The New York Herald Newspaper, December 17, 1868, Page 8

8 NEW YORK CITY. TRE COURTS. UNITED STATES CIRCUIT COURT, Whe Erie War—Judge Nelson’s Decision Set~ ting Aside the Order in Chambers Appoint- ing Jay Gould Recciver—Belmont and Lucke Made Parties to the Whelpley Suit. Before Judge Nelson, whetpley vs. The Erie Rathcay Company.—This 1s the case which, it will be remembered, was argued at great length before Judge Nelson a couple of weeks ago on a motion to vacate Judge Blatcbford’s order appointing Jay Gould receiver and on a motion to make Belmont and Lucke partners in the suit, Jadge Nelson, in his opinion, decides that Belmont. and Lucke be permitted to join as parties to this suit; that the injunction be dissolved, and the order appointing a receiver by the Judge in United States Court, Chambers, be vacated and set aside, The decision virtually leaves the control of the road in the hands of the directors pending the de- cision of Judge Cardozo in the matter of appointing Judge Davies recelver. The following is the opin- ton:— Jutge Nelson—The bill is filed in this case against the Erie Railway Company by a stockholder, charg- ing that he 1s the owner Of one thousand shares of stock; that they are a part of two hundred thousand shares of over issues said company, in violation of its charter and contrary to law, and that ‘this issue of stock be inquired into and its legality or illegality be ‘established: and if itis heid that the gald issue Was and void, then that the com- pany be decreed bg ig re hee amount paid by him for this spies stock; and also that the company, pending she suit, be from disposing of its property, or so muck of it as ‘will indemnify him; and also that @ receiver be ap- | renga and the company be decreed to convey to sufficient amount of moneys or seou en to enable ay ¢ _complainal the ‘advance made for said stock, with interest. This bill is filed on behalf of the complainant and all other persons holding this alleged over issue of stock, The Judge at Chambers, Bo opposition being made, pane the injunction and appointed a receiver. August Belmont and Er- nest B, Lucke now come into court with a petition setting forth that they are the holders of a portion of this over issue of si and ask to be made ties to this suit, a8 provided for in the pil nd a interested in the question to be determined by the court; and also charge that oe rere appointed re- ceiver is an unfit and disa proper discharge of the duties of that office. The queer involved in this alieged over issue of stock jepends upon the construction of several pro- visions of the laws of New York corpora- the powers and duties of the act of April 2, rpora- —- tions, The first section of 1960, authorizing the formation of railzoad cor tions and to regulate the same, provides that any nuniber of persons, not less than twenty-five, may !orm a company for the purpose of constructing, maintaining and operating @ railroad, &c., and fur that purpose may make and sign articies of asaocla- tion, in which shall be stated the name of the compa- ny, &c., “the amount of the capitai stock of the com- Pany, Which shali not be less taan $10,000 for every ‘mule of the road constructed, or be sya to be con- structed, and the number of shares of which the capital stock of the company shail consist,” &¢. The Binth section provides:- “ln case vhe capital stock of any company formed under this act is found to be insuficient for constructing and operaiing its road, guch company , With the concurrence of iwo- thirds in amount of all its stockhol-lers, increase ita capital stock, from time to time, to any amount re- quired for the purpose aforesaid; such tne crease must be sanctioned by vote in per- gon, or by proxy, of two-thirds amount of all the stockhoiders of the compa at a meeting of such stockholders, called by the directors of the comipany for the purpose, by u notice in writing to each siockholder, to be served on hii personally, or by aepositing the same, properly folded, and directed to him at the post office nearest his usual place of residence, at least \wenty days prior wo such meet- ing. Sucu notice must staie the time and place of the meeting, and its object, and the amount to which it is proposed to increase the capital stock.” ‘The twent)-eighih section provides that “every corpora- tion formed under this act shall, in addition to the gp conferred on corporations in the third title of e eighteenth chapter of the first part of the revised statutes, have power (subaivision 10) from time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage tneir corporate property and franchises to secure the payment of any debt contracted by the company for the purpose aforesaid; and the directors of the eompany may confer on any holder of any bond issued for money borrowed as aforesaid the right to convert the principal due or owing thereon into stock of the suid company at any time not exceed- ‘ing ten years from the date of the ie suc regulations as the directors may see fit to adopt.” On the Poy of the Erie Company it 13 claimed that under provision the directors the right ‘to issue what is called convertible boucds for the pur- — specified tuerein to an unlimited amount; it the issue complained of was made under and in ursuance of this authority; that the stock held by complainant in this suit and by Belmont and Lucke was stock issued by the company to bonahold- ers who desired Lo convert their bonds into stock, and which stock, it is insisted, 1s legal and valid. On the other hand, the original stockholders insist that the wer conierred by this tenth subdivision upon tie Uirectors should be restratned to the case where the capiial stock of the company has not been filed by subscriptions of stock and for the purpose of en- e@biing the compaay to anticipate these subscrip- tious, by borrowing money oa bonds converibie into stock at the option of the holders, and was not intended to authorize, indirectly, an unlimited issue of stock, and thus to increase tue capital of the com- pany incelinitely, and without a compliance with the nuith section, which expressly requires the concur- rence of two-thirds in amount of its stockholders iar this purpose. These diferent and conflicting con- wiructions of the several provisious of the statute as to the powers of ratiroad compantes formed under it must necessarily come up for consideration and dis- sal, on the final hearing, on pleadings and proofs; ut in the view we have taken of the case it will not be necessayy, nor, perhaps, proper, to express am opinion im respect to Them on this preliminary mouion. We are satisfied on an examination of the bill, as well as upon the in opposition, that a case has not made t will authorize the Court to uphold the order injunction, or for the appolatment of a re- ceiver, even, assuming the stock in question to be a part of an illegal or over issue, We agree that if the moneys received on the issue of the convertible bonds had been kept apart and separate from the gencral funds of tue company, and could be traced and identified, an equity might weil arise in behalf of the derrauded stoc ers against the particular fund, and attach w the same. In