffocated and aiverwards fo or was tinvown overbyard, would NEW YORK HERALD, WEDNESDAY, DECEMBER 16, 1868.—TRIPLE SHEET. have been the same as the iene roduced by drowning. ‘This was claimed to be pu! hypotheti- cal, based upon no facta proven or offered to be proven. ‘The Court, at the close of the argument, aM rmed the judgment of the court below. SUPREME COURT—CHAMBERS. Im the Matter of the Application of Ogden, @c.—1n this case the assessment of the petitioner had been vacated, and the order vacating had been affirmed by the General Term, The city, however, as it has done in numerous similar instances, still litigates the question before the Court of Appeals. The par- ties in this case sought to enforce their rights against the Comptroller by attachment, claiming that the decision of the General Term cannot be spnenies from, and that any effort for a further mere- ly a lt proceeding, Yesterday Ju pe 05 following opinion, denying tion:— I think the orders of the General Term in these Matters are not reviewable by the Court of Appeais, soooeding to the decision in Dodd’s case. But the Counsel for the Corporation believes that there is sumMicient reason to justily his the Court of Appeals to reconsider that decision. frequency of these applications to vacate assessment, and the im} whe matter host clay, 06) me, I think, since the only detriment tnat the petitioner can suffer is a little delay, in aflording the city the opportunity which its legal adviser ‘peuks. The mat- ters can 8 Ne re te a tothe court, at the January term, to dismiss the appeal. The pre- sent application should, therefore, be denied, with leave to renew the matter has been disposed by the Court of Appeals. The Erie Litigation—The Reargument Con- tinued—Another Order to Show Cause Judge Emott’s Argument Concluded. " Before Judge Cardozo. r August Belmont and Others vs, The Erie Ratlway Company and Others.—This case was resumed yes terday, pursuant to adjournment on Monday last. Mr. Emott opened by saying that he understood on Monday that counsel proposed to adduce other cases in support of the two they had quoted against him on that day. Mr, Field said that on that point Mr. Emott had misunderstood them. Mr. Vanderpoel then said that before the argument proceeded he desired to make a motion. As he un- derstood counsel on the previous day they raised a technical question that the order to show cause did not contemplate a vacation of the receivership of Judge Davies, but simply a@ motion to reargue. He therefore asked that the original motion be amended so as to include the receiver, Henry E. Davies, who had appeared and submitted a brief, and to make the order to be for a vacation of the order appointing him a receiver. ‘This he thought would merely correct a technical objection. Mr. Emott objected to any correction at this stage. If the object was to cure a merely technical defect it was obviously useless. If it was a matter of sub- stance and intended to change the object of the mo- tion then it was manifestly unjust to call on them to answer a new Sudge Cardozo said that he did not think it would be right to compel counsel to change the object of their arguments, but as he was inclined to hear the case in all its bearings he would grant a new order to show cause covering Mr. Vanderpoel’s motion and would adjourn the hearing to Thursday so that oe paatig counsel might consult the bearings of je motion. Considerable opposition was developed on both sides to any postponement of the argument. Mr. Rapallo enggested that it was unnecessary, as the ‘argument to vacate the receivership would be mere Fepe Hs form after the exhaustive argument on e motion. » Mr. Vande 11 suggested that the order be entered returnable forthwith. For a few, moments this seemed acceptable to both sides tif Mr. Field ero that this order con- tain 4 that plaintiffs waive all further time. 1 engaged in contending against such a order that he wished not to have any race queation bout the time of al the return. were willing that the Court should ‘bust they were not willing that any should be made ag that they waived any- Both sides standing out on the question of form the Court took it in hand to make dn order to show Thursday at half-past nine, ac- juest, and to suspend fd finished, ull thst the after Mr. Emott time, Ju that his calendar was 80 forward he thought on Thursday he could com- mence with jour. against his propositi recess he had Been aie vo eggming’ mm ~~" into those as he understood, not! was led anew amended its judgment so as to ol continue the old sutt by amend- nn nd on an ap this the Court of A) 8p} any api iad veen taken before age i order, and the second order was made by the same judge who had made the first. ey never that s judge ht modify his own orgers before appeal taken. . Field su; j—Suppose in such @ case the ge were dead? 19 4 Bmiott--Dead or incapacitated, civililer mor- tu Mr. Field—Or removed? Mr. Emott—In such case many things might be done to prevent a failure of justice. Here no such Was presented. The case quoted did not prove what they claimed. The greatest inconven- lence would from the doctrine that a judg- ment or order might be amended after appeal. An apy might be tfully taken from an appeal or jue it, and the other side, finding that it was un- tenable, might have it so altered as to sweep aw: the grounds of sppeal, leaving the appellant wit expenses which respondent had led him to.in- cur, and the Bo ap pd court would be continually em! the actions of the inferior court. ‘As for the case of Audubon, cited by Mr. Vander- poel, it had nothing to do with the case. He could speak of it with the more certainty as he had been a