equity and con- science the money paid, and thus traced and iden- tifled, would be his money; and the holder of stock into which the bond had been converted, and who Tepresented the bond on which the money was paid, ‘would stand in the same equitable relation to the fund. Bat the bill, in this case, does not place the right of the Ke oy to follow the moncy advanced on these alleged fraudulent issues of stock, on the ground that the moneys for the same, or the Securities therefor, were kept separate and apart from tue general funds of the company; but on the contrary upon the right to have set apart from these general funds a suiicient amount to reimburse Dimset for these advances, thereby unplicedly at least admitting that they have been commingled ‘With the general mass. jes the opposing pe ‘pers show that this is the fact, Judge Story states the principiea:—*Where,” he observes, “there is fraud Wwuching property they (courts of equity) will interfere and administer a wholesome some- times even stern justice in favor of inno- cent persons who are sufferers by it without @uy faut on their own side, is is done Dy converting the offending pars into @ trustee and making tae property iweif subservient to the proper purposes of recompense by way of equiiabie trust or Hen, Thus ® iraudulent por- chaser will be held @ mere trustee for the honest but deiuded and cheatea vender.” And, as stated by Lord Bilenborough in Taylor vs. Plamer (3 M. and Selw., p 676), it makes no difference in reason or law in whatever form different frum the original the change may have been made, whether it be into that of wma 4 which was c., “for the roluct of or substiute for the original thing sil follows the nature of the thing ttaelf, as long as jt can be ascertained to be such, and the it only ceanes ‘when the means of ascertainment which is the care when the subject 18 turned into money, mixed and confounded in @ gen+ral mass ie same description.” (ee also 3 Muson, 233, and Story’s Equity, sec. 1,259 and see, In the latter condition of things grieved party can comme in only as a creditor, and is entitled to no preference or priority over Unis class of creditors. 18 is the condition of the complaint in the bill before us. It is claimed by the learned counsel for Betmont and Lucke that the receiver, Gould, should be removed as unfit and dis- ualified, upon the facta as set forth and admitted in the case; but that some other potated in his place, and that the Y estopped from contesting the matter, having as- vented to an appointment in the original euit. We do not assent to this view. The company waived notice, which is required by the rules and practice Of this court, before an injunction can be issued; but tue order for the injnnction and the appotntment Of & receiver depended upon the nt of the Jearved jodge who wed them. deed, we are not prepared to admit thet am order for an injunction or recviver can be made im an im- Proper case, even with the consent of both parties, Tore especially when the rights of third persons may Blso of the and be copcerned, The above view disposes peution of H. 5. Davies, the receiver, in the State court. Some exceptions have been taken to the aj poiptment of the President and Treasurer of the ral read company a4 receiver by the learned Judge on the filing Of the bill, Butit should ve remembered that a prima jacie case %a8 euppored to have been made out in the bil for the appotmtment, and no ob- jection or opposition having been made it wae aliaost & watter of course to grant the ord ted by counse! for complainant. And, b na toe au thority to be given to the receiver was to receive ony a part of tke moneys or scourtiles ¢ Dot siwprising that, under suolid have oogurred 1o the Judge f the company, at ireutnstancer, It that the pute ln NEW YORK H#RALD, THURSDAY, DE of @ part of the moneys or securities into the hands of @ third person, and thus dividing the common fund and resourees of the company, Inght have the ellect to embarrass the legitimate opera- tions and business of the company, bust ess which produces an income of some $15,000,000 or $16,000,000 per aunum—an amount larger, it is said, than the annual revenue of the State. ‘The order appointing this receiver also waa made, in express terms, sUb- Ject to the further order of ‘the Court; and any per- ‘son interested in the question could come in at any time, as Belmont and Lueke did in the present case, and appiy to the Judge or the Court to hear any alle- gations seainss the fitness of the person appointed, Our co! pense upon te whole, is that Belmont and Lueke be permitted to join as parties to the suit; that the injunction be dissolved, and the order ap- Pointing a receiver be vacated and set UNITED STATES DISTRICT COURT. ‘The Watson-Crary Distillery Case. Before Judge Blatchford, The United States vs, The Reotifying Distillery 171, 173 and 175 Christopher street.—The hearing in this case was resumed yesterday, being the third day of the proceedings. There seems to be no decrease in the interest felt as to the result, especially as regarda the counsel engaged, who are earnestly pushing the advantage, from their opposite standpoints, that can be got either on the direct or cross-examination of the Bt aed as they are called for the prosecution or de- nce, ‘The claimants, Watson & Crary, hardly leave the court room for a moment during ry while Collector Bailey, sitting on the government side, seems to be immersed in the business of his office, temporarily removed to the District Court room, Judge Blatchford presides with the most undeviat- Patience, giving not the ‘htest symptom of the weariness or ennui which majority of the Jury evince from time to time. case is three days on trial, and, from present a@ppearauices, it will occupy a longer time than that occupied by the whiskey case in which the present claimants were also the claimants, The examination of witnesses commenced this pene big ben recall < the Frew cy irews, who underwent @ very pro- tractoduireet and cross examination. ‘i A few other witncases were examined on the part of the prosecution, which then rested. Pe ag will be resumed this morning at eleven UNITED STATES COMMISSIONER'S COURT. Charge ef Biackmailing. Betore Commissioner Owen. Daniel Lichtenham, anex-internal revenue officer, Was brought up on a charge of having on the 29th of April last obtained $1,000 from one Oscar Hoym on ®& promise that he would adjust and settle a cl then pending ene him (Hoym) for an alleged vio- lation of the Internal Revenue law. Lichtenbam gave bail im $2,500 to appear for examination. Seizure of Cigars. Before Commussioner Betts. On a search warrant issued by Commissioner Betts 600 packages of Killikinick smoking tobacco were ‘this day seized on the premises 28 Dey atreet and de- 7 pia tod to Deputy Collector Phillips, of the Fifth disirict SUPREME COURT—CHAMBERS, The Jumel Estate CasemIs There Forgery or Perjary? Before Judge Cardozo. Champlain Bowen vs, Nelson Chase and Others.— A year or two ago Nelson Chase, representing in himseif (mainly by purchase) the descendants of an alleged sister of Mme. Jumel, contested her will on the ground of undue influence; and that will was set aside, and Mr. Chase, as representing the legal heirs of Aaron Burr’s widow, took and 1s now in pos- session of Mme. Jumel’s estate, That case had hardly been concluded when the plaintifs in this suit commenced four actions in ejectment for the real estate of Mme. Jumel, alleging, in substance, that Mrs. Jones’ descendants, in whose name Mr. Chase claims title, were not heirs of Mme. Jumel, but that Naintils were the true heirs, The testi- mony cf ail the oid men and women still living in that part of Rhode Isiand from which Polly Bowen (Mine, Jumel) originally came waa eagerly sought, Wee & contest arose between the plaintitla and defendants whether their testimony should be taken viva voce or on written interrogatories, in which the plaintids triumphed, except as to the evidence of the pariies themselves, and the evidence of these old witnesses was taken on written interro- gatories. A sort of agreement or understanding was eniered into between the attorneys for plaintiits and defendants that these commissions and the exhibits produced by each side should be retained by the at vorneys and not filed with the County Clerk. Cham- plain Bowen was, however, under tue arrangement examined viva voce in Mr. O'Conor’s office. After the greater part of his examination was taken Mr. Bowen and the counsel went to Judge Sutherland's house, There Mr, O’Conor produced a letter pur- porting to be written by Champlain Bowen to Martin & Sinith, the counsel for the defendants in the first action, and inquired whether the letter was his. Mr. Bowen denied that he had ever writ- ten it or sent it, and after quite a long ex- amination Mr. O’Conor procured the original jettcr and cavelope, and a copy to be marked by the Judge. ‘The originala were returned to Mr. Carter, attorney for the defendants; the copy was attached to the de- position. Mr. Carter sent subsequently a request Jor the fil of the deposition, Messrs. Cambreleng & Pyne, plaintiffs’ atiorneys, after some days con- sumed ia making @ copy, tiled it, but meanwhile sent acopyist with manifold paper to imake @ fac- sinile of the original. Mr. Carter, though willing to have a copy made, retuued to allow a fac-simile to be made. ‘The case now came up ona motion to compel Mr, Carter to file the original letter, or at least te permit the platntiffs to take a photographic fac-simile. Mr. Tracy, for the plaintlifs, stated the facts and substance of the allldavit of Mr. Pyne, which went a littie further as to the understanding, and stated that the letter was left with Mr. Carter only on such expressed arrangement. In his opening he ued that on the facts they were clearly entitled to have the letter filed as part of tie depos.tion, Mr. Carter In answering said thai he was com- Peiled in some measare to go into the merits of this case. Mr. Lowen claimed here as aa heir through James Bowen to Mme. Jumel. While the old case ‘was proceeding Champlain Bowen had doue nothing, but had gone to the Kev. Mr. Duane and had staied to him lis claim, Mr. Duane had advised him to consult Martin & Smith. As they understood a lety ter had been then writen by the plaintiiT to Martia & Smith, tn which he averred tuat Mme. Jumel was not the daughter but an ilegitimate grand- daughter of James Bowen. it wouid be someihing of @ miracle if tius levter was @ forgery; but it was denied utterly before Judge Sutherland, and was therefore not evidence and was not an exhibit in the case. Mr. Pyne had made some mistakes in his statewent of what had occurred on the taking of that deposiuon. But after ali the real questions cid not turn on those facts. He could not see for what this demand was inade, unless it were to i- troduce evidence to contradict it. Now, go far it was not evidence. They had introduced no testi- mony to make it evidence. There was @ difference Deiween other depositions in which exhibits bad been produced and tis, and this diference was that im the others exutbits of value to the ood bad been produced, while in thia deposition there were no such exhivits Still, he naa exhibited no harsi- negs. He had made juest that it should be led, but he had allowe eceasary time for the making of copies, He would not have objected to paying for copies. After what had occurred before the Judge he thought the deposition should be died, ‘The question before the Court now was whetier.tuis letter shoul be fied. The letter was denied. It ‘Was not necessary to the completeness of the depo- sition, It was no part of the plaintiff’ case, it was, if anyihing, @ part of the defendants’ case. Jf the plaintiff’ had any power to obtain this letter it was by bili of discovery. Mr. Pyne had sent to them fora copy. They had never refuseda copy, but whea & young man from their oiice had come in with transparent paper v0 trace @ copy he bad —— that ewilat beyond ordiuary cour- teay and hed stopped it. What covld the platutitts want a fac-auniie for? He thougut their only possi- ble object was one which would noi be approved ‘ the Court. it was apparently to procure we teatl- mony on cominiasion of, forty or fifty tiat this leer ‘wag not the handwriting of the pluintiut. This was a kh it pw A thelr case—a meaus of inquiring beforehand 1 their testimony not favored by the courts, If the platotiffs asked this, not os aright, but asa favor, there were other considerations. ¢'The otuer side, not being resicenta of thia State, sougut wo oust persons now in lon of property here, ey had applied to tho Court to take testimony or commission on their claim. De- fendants had willing to'give them every sacility, rovi thoy were allowed the privilege of oral Bromee amination. ‘The Conrt hadglenied them that privilege, and on appeal the Court had heid we order not appealable. They had done their bes: with writteu crese-inte tories; but under those com- missions all kinds of testimony had been taken of aged estes; of What they had heard from toctr fathers and mothers, their grandfathers and grand- mothera, Counsel tne one case of an ol1 man of ninety-nine, ail of whose testimony, he averred, would have been deino'l#hed in fi Minutes’ oral cross-examination. Now if the ide asked this faciilty of looking into their evidence they must least extend the factiity of oral crose-examinatioa. Mr. Tracy, in reply, said that Mr. Carter was con- tinually, in this if compelling hun to go aside, from the immediate question in hand to the general merits of the action. Mme, Jumel had died leav- ing’a will by whicb the great balk of her estate was Jeft away from her relatives and friends to charita- ble uses, with some legacies to certain of her fricnds. Mr, Obase bad attacked that wil. ame. Jumel's relasion# were paipavie, cloar persona, but they were quite content to let her will stand without cl * on her feebienesa of mind and without attac her character. Mr, Chase, however, being om hau had at once taken possesrion of the property as @ “aquatter,” and pushed on with most extraordinar, idity ® snit to annul the will, He, counsel, hi op wi peared in that suit, though not ina prominent , On behalf of two choritadie institutions, knew its.conduct. When the cave came to trial — found themselves too weak and @ compromise