member of the Court of Appeals who passed on it. In that case P cenapee had brought a suit in the Court of Common Pleas and had been non-suited. He had then commenced a new suit, and from extra caution had applied to the Court to have the (gene of non-suit modified so as to be withou! judice to the new suit, and the Court of Appeals held his caution unnecessary. Counsel again alluded to the case quoted by him on Monday and contended that it fe supported him in his view that after a full ment there could be no rehearing ia a case. In thls case they had six days’ notice to prepare, the; had a whole day of argumenty they had jalmned, or, at least, the Court had disclaimed for them, the imputation on the Judge of undue haste. ‘hey had not thought tt wise or necessary to in- troduce new aMdavits in reply to the new affidavits of the defendants. They did not understand that those affidavits varied in any substantial way from the case previously made, and they did not think they ought to waive, as they once had been said to have waived, their rights by their action. Judge Cardozo said the difference between himself and that Jud, ac that he did not think they had anything to Waive. "Jodge Emott said he did not think they had waived any right. Atany rate they regarded this case aa substantially @ motion to rehear, and the views which he had presented and to which he had substan- tially confined himself were, they thought, conclu- sive inst this motion. Judge Cardozo said that without expressing any inion on this case or intimating what opinion he might have he wished to put a case for the con- sideration of the counsel. Suppose an application were made for oak denaee remedy, — oe granted it ez parte. Suppose subsequently that a motion were made to disc! or vacate this order, and the granting or refusin; jotion, resting en- tirely tn my discretion, is a {hear ttand refuse the motion. Subsequently the before me and asks @ rehearing on additional amd: vits, It is heard, and [ am satisfied thai wrong; can it be Shas there ig nom ting that wrong? Or suppose not #0 com- rae mater of discretion, but that it is reviewable in the appellate court, but the appellate court can find noerror sufictent to reverse that decision; but 1 subsequently discover that I was wrong. Can it be that I cannot give relief in such acase? Ido Not say this is such @ case, ortthat I could give relief in such @ case, but I should be glad to hear counsel on that point. Jud; th Emott said that in both these cases the important element of discretion of the judge came in, and it was the judge's own discretion who was asked to rehear it. His answer to the two ren cases would, he thou of throw very little p the question now before them. He did not desire to ay that there was no remedy if there was no appeal, if, indeed, on Provisional remedies, tnere were any such case. Judge Cardozo the last General Term had heid so in several cases, himself having written an one. Jur ott said that when there was no appeal -he snould Peetene on @ right to rehear by the same Jud He not contended against ti a to rehear a motion before apy state of facts, nor where a case was not reviewable. But what he had contended was that where a legai juestion had, after argument, been passed on by & judge and an | had been duly taken by one arty and nothing new was presented for a rehe: Ing, no rehearing could be had. He 4s the old lawyers, with a protest, sider the case: plied. Judge Cardozo said he felt much {nterested in this question, as he had had it bappen to himself to di- rect judgment on demurrer for defendant when be meant piaintif. He had not hesttated to correct It was the seit ts Sha Mot ey prec e 7 Judge Bao suggested that, of course, clerical | Tum Boarp ov Exciss,—The Board of Excise held ‘The case was then adjourned to Thursday et hatf- | thelr regular weekly meeting yesterday afternoon, Past nine A. M. Judge Bosworth, the President, in the chair, The licenses of the following named persons were re- COURT OF GENERAL SESSIONS. voked:—Israel W. Little, 93 Market street; George Before Recorder Hackett. Berkel, 626 East Twelfth street; John Keon, West- ‘There was very little business transacted yesterday | fleld, Richmond county; Joseph Christopher, West- in this court, the Grand Jury not having brought in | S¢l4, Richmond county; Jona W. Wilber, Westield, + many indictments, . Biekmcnd county; Wi L, Dod, Westfield, Rich mond county. Twelve persons were tried Whose Hugh McKern, who was charged with stealing @ | 1 were aot rovonsd, three complaints were musical instrament, valued at thirty dollars, from |, Seven adjourned to December 29 and two Men 8 a ‘on the 28h of November, pleaded adjourned indefinitely, There was quite a novel to petty larceny and was sent to thé Peniten- for &ix months. jure in the proceedings of the Board during the session, which consisted ot @ temperance society ap- pearing as compiainantaagainst certain liquor dealers illiam Woole: juvenile colored youth, pleaded | and testifying that wel it, having appropriated to his | their ledges of Mea Taeecioenen: ae pared own use eighty-one dollars belonging to Charlee Young. He Ava remanded for sentence. bs A number of ners, against whom the testl- cup” in dei * places tm order . ay ui malty, Tottenville, at illegal times, Lear liquor traMc in their . Commissioner Brennan mony was ins t to sustain the indictments, | animadverted on the conduct of the society in severe cage Seneca in oer nie caer sworn no liquor cou! COURT OF SPECIAL SESSIONS. expected to be relied op as faithful witnesses; not that he believed the; An Interesting Budget of Casee—Am Old | the liquor dealers, ieee Prete Offender and Judge