wasmede, In thas suit the present claimants had’ no user tet. aud Mr. Chage bad been careful not to make them parties or to bring them before the court, After, however, it was found that Madame Jumel’s wishes were to be set aside these heirs cl their righta, The esiablishinent of their right de- on the testimony of aged people in Rhode Pitt ta Gal oot ey Sere eee mn very arg laiutif’s counsel could say no more now than he then said. The parties were not, however, to be included in that order, So Champlain Bowen Was brought here and examined at great length in Mr. O-Conor’s oilice, W! fac-simile, whether this letter was to be produced by the aefel ts. on the triai or not? The objec- tion he could conceive of was th solne- Bowen, What was to secure them from having letter in substance produced on the trial, in exact imitation of Mr. Bowen's writing? What motive could the other side have in refi & fac-simile? What harm could arise from giving it? He couid see no honest objection to it, Mr. then read from Mr. Bowen’s deposition enuine, and ao Mr. O’Conor’ showing that Judge Sutherland had marked the original aud the copy which was attached to the de- position, Judge Cardozo si ited the case that on trial Mr. ‘iracy offered @ paper to a witness and the wit- ness denied all knowledge of it, and Mr, Tracy then handed it to the Judge to be marked for identifica- tion, but without putting it in evidence, Would Mir. Tracy consider that gavewright to his adversaries to see itt Mr. Tracy replied that this was the difference:— Had it been merely marked for identification they would clearly have no right to it; but in this case it had been made by Mr, O! or, Who was not a youth- ful lawyer to misiake his case, a of the deposi- tion, and had been made part, though the original, under the pore arrangement between counsel, had been left in Mr, Carter’s Jadge Cardozo said that be did not consider it im- Portant where the paper was. The question was leposition or whether the paper was partof the not. Mr. at some length that it was; and, betier tee fein of absolute right, it was a ques- might lose the: OFigiual altogether, in’ Mr Cur.is ml jose ol . Curtis’ hands it was no doubt safe, but Mr. Chase might change his attorney, and then they knew not what their security mae be. After some further argument the Court took the papers) renerying its decision. releng & Pyne and Charles Tracy for plain- tiffs; James G. Carter for defendants, ‘SUPERIOR COURT—TRIAL TERM. A False Imprisonment Case. Before Judge Barbour. Specht vs. Milliman.—The plaintiff was an em- ployé of the defendants, and, according to their de- fence, suspected that they were being robbed by their clerks, and ultimately thought they had found jt Lge ao eee of the theft of fifty cents. They him: and taken to the Tombs, and then went to Specht’s friends and required of them $200 to ie their Shire A check for ae amount and no one 3) Specht was disc! Specht ‘thereupon had the k stopped and commenced these pi \. Tre ree really interposed was that defendan had good reason to believe that Specht had stolen from them $200, and that all they wished was to get back their own. ‘The jury found for plaintiff a verdict of $500, COURT OF COMMON PLEAS—TRIAL TERM. The Duties of Shippers. Before Judge Brady. Nussbaum vs, Stewart ait Others.—The plaintitt isamerchant of Macon, Ga. In the latter part of 1865 he ordered from A. T. Stewart & Co. goods amounting to $1,300, directing the same to bo ship- ped to them at Macon, Ga., by Adams’ Express. The defendants suvstantially admit that this direc- tuon was given, but they claim that the goods were not sent in accordance with it. ‘The boy who marked the goods is dead, and though the ants produced his ticket to show that he had ship- psd the goods via Louisville it did not avail. Adams’ Express Company actually shipped steamer to Savannah, und on the way an accident happened to the steamer, by which, the evidence showed, they were reduced to one-quarter of their value by being water-soaked. The plaintiffs showed that when the goods were delivered from the eee the words “via Louisville’ were not 9n ein. The Judge held that if Stewart & Co. really ship- ped the goods according to the order of the piaintitts they were not liable; but if they neglected to do so, ‘end by such omission the Express Cony had lost the goods or a oe fares of their value, they were Mable, but still thelr remedy press Company. ‘The jury tound for the plaintifs, assessing their damages at seventy per cent, with interest, amounting to $1,096. Engtehart and Runkle for plaintiffs; H. H. Rice and Judge Milton for defendanta, COURT OF GENERAL SESSIONS. A Daring Burglar Sent to the State Prison. Before Recorder Hackett. Assistant District Attorney Hutchings conducted the prosecution of cases in this court yesterday, and while the court was in session a large number of prisoners were disposed of by the Recorder. Thomas F. Barton, against whom the Grand Jury brought in two indictments for burglary in the first degree, pleaded guilty to one of them. He was charged with breaking into the residence of Edward M, Willett, 13 Gramercy Sark, on the night of the gth inst, having effected an entrance by forcing open the rear window. He stole two overcoats and six napkin rings. The prisoner was arrested as he was about committing @ burgiary upon the house of Samuel J. Tilden, No. 15 Gramerey place, and the property was found in his possession. Tho Recorder in passing sentence sald that he had Ro doubt that Barton participated in the nume- rous burglaries which were recently perpetrated in whteenth ward. As the Court was not informed to his antecedents, and in view of the fact that a plea of guilly had been made, the extreme penalty of the law would not be iaficted. He was sentenced to the State Prison for seven years, GRAND LARCENIES, James Tevohey, who was charged with stealing, on the 4th inst., sixty-five dollars from John Coleman, Pleaded guilty to aa attempt at grand larceny. ( Henry linger made @ similar plea, the charge against him veing that he stole forty-four dollars from Henry Lam) on the dist of Ovtol) ‘These prisoners were each sent to the State Prison for two years and six months, Finma White pleaded gu'lty to petit larceny, she being charged with stealing a shawl vained at thirty. five Goliars from Jeanie Camp. Sbé was sent to the Penttoutiary for six montha. Charies Van Blarcom and John Thompson pleaded guilty to an attempt at burglary in the third degree, Un the 9ta inst, the premises of Frederick 8. Bacon, No. 425 Eiguth avenue, were burgiariousty entered and cleven coats stolen, valued at $194. The prisoners were remanded for sentence. COURT CALENDAR—THIS DAY. Sureews Count—GeNekaL Texw.—Enumerated motions E 38, 2 342, M4, UPREME © T—CIROUIT. —Part 1837, 1487, 1461, 1019, 1483, 1609, 15 Circorr Covrt.—| Ness and civil cale: O08. 1654, 1058, 1415, 1402, 1356, 812, 216M, 1754, 1130, 916, 786, 1562, 1722, 109234, 1800, 1802, 1792, 1814, 1-18, 1920, Circutr COURT—SPECIAL TitM.—issues of law and fact—Nos. 98, 153, 130, 169, 170, 17 177, 1i8, 179, 180, 131, 182, 156, 194, 155, 9, 273, 3 CITY INTELLIGENCS, Te WEATHER YeeTERDAY.