Dowling’s Memory— see ares 8 day raat Ce came — yoo Sormighs Pocketbook Dropping and the Police= rather “miixed, oe oe pe @ did not seem to see things in that light, Heavy Sentencee—Minor Caves, and succeeded in having the licenses of all the Before Justices Dowling and Kelly. or persons against whom they appeared revoked. Before this court there was quite a large calendar — of complaints to be tried, many. of which were of POLICE INTELLIGENCE. the usual kind. Several, however, were attended by unusual circumstances and merit a more ex- tended notice. t AN OLD OFFENDER—JUDGE DOWLING’S MEMORY. James O'Connor was accused of having burglar’s tools in his possession with felonious intent. Further there was nothing known of him, so far as the prosecution could offer in evideace, but LARCENY OF Furs,—Henry @. Leask, of No. 463 Pearl street, caused the arrest of Michael Sullivan by detective Horbelt, on a charge of having stolen four fur robes, valued at seventy-two dollars on the 12th instant. As the prisoner was in possession of one of the missing robes when arrested he was fully committed for trial by Justice Shandley at the Tombs Police Court, the Court sentenced him to four months m. the. Penitentiary. On passi sentence | ASSAULT wir 4 Pisror.—Yesterday a pensioner — pantie rememipered the many aliases—John | -of the Staten Island Sailors’ Snug Harbor, named ct ar . — a reeds MA oa os = un Cockney es =D} a Charles Newman, called on Mr. J. M. Ferter, at his been a aot man since you came to country, | oMice, No. 12 01d slip, as heisone of the Harbor I have been acquainted with you some sixiesn Trustees, when angry words ensued between them on some disputed point, and Newman became so e that he produced a pistol and would prob- ably have shot the trustee had he not been arrested. Justice Shand!ey held the prisoner for trial. A Gana oF Boy BurGiars.—OmMcers Gadican and Martinott, of the Fourteenth precinct, arrested Wil- Mam Corley, aged fifteen, an errand boy, residing at years. Judge Capron sent you from this court some welve years ago for pick! the pocket of a lady in Trinity church yard, when she was bending over the corpse of some relative; you were sent to the Peni- tentiary then for six months, and you escaped from there seven times during those six months, | arrestea you and sent you back each time cine Judge being then captain of police). You have a thief just r+ te asl cam remember Sac he t cle a sons time.’? | 234 Elizabeth street; Owen McGerity, a bootblack, risoner not seem tore! this reproduction fifteen and living at 237 Elizabeth street, and of Past life from the retentive memory of the " suduasend aaaies a ae cane dis ichard McManus, aged fifteen, a bootblack and re- siding at 224 Elizabeth street, on a charge of com- mitting a burglary in the premises No. 238 Elizabeth strect. When the three Posoners were arraigned before Justice Shandley at the Tombs Police Court it appeared that Morris Schwartz occupies the prem- iges entered as @ liquor saloon, and on the night of Monday a rear shutter was broken and the entrance 80 pers by the accused, who had carried off forty dollars’ worth of wine and a copper boiler valued at allowed himself to be led off. POCKETBOOK DROPPING—HIT AT THE POLICE. Robert Kneeland and Stewart Wilson were accused of larceny. From the testimony the following facts appeared :—Thomas Hickey, a native of the nnel Islands, England, came here from Massachusetts, after a residence of tnree years and four months in this country, to take passage and return home. On Saturday last, about eleven o'clock in the forenoon, | five dollars. The boys all admitted their guilt and With valise in id, he had exch: d his paper in a Dank near tae meeree ms rey a ree faby. committed for trial in default of $1,000 reigns and some other money, and when leaving the bank he was accosted by one of the defendants, tell- ing him that he had lost his pocketbook, showing him one ne plethoric apparently with money, a DIsHONEST SERVANT.—Mrs. Elizabeth’ Stowell, re- siding at 84 Horatio street, during the last year has lost, ag alleged, some $300 worth of clothing and twenty-dol. ld piece sticking out betwi ¥! 4 bill *pmding is Pw ances tafe in. bs jewelry. Suspecting a little girl in’ her employ pocket he at ret said 80, but at last proposed | named Nellie Pennell at different times, Mra. Stowell to take the wallet lost by somebody and pay discharged her some months ago, but upon the half a sovereign for it. This being agreed to b; urgent solicitation of her mother again employed arties, the ‘“Hinglishman” pulled out his wali her. On Sunday last Nellie carried away from the and, opening tt, the other of the defendants took out | house to her mother a tablecloth valued at twelve Of it the three soverei while the first left in his | dollars, which she pawned at the solicitation or hand a ketbook containing three pennies. Ts | rather the order of the latter. In this robbery she Teat jieved, both of the defendants ran away, | was detected, arrested and arraigned before Justice They were both foutid guilty, the ingenious defence | Ledwith at the Jefferson Market Police Oourt yester- of their counsel that this was only a mercantile | day, when she confessed the theft. She was com- transaction of barter and sale availing them nothing. | mitted to answer at the Court of Special Sessions in Fiey wegen. o.hg Fenetny and py | Gefen of 0 ball ple < pe igen, leas ig that | A TREACHEROUS FRIEND.—At @ late hour last they were the oldest offenders he knew, except one, lolterg about the ‘wharves and t markets for jade last | Right as oMcer Lewis, of the Fifteenth precinct, was enty years. ey were en back to prison | patrolling his post on Fourth avenue, near Ninth the Judge said that he had torcondemn the police; for | gtreet, ne saw a young girl jump out of a hack that vhese men are known around the markets, and he ad often stated that if they were brought before | W88 being driven up the street ata furious rate, him on the charge of common vagrancy he would | 00 conveying her to the station house it was ascer- commit them. As this was not done he could only Saison enor iamerein: a pened ere mets « ” 0. 6 at ry oc ee eipcethiegs Pk RM 1 ke en her out J r the Sha Solgar Sua WRT aCe | Cnc ha na aro wag wr rs vas . yy order of Burke, when another man, who cy neo the bee Jaen Par was apparently wait ita arrival, got into the ce Siurs wit sons. Parsons came upon the stand and in a ting vehicle. Burke and the stranger then attempted to somewhat seaperions manner asked for the discha Outrage her person, when to ‘she threw her- of Smith and the conviction of Conolly, as Smith had been in his employ as porter at $i6 per week | Self out on the pavement. The girl, who is eighteen salary and was “pat uy” to meal by isper ‘The | Years of age, was very badly injured wiieer fall and Court was, however, “put out” with this demand, to be attended by @ physician before being and it resulted in as gatence of six months for Smith | taken home. and of twenty-five dollars’ fine for Conolly. When BurGLan Cavent.—Frederick E. Bacon, No, 425 Sentence was pronounced ap ae and Tis em- | pighth avenue, within the past two weeks, has lost loyer looked crestfallen, and Smith’s who wi Petag the sudience, Tegan bitterly 0 ory; but the | by ® band of burglare im bis vicinity large amount urt remained unmove: of ready nade clothing. The thieves would enter his store during the it and a whatever COURT CALENDAR—THIS DAY. sMushonguttea thete fancy and. were. easly fancy and were handled. Gene! thelr tastes were of such @ character that SUPREME COURT—GENERAL TERM.—Nos. 320, 321, | he ie major part of his finer stock of coats, It 822, 323, 324, 325, 826, 827, 828, 830, 331, 832, 333, 334, | seemed to be almost impossible to catch the per- 885, 336, 337, 888, 839. - petrators of these thefts: by a continued search SUPREME COURT—CHAMBERS.—Nos. 154, 208, 228, | and application to the in view he has been ena- 235, 242, 268, 269, 815, 316, 322, 323, 325, 326, 335, 349, | Died to prefer cl against two or three of the 377. UPERIOR COURT—TRIAL TERM.—Part 2—Nos, 224, APN, SS MIO 156, 102, 106, 126, actin arnt in Sot Sh 1080, 1082, 1 100%, 1004, 1095, 1103, 1108, 1109, tte, 1%, 1038, 46,6. “34 CITY INTELLIGENCE, rascals, and yesterday he accidentally stumbled. upon @ third. His name is Henry Matthews, col- ored, an individual remarkably weil dressed and ex- tremely well . He was seen with two coats in his-pot lon, valued at fifty-five dollars, on the street, and when apprehended by an officer called by Mr. Bacon he confessed the burglary. Justice Ledwith, at the Jefferson Market Police Court, com- mitted him to answer in default of $1,000 bail. ANOTHER POLICE OUTRAGE. A gentleman connected with the press of this city, while riding on @ Broadway car a, bout eleven o’clook on Monday evening, was accosted by one James Crowley, ‘special car detective,” of the Twenty- ninth precinct, who ordered bim to leave the car, as 43 | ne had no right there. The gentleman, who knew WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, 218 Broadway, cor- ner of Ann street, HERALD Bulldii 3A. M. 32 3P. $ rf ¥ t the officer, and supposed that the oficer knew him 12 M. ._87 | a8 member of the pi suggested that he (the Ave! 37 officer), was laboring under a very great mistake. rage “ ” Average temperature 3134 | The “detective” (save the mark) insisted that he knew his business, and several times repeated his KILLED BY 4 RAILROAD Can.—On Monday last Jo- | Gracr for the gentleman to leave the car, which seph Conlay, of 31 North Moore street, aged twenty- | the latter very properly refused to do. He’ finally six and a native of Ireland, was run over by a Sec- pramirmrtigeen oh being feb en yo re weeny been ond avenue car, on the corner of First avenue and | RAMNiG ih Cee ee detective abliltye that he ‘Twelfth street, when he sustained such severe inju- | had a perfect right to ride on the car. ries that death ensued yesterday at Bellevue Hospt- This is only one of several like outrages that tal. Coroner Roilins was notified of the fact and | “special ward officers have committed during the will hold an inquest to-day. it two a Ene saan ye Big) reuse Fara EMBANKMENT ACCIDENT.—An inquest was ave been hustled tnt je station house as characters nilemen of respectability as held yester’'ay by Coroner Keenan at Bellevue Hos- | Characters, and gentoniet of tee euch sais. pital over the body of John Fagan, @ native of Ire- | tal rete here an spology. for a apr awed aged died from the effects of | 8 needed, and manifest very little regard for the de Sunita on" Monday by his being Duried feelings of any one who has suffered from their stu- beneath a bank of earth i gave aed Loe os pidity. corner of First avenue ani irty-first st verdict of accidental death was rendered. ELEVEN THOUSAND DOLLARS STOLEN. Tus DrvaGcist NeeLigeNcs Cas#.—Coroner Arrest of the Alleged Thieves. Schirmer held an inquest at 179 Elizabeth street Two men, named James Ripley and J. W. Tall- over the remains of Catharine O'Neil, aged two madge, were yesterday brought to this city, from years, whose death by an overdose of laudanum and | gieyejand, Ohio, by officers Schmidt and Rowe, of castor oi) has already been noticed in the HeRALp. ? As there was some evidence that the laudanum mix- | that city, on @ charge of stealing from Messrs, ture had been im ee m4 b rane Bowen, Whitman & Winslow, of 97 Franklin street, John F. Russell, of No. 3 Prince street, the jury cen- romiasory notes of $11,213 26, payable to the urea him for’ such ‘negligence and the Ooroner | frmferder and endorseds. The notes, itis alleged, issued @ warrant for his arrest. Were stolen two or three months ago; and Inspector Tae Moravs.