—Tho following record wili show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnae’s pharmacy, 218 Uroadway, cor- ner cf Ann street, UBRALD a 36 8 Boise Exprosion.—A boiler used for polling migat, at No. 6 White street, exploded ycsterday, throwing the contents ali over the room in which it Was located and scalding two men very badly. They were taken to the hospital. AMERICAN GROGRAPHICAL AND STATISTICAT, 8O- CIsTy.—This society will hold this eveuing, in their rooms tu the Cooper Inatitute, their regular monthly mee The Rey. F. De Costa will read a paper Spon, “ine Early of the Northmen io Ame- rica.” Tho subjec i be tilustrated by a large Map on C@dvas, showing the earliest setticments in America, Minor INQURETS.—Coroner Rollins was yesterday Notified to hold an inguest at Bellevne Hoepi'al over the remains of Zervanini Gerolomo Carlo, a native of Italy, aged forty-two years, whose death was the re- gall of @ fracture of the sustaiued in some une kaown manner. Stephen Powers was found dead yesterday after- Roon at his residence, 209 East Twenty-uintu street. Corouer Rollins was notified. Fines Last EVENING.—A fire broke out yesterday afternoon on the fifth floor of No. 660 Broadway, ‘which is occupied a#@ manufactory of dress trim- Ming, The soon was Ggmaged to the extent of spent Bam ingured im the Park Insarance Company for $1, A slight fire, caused by @ defective chimney, oc- cafred‘in the’ toot of 10 Mercer street. yestefday morning. Damage trifling. ‘THs “GoveRNOR OF ConBY ISLAND."—We regret to learn that Mr. Gilbert Davis, one of the oldest and most esteemed citizens, who has solong been known by the sobriquet of “Governor of Coney Island,” has beon prostrated by paralysis and is lying at the point of death. Most of our readers will remember that in 1835, at the height of the fever of specula- tion in real estate, Mr. Davis, in connection with Mr. George H. Binnt, got up a map of Coney Island in order to ridicule the gigantic swindies of the ume. In 1836, when the bubbie burst, the title of “Governor of Coney Island” was bestowed upon Mr. Davis, and this surname has ever since been borne by him, Tue CoLuMBIA YacuT Civs held thelr annual meeting for the election of oMcers at their club rooms, West Pifty-seventh street, on Tuesday even- ing, when the following gentlemen were unant- mously elected for the coming year:—Joseph A. Weaver, Commodore; C. F, Tompkins, Vice Commo- dore; Charles M, Armstrong, Secretary; George W. Osborn, ‘Treasurer; William H. Rowe, Measurer. At the close of the meeting the officers elected and members of the club look of a collation gotten up for the occasion and enjoyed the evening hugely. The Commodore and Vice Commodore were re- elected unanimously. HoWakpD MISSION AND Hom For Littue WAN- DERERS.—The annual meeting of this society was held yesterday at No. 40 New Bowery, for an election of a board of nine trustees, Joseph Hoxie in the chair, H. Brewster was chosen secretary. The secretary of the board reported that the new bulld- ing and alterations had cost between $40,000 and $50,000, This had largely exceeded the estimates, ‘The rule had been to incur no debt, but tnis had obliged them to be temporarily in debt. The follow- ing board was elected as trustees:—J. M. Ward, H. Brewster, W. Sanford, R. R, Graves, J. S. Howell, A. 8. Hatch, H. 8. Terbell, 8. T. Hi H. Sutton. At the close of the meeting the newly elected Board of ‘Trustees met for the purpose of organising and elected the following officers:—J. M. Ward, M. D., President; Samuel 'T. Howard, Vice President, A. 8. Hatch, Treagurer; H. Brewster, Secretary. ANNIVBRSARY OF THE CITY MISSION AND Tract SocizTy.—The forty-second annual meeting of the New York City Mission and Tract Society was held in room 30, Bible House, yesterday afternoon, The Rev. Thomas De Witt, D. D., presided, and the meet- ing was ed with prayer by Rev. Dr. Rodgers. The of the Treasurer, Morris K. Jessup, was read and showed that the receipts i the year were $48,162, and the present lance in bank was $3,470. A summary of the proceedings of the Executive Committee was then made by the the correspont sec! After pa A Rev. J. pig Md intendent of Missions, the election for for the ensuing year took place and resulted in a re- election of the old board. The meeting was dis- missed with a benediction by the Rev. Dr. De Witt. POLICE INTELLIGENCE, GRAND LARCENY.—Edward T. Clarke appeared at the Essex Market Police Court yesterday charged with stealing fifty bags of oats, valued at fifty dollars, from the canal boat George P. Ross. The prisoner was employed on the boat, which was lying at pier No. 3 East river, It was alleged that ‘ke disposed of the propeay ia the absence of the captaim, and aj trial. propria' e proceeds. The prisoner was co! ted for tri A DETESTABLE Scamp.—John McCann, aged twenty years, temporarily stopping at the New England Hotel, in the Bowery, was arrested by detective Mc- Cafferty, of the Sixteenth precinct, and arraigned at the Jefferson Market Police Court yesterday, upon the complaint of William Strap, of No. 243 Seventh avenue, charged with defrauding him out of fifty cents on Tuesday under the following circum- stances:—The pi er came into the store of Mr. Strap with a subscription paper, representing him- self as the brother-in-law of a man named John Boy- lan, @ carpenter, whom he ited had died that morning, after an iliness of months, leaving a wife and two small children in indigent circum- stances. He also represented that they had not suf- ficient means to de his funeral expenses, Mr. Strap’s sympathies being worked upoa by the piti- able story related by the prisoner he gave his mite, and afterwards learned the representations were un- true and that McCann was appropriating the money #0 collected to his own use, as the man Boylan was @ m: The prisoner had with him a subscription paper headed with the following appeal, to which was subscribed about twenty-five doll i in is ranging from twenty-five cents to six do! “D 15, 1868.—Jonn Boylan, a carpen- ter, who was lying for five months sick with asthma, died this morning and left a wife and two small children behind. Please assist, to enable to bury a carpenter.” The prisoner stated he was a painter by occupation, a native of Ireland and guilty of the charge preferred against him. He was commitied, in defau t of $1,000 bail, to answer at the General Sessions. WEDDINGS IN FASHIONABLE LIFE. ‘Trinity chapel, Twenty-fifth street, has evidentiy o monopoly of the weddings in fashionable life. Last night at this place was celebrated the marriage of Miss Cara Netta Le Vert, daughter of the well known au- thoress, Madame Le Vert, to Mr. Rigail Reab, of Au- gusta, Ga. There was a large and fashionable com- pany present, both at the ceremony and at the recep- tion {n the Coleman House. The bride and bridegroom started for the South immediately after the recep- tion. The number of valnable wedding presents the bride, exhibited according to custom, showed the merited regard entertained by a circle of friends for the young lady and the family, On the night before @ very elegant party and crowded church were present at the same place to witness the marriage of the daughter of one of