—Warden Brennan reports that the pat ae | a an pd Fer igre goed ee otaiet I custody were at Clevelan body of anunknown man, aged about forty-two | SPPoilo there, who had them arrested. Tho Cleve- years, five feet seven inches high, was brought tothe | jan omcers brought the notes on with them, as esterday from ex and Hester atreets. | weil as two or three $1,000 certificates of stock on a Teeteen had ‘bleek hair, mustache and goatee; had | bogus express and steamship company which the on soldier’s overcoat, dyed, blue cloth k coat, | men had in their possession. Ripley and Talimadge knitted jacket, black cloth vest and pants, blue Overalls, white shirt, white cotton undershirt, plush ap and boots. The body was placed on the Morgue rs toawalt identification, MONTEFIORE BENEVOLENT UNION.—This society, The steamship Main, built for the Bremen line by Greenock, Scotland, arrived here on her which bears for its motto .the words of Sir Moses | Caird & C Se Monteflore, ‘Nothing tends €0 much as charity to | first voyage last Sunday morning. The construction expand the heart,” gives its second annual ball | of shis vessel differs littie from that of the Holsatia, to-night, at Irving Hall. The entire proceeds over | of the Mamburg line, which has been described al. the necessary expenses are devoted to she allevia. | rosay inthe HeRaLp. The dimensions are as fol- in view of tion of the sufferings of the peer, ee, in view of @ lows:—Length, 867 feet; width, 40 feet; depth, 85 probably severe winter, it is to be hoped that these proceeds, in aid of the charitable fund of the society, feet. The fret cabin ssloon is ninety feet in length and {s beautifully furnished. Six splendid paintings made as large as possible by a numerous at- of views on the river Main line the sides of the saloon. The second in saloon lies underneath the first and ts of the same dimensions, but witb leas costly furniture. On the entrance to the frat cabin 1s 6 ladies’ sitting room, eighteen feet by nine feet, joking room of nearly the same dimensions is ated amidshii; There is also @ small room set apart for ladies, with # piano and very handsomely furnished. Fully 800 passengers can be accommo- dated, of which eighty are first class, 120 second and the remainder steerage. The provision made for the steerage passengers is the chief feature of this ves- nel. are nowlocked up at Police Headquarters. THE WEW BREMEN STEAMSHP MAIN. BoanD Or ALDERMBN.—This Board met yesterday, President Coman in the ¢! A resolution was Offered that $5,000 be appropriated to defray the ex- penses of the inauguration of the Governor elect. It was laid over under the rule. A resolution was also proposed to make an sppro riation to pay the legal expenses of the Councilmen in testing their right to seats in the Board. A motion was adopted that the roof and room of Jefferson Market Police Court be repaired. A pett- tion was then received from the officers of the tion oO! use he new. bullding, Laid over, The Board then adjourned, Tus FaRusne’ CLvs.—This clad held its regular weekly meeting yesterday afternoon at their rooms in the Cooper Institute, Nathan O. Ely in the chair, | 000 A discussion took place on the cultivation of Chinese | wate: F could be turned on in case of fire, The entire me in this country, which diverged into one on. Mo} ts heated by steam. some in st is commanded by the follow- the polsonous qualities of Cyr rite =4 ing otioars: tine and ptain, K. V. Oterondorp; first om- fe aeverii members ene committee of twelve, | cer, @. Meyer; second officer, A. ane ird officer, appointed at the last meeting, reported on the | F. Ringk; fourth oicer, G. Bremer; first engineer, quality of a kling American wine, a sample of | D, Adamson; second engineer, @. Yanson. The cos which had Tecelved from Chautauqua county, | of building was £00,000 sterling. She jeft Southamp- N. Y., of the Honeymoon brand. It was pronounced | ton on the ist inst., and during the passage from to be'a fine champagne wine, but a littie too sweet | Cape Race to Sandy Hook had the ae rest passage which her commander ever experienced. ‘The steamship Rhein, which has mad if second trip, 1s constructed on the same plan as the Main. Her commander ie Captain Wenke; purser F, Keister. to suit the taste of gentiemen. A communication was received requesting to know if !t would pay to use plaster on any kind of lana at @ cost of twenty | or twenty-Ave doliars per ton aud jime at @ ptated TEE PARK BANK BUILDING. Senn Grand Opening Day and Public Reception in Celebration of Its CowpletionDescription of the Bullding and Its Magnificent Banking Reeme—The Structure a Lasting and Splen- did Monament to Architectural Art. The Park Bank Building, adjoining the Herap Building, is at length completed. It has taken two years to accomplish this result, but they have been two years of assiduous, rare and skilled labor, In its colossal proportions, in its admirable design, in the exquisitely ornate completeness of its exterior and interior, in the auperbly fitting adaptation of ai ita appointments, in the strikingly pointed manifesta- tion everywhere of those chief and indispensable easentials to perfect architecture—utility, strength and beauty—it stands forth one of the proudest and most magnificent monuments to architectural art in our city. The formal announcement of the comple- tion of the building was made known through invi- tations sent to all the leading merchants and busi- ness men of the city to inspect yesterday the baild- ing, and couple with the inspection indulgence in an Informal banqueting reception. There were thou- sands of respondents tothe invitation—a crushing run on the bank exceeding all bank panic precedents ever known. So great, indeed, was the throng of visitors that it was quite impossible to get more than a passing glance of the interior splendor of the building and tertius deatus ile was he to whom the splendid profusion of viands and wines did not prove the same as did to Tantalus the golden fruit of mythological fable. A full deacription of the Park Bank Building has already been given in the HERALD, and it is unneces- sary, therefore, to repeat the minute details of ita plan and style of construction. It is built of pure white marble; its frontage on Broadway, 59 feet, 4 inches, with a depth of 169 feet and an L on Ann street of 9 feet 6 inches; its height, five stories, with Mansard roof, and its style of architecture a mingling of the Roman and Grecian Corinthian. The imposing beauty of its front, is yey entrance and double columns on either side, its fine marble statuary and circular pediments and cornices, supported by caryatid figures, have long been the subject of encomium by the passers-by on Broadway. But few, until they entered the building yesterday, however, had any conception of the mag- hificent completeness of its interior and the incom- parable perfectness of the-place for the purposes for which it was designed. ‘The banking room is un- Suntan the finest banking room on this Continent, if not in the world, Architecturai invention for the utmost possible blending of utility and elaborate beauty and uniqueness of finish has been taxed to its farthest capacity. It is lighted from a dome Whose graceful and airy style of finish is a chefd’auvre of architectural art, a8 also are the pleasant colors of the tastefully frescoed walls, the mazy network of bronze wire screen surmounting the counters and heavy and curiously wrought bronze parti- ons and gates dividing into various offices & portion of the room; and 80, too, the fine finish of the counters and the diverse-colored Marble of their exteriors, and the elaborately carved desks, and balconies on two sides, supported by iron 8 and ornamental brackets. The dome is elon- ated, gracefully rising and swelling from the base into an area vast and imposing extent. It is wholly made of iron and thick plate glass, and down through it there comes pouring such @ splendid flood of light that of the darkest day no gas is required. At the corners of the dome are bronze medallions of exceeding ity and fine workmanship, represent- ing respectively Science, Art, Industry and Justice. The whole room is certainly fitted up in a style of regal wate Nato as are all.ther other rooms to be used for ban! urposes. To look at the vaults and the thickness of their solid granite walls and massive tron doors and ponderous bolts and mam- moth keys would be a terror to the most desperate burglar. One aide of one of the vauits is divided into 488 apartments or distinct safes for special de- Sethe feature that does not belong to any other pad eS en Saat these safes eee “eo 380 dial locks, having combinations, and 108 register locks, having 2,800 combinations—a very pleasant array of combinations agains robberies. ‘The entire building is fe well lighted and thorough! ventilated, and heated by steam. Mr. GriMti Thomas, who had al given exhibition of his superiority as an architect in his d of the new Astor Library, the Pacific, Metropol , Importers and Traders’, St. Nicholas, Broadway, Bleecker Street Savings, Bowery Savings and other banks and com- mercial edifices, was the architect of the building. In the erga Of this building he has illimitably en- hanced his reputation. Mr. J. T. Smith was the con- tracting builder. Messrs. Chase & Co., of Broadway, manufaetured the bronze work. The ground an butlding cost $1,000,000. The bank will remove from ita present place in Beekman atreet into the new building to-morrow. This bank {s thirteen years old and yet it has the heaviest deposits of any bank in the country. There are some sixty clerks. Mr. W. B. Kitcher, the president, and James 8. Worth, th cashier, are names well Known in business cir his er mn the cashier of the old United States Bank. Weekly Report of the Register of Vital Sta- tistics. The Board of Health held their regular meeting yesterday, but transacted no business of any. public importance, ‘The following is the report of Dr. Harris, Register of Vital Statistica:— Bunwly or Vital Staristion, Deer 1s, 108.5 ‘th on the 13th nat, ‘there were i Phthi nalis ‘The deaths of infants un ‘The deaths of respii Phthters pulmonalts alo: Infante under 1 year. Children under “44 The severe cold is beginning to cut down the aged and the destitute, and in the three days ending at_noon on Tuesda; there have been 139 deaths reported in New York, and ol these there pwards of 70 years of age, 10 between 60 and 70 years of age and 4 were upwards of 60 yearn of age. Both cities continue to be tinusually free from every kind of Infections and epidemic disease, but the fearfully crowded condition of ecrtain quarters of the city and of par: ticular masses of te in New York calla for th cise of all possible sanitary vigilance in such ‘The mean temperature last week was 2% helt, and the range was frotw 32 degrees t one of wer one of returns for 4 ably able as sanitary and natural conditions are in this pleasant season for life and health in the Metropolitan district, one by one of our fellow beings paases golden bow! le broken at the fountalu\' of the Rnd the “allver cords are loosed.” 