our weaith- jest merchants. The whole arrangements for this Were on the costliest aud grandest scaie, and the re- ception afierwards at the residence of tne bride's oie on Fifth avenue, was superb, Our rich and fashionable people know how do things’ in ao princely style. MYSTERIOUS DISAPPEARANCE OF A LADY. In the Heraip of Monday last @ paragraph ap- peared stating that a lady named Margaret Mayne, residing at No. 40 Bushwick avenne, Brooklyn, had disappeared suddenly on the Friday previous, and no clue could be ascertained of her whereabouts, Thomas Nelson, residing at the corner of Kent avenue and Hewes street, Brookiyn, states that on Friday evening inst, about seven o’ciock, he was a seager on board the terryboat California, Ping rently tween Houston street, New York, an hamebarg, when & woman of pat thirty years of age, dressed in a ht Ha vana dress and gray sacque, attracted the attention of three or four yoo sitting in the gentiemen’s cabin of the ferry! by her somewhat distracted behavior and restlessness. Whea tho boat was in the middle of the river the woman left the cabin and went to the stern of the vessel. ‘The passengers who had witnessed the fact, seeing that the woman did not make her ap- pearance as the boat landed, imparted their suspl- cions to the pilot, who ordered # thoi in search to be made for her over atl the boat. As she could not be found it was deemed probable that she was acci- dentally drowned or jumped overboard deliberately aster she had leit the cabin and weat to the stern of the boat, which was entirely deserted aud out of sight of the pilot. Mr. Nelson says that he supposed that the fact would be reported to the police by the officers of the ferryboat, and therefore took no further steps in the Matier unul ne saw the disappearance of Mra. Mayne reported in the HERALD, OLICE TRIALS, Whe Is Bergh? The Poltce Commissioners held their regular weekly meeting yesterday, Commiesioner Manniere in the clmir, The only case of interest was that against an oMicer of the First precinct, Mr, Bergh, of the society for the Prevention of Cruelty to Animals, being the plaintur. It appears that on the 65th Inst. the good friend of dumb animals had occasion for the services of the officer, “ft found him so much’under the inftuence of liquor,” said Mr. Bergh in a coramunication to Mr. Acton on the subject, “that he was unable to understand a re- quest that [ made for his aid, although I two er three limes repeated it. When sent for he was told that T wished nin to come, and on being told my naine he exciained, ‘Who the h—I is Bergn? 1 don't know ‘em On being informed that | required his servi- ces in behalf of the wsoclety of which [ President he seemed to comprehend as i as bis muddled facuities would allow, and Bald, ‘Well, IL come ag soon as I go in here and get adrink.’ [ei pr ir to say that ai) that ls persoual to myself Is quite iramaterial, and that had the af- falc 00 other bearing than contempt for me Lt should not have troubled you with this communication.” Mr, Bergh appeat before the Commissioners yes- terday, however, not to justify this indictment of the oiticer, but simply to say that he beileved the officer's conduct towards hita had been the result of natural stupidity and not of drunkenness, SHOT IN BROADWAY, A Strange Affair. A very mynterious occurren:s took place in Broad- way yesterday afternoon about haif-past two o'clock. It seems that @ young man named Joshua Warren Peck, who resides at No, 228 Kant Twelfch street and is em pioyed 48 a clerk in the establishment of 8. B, Chittenden & Co., 368 Broadway, was crosati road- way, between Waiker and W bite streets, when be was that though the tact, the ball cntcring the side of his l. the shot was sired from could CEMBER 17, 1868—TRIPLE SHEET. ascertained, alth« oMcer Walkinsbaa, of the tiroadway usd, en vared to ferret ont the vy hereabout miscreant who must have dis- charged en from some buiiding on the block. Whether the shot was fixed en! or 0 happened street at the time Mr. Peck was wounded, that he “thought he had heard” the report of a bom but that he was not ready to swear to it. Mr. Peck’s im- juris are not considered dangerous, COMPLIMENTARY DINNER TO JAMES W. GERARD. New York, Nov. 20, 1868. James W. GERARD:— DEAR Sin—It is with deep regret that your pro- fessional brethren of this city have learned that you are about to retire from the bar, of which you have so long been an acknowledged leader and ornament. They are unwilling that a relation so pleasant and profitable to them should be severed without an op- portunity to manifest in a public manner their high appreciation of your worth, both as @ lawyer and citizen, We beg, therefore, that you will mame an early day when you will meet the bar of New York ata dinner to commemorate your retirement from pro- fessional life. Your obedient servants, hton, Henry E. Davies, mor, Aaron J. Vanderpoel, v, ‘Willian Fullerton, Field, J. E. Burriil, N. Potter, Hamilton W. Robinson, Henry Hilton, Luther R, Marsh, J. W. Edinonds, Elbridge T. Gerry, John B. Parsons, 8. P. Nash, Wm, Allen Butier, C. A. Seward, Nathaniel Jarvis, Jr. E. H. Owen, FE. Delafield Smita, Chas, ), Burrill, Richard H, Bowne, F. Dg, W. C, Wetmore, Dudley Field, 8, Cambreleng, Augustus F, Smith, Irene P. Martin, Marshall 8, Bidwell, Edgar 8. Van Winkie, Chas. P. Kirkland, Joln Slosson, Chas, E. Butler, James Moneriet, Au us L. Brown, J. 8. Bosworth, 4, Grenville Kane, Charles A, Rapallo, james Thomson, Henry A. Cram, . F. Marbury, C. A. Arthur, John N. Whiting, 'T. P. Giraud Foster, Ashbel Green, Henry E. Knox, G. R. J. Bowdoin, Andrew Boardinan, A. Oakey Hall, William E. Curtis, E. L, Fancher, Joshua M. Van Cott, D. D, Lord, D. Bs Bator Chas, Tracy, Samuel G. Courtney, Henry Nicoll, Zonn Adriance, Jobn K. Porter, George F. Betts, James Emott. e, New York, Dec. 3, 1863, GENTLEMEN—I have received your very kind and gratifying invitation to a dinner pro) to be given HC me by the bar of New York on my retire- miNever having held any judicial or other pubilo lever any or other publicypo- sition, this act of kindness and friendship is doubly gaiving as @ free offering by the rank and file of ie bar to one of their own number, and as such I esteem it as the compliment of my life, I do not feel at liberty to decline this kind testimo- nial of the consideration of my legal! brethren, and Nig tae eg ae baer feget of Cer setae lv le to you, w at regard, you! ni , aa We BTAMES W. GERARD.” BROOKLYN CITY. THE COURTS. UMTED STATES DISTRICT COURT. An Admiralty Case—Collision. Before Judge Benedict. William D. Morgan and Others, Owners of the Ship Hudson, vs. Henry Hastings and Others, Owners Of the Ship Midnight.—The libellants seek to recover damages for injury to their vessel by a collision. Henry Hastings and others bring a cross suit against the libellants, claiming that the collision re- suited thro their pe a On the 16th of March the ship Hudson, rt taking in her cargo at New York, being bound on a voyage to London, was taken out into the stream ee, to sailing. The wind being unfavorable, she came to anchor in the harbor just below hed- joe's Island. The wind continued un/ayorabie until the 18th, On that day the steamtug t. N. B. Starbuck took herin tow. The anchor was night was coming down 1n tow of the tugboat Chas, Chamberlain. In attempting to pass the vesseis came in collision, and both were more or less dam- aged. In consequence of the ius tothe Hudson her owners were compelled to take her back to New York and have her repaired, at a cost of $2,483. The trials have been cape | before Judge Lenedict for the past three days, have not as yet been concluded. Rebbery at the Navy Yard. Henry Brown, who was indicted forrobbery at the Brooklyn Navy Yard, was arraigned before the court yesterday and pleaded not guilty. In default of $2,000 bail he was remanded to jail to await trial. SUPREME COUAT—GENERAL TERM. Liability of Common Carriers, Before Judges Gilbert, Joseph F. Barnard and Tap- pan. Henry G. Ely and Another vs, The New Haven Steamboat Company.—The plaintiffs sued the de- fendants as common carriers to recover damages for the loss of certain leather received by them for transportation from New Haven to New York. The property was placed on board the steamboat Continental, and on the 4th of July, 1866, it reached New York, when the leather was re- moved and it lay upon the wharf anti the morning of the 6th of July, when it was destroyed by Ure. The court decided for the defendants, taking the ground that their responsibility ceased at the time of the fire, The platntif™ on appeal claim that the action was properly brought; that the liabiliey of the «le- fendants as common cairiers for loss by tire coa- tunued until the delivery of the goods to the plain- tits; that a delivery at the wharf must hsve beea to some person authorized by the plaintiffs to re- ceive them or due notice must have been given to them of the time and place of delivery; thai to make @ delivery on the wharf a substitute for personal delivery and to excuse the defenuants from giving notice to the plaintif’s, so ag to exempt them from liability for loss by fire on the wharf, they must prove by clear and satisfactory evidence the existence of a long cdntinued and notorious custom for veasels to deliver and consignees to receive goods on the wharf without notice; that there was no evi- dence of guch custom in this case. It was also shown that the 4th of July was a national and State holiday and that places of business were usually closed on that day; that no notice of the ar- rival of goods was sent to the defendants on that day, and the judgment should be reversed anda new trial granted. ‘The defendants contend that carriers by rai! or steamboats, whose routes end at known points are discharged from their special liability as carriers as soon as the is are landed at their destination and ready for delivery to their con- signees, There is no rule oflaw juiring notice. ‘The aintiins jot claim to extend the liability of the jefendants a8 insurers over the 4th of July into the Sth on the ground of the 4th being a holiday. !t was not @ day when lavor was unlawful. After some further points lad been submitted the argument A Landlord and Tenant Case. Bridget O'Brien vs, Albert B. Capwell.—Plaintht appealed from an order tn the city denying a motion for a new tria! and from a judgment in favor of plain- tif. The action was for damages sustained by plain tit by @ fall from a piazza of a house owned by do- fendant, but in ion of a tenant under a writien lease containing no covenants to repair on the part of the landiord, The defence set up was that ihe plaintiff had no right to be on the premises; she was a trespasser, The piaintifs answer waa, tl he @Vi- dence clearly established the negligence of the de- fendant tn erecting, maintaining and upholding the piazza in an unsafe and dangerous condition. ‘Tais made him Ilable. Refitting the Brig Rush. Jesse Cart, Respondent, va, Paul N. Spafford, Appeliant.—This suit waa instituted for materiais furnished and work and labor performed by platatiit for defendant in refitting the brig Rush, Tie case was tried before ® refereo of the Supreme Court in Suffolk county. The complaint alleges that such javor sizzie whick sum defend. 4 pe mised to "7 to ; Jans pro’ Siaiauia: tase defendant has pad wo th npon account the sum of $5,500, and that there is sull (ue 8 com ore 736 for which sum, with incere: The answer admits that the plaintiff furnished materials aad performed services at request of defen- dant, but denies that such services and materiais were worth LU ed 49, or that the defendant pro- mised to sum. therefore tho referee reporied in favor of the pialutid for tue fall amount claimed. ‘The defendant claims that the work was not Gone in with the contract, and that .ie report of the referee was incoriect.. Plaintif ured that it was mot claimed by the defendaut tiat ‘he ices for which this action was brought were not érformed in a wi ulike manner, nor tiai they were not worth the ainount charged; that, on tie contrary, d ‘agents testified that the work Wan well done aud that the bilis were'vorrect; tha: Imall negotiations plaintit ad refused to give in eatimate of the cost of the work, as he could mt do more than give @ rough estimate of the expeises. GROOKLYN CITY COURT, Damoges for an Inandation, Before Judge Thompson. withetmine P. 8. Herr vs, Joseph Entrnaan ‘The plaintiff brought @ suit agaist the dofon ant before Judge Thompson yesterday to recover dam ages for injury to her property through an inunda- Mon alleged ho have been brought ‘abet by tee ney 5) ice of the defeudant. The plaini® and defou: ture the owners of adjacent houses, Nos, 544 nnd 546 Colambia street, Mra. Hert complains that irou « Tast the basement of her ‘Was filled Cee ay ho bursting of a water ‘omtered fA ht arate conan tot was to Mr, Endmann in égzard to the matter he delay bt tus premises until complaint was made bo the W. partment. An inspector Was to) ater De aa ot, An ins; the cel July to Septem! was found under The plain vy j ‘the jury returned a verdict in favor of the plalne! tiff, fixing the damages at 3234. KINGS COUNTY COURT OF SESSIONS. Conviction of a Policeman for Assault and False Imprisonment, { Before Judge Troy and Justices Hoyt and Voorhiess, OfMcer Samuel Brown, attached to the Forty-fira precinct, was tried in the Court of Sessions yester. day for assault and battery and false imprisonment in arresting and imprisoning a y man nam Francis Quinn, on the nigit of the of a ‘The testimony of the complaining wit show that he te Sandia tae night in question on sidewi ie Cathalte church, walling vo go in the chi The prisoner came up aud ‘old his sompanici to “move on,’ when he was inform: they were waiting to get into the the prisoner said that was @ pretiy answer to. & man, and thereupon arresie.i Lit and took him the station house; witness went us far as the station house with his compantgn au! sav him locked up3, when gbout to leave the prisoner arrested him (wit. ness), and be was also lovked up in the same ceil with hig com, mn; on the following mornti when fore Justice Cornwell, they Wcr@ dike charged. Thegjury recurned a verdict of guilty ang, the officer was remanded for seutence. Burglary. Peter Lanigan wes tried ani convicted in the, Court of Sessions yesterday for burglariously en ters ing the residence of Mr. Joha G. Cooper, No. Henry street. Mr. Cooper, hearlag a noise in his on the night of the 22d of vciober, went dow: Fe ee a ae abe joor, pre 0 jeep. envered | the house only a moimeat before. When Mr. Cooper seized him he slipped ous of hig coat and Hetea use Tne jury retuned a verdict of gullty locked up, jury returned a he was sentenced vo imprisonamcaot in the Penitene tiary for five years. COURT CALENDAT—THIS DAY. Scrreme CouRT—GENERAL ‘'I'sRM.