80 suddeni: come, even in this most healthful season, that i joa, our instrdctor aud moultor in regard to th laws of mortality. The sudden death of the good Dr. Enos esterday in Brooklyn (s recorded with sadness in this class. His memory will be cherished in both cities ae a teacher of health and & promoter of human welfare. Statiatice of the registration of births and marriages in the city of New York for the week ending December 11 Births oertified by physicians. Suilbirthe certified by physics ber of persons married THE TOBACCO REVENUE. of the New York Fino Cut Tobacco Associazion. Under the presidency of Mr. G. Lawrence the New York Fine Cut Tobacco Association held meeting atthe Astor House at one o'clock yesterday after- noon. The chief object of the convention was to remonstrate against the intended promulgation of the Jaw passed by Congress Jaly 20, 1848, and con- cerning the introduction of stamps for packages of every kind of tobacco. After the reading of # memorial intended to be gubmitted to the Committee of Ways and Means the meeting adopted unanimously the following me- SOE uareres or WAYS and MBANns, House of Repra- sentatives, Washington : \dereigned, ‘tobacco cutters and oft Basse of vw York and New Jai ry Brey seu to Januar; es + fanny Ay pared with the several inve: pariment at Wesnington, to fare! | on to such only tA id amy om 0 hold at pri legitimate manufacturer, ho uld be effective in January, 1869," har lected 7 Tock, the oauee yrould te all tor the Women ta jog rere ae rernimenty wherage raat uredeeman Touid ae Li ‘the progh if the law ‘de postponed for # certain lapse of time, The meeting also resolved :— ney for. act of Congress has passed (o com 6 OF manulacturers, and that 5 position to meat Sept emeitera nes Wy, to know what plausi- ble there ble ressone the re might txiat to postpone the adoption of the Several letters were read _by Mr. Burke, sec: of the association, from prominent firms; anda after @n eloquent speech by Mr. G, Lawrence the meeting adjourned. NEW JERSEY INTELLIGENCE. Berge: ‘Tap WAreR Pire Quesrion.—Acting Mayor Brink- erhoff has vetoed the resolution of the Bergen Com- mon Council adopting the report of the Water Com- missioners, who recommended the purchase by the city of the water pipes in Lafayette. A motion to Pass the resolution over the velo was défe: ‘almost unanimous vote, eee Hudson City. A Qvger CopantwersuiP Dirricunty.—For some se bast there has been a disagreement between ugustns L. Seighurtner and Edward Welssenborn, @ firm doing businegs on Palisade avenue, Hudson City. On February 9, 1864, a member of the firm, named Joseph Schieider, withdrew from the partner- er: haste on ~ Sth of June last articles were drawn up between the two parties mentioned above, the partuership to extend torn teagoue twenty-five Years, Selghurtner has been desirous of late to-dis- solve the partnership, and on Monday night he pro- cured from Justice Aldrich a warrant for the arrest of his partner on suspicion of having stolen a quan- tity of lead pencils, valued at $10,000, from the con- cern, and further that he feared malicious injury at the hands of Weissenborn, who might destroy the premises by fre or otherwise, arrested and lodged in the Yesterday morning the case came up before the Re- corder, Seiphuriaes, the complainant, was placed on the stand and testified that he paid into the con- cern upwards of $250,000; that he (Spee the accused from thirty to fifty dollars Ree week for his services, and that he desjred to dissolve the partnership. On the other side the piea was set up that Weissenborn introduced many mechanical in- ventions and improvements and furnished the apparatus, which, together with his services, constituted an equivalent, accordin; to his articles of agreement, for the amount id in by his partner. On the 9th of June last articles were draw! up between the two partners, constituting a partner- ship for twenty-five years, and Weissenborn is deter- mined to hold complainant to the terms of that con- nection. Bail was accepted for the accused on the criminal charge. Weissenborn was police station all night. Newark, BuROLARS FRUSTRATRD.—An evening or two aga some burglars attempted to effect an entrance into the jewelry factory of Bentley, in Green street, but were frightened off by the unexpected appearance of @ huge masiitr. Tag Latest SWINDLE.—John Goma, who has re- cently been swindling bakers on Long Island out of valuable pans, which he ‘‘borrowed” to prepare his “wedding feast,’ has been practising the same dodge on the dough kneaders of this city. One of them in Green street, Edward Doorman, was let in for about sixteen dollars’ worth, SERIOUS ACCIDENTS.—Yesterday forenoon, in How- land, Dickinson & Co.'s factory, in Commercial street, alad named William T. Herman caught his left hand in a circular saw and had all the fingera nearly severed. A few days previously a young carpenter named Zachary 8. Loder, while descend- | gotting 8 ing a ladder in front of a new building in Sprace street, fell head foremost @ distance of about forty-live feet. The outstretched arm of a fellow workman on a lower platform uprighted his body sa that he fell on his feet. His left ankle was dislocated severely, but otherwise he appears safe, ANOTHER PROBABLE HomictpE.—In the course of @coroner’s inquest hela yesterday on the body of George Rice, supposed to have been frozen to death, developments were made affording good ground for suspecting that the unfortunate man did not meet his death by accident. It will be remembered that when discovered lying on the ground on Sunday morning he was bleeding profusel from a deep wound over the right eye, which coul only have n the result of a heavy blow or fall. As there waa no place for him to fall from the theory that he was struck prevatis. The physicians tes- tifled that his death did not ensue from exposure, but from the wounds on hishead. Evidence casting suspicion on one or two parties was taken yester- day. The inquest will be resumed to-day, Trenton. Tas StaTR TREASURER’S ACCOUNTS.—The Commit- tee on the New Jersey State Treasurer's Accounts met yesterday to investigate the condition of the public affairs and accounts of the State. They ro mented Colonel McMichael and his clerks for accurate manner in which the accounts of the State have been kept. TSBRIBLE CALAMITY—FIVB Man DROWNED.— About five o’clock yesterday afternoon as fifteen men were engaged on an icebreaker on the Delaware and Raritan Canal at the Three Mile Level, near Bordentown, & propeller approached, when the mem on the breaker undertook to get out of the way; but the breaker struck s large cake of ice and was instantly capsized, @ men struggling in the water. Five of them were drowned and two #0 rously wounded that thelr recovery is doubtful. The names of the drowned are Coombs, Luke Broderick and three cousins named Daniel Breardon, Peter Flynne and William Gallagher, all of this city. Yesterday ant a Jocomotive was despatched to the scene of the dis. aster to convey the bodies to Trenton, where an ood hue be held. The ice breaker is constructed — is said to have been fifteen years in the oe CHAMPION FOOT RACE. Seventy Yard Dash Between Cozad and Perry—Cozad the Winner. The Fashion Course, on Long Island, was yesterday the scene of s very exciting-foot race between J, W. Cozad, of Iowa, and J. P. Perry, of Philadelphia, for $1,000 a side and the championship of America. ‘Two o'clock was the time fixed for the race; but owing to the very poor condition of the track it was found impossible to have everything in readiness for the contest by that time. There was some dispost- tion on the part of Perry’s friends to postpone the race to another day, the muddy state of the ground being, in their opinion, unfavorable to the success of Perry, who is a much smaller man than his competitor; but after a great deal of discussion between the judges, referees and the friends of the men, it was finally decided that the race should take place. The distance agreed upon by the parties to the agreement was fixed at seventy yards, the race to be decided in one heat. Men were e1 from two o'clock in levelling and smoothing 100° yards of the race track in front of the grand stand, but it was nearly dark before they had completed their labors. ‘There were not very many spectators nt besides the immediate friends and backers of the contestants, Senge runners and sperting men from New ork and perro, These, however, were very much excited over the event, and beti was quite brisk. Pools were sold in a hotel near the entrance to the track all day, and a number of private beta for large amounts on the result of the race were made by the admirers of Cozad and Perry. Forty totwenty and one hundred to fifty on Cozad was offered and several times taken in the afternoon, ‘and when the men, at haif-past four o'clock, entered the track and stripped for the contest the betting was exceedingly brial Cozad seemed quite conf- dent of yictory and manifested no little impatience to have the matter ended. He was dressed ina white suit and looked the very beau ideal of @ swift ranner. Perry, although light and iithe in appear- ance, did not seem to have those peculiarities of hyst ue which go to make up @ successful racer. Bota, bowever, were finely formed and stripped well. | BA was dressed in a dull of red racing clothes, was considerable diMculty experienced in tart, Cozad being quicker than his oppo- after five or six attempts the dual signal nt start wasobtained. the hort it was almost impossi- nent; was given and an excel distance being so_ver; die to tell whten was the better runner; but the re- sult, which was announced direcily after the race, clearly showed that for # short distance Cozad ts almost without an equal. Nearly from the start to two-thirds of the way Cozad led Perry five or six feet; but the latter gained considerably the re. mainder of the distance, but not enough to prevent his opponent from winning by three feet. 8 time made from the start until Cozad struck hia breast against tho | a the hands of the judges was seven seconds and a quarter. The result of the race was hailed with much cheering by those who had backed Lire INeunanci 7 a citizen of New Bedford effected insurance upon 000, The premiums were paid regu- 1867, wien, for some reason, pay- ote were discontinued.’ The assured Tecentiy ‘when the company were notified of the deat! ‘were asked if the polloy was still in force under the statute of this State rogolanins the forfeiture of self insurance policies. 0 reply ie that the policy js valid, and the company, recogaizing the claim, will pay she widow the amount insured, iess the un- paid premiums and the accrued interest thereon, amounting to about $860, is is the fret instance of a laim under the circumstances in this vicinity.— Nov Bedford Mercury, Dec, 14. —— Fraross Evectsp To Orrics iN Groreta.—The diefTulowing ase fat of il tne mogrows ected F wines, Giynn, Tax Collect 08 eivens 2: Qoroner; 8. Houston, O L. Gl of HK e toe, “flares. ‘ollector ;- of Liberty, ; T, sie, of ‘Taootn, Ord ary; @. Daniel, of Lincoin, of Morgan, Coroner; T. Jenkins, ‘Ooroner, 3. Br dolph, ahama, of Tallaforro, Coroner; & Byrom, of Wilkes, Coroner