—Calendar for To-day—Nos. 1, 17, 52, 53, it, 57, 58, 59, G0, 61, OS 66, 67, 71 to 61 inclusive, 13, 13, 22. BROOBLYN INTELLIGENCE, ConvicTED oF LanceNy.—Julla Shields was tak before Justice Riley yesterday and convicted of ing a ten dollar Treasury note irom the trunk of if Mary Gee. She was sent the Penitentiary for months. , BURGLARIES.—The residence of Mr. Lafer, No. ‘Middagh street, was feionlously entered on Tuesd: night and robbed ofa go!d watch. - ihe liquor store of John Vostello, in Sedgwi street, was entered by burgiurs yesterday mornin and robbed of ninety-six dollars’ worth of liquors and cigars. ye CaTuoLic MISSIONS IN BROOKLYN.—There will b two missions commenced iu this city on Sund: next. AtSt. Peter’s church, corner of Hicks and Warren streets, the Redemptorist Fathers will be 11 attendance, and at St. Mary’s church, B. D. (Rey. R. McDonald, pastor), the #ranciscan Fathers Den and Edwards will officiate. 4 Burntne A LOAD oF Hay.—Mr, Daniel R. Suydamy @ Long Island farmer, left a load of hay standing al the corner of Bond and Warren streets, at half-p ten o'clock yesterday morning, and during his ab sence some mischievous little boys set it on fire, I was soon destroyed, and the horses were bare! saved from injury by their harness ae cut. wagon was damaged to tlie exveni of $100. ACOIDENT aT a SKATING Ring.—Danlel employed in putting a tin roof on anew skating in Clermont avenue, missed his footing yeste afternoon and slid off. Owing to the snow on Toot at the time the man came down to the eaves with such force that 1% was impossible for him save himselfand le fell to tue und, bi both legs. He was taken to the City Hospital. SnzAK THEFT.—The residence of Mr. John G. bear, No, 413 State street, was entered by @ aneal thief about six o'clock last evening and four ov coats, amounting to the aggregate: value of $2 ‘were stolen from the basement hallway, where th had been left Cony einen ‘The rogue made off su cessfully with his ty. The eniwrance was et through @ basement dvor, which was left uns the family being at supper at the SuppEN Dgatu oF 4 New YorE MERCHANT. Mr. Martin Bennett, merchant, engaged in the f business in Front street, New York, was found in his bed yesterday moruing at his residence South Ninth street, E. ». Deceased was about i eight years of uge. te leaves a widow and two chi dren, Who were absent at the ume of his e Coroner Smith will to-day investigate the cause death. ConongR’s INQUEST IN THE LaT® Homicrpa, An inquest was heid by Coroner Flavin yeaterdi who was thrown into @ vat of hot water at the d tiliery No. 118 Fron ton the 28th of Novernb while fighting with James Smith, fellow workm Deceased died on the & Hospital. ‘The jury found a verdict to the effect th Clark came to his death from congestion of the ment branes of the brain, su, nduced by scalding, h having been thrown into the vat by James Smit ‘The accused 13 still at large, ANOTHER CASE OF ALLEGED FoRGEnyY.-—Sevel arrests have been made in Brooklyn recently fo forgery, and two parties are now awaiting theact of the Grand Jury for this crime, Yesterday Jon Sturgis, @ man about eighteen years of ay employed as clerk in a hat store in York, resented a forged check on the chanics’ Bank of Brookiyn, at the store, af James Fullerton, No, 103 Atlantic street. Jt Le to have been drawn by one James 8: ‘avor ot J. Kuiglar, aud was endorsed by Sturgt: The amount called for was $16, When the checi was taken to the bank i} was pronounced 8 forger. Sturgis was arrested, and wueén searched anoshel check for $30 was found in his possession. “hw in the same handwriting, aad purported to ha’ been drawn by Ciares U. Viatt B favor of Stu a se tery was tukea before Judge Delmar, whel he pleaded not guilty and was remanded for trial. THE HELL GATE OBSTRUCTIONS, Experiment with New Drilling Apparatns. A number of scientit'c gentiemen and represent tives of the press met yesterday morning at machine shop of Morris & Cummings, Duane gfre to witness (he trial of the machine invented by Mf, Shelbourne for drilling the rocks at Hell Gate. Maj General Newton, who has charge of the wi clearing Hell Gate of obstructions, was present anq explained the nature of the machine and the ner of operating it. Previous to the trial of the marine drill a large block of granfte, bored thré in two places, was shown as the regult of a fo experiment, The machine, which is supported four strong fron pedestals, is in shape like a 1a kettie-drum reversed ; is made of tron and 18 suppo to be water-tight. it hag taside two ines of cullar construction and of avout #x horse ‘por ‘whlen, when tas tnactine sth operation. i wkteets to a botler placed in a Darge ohoreaedie tape : marked out for submarine operations. A num! strong iron bars serve as he oy to the chlue, and also secures @ rate of Md oy 1s abgut which is turned at a high eam power in the drum, The drill nine fest long, and is °o constructed that the op rator iu the barge can reverse iis action at w: end of che drill which penetrates the rock is a stron ‘*bitt)’ of hard meia! ghous three inches leng, pi d ia several places to pormif the fine powdered ro Ond Water toescape. Fourteen black c. bon) are strongly vxed in this “bite or |, aa setting or sun ai to cut the rock, form ti principal feature i the dill,” The weight of chine ts 790 pounds, 7 bake ‘The arrangetnents for ‘he trial were not Rati factory or compiete, avd there was consid le a Iny4n consequence. When ail had been Ssvcem was turned on fro:'one of the bollers of. shopand the trial commenced. It was soon avident thas if the machine i$ water-tight and only be lowered eveniy on te rock intended 4 pe cred it will faily auewer the purpose sought altaived by the Mvenwr, The ‘aril penetrated r look of solid granive scores a the trial a the rate of one inch per minute and made ® ol + inches ia diameter. The holes im the head theurill did not choke up, water bet constant!, poured down from tne top ‘or tue machine. ‘The n Uo was, habe so great that it was @ aS! ter to keep the dri in ite proper Bee ventor, Who Was present super ated that when the Tnaching was sabmergod hien could bbe eiteoted by Ven pisuced asearely ‘nere would be nd vibravion rik tar thi Working of she dri, ne Fe teal capanioes entirely satisfactory; but wi mip In ihe Meroa tron ab Holl Gate will cou ite value remains to be seen. { io abawer to goveral luquirieg nit to him Genera? Newton eaid thes handreds of dificaltios in the cone . sirociton of the machine were successfully over- come, but that several hundred other diMicuities bad; to be mastered before the work of remey ving the Heil wate rocks coula be commenced. bmue = drill will shortly Le submitted to